reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-700 - Juvenile rehabilitation administration - Practices and procedures › BACKGROUND CHECKS › Section 388-700-0010 - When are background checks required?

Current through Register Vol. 24-14, July 15, 2024
JRA must conduct background checks on prospective
					 employees, volunteers, and individual contracted service providers who will
					 have regular access to juveniles. Background checks may be conducted on
					 prospective employees, volunteers, and individual contracted service providers
					 who will have limited access to juveniles.
(1) Procedures must be established in order
				  to investigate and determine suitability of a person in a position who will
				  have regular access or limited access to juveniles.
(2) Employees, volunteers or individual
				  contracted service providers who are authorized for regular access do not
				  require the presence of another person cleared through the designated
				  background check process during the performance of their duties.
(3) The presence of another person cleared
				  through the designated background check process is required for people
				  authorized to have limited access to juveniles.
Statutory Authority:
						RCW
						13.40.570. 00-24-014, § 388-700-0010,
						filed 11/27/00, effective 12/28/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-700 - Juvenile rehabilitation administration - Practices and procedures › BACKGROUND CHECKS › Section 388-700-0015 - What crimes prohibit "regular access" to juveniles?

Current through Register Vol. 24-14, July 15, 2024
Effective September 1, 1998, potential employees,
					 volunteers, and individual contracted service providers must not be hired,
					 engaged, or authorized in a position which allows regular access if the
					 individual has been convicted of:
(1)
				  Any felony sex offense as defined in
				  RCW
				  9.94A.030 and
				  9A.44.130;
(2) Any crime specified in
				  chapter
				  9A.44 RCW when the victim
				  was a juvenile in the custody of or under the jurisdiction of JRA as stated in
				  RCW
				  13.40.570; or
(3) Any violent offense as defined in
				  RCW
				  9.94A.030.
Statutory Authority:
						RCW
						13.40.570. 00-24-014, § 388-700-0015,
						filed 11/27/00, effective 12/28/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-700 - Juvenile rehabilitation administration - Practices and procedures › BACKGROUND CHECKS › Section 388-700-0020 - What are the reporting requirements for criminal convictions?

Current through Register Vol. 24-14, July 15, 2024
Effective September 1, 1998 employees, volunteers, and
					 individual contracted service providers who are authorized for regular access
					 to a juvenile(s) must report any conviction of a crime identified in WAC
					 388-700-0015. The report must be
					 made to the person's supervisor within seven days of conviction. Failure to
					 report within seven days constitutes misconduct under
					 Title
					 50 RCW. Employees, volunteers,
					 and individual contracted service providers who have been convicted of offenses
					 in WAC 388-700-0015 must not have
					 regular access to a juvenile(s).
Statutory Authority:
						RCW
						13.40.570. 00-24-014, § 388-700-0020,
						filed 11/27/00, effective 12/28/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-700 - Juvenile rehabilitation administration - Practices and procedures › BACKGROUND CHECKS › Section 388-700-0025 - Is a contracting agency required to do background checks?

Current through Register Vol. 24-14, July 15, 2024
JRA must require background checks to be conducted on
					 prospective employees and volunteers of contracting agencies if the person will
					 have regular access to juveniles.
(1)
				  Requirements of WAC
				  388-700-0010,
				  388-700-0015, and
				  388-700-0020 must be met by
				  contracted service providers.
(2)
				  The contracted service provider or designee of an agency contracting with JRA
				  for the provision of a community facility must ensure background check
				  investigations are conducted according to department licensing
				  requirements.
Statutory Authority:
						RCW
						13.40.570. 00-24-014, § 388-700-0025,
						filed 11/27/00, effective 12/28/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-700 - Juvenile rehabilitation administration - Practices and procedures › SEXUAL MISCONDUCT BY JRA EMPLOYEES › Section 388-700-0030 - What action must be taken if there is a belief that sexual misconduct by a JRA employee has occurred?

Current through Register Vol. 24-14, July 15, 2024
If there is reasonable cause to believe that sexual
					 intercourse or sexual contact between a JRA employee and a JRA youth has
					 occurred, the secretary must immediately remove the JRA employee from access to
					 JRA youth, and follow reporting requirements in
					 chapter
					 26.44 RCW, Reporting abuse
					 and neglect of a child.
Statutory Authority:
						RCW
						13.40.570. 00-24-014, § 388-700-0030,
						filed 11/27/00, effective 12/28/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-700 - Juvenile rehabilitation administration - Practices and procedures › SEXUAL MISCONDUCT BY JRA EMPLOYEES › Section 388-700-0035 - What disciplinary action is required if there is evidence that sexual misconduct by a JRA employee has occurred?

