DAR File No. 37986

Human Services, Juvenile Justice Services

Rule R547-1

Residential and Nonresidential, Non-Secure Community Program Standards

Notice of Proposed Rule

(Repeal)

DAR File No.: 37986
Filed: 09/12/2013 09:51:25 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The licensing responsibility was transferred from Juvenile Justice Services (JJS) to DHS Office of Licensing (OL). OL uses its own set of rules and does not use Rule R547-1.

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Subsection 62A-7-106(5)
• Section 62A-7-701

Anticipated cost or savings to:

the state budget:

None--The licensing requirements are being taken care of by another agency.

local governments:

None--The licensing requirements are being taken care of by another agency.

small businesses:

None--The licensing requirements are being taken care of by another agency.

persons other than small businesses, businesses, or local governmental entities:

None--The licensing requirements are being taken care of by another agency.

Compliance costs for affected persons:

None--The licensing requirements are being taken care of by another agency.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact.

Palmer DePaulis, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Juvenile Justice Services
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [email protected]
• Janene Parry at the above address, by phone at 801-538-4413, by FAX at 801-538-4334, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2013

This rule may become effective on:

11/07/2013

Authorized by:

Susan Burke, Director

R547. Human Services, Juvenile Justice Services.

[R547-1. Residential and Nonresidential, Nonsecure Community Program Standards.

R547-1-1. Authority.

Section 62A-1-111 authorizes the Department of Human Services to adopt administrative rules.

 

R547-1-2. Waiver Statement.

(1) A residential or nonresidential alternative program shall comply with all (relevant) requirements unless a waiver for specific requirement(s) has been granted by the designated certifying officer of Juvenile Justice Services with specific approval of the Director of the Division. The certifying officer shall specify the particular requirement(s) to be waived, the duration of the waiver, and the terms under which the waiver is granted.

(2) The Division will submit to the Board of Juvenile Justice Services at least annually a listing with expiration dates of programs receiving waivers.

(a) Waiver of specific requirements shall be granted only when the specific program or facility has documented that the intent of the specific requirement(s) to be waived will be satisfactorily achieved in a manner other than that prescribed by the requirement(s).

(b) The waiver shall contain provisions for a regular review of the waiver.

(c) When a program fails to comply with the waiver specifications, the waiver shall be subject to immediate cancellation.

 

R547-1-3. Administration of Contracted Programs.

(1) Administration A residential or nonresidential alternative program contracting with the Division of Juvenile Justice Services, shall not accept a youth in custody without the formal approval of the Division.

(2) A residential or nonresidential alternative program shall allow Juvenile Justice Services to inspect all aspects of the program's functioning which impact on youth and to interview any staff member of the program or any youth in care of the program.

(3) The residential or nonresidential alternative program shall make any information which the facility is required to have under these requirements and any information reasonably related to assessment of compliance with these requirements available to the Division of Juvenile Justice Services.

(4) A privately-operated residential or nonresidential alternative program shall have documents which fully identify its ownership. A corporation, partnership, individual ownership, or association shall identify its officers and shall have, where applicable, the charter, partnership agreement, constitution; articles of association; and/or by-laws of the corporation, partnership, individual ownership, or association.

(a) Organizational structure of facility or program staff;

(b) Job description of facility or program staff;

(c) Names and positions of persons authorized to sign agreements, contracts and submit official documentation to Juvenile Justice Services;

(d) Board structure and composition, with names and addresses and terms of memberships;

(e) Existing purchase of service agreements;

(f) Insurance coverage, required by contract;

(g) Appropriate licensure to provide contracted services to include: Letters of compliance with existing sanitation, health and fire codes and reports of inspection and action taken;

(h) Procedure for notifying interested parties of changes in the facility's policy and programs;

(i) A master list of all social services providers which the facility uses; and

(j) Financial and program audits and reviews.

(5) A residential or nonresidential alternative program accepting any youth who resides in another state shall comply with the terms of the Interstate Compact on Juveniles, Section 55-12-100, and the Interstate Compact on the Placement of Children, Section 62A-4a-701.

(6) A residential or nonresidential alternative program shall have a representative present at all judicial, educational or administrative hearings which address the status of a youth in care of the program, if requested by the division or the court.

(7) A residential or nonresidential alternative program shall ensure that all entries in records are legible. All entries shall be signed, or initialed, by the person making the entry. All entries shall be accompanied by the date on which the entry was made.

(8) A residential or nonresidential alternative program shall have a governing body which is responsible for and has authority over the policies and activities of the program.

(9) The governing body shall have a set of by-laws or a constitution which describes its duties, responsibilities and authority. As a minimum, the agency by-laws include for the governing authority:

(a) Memberships (types, qualifications, community representation, rights, duties) as required by all applicable laws, statutes and rules;

(b) Size of the governing body;

(c) Method of selection;

(d) Terms of office;

(e) Duties and responsibilities of officers;

(f) Times authority will meet;

(g) Committees;

(h) Quorums;

(i) Parliamentary procedures;

(j) Recording of minutes;

(k) Method of amending the by-laws;

(l) Conflict of interest provisions; and

(m) Specification of the relationship of the chief executive to the governing body.

(10) The governing authority of the agency shall hold meetings as prescribed in the by-laws.

(11) The governing body of the program shall be responsible for ensuring the program's continual compliance and conformity with the provisions of the program's charter.

(12) The governing body of a residential or nonresidential alternative program shall be responsible for ensuring the program's continual compliance and conformity with the terms of all leases, contracts or other legal agreements to which the program is a party.

(13) The governing body of a residential or nonresidential alternative program shall be responsible for ensuring the program's continual compliance and conformity with all relevant laws and/or regulations, whether federal, state, local or municipal, governing the operations of the program.

(14) The governing body of a residential or nonresidential alternative program shall designate a person to act as chief administrative officer of the program to whom all staff shall be responsible and shall delegate sufficient authority to such person as to implement policy and procedure and to manage the affairs of the program effectively.

(15) The governing body of the residential or nonresidential alternative program shall regularly evaluate the performance of the chief administrative officer to ensure that this officer's conduct of the program's business conforms with the program's charter, all relevant laws and regulations, and policies defined by the governing body.

(16) The governing body of the residential or nonresidential alternative program shall ensure that the program is housed, maintained, staffed, and equipped in such a manner as to implement the program effectively.

(17) The governing body of the residential or nonresidential alternative program shall, in consultation with the chief administrative officer, formulate and periodically review and update written policies and procedures concerning:

(a) The program policies, goals and current services;

(b) Personnel practices and job descriptions;

(c) Organizational chart which reflects the structure of authority, responsibility and accountability;

(d) Fiscal management; and

(e) This written administrative manual must be available to all staff as well as the general public and residents, if requested, unless protected trade secrets would be revealed.

(18) The governing body of the residential or nonresidential alternative program shall ensure that the program has written policies and procedures to carry out ongoing internal evaluation of the services it offers and compiles a written report of such evaluation annually.

(19) The governing body of the program shall have access to and use an organized system of information collection, retrieval and review. The agency shall participate in the establishment of information needs and establish guidelines regarding the security of all information about participants.

(20) The governing body, in concert with the program administrator, shall use the findings of evaluation studies in decision-making and policy development.

(21) The program director or designee of the residential or nonresidential alternative program shall consult with Juvenile Justice Services prior to making any substantial alteration in the program provided by the facility and shall meet with representatives of Juvenile Justice Services whenever required to do so.

(22) The program director or designee cooperates with Juvenile Justice Services in evaluation of its operations in terms of written goals and objectives, program effectiveness, cost benefit analysis and statistical analysis of program data.

(23) The governing body shall disclose all existing or potential and contemplated conflicts of interest and must be approved by the DHS/DJJS Director or designee.

(24) The residential or nonresidential alternative program shall have written minutes of all meetings of the governing body of the program.

(25) The program shall have a written policy which ensures that it conforms to governmental statutes and regulations relating to campaigning, lobbying, and political practices.

(26) A residential or nonresidential alternative program shall identify, document and publicize its tax status with the Internal Revenue Service.

(27) A residential or nonresidential alternative program shall have by-laws, approved by the governing authority, which are filed with the appropriate local, state, and/or federal body.

(28) The Chief Executive Officer of a residential or nonresidential alternative program or a person designated by that officer and authorized to act, as necessary, in place of that officer shall be readily assessable to the staff of the program and/or the authorized representatives of Juvenile Justice Services.

(29) A residential or nonresidential alternative program shall have a written statement specifying its philosophy, purposes, and program orientation and describing both short and long-term goals. The statement should identify the types of services provided and the characteristics of the youth to be served by the program. The statement of purpose shall be available to the public.

(30) A residential or nonresidential alternative program shall have a written program plan which describes the services provided by the facility. The statement shall include a description of the facility's plan for the provision of services as well as the assessment and evaluation procedures used in treatment planning and delivery. The plan shall make clear which services are provided directly by the facility and which will be provided in cooperation with community resources. If the facility administers several programs at different geographical sites, appropriate resources shall be identified for each site. The program description shall be available to the public on request with protected trade secrets deleted.

(31) A residential and nonresidential alternative program shall obtain the written informed consent of a youth, Juvenile Justice Services Case Manager, and the youth's parent(s) or guardian prior to involving the youth in any activity related to fund raising and/or publicity for the program.

(32) A residential and nonresidential alternative program shall have written policies and procedures regarding the photographing and audio or audio-visual recording of youth in care.

(33) The written consent of a youth and the youth's parent(s) or guardian shall be obtained before the youth is photographed or recorded for program publicity purposes.

(34) All photographs and recordings shall be used in a manner which respects the dignity and confidentiality of the youth.

 

R547-1-4. Administration of Publicly Operated Programs.

(1) A publicly operated residential or nonresidential alternative program shall have an advisory board which includes representatives of the community in which the program is located and representatives of the parents of the type of youth served.

(2) The members of the Advisory Board of a publicly operated residential or nonresidential alternative program shall be appointed for specific terms of office by the director of the agency operating the program.

(3) The Advisory Board of the publicly-operated residential or nonresidential facility shall advise and assist the Administrative Officer.

(a) The Advisory Board shall have a set of by-laws which describe its duties, responsibilities and authority.

(b) The Advisory Board shall keep itself informed as to the operational policies and practices of the regional facility. The Advisory Board has the right and responsibility to consider all aspects of that facility's operations, and to make recommendations to the Administrative Officer. The Advisory Board shall make at least:

(i) Semi-annual visits to the residential or nonresidential alternative program.

