Current through Register Vol. 35, No. 18, September 24, 2024
A. TYPES
OF CERTIFICATIONS
(1) FULL CERTIFICATION: Is
granted to a facility currently serving clients and determined to be in
substantial compliance with the certification standards. If there are minor to
few non-health and safety standards deficiencies, the department directs a
facility to correct deficiencies through the submission of a department
approved action plan within the time frame specified. The program produces
proof of correction through submission of appropriate and relevant
documentation or by subsequent on-site review. This certification status lasts
for twelve (12) months and is renewed prior to the expiration date.
(2) PROVISIONAL (TEMPORARY) CERTIFICATION: Is
granted to a facility determined to be in partial compliance with the
certification standards.
B. A temporary certificate covers, depending
upon the severity/chronicity of the deficiencies and at the discretion of the
department, any period of time up to one hundred twenty (120) days. During this
certification period the facility meets the conditions of participation. The
facility also submits an action plan within fourteen (14) days of receipt of
the department certification report. The department approves the action plan.
The facility is then either inspected on-site again, or is required to submit
proof of correction through submission of appropriate and relevant
documentation within the time frame the department specifies.
C. If the facility does not meet
certification requirements at the end of the temporary certification period, a
sanction is imposed along with a second temporary certification or the
temporary certification expires. Only two (2) consecutive temporary
certifications are granted.
D.
RENEWAL: Applicant must submit a request for certification, or renewal of
certification to the director upon the forms approved by the department.
Applications for renewal of certification must be submitted one month prior to
date of expiration.
E. AMENDED
CERTIFICATE: Is granted to facilities currently serving clients that has a
change of applicant. The new applicant applies to the department for an amended
certificate. The existing expiration date applies.
(1) A request for an amended certificate is
submitted in writing to the director upon the forms approved by the
department.
(2) A request for an
amended certificate is submitted within ten (10) working days of the
change.
F. No juvenile
detention may operate unless certification is received.
G. TYPES OF SANCTIONS
(1) Action plan with monitoring. The
department directs a facility to correct deficiencies within the time frame
specified by the department through the submission of an action plan. At the
discretion of the department, the action plan can be written by the facility
and approved by the department or it may be a directed action plan that the
department writes and is enforced by the facility within the time frame
specified by the department. The Facility produces proof of correction through
submission of appropriate and relevant documentation. The department may
conduct an on-site inspection to review the cacility with emphasis on the
previously noted deficiencies. An action plan may involve the appointment of a
monitor who determines compliance with the action plan and if corrective steps
are taken to remedy violation of a systematic level. The detention facility
pays for all costs associated with the process. The monitor will be selected by
the department
(2) Denial of
certification: The department denies initial certification, renewal of
certification or revokes the certification based on existing and or history of
violations of the standards. A facility may not apply for certification for a
period of six (6) months after denial of certification.
(3) Emergency suspension: The departments
suspends certification immediately based on health and safety
deficiencies.
(4) Letter of
correction: A letter informing a facility of deficiencies that are to be
corrected before the next inspection and which a sanction was not imposed at
the time of initial inspection.
(5)
Suspension: The department suspends certification for a specified period of
time pending correction of deficiencies.
H. CONSIDERATION FOR IMPOSITIONS OF SANCTIONS
(1) health and safety of juveniles and
staff,
(2) abuse, neglect or
exploitation of juveniles,
(3)
regulatory violations which immediately affect the health and safety of the
juveniles,
(4) number of violations
of standards,
(5) repetitive
violations of standards, does not have to be on consecutive
inspections,
(6) failure to correct
violations found on previous visits in which a sanction was not imposed but a
letter of correction was issued,
(7) history of non-compliance,
(8) non-disclosure and or deceit regarding
condition of facility, records or services provided, and
(9) violation of standards.
I. In the event of closure of a
detention facility is proposed, the detention facility shall cooperate with the
orderly transfer of residents, provide all records related to the resident to
CYFD, and fully cooperate with any instruction from the department.