Current through Register Vol. 24-14, July 15, 2024
If the preponderance of the evidence finds that sexual
					 intercourse or sexual contact between a JRA employee and a JRA youth has
					 occurred, or upon a guilty plea or conviction for any crime specified in
					 chapter
					 9A.44 RCW when the victim
					 was an offender, the secretary must immediately institute proceedings to
					 terminate the employee.
Statutory Authority:
						RCW
						13.40.570. 00-24-014, § 388-700-0035,
						filed 11/27/00, effective 12/28/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-700 - Juvenile rehabilitation administration - Practices and procedures › SEXUAL MISCONDUCT BY JRA CONTRACTORS › Section 388-700-0040 - What action must be taken if there is a belief that sexual misconduct by a JRA contractor has occurred?

Current through Register Vol. 24-14, July 15, 2024
The secretary requires the individual contractor, or
					 employee of a contractor, when there is reasonable cause to believe he/she has
					 had sexual intercourse or sexual contact with a JRA youth, to be immediately
					 removed from access to any JRA youth, and follow reporting requirements in
					 chapter
					 26.44 RCW, Reporting abuse
					 and neglect of a child.
Statutory Authority:
						RCW
						13.40.570. 00-24-014, § 388-700-0040,
						filed 11/27/00, effective 12/28/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-700 - Juvenile rehabilitation administration - Practices and procedures › SEXUAL MISCONDUCT BY JRA CONTRACTORS › Section 388-700-0045 - What action is required if there is evidence that sexual misconduct by a JRA contractor has occurred?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  If there is a preponderance of evidence that sexual intercourse or sexual
				  contact between a JRA contractor and a JRA youth occurred, the secretary must
				  inform the contractor that the individual employee is disqualified from
				  employment with a contractor in any position with access to JRA
				  youth.
(2) A contract with a
				  contractor who has had an employee who has been disqualified for employment
				  based on a preponderance of evidence that he or she has had sexual intercourse
				  or sexual contact with a JRA youth, must not be renewed until the secretary
				  determines that significant progress has been made by the contractor to reduce
				  the likelihood that any of its employees or subcontractors have sexual
				  intercourse or sexual contact with a JRA youth.
Statutory Authority:
						RCW
						13.40.570. 00-24-014, § 388-700-0045,
						filed 11/27/00, effective 12/28/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-700 - Juvenile rehabilitation administration - Practices and procedures › SEXUAL MISCONDUCT BY JRA EMPLOYEES OR CONTRACTORS › Section 388-700-0050 - What action will be taken if an employee or contractor has sexual intercourse or sexual contact against their will?

Current through Register Vol. 24-14, July 15, 2024
DSHS will not take any action against a person who is
					 employed or contracted by JRA who has sexual intercourse or sexual contact with
					 a JRA youth and it is found to have been against the employed or contracted
					 person's will.
Statutory Authority:
						RCW
						13.40.570. 00-24-014, § 388-700-0050,
						filed 11/27/00, effective 12/28/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-710 - Consolidated juvenile services programs › Section 388-710-0005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
"Administration"
means activities and costs
				  necessary for management and support of a consolidated juvenile services
				  program.
"Application"
means the document requesting
				  state funds for specific projects under the consolidated juvenile services
				  program.
"Community input"
means information received
				  from local entities which must include, unless impracticable: Providers,
				  judges, law enforcement, juvenile court staff, social service agencies,
				  schools, tribes, organizations representing communities of color, as well as
				  other persons with an interest in juvenile justice. An existing advisory group,
				  committee, or public forum may be used to gather input provided such groups
				  include representation from the entities listed above.
"Director"
means the director of the division of
				  community programs/juvenile rehabilitation administration or his or her
				  designee.
"Division"
means the division of community
				  programs of the juvenile rehabilitation administration.
"Outcome"
means specific changes in the lives of
				  youth and families which lead to a decrease in recidivism.
"Participating county"
means a county or
				  counties applying under this chapter.
"Program administrator"
or
"administrator"
means the person designated to administer the
				  consolidated juvenile services program in the juvenile court.
"Project"
means a specific intervention or
				  program performed as a part of consolidated juvenile services.
"Project supervisor"
or
"supervisor"
means a person designated to supervise a project or
				  projects in the consolidated juvenile services program.
"Regional administrator"
means the regional
				  administrator of one of the division's six administrative regions, or his or
				  her designee.
Statutory Authority:
					 RCW
					 13.06.030. 00-16-032, § 388-710-0005,
					 filed 7/24/00, effective 8/24/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-710 - Consolidated juvenile services programs › Section 388-710-0010 - Establishment of a consolidated juvenile services program

