reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.120 - ADMINISTRATIVE RECORDS

Current through August 31, 2023
01.
Documentation Retention
. The Provider must document and retain documentation of all information related to the following items: (3-31-22)
a. Program consultation provided, such as technical assistance on program design and implementation; (3-31-22)
b. Training provided to staff; (3-31-22)
c. All alleged instances of child abuse; (3-31-22)
d. Program audits or reviews, including corrective actions required and taken; (3-31-22)
e. Reports of sexual abuse disclosures to the applicable state licensing authority or law enforcement; (3-31-22)
f. Juvenile offender and staff grievances; (3-31-22)
g. Copies of all completed incident reports; and (3-31-22)
h. Copies of background checks for all current employees, contractors, volunteers and interns who may have contact with residents. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.121 - STAFF QUALIFICATIONS

Current through August 31, 2023
01.
Licenses
. All individuals providing services to juveniles in the custody of the Department must possess all licenses or certifications for their particular position as required by statute, rule, or by the applicable state licensing authority. (3-31-22)
02.
Education or Experience
. All individuals providing services must be qualified to do so, based on knowledge, skills, and abilities. In addition, certain program and professional caregivers must meet specific minimum standards for education or experience. These standards constitute, in part, the basis for determining the adequacy of program and professional services delivered under contractual agreement with the Department. (3-31-22)
03.
Position Descriptions
. Providers must maintain written position descriptions for every job class established in the organization. In all cases, the particular job titles used by the Provider to provide counseling, therapy, direct care, and supervision of juvenile offenders, as well as staff supervision and management, must be specifically cross-referenced with the job titles in these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.123 - PROGRAM STAFFING REQUIREMENTS

Current through August 31, 2023
01.
General Staffing Ratios
. The Provider must ensure that an adequate number of qualified staff are present at all times to provide rehabilitation and treatment services, supervise juvenile offenders, and provide for their health, safety, and treatment needs. Staffing patterns must ensure that professional staff is available to juvenile offenders at all times when they are in the program. The Provider staff should provide consistency and stability so that the juvenile offenders know the roles of each staff member. Specific staffing ratios shall be determined in each contract and must be based on the level of intervention of the program and the risk level of the juvenile offender population. (3-31-22)
02.
Emergency Staffing Ratios
. At all times, at least one (1) staff member on duty per twenty (20) juvenile offenders in the program must be currently certified to administer first aid and cardiopulmonary resuscitation (CPR). (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.124 - GENERAL REQUIREMENTS FOR TRAINING

Current through August 31, 2023
01.
Training Plan
. Training for staff must be conducted in accordance with a written plan approved by management and coordinated by a designated staff member that includes: (3-31-22)
a. Annual in-service training for all staff to include, but not be limited to: (3-31-22)
i. Identifying and responding to suicide risk; (3-31-22)
ii. Infectious diseases, blood borne pathogens, and universal precautions; (3-31-22)
iii. All training as outlined in section  115.331  of the PREA standards; (3-31-22)
iv. Prohibition of abuse and mandatory reporting of abuse; (3-31-22)
v. De-escalation of juvenile behavior and appropriate physical restraint techniques; and (3-31-22)
vi. Incident reporting. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.126 - BACKGROUND CHECKS

Current through August 31, 2023
The Provider must ensure that all employees, subcontractors, interns, and volunteers, with the exception of those listed in Subsection  125.04  of these rules, have undergone a criminal background check every five (5) years in the manner and form required by IDAPA 16.05.06, "Criminal History and Background Checks." In addition to the crimes listed resulting in unconditional denial, any crime not specified there that requires registration on the sex offender registry in Idaho, or any other state, will also result in an unconditional denial of employment for direct care or services, or assignment where the employee would have any opportunity to have contact with a juvenile offender in the Provider's care, including as a volunteer or intern. Documentation of background checks must be kept in confidential employee personnel files. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.130 - JUVENILE RECORDS

