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ENGROSSED HOUSE
BILL NO. 1746 By: Lawson and Moore of the
House
and
Haste of the Senate
An Act relating to children; defining terms;
authorizing a facility to prepare and transmit a
safety plan to the Office of Juvenile Affairs when
certain determination is made; providing what shall
be included in a safety plan; directing the Office to
approve or deny the safety plan within certain time
period; providing when time period begins;
authorizing a facility to transmit a safety plan at
any time; providing methods by which a safety plan
may be transmitted; directing the facility to retain
proof of transmission; providing that the safety plan
shall be deemed approved if the Office does not
provide written approval or denial within certain
time period; requiring a denial to state specific
reasons for denial; providing that nothing shall be
construed to authorize certain isolation or reduced
access to services; directing the facility to
maintain the safety plan and supporting
documentation; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW A new section of law to be codified in
the Oklahoma Statutes as Section 2-3-106 of Title 10A, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
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1. "Facility" means a juvenile detention facility used for
secure detention pursuant to this article;
2. "High-risk juvenile" means a juvenile in secure detention
who, based on a documented incident or credible information,
presents an imminent risk of serious physical harm to:
a. the juvenile,
b. another confined juvenile,
c. facility employees or contractors, or
d. the public;
3. "Safety plan" means a written, individualized plan to
address the imminent safety risk posed by a high-risk juvenile
through time-limited interventions and stepdown criteria, while
maintaining access to essential services and due process
protections; and
4. "Time of transmission" means the date and time a facility
transmits a safety plan to the Office of Juvenile Affairs using one
or more methods authorized in subsection D of this section.
B. When a facility determines that a juvenile is a high-risk
juvenile, the facility may prepare and transmit a safety plan to the
Office of Juvenile Affairs for review pursuant to this section.
C. A safety plan transmitted under this section shall include,
at a minimum:
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1. A summary of the triggering incident or conduct and the
basis for the determination by the facility that the juvenile meets
the definition of a high-risk juvenile;
2. A mental health screening or evaluation, or documentation of
steps taken to obtain such screening or evaluation, as soon as
practicable;
3. Facility incident reports and related documentation
supporting the determination, including use-of-force, restraint,
injury, or medical documentation, if applicable;
4. The relevant disciplinary history or prior incident reports
of the juvenile; and
5. A confinement and management plan that addresses, as
applicable:
a. hygiene and shower access,
b. meal service and food delivery procedures,
c. education services and delivery method,
d. visitation parameters,
e. telephone access parameters,
f. recreation and out-of-room opportunities as safety
permits,
g. daily administrative review,
h. daily mental health check-in or review when clinically
indicated,
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i. a stepdown plan with measurable goals and criteria for
return to regular programming, and
j. staged restoration of privileges tied to the stepdown
plan.
D. 1. The Office of Juvenile Affairs shall approve or deny a
safety plan in writing within twenty-four (24) hours after the time
of transmission by the facility.
2. The twenty-four-hour period begins at the time of
transmission and is not dependent upon acknowledgement,
confirmation, or acceptance by the Office.
3. A facility may transmit a safety plan at any time, including
outside normal business hours, by any of the following methods:
a. electronic mail to any electronic mail address
publicly listed by the Office for general
communications or detention-related communications,
b. facsimile to any facsimile number publicly listed by
the Office for general communications,
c. upload to a state-operated electronic portal used by
the Office for receipt of facility submissions, if
available, or
d. personal delivery or commercial carrier delivery to
the Office.
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4. The facility shall retain proof of transmission, which may
include a timestamped sent email, facsimile transmission
confirmation, portal upload confirmation, or delivery confirmation.
5. If the Office does not provide a written approval or denial
within the twenty-four-hour period, the safety plan shall be deemed
approved by operation of law and the facility may implement the
safety plan immediately.
6. A denial shall state the specific reasons for denial and, if
applicable, identify revisions that would permit approval.
E. 1. Nothing in this section shall be construed to authorize
punishment-based isolation or to reduce access to essential services
except to the extent necessary to address the documented safety
risk.
2. A safety plan implemented under this section shall be
administered in a manner consistent with standards for juvenile
detention facilities promulgated by the Board of Juvenile Affairs
and other applicable law.
3. Approval or deemed approval under this section does not
limit the authority of the Office of Juvenile Affairs to monitor,
inspect, or enforce standards applicable to juvenile detention
facilities, including requiring corrective action prospectively.
F. The facility shall maintain the safety plan and supporting
documentation required by subsection C of this section and make such
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records available to the Office of Juvenile Affairs upon request for
oversight and compliance purposes.
SECTION 2. This act shall become effective November 1, 2026.
Passed the House of Representatives the 25th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate