Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 8 - Residential Licensing › Chapter 75 - Juvenile Detention Facilities › Section V-7505 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Abuse
-any one of the following acts which
					 seriously endangers the physical, mental, or emotional health of the
					 youth:
1. the infliction, attempted infliction, or, as a result of
					 inadequate supervision, the allowance of the infliction or attempted infliction
					 of physical or mental injury upon the youth by a parent or any other
					 person;
2. the exploitation or overwork of a youth by a parent or
					 any other person; and
3. the involvement of the youth in any sexual act with a
					 parent or any other person, or the aiding or toleration by the parent or the
					 caretaker of the youth's sexual involvement with any other person or of the
					 youth's involvement in pornographic displays or any other involvement of a
					 youth in sexual activity constituting a crime under the laws of this
					 state.
Administrative Segregation
-restriction of
					 a youth to a designated sleeping room or dorm for reasons other than current
					 acting-out behavior, discipline, medical reasons, or threats to the
					 youth.
Administrator
-the person with authority
					 and responsibility for the on-site, daily implementation and supervision of the
					 facility's overall operation.
Affiliate
-
1. with respect to a partnership, each partner
					 thereof;
2. with respect to a corporation, limited liability
					 company, or other corporate entity, each officer, director and stockholder
					 thereof; and
3. with respect to a natural person: anyone related within
					 the third degree of kinship to that person; each partnership and each partner
					 thereof of which that person or any affiliate of that person is a partner; and
					 each corporation in which that person or any affiliate of that person is an
					 officer, director or stockholder.
Alternate Power Source
-an alternate source
					 of electrical power that provides for the simultaneous operations of life
					 safety systems during times of emergency.
Average Daily Population
-a calculation
					 determined by counting the number of youth in detention each day of the month,
					 adding the daily counts (at 0600 hours), and dividing the sum by the number of
					 days in the month.
Average Length of Stay
					 (ALOS)
-
average length of stay
is calculated on those
					 youth who end a placement during the reporting period. ALOS is the sum of all
					 the days of all the stays for those released during the period divided by the
					 number of "releases." Stays should be calculated by counting admission date but
					 not date of release.
Body Cavity Search
-a visual inspection of
					 a body cavity, defined as a rectal cavity, or vagina, for the purpose of
					 discovering whether contraband is concealed in it.
Change of Location
- change of physical
					 address of facility.
Change of Ownership
-a transfer of
					 ownership of a currently licensed facility that is in operation and serving
					 youth to another entity without a break in service to the youth.
Complaint
-an allegation that any person or
					 facility is violating any provisions of these standards or engaging in conduct,
					 either by omission or commission, that negatively affects the health, safety,
					 rights, or welfare of any youth who is residing in a juvenile detention
					 facility.
Contraband
-any object prohibited within a
					 juvenile detention facility, which may include but is not limited to: currency,
					 stolen property, articles of food or clothing, intoxicating beverages,
					 narcotics, firearms or dangerous weapons, telecommunications devices, tattooing
					 equipment, electronic devices, or any other object or instrumentality intended
					 for use as a tool in the planning or aiding in an escape or attempted escape by
					 a youth in a local juvenile detention facility in the state.
Corporation
- any entity incorporated in
					 Louisiana or incorporated in another state, registered with the secretary of
					 state in Louisiana, and legally authorized to do business in Louisiana.
Delinquent Act
-an act committed by a child
					 of 10 years of age or older, which if committed by an adult is designated an
					 offense under the statutes or ordinances of this state, or of another state if
					 the offense occurred there or under federal law, except traffic
					 violations.
Department (DCFS)
-the Louisiana Department
					 of Children and Family Services.
Direct Care Staff
-a person counted in the
					 staff/youth ratio, whose duties include the direct care, supervision, guidance,
					 and protection of youth. This may include staff such as administrative staff
					 that has the required background clearances and appropriate training that may
					 serve temporarily as a detention officer.
