This filing was published in the 04/15/2009, issue, Vol. 2009, No. 8, of the Utah State Bulletin.
Human Services, Juvenile Justice Services
Residential and Nonresidential, Nonsecure Community Program Standards
NOTICE OF PROPOSED RULE
DAR File No.: 32453
Filed: 03/18/2009, 04:45
Received by: NL
Purpose of the rule or reason for the change:
The purpose of this amendment is to add an Authority Statement to the rule; and in response to H.B. 63 from the 2008 General Session, the agency is required to change the code citations to match the recodification of Title 63. Also, the rule needed to be revised and brought into accordance with current standards and practices. (DAR NOTE: H.B. 63 (2008) is found at Chapter 382, Laws of Utah 2008, and was effective 05/05/2008.)
Summary of the rule or change:
The Authority Statement has been added as a new Section R547-1. All of the following sections were renumbered. Additionally, the appropriate citations are changed to match the recodification. Revisions and changes were made to bring the rule into compliance.
State statutory or constitutional authorization for this rule:
Anticipated cost or savings to:
the state budget:
None because changes are clarifying only.
None because changes are clarifying only.
small businesses and persons other than businesses:
None because changes are clarifying only.
Compliance costs for affected persons:
None because changes are clarifying only.
Comments by the department head on the fiscal impact the rule may have on businesses:
None because changes are clarifying only. Lisa-Michele Church, 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
120 N 200 W
SALT LAKE CITY UT 84103-1500
Direct questions regarding this rule to:
Judy Hammer at the above address, by phone at 801-538-4098, by FAX at 801-538-4334, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Dan Maldonado, Director
R547. Human Services, Juvenile Justice Services.
R547-1. Residential and Nonresidential, Nonsecure Community Program Standards.
01.] 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.
02.] 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.
01.] 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.
02.] 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.
03.] 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.
04. A residential or nonresidential alternative
program shall assemble and make available upon request to Juvenile Justice
Services the following information and documents: A. Governing structure, including the charter,
articles of incorporation;]
B. By-laws or other legal basis for its
C.] Organizational structure of facility or
D.] Job description of facility or program
E.] Names and positions of persons authorized to
sign agreements, contracts and submit official documentation to Juvenile
F.] Board structure and composition, with names
and addresses and terms of memberships;
G.] Existing purchase of service agreements;
H.] Insurance coverage, required by contract;
of compliance with existing sanitation, health and fire codes and reports of
inspection and action taken;
J.] Procedure for notifying interested parties
of changes in the facility's policy and programs;
K.] A master list of all social services
providers which the facility uses; and
L.] Financial and program audits and reviews.
05.] 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 55-12-1, and the
Interstate Compact on the Placement of Children, Section 62A-4a-701.
06.] 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 [ notified] by the division or the court.
07.] 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.
08.] 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.
09.] The governing [ board]
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) [ with one member not being an
employee or officer but from the outside community;]
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;
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
14. The governing body of the program will abide
by and show evidence of meeting the Civil Rights Act of 1964, Title 504, and
Americans with Disabilities Act of 1990, 42 U. S. C. 12101. 15.] 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.
16.] 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.
17.] 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
18.] 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
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.
19.] 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.
20.] 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.
21.] The governing body, in concert with the
program administrator, shall use the findings of evaluation studies in
decision-making and policy development.
22.] 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.
23.] 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.
24.] [ No employee or member of the immediate family
of an employee of Juvenile Justice Services shall be a member of the governing
body of the program.]
25.] The residential or nonresidential
alternative program shall have written minutes of all meetings of the governing
body of the program.
26.] 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.
27.] 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
28.] The Advisory Board of the publicly-operated
residential or nonresidential facility shall advise and assist the
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:
(1)] Semi-annual visits to the residential or
nonresidential alternative program.
(2)] 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.
29.] 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.
30.] 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.
31.] A 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.] 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.
B. 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. 32. The privately-operated residential or
nonresidential alternative program shall identify, document and publicize its
tax status with the Internal Revenue Service. 33. The privately-operated 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. 34. 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. 35. 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 aims. 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. 36. 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.
3]. Fiscal Management.
01.] 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
02.] The 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.