Current through August 31, 2023
01.
Case Management Documents
. The Provider must maintain individual files on all juvenile offenders, which include: (3-31-22)
a. Observation and assessment evaluation provided by the Department; (3-31-22)
b. Additional assessments; (3-31-22)
c. Service implementation plans; (3-31-22)
d. Progress reports; (3-31-22)
e. Incident reports; (3-31-22)
f. Court documents and dispositions; (3-31-22)
g. Professional correspondence; (3-31-22)
h. Restricted clinical information, kept separately; (3-31-22)
i. Medical records, kept separately; (3-31-22)
j. Educational records and school history, kept separately; (3-31-22)
k. Relapse prevention plan; (3-31-22)
l. Identifying information and physical descriptions; (3-31-22)
m. Last known parent or guardian address and telephone number; (3-31-22)
n. Date of admittance and projected release from the Provider; and (3-31-22)
o. Records of juvenile offender's earnings, restitution payments, and community service hours earned. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.131 - RELEASE FORMS

Current through August 31, 2023
01.
Release of Non-medical Information
. The juvenile offender, parent or guardian, and Department representative must sign a release of information and consent form before information about the juvenile offender is released to any non-juvenile justice entity. A copy of the consent form must be maintained in the juvenile offender's file at the program and in the case management file maintained by the Department. (3-31-22)
02.
Release of Medical Information
. Release of medical information requires more specific authorization. The Provider must abide by Subchapters B and C of these rules, as applicable. (3-31-22)
03.
Minimum Information
. The release of information and consent form must, at a minimum, include the following: (3-31-22)
a. Name of person, agency, or organization requesting information; (3-31-22)
b. Name of person, agency, or organization releasing information; (3-31-22)
c. The specific information to be disclosed; (3-31-22)
d. The date consent form is signed; (3-31-22)
e. Signature of the juvenile offender and the parent or guardian, if the juvenile offender is under the age of 18; (3-31-22)
f. The signature of the person witnessing the juvenile offender's signature; and (3-31-22)
g. Effective and expiration dates. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.132 - JUVENILE OFFENDER PHOTOGRAPHS

Current through August 31, 2023
01.
Limitations
. No juvenile offender in the custody of the Department may be used in person or by photograph or any other visual image for the express purpose of any fund raising efforts. (3-31-22)
02.
Department Authorization
. Permission to release or use the photographs and any other visual image of juvenile offenders in the custody of the Department must require written authorization from the Department Director or designee. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.133 - RESEARCH PROJECTS

Current through August 31, 2023
01.
Written Policy
. The Provider must have a written policy regarding the participation of juvenile offenders in research projects that prohibits participation in medical or pharmaceutical testing for experimental or research purposes. (3-31-22)
02.
Voluntary Participation
. Policies must govern voluntary participation in non-medical and nonpharmaceutical research programs. However, juvenile offenders may not participate in any research program without prior written approval from the Director or designee. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.135 - SUICIDE PRECAUTIONS

Current through August 31, 2023
01.
Policy Requirements
. All Providers must have a written policy for responding to juvenile offenders who present a risk of suicide requiring, at a minimum, that: (3-31-22)
a. Staff are regularly trained to identify, document, and appropriately respond to behavior that may indicate a risk of suicide; (3-31-22)
b. The Provider utilizes medical or other staff trained by a mental health professional to review history, interview, and observe juvenile offenders new to the program in order to complete a suicide risk screening within two (2) hours of admission. The screening is done to identify any immediate threat of suicide or self-harm and the need for a suicide risk assessment; (3-31-22)
c. The Provider utilizes a mental health professional to complete a suicide risk assessment on a juvenile offender who has been identified by staff as presenting a risk of suicide. A suicide risk assessment is a system of structured and documented observation, interview, and review of behavioral and mental health information. It comprises a thorough review of recent behavioral and mental health information and interviews of staff and the juvenile offender concerning the behavior that seems to present the threat of self-harm or suicide. A suicide risk assessment typically involves an assessment of the juvenile offender's determination to act on intentions of self-harm, a determination of the depth of planning for making the attempt, the availability of the items or situations necessary for the juvenile to act on that plan, and the lethality of the plan, as expressed; (3-31-22)
d. The Provider utilizes a mental health professional to develop and disseminate a safety plan for each juvenile offender identified as presenting a risk for suicide. The safety plan includes a detailed supervision plan for the juvenile offender; (3-31-22)
e. Reassessment of suicide risk and whether it is reduced enough to reduce or terminate suicide precautions is made at a time determined by the mental health professional completing the assessment and is ideally completed by that same mental health professional; and (3-31-22)
f. The Provider prohibits the use of separation and isolation of juvenile offenders identified as presenting a suicide risk, unless constant one-on-one (1 on 1) staff supervision is provided. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.140 - JUVENILE OFFENDER RIGHTS AND RESPONSIBILITIES

