(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 Sections 7004-3.2 and 7004-3.3 of Title 10 of the Oklahoma Statutes.
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(1) A child:
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(A) is not punished by:
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(i) physical force;
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(ii) deprivation of nutritious meals;
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(iii) deprivation of family visits; or
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(iv) solitary confinement;
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(B) has the opportunity to participate in physical exercise daily;
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(C) is allowed daily access to showers and his or her own clothing or individualized clothing that is clean;
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(D) has constant access to writing material and is allowed to send mail without limitation, censorship, or prior reading;
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(E) is allowed to receive mail without prior reading, except that mail may be opened in the presence of the child, without being read, to inspect for contraband;
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(F) has reasonable opportunity to communicate and to visit with his or her family on a regular basis and to communicate with persons in the community;
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(G) has immediate access to medical care as needed and receives necessary psychological and psychiatric services;
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(H) is provided access to educational programs, including teaching, educational materials, and books that emphasize reading, writing, mathematics, science, vocational-technical education, and other sources of instruction;
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(I) has reasonable access to an attorney upon request in addition to the mandated contact, per
OAC 340:75-6-48.1; and
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(J) has access to grievance procedures per
OAC 340:2-3-45 through 340:2-3-49.
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(2) A child's mental health needs and mental well-being are met, protected, and served through the provision of guidance, counseling, and treatment programs staffed by competent, professionally qualified persons, serving under the supervision of a licensed mental health professional.
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(3) The use of mechanical restraints and medication for behavior management are prohibited in OKDHS operated and contracted programs. The use of physical force is permitted when it is necessary for the protection of the child or others consistent with an approved passive physical restraint curriculum. The passive physical restraint curriculum includes:
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(A) graded alternatives using a combination of psychological and physical techniques with emphasis toward:
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(i) the reduction of injury;
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(ii) de-escalation of the situation; and
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(iii) elimination of abuse to persons with acting out behavior; and
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(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.
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(4) 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.