(ii) The Advisory Board shall at least annually provide the Administrative Officer with a report on the program. This report shall make recommendations for improving services provided by the program. The report shall be available to the public.

(iii) The Advisory Board of the publicly operated residential or nonresidential alternative program shall inform the Director in writing of any event or circumstance which the majority of the Advisory Board believes warrants correction.

(iv) In the event of serious unresolved disagreement between the Administrative Officer and the Advisory Board, the Advisory Board shall report to the Board of Juvenile Justice Services outlining the nature of the disagreement.

(v) A publicly residential or nonresidential alternative program shall have documents which identify the statutory basis for the existence of the program and the nature of the authorization of the program under existing laws. A publicly-operated residential or nonresidential alternative program shall have documents which identify the statutory basis of its existence and the administrative framework of government within which it operates.

 

R547-1-5. Fiscal Management.

(1) The residential or nonresidential alternative program shall demonstrate that it is financially sound and manages its financial affairs prudently. All funds disbursed by the facility shall be expended in accordance with the program objectives as specified by the governing body and contractual agreements.

(2) The residential or nonresidential alternative program shall have a system of accountability which shall state funds allocated for each program function, funds spent for each, and specific cost of each service provided.

(3) The residential or nonresidential alternative program shall prepare a written budget of anticipated revenues and expenditures which is approved by the appropriate governing authority and included as part of the written contract.

(4) The program director shall participate in budget reviews conducted by the governing board or parent governmental agency.

(5) The program director shall present a budget request which is adequate to support the programs of the agency.

(6) The agency shall have written policies which govern revisions in the budget.

(7) A residential or nonresidential alternative program shall demonstrate fiscal accountability through regular recording of all income, expenditures and the submission of an annual independent audit.

(8) The residential or nonresidential alternative program shall prepare and distribute to its governing authority and appropriate agencies and individuals the following documents, at a minimum: income and expenditure statements, funding source financial reports, and independent audit reports.

(9) The residential or nonresidential alternative program shall have written fiscal policies and procedures adopted by the governing authority which include, at a minimum: internal controls, petty cash, bonding, signature control on checks, resident funds, and employee expense reimbursement.

(10) The residential or nonresidential alternative program shall have a written policy for inventory control of all property and assets.

(11) The residential or nonresidential alternative program shall have a written policy for purchasing and requisitioning supplies and equipment.

(12) The residential or nonresidential alternative program shall use a method which documents and authorizes wage payment to employees and consultants. Amount paid is authorized by administrative officer; salary for administrative officer is set and approved by Board of Directors and reviewed annually.

(13) A residential or nonresidential alternative program shall not permit public funds to be paid or committed to be paid to any corporation, firm, association, business or State agency or representative in which any members of the governing body of the program, the executive personnel of the program, or the members of the immediate families of members of the governing body or executive personnel have any direct or indirect financial interest, or in which one of these persons serve as an officer or employee, unless the services or goods involved are provided at a competitive cost and under terms favorable to the program. The program shall have a written disclosure of any financial transaction with the program in which a member of the Board or his/her immediate family is involved.

(a) The program shall have a written policy to guard against conflicts of interest which adversely affect the program; this policy shall specifically state that no person connected with the program will use his or her official position to secure privileges or advantages for himself or herself.

(14) A residential or nonresidential alternative program shall ensure that all purchase of service agreements involving professional services to youth in care are in writing and available to Juvenile Justice Services. The program shall abide by all State and Federal regulations and laws related to the governing of contracting bodies. Purchase of service agreements shall contain all terms and conditions required to define the clients to be served, the services to be provided, program budget, the procedures for payment, the payment plan, and terms of agreement.

(15) A residential or nonresidential alternative program shall have copies of all leases into which the program has entered. These leases shall include the location of all property involved, the monthly or annual rent, the ownership of the property, the usable square footage and the terms of the lease.

(a) If a member of the governing body of a residential or nonresidential alternative program, any staff member of the program or any member of the immediate family of either staff member or member of the governing body of the program, has any financial interest in any property rented by the program, the program shall have a report detailing the nature and extent of the financial interest and identifying the party or parties having the interest. A conflict of interest must be approved by DHS/DJJS Director or designee.

(16) A residential facility or nonresidential alternative program which accepts payment of public funds, directly or indirectly, shall maintain adequate bonding. All persons delegated the authority to sign checks or manage funds shall be bonded at the program's expense.

(17) A residential or nonresidential alternative program shall carry adequate insurance covering fire and liability as protection for youth in care and other insurance coverage as required by Juvenile Justice Services, and other federal, state and local statutes and regulations for contracts. In addition, the program shall have insurance which covers liability to third parties or youth in care arising through the use of any vehicle, whether owned or not owned by the program, used by any of the program's staff or agents on the program's business.

(18) Provision should be made for indemnifying, bonding and insuring board members, trustees, officers, and employees of the residential or nonresidential alternative program against liability incurred while acting properly in behalf of the agency.

(19) The insurance coverage of the program should be examined annually to assure adequate coverage.

 

R547-1-6. Personnel/Volunteers.

(1) A residential or nonresidential alternative program shall employ a sufficient number of qualified staff and delegate sufficient authority to such staff to carry out the responsibilities it undertakes and to adequately perform the following functions:

(a) Administrative functions;

(b) Fiscal functions;

(c) Clerical functions;

(d) Housekeeping, maintenance and food services functions (if residential);

(e) Direct youth service functions;

(f) Supervisory functions;

(g) Record keeping and reporting functions;

(h) Social service functions; and

(i) Ancillary service functions.

(2) A residential or nonresidential alternative program shall ensure that all staff members are properly certified and/or licensed as legally required.

(3) Each residential or nonresidential alternative program as applicable will have or contract for a director of clinical services who shall be properly certified or licensed and who shall be responsible for approval of all treatment or service plans.

(4) A residential or nonresidential alternative program employing any person who does not possess usual qualifications for the position in which he/she is employed shall have a written statement justifying reasons for employing this person.

(5) A residential or nonresidential alternative program shall have a description of all staff assignments. This description shall provide complete information on roles, functions, lines of authority, lines of responsibility and lines of communication. This description shall be provided to all staff members as part of the orientation procedure and, on request, to Juvenile Justice Services.

(6) A residential or nonresidential alternative program shall have a written description of personnel policies and procedures. This description shall be provided to all staff members.

(7) The agency personnel policies include, at a minimum:

(a) Organization chart;

(b) Employment practices and procedures, including in-service training and staff development;

(c) A DHS code of conduct for all staff that defines acceptable and nonacceptable conduct both on and off duty;

(d) Job qualifications and job descriptions;

(e) Grievance and appeal procedures;

(f) Employee evaluation;

(g) Promotion;

(h) Personnel records;

(i) Benefits;

(j) Holidays;

(k) Leave;

(l) Hours of work;

(m) Salaries (or the base for determining salaries);

(n) Disciplinary procedures;

(o) Termination; and

(p) Resignation.

(8) The residential or nonresidential alternative program shall have a written policy which outlines experience and education substitutes if the agency permits such substitutions.

(9) A residential or nonresidential alternative program shall actively recruit, and, when possible, employ, qualified personnel broadly representative of the racial and ethnic groups it services.

(10) The residential or nonresidential alternative program shall have a policy which does not deliberately exclude employment of ex-offenders but requires a criminal background check be conducted, by the division, prior to hiring.

(11) A residential or nonresidential alternative program shall not hire, or continue to employ, any person whose health, educational achievement, emotional or psychological make-up impairs his/her ability to properly protect the health and safety of the youth or is such that it would endanger the physical or psychological well being of the youth.

(12) The residential or nonresidential alternative program shall require written personal and prior work references or written telephone notes on such references prior to hiring and criminal background checks conducted by the Division consistent with its policy.

(13) All residential or nonresidential alternative program participants employed outside the program either full or part-time shall comply with all legal and regulatory requirements.

(14) A residential or nonresidential alternative program shall have a written grievance procedure for employees which has been approved by Juvenile Justice Services.

(15) A residential or nonresidential alternative program shall ensure that youth care staff have regularly scheduled hours of work. Work schedules shall be provided at least a week in advance.

(16) A residential or nonresidential alternative program shall establish a written procedure, in accordance with applicable laws, regarding the discipline, suspension, lay-off or dismissal of its employees.

(17) The residential or nonresidential alternative program does not discriminate or exclude from employment women working in boys' programs or men working in girls' programs.

(18) The residential or nonresidential alternative program shall have a personnel file for each employee which shall contain:

(a) The application for employment and/or resume;

(b) Reference letters from former employer(s) and personal references or phone notes on such references;

(c) Any required medical examinations;

(d) Applicable professional credentials/certification;

(e) Periodic performance evaluations;

(f) Personnel actions, other appropriate material, incident reports and notes, commendations relating to the individual's employment with the facility;

(g) Wage and salary information; and

(h) Employee's starting and termination dates.

(19) The staff member shall have access to his/her file and shall be allowed to add any written statement he/she wishes to make to the file at any time.

(20) A written procedure shall exist whereby the employee can challenge information in his or her personnel file and have it corrected or removed if it proves to be inaccurate.

(21) Written policy and procedure shall ensure the confidentiality of the personnel record by restricting its availability only to the employee who is the subject of the record, Juvenile Justice Services and other agency employees who have a need for the record in the performance of their duties.

(22) Records shall be kept locked to insure confidentiality. A residential or nonresidential alternative program shall not release a personnel file without the employee's written permission except under court order or to an authorized representative of Juvenile Justice Services.

(23) A residential or nonresidential alternative program shall maintain the personnel file of an employee who has been terminated for a period of five years.

(24) A residential or nonresidential alternative program shall have a comprehensive written staff plan for the orientation, on-going training, development, supervision and evaluation of all staff members.

(25) A residential or nonresidential alternative program shall ensure that each direct care staff member receives at least 25 hours of training within the first month of employment, and an additional 25 hours of training within the first 12 months of employment, and 30 hours of training activities during each subsequent full year of employment. Activities related to supervision of the staff member's routine tasks shall not be considered training activities for the purposes of this requirement.

(26) A residential or nonresidential alternative program shall document that direct care staff members receive appropriate training as specified in the DHS/DJJS contract.

(27) Inexperienced direct care staff shall be accompanied by experienced workers on initial tours of duty until such time as these staff are able to safeguard the health and safety of youth in care effectively.

