Oklahoma Administrative Code
Title 377 - Office of Juvenile Affairs
Chapter 5 - institutional placement
Subchapter 5 - HEARINGS
Section 377:5-5-4 - Administrative Transfer Hearing

Universal Citation: OK Admin Code 377:5-5-4

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

(a) An Administrative Transfer Hearing is an administrative process by which the Parole Board may terminate the Supervised Community Placement (SCP) status of a juvenile. The juvenile may be placed in an institutional setting. The Parole Board shall base a decision to revoke SCP on the seriousness of the offense and the overall adjustment of the juvenile.

(b) General provisions. (Pre-administrative Conference)

(1) Supervised Community Placement. When alleged SCP violations occur, the JSU worker and supervisor shall consider specific factors when deciding whether to request an Administrative Transfer Hearing. Factors include the:
(A) seriousness of the juvenile's offense;

(B) overall adjustment of the juvenile; and

(C) demonstrated lack of amenability to treatment.

(2) Pre-Administrative Transfer Hearing conference. The first step toward a transfer hearing is the pre-administrative transfer hearing conference. The District Supervisor or designee shall meet with the juvenile, the parent, guardian, legal custodian, placement provider (if applicable), and the JSU worker to:
(A) advise the juvenile and the parent, guardian or legal custodian of their constitutional and legal rights as documented;

(B) discuss the alleged violations of the SCP rules;

(C) document the alleged SCP violations on the Application for Administrative Transfer; and

(D) distribute copies to the juvenile, the parent, guardian, legal custodian and/or placement provider.

(c) Result of Pre-Administrative Transfer Hearing Conference. The juvenile may choose to have a hearing before a Hearing Officer or waive the hearing by signing a Waiver of Administrative Transfer Hearing. If the juvenile decides to waive an Administrative Transfer Hearing, the JSU worker shall file the waiver with the Parole Administrator.

(d) Administrative Transfer Hearing. If the decision is to have a hearing, the JSU worker shall file the application for Administrative Transfer Hearing with the Parole Administrator and request that a hearing date be scheduled. The hearing shall be held in the county where the alleged violation occurred [10A O.S., § 2-7-601(B)2].

(e) Due process. Administrative Transfer hearings are held in accordance with 10A O.S., § 2-7-601(B), and OJA rules set forth in this section.

(f) Waiver of an Administrative Transfer Hearing. The juvenile may waive an Administrative Transfer hearing anytime prior to the presentation of evidence by completing and presenting a waiver to the Hearing Officer or other representative of OJA.

(g) Conduct of the hearing.

(1) After receiving an application for an administrative transfer hearing, the Parole Administrator shall designate a Hearing Officer to preside over an administrative transfer hearing.

(2) As provided in 10A O.S., § 2-7-601(B)(3), if legal counsel for the juvenile has not otherwise been obtained, the JSU worker shall file an application for an Order Appointing Counsel with the District Court wherein the alleged violations occurred.

(3) Upon the JSU worker's filing an application, the Parole Administrator, in cooperation with the Hearing Officer shall schedule an Administrative Transfer Hearing within a reasonable period of time.

(4) Notice of the hearing, including the date, time, and place of the hearing, and a copy of the Application for Administrative Transfer Hearing shall be mailed by the Parole Administrator to the juvenile, the parent, guardian or legal custodian, the judge in the county wherein the alleged violations occurred, and the juvenile's legal counsel, if one has been retained or appointed.

(5) The hearing shall be conducted in accordance with 377:5-5-5.

Added at 22 Ok Reg 2071, eff 7-1-05 ; Amended at 26 Ok Reg 2246, eff 7-1-09 ; Amended at 28 Ok Reg 1990, eff 7-15-11 ; Amended at 30 Ok Reg 705, eff 6-1-13

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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