Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 7 - Youth Services › Subchapter A - Administration › Section I-703 - Youth Placement Review Process [Formerly Section 312]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose. To establish the secretary's
				  policy regarding periodic placement reviews of all youth in the custody of the
				  department in order to determine whether the youth is placed in the least
				  restrictive placement most appropriate to their needs and consistent with the
				  circumstances of the case and the protection of the best interests of society
				  and the safety of the public within the state.
B. Applicability. Assistant Secretary of the
				  Office of Youth Development, Wardens of juvenile facilities, Probation and
				  Parole Director/Juvenile, and Probation and Parole District Managers.
C. Policy. Notwithstanding the provisions of
				  any other regulation to the contrary, it is the secretary's policy, in
				  accordance with
				  R.S.
				  15:902.3, to authorize a periodic placement
				  review process whereby all youth in the department's custody are screened in a
				  multi-disciplinary placement review process. Following an initial review of all
				  custody cases, the review for secure care shall occur no less than quarterly
				  and in conjunction with custody reclassifications. For non-secure programs, the
				  review shall occur in conjunction with semi-annual placement reviews or upon
				  successful completion of the placement program. The review will determine
				  whether the youth is placed in the setting most appropriate to their needs
				  consistent with public safety interests, based upon a formal criteria
				  established through department policy.
D. Definitions
Adjudication
-after the presentation of
					 evidence, or the entering of a plea, the entering of a judgment by the court
					 which indicates whether the facts as alleged in the petition forming the basis
					 of the action have been proven, i.e., whether the family is in need of services
					 or the child committed the delinquent act.
Aftercare
-the control, supervision and
					 care exercised over a youth upon exit from a secure facility or non-secure
					 residential program into the community.
Fourteen Legal Days
-14 calendar days
					 except when the fourteenth day ends on a weekend or legal holiday. When this
					 occurs, the period extends to the close-of-business on the next day that is not
					 a weekend or legal holiday. The 14-day timeframe begins the day after the
					 filing of a legal document with the court.
Louisiana Children's Code Article
					 897.1
-requires that juveniles who are adjudicated delinquent for any
					 of six most serious violent crimes (first degree murder, second degree murder,
					 aggravated rape, aggravated kidnapping, armed robbery, and treason) must remain
					 in a secure environment until the disposition ends. Except for armed robbery,
					 dispositions rendered under provisions of this Article must extend until the
					 twenty-first birthday.
Non-Secure Non-Residential Program
-provides rehabilitative services to a youth who resides at home. The
					 youth may receive the services in his home or at a central location to which he
					 reports daily. Youth served may be in custody or on probation or parole.
Non-Secure Residential Program
-provides
					 housing, supervision and rehabilitative care for youth in the custody of the
					 department primarily between the ages of 12-17. These facilities are usually
					 characterized by a lack of physical security such as perimeter fences, security
					 locks and controlled access to the facility.
Secure Care
-facilities for adjudicated
					 delinquents providing treatment and education characterized by facility design
					 including such things as perimeter fences, security locks, supervision, and
					 staff control that restricts on a 24-hour basis the ability of residents to
					 enter or leave the premises.
YouthCARE
-system wide positive behavior
					 management program based upon principals of adolescent growth and
					 development.
E. Placement
				  Review Process of Non-Secure Care Youth
1.
				  Youth in non-secure residential programs will be reviewed to determine the
				  appropriateness of transition to a less restrictive setting. Screening criteria
				  to be used in identifying youth to be reviewed are as follows:
a. in a residential program five months or
				  more; or
b. FINS adjudication
				  regardless of length of time in a residential program.