Delinquency Services Summary
Combination State: Delinquency services are organized at both the state and county level in Oklahoma. The Office of Juvenile Affairs, Department of Juvenile Justice Services oversees juvenile detention and contracts for service from a range of providers. However, facilities are created and operated by county government. The Office of Juvenile Affairs also provides probation supervision services in 73 counties and commitment and parole services in all 77 counties. Canadian County, Comanche County, Oklahoma County, and Tulsa County have juvenile bureaus that provide intake and probation and aftercare services for direct placements in those counties. Legislation authorizes the county executive in certain size counties to create Juvenile Bureaus. However, administrative authority resides with the juvenile court judge and presiding judge of the local District Court who are employees of the State Court.

Court(s) with Delinquency Jurisdiction
Generally, District Courts in each county exercise jurisdiction over delinquency proceedings. District Courts are courts of general jurisdiction that may create specialized juvenile divisions or unified family courts that combine juvenile and family cases in one court division. Through interlocutory agreements, some municipal courts have jurisdiction over delinquency proceedings referencing misdemeanor offenses. For more information, visit the Oklahoma State Courts Network web site.

Highlights

Oklahoma Graduated Sanctions
The Oklahoma Juvenile Code defines graduated sanctions in 7301-1.3 17 and organizes the service system at the local level through Community Councils. The Councils are guided by the Office of Juvenile Affairs, which has a statute requirement to develop graduated sanctions as an option for local prosecutors to defer filings for first time offenders under 7303-1.3 (E) of the Juvenile Code. The Councils receive financial support through a combination of federal pass through moneys and parental responsibility funds (see next highlight). A list of counties with Community Councils and graduated sanctions programs is available online in the Annual Reports of the Office of Juvenile Affairs.

Parental Responsibility
Oklahoma attempts to hold parents financially responsible for the support of youth committed to the custody of the state juvenile corrections authority (Office of Juvenile Affairs). Program objectives include preserving parental involvement in their child’s welfare, providing consequences for the family, and encouraging the parents to maintain a provider role through a financial obligation. Additional detail concerning the project is available online.

Detention
The Juvenile Code (section 7304-1.3 (C) (2)) requires every county board of commissioners to provide for secure detention services and designates specific methods for meeting this requirement, including establishing services under a statutorily constituted juvenile bureau, a special county office, a multi-county trust authority, or contracts for services from private providers. While much of the onus for secure detention is placed on the counties, the Office of Juvenile Affairs, Department of Juvenile Justice Services (OJA/DJJ) oversees a State Plan for Juvenile Detention Services and is the state agency responsible for standards certification for all secure detention facilities. OJA/DJJ also funds 85% of the per diem costs for each detention placement, including the placements in county-operated facilities, and may require certain facilities to set aside capacity for counties that do not have a detention center. In this manner, OJA/DJJ allocates space in 17 secure juvenile detention centers to manage detention utilization across the entire state.

The Oklahoma Juvenile Code (Title 10, Chapter 73) authorizes secure custody for certain juveniles prior to adjudication and disposition and while awaiting placement (section 7304-1.1). Juveniles may be held in preadjudicatory or predisposition detention for no more than 30 days, unless extended for an additional 60 days (section 7304-1.1 (A) (1.a)). While a youth cannot be sentenced to secure detention in Oklahoma, statute does not explicitly prohibit the use of secure detention for probation violations or contempt of court. The Oklahoma Juvenile Code (section 7304-1.1 (C)) authorizes sanctions for weekends or up to five days in a facility specifically designated by OJA/DJJ or a juvenile bureau for the purpose other than a secure detention facility. Section 7303-7.4 explicitly authorizes the use of secure detention as a sanction for contempt of court, but places a 30-day time limit.

According to the Oklahoma Juvenile Code (section 7304-1.1 (B)), a youth may be detained only to assure his or her appearance in court or to protect the youth or the public. Specifically, a detained youth must be an escapee from any delinquent placement; a fugitive from another jurisdiction with a warrant on a delinquency charge or confirmation of delinquency charges by the home jurisdiction; seriously assaultive or destructive towards others or self; detained for the commission of a crime that would constitute a serious act, as defined by statute, or a habitual criminal act; or currently charged with a felony act as defined by statute, or misdemeanor under certain circumstances.

