(a) All community-based residential care (CBRC) programs, whether operated by Oklahoma Department of Human Services (OKDHS) or under contract with OKDHS, must comply with Section 1-7-105 of Title 10A of the Oklahoma Statutes.

• (1) A child:
  • (A) is not punished by:
    • (i) physical force;
    • (ii) deprivation of nutritious meals;
    • (iii) deprivation of family visits; or
    • (iv) solitary confinement;
  • (B) has the opportunity to participate in physical exercise daily;
  • (C) is allowed his or her own clothing or individualized clothing that is clean per OAC 340:110-3-154.1;
  • (D) has constant access to writing material and may send mail without limitation, censorship, or prior reading;
  • (E) may receive mail without prior reading, except that mail may be opened in the presence of the child, without being read, to inspect for contraband or if authorized by the court for the protection of the child;
  • (F) has a right to communicate and to visit with his or her family on a regular basis and to communicate with persons in the community provided the communication or visitation is in the best interest of the child;
  • (G) has timely access to medical care as needed;
  • (H) is provided access to educational programs, including teaching, educational materials, and books;
  • (I) has a right to access to his or her attorney; and
  • (J) has access to grievance and appeal procedures, per OAC 340:2-3-45 through 340:2-3-49.
• (2) A child's behavioral health needs are met, protected, and served through the provision of guidance, counseling, and treatment programs staffed by competent, professionally qualified persons.
• (3) The use of mechanical restraints and medication for behavior management are prohibited in OKDHS operated and contracted programs.  The use of physical force, when authorized, is the least force necessary under the circumstances and is permitted only with an approved passive physical restraint curriculum:
  • (A) for self-protection;
  • (B) to separate children who are fighting;
  • (C) to restrain children in danger of inflicting harm to themselves or others; or
  • (D) to deter children who are in the process of leaving the facility without authorization.
• (4) The passive physical restraint curriculum includes:
  • (A) graded alternatives using a combination of psychological and physical techniques with emphasis toward:
    • (i) the reduction of injury;
    • (ii) de-escalation of the situation; and
    • (iii) elimination of abuse to persons with acting out behavior; and
  • (B) physical contact aspects utilized only when the child's behavior poses an immediate danger or threat of danger to self or others and other methods have been exhausted.
• (5) CBRC placements providing care and treatment for children in OKDHS custody are not locked for the purpose of deprivation of liberty or for disciplinary purposes.  CBRC placements may be locked for the purpose of security from external forces.

(b) The child's visitation with family is not contingent upon the child's behavior and family visitation is not denied as a consequence for acting out behavior.

(c) Denial of visitation, mail, or phone contact with family members occurs only by order of the court, when it is determined visitation, mail, or phone contact with a specifically identified family member is not in the child's best interests, per OAC 340:75-6-30.