Current through all regulations passed and filed through December 16, 2024
(A) The CCF
will have
written policy and procedure, practice restricting the use of "response to
resistance" to instances of justifiable self defense, protection of others,
protection of property, and prevention of escapes, and then only as a last
resort and in accordance with appropriate statutory authority. In no event are
responses to resistance justifiable as punishment. A written report is prepared
following all "response to resistance" and is submitted to administrative staff
for review.
The use of prone restraint is prohibited across all state
systems. Prone restraint is defined as all items or measures used to limit or
control the movement or normal functioning of any portion, or all, of an
individual's body while the individual is in a face down position for an
extended period of time. Prone restraint includes physical or mechanical
restraints.
(B) The use of
"response to resistance"
will be documented and include, but not be
limited to:
(2) The response to resistance that was
used
(3) Justification for the use
of response to resistance
(C) The CCF
will have a
written policy, procedure, and practice provide for and documents the
examination and/or treatment by CCF medical personnel or outside emergency
medical services of juveniles and/or staff involved in any response to
resistance, when:
(1) A person involved has
suffered physical injury
(2) A
person involved complains of an injury or requests medical assistance
(D) The CCF shall have written
policies and procedures that require reporting of suspected or alleged juvenile
abuse or neglect incidents to the public children services agency or law
enforcement agency of appropriate jurisdiction and the court which has placed
the juvenile.
(E) The CCF shall
cooperate with the public children services agency or law enforcement agency
during an investigation of suspected or alleged juvenile abuse or neglect.
Cooperation will include, but not limited to, permitting access
to:
(1) The alleged juvenile victim
(2) The alleged perpetrator
(5) Incident report or logs
(a) Medical and dental records
(e) Photographs, video
documentation
(f) Other records,
which relate to the investigation of alleged juvenile abuse or
neglect.
(6) There exist
written policies and procedures concerning security and control, which are
available to all personnel. Their policies and procedures are reviewed annually
and updated as necessary.
(7) The
use of chemical agents and related restraining devices is prohibited. Written
policy and procedure govern the availability, control and use of approved
security devices. Security devices are used only in accordance with the written
policy and procedure. A written report is prepared following all uses of
"response to resistance" and restraints, and is submitted and reviewed by the
CCF director.
(8) The CCF
will
have a written policy and procedure that requires that all security perimeter
entrances, exterior doors and all doors the CCF director determines should be
locked are kept locked, except when used for admission or exit of employees,
detained juveniles or visitors, and in emergencies.
(9) The CCF will have a
written policy and procedure that requires that staff maintain a permanent log
that records routine information and emergency situations, and unusual
incidents.
(10) The policy
regarding searches for the control of contraband is published, made available
to staff and juveniles and reviewed at least annually and updated if
necessary.
(11) The CCF
will
have a written policy and procedure that provides for the least intrusive
method of search consistent with the safety and security of the CCF. Frisk
searches and/or strip searches are conducted without specific authorization
only upon entry to the CCF and at all other times are based upon a reasonable
belief that the juvenile is carrying contraband.
(12) All strip searches will be conducted in
privacy. Manual or instrument inspection of lower body cavity or cavities are
prohibited within the facility. All strip searches of female juveniles may be
conducted only by female staff. Such searches of male residents may be
conducted only by male staff. However, a physician or nurse may conduct
searches of juveniles of either sex. Strip searches may not be conducted in the
presence of the opposite sex.
(13)
Firearms are not permitted in the CCF except in emergency situations. Staff are
prohibited from bringing in and/or possessing any weapon, chemical agent, or
any object which presents the potential of being used as a weapon.
(14) The CCF
will have
locked storage (e.g., weapons locker/cabinet) for the temporary securing of
weapons when police and other authorized persons enter the security
perimeter.
(15) The CCF
will
have a written policy, procedure, and practice governing the control and use of
keys/key cards to include, but not limited to the following:
(a) A key control center which is secured and
inaccessible to unauthorized persons at all times.
(b) An accounting procedure for issuing and
returning keys/key cards.
(c) A
procedure for the immediate reporting and repairing of any broken or
malfunctioning key/key card or lock.
(d) A set of duplicate keys to be maintained
in a separate, secure place, which is readily accessible during
emergencies.
(e) Keys operating
locks to outside doors and/or gates
will be secured and not readily accessible to
unauthorized persons within the security perimeter.
(f) Emergency keys and keys to control
security areas are clearly marked and issued in accordance with written
procedures established by the CCF administrator.
(g) Precautions taken to ensure the security
of all non-key operated locking devices (e.g., electrical switches,
levers).
(16) The CCF
will
have a written policy and procedure governing the control and use of tools,
medical and culinary equipment.
(17) The use of restraining devices,
including four and five point restraints, is discouraged. CCF written policy
and procedure provide that instruments of restraint are never applied as
punishment and are applied only in accordance with written policy and
procedure.
(18) The CCF
will
have written policy and procedures governing safety and security precautions
for agency vehicles.
(19) The CCF
will
have a written policy, procedure, and practice requiring at least a weekly
inspection and maintenance of all security devices, and corrective action is
initiated when necessary.