1. Personnel records. Individual records
shall be kept for each staff member which shall include the staff member's:
a. Job application, including all:
i. identifying information;
ii. qualifications including documentation
and verification; and
iii.
character and employment references;
b. terms of employment and job description;
c. employment dates and annual
performance reviews;
d. health
certificates, including a record of the results of a health assessment;
e. documentation of orientation
and in-service training and continuing education;
f. verification of requisite criminal history
checks;
g. documentation that the
employee has read, understands and agrees to follow:
i. the statutes and regulations regarding
mandatory reporting of suspected child abuse, neglect and exploitation;
ii. the regulations for licensing
detention facilities and secure care facilities for children and youth;
iii. the facility's policies and
procedures, including personnel, administrative, daily and behavior management
policies and procedures; and
iv.
policies providing for a drug free workplace; and
h. grievance and incident reports regarding
the specific employee, including the means of resolution of each report.
2. Volunteer records.
Individual records shall be kept on the facility-related activities of each
volunteer. These records shall include the volunteer's:
a. identifying information;
b. job description;
c. dates of service and performance reviews;
d. documentation of orientation to
the facility and specific assignment;
e. documentation that the volunteer has read,
understands and agrees to follow facility policies and procedures, particularly
those related to security, confidentiality of information and mandatory
reporting of suspected child abuse and neglect;
f. documentation of freedom from active
tuberculosis;
g. documentation of
requisite criminal history checks.
3. Juvenile records.
a. Written policies and procedures shall
govern record management and shall include, but not be limited to:
i. The establishment, utilization, content,
privacy, security and preservation of records.
ii. The schedule for the retirement and
destruction of inactive case records;
and
iii.
A provision for review of policies and procedures at least annually and
revision as needed.
b. A
register of all juveniles in care shall be kept by each facility. The register
shall include the following information for each juvenile:
i. name;
ii. date of birth;
iii. the name and address of each parent or
legal guardian, person with whom juvenile resides at time of admission;
iv. the name and address of the
legal custodian, if not the parent or legal guardian;
v. the name and address of closest living
relative if other than parent or guardian;
vi. the reason for admission; and
vii. the dates of admission and release.
c. Upon the release of
each juvenile from a detention facility, a completed admission and release form
shall be maintained by the facility.
d. Individual records shall be kept for each
juvenile which shall include the juvenile's:
i. identifying information;
ii. legal custodian;
iii. arrest record;
iv. court order or journal entry for any
juvenile in care longer than 48 hours;
v. medical and dental permission forms signed
by a parent or legal guardian.
The permission form used shall be one which is acceptable to
the vendor who will provide the service; and
vi. a written inventory of all money and
personal property of the juvenile signed by the juvenile and the admitting
staff member.
e. A daily
log of each juvenile's behavior, with notations regarding any special problems
during detention and the response of the staff to any problems shall be kept in
each juvenile's individual record file. Each entry shall be initialed by the
staff member making the entry.
f.
Information from a juvenile's records shall not be released without written
permission from the juvenile's parent or legal guardian. When the parent or
legal guardian is not available to provide written permission, an order of the
court having valid jurisdiction shall be acceptable. Improper disclosure of
records or information regarding a juvenile shall be grounds for revocation or
suspension of the facility's license or permit in force, or the denial of a
facility's application for licensure.
g. Written policy, procedure and practice
shall provide for the transfer of specific juvenile case file information upon
release of a juvenile to another facility or other residential care. Specific
case file information shall precede or accompany the juvenile and shall
include:
i. Identifying information;
ii. medical records;
iii. immunization records;
iv. insurance information;
v. medical card, when applicable;
vi. school placement information, including
present courses of study; and
vii.
the name and address of each parent or legal guardian.
h. Additional case file information to be
transferred shall accompany the juvenile or be transferred within 72 hours.
4. Recordkeeping.
Records required to be maintained by this regulation may be maintained in
paper, photographic, micro-process, magnetic, mechanical or electronic media or
by any process that accurately reproduces the actual document.
Miss. Code Ann.
§§
43-21-901
to
43-21-915
(Rev. 2016).