Current through August 31, 2023
01.
Residential Treatment Provider Obligations
. The Provider must respect, and not infringe upon, the rights of each juvenile offender in its program. The Provider must also be responsible for understanding the rights and responsibilities of juveniles in custody, and knowing which rights have been forfeited as a result of being placed in custody. (3-31-22)
02.
Juvenile Offender Program Responsibilities
. The Provider must inform each juvenile offender, upon admission to its program, of each juvenile offender's responsibilities during the program. Additionally, each juvenile offender must have an understanding of the following program expectations: (3-31-22)
a. Requirements needed to complete program; (3-31-22)
b. How to access medical services; (3-31-22)
c. How to file a grievance; (3-31-22)
d. How to report incidents of sexual abuse between juvenile offenders or between staff and juvenile offenders; and (3-31-22)
e. How to contact the juvenile services coordinator and juvenile probation officer. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.141 - DISCIPLINE OF JUVENILE OFFENDERS

Current through August 31, 2023
01.
Written Policies and Procedures
. All providers offering treatment services must have comprehensive written discipline policies and procedures, which are explained to all juvenile offenders, families, and staff. These policies must include positive responses for appropriate behavior. They must include a provision for written notice to the juvenile offender being disciplined, a mechanism for a fair and impartial hearing to include at least one staff member not involved in the disciplinary action, and a process for appeal. (3-31-22)
02.
Administration of Discipline
. Discipline will be administered in a way to create a learning experience for the juvenile offender, and never in a way that degrades or humiliates the juvenile offender. Staff will make every effort to maintain control of juvenile offenders through positive methods. No juvenile offender will supervise nor carry out disciplinary actions over another juvenile offender. (3-31-22)
a. Prior to and upon initiating a disciplinary action, careful attention should be given to ensure the disciplinary sanctions are proportionate with the nature and circumstances of the behavior and the program rules to determine the seriousness of the misbehavior and the appropriate type of discipline. (3-31-22)
b. Disciplinary actions are not the same as the consequences that are spelled out as a part of a service implementation plan for the juvenile offender. A Provider must make every effort to resolve problems with the least amount of formal disciplinary activity possible. Efforts should be made first to instruct and counsel the juvenile offender. (3-31-22)
c. Any restriction of a juvenile offender's participation in a program resulting from a formal disciplinary action must be reported in an incident report. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.142 - GRIEVANCE PROCEDURES

Current through August 31, 2023
01.
Written Procedures
. The Provider must have a written grievance procedure for juvenile offenders, which includes the right to appeal disciplinary actions against them if a separate disciplinary grievance procedure is not available. It must be written in a clear and simple manner and allow juvenile offenders to make complaints without fear of retaliation. The grievance procedure must be explained to the juvenile offender by a staff member and such documented in the juvenile's file. (3-31-22)
02.
Grievance Process
. (3-31-22)
a. Grievance forms must be in a location accessible to juvenile offenders without having to request such a form from staff. Completed forms should be placed in a secure area and collected daily. (3-31-22)
b. The provider must complete a review and discuss findings with the juvenile offender within three (3) business days of receipt of the grievance form. (3-31-22)
c. If the juvenile offender lives independently, the Provider must have a process for the juvenile to submit grievance forms to the program director without having to request such a form from staff. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.143 - JUVENILE OFFENDER SAFETY

Current through August 31, 2023
Every juvenile offender has the fundamental right to feel safe. Residential treatment providers have the responsibility to ensure that a juvenile offender is safe while in their care. Every juvenile offender must be informed of procedures whereby a professional staff person can be contacted on a twenty-four (24) hour basis if the juvenile offender does not feel safe. The Provider's administration must make periodic contact with juvenile offenders in the program to determine if they feel safe and are comfortable when interacting with peers and staff. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.144 - SEARCHES FOR CONTRABAND