03.] The program shall prepare a[ n annual] written budget of
anticipated revenues and expenditures which is approved by the appropriate
governing authority and included as part of the written contract.
04.] The program director shall participate in
budget reviews conducted by the governing board or parent governmental agency.
05.] The program director shall present a budget
request which is adequate to support the programs of the agency.
06.] The agency shall have written policies which
govern revisions in the budget.
07.] 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.
08.] The 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.
09.] The 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 program shall have a written policy for inventory control of
all property and assets.
11.] The program shall have a written policy for purchasing and
requisitioning supplies and equipment.
12.] The 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
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
14.] 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
15. The program shall have a written policy
which ensures that it conforms to governmental statutes and regulations
relating to campaigning, lobbying, and political practices. 16.] 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.
17.] 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.
18.] 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
19.] 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.
20.] 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
21.] 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.
22.] The insurance [ program]
of the program should be examined annually to assure adequate coverage.[ 23. 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. 24. 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. 25. 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. 26. All photographs and recordings shall be used
in a manner which respects the dignity and confidentiality of the youth.]
01.] 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.
02.] A residential or nonresidential alternative
program shall ensure that all staff members are properly certified and/or
licensed as legally required.
03.] Each 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.
04.] 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.
05.] 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.
06.] 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.
07.] The agency personnel policies include, at a
A.] Organization chart;
B.] Employment practices and procedures,
including in-service training and staff development;
A 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;
H.] Personnel records;
L.] Hours of work;
M.] Salaries (or the base for determining
N.] Disciplinary procedures;
O.] Termination; and
08.] The residential or nonresidential
alternative program shall have a written policy which outlines experience and
education substitutes if the agency permits such substitutions.
09.] 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 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 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
17.] The 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
A.] The application for employment and/or
B.] Reference letters from former employer(s)
and personal references or phone notes on such references;
C.] Any required medical examinations;
D.] Applicable professional
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 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
25.] A residential or nonresidential alternative
program shall ensure that each direct [ service] staff member
receives at least [ 40] hours of training activities during each 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 [ service] staff members
receive appropriate training [ in the following areas][ : A. The facility's emergency and safety
procedures on semi-annual basis; B. The principles and practices of child care; C. The facility's administrative procedures and
overall program goals; D. Acceptable behavior management techniques; E. Crisis management; F. First aid and CPR training; and G. Passive physical restraint. 27. A residential or nonresidential alternative
program shall have an introductory training and orientation to emergency and
safety procedures, material in agency policy and procedures manual, and the
responsibility of the staff member's job.
This orientation should be prior to staff member assuming job
28.] Inexperienced direct [ service]
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.
29.] 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.
30.] Within the probationary period after
employment, each new direct [ service] 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.
31.] 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.
32.] The program staff shall maintain membership
and participate in professional associations and activities on the local and
national levels, where appropriate.
33.] 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 [ of 1 to 12 or ]as [ agreed upon]
34.] A residential or nonresidential alternative
program shall have [ adequate] staff [ coverage] at all times as appropriate considering the time of day and the
size and nature of the program.
35.] The staff pattern of the facility shall
concentrate staff when most participants are available to use facility
36.] 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.
37.] 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 [ Youth
38.] 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.
39.] A residential or nonresidential alternative
program shall establish procedures which facilitate participation and feedback
by staff members in policy-making planning and program development.
40.] A residential or nonresidential alternative
program shall obtain [ a ]professional service required for the
implementation of the individual service plan of a youth that is not available
from employees of the program.
41.] 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.
42.] 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
43.] 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
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 [ and ]reference
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.
44.] Volunteers shall be recruited from all
cultural and socio-economic segments of the community.
45.] The [ community ]residential or
nonresidential program shall designate a staff member who
serves as supervisor of volunteer services for residents.
46.] The program shall have a written policy specifying that volunteers
perform professional services only when certified or licensed to do so.
47.] 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
48.] The 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.
49.] 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.
50.] A residential or nonresidential alternative
program shall ensure that students meet all of the criteria established by the
program for student placement service.
51.] 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.
52.] 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.
5]. Admission Policies and Procedures.
01.] 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.
02.] 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.
03.] A residential or nonresidential alternative
program shall not refuse admission to any youth on the grounds of race or ethnic origin.