Electronic Security Wand Scanner-
an
					 electronic hand-held security scanner used to detect metal weapons in a
					 detention facility.
Frisk
-to search a youth for something
					 concealed, including a weapon or illegal contraband, by passing the hands
					 quickly over clothes or through pockets.
Governing Body
-a parent agency exercising
					 administrative control over a facility.
Grievance Procedure
-a method for the
					 expression and resolution of youth's grievances or complaints.
Individual Owner
- repealed.
Inspection
-a thorough investigatory review
					 of information, including written records and interviews with staff and youth,
					 to determine whether and the extent to which a facility's policies, practices,
					 and protocols comply with the standards.
Juridical Person/Entity
- corporation,
					 partnership, limited-liability company, church, university, or governmental
					 entity.
Juvenile Detention Facility (JDF)
-means a
					 facility that provides temporary safe and secure custody of youth during the
					 pendency of juvenile proceedings, when detention is the least restrictive
					 alternative available to secure the appearance of the youth in court or to
					 protect the safety of the child or the public, as described in
					 R.S.
					 15:1110.
LDE Staff
- Louisiana Department of
					 Education or local school district staff
Mechanical Restraints
-an approved
					 professionally manufactured mechanical device to aid in the restriction of a
					 person's bodily movement. The following are approved mechanical restraint
					 devices.
1.
Ankle Cuffs
-metal, cloth or leather band
					 designed to be fastened around the ankle to restrain free movement of the
					 legs.
2.
Anklets
-cloth or leather band designed
					 to be fastened around the ankle or leg.
3.
Handcuffs
-metal devices designed to be
					 fastened around the wrist to restrain free movement of the hands and
					 arms.
4.
Waist Band
-a cloth, leather, or metal
					 band designed to be fastened around the waist used to secure the arms to the
					 sides or front of the body.
5.
Wristlets
-a cloth or leather band
					 designed to be fastened around the wrist or arm which may be secured to a waist
					 belt.
6.
Plastic Cuffs
-plastic devices designed
					 to be fastened around the wrist or legs to restrain free movement of hands,
					 arms or legs.
Medical Isolation
-the restriction of a
					 youth to a sleeping room specifically for medical reasons that may pose a
					 threat to himself/herself, or others at the facility.
Natural Person
- a human being and, if
					 that person is married and not judicially separated or divorced, the spouse of
					 that person.
Neglect
-the refusal or unreasonable
					 failure of a parent or caretaker to supply the child with necessary food,
					 clothing, shelter, care, treatment, or counseling for any injury, illness, or
					 condition of the child, as a result of which the child's physical, mental, or
					 emotional health and safety is substantially threatened or impaired.
Owner
or
Operator
-
					 individual or juridical entity exercising direct or indirect control over a
					 licensed entity
1. For licensing purposes the following are considered
					 owners:
a.
Individual Ownership
- individual and
					 spouse listed on the licensing application submitted and who have access to the
					 children/youth in care of the provider and/or children/youth who receive
					 services from the provider and/or who are present at any time on the facility
					 premises when children/youth are present;
b.
Partnership-all
limited or general
					 partners and managers who are listed on the licensing application submitted and
					 who have access to the children/youth in care of the provider and/or
					 children/youth who receive services from the provider, and/or who are present
					 at any time on the facility premises when children/youth are present;
c.
Church Owned, University Owned
or
Governmental Entity
- any clergy and/or board member who is
					 listed on the licensing application submitted and who has access to the
					 children/youth in care of the provider, and/or children/youth who receive
					 services from the provider, and/or who is present at any time on the facility
					 premises when children/youth are present;
d.
Corporation
(includes limited liability
					 companies)-individual(s) who is registered as an officer of the board with the
					 Louisiana Secretary of State and/or listed on the licensing application
					 submitted and who has access to the children/youth in care of the provider,
					 and/or children/youth who receive services from the provider, and/or who is
					 present at any time on the facility premises when children/youth are present.
Ownership
- repealed.
