Current through Vol. 41, No. 13, March 15, 2024
(a)
General provisions. The requirements for facility staff are set
forth in this Section.
(1)
Personnel
policy. Every facility shall have written personnel policy which
includes the maintenance of personnel records. The facility director shall make
available to employees personnel policy and written job descriptions. The
policy and job descriptions specify the person to whom the employee is
responsible and the duties the employee is expected to perform.
(2)
Juveniles' tasks. A juvenile
in detention shall not be used as an employee. A juvenile in detention is
permitted to perform tasks, if the tasks teach the juvenile responsibility and
the juvenile is supervised. A juvenile shall be allowed to perform tasks
(chores) in any area (restricted to the facility) in which adequate security
exists. The facility administrator shall approve all work assignments.
(3)
Supervision.
Sufficient staff shall be available to provide continuous day and night
supervision of the residents and protection of the facility as well as to allow
staff relief from duty.
(4)
Auxiliary staff. There shall be sufficient auxiliary staff to
maintain adequate support services. Auxiliary staff are all staff that are not
direct-care staff.
(5)
Health
requirements. Staff health requirements are given in (A)-(B) of this
paragraph.
(A) Each person employed must be
physically fit and able to perform all job functions necessary to ensure the
health, safety and well-being of the juveniles in their care. A physical
examination by a licensed physician may be requested should the employee's
ability to perform their mandatory job functions be in question.
(B) Testing for tuberculosis is not required
on a routine basis. Tuberculin skin testing shall be required when there is a
local identified tuberculin exposure identified by the Oklahoma State
Department of Health.
(i) When a tuberculin
skin test is required, employees with a positive skin test reaction must submit
documentation by medical personnel that signs or symptoms of tuberculosis are
not present.
(ii) An employee who
has ever had a positive skin test reaction must have or provide documentation
of a chest x-ray. Additional tests or x-rays are not required unless symptoms
develop that are suggestive of tuberculosis.
(6)
Background history records
searches. OJA, through direct request, shall require a records search
for each applicant for employment, which shall include the following:
(A) OJA shall make a direct request for
background searches to be conducted on behalf of any:
(i) operator or responsible entity making a
request to establish or operate a secure detention center, municipal juvenile
facility, community intervention center or secure facility licensed or
certified by OJA,
(ii) employee or
applicant of a secure detention center, municipal juvenile facility, community
intervention center or secure facility licensed or certified by OJA,
or
(iii) persons allowed
unsupervised access to children, including contract employees or volunteers, of
a secure detention center, municipal juvenile facility, community intervention
center or secure facility licensed or certified by OJA;
(B) a national criminal history records
search based upon submission of fingerprints that shall be provided by the
Oklahoma State Bureau of Investigation (OSBI), including Rap Back notification,
and the Federal Bureau of Investigation (FBI), pursuant to National Child
Protection Act,
42
U.S.C. §
5119a, and 74 O.S. § 150.9, provided
both the OSBI and FBI act in their designated role;
(C) a search of the Oklahoma State Courts
Network (OSCN) including Oklahoma District Court Records (ODCR);
(D) a search of the Department of Human
Services (DHS) Child Care Restricted Registry, also known as Joshua's List;
(E) a search of the Department of
Corrections (DOC) Sex Offender Registry;
(F) a search of the DOC Violent Offender
Registry, also known as the Mary Rippy Violent Crime Offenders Registry;
(G) a search of all applicable
out-of-state child abuse and neglect registries if the applicant has not lived
continuously in Oklahoma for the past five (5) years;
(i) The prospective applicant is not approved
without the results of the out-of-state maintained child abuse and neglect
registry checks, when a registry is maintained in the applicable state;
(ii) When no child abuse and
neglect registry is maintained in the applicable state, the facility shall
request any information that can be provided; and
(H) a criminal history records search
conducted by an authorized source, when an applicant has lived outside the
United States within the last five (5) years.
(7)
Criminal history
investigation. The facility shall not employ or retain any person for
whom there is documented evidence that the employee would endanger the health,
safety, and/or well-being of juveniles.
(A) A
facility shall not employ or retain an individual who has been:
(i) convicted of or entered a plea of guilty
or nolo contendere to any felony involving:
(I) violence against a person;
(II) child abuse or neglect;
(III) possession, trafficking, manufacturing,
sale or distribution of illegal drugs, or conspiracy to traffic, manufacture,
sale, or distribute illegal drugs;
(IV) sexual misconduct;
(V) gross irresponsibility or disregard for
the safety of others;
(VI) any
crime against a child; or
(ii) in the case of child abuse and neglect,
identified as a perpetrator in a juvenile court proceeding and/or has made an
admission of guilt to a person authorized by state or federal laws or
regulations to investigate child abuse and neglect.
