Current through Vol. 41, No. 13, March 15, 2024
(a)
Community
Intervention Center (CIC) program director.
(1)
Qualifications. The
qualifications (including education and experience), authority, and
responsibilities of the program director shall be specified in writing by the
CIC's governing body, and include:
(A) a
bachelor's degree; and
(B) one year
of experience working with juveniles or working in the juvenile justice
system.
(b)
Direct-care staff qualifications. All direct care staff shall be
at least 21 years of age and possess a high school diploma or its
equivalent.
(c)
Background
history records searches. The Office of Juvenile Affairs, through direct
request, shall require a records search for each applicant for employment,
which shall include the following:
(1) a
national criminal history records search based upon submission of fingerprints
that shall be provided by the Oklahoma State Bureau of Investigation (OSBI),
including the Rap Back notification, and the Federal Bureau of Investigation
(FBI) National Child Protection Act, 42 U.S.C.A. § 5119a, and 74 O.S. § 150.9,
provided both the OSBI and FBI act in their designated role;
(2) a search of the Oklahoma State Courts
Network (OSCN) including Oklahoma District Court Records (ODCR);
(3) a search of the Department of Human
Services (DHS) Child Care Restricted Registry, also known as Joshua's
List;
(4) a search of the
Department of Corrections (DOC) Sex Offender Registry;
(5) a search of the Department of Corrections
(DOC) Violent Offender Registry, also known as the Mary Rippy Violent Crime
Offenders Registry;
(6) 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;
(A) 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;
(B) When no child abuse and
neglect registry is maintained in the applicable state, the facility shall
request any information that can be provided; and
(7) 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.
(8) the Office of Juvenile Affairs shall make
a direct request for background searches to be conducted on behalf of any:
(A) 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 the Office of Juvenile Affairs,
(B) employee or applicant of a secure
detention center, municipal juvenile facility, community intervention center or
secure facility licensed or certified by the Office of Juvenile Affairs,
or
(C) 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 the Office of Juvenile
Affairs.
(d)
Criminal history investigation. An employee's criminal history
investigation record must be kept in a secure location, separate from his or
her personnel file.
(1) A facility shall not
employ or retain an individual who has been convicted of or entered a plea of
guilty or nolo contendere to any felony involving:
(A) violence against a person;
(B) child abuse or neglect;
(C) possession, trafficking, manufacturing,
sale or distribution of illegal drugs, or conspiracy to traffic, manufacture,
sale, or distribute illegal drugs;
(D) sexual misconduct; or
(E) gross irresponsibility or disregard for
the safety of others;
(F) any crime
against a child; or
(G) 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.
(2) No employee
of the CIC shall use or be under the influence of alcohol or illegal drugs
during the hours of work nor shall any employee use or possess illegal drugs at
any time.
(3) As to a simple drug
possession offender, the facility may, at its own discretion, make exceptions
to the prohibition of employment if five 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.
(A) The facility shall consider, document,
and submit to the Office of Public Integrity within 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.
(B) The Office of Public Integrity may make a
recommendation to the facility administrator as to whether the applicant for
employment should be approved or disapproved.
(4) If any person is formally charged with
any of the offenses described in OAC 377:3-13-88(d)(1), he or she must be
removed from contact with juveniles until the charges are resolved.
(5) If there is an allegation that a staff
member has committed an act as described in OAC 377:3-13-88(d)(1), the facility
shall determine and document whether the staff member shall be removed from
contact with juveniles until the allegation is resolved.
(e)
Health requirements. An
employee's health record must be kept in a secure location, separate from his
or her personnel file.
(1) Each employee must
have a pre-employment physical conducted by a licensed physician.
(2) 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.
(A) 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.
(B) 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.
(f)
Personnel records. Every
staff person employed by the CIC shall have a written personnel record, which
complies with personnel policies of the municipality or service provider. The
CIC shall have written personnel policies. The program director shall make
personnel policies, which include written job descriptions, available to all
employees. Either the policy or job description specifies the person to whom
the employee is responsible and the duties the employee is expected to perform.
(1) Each personnel record must include:
(A) an application, resume, or staff
information sheet that documents qualifications for the position;
(B) three reference letters, or if the
reference was interviewed by phone, documentation of telephone interview must
contain the:
(i) content of the interview;
(ii) date and time of the
interview; and
(iii) name of
employee conducting the telephone inter-view;
(C) documentation that the staff member was
provided a copy of personnel policies, including his or her job
description.
(D) written
disciplinary action forms and job performance evaluations;
(E) dates of employment; and
(F) date and reason for employment separation
or termination.
(2)
Personnel records shall be maintained for at least three (3) years following an
employee's separation.
(3) All
employee records shall be confidential subject to existing federal and state
statutes.
(4) All employees shall
have access to their personnel files for reviewing purposes upon request to the
program director and according to agency policy.
(g)
Staff orientation.
(1) Each direct-care staff shall be provided
orientation before being allowed to work independently In addition to a review
of the certification standards and on-the-job training with an experienced
staff member, the orientation must include a review of the CIC's:
(A) policies and procedures;
(B) philosophy and goals;
(C) organization;
(D) behavior management/crisis intervention
training; and
(E) job expectations
for the individual employee.
(2) Within 90 days of employment, each
direct-care staff shall successfully complete first aid training. The training
must be conducted by a certified instructor from the American Red Cross or its
equivalent. The employee must be recertified in first aid every three years.
First aid training may be counted as training hours. At least one staff person
trained and certified in first aid shall be present in the CIC at all
times.
(3) Within 90 days of
employment, each direct-care staff shall be certified in cardiopulmonary
resuscitation (CPR). The employee shall be recertified annually. CPR
certification and recertification may be counted as training hours. At least
one staff person trained and certified in CPR shall be present at all
times.
(4) Within six (6) months of
employment, each direct-care staff shall complete a certified class on behavior
management; e.g., MAB, MANDT, CLEET, etc.
(5) The CIC must maintain written
documentation of each area in which the employee received
orientation.
(h)
Staff training.
(1) All
direct-care staff and program administrators shall obtain at least 24 clock
hours of training per employment year. Hours are prorated for staff who have
not been employed for a full year or are part-time employees.
(2) Professional conferences, workshops,
seminars, formal education classes, or in-service training are considered
training.
(3) Documentation of the
employee's training shall be maintained in the employee's file.
Added at 17 Ok Reg
605, eff 12-16-99 through 7-14-00 (emergency)1;
Added at 18 Ok Reg 2154, eff 7-1-01; Amended at 19 Ok Reg 2949, eff 7-3-01
through 7-14-02 (emergency)2; Amended at 23 Ok Reg
2764, eff 7-1-06; Amended at 28 Ok Reg 1981, eff
7-15-11
1This emergency action expired without being superseded
by a permanent action. Upon expiration of an emergency action enacting a new
Section, the Section is no longer effective. Therefore, on 7-15-00 (after the
7-14-00 expiration of the emergency action), Section 377:3-13-88 was no longer
effective, and remained as such until it was added by permanent action on
7-1-01.
2This 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 377:3-13-88 reverted
back to the permanent text that became effective 7-1-01, as was last published
in the 2001 Edition of the OAC, and remained as such until amended by permanent
action on 7-1-06.
