Oklahoma Administrative Code
Title 377 - Office of Juvenile Affairs
Chapter 3 - Administrative Services
Subchapter 13 - Office of Public Integrity
Part 3 - REQUIREMENTS FOR SECURE JUVENILE DETENTION CENTERS
Section 377:3-13-42 - Juvenile rights

Universal Citation: OK Admin Code 377:3-13-42

Current through Vol. 41, No. 13, March 15, 2024

Written policy and procedure provides that facility staff shall ensure the rights of a detained juvenile are preserved. Staff shall not diminish or deny a detained juvenile his or her rights for disciplinary reasons. The rights of a juvenile in detention are subject only to the limitations necessary to maintain order and security in the facility. Each juvenile has the rights listed in (1)-(14) of this Subsection.

(1) A juvenile shall have freedom from discrimination because of race, national origin, color, creed, sex or physical handicap.

(2) Male and female juveniles shall have equal access to all programs and services offered in a detention facility housing both sexes.

(3) The facility shall have a written grievance procedure, in accordance with OJA policy and approved by the Advocate General. Facility staff shall explain and make the grievance procedure available to the juvenile.

(4) The facility shall have on-site nondenominational religious services and religious counseling. A juvenile shall have the right to voluntarily participate in on-site religious services and religious counseling.

(5) A juvenile shall have access to on-site recreational opportunities, including daily outdoor exercise, weather permitting. The facility shall provide adequate and appropriate recreational equipment.

(6) A juvenile shall have access to the courts and confidential contact with attorneys and their authorized representatives. Contact includes, but is not limited to:

(A) telephone conversations;

(B) uncensored correspondence; and

(C) visits.

(7) Facility staff shall not discipline a juvenile by using:

(A) corporal or unusual punishment;

(B) humiliation;

(C) mental abuse; or

(D) punitive interference with the daily functions of living such as eating or sleeping.

(8) A juvenile shall be allowed to receive visitors according to the facility's written policy and procedures.

(9) A juvenile shall have reasonable access to the general public.

(10) A juvenile's access to the media is subject to the limitations necessary to protect the juvenile's rights and ensure the security of the facility. Media requests for interviews and juvenile consents must be in writing.

(11) A juvenile shall be allowed to determine the length and style of his or her hair, except in individual cases where restrictions are necessary for reasons of health and safety.

(12) A juvenile shall keep facial hair, if desired, except in individual cases where such restrictions are necessary for reasons of health and safety.

(13) A juvenile shall have supervision and control exercised by staff or training volunteers while at the facility.

(14) A juvenile shall receive educational instruction to which the juvenile is entitled under provisions of state education laws and regulations.

(15) Juveniles shall be provided with a copy of the facility rules and their rights while detained.

Added at 14 Ok Reg 1863, eff 6-2-97; Amended at 17 Ok Reg 3202, eff 7-18-00 (emergency); Amended at 18 Ok Reg 2625, eff 7-1-01; Amended at 23 Ok Reg 2761, eff 7-1-06; Amended at 27 Ok Reg 2182, eff 7-15-10

Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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