California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 1 - Board of State and Community Corrections › Chapter 1 - Board of State and Community Corrections › Subchapter 5 - Minimum Standards for Juvenile Facilities › Article 1 - General Instructions › Section 1302 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall apply:
"Administering medication," as it relates to
						pharmaceutical management, means the act by which a single dose of medication
						is given to a patient by licensed health care staff. The single dose of
						medication may be taken either from stock (undispensed) or dispensed
						supplies.
"Alternate means of compliance" means a process for
						meeting or exceeding the intent of the standards in an innovative way as
						approved by the Board pursuant to an application.
"Appeal hearing" means an administrative procedure
						providing an appellant with an opportunity to present the facts of the appeal
						for the formal decision concerning matters raised pursuant to the purposes set
						forth in these regulations. Such hearing may be conducted using oral and/or
						written testimony as specified by the Executive Director of the Board or the
						Board.
"Appellant" means a county or city which files a request
						for an appeal hearing.
"Authorized representative" means an individual
						authorized by the appellant to act as its representative in any or all aspects
						of the hearing.
"Behavioral health" means mental/emotional well-being
						and/or actions that affect wellness. Behavioral health problems include:
						substance use disorders, alcohol and drug addiction, and serious psychological
						distress, suicide, and mental disorders.
"Behavioral/Mental Health Director" means that individual
						who is designated by contract, written agreement or job description to have
						administrative responsibility for the behavioral/mental health program of the
						facility or system. The health administrator shall work in cooperation with the
						behavioral/mental health director to develop and implement mental health
						policies and procedures.
"Board" means the Board of State and Community
						Corrections, which acts by and through its executive director, deputy
						directors, and field representatives.
"Camp" means a juvenile camp, ranch, forestry camp or
						boot camp established in accordance with Section
						881
						of the Welfare and Institutions Code, to which youth made wards of the court on
						the grounds of fitting the description in Section
						602
						of the Welfare and Institutions Code may be committed.
"Cisgender" means a person whose gender identity
						corresponds to the gender they were assigned at birth.
"Clergy" means persons ordained for religious
						duties.
"Committed" means placed in a jail or juvenile facility
						pursuant to a court order for a specific period of time, independent of, or in
						connection with, other sentencing alternatives.
"Contraband" is any object, writing or substance, the
						possession of which would constitute a crime under the laws of the State of
						California, pose a danger within a juvenile facility, would interfere with the
						orderly day-to-day operation of a juvenile facility, or violate facility
						rules.
"Control Room" is a continuously staffed secure area
						within the facility that contains staff responsible for safety, security,
						emergency response, communication, electronics, and movement.
"Court holding facility for youth" means a local
						detention facility constructed within a court building used for the confinement
						of youth or youth and adults for the purpose of a court appearance, for a
						period not to exceed 12 hours.
"Culturally Responsive" means considering the diverse
						population of a facility with regard to race, language, ethnicity, sexual
						orientation, gender, gender expression, immigration status and values.
"De-escalation" in regard to use of force, is the use and
						application of efforts and techniques, including conflict resolution, to
						discourage, decrease or prevent threatening, disruptive or violent
						behavior.
"Delivering medication," as it relates to pharmaceutical
						management, means the act of providing one or more doses of a prescribed and
						dispensed medication to a youth.
"Developmental disability" applies to those persons who
						have a disability which originates before an individual attains age 18,
						continues, or can be expected to continue indefinitely, and constitutes a
						substantial disability for that individual. This term includes intellectual
						disability, cerebral palsy, epilepsy, and autism, as well as disabling
						conditions found to be closely related to intellectual disabilities or to
						require treatment similar to that required for individuals with intellectual
						disabilities, but shall not include other disabilities that are solely physical
						in nature.
"Direct visual observation" means staff must personally
						see youth's movement and/or skin. Audio/video monitoring and mirrors may
						supplement, but not substitute, for direct visual observation.