Current through Register Vol. 24-14, July 15, 2024
(1) Request to participate.
A request by a county or group of counties to participate
				  under this chapter must include a signed resolution or letter of intent
				  submitted to the regional administrator by the executive body expressing intent
				  to participate. The request must include a statement that consolidated juvenile
				  services funds will not be used to replace county funds for existing programs.
				  For those counties with juvenile detention facilities, the counties must
				  include a statement indicating standards of operation as outlined under
				  RCW
				  13.06.050 are in place.
(2) Program planning process and approval.
(a) Each participating county must develop a
				program application for the delivery of services and must agree to comply with
				the provisions of this chapter.
(b)
				The application must incorporate community input and respond to community
				comments, which must include but not be limited to:
(i) Efforts to identify and utilize existing
				community services;
(ii)
				Appropriate linkage to and support from other elements of the existing juvenile
				justice, education, and social service systems to reduce or eliminate barriers
				to effective family centered service delivery;
(iii) Efforts to address racial
				disproportionality; and
(iv)
				Efforts to address issues specific to the Americans with Disabilities Act as it
				relates to client and family service delivery.
(c) Written guidelines and instructions for
				the application must be provided by the division. The application must be
				developed in consultation with the regional administrator to ensure the
				coordination of state, county, and private sector resources within regional
				boundaries and must be submitted to the regional administrator for review and
				approval.
(d) The division may
				provide technical assistance in the development of the application.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-710 - Consolidated juvenile services programs › Section 388-710-0015 - General provisions

Current through Register Vol. 24-14, July 15, 2024
(1) Access to
				services and use of existing community resources. Program administrators must
				ensure all juveniles participating in the program have access to appropriate
				services, activities, and opportunities.
(2) All juveniles served by projects covered
				under this chapter must be afforded judicial due process in all contacts,
				especially those which may result in a more restrictive intervention.
Statutory Authority:
					 RCW
					 13.06.030. 00-16-032, § 388-710-0015,
					 filed 7/24/00, effective 8/24/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-710 - Consolidated juvenile services programs › Section 388-710-0020 - Organization

Current through Register Vol. 24-14, July 15, 2024
The organizational structure of the program is the
				  prerogative of the juvenile court participating under this chapter and must not
				  be dictated by these standards.
Statutory Authority:
					 RCW
					 13.06.030. 00-16-032, § 388-710-0020,
					 filed 7/24/00, effective 8/24/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-710 - Consolidated juvenile services programs › Section 388-710-0025 - Administration

Current through Register Vol. 24-14, July 15, 2024
(1) Administrators
				and supervisors are responsible for the implementation of the program and the
				accomplishment of stated activities and outcomes.
(2) Administrators or supervisors must meet
				at least annually with the regional administrator to review progress toward the
				achievement of outcomes.
(3) Case
				records and management information.
(a)
				Juvenile offender records must minimally contain a case plan, based upon
				assessed factors related to risk to reoffend, methods of intervention and a
				termination/closing report summarizing case activity and outcomes.
(b) The provisions of
				chapter
				13.50 RCW pertaining to
				the maintenance and confidentiality of social and legal information apply to
				all programs and projects covered under this chapter.
(c) Administrators and/or supervisors must
				provide necessary statistical data to maintain the division's management
				information system and must maintain sufficient data to evaluate program
				effectiveness and outcomes.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-710 - Consolidated juvenile services programs › Section 388-710-0030 - Monitoring of performance and evaluation of program impact

Current through Register Vol. 24-14, July 15, 2024
(1) It is the
				responsibility of the administrator to submit monthly reports, annual narrative
				reports, corrective action plans and reports, and other reports as specified in
				the division's application, budget, and monitoring instructions to the regional
				administrator.
(2) The regional
				administrator must submit to the director a biennial report of each
				program.
(3) The regional
				administrator, may at any time, request a formal program/project or fiscal
				audit and may also request other available technical services to assist in
				monitoring and evaluating the program/projects.
Statutory Authority:
					 RCW
					 13.06.030. 00-16-032, § 388-710-0030,
					 filed 7/24/00, effective 8/24/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-710 - Consolidated juvenile services programs › Section 388-710-0035 - Distribution of funds and fiscal management

