{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-7-105","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-7-105","heading":"Rules, policies and procedures regarding children in","body":"Department custody.\n\nA. The Department of Human Services shall promulgate written\n\nrules, policies, and procedures governing the operation of those\n\nresidential care facilities, including group homes, operated by or\n\nunder contract with the Department wherein a child may be placed,\n\nrequiring assurance that at least one employee of the facility is\n\ndesignated and authorized to apply the reasonable and prudent parent\n\nstandard to decisions involving the participation of a child in age-\n\nappropriate or developmentally appropriate activities. The\n\nauthorized employee shall be provided with training on how to use\n\nand apply the reasonable and prudent parent standard.\n\nB. The policies prescribed shall, at a minimum, ensure that:\n\n1. A child shall not be punished by physical force, deprivation\n\nof nutritious meals or family visits, or solitary confinement;\n\n2. A child shall have the opportunity to participate in\n\nphysical exercise each day;\n\n3. A child shall be allowed daily access to showers;\n\n4. A child shall be allowed his or her own clothing or\n\nindividualized clothing which is clean;\n\n5. A child shall have constant access to writing materials and\n\nmay send mail without limitation, censorship, or prior reading, and\n\nmay receive mail without prior reading, except that mail may be\n\nopened in the presence of the child, without being read, to inspect\n\nfor contraband or if authorized by the court for the protection of\n\nthe child;\n\n6. A child shall have a right to communicate and to visit with\n\nhis or her family on a regular basis, and to communicate with\n\npersons in the community provided the communication or visitation is\n\nin the best interests of the child;\n\n7. A child shall have timely access to medical care as needed;\n\n8. A child in the custody or care of the Department shall be\n\nprovided access to an education including teaching, educational\n\nmaterials, and books;\n\n9. A child shall have a right to access to the child's\n\nattorney;\n\n10. A child shall be afforded a grievance procedure, including\n\nan appeal procedure;\n\n11. The behavioral health needs of the child shall be met,\n\nprotected, and served through provision of guidance, counseling, and\n\ntreatment programs, staffed by competent, professionally qualified\n\npersons;\n\n12. The emotional and developmental growth of the child shall\n\nbe encouraged by allowing the child to participate in age-\n\nappropriate and developmentally appropriate extracurricular,\n\nenrichment, cultural, and social activities, using a reasonable and\n\nprudent parent standard; and\n\n13. Use of physical force, when authorized, shall be the least\n\nforce necessary under the circumstances and shall be permitted only\n\nunder the following circumstances:\n\na. for self-protection,\n\nb. to separate children who are fighting,\n\nc. to restrain children in danger of inflicting harm to\n\nthemselves or others, or\n\nd. to deter children who are in the process of leaving\n\nthe facility without authorization.\n\nC. Any contract or agreement entered into by the Department for\n\nthe residential care and treatment of children in the custody of the\n\nDepartment shall provide that a failure to comply with the\n\nprovisions of this section may result in a termination or\n\ncancellation of the contract or other appropriate sanction.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ff33175d33bd2d1f4ecd28aae6f776c69066493435643d4cce63baeaf0bfcf13","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-7-104","next":"us-ok/okla.-stat.-tit.-10a-10a-1-7-106"},"notice":"GroundRules: Original legal text. Not legal advice."}