04.] A residential or nonresidential alternative
program shall not admit more youth into care than the number specified in the
05.] A residential or nonresidential alternative
program shall not accept any youth for placement whose needs cannot be
adequately met by the program.
06.] When refusing admission to a youth, a program
shall provide a written statement of the reason for refusal of admission to the
07.] 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.
08.] A residential or nonresidential alternative
program shall make its admission process as short in duration as possible.
09.] 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 sole contract [ program ]shall not
consider [ a] youth for care[ except that the youth is referred by the Juvenile Justice
Services screening team, Youth Parole Authority or the juvenile court judges.]
11.] A residential or nonresidential 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.
13.] A residential or nonresidential 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
C.] Authorization to care for the youth;
D.] Authorization to obtain medical care for the
E.] [ Arrangements
regarding] family [ visits], [ vacation], mail, [ gifts, ]and telephone calls;
F.] Arrangements as to the nature of agreed upon
reports and meetings involving the parent(s) or guardian and referral agency;
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. 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. 16.] Each youth in care of a
residential or nonresidential program shall be assigned a
staff person who carries out the function of a [ prime worker] in the program.
17.] A residential or nonresidential 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.
18.] A residential program shall assign a staff
member, preferably the youth's [ prime worker], to
orient the youth and his/her parent(s) or guardian, if they are available, to [ life
at] the facility.
6]. Service Planning and Child Management.
01.] A residential or nonresidential 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
B.] Acceptable staff responses to inappropriate
C.] The description shall be provided to all
02.] 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.
03.] 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.
04.] In co-educational programs, male and female
participants shall have equal access to all agency programs and activities.
05. A residential or nonresidential alternative
program shall have a written overall and treatment plan. Any significant change in this plan shall be
submitted to Juvenile Justice Services 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 procedures and techniques; C. Staff competencies and qualifications; D. The anticipated range and/or types of
behavior or conditions for which such procedures and techniques are to be used; E. The range of procedures and techniques to be
used; F. Restrictions on the use of stimuli that
present significant risk of psychological or physical damage; G. Assessment procedures for ensuring the
appropriateness of the treatment for each youth; H. Policies and procedures on involving and
obtaining consent from the youth and parent(s) or guardian; I. Requirements, where appropriate, for medical
examination of a youth prior to implementation of the treatment on a regular
basis; J. Provisions for on-going monitoring and
recording; K. Provisions for regular and thorough review
and analysis of the treatment data, the individualized treatment strategies and
the overall treatment orientation; L. Provisions for making appropriate
adjustments in the treatment strategies and orientation; and M. Policies and procedures encouraging
termination of the treatment procedures 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. 06. Participant progress shall be reviewed at
least every two weeks, either through staff meetings or by individual staff;
the outcome of each review is documented. 07. If a participant remains in a program for
six months, a written report shall be submitted by his/her counselor to the
program director and the committing authority stating the justification for
keeping the juvenile in the program. 08. Agreed upon progress reports shall be made
available to the parent or legal guardian of each participant and to the
referring agency. 09. 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.]
10. 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. 11. The assessment shall be conducted by a
planning 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 certified worker. 12. The planning 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. 13. All methods and procedures used in this
assessment shall be appropriate considering the youth's age, cultural
background and dominant language or mode of communication. 14. 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. 15. Unless it is not feasible to do so, a
residential or nonresidential program shall ensure that the treatment plan and
any subsequent revisions are explained to the youth in care and his/her
parent(s) or guardian in language understandable to these persons. 16. A residential or nonresidential alternative
program shall ensure that the treatment plan for each child includes the
following components: A. The findings of the assessment; B. A statement of goals to be achieved or
worked towards with and for the youth and his/her family; C. Strategies for fostering positive family
relationships for the youth with his/her family or guardian or for developing a
permanent home for the youth; D. Specification of the daily activities,
including education and recreation, to be pursued by the program staff and the
youth in order to attempt to achieve the stated goals; E. Specification of any specialized services
that will be provided directly or arranged for, and measures for ensuring their
proper integration with the youth's on-going program activities; F. Specification of time-limited targets in
relation to overall goals and specific objectives and the methods to be used
for evaluating the youth's progress; G. Goals and preliminary plans for discharge
and aftercare; and H. Identification of all persons responsible
for implementing or coordinating implementation of the plan; 17.] The completed treatment plan shall be signed
by the [ chief administrator] of the
program[ or a person designated by the administrator]; a representative
of the child placing agency; the youth, if indicated, and the youth's parent(s)
or guardian unless clearly not feasible.