(28) A residential or nonresidential alternative program shall ensure that a minimum of one evaluation/planning conference per year for each staff is held, documented and signed by the staff person and his/her immediate supervisor. There must be an opportunity for the employee to express agreement or disagreement with the evaluation in writing. The staff person shall be given a copy of the evaluation.

(29) Within the probationary period after employment, each new direct care or administrative employee shall have his/her first evaluation/planning conference with his/her supervisor for the purpose of evaluating performance and developing an individual training plan.

(30) The supervisor and the employee shall review strengths and weaknesses, set time-limited performance goals, devise training objectives to help meet the goal and establish a strategy that will allow achievement of these goals and objectives.

(31) The program staff shall maintain membership and participate in professional associations and activities on the local and national levels, where appropriate.

(32) A residential or nonresidential alternative program shall employ a staff of direct service workers sufficiently large and sufficiently qualified to implement the individual service plan of each youth in care with a minimum staffing ratio as required by contract.

(33) A residential or nonresidential alternative program shall have the required staff to youth ratio at all times as appropriate considering the time of day and the size and nature of the program.

(34) The staff pattern of the facility shall concentrate staff when most participants are available to use facility resources and meet staff gender contract requirements.

(35) There shall be at least one staff person who is readily available and responsive to resident needs on group home premises twenty-four hours a day in residential programs.

(36) A residential or nonresidential alternative program shall establish procedures to assure adequate communications among staff to provide continuity of services to youth. This system of communication shall include:

(a) A regular review of individual and aggregate problems of residents or clients including actions taken to resolve these procedures;

(b) Sharing of daily information noting unusual circumstances and other information requiring continued action by staff;

(c) Written reports maintained of all accidents, personal injuries and pertinent incidents related to implementation of youth's individual service plans, including notification to parents and Juvenile Justice case manager.

(37) Any employee of a residential or nonresidential alternative program working directly with youth in care shall have access to information from the youth's case records that is necessary for effective performance of the employee's assigned tasks.

(38) A residential or nonresidential alternative program shall establish procedures which facilitate participation and feedback by staff members in policy-making planning and program development.

(39) A residential or nonresidential alternative program shall obtain professional services required for the implementation of the individual service plan of a youth that is not available from employees of the program.

(40) The program shall ensure that a professional providing a direct service to a youth in care communicates with program staff as appropriate to the nature of the service.

(41) A residential or nonresidential alternative program shall have documentary evidence that all professionals providing services to the program, whether working directly with youth in care or providing consultation to employees of the program, are appropriately qualified, certified and/or licensed as appropriate to the nature of the service.

(42) A residential or nonresidential alternative program which utilizes volunteers on a regular basis, or utilizes volunteers to work directly with a particular youth or group of youth for an extended period of time, shall have a written plan for using such volunteers. This plan shall be given to all such volunteers. The plan shall indicate that all such volunteers shall:

(a) Be directly supervised by a paid staff member;

(b) Be oriented and trained in the philosophy of the program, and the needs of youth in care, and methods of meeting those needs; (There should be documentation of completion of orientation.)

(c) Be subject to character reference and criminal background investigation checks similar to those performed for employment applicants;

(d) Be aware of any staff who have input into the service plans for youth they are working with directly and be briefed on any special needs or problems of these youth.

(43) Volunteers shall be recruited from all cultural and socio-economic segments of the community.

(44) The residential or nonresidential alternative program shall designate a staff member who serves as supervisor of volunteer services for residents.

(45) The residential or nonresidential alternative program shall have a written policy specifying that volunteers perform professional services only when certified or licensed to do so.

(46) Written policy and procedure shall provide that the program director curtails, postpones or discontinues the services of a volunteer or volunteer organization when there are substantial reasons for doing so.

(47) The residential or nonresidential alternative program administration shall provide against liability or tort claims in the form of insurance, signed waivers or other legal provisions, valid in the jurisdiction in which the program is located.

(48) A residential or nonresidential alternative program which accepts students for field placement shall have a written policy on student placements. Copies shall be provided to each student and his/her school. The policy shall include:

(a) Statement of the purpose of a student's involvement with the program and the student's role and responsibility; and

(b) A description of required qualifications for students, orientation and training procedures and supervision provided while the student is placed at the program.

(49) A residential or nonresidential alternative program shall ensure that students meet all of the criteria established by the program for student placement service.

(50) A residential or nonresidential alternative program shall ensure that students are supervised directly by an appropriate paid staff member who will act as a liaison between the program and the school making placements unless other appropriate arrangements are made.

(51) Where paraprofessionals are employed, the program shall have written policies and procedures for their recruitment and established career lines for their advancement in the organization. There are written guidelines for staff regarding the supervision of paraprofessional personnel.

 

R547-1-7. Admission Policies and Procedures.

(1) A residential or nonresidential alternative program shall have a written description of admissions policies and criteria which shall include the following information:

(a) Policies and procedures related to intake;

(b) The age and sex of youth in care;

(c) The needs, problems, situations or patterns best addressed by the program;

(d) Any other criteria for admission;

(e) Criteria for discharge; and

(f) Any preplacement requirements of the youth, the parent(s) or guardian and/or the placing agency.

(2) The written description of admissions policies and criteria shall be provided to all placing agencies and shall be available to the parent(s) of any youth referred for placement.

(3) A residential or nonresidential alternative program shall not refuse admission to any youth on the grounds of race, religion or ethnic origin.

(4) A residential or nonresidential alternative program shall not admit more youth into care than the number specified in their license.

(5) A residential or nonresidential alternative program shall not accept any youth for placement whose needs cannot be adequately met by the program.

(A) A residential facility shall not admit a youth on emergency placement if the presence of the youth to be admitted will be damaging to the on-going functioning of the group and/or the youth already in care.

(6) When refusing admission to a youth, a program shall provide a written statement of the reason for refusal of admission to the referring agency.

(7) A residential or nonresidential alternative program shall ensure that the youth, his or her parent(s) or guardian, the placing agency and others, as appropriate, are provided reasonable opportunity to participate in the admission process and decisions and that due consideration is given to their concerns and feelings regarding the placement. Where such involvement of the youth's parent(s) or guardian is not possible, or not desirable, the reasons for their exclusion shall be recorded in the admission study.

(8) A residential or nonresidential alternative program shall make its admission process as short in duration as possible.

(9) The program shall, when applicable, have policies and procedures governing self-admission. Such policies and procedures shall include procedures for notification of parent(s) or guardian.

(10) A residential or nonresidential alternative program with a sole source contract shall not consider any other youth for care under that sole source contract.

(11) A residential or nonresidential alternative program shall accept a youth into care only when a current comprehensive intake evaluation including social, health and family history, and if appropriate, psychological and developmental assessment has been completed, unless the admission is an emergency. This evaluation shall contain evidence that a determination has been made that the child cannot be maintained in a less restrictive (structured or highly supervised) environment within the community.

(12) A residential or nonresidential alternative program shall, consistent with the youth's maturity and ability to understand, make clear its expectations and requirements for behavior, and provide the youth referred for placement with an explanation of the program's criteria for successful participation in and completion of the program. Youth shall sign a Statement of Understanding.

(13) A residential or nonresidential alternative program shall ensure that a written placement agreement is completed. A copy of the placement agreement signed by all parties involved in its formulation shall be kept in the youth's case record and a copy shall be provided to each of the signing parties. The signing parties shall include: the placing agency, the residential or nonresidential program, the youth and the parent(s) or guardian.

(14) The placement agreement shall include by reference or attachment at least the following:

(a) The youth's and the parent(s) or guardian's expectations regarding family contact and involvement; the nature and goals of care; the religious orientations and practices of the youth; and anticipated discharge date and plan;

(b) A delineation of the respective roles and responsibilities of all agencies and persons involved with the youth and his/her family;

(c) Authorization to care for the youth;

(d) Authorization to obtain medical care for the youth;

(e) Resident rights to include at a minimum family contacts, religious services, mail, and telephone calls;

(f) Arrangements as to the nature of agreed upon reports and meetings involving the parent(s) or guardian and referral agency; and

(g) Provision for notification of parent(s) or guardian and/or the placing agency in the event of unauthorized absences, medical or dental problems and any significant events regarding the youth.

(15) Each youth in the care of a residential or nonresidential alternative program shall be assigned a staff person who carries out the function of an advocate staff in the program.

(16) A residential or nonresidential alternative program shall ensure that each youth, upon placement, shall be asked if she/he has any physical complaints. If yes, appropriate treatment shall be provided, the results including any treatment provided shall be documented and kept in the youth's record.

(17) A residential program shall assign a staff member, preferably the youth's advocate staff, to orient the youth and his/her parent(s) or guardian, if they are available, to regulations, rules and expectations within the facility.

 

R547-1-8. Service Planning and Child Management.

(1) A residential or nonresidential alternative program shall have a written description of the methods of child management to be used at a program wide level. This description shall include:

(a) Definition of appropriate and inappropriate behaviors;

(b) Acceptable staff responses to inappropriate behaviors; and

(c) The description shall be provided to all program staff.

(2) There shall be a clear written list of rules and regulations governing conduct for youth in care of a residential program. These rules and regulations shall be posted in the facility and made available to each staff member, each youth in care, his/her parent(s) or guardian and placing agencies, as appropriate. Each participant should read, sign and date these rules.

(3) Where a language or literacy problem exists which can lead to participant misunderstanding of agency rules and regulations, assistance shall be provided to the participant either by staff or by another qualified individual under the supervision of a staff member.

(4) In co-educational programs, male and female participants shall have equal access to all agency programs and activities.

(5) Within 30 days of admitting a youth in care, a residential or nonresidential alternative program shall conduct a comprehensive assessment of the youth and, on the basis of this assessment, shall develop a written, time-limited, goal-oriented individual treatment plan for the youth.

(6) The assessment shall be conducted by a treatment team. this team shall include persons responsible for implementing the service plan on a daily basis. At least one member of the team shall have an advanced degree in psychology, psychiatry, child care work, social work or related field and experience in providing direct services to youth and be certified and licensed in that area or supervised by a licensed worker.

(7) The treatment team shall assess the needs and strengths of the child in the following areas:

(a) Health care;

(b) Education;

(c) Personal/social development;

(d) Family relationships;

(e) Vocational training;

(f) Recreation; and

(g) Life skills development; and

(h) Risk level and criminogenic needs.