In addition to statutory guidelines, the Oklahoma Juvenile Code requires that detention utilization decisions be structured under the state's Serious and Habitual Juvenile Offender Program. In practice, the four juvenile bureau counties (Canadian County, Comanche County, Oklahoma County, and Tulsa County) have developed a shared assessment tool to inform contingency plans that help them adhere to statutorily imposed facility resident caps by identifying risk levels for releasing youth to secure detention alternatives, such as electronic monitoring and home detention.

Delinquency Intake Screening
The Oklahoma Juvenile Code (section 7301-1.3 (26)) defines a “preliminary inquiry” or "intake" as a mandatory, preadjudicatory interview of the juvenile and, if available, the juvenile's parents, legal guardian, or other custodian. An authorized individual conducts this interview to determine whether a juvenile comes within the Oklahoma Juvenile Code's purview, nonadjudicatory alternatives are available and appropriate, and the filing of a petition is necessary.

Any person can file a delinquency complaint in Oklahoma, and some departments handle a large volume of "walk in" referrals. By statute 7303-1.3(A), juvenile courts are authorized to designate responsibility for the initial screening or “preliminary inquiry” aspect of intake by local court rule. The court authorizes the Office of Juvenile Affairs (OJA), Department of Juvenile Justice Services to administer the preliminary inquiry aspect of intake in 73 out of 77 counties in the state and the juvenile bureau in the remaining four counties: Canadian, Oklahoma, Tulsa, and Comanche.

In all counties, the District Attorney's Office receives referrals from law enforcement and recommendations from duly authorized intake staff to file a petition. The District Attorney screens referrals for legal sufficiency, and has the final decision on charges and whether cases can be handled informally or will be petitioned to the courts for adjudication (section 7303-1.3). Similar to the preliminary inquiry, the intake process in the District Attorney's Office also involves an interview of the juvenile and, if available, the juvenile's parents, legal guardian, or other custodian. For more information, visit the Oklahoma District Attorneys Council web site.

Under section 7303-1.3, district attorneys draft and file delinquency petitions and retain final authority for charging and diversion decisions. However, the Juvenile Bureaus in Canadian, Oklahoma, Tulsa, and Comanche counties conduct preliminary inquiries and are further authorized under Article V. Section 7305-1.4 of the Juvenile Code to enter into deferred prosecution or diversion agreements, determine charges, and draft and file petitions (only if the district attorney releases this authority to the Bureau).

Impacting the intake process, OJA has established Juvenile Community Intervention Centers (CICs). The CICs are established through contracts with municipalities or youth service agencies to provide 24-hour intervention services for law enforcement to bring youth that may not meet criteria for secure detention but require supervision because a parent is unavailable. The CICs are responsible for supervising youth until a parent can be located and for releasing youth to a responsible person. Therefore, CICs, where they exist, are the initial point of intake for some youth into the juvenile justice system.

Further impacting the intake process, the Oklahoma Juvenile Code establishes Teen Courts and a system of OJA administered graduated sanctions programs (please see this Highlight) as diversion options for first time offenders under 7303-4.6.

Diversion
Under the Oklahoma Juvenile Code (section 7303-4.6(B)), a court may defer delinquency proceedings for 180 days for any youth that has not been previously adjudicated delinquent, is currently charged with a misdemeanor, submits a guilty plea, and if the youth and their parent or legal guardian agree to participate in a court-approved alternative program for first-time offenders. Under section 7303-4.6(D), the court must dismiss the case with prejudice at the conclusion of the deferral period if the youth presents satisfactory evidence that he or she has successfully completed the alternative diversion program.