Current through Register Vol. 24-14, July 15, 2024
Funding constraints.
(1) Funds for programs covered by this
				chapter must be utilized for the achievement of the outcomes stated for each
				project.
(2) Failure on the part of
				any project to perform in accordance with the provisions of this chapter may
				result in the termination or reduction of funds.
(3) The administrator is responsible for the
				management of all fiscal matters related to the program. The program must
				comply with state and local policies and procedures, the terms and conditions
				of the contract, and the application, budget, and monitoring instructions as
				outlined by the juvenile rehabilitation administration.
Statutory Authority:
					 RCW
					 13.06.030. 00-16-032, § 388-710-0035,
					 filed 7/24/00, effective 8/24/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-710 - Consolidated juvenile services programs › Section 388-710-0040 - Exceptions to rules

Current through Register Vol. 24-14, July 15, 2024
The juvenile court may request in writing to the director a
				  waiver of the specific requirements of this chapter when the imposition of such
				  requirements can be shown to be detrimental or impractical to overall program
				  operations. The director must consider each waiver request individually and
				  promptly advise the applicant in writing of the director's decision regarding
				  the waiver and explain the basis for such decision.
Statutory Authority:
					 RCW
					 13.06.030. 00-16-032, § 388-710-0040,
					 filed 7/24/00, effective 8/24/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-720 - Collection of costs of support, treatment, and confinement of juveniles under RCW 13.40.220 › Section 388-720-0010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
"Department" means the department of social and health
				  services, state of Washington.
"Dependent" means the juvenile's parent or parents, a
				  registered domestic partner, a stepparent living in the home who has no income,
				  any child, stepchild or adult family member on whom the parent may claim a
				  federal income tax deduction, not including the juvenile confined to the
				  department.
"Federal poverty guidelines" means the poverty guidelines
				  updated periodically in the federal register by the U.S. Department of Health
				  and Human Services (HHS) under the authority of
				  42 U.S.C.
				  9902(2).
"Gross income" means the total income, as determined by the
				  department, from all sources, received by the legally obligated person, the
				  legally obligated person's spouse or registered domestic partner, the juvenile,
				  or other children or step-children of the legally obligated person remaining in
				  the household. Child support received for the juvenile will be included as
				  gross income; child support received for other children will not be counted as
				  part of the legally obligated person's gross income.
"Juvenile" means a juvenile offender sentenced to confinement
				  in the department, other than an offender for whom a parent is approved to
				  receive adoption support under
				  chapter
				  74.13 RCW.
"Legally obligated person," "financially obligated person"
				  and "responsible person" mean the parent or parents of the juvenile or other
				  person or persons, including registered domestic partners, legally obligated to
				  care for and support the juvenile, including a stepparent.
Statutory Authority:
					 RCW
					 13.40.220. 09-24-093, § 388-720-0010,
					 filed 12/1/09, effective 1/1/10; 00-22-019, recodified as § 388-720-0010,
					 filed 10/20/00, effective 11/20/00; 94-15-009 (Order 3752), § 275-47-010,
					 filed 7/8/94, effective 8/8/94.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-720 - Collection of costs of support, treatment, and confinement of juveniles under RCW 13.40.220 › Section 388-720-0030 - Modifications

Current through Register Vol. 24-14, July 15, 2024
(1) A legally
				obligated person may submit a modified financial statement upon a change in
				gross income or in the number of persons residing in the household only if the
				change decreases the reimbursement obligation by one hundred dollars per month
				or more. A decrease may be granted only from the date on which the request for
				modification is made, and may not be applied retroactively.
(2) A legally obligated person shall file a
				financial statement modification if a change in gross income or the number of
				persons residing in the household increases the reimbursement obligation by one
				hundred dollars per month or more. An increase may be applied retroactively
				from the date of the change in income.
(3) The department will issue a new notice
				and finding of financial responsibility upon receipt of a modified financial
				statement as defined in subsections (1) or (2) of this section. The department
				may also issue a new notice based upon its own review of information available
				to it if the conditions of subsection (1) or (2) of this section are
				met.
Statutory Authority:
					 RCW
					 13.40.220. 09-24-093, § 388-720-0030,
					 filed 12/1/09, effective 1/1/10; 00-22-019, amended and recodified as §
					 388-720-0030, filed 10/20/00, effective 11/20/00; 94-15-009 (Order 3752),
					 § 275-47-030, filed 7/8/94, effective
					 8/8/94.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-720 - Collection of costs of support, treatment, and confinement of juveniles under RCW 13.40.220 › Section 388-720-0040 - Hearing

