ORDER NO. 29868 KERR COUNTY JUVENILE DETENTION FACILITY POLICY AND PROCEDURES MANUAL FOR 2006-07 Came to be heard this the 28th day of August, 2006, with a motion made by Commissioner Letz, seconded by Commissioner WilliamsBaldwin. The Court unanimously approved by vote of 4-0-0 to: Approve the Kerr County Juvenile Detention Facility Policy and Procedures Manual for 2006-07, as signed off on. ~, t5 ~9 ~~ ~ COMMTSSTONF,RS' COURT AGENDA REOTJF.ST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Kevin Stanton OFFICE: KCJF ~'-ad-oco MEETING DATE: 9~4RA6 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on approving the Kerr County Juvenile Detention Facility Policy and Procedures manual for 06-07. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Kevin Stanton ESTIMATED LENGTH OF PRESENTATION: 2 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Meeting scheduled for Mondays: 5:00 P.M, previous Tuesday. ANNUAL APPROVAL OF KERB COUNTY JUVENILE FACILITY POLICY & PROCEDURES Be it remembered that on the 14`h, day of August, 2006, the members of the Ken County Commissioners Court (governing body) have approved the calendar of the Kerr County Juvenile Detention Facility Policy & Procedures according to Texas Juvenile Probation Commission standards. Kerr County Commissioners Court Tinley Lave Nicnoioson Precinct #4 KERR COUNTY JUVENILE FACILITY KERR COUNTY POLICIES AND PROCEDURES SI ~BC:H:1PT'lt r1 1) c t i n i t i o n s-------------------------------------------------------------------------------------------------- I TJPC §343.'1 SUBCHIPTE:R B Administration and JGlanagemcnt Governing Body----------------------------------------------------------------------------------------------6 'TJPC §343.2(a}(b)(c}(1)(2) Duties of Facility Administrator_________________________________________________________________________ g TJPC §343.2(d} Q343.15(a}(2)(A)([3} Organization Structure-------------------------------------------------------------------------------10 Policy and Procedure Manual/Employee Guidebook--------------------------------------------___12 Tobacco-Free Facility------------------------------------------------------------------------------13 Drug-Free Facility---------------------------------------------------------------------------------14 KCJF Disciplinary Actions Involving Resident Escapes------------------------------------------------___16 Facility Dress Code ------------------------------------------------------------------------------------18 KCJF Public Information and Media Access -----------------------------------------------------------------20 KCJF Treatment and Saf'eh~ Serious Incidents-------------------------------------------------------------------------------- -------23 TJPC §343 3(a) Resident Abuse, Neglect, and Exploitation/Reporting Abuse, Neglect, and Exploitation-------------------------------------------------------------------------------------------25 'I'JI'C ~343.3(b)(]}{2)(3}(c)(1)(21{3)t41(5)(d1U1(21(3){e} §343.12{f 1 Data C;nllection Data Collection--------------------------------------------------------------------------------------------29 'CJPC'y5'343.4 §343.] 2(g) Physical :Plant Inventory Control--------------------------------------------------------------------------°------30 KCJF Systems and Safety Plan-----------------------------°------------------------------------------------32 TJPC X3435{a)(c)(d)(e)(1)(A)(B)(2}(_A-@;)(t) Living Space-Population---------------------------------------------------------------------------35 TJPC §343.5(g)(m)(n)(1}{2)(3){4)(o}(p)(y)(r)(s)(u) §343.49(a)(I)(b)tl-3) §343.50(a){1 )(2}{h) Furnishings & Hygiene &Time-Out Room------------------------------------------------------------38 TJPC §343.5(h){i)(j}(1)(2)(A-C)(3-S)p;) $343.46{a)(b} Accessibility-----------------------------------------------------------------------------------------41 Securiiv and Control Control of Equipment------------------------------------------------------------------------------------42 T.[PC §343.6(a)(1)(2}(3y(.4-C)(4)(-F)(r)(1)(2} Searches-------------------------------------------------------------------------------------------------46 'TJPC §343,6{b){1-S) Perimeter and Control Area Security__________________________________________________________________50 TJPC §343.6(d)(1)(2} Resident Supervision and Movement/Confinement-------------------------------------------------g2 TJPC §343.6(e)(1-3) Resident Count-------------------------------------------------------------------------------------------- -54 KCJF Facility Inspections and Permanent Logs-------------------------------------------------------------56 KCJF 12ules and Discipline Prohibited Sanctions & Resident Responsibilities---------------------------------------------------gg T.)PC 4343,7(a)(I-9)(h){c)(.~){1;}(d)(1)(A){t3}(2)(A-E) §343.12(b) Foad Nutrition and Menus---°-------------°-------------------------------------------------------------------60 T,iPC §343.R(a-cq(1.)(2)(e)U)(2)(f)(1-4) Hygiene Bedding, Clothing, and Housekeeping__________________________________________________________________62 TJPC §343.9(a)(1)(2)(b){c)(1)(2)(d}{e) Health Care Services Medication and Health Care Services------------------------------------------------------------------63 TJPC §343.10(aKb}(I)(2){c)(d){1){2}(e)(f) Suicidal Youth----------------------------------------------------------------------------------------69 'TJPC §343.10(g}{1)(~~~-C)(2)(A-D}(3)(A-E} Communication Residents' Use of Mail, Telephone, and Visitation--------------------------------------------------74 TJPC: ~343.11(a)(1-4)(h){1 )(2}(c)(1){,~-C){2-6)(A)(B} Residents' Access to the News Media------------------------------------------------------------------~g KCJF Residents' Rights Communication with Legal Representative----------------------------------------------------------gp TJPC §343.12(a)(c) Residents' Rights within the Facility------------------------------------------------------------------81 T:fl (: §343.12(b)(d)(e)(f7(i)(j) Residents' Rights for Treatment------°--------------°-------------------------------------------_--_82 TJPC' §343.12(g) ~'ahmtecrs and Interns Volunteers and Interns----------------------------------------------------------------------------------84 ~rJPC §343. f a Employment of CcrtitIed Juvenile Detention Officers Employment of Certified Juvenile Detention Officers--------------------------------------------86 T.R'C §343.15(a)(1)(kr)(1}(A-C)(2}(A-K)(3-5)(c)(1)CA-~=iiH}(2)(A)li3) X343.16 ~•. . Certification anti .Ite-certification Certification and Re-certiTication Requirements for JDO---------------------------------------g9 G a 4°5. x ~ 2- ~t..}~.#. btt., ~~'a~ 4. k . " Y Y t:.:. ~ ~. x k ~r.. - ~ .. .. .. . •t Training for JDO Certification and Re-certification----------------------------------------------92 Cock of Ethics Code of Ethics/Standards of Conduct---------------------------------------------------------------95 TJPC §343.17(1)(A-.1)(2)(A-F) SUBCHAPTER C Intake, Admission and Rcleasc (Pre-Adjudication) Intake, Admission and Release----------------------------------------------------------------100 l:)PC§343.3i7(a)O )IZ)(b)('1)(')(c1(1)('?)(d)(1)(~7(r~-C)(3)(4)1e-i}{1)(2}(!)i l- 9)(k)(1)(1-3 }(rn)(I -4) Sunervision---------------------------------------------------------------------------------------103 7 ;[P(' §343.32(a)(b)(I)(2)(c)(1)(A}(<)(A}(B)(3}(A-D)(4j{~1)i 1)(A-F.}(3 ) 105 T,)1'C §343.33ta)(1-3)(b)(1 }('){c}(1-181(d}{ 1-9) Sleeping Units-----------------------------------------------------------------------------------108 TJPC ~~343.34(u)(1 }(2)(3)(.A-Ii }(4 ) Physical Plant------------------------------------------------------------------------------------109 'TJPC }343.3(,(a}(b) 110 T.I PC §343.37{a}(1-4)(b)(c}(l)(2 }(A)f13)(d)(1 }(~) SUBCNvlana~ement Standard: Subject: Tobacco-Free Facility Policy: Kerr County Juvenile Facility (KCJF) prohibits the use of tobacco products on the premises of the facility. No vending machines that dispense tobacco products are allowed on site. Staff shall not provide, distribute, or facilitate residents' access to tobacco products. Staff and other adults (volunteers, teachers, and visitors) shall not use tobacco products in the presence of residents on the program site. KCJF expressly prohibits residents from using tobacco products. Procedure: Staff that smoke must do so at approved break times and in the designated area provided for employees. No residents may have access to this area at any time. All tobacco products must remain within staff vehicles or staff lockers at all times. At no time should any tobacco products be beyond the security door entering the resident living area. Staff and other adults who violate this rule will be dealt with on a case-by-case basis. Staff that violates this rule will be dealt with through the Kerr County Juvenile Facility procedures and will be documented in the personnel file. Disciplinary action for violating this rule can ultimately result in termination of employment. 13 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 2 Subchapter B: Administratiou and 11'lanagement Standard: KCJF Subject: Drug-Free Facility Policy: Kerr County Juvenile Facility prohibits use of any alcohol and/or drugs on the premises of the facility. No employee shall endanger residents or fellow employees' health, safety, or welfare by the use of alcohol and/or drugs on the premises of KCJF. KCJF reserves the right to take all legal measures to ensure that this policy is strictly upheld including reasonable searches and random drug testing. Employee refusal to submit to a search or test may lead to immediate discharge. All employees shall provide written acknowledgment of this policy and consent to searches and testing. Procedure: The following conduct is prohibited at KCJF with the following consequences for infractions of the prohibited conduct: • No use, possession, sale or transfer of illegal drugs on or off facility property-use, possession, sale or transfer of illegal drugs and controlled substances on facility property shall result in immediate termination of the employee, and legal charges shall be filed as well as al] required reporting regazding client abuse. Use, possession, sale or transfer of illegal drugs off company property shall result in termination of employee and contact with any residents. • No use, possession or being under the influence of alcohol or drugs on facility property or while conducting facility business will be tolerated. If this occurs, the employee shall be terminated from resident contact and further termination action maybe taken to secure the safety of residents. • No use of alcohol or any illegal drug off facility property is acceptable when it affects the employees' work performance, other employees' safety, resident safely, or KCJF position in the community. If this occurs, the employee shall be terminated from any resident contact and further termination action maybe taken to secure the safety of residents and other employees. • All employees taking any medication that can cause any degree of impairment shall notify their immediate supervisor. Action shall betaken to protect resident safety, and temporary reassignment may occur if the employee has direct contact with residents. • Reasonable searches may occur at administration's discretion to ensure that all employees are upholding this policy. The Facility Administrator must authorize any and all seazches. An employee maybe searched personally, may have his/her 14 work areas searched, and/or his/her vehicles searched on facility property. The employee must sign written consent forms authorizing the search. The employee must illicit behavior that warrants this action, and documentation of the predisposing factors, the search, and results will be maintained through the incident reporting policy and procedure as well as any discipline reports in the employee file. KCJF performs random drug testing of employees and may include hair, blood, and/or urine testing. An employee shall have no prior notice when the test will occur. Employees must sign written consent forms authorizing the test and release of the results. Documentation of the notification, time of test, type of test, employee's response, and results of the test shall be maintained in a separate file as well as in the personnel file. Refusal to submit to a search or test as stipulated above shall result in the immediate termination of the employee, or can be considered a "voluntary resignation." 15 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION:2 Subchapter S: Administration and IVlanagemcnt Standard: KCJF Subject: Disciplinary Actions Involving Resident Escapes Policy: Staff will diligently perform their security, custody and control duties in a manner that does not allow for the escape of residents under their custody. Failure to do so will constitute gross misconduct. The Kerr County Juvenile Facility verbally reports all unauthorized departures to the local law enforcement entity (Kerr County Sheriff's Dept.), referring probation department, TYC and TJPC within 24 hours of the incident. Should the unauthorized departure occur on anon-business day or during non-business hours, the written report shall be made on the next business day following the weekend or holiday. Procedure: The security and safekeeping of residents in the custody of KCJF is of paramount importance and central to the successful completion to KCJF's mission. Any loss of a resident by escape could endanger the resident and/or other citizens in the community. It is of utmost importance that all procedures in this section are carried out completely. • The Shift Supervisor shall notify the Administrator on Duty immediately • The Administrator on Duty shall notify the Facility Administrator • The Facility Administrator or designee shall verbally notify the Kerr County Sheriff's Dept., TJPC, TYC, and referring probation department. • The Shift Supervisor will immediately conduct an investigation into the facts and circumstances surrounding the escape. The investigation shall be completed no more than 24 hours from the date of the escape and given to the Facility Administrator. The investigation will be in narrative format and include chronological listing of events, statements from all personnel involved or having knowledge of the escape, the locations of each officer at the time of the incident and route of escape. The investigation will answer the questions of who, what, when, where, why and how, if known. • The investigation and recommendation action will then be given to the Facility Administrator for his/her review and approval. • Juvenile Detention Officers and/or counselors involved in an escape investigation maybe suspended or be temporarily reassigned pending results of the investigation. 16 • If the investigation shows that negligence was involved on the part of the staff member in contributing to the escape, the staff member maybe terminated. 17 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 2 Subchapter B: Administration and Management Standard: KCJF Subject: Facility Dress Code Policy: The following dress code is to provide safety for staff and residents. The following garments are preferred for staff members who come in constant direct contact with residents as well as visitors to the facility. Procedure: A. Garments Preferred • Collared shirts/Facility issued • Rubber-soled shoes • Jeans or Slacks B. Garments Not Allowed • Dresses or Skirts • High-heeled shoes • Clothing with inappropriate logos or designs (the Facility Administrator or designee may determine appropriateness) • Revealing clothing • Clothing without a hem • Tank tops or muscle shirts • Tight clothing • Pierced earrings-this includes visible body piercing (tongue stud, eyebrow stud/ring, etc.) C. Fin ernails-Excessively long fingernails, either natural or artificial, are not appropriate within the facility environment. D. Garments for Court Appearances-There maybe times when staff is required to appear in court to testify or conduct VIP personnel tours. When this occurs, staff should wear garments commensurate with courtroom decorum, providing that time and notice permits. E. Clothinc for weekends and seasonal months-Shorts maybe worn on any shift between the months of April 1 through October 31. Shorts maybe worn on weekends only between the months of November through March 31. Shorts may not be shorter than two (2) inches above the knee. F. Ken County has no replacement liability for any personal items, such as garments, jewelry, eyeglasses, he/shearing aids or prosthetics that are broken or destroyed in the performance of a duty. Jewelry and expensive garments are worn at each employee's discretion and risk. 18 G. Cell Phones and Pa eg rs--Cell phones and pagers are prohibited beyond the security door leading into the resident housing area. All staff in constant direct supervision of residents must leave all cell phones and/or pagers either in their vehicle, control room or staff locker. Staff must be alert and focused on the safety and supervision of residents at all times during their respective shifts. If personal calls are being made or received on an excessive basis, quality supervision cannot be maintained. Personal telephone calls maybe made during designated breaks. If a staff receives a call, the shift supervisor may relieve the staff so the staff may return the call. This will only occur if the shift supervisor has time to do so. A message maybe taken for the staff so the staff may return the call during his/her break time. If there is an emergency call, the shift supervisor will immediately relieve the staff so the call maybe answered. Failure to follow this policy may result in disciplinary action. 19 KERB COUNTY JUVENILE FACILITY KERR COUNTY Policy & Procedure SECTION: 2 Subchapter B: ~~admittistratiou and Manal;cment Standard: KCJF Subject: Public Information and Media Access Policy: A public information program shall be developed to promote an understanding of the facility's philosophy and goals. All facility staff shall strive to maintain integrity and credibility with the general public and with those persons and organizations legitimately involved with the facility. Procedure: A. Coordination of Communication: The Facility Administrator or designee is the designated facility's public information officer. The duties of the office shall include: • Written communication • Executive correspondence-Initial reviewing of all executive correspondence from legislative bodies, courts, law enforcement agencies and representatives of news media. • Correspondence records-Recording all incoming and outgoing executive correspondence and copies of correspondence. • Routing method-Informing appropriate officials of applicable correspondence. All replies to requests for information shall be answered unless some question about the validity of the information or an individual's right of privacy exists. Those requests maybe referred to the Kerr County Attorney. B. Verbal Communication: • News Media Visits-Visits from the news media are permitted and shall be handled directly through the Facility Administrator's office. The Facility Administrator will advise the designee of the Commissioners Court prior to any visit or immediately following their arrival at the facility. The Facility Administrator shall: o Preserve the resident's individual right to privacy o Portray a factual picture of the facility o Ensure that representatives of the news media are aware of and follow security restrictions. • Media Statements-News statements on legislation or governmental policy affecting juvenile corrections or function of the community is the responsibility of the Commissioners Court. The Facility Administrator and other designative staff have authority to comment on daily facility operations. 20 Contact with the Public-Staff contact with the public is expected to be conducted with professionalism. Topics of training shall include; o The Right of Privacy Act o Public Information legislation o Approved telephone procedures o Basic instructions and policies relating to contact with the public Release of Official Information o Individual staff members receiving requests for official information from groups mentioned in this policy statement shall forward all such requests to the Facility Administrator. o All official information and press releases referring to the facility policy, programming, or conditions shall be issued only by the Commissioners Court. Parental Involvement o Notification-Parents will have been informed by the county court of the placement of their child in the KCJF facility. Parents should be notified immediately of serious illness, injury, or other serious incidents if appropriate release of information authorization forms have been completed. o Visiting-Regular visiting hours are established, but special arrangements maybe made with the Facility Administrator approval. Visiting hours are posted in the lobby of the facility. Visiting hours are from 1:00 p.m. to 3:00 p.m. each Saturday and Sunday. Visitors may visit no more than one day per week. o Telephone/Mail-Policies for use of telephone and mail encourage parental involvement. Residents are allowed the minimum of one (1) letter/week and one (1) 10-minute telephone call/week. o Certification of facility-The facility shall have a certification meeting annually, to, which the KCJB and Commissioners Court will attend. Tours, informational programs and access to supervisors and staff shall be made available. No residents shall be present due to confidentiality rules and all resident-identifying information shall be secured. Communication Standards o All public statements should agree with the policies approved by the KCJB and be confined to areas of direct responsibility. o Residents may not be interviewed or photographed for news coverage connected with their delinquency charges. o Residents maybe interviewed or photographed for news coverage of the facility programs, with the signed consent of the resident's parent/guardian, the resident, and the resident's probation officer. Tours-In accordance with the established policy, the following specific procedures are required for tours; o The Facility Administrator shall give prior approval o A designated staff person will conduct approved tours. 21 o Requests for tours must be in writing, including a specific date and time, listing the first and last name of all participants, and stating the reason for the request. o Tours will be limited to a schedule that provides the least interference to the operations of the facility. o Tours will exclude any one under the age of 18 unless the tour is for educational purposes. Community Education-Staff of the facility shall participate in informational programs for the general public to improve the community's understanding of the mission, goals, and programs of secure residential care, to provide a channel of community input, to recruit volunteers, and to develop community support. 22 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION:3 Subchapter B: Treatment. and Safety Standard: 'I'.-YC" §343.3(a) Subject: Serious Incidents Policy: The Kerr County Juvenile Facility Administrator or his/her designee shall report to TJPC within 24 hours the death, attempted suicide, escape and any serious injury, including youth on youth assaults, that require medical treatment by a physician or physician assistant. §343.3(a) Procedure: If a serious incident occurs within the facility or during an authorized transport, the incident will be reported following these procedures: 1. JDO or staff will notify the Shift Supervisor immediately. 2. Shift Supervisor will gather information regarding the incident. 3. Shift Supervisor will notify the Facility Administrator. 4. The Facility Administrator or designee will notify TJPC, the resident's probation officer, and the Kerr County Sheriffs Dept. within 24 hours of the incident via telephone, fax or e-mail. All phone calls shall be documented with number called, person reported to, date and time. 5. An internal investigation of the incident will be conducted and a written report along with conclusions of the investigation will be forwarded to TJPC via fax or a-mail, the resident's probation officer, and the Kerr County Sheriffs Dept. The fax number for reporting serious incidents to TJPC is (512) 424-6716. The e-mail address for reporting serious incidents to TJPC is www.tjnc.state.tx.us. Reporting serious incidents maybe reported bye-mail to the following addresses: 1. Kevin.DuBose~~~tjnastate.tx.us 2. Lesly.Jacobs(a?tjnastate.tx.us 3. Carrick.Walkerna,tjno.state.tx.us General inquiries maybe made by contacting a TJPC investigator at one of the following numbers: 23 1. Kevin Dubose (512) 424-6687 2. Lesly Jacobs (512)424-6680 3. Carrick Walker (512) 424-6744 4. The telephone number for reporting serious incidents to the Kerr County Sheriff's Dept. is (830) 896-1133. The fax number for sending serious incident reports to the Kerr County Sheriff's Dept. is: (830) 257-2997 24 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION:3 Subchapter S; 'Creatrnent and Safety Standard: 'T.IPC~~'343.3(bl(t}(?)