“Alternative diversion programs for first-time offenders” are defined in section 7303-4.6(H)(1) as programs for juveniles who have been identified by law enforcement personnel, the district attorney, or the court as having committed acts which are not serious enough to warrant adjudication through the juvenile court process, but which indicate a need for intervention to prevent further development toward juvenile delinquency. Organizations designated as youth services agencies administer this program, pursuant to contracts with the Office of Juvenile Affairs, Department of Juvenile Justice Services or the county in counties with Juvenile Bureaus (Canadian, Comanche, Oklahoma, and Tulsa counties).

The diversion section of the Juvenile Code specifically refers to teen court and “graduated sanctions programs” as diversion options (7303-4.6(B)(4)). Please refer to the Probation Supervision section for additional information concerning “graduated sanctions” options.

Predisposition Investigation
Probation officers of either the County Juvenile Bureau or the Department of Juvenile Justice Services develop the case for adjudication and disposition and are guided by statutorily defined requirements for treatment plans. Although juvenile counselors develop a treatment plan, the District Attorney retains authority for prosecuting the case and can introduce a different plan. In practice, however, this only occurs on the rare occasions when prosecutors and juvenile probation officer cannot resolve differences of opinion concerning the proposed treatment plan.

By statute, Oklahoma is required to have a court intake risk-assessment for children alleged or adjudicated to be delinquent and structured decision-making instruments utilizing risk-assessment, offense, needs-assessment, and other appropriate criteria for determining the imposition of appropriate specific sanctions for youth adjudicated delinquent or youth who have violated a condition of probation or parole.

Victim Rights and Services
Oklahoma’s Victim Bill of Rights (Title 10, Chapter 7A, section 215-33) specifically extends rights to victims of juvenile violence, including the right to be notified concerning an alleged juvenile offenders' identity and address and to be notified of hearings. Additional statute sections extend specific rights to victims of juvenile offenders, including the right to attend juvenile court hearings (Title 10, section 7303-4.2). A section also creates a program of juvenile crime victim restitution, administered by the Office of Juvenile Affairs through its Department of Juvenile Justice Services (Title 10, section 7302-8.1).

The Oklahoma Constitution (Article II, section 34) reinforces these rights. Specifically, “[t]he Legislature, or the people by initiative or referendum, has the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section, including the authority to extend any of these rights to juvenile proceedings and if enacted by the Legislature, youthful offender proceedings.”

By statutory definition, juveniles who commit delinquent acts are subject to the state Crime Victims Compensation Act, which is overseen by the Crime Victims Compensation Board (Title 21, Part I, Chapter 2). The Oklahoma District Attorney’s Council staffs and administers the victim compensation program and maintains a web site that provides information concerning compensation, victim assistance grants and victim rights generally. Additional information concerning victim rights and services is also available from the Oklahoma Attorney General’s web site.

Probation Supervision
The Department of Juvenile Justice Services, within the Office of Juvenile Affairs, provides probation services in 73 counties. Canadian, Comanche, Oklahoma, and Tulsa counties have Juvenile Bureaus that provide intake and probation services. The supervision of youth on probation or in custody is in accordance with treatment plans submitted to and approved by the courts of jurisdiction.

Under the Casework Excellence Initiative, OJA/DJJ is working with the four Juvenile Bureaus to develop a common format for structured decision making for juvenile probation through assessments beginning at the front end of the system.

Recently, the Office of Juvenile Affairs began implementing a statewide system of graduated sanctions. "Graduated sanctions" is defined by statute as: a calibrated system of sanctions designed to ensure that juvenile offenders face uniform, immediate, and consistent consequences that correspond to the seriousness of each offender's current offense, prior delinquent history, and compliance with prior interventions. OJA efforts have focused on community aide panels to address minor delinquency, volunteers to provide mentoring opportunities, and the STARS program. Where possible, the resources for graduated sanctions are extended to the four Juvenile Bureaus to provide a greater range of specialized probation services where they might not currently exist.

Juvenile probation offices are typically centralized in one local office in Oklahoma. However, some of the Juvenile Bureaus have developed satellite field offices in key community locations (e.g., the Tulsa County Juvenile Bureau).

