Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Job descriptions and staff qualifications.
Job descriptions and staff qualifications must meet the
requirements in items A and B.
A. The
license holder must have written job descriptions for all position
classifications and post assignments that define responsibilities, duties, and
qualifications needed to perform those duties. The job description must be
readily accessible to all employees.
B. Staff who supervise residents must be at
least 21 years old. Persons older than 18 years old but younger than 21 years
old may be employed if they are enrolled or have completed course work in a
postsecondary education program to pursue a degree in a behavioral
science.
Subp. 2.
Professional licensure.
The license holder must maintain documentation showing that
licensure is current for staff whose positions require professional
licensure.
Subp. 3.
Staffing plan.
The license holder must prepare and obtain approval from the
commissioner of corrections of a written staffing plan that shows staff
assignments and meets the needs of the residents in placement. The license
holder must use the criteria in items A to J to develop the facility's staffing
plan.
A. The license holder must
designate a chief administrator of each facility.
B. In the temporary absence of the chief
administrator, a staff person must be designated as the person in charge of the
facility.
C. The license holder
must designate a program director of the facility. A program with more than 24
residents must have a full-time program director.
D. The license holder must not assign staff
in a manner that invades the privacy of residents or embarrasses or diminishes
the dignity of residents by requiring staff of the opposite sex to perform the
duties in subitems (1) to (4):
(1) strip
searches;
(2) witnessing or
assisting at internal body searches;
(3) direct visual supervision of residents
during showers or lavatory use; and
(4) assisting a resident with a personal
hygiene activity if assisting the resident with the hygiene activity would
require the staff person to view the resident unclothed or to touch the
genitals, buttocks, or breasts of the resident.
The written staffing plan must include a contingency plan
that ensures an immediate response by on-call staff of the same gender, who
must be available when needed, to maintain the resident's privacy in situations
described in subitems (1) to (4) and meet the needs of residents during times
when the resident feels vulnerable or is deemed by staff to be
vulnerable.
The license holder may assign medically licensed staff and
purchase the services of persons who are medically licensed to care for or
treat residents of the opposite sex. However, if a resident asks that a
medically licensed person of the same sex perform the procedures in subitem
(2), the license holder must provide same sex medically licensed personnel to
perform the procedures in subitem (2). Medically licensed personnel must
perform the duties in subitem (2).
When the requirements of this item are not fully met, the
license holder must document the circumstances and reasons the requirements
were not met and document what the license holder will do to prevent a
recurrence of the failure to fully meet the requirements of this item. The
documentation of failure to meet the requirements of this item and the
description of what the license holder will do to prevent a recurrence of the
failure must be kept on file at the facility for at least two years or until
the next licensing renewal inspection, whichever period is longer.
E. The minimum number
of staff who have direct contact that must be present and awake when residents
are present is one staff person per 12 residents. At a minimum, one staff
person per 25 residents must be present and awake at all times in the facility
when residents are normally asleep.
F. Minimum staffing requirements for
temporary holdover facilities are described in subitems (1) to (5).
(1) No person may be housed in a temporary
holdover facility without at least one staff person on duty, awake, alert, and
capable of responding to the reasonable needs of a resident in the
facility.
(2) Staff must not be
placed in positions of responsibility for the supervision and welfare of a
resident of the opposite gender in circumstances that can be described as an
invasion of privacy, degrading, or humiliating to the resident. Male staff must
not supervise female residents except in activity areas and only when female
staff are on duty and present in the facility. Female staff may supervise male
residents, provided resident privacy is protected and visual and audio
monitoring equipment is operating and constantly attended by other
staff.
(3) One staff person may
supervise up to four juveniles at one time, provided they are all of the same
gender. Two staff persons are required to be on duty if five or more juveniles
are being detained in a nonsecure temporary holdover facility.
(4) Staff supervising residents in a secure
24-hour temporary holdover facility must remain at their posts at all times.
Staff must document residents' behavior at 30-minute intervals.
(5) In eight-day temporary holdover
facilities having both secure and nonsecure detention beds, two staff persons
must be on duty when five or more residents are being detained. If all
detention beds are secure, a minimum of one staff person must be on duty during
each shift.
G. The
license holder must designate a person to coordinate volunteer services, if
volunteers are used by the facility. The license holder must have a system for
registration and identification of volunteers. Volunteers who have unsupervised
contact with residents must have a background check. The license holder must
require volunteers to agree in writing to abide by facility policies.
Volunteers must be trained and qualified to perform the duties assigned to
them.
H. The staffing plan must be
appropriate for the program services offered to the resident and the condition
of the resident. The license holder must consider the factors in subitems (1)
to (9) when developing the staffing plan:
(1)
the age of the resident being served;
(2) the resident's physical and mental
health;
(3) the vulnerability of
the resident;
(4) the resident's
capacity for self-preservation in the event of an emergency;
(5) the degree to which the resident may be a
threat to self or others;
(6) the
risk of the resident absconding;
(7) the gender of the resident;
(8) the disability of the resident;
and
(9) the number and types of
educational service programs offered or coordinated for the resident.
I. Physical plant features and
characteristics must also be considered when approving the program's staffing
plan.
J. Staffing plans must be
readily available for each licensing inspection.
Subp. 4.
Personnel training.
The license holder must provide staff training.
A. The license holder must develop and
implement a training plan for orientation and continuing in-service training
programs for all employees and volunteers. The plan must enable personnel to
improve their knowledge, skills, and abilities and promote awareness and
appreciation of, and sensitivity to, the cultural background and needs of the
residents served by the facility. The training and development plan must:
(1) be documented and be descriptive of the
course curriculum, methods of instruction, and objectives of
instruction;
(2) be reviewed
annually and revised according to the facility's assessment of its training
needs; and
(3) include specific
expectations regarding the amount of training time required for personnel in
various positions.
B.
The facility must offer orientation for new employees regarding agency
objectives, resources, policies, and services. Employees must be oriented to
the facility's goals, services, policies, and operational procedures; the
cultural diversity of the service population; and the agency's relationship
with the providing school district and other community resources.
(1) Staff employed in a long-term secure
detention facility and in an eight-day temporary holdover facility must
complete at least 24 hours of orientation training before working alone with
residents. Other staff and volunteers must complete orientation consistent with
their responsibilities.
(2) Staff
employed in a 24-hour temporary holdover facility must complete the 24-hour
juvenile care attendant workshop sponsored by the Department of Corrections
during their first six months of employment. Volunteers or staff who have not
completed the workshop, but have received and completed the required
orientation training, may work alone on a shift.
C. Employees of a long-term secure detention
facility who have direct contact with residents must complete a minimum of 40
hours of in-service training per year. One-half of the training must be skill
development training. Staff of an eight-day temporary holdover facility must
complete 24 hours of in-service training. Twenty-four-hour temporary holdover
staff and other facility staff and volunteers must complete in-service training
consistent with professional licensure requirements and responsibilities and
the license holder's annual training plan.