(31(c)tll(2)(31(4l(5)(d)(l)(2)(3)(c) §343.12(jl Subject: Resident Abuse, Neglect and Exploitation Reporting Abuse, Neglect and Exploitation Policy: Kerr County Juvenile Facility expressly prohibits abuse, neglect and exploitation of any resident. The facility takes all reasonable precautions to protect all residents from abuse, neglect, and exploitation while at the facility. KCJF and its staff shall follow written procedures regarding resident abuse, neglect and exploitation to ensure maximum protection and to comply with all applicable laws and regulations regarding resident abuse, neglect and exploitation. KCJF staff, volunteers, and interns shall cooperate with TJPC, sheriff s department personnel and al] other certified law enforcement during an alleged abuse, neglect, and exploitation investigation. §343.3(c)(2) Procedure: §343.3(b)(1) All allegations and/or incidents of abuse, neglect and exploitation occurring at KCJF shall be reported to TJPC, Child Protective Services (CPS) (Texas Dept. of Protective & Regulatory Services DPRS, Kerr County Sheriffls Dept., and the resident's probation officer by the person who first learns of or suspects that a resident has been abuse, neglected or exploited. The duty to report is not limited to situations in which a resident makes a specific outcry or allegation of abuse, neglect or exploitation. Any employee, volunteer, teachers or staff who believes or suspects that a resident has been abused, neglected or exploited shall make a report to the above listed entities within 24 hours of incident. §343.3(b)(3) If a resident makes an outcry or allegation of abuse, neglect or exploitation either verbally or written, in reference to themselves, an elderly person, or a disabled person, regarding an incident that occurred prior to the resident's arrival at KCJF that was outside the jurisdiction of the Kerr County Juvenile Board (e.g., in the home, in a facility licensed by another agency or in a school other than a JJAEP, etc.) the person who first learned of the outcry or allegation must report the incident to only Child Protective Services (CPS) (DPRS) and the resident's probation officer. During this reporting procedure, the reporting person must have the following resident's information: §343.3(b)(2) 1. Date of birth 5. Name of perpetrator (if known) 2. Social security number 3. home address 4. parent/guardian name 25 Alleged incidents in programs or locations that are not under the jurisdiction of the juvenile board shall be reported accordingly to the appropriate agency: 1.Allegations of abuse, neglect and exploitation that occur in the home: a. Texas Department of Protective and Regulatory Services ^ Child Protective Services-1-800-252-5400 www. tdprs. state.tx. us 2.Allegations that occur in a substance abuse treatment facility: b. Department of State Health Services ^ Department of State Health Services-1-800-832-9623 www.DSHS.state.tx.us 3.Allegations that occur in a facility housing residents of the Texas Department of Mental Health and Mental Retardation: c.Texas Department of Health ^ Department of State Health Services-1-888-973-0022 www.tdh.state.tx.us Al] facility employees, volunteers, and teaches will be trained in abuse, neglect and exploitation recognition and reporting procedures. It is not necessary for a resident to make an allegation in writing or verbally to constitute a reportable allegation. If a facility employee, volunteer, or teacher observes an incident that in their opinion maybe abusive, neglectful or exploitive the incident shall be reported to the above listed entities. The responsibility to report extends to what the prospective reporter observes, and/or discerns from reviewing written documentation. If a prospective reporter suspects that there is abuse, neglect or exploitation of a resident in the facility, he/she or she/she is obligated to report their suspicions, even in the absence of an overt allegation. It is not the responsibility of the reporter to determine if an allegation or suspicion is factual prior to reporting. )n accordance with the Texas Family Code Section §261.101, the duty to report cannot be delegated to another person. A supervisor cannot report the incident or allegation for the person who first learned of the allegation or witnessed the specific incident. Ken County Juvenile Facility procedure requires that the person reporting the incident or allegation must also complete all written reports and foams required for the reporting entities. The following procedures will be followed by the reporting person if the allegation of abuse, neglect or exploitation occurred within KCJF: (note dates and times of telephone calls) These calls must be made within 24 hours of notification of the alleged or observed abuse, neglect or exploitation, al] phone calls shall be documented as to date time and person spoke to. §343.3(b)(3) Telephone CPS Hotline-1800-252-5400 Telephone TJPC ANE Hotline-1800-Stop ANE (786-7263) o TJPC investigators: The following information must be included in the report or voicemail message. a. Name of the alleged victim(s) b. Name of the alleged perpetrator(s) 26 c. Date the alleged abuse, neglect or exploitation occurred d. Type of allegation e. Reporter's name and phone number £ Name: Kerr County Juvenile Facility, Ken County as place of alleged incident Kevin Dubose (512)424-6687 Lesly Jacobs (512) 424-6680 Carrick Walker (512) 424-6744 (512) 424-6712 Kerr County Sheriff sDepartment-(830) 896-1133 • Resident(s) probation officer(s) who is the resident's consenter • Inform the shift supervisor that all telephone calls have been made and the name of the alleged perpetrator(s). Shift supervisor will then place the alleged perpetrator(s) on leave with pay pending the conclusion of the investigation. §343.3(c)(3) • The shift supervisor will notify the Facility Administrator. • The reporting person shall complete the serious incident reporting form and fax the report within 24 hours of verbally reporting the alleged incident of abuse, neglect or exploitation to the following entities: o TJPC (512) 424-6716 o Kerr County Sheriff s Dept. (830) 896-1133 o Resident(s) probation officer(s) Copies of the reports are to be given to the Facility Administrator or designee The Facility Administrator or designee shall conduct an internal investigation using the TJPC ANE 06-04 reporting form. §343.3(c)(1) ff the Facility Administrator is the alleged perpetrator, the investigation will be conducted by an impartial third party (a designee of the Commissioners Court). The Facility Administrator will be placed on administrative leave with pay until the conclusion of the investigation. §343.3(d)(1) The Commissioners Court shall assign a designee to fulfill the administrative duties of the facility. §343.3(d)(2) The employment status of the Facility Administrator during and after the investigation will be stated in the internal investigation. Commissioners Court or designee shall submit a copy of the internal investigation to TJPC within 5 calendar days after the investigation completion. §343.3(d)(3) The Commissioners Court being the operator of the facility cannot designate the Chief Juvenile Probation Officer to assume the duties of the facility administrator places on suspension with pay during the internal investigation. §343.3(e) The report will be submitted by fax, mail, or email within five (5) calendar days of the completion of the internal investigation. This report shall have the following completed seventeen (17) points of information: §343.3(c)(5) • Facility name ^ Alleged victim(s) 27 ^ Alleged perpetrator(s) and employment status during the investigation ^ Date allegation was reported to TJPC • Date of alleged incident ^ Date allegation was reported to the Kerr County Sheriff s Dept. ^ First person who learned of or suspected allegation and the date ^ Dates internal investigation was initiated and completed ^ Brief summary of allegation • Applicable policy(s) and procedure(s) ^ Summary of investigation • Finding of investigation ^ Code of Ethics violation(s) refer to TJPC standard §343.17 ^ Personnel action (e.g., termination, suspension, disciplinary action(s), return to duty, etc.) • Attached pertinent documentation (e.g., written statements, offense reports, etc.) ^ Date the internal investigation report was completed ^ Signature of the person who completed the internal investigation report TJPC mailing address is: Texas Juvenile Probation Commission Attn: Abuse, Neglect, & Exploitation Investigation Unit P.O. Box 13547 Austin, Texas 787 1 1-3 547 At the conclusion of an internal investigation, the Facility Administrator or designee shall conduct additional training on ANE within 30 days of the investigation conclusion. §343.3(c)(4) The Policy and Procedures maybe reviewed and or revised. The Facility Administrator will provide the most stringent safety and security measures in order to protect the residents from abuse, neglect, or exploitation. The Facility Administrator will take action to prevent or stop the abuse, neglect, or exploitation and provide immediate care. Copies of all internal investigations and documentation will be kept in a single, segregated file. All confirmed alleged perpetrators who are staff members at KCJF will be immediately terminated from employment and legal charges filed as appropriate. The Facility Administrator shall ensure proper training in recognizing and reporting abuse, neglect, and exploitation for every new employee, intern, volunteer, and teachers at the facility. Follow up training will occur during each calendar year regarding any new data, which might be brought forth by TJPC. It is understood that the Facility Administrator might be named as an alleged perpetrator of ANE during an investigation if proper training in ANE is not documented for each employee, intern, volunteer, and teachers of the facility. Malicious and/or false reporting of abuse, neglect, and exploitation is a Class A misdemeanor. 28 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION:4 Subchapter B: Data Collection Standard: 'I'.1PC §343.4 §343.12(g} Subject: Data Collection Policy: Information will be compiled pertaining to the residents. This information will indicate on an annual basis, the total admissions and other statistical data. Procedure: Information will be gathered and completed on an annual basis that will indicate the following data: §343.4 • Total number of admissions • Total days of care provided ^ Residents' age ^ Residents' gender ^ Residents' race ^ Referring/committing offense of residents • Length of stay ^ Average cost per resident per day ^ Total number of physical restraints applied ^ Total number of mechanical restraints applied • Total number of room confinements ^ Total number of resident related injuries to JDO staff ^ Total number of incidents where chemical agents were applied ^ Total number of confirmed incidents of abuse, neglect, or exploitation of residents The Facility Administrator will evaluate the overall operations of the facility quarterly. Policies and Procedures will be reviewed and revised as needed. The Facility Administrator will review research proposals, which conform to departmental policy. Residents may voluntarily participate in approved research programs. Medical, pharmacological and cosmetic programs are forbidden. §343.12(g) 29 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTIONS Subchapter B: l'hpsical Plant Standard: KCJF Subject: Inventory Control Policy: Accountability for all facility property and supplies shall be provided through the use of regular inventories. The Facility Administrator shall systematically review space and equipment requirements annually and report deficiencies and suggestions to the Commissioners Court. Procedure: 1. Inventory: Al] facility property shall be divided into appropriate categories and inventoried. a. Storerooms shall be inventoried on the last day of each calendar month by maintenance. This process shall be simplified by using apre-formatted check off list. This list information contains the item on hand, items received, and items issued or used. Typically, storeroom items include: Food supplies Cleaning supplies Standard items used by maintenance, such as plumbing and carpentry supplies, tools and similar items b. Minor equipment and furnishings, with values of at least $200.00 but less than $1000.00, shall be inventoried at least annually. Equipment records, listing the location of al] such property, are maintained in the administration area. Assigned supervisors shall have duplicate records of all property they use on a regular basis. Records shall include: ^ Description • Location • Inventory number c. Equipment with current values of $1000.00 or more shall be inventoried by the Facility Administrator's office at least annually. Records of this property shall be maintained in the Maintenance Director's office. Information listed in section b as 30 well as the following information shall be included in the inventory; All major equipment that is permanently installed having a value of $1000.00 or more. Typically, major fixed equipment includes; o Air conditioner compressors o Hot water heaters o Commercial kitchen equipment o Dining room serving tables d. Major property shall include buildings, facility, and land. Records and descriptions of this property shall be maintained in the Maintenance Department. 2. Inventor~Discrepancy: When a discrepancy is noted, a written report shall be completed and forwarded to the Facility Administrator for review and initiation of appropriate action. Typically, this shall include: A listing of items not located Any deviation from the facility policy regarding inventory control. 3. Property Disposal: When an item is no longer needed in a particular section or is determined damaged beyond repair, a written report shall be submitted to the Facility Administrator for appropriate action. The item will be removed from the inventory list and the replacement item will be noted. 31 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 5 Subchapter B: PhF°siral Plant Standard: 1'JI'C` X343.5(a)(c)(d'1(e){I)(A)(t3)(2)(.~-['.)(t1 DSHS §148.1202 §148.1206 Subject: Systems and Safety Plan Policy: The facility shall comply with app]icable federal, state, and local Fire Safety Codes. §343.5(f) All personnel shall be knowledgeable in the use of all fire extinguishers and other fire detection/prevention systems. All personnel continuously inspect and evaluate the fire and life safety conditions within the facility. Where appropriate, the residents shall be educated as to this process as to fire safety generally. Confonnance with codes is demonstrated by licenses, letters and certificates of compliance from fire officials with jurisdiction over the facility. §343.5(e)(1)(A) The Facility Administrator is the named fire safety officer for Kerr County Juvenile Facility. §343.5(e)(1)(B) KCJF physical plant is not located in the same building or on the grounds of an adult correctional facility. Therefore, the standard §343.5(a) requiring the separation of juveniles from adult inmates within sight and sound is not applicable. Procedure: The Facility Administrator or designee shall establish a permanent file of all required evidence of fire inspection certificates. The Facility Administrator or designee shall accompany all fire inspectors on all facility inspections and obtain copies of all reports prepared during all such inspections. To the extent possible, an advance schedule of all inspections shall be maintained and all possible preparation for such inspections shall be undertaken. Security and safety procedures shall be adhered to at all times during such inspections. The Facility Administrator or designee shall maintain ongoing records of said compliance within separate files at the facility. These reports shall include an enumeration of the specific code(s) used during the inspection, any corrective action required, the name and title of person conducting the inspection, and the date(s) of the inspection. Because of the integral relationship between fire detection/prevention and daily staff operations, all staff shall familiarize themselves with the various components of the fire detection/prevention systems throughout the facility as well as the periodic inspections required for same. Refer to Fire Emergency and Evacuation Procedures, herein. The Shift Supervisors and full-time staff shall be trained in the proper use of hand held fire extinguishers and of the facility's fire detection and sprinkler systems. Such training shall be consistent with the Fire Emergency and Evacuation Procedures. 32 The Facility Administrator or designee shall evaluate the effect on any alteration or improvements to the facility prior to commencement. Such alteration may include the installation or application of new flooring materials, new soundproofing materials, or new bedding and the like. Tn the case of an emergency, the following Safety Plan procedures for fire emergency and evacuation shall apply: 1. During business hours 8 a.m.-5 p.m., Monday-Friday, the administrative section staff shall exit via the front entrance door. Facility Administrator shall check and evacuate the intake, visitation, and control area. The Facility Administrator shall ca11911. After business hours, the Shift Supervisor shall clear this area. 2. Control staff shall unlock the emergency evacuation doors permitting all dorms & Annex residents with staff to exit the building out to the recreation yard. Shift supervisor will check the kitchen, dorms, and classrooms for remaining persons. Shift supervisor shall call 911, after business hours, before exiting the building. 3. JDOs shall line their respective dorm residents at parade rest. Dorms will follow these directions; dorm 100-face east, dorm 200-face west, and dorm 300-face south. 4. Radio counts will occur before and after exiting the building. 5. Once all residents and personnel are accounted for and out of the building, the shift supervisor will join the emergency response team for assistance. Once the emergency situation has lapsed, the shift supervisor shall radio JDOs to have their respective done residents re-enter the building in the following order-2,3,4,5 Annex I00, 200, 300 dorms respectively. Residents will return to their dorms and counts will be radioed to the shift supervisor. 6. If the facility cannot be re-occupied, the Facility Administrator shall arrange temporary housing in the Annex building or Main building if the Annex is damaged until further arrangements can be made. 7. The facility fire safety officer shall ensure the following procedures: a.Maintenance of fire drill logs-fire drills shall be conducted on a monthly basis during all shifts b.Proper disposal of combustible refuse by a contract deposition company procured by the Kerr County Maintenance Dept. c.A posted evacuation plan d.All exits are free from obstruction and properly marked §343.5(c) e. Proper storage of cleaning supplies and equipment away from resident accessibility §343.5(d) 8. Fire extinguishers are inspected quarterly and are located on each dorm, kitchen, break room, control area, intake area, and in the van. The fire alarm system is inspected annually as well as the sprinkler system. The fire alarm is loud enough to be heard over normal facility noise. The gas pipe pressure is also tested annually. Al] cleaning supplies and equipment are kept from residents' accessibility. 33 9. The procedures for the use of flammable, toxic, and caustic materials can be found in the Safety and Use manual. §343.5(e)(2)(E) 34 KERB COUNTY JUVENILE FACLITY KERR COUNTY Policy & Procedure SECTIONS Subchapter B: PFrysical ]'last Standard: TJPC §343.5(g}(m)(1)(2)(31(4)(n)(o)(p)(q}{r}(s}(uy §343.45(g)(h}(i) §343A9(a}(l.)(b){I)(2)(3) §343.50(a)(1)(2)(b) Subject: Living Space-Population Policy: The facility holds a letter of occupancy issued by the local fire marshal. Adequate room shall be provided for the various program and service functions conducted within the Facility. The facility will maintain cleanliness and space, furniture, and supplies for all residents. Private interactions maybe conducted in unoccupied classrooms or in visitation room or in the Annex building. Procedure: The following area descriptions apply to the KCJF building and grounds: • Single Occupancy Housing Unit-The facility is designed to house 25 juveniles. §343.5(g) 8 residents/dorm on 3 dorms in the Annex. §343.5(0) Each resident have running hot and cold water with toilet accommodations. §343.49(b)(1)(2) • Outdoor exercise area for residents provides enough space (minimum of 15 sq. ft. for the maximum number of residents expected to use the space at one time, but not less than 1500 sq. ft. of unencumbered space.) to ensure that each resident is offered at least one hour of access daily. The multi-purpose room may also be used for an exercise area. 343.50(b) §148.1205 • The visitation area has sufficient space provided for contact visiting. Visitors shall be screened in the front lobby before entering the visitation area. • School classrooms are designed in conformity with local or state educational requirements. §343.5(m)(4) • There is at least 15 sq. ft. of floor space per person using the dining room/multi- purpose room. There is space for group dining except where security or safety considerations justify otherwise. §343.5(p) • The food preparation area includes a space for food preparation based on population size, type of food preparation, and methods of meal service. Provision is made for adequate storage and loading areas and garbage disposal facilities. To deter the spread of disease, odors, and pests, the facility receives apest-control treatment once/month. §148.1207(j)(k) Toilet and washbasin facilities are available to food service personnel. §148.1201 • The water and sewage system is maintained and connected to the Kerrville city water and sewage systems. 