Juvenile Probation Officer Qualifications, Certification, and Training
A single set of state standards governing all juvenile probation practice currently does not exist--the four Juvenile Bureaus and the Office of Juvenile Affairs, Department of Juvenile Justice Services, have different requirements for staff qualifications and training. As a result, county hiring requirements largely determine hiring requirements in the Bureau-operated offices while OJA/DJJ staff are subject to state requirements. Juvenile probation officers working for OJA/DJJ must have a baccalaureate degree and similar requirements exist in the Juvenile Bureaus.

Oklahoma does not certify its juvenile probation officers. However, the Office of Juvenile Affairs provides a two-week training program through its training center for new staff. At the agency level, OJA/DJJ is accredited by the American Correctional Association in both its field operations (probation) and residential facility operations.

Juvenile Corrections Continuum
The Office of Juvenile Affairs' Community Services Division administers the state's community-based continuum of state custody placement facilities, including foster homes, specialized community homes, and staff secure group homes. These residential facilities are located throughout the state. Community-based options are provided through contracts for services with private providers. The programs of these facilities are varied, dependent on the risk levels of juveniles and their treatment needs, and integrated with the state's program for community reintegration through regular grand staffings.

The Office of Juvenile Affairs’ Institutional Services Division operates the state’s custody institutional facilities. For more information about Oklahoma's three secure juvenile institutions, visit the Office of Juvenile Affairs' Juvenile Treatment Centers web page.

Commitment to State
Commitments to the Office of Juvenile Affairs, Department of Juvenile Justice Services (OJA/DJJ) are indeterminate, but automatically expire at the juvenile's 18th birthday, unless the court authorizes the Department to retain custody until the juvenile's 19th birthday under 7302-5.4. By statute, the Department of Juvenile Justice Services must not place a youth under 10 years of age in an institution maintained for delinquent children.

Under the Oklahoma Juvenile Code (section 7302-5.3), OJA/DJJ has the authority for determining placement specifics. The range of placement options include placing youth who meet specific criteria in a state training school or other institution or facility maintained by the state for delinquent youth. Training school placement criteria include youth who: exhibit seriously violent, aggressive, or assaultive behavior; commit a serious felony constituting violent, aggressive and assaultive behavior; habitually commit delinquent acts if such acts would constitute felonies if committed by an adult; commit multiple serious delinquent acts; or violate any condition of probation or parole, to the extent that it is necessary for the protection of the public. OJA/DJJ may also place youth in a facility maintained by the state for children, or in a foster home, group home, transitional living program or community residential center. Ultimately, the Oklahoma Juvenile Code authorizes OJA/DJJ to place youth in any licensed private facility deemed to be in the best interest of the child.

Blended Sentencing
Oklahoma's Youthful Offender Act has provided a blended sentencing option from the criminal and juvenile court since 1998. Based upon age and offense criteria, youth transferred to criminal court may file a motion for certification as a youthful offender. The matter is considered at the conclusion of the preliminary hearing prior to the court's ruling on binding over for criminal trial. The act defines criteria for the court to consider when making a determination. The process may also be initiated from a juvenile petition. Once again, based upon statutorily defined age and offense criteria, District Attorneys may file petitions alleging delinquency or an information charging under the Youthful Offender Act. Finally, certain age and offense criteria mandate filing by the District Attorney under the Youthful Offender Act.

Upon conviction of a crime as a youthful offender, the court may impose a sentence not to exceed the amount possible for an adult criminal conviction or 10 years, whichever is less. The initial part of the sentence may be served in options provided for the disposition of adjudicated children in the Oklahoma Juvenile Code, including commitment to OJA/DJJ custody. A special review hearing is required prior to the youth reaching 18 years of age where the court has several options available, including discharging the case, modifying the juvenile disposition, or transferring the youth to the custody of the Department of Corrections to serve the remainder of the Youthful Offender sentence. For more detail, please the Oklahoma Juvenile Code, Section 7306 or click here for a summary.