(B) As to a simple drug possession offender,
the facility may, at its own discretion, make exceptions to the prohibition of
employment if five (5) years have passed from completion of the applicant's
criminal sentence and the facility can document that the health, safety, and
well-being of juveniles would not be endangered.
(i) The facility shall consider, document,
and submit to the Licensing and Programs Assessment division within ten (10)
days of the employees first day of work the:
(I) type of crime or offense for which the
individual was convicted or a finding was made; and
(II) reference letters concerning the
individual in question.
(ii) The Licensing and Programs Assessment
division may make a recommendation to the facility administrator as to whether
the applicant for employment should be approved or disapproved.
(C) If there is an allegation that
a staff member has committed an act as described in OAC 377:3-13-43(a)(7)(A),
the facility shall determine and document whether the staff member shall be
removed from contact with juveniles until the allegation is resolved.
(D) If any person is formally
charged with any of the offenses described in OAC
377:3-13-43(a)(7)(A),notification must be made to the OJA Licensing and
Programs Assessment division, and the employee must be removed from contact
with juveniles until the charges are resolved.
(E) No employee of the facility shall use or
be under the influence of alcohol or illegal drugs during hours of work nor
shall any employee use or possess illegal drugs at any time.
(8)
Personnel
records. The facility shall keep on file a written personnel record
available for review for every staff person employed by the facility.
(A) The personnel record includes, but is not
limited to:
(i) an application, resume or
staff information sheet that documents qualifications for the position, valid
driver's license or other state ID, birth certificate, applicable educational
diploma;
(ii) health records as
required by the facility;
(iii)
three (3) written references and/or documentation of telephone interviews;
(iv) any reports and notes
relating to the individual's employment with the facility and an annual job
performance evaluations;
(v) dates
of employment; and
(vi) date and
reason for leaving employment.
(B) When employment is involuntarily
terminated, a statement regarding the reason for termination is to be included
in the personnel file.
(C)
Personnel records are maintained for at least three years following a staff
member's separation.
(D) All
employees' records are kept confidential subject to existing state and federal
statutes.
(E) Staff members shall
have access to their personnel files for reviewing purposes if a request is
made to the facility administrator.
(9)
Staff training. All staff
shall be trained on facility policy and procedure and a training record be
established for each staff member. A record of all annual training shall be
maintained. At the end of the year, it shall become part of the personnel
record.
(A) Each direct-care staff member
shall be provided orientation before being allowed to work independently.
(B) Auxiliary staff shall receive
orientation to the facility's policy and procedure and to their assigned
duties.
(C) During orientation the
trainer shall acquaint staff with the philosophy, organization, program
practice, and goals of the secure juvenile detention facility.
(D) "Requirements for Secure Juvenile
Detention Facilities" is reviewed as a part of the orientation process and is
available to staff at all times.
(E) Within ninety (90) days of employment, by
a detention facility, all direct-care staff shall have successfully completed a
specific course of instruction in first aid as established by the Red Cross,
ASHI, AHA, and presented by a certified instructor, or by a certified
instructor in an equivalent professionally recognized first aid training
program. There shall be a certificate or card issued to the employee and this
card must be signed by the certified instructor attesting to the employee's
successful completion of the professionally recognized first aid training
program. The Red Cross, ASHI, AHA, or its equivalent, first aid course of
instruction, presented by a certified instructor shall be updated within the
employee's third year of employment and each succeeding three-year increment.
The first aid training may count towards the employee's required annual
training hours.
(F) Within ninety
(90) days of employment by a detention facility, all direct-care staff shall be
certified in have successfully completed an approved course of instruction in
cardiopulmonary resuscitation (CPR) as established by the Red Cross, ASHI, AHA,
or its equivalent. This training must be presented by a certified instructor,
or by a certified instructor in an equivalent professionally recognized CPR
training program. There shall be a certificate or card issued to the employee
and this card must be signed by the certified instructor attesting to the
employee's successful completion of the professionally recognized CPR training
program. The Red Cross, ASHI, AHA, or its equivalent CPR course of instruction
shall be presented by a certified instructor. Employees will maintain their
certification, as required by the certifying entity. The CPR training may count
towards the employee's required annual training hours.
(G) Full-time direct-care staff and
administrators shall obtain at least 24 hours of training per employment year.
Hours are prorated at two hours per month for staff who have not been employed
for a full year.
(H) Part-time
direct-care staff shall have training hours prorated based on the average
number of hours of work per month.
(I) On-call staff shall have a minimum of six
(6) hours of training per year.
(J)
Support staff shall obtain a minimum of twelve (12) hours of training per
employment year.
(K) The content of
staff development courses for direct-care staff is relative to their roles and
responsibilities. Content may include:
(i)
crisis intervention;
(ii) child
development;
(iii) behavior
management;
(iv)
discipline;
(v) stress
management;
(vi) therapeutic
relationship and intervention;
(vii) child abuse detection, reporting and
prevention;
(viii) suicide
prevention;
(ix) human
sexuality;
(x) client grievance
procedures;
(xi) communicable
diseases, including sexually transmitted diseases; and
(xii) any other training deemed necessary to
meet individual or group training needs.