"Direct visual supervision" means staff are constantly in
						the presence of the youth. Audio/video monitoring and mirrors may supplement,
						but not substitute, for direct visual supervision.
"Dispensing," as it relates to pharmaceutical management
						and pursuant to Business and Professions Code Section
						4024,
						means the placing of one or more doses of a prescribed medication into
						containers that are correctly labeled to indicate the name of the youth, the
						contents of the container, and all other vital information.
"Disposal," as it relates to pharmaceutical management,
						means the destruction of medication or its return to the manufacturer or
						supplier on its expiration date or when retention is no longer necessary or
						suitable (e.g. upon youth discharge from the facility) or the provision of
						medication to the patient upon discharge.
"DNA" or Deoxyribonucleic acid means a chromosomal
						double-stranded molecule that exists in each living cell. DNA determines an
						individual's hereditary characteristics and can be used to distinguish and
						identify an individual from another person. This becomes critical when blood,
						hair, skin, or any other part of the body is used to prove one's involvement or
						lack of involvement, in a crime scene.
"Emergency" means a significant disruption of normal
						facility procedure, policy or operation caused by civil disorder, single
						incident of mass arrest of youth or natural disasters such as flood, fire or
						earthquake; and which requires immediate action to avert death or injury and to
						maintain security.
"Executive Director" means the Executive Director of the
						Board of State and Community Corrections.
"Exercise" means an activity that requires physical
						exertion of the large muscle groups.
"Exigent" means an urgent and unanticipated event that
						requires immediate action.
"Facility administrator" means chief probation officer,
						sheriff, marshal, chief of police or other official charged by law with
						administration of the facility.
"Facility manager" means director, superintendent, police
						or sheriff commander or other person in charge of the day-to-day operation of a
						facility holding youth.
"Filing date" means the date a request for an appeal
						hearing is received by the Executive Director of the Board.
"Food" means any nourishing substance that is eaten,
						drunk, or otherwise taken in to the body to sustain life, provide energy,
						and/or promote growth.
"504 plan" means a written educational plan developed by
						a group of educators, administrators, parents and other relevant participants
						that addresses the needs of a student with a physical or mental impairment
						which may substantially limit major life activities, including, but not limited
						to, caring for one's self, walking, seeing, hearing, speaking, breathing,
						working, performing manual tasks and learning as defined under Section
						504 of the Rehabilitation Act of
						1973.
"Furlough" means the conditional or temporary release of
						a youth from the facility.
"Gender expression" means the manner in which gender is
						expressed through clothing, appearance, behavior, speech, etc.
"Gender identity" means a person's sense of being male,
						female, some combination of male or female, or either male or female.
"Gender fluidity" means a gender identity which can vary
						over time. A gender fluid person may at any time identify as male, female,
						neutrois, any other non-binary identity, or some combination of identities.
						Their gender can also vary at random or vary in response to different
						circumstances. Gender fluid people may also identify as multi-gender,
						non-binary, and/or transgender.
"Gender Nonconforming" means a youth whose appearance or
						manner does not conform to traditional masculine and feminine gender
						norms.
"Group Punishment," which is not allowed, means
						sanctioning a group of uninvolved youth based on the actions of one or more
						youth.
"Health administrator" means that individual or agency
						that is designated with responsibility for health care policy and procedures
						pursuant to a written agreement, contract or job description. The health
						administrator may be a physician, an individual or a health agency.
"Health care" means behavioral/medical, mental health and
						dental services.
"Health care clearance" means a non-confidential
						statement which indicates to youth supervision staff that there are no health
						contraindications to a youth being admitted to a facility and specifies any
						limitations to full program participation.
"Health care provider" is an individual appropriately
						licensed by the State and is designated by contract, written agreement, or job
						description to have responsibility to provide preventive, curative,
						promotional, or rehabilitative health care in a systematic way to youth.
"Hearing panel" means a panel comprised of three members
						of the Board who shall be selected by the Chair at the time an appeal is filed.
						A fourth member may be designated as alternate. Members designated to the
						hearing panel shall not be employed by, or citizens of, the county or city
						submitting an appeal.
"Human trafficking" means the trade of humans, most
						commonly for the purpose of forced labor, sexual slavery, or commercial sexual
						exploitation for the benefit of the trafficker or others.
"Individual Education Program" (IEP) means a written
						statement for each individual with exceptional needs that is developed,
						reviewed and revised in a meeting in accordance with Education Code Section
						56345 and
						applicable federal laws and regulation.
"Intersex" means a youth whose sexual or reproductive
						anatomy or chromosomal pattern does not fit typical definitions of male or
						female.
"Juvenile facility" means a juvenile hall ranch or camp,
						forestry camp, regional youth education facility, boot camp or special purpose
						juvenile hall.
"Juvenile hall" means a county facility designed for the
						reception and care of youth detained in accordance with the provisions of this
						subchapter and the juvenile court law.
"Labeling," as it relates to pharmaceutical management
						and pursuant to Business and Professions Code Sections
						4076
						and
						4076.5,
						means the act of preparing and affixing an appropriate label to a medication
						container.
"Legend drugs" are any drugs defined as "dangerous drugs"
						under Chapter 9, Division 2, Section
						4022
						of the California Business and Professions Code. These drugs bear the legend,
						"Caution Federal Law Prohibits Dispensing Without a Prescription." The Food and
						Drug Administration (FDA) has determined, because of toxicity or other
						potentially harmful effects, that these drugs are not safe for use except under
						the supervision of a health care practitioner licensed by law to prescribe
						legend drugs.
"Lesbian, Gay, Bisexual, Transgender, Questioning,
						Intersex (LGBTQI)" is a diversity of sexuality and gender identity-based
						cultures. It may be used to refer to anyone who is non-heterosexual or
						non-cisgender, instead of exclusively to people who are lesbian, gay, bisexual,
						or transgender. To recognize this inclusion, the letter Q is for those who
						identify as queer or are questioning their sexual identity. The letter I stands
						for "intersex" which is defined above.
"Linguistically appropriate" means delivered in a manner
						that effectively communicates with persons of limited English proficiency,
						those who have low literacy or are not literate, and individuals with
						disabilities.
"Living unit" shall be a self-contained unit containing
						locked sleeping rooms, single and double occupancy sleeping rooms, or
						dormitories, day room space, water closets, wash basins, drinking fountains and
						showers commensurate to the number of youth housed. A living unit shall not be
						divided in a way that hinders direct access, supervision, immediate
						intervention or other action if needed.
"Local Health Officer" means that licensed physician who
						is appointed by the Board of Supervisors pursuant to Health and Safety Code
						Section
						101000
						to carry out duly authorized orders and statutes related to public health
						within his/her jurisdiction.
"Meal" means the food served and eaten, especially at one
						of the customary or regular occasions for taking food during the day, such as
						breakfast, lunch or dinner.
"Minor" means a person under 18 years of age and includes
						individuals whose cases are under the jurisdiction of the adult criminal
						court.
"Non-school day" means a day when school is not in
						operation. It also applies when an individual youth is both not enrolled in
						school and not required to be in attendance.
"Notice of decision" means a written statement by the
						Executive Director of the Board which contains the formal decision of the
						Executive Director and the reason for that decision.
"On-site health care staff " means licensed, certified or
						registered health care personnel who provide regularly scheduled health care
						services at the facility pursuant to a contract, written agreement or job
						description. It does not extend to emergency medical personnel or other health
						care personnel who may be on-site to respond to an emergency or an unusual
						situation.
"Over-the-counter (OTC) drugs," as it relates to
						pharmaceutical management, are medications which do not require a prescription
						(non-legend). "Pilot project" means an initial short-term method to test or
						apply an innovation or concept related to the operation, management or design
						of a juvenile facility, jail or lockup pursuant to an application to, and
						approval by, the Board.
"Podular design" means a design concept for detention
						facilities in which housing cells, dormitories or sleeping rooms are positioned
						around the perimeter of a common dayroom, forming a housing/living unit.
						Generally, the majority of services for each housing/living unit (such as
						dining, medical exam/sick call, programming, school, etc.) occur in specified
						locations within the unit.
"Post-dispositional youth" means a youth detained in a
						facility after a dispositional order by the Court. "Procurement," as it relates
						to pharmaceutical management, means the system for ordering and obtaining
						medications for facility stock.
"Proposed decision" means a written recommendation from
						the hearing panel/hearing officer to the full Board containing a summary of
						facts and a recommended decision on an appeal.
"Prostheses" means artificial devices to replace missing
						body parts or to compensate for defective bodily function. Prostheses are
						distinguished from slings, crutches, or other similar assistive devices.
"Psychotropic medication" means those drugs that are used
						to treat psychiatric symptoms. Drugs used to reduce the toxic side effects of
						psychotropic medications are not included.
"Rated capacity" means the number of beds approved by the
						Board that can be utilized by a Juvenile Facility based on the design
						requirements of Title 24, Part 1, Article 2, Section
						13-201(c)6, of
						the California Code of Regulations.
"Reasonable and necessary force" refers to the amount and
						type of force that an objective, similarly trained, experienced and competent
						youth supervision staff, faced with similar facts and circumstances, would
						consider necessary and reasonable to ensure the safety and security of youth,
						staff, others, and the facility.
"Recreation" means the youth's free time to choose from
						activities that occupy the attention and offer the opportunity for relaxation.
						Such activities may include ping-pong, TV, reading, board games, and letter
						writing.
"Regional facility" means a facility serving two or more
						counties bound together by a memorandum of understanding or a joint powers
						agreement identifying the terms, conditions, rights, responsibilities and
						financial obligations of all parties.
"Remodeling" means to alter the facility structure by
						adding, deleting or moving any of the building's components thereby affecting
						any of the spaces specified in Title 24, Section
						460 A.
"Repackaging," as it relates to pharmaceutical
						management, means transferring medications from the original manufacturers'
						container to another properly labeled container.
"Request for appeal hearing" means a clear written
						expression of dissatisfaction about a procedure or action taken, requesting a
						hearing on the matter, and filed with the Executive Director of the
						Board.
"Responsible physician" means that physician who is
						appropriately licensed by the State and is designated by contract, written
						agreement or job description to have responsibility for policy development in
						medical, dental and mental health matters involving clinical judgments. The
						responsible physician may also be the health administrator.
"Room confinement" means the placement of a youth in a
						locked room with minimal or no contact with persons other than correctional
						facility staff and attorneys. Room confinement does not include confinement of
						a youth in a locked single person room for brief periods as may be necessary
						for required institutional operations.
"Room Extraction" means the forceful removal of a youth
						from a room.
"Security glazing" means a glass/polycarbonate composite
						glazing material designed for use in detention facility doors and windows and
						intended to withstand measurable, complex loads from deliberate and sustained
						attacks in a detention environment.
"Separation" means limiting a youth's participation in
						regular programming for a specific purpose.
"Sexual abuse" is sexual activity or voyeurism by one or
						more persons upon another person who does not consent, is unable to refuse, or
						is coerced into the act by manipulation, violence, or by overt or implied
						threats.
"Sexual orientation" means a person's emotional,
						romantic, and sexual attraction for members of the same, opposite or both
						genders.
"Shall" is mandatory; "may" is permissive.
"Snack" means a small portion of food, drink or a light
						meal, especially one eaten or drunk between regular meals.
"Sole supervision" means independent supervision of one
						or more youth by youth supervision staff who have successfully completed
						Juvenile Corrections Officer Core Training.