35 • Adequate space is provided for janitorial closets accessible to the living and activity areas. The closets are equipped with a sink, cleaning implements, and a system of ventilation. • Space is provided to store and issue clothing, bedding, cleaning supplies, and other items required for daily operations. This is designated the "storage room." • Space is provided for storing the personal property of residents safely and securely. Residents' personal property is in a locked storage room located in the intake area. §343.5(n) §343.45(h) §148.1205 • Separate space is provided for mechanical and electrical equipment. This area is located next to the control room. All poisonous, toxic, and flammable materials are labeled and stored in a safe manner. §148.12070) • Lockers are provided for storing the approved personal property of staff in a secure area inaccessible to residents. Approved property may include coats, shoes, umbrellas, scarves, and caps, which are worn entering the facility but removed and stored before contact is made with the residents. This area is in the staff break room. §343.5(n) • Sleeping areas in the SOHU consists of single bedrooms with a minimum of 60 sq. ft. of space. §343.49(a)(1) One bed is in each sleeping room. They are approved institutional concrete beds that are affixed to the floor and wall. Clean flame retardant mattresses are supplied to each resident. Residents are given linens, which are washed weekly. §343.45(g) §343.49(b)(3) §148.1205 • Individual counseling occurs either in an unoccupied classroom or in the multi- purpose room or counseling room where a telephone is available. §343.5(m)(3) §148.1205 • Religious services are conducted either in a classroom or in the multi-purpose room when permissible. §343.5(m)(2) • KCJF has a battery back-up system, which provides power in the event a power outage occurs. The alternate source provides power for lights, communication systems, fire alarms, and electric door locks. This power source also provides an alternate means of ventilation. The Annex building has aback-up generator that provides power for lights, communication systems, fire alarms, and electric door locks. §343.5(q)(s) • Power systems will be tested every two (2) weeks and all emergency equipment tested monthly. These tests will be documented. §343.5(r) • All handcuffs, leg chains, and metal detection wands are stored in the locked cabinet in the control room. §343.5(u) • The day room on each SOHU provides a minimum of 35 sq. ft. of space per resident if all residents were in the day room at the same time. Each resident on each SOHU has a chair and space by which to write letters or assignments. §343.50(a)(1)(2) • Pre-adjudicated residents are issued clothing, hygiene products, and linens upon intake. During intake the personal property and medication of a resident is inventoried. Required clothing for dormitory living is inventoried on an individual dorm clothing form. All excess or unauthorized items are placed in a storage box or bag affixed with the resident's name. The box/bag is placed on a shelf in the secure storage room in intake area. An inventory sheet listing items in 36 the box is placed in a notebook located at the shift supervisors' control area. Money and other valuable items are placed in an envelope affixed with the resident's name. These items are included on the personal inventory sheet. The envelope is stored in a secure area. All inventory sheets are signed by intake staff and the resident on the day of intake. When a resident is discharged, the person receiving the resident signs the inventory sheets. Copies are made of the sheets. Copies are given to the receiving person and resident. Original sheets are placed in the resident's permanent file. The receiving person must show a picture ID to verify identification. If the resident is to be released to anyone other than the supervising probation officer, written authorization from the probation officer must be provided prior to discharge. §343.45(1) §343.5(n) 37 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTIONS Subchapter B; Physical Plant Standard: TJYC §343.5{b)(i)(j){1)(2)(A-C)(3)(4}(.5){k) §343.46(a)(b) Subject: Furnishings & Hygiene & Time-Out Room Policy: All residents are provided with adequate facilities and living areas. One resident occupies a bedroom with bathroom facilities. All dorms (SOHU) are centrally heated and cooled with appropriate air circulation and ventilation. §343.5(j)(2)(A-C) §148.1207(a)(c) Residents have access to 35 unencumbered square feet for shared common area. All residents are provided with the articles necessary to maintain acceptable standards of personal hygiene and clothing. Level of Care for residents at KCJF is Levels 4("Moderate & Specialized") and 5("Specialized). Residents of varying ages occupy each dorm. This promotes positive role modeling and leadership. Procedure: Dayrooms: All residents have access to the dayroom or common activity area. This area provides seating to accommodate each resident living on the dorm. This space also includes a television set that is remote controlled by staff. There is sufficient space for residents to write and sit if all residents are in the day area at the same time. This area possesses furnishings to provide the opportunity for interaction outside the residents' bedrooms. A storage unit is located in this area that contains storage for books and other reading materials. Each dorm has two showers by which the residents take scheduled showers. A cinder-block wall provides privacy during showers. Furnishines: All furnishings meet the standazds applicable for the Life Safety Code referring to use of the fire retardant or non-flammable materials. This includes the beds and mattresses. It also includes the chairs located in the day area. Li’htin’: Sufficient lighting exists for all areas of the facility. The Annex building has secure Plexiglas windows within the day area of each dorm. Each SOHU bedroom door in both buildings has a viewing window. Showers, sinks, & toilets: Each dorm (SOHU) provides bathing facilities for residents that comply with minimum requirements of: o One toilet for every resident, one washbasin with hot/cold running water for every resident is accessible to the residents throughout the commonly used areas of the facility. Washbasin provides drinking water for each resident by providing the resident with aone-time use paper-drinking cup. o The building has one shower with hot and cold running water for every 8 residents. 343.5(j)(1) 38 o The toilet fixtures, shower fixtures and units are designed to facilitate cleanliness and sanitation. These are to be kept clean and free of odors at all times. Residents clean the bathrooms and fixtures each morning with approved cleaning solutions. The residents do not have access to the cleaning solutions, only the supervising staff is allowed to apply the cleaning solutions for the residents to clean the bathrooms. o Each facility area, which requires especially sanitary conditions, has washing facilities for both staff and residents. The areas include: ^ Food service ^ Medical office • Administration ^ Day areas (SOHU) Shower safety: The shower units have the following features: o A thermostat controls the temperature, which will not allow the shower water temperature to exceed 110° F or 43°C. o The flooring of the shower units is non-skid. o Handrails are installed in the shower unit area for handicap accessibility. Shaving: All shaving will be done in the presence of a JDO, who is responsible for issuing shaving cream and aone-time use disposable razor from which the blade cannot be removed. All razors are kept in the locked storage room at the control area. Shaving occurs during hygiene activities at the beginning or ending of the day. Shaving may be prohibited based on the threat presented by a particular resident. The following shaving procedures will be followed by each resident and staff: o Staff will radio the shift supervisor for a request of a specific number of razors to be brought to the dorm. When the razors are delivered to the dorm by the shift supervisor, the dorm JDO will place the razors in storage cabinet, out of reach of residents. o All residents will be seated in the day area at this time. The television, and telephone calls will cease during shaving time. Residents are to remain in their seats and quiet. o Staff will call one (1) resident at a time to shave in the presence of the dorm JDO. o When the resident has completed shaving, he/she gives the used razor to the dorm JDO(wearing gloves) who then places the used razor in the plastic sleeve. The dorm JDO then places the used razor back in the storage cabinet. o The next resident is issued a new razor. The shaving procedure resumes. o Upon completion of the shaving procedure, dorm JDO will radio the shift supervisor that the shaving procedure has been completed and indicate the number of used razors to be picked up from the dorm. o The shift supervisor arrives on each dorm and retrieves all used razors and disposes of them in the regulation sharps disposal. o At no time are razors left in the storage cabinet after shaving procedures are complete. The shift supervisors will conduct 39 unannounced storage cabinet inspections. Any materials found posing a safety or security risk will result in staff disciplinary action. The Kerr County Juvenile Facility does have "confinement/securitymoms". The facility programming is such that using room confinement occurs in situations in which a resident poses an immanent threat to themselves or others. Room confinements durations are kept at a minimum when possible. Residents are encouraged to utilize time-out techniques in situations that require a "cooling off' period. Residents may request a time-out or the staff may advise the resident to take atime-out if the situation has a potential of escalating. This procedure teaches the resident to think before he/she reacts. Time-out periods are not to exceed an uninterrupted period of 55 minutes. A JDO is to remain within visual contact of a resident utilizing time-out room at all times. The supervising JDO will note observation times and comments on the observation form in 15 minute staggered intervals. A bedroom or the designated observation room maybe used to impose room confinement. In each case, a toilet, washbasin with running water and a mattress is in the room used for confinement purposes. §343.5(k) 40 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 5 Subchapter B: Physical Plaut Standard: 'TJPC §343.5(1)(t) Subject: Accessibility Policy: Kerr County Juvenile Facility complies with all American Disabilities Act (ADA) stipulations regarding architectural/physical barriers. We perform a self- evaluation of our facility policies in terms of accessibility and change them as necessary. All physical barriers and obstacles have been removed from our physical plant, and when additional barriers or obstacles are found, provisions are made to remove them as soon as possible. Procedure: In the rare case that an accommodation is cost excessive and would cause services to our residents to be jeopardized, then an appropriate referral will be made to a perspective resident in that situation. Any disabled resident(s) residing at KCJF will be housed in bedrooms designed for disabled residents. The design is for their use and provides for their safety and security in accordance with state and federal law. The shower unit available for disabled residents is equipped with an approved bench and rail. §343.5(1) Accessibility to the facility building is provided for possible physically disabled visitors and/or staff accordance with state and federal law. Disabled parking and ramp is located in the front of the building. The building entrance is designed with double doors, which open in such a fashion as to allow for equipment that maybe used by physically disabled visitors or staff. §343.5(t) The facility's governing authority and administrative personnel conducts reviews of our policies and procedures and physical plant regarding disabled accessibility. Changes are conducted as recommended and needed after each review. 41 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 6 Subchapter B: Security and Control Standard: '[':IPC §343.6(a){1-3){A-t:}(4)t5)(c)(Ij(2) Subject: Control of Equipment Policy: To maintain the security and safety of the facility, all equipment, which includes keys, maintenance tools, kitchen tools, and medical equipment will be inventoried on a regular basis and controlled by respective area supervisors. Procedure: The following procedures will be adhered to regarding the control of facility keys: §343.6(a)(2) • The shift supervisor on duty will conduct a daily check of all keys and locks within the facility. A current key inventory is maintained in the control area and in the Facility Administrator's office. The shift supervisor will visually inventory all keys in the key box at each shift change and log the inventory in the shift supervisor logbook. • The Facility Administrator shall store a key for each lock in a locked key safe or cabinet in his/her office. Key hooks in this cabinet are identified numerically. The cabinet numerical listing is maintained secured in the key cabinet itself and a copy in the maintenance director's office and Facility Administrator's office. Both pattern and duplicate keys shall be kept for each lock in the facility. Only duplicate keys are issued for use. The Facility Administrator can only authorize duplication of any key. • All permanently assigned keys shall be signed for by the person to whom they are assigned with the signature of the person issuing the keys and date of issue. This record shall be kept in the Facility Administrator's office. The Facility Administrator signs out these keys. All other work keys will remain in a secured key cabinet. The following persons are approved for permanent issue of keys: o Facility Administrator o Maintenance Director o Administrative Assistant When staff members arrive for work duty, he/she reports to the control area for their dorm assignments. Staff proceeds to the dorms and receive pass-on and keys from the off-duty staff. When the shift is completed, the staff returns the keys to the control area and initials the key return and time of return. The shift supervisor or designee verifies that all keys have been returned prior to releasing the outgoing shift. 42 • JDO staff is not issued a full set of keys or combination of keys that would permit escape from the facility unless the JDO is the acting shift supervisor. • None of the depazting staff at the end of a shift is released from duty until all key rings are accounted for visually. • Only the maintenance director and Facility Administrator have access to the individual key chits not attached to key rings. • The shift supervisor and the administrator on duty are immediately notified in the event a key or key ring cannot be accounted for. Notification includes when the loss was discovered, circumstances surrounding the loss and the identification of the key(s). A written report follows within 24 hrs. of the loss with submission to the shift supervisor and the Facility Administrator or designee. In the event a security key is involved, the resident and staff movement within the facility is suspended to preclude possible escape from the facility. Lost security keys from which impressions possibly could have been made will result in the affected locks being changed. • All staff observe the following key control procedures: o When on duty, staff shall keep facility keys in their immediate physical control at all times. o Residents aze not permitted to handle facility or work keys at any time. o Staff carries and use keys in an inconspicuous manner. o Shift supervisor will count all key rings in the control key box at the end of their 12-hour shift. Count will be recorded in the shift supervisor logbook. o Staff will never identify the key numbers or other type of identifying information in the presence of residents or visitors. o Avoid dropping keys. Never place keys on any surface. Keys are exchanged hand to hand, never tossed or thrown. o Force is never used to operate locks. If a lock does not function correctly or easily, the malfunction immediately reported to the shift supervisor and the maintenance director. o Locks are never repaired by staff or unqualified personnel. Locks are serviced or repaired only by an authorized locksmith or similazly qualified staff member. o Damaged or broken keys are returned to the control area for replacement. The shift supervisor then returns the damaged or broken keys to the maintenance director for appropriate disposal. Duplicate fire and emergency keys are located in the key box, which remains locked at all times. The shift supervisor, Facility Administrator and maintenance director maintain keys that open the control area key box. The fire and emergency keys are cleazly marked for identification by sight. These keys aze issued only in emergency situations. The Facility Administrator or designee shall routinely check all emergency keys with their locks to ensure their proper functioning. 43 Restricted keys are kept in the control area key box. The issue of these keys is restricted to authorize staff only. Restricted keys are: o Nurses' keys o Food service keys o Education department keys o Vehicle keys Unauthorized possession, alteration, marking, duplication or impression making of keys is strictly prohibited. Any such incident is immediately reported to the Facility Administrator or his/her designee verbally and in writing. Offenders will be prosecuted should criminal acts be involved. In non-criminally involved events, those responsible shall be pursued under the employee disciplinary system. Personal keys must be secured in the lockers in the administration staff break room prior to any staff entering the areas routinely used by residents. All personal items, such as purses, briefcases, caps, cell phones, and pagers must be secured out of available contact from residents within the facility. In the event of an employee walkout or strike, the following directives will occur: §343.6(a)(1) • The shift supervisor will immediately notify the Facility Administrator. • The Facility Administrator will converge at the facility for coverage and care of the residents. • The Facility Administrator will call all part-time employees to the facility for ratio coverage and care. • The Facility Administrator will notify the Kerr County Juvenile Chief Probation Officer who will assist via his/her personnel. • Care of residents will continue without interruption until proper personnel can be employed and trained. In the event of a riot, rebellion, escape, or other situation requiring assistance from the Kerr County Sheriff's Dept. or state law enforcement agency, the following procedures will be followed: §343.6(a)(5) • If a group of residents become involved in a major disruption, staff should immediately exit the dorm or area but remain where residents can be observed and radio the shift supervisor of the situation. • The shift supervisor will assess the situation, gather assistance From other dorms if possible, notify the Facility Administrator and call the Kerr County Sheriff's Dept. for assistance if warranted. • All residents involved in the major disruption will receive disciplinary action, which may include formal legal charges filed against them. All written reports regazding the incident will be place in each resident(s) respective file. 343.6(c)(1)(2) The county maintenance department will inventory all tools on a monthly basis and a copy of the inventory will be submitted to the Facility Administrator. Tools used during 44 the day will be returned to the maintenance workroom before the end of the maintenance director's workday or staff shift. All tool storage areas/containers shall be clearly labeled as to the contents. The maintenance workroom will remain locked at all times. At no time will residents be allowed to access the maintenance workroom. The only "tools" residents will be allowed to work with are brooms, mops, and dust rags. At no time during work duty will the maintenance personnel or staff lay a tool down or leave a tool in close proximity of residents. In the case of a missing tool, all resident and staff movement will cease while afacility-wide search is conducted and the missing tool is recovered. If the missing tool/equipment is not found, an incident report must be written within 24-hours of the incident and given to the Facility Administrator. The inventory will be adjusted accordingly. §343.6(a)(3)(A) The Health service coordinator will inventory all medical equipment on a monthly basis and a copy of the inventory will be submitted to the Assistant Facility Administrator. All medical equipment will remain in the medical office at all times. A JDO or the shift supervisor will escort residents in response to sick call with the facility RN where medical equipment may or may not be required for treatment. In the case of a medical emergency where a resident cannot go to the medical office, the Health service coordinator,ltN, or shift supervisor may have to take medical equipment to the resident. Once the medical emergency has ceased, the medical equipment used will be returned to the medical office. If any medical equipment is missing, afacility-wide search will be conducted. If the missing tool/equipment is not found, an incident report must be written within 24-hours of the incident and given to the Facility Administrator. The inventory will be adjusted accordingly. §343.6(a)(3)(B) All kitchen knives and other kitchen tools with sharp and a potentially cutting edge, are restricted from use by residents. All knives are kept in a small toolbox, which remains locked at all times. Knives are inventoried visually at the end of each meal preparation. Basic inventory of kitchen equipment/tools is conducted on a monthly basis and a copy of the inventory is given to the Facility Administrator. In the event of a missing knife, all movement of residents and staff will cease while afacility-wide search is conducted. If the missing knife is not recovered after the search, an incident report will be written and given to the Facility Administrator within 24-hours of the incident. §343.6(a)(3)(C) Firearms within the facility are strictly prohibited. All law enforcement officials entering the facility with a firearm and/or chemical agents will be instructed to remove said items and return them to their vehicle or gun lock-box. §343.6(a)(4) In the event of a riot, rebellion, taking of hostages, escapes, and/or serious assaults, or other emergency situations in which law enforcement officers must be present, firearms are permitted within the facility. In one or all of the above mentioned scenarios, incident reports are to be written within 24 hours of the incident on each resident involved and placed in their respective files. Signs shall be posted on the front windows of the main entrance of the facility stating the prohibition of firearms within the facility. All visitors to be escorted to the visitation area will submit to a metal detection procedure to detect any weapons on their person. 45 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 6 Subchapter B: Security and Control Standard: T.IPC §343.6{h}{1-5) Subject: Searches Policy: The control of weapons and contraband is essential to the order and security of the facility. The security of the facility will not be maintained through random, indiscriminate searches of residents. Searches will occur only when there is sufficient reason to believe that the security of the facility is endangered or that contraband is present in the facility with a witness present for all resident searches. In the event of sufficient or probable cause for searching the possessions and resident(s) rooms the methodology of the search will adhere to the following procedure. The rights of the resident will be preserved. Procedure: The purposes of a search are • To prevent the introduction of weapons or other dangerous contraband into the facility • To detect the manufacture of weapons, escape devices, or other harmful instruments within the facility. • To discover and suppress "trafficking" between staff and residents. • To check or eliminate malicious waste of facility property. • To discover hazards to Health or safety that may go undetected or unnoticed during a more routine inspection. • To protect the Health, safety, and security of the residents. The search of residents by JDOs and/or shift supervisors requires a humane attitude and expertise. It is the expectation of the facility administration that searches be carried out so as to preserve the dignity of the individual as much as possible. The resident to be searched shall be informed quietly and directly of the necessity of a search. The resident shall not be touched any more than is necessary to conduct a comprehensive search. The staff involved will demonstrate professional attitudes and behavior before, during and after the search is performed. The results of the SOHU searches and resident personal property searches will be documented on incident report forms and will be filed in a central file. Frisk searches will be documented on incident report forms if contraband is found on a resident and this will be filed in the resident's personal file. The following procedures will be followed for the various types of searches. 46 Searches: §343.6(b)(3) • Searches are performed upon admission to the facility. • Members of the same gender as the resident will perform the search. • The search is performed in an azea, which ensures the privacy and dignity of the resident. • In conducting the search: o The resident is allowed to go into a private area, (i.e., bathroom, intake shower azea, observation room with the door partially ajar and the resident allowed privacy. o The resident is instructed to remove all clothing and move away from the azea of the articles and cover with a towel or another appropriate clothing garment. o The staff does not touch the resident. o The resident is instructed to run his/her hands through his/her hair. o The staff may require that the resident shower to ensure that no contraband is hidden under male genitals. o If there are any bandages, the staff will gently "pat search" the azea. o The staff shall search the clothing carefully and thoroughly, returning the clothing to the resident as quickly as possible. o In the event that a shower is utilized, then the staff requires that the resident cover with a towel and stand outside the shower facility while staff carefully search for contraband. Bod~ty Search: • Oral cavity searches are conduced by the JDO administering medication to ensure medication has been properly swallowed or if contraband is suspected to be hidden in the mouth. §343.6(b)(2) • In the event that circumstances require an anal cavity seazch, then the supervising probation officer is notified and written permission is obtain from the probation officer to transport the resident to a licensed physician for the search. §343.6(b)(4)(5) Frisk Search: §343.6(b)(1) • A frisk and/or pat seazch will be done when a resident is returning from the dorm to education area, education area to the dorm, from the multi- purposeroom to the dorm, from outside recreation to the dorm, and from visitation to the dorm. The resident should not be touched any more than is necessary to conduct a comprehensive search. Staff and witness shall be of same gender as resident(s) being searched. Using sensitivity, the staff should: o Inform the resident of the search. o Instruct the resident to place his/her feet apart, arms aside and lifted upwards, facing the staff. o Check the resident's hair, ears, nose, mouth, and under the tongue. o Have the resident turn around with his/her back to the staff and check his/her collar shoulders and underarms. 