(L) Attendance at professional conferences,
workshops, seminars, formal education classes, or in-service training is
counted toward the training requirements provided the training is documented
and meets the content requirements.
(b)
Facility Administrator. The
duties and qualifications of the facility administrator are described in 1 - 2
of this subsection.
(1)
Responsibilities. The facility administrator is responsible for
implementing the policies adopted by the governing body, the ongoing operation
of the facility, and compliance with the Requirements for Secure Juvenile
Detention Facilities.
(A) In the facility
administrator's absence a person shall be designated to act as administrator
and shall be available to detention staff in person or by telephone.
(B) A designated person of responsibility
shall be at the secure juvenile detention facility at all times. The designated
person is directly responsible to the administrator who is to be notified of
any irregularities in the general affairs of detention and follow through with
directives given.
(C) The duties of
the facility administrator include, but are not limited to:
(i) preparing and presenting the budget for
the appropriate authority to review and approve;
(ii) administering the budget and maintaining
accurate financial records;
(iii)
employing and discharging staff according to the established personnel rules;
(iv) supervising the program
overall;
(v) holding staff meetings
on a monthly basis to discuss plans and interpret policies to the
staff;
(vi) organizing a program
for the continued training and development of staff;
(vii) establishing and maintaining working
relationships with other social services agencies within the community; and
(viii) interpreting the program to
professional and lay groups.
(2)
Qualifications.
(A) The education, experience, and
qualifications of the administrator of a large facility (20 beds or more) are
specified in writing by the governing body of the facility and includes, at a
minimum:
(i) bachelor's degree from an
accredited college/university in an appropriate discipline;
(ii) two (2) years of experience working with
juveniles; and
(iii) five (5) years
in staff supervision and administration.
(B) The education, experience, and
qualifications of the administrator of a small facility (less than 20 beds) are
specified in writing by the governing body of the facility and includes, at a
minimum:
(i) associate's degree from an
accredited junior college/college/university in an appropriate discipline (i.e.
social work, sociology, psychology, criminal justice, etc.); OR
(ii) sixty (60) hours of credits from an
accredited junior college/college/university of which fifteen (15) hours must
be in the appropriate discipline as indicated in (i); and
(iii) two (2) years in staff supervision; and
(iv) one (1) year of experience
working with juveniles.
(C) A facility administrator hired prior to
January 1, 2000 shall be exempt from the rules set forth in (A) of this
paragraph.
(3)
Location. All facilities administrators must maintain their
primary office at the detention facility.
(4) No individual(s) shall be allowed to
serve as the facility administrator, or their designee, with a
confirmed/substantiated finding of abuse or neglect by DHS or other entity
authorized by state, federal laws or regulations to investigate child abuse and
neglect.
(c)
Direct
care staff. The qualifications and hiring requirements for direct care
staff are described in (1) - (2) of this subsection.
(1)
Qualifications. All
direct-care staff shall be at least 21 years of age and possess a high school
diploma or its equivalent.
(2)
Hiring requirements. A direct-care staff person can be hired when
the person:
(A) has his or her character and
fitness attested to by three (3) satisfactory written references and a criminal
history background check is conducted as required and in conformance with
377:3-13-43(a)(6);
(B) is qualified
and capable of satisfactorily performing assigned job responsibilities;
and
(C) does not pose a known risk
to juveniles.
(d)
Support staff. Support staff
shall be able to read and write; demonstrate knowledge and skills necessary to
the job assignments; and meet the requirements for direct-care staff if
responsible for direct care of juveniles for any part of the day.
Added at 14 Ok Reg
1863, eff 6-2-97; Amended at 15 Ok Reg 2661, eff 7-1-98; Amended at 17 Ok Reg
3202, eff 7-18-00 (emergency); Amended at 18 Ok Reg 2625, eff 7-1-01; Amended
at 19 Ok Reg 2949, eff 7-3-01 through 7-14-02
(emergency)1; Amended at 22 Ok Reg 2064, eff 7-1-05;
Amended at 23 Ok Reg 2761, eff 7-1-06; Amended at 26 Ok Reg 2243, eff 7-1-09;
Amended at 27 Ok Reg 2182, eff 7-15-10
1This emergency action expired
without being superseded by a permanent action. Upon expiration of an emergency
amendatory action, the last prior permanent text is reinstated. Therefore, on
7-15-02 (after the 7-14-02 expiration of the emergency action), the text of
377:3-13-43 reverted back to the permanent text that became effective 7-1-01,
as last published in the 2001 Edition of the OAC, and remained as such until
amended again by permanent action on 7-1-05.