Partnership
- includes any general or
					 limited partnership licensed or authorized to do business in this state. The
					 owners of a partnership are its limited or general partners and any managers
					 thereof
Pat-down Search
-a running of the hands
					 over the clothed body of a youth by a staff member to determine whether the
					 youth possesses contraband.
Physical Escort Techniques
-the touching or
					 holding a youth with a minimum use of force for the purpose of directing the
					 youth's movement from one place to another. A physical escort is not considered
					 a physical restraint.
Physical Restraint
-a professionally
					 trained restraint technique that uses a person's physical exertion to
					 completely or partially constrain another person's body movement without the
					 use of mechanical restraints.
Protective Isolation
-is the restriction of
					 a youth to a designated sleeping room or dorm due to his/her safety being
					 threatened.
Provider
- all owners or operators of the
					 facility including the director of such facility
Qualified Medical Professional
-health
					 professional who, by virtue of education, credentials, and experience, is
					 permitted by law to evaluate and care for youth within the scope of his or her
					 professional practice.
Qualified Mental Health Professional
-a
					 mental health professional who, by virtue of education, credentials, and
					 experience, is permitted by law to evaluate and care for youth within the scope
					 of his or her professional practice.
Reasonable Suspicion
- suspicion based on
					 specific and articulable facts which indicate that an owner, or current or
					 potential employee or volunteer has been investigated and determined to be the
					 perpetrator of abuse and/or neglect of a minor resulting in a justified and/or
					 valid finding prior to official notification from child welfare whether the
					 person is or is not listed on the state central registry.
Relatives
-spouses, children of spouses,
					 brothers, sisters, parents, brother-in-law, sister-in-law, aunts, uncles,
					 nieces, nephews, grandparents, and first cousins.
Room Confinement
- the restriction of a
					 youth to his/her assigned sleeping room, due to disciplinary reasons.
Room Isolation
-the restriction of a youth
					 to a room that is separated from the general population, due to current acting
					 out behavior.
Shall
-must or mandatory.
Special Needs
-the individual requirements
					 (as for education) of a person with a mental, emotional, developmental, or
					 physical disability or a high risk of developing one.
State Central Registry (SCR)
- a subsystem
					 of the state repository that maintains information on perpetrators of child
					 abuse and neglect with valid findings on tiers I, II, and III of the child
					 welfare tiered validity system.
Status Offense
-an allegation that a youth
					 is truant or has willfully and repeatedly violated lawful school rules,
					 ungovernable, a runaway, committed an offense applicable only to youth, or a
					 youth under age 10 years of age who has committed any act which if committed by
					 an adult would be a crime under any federal, state, or local law.
Strip Search
-a search that requires a
					 person to remove some or all of his or her clothing so as to permit a visual
					 inspection of the underclothing, breasts, buttocks, or genitalia of such
					 person.
Substantial Bodily Harm
- physical injury
					 serious enough that a prudent person would conclude that the injury required
					 professional medical attention. It does not include minor bruising, the risk of
					 minor bruising, or similar forms of minor bodily harm that will resolve
					 healthily without professional medical attention.
Support Staff
-a person who works directly
					 for the facility or a person who provides direct services to youth in a
					 facility on a recurring basis with no discipline authority over youth.
Unencumbered Space
-usable space that is
					 not occupied by furnishing or fixtures.
Validated Mental Health Screening Tool
-an
					 instrument that has been scientifically tested to determine that it accurately
					 measures what it purports to measure.
Volunteer
- an individual who works at the
					 facility and whose work is uncompensated. This may include students, interns,
					 tutors, counselors, persons providing recreational activities including
					 religious service, and other non-staff individuals who may or may not interact
					 with youth in a supervised or unsupervised capacity.
Waiver
-an exemption granted by the
					 secretary of the department, or designee, from compliance with a standard that
					 will not place the youth or staff member at risk.
Youth
-an individual placed in a JDF in
					 accordance with limitations and exceptions noted in state law who is not less
					 than 10 years of age nor older than 21 years of age.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:1110.