Current through all regulations passed and filed through September 16, 2024
The following standards are mandatory:
(A) The detention center shall have a written
policy and procedure which prohibits employees from violating any civil rights
of juveniles which shall include but not be limited to:
(1) The detention center shall have written
policies protecting children from being used as human subjects for medical,
pharmaceutical, or cosmetic experiments.
(2) The right to a reasonable amount of
privacy.
(3) The right to have
his/her opinions heard and to be assured reasonable due process in all
matters.
(4) The right to receive
adequate and appropriate food, clothing, and housing.
(5) The right to participate in an
appropriate educational and/or vocational program.
(B) The detention center shall have a written
policy and procedure to ensure the right of a child to have access to courts,
including the right to reasonable and confidential access to counsel though
attorneys and their authorized representatives as well as access to courts and
legal materials provided by the attorney or courts.
(C) The detention center shall have written
policies and procedures regarding the photographing and audio or audio-visual
recordings of children in their custody which require that:
(1) The written consent of a child and the
child's parent(s) or guardian be obtained before the child is photographed for
fund raising or program publicity purposes.
(2) All photographs and recordings are used
in a manner which respects the dignity and confidentiality of the
child.
(D) The
discipline policies and procedures of the detention center shall incorporate
the philosophy that discipline is to be both constructive and educational in
nature. The detention center's discipline policies and procedures shall
prohibit all acts of punishments including, but not limited to:
(1) Any type of corporal punishment inflicted
in any manner upon the body.
(2)
The assignment of physically strenuous harsh work or exercises, when used
solely as a means of punishment.
(3) Requiring or forcing a child to maintain
an uncomfortable position, such as squatting or bending, or requiring a child
to continuously repeat physical movements when used solely as a means of
punishment.
(4) Group punishments
for the behavior of an individual, except in accordance with a recognized
therapeutic modality and as described by written detention center's
policy.
(5) Verbal abuse or
derogatory remarks.
(6) Denial of
planned and required recreational activity .
(7) The denial of
social or casework services.
(8) The denial
of religious or educational services .
(9) The deprivation
of meals, although scheduled meals may be provided individually.
(10) The denial of sleep.
(11) The denial of shelter, clothing,
bedding, or restroom facilities.
(12) Inappropriate or intentionally painful
physical restraint.
(13) Organized
social ostracism, including codes of silence.
(14) The use of chemical or medical
restraints.
(15)
The denial of medical treatment.
Effective: 2/1/2019
Five Year Review
(FYR) Dates: 11/14/2018 and
02/01/2024
Promulgated
Under: 111.15
Statutory
Authority: 5139.04
Rule
Amplifies: 5139.281
Prior
Effective Dates: 12/11/1988, 01/30/2009, 02/07/2014,
03/21/2016