18.] A residential or nonresidential alternative
program shall review each treatment plan at least every six months 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.
19.] 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.
20.] A residential [ facility] 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
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 [ service] plan when such
activities are approved by a physician and carefully supervised by the facility
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
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
G.] Withholding of any [ meal];
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[
for long periods of time;]
K.] Denial of shelter, clothing or bedding;
L.] [ Extensive w]ithholding of
emotional response or stimulation;
M.] Chemical, mechanical or excessive physical
N.] Exclusion of the youth from entry to the
O.] Assignment of unduly physically strenuous or
21.] Youth in care of a residential or
nonresidential 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
22.] A residential or nonresidential program shall ensure that all direct service staff members are trained in
crisis management and the appropriate use of [ passive] physical restraint methods.
23.] A residential or nonresidential program shall not use any form of restraint other than [ passive physical
restraint without prior approval of Juvenile Justice Services].
24.] 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.
25.] A 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.
26.] Each use of time-out procedures shall be
directly supervised by [ supervisory] staff.
27.] The program's chief administrative officer,
or designee, [ approved in writing ]shall approve any
use of time-out procedures exceeding 30 minutes in duration.
28.] Written policy and procedure shall ensure
that prior to room restriction the youth has
the reasons for the restriction explained to him/her, and has an opportunity to
explain the behavior leading to the restriction.
29.] During room restriction staff contact shall
be made with the youth at least every [ fifteen] minutes to
ensure the well-being of the youth; the youth assists in the determination of
the end of the restriction period.
30. Written policy and procedure shall ensure
that prior to privilege suspension the youth has the reasons for restriction
explained to him/her, and has an opportunity to explain the behavior leading to
the suspension. 31.] 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.
32.] 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.
33.] 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
34.] 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.
35.] The program shall maintain a system of
accounting for the whereabouts of its participants at all times.
36.] The program shall have written procedures
for the detection and reporting of absconders to agency having jurisdiction,
Juvenile Justice Services, and parents.
37.] 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.
38.] 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.
39.] A facility shall comply with all child labor
laws and regulations in making work assignments.
40.] The residential or nonresidential 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.
41.] A residential or nonresidential 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.
42.] A program shall ensure appropriate staff involvement in
recreational and leisure activities.
43.] A residential or nonresidential program shall utilize the recreational resources of the community whenever
appropriate. The program shall arrange the transportation and
supervision required for maximum usage of community resources.
44.] A residential or nonresidential program which has recreation staff shall ensure that such staff are
apprised of and, when appropriate, involved in the development and review of
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:
1]) The name, sex, race, religion, birth date of
2]) The name, address, telephone number and
marital status of the parent(s) or guardian of the child;
3]) Date of admission and source of referral;
4]) 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;
5]) Date of discharge, reason for discharge, and
the name, telephone number and address of the person or agency to whom the
child was discharged;
6]) The child's court status, if applicable;
7]) All documents related to the referral of the
child to the facility;
8]) Documentation of the current custody and
guardianship and legal authority to accept child;
9]) A copy of the child's birth certificate or a
written statement of the child's birth date including the source of this
10]) 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
11]) Program rules and disciplinary procedures
signed by participant;
12]) Cumulative health records;
13]) Education records and reports;
14]) Employment records;
15]) Treatment or clinical records and reports;
16]) Evaluation and progress reports;
17]) 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
18]) Individual service plans and related
materials which include referrals to other agencies, process recordings,
financial disbursements such as allowance, clothing, holidays.
01.] A residential or nonresidential alternative
program shall have a written description of its overall approach to family
02.] A residential or nonresidential alternative
program shall make every possible effort to facilitate positive communication
between a youth in care and his/her parents.
03.] A residential program shall provide
conditions of reasonable privacy for visits and telephone contacts between
youth in care and their families.
04.] Flexible visiting hours shall be provided
for families who are unable to visit at the regular times.
