{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-3-103","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-3-103","heading":"Temporary detention - Transportation - Certification","body":"of juvenile detention facilities.\n\nA. Provision shall be made for the temporary detention of\n\nchildren in a juvenile detention facility or the court may arrange\n\nfor the care and custody of such children temporarily in private\n\nhomes, subject to the supervision of the court, or the court may\n\nprovide shelter or may enter into a contract with any institution or\n\nagency to receive, for temporary care and custody, children within\n\nthe jurisdiction of the court. The Office of Juvenile Affairs shall\n\nnot be ordered to provide detention unless said Office has\n\ndesignated and is operating detention services or facilities.\n\nB. County sheriffs of the arresting agency, their designee, any\n\npeace officer, private contractors under contract with the Office of\n\nJuvenile Affairs for transportation services, or juvenile court\n\nofficers shall provide for the transportation of juveniles to and\n\nfrom secure detention for purposes of admission, interfacility\n\ntransfer, discharge, medical or dental attention, court appearance,\n\nor placement designated by the Office. No private contract for\n\ntransportation services shall be entered into by the Office unless\n\nthe private contractor demonstrates to the satisfaction of the\n\nOffice that such contractor is able to obtain insurance or provide\n\nself-insurance to indemnify the Office against possible lawsuits and\n\nmeets the requirements of subparagraphs a, b and d of paragraph 4 of\n\nsubsection C of this section. The Office of Juvenile Affairs shall\n\nnot be ordered to provide transportation for a juvenile who is\n\ndetained in or is destined for secure detention. The Office of\n\nJuvenile Affairs shall provide reimbursement to the entity\n\ntransporting juveniles for necessary and actual expenses for\n\ntransporting juveniles who are detained in or destined for a secure\n\ndetention center as follows:\n\n1. A fee for the cost of personal services at the rate of\n\nSeventeen Dollars ($17.00) per hour;\n\n2. Mileage reimbursement for each mile actually traveled at the\n\nrate established in the State Travel Reimbursement Act;\n\n3. Meals for transporting personnel, not to exceed Ten Dollars\n\n($10.00) per meal; and\n\n4. Meals for juveniles being transported, not to exceed Ten\n\nDollars ($10.00) per meal.\n\nThe Office of Juvenile Affairs shall process and mail\n\nreimbursement claims within sixty (60) days of receipt. Payments\n\nfor services provided by a county sheriff's office shall be paid to\n\nthe county and deposited in the service fee account of the sheriff.\n\nC. 1. All juvenile detention facilities shall be certified by\n\nthe Office of Juvenile Affairs. To be certified, a juvenile\n\ndetention facility shall be required to meet standards for\n\ncertification promulgated by the Board of Juvenile Affairs.\n\n2. The board of county commissioners of every county shall\n\nprovide for the temporary detention of a child who is or who may be\n\nsubject to secure detention and may construct a building or rent\n\nspace for such purpose. The boards of county commissioners shall\n\nprovide for temporary detention services and facilities in\n\naccordance with the provisions of the State Plan for the\n\nEstablishment of Juvenile Detention Services adopted pursuant to\n\nsubsection D of this section and in accordance with subsections A\n\nand C of Section 2-7-608 of this title. The boards of county\n\ncommissioners are hereby authorized to create multicounty trust\n\nauthorities for the purpose of operating juvenile detention\n\nfacilities.\n\n3. In order to operate the juvenile detention facilities\n\ndesignated in the State Plan for the Establishment of Juvenile\n\nDetention Services and in subsections A and C of Section 2-7-608 of\n\nthis title, the boards of county commissioners in the designated\n\nhost counties shall:\n\na. operate the juvenile detention facility through a\n\nstatutorily constituted juvenile bureau subject to the\n\nsupervision of the district court, or\njuvenile detention facilities\n\ndesignated in the State Plan for the Establishment of Juvenile\n\nDetention Services and in subsections A and C of Section 2-7-608 of\n\nthis title, the boards of county commissioners in the designated\n\nhost counties shall:\n\na. operate the juvenile detention facility through a\n\nstatutorily constituted juvenile bureau subject to the\n\nsupervision of the district court, or\n\nb. operate the juvenile detention facility by employing a\n\nmanager who may employ personnel and incur other\n\nexpenses as may be necessary for its operation and\n\nmaintenance, or\n\nc. contract with a public agency, private agency,\n\nfederally recognized tribe, or single or multi-county\n\ntrust authority for the operation of the juvenile\n\ndetention facility. In the event any board of county\n\ncommissioners contracts with a public or private\n\nagency or a federally recognized tribe, pursuant to\n\nthe provisions of this section, the Office is\n\nauthorized to directly contract with and pay such\n\npublic or private agency or federally recognized tribe\n\nfor provision of detention services. Any contract\n\nwith a federally recognized tribe shall become\n\neffective upon approval by the board of county\n\ncommissioners.\n\n4. Management contracts for privately operated detention\n\nfacilities shall be negotiated with the firm found most qualified by\n\nthe board of county commissioners. However, no private management\n\ncontract shall be entered into by the board unless the private\n\ncontractor demonstrates to the satisfaction of the board:\n\na. that the contractor has the qualifications,\n\nexperience, and personnel necessary to implement the\n\nterms of the contract,\n\nb. that the financial condition of the contractor is such\n\nthat the term of the contract can be fulfilled,\n\nc. that the ability of the contractor to obtain insurance\n\nor provide self-insurance to indemnify the county\n\nagainst possible lawsuits and to compensate the county\n\nfor any property damage or expenses incurred due to\n\nthe private operation of the juvenile detention\n\nfacility, and\n\nd. that the contractor has the ability to comply with\n\napplicable court orders and rules of the Office of\n\nJuvenile Affairs.\n\n5. All counties to be served by a secure juvenile detention\n\nfacility may, upon the opening of such facility, contract with the\n\noperators for the use of the facility for the temporary detention of\n\nchildren who are subject to secure detention; provided, however, a\n\njail, adult lockup, or other adult detention facility may be used\n\nfor the secure detention of a child as provided for in Section 2-3-\n\n101 of this title.\n\n6. Expenses incurred in carrying out the provisions of this\n\nsection shall be paid from the general fund of the county or from\n\nother public funds lawfully appropriated for such purposes or from\n\nprivate funds that are available for such purposes. A county may\n\nalso issue bonds for the construction of detention facilities.\n\n7. The operation of a juvenile detention facility by a county\n\nshall constitute a quasi-judicial function and is also hereby\n\ndeclared to be a function of the State of Oklahoma for purposes of\n\nthe Eleventh Amendment to the United States Constitution. In\n\naddition, no contract authorized by the provisions of this section\n\nfor the providing of transportation services or for the operation of\n\na juvenile detention facility shall be awarded until the contractor\n\ndemonstrates to the satisfaction of the county that the contractor\n\nhas obtained liability insurance with the limits specified by The\n\nGovernmental Tort Claims Act against lawsuits arising from the\n\noperation of the juvenile detention facility by the contractor, or\n\nif the contract is for the providing of transportation services, the\n\ncontractor has obtained liability insurance with the limits\n\nspecified by The Governmental Tort Claims Act against lawsuits\n\narising from the transportation of juveniles as authorized by\nied by The\n\nGovernmental Tort Claims Act against lawsuits arising from the\n\noperation of the juvenile detention facility by the contractor, or\n\nif the contract is for the providing of transportation services, the\n\ncontractor has obtained liability insurance with the limits\n\nspecified by The Governmental Tort Claims Act against lawsuits\n\narising from the transportation of juveniles as authorized by\n\nsubsection A of this section.\n\nD. The Board of Juvenile Affairs, from monies appropriated for\n\nthat purpose, shall develop, adopt, and implement a plan for secure\n\njuvenile detention services and alternatives to secure detention, to\n\nbe known as the State Plan for the Establishment of Juvenile\n\nDetention Services, which shall provide for the establishment of\n\njuvenile detention facilities and services with due regard for\n\nappropriate geographical distribution and existing juvenile\n\ndetention programs operated by statutorily constituted juvenile\n\nbureaus. Said plan may be amended or modified by the Board as\n\nnecessary and appropriate. Until said plan is adopted by the Board,\n\nthe plan adopted by the Commission for Human Services shall remain\n\nin effect.