Alabama Administrative Code › Title 950 - ALABAMA DEPARTMENT OF YOUTH SERVICES › Chapter 950-1-4 - OVERVIEW TO THE LICENSING FUNCTION OF THE ALABAMA DEPARTMENT OF YOUTH SERVICES GENERAL POLICIES AND PROCEDURES › Section 950-1-4-.03 - Glossary

Current through Register Vol. 42, No. 9, June 28, 2024
Introduction - Various terms are used within the rules in this
				Chapter and in Chapters 950-1-5, 950-1-6, 950-1-7, 950-1-10, 950-1-12, and
				950-1-13 governing each Program licensed by the Department of Youth Services.
				Therefore, the reader should refer to materials identified within each chapter
				to follow for a review and description of appropriate terms as they are
				generally applied to each type of Program and services described.
(1) Admission - The process of entry into a
			 Program. During Admission processing the juvenile offender receives an
			 orientation to Program goals, rules, and regulations. Assignment to living
			 quarters and to appropriate staff also is completed at this time.
(2) Adventure - An undertaking of a hazardous
			 nature; a risky enterprise an unusual experience or course of events marked by
			 excitement and suspense.
(3) Agency
			 - The unit of a Governing Authority that has direct responsibility for the
			 operations of a corrections Program, including the implementation of Policy as
			 set by the Governing Authority.
(4)
			 Audit - An examination of Agency or Facility Records or accounts to check their
			 accuracy. It is conducted by a person or persons not directly involved in the
			 creation and maintenance of these Records or accounts. An independent Audit
			 results in an opinion that either affirms or disaffirms the accuracy of Records
			 or accounts. An operational or internal Audit usually results in a report to
			 management that is not shared with those outside the Agency.
(5) Chemical Agent - An active substance,
			 such as tear gas, used to defer activities that might cause personal injury or
			 property damage.
(6) Classification
			 - A process for determining the needs and requirements of those for when
			 confinement has been ordered and for assigning them to housing units and
			 Programs according to their needs and existing resources.
(7) Code of Ethics - A set of rules
			 describing acceptable Standards of conduct for all employees.
(8) Committing Authority - The Agency or
			 Court responsible for placing a Youth in a Program.
(9) Community Resources - Human services
			 agencies, service clubs, citizen interest groups, self-help groups, and
			 individual citizen volunteers that offer services, facilities, or other
			 functions that can meet the needs of the Facility of have the potential to
			 assist residents. These various resources may assist with material and
			 financial support, guidance, Counseling, and supportive services.
(10) Comprehensive Youth Services Centers- A
			 comprehensive Program for the treatment of delinquent behaviors in a
			 non-residential site with or without an in-house educational component,
			 established by any person, group of persons, Agency, association, or
			 organization, whether established for profit or otherwise, who or which
			 receives Youths for care and treatment.
(11) Contraband - Any item possessed by a
			 confined juvenile offender or found within the Facility that is illegal by law
			 or expressly prohibited by those legally charged with the administration and
			 operation of the Facility or Program.
(12) Counseling - Planned use of
			 interpersonal relationships to promote social adjustments. Counseling Programs
			 provide opportunities to express feelings verbally with the goal of resolving
			 the individual's problems. At least three types of Counseling may be provided:
			 individual, a one to one relationship; small group Counseling; and large group
			 Counseling in a living unit.
(13)
			 Court - The Juvenile Court.
(14)
			 Court Intake - The process whereby an officer of the Court receives a verified
			 complaint alleging delinquency, and determines further appropriate
			 action.
(15) Delinquent Youth - A
			 Youth who has been charged with or adjudicated for conduct that would, under
			 the law of the jurisdiction in which the offense was committed, be a crime if
			 committed by an adult.
(16)
			 Department - The Alabama Department of Youth Services.
(17) Disciplinary Hearing - A non-judicial
			 administrative Procedure to determine if substantial evidence exists to find an
			 inmate guilty of a rule violation.
(18) Education Program - A program of formal
			 academic education or a vocational Training activity designed to improve
			 employment capability.
(19)
			 Facility - A place, institution, building (or part thereof, set of buildings,
			 or area (whether or not enclosing a building or set of buildings) that is used
			 for the lawful custody and/or treatment of individuals. It may be owned and/ or
			 operated by public or private agencies and includes the staff and services as
			 well as the buildings and grounds.
(20) First Aid - Care for a condition that
			 required immediate assistance from and individual trained in First Aid care and
			 the use of the Facility's First Aid kit.
(21) Governing Authority - In
			 public/governmental agencies, the administrative Department or division to
			 which the Agency reports; the Policy-setting body. In private agencies, this
			 may be an administrative headquarters, central unit, or the board of directors
			 or trustees.
(22) Health Authority
			 - The physical health administrator, or Agency responsible for the provision of
			 Health Care services at an institution or system of institutions; the
			 Responsible Physician may be the Health Authority.