Current through Register Vol. 24-14, July 15, 2024
(1) A legally
				obligated person may request a hearing pursuant to
				RCW
				13.40.220(6) and
				chapter
				34.05 RCW to contest a
				notice and finding of financial responsibility issued by the
				department.
(2) The sole issues
				which may be considered at the hearing are whether the:
(a) Person receiving the notice and finding
				of financial responsibility is a person financially obligated for the care and
				support of the juvenile; and
(b)
				Department, as described under WAC
				388-720-0020 correctly:
(i) Determined the legally obligated person's
				gross income and determined the number of parents in the household, including
				registered domestic partners, and dependents;
(ii) Determined exemptions; and
(iii) Calculated the reimbursement obligation
				in accordance with the reimbursement schedule as described under WAC
				388-720-0020.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-720 - Collection of costs of support, treatment, and confinement of juveniles under RCW 13.40.220 › Section 388-720-0050 - Powers of the administrative law judge

Current through Register Vol. 24-14, July 15, 2024
The administrative law judge after the hearing conducted in
				  accordance with WAC
				  388-720-0040, in the final order
				  rendered shall:
(1) Include the name
				and age of the juvenile.
(2)
				Include the legally obligated person's monthly obligation amount for the period
				of the juvenile's confinement beginning with the date the child enters the
				custody of the department.
(3) Not
				establish any amount constituting a repayment figure of any accrued obligation
				of the legally obligated person.
(4) State that any accrued obligation shall
				be paid by the legally obligated person to the department's office of financial
				recovery (OFR) and that OFR will be responsible for determining the method of
				repayment of the parent's accrued obligation.
(5) Include a statement that the responsible
				person's financial obligation is collectible by OFR and that should the legally
				obligated person fail to comply with any payment plan entered into by OFR and
				the legally obligated person, or the legally obligated person fails to pay the
				amount set out in the final order, OFR shall be authorized to take legal
				collection action to recover the amounts due from the legally obligated person.
				Legal collection action can include, but is not limited to:
(a) The filing of liens against the real and
				personal property of the responsible person; or
(b) The issuance of a garnishment order
				against the wages, bank accounts, or other property of the responsible
				persons.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-730 - Placement of juvenile offenders committed to the juvenile rehabilitation administration (JRA) › Section 388-730-0015 - Assessment

Current through Register Vol. 24-14, July 15, 2024
(1) Risk assessment
				and treatment needs must be the basis of placement decisions involving
				juveniles.
(2) JRA must ensure
				juveniles are assessed to determine appropriate placement and treatment
				programming. Ongoing risk and needs assessment must occur during a juvenile's
				commitment to JRA.
(3) Risk
				assessment must include:
(a) Risk to public
				safety;
(b) Risk for sexually
				aggressive behavior; and
(c) Risk
				for vulnerability to sexual aggression.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-730 - Placement of juvenile offenders committed to the juvenile rehabilitation administration (JRA) › Section 388-730-0020 - Security classifications

Current through Register Vol. 24-14, July 15, 2024
(1) There
				are four JRA security classifications:
(a)
				Maximum;
(b) Medium;
(c) Institutional minimum; and
(d) Minimum.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-730 - Placement of juvenile offenders committed to the juvenile rehabilitation administration (JRA) › Section 388-730-0030 - Maximum security

Current through Register Vol. 24-14, July 15, 2024
(1) A maximum
				security classification must be assigned to a juvenile if:
(a) Indicated by the initial security
				classification assessment; or
(b)
				Following the initial security classification, it is determined the juvenile:
(i) Does not meet the community placement
				eligibility requirements for minimum security; and
(ii) Requires maximum security restrictions
				to protect public safety, encourage the juvenile to participate in treatment
				and follow facility rules, or enhance the safe and orderly operation of the
				facility.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-730 - Placement of juvenile offenders committed to the juvenile rehabilitation administration (JRA) › Section 388-730-0040 - Medium security

Current through Register Vol. 24-14, July 15, 2024
(1) A medium
				security classification must be assigned to a juvenile if:
(a) Indicated by the initial security
				classification assessment; or
(b)
				Following the initial security classification, it is determined the juvenile:
(i) Does not meet the community placement
				eligibility requirements for minimum security; and
(ii) Requires medium security restrictions to
				protect public safety, encourage the juvenile to participate in treatment and
				follow facility rules, or enhance the safe and orderly operation of the
				facility.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-730 - Placement of juvenile offenders committed to the juvenile rehabilitation administration (JRA) › Section 388-730-0050 - Institutional minimum

Current through Register Vol. 24-14, July 15, 2024
(1) An
				institutional minimum classification must be assigned to a juvenile if:
(a) Indicated by the initial security
				classification assessment;
(b)
				Indicated by the community placement eligibility requirements unless a recent
				incident indicates the juvenile no longer meets these requirements;
				or
(c) The assistant secretary for
				JRA or designee approves an override of the medium security
				classification.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-730 - Placement of juvenile offenders committed to the juvenile rehabilitation administration (JRA) › Section 388-730-0060 - Minimum security