(8) All means used in this assessment shall be appropriate considering the youth's age, cultural background and dominant language or mode of communication.

(9) A residential or nonresidential alternative program shall provide an opportunity for the following persons to participate in the planning process:

(a) The youth, unless contraindicated;

(b) His/her parent(s) or guardian, unless contraindicated;

(c) Representative(s) of the placing agency;

(d) School personnel;

(e) Other persons significant in the youth's life; and

(f) When any of the above persons do not participate in the planning, the program shall have a written statement documenting its efforts to involve the person(s). When the involvement of parent(s) or guardian or youth is contraindicated, the reasons for the contradiction shall be documented.

(10) A residential or nonresidential alternative program shall have a written treatment plan. Any significant change in this plan shall be submitted to Juvenile Justice Services, the youth, parents or guardian, and/or other involved agencies for review prior to implementation. The written plan shall include the following:

(a) The name, position and qualifications of the person who has overall responsibility for the treatment program;

(b) Staff responsibility for planning and implementation of the treatment methods;

(c) Staff competencies and qualifications;

(d) The measurable goals to address behaviors or conditions for which methods are to be used;

(e) Restrictions on the use of coercive techniques to evoke an emotional response;

(f) Assessment procedures for ensuring the appropriateness of the treatment for each youth;

(g) Policies and procedures on involving and obtaining consent from the youth and parent(s) or guardian;

(h) Requirements, where appropriate, for medical examination of a youth prior to implementation of the treatment on a regular basis;

(i) Provisions for on-going monitoring and documentation;

(j) Provisions for regular and thorough review and analysis of the treatment data, the individualized treatment goals;

(k) Provisions for making appropriate adjustments in the treatment goals;

(l) Policies and procedures encouraging termination of the treatment goals at the earliest opportunity in the event of achievement of goals, or when the procedures are proving to be ineffective or detrimental for a particular youth; and

(m) Goals and preliminary plans for discharge and after care.

(11) The completed treatment plan shall be signed by the certified or licensed worker of the program; a representative of the child placing agency; the youth, if indicated, and the youth's parent(s) or guardian unless clearly not feasible.

(12) A residential or nonresidential alternative program shall review each treatment plan at least every six months or as specified in the DHS/DJJS contract and shall evaluate the degree to which the goals have been achieved. The treatment plan shall be revised as appropriate to the needs of the youth.

(13) Participant progress shall be reviewed at least monthly, either through staff meetings or by individual staff; the outcome of each review is documented.

(14) If a participant remains in a residential or nonresidential alternative program for six months, a written report shall be submitted by his/her case manager to the assistant program director and the committing authority stating the justification for keeping the juvenile in the program.

(15) Agreed upon progress reports shall be made available to the parent or legal guardian of each participant and to the referring agency.

(16) A residential or nonresidential facility shall have a statement describing the manner in which youth are arranged into groups within the facility and demonstrating that this manner of arranging youth into groups effectively addresses the needs of youth in care.

(17) A residential or nonresidential alternative program shall have written, comprehensive policies and procedures regarding discipline and control, which shall be explained to all youth, families, and staff and placing agencies. These policies shall include positive responses to appropriate behavior.

(18) A residential or nonresidential alternative program shall prohibit all cruel and unusual punishments including the following:

(a) Punishments including any type of physical hitting or any type of physical punishment inflicted in any manner upon the body;

(b) Physical exercises such as running laps or any performing of push-ups, when used solely as a means of punishment, except in accordance with a youth's treatment plan when such activities are approved by a physician and carefully supervised by the facility administration;

(c) Requiring or forcing the youth to take an uncomfortable position, such as squatting or bending, or requiring or forcing the youth to repeat physical movements when used solely as a means of punishment;

(d) Group punishments for misbehaviors of individuals except in accordance with the program's written policy;

(e) Punishment which subjects the youth to verbal abuse, ridicule or humiliation;

(f) Excessive denial of on-going program services or denial of any essential program service solely for disciplinary purposes;

(g) Withholding of any food included in the daily dietary requirements;

(h) Denial of visiting or communication privileges with family solely as a means of punishment;

(i) Denial of sufficient sleep;

(j) Requiring the youth to remain silent;

(k) Denial of shelter, clothing or bedding;

(l) Withholding of emotional response or stimulation;

(m) Chemical, mechanical or excessive physical restraint;

(n) Exclusion of the youth from entry to the residence; and

(o) Assignment of unduly physically strenuous or harsh work.

(19) Youth in care of a residential or nonresidential alternative program shall not punish other residents except as part of an organized therapeutic self-government program that is conducted in accordance with written policy and is supervised directly by staff.

(20) A residential or nonresidential alternative program shall ensure that all direct service staff members are trained in crisis behavior management and the appropriate use of verbal and physical restraint intervention methods.

(21) A residential or nonresidential alternative program shall not use any form of restraint other than those included in the approved crisis intervention and behavior management program identified by the resident and nonresident program.

(22) All cases of physical force or restraint shall be reported in writing, dated and signed by the staff person reporting the incident; the report shall be placed in the participant's case record and reviewed by supervisory and higher authority per DHS/DJJS Policy and Procedure incident report writing.

(23) A residential or nonresidential alternative program shall only use time-out (placement in locked or secure room) procedures when these procedures are in accordance with written policies of the facility. These policies shall include procedures for recording each incident involving the use of time-out. The facility policies shall outline other less restrictive responses to be used prior to using time-out.

(24) Each use of time-out procedures shall be directly supervised by direct care staff.

(25) The program's chief administrative officer, or designee, shall approve in writing any use of time-out procedures exceeding 30 minutes in duration.

(26) Written policy and procedure shall ensure that prior to room restriction or privileged suspension the youth has the reasons for the restriction explained to him/her, and has an opportunity to explain the behavior leading to the restriction.

(27) During room restriction staff contact shall be made with the youth at least every ten minutes to ensure the well-being of the youth; the youth assists in the determination of the end of the restriction period.

(28) Written policy and procedure shall ensure that prior to facility restriction for up to 48 hours the youth has the reasons for the restriction explained to him/her, and has an opportunity to explain the behavior leading to the restriction. Facility restriction may include lack of participation in any activities outside the facility except school, church, health and exercise needs.

(29) All instances of room restriction, privilege suspension and facility restriction shall be logged, dated and signed by staff implementing the discipline procedure; the log is reviewed by supervisory staff at least daily.

(30) In compliance with applicable laws, the program shall maintain and make public written policies and procedures for conducting searches of residents and all areas of the facility as standard operating procedure to control contraband and locate missing or stolen property.

(31) A written plan shall allow staff in residential or nonresidential alternative programs to monitor movement into and out of the facility, under circumstances specified in the plan.

(32) The program shall maintain a system of accounting for the whereabouts of its participants at all times.

(33) The program shall have written procedures for the detection and reporting of absconders to agency having jurisdiction, Juvenile Justice Services, and parents.

(34) The residential program shall use work assignments within the facility only insofar as they provide a constructive experience for youth and not as unpaid substitution for adult staff.

(35) Work assignments shall be in accordance with the age and ability of the youth and shall be scheduled so as not to conflict with other scheduled activities.

(36) A facility shall comply with all child labor laws and regulations in making work assignments.

(37) The residential or nonresidential alternative program shall ensure that any youth who is legally not attending school is either gainfully employed or enrolled in a training program geared to the acquisition of suitable employment or necessary life skills.

(38) A residential or nonresidential alternative program shall have a written plan for ensuring that a range of indoor and outdoor recreational and leisure opportunities are provided for youth in care. Such opportunities shall be based on both the individual interests and needs of the youth and the composition of the living group. Approved activities shall comply with DHS/DJJS Policies and Procedures.

(39) A residential or nonresidential alternative program shall ensure appropriate staff involvement in recreational and leisure activities.

(40) A residential or nonresidential alternative program shall utilize the recreational resources of the community whenever appropriate. The residential or nonresidential alternative program shall arrange the transportation and supervision required for maximum usage of community resources.

(41) A residential or nonresidential alternative program which has recreation staff shall ensure that such staff are apprised of and, when appropriate, involved in the development and review of service plans.

 

R547-1-9. Records.

(1) A residential or nonresidential alternative program shall maintain a written record for each youth which shall include administrative, treatment and educational data from the time of admission until the time the youth leaves the facility. A youth's case record shall include at least the following, if available.

(a) Initial intake information form which shall include the following:

(i) The name, sex, race, religion, birth date of the child;

(ii) The name, address, telephone number and marital status of the parent(s) or guardian of the child;

(iii) Date of admission and source of referral;

(iv) When the child was not living with his/her parent(s) prior to admission the name, address, telephone number and relationship to the child of the person with whom the child was living;

(v) Date of discharge, reason for discharge, and the name, telephone number and address of the person or agency to whom the child was discharged;

(vi) The child's court status, if applicable;

(vii) All documents related to the referral of the child to the facility;

(viii) Documentation of the current custody and guardianship and legal authority to accept child;

(ix) A copy of the child's birth certificate or a written statement of the child's birth date including the source of this information;

(x) Consent forms signed by the parent(s) or guardian prior to placement allowing the facility to authorize all necessary medical care, routine tests, immunizations and emergency medical or surgical treatment;

(xi) Program rules and disciplinary procedures signed by participant;

(xii) Cumulative health records;

(xiii) Education records and reports;

(xiv) Employment records;

(xv) Treatment or clinical records and reports;

(xvi) Evaluation and progress reports;

(xvii) Records of special or critical incidents; including notification of parent and Juvenile Justice Services worker in case of medical emergency or AWOL of child; and

(xviii) Individual service plans and related materials which include referrals to other agencies, process recordings, financial disbursements such as allowance, clothing, holidays.

 

R547-1-10. Communications.

(1) A residential or nonresidential alternative program shall have a written description of its overall approach to family involvement.

(2) A residential or nonresidential alternative program shall make every possible effort to facilitate positive communication between a youth in care and his/her parents or legal guardians.

(3) A residential program shall provide conditions of reasonable privacy for visits and telephone contacts between youth in care and their families.

(4) Flexible visiting hours shall be provided for families who are unable to visit at the regular times.

(5) Residential or nonresidential alternative programs shall strive to:

(a) Maintain and develop youth-family relationships;

(b) Enable parents and siblings to recognize and involve the youth as a continuing member of the family; and

(c) Ensure that parents exercise their legal rights and responsibilities in a manner compatible with the youth's best interests.

