1. A. It is the intent of the Legislature of this state to provide for the creation of all reasonable means and methods that can be established by a state for:

   1. 1. The prevention of delinquency;
   2. 2. The care and rehabilitation of delinquent children; and

   3. 3. The protection of the public.

      It is further the intent of the Legislature that this state, through the Department of Juvenile Justice, establish, maintain and continuously refine and develop a balanced and comprehensive state program for children who are potentially delinquent or are delinquent.

2. B. Except as provided in subsection C of this section, whenever a child who has been adjudicated by the court as a delinquent child has been committed to the Department of Juvenile Justice, the Department shall provide for placement pursuant to any option authorized by paragraphs 1 through 7 of this subsection; provided, nothing in this subsection shall be construed to establish a priority in regard to the selection of an option or to mandate the exclusive use of one particular option:

   1. 1. Place the child in a state training school or other institution or facility maintained by the state for delinquent children if the child has:

      1. a. exhibited seriously violent, aggressive or assaultive behavior,
      2. b. committed a serious felony constituting violent, aggressive and assaultive behavior,
      3. c. habitually committed delinquent acts if such acts would constitute felonies if committed by an adult,
      4. d. committed multiple serious delinquent acts, or
      5. e. violated any condition of probation or parole, to the extent that it is necessary for the protection of the public. For purposes of placement, all deferred prosecutions for serious, habitual, violent, aggressive or assaultive crimes shall count toward placement decisions;
   2. 2. Place the child in a facility maintained by the state for children, or in a foster home, group home, transitional living program or community residential center;
   3. 3. Allow the child his liberty, under supervision, in an independent living program;
   4. 4. Allow the child his liberty, under supervision, either immediately or after a period in one of the facilities referred to in paragraphs 1 and 2 of this subsection;
   5. 5. Place the child in a state school for mentally retarded, if the child is eligible for admission thereto;
   6. 6. Place the child in any licensed private facility deemed by the Department of Juvenile Justice to be in the best interest of the child; or
   7. 7. Place the child as provided by Section 7303-8.4 of this title and the Inpatient Mental Health Treatment of Children Act, if the delinquent child has been found by a court to be in need of mental health treatment.
3. C. Subject to the placement guidelines developed by the Juvenile Placement Guidelines Committee, if approved by the Legislature, the court shall have the authority to require secure placement of a serious juvenile offender or habitual juvenile offender, as defined in the Serious and Habitual Juvenile Offender Act, adjudicated delinquent and committed to the Office of Juvenile Affairs. If the court orders a placement that is not in conformity with the placement guidelines, the reason for such placement shall be included in the record and shall be an appealable order.
4. D. The Department shall place priority on the placement of delinquent youth held in secure juvenile detention facilities.

5. E. Placement of a juvenile pursuant to subsection C of this section or any other provision of law shall be the responsibility of the Department of Juvenile Justice and shall occur as soon as reasonably possible after adjudication and after the selected placement option becomes available.

   The court shall not have authority to require specific placement of a juvenile in a time frame which would require the removal of any other juvenile from such placement.

Laws 1968, SB 446, c. 282, § 138, eff. January 13, 1969; Amended by Laws 1981, SB 112, c. 238, § 5, eff. October 1, 1981; Amended by Laws 1982, HB 1468, c. 312, § 29, eff. October 1, 1982; Amended by Laws 1987, HB 1458, c. 224, § 1, eff. November 1, 1987; Amended by Laws 1990, HB 1850, c. 238, § 10, emerg. eff. May 21, 1990; Amended by Laws 1991, HB 1761, c. 296, § 15, eff. September 1, 1991; Amended by Laws 1992, c. 298, § 36, emerg. eff. July 1, 1993; Amended by Laws 1992, HB 1544, c. 373, § 4, emerg. eff. July 1, 1992; Amended by Laws 1993, SB 371, c. 342, § 8, emerg. eff. July 1, 1993; Amended by Laws 1994, HB 2640, c. 290, § 44, emerg. eff. July 1, 1994; Amended by Laws 1995, HB 1978, c. 352, § 91, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1138 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995.