Current through Register Vol. 48, No. 38, September 20, 2024
a) Personal Record
Information
A personal record file shall be established at admission and
maintained for each youth throughout the period of confinement. Records shall
include:
4) Age, date of birth and sex;
5) Parents, guardian or responsible person to
notify in case of emergency, including address and telephone number;
8) Education level and name and address of
school last attended;
9) Religion
or religious affiliation;
11) Date and
time of police custody;
12) Date
and time of admission and authority;
13) Name and title of officers presenting and
receiving youth, as well as law enforcement jurisdiction by name;
14) Name and telephone number of youth's
attorney;
15) Dates of previous
admission and releases;
16) Legal
status (i.e., DCFS youth in care, adult transfer, aftercare release);
17) Medical record of health and physical
condition at admission; during confinement, including treatment and medication
administered; and condition at discharge. Medical records shall be kept
separately, subject to court order;
18) Itemized record of youth's case, other
valuables and monetary expenditures and receipts while in custody;
19) Date and time of court detention
order;
20) Date of petition
filing;
21) Date of adjudicatory
and/or dispositional hearing, including continuances;
22) Dates of temporary absences from
detention facility, authority to be absent and destination;
23) Record of visitors' names and dates of
visits;
24) Record of any incidents
related to the youth including injury, misconduct and discipline
administered;
25) Probation officer
and/or aftercare Specialist;
26)
Date of release, including name of person and agency to whom released;
and
b) Confidential Record
All personal record and police record information is
confidential and shall not be disclosed to unauthorized persons or to the
public, except by order of the court. Staff members shall be provided access to
personal record and police record information as required for the performance
of their duties.
1) Rights of and
Limitations on Record Access
A) A youth, an
authorized attorney, a parent or guardian, may inspect and copy all records
contained in the youth's personal record, provided:
i) The youth consents in writing to the
inspection and copying of records by an authorized attorney or a parent or
guardian; and
ii) That information
not subject to inspection and copying may be deleted from records otherwise
available to a youth or a parent or guardian.
B) Authorized personnel of the Department may
inspect and copy records.
C) All
requests by the youth, authorized attorneys, parents and guardians to copy or
inspect file material shall be made in writing.
2) The facility shall comply with all written
requests for records subject to inspection and copying within 15
days.
c) Monthly Reports
and Statistics
The superintendent shall report accurate information on all
detained youth to JMIS. Required information for each youth includes initials,
date of birth, race, ethnicity, admission and release dates and times,
admitting offense, legal status, and hearing dates. JMIS information on youth
in custody should be current and shall be updated no less than monthly. The
superintendent shall maintain statistical records, available for review by DJJ,
including: detention screening results, admissions, releases, releases with
conditions, and overrides; unusual incidents by category; use of force, and use
of room confinement. The superintendent shall submit to the Office of Detention
and Audit Services monthly, an accurate report of the number of youth confined
during the preceding month and provide information on each in the categories
indicated on the report form provided by the Office. If JMIS is updated to
require additional information the superintendent shall report that additional
information.
1) Monthly population
reports must be submitted to the Office by the 10th day of the following
month.
2) Each calendar day,
including day of admission and day of release, shall be counted for calculating
length of stay.
3) Duplicate copies
shall be prepared. The reporting facility shall maintain the original and
forward the duplicate to JMIS.
d) Extraordinary or Unusual Occurrences
1) Extraordinary or unusual occurrences shall
mean:
A) Death, regardless of
cause;
C) Serious injury, to
include accidental or self-inflicted;
H) Battery on a staff member;
I) Battery on youth by a staff
member;
J) Battery on youth by
another youth (only if hospitalization or extensive medical treatment is
required);
K) Allegations of sexual
abuse and assaults - PREA;
i) The agency shall
require all staff to report immediately and according to agency policy any
knowledge, suspicion or information they receive regarding an incident of
sexual abuse or sexual harassment that occurred in a facility, whether it is
part of the agency; retaliation against residents or staff who reported an
incident; and any staff neglect or violation of responsibilities that may have
contributed to an incident or retaliation.
ii) The agency shall also require all staff
to comply with any applicable mandatory child abuse reporting laws.
iii) Apart from reporting to designated
supervisors or officials and designated State or local services agencies, staff
shall be prohibited from revealing any information related to a sexual abuse
report to anyone other than to the extent necessary, as specified in agency
policy, to make treatment, investigation and other security and management
decisions.
iv) Medical and mental
health practitioners shall:
* be required to report sexual abuse to designated supervisors
and officials pursuant to subsection (d)(2)(K)(i) as well as to the designated
State or local services agency where required by mandatory reporting
laws.
* practitioners shall be required to inform residents at the
initiation of services of their duty to report and the limitations of
confidentiality.
v)
Reporting
* Upon receiving any allegation of sexual abuse, the facility
head or designee shall promptly report the allegation to the appropriate agency
office and to the alleged victim's parents or legal guardians, unless the
facility has official documentation showing the parents or legal guardians
should not be notified.
* If the alleged victim is under the guardianship of the
Department of Children and Family Services, the report shall be made to the
alleged victim's caseworker instead of the parents or legal guardians.
* If a juvenile court retains jurisdiction over the alleged
victim, the facility head or designee shall also report the allegation to the
juvenile's attorney or other legal representative of record within 14 days of
receiving the allegation.
vi) The facility shall report all allegations
of sexual abuse and sexual harassment, including third-party and anonymous
reports, to the facility's designated investigators; (See Section 361 of
PREA.)
L) Occurrence of
serious infectious disease or illness within the facility; and
M) Any injury, illness, mental health
emergency or chronic condition that requires outside hospitalization.
2) Notification shall be made
whenever possible to the Office of Detention and Audit Services within 24 hours
but in no case later than 72 hours. Notification to the Administrative Office
of the Illinois Courts shall be made no later than 72 hours after the
extraordinary or unusual circumstance. Timely notification of any extraordinary
or unusual circumstance shall be made to the youth's parent's or guardian. If
the youth is under the guardianship of the Department of Children and Family
Services, the notification shall be made to the youth's caseworker. If a
juvenile court retains jurisdiction over the youth, notification shall be made
to the youth's attorney or other legal representative of record and the court
of jurisdiction.
e)
Report to Court
A written report that summarizes the needs, personal and social
problems, strengths and other pertinent findings as revealed in detention
activities and services shall be forwarded to the probation officer and to the
court upon request.
f)
Fingerprinting and Photographing
A detention facility shall not transmit any fingerprint or
photograph relating to a youth who has been arrested or taken into custody
before the youth's 17th birthday, unless so authorized by the court in
accordance with Section 1-7(B)(1) of the Juvenile Court Act.
g) Daily Population Report
A daily detention population report shall be supplied to the
judge and the director of court services by the superintendent. The report
shall include the name of each youth, day admitted, accumulated days of stay,
assigned probation officer, date of adjudicatory hearing and any other
information the judge might request to assist the control of admissions.
h) Detention Over Thirty Days
Any youth who has been detained continuously, or in the
aggregate for the same offense, for more than 30 days must be brought to the
attention of the chief judge and presiding judge of the juvenile court having
jurisdiction in the case, the youth's parent or guardian, and youth's legal
representative by the facility head.
i) Grievances
A log of all grievances shall be maintained. The log shall
include the name of the youth, date the grievance was filed, nature of the
grievance, the date of any appeal and the date the grievance was
resolved.