Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:010 - Definitions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15A.210
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 mandates that the Department of
				Juvenile Justice issue administrative regulations governing secure juvenile
				detention centers and juvenile holding facilities.
Section 1. Definitions. The following
			 definitions shall apply in this chapter:
(1)
			 "Adjudicatory hearing" means a hearing to determine whether the allegations of
			 a petition are supported by evidence.
(2) "Admission" means the point of entry into
			 a program; during admission processing the juvenile receives an orientation to
			 the goals of the program and program rules and regulations. Assignment to
			 living quarters and to appropriate staff members shall also be completed at
			 this time.
(3) "Agency" means the
			 unit of a governing authority which has direct responsibility for the operation
			 of a juvenile detention center program, including the implementation of policy
			 as set by the governing authority.
(4) "Agency administrator" means the jailer
			 or the administrative officer appointed by the governing authority that is
			 responsible for all operations of the agency and all related programs placed
			 under control of the agency.
(5)
			 "Casework" means the function of the caseworker, social worker, or other
			 professional in providing services to the juvenile.
(6) "Chronic care" means health care provided
			 to patients over a long period of time.
(7) "Cocorrectional facility" means an
			 institution designed to house both male and female juveniles.
(8) "Code of ethics" means a set of rules
			 describing acceptable standards of conduct for all employees.
(9) "Community resources" means those social
			 and welfare agencies, service clubs, citizen interest groups, self-help groups,
			 and citizen volunteers who have the potential to assist juveniles.
(10) "Contraband" means any item possessed by
			 juveniles or found within the facility that is illegal by law or that is
			 expressly prohibited by those legally charged with the responsibility for
			 administration and operation of the facility or program.
(11) "Corporal punishment" means any act of
			 inflicting punishment directly on the body, causing pain or injury.
(12) "Detention" means the care of a youth
			 who requires custody in a physically restricting facility or program.
(13) "Dispositional hearing" means a hearing
			 held subsequent to the adjudicatory hearing in order to determine what order of
			 disposition should be made concerning any adjudicated child.
(14) "Dormitory" means any room sleeping more
			 than five (5) juveniles.
(15)
			 "Educational program" means a program of formal academic education or a
			 vocational training activity designed to improve the juvenile's employment
			 capability.
(16) "Emergency care"
			 means care for an acute illness or unexpected health care need that cannot be
			 deferred until the next scheduled sick call.
(17) "Environmental health" means all the
			 conditions, circumstances, and surrounding influences that affect the health of
			 persons or groups required to be in the area.
(18) "Facility" means a place, an
			 institution, a building or part thereof, set of buildings, or an area, whether
			 or not enclosing a building or set of buildings, which is used for the lawful
			 custody and treatment of youths and may be owned or operated by public or
			 private agencies.
(19) "First aid"
			 means care for a condition that requires immediate assistance from a person
			 trained in first aid care and the use of the facility's first aid
			 kits.
(20) "Governing authority"
			 means for public or governmental agencies, the administrative department or
			 division to which the agency reports; it is the policy-setting body. For
			 private agencies, this may be an administrative headquarters or central unit,
			 or the board of directors or trustees.
(21) "Grievance" means a circumstance or
			 action made by a youth which is considered to be unjust and grounds for
			 complaint or resentment.
(22)
			 "Handicapped youth" means a person with a mental or physical impediment or
			 disadvantage that restricts that person's ability to utilize programs or
			 services.
(23) "Holidays" means all
			 days legally designated as nonworkdays by statute or by the governing
			 authority.
(24) "Information
			 system" means the collection, organization, and delivery of information for
			 administrative use.
(25)
			 "Independent outside source" means a person qualified by license, education, or
			 experience to examine a condition or service. To be considered independent, the
			 examiner shall not be in the employment of the facility being inspected. An
			 auditor or inspector examining a program or condition within a community center
			 may not be an employee of that center and still be considered
			 independent.
(26) "Juvenile" means
			 a person under the age of eighteen (18) and shall mean the same as "child"
			 defined in
			 KRS
			 600.020(5).
(27) "Juvenile court" means the juvenile
			 session of the district court.
(28)
			 "Life safety code" means a manual published and updated by the National Fire
			 Protection Association specifying minimum standards for fire safety necessary
			 in the public interest including corrections facilities.
(29) "Official personnel file" means a
			 current and accurate record of the employee's job history, including all
			 important information relating to that history.
(30) "Parent" means the biological or
			 adoptive mother or father of a youth.
(31) "Person exercising similar custodial
			 control or supervision" means a person who has assumed the role and
			 responsibility of a parent or guardian for the youth, but who does not
			 necessarily have legal custody of the youth.
(32) "Physical examination" means a thorough
			 evaluation of a patient's current physical condition and medical histories
			 conducted by, or under the supervision of, a licensed professional.
(33) "Placing authority" means that court or
			 agency with the authority to order a juvenile into a specific placement. This
			 may be the juvenile court, the Department of Juvenile Justice, or other duly
			 constituted and authorized placement agency.
(34) "Policy" means a definite, stated course
			 or method of action that guides and determines present and future decisions and
			 activities. A policy is a statement of principles that guides the agency in the
			 attainment of objectives. To comply with a standard that requires a policy for
			 a certain area, there shall be not only a written policy, but also evidence
			 that a line of action or principle has been adopted and is being followed by
			 the agency.
(35) "Procedure" means
			 a procedure that provides the detailed and sequential actions that must be
			 executed to ensure that a policy is fully implemented.
(36) "Professional associations" means a
			 collective body of persons engaged in a particular profession or vocation,
			 e.g., the American Correctional Association, the American Medical Association,
			 the National Association of Clinical Psychologists, and the National Juvenile
			 Detention Association.
(37)
			 "Program" means the plan or system through which a juvenile detention facility
			 agency works to meet its goals.
(38) "Public offense" means an act if
			 committed by an adult would be a crime.
(39) "Rated capacity" means the actual number
			 of beds available for regular use. This does not include hospital beds,
			 segregation beds, or other spaces used only on a temporary basis.
(40) "Renovation" means a significant
			 structural or design change in the physical plant of a facility.
(41) "Secure institution" means any facility
			 that is designed and operated to ensure that all entrances and exits are under
			 the exclusive control of the facility's staff, thereby not allowing a juvenile
			 to leave the facility unsupervised or without permission.
(42) "Security devices" means locks, gates,
			 doors, bars, fences, screens, ceiling, floors, walls, and barriers used to
			 confine and control detained persons. Also included are electronic monitoring
			 equipment, security alarm systems, security light units, auxiliary power
			 supplies, and other equipment used to maintain facility security.
(43) "Training" means formal classroom
			 instruction; on-the-job training under the direction of an instructor or
			 coworker; training meetings, staff meetings or conferences that include a
			 formal agenda and instruction by a teacher, manager, or official; physical
			 training; or other instructional programs that include a trainer and trainee
			 relationship. Training programs include requirements for completion, attendance
			 recording, and a system for recognition of completion.
(44) "Volunteers" means persons who donate
			 their time and effort to enhance the activities of the program. They are
			 selected on the basis of their skills or personal qualities to provide services
			 in recreation, counseling, education, religious activities, etc.