(a) The facility strictly prohibits all forms of corporal punishment, abuse, neglect, or other mistreatment of residents as required by state law and the Department's policy. The facility agrees to comply with the terms of the Department's policy on mistreatment investigations found at OAC 340:2-3-32 through 340:2-3-37, and immediately reports as provided in policy any abuse, neglect, or mistreatment of a resident to the Office of Client Advocacy.
(b) The facility agrees to cooperate in any investigation made pursuant to a report of abuse, neglect, or mistreatment, and makes available to the investigator all records pertaining to an incident of abuse, neglect, or mistreatment, including personnel records if needed.
(c) The facility operates a system for the resolution of grievances by residents regarding the application of any written or unwritten policy or rule of the facility, or any decision, behavior, or action by the facility, its agents, or employees. The grievance system used by the facility complies with the Department's grievance policy for private and public agencies found at OAC 340:2-3-45 through 340:2-3-47 and 340:2-3-49, and is approved by the Office of Client Advocacy. The facility submits to the Office of Client Advocacy, on a monthly basis, a copy of any grievance filed during that month by residents who are in the custody of the Department.
(d) Residents are not subjected to unreasonable silence rules, group punishment for inappropriate individual acts, profanity, verbal abuse, or threats of unnecessary or unauthorized physical force by staff, or "make work"; provided that nothing herein prevents children from performing routine housekeeping tasks, or maintenance work directly related to a vocational program, such as specific skill training. Maintenance work directly related to a vocational program must be part of a resident's individualized treatment plan, be performed voluntarily, must monetarily compensate the resident at a percentage of the minimum hourly wage that is equal to the amount of work completed as a percentage of the total work that would normally be completed by a skilled adult, and the work conditions must comply with applicable law and regulations.
(e) The facility provides, whether on or off campus, education and training for each resident that conforms with the course of instruction approved by the State Board of Education, as provided by 70 O.S. § 11-103. The facility assures that educational opportunities are available that will satisfy each resident's special educational requirements, in accord with 70 O.S. § 13-101 et seq., and all applicable federal laws. Services are provided or arranged for by the facility for those residents who are deemed by the facility, the school system, or the Department in need of services.
(f) The religious preferences of residents are respected and each resident has reasonable opportunity to practice the religion of his or her choice.
(g) The facility allows residents visitation with parents, other family members, and legal guardians, unless otherwise ordered by a court of jurisdiction. In emergency situations, based upon demonstrable evidence, the resident's physician may disapprove visitation by specific family members and legal guardians. The facility involves the child's Child Welfare (CW) worker in the decision to disapprove visitation and in determining the need for subsequent denials. Disapproval of visitation is not extended beyond the next court review of the resident's case without a court order. In every instance of disapproved visitation, the facility fully documents the reasons for disapproval and promptly notifies and informs the resident's CW worker of the reasons. The facility maintains a written schedule of reasonable visiting days and hours, a copy of which is provided to each resident's parent or legal guardian. The visitation schedule accommodates the special needs of working family members. Attorneys are permitted to visit privately with residents during business hours and at all other reasonable times by arrangement with facility administration. The facility may ask attorneys to verify the existence of an attorney-client relationship, or the request for attorney visitation may be orally confirmed by the resident. In no case is attorney visitation denied when the visitation has been requested by the resident. Residents are permitted reasonable access to an unmonitored telephone to make or receive calls from attorneys and family members who have not been denied visitation by the court or the resident's physician.
(h) The facility allows residents to send and receive written correspondence. The facility assures the delivery of incoming mail and posting of outgoing mail within 24 hours, excluding weekends and holidays. Unless permission is given by the resident, on a case-by-case basis, written correspondence is not read or censored, but may be inspected for contraband. When mail is opened for inspection of contraband, it is done by the resident in the presence of facility staff. Correspondence may be denied, based upon demonstrable evidence by the resident's physician in specific instances where it is clearly documented that the correspondence is from someone whose continued relationship poses, or may pose, a decided detriment to the resident's care and treatment. In each case involving the denial of written correspondence, the facility physician fully documents reasons, promptly notifies and informs resident's CW worker of the reasons. • 1 The facility actively involves the resident's CW worker in the decision of subsequent denial. In cases where correspondence is denied, the facility promptly returns the correspondence to the sender.
(i) Medications such as stimulants, tranquilizers, or psychotropics may be administered only as a part of a program of medically approved therapy, are included in the resident's individual treatment plan, and are listed in the facility's formulary. Prior to the implementation of the order of such medication, the resident's county worker and the resident are informed of the benefits and hazards of the medication. If the county worker cannot be located, the facility informs the facility liaison. If the liaison is unavailable, the county worker's supervisor or county director or designee is informed. The administration or dispensing of such drugs is periodically monitored by a licensed psychiatrist according to accepted medical standards. The use of medication for punishment, experimentation and research, staff convenience, control or program management is prohibited.
(j) The resident has the right to refuse medications and such medications cannot be administered to the resident unless a court order is obtained authorizing its forcible administration; except that in situations that pose a serious threat to life or health of the resident, necessary medication prescribed by a physician may be forcibly administered by staff trained in the administration of medication who are familiar with the resident's condition.