(23) Health Care - The sum of all action
			 taken, preventative and therapeutic, to provide for the physical and mental
			 well-being of a population. Includes medical and dental services, mental health
			 services, nursing, personal hygiene, dietary services, and environmental
			 conditions.
(24) Health Care
			 Personnel - Individuals whose primary duty is to provide health services to
			 residents in keeping with their respective levels of Health Care Training or
			 experience.
(25) Hearing - A
			 proceeding to determine a course of action, such as the placement of a juvenile
			 or adult offender, or to determine guilt or innocence in a disciplinary matter.
			 Argument, witnesses, or evidence are heard by a judicial officer or
			 administrative body in making the determination.
(26) Informed Consent - The agreement by a
			 patient to a treatment, examination, or Procedure after the patient receives
			 the material facts regarding the mature, consequences, Risks, and alternatives
			 concerning the proposed treatment, examination, or Procedure.
(27) Medical Screening - A system of
			 structured observation/ initial health assessment to identify newly arrived
			 juvenile offenders, and their ability to participate in the Program, pose a
			 health threat or safety threat to themselves or others.
(28) Petition - A written verified charge in
			 compliance with Title 12,
Code of Ala. 1975
, as
			 amended, (the Juvenile Justice Code), whereby a Youth is brought within the
			 jurisdiction of the Juvenile Court.
(29) Physical Examination - A thorough
			 evaluation of a resident's current physical condition and medical history,
			 conducted by or under the supervision of a licensed professional.
(30) Plan of Action - A description of action
			 steps designed to correct a condition that has caused a determination of
			 noncompliance with a Standard.
(31)
			 Policy - A course or line of action adopted and pursued by an Agency that
			 guides present and future decisions and actions. Policies indicate the general
			 course or direction of an organization within which the activities of the
			 personnel must operate. They are statements of guiding principles that should
			 be followed in directing activities toward the attainment of objectives. Their
			 attainment may lead to compliance with Standards and compliance with the
			 overall goals of the Agency or system.
(32) Procedure - The detailed and sequential
			 actions to implement Policy. It guides performance an operation or Procedure on
			 a course of action. It differs from a Policy in that it provides specific
			 guidance for action in particular situations for the performance of specific
			 tasks within the parameters of Policy.
(33) Program - The plan or system through
			 which a correctional Agency works to meet its goals; often this Program
			 requires a distinct physical setting, such as an institution, community
			 residential Facility, group home, or foster home.
(34) Records - Information concerning the
			 individual's delinquent or criminal, personal, and medical history and behavior
			 and activities while in custody, including but not limited to commitment
			 papers, Court orders, detainers, personal property receipts, visitors' lists,
			 photographs, fingerprints, type of custody, disciplinary infractions and
			 actions taken, grievance reports, work assignments, program participation, and
			 miscellaneous correspondence.
(35)
			 Releasing Authority - The decision-making body and/or individual that has the
			 responsibility to grant, deny, and revoke release from a juvenile Program of
			 supervision.
(36) Responsible
			 Physician - An individual licensed to practice medicine and provide health
			 services to the resident population of the Facility and/or the physician at an
			 institution with final responsibility for decisions related to medical
			 judgments.
(37) Right to Counsel
			 The right accorded to any Youth to be presented by legal counsel at any stage
			 of the juvenile process.
(38) Risk
			 - The possibility or probability that loss can occur.
(39) Security Devices - Locks, gates, doors,
			 bars, fences, screens, ceilings, floors, walls, and barriers used to confine
			 and control detained individuals. Also included are electronic monitoring
			 equipment, security alarm systems, security lights, auxiliary power supplies,
			 and other equipment used to maintain Facility security.
(40) Standard - A statement that defines a
			 required or essential condition to be achieved or maintained. Standards may
			 include, for example federal regulations promulgated under the Prison Rape
			 Elimination Act (PREA), Standards promulgated under the American Correctional
			 Association (ACA), or licensure Standards under this Chapter.
(41) Time-Out Area - Any area used to
			 separate a Youth from other program participants.
(42) Training - An organized, planned, and
			 evaluated activity designed to achieve specific learning objectives and enhance
			 the job performance of personnel. Training may occur on site, at an academy or
			 Training center, an institution of higher learning, during professional
			 meetings, or through contract service or closely supervised on-the-job
			 Training. It includes a formal agenda and instruction by a teacher, manager, or
			 official; physical Training/ or other instruction programs that include a
			 trainer/trainee relationship. Training programs usually include requirements
			 for completion, attendance recording, and a system for recognition of
			 completion. Meetings of professional associations are considered Training where
			 there is clear evidence of this.
(43) Youth - Includes any of the following:
(a) Any person under the age of eighteen
			 years; or
(b) Any person under the
			 age of nineteen who has been charged with committing an act of delinquency;
			 or
(c) Any person under the age of
			 twenty-one who is on probation, aftercare, or in the legal custody of the
			 Department.