Current through August 31, 2023
01.
Searches of Personal Items
. Routine searches of personal items being introduced into the program or residence may be conducted by staff prior to the juvenile offender taking possession of their property, or when the juvenile offender is returning to the program or residence from an individual community pass. Search of a juvenile offender's belongings or residence may be done at any time and must be minimally intrusive. (3-31-22)
02.
Policies and Procedures Governing Consequences
. The Provider must have written policies and procedures establishing the consequences for juvenile offenders found with contraband. (3-31-22)
03.
Clothed Body Searches
. (3-31-22)
a. Clothed body searches of juvenile offenders may be conducted whenever the Provider believes it is necessary to discourage the introduction of contraband into the program, or to promote the safety of staff, juvenile offenders, and visitors. A clothed body search may be used when a juvenile offender is returning from a visit, outside appointment, or activity. (3-31-22)
b. Clothed body searches must be conducted in the manner required in the rules of the Idaho Department of Health and Welfare under IDAPA 16.06.02, "Standards for Child Care Licensing." Clothed body searches of juvenile offenders will be conducted by staff of the same gender as the juvenile offender. Clothed body searches will be conducted using a pat down search outside the juvenile's clothing. The staff member must have had appropriate training in conducting clothed body searches. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.145 - RELIGIOUS SERVICES

Current through August 31, 2023
The Provider must ensure that attendance at religious services is voluntary. No juvenile offender is required to attend religious services, and no juvenile offender may be penalized for not attending nor given privileges for certain attendance. The Provider's staff schedule must not encourage or discourage participation in general or specific religious services or activities. (3-31-22)
01.
Voluntary Practice
. All juvenile offenders must be provided the opportunity to voluntarily practice their respective religions in a manner and to the extent that will not compromise the safety, security, emotional, or physical well-being of the juvenile offenders in the program. (3-31-22)
02.
Attendance
. Juvenile offenders may be permitted to attend religious services of their choice in the community, as long as community safety is ensured. (3-31-22)
03.
Transportation
. Programs must, when reasonably possible, arrange transportation for those juvenile offenders who desire to take part in religious activities of their choice in the community. (3-31-22)
04.
Risk to Community
. If the juvenile offender cannot attend religious services in the community because staff has determined that the juvenile is an escape risk, or otherwise presents a risk to the safety of the community, the Provider must make reasonable efforts to ensure that the juvenile offender has the opportunity to participate in religious services of the juvenile's choice at the program. (3-31-22)
05.
Visits
. Juvenile offenders must be permitted to receive visits from representatives of their respective faiths. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.146 - DRUG SCREENS OF JUVENILE OFFENDERS

Current through August 31, 2023
Drug screens may be done randomly or on an as needed basis, at the Provider's expense, with the approval of the Provider's program director. A record must be kept of all drug screens and results with positive drug screenings immediately reported to the juvenile services coordinator. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.150 - EMPLOYMENT OF JUVENILE OFFENDERS

Current through August 31, 2023
01.
Employment
. If juvenile employment away from the program site is a part of the program, written policy and procedure must provide that program resources and staff time are devoted to helping employable juvenile offenders locate employment. Programs must ensure that each employment opportunity meets all legal and regulatory requirements for juvenile employment. The juvenile offender's employer must be consulted at least twice monthly by the Provider concerning the juvenile offender's work abilities and performance on the job site. Additionally, the Provider must perform checks on the job-site at least monthly to ensure the juvenile offender is working under acceptable conditions. Under no circumstances should staff or the families of staff benefit financially, or otherwise, from work done by juvenile offenders in the program. (3-31-22)
02.
Employment Opportunities
. Every reasonable effort must be made to select employment opportunities that are consistent with the individual interests of the juvenile offender to be employed. Preference will be given to jobs that are related to prior training, work experience, or institutional training, and may be suitable for continuing post-release employment. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.151 - COMMUNITY SERVICES AND RESTITUTION