Current through Register Vol. 24-14, July 15, 2024
(1) The provisions
				of WAC 388-730-0050 also apply to a
				juvenile classified as minimum security, except the juvenile must reside in a
				community facility, residential treatment and care program, or a community
				commitment program facility (CCP) rather than in an institution.
(2) Juveniles must not be placed in a
				community facility or residential treatment and care program until:
(a) Ten percent of the juvenile's sentence,
				and in no case less than thirty days, has been served in a secure facility;
				and
(b) All placement assessment
				requirements have been met.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-730 - Placement of juvenile offenders committed to the juvenile rehabilitation administration (JRA) › Section 388-730-0065 - Special placement restrictions

Current through Register Vol. 24-14, July 15, 2024
Certain placement restrictions apply to community facilities
				  and residential treatment and care programs that are commonly used by and under
				  the jurisdiction of both JRA and the children's administration.
(1) When juveniles under commitment to JRA
				are assessed as a high to moderate risk for sexually aggressive behavior, they
				may not be placed in a community facility or residential treatment and care
				program with youths under the jurisdiction of children's administration unless:
(a) They are placed in a separate living unit
				solely for juveniles currently under the jurisdiction of JRA; or
(b) They are placed in a program that
				contracts specifically for the provision of services to sexually aggressive
				youth.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-730 - Placement of juvenile offenders committed to the juvenile rehabilitation administration (JRA) › Section 388-730-0070 - Residential disciplinary standards

Current through Register Vol. 24-14, July 15, 2024
(1)
				Serious violations by a juvenile include:
(a)
				Escape or attempted escape;
(b)
				Violence toward others with intent to harm and/or resulting in significant
				bodily injury;
(c) Involvement in
				or conviction of a criminal offense under investigation by law enforcement or
				awaiting adjudication for behavior that occurred during current
				placement;
(d) Extortion or
				blackmail that threatens the safety or security of the facility or
				community;
(e) Setting or causing
				an unauthorized fire with intent to harm self, others, or property, or with
				reckless disregard for the safety of others;
(f) Possession or manufacture of weapons or
				explosives, or tools intended to assist in escape;
(g) Interfering with staff or service
				providers in performing duties relating to the security and/or safety of the
				facility or community;
(h)
				Intentional property damage in excess of one thousand five hundred
				dollars;
(i) Possession, use, or
				distribution of drugs or alcohol, or use of inhalants;
(j) Rioting or inciting others to
				riot;
(k) Refusal of urinalysis or
				search; or
(l) Other behaviors
				which threaten the safety or security of the facility, its staff, or residents
				or the community.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-730 - Placement of juvenile offenders committed to the juvenile rehabilitation administration (JRA) › Section 388-730-0080 - Documenting and reporting violations committed by juveniles in residential facilities

Current through Register Vol. 24-14, July 15, 2024
(1) All serious
				violations and violations listed in WAC
				388-730-0070(2) 
				must be documented in an incident report. The incident report must include:
(a) Circumstances leading up to the
				violation(s);
(b) A description of
				the violation;
(c) Response by
				staff;
(d) Response by the
				juvenile(s) involved in the incident; and
(e) Sanctions imposed or recommended for the
				violation(s).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-730 - Placement of juvenile offenders committed to the juvenile rehabilitation administration (JRA) › Section 388-730-0090 - Service provider penalty schedule

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever a service provider contracts
				with the JRA to operate a community facility or residential treatment and care
				program, the contracted service provider must report any known violation as
				required in WAC
				388-730-0080.
(2) If the contracted service provider fails
				to report violations within the prescribed time frames, the JRA must impose one
				or more of the following remedies:
(a)
				Imposition of a corrective action plan to be completed as determined by the
				program administrator.
(b)
				Imposition of the following monetary penalties:
(i) The first time fines are imposed on a
				service provider, the penalty must be at the rate of fifty dollars per day for
				each juvenile involved in a violation that was not reported as required. The
				penalty must be assessed for each day the report was late, and may continue
				until a corrective action plan is approved by the program
				administrator.
(ii) Subsequent
				fines imposed on the service provider during the same calendar year must be at
				the rate of seventy-five dollars per day for each juvenile involved in a
				violation that was not reported as required. The penalty must be assessed for
				each day the report was late, and may continue until a corrective action plan
				is approved by the program administrator.
(c) Order to stop placement until a
				corrective action plan is submitted, approved by the program administrator, and
				implemented.
(d) Termination of the
				contract for convenience if it is determined such termination is in the best
				interests of the department.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-740 - Juvenile parole revocation › Section 388-740-0030 - Parole arrest warrant