Direct Placement
Oklahoma statute authorizes direct placements to state licensed private service provider agencies or county operated residential placement facilities. The county pays for direct placements, and, where Juvenile Bureaus exist, the Bureau is responsible for aftercare services, unless the court orders OJA supervision services upon release.

Direct placements are subject to the same court review requirements as commitments to the Office of Juvenile Affairs, Department of Juvenile Justice Services. However, the juvenile court has final authority for the release decision and can order placements specifics in its commitment order to the private or local residential program.

Both public and private commitments are subject to the same 6-month interval in court reviews and a 12-month permanency planning hearing under the statute.

Release
The Office of Juvenile Affairs (OJA) makes residential discharge decisions for youth in its custody based on its determination that there is a reasonable probability that residential care is no longer necessary, either for the rehabilitation and treatment of the youth, or for the protection of the public. The discharge must be deemed in the best interest of the youth and the public, and OJA must provide the court and the district attorney 15-day notice before discharging legal custody of any youth committed and confined in a secure facility.

Aftercare/Re-entry
The Department of Juvenile Justice Services, within the Office of Juvenile Affairs, administers all aftercare/parole/reintegration services for youth committed to their custody, including commitments to the Office of Juvenile Affairs, Department of Juvenile Justice Service from counties with Juvenile Bureaus. Where Juvenile Bureaus exist, the Bureau is responsible for aftercare services, unless the court orders OJA supervision services upon release.

With regard to aftercare programming, OJA has implemented a statewide tripartite reintegration program: 1) OJA/DJJ staff provide case management and case supervision services; 2) staff of the Oklahoma Military Department provide community service projects such as the STARS program and offender surveillance services; and 3) staff of the state's 41 youth services agencies provide community based supervision and treatment services through contracts with OJA/DJJ.

Oklahoma is participating in the Office of Justice Program's Serious and Violent Offender Reentry Initiative. For information about Oklahoma's involvement, click here. By visiting the State Activities & Resources page, users can read about how other states are using their grants. Descriptions of programs for juveniles follow the descriptions of programs for adults, where applicable.

State Laws

Legal Resources
Office of the Oklahoma Attorney General

Oklahoma Juvenile Code

Oklahoma Bar Association

Purpose Clauses
To read Oklahoma's purposes clauses for delinquency proceedings and juvenile corrections, click here.

Delinquency Jurisdiction (as of the end of the 2005 legislative session)
Lower Age: None specified
Upper Age: 17
Extended Age of Delinquency Jurisdiction: 18

Juvenile Transfer Laws
For information on Oklahoma's juvenile transfer laws, click here.

Juvenile Justice Leadership

Office of Juvenile Affairs
The Office of Juvenile Affairs is the state advisory group charged with administering funds received through the federal Juvenile Justice Delinquency Prevention Act and monitoring compliance with the Act's mandates.

Board of Juvenile Affairs
The Board of Juvenile Affairs was created on February 1, 1995 as the governing body for the Office of Juvenile Affairs and to assist the Office in planning activities related to the goals, objectives, priorities, and policies of the Office. Seven members serve on the Board. The Governor appoints members with the Senate's advice and consent. The Board of Juvenile Affairs appoints the Executive Director of the Office of Juvenile Affairs who serves at the pleasure of the Board.

Resources/Contacts
Office of Juvenile Affairs
Oklahoma Bar Association
Oklahoma District Attorneys Council
Oklahoma State Courts Network

Ginger Spear
Juvenile Justice Specialist
Office of Juvenile Affairs
P.O. Box 268812
Oklahoma City, OK 73126-8812
Phone: (405) 530-2804
Fax: (405) 530-2913
ginspe@oja.state.ok.us

The National Center for Juvenile Justice strives to make each State Profile as accurate as possible. Please bring any errors, updates, or additions to the attention of the State Profiles project manager. Persons listed as state contacts are not responsible for information contained in these profiles.

© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice

Citation: National Center for Juvenile Justice. 2006. "Oklahoma." State Juvenile Justice Profiles. Pittsburgh, PA: NCJJ. Online. Available: http://www.ncjj.org/stateprofiles/.