47 o Have the resident turn their pants' pockets to the outside of the pants. o Tuck the thumb in the waistband area and starting from the front zipper, slide it all the way around the waist. o Check outside of the legs to ankle and inside to the groin. o Check shoes completely. o Shoes and socks aze to be removed and checked when returning from the outside recreation area. Dorm (SOHUI Searches • The shift supervisor and/or a JDO on an unannounced and irregular schedule shall perform searches of the dorm. The intent of the search is to discover contraband, prevent escapes, maintain sanitary standards, and eliminate fire and safety hazazds. The following is required to occur when seazching residents' living azea. o A resident witness shall be present at the time of the search. o Living area searches are conducted methodically. The JDO should search in an organized pattern. The JDO should probe holes and tears in mattresses and pillows. Tiles, concrete holes, cracks in floor, loose tiles or baseboard covers should be searched. All light fixtures, cabinets/contents, sinks, toilets, personal items or books in the rooms should be checked. o The room should be left in good order and never in disorder. The personal property of residents should be respected and should never willfully be discarded, broken, or misplaced. o All personal property and clothing shall be carefully searched for contraband. o Each room shall be carefully searched and the properties of the previous occupant removed prior to being occupied by a new resident. o A written report regarding the seazch results will be submitted to the Facility Administrator or designee. General Area Seazch • A general azea search is made by the shift supervisor. These searches are completed as necessary and preferably with the knowledge and consent of the Facility Administrator. Upon completion of the search a written report is generated and filed with the Facility Administrator or designee detailing the scope of the search, the results and a listing of all contraband found and location the contraband was discovered. Visiting Area Search: • Immediately before and after visiting hours (or immediately before or after special visitations/performances/use of visitation area), the shift supervisor or designee shall conduct a thorough check for contraband in all areas of 48 visitation. Residents shall not be permitted in visitation until after the search has been completed. All residents must be frisked at the conclusion of the visit. Perimeter Searches: • Areas outside the facility such as the parking areas, delivery areas, intake area, trash receptacles, sidewalks, and landscaping must also be searched by the shift supervisor or designee for possible contraband delivered to residents. Perimeter searches are conducted prior to residents exiting to the outside recreation area. Supplies: All supplies and hygiene items that meet the approved item list are immediately given to the shift supervisor in the control area. These items must be inspected prior to their being issued to the resident. Use ofNon-intensive Sensors: • The use ofnon-intensive sensors such as metal detectors or other scanning devices shall be used instead of body searches whenever possible. Disposition of Contraband: • All contraband acquired during searches shall be confiscated and turned over to the shift supervisor or their designee. A report must be written describing the contraband, starting when and where it was found. This report is given to the shift supervisor or designee for reading, initialing and dating the report and then forwarded to the Facility Administrator. The Facility Administrator will either dispose of the contraband or forward it to the proper authority for appropriate action. JDOs identifying residents possessing contraband will submit an incident report for review by the shift supervisor and placement of the incident report and assigned disciplinary consequences in the resident's file. 49 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 6 Subchapter B: Security and Control Standard: TdPC' §343.6(d}(1)(2} Subject: Perimeter and Control Area Security Policy: All security perimeter entrances and designated doors shall be kept locked except when used for the admission or exit of staff, residents, visitors, and emergencies. Pedestrians and vehicles shall enter and leave at designated points in the perimeter. The facility's perimeter is designed to keep residents within the perimeter fence and building walls and to prevent access by the general public without proper authorization. 343.6(d)(1) Procedure: The front entrance is the major pedestrian traffic point for entrance or exit from the facility. Staff assigned to monitor this area will identify all persons entering or leaving the facility by picture identification and/or authorization by the Facility Administrator. The admission and departure information includes a complete record of all the visitors entering and leaving the facility via sign-in sheets, a complete record of all residents leaving and returning to the facility under authorization via control area logbook, and name, identification, nature of business, arrival and departure times and a brief notation of any unusual circumstance surrounding the visit via the control area logbook. The shift supervisor shall ensure that the security doors are kept locked at all times. Authorized persons entering or exiting through a security door must be sure it is locked when leaving. Unoccupied areas and storage rooms are to be kept locked. Only authorized persons are admitted through the security doors. Barring an emergency, at no time shall law enforcement officers be in possession of firearms or other weapons including nightsticks, while inside the confines of the facility. Officers must place their weapons in their vehicle. Staff is to routinely check all closed doors as they walk past. All shift supervisors, JDOs, administration personnel, and maintenance personnel must ensure that all doors, windows, locking devices and equipment are used correctly and are in good working condition. Perimeter Security: §343.6(d)(2) • Prior to taking the residents outside of the dorm area, a JDO shall make securities check of the outdoor area including the fence which must be checked for contraband. • The JDO contacts the shift supervisor for clearance to depart the dorm for recreation/activity. The movement occurs only with such clearance. 50 • When the residents are in the outside area, there will be appropriate supervision (minimum staff to resident ratio) as designated by the posted schedule that is routinely reviewed and approved by the shift supervisors. • JDOs will place themselves in strategic locations around the designated recreation area. • Residents will not purposely touch, hang on to or loiter at the fence area. Residents will remain no less than 3 ft. away from the perimeter fence at al] times. Residents will not converse verbally or with gestures with people outside the fence. • Outside restrictions are imposed at the discretion of the shift supervisor. • When residents are returned to their dorm, designated staff shall remain between the fence and residents. Control Area Securi • A shift supervisor shall be assigned to the facility 24-hours/7 days/week. A JDO/Contol operator person will man the control pane124 hours/7days/week. • No unauthorized persons shall be permitted inside the facility or at the control area at any time. • Residents are prohibited from being in the control area. Residents being escorted to the medical office, escorted to the front area for transport, or returning from a transport shall not be allowed to stand behind the control area desk. • Residents must remain at parade-rest posture while passing through the control area. • The shift supervisor will keep the control area clear from clutter and other obstructing paraphernalia so as to maintain a secure environment by which information maybe retrieved as well as needed equipment. • The shift supervisor will monitor resident movement via security camera monitor on a frequent basis while in the control area. • The shift supervisor will maintain the information bulletin board, staff shift duty board, and transportation board with updated information at all times. • The shift supervisor will ensure the locking of the key box and fire alarm system panel. • The shift supervisor will maintain an updated list of all staff telephone, pager, and/or cell numbers. • The control staff will operate the telephone equipment during evening hours and weekends and direct all calls appropriately. • The shift supervisor will notify the Administrator on Duty of any trouble signals from any of the monitoring systems. • The shift supervisor will maintain frequent radio contact with all JDOs on duty. • The shift supervisor will make sure staff do not congregate at the control area for general conversations. 51 52 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 6 Subchapter B; Security and Control Standard: 'l'JPC ~3d3.6(e)(1-3) Subject: Resident Supervision and Movement/Confinement Policy: To ensure the safety of the residents and the public, residents will never be left unattended in any area inside or outside the facility. Intensive staff supervision of the ratio 1:8 daytime/evening hours and 1:12 sleeping hours is intended to reduce reliance on security hardware and to promote a positive relationship between staff and residents as the primary means of control. Procedure: The JDOs should be aware of the location of all residents at all times. The JDO should not leave his/her area of responsibility without first informing the shift supervisor or designee. JDOs should know the exact number of residents assigned to their dorm and be able to recognize them on sight. If a resident leaves the facility for any reason, this fact must be communicated to all appropriate staff prior to the departure of the resident from the facility. The JDO must complete and document head counts every hour to provide for the earliest detection of an absent juvenile. In moving residents from one area of the facility to another and from one jurisdiction to another, all residents will form a single line and head count is completed prior to the move from one area to another. If only one JDO is present, that JDO should be located at the back of the line with no youth behind him. The designated JDO will contact the shift supervisor for permission/clearance to move the group. The group will not move until the shift supervisor clears the movement. The shift supervisor will note the time and destination of the clearance request. Ahead count is conducted when the group arrives at the designated area. Group movement will be explained to residents prior to departing outdoors. Residents are to remain with the group at all times. They are to participate in their assigned activities and/or sit in their assigned locations. Residents are never to approach the perimeter fence and refrain from contacting persons who maybe outside the fence. The JDO will monitor the group at all times and maintain radio contact with the shift supervisor as to the status of the group. Staff is trained to demonstrate special aptitude in crisis intervention techniques. They must be able to recognize the early signals of a crisis and use non-manipulative techniques to forestall dangerous behavior. JDOs are to position themselves on the dorms in such a fashion so they may he/sheaz and see potential crisis so they may respond quickly to the situation. Staff is not to allow other residents to control, monitor, or discipline other residents. 53 In the event that a resident must be placed in protective and/or disciplinary confinement resulting from threats by the dorm group, to prevent self-harm, and/or behavior modification the resident will be monitored in documented 15-minute staggered checks in an observation room or the resident's individual bedroom with a bed, toilet, and sink access. The Facility Administrator or designee must be notified of the confinement and approve the confinement in writing. §343.6(e)(1-3) These observation sheets will be placed in the residents file. 54 KERB COUNTY JUVENILE FACILITY KERR COUNTY Policy & Procedure SECTION: 6 Subchapter B; Security and t:ontroi Standard: KCJF Subject: Resident Count Policy: To ensure around the clock accountability of residents within the facility, a system to physically count and document the number of residents in the facility will be adhered to at all times. A formal count is taken at the beginning and ending of each shift and reported to the shift supervisor. These formal counts are recorded in the shift supervisor logbook and the dorm logbook. The dorm logbooks are reviewed by the shift supervisor prior to the release of each shift from duty each day. Procedure: The JDOs are primarily responsible for the completion of an accurate count of the residents under his/her supervision. The JDO is responsible for completion of this head count in a variety of settings including: • Dorm • Education • Recreation • Mealtimes • Open areas off facility grounds Residents are aware of and are encouraged to cooperate with the JDO during the counts. Formal counts can be conducted and recorded in the dorm logbook by having the residents count over their left shoulder as they enter and exit a doorway. Informal counts are held at a minimum of 1-hour intervals. Both JDOs and shift supervisors or staff who supervise residents during education, community service, or other activities makes counts randomly. These counts are documented in the donor logbook. These counts are not reported to the shift supervisor unless a resident is discovered missing. The shift supervisors are responsible for ensuring that all edits or reports are completed concerning: • Admissions to facility • Discharges from the facility • Medical appointment off site • Hospitalizations • Dorm assignments and any changes in assignments • Bedroom assignments and any changes in assignments 55 • Any other type of movement that would affect the count for the facility, accountability or security. Every JDO completing resident counts is responsible to verify that residents are physically present. The JDO must maintain constant awareness that the residents may use dummies, pillows, or clothing to pretend that they are present. JDOs must confirm presence through sight of a human body. The night shift, 6 p.m. to 6 a.m., should determine the residents' presence through sufficient use of light to verify the residents' presence. Enough light should be used to avoid deception. Each count is made accurately, promptly and visually. If a count is doubted then the count is immediately redone. When a resident is suspected of or has demonstrated self-destructive behavior, the checks are escalated to every ten (10) minutes up to assigning a JDO to continuously monitor the resident. Any resident who has demonstrated self-destructive tendencies is considered at risk for potential suicide and must receive heightened supervision as described. At least one official count is conducted during each shift. This head count occurs at the end of each shift and is conducted by the incoming JDOs. The outgoing JDOs remain at their posts until the count is completed, verified and the count given to the shift supervisor. Residents are counted simultaneously and at a specific location. All resident movement ceases before the count begins and remains so until the entire facility count is complete and clear. The JDOs radio the official count to the shift supervisor who logs the official count in the control area logbook. The JDOs record the official count in the respective dorm logbooks as well. Residents are to remain in the count area until the shift supervisor radios to the JDOs all clear. If a count discrepancy occurs, the shift supervisor will conduct a physical count of all residents. Once the discrepancy is located, verified, and corrected, the shift supervisor shall note the time and circumstances of the discrepancy in the control area logbook. The shift supervisor will also complete an incident report and submit it to the Facility Administrator or designee for corrective action if warranted. Emergency counts are an official count taken at other than one of the specified formal counts. This head count is called facility-wide in the event that anyone suspects that a resident is missing. A count must be taken to determine who and how many residents are missing from the specified area or the facility. Other times a count must be called for are: • After a major disturbance is under control to determine that no one is hiding or has escaped during the disturbance. • After an emergency drill of any kind. • After an occurrence of a false alarm emergency. • After afire/mechanical emergency, weather or natural disaster, perimeter security fence breach. During these counts, the residents should be returned to their respective dorms where possible, prudent, and feasible. The shift supervisor is responsible for provision of the most up to date count documentation at this head time. All resident movement remains frozen until the count is taken and cleared. 56 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 6 Subchapter B: Security and Control Standard: KCJF Subject: Facility Inspections and Permanent Logs Policy: Regular security inspections and the use of permanent logs are vital to the safe and efficient operation of the facility. JDOs assigned to dorms, shift supervisors and control room personnel shall maintain permanent logs that record routine information, information pertaining to emergency situations, unusual occurrences/incidents and pertinent information about the residents and facility operations. Procedure: The shift supervisor will conduct a shift inspection at every shift change. The Facility Administrator will keep a current file regarding these inspections. The shift supervisor will make a short notation in the control area logbook of the nature of the inspections at the end of their 12-hour shift. JDOs will make notations in their respective dorm logbooks of routine inspections occurring on the dorms. Dorms are inspected on the morning and evening shifts every day at the beginning of each shift by the JDO assigned to the dorm. JDOs assigned to the night shift, 6 p.m. to 6 a.m., shall make a cursory inspection of the dorm noting all fire hazards for reporting during the next shift unless the hazard requires immediate reporting. The Facility Administrator in conjunction with the shift supervisor will initiate immediate action to correct any major hazards of an emergency nature regardless of shift. Visual and physical inspections should include but not limited to: • The inspection of weld around doors, windows, vents, ceiling lines indicating damage or breaks. • Cracked, cut, fractured Plexiglas and/or Plexiglas surface containing a large degree of scamng, • Any debris, such as steel filings, paint chips near doors, windows, electrical outlets, pipe chases, plumbing fittings, showerheads, light fixtures, bed frames, and cabinets. • Discolored or scratched surfaces near pipe chases, and/or electrical outlets. • Missing fixtures, holes, rearranged furniture, and sheets hung over fixtures. • Cluttered or dirty areas of the rooms or dorm. • Blocked exits. • Burned out fire exit signs. 57 • Tools or other inappropriate equipment accessible to residents or creating fire hazards. • Flammables or inhalants unsecured. • Generally dirty/disorganized or smelly conditions including trashcans left uncovered or not emptied. All security devices shall be inspected weekly to ensure proper functioning. 58 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 7 Subchapter B: Rules and Discipline Standard: TJPC §343.7(a}(1-9}(b)(c)(d)(l{A)(B)(2}(A-E) §343.12(b) Subject: Prohibited Sanctions & Resident Responsibilities Policy: The facility must use appropriate behavior management to enforce program rules and protect the Health, safety, welfare, and rights of residents. Specific sanctions by staff are prohibited as an enforcement tool. Consequences are not used for the convenience of the staff to manage behavior of the residents. Residents are informed of the rules upon intake and several times by JDOs until familiar with the rules. Procedure: The following sanctions are prohibited by staff: §343.7(a)(1-9) • Corporal punishment • Humiliating punishment • One resident sanctioning another §343.12(b) • Group punishment for the acts of an individual • Deprivation of food • Deprivation of clothing • Deprivation of sleep • Deprivation of medical services • Physical exercises used for compliance and/or intimidation • Denying communication with families as a means of discipline unless deemed a security or safety risk The reasons for any restrictions resulting from resident behavior shall be explained to the resident when consequences are imposed, and appropriate alternative behavior shall also be described. Enforcement of rules and consequences is documented on an incident report and placed in the resident's file. §343.7(b) If a resident is alleged to have committed a felony or a class A or B misdemeanor while at KCJF, the case shall be referred to the Kerr County Sheriff's Dept. for possible investigation and/or prosecution. §343.7(c) Residents who receive a consequence are required to complete a "structure packet" that corresponds with the hour consequence. (i.e., 8-hour, 16-hour, or 24-hour structure) A structure means that the resident has lost all his/her free time for that specific amount of time stated in the consequence. When a resident is required to complete the packet, he/she is told to do so in the day area of the dorm. The resident completing a structure is not allowed to communicate with his/her peers without permission from the supervising 59 JDO and visa versa. The resident completing his/her structure is under observation of the supervising JDO at all times. The resident is not restricted to his/her bedroom. He/She is free to come to the day area to speak to staff with permission, eat in the multi-purpose room with his/her peers, participate in PT with his/her peers, walk around the recreation yard during recreation time, write letters (after completing the structure packet), and receive mail. Notations aze made in the consequence log and dorm logbook as to the resident's behavior during his/her structure time. If a resident is required to be placed on room restriction/time out for out of control behavior and continuous refusal to comply with facility rules and/or a threat to himself/herself or others, he/she maybe placed on room restriction time out for up to 60 minutes. In 60 minutes, the JDO removes the resident from his room. If the resident continues the negative behavior, another room restriction time out is imposed. If a JDO believes a resident should be placed on room restriction/time out, he/she will inform the shift supervisor. Most room restriction time outs are conducted with the resident's bedroom door unlocked. If the JDO feels the door should be locked, the JDO must monitor the resident and record the observations in staggered intervals not to exceed I S minutes on the observation form. The JDO placing the resident on room restriction/time out must complete an incident report and submit it to the shift supervisor who will forward it to the Facility Administrator. The report will describe the behavior and circumstances surrounding the restriction/time out. §343.7(d)(1)(A)(B) If a resident is required to be placed on room confinement for out of control behavior and continuous refusal to comply with facility rules and/or a threat to himself/herself or others, he/she maybe placed on room confinement for up to 24 hours. If a JDO believes a resident should be placed on room confinement, he/she must ftrst confer the request with the shift supervisor. The shift supervisor then must notify the administrator to obtain permission to place the resident on room confinement. The JDO must monitor the resident and record the observations in staggered intervals not to exceed 15 minutes on the observation form. The JDO placing the resident on room confinement must complete an incident report and submit it to the shift supervisor who will forward it to the Facility Administrator. The report will describe the behavior and circumstances surrounding the confinement. Confining the resident to their room for more than 24 hours must be reauthorized in writing by the Administrator, if necessary, every 24 hours. 