Current through August 31, 2023
01.
Community Service
. Juvenile offenders may have court-ordered community service hours. The Provider must obtain prior approval from the juvenile probation officer to complete any court-ordered community service hours while at the Provider. The Provider will document approved community service hours and report the accumulation of completed hours in the juvenile offender's progress report. (3-31-22)
02.
Court Ordered Restitution
. The Provider must work with the juvenile probation officer and juvenile services coordinator to determine the amount of restitution owed. The Provider must create a plan for the juvenile offender to submit a portion of a juvenile offender's personal funds or earned income for the payment. When juvenile personal funds are available, the Provider will submit payment to the county until the restitution amount is satisfied. Documentation of the payment is provided to the juvenile services coordinator. (3-31-22)
03.
Restitution for Program Damages
. Monetary restitution may only be sought through a court order when a juvenile offender has damaged or destroyed property, or has caused or attempted to cause injury to other juvenile offenders or staff. The Provider must not access the juvenile offender's personal funds for program damages. Restitution for damages must begin with a plan for repair by the juvenile offender. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.153 - JUVENILE OFFENDER AND PARENT OR GUARDIAN HANDBOOK

Current through August 31, 2023
The Provider must provide each juvenile offender and their parent or guardian with program handbooks that are written in an age-appropriate manner. (3-31-22)
01.
Required Content
. Handbooks must address, at a minimum, the following: (3-31-22)
a. Requirements needed to complete program; (3-31-22)
b. Juvenile offender rights and responsibilities; (3-31-22)
c. The means available to safely report sexual abuse and harassment; (3-31-22)
d. Grievance procedures; (3-31-22)
e. Religious services; (3-31-22)
f. Search procedures, including a list of what constitutes as contraband and the consequences for its possession; (3-31-22)
g. The Provider's disciplinary process; (3-31-22)
h. Visitation, mail, and phone correspondence; (3-31-22)
i. The Provider's obligation to make reasonable accommodations for any disabilities, language barriers, or other special needs; (3-31-22)
j. The daily schedule for juvenile offenders; and (3-31-22)
k. A description of services or items for which a juvenile offender may be charged by the Provider. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.154 - PROGRAM OPERATIONAL REQUIREMENTS

Current through August 31, 2023
01.
General Requirements
. (3-31-22)
a. Providers shall provide vigorous programming that minimizes periods of idle time, addresses behavioral problems of juvenile offenders, and teaches and promotes healthy life choices. Programs should specifically address those factors in juvenile offender's lives that contribute to delinquency and that can be realistically changed. (3-31-22)
b. Providers shall encourage appropriate telephone contact, mail contact, and visitation between juvenile offenders and their families. (3-31-22)
c. Providers must structure and document services offered in the program so that continuity in case planning is obvious. Medical health, mental health, substance abuse, social skills, educational, vocational, independent living, and other special needs identified in the assessment must be clearly addressed in the service implementation plan. Services provided to address those needs must be documented regularly. (3-31-22)
d. Service needs remaining at the time of release from Department custody or transfer must be accounted for in the reintegration plan for each juvenile offender. (3-31-22)
e. The Provider will not admit more juveniles into care than the number specified on the Provider's license. Providers wishing to increase capacity are responsible for contacting the applicable licensing agency. A copy of the written confirmation to the Provider from the applicable licensing agency for verbal approval to exceed the licensed capacity must be forwarded to the Department's Quality Improvement Services Bureau. (3-31-22)
f. The Provider must have and strictly follow a comprehensive policy covering the supervision of juvenile offenders, including a plan for monitoring all movement of those juvenile offenders both in the facility and, as appropriate, within the community. Staff at the facility must be aware of the location of every juvenile offender assigned to that program at all times. (3-31-22)
g. Programs may not, under any circumstances, involve juvenile offenders in plethysmographic assessments. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.155 - PLANNING FOR RELEASE OR TRANSFER

