Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO:
KRS
15A.065,
15A.0652,
200.080-200.120, Chapters
600-645
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
15A.065(1),
15A.0652,
15A.160,
15A.210,
605.150,
635.095, and
640.120 authorize the Justice
and Public Safety Cabinet and the Department of Juvenile Justice to promulgate
administrative regulations for the proper administration of the cabinet and its
programs. This administrative regulation establishes the requirements for
hairstyles and grooming for juvenile detention centers, youth development
centers, and group homes.
Section 1.
Definitions.
(1) "Cornrows" means a hairstyle
in which the hair is arranged in an intricate pattern of tight rows of braids
close to the scalp. For people with tightly curled hair textures, this style is
not removable by combing or brushing in a brief period of time.
(2) "Dreadlocks" means a hairstyle in which
the hair is styled into ropelike sections formed by matting, braiding, or
twisting that causes the strands of hair to lock together and due to the
locking of the hair is not removable by combing or brushing in a brief period
of time.
(3) "Religious exemption"
means an approved justification to not be required to conform to a particular
grooming standard based upon a sincerely held religious belief.
Section 2. Hairstyles and
Grooming.
(1) Each juvenile shall have hair
that is clean and styled in a way that does not obscure the face or make the
juvenile hard to identify by staff.
(2) A juvenile may wear braids, cornrows, or
dreadlocks that are neatly groomed.
(3) A juvenile shall not wear hairstyles that
allow hair to fall lower than the eyebrows.
(4) Hairpins and bobby pins shall be
prohibited.
(5) A juvenile shall
not be allowed to cut or style designs into their hair or color hair after
admission to the facility.
(6) Long
hair shall be pulled up off the shoulders when on work detail or vocational
programming, if safety or sanitation considerations require.
(7) Hairnets shall be provided for and worn
by juveniles that work in food service.
(8) Wigs and hairpieces shall not be worn
unless medically necessary, and if medically necessary, shall require approval
from the Director of Medical Services or designee.
(9) Basic hair care services and culturally
sensitive hair care maintenance shall be provided free of charge to the
juvenile at least one (1) time a month. Basic hair care services shall include
a haircut. Culturally sensitive hair care maintenance shall include basic
washing. It shall also include relaxation, if a licensed professional with
expertise in culturally sensitive hair care is readily available and relaxation
shall require parental permission unless the juvenile has attained the age of
eighteen (18).
(10) A juvenile
shall be allowed to grow and maintain facial hair not to exceed a length of
one-fourth (1/4) inch.
(11) A
juvenile shall be issued culturally sensitive hair maintenance items or general
hair care products on a daily basis, including combs and brushes.
Section 3. Licensed Professionals.
(1) Only individuals licensed by the
Commonwealth of Kentucky as barbers or cosmetologists shall provide hair care
and grooming services to a juvenile. Each contracted barber or cosmetologist
shall have a documented pre-service orientation training prior to conducting
business at a DJJ residential facility, which shall include training on tool
control, control of hazardous materials, and other basic procedures.
(2) Security. All tools, equipment, and
chemicals used by the barber or cosmetologist shall be in the control of and
maintained by the barber or cosmetologist when conducting business at a DJJ
residential facility.
(3)
Sanitation. The barber or cosmetologist shall adhere to the sanitation
standards set for licensure. Equipment used for hair care services shall be
sanitized after each use.
(4)
Medical Services.
(a) If the barber or
cosmetologist observes an open lesion, cut, or wound on the scalp, neck, or
facial area, staff shall be notified and the juvenile shall be referred for
immediate medical services. If an open lesion, cut, or wound occurs during the
barbering process, the supervising DJJ staff shall provide appropriate first
aid and the juvenile shall not be provided further barber or cosmetology
services until medically cleared.
(b) The facility nurse shall be notified and
follow-up with the juvenile for medical consultation regarding the lesion, cut,
or wound.
(c) A barber or
cosmetologist shall not perform medical therapy on any skin
condition.
Section
4. Photograph. If the appearance of a juvenile changes, including
a significant change in hairstyle or length or the presence of facial hair, DJJ
staff shall obtain an updated photograph of the juvenile to be scanned into the
electronic record.
Section 5. Staff
prohibited acts.
(1) DJJ staff shall not cut,
shave, groom, or style the hair or facial hair of a juvenile.
(2) DJJ staff shall not mandate or order that
the hair or facial hair of a juvenile be cut, except if:
(a) A medical condition exists and the action
is approved by the Director of Medical Services;
(b) The cutting or styling of designs in the
hair represent gang identification symbols or inappropriate language or
depictions; or
(c) The hair
presents a safety or security concern for the facility or its orderly operation
and is approved by the Commissioner.
(3) A juvenile may be required by a
juvenile's employer or instructor to restrain or cover hair in a manner that
complies with health requirements for food service or other jobs or prevents
hair entanglement in equipment.
Section 6. Search.
(1) DJJ may search a juvenile's hair for
contraband.
(2) Ordinary search
procedures may include:
(a) Passing a
hand-held metal detector over the inmate's hair and scalp to determine whether
any metal objects are present;
(b)
Directing a juvenile to turn the juvenile's head upside down and run their
fingers vigorously through the hair including facial hair;
(c) Pressing the hair with the thumb and
other fingers or squeezing the hair to detect foreign objects; and
(d) Using a body scanner to search for
contraband.
(3) For youth
development centers and youth detention centers, a juvenile's hair shall be
searched:
(b) After return from a trip outside the
facility.
STATUTORY AUTHORITY:
KRS
15A.065(1),
15A.0652,
15A.160,
15A.210,
605.150,
635.095,
640.120,
645.250