(6) Written policy provides, whenever possible and appropriate, that while a youth is in a residential facility, staff members shall counsel parents or guardians in preparation for the youth's return to their home or other placement; provision is made for trial visits prior to such decisions.

(7) The residential or nonresidential alternative program shall have written policies and procedures which provide increasing opportunities and privileges for youth involvement with family and in community activities prior to final release.

(8) Residential or nonresidential alternative programs shall give consideration to the special needs of youth without families and youth for whom regular family contact is impossible.

(9) A residential or nonresidential alternative program shall have written policies and procedures with respect to:

(a) The relationship between the program and community;

(b) Involvement of youth in community activities;

(c) Participation of the program in community planning to achieve coordinated programs and services for families and youth; and

(d) Strategies for the optimum use of community resources.

(10) In its use of community resources, the residential or nonresidential alternative program shall maintain a periodic inventory and evaluation of functioning community agencies.

(11) Staff shall use community resources, either through referrals for service or by contractual agreement, to provide residents with the services to become appropriately self-sufficient.

(12) The residential or nonresidential alternative program shall collaborate, whenever possible, with criminal justice and human services agencies in programs of information gathering, exchange and standardization.

(13) A residential program shall have a written plan of basic daily routines which shall be available to all personnel. This plan shall be revised as necessary.

(14) Youth shall participate in planning daily routines.

(15) Daily routines shall not be allowed to conflict with the implementation of a youth's service plan.

(16) The residential or nonresidential alternative program shall have a written policy regarding visiting and other forms of youth's communication with family, friends and significant others.

(17) Visiting and communication policy shall be developed with the goals of encouraging healthy family interaction, maximizing the youth's growth and development and protecting youth, staff and residential programs from unreasonable intrusions.

(18) Visiting and communication policy shall be provided to youth, staff members, parent(s) or guardian and placing agencies.

(19) The residential program shall provide opportunities for a youth in care to visit with parent(s) or guardian and siblings.

(20) The residential program shall schedule or supervise visits in accordance with the youth's service plan.

(21) A residential program shall have written procedures for overnight visits outside the facility including: procedures for recording the youth's location, the duration of the visit, the name and address of the person responsible for the youth while absent from the facility and the time of youth's return.

(22) A residential or nonresidential alternative program, shall have procedures established in cooperation with Juvenile Justice Services for determining and reporting the absence without leave of youth in care. These procedures must include notification of the youth's parent(s) or guardian, the placing agency and the appropriate law enforcement official.

(23) A residential or nonresidential alternative program shall permit a youth in care to receive and send mail. Program staff shall not open or read youth's mail; however, mail may be inspected for contraband in the presence of the receiving youth. Written program policies and practices concerning youth's mail shall conform with applicable federal laws and DHS/DJJS Policies and Procedures.

(a) If requested, the residential or nonresidential alternative program shall provide postage for the mailing of a minimum of two letters per week for each resident.

(24) A residential program shall be equipped with a sufficient number of telephones for the youth's use and shall have procedures, including documentation of all calls, for youth's use of these telephones.

(25) When the right of a youth in care to communicate in any manner with a person outside the program must be curtailed, the program shall:

(a) Inform the youth of the conditions of and reasons for restriction or termination of his right to communicate with the specific individual(s);

(b) Inform the individuals over whom the restriction or termination of personal contact with the youth has been placed of the conditions of and reasons for that action; and

(c) Place a written report summarizing the conditions of and reasons for restricting or termination of the youth's contact with the specified individual(s) into the youth's case record and forward a copy of this report to the Division of Juvenile Justice Services and review this decision at least weekly.

(26) A residential or nonresidential alternative program shall not bar a youth's attorney, clergyman or an authorized representative of the responsible placing agency from visiting, corresponding with or telephoning the youth.

 

R547-1-11. Education.

(1) A residential or nonresidential alternative program contracting to serve State or local agency youth shall abide by all standards developed by the State Board of Education for education of youth in custody.

(2) A new residential or nonresidential alternative program or facility will coordinate with the local school district on the number of youth to be educated and continue to coordinate on all new students.

(3) A residential or nonresidential alternative program shall ensure that every youth in its care attends an appropriate educational program in accordance with state law.

(4) A residential or nonresidential alternative program shall have a written description of its educational program which shall be provided to the youth and his/her parent(s) or guardian prior to the youth's admission.

(5) A residential or nonresidential alternative program shall not place a youth in care in an on-ground educational program unless such program is appropriate to the youth's needs.

(6) A residential or nonresidential alternative program shall ensure routine communication between the direct care team involved with a youth in care and any educational program in which the youth is placed.

(7) A residential or nonresidential alternative program shall provide appropriate space and supervision for quiet study after school hours. The program shall ensure that the youth has access to necessary reference materials.

(8) A residential or nonresidential alternative program shall ensure that educational, vocational preparation services and/or life skills training are available to a youth. Such training and services shall be appropriate to the age and abilities of the youth.

(9) Every attempt shall be made to ensure the continuity of educational programming for the youth.

(10) Prior to the youth's admission to the residential or nonresidential alternative program, the program shall attempt to secure the youth's previous educational records and shall create an appropriate educational program for the youth.

(11) The residential or nonresidential alternative program shall send the school of residence periodic reports of the youth's educational progress if it is likely that the youth will return to this school.

(12) Prior to discharge, the residential or nonresidential alternative program shall attempt to work with the youth's new school to ensure a smooth transition to the new educational environment.

 

R547-1-12. Discharge and Aftercare.

(1) At least three months or, as soon as possible, prior to planned discharge of a youth the treatment team (program advocate and case manager) shall formulate an aftercare plan specifying the supports and resources to be provided to the youth. Aftercare plans are to be kept in the youth's case record.

(2) Prior to discharge the treatment team shall ensure that the youth is aware of and understands his/her aftercare plan.

(3) When a youth is being placed in another residential or nonresidential alternative program following discharge, representatives of the treatment team shall, whenever possible, meet with representatives of that program prior to the youth's discharge to share information concerning the youth.

(4) A residential program shall have a written policy concerning emergency discharge and/or all other discharges not in accordance with a youth's treatment plan. This policy shall ensure that emergency discharges take place only when the health and safety of a youth or other youth might be endangered by the youth's further placement at the program.

(5) The residential program shall give at least 72 hours notice of discharge to the responsible agency, the parent(s) or guardian and the appropriate educational authorities.

(6) Written policy and procedure shall require that all transfers from one community residential or nonresidential alternative program to another allow for objections on the part of the youth involved; where such transfers are to a more restrictive environment, due process safeguards are provided.

(7) When a youth in care is discharged, a residential or nonresidential program shall compile a complete written discharge summary within 15 days of the date of discharge, such summary to be included in the youth's case record and a copy sent to the referring agency. This summary shall include:

(a) The name, address, telephone number and relationship of the person to whom the youth is discharged;

(b) When the discharge date was in accordance with the youth's service plan;

(c) A summary of services provided during care;

(d) A summary of growth and accomplishments during care;

(e) The assessed needs which remain to be met and alternate service possibilities which might meet those needs; and

(f) A statement of an aftercare plan and identification of who is responsible for follow-up services and aftercare.

(8) When the discharge date was not in accordance with the youth's treatment plan, the following items shall be added to the summary:

(a) The circumstances leading to the unplanned discharge; and

(b) The actions taken by the program and the reason for these actions.

 

R547-1-13. Confidentiality/Research.

(1) A residential or nonresidential alternative program shall have written procedures for the maintenance and security of records specifying who shall supervise, who shall have custody of records, and to whom records may be released. Records shall be the property of Juvenile Justice Services and the program shall secure records against loss, tampering or unauthorized use.

(2) A residential or nonresidential alternative program shall maintain the confidentiality of all youths' case records. Employees of the program shall not disclose or knowingly permit the disclosures of any information concerning the youth or his/her family, directly or indirectly, to any unauthorized person. All case records shall be marked "confidential" and kept in locked files, which are also marked "confidential".

(3) Without the voluntary, written consent of the parent(s) or guardian, a residential or nonresidential alternative program shall not release any information concerning a youth in care except to the youth, his/her parent(s) or guardian, their respective legal counsel, the court or an authorized public official in the performance of his/her mandated duties. Any releases of information will conform with the Utah Government Records Access and Management Act, Title 63G, Chapter 2.

(4) A residential or nonresidential alternative program shall, upon request for information, refer the request to the case manager.

(5) A residential or nonresidential alternative program may not use material from case records for teaching or research purposes, development of the governing body's understanding, knowledge of the program's services or similar educational purposes without prior written approval from the DHS Institutional Review Board.

(6) Written policy and procedure shall prohibit participation in medical or pharmaceutical testing for experimental or research purposes.

 

R547-1-14. Program Rules.

(1) A residential or nonresidential program shall have a written description of its religious orientation, particular religious practices that are observed and any religious restrictions on admission. This description shall be provided to the youth, the parent(s) or guardian and the placing agency.

(2) During the admission process the religious orientation and policy of the residential or nonresidential alternative program shall be discussed with the youth and his/her parent(s) or guardian. At this time, the program shall determine the wishes of the parent(s) or guardian and the youth regarding the youth's religious training.

(3) Every youth shall have the opportunity to participate in religious activities and services in accordance with his/her own faith or that of the youth's parent(s) or guardian. The residential or nonresidential alternative program shall, when feasible, arrange transportation to services and activities in the community.

(4) Youth may be encouraged to participate in religious activities but they shall not be coerced to do so.

(5) The youth's family and Juvenile Justice case manager shall be consulted on any change in religious affiliation made by the youth while he/she is in care.

(6) A residential or nonresidential alternative program shall reflect consideration for and sensitivity to the racial, cultural, ethnic and/or religious backgrounds of youth in care.

(7) The residential or nonresidential alternative program shall involve a youth in cultural and/or ethnic activities, appropriate to his/her cultural and/or ethnic background.

(8) A residential program shall have set routines for waking youth and putting them to bed.

(9) A residential program shall ensure that each youth has ready access to a trained direct care staff member throughout the night.

(10) When the needs of a youth so dictate, there shall be an awake staff member near his/her sleeping area.

(11) A residential program shall ensure that the possessions and sleeping area of a youth are not disrupted or damaged during the youth's temporary absence from the facility.

(12) A residential program shall ensure that no youth occupies a bedroom with a member of the opposite sex.

(13) Juveniles and adults shall not share sleeping rooms.

