Kentucky Administrative Regulations
Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE
Chapter 1 - Child Welfare
Section 505 KAR 1:410 - Isolation and protective custody
Universal Citation: 505 KY Admin Regs Service 1:410
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, 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 procedures for isolation and protective custody in juvenile detention centers and youth development centers.
Section 1. Isolation.
(1) Isolation shall only apply to juveniles
in juvenile detention centers and youth development centers.
(2) A juvenile may be placed in isolation if
the juvenile constitutes a threat to the safety or security of the facility,
staff, or a juvenile.
(3) The
following situations may constitute a threat to the safety or security of the
facility, staff, or a juvenile and may result in an isolation placement:
(a) Assault or attempted assault;
(b) Sexual assault or attempted sexual
assault;
(c) Attempted escape or
attempted absent without leave;
(d)
Escape;
(e) Participating in a
riot;
(f) Planning a
riot;
(g) Possessing dangerous
contraband; or
(h) Causing
extensive property damage.
(4) Authorization shall be obtained from the
facility manager, youth services program supervisor, administrative duty
officer, or shift supervisor prior to placing a juvenile into isolation. If
prior authorization cannot be obtained without jeopardizing the safety and
security of the facility, staff, or other juveniles, authorization shall be
obtained immediately following the safe securing of the juvenile. An isolation
placement shall not exceed four (4) hours without further action as stated in
subsections (5) through (7) of this section.
(5) Isolation in a detention center.
(a) The facility manager may authorize a
juvenile to remain in isolation beyond an initial four (4) hour period, not to
exceed twenty-four (24) hours.
(b)
An extension of an isolation placement beyond twenty-four (24) hours and up to
thirty-six (36) hours shall require the approval of the division director. The
division director shall consider whether the juvenile:
1. Has regained control of their behavior;
and
2. Is no longer a threat to the
security, safety, or orderly management of the facility.
(c) An extension of an isolation placement
beyond thirty-six (36) hours and up to a maximum of forty-eight (48) hours
shall require the approval of the division director and the chief of mental
health services. For the extension decision, they shall consider:
1. Whether the juvenile has regained control
of their behavior; and
2. Whether
the juvenile is no longer a threat to the security, safety, or orderly
management of the facility; and
3.
The mental health issues of the juvenile.
(d) If a highly assaultive juvenile requires
isolation for more than forty-eight (48) hours, an extension of an isolation
placement beyond forty-eight (48) hours shall require the approval of the
respective division director and the chief of mental health services. Any
extension made shall be reviewed every twenty-four (24) hours and shall not
exceed five (5) days. For the extension decision, they shall consider:
1. Whether the juvenile has regained control
of their behavior; and
2. Whether
the juvenile is no longer a threat to the security, safety, or orderly
management of the facility; and
3.
The mental health issues of the juvenile.
(6) Isolation in youth development centers
and group homes.
(a) The facility manager may
authorize a juvenile to remain in isolation beyond an initial four (4) hour
period, not to exceed twenty-four (24) hours.
(b) An extension of an isolation placement
beyond twenty-four (24) hours and up to thirty-six (36) hours shall require the
approval of the facilities regional administrator. For the extension decision,
the FRA shall consider whether the juvenile:
1. Has regained control of their behavior;
and
2. Is no longer a threat to the
security, safety, or orderly management of the facility.
3. An extension of an isolation placement
beyond thirty-six (36) hours and up to a maximum of forty-eight (48) hours
shall require the approval of the respective division director and the regional
psychologist. For the extension decision, they shall consider:
a. Whether the juvenile has regained control
of their behavior; and
b. Whether
the juvenile is no longer a threat to the security, safety, or orderly
management of the facility; and
c.
The mental health issues of the juvenile.
(c) If a highly assaultive juvenile requires
isolation for more than forty-eight (48) hours, an extension of an isolation
placement beyond forty-eight (48) hours shall require the approval of the
respective division director, the regional psychologist, and the chief of
mental health services. Any extension made shall be reviewed every twenty-four
(24) hours and shall not exceed five (5) days. For the extension decision, they
shall consider:
1. Whether the juvenile has
regained control of their behavior; and
2. Whether the juvenile is no longer a threat
to the security, safety, or orderly management of the facility; and
3. The mental health issues of the
juvenile.
(7)
The nurse shift program supervisor or on call nurse designee shall be notified
as soon as feasible to determine if there are contra-indications for the
juvenile being placed in isolation.
(a) The
facility nurse or health services protocol trained staff shall assess a
juvenile placed in isolation as soon as it is safe to do so, as dictated by the
director of medical services.
(b)
Injuries, bruises, scratches, and other observations shall be noted by a
minimum of two (2) staff. The nurse or designee shall document the date, time,
and results of the assessment.
(8) Isolation may be used if requested by a
juvenile and staff concur that the placement is in the best interest of the
juvenile.
(9) An assessment of a
juvenile in isolation shall not be required to occur within the deadlines
established in subsections (5) through (7) of this section, if the deadline
falls within the normal sleep time for the facility. A delayed assessment shall
occur within two hours of the normal awake time for the facility.
(10) A juvenile in isolation shall be visited
at least once a day by the facility manager or designee, medical or medically
trained staff, and clinical or social work staff or designee. A juvenile may
request a visit from clergy or other religious representative. All interactions
with the juvenile during placement on isolation shall be documented.
(11) The regional psychologist or designee
shall conduct interviews and assessments for disturbances in mental status,
including, for example, depression; suicidal ideation; impaired thought
processes, cognition or memory; agitation; paranoia; self-injurious behavior;
evidence of bruises or other signs of trauma; and whether the juvenile's
behavior has escalated beyond the staff's ability to control the juvenile by
counseling or disciplinary measures.
(12) If a juvenile exhibits deterioration in
mental status while in isolation, the regional psychologist shall be contacted
to determine the most appropriate action based on the treatment needs of the
juvenile.
(13) If a juvenile's
problem behavior lasts twenty-four (24) hours and there appears to be a need
for continued intervention, qualified health personnel shall assess the
juvenile daily.
(14) The juvenile
in isolation shall be afforded living conditions and privileges approximating
those available to the general population, including modified access to
recreation and educational and treatment services taking into consideration the
juvenile's and facility safety and security needs.
(15) The juvenile shall be responsible for
the daily cleaning of their living area in isolation.
(16) Release from isolation may occur based
on the juvenile's behavior and state of mind.
Section 2. Isolation of suicidal juveniles.
(1) Isolation shall not be used as a suicide
precaution.
(2) A juvenile who is
suicidal may only be placed in isolation if the juvenile presents an immediate
assault risk to staff or other juveniles as evidenced by physical actions and
other less restrictive interventions have failed or are not appropriate. All
other suicide protocols shall be followed.
Section 3. Protective Custody.
(1) A juvenile requiring protection from
others may be placed in protective custody until alternative permanent housing
is found within the facility or the juvenile is transferred to another
facility.
(2) The facility manager
or designee may order immediate placement in protective custody or isolation if
it is necessary to protect the juvenile from harm. This action shall be
reviewed every twenty-four hours of placement by the facility manager or
designee. Separation from the general population beyond twenty-four (24) hours
shall require approval by the facility manager and Treatment Director and shall
consider any mental health issues of the juvenile. The chief of mental health
services and regional psychologist shall be consulted. The action shall be
reviewed by the treatment team within seventy-two (72) hours.
(3) The youth development center treatment
team may develop a special management plan to assure the safety of and
continuous services and programming for the juvenile.
STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, 635.100(7), 640.120, 645.250
Disclaimer: These regulations may not be the most recent version. Kentucky 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.
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