05.] Residential or nonresidential [ facilities] shall strive to:
A.] Maintain and develop youth-family
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
06.] 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
07.] The program shall have written policies and procedures which
provide increasing opportunities and privileges for [ resident]
involvement with family and in community activities prior to final release.
08.] Residential or nonresidential [ facilities] shall give consideration to the special needs
of youth without families and youth for whom regular family contact is
09.] A residential or nonresidential program shall have written policies and procedures with respect to:
A.] The relationship between the program and
B.] Involvement of youth in community
C.] Participation of the program in community
planning to achieve coordinated programs and services for families and youth;
D.] Strategies for the optimum use of community
10.] In its use of community resources, the 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 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
15.] Daily routines shall not be allowed to
conflict with the implementation of a youth's service plan.
16.] The residential or nonresidential 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 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 program shall provide
opportunities for a youth in care to visit with parent(s) or guardian and
20.] The 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
22.] A residential or nonresidential 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 program shall permit a youth in care to receive and send mail. Program staff shall not 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
A.] If requested, the 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 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
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 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.
01.] A 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.
02.] A new 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.
03.] A program shall ensure that every youth in its care attends an
appropriate educational program in accordance with state law.
04.] A 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.
05.] A program shall not place a youth in care in an on-ground educational
program unless such program is appropriate to the youth's needs.
06.] A program shall ensure routine communication between the direct [ service]
team involved with a youth in care and any educational program in which the
youth is placed.
07.] A 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
08.] A 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.
09.] Every attempt shall be made to [ i]nsure
the continuity of educational programming for the youth.
10.] Prior to the youth's admission to the 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 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
12.] Prior to discharge, the program shall attempt to work with the youth's
new school to ensure a smooth transition to the new educational environment.
0]. Discharge and Aftercare.
01.] At least three months, as soon as
possible, prior to planned discharge of a youth the [ planning group] (program [ worker]
and case [ worker]) 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.
02.] Prior to discharge the [ planning group] shall ensure that the youth is aware of and understands his/her
03.] When a youth is being placed in another program following discharge, representatives
of the [ planning group] shall, whenever possible,
meet with representatives of that program prior to the youth's discharge to share
information concerning the youth.
04.] A program shall have a
written policy concerning emergency discharge and/or all other discharges not
in accordance with a youth's [ service] 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.
05.] The program shall give at
least 72 hours notice of discharge to the responsible agency, the parent(s) or
guardian and the appropriate educational authorities.
06.] Written policy and procedure shall require
that all transfers from one community 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.
07.] When a youth in care is discharged, a residential
or nonresidential program shall compile a complete written discharge summary
within [ a month] 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
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.
08.] When the discharge date was not in
accordance with the youth's [ service] plan, the
following items shall be added to the summary:
A.] The circumstances leading to the unplanned
B.] The actions taken by the program and the
reason for these actions.
01.] 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.
02. Programs contracting with Juvenile Justice
Services that use traveling files shall return them to the regional office
within 30 days of the youth's release.
Program shall not make duplicate copies of client records except by
agreement with Juvenile Justice Services. 03.] 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
04.] 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 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 63, Chapter 2.
05.] A residential or nonresidential alternative
program shall, upon request[ , make available information in the case record
of the youth, his parent(s) or guardian and their respective legal counsel if
the information being released does not contain material which violates the
right of privacy of another individual and/or material that should be withheld
from release according to other laws, Title 63, Chapter 2, or by order of the
court. If, in the professional judgment
of administration of the program, it is felt that information contained in the
record would be damaging to the youth, that information shall be withheld
except under court order. Facilities
which have on-grounds educational programs should comply with federal and state
laws governing educational records.]
06. The program shall provide that a
"Release of Information Consent Form" will be signed by the
participant and parent or guardian immediately before a release of information
about the participant is completed, and that a copy of the consent form is
maintained in the participant's record. 07. The "Release of Information Consent
Form" shall include: A. Name of person, agency or organization
requesting information; B. Name of person, agency or organization
releasing information; C. The specific information to be disclosed; D. The purpose or need for the information; E. Date consent form is signed; F. Signature of the participant; and G. Signature of individual witnessing
participant signature. 08.] A residential or nonresidential alternative
program may 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[ , provided that names are
deleted and other identifying information is disguised or deleted].
09. A report shall be prepared at the
termination of program participation, which reviews the person's performance in
the program. 10. A residential or nonresidential alternative
program shall have written policies regarding the participation of youth in
research projects. The policies shall
conform to the National Institute of Mental Health Standards on Protection of
Human Subjects. 11.] [ P]olicy shall prohibit participation in medical or pharmaceutical testing
for experimental or research purposes.[ 12. Written policy and procedure shall govern
voluntary participation in nonmedical and nonpharmaceutical research programs.]
01.] 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.
02.] During the admission process the religious
orientation and policy of the 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
03.] 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 [ facility] shall, when feasible, arrange
transportation to services and activities in the community.
04.] Youth may be encouraged to participate in
religious activities but they shall not be coerced to do so.
The youth's family and Juvenile Justice [ Services]
shall be consulted on any change in religious affiliation made by the youth
while he/she is in care.
06.] A residential or nonresidential [ facility's]
program shall reflect consideration for and sensitivity to the racial,
cultural, ethnic and/or religious backgrounds of youth in care.
07.] The program shall involve a youth in cultural and/or ethnic
activities, appropriate to his/her cultural and/or ethnic background.
08.] A residential program shall have set
routines for waking youth and putting them to bed.
09.] A residential program shall ensure that each
youth has ready access to a [ responsible]
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
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.
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 [ service]
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
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 program shall [ i]nsure
personal supervision by staff for proper grooming and physical cleanliness of
21.] The program shall ensure
that youth are provided with all necessary toiletry items.
22. The program shall allow a youth freedom in
selecting a style of wearing his/her hair that reflects the youth's personal
taste. 23.] A residential program shall permit and
encourage a youth in care to [ possess] his/her own money
either by giving an allowance and/or by providing opportunities for paid work
within the facility.
24.] Money earned, received as a gift or received
as allowance by a youth in care shall be deemed to be that youth's personal
25.] 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 [ service plan ].
26. A youth in care shall not normally be asked
to assume expenses for his/her care and treatment. In accordance with his/her individual service plan, an older youth,
employed or employable may be asked to pay some of his/her room and board and
related expenses. 27.] A residential program shall assist youth in
care to assume responsibility for damage done by developing a restitution plan
that may utilize earnings [ or allowance] and is duly recorded in the
youths individual [ service plan]. 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
28.] Written policy and procedure shall provide
for establishment of personal fund accounts for [ residents][
and allow for maximum control by residents; any interest on personal funds over
$500 should accrue to residents.]
29.] The program shall
maintain a separate accounting system for youth's money.
30.] A 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.
31.] The grievance procedure shall be explained
to the youth by a staff member.[ The staff
member shall enter a note into the youth's file confirming that this
explanation has taken place.]
3]. Physical Environment.
01.] 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
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[ ;] [ (ACA
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
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.
02.] 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.
03.] The governing authority shall designate who
is permitted to live in the facility with concurrent authorization from the
Division of Juvenile Justice Services.
04.] 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.
05.] 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.
06.] A residential or nonresidential facility
shall have access to outdoor recreational space and suitable recreational
07.] Shrubbery and lawns shall be properly tended
and trimmed for safety and appearance.
08.] Ground shall adequately drain either
naturally or through installed drainage systems.
09.] 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
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 [ consonant]
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
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
18.] A residential facility shall ensure that
each bedroom space in the facility has a floor area, exclusive of closets, of
at least [ 74] square feet for [ the initial]
occupant and [ an additional 50 square
feet for each other occupant of this space].
19.] A residential facility shall not use any
room with a ceiling height of less than seven feet six inches as a youth's
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 standard 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
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. 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. 34. When the 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. 35. When the program provides food service, all
foods shall be properly stored at the completion of each meal. 36. A residential facility 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. 37. A facility shall ensure that all dishes,
cups and glasses used by youth in care are free from chips, cracks or other
defects. 38.] Kitchen areas in a facility shall be so
constructed to allow staff to limit youth's access to kitchen when necessary.
39.] A residential facility utilizing live-in
staff shall provide adequate separate living space for these staff.
40.] 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.
41.] A residential or nonresidential facility
shall have a designated space to allow private discussions and counseling
sessions between individual youth and staff.
42.] 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.