Current through August 31, 2023
01.
Aftercare Planning
. Programs must promote continuity in programming and services for juvenile offenders after they leave the program by assuring that essential information is forwarded to those agencies that may be providing services to the juvenile offenders, and working closely with Department staff throughout placement to plan for reintegration. (3-31-22)
02.
Approval
. Reintegration, by release from Department custody or transfer, must not take place without the involvement of the Department's assigned juvenile services coordinator, and the written approval of the regional clinical supervisor and regional superintendent. (3-31-22)
03.
Department Concurrence
. Preparation for reintegration of a juvenile offender begins with the initial development of a service plan and is an ongoing process throughout the juvenile offender's program. Criteria for the juvenile offender's release from Department custody or transfer must be explained to the juvenile as soon as possible after admission to a program. (3-31-22)
04.
Reintegration Staffing
. The juvenile services coordinator shall convene a reintegration staffing, which will include the juvenile offender's probation officer, the Provider, the juvenile offender's parent or guardian, an education representative, and the juvenile offender. At a minimum, a review of the plans to address any ongoing medical or mental health, substance abuse, social skills, education, vocation, independent living, and other special needs will be conducted. The juvenile offender's relapse prevention plan will be reviewed by the juvenile probation officer, the juvenile's parent or guardian, the education representative, and juvenile services coordinator. Based upon the results of that staffing and pending juvenile services coordinator approval of the relapse prevention plan, the Department will make the final decision regarding transfer or release from Department custody. (3-31-22)
05.
Check-Out Procedures
. Prior to the release from Department custody or transfer, the Provider must have completed a Provider Juvenile Check-Out Form (DJC-180) supplied by the Department. The form must be dated, signed by the juvenile offender, and forwarded to the juvenile services coordinator and any designees on the actual date that the juvenile offender leaves the program. (3-31-22)
a. The Provider must provide the juvenile's Medicaid card and a thirty (30) day supply of all medications or a thirty (30) day prescription signed by the physician to the individual or agency authorized to transport the juvenile offender. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.156 - INCIDENT REPORTING REQUIREMENTS

Current through August 31, 2023
01.
Incidents Requiring Immediate Notice to Parent or Guardian and Department
. All notifications under this section must be made to the regional facility in the region where the Provider is located. Out-of-state Providers must notify the juvenile correctional center in Nampa. Providers must ensure that a detailed, written incident report is completed and signed by involved staff before the end of the shift during which the incident took place. If any of the following events occur, the Provider must immediately notify the juvenile offender's parent or guardian, juvenile services coordinator, juvenile probation officer, and the Department's regional facility by telephone (not by facsimile or electronically). The Department's regional R.N. must also be notified immediately in the event of all medical and mental health incidents. (3-31-22)
a. Medical and mental health emergencies including, but not limited to: (3-31-22)
i. Every instance of emergency room access; (3-31-22)
ii. Refusal of medications, treatment recommended by a physician, or food for three (3) consecutive days; (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.157 - OUT-OF-STATE TRAVEL

Current through August 31, 2023
When a Provider is planning an out-of-state trip for any of its juvenile offenders, the facility administrator must obtain prior written authorization from the regional clinical supervisor or designee. The necessary sequence of action and approval is as follows: (3-31-22)
01.
Notification
. The Provider must notify the juvenile services coordinator in writing fourteen (14) business days in advance of the scheduled trip with the following: (3-31-22)
a. Dates of the scheduled trip; (3-31-22)
b. Location of the trip; (3-31-22)
c. Purpose of the trip; (3-31-22)
d. Transportation arrangements; (3-31-22)
e. Where the juvenile offender will be staying if overnight accommodations are required (address and phone number); and (3-31-22)
f. Who is going, such as juvenile offender, and name and position of staff. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.158 - ADDITIONAL PROGRAM POLICY REQUIREMENTS

Current through August 31, 2023
01.
Written Policies
. In addition to other policy requirements listed in these rules, Providers must have, at a minimum, the following written policies concerning program operations available at the program site: (3-31-22)
a. Program elements and implementation; (3-31-22)
b. Admission policy describing the target population and criteria for admission, and identifying sources of referrals to the program; (3-31-22)
c. Criteria for assigning juvenile offenders to different units within the program, if applicable; (3-31-22)
d. The provision of (or referral for) emergency and routine medical and mental health services for the population; (3-31-22)
e. Behavior management within the program, including use of points and levels, restraints, separation, detention, and other types of special management; (3-31-22)
f. Supervision of juvenile offenders policy that includes managing juvenile offender movement within the program, including the timely transfer of behavioral information about juvenile offenders from staff during shift changes; (3-31-22)
g. Juvenile offender's access to the community policy that includes use of community schools or job sites, and individual or group activities away from the program site. This also includes individual community passes; (3-31-22)
h. Administrative coverage in emergency situations arising after regular work hours; (3-31-22)
i. Documentation and reporting of critical incidents to program administrators, the Department and others on the community treatment team; (3-31-22)
j. Treatment planning and progress reporting to the Department, juvenile offender, family, and others on the community treatment team; (3-31-22)
k. Reintegration policy that describes criteria for successful completion of program, termination from program prior to completion, and the involvement of the Department and community treatment team; and (3-31-22)
l. Emergency procedures in the event of a natural disaster. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.159 - FIRST AID KITS

