Okla. Admin. Code § 377:10-13-84

Current through Vol. 42, No. 4, November 1, 2024

Section 377:10-13-84 - Rule violation procedure

(a) The facility shall have written procedures for all disciplinary procedures. Procedures shall address informal resolution of minor misbehavior. Disciplinary reports of major rule violations by juveniles shall include the following information:

(1) specific rule violated;

(2) a formal statement of the charge;

(3) any unusual behavior;

(4) any witnesses;

(5) any physical evidence and its disposition;

(6) any immediate action taken, including the use of force; and

(7) reporting staff member's signature and date and time of report.

(b) Investigations shall begin within 24 hours of the major violation report and be completed without unreasonable delay.

(c) The juvenile charged shall be given a copy of the major violation report within 24 hours of the report.

(d) The juvenile charged shall receive notice of the hearing at least 24 hours before the hearing. Hearings should occur as soon as possible after the violation.

(e) Hearings shall be conducted by a person or panel of persons who shall be impartial and of high rank in the program. A record shall be made of the hearing and the findings.

(f) The juvenile charged shall be present at the hearing unless he waives that right in writing. The juvenile may be excluded during the testimony of any juvenile whose testimony must be given in confidence; the reasons for the juvenile's absence shall be documented.

(g) The juvenile shall have an opportunity to make a statement, present evidence, and request witnesses on his behalf; reasons for any denials of that opportunity shall be stated in writing.

(h) The juvenile may request any staff member to represent him or her at the hearing and to question relevant witnesses. The facility director shall appoint a staff representative when it is apparent that the juvenile is incapable of effectively collecting and presenting evidence on his own behalf.

(i) Disciplinary hearing decisions must be based solely on information obtained in the hearing process, including staff reports, the statements of the juvenile charged, and evidence derived from witnesses and documents.

(j) A written record shall be made of the decision and the supporting reasons and a copy shall be given to the juvenile. The hearing record and the supporting documents shall be kept in the juvenile's file and in the records of the disciplinary committee. If the juvenile is found not guilty of the violation, the disciplinary report shall be removed from his files.

(k) The facility director or designee shall review all disciplinary hearings and dispositions.

(l) The juvenile shall have the right to appeal decisions of the disciplinary committee to the facility program director or designee. The juvenile shall have up to 15 days of receipt of the decision to submit an appeal. The facility director or designee shall decide the appeal within 30 days of receipt and notify the juvenile promptly in writing of the results.

Okla. Admin. Code § 377:10-13-84

Added at 15 Ok Reg 771, eff 10-2-97 (emergency); Added at 15 Ok Reg 2682, eff 7-1-98