(14) A residential program shall ensure that each youth in care has adequate clean, well fitting, attractive and seasonable clothing as required for health, comfort and physical well-being and as appropriate to age, sex and individual needs.

(15) A youth's clothing shall be identifiably his/her own and not shared in common unless provided by the program.

(16) A youth's clothing shall be kept clean and in good repair. The child shall be involved in the care and maintenance of his/her clothing. As appropriate, laundering, ironing and sewing facilities shall be accessible to the youth.

(17) A residential program shall ensure that discharge plans make provisions for clothing needs at the time of discharge. All personal clothing shall go with a youth when he/she is discharged.

(18) A residential program shall allow a youth in care to bring his/her personal belongings to the program and to acquire belongings of his/her own in accordance with the youth's treatment plan. However, the program shall, as necessary, limit or supervise the use of these items while the youth is in care. Where extraordinary limitations are imposed, the youth shall be informed by staff of the reasons, and the decisions and reasons shall be recorded in the youth's case record. Provisions shall be made for the storage for youth's property. A monthly inventory sheet shall be maintained and updated.

(19) A residential program shall establish procedures to ensure that youth receive training in good habits of personal care, hygiene and grooming appropriate to their age, sex, race and culture.

(20) The residential program shall ensure personal supervision by staff for proper grooming and physical cleanliness of the youth.

(21) The residential program shall ensure that youth are provided with all necessary toiletry items.

(22) A residential program shall permit and encourage a youth in care to have his/her own money either by giving an allowance and/or by providing opportunities for paid work within the facility.

(23) Money earned, received as a gift or received as allowance by a youth in care shall be deemed to be that youth's personal property and documented in the youth's file.

(24) Limitations may be placed on the amount of money a youth in care may possess or have unencumbered access to when such limitations are considered to be in the youth's best interests and are duly recorded in the youth's file.

(25) A residential program shall assist youth in care to assume responsibility for damage done by developing a restitution plan that may utilize earnings and is duly recorded in the youth's individual file. The program shall assist the youth to pay court ordered restitution or fines by developing a payment schedule from earnings, if employed, or by referring the youth to a Division sponsored restitution project.

(26) Written policy and procedure shall provide for establishment of personal fund accounts for youth.

(27) The residential program shall maintain a separate accounting system for youth's money.

(28) A residential or nonresidential alternative program shall have a written grievance and appeal policy and procedure for youth. This procedure shall be written in a clear and simple manner and shall allow youth to make complaints without fear of retaliation.

(29) The grievance procedure shall be explained to the youth by a staff member on admission and documented in the youth's individual file.

 

R547-1-15. Physical Environment.

(1) Any individual or organization seeking certification of a residential or nonresidential alternative facility shall provide the following documentation to Juvenile Justice Services at the time of application:

(a) Evidence that the proposed site location of the facility will be appropriate to youth to be served in terms of individual needs, program goals and access to service facilities.

(b) Evidence that the proposed facility will meet zoning laws of the municipality in which the site is located and Department of Human Services regulations, including planning with local neighborhood counsels;

(c) A copy of the site plan and a sketch of the floor plan of the proposed facility; and

(d) A description of the way in which the facility will be physically harmonious with the neighborhood in which it is located considering such issues as scale, appearance, density and population.

(2) Every building or part of a building used as residential facility or nonresidential alternative program shall be constructed, used, furnished, maintained and equipped in compliance with all standards, regulations and requirements established by federal, state, local and municipal regulatory bodies.

(3) The governing authority shall designate who is permitted to live in the facility with concurrent authorization from the Division of Juvenile Justice Services.

(4) A residential or nonresidential facility shall ensure that all structures on the grounds of the facility are maintained in good repair and are free from any dangers to health or safety.

(5) A residential or nonresidential facility shall maintain the grounds of the facility in an acceptable manner and shall ensure the grounds are free from any hazard to health or safety;

(a) Garbage and rubbish which is stored outside shall be stored securely in noncombustible, covered containers and shall be removed on a regular basis not less than once a week;

(b) Trash collection receptacles and incinerators shall be located as to avoid being a nuisance to neighbors;

(c) Fences shall be in good repair;

(d) Areas determined to be unsafe, including steep grades, cliffs, open pits, swimming pools, high voltage boosters, or high speed roads, shall be fenced off or have natural barriers to protect youth; and

(e) Recreational equipment shall be so located, installed and maintained as to ensure the safety of youth.

(6) A residential or nonresidential facility shall have access to outdoor recreational space and suitable recreational equipment.

(7) Shrubbery and lawns shall be properly tended and trimmed for safety and appearance.

(8) Ground shall adequately drain either naturally or through installed drainage systems.

(9) At a minimum each facility shall have nine square yards of available grounds space per child in care unless there is ready and safe access to other recreational areas.

(10) Signs which might tend to identify children in care in a negative manner shall not be used.

(11) A residential or nonresidential facility shall be structurally designed to accommodate the physical needs of each youth in care.

(12) Each residential facility shall contain space for the free and informal use of youth in care. This space shall be constructed and equipped in a manner consistent with the programmatic goals of the facility.

(13) Space to accommodate group meetings of the residents shall be provided in the facility.

(14) A visiting area shall be provided in the facility.

(15) The residential facility shall provide an appropriate variety of interior recreation spaces.

(16) A residential facility shall provide a dining area which permit youth and staff to eat together.

(17) The residential facility shall provide a dining area which is clean, well lighted, ventilated and attractively furnished.

(18) A residential facility shall ensure that each bedroom space in the facility has a floor area, exclusive of closets, of at least 60 square feet for each occupant in a multiple occupant bedroom and 80 square feet in a single occupant bedroom.

(19) A residential facility shall not use any room with a ceiling height of less than seven feet six inches as a youth's bedroom.

(20) A residential facility shall not permit more than four youth to occupy a designated bedroom space. Beds must be placed at least three feet apart on all sides.

(21) A residential facility shall not use any room which does not have a source of natural light and is properly ventilated as a bedroom space.

(22) Each youth in care of a residential facility shall have his/her own bed. This bed shall be a standard twin size and shall have a clean, comfortable, nontoxic, fire-retardant mattress equipped with mattress cover, sheets, pillow, pillow case and blankets:

(a) Sheets and pillow cases shall be changed at least weekly but shall be changed more frequently if necessary.

(23) A residential program shall provide each youth in care with their own solidly constructed bed. Cot or other portable beds will not be used.

(24) A residential facility shall ensure that the uppermost mattress of any bunk bed in use shall be far enough from the ceiling to allow the occupant to sit up in bed.

(25) A residential facility shall provide each youth with his/her own dresser or other adequate storage space for private use, and a designated space for hanging clothing in proximity to the bedroom occupied by the youth.

(26) The decoration of sleeping areas in a residential facility shall allow some scope for the personal tastes and expressions of the youth.

(27) A residential facility shall have a minimum of one wash basin, one bath or shower with an adequate supply of hot and cold potable water for every six youth in care.

(a) Bathrooms shall be so placed as to allow access without disturbing other youth during sleeping hours;

(b) Bathrooms shall not open directly into any room in which food, drink or utensils are handled or stored;

(c) Each bathroom shall be properly equipped with toilet paper, towels, soap and other items required for personal hygiene unless youth are individually given such items and bath towels and wash cloths shall be changed weekly; and

(d) Tubs and showers shall have slip-proof surfaces.

(28) The residential facility shall provide toilets and baths or showers which allow for individual privacy unless youth in care require assistance.

(29) A bathroom in a residential facility shall contain mirrors secured to the walls at convenient heights and other furnishings necessary to meet the youths basic hygienic needs.

(30) Toilets, wash basins, and other plumbing or sanitary facilities in a residential facility shall, at all times, be maintained in good operating condition, and shall be kept free of any materials that might clog or otherwise impair their operation.

(31) Kitchens used for meal preparation in a residential facility shall be provided with the necessary equipment for the preparation, storage, serving and clean up of all meals for all of the youth and staff regularly served by such kitchens. All equipment shall be maintained in working order.

(32) Kitchen facilities and equipment shall conform to all health, sanitation and safety codes.

(33) Kitchen areas in a facility shall be so constructed to allow staff to limit youth's access to kitchen when necessary.

(34) A residential facility utilizing live-in staff shall provide adequate separate living space for these staff.

(35) A facility shall provide a space which is distinct from youth's living areas to serve as an administrative office for records, secretarial work and bookkeeping.

(36) A residential or nonresidential facility shall have a designated space to allow private discussions and counseling sessions between individual youth and staff.

(37) A facility shall have comfortable customary furniture as appropriate for all living areas. Furniture for the use of youth shall be appropriately designed to suit the size and capabilities of these youth.

(38) There shall be evidence of routine maintenance and cleaning programs in all areas of the residential or nonresidential facilities.

(39) A residential or nonresidential alternative program shall replace or repair broken, run-down or defective furnishings and equipment promptly.

(a) Outside doors, windows and other features of the structure necessary for security and climate control shall be repaired within 24 hours of being found to be in a state of disrepair.

(40) Any designated bedroom space in a facility, where the bedroom is not equipped with a mechanical ventilation system, shall be provided with windows which have an openable area at least 5% as large as the total floor area of the bedroom space.

(41) A residential or nonresidential alternative program shall provide insect screening for all openable windows unless the facility is centrally air conditioned. This screening shall be readily removable in emergencies and shall be in good repair.

(42) A residential program shall ensure that all closets, bedrooms and bathrooms which have doors are provided with doors that can be readily opened from both sides.

(43) A residential or nonresidential alternative program shall ensure that there are sufficient and appropriate storage facilities.

(44) A residential or nonresidential alternative program shall have securely locked storage spaces for all potentially harmful/hazardous materials. Keys to such storage spaces shall be available only to authorized staff members.

(a) Poisonous, toxic, and flammable materials shall be stored in locked storage space that is not used for other purposes;

(b) The facility shall have only those poisonous or toxic materials required to maintain the facility; and

(c) Medications, personnel files and case records shall be kept in locked storage spaces and access to medications, personnel files and case records are to be carefully limited to authorized persons.

(45) A residential or nonresidential alternative program shall ensure that all electrical equipment, wiring, switches, sockets and outlets are maintained in good order and safe conditions.

(46) Any room, corridor or stairway within the residential or nonresidential alternative program shall be sufficiently illuminated.

(47) Corridors within the residential program's sleeping areas shall be illuminated at night.