43.] There shall be evidence of routine
maintenance and cleaning programs in all areas of the residential or
44.] A residential or nonresidential [ facility] 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.
45.] 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.
46.] A residential or nonresidential [ facility] 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
47.] A residential [ facility]
shall ensure that all closets, bedrooms and bathrooms which have doors are
provided with doors that can be readily opened from both sides.
48.] A residential or nonresidential [ facility] shall ensure that there are sufficient and appropriate storage facilities.
49.] A residential or nonresidential [ facility] shall have securely locked storage spaces for all potentially
Keys to such storage spaces shall be available only to authorized staff
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.] [ Drugs], personnel
files and case records shall be kept in locked storage spaces and access to [ drugs],
personnel files and case records are to be carefully limited to authorized
50.] A residential or nonresidential [ facility] shall ensure that all electrical equipment, wiring, switches,
sockets and outlets are maintained in good order and safe conditions.
51.] Any room, corridor or stairway within the
residential or nonresidential [ facility] shall
be sufficiently illuminated.
52.] Corridors within the residential [ facility]'s
sleeping areas shall be illuminated at night.
53.] A residential or nonresidential [ facility] shall provide adequate lighting of exterior areas to ensure the
safety of youth and staff during the night.
54.] A residential or nonresidential [ facility] 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.
55.] A residential or nonresidential [ facility] shall maintain the spaces used by youth at temperatures in
accordance with federal, state and local laws.
56.] Hot water accessible to youth in a facility
shall be regulated to a temperature not in excess of 110 degrees F.
57.] 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.
58.] 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.
59.] A facility shall not have walls or ceiling
surfaces with materials containing asbestos.
60.] 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.
61.] A facility shall use durable materials and
62.] A facility shall, where appropriate, use
carpeting to create a comfortable environment.
Carpeting in use should be nontoxic and fire-retardant.
4]. General Safety.
01.] The 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.
03.] Each residential [ facility] 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.
04.] 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
05.] 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.
06.] Porches, elevated walkways and elevated play
areas within a facility shall have barriers to prevent falls.
07.] 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
08. The use of candles shall not be allowed in
sleeping areas of a residential facility. 09.] 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.
10.] A facility shall have procedures to ensure
the facility is protected from infestation by pests, rodents or other vermin.
11.] Youth in care of a 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.
12.] All on-grounds pools shall be enclosed with
safety fences and shall be regularly tested to ensure that the pool is free of
13.] On-ground pools shall comply with Department
of Public Health requirements concerning swimming pools.
14.] 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 [ quarterly];
smoke detectors; fire extinguishers, alarm systems and fire exits.
15.] The facility shall comply with the
regulations of the state or local fire safety authority, whichever has primary
jurisdiction over the agency.
16.] A residential or nonresidential facility
shall have written procedures for staff and youth to follow [ in case of
emergency or disaster]. These
procedures shall include provisions [ for the evacuation of buildings and
assignment of staff during emergencies].
17. A residential or nonresidential facility
shall train staff and youth to report fires and other emergencies
appropriately. Youth and staff shall be
trained in fire prevention. 18.] A residential or nonresidential [ facility] shall conduct emergency drills which shall include actual
evacuation of youth to safe areas at least quarterly. The [ facility] 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
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.] [ The facility] shall make special provisions for
evacuation of any physically handicapped youth in the facility; and
E.] The [ facility] shall take special care to help
emotionally disturbed or perceptually handicapped youth understand the nature
of such drills.
19.] A residential or nonresidential [ facility] shall maintain an active safety program including investigation of
all incidents and recommendations for prevention.
20.] A residential [ facility ]or
nonresidential alternative program shall ensure that each youth is provided
with the transportation necessary for implementing the youth's [ service]
21.] A residential facility or nonresidential
alternative program shall have means of transporting youth in case of
22.] Any vehicle used in transporting youth in
care of the program shall be
properly licensed and inspected in accordance with state law.
23.] 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.
24.] 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.
25.] 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
26.] 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.
27.] Identification of vehicles used to transport
youth in care of a program
shall not be of such nature as to embarrass or in any way produce notoriety for
28.] 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.
29.] 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.
30.] Youth in the care of a program shall not engage in any potentially
dangerous activity[ without adequate supervision and training by
5]. Food Service.
