Okla. Admin. Code § 377:3-13-123 - Provisional certification
(a)
Secure facilities certified by the Department of Human Services as residential
childcare facilities prior to November 1, 2009, shall receive provisional
certification to operate as a secure juvenile facility for 180 days. Prior to
the conclusion of the 180 days, the Office of Juvenile Affairs shall evaluate
of the facility to ensure that the facility meets the certification standards
promulgated by the Board of Juvenile Affairs for secure juvenile
facilities.
(b) The Office of
Juvenile Affairs shall initially evaluate any newly established secure juvenile
facility to ensure compliance with standards relating to staffing and the
physical plant. A determination that the facility meets the standards shall
result in the issuance of a provisional certification for 180 days and
authorization for the placement of juveniles into the facility. Prior to the
conclusion of the 180 days, the Office of Juvenile Affairs shall evaluate the
facility to ensure that it meets all certification standards promulgated by the
Board of Juvenile Affairs for secure juvenile facilities.
(c)
Denial or revocation of
certification. When the operator of a secure juvenile facility is unable
or unwilling to comply with standards promulgated by the Office of Juvenile
Affairs' Board or has failed to adequately protect the health, safety and
welfare of the juveniles in its facility, OJA may deny or revoke the facility's
certification. OJA shall furnish thirty (30) calendar days written notice of
the decision to deny or revoke certification and the grounds for such action.
The facility operator shall have thirty (30) calendar days from receipt of the
OJA notice of denial or revocation to protest the action in writing to the OJA
Executive Director. An administrative hearing shall be convened where the
facility operator will be given the opportunity to present testimony and
witnesses. If the result of the hearing is to uphold the OJA action of denial
or revocation, the facility operator may appeal to the district court pursuant
to 12 O.S. §
951.
In the event there is not an appeal, the secure juvenile facility shall cease
operation on the effective date of the denial or revocation action.
Notes
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