Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 1 - Child Welfare › Section 505 KAR 1:410 - Isolation and protective custody

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15A.065,
				15A.0652,
				200.080-200.120, Chapters
				600-645
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.065(1),
				15A.0652,
				15A.160,
				605.150,
				635.095, and
				640.120 authorize the Justice
				and Public Safety Cabinet and the Department of Juvenile Justice to promulgate
				administrative regulations for the proper administration of the cabinet and its
				programs. This administrative regulation establishes procedures for isolation
				and protective custody in juvenile detention centers and youth development
				centers.
Section 1. Isolation.
(1) Isolation shall only apply to juveniles
			 in juvenile detention centers and youth development centers.
(2) A juvenile may be placed in isolation if
			 the juvenile constitutes a threat to the safety or security of the facility,
			 staff, or a juvenile.
(3) The
			 following situations may constitute a threat to the safety or security of the
			 facility, staff, or a juvenile and may result in an isolation placement:
(a) Assault or attempted assault;
(b) Sexual assault or attempted sexual
			 assault;
(c) Attempted escape or
			 attempted absent without leave;
(d)
			 Escape;
(e) Participating in a
			 riot;
(f) Planning a
			 riot;
(g) Possessing dangerous
			 contraband; or
(h) Causing
			 extensive property damage.
(4) Authorization shall be obtained from the
			 facility manager, youth services program supervisor, administrative duty
			 officer, or shift supervisor prior to placing a juvenile into isolation. If
			 prior authorization cannot be obtained without jeopardizing the safety and
			 security of the facility, staff, or other juveniles, authorization shall be
			 obtained immediately following the safe securing of the juvenile. An isolation
			 placement shall not exceed four (4) hours without further action as stated in
			 subsections (5) through (7) of this section.
(5) Isolation in a detention center.
(a) The facility manager may authorize a
			 juvenile to remain in isolation beyond an initial four (4) hour period, not to
			 exceed twenty-four (24) hours.
(b)
			 An extension of an isolation placement beyond twenty-four (24) hours and up to
			 thirty-six (36) hours shall require the approval of the division director. The
			 division director shall consider whether the juvenile:
1. Has regained control of their behavior;
			 and
2. Is no longer a threat to the
			 security, safety, or orderly management of the facility.
(c) An extension of an isolation placement
			 beyond thirty-six (36) hours and up to a maximum of forty-eight (48) hours
			 shall require the approval of the division director and the chief of mental
			 health services. For the extension decision, they shall consider:
1. Whether the juvenile has regained control
			 of their behavior; and
2. Whether
			 the juvenile is no longer a threat to the security, safety, or orderly
			 management of the facility; and
3.
			 The mental health issues of the juvenile.
(d) If a highly assaultive juvenile requires
			 isolation for more than forty-eight (48) hours, an extension of an isolation
			 placement beyond forty-eight (48) hours shall require the approval of the
			 respective division director and the chief of mental health services. Any
			 extension made shall be reviewed every twenty-four (24) hours and shall not
			 exceed five (5) days. For the extension decision, they shall consider:
1. Whether the juvenile has regained control
			 of their behavior; and
2. Whether
			 the juvenile is no longer a threat to the security, safety, or orderly
			 management of the facility; and
3.
			 The mental health issues of the juvenile.
(6) Isolation in youth development centers
			 and group homes.
(a) The facility manager may
			 authorize a juvenile to remain in isolation beyond an initial four (4) hour
			 period, not to exceed twenty-four (24) hours.
(b) An extension of an isolation placement
			 beyond twenty-four (24) hours and up to thirty-six (36) hours shall require the
			 approval of the facilities regional administrator. For the extension decision,
			 the FRA shall consider whether the juvenile:
1. Has regained control of their behavior;
			 and
2. Is no longer a threat to the
			 security, safety, or orderly management of the facility.
3. An extension of an isolation placement
			 beyond thirty-six (36) hours and up to a maximum of forty-eight (48) hours
			 shall require the approval of the respective division director and the regional
			 psychologist. For the extension decision, they shall consider:
a. Whether the juvenile has regained control
			 of their behavior; and
b. Whether
			 the juvenile is no longer a threat to the security, safety, or orderly
			 management of the facility; and
c.
			 The mental health issues of the juvenile.
(c) If a highly assaultive juvenile requires
			 isolation for more than forty-eight (48) hours, an extension of an isolation
			 placement beyond forty-eight (48) hours shall require the approval of the
			 respective division director, the regional psychologist, and the chief of
			 mental health services. Any extension made shall be reviewed every twenty-four
			 (24) hours and shall not exceed five (5) days. For the extension decision, they
			 shall consider:
1. Whether the juvenile has
			 regained control of their behavior; and
2. Whether the juvenile is no longer a threat
			 to the security, safety, or orderly management of the facility; and
3. The mental health issues of the
			 juvenile.
(7)
			 The nurse shift program supervisor or on call nurse designee shall be notified
			 as soon as feasible to determine if there are contra-indications for the
			 juvenile being placed in isolation.
(a) The
			 facility nurse or health services protocol trained staff shall assess a
			 juvenile placed in isolation as soon as it is safe to do so, as dictated by the
			 director of medical services.
(b)
			 Injuries, bruises, scratches, and other observations shall be noted by a
			 minimum of two (2) staff. The nurse or designee shall document the date, time,
			 and results of the assessment.
(8) Isolation may be used if requested by a
			 juvenile and staff concur that the placement is in the best interest of the
			 juvenile.
(9) An assessment of a
			 juvenile in isolation shall not be required to occur within the deadlines
			 established in subsections (5) through (7) of this section, if the deadline
			 falls within the normal sleep time for the facility. A delayed assessment shall
			 occur within two hours of the normal awake time for the facility.
(10) A juvenile in isolation shall be visited
			 at least once a day by the facility manager or designee, medical or medically
			 trained staff, and clinical or social work staff or designee. A juvenile may
			 request a visit from clergy or other religious representative. All interactions
			 with the juvenile during placement on isolation shall be documented.
(11) The regional psychologist or designee
			 shall conduct interviews and assessments for disturbances in mental status,
			 including, for example, depression; suicidal ideation; impaired thought
			 processes, cognition or memory; agitation; paranoia; self-injurious behavior;
			 evidence of bruises or other signs of trauma; and whether the juvenile's
			 behavior has escalated beyond the staff's ability to control the juvenile by
			 counseling or disciplinary measures.
(12) If a juvenile exhibits deterioration in
			 mental status while in isolation, the regional psychologist shall be contacted
			 to determine the most appropriate action based on the treatment needs of the
			 juvenile.
(13) If a juvenile's
			 problem behavior lasts twenty-four (24) hours and there appears to be a need
			 for continued intervention, qualified health personnel shall assess the
			 juvenile daily.
(14) The juvenile
			 in isolation shall be afforded living conditions and privileges approximating
			 those available to the general population, including modified access to
			 recreation and educational and treatment services taking into consideration the
			 juvenile's and facility safety and security needs.
(15) The juvenile shall be responsible for
			 the daily cleaning of their living area in isolation.
(16) Release from isolation may occur based
			 on the juvenile's behavior and state of mind.