01.] A residential or nonresidential 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.
02.] A person designated by the [ Chief
Administrative Officer] of a program shall be responsible for the total food service of
03.] 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
04.] When the program provides food service, food service staff shall develop
advanced planned menus and substantially follow the schedule.
05.] 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.
06.] The program shall ensure that the food provided to a youth in care
by the program is in accord with his/her religious beliefs.
07.] No youth in care at a program shall be denied a meal for any reason
except according to a doctor's order.
08.] A 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.
6]. Medical Care.
01.] 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
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.
02.] 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
03.] A residential or nonresidential program will
establish policies and procedures for serving [ "Acquired
Immune Deficiency Syndrome" AIDS victims and others] with communicable
diseases that are consistent with those standards by the Department of Human
Services and follow public health guidelines.
04.] 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
05.] 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
06.] Whenever indicated, the youth shall be
referred to an appropriate medical specialist for either further assessment or
07.] A residential program shall arrange an
annual physical examination of all youth.
08.] 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.
09.] 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.] [ The facility] 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 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
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,
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 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
20.] A residential or nonresidential 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 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 program shall ensure that a youth is personally examined by the prescribing
physician prior to receiving any medication. In cases of medical emergency, telephone
orders for the administration of medication may only be placed by a licensed
24.] State licensure and certification
requirements shall apply to health care personnel working in the program the same as those in the community.
25.] A residential or nonresidential program shall maintain a cumulative record of all medication dispensed to
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 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,
to either continue the medication or to reconsider the medication needs of the
youth considering the changed living circumstances.
27.] A residential or nonresidential 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;
C.] Telephone number at which prescribing physician
may be reached in case of medical emergency;
D.] Date on which medication was prescribed;
E.] Generic and commercial name of medication
F.] Dosage level;
G.] Time(s) of day when medication is to be
H.] Possible adverse side effects of prescribed
I.] Date on which prescription will be reviewed.
28.] A residential or nonresidential 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.] [ When a urine surveillance program is in
effect, t]he agency shall have a written policy for the collection
of samples and interpretation of results.
30.] A residential or nonresidential 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 program which uses
psychotropic medications prescribed by an independent physician
shall have a written policy governing the use of psychotropic [ drugs]
at the facility. This policy shall
include the following:
A.] Identification of doctors
permitted to prescribe psychotropic [ drugs] and their
B.] Identification of persons permitted to
administer psychotropic drugs and their qualifications;
C.] Criteria for the use of psychotropic
D.] A description of the program's medication
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 [ service] staff.
33.] [ The] 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 [ facility] 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 [ facility] 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 program shall inform the prescribing physician
and may, if indicated, seek a court order to continue medication.
37.] When medication consent is revoked by a
youth, the program shall notify the parent(s) or guardian.
38.] [ The] 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 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
or another physician 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 program which uses
psychotropic medications shall ensure that usages of medication are in
accordance with the goals and objectives of the youth's [ service]
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
45.] Licensed nurses or physicians
shall supervise the administration of all psychotropic medications.
46.] A 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.
47.] A 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
D.] Any medication errors;
E.] Monitoring reports; and
F.] Medication review reports.
48.] A 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.] [ The] program shall maintain a list of first aid equipment and
supplies to ensure sufficient availability of equipment and supplies at all
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'
53.] A 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
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
7]. Child Abuse and Neglect.
01.] A 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 [ chief administrator] [ of the program and to ]the Division of Juvenile Justice
Services, [ Regional Administrator] and Office of
[ Quality Assurance].
02.] A 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.] [ 57 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.
D.] Failure to implement and comply with [ Standard
16.57], A, B, and C may result in immediate suspension
or revocation of the program license as required by the Utah Code, [ 62A-7-119].
KEY: diversion programs, juvenile corrections, licensing, prohibited items and devices
Date of Enactment or Last Substantive Amendment: [
April 30, 2002]
Notice of Continuation: May 30, 2007
Authorizing, and Implemented or Interpreted Law: 62A-7-[
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For questions regarding the content or application of this rule, please contact Judy Hammer at the above address, by phone at 801-538-4098, by FAX at 801-538-4334, or by Internet E-mail at email@example.com
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 04/14/2009 1:00 PM