Current through August 31, 2023
Each Provider must maintain first aid kits. Basic first aid kits that do not include medications or sharp tools may be kept unlocked. Any complete first aid kit with medications, wound rinses, scissors, tweezers, or other such objects must be kept locked and placed in areas of the program or facility readily accessible to staff. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter B - RULES FOR STAFF SECURE PROVIDERS › Section 05.02.01.200 - INITIATION OF SERVICES

Current through August 31, 2023
Juveniles are committed to the Department under the provisions of the Juvenile Corrections Act (Sections  20-501  through  20-547, Idaho Code). (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter B - RULES FOR STAFF SECURE PROVIDERS › Section 05.02.01.201 - WAIVER AND VARIANCE

Current through August 31, 2023
Minimum program standards established herein apply to all services provided by the Provider. Any waiver and variance from the standards stated in these rules must receive prior written approval from the Department and be attached as a formal amendment to the contract. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter B - RULES FOR STAFF SECURE PROVIDERS › Section 05.02.01.202 - APPLICABILITY

Current through August 31, 2023
This subchapter applies to Providers of treatment services identified in individual service implementation plans. Staff secure Provider must also abide by Subchapter A of these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter B - RULES FOR STAFF SECURE PROVIDERS › Section 05.02.01.203 - AUTHORITY TO INSPECT

Current through August 31, 2023
The Department has the authority to conduct reviews of programs, program operations, juvenile offender placements, and facilities to ensure the Provider's compliance with these rules. The Provider shall cooperate with the Department's review, and must provide access to the facility and all juvenile records for juveniles in Department custody, as deemed necessary by the Department. However, in order to more fully assess the operation of the program, aggregate data and information for all juveniles must be made available, upon request. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter B - RULES FOR STAFF SECURE PROVIDERS › Section 05.02.01.204 - COMPLIANCE WITH RULES REQUIREMENTS

Current through August 31, 2023
The Provider must comply with all relevant child care licensing rules of the Idaho Department of Health and Welfare, IDAPA 16.06.02, "Rules Governing Standards for Child Care Licensing," as well as the rules of the Idaho Department of Juvenile Corrections. Providers located outside of the state of Idaho must comply with their state's relevant child care licensing rules as well as the rules of the Idaho Department of Juvenile Corrections. If a conflict exists between Department rules, the more restrictive rule applies. Subcontractors and consultants of the Provider are also subject to these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter B - RULES FOR STAFF SECURE PROVIDERS › Section 05.02.01.205 - MINIMUM MANDATORY STAFF TRAINING REQUIREMENTS

Current through August 31, 2023
Good professional practice in the area of juvenile offender treatment requires staff to be competently trained. The Provider will ensure all training requirements are met according to Subchapter A of these rules, regardless of the number of training hours required. (3-31-22)
01.
Staff Working More Than 24 Hours a Week
. Staff who works more than twenty-four (24) hours per week are required to complete: (3-31-22)
a. Eighty (80) hours of training during first year of employment. Up to twenty-five percent (25%) of the eighty (80) hours may be fulfilled by working with an experienced staff mentor, who must verify and document basic competencies for new staff; and (3-31-22)
b. Forty (40) hours of training per year following the first year of employment. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter B - RULES FOR STAFF SECURE PROVIDERS › Section 05.02.01.206 - CLOTHING AND PERSONAL ITEMS