Current through Register Vol. 24-14, July 15, 2024
(1) A
				juvenile parole officer:
(a) Must issue a
				parole arrest warrant when the juvenile parole officer has reason to believe a
				juvenile parolee possessed a firearm or used a deadly weapon during the parole
				period; or
(b) May issue a parole
				arrest warrant when the juvenile parole officer has reason to believe a
				juvenile parolee has violated a condition of parole, other than possession of a
				firearm or use of a deadly weapon.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-740 - Juvenile parole revocation › Section 388-740-0040 - Parole revocation petition

Current through Register Vol. 24-14, July 15, 2024
(1)
				The juvenile parole officer:
(a) Must
				initiate a parole revocation petition if the juvenile parole officer has reason
				to believe the juvenile parolee possessed a firearm or used a deadly weapon
				during the parole period; or
(b)
				May initiate a parole revocation petition if the juvenile parole officer has
				reason to believe the juvenile parolee has violated a condition of parole,
				other than possession of a firearm or use of a deadly weapon. Criteria in WAC
				388-740-0070(2), (3), (4) and
				(5) are assessed by the juvenile parole
				officer to determine the type of revocation and duration of confinement for
				which to petition.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-740 - Juvenile parole revocation › Section 388-740-0060 - Parole revocation hearing

Current through Register Vol. 24-14, July 15, 2024
(1)
				After the petition is filed a parole revocation hearing must be held to
				determine whether the alleged parole violation occurred unless the juvenile
				parolee waives his/her right to a parole revocation hearing. If the juvenile
				parolee is held in detention as described under WAC 275-30-030, the
				administrative law judge must hold the hearing within seventy-two hours
				(excluding Saturdays, Sundays, and holidays) of the petition being served.
				Otherwise the administrative law judge must hold a hearing no sooner than seven
				days after the petition is served, but no later than fourteen days after the
				petition is served.
(2) At the
				parole revocation hearing, the juvenile may waive the right to be represented
				by an attorney. A juvenile waiving the right to an attorney may either contest
				or agree to the parole revocation.
(3) The administrative law judge must:
(a) Conduct a parole revocation hearing in
				accordance with chapter 10-08 WAC except as otherwise indicated in these
				rules;
(b) Grant the parole
				revocation petition if the administrative law judge finds, by a preponderance
				of the evidence, the violation occurred and the violation warrants
				revocation;
(c) Order the relief
				requested in the petition, if the parole revocation petition is
				granted;
(d) Issue an oral decision
				immediately following the parole revocation hearing;
(e) Issue a written decision within
				forty-eight hours of the hearing; and
(f) Provide a copy of the decision to the
				juvenile parole officer, the juvenile parolee and his/her attorney, the
				juvenile parolee's parent/guardian, and the department. The administrative law
				judge's decision shall constitute a final administrative decision.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-740 - Juvenile parole revocation › Section 388-740-0070 - Confinement

Current through Register Vol. 24-14, July 15, 2024
(1) Mandatory
				confinement.
A JRA youth must be confined for a minimum of thirty days for
				  possession of a firearm or use of a deadly weapon while on parole, per
				  RCW
				  13.40.210(4)(c).
(2) Confinement for up to thirty
				days.
A JRA youth may be confined for a period not to exceed thirty
				  days for violating one or more conditions of parole, per
				  RCW
				  13.40.210(4)(a)(i) through
				  (iv).
(3) Confinement for remainder of sentence.
As provided for in
				  RCW
				  13.40.210(4)(a)(v) and (vi),
				  certain JRA youth who are placed on parole before completing their maximum
				  sentence may be returned to confinement for the remainder of their sentence if
				  they violate conditions of parole.
(a)
				Sex Offenders: A JRA youth may be returned to confinement for the remainder of
				the sentence range if the offense for which the youth was sentenced is rape in
				the first or second degree, rape of a child in the first or second degree,
				child molestation in the first degree, indecent liberties with forcible
				compulsion, or a sex offense that is also a serious violent offense as defined
				under RCW
				9.94A.030.
(i) The remainder of sentence is calculated
				as the maximum aggregated term of qualifying sex offenses, minus the number of
				days served on the aggregated sentence for the qualifying sex offense or
				offenses.
(ii) Previous days in
				confinement for a parole violation are not deducted in this
				calculation.
(iii) Aggregated terms
				are served such that any term or terms for qualifying sex offenses are
				considered the last served.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-745 - Transfer of juvenile offender to the department of corrections › Section 388-745-020 - Notification to juvenile

