Oklahoma Administrative Code
Title 377 - Office of Juvenile Affairs
Chapter 3 - Administrative Services
Subchapter 13 - Office of Public Integrity
Part 1 - GENERAL PROVISIONS
Section 377:3-13-6 - Certification of Secure Juvenile Detention Facilities, Municipal Juvenile Facilities, and Community Intervention Centers

(a) Certification. The certification of secure detention facilities, municipal juvenile facilities, and community intervention centers by OJA is to ensure maintenance of minimum standards for the care and protection of juveniles detained in these facilities. OJA issues a two-year certificate to operate a secure detention facility, a municipal juvenile facility, or a community intervention center when satisfied the facility meets the standards set forth in this subchapter. The certificate is non-transferable.

(b) Provisional certificate. OJA shall issue a ninety (90) -day provisional certificate to operate a newly established secure juvenile detention facility, municipal juvenile facility, and community intervention center after determining the facility meets the respective requirements to include: physical plant, staffing ratio, and written policies. Prior to the conclusion of the ninety (90) days, OJA shall conduct a full certification assessment of the facility to ensure its operation is in conformity with the requirements of a juvenile detention facility, municipal juvenile facility, or community intervention center. If the facility is in compliance OJA will issue a two (2) -year certificate to operate the facility. If the facility is not in compliance, OJA may issue a second ninety (90) -day provisional certificate to operate the facility, as long as the health and safety of juveniles are not substantially at risk. OJA shall conduct a second full certification assessment of the facility prior to the conclusion of the ninety (90) days. Based on the findings of the second certification assessment, OJA will either issue the two-year certificate to operate the appropriate facility or deny the application. Only the OJA executive director may authorize more than two (2) ninety (90)-day provisional certificates. Any facility that has been closed, sold, or had a change in operators may not operate as a juvenile detention facility, municipal juvenile facility, or a community intervention center until it has gone through this certification process.

(c) Probationary Certificate. If a facility fails to meet/comply with the requirements of certification, but is not considered an immediate risk to the health and safety of the juveniles, OJA may place the facilities certificate on a probationary status to allow the facility time to regain compliance. The probationary status will not last more than ninety (90) days. During this time, OJA can opt to reduce the licensed capacity of the facility, implement additional safety plans or measures, and conduct unannounced inspections as needed. Should the facility fail to regain compliance during this time, the certificate shall be revoked. The facility will receive official notice of the decision to place the facilities certificate on probationary status and the grounds for such action.

(d) Revocation of certification. If a facility is unable or unwilling to comply with requirements or has failed to adequately protect the health and safety of the juveniles, OJA may revoke the facility's two (2) -year certification or its ninety (90) -day provisional certification. The OJA executive director must authorize the revocation of the certificate and the facility shall receive notice in writing of the decision and the grounds for such action.

(e) Monitoring. The OJA Licensing and Programs Assessment division monitors for compliance with the certification requirements and offers technical assistance upon request. Allegations that a facility is not in compliance with certification requirements may necessitate an investigation. The name of the complainant is kept confidential, if possible. The investigator shall advise the facility administrator of the outcome of the investigation.

(f) Development and revision of standards. After compliance monitoring, staff may propose new or modified certification standards to the Board of Juvenile Affairs. The development and revision of standards are subject to the rulemaking requirements of the Administrative Procedures Act.