\n\n1. The Board of Juvenile Affairs shall establish procedures for\n\nthe letting of contracts or grants, including grants to existing\n\njuvenile detention programs operated by statutorily constituted\n\njuvenile bureaus, and the conditions and requirements for the\n\nreceipt of said grants or contracts for juvenile detention services\n\nand facilities as provided in this section and Section 2-7-401 of\n\nthis title. A copy of such procedures shall be made available to\n\nany member of the general public upon request. All such grants or\n\ncontracts shall require the participation of local resources in the\n\nfunding of juvenile detention facilities. A contract for services\n\nshall be based upon a formula approved by the Board which shall set\n\nthe contract amount in accordance with the services offered and the\n\ndegree of compliance with standards for certification.\n\n2. The Board of Juvenile Affairs shall establish standards for\n\nthe certification of detention services and juvenile detention\n\nfacilities. Such standards may include, but not be limited to:\n\nscreening for detention; education and recreation opportunities for\n\njuveniles in secure detention; and accreditation by the American\n\nCorrectional Association. As a condition of continuing eligibility\n\nfor grants or contracts, secure juvenile detention services and\n\nfacilities shall be certified by the Board within two (2) years of\n\nthe date of the initial grant or contract.\n\nE. The State Department of Health, with the assistance of the\n\nOffice of Juvenile Affairs, shall establish standards for the\n\ncertification of jails, adult lockups, and adult detention\n\nfacilities used to detain juveniles. Such standards shall include\n\nbut not be limited to: separation of juveniles from adults;\n\nsupervision of juveniles; and health and safety measures for\n\njuveniles. The Department of Health is authorized to inspect any\n\njail, adult lockup, or adult detention facility for the purpose of\n\ndetermining compliance with such standards. No jail, adult lockup,\n\nor other adult detention facility shall be used to detain juveniles\n\nunless such jail, adult lockup, or other adult detention facility\n\ncomplies with the standards established by the Department of Health\n\nand is designated as a place for the detention of juveniles by the\n\njudge having juvenile docket responsibility in the county from a\n\nlist of eligible facilities supplied by the Department of Health.\n\nThe development and approval of the standards provided for in\n\nthis paragraph shall comply with the provisions of the\n\nAdministrative Procedures Act.\n\nF. The State Board of Health shall promulgate rules providing\n\nfor the routine recording and reporting of the use of any adult\nible facilities supplied by the Department of Health.\n\nThe development and approval of the standards provided for in\n\nthis paragraph shall comply with the provisions of the\n\nAdministrative Procedures Act.\n\nF. The State Board of Health shall promulgate rules providing\n\nfor the routine recording and reporting of the use of any adult\n\njail, lockup or other adult facility for the detention of any person\n\nunder the age of eighteen (18).\n\n1. For the purpose of ensuring the uniformity and compatibility\n\nof information related to the detention of persons under age\n\neighteen (18), said rules shall be reviewed and approved by the\n\nOklahoma Commission on Children and Youth prior to their adoption by\n\nthe Board; and\n\n2. Records of detention shall be reviewed during each routine\n\ninspection of adult jails, lockups or other adult detention\n\nfacilities inspected by the State Department of Health and a\n\nstatistical report of said detentions shall be submitted to the\n\nOffice of Juvenile Affairs at least every six (6) months in a form\n\napproved by the Board of Juvenile Affairs.","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":"5b3e73197dee0218b0adb0a0d61435d657765438ff0c64a10c49e8c66f7a5a79","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-3-102","next":"us-ok/okla.-stat.-tit.-10a-10a-2-3-104"},"notice":"GroundRules: Original legal text. Not legal advice."}