Current through August 31, 2023
01.
Clothing Management
. Juvenile offenders must have sufficient and appropriate clothing to participate in activities included in their service implementation plan. Juvenile offenders may arrive at the facility with their own clothing and personal items, which shall be inventoried. If the juvenile offender does not have sufficient or appropriate clothing, the Provider must provide or purchase adequate and appropriate clothing for the juvenile offender. The Provider will ensure the proper care and cleaning of clothing in the juvenile offender's possession. Providers shall not request nor require that the juvenile offender, parent, or guardian pay for or purchase clothing. (3-31-22)
02.
Release from Facility
. All clothing and incidentals become the property of the juvenile offender upon release from the facility. (3-31-22)
03.
Replacement Clothing
. Clothing provided or purchased as replacement will be at the expense of the Provider. Unique items of clothing not required for program participation may be purchased at the expense of the juvenile offender. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter B - RULES FOR STAFF SECURE PROVIDERS › Section 05.02.01.207 - FOOD SERVICE

Current through August 31, 2023
Juvenile offenders must be served a varied and nutritional diet with menus approved or developed by a qualified nutritionist or dietitian and which meet the recommended dietary allowances of the National Research Council or its equivalent. Juvenile offenders must be provided three (3) meals daily in accordance with the child care licensing rules of the Idaho Department of Health and Welfare, or the applicable state's licensing authority. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter B - RULES FOR STAFF SECURE PROVIDERS › Section 05.02.01.208 - PERSONAL FUNDS

Current through August 31, 2023
01.
Funds Handled by a Provider
. The Provider will follow generally accepted accounting practices in managing personal funds of juvenile offenders. (3-31-22)
a. The Provider may deposit personal funds collected for the juvenile offender in a public banking institution in an account specifically designated "Juvenile Personal Funds." The Provider must maintain a reconciled ledger showing each juvenile offender's deposits and withdrawals within the "Juvenile Personal Funds" account. If the funds are collected in an interest bearing account, the interest accrued must be credited to the juvenile offender for whom the funds are collected. (3-31-22)
b. If the amount of personal funds maintained for the juvenile offender does not exceed fifty (50) dollars, the Provider may secure the funds locally if the following conditions are met: (3-31-22)
i. The juvenile offender's personal funds are kept in a fire-resistant, combination or digital lock-style safe that is permanently affixed to the floor or wall, or weighs at least 200 (two-hundred) pounds. (3-31-22)
ii. The Provider has a process to clearly separate each juvenile offender's personal funds from one another. (3-31-22)
iii. Access to juvenile offender personal funds is limited to the Program Director or designee. (3-31-22)
c. All withdrawals by a juvenile offender, or expenditures made on behalf of a juvenile offender by the Provider, must be documented, signed, and dated by the juvenile offender and reconciled to the juvenile offender's ledger monthly. (3-31-22)
d. The Provider must develop written procedures governing any limits to the amount of funds a juvenile offender may withdraw from their personal funds. (3-31-22)
e. The Provider shall not require juvenile offenders, parents, or guardians to pay for services and supplies that, by contract, are to be provided by the Provider. (3-31-22)
Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter B - RULES FOR STAFF SECURE PROVIDERS › Section 05.02.01.209 - JUVENILE OFFENDER MAIL

Current through August 31, 2023
01.
Restrictions
. Juvenile offenders shall be allowed to send and receive letters from approved persons, which may include persons in other programs or institutions, unless specifically prohibited by the Department or by court order. All other restrictions of mail must be discussed with the community treatment team and approved in writing by the juvenile services coordinator. There must be no general restrictions on the number of letters written, the length of any letter, or the language in which a letter may be written. Juvenile offenders will be provided with sufficient stationery, envelopes, and postage for all legal and official correspondence, and for at least two (2) personal letters each week. (3-31-22)
02.
Inspection of Outgoing Letters
. (3-31-22)
a. Outgoing letters are to be posted unsealed and inspected for contraband. (3-31-22)
b. Exception: Outgoing "privileged" mail may be posted, sealed, and may not be opened, except with a search warrant, as long as it can be confirmed to be to an identifiable source. For purposes of this rule, "an identifiable source" means that the official or legal capacity of the addressee is listed on the envelope and that the name, official or legal capacity, and address of the addressee have been verified. (3-31-22)
c. Upon the determination that the mail is not identifiable as privileged mail, said mail will be opened and inspected for contraband. (3-31-22)