(48) A residential or nonresidential alternative program shall provide adequate lighting of exterior areas to ensure the safety of youth and staff during the night.

(49) A residential or nonresidential alternative program shall take all reasonable precautions to ensure that heating elements, including hot water pipes, are insulated and installed in a manner that ensures the safety of youth.

(50) A residential or nonresidential alternative program shall maintain the spaces used by youth at temperatures in accordance with federal, state and local laws.

(51) Hot water accessible to youth in a facility shall be regulated to a temperature not in excess of 110 degrees F.

(52) A residential facility using water from any source other than public water supply shall ensure that such water is annually tested by the local public health authority. The most recent test report shall be kept on file.

(53) A residential or nonresidential facility shall not utilize any excessive rough surface or finish where this surface or finish may present a safety hazard to youth.

(54) A facility shall not have walls or ceiling surfaces with materials containing asbestos.

(55) A facility shall not use lead paint for any purpose within the facility or on the exterior or grounds of the facility nor shall the facility purchase any equipment, furnishings or decorations surfaced with lead paint.

(56) A facility shall use durable materials and wall surfaces.

(57) A facility shall, where appropriate, use carpeting to create a comfortable environment. Carpeting in use should be nontoxic and fire-retardant.

 

R547-1-16. General Safety.

(1) The residential or nonresidential alternative program shall have written procedures and a system that helps provide for staff and participant safety and privacy needs, and assists in protecting and preserving personal property.

(2) Each residential and nonresidential alternative program shall have 24-hour telephone service. Emergency telephone numbers, including fire, police, physician, poison control, health agency and ambulance shall be conspicuously posted adjacent to the telephone.

(3) A residential or nonresidential program shall notify Juvenile Justice Services immediately of a fire or other disaster which might endanger or require the removal of youth for reasons of health and safety.

(4) All containers of poisonous, toxic and flammable materials kept in a facility shall be prominently and distinctly marked or labeled for easy identification as to contents and shall be used only in such manner and under such conditions as will not contaminate food or constitute hazards to the youth in care of staff.

(5) Porches, elevated walkways and elevated play areas within a facility shall have barriers to prevent falls.

(6) Every required exit, exit access and exit discharge in a facility shall be continuously maintained free of all obstructions or impediments to immediate use in the case of fire or other emergency.

(7) Power driven equipment used by the facility shall be kept in safe and good repair. Such equipment shall be used by youth only under the direct supervision of a staff member and according to the state law.

(8) A facility shall have procedures to ensure the facility is protected from infestation by pests, rodents or other vermin.

(9) Youth in care of a residential or nonresidential alternative program shall swim only in areas considered by responsible staff as being safe. A certified individual shall be on duty when the youth are swimming. A certified individual is one who has a current water safety instructor certificate or senior lifesaving certificate from the Red Cross or its equivalent.

(10) All on-grounds pools shall be enclosed with safety fences and shall be regularly tested to ensure that the pool is free of contamination.

(11) On-ground pools shall comply with Department of Public Health requirements concerning swimming pools.

(12) A residential or nonresidential facility shall have written policy and procedure specify the facility's fire prevention regulations and practices to ensure the safety of staff, participants and visitors. These include, but are not limited to: provision for an adequate fire protection service; a system of fire inspection and testing of equipment by a local fire official at least annually; smoke detectors; fire extinguishers, alarm systems and fire exits.

(13) The facility shall comply with the regulations of the state or local fire safety authority, whichever has primary jurisdiction over the agency.

(14) A residential or nonresidential facility shall have written procedures for staff and youth to follow as written in the program's Emergency Management and Continuity Plan. These procedures shall include provisions as outlined in the current DHS/DJJS contract or the DHS/DJJS Emergency Response and Evacuation Procedures. Staff shall be trained at least annually on this plan.

(15) A residential or nonresidential alternative program shall conduct emergency drills which shall include actual evacuation of youth to safe areas at least quarterly. The program shall ensure that all personnel on all shifts are trained to perform assigned tasks during emergencies and ensure that all personnel on all shifts are familiar with the use of the fire-fighting equipment in the facility:

(a) A record of such emergency drills shall be maintained;

(b) All persons in the building shall participate in emergency drills;

(c) Emergency drills shall be held at unexpected times and under varying conditions to simulate the possible conditions in case of fire or other disasters;

(d) A residential or nonresidential alternative program shall make special provisions for evacuation of any physically handicapped youth in the facility; and

(e) The residential or nonresidential alternative program shall take special care to help emotionally disturbed or perceptually handicapped youth understand the nature of such drills.

(16) A residential or nonresidential alternative program shall maintain an active safety program including investigation of all incidents and recommendations for prevention.

(17) A residential or nonresidential alternative program shall ensure that each youth is provided with the transportation necessary for implementing the youth's treatment plan.

(18) A residential facility or nonresidential alternative program shall have means of transporting youth in case of emergency.

(19) Any vehicle used in transporting youth in care of the residential or nonresidential alternative program shall be properly licensed and inspected in accordance with state law.

(20) Any staff member of a residential or nonresidential alternative program or other person acting on behalf of the program operating a vehicle for the purpose of transporting youth shall be properly licensed to operate that class of vehicle according to state law.

(21) A residential or nonresidential alternative program shall not allow the number of persons in any vehicle used to transport youth to exceed the number of available seats in the vehicle. Seat belts will be available for each seat and use is mandatory.

(22) All vehicles used for the transportation of youth shall be maintained in a safe condition, be in conformity with all applicable motor vehicle laws, and be equipped in a fashion appropriate for the season.

(23) A residential or nonresidential alternative program shall ensure that there is adequate supervision in any vehicle used by the facility to transport youth in care.

(24) Identification of vehicles used to transport youth in care of a residential or nonresidential alternative program shall not be of such nature as to embarrass or in any way produce notoriety for the youth.

(25) A residential or nonresidential alternative program shall ensure that any vehicle used to transport youth has at least the minimum amount of liability insurance required by State law or DHS/DJJS contract.

(26) A residential or nonresidential alternative program shall ascertain the nature of any need or problem of a youth which might cause difficulties during transportation, such as seizures, a tendency towards motion sickness or a disability. The program shall communicate such information to the operator of any vehicle transporting youth in care.

(27) Youth in the care of a residential or nonresidential alternative program shall not engage in any potentially dangerous activity.

 

R547-1-17. Food Service.

(1) A residential or nonresidential alternative program shall ensure that a youth is, on a daily basis, provided with food of such quality and of such quantity as to meet the recommended daily dietary allowances adjusted for age, gender and activity of the Food Nutrition Board of the National Research Council.

(2) A person designated by the DJJS Program Director or Assistant Program Director of a program shall be responsible for the total food service of the facility.

(3) A person responsible for food service shall:

(a) Maintain a current list of youth with special nutritional needs;

(b) Have an effective method of recording and transmitting diet orders and changes;

(c) Record in the youth's medical records information relating to special nutritional needs; and

(d) Provide nutrition counseling to staff and youth.

(4) When the residential or nonresidential alternative program provides food service, food service staff shall develop advanced planned menus and substantially follow the schedule.

(5) A residential program shall ensure that a child in care is provided at least three meals or their equivalent available daily at regular times with not more that 14 hours between evening meal and breakfast. Between meal snacks of nourishing quality shall be offered.

(6) The residential or nonresidential alternative program shall ensure that the food provided to a youth in care by the program is in accord with his/her religious beliefs.

(7) No youth in care at a residential or nonresidential alternative program shall be denied a meal for any reason except according to a doctor's order.

(8) A residential or nonresidential alternative program shall ensure that, at all meals served at the facility, staff members eat substantially the same food served to youth in care, unless special dietary requirements dictate differences in diet. Staff members shall be present to eat at youths' tables for the major meal of the day.

(9) A residential or nonresidential alternative Programs that provide food service shall encourage youth to participate in the preparation, serving and clean up of meals and ensure that all food handlers comply with applicable State or local health laws and regulations.

(10) When the residential or nonresidential alternative program provides food service, all food service personnel shall have clean hands and fingernails, wear hairnets or caps and clean, washable garments, are in good health and free from communicable disease and open infected wounds, and practice hygienic food handling techniques.

(11) When the residential or nonresidential alternative program provides food service, all foods shall be properly stored at the completion of each meal.

(12) A residential program shall not use disposable dinnerware at meals on a regular basis unless the facility documents that such dinnerware is necessary to protect the health or safety of youth in care.

(13) A residential program shall ensure that all dishes, cups and glasses used by youth in care are free from chips, cracks or other defects.

 

R547-1-18. Medical Care.

(1) A residential program shall ensure the availability of a comprehensive or preventive, routine and emergency medical and dental care plan for all youth in care. The program shall have a written plan for providing such care. The plan shall include:

(a) A periodic health screening of each youth;

(b) Establishment of an on-going immunization program;

(c) Approaches that ensure that any medical treatment administered will be explained to the youth in language suitable to his/her age and understanding;

(d) An on-going relationship with a licensed physician and dentist to advise the program concerning medical and dental care as required by the youth;

(e) Availability of a physician on a 24 hours a day, seven days a week basis; and

(f) The program shall show evidence of access to the resources outlined in the plan.

(2) A residential program which provides services for emotionally disturbed youth in an open setting shall have well established psychiatric resources available on both an on-going and emergency basis.

(3) A residential or nonresidential program will establish policies and procedures for serving youth with communicable diseases that are consistent with those standards by the Department of Human Services and follow public health guidelines.

(4) A residential program shall arrange for a general medical examination by a physician for each youth in care within 30 days of admission unless the youth has received such an examination within six months before admission and the results of this examination are available to the facility.

(5) The medical examination shall include:

(a) An examination of the youth for physical injury and disease;

(b) Vision and hearing tests; and

(c) A current assessment of the youth's general health.

(6) Whenever indicated, the youth shall be referred to an appropriate medical specialist for either further assessment or treatment.

(7) A residential program shall arrange an annual physical examination of all youth.

(8) A residential or nonresidential program shall ensure that youth receive timely, competent medical care when they are ill and that they continue to receive necessary follow-up medical care.

(9) A residential program shall make every effort to maintain the youth in his/her normal environment during illness.

(10) A residential program shall ensure that each youth has had a dental examination by a dentist within 60 days of the youth's admission unless the youth has been examined within 6 months prior to admission and the program has the results of that examination.

(11) Each youth shall have dental examination as recommended by a dentist but shall not be less frequent than every 12 months.

