Arkansas Administrative Code
Agency 016 - DEPARTMENT OF HUMAN SERVICES
Division 01 - Youth Services
Rule 016.01.19-003 - Division of Youth Services Operations Manual Updates

(A) "Bullying" means the intentional harassment, intimidation, humiliation, ridicule, defamation, or threat or incitement of violence by a student against another student or DYS or provider school employee by a written, verbal, electronic, or physical act that may address an attribute of the other student or staff member or disrupt the operation of the DYS facility.

(B) The physical acts under subdivision (1)(A) of this section may cause:

(C) "Bullying" includes cyberbullying.

(A) "Cyberbullying" means without limitation a communication or image transmitted by means of an electronic device, including without limitation a telephone, wireless communications device, computer, or pager that results in the substantial disruption of the orderly operation of the school or educational environment.

(B)

(1) The Division of Youth Services (DYS) and its contract provider shall follow state and federal laws, rules, and regulations as applicable to students in DYS residential facilities.

(2) As a system of education, DYS shall follow all applicable rules and set forth by the Arkansas Department of Education.

(3) DYS is committed to providing students and staff at its residential facilities, whether operated by DYS or its contracted providers, with a safe environment free from discrimination and harassment.

(1) Residential program staff shall actively encourage students to report any behavior they consider to be bullying, whether directed at themselves or another student.

(2) Students shall be advised that reports of bullying may be made verbally or in writing to any division or provider, including without limitation to any:

(3) The reports under this subsection (b) may be made anonymously.

(4) A DYS Incident Report shall be filed in the JJIS outlining the alleged incident.

(1) Promptly investigate the complaint or report; and

(2) Make a record of the investigation and any action taken as a result of the investigation to school superintendent and facility director.

(1) A record of investigation shall be entered into the JJIS.

(2) The record under subdivision (f)(1) of this section shall:

(1) Provide intervention services;

(2) Establish training programs to reduce bullying;

(3) Impose discipline on any of the parties involved in the incident;

(4) Recommend counseling for any of the parties involved in the incident; or

(5) Take or recommend other appropriate action.

(1) If at any time a staff member believes a student is at imminent risk of serious physical, psychological, or emotional harm as a result of bullying, immediate action shall be taken in accordance with facility procedures to protect that student.

(2) This rule does not require any division or provider staff to complete an investigation before taking protective action.

(1) A report shall be made to a parent or legal guardian of any student believed to be the victim of an incident or credible report or complaint of bullying.

(2) The report under subdivision (j)(1) of this section shall be entered into the JJIS and:

(1) A report shall be made to the parent or legal guardian of the youth who is determined to have been the perpetrator of bullying.

(2) The report under subdivision (k)(1) of this section shall be entered into the JJIS and:

(1) Notice of what constitutes bullying, DYS's prohibition against bullying, and the consequences for students who bully shall be conspicuously posted in every:

(2) Parents, students, school volunteers, and employees shall be given copies of the notice under subdivision (l)(1) of this section.

A. DYS staff or provider staff found to be in violation of this rule shall be subject to disciplinary action.

(A) A photo of the youth;

(B) The name of the youth;

(C) The age of the youth; and

(D) A felony offense for which the youth is committed to the custody of DYS.

(1) Name of youth;

(2) Photograph of the youth;

(3) Committing county;

(4) Residential county of the youth;

(5) Location of the youth at the time of the escape;

(6) Time and date of escape

(7) General direction the youth was headed;

(8) Accomplices inside or outside the facility;

(7) When staff became aware of the escape;

(8) The means or method of escape used by the youth, if known;

(9) Description of the youth's clothing; and

(10) Any other information that may help in the capture of the youth.

(1) The Facility Director shall ensure proper staff supervision of youth by employees.

(2) Case management or administration shall notify direct care staff of any abnormal occurrences among youth.

(1) Pursuit of the escaping youth must begin immediately.

(2) All staff may be utilized in searches for escaped youth.

(1) Notify the DYS on-call administrator immediately; and

(2) Initiate the request for completion and submission of a pick-up order to the Arkansas State Police and subsequent law enforcement personnel.

(1) Is committed to DYS for an offense that would be a felony if the offense were committed by an adult;

(2) Poses a serious threat to public safety or a member of the public;

(3) Is at a heightened risk of harm if he or she is not apprehended immediately due to his or her:

(4) Is committed to the division under extended juvenile jurisdiction.

(1) The DYS Director, Assistant Directors, and the DHS Communications Team shall:

(2)

(3)

(1) After the AWOL attempt or AWOL has occurred, the primary staff involved shall:

(2) The Facility Director or Assistant Facility Director shall ensure that all aspects of the DYS Incident Reporting Policy have been followed.

(1) The Case Coordinator shall notify the:

(2) The DYS Legal Unit shall send written notification to the committing court.

(1) If a reading assessment or the dyslexia assessment indicates that a youth is reading below the level of proficiency required to be a high functioning reader, the youth shall be provided evidenced-based reading intervention based on the science of reading and dyslexia intervention that is evidence-based according to the Arkansas Department of Education compilation of appropriate intervention programs.

(2) An intervention plan provided for a youth who is reading below the level of proficiency shall be administered with fidelity by a teacher who has been trained in the science of reading and has demonstrated proficient knowledge and skills to teach reading consistent with the best practices of scientific reading instruction as required under the Right to Read Act, Ark. Code Ann. § 6-17-429.

(1) Provided with information that explains what dyslexia is in common and easily understandable language;

(2) Offered and encouraged to submit to dyslexia screening: and

(3) Provided with dyslexia intervention with fidelity, as defined in Ark. Code Ann. § 6-41-602, in the same manner as required for newly committed juveniles

(1) The Department of Human Services (DHS) shall:

(2) The pregnant female, her family, or a third-party shall be responsible for all costs related to the termination of her pregnancy, except as required by federal law, including: