Idaho Administrative Code
Title IDAPA 05 - Juvenile Corrections, Department of
Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS
Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS
Section 05.02.01.141 - DISCIPLINE OF JUVENILE OFFENDERS

Universal Citation: ID Admin Code 05.02.01.141

Current through August 31, 2023

01. Written Policies and Procedures. All providers offering treatment services must have comprehensive written discipline policies and procedures, which are explained to all juvenile offenders, families, and staff. These policies must include positive responses for appropriate behavior. They must include a provision for written notice to the juvenile offender being disciplined, a mechanism for a fair and impartial hearing to include at least one staff member not involved in the disciplinary action, and a process for appeal. (3-31-22)

02. Administration of Discipline. Discipline will be administered in a way to create a learning experience for the juvenile offender, and never in a way that degrades or humiliates the juvenile offender. Staff will make every effort to maintain control of juvenile offenders through positive methods. No juvenile offender will supervise nor carry out disciplinary actions over another juvenile offender. (3-31-22)

a. Prior to and upon initiating a disciplinary action, careful attention should be given to ensure the disciplinary sanctions are proportionate with the nature and circumstances of the behavior and the program rules to determine the seriousness of the misbehavior and the appropriate type of discipline. (3-31-22)

b. Disciplinary actions are not the same as the consequences that are spelled out as a part of a service implementation plan for the juvenile offender. A Provider must make every effort to resolve problems with the least amount of formal disciplinary activity possible. Efforts should be made first to instruct and counsel the juvenile offender. (3-31-22)

c. Any restriction of a juvenile offender's participation in a program resulting from a formal disciplinary action must be reported in an incident report. (3-31-22)

03. Prohibited Actions. The Provider is prohibited from using certain actions as disciplinary responses, as listed in the child care licensing rules of the Idaho Department of Health and Welfare. (3-31-22)

04. Denial of Services. Denial of the following are prohibited as disciplinary responses: (3-31-22)

a. Educational and vocational services; (3-31-22)

b. Employment; (3-31-22)

c. Medical or mental health services; (3-31-22)

d. Food; (3-31-22)

e. Access to family, juvenile services coordinator, juvenile probation officer, and legal counsel; and (3-31-22)

f. Religious services. (3-31-22)

05. Appeal of Formal Disciplinary Penalties. Each Provider must have a formal written process through which a juvenile offender can appeal a disciplinary action and receive a review of the case. The Provider shall explain to the juvenile offender how to use the appeal process. The juvenile offender must be informed that the juvenile services coordinator may be included in the disciplinary process at the juvenile's choice. (3-31-22)

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.