60 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 8 Subchapter B: Food Standard: TdPC X343.8(a}(bj(c)(d)(1)(2)(e)(1)(2)(t)(1-4) DSHS §148.1102(a-e)(1-4) Subject: Nutrition and Menus Policy: Kerr County Juvenile Facility provides three (3) meals and one (1) snack a day to all residents residing at the facility. KCJF provides wholesome, well-balanced meals that follow the USDA school breakfast, lunch, and dinner dietary allowances. §343.8(a) Procedure: The facility provides modified diets to residents who require them as determined by a licensed medical professional or due to religious beliefs. Special diets are prepared in consultation with a licensed dietitian. All food is selected, stored, prepared and serviced in a safe, healthy manner. §148.1102(c)(b) Kerr County Juvenile Facility provides at least two (2) hot meals out of the three (3) meals served per day. No more than 14 hours lapse between any two (2) meals. Residents are given 10-15 minutes to eat their meal. Staff will serve package meals or make other arrangements for residents who are scheduled to be away from the facility during mealtime. §343.8(f)(1-4) §148.1102(d)(e) The head cook plans and supervises the daily menus, which contain food variations of balanced nutrition. §343.8(b)(c) On-duty staff eats with the residents. Staff will eat the same food prepared for the residents unless the staff is restricted by special diet requirements dictated by a licensed physician, dentist, and/or for religious beliefs. §343.8(d)(1)(2)(e)(1)(2) Standard daily food ration allowances for each resident are the cornerstones of an adequate food program. The Head Cook (Sheriff Department and or KISD School) shall ensure that each resident is provided foods from the five (5) basic food groups, with a daily allowance from each grouping. Establishment of these allowances in terms of servings per person, per day, shall consider waste incidents in normal preparation. All ration allowances are incidents based on standard retail cuts of meat and fresh produce while all canned foods are included as net weights. Dining room service shall be designed to enhance the attractiveness of the meal and to enable the residents to enjoy meal period to the fullest extent possible. The manner in which the meals are presented influences the entire atmosphere of the facility since meals 61 assure a magnified importance in the daily routine of the resident. The following criteria shall establish minimum standards for meal service: • Holiday and weekend schedules may be developed to provide for a more variable meal schedule to coincide with visiting activities, recreational activities or similar functions. • Multi-purpose room shall be pleasant and attractive. • Good table manners, as well as good eating habits, shall be encouraged. • All foods shall be served at the appropriate temperature to maintain quality, taste appeal and texture. • All residents will be provided appropriate eating utensils. • Mea] service supervision shall ensure dining complies with the facility policy intent. Adequate and firm supervision shalt ensure that meals are served in pleasant surroundings without the slightest degree of favoritism, carelessness or waste. • Serving should be ample to meet the needs of growing residents. Residents should not be allowed to store food in their rooms. • Care should be taken to avoid scheduling group meetings or individual conferences of a potentially emotional nature prior to meal times. • Good eating habits should be encouraged, but residents are not required to eat all of the food served. • Meals should only be served in a resident's room because of illness or dorm restriction for behavioral difficulties. Care should be taken about the types of service utensils used. • JDOs shall supervise residents during meals. • JDOs and staff shall notify the Facility Administrator immediately of any Health or safety code violations observed. • Be operated and serviced in accordance with the manufacturer's Health and safety instructions. • Be equipped with refrigerators, freezers, holding cabinets and serving tables that maintain foods at proper temperatures. • Be equipped with sanitary rodent-proof containers for dry products such as flour and sugar and covers for food stored in refrigerators. 62 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 9 Subchapter B: Ilygiene Standard: TJPC §343.9(a)(1)(2}(b)(c)(1}(2}(d)(e) Subject: Bedding, Clothing, and Housekeeping Policy: Pre-adjudicated residents upon intake are issued facility clothing and hygiene products. Procedure: Upon admission, all clothing and supply items brought to the facility upon intake will be documented on a personal property inventory sheet stored in properly labeled containers. The following procedures will be followed regarding laundry, housekeeping, and resident hygiene: §343.9(b) • All dirty clothing and towels will be laundered each night during the 6 p.m. to 6 a.m. night shift by the supervising JDO. Residents will submit their dirty cloths and towels to staff upon retiring to bed each night. Linens are washed each Saturday and issued back to the residents. §343.9(a)(1)(2) • All residents will put on clean underwear and outerwear each morning. §343.9(c)(1)(2) • All residents will shower, shave, and brush their teeth each morning. All residents will brush their teeth and shave (if applicable) each morning. §343.9(d)(e) • All floors in the education area, dorms, and multi-purpose room will be swept and mopped daily with disinfectant solution. • All furniture in the above listed areas will be dusted each day. • Food is prohibited in the education area and on dorms with the excepting of snacks during scheduled snack time each day. Snacks are only eaten in the day area of each dorm. • All trash is removed from dorms daily. • A contract pest control exterminator will spray facility-wide inside and outside perimeter once per month to reduce pests. • The shift supervisor will remove garbage from the facility and grounds daily. • The shift supervisor, on a daily basis, will clean all floors prohibited from residents. • Residents will clean walls once per month as well as windows. • Restrooms facility-wide will be cleaned daily with disinfectant. 63 KERB COUNTY JUVENILE FACILITY KERR COUNTY Policy & Procedure SECTION: 10 Subchapter B: Health Care Services Standard: TJPC 0343.]0(a)(b)(1)(Z}(c}{d)(i)(2)(e}(1~ Subject: Medication and Health Care Services Policy: Kerr County Juvenile Facility follows all local, state and federal regulations regarding administration of medication to its residents. KCJF utilizes medications only for therapeutic and medical purposes, and medications shall not be utilized in excessive doses. Medications, syringes, and needles shall be accessible only to staff who are authorized to provide medication. KCJF utilizes staff supervision of resident self- administration of medications and the administration of medications by a nurse or trained staff. The facility will acquire a signed medical treatment release from parent, guardian, or conservator upon intake, which will be kept on file in the medical office and in the resident's permanent file. §343.10(e) The facility shall maintain a Health Service Authority (HSA) via contract status who will be responsible for Health care decisions within the facility. The named Health Service Authority is Suzanne Edwards, R1V. §343.10(a) Ms. Edwards works for Dr. Meriwether who has a practice in Kerrville, Texas. The facility Health Service Coordinator (HSC) and acting shift supervisor shall coordinate all medical procedures with the HSA. §343.10(b)(1)(2) All shift supervisors shall receive training in proper medical report filing and organization, proper medication inventory, proper disposal of discontinued and outdated medication, possible common side effects of medications commonly used by residents, medication preparation, and proper storage practices of medication from the HSA. Procedure: §343.10(f) Medications are only accessible to staff that have been trained by the HSA. Staff who has been trained may supervise self-administration of medication by the residents. All prescription and over-the-counter medication, syringes and needles are kept in a locked storage cabinet. Used needles and syringes are placed in a rigid puncture-proof container. All medications, syringes and needles are stored in the original containers under appropriate storage conditions in a neat and orderly fashion. Drugs requiring refrigeration are stored in a locked refrigerator located in the medical office. At no time shall food items be stored in this refrigerator. Topical medications are separated from oral and injectable medications in a labeled box, drawer, comparhnent, or shelf. KCJF staff shall not use undue influence to obtain consent for a resident to take medication. Residents may refuse medication unless a physician orders medication to prevent imminent serious physical harm to the resident or other individuals. Residents may not keep prescription ornon-prescription medication. KCJF ensures that stock prescription medications are stored in the medical office and dispensed by a shift supervisor, HSC or the Facility Administrator. All the above-mentioned staff shall be trained in the dispensing medication and supervising ofself-administration of medication. KCJF 64 ensures that medication is stored in a properly labeled container. If residents are required to take medication with them off site, the medication must be in a prescribed container with a pharmacy label. If the medication is a sample, the medication must have an attached, signed label from the prescribing professional that includes the name of the resident, name of medication, dosage, route and frequency of the prescribed medication, prescribed date, medication expiration date, and initial dosage amount in the container. A copy of this information must be filed in the resident medical file and permanent file. Kerr County Juvenile Facility utilizes an effective system to track and account for all prescription medication. Medication is inventoried an inspected daily to ensure compliance with these medication procedures. This inventory shall include centralized documentation of the following information about each container of prescription medication: • Date the medication entered the facility. • Initial amount of medication. • Amount administered to the resident as recorded on the resident administration record • Amount present at each inventory • Amount present at the time of disposition • Monthly reconciliation between the administration record and the inventory • The HSC conducting the inventory shall sign and date the inventory sheet KCJF shall dispose of medication safely. Two trained staff members or HSA shall witness and document the disposal and method used for disposal of medication. The following medication is separated immediately and destroyed within 30 days: Medication past the expiration date Medication remaining after the prescribed length of therapy Medication prescribed for residents who have left the program Trained staff shall not give prescription medication to a resident without a physician's written order or prescription. Each written order for medication shall include: • The date prescribed • The name and dose of the medication • The frequency and route of administration • The physician's signature The Health Service Coordinator shall administer and discontinue medication exactly as ordered. Staff shall document each dose administered in the resident's record. The medication administration record shall include: • The resident's name • Drug allergies 65 • The name and dose of each medication • The frequency and route of each medication • The date and time of each dose administered or supervised • The signature of the staff person who administered or supervised each dose If a medication error is identified or a resident appears to have an adverse reaction to medication, staff shall: • Notify the HSC who will assess the situation. • The HSC will notify the HSA of the reaction and respond to the HSA's recommendation for treatment. • If the resident requires medical transport, the HSC will arrange transportation to a medical facility in a facility vehicle under the supervision of a facility JDO. • The HSC will notify the medical facility and/or emergency hospital via telephone and advise them of the medical situation and approximate arrival time of the resident. • The Shift Supervisor shall notify the Facility Administrator immediately • The HSC will document the facts and complete an incident report that will be placed in the resident's medical file and permanent file. • The Facility Administrator will contact the HSC for an update and coordinate medical treatment for the resident (if applicable). The following procedures will be conducted regarding the supervising of self- administration of medication by residents: • The HSC will notify pharmacy that will prepare all medication for self- administration by residents. • The prepazed medication will be placed in the locked medical cart for dispersement. • The HSC trained shift supervisor will take the medical cart containing the medication to each dorm. • The shift supervisor will advise all residents to be seated in the day area at 4.0 positions and remain quiet during "medication call". • The shift supervisor will call residents to the medical cart one at a time. • Once the resident has received his/ her medication, which is placed in a small plastic pill cup, the resident takes the medication and swallows the medication with a drink of water. • The resident will return to his/her chair in the day area and remain in 4.0 positions and quiet until all medication has been dispersed on dorm. Each resident will be afforded unimpeded access to health care. The HSA will respond to and monitor resident medical complaints during "sick call". Residents will be referred to a physician when necessary by the HSA. This policy will be communicated orally and in writing to residents on arrival in the facility, and shall be communicated in a language clearly understood by each resident. The facility shall have a central medical office. If 66 the HSA is a female, the HSA must have a male JDO in the medical office while she is retrieving information regarding a resident's medical complaint. The following procedures will be followed regarding sick call: §343.10(c) • The resident will fill out a medical request and give it to their dorm staff. • The dorm JDO will forward the medical request each night to the shift supervisor who will forward the form to the HSA. • The HSA will respond to the request in person and administer medical treatment as needed or required. If the HSA deems the resident should see a physician, the HSA and HCA will coordinate the appointment. §343.10(c) • The medical request form with documented treatment (if any) shall be placed in the resident's medical file and in his permanent file. • Proper and ordered medical treatment will be administered by the HSC, if required, to each resident requesting sick call. • If the Health Service Authority recommends medical confinement as a Health precaution, the following steps will be followed: §343.10(d)(1)(2) o Reasons for confinement will be documented and placed in the resident's medical file and permanent file. o A JDO will be assigned to the confined resident for constant observation. This observation will be logged on the observation form in staggered intervals not to exceed I S minutes. o The HSC will monitor the resident and report all changes to the Health Service Authority. The medical office shall maintain the following equipment: • Blood Pressure cuff and sphygmomanometer • Stethoscope • Scale • Percussion hammer • Refrigerator with a lock • Medical record files with a lock • Thermometer • Posted phone numbers of frequently used physicians, pharmacies, and other Health professionals • First Aid Kit • Comprehensive drug reference manual • Red Sharps container There shall be adequate first-aid kits on each dorm, kitchen area, and vehicle. The HSC will conduct weekly inspections of all facility first-aid kits to ensure proper supply quantities. The HSA or designee, on a monthly basis, shall conduct sick call reviews. The review shall include an examination of the logbook for sick call, a review of referrals made by the HSA to a physician or hospital, and an oral discussion with the HSC who conducted 67 the sick call regarding any needed changes or enhancements to the medical sick call procedures. The HSA will monitor each resident's weight and blood pressure while discussing, in person, each resident's physical and mental well-being. Daily 24-hour coverage seven (7) days a week is available at the facility. Any staff that believes a resident is in need of emergency medical or psychiatric caze shall contact the shift supervisor immediately. The shift supervisor will contact the HSC immediately, or the Facility Administrator if the situation occurs after business hours. Given the information obtained by the shift supervisor, the administrator on duty may request that the resident be transported to a physician or emergency hospital. The following procedures will be followed in a medical emergency: Emergency telephone numbers will be posted on telephones and visible to all staff. These numbers include: §145.707(c) o The Health Service Authority o The Health Service Coordinator o The Administrator on Duty o The local emergency hospitals-Sid Peterson Memorial Hospital o The Kerr County Sheriff's Deparhnent o EMS-on phone o Kerrville Police Dept.-on phone • The shift supervisor will call "911" to request an ambulance to be dispatched to the facility, if warranted. • A JDO will accompany the resident in the ambulance or in the facility vehicle to the hospital and remain with resident until a relief JDO arrives or the resident is returned to the facility. • The shift supervisor or HSC will notify the administrator on duty of the transport completion. • The shift supervisor will notify the resident's counselor. • The Shift Supervisor will notify the resident's probation officer and parent guardian. • The administrator on duty will notify TJPC if the medical emergency resulted from a suicide attempt, restraint, or youth on youth assault. • An incident report will be written by the shift supervisor and placed in the resident's medical file and permanent file. All biohazard spills will be cleaned using the spill kit and according to the instructions found in the spill kit container. Items exposed to blood and other body fluids will be disposed of a medial waste or cleaned with a 10% bleach solution or germicidal disinfectant. All syringes, needles, scalpel blades, and razors shall be placed in the red sharps container after use. Do not RECAP needles unless one-handed method is used. When the red sharps container is full, close the lid and transfer it to the biohazard waste box. Only HSA or designee will be allowed to handle sharps of any kind, unless explicit training is given and written release to handle any sharp by HSA. 68 All disposable items (cotton balls, Band-Aids, bandages, dressings) contaminated with a ]east 100 cc's of blood or body fluid shall be placed in the biohazard waste box for disposal. When the biohazard waste box is approaching full, the HSC will contact the biohazard waste company to remove the box. A receipt for the biohazard waste will be completed and retained by the HSC. The following procedures will apply for body fluid spills: • Body fluid linen and clothing items shall be washed with a solution of/< cup of bleach to each gallon of water. • Staff and residents will weaz rubber gloves when handling suspected body fluid contaminated items. • Hand and arm washing shall occur after each contact with suspected body fluid contaminated items and after wearing gloves. • The HSC, if available, shall assist in the clean up of areas that contain blood or body fluids using a "spill kit". • Contaminated disposable eating utensils shall be placed in red biohazard waste bags. • Staff shall isolate residents for medical reasons, only on direction of a physician via the HSC. • Staff shall watch for suicidal ideation and gestures if warranted from the incident. • Any injury involving broken skin shall be reported to the HSC. • All staff are strongly urged to take the Hep. B vaccination. The Health Service Coordinator, Facility Administrator, all shift supervisors, and all full- time JDOs will receive two (2) hours of training by the Health Service Authority on the dispensing of medication. §343.10(fj The HSC will be familiar with the local pharmacies used to fill and refill prescriptions for the residents. The HSC will contact the pharmacies for all fills and refills of medication one week prior to the resident receiving his last medication. 69 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 10 Subchapter B: Health Care Services Standard: 'fJYC §343.i0{g)(i}(a}{t#){C'1{2)(~4-f)}{3)(,1-I~:) Subject: Suicidal Youth Policy: All residents shall be provided unimpeded access to comprehensive mental health services designed to examine, diagnose and treat as required by the Individual Treatment Plan. Staff is trained in recognizing suicidal behavior at various degrees by a mental health professional. Staff is trained in the policies and procedures when supervising a potential suicidal resident. Training is also provided for facility staff in recognizing mental health illness, mental retardation, and chemical dependency symptoms by a mental health professional. §343.10{g){B) Procedure: Mental Health screening, care and/or referral for care, sick call or requests from the resident's counselor shall begin the process to seek mental health care for the affected resident. Mental Health services shall be performed by a qualified mental Health professional who meets educational and/or licensure/certification specified by their professional disciplines in the State of Texas. The mental health professional will have access to the following information if a more extensive review of a resident's mental stability is warranted. • A review of the initial intake/health screening and MAYSI-2. • A review of the psychological evaluation (if available). • A review of the resident's behavior and information obtained from the family, school, intake staff, probation officer, and other pertinent individuals. • Evaluation of individual interviews and tests to assess intellect and coping capabilities. • A review of the resident's behavior on the dorm, classroom, multi-purpose room, recreation area, etc. Any resident whose condition is beyond the range of services available at the facility shall be medically discharged from the facility and returned to his referring county. The supervising probation officer will be notified of the conditions of the mental health/medical discharge prior to the discharge. Recommendations on care and treatment will be reflected in the release summary and forwarded to the supervising probation officer. Upon intake the shift supervisor/designee shall conduct a health screening and MAYSI- II, which will help to indicate suicide risk. Suicide ideation/attempts history will be noted on the "Resident Information sheet" for the staff review and referral. §343.10(g)(1)(A) 70 Staff will place a resident on suicide alert immediately using one or more of the following indicators for placement, if one or more or noted: Moderate Suicide Risk High Suicide Risk History of suicide ideation History of depression controlled with medication History of suicide attempt(s) in the last year Loss of appetite Sleep disturbance Suddenly withdraws from peers Talks on "dark" subjects Cuts or deliberately scratches self Restless Looses interest in fun activities Talks and/or writes of suicide Easily frustrated History of prolonged and detailed suicide ideation History of suicide attempt(s) in the last 6 months History of depression controlled by medication Loss of appetite Sleep disturbance not corrected with medication Withdrawn over a period of time Looses interest in fun activities Gives possessions away Writes or speaks of a suicide plan Obsessed with "death" topics Cuts or deliberately scratches self to point of bleeding Attempts suicide by other means other than cutting/scratching Trained staff that observe and document potential suicidal behavior in a resident will: • Notify the shift supervisor. • The shift supervisor will notify the facility administrator and the Mental Health professional. • The shift supervisor will notify the supervising probation officer. • The facility administrator will notify the parents/guardians by telephone and/or letter of the circumstances by which their child was placed, removed, and/or re- classified on suicide alert. • Control operators, video and audio observations are prohibited in providing the direct supervision of a resident on suicide alert. §343.10(g)(2)(C)(D) The following procedures will be followed when a resident is placed on moderate suicide risk alert: §343.10(g)(Z)(A) • The resident will be issued a red suicide gown (if necessary). • The resident will sleep in an observation room or on dorm in the day area when staff is on dorm 24 hours, 7 days/week. • The resident will shave only in the direct physical observation of the JDO. • Observations by staff will be made and logged on the observation sheet in staggered intervals not to exceed 10 minutes. Comments on behavior will be noted on the sheet. 71 The mental Health professional will be notified of the suicide alert placement within 48 hours. The mental Health professional will interview the resident, review documentation, and interview the staff. The mental Health professional will make the recommendation to either keep the resident on present suicide alert status for a period of time, upgrade the status to "High Risk" for a period of time, or remove the resident from suicide alert status. If the resident remains on suicide alert status, the mental Health professional will assess the resident at a specified time. The following procedures will be followed if a resident is placed on high suicide risk alert: §343.10(g)(2)(B) • The resident will be issued a red suicide gown for easy observation and identification by all staff. • The resident will be confined to an observation room with an assigned JDO for one-on-one observation. • Observations by staff will be made and logged on the observation sheet in staggered intervals not to exceed 30 minutes. Comments on behavior will be noted on the sheet. • The resident will remain under the continuous, uninterrupted visual contact of an assigned JDO at all times. • The mental health professional will be immediately notified of the suicide alert placement. The mental health professional will interview the resident, review documentation, and interview the staff. §343.10(g)(3)(A) • The mental health professional will make the recommendation to either keep the resident on present suicide alert status for a period of time, remove the resident from suicide alert status, down-grade the suicide alert status, or recommend the transfer of the resident to his placing county probation department. §343.10(g)(3)(C) • If the determination is made that the resident requires mental Health treatment beyond the capabilities of KCJF, the resident's counselor will notify the supervising probation officer of the immediate medical discharge of the resident to the placing county. Recommendations for extensive psychological treatment and/or care will be reflected in the discharge summary. Documentation surrounding suicide alert status will be written on an incident report form and will include: A report will be written when the resident is placed on suicide alert, extended on suicide alert, and removed from suicide alert status. These reports will be written by the shift supervisor. The following documentation will be noted in the shift supervisor logbook as well: §343.10(g)(3)(B) • Date and time of classification and placement on suicide alert • Name of resident on suicide alert • Who classified the resident at moderate or high risk • Description of behavior for classification • JDO assigned for observation or supervising JDO during times of observation 72 • Location of observations • Date and time of re-classification, extended status, or removal from suicide alert • Name of mental health professional assessing resident All assessments, recommendations, and observations by the mental health professional shall be in writing. The mental health professional will include in his/her report the need to re-classify risk level, need for intervention strategies, and the need for additional assessments. This documentation will be placed in the resident's file. §343.10(g)(3)(D) The mental health professional is the only person who may remove or re-classify a resident on suicide alert. The Facility Administrator in each suicide assessment conclusion will adhere to the recommendation of the mental health professional. §343.10(g)(3)(E) If a psychiatric emergency and/or an attempted suicide requiring medical attention occurs after business hours, on weekends, or holidays, the following procedures will be followed: {The same procedures will be followed during regular business hours- administration staff and health service coordinator will be part of the response team) • Staff will notify the shift supervisor immediately. • Shift supervisor will assess the situation and render first aid. • If the situation is beyond first aid treatment, the shift supervisor will call "911" immediately. • The supervising JDO will remove the dorm group from the area. • The shift supervisor will notify the facility administrator immediately. • The JDO will notify the mental health professional. • The shift supervisor will arrange for a JDO to accompany the resident to the emergency hospital. • The facility administrator and the mental health professional will arrive at the emergency hospital. • The facility administrator will notify the resident's probation officer and parent/guardian after the medical status is established at the emergency hospital. • The facility administrator will notify TJPC verbally via telephone/voice mail within 24 hours of the incident. • An internal investigation by the Facility Administrator or designee will be conducted surrounding the suicide attempt or successful suicide and the conclusion and findings of the investigation will be faxed or mailed within five (5) calendar days of the incident to TJPC. • An assigned JDO will remain with the resident at the emergency hospital during the length of stay at the hospital. • Arrangements will be made for the transfer of the resident to his placing county upon release from the hospital. If a successful suicide occurs, the mental health professional and Facility Administrator will review the suicide prevention policy for possible revisions. This review will be documented. The facility administrator will conduct an investigation and submit a written report to the Attorney General's office within 30 days of the suicide. The report will 73 include the circumstances leading up to the day of suicide, staff interview findings, cause of death and conclusion of the facility administrator if the suicide coincided with a case of neglect or abuse. The suicide prevention plan is developed in consultation with a mental health professional. The Facility Administrator and the mental health professional review the plan on an annual basis. Revisions may stem from this review. §343.10(g)(1)(C) The mental health professional will conduct extensive two (2) hours of training for all KCJF staff regarding suicide prevention, assessing suicide risk, suicide risk classification, and attempted suicide response procedures on an annual basis. A mortality review will be conducted in conjunction with each successful suicide. The facility administrator and mental health professional will review the circumstances surrounding the suicide. The historical behavior prior to the suicide and the behavior within close proximity of time of the suicide will be reviewed. Staff will be interviewed to assess the suicide as preventable or unavoidable. Strategies will be reviewed regarding the possible prevention of the suicide and modified if necessary. Modifications and/or revisions to the policy and procedure as well as the review findings will be documented and reviewed during staff training sessions and applied in the policy and procedure manual. All review findings, recommendations, and revisions regarding the suicide prevention plan will be submitted to the juvenile board for review and approval during a special-called juvenile board/commissioners court meeting. 74 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 11 Subchapter B: Cmnmunications Standard: TJPC §343.11(a}(1-41tb)(1)(2)(c}(1)(A-C)(2}(3)(4}(Slih)t~~){[3) Subject: Residents' Use of Mail, Telephone, and Visitation Policy: Kerr County Juvenile Facility believes strongly in the continuous opportunity for residents placed at the facility to maintain positive contact with parents, relatives, and other close relations. Procedure: Visitation: The following procedures will be followed regarding regular and emergency visitation sessions: §343.11(a)(1) • After initial detention hearing, the supervising probation officer will provide the assigned counselor a list of approved people who may visit the resident while he/she is at the facility. This list maybe modified at any time upon the recommendation of the probation officer. • The approved visitation list is maintained in the resident's file, in the dorm notebook, and a copy at the control area. • Visitation rules and times are given to the referring probation officer. §343.11(a)(2) • Visitation occurs on Saturday and Sunday of each week between the hours of 1 p.m. to 3 p.m. Visitors must choose which day they will visit. Visitors may not visit both Saturday and Sunday. • No one under the age of 17 is allowed to visit a resident. No one under the age of 17 is allowed beyond the front entrance door. • All visitors must sign in at the lobby register and state their name and relation to the resident. §343.11(a)(3) • Visitors must provide a picture ID before they are allowed to visit a resident. The identification is referenced to the approved visitation list for the resident. • All visitors will submit to a metal detection wand before entering the visitation area. • Visitors are not allowed to bring food items to residents. • Visitation occurs in the visitation room. Residents are to sit across the table facing the visitors. At no time is physical contact allowed between the visitor and resident. One hug upon the beginning and at the end of the visit maybe permitted. • A JDO is assigned to observe visitation for the full two hours on Saturday and Sunday. 75 • If a visitation session becomes volatile or abusive, the observing JDO is to terminate the visitation immediately. The JDO will radio the shift supervisor to escort the visitors from the building. • In the case of an emergency visitation, the shift supervisor will confer with the facility administrator as to the circumstances for the visit. Documentation will be placed in the resident's file. • The emergency visitation will be arranged during normal business hours of the facility, if possible. • The emergency visitation will occur either on an empty dorm, empty classroom, visitation room, or the multi-purpose room and under the direct supervision of the assigned JDO. • Attorneys and their representatives may visit residents at any time. §343.11(a)(4) • Service providers are accountable for whatever materials, tools, etc., they bring into the facility. The facility staff shall supervise such personnel constantly. The exception to this rule is when such personnel are in a locked area; facility staff then is responsible for letting service providers in and out of that area. Telenhone Calls: The following procedures will be followed regarding telephone calls placed by residents: • After the initial detention hearing the supervising probation officer will provide the juvenile detention center a list of approved people the resident may call on his assigned call night while he/she is at the facility. This list maybe modified at any time upon the recommendation of the probation officer. • The approved call list is maintained in the resident's file, in the dorm notebook, and a copy at the control area. • Pre-adjudicated residents are allowed one free telephone call upon intake. • Residents are allowed to make telephone calls to persons on their approved call list on their assigned night for phone calls. Each resident is informed of his assigned "call night." • The JDO will dial the telephone and wait for the approved person to answer the phone before he/she allows the resident to begin the call. • Each resident has a 5-minute phone call per week after initial detention hearing. §343.11(b)(1) • Residents on structure are allowed one 5-minute phone call per week. §343.11(b)(1) • Dorm JDO must keep vigil regarding telephone conversations. The dorm JDO must terminate a telephone conversation if the resident becomes upset and/or if the resident is obviously talking to someone else other than the approved person who answered the phone. • Once all scheduled phone calls have been completed, the residents may go to the next scheduled activity. • If a resident does not reach the person they tried to call, the JDO or counselor will schedule one make-up phone call for later in the week. If this attempt is unsuccessful, the shift supervisor will contact the supervising probation officer to 76 learn of any circumstances that may be prohibiting the resident from reaching the person. Mail: The following procedures will be followed regarding the receiving of mail/packages and writing letters to persons on the approved mailing list by residents: • After initial detention hearing, the supervising probation officer will provide the list of approved people the resident may write and receive mail from while he/she is at the facility. This list maybe modified at any time upon the recommendation of the probation officer. §343.11(c)(1)(B) • The approved mail list is maintained in the resident's file and a copy in the control area. • Residents are given writing materials on the dorm so they may write letters to person(s) on their approved mail list. §343.11(c)(3) • Residents are allowed to write letters during their evening free time. If a resident is serving a structure, he/she must complete his/her structure time before he/she is allowed to write a letter. However, he/she is allowed to receive mail/packages from people who are on the approved mail list. • When a resident writes a letter, he/she is to address the envelope and fold the letter and place it in the envelope. The resident is not to seal the envelope before he/she allows the dorm JDO to physically palpate the envelope to assure the envelope does not contain contraband. • The dorm JDO references the address with the approved mail list. • The dorm JDO gives the approved letter and envelope back to the resident so the resident may seal the envelope. The JDO initials the back of the envelope signifying it is an approved letter to be mailed. • The shift supervisor collects all letters written during the night shift and forwards them to the administrative secretary. • Residents are allowed to write two (2) letters per week. • When a resident receives mail/packages from a person on the approved mail list, the resident will be given the mail/package. • The resident will open the letter/package in the presence of the dorm JDO and remove all contents of the letter/package. • The dorm JDO will inspect the envelope/letter/box in anon-intrusive manner to ensure the absence of contraband. §343.11(c)(6)(A) • The dorm JDO will observe the signature at the end of the letter or correspondence to ensure it is from someone who is on the approved mail list. • All correspondence from person(s) who are not on the approved mail list will be returned to the sender unopened. §343.11(c)(1)(C) • If a dorm JDO suspects a letter is not from a person on the approved mail list, is part of an attempt to formulate, devise, or otherwise effectuate a plan to escape from the facility, or to violate state or federal laws, the dorm JDO must inform the shift supervisor. §343.11(c)(1)(A) • In the presence of the shift supervisor, the dorm JDO will ask the resident to read the letter. 77 • If the resident refuses to allow the dorm JDO to read the letter, the shift supervisor must notify the administrator on duty. • The administrator on duty will notify the Kerr County Sheriff's Deparhnent of the nature of the suspicions and request a search warrant. • If the search warrant request is denied, the resident will be allowed to keep the letter. • Residents are not allowed to correspond with person(s) who are on probation or parole or who presently resident in an adult or juvenile correctional facility. • An incident report will be submitted to the Assistant Facility Administrator regarding any withholding of mail/packages. Reasons for withholding the mail will be documented. §343.11(c)(2) • Residents may correspond with their legal council. Postage will be provided for this correspondence. §343.11(c)(4) • All mail will be forwarded to the resident's home address that arrives at the facility after the resident has been discharged from the program. §343.11(c)(5) • Pre-adjudication residents will not be allowed to receive money. §343.11(c)(6)(B) 78 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 11 Subchapter 13: Communications Standard: KCJF Subject: Residents' Access to the News Media Policy: Residents shall have reasonable access to the general public through news media, subject to the limitations necessary to maintain order and security, as well as to protect their rights. Procedure: A news media representative who wishes to visit or conduct an interview must make a request to the Facility Administrator. Prior to approval, the news media must agree to abide by all the rules and regulations of the facility. A request for an interview maybe denied if written consent has not been obtained from the resident's parent/guardian and legal representative. A resident is not to be personally identified in an interview either by identifiable descriptions and/or photographing or filming which might reveal the identity of the juvenile. All media representatives shall make advance anangements for visits. Media representatives may photograph programs and activities in the facility and meet the residents involved. Use of a juvenile's name and identifiable photographs or voice recordings is strictly prohibited at all times. The Facility Administrator may suspend media visits during a facility emergency. A resident placed in a secure residential care may not act as a reporter or publish under a byline. A resident may not receive compensation or anything of value for an interview. Either a resident or a media representative may initiate a request for a personal interview. The Facility Administrator designee shall notify a resident and/or the resident's parent/guardian and probation officer prior to the interview. The Facility Administrator shall approve or disapprove an interview request within two (2) working days after the Facility Administrator receives the consent form. Any disapproval shall be documented. A denial maybe given for any of the following reasons: • Refusal or failure to adhere to any of the foregoing conditions. • The resident is physically or mentally unable to participate. This must be substantiated by the Health Service Coordinator in writing and a copy placed in the resident's record. • The written consent of the resident, and/or the resident's parent/guardian, is not completed. 79 • The interview, in the opinion of the Facility Administrator, would endanger the Health or safety of the interviewer or would adversely affect the order of the facility. • The resident is involved in a pending court action, and the court having jurisdiction has issued an order forbidding such interviews. • The resident is a "protection" case and notice of his whereabouts would endanger the resident's safety. 80 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 12 Subchapter B: Residents' 12ights Standard: '1'JPC'~~'343.12(a)(c) Subject: Communication with Legal Representative Policy: All residents will be protected from discrimination based on race, national origin, color, creed, sex, physical disability or political beliefs and will have equal access to programs and activities. §343.12(a) They will be assured that seeking judicial relief will not be met with reprisal or penalty and will have uncensored, confidential contact by telephone, in writing, or in person with their legal representative. §343.12(c) Procedure: Residents without an Assigned or Privately Retained Attorney; The facility staff may inform residents of legal resources available to them, but at not time are they to engage in conversation which might in any way be construed as offering legal advice regarding the resident's case and under no circumstances should staff question residents regarding alleged offenses. Communication by Phone with Le ag ]Representatives: Calls are usually limited to once a day to avoid unnecessary intrusion upon the legal representative and facility staff. However, if a resident indicates important information needs the prompt attention of his/her legal representative, the call will be placed. Upon request from a resident in writing, the shift supervisor will contact the attorney by phone. If the attorney is not available, a message will be left to return the call. Written Communication with Legal Renresentative: A resident's written or dictated message will be mailed or distributed to the resident's legal representative by facility staff. Outgoing written or dictated messages will be uncensored and will not be opened once the message has been completed for delivery. Mail from the court or other legal authority will be opened in the presence of staff to be monitored for contraband. Visits/In-Person Communication with Legal Renresentative: Except in an emergency, a resident's legal representative may visit during regular business hours. If a resident requests a visit with a legal representative, the shi8 supervisor will see that the request is relayed to the facility administrator. 81 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 12 Subchapter B: itesideots' Rigbts Standard: TJPC §343.12{b)(d}{e)(f)(i)Q) Subject: Residents' Rights within the Facility Policy: Residents are awarded al] rights regarding residents who are placed at KCJF by the Texas judicial system. KCJF staff, volunteers/interns, and teachers will ensure that all residents' rights are protected under the law. Procedure: All residents at KCJF have the following rights: • Residents have the right not to be subjected to supervision and control by other residents. §343.12(b) • Residents have the right not to be required to work unless the activity is related to general housekeeping or as required by a court order for community service restitution. The facility offers the ability to work community service hours through the washing of floors and cleaning the intake area. §343.12(d) • Residents have the right not to be exploited by using resident labor inappropriately. KCJF staff may not enter into an intentional business relationship with any resident or give personal gifts to residents or receive personal gifts from residents. The facility shall not hire residents to fill staff positions. Former residents are not eligible for employment at the facility until at least two (2) years after documented discharge from active treatment from the facility. The former resident must be 21 years of age to work as a JDO at the facility. • Residents have the right to receive visitors and to communicate and correspond subject only to the limitations necessary to maintain facility security and control. §343.12(e) • Residents have the right not to receive stimulants, tranquilizers, or psychotropic drugs unless ordered by a licensed medical physician for treatment. §343.12(f) • Residents have the right to participate in religious services and religious counseling voluntarily, subject to the limitations necessary to maintain facility security and control. §343.12(1) • Residents have the right to be free from abuse, neglect and exploitation as defined in Chapter 261, Texas Family Code. §343.12(j) 82 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 12 Subchapter B; Residents' Rights Standard: Td PC ~343.12(g} Subject: Residents' Rights for Treatment Policy: A legible copy of the Resident Bill of Rights and reporting complaints/violations procedures are posted on each dorm and in the front lobby of the facility in a prominent location. These Bill of Rights are posted in both English and Spanish. These rights are once again reviewed with the resident by shift supervisor upon intake. Kerr County Juvenile Facility respects and protects resident rights and complies with all state and local regulations for resident rights and the documentation/reporting of such rights. All residents in secure residential care have certain rights established by the court and legal system and furthermore residents have responsibilities that are established by our program. These are clearly defined, and both residents and staff shall be familiar with them. Complaints of abridgment or the rights set forth below shall be subject to the grievance process and residents who do not accept those responsibilities (which would result in rule violation) are subject to disciplinary action. Procedure: All residents have the following rights: (written in the exact language of the actual Bill of Rights Form) • You have the right to a humane environment that provides reasonable protection from harm and appropriate privacy for you personal needs. • You have the right to be from abuse, neglect, and exploitation. • You have the right to be treated with dignity and respect. • You have the right to appropriate treatment in the least restrictive setting available that meets your needs. • You have the right to be told. o The condition to be treated o The proposed treatment o The risks, benefits, and side effects of all proposed treatment and medication o The probable Health and mental Health consequences of refusing treatment; and o Other treatments that are available and which ones, if any, might be appropriate for you. • You have the right to accept or refuse treatment after receiving this explanation. 83 • If you agree to treatment or medication, you have the right to change your mind at any time (unless specifically restricted by law). • You have the right to refuse to take part in research without affecting your regular care. Participation by residents in medical, pharmaceutical, or cosmetic experiments is prohibited. §343.12(g) • You have the right not to receive unnecessary or excessive medication. • You have the right not to be restrained or placed in a locked room by yourself unless you are a danger to yourself or others. • You have the right to have information about you kept private and to be told about the times when the information can be released without your permission. • You have the right to communicate with people outside the facility. This includes the right to have visitors, to make telephone calls, and to send and receive sealed mail. This right maybe restricted on an individual basis by your doctor, probation officer, parent/guardian or Facility Administrator, if it is necessary for your treatment or for security, but even then you may contact an attorney. • You have the right to be told in advance of all estimated charges and any limitations on the length of services that the facility is aware of. • You have the right to make a complaint and receive a fair response from the facility within a reasonable amount of time. • You have the right to have your rights explained to you in simple terms, in a way you can understand, within 24 hours of being admitted. If a resident's right to free communication is restricted, the facility administrator shall document the clinical reasons for the restriction and duration of the restriction in the resident's file. 84 KERB COUNTY JUVENILE FACILITY KERR COUNTY Policy & Procedure SECTION: 13 Subchapter B; Volunteers Standard: 'FJPC §343.13(1-7) Subject: Volunteers and Interns Policy: Kerr County Juvenile Facility encourages the use of community volunteers who wish to provide a positive role model and services that enhance our programs. Volunteers are required to follow all safety and security rules set forth by the facility. Failure to do so will result in the termination of their services. §343.13(4) Procedure: Volunteers: The following procedures will be followed regarding the admission and supervision of volunteers who come to the facility: All volunteers shall abide by facility policies and procedures in regard to safety and security of residents. Volunteers must be qualified to perform assigned duties. Volunteers must fulfill the following required criteria; o Provide the Facility Administrator or designee with a written description of approved services to be provided. o Sign agreement regarding the understanding of the Code of Ethics, Resident Confidentiality, Resident Rights, and Abuse, Neglect, & Exploitation procedures. o Initiate a Texas criminal history background search. (TCIC) §343.13(2) o Initiate a local law enforcement sex offender registration records check §343.13(3) The volunteer will be provided; o Description of authority, responsibility, and accountability within the facility program. o Orientation training on, but not limited to, recognizing and reporting abuse, neglect, and exploitation, suicide prevention, facility rules, programming, and reporting incidents. §343.13(5) o A daily sign-in and sign-out sheet. §343.13(7) o Written explanation of disqualifying criteria based on criminal history. §343.13(4) Presently on felony or misdemeanor probation or parole Presently registered as a sex offender under Chapter 62, Texas Code of Criminal Procedure The Facility Administrator or designee will supervise all volunteers. Volunteers will submit a written agenda and schedule regarding their programs or mentoring visits. If the 85 volunteer is fulfilling an internship, the supervising authority will meet with the Facility Administrator on a weekly basis to outline intern duties and provide an update on the intern's progress. §343.13(1) All volunteers must perform their duties in a professional manner. §343.13(6) Volunteers will arrive at the facility dressed in appropriate clothing, neat, clean, and well groomed. Volunteers will not use profane or vulgar language. 86 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 15 & 16 Subchapter B: Employment of Certified Juvenile Detentim~ Officers Standard: TJPC §343.15(a)(1)(b}(1)(A-C)(2)(A-K)(3)(4)(5}(c)(i}(A-H)(2){A)(Bl §343.16 ~~ ~r Subject: Employment and Certification Requirements of Juvenile Detention Officers Policy: Kerr County Juvenile Facility requires that all staff employed at the facility meet the minimum requirements for employment. KCJF screens all applications in the search for the most qualified staff to fulfill the duties set forth by the facility. The facility duties follow required standards dictated by the Texas Juvenile Probation Commission. Policy and procedure set by the Kerr County Juvenile Board and Commissioners Court outline local requirements for employment at the facility. All personnel hired for the purpose of direct supervision of the residents at KCJF shall fulfill the requirements for a certified juvenile detention officer and become so certified. The Facility Administrator shall fulfill the requirements for the certification of a juvenile detention officer as well. §343.16 Procedure: The following procedures will be followed in the selection, employment and certification of prospective JDOs and all full time and part-time employees, consistent volunteers/interns as well as facility teachers and grant employees: • All prospective employees must be 21 years of age or older. §343.15(a)(1) §349.7(a)(1)(A) • Complete a TB test with negative results • Understand the outlined job description for each position at the facility provided upon hire date • Prospective employees must submit to a criminal records check. The Facility Administrator or designee shall initiate the criminal records check on each prospective JDO employee, initial certification of a JDO, re-certification of an employed JDO, and prospective employee. We will conditionally employ persons on the merit of their reported criminal history with the clear understanding that if their reported criminal history is different than the background checks results, KCJF reserves the right to terminate the employment of said person without cause. All criminal history checks shall be kept in the personnel files of each employee. The criminal history check shall be: 343.15(b)(1)(A-C) §349.8(a)(1)(A-C) §349.11(a)(1)(A-C) 86 o A Texas criminal history background search (TCIC) o A local law enforcement sex offender registration records check in the city or county where the applicant resides. o A Federal Bureau of Investigation fingerprint based criminal history background search (NCIC) All prospective employees at the facility will provide proof of a high school education or higher education by submitting a copy of one or more of the following documents: o A high school diploma o A general equivalency diploma from a high school or issuing authority within the United States of America-(GED) o A United States Military record that indicates the education level received is equivalent to a United States high school diploma or general equivalency diploma o A foreign high school or home schooling diploma that meets the validation requirements o Unconditional acceptance into an accredited college or university accredited by an accrediting organization recognized by the Higher Education Coordinating Board. A copy of a college transcript indicating the enrollment and completion of at least three (3) semester hours will suffice for this portion of the standard. All prospective employees at the facility will take apre-employment drug test as well as facility teachers, consistent volunteers/interns and grant employees. Hiring of all new employees is contingent upon passing the drug testing. If the applicant currently resides in one of the following states, or resided in one of the following states within the 10 years prior to the date the employment application was made, a state criminal history background search and state sex offender registration check shall also be conducted prior to employment: An Internet based criminal background search shall not be used to conduct the background searches. A copy of the returned criminal history checks results shall be maintained in the employee's personnel file. §343.15(b)(2)(A-K)(4) §349.8(a)(1)(D) §349.10(a)(1)(D) o Hawaii o Kansas o Kentucky o Louisiana o Maine o Massachusetts o New Hampshire o Rhode Island o Tennessee o Vermont o The District of Columbia • All criminal background checks must be initiated prior to employment. • An Intemet based criminal background search shall not be used to conduct the background searches required. §343.15(b)(3) §349.8(a)(2) §349.11(a)(2) 87 • A person with the following criminal history shall be disqualified from employment as a certified JDO, JDO supervisor, facility administrator, facility teacher, volunteer/intern, full-time staff, part-time staff, and grant employees: §343.15(b)(5)(c)(1)(A-G) §349.7(a)(1)(B) o A felony conviction against the laws of Texas or another state, or the United States within the past 10 years. o A deferred adjudication for a felony offense against the laws of Texas, another state, or the United States within the past 10 years. o On current felony probation or parole o A jail able misdemeanor conviction against the laws of Texas, another state or the United States within the past 5 years. o A deferred adjudication for a jail able misdemeanor against the laws of Texas, another state or the United States within the past 5 years. o On current misdemeanor probation or parole o Registered as a sex offender. • A person whose certification has been revoked by the Commission shall never qualify for employment as a JDO, JDO supervisor, and facility administrator. §343.15(c)(2)(A) §349.7(a)(1)(D) • An individual whose certification is currently under a suspension order for a specified period not to exceed 24 months shall not qualify for employment as a JDO, JDO supervisor, facility administrator, or assistant facility administrator as long as the suspension order remains in effect. §343.15(c)(2)(B) §349.7(a)(1)(C) • An individual whose certification is currently under a suspension order for a failure to pay child support issued under Texas Family Code §232.008 or §232.009 shall not qualify for employment as a JDO, JDO supervisor, facility administrator as long as the suspension order remains in effect. §343.15(c)(2)(B) • An applicant for JDO certification who has a high school diploma issued in a foreign country or who completed high school under home schooling may apply one time for provisional certification. • A waiver maybe requested for certification approval if the person received a pardon upon proof of innocence or reversal of a finding of guilt by a trial or appellate court. §343.15(c)(1)(H) §349.7(a)(2) All JDO re-certification applications shall not be sent more than 30 calendar days before or 60 calendar days after the certification expiration date. The facility shall maintain a personnel file for each staff member with documentation demonstrating compliance with these procedures. §349.8(a)(4) §349.11(a)(4) Personnel files are kept for two (2) years after employee has left the employment of the facility. All full-time employees of KCJF will have a performance evaluation annually. Evaluations will be done annually thereafter. Evaluations will be placed in the personnel files of each full-time employee. 88 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 8, 9, 10,11,12, & 13 irae. xr_~~~a.~ . . ys lit:,tx3 i'YI8 '. `C.*if.` .~i ,. Standard: 1.E '£ °~Ikr.~ i Y '4 . .. ~~ =d ti ~' ~~ t1 Subject: Certification and Re-certification Requirements for JDO Policy: The Kerr County Juvenile Facility maintains current juvenile detention officer certifications and re-certifications for all employees who are hired to directly supervise residents on a twelve (12) hour shift. The shift supervisors, facility administrator shall retain JDO certification throughout their tenure at the facility. The Facility Administrator or designee shall submit a certification and re-certification application to TJPC for all JDOs and supervisors of JDOs. §349.8(b)(2)(A) §349.11(b)(2)(A) All JDO certifications are valid for two (2) years from the date of approval by TJPC. §349.8(c) §349.9(c)(1)(2) The Kerr County Juvenile Board shall review and approve in writing all training documentation for the certification and/or re-certification of the facility administrator as a juvenile detention officer. §349.8(b)(2)(B) §349.11(b)(2)(B) Procedure: All new employees at KCJF who are hired to directly supervise residents during an twelve (12) hour shift, shift supervisors, facility administrator, shall fulfil] the following requirements for certiftcation as a JDO: Prior to submission for certification, a criminal history background check will be conducted and returned. The criminal background check will follow the same requirements as outlined in the employment requirements stated in the previous policy and procedure. The criminal background check may not be more than ninety (90) calendar days old for certification eligibility requirements. §349.8(a)(3) A current annual TB test will be on file Provide proof of a high school degree, GED, completion of home school diploma, military record indicating education level received is equivalent to a United States high school diploma or GED, and/or copy of a college transcript indicating enrollment and completion of at least three (3) semester hours. §349.7(c)(1)(C) §349.9(a)(2)(A)(B) Complete the required forty (40) hours of orientation training within eighteen (18) months of hire date. §349.7(c)(1)(A)(B) 89 An employee may apply for a provisional certification as a JDO providing he/she qualifies by fulfilling the following requirements: Complete all above listed requirements The individual agrees to complete a validation of their education by: o Obtaining unconditional acceptance into a college or university accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board o Receive a GED o Obtaining evaluation of their high school diploma as the equivalent to a high school diploma received within the United States of America by an educational evaluation service approved by TJPC o Providing documentation of the conferral of a bachelor's or master's degree from a university or college accredited by an accrediting organization approved by the Texas Higher Education Coordinating Board. o An application with a high school diploma from a foreign country or was home-schooled may apply one time for provisional certification. §349.7(c)(2) Upon TJPC receipt of validation documentation, TJPC shall certify the individual as a JDO. The certification is valid for two (2) years from the date the provisional certification was approved. A provisional certification shall expire six (6) months from the date of approval. An individual who has not yet validated their degree while holding a provisional certification that has expired may apply for certification after their education has been validated. All certified employees at KCJF who are hired to directly supervise residents during an twelve (12) hour shift, shift supervisors, facility administrator, and assistant facility administrator shall fulfill the following requirements for re-certification as a JDO: §349.10(a)(1)(A-C)(2) • A criminal history background check with no disqualifying indicators will be completed and returned no longer than ninety (90) days prior to the application for re-certification. §349.11(a)(3) A request for waiver may not be requested for any disqualifying criminal history unless the person received a pardon based upon proof of innocence or the reversal of a finding of guilt by either the trial or an appellate court. • Is not currently under an order of suspension • Has never had any type of certification revoked from TJPC • Completed eighty (80) hours of re-certification training within the two years following the date of the certification or re-certification's approval. §349.10(c)(1) • If the facility administrator is applying for re-certification, twenty (20) hours of the required re-certification training shall be in management and supervisory skills. §349.10(c)(2) • Has current certification in: §349.7(c)(1)(D) §349.10(c)(3) 90 o Cardiopulmonary Resuscitation (CPR) o First Aid o Handle With Care-physical restraint technique approved by TJPC The Facility Administrator or designee shall submit all applications for re-certification as JDO to TJPC. Unless a request for extension has been made and granted, the re- certification application shall not be sent more than 30 calendar days before or 60 calendar days after the certification expiration date. The re-certification for JDO is valid for two (2) yeazs. §349.11(c)(1)(d) A person whose certification expires while under a suspension order may apply for certification once the suspension period has expired and the individual meets the certification eligibility requirements. An individual whose certification expires while under a suspension order may apply for certification once TJPC has received an order issued under Texas Family Code §232.013, which either vacates or stays the suspension order and the individual meets the certification eligibility requirements. §349.12(a)(b) If an employee resigns or is terminated, the Facility Administrator or designee shall notify TJPC within seven (7) working days. §349.13(a) TJPC shall place the person's certification on inactive status.§349.13(b)(1) That person may not perform JDO duties while on inactive status. §349.13(b)(2) If a person obtains employment at another facility while his/her certification is inactive, the hiring county may request a transfer of certification to active status. §349.13(c)(1) All criminal history checks must be verified for transfer of certification. §349.13(c)(2) If a JDO's certification expires while on inactive status, transfers aze no longer valid. §349.13(d)(1) Applying for certification after all certification eligibility requirements have been met may renew the expired certification. §349.13(d)(2) Training records maybe transferred to another facility upon the written request from the Facility Administrator or designee of the hiring county to the previous Facility Administrator or designee. §349.13(e) The juvenile board, facility administrator, or training coordinator may request an extension for certification/re-certification with written explanation for extension. §349.11(c0(2)(A) The extension may not exceed 90 calendar days from the date the certification expired. §349.11(c)(2)(B) if the re-certification application is not submitted before the extension period expires, re-certification application will be denied. §349.11(c)(2)(C) 91 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 15 i .. R 8 e~.a r i Standard: TJPC §349.I5{a)(bl(1)(2)(A){B)(3)(,1)(B)(4)(_S)(cl(2)(A-[,}{cq(e) Subject: Training for JDO Certification and Re-certification Policy: Ken• County Juvenile Facility trains all new personnel in all critical policies and procedures and ensures that all staff are adequately trained, competent and supervised to perform assigned duties. All volunteers, teachers, and contract personnel must provide proof of training or attend facility training pertaining to abuse, neglect and exploitation reporting. KCJF may accept documented training from an appropriate previous employer or another organization if the training was completed during the year prior to employment and if it meets TJPC. All orientation training shall be completed within the first thirty (30) days of employment. All training shall be provided by the Facility Administrator, Assistant Facility Administrator, training coordinator, and certified trainers on staff. Medical, health services, and medication administration training shall be provided by the Health Service Authority. Training attendee sign-in sheets are maintained in a central file located in the Facility Administrator's office. Procedure: Orientation training conducted within 30 days of employment shall be at least forty (40) hours and shall include but not be limited to the following required training topics: • An introduction to juvenile detention • Resident rights • Abuse, neglect, and exploitation/reporting~8 hours annually) • Behavior observation and recording • Suicide prevention and identification, including training on the facility's suicide prevention plan • Legal liabilities • Dynamics of youth with mental illness in detention centers/facilities • Behavior management • Risk management, safety, and security/Emergency and evacuation procedures • HN/AIDS and communicable diseases • Medical and health services • Code of Ethics/Standards of Conduct, disciplinary and revocation procedures • Specific job duties • Resident confidentiality • Resident grievance procedures • Intakes/screenings • CPR/First Aid--(8 hours/orientation completed within 90 days of employment) 92 Handle With Care/Non-violent crisis intervention techniques-(8 hours annually) KCJF Policies & Procedures All volunteers, teachers, and contract personnel shall complete the following training requirements: • Abuse, neglect, and exploitation/reporting-(8 hours annually) • Resident rights • Resident grievance procedures • Resident confidentiality • Code ofEthics/Standards of Conduct • Risk management, safety, and security/Emergencyand evacuation procedures • Behavior observation and recording • Suicide prevention and identification • KCJF Policy & Procedures TJPC reserves the right to refuse to grant approval for training hours that do not comply with their guidelines. §349.15(a) The following are training hour limitations: • No more than 40 training hours in one topic may count toward certification or re- certification. §349.15(6)(1) • No more than 15 hours of video training may count toward certification requirements. §349.15(b)(2)(A) • No more than 30 hours of video training may count toward re-certification requirements. §349.15(b)(2)(B) • No more than 15 hours of distance learning may count toward certification requirements. §349.15(b)(3)(A) • No more than 30 hours of distance learning may count toward re-certification requirements. §349.15(b)(3)(B) An individual who provides approved officer training may claim up to 20 hours per certification period for the development of course curriculum. §349.15(6)(4) Athree- hour (3) course delivered by an accredited college or university may count as 40 hours of re-certification training. §349.15(6)(5) Proof of enrollment and completion of all college course work must be provided to the Facility Administrator prior to applying for re- certification. Course work in criminal justice, education, psychology, sociology, or other behavioral science will be considered for re-certification training requirements. Re- certification training shall be related to job responsibilities, the field of juvenile justice, or fields of study approved by TJPC. §349.15(d)(e) Internal training documentation will include: • Outline of contents 93 Name, credentials, relevant qualifications of person providing training Method of delivery External training documentation will include: • Date • Number of hours • Topic • Instructor's name • Instructor signature (or equivalent verification) 94 KERB COUNTY JUVENILE FACILITY KERR COUNTY Policy & Procedure SECTION: 17 Subchapter B: Code of Ethics Standard: TJPC` X343.17(1)(:1-J)(2)(A-fi} ., Fg ~tiEklt' .~......, ~~ 1,. ~ " kt ` ~ yq, 5T Subject: Code of Ethics/Standards of Conduct Policy: Kerr County Juvenile Facility staff shall protect the health, safety, rights, and welfare of its residents. KCJF shall provide competent services as described in program descriptions. All programs shall comply with all applicable laws, regulations, policies and procedures. KCJF shall maintain required licenses and certifications. The facility shall comply with professional and ethical codes of conduct. Staff, volunteers, and teachers shall report violations of laws, rules, and standards that govern the facility to TJPC when such violations pose a significant threat to the health, safety, and well being or rights of residents. The successful business operations and reputation of KCJF is built upon the principles of fair dealing and ethical conduct of our employees. Our reputation for integrity and excellence requires carefirl observance of the spirit and letter of all applicable laws and regulations, as well as a scrupulous regard for the highest standards of conduct and persona] integrity. The continued success of KCJF is dependent upon our community's trust and we are dedicated to preserving that trust. Employees owe a duty to KCJF and its residents to act in a way that will merit the continued trust and confidence of the public. Procedure: The people of Texas expect JDOs, shift supervisors, administrators, teachers, volunteers, and contract personnel to be honest and respect the dignity of individual human beings. KCJF staff should be professional and compassionate at all times. Therefore the following principles apply to the facility's mission: §343.17(1)(A-J) • Respect the authority and follow the directives of the court. • Respect and protect the civil and legal rights of all residents and their parents/guazdians. 95 • Serve each resident with concern for the resident's welfare and with no purpose of personal gain. • Encourage relationships with colleagues of such character to promote mutual respect within the profession and improvement of its quality of service. • Respect the significance of all elements of the justice and human services systems and cultivate a professional cooperation with each segment. • Respect and consider the right of the public to be safeguarded from juvenile delinquency. • Be diligent in their responsibility to record and make available for review any and all information, which could contribute to sound decisions affecting a resident or the public safety. • Report without reservation any corrupt or unethical behavior, which could affect either a resident or the integrity of the facility. • Maintain the integrity of private information and not seek personal data beyond that needed to perform their responsibilities, nor reveal case information to anyone not having proper professional use for such. • Abide by all federal, state, and local laws and TJPC standards. KCJF staff shall not: §343.17(2)(A-F) • Use official position to secure privileges or advantages. • Make statements critical of colleagues or their facility unless these are verifiable and constructive in purpose. • Permit personal interest to impair the objectivity, which is to be maintained in their official capacity. • Accept any gift or favor that implies an obligation that is inconsistent with the free and objective exercise of professional responsibilities. • Maintain an inappropriate relationship with residents residing in the facility or under the jurisdiction of the juvenile court. An inappropriate relationship can include but is not limited to; bribery, solicitation or acceptance or gifts, favors, or services from residents or their families, and the appearance of an inappropriate relationship. • Not discriminate against any employee, prospective employee, resident, childcare provider, or parent on the basis of age, race, sex, creed, disability, or national origin. • Engage in behaviors which misuse fiscal or business office practices or materials belonging to the facility including but not limited to; falsifying time sheets, theft or misuse of office supplies, use of facility property for personal use, and use of personal affects or funds belonging to a resident of the facility or child under the jurisdiction of the juvenile court. • Be designated as a perpetrator in a TJPC abuse, exploitation and neglect investigation conducted under the authority of Texas Family Code §Ch. 261. • Interfere with or hinder an abuse, exploitation and neglect internal investigation conducted under §343.3(c) of this title of a TJPC abuse, exploitation and neglect investigation conducted under the authority of Texas Family Code §Ch. 261 or any criminal investigation conducted by a law enforcement agency. 96 • Neither deliver into nor remove from the grounds of the facility any item or contraband and shall not exercise possession or control of any item of contraband while on facility grounds. • Provide services while under the influence of alcohol or illegal drugs. In general, the use of good judgment, based on high ethical principles, will serve as guide with respect to lines of acceptable conduct. If a situation arises where it is difficult to determine the proper course of action, the matter should be discussed openly with the shift supervisor and if necessary, with the Facility Administrator. Compliance with this policy of ethics and conduct is the responsibility of every KCJF employee, volunteer, and teacher. Disregarding or failing to comply with these standazds of conduct could lead to disciplinary action, up to and including possible termination of employment. The Facility Administrator or designee shall forward a copy of an internal investigation based on a code of ethics violation to TJPC. The internal investigation shall serve as a request for a disciplinary hearing. If the Facility Administrator or designee makes the request for a disciplinary hearing, the Facility Administrator or designee shall notify in writing the juvenile board the request simultaneous with the request's submission to TJPC. The Facility Administrator or designee shall in writing request a certification revocation from TJPC within ten (10) working days after obtaining notice that a JDO has been convicted or given deferred adjudication for any offense listed in policy and procedure outlining disqualifying criminal background check results for employment. A request for waiver may not be requested for this offense unless the JDO received a pazdon based upon proof of innocence or the guilty verdict was overturned by a trial or appellate court. §349.21(a)(2)(A)(B) In the event TJPC receives notice from a member of the public that a JDO has violated the code of ethics, TJPC shall notify in writing the Facility Administrator and the juvenile boazd. Upon receipt of notification from TJPC, the Facility Administrator may conduct an internal investigation. §349.21(b)(1) In the event TJPC receives notice from a member of the public that a JDO has been convicted or given deferred adjudication, TJPC shall in writing notify the Facility Administrator or the juvenile board. Upon receiving notice from TJPC, the Facility Administrator or juvenile board shall investigate and if disqualifying criminal history exists, certification will be revoked. §349.21(b)(2) TJPC may initiate a disciplinary hearing when it is discovered during a monitoring visit, compliance audit or as a result of receiving notice in any other manner that an individual currently certified by TJPC does not meet the requirements of employment, certification, or re-certification or TJPC designates a JDO as a perpetrator in an investigation of abuse, neglect or exploitation investigation. §349.22(1)(2) When TJPC receives a request for disciplinary hearing or when TJPC initiates a disciplinary hearing, TJPC shall give the JDO subject to the disciplinary hearing written notice of a hearing conducted by a hearings examiner. §349.23 Hearings shall be conducted pursuant to the Administrative Procedure Act, Texas Government Code Annotated, §Ch. 2001. TJPC shall have the power to take depositions, administer oaths or affirmations, examine witnesses, receive evidence, and conduct hearings and issue subpoenas or summons. Nothing precludes TJPC from making an informal disposition, including entering into an agreed order as provided by the Administrative Procedure Act, Texas Govemment Code Annotated, §Ch. 2001. §349.24(a)(b)(c) TJPC shall provide a minimum often-(10) calendar day's notice to the JDO subject to a disciplinary hearing. Notice shall be sent by certified mail return receipt requested. The notice shall include a 97 statement of the date, time, place, and nature of the hearing, a statement of the legal authority and jurisdiction under which the hearing is to be held, a reference to the particular sections of the statutes and rules involved, and a short plain statement of the matters asserted. §349.25(a)(b)(1-4) An individual subject to a disciplinary hearing is entitled to the assistance of counsel during the hearing. The JDO is responsible for all costs of obtaining counsel. The JDO may expressly waive the right to the assistance of counsel. A designated person may also represent the JDO. Written notice at least five (5) calendar days in advance of the hearing shall be given by each party intending to be represented, including the name of the representative. Failure to give such notice ma result in postponement of the hearing. §349.26(a-e) The JDO or his/her representative, shall be given the opportunity to show compliance with the code of ethics and all requirements of the law, including TJPC standards. §349.27(a) The hearing shall be conducted before a hearings examiner appointed by the executive director with only designated TJPC staff, the JDO, Facility Administrator, their representatives and such witnesses as maybe called in attendance, unless the JDO requests that it be open. Witnesses maybe excluded from the hearing until it is their turn to present evidence. §349.27(b) The conduct of the hearing shall be under the hearings examiner's control, and in general, shall be conducted in accordance with the following steps: §349.27(c) • The hearing shall begin with the presentation of investigative findings by TJPC, supported by such proof as is deemed necessary. §349.27(c)(1) • The JDO or his/her representative may cross-examine any witnesses for TJPC. §349.27(c)(2) • The JDO or his/her representative may then present such testimonial or documentary proof as desired in rebuttal or in support of the contention that the JDO violated the code of ethics. §349.27(c)(3) • TJPC may cross-examine any witnesses for the JDO and offer rebuttal testimony of the JDO's witnesses. §349.27(c)(4) • Each party may make closing arguments. §349.27(c)(5) • The hearing shall be recorded and transcribed by means including but limited to a stenographic record of the proceedings. §349.27(c)(6) The hearings examiner may consider only such evidence as is presented at the hearing. If the hearings examiner determines that the evidence presented is insufficient, the hearings examiner may ask for additional information from the JDO, or TJPC and may ask questions on the hearing examiner's own motion. After all the evidence has been presented, the hearings examiner shall issue to the Board for its approval findings of fact and conclusions of law and proposed disposition. §349.27(d) The proposed disposition may include a written reprimand, suspension for a specified period not to exceed 24 months, or revocation. §349.27(d)(1-3) Based on the findings of fact and conclusions of law the Board by order may approve or amend the proposed disposition. §349.27(e) TJPC shall notify an individual whose conduct was the subject of a disciplinary hearing of the final order. TJPC may notify the individual either in person or by certified mail returns receipt requested. §349.27(f) The notice of order shall include which acts or omissions by the JDO, if any, violated the code of ethics, a statement of the evidence relied upon, a statement of which section or sections of the code of ethics, if any, were violated by the acts or omissions of the JDO, the Board's disposition concerning the JDO's certification, and the individual's right to rehearing and appeal. §349.27(f)(1)(2) 98 An individual wishing to appeal TJPC's final order may file a motion for rehearing with TJPC no later than the 20`n. Calendar day after receiving notice of disposition. TJPC shall rule on the Motion for Rehearing no later than the 45a'. Calendar day after receiving the motion. §349.28(a)(b) An individual whose certification has been suspended or revoked and whose motion for rehearing has been denied by the Board is entitled to judicial review of TJPC's action. §349.29 TJPC shall create a record for each hearing conducted. The record shall include the request for disciplinary hearing, the transcript of the hearing conducted by the hearings examiner, the transcript of the hearing conducted by the Board, which may take the form of the minutes of the Board meeting, any documentary proof submitted during the hearing, all staff memoranda and documentation submitted to the Board in making its decision, a copy of the final order issued by the Board, any motions for rehearing, and the Board's ruling on any motions for rehearing. §349.30(1-8) Upon receipt of an order suspending licensure for failure to pay child support issued under Texas Family Code §232.008 or §232.009, TJPC shall suspend the JDO's certification. TJPC shall notify the JDO subject to a suspension order that the agency has formally suspended the individual's certification. The notice shall also instruct the individual that he/she may not perform the duties of a JDO while the suspension order is in effect. TJPC shall also notify the Facility Administrator and the juvenile board of the facility. A certification suspension shall remain in effect until TJPC receives an order issued under Texas Family Code §232.013 that either vacates or stays the certification's suspension. An individual subject to a suspension order may not be hired, certified, or re- certified while the suspension order remains in effect. A request for waiver or variance may not be requested for this standard. An individual subject to a suspension order may not appeal the suspension order to TJPC. §349.31(a)(b)(1-3)(c-f) The mandatory revocation procedures enacted apply to all felony convictions, felony deferred adjudications, or convictions or deferred adjudications that require sex offender registration under §Ch.62 Texas Code of Criminal Procedure on or after September 1, 2003. §349.32 99 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 30 Subchapter C: Intake, Admission and Release (Pre-Arljadication) Standard: `T.IFC §343.30{a)(I)(2)(b)(1)(2)(c)tl)(2)(d)(1}(2)(A)(I3)(t:)(3}(41(e)(1) (g)(h)(1)(I)(2)(11(1-91(k)(I}(1-3}{m)(I-4} Subject: Intake, Admission and Release Policy: Kerr County Juvenile Facility accepts the admission ofpre-adjudicated juveniles from Kerr County and other contractual counties for the purpose of detention. Law enforcement and/or juvenile probation officers transport juveniles to KCJF for detention. KCJF staff are instructed and trained to admit juveniles only on the documented verbal and/or written authorization from the probation department that is supervising the juvenile. Upon authorized admission, juveniles complete the intake process, which is documented and placed in their intake file. Upon authorized release by the presiding court from KCJF detention, release forms are signed by the receiving individual and the releasing shift supervisor on duty. Only those who have written authorization with picture ID are allowed to receive a released juvenile from KCJF detention. §343.30(c)(2) Procedure: Juveniles will not be admitted for pre-adjudication purposes if the juvenile is in need of medical care due to an injury, illness or intoxication. A juvenile will not be admitted if the juvenile is in need of mental health intervention. If a juvenile is brought to the facility by a law enforcement agency and the juvenile is suspect of being injured, ill, in need of mental health services and/or intoxicated the shift supervisor will not proceed with the intake process. The shift supervisor will instruct the officer and/or probation officer that the juvenile is to be transported to the emergency room at Sid Peterson Hospital for a medical evaluation. KCJF will not transport the juvenile for this pre- admission medical evaluation. If the juvenile is in need of mental health services, Sid Peterson Hospital protocol dictates that a MHMR staff will see the juvenile and screen the juvenile for possible mental health services. If the juvenile is injured, ill, and/or intoxicated, the juvenile will be admitted to KCJF only upon the written medical clearance provided by a physician or MHMR professional. §343.30(a)(1)(2) If an intoxicated juvenile has been assessed and cleared for admission to detention by a physician, the shift supervisor will conduct the intake process. During this process, the MAYSI-2 instrument will be administered. If during this process, the shift supervisor determines the juvenile is in need of detoxification, the juvenile will not be placed in the pre-adjudication dorm. The intoxicated juvenile will be placed in the observation cell for medical confinement and monitored in 10-minuted staggered intervals. These observations will be recorded on an observation sheet. Only until it is determined by 100 KCJF that the juvenile has completed the detoxification process will the juvenile join the pre-adjudicated juveniles. §343.30(b)(1)(2) By the virtue of the governing body, Kerr County Commissioner's Court, KCJF staff has the authority to conduct the intake process of juveniles brought to the facility for detention purposes. Each shift supervisor and juvenile detention officer at KCJF are trained in the admission, intake, and release process ofpre-adjudicated juveniles. This training includes the administering of the MAYSI-2, orientation, issuing detention clothing, etc. There is a shift supervisor on duty 24 hours per day 7 days per week that either conducts the intake or supervises the intake process ofpre-adjudicated juveniles. The officer conducting the intake will review the authorization for detention to determine if the juvenile is indeed a child, has probable cause to believe the juvenile conducted a delinquent act, is in need of secure supervision, or is anon-offender awaiting deportation from the United States. If during the admission process it is determined that the juvenile is not a child, or there is no probable cause for detainment, the juvenile will be released immediately. Upon the completion of the intake process, the juvenile is allowed a telephone call to inform their parent(s)/guardian of their whereabouts. The supervising probation officer of the juvenile notifies family members of the admission to KCJF. §343.30(c)(1) Upon the completion of the intake process of a juvenile to detention, a KCJF staff will orientate the juvenile regarding program rules, grievance policies and procedures, requesting medical attention via a written medical request to the facility contract RN, and other daily routine procedures. The orientation process will be conducted verbally with written rules and procedures for reference by the juvenile. If the resident is not fluent in English or Spanish, arrangements will be made within 48 hours to contact a person who is proficient the resident's primary language. §343.30(d)(i)(2)(A)(B)(C)(3)(4) During the intake process, all personal items and clothing that the juvenile possessed upon admission will be placed in a net bag with the juvenile's name adhered to the bag. An inventory sheet will be filled out by the intake officer and signed by the resident. The resident will be issued clean facility clothing and hygiene products after the juvenile has showered. §343.30(g)(b) Upon release from the detention facility, the resident will change into their personal clothing and retrieve their personal items listed on the inventory sheet. The resident will sign the inventory sheet verifying they took all listed items upon release and all listed items were accounted for upon release. §343.30(e) Upon arriving in the dorm, each new resident is furnished aflame-retardant mattress with a built-in pillow. The resident is given clean sheets and blankets for their bed. Linens are laundered each Saturday and clean linens are issued before bedtime Saturday night. §343.30(f) The MAYSI-2 will be administered to the new juvenile by trained KCJF staff. The instrument is administered before the juvenile is taken to the intake area for the intake shower and issuing of facility clothing. If for unforeseen circumstances the juvenile cannot be administered the MAYSI-2 upon admission, the instrument will be given 101 within 48 hours from the time the juvenile was admitted. A copy of the MAYSI-2 results will be faxed to the supervising probation officer. §343.30(1)(1)(2) The juvenile will be given a health screen within one hour of admission, which will contain the following information; • Mental health problems • Suicide risk • Current state of health o Allergies o Other Chronic Conditions o Tuberculosis o Sexually transmitted diseases o Other infectious diseases • Current use of medication including type, dosage & prescribing physician • Dental problems • Vision problems • Drug & alcohol use • Physical disabilities • Evidence of physical trauma This information will be placed in the juvenile's file. §343.30(j)(1-3)(A-E)(4-9) if the intake officer determines the juvenile is exhibiting a potential health risk, the shift supervisor will notify the facility administrator. At this time the juvenile will be placed in medical confinement in the observation room away from the general population and placed on 10-minute staggered observation checks. The facility administrator or designee will notify the supervising probation officer of the health risk and make proper and expeditious arrangements for medical care for the juvenile. This information will be placed in the juvenile's file. §343.30(k) If the new resident does not pose a health risk, require detoxification, or other maladies requiring temporary segregation from the general population, the resident will be placed in the dorm with other pre-adjudicated residents. If for some reason upon admittance to the pre-adjudicated dorm, the shift supervisor believes the resident should be confined to his/her room, this period of initial observation shall not exceed 24 hours. During the room confinement period, the JDO shall make observation checks not to exceed 15- minute staggered checks. Verbally and/or physically assaultive behavior would be justification for 24-hour room confinement upon admission. Information derived from the confinement will be placed in the resident's file. §343.30(1)(1-3) Pre-adjudicated juveniles will be released to person(s) who have written and signed authorization from the court or supervising probation officer to receive the juvenile. The receiving person(s) must have a picture ID to verify identification if the receiving person is not a supervising probation officer or a law enforcement officer. The receiving person(s) must sign the release form along with the releasing facility officer. The juvenile must sign the personal property inventory sheet upon receiving their personal property. §343.30(m)(1-4) 102 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 32 Subchapter C": Supervision (Pre-Adjudication) Standard: TJPC §343.32{a)(b)(1)(2)(c)(1){A)(2}(A)(B)(3)(.~-ll)(4)(d)(1)(A-E}(3} Subject: Supervision Policy: Certified and/or pre-certification staff shall supervise all pre-adjudicated residents admitted to Kerr County Juvenile Facility for the purpose of detention. All staff- supervising residents will have the proper training as stipulated by TJPC certification training requirements. At no time will video and audio monitoring substitute for the physical presence of supervision and observation by a juvenile detention officer. §343.32(d)(3) Procedure: There will be at least two juvenile detention officers on duty 24 hours per day 7 days per week even though the pre-adjudication population maybe one resident. One, if not both, officers on duty shall be certified according to TJPC certification requirements. The other officer will have acquired the proper number of training hours to have solitary supervision of residents prior to the staff certification. §343.32(a) KCJF admits both male and female juveniles for pre-adjudication detention. There shall be JDOs of both genders present and available during every shift 24 hours per day 7 days per week. Personnel working at the control panel in the control room will not meet the requirement of this standard. §343.32(b)(1) §343.32(c)(4) During the process of showers, physical searches, pat searches, disrobing of suicidal youth, or during times in which personal hygiene practices or needs are taking place a JDO of the same gender will be supervising the resident(s). At no time will a JDO of opposite gender supervise residents during the above-mentioned activities. A JDO of opposite gender may observe the pat search of a resident of opposite gender. §343.32(b)(2) KCJF maintains a staff to resident ratio during program hours of 1:12. There is one JDO in