Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 26 - Criminal Detention Facilities Review Commission › Rule 006.26.14-002 - Juvenile Detention Facility Standards (2014)

Current through Register Vol. 49, No. 6, June, 2024
Chapter I
DEFINITIONS AND TERMS
SECTION 2-1001
DEFINITIONS
The following words and terms, when used in this chapter, shall have
	 the following meanings, unless the context clearly indicates otherwise.
A.
JUVENILE DETENTION
  STAFF
one whose primary responsibility is the supervision
  of the daily activities of detained juveniles. Administrative, food services,
  janitorial and other auxiliary staff are not considered to be juvenile
  detention staff.
B.
JUVENILE DETENTION FACILITY
means any
  facility for the temporary care of juveniles alleged to be delinquent, or
  adjudicated delinquent and awaiting disposition, or charged or convicted of a
  criminal offense, which require secure custody in a physically restricting
  facility designed and operated with all entrances and exits under the exclusive
  control of the facility's staff.
C.
FULL SERVICE DETENTION FACILITIES
are
  programs that detain juveniles for up to
90
days and
  offer complete residential services such as education and recreational
  opportunities. The time limit does not apply to juveniles charged
as adults
and detained in the facility.
D.
HOLD OVER DETENTION
  FACILITY
(72 HOURS EXCLUDING WEEKENDS AND HOLIDAYS) a
  secure area separate from an adult jail that is used to hold an accused
  juvenile offender only, prior to a detention hearing.
E.
CHIEF
  EXECUTIVE
the elected or appointed person on whom rests the
  ultimate authority and responsibility for the administration and operation of
  the juvenile detention facility and for the care and confinement of the
  detainees confined herein, and for all facility personnel.
F.
HEALTH
  AUTHORITY
means a licensed physician, health administrator
  or agency. When this authority is a person other than a licensed physician,
  final medical judgment rests with a single responsible physician who is
  licensed in Arkansas, who has been so designated by the chief
  executive.
G. The use of the terms
  HE and HIM within these standards shall also mean SHE and HER. Use of the word
  SHALL within these standards denote a mandatory standard. Use of the word
  SHOULD within these standards denote a recommended standard.
H.
LICENSED
  DIETICIAN
means a person licensed by the Arkansas Dietetics
  Licensing Board.
I.
FAMILY IN NEED OF SERVICES
means any
  family with a valid court order whose juvenile evidences behavior which
  Includes, but is not limited to, the following:
1. Being habitually and without justification
  absent from school while subject to compulsory school attendance;
2. Being habitually disobedient to the
  reasonable and lawful commands of his parent, guardian, or custodian;
  or
3. Having absented himself from
  his home without sufficient cause, permission, or justification.
J.
JUVENILE
means an individual who is under
  eighteen (18) years
of age
, whether married or single,
  and is adjudicated delinquent, is a juvenile member of a family in need of
  services, or has been found to be dependent or dependent-neglected by the
  juvenile division of circuit court prior to eighteen (18) years of age and for
  whom the juvenile divisions of circuit court retains jurisdiction.
K.
STATUS
  OFFENDER
means a juvenile offender who has been charged
  with or adjudicated for conduct which would not, under the law of the
  jurisdiction in which the offense was committed, be a crime if committed by an
  adult. A status offender not considered a FINS under Valid Court
  Order.
L.
NON-OFFENDER
means a juvenile who is
  subject to the jurisdiction of the juvenile court, usually under abuse,
  dependency, or neglect statutes for reasons other than legally prohibited
  conduct of the juvenile with the exception of a FINS with Court
  Order.
M.
DIRECTOR
means the individual employed,
  either salaried, hourly or by contract, who is charged with the direct,
  day-to-day responsibilities for administration, operation, supervision of staff
  and/or juveniles and maintenance of the Juvenile Detention Facility and/or the
  Hold Over Detention Facility (72 hours).