Current through Register Vol. 24-14, July 15, 2024
A juvenile being considered for transfer to DOC shall be
				  notified in writing at least five days in advance of the review board hearing
				  convened to consider the matter. Notification to the juvenile offender will
				  include the reasons the transfer is being considered and a copy of the rules
				  pertaining to the review board hearing. Prior to any review board hearing, the
				  juvenile being considered for transfer to DOC, or the juvenile's attorney,
				  shall have the right of access to, and adequate opportunity to examine any
				  files or records of the department pertaining to the proposed transfer of the
				  juvenile to the department of corrections.
00-16-078, recodified as § 388-745-020, filed 7/28/00,
					 effective 7/28/00. Statutory Authority:
					 RCW
					 13.40.280. 84-10-032 (Order 2097), §
					 275-33-020, filed 4/30/84.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-745 - Transfer of juvenile offender to the department of corrections › Section 388-745-030 - Composition of board

Current through Register Vol. 24-14, July 15, 2024
The review board will be composed of the director of DJR or
				  designee and two other juvenile rehabilitation administrators appointed by the
				  chairman.
00-16-078, recodified as § 388-745-030, filed 7/28/00,
					 effective 7/28/00. Statutory Authority:
					 RCW
					 13.40.280. 84-10-032 (Order 2097), §
					 275-33-030, filed 4/30/84.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-745 - Transfer of juvenile offender to the department of corrections › Section 388-745-040 - Attendance at hearing

Current through Register Vol. 24-14, July 15, 2024
Attendance at a review board shall be limited to parties
				  directly concerned. The chairperson may exclude unauthorized persons unless the
				  parties agree to their presence. Parties shall have the right to present
				  evidence, cross-examine witnesses and make recommendations to the board. All
				  relevant and material evidence is admissible which, in the opinion of the
				  chairperson, is the best evidence reasonably obtainable, having due regard for
				  its necessity, availability and trustworthiness.
00-16-078, recodified as § 388-745-040, filed 7/28/00,
					 effective 7/28/00. Statutory Authority:
					 RCW
					 13.40.280. 84-10-032 (Order 2097), §
					 275-33-040, filed 4/30/84.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-745 - Transfer of juvenile offender to the department of corrections › Section 388-745-050 - Consideration of evidence

Current through Register Vol. 24-14, July 15, 2024
At the conclusion of the hearing, the review board will
				  consider all evidence presented and make a decision whether continued placement
				  of the juvenile offender in an institution for juvenile offenders presents a
				  continuing and serious threat to the safety of others in the
				  institution.
00-16-078, recodified as § 388-745-050, filed 7/28/00,
					 effective 7/28/00. Statutory Authority:
					 RCW
					 13.40.280. 84-10-032 (Order 2097), §
					 275-33-050, filed 4/30/84.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-745 - Transfer of juvenile offender to the department of corrections › Section 388-745-060 - Record of decision

Current through Register Vol. 24-14, July 15, 2024
The chair of the review board will prepare a written record
				  of the decision and reasons therefore. The review board shall be recorded
				  manually, or by mechanical, electronic, or other device capable of
				  transcription.
00-16-078, recodified as § 388-745-060, filed 7/28/00,
					 effective 7/28/00. Statutory Authority:
					 RCW
					 13.40.280. 84-10-032 (Order 2097), §
					 275-33-060, filed 4/30/84.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › JUVENILE REHABILITATION › Chapter 388-750 - Impact account - Criminal justice cost reimbursement › Section 388-750-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following words and phrases shall have the following
				  meaning when used in these regulations regarding the interpretation of
				  regulations for the reimbursement from impacts caused by criminal behavior of
				  state institutional residents:
"Department"
means the department of social and
				  health services.
"Incremental"
means efforts or costs incurred by
				  cities, towns, and/or counties that are not otherwise incurred and are only as
				  a result of the criminal behavior of state institutional residents.
"Resident"
means any person committed to a state
				  institution by the courts for confinement as an offender pursuant to
				  chapters
				  10.64,
				  10.77, and
				  13.40 RCW.
"Institution"
means any state institution
				  operated by the department for the confinement of offenders committed under
				  chapters
				  10.64,
				  10.77, and
				  13.40 RCW.
"Law enforcement cost"
means costs incurred to
				  apprehend escapees or to investigate crimes committed by institutional
				  residents within or outside state institutions listed in this chapter.
"Resident"
means any person committed to a state
				  institution by the courts for confinement as an offender under
				  chapters
				  10.64,
				  10.77, and
				  13.40 RCW.
Statutory Authority:
					 RCW
					 72.72.040. 00-23-061, § 388-750-010,
					 filed 11/14/00, effective 12/15/00.