Kentucky Administrative Regulations › Title 505 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF JUVENILE JUSTICE › Chapter 1 - Child Welfare › Section 505 KAR 1:270 - Grievances

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15A.065,
				15A.0652,
				15A.067,
				200.080-200.120, Chapters
				600-645
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15A.065(1),
				15A.0652,
				15A.160,
				15A.210,
				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 the grievance process for
				juveniles in the custody of the department or attending a department day
				treatment program.
Section 1. General
			 Information.
(1) Staff shall explain the
			 grievance process to a juvenile upon intake and post the process in the program
			 and living areas. The handbook shall include instructions for the grievance
			 process.
(2) A juvenile shall have
			 the right to file a grievance without fear of retaliation.
(3) A juvenile may file a grievance regarding
			 the following:
(a) Violation of federal or
			 state law;
(b) Violation of
			 department policies and procedures;
(c) Violation of department standard
			 operating procedures;
(d) Claimed
			 unsafe or unsanitary living conditions within the facility or program;
			 or
(e) The level of care provided
			 within the facility or program.
(4) A juvenile shall not file a grievance on
			 issues already grieved and decided.
(5) Non-grievable issues shall include:
(a) Court decisions;
(b) Disciplinary review decisions;
			 and
(c) Legislative
			 actions.
(6) An untimely
			 filed grievance or one that concerns a non-grievable issue shall be returned to
			 the juvenile with an explanation.
(7) A grievance that is missing information
			 shall be returned to the juvenile explaining the information needed and the
			 juvenile shall have five business days to return the grievance with the missing
			 information. The time for a grievance response shall not begin until the
			 grievance is returned with the missing information.
(8) Grievance forms shall be located in an
			 area that is easily accessible to the juveniles and each facility shall provide
			 one or more clearly marked lockboxes for the submission of a grievance. The
			 lockbox shall be in an open area accessible to all juveniles.
(9) Each facility shall have a designated
			 grievance officer. The grievance officer shall manage the lockboxes and oversee
			 the grievance process.
(10)
			 Deadline. A grievance shall be submitted by the juvenile within fourteen (14)
			 days of the grieving incident occurrence. If the juvenile files a grievance
			 after the deadline, the juvenile shall explain the reason for the delay on the
			 grievance form when the grievance is filed for a delay determination by the
			 facility manager. The exception to this shall be if the incident falls under
			 the classification of a Prison Rape Elimination Act occurrence. A PREA incident
			 shall not have a time limit applied.
(11) Informal Resolution. Prior to filing a
			 grievance, an effort shall be made to resolve the issue informally. The
			 juvenile shall discuss the matter either with the staff person involved or the
			 grievance officer. In determining whether to deny a grievance for failure to
			 attempt informal resolution, the grievance officer shall consider the
			 juvenile's and staff person's ability or barriers to informally resolve the
			 grievance issue.
(12) Special
			 Incident and PREA. A special incident shall not be handled informally or
			 through the grievance process and shall be reported immediately to the facility
			 manager and Internal Investigation Branch. A PREA incident shall be reported
			 through the hotline or in writing to the commissioner or director of
			 compliance.