Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 2 - Juvenile Detention Facilities › Section 505 KAR 2:020 - Administration, organization and management

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 15A.210-15A.240
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.210 mandates that the Department of
				Juvenile Justice issue administrative regulations governing juvenile detention
				centers and juvenile holding facilities.
Section
			 1.
(1) The agency operating a
			 detention facility shall be a legal entity or a part of a legal
			 entity.
(2) The governing authority
			 of the detention facility shall hold meetings at least annually with the
			 facility administrator in order to facilitate communication, establish policy,
			 explore problems, ensure conformity to legal and fiscal requirements, and
			 implement programs.
(3) There shall
			 be a written statement that describes the philosophy, goals or purposes of the
			 facility, which shall be reviewed at least annually and updated if
			 necessary.
(4) If services for
			 adult and juvenile offenders are provided for by the same agency, statements of
			 philosophy, policy, program and procedures shall distinguish between criminal
			 codes and the statutes which establish and give direction to programs for
			 juveniles; there shall be a separate service delivery system for
			 juveniles.
(5) Abused, dependent or
			 neglected youths shall not be held in the facility.
(6) Written agency policy shall prohibit the
			 confinement of any offender in the facility unless the facility complies with
			 standards or rules promulgated by the Administrative Office of the Courts or a
			 lawful court order.
(7) Service
			 personnel other than facility staff shall perform work in the facility only
			 under direct and continuous supervision of facility staff in those areas
			 permitting contact with juveniles.
(8) There shall be a written description of
			 the facility that specifies its mission within the context of the system of
			 which it is a part. This description shall be reviewed at least annually and
			 updated if necessary.
(9) The
			 facility shall adopt and enforce written policies and procedures which:
(a) Provide for regular meetings and case
			 conferences between the staff of the Department of Juvenile Justice and social
			 service agencies, the court, the local law enforcement agency and the detention
			 facility staff to develop and maintain sound interagency policies and
			 procedures;
(b) Provide for a
			 communications system within the facility that requires, at a minimum, that the
			 facility administrator meet at least monthly with all department heads and that
			 all department heads meet monthly with their key staff members;
(c) Specify that the facility administrator
			 participates in the formulation of goals for the facility, establishes policies
			 and priorities related to them and translates the goals into measurable
			 objectives for accomplishment by the staff;
(d) Provide that legal assistance shall be
			 available to the facility administrator;
(e) Provide for a daily population report on
			 every juvenile in detention, including the day admitted, accumulated days of
			 stay, and county of origin and offense for which juvenile is charged;
(f) Provide a mechanism for communication
			 with executive, legislative and judicial bodies at all governmental
			 levels;
(g) Provide for
			 participation of employees in the formulation of policies, procedures and
			 programs;
(h) Permits the
			 participation of other community agencies in policy development, coordinated
			 planning and interagency consultation;
(i) Provide for collaboration with colleges
			 and universities where available in programs of mutual concern;
(j) Provide for a public information program
			 that is reviewed at least annually and updated if necessary;
(k) Grant representatives of the media access
			 to the facility, consistent with the preservation of juveniles' privacy and the
			 maintenance of order and security in the facility;
(I) Provide that the facility administrator
			 report at least quarterly to the governing authority major problems and plans
			 for resolving them;
(m) Govern
			 facility compliance with statutes and administrative regulations relating to
			 campaigning, lobbying and political practices; and
(n) Provide that the facility administrator
			 cooperates with the interstate compact administrator in the return of juveniles
			 charged with juvenile offenses to the requesting state, pursuant to the
			 provisions of the interstate compact on juveniles.
(10) The facility administrator or parent
			 agency shall participate in federal, state and regional planning efforts with
			 both juvenile justice and nonjuvenile justice agencies.
(11) The facility shall have a policy manual
			 that specifically describes its purpose, program and services offered, which is
			 reviewed at least annually and updated if necessary.
(12) There shall be an operations manual that
			 delineates written policies and procedures for operating and maintaining the
			 facility; the manual shall be explained and made available to all employees at
			 the time of their employment.
(13)
			 There shall be an organizational chart for the facility staff that accurately
			 reflects the structure of authority, responsibility and accountability within
			 the facility.
(14) The facility and
			 its programs shall be managed by a single administrative officer to whom all
			 employees or units of management shall be responsible.
(15) When employees of other public or
			 private agencies provide a service to the facility, written policy and
			 procedure shall be developed and reviewed, at least annually, to describe their
			 roles and functions as they relate to the authority and responsibility of the
			 facility administrator.
(16) The
			 facility administrator shall review space requirements, at least annually, and
			 record requests for corrective action in writing.
(17) The facility administration shall
			 furnish written information to the parent agency at least annually, which is
			 used to report on the system's objectives, availability of services and
			 programs, juvenile population, budget, major developments, problems, plans and
			 additional information as the parent agency may require.
(18) The facility shall make available to all
			 employees a written code of ethics that prohibits employees from using their
			 official position to secure privileges for themselves or others and from
			 engaging in activities that constitute a conflict of interest.
(19) The facility shall meet all applicable
			 licensing requirements of the jurisdiction in which it is located.
(20) There may exist a community advisory
			 committee, representative of the community, which serves as a link between the
			 program and the community.
(21) All
			 monies collected at the facility shall be secured daily in an officially
			 designated and secure place.
(22)
			 The facility shall have written policy and procedure approved by the governing
			 authority that includes, at a minimum:
(a)
			 Internal controls;
(b) Petty cash
			 procedures;
(c) Bonding for all
			 appropriate staff;
(d) Signature
			 control on checks;
(e) Handling of
			 juvenile funds;
(f) Employee
			 expense reimbursement; and
(g)
			 Issuance or use of vouchers.
(23) If there is a commissary or canteen,
			 strict controls shall be maintained over its operation and regular accounting
			 procedures shall be followed. All profits from the commissary or canteen shall
			 be used for the benefit of the residents.
(24) Juveniles' personal funds held by the
			 facility shall be controlled by accepted accounting procedures.