(12) A residential program shall ensure that the youth receives any necessary dental work.

(13) A residential program shall make every effort to ensure that a youth in care who needs glasses, a hearing aid, a prosthetic device or a corrective device is provided with the necessary equipment or device.

(14) A residential program shall ensure that the youth has received all immunizations and booster shots which are required by the Department of Health within 30 days of his/her admission.

(15) A residential program shall not require a youth in care to receive any medical treatment when the parent(s) or guardian of the youth or the youth objects to such treatment on the grounds that it conflicts with the tenets and practices of a recognized church or religious denomination of which the parent(s), guardian or youth is an adherent. In potentially life threatening situations, the problem shall be referred to appropriate medical and legal authorities.

(16) A residential program shall maintain complete health records of a youth including: A complete record of all immunizations provided, a record of any medication, records of vision, physical or dental examinations and a complete record of any treatment provided for specific illnesses or medical emergencies.

(17) Upon discharge, the program shall provide a copy or summary of the youth's health record to the person or agency responsible for the future planning and care of the youth.

(18) A residential program shall make every effort to compile a complete past medical history on every youth. This history shall, whenever possible, include:

(a) Allergies to medication;

(b) Immunization history;

(c) History of serious illness, serious injury or major surgery;

(d) Developmental history;

(e) Current use of prescribed medication; and

(f) Medication history.

(19) The program health care plan shall specify that only licensed physicians, APRN and dentists prescribe treatment for participants' medical and dental needs. Medical treatment by medical personnel other than a physician shall be performed pursuant to written standing or direct orders issued by the physician.

(20) A residential or nonresidential alternative program shall have written policies and procedures governing the use and administration of medication to youth. These policies and procedures shall be disseminated to all staff responsible for administering medication.

(21) The written policies shall specify the conditions under which medications can be administered; who can administer medication; procedures for documenting the administration of medication and medication errors and drug reactions; and procedures for notification of the attending physician in cases of medication errors and/or drug reactions.

(22) A residential or nonresidential alternative program shall inform a youth and his/her parents(s) or guardian of the potential side effects of prescribed medications.

(23) A residential or nonresidential alternative program shall ensure that a youth is personally examined by the prescribing physician/APRN prior to receiving any medication. In cases of medical emergency, telephone orders for the administration of medication may only be placed by a licensed physician/APRN.

(24) State licensure and certification requirements shall apply to health care personnel working in the residential or nonresidential alternative program the same as those in the community.

(25) A residential or nonresidential alternative program shall maintain a cumulative record of all medication dispensed to youth including:

(a) The name of the youth;

(b) The type and usage of medication;

(c) The reason for prescribing the medication;

(d) The time and date medication is dispensed;

(e) The name of the dispensing person; and

(f) The name of the prescribing physician.

(26) When a youth first comes into care, a residential or nonresidential alternative program shall ascertain all medication the youth is currently taking. At this time the facility shall carefully review all medication the youth is using and make plans, in consultation with a licensed physician/APRN, to either continue the medication or to reconsider the medication needs of the youth considering the changed living circumstances.

(27) A residential or nonresidential alternative program shall have a written medication schedule for each youth to whom medication is prescribed. A youth's medication schedule shall contain the following information:

(a) Name of youth;

(b) Name of prescribing physician/APRN;

(c) Telephone number at which prescribing physician/APRN may be reached in case of medical emergency;

(d) Date on which medication was prescribed;

(e) Generic and commercial name of medication prescribed;

(f) Dosage level;

(g) Time(s) of day when medication is to be administered;

(h) Possible adverse side effects of prescribed medication; and

(i) Date on which prescription will be reviewed.

(28) A residential or nonresidential alternative program shall provide a copy of a youth's medication schedule to all staff members responsible for administering the medication to the youth and such schedule shall subsequently be placed in the youth's case record.

(29) The agency shall have a written policy for the collection of urine samples and interpretation of results.

(30) A residential or nonresidential alternative program shall not engage in the therapeutic use of psychotropic medications unless approval of such use by that program has been granted by Division of Juvenile Justice Services.

(31) A residential program which uses psychotropic medications prescribed by an independent physician/APRN shall have a written policy governing the use of psychotropic medications at the facility. This policy shall include the following:

(a) Identification of doctors/APRN permitted to prescribe psychotropic medications and their qualifications;

(b) Identification of persons permitted to administer psychotropic drugs and their qualifications;

(c) Criteria for the use of psychotropic medications;

(d) A description of the program's medication counseling program;

(e) Procedures for obtaining informed consent from the youth and the parent(s) or guardian where consent is required;

(f) Procedures for monitoring and reviewing use of psychotropic medication;

(g) Procedures for staff training related to the monitoring of psychotropic medication;

(h) Procedures for reporting the suspected presence of undesirable side effects; and

(i) Record keeping procedures.

(32) Psychotropic medication policy shall be disseminated to all direct care staff.

(33) A residential program which uses psychotropic medications shall maintain a routine medication counseling program designed to inform youth to whom medications are being administered and their parent(s) or guardian of the projected benefits and potential side effects of such medication.

(34) Unless there is a court order to the contrary, a residential program shall ensure that the parent(s) or guardian of a youth for whom medication is prescribed give prior, informed, written consent to the use of that medication at a particular dosage.

(35) When a youth is 14 years of age or older, the residential program shall also obtain prior, informed, written consent from the youth except when the youth lacks the capacity for informed consent.

(36) Either the youth and his/her parent(s) or guardian shall have the right to revoke medication consent at any time. When consent is revoked, administration of the medication shall cease immediately. The residential program shall inform the prescribing physician/APRN and may, if indicated, seek a court order to continue medication.

(37) When medication consent is revoked by a youth, the residential program shall notify the parent(s) or guardian.

(38) A residential program shall immediately file a statement describing the circumstances under which medication consent has been revoked. This statement shall be provided to the youth, the parent(s) or guardian, and the responsible agency.

(39) A residential program which uses psychotropic medications shall ensure that a youth is personally examined by the prescribing physician prior to commencing administration of a psychotropic drug.

(40) The prescribing physician/APRN shall provide a written initial report detailing the reasons for prescribing the particular medication, expected results of the medication and alerting facility staff to potential side effects.

(41) Either the prescribing physician/APRN or another physician/APRN shall provide a written report on each youth receiving psychotropic medication at least every 30 days based on actual observation of the youth and review of the daily monitoring reports. This 30 day report shall detail the reasons medication is being continued, discontinued, increased in dosage, decreased in dosage or changed.

(42) A residential program which uses psychotropic medications shall ensure that usages of medication are in accordance with the goals and objectives of the youth's treatment plan.

(43) Psychotropic medications shall not be administered as a means of punishing or disciplining a youth.

(44) Psychotropic medications shall not be used unless less restrictive alternatives have either been tried and failed or are diagnostically eliminated.

(45) Licensed nurses or physicians/APRNS shall supervise the administration of all psychotropic medications.

(46) A residential program which uses psychotropic medications shall ensure that each youth who receives medication is the subject of a daily monitoring report completed by a facility staff member trained in the recognition of side effects of the medication prescribed. This report shall be submitted to the prescribing physician/APRN.

(47) A residential program which uses psychotropic medications shall maintain the following information in the case record of each youth receiving the medication:

(a) Medication history;

(b) Documentation of all less restrictive alternatives either used or diagnostically eliminated prior to use of medication since entry into the program;

(c) Description of any significant changes in the youth's appearance or behavior that may be related to the use of medication;

(d) Any medication errors;

(e) Monitoring reports; and

(f) Medication review reports.

(48) A residential program which uses psychotropic medications shall obtain an independent analysis of the facility's medication program at least annually.

(49) A residential or nonresidential alternative program shall have written procedures for staff members to follow in case of medical emergency. These procedures shall both define the circumstances that constitute a medical emergency, and include instructions to staff regarding their conduct once the existence of a medical emergency is suspected or has been established.

(50) A residential or nonresidential alternative program shall ensure that at all times, at least one staff member on duty is qualified to administer first aid.

(51) A residential or nonresidential alternative program shall maintain a list of first aid equipment and supplies to ensure sufficient availability of equipment and supplies at all times.

(52) A first aid kit shall be available in a nonresidential facility and in each living unit of a residential facility, with type, size and contents to be determined according to the American Red Cross' current guidelines.

(53) A residential or nonresidential alternative program shall immediately notify the youth's parent(s) or guardian and Juvenile Justice Services of any serious illness, incident involving serious bodily injury or any severe psychiatric episode involving a youth.

(54) In the event of the death of a youth, a program shall immediately notify the youth's parent(s) or guardian, the placing agency and Juvenile Justice Services. The agency shall cooperate in arrangement made for examination, autopsy or burial.

(55) In the event of sudden death, a residential program shall notify the medical examiner or other appropriate authority, or law enforcement official, the placement agency, parent and Juvenile Justice Services.

 

R547-1-19. Child Abuse and Neglect.

(1) A residential or nonresidential alternative program shall require each staff member of the program or facility to read and sign a statement clearly defining child abuse and neglect and outlining the staff member's responsibility to report all incidents of child abuse or neglect according to state law, and the Department and Division Code of Conduct, and to report all incidents to the Program Director, the Division of Juvenile Justice Services, Program Director and Office of Internal Investigations.

(2) A residential or nonresidential alternative program shall have written policy and procedures for handling any suspected incident of child abuse including:

(a) A procedure for ensuring that the staff member involved does not work directly with the youth involved or any other youth in the Juvenile Justice Services licensed and/or contracted, or Juvenile Justice Services operated program or facility until the investigation is completed or formal charges filed and adjudicated;

(b) A procedure for disciplining any staff member found involved in an incident of child abuse or Code of Conduct Violation including termination of employment if found guilty of felony child abuse (misdemeanor guilty findings require Juvenile Justice Services Director approval for continued employment);

(c) R547-1-19(2)(a) and (b) apply to staff members accused of abuse of children other than in a Juvenile Justice Services licensed and/or contracted program or facility and/or outside their scope of employment.

(d) Failure to implement and comply with R547-1-19(2), A, B, and C may result in immediate suspension or revocation of the program license as required by the Utah Code, 62A-7-106.5 and 62A-2-113.

 

KEY: diversion programs, juvenile corrections, licensing, prohibited items and devices

Date of Enactment or Last Substantive Amendment: June 11, 2009

Notice of Continuation: May 1, 2012

Authorizing, and Implemented or Interpreted Law: 62A-7-106.5]