"Special purpose juvenile hall" means a county facility
						used for the temporary confinement of a youth, not to exceed 96 hours, prior to
						transfer to a full service juvenile facility or release.
"Special visits" mean visits by persons other than
						parents or guardians, those standing in loco parentis, and children of the
						youth, as outlined in Section
						1374 of these regulations.
"Status offender" means a minor alleged or adjudged to be
						a person described in Section
						601
						of the Welfare and Institutions Code.
"Storage," as it relates to pharmaceutical management,
						means the controlled physical environment used for the safekeeping and
						accounting of medications.
"Supervisory staff" means a staff person whose primary
						duties may include, but are not limited to, scheduling and evaluating
						subordinate staff, providing on-the-job training, making recommendations for
						promotion, hiring and discharge of subordinate staff, recommending disciplinary
						actions, and overseeing subordinate staff work. Supervisory staff may be
						included in the youth to supervision staff ratio when performing duties of
						direct youth supervision.
"Transgender youth" means a youth whose gender identity
						is different from the youth's assigned sex at birth.
"Trauma" is an experience that causes intense physical
						and psychological stress reactions. It can refer to a single event, multiple
						events, or a set of circumstances that is experienced by an individual as
						physically and emotionally harmful or threatening and that has lasting adverse
						effects on the individual's physical, social, emotional, cognitive, or
						spiritual well-being.
"Trauma-informed approaches" are policies, practices and
						procedures that ensure that all parties involved recognize and respond
						appropriately to the impact of traumatic stress and ensure the physical and
						psychological safety of all youth, family members, and staff.
"Trauma-informed care" means an organizational structure
						and system framework that involves understanding, recognizing, and responding
						to traumatic stress reactions and the effects of all types of trauma.
						Trauma-informed care also emphasizes raising awareness and providing resources
						about trauma and the impact of trauma on youth, family members and
						staff.
"Trauma reminder" means something that reminds a person
						of a traumatic event or loss and can lead to fear, panic, agitation, numbness,
						physiological arousal, or other traumatic stress reactions.
"Traumatic stress" occurs when youth are exposed to
						traumatic events and this exposure overwhelms their ability to cope.
"Un-enrolled" means an individual youth is not enrolled
						in school.
"Use of force" means an immediate means of overcoming
						resistance and controlling the threat of imminent harm to self or
						others.
"Voyeurism" means an invasion of privacy of a youth by
						another individual during private activities such as using the toilet or
						undressing, or by staff for reasons unrelated to official duties, such as
						peering at a youth who is using a toilet in his or her room to perform bodily
						functions; requiring the youth to expose his or her buttocks, genitals, or
						breasts; or taking images of all or part of a youth's naked body or of a youth
						performing bodily functions. Exceptions would include exigent circumstances or
						when such viewing is incidental to routine room safety checks.
"Youth" means any person who is in the custody of the
						juvenile facility. This person may be a minor under the age of 18 or a person
						over 18 years of age. This includes persons whose cases are under the
						jurisdiction of the juvenile court and persons whose cases are under the
						jurisdiction of the adult court.
"Youth supervision staff" means a juvenile facility
						employee, whose duty is to supervise the youth. Administrative, supervisory,
						food services, janitorial or other auxiliary staff is not considered youth
						supervision staff.
1. New
						section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2.
						Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No.
						2).
3. Amendment filed 6-23-2003; operative 7-23-2003 (Register
						2003, No. 26).
4. Amendment of section filed 6-18-2007 including
						agency name change pursuant to Penal Code section
						6024; operative
						7-18-2007 (Register 2007, No. 25).
5. Amendment of section and NOTE
						filed 12-2-2013; operative 4-1-2014 (Register 2013, No. 49).
6.
						Amendment filed 11-14-2018; operative 1-1-2019 (Register 2018, No. 46).
Note: Authority cited: Sections
						  210
						  and
						  885,
						  Welfare and Institutions Code. Reference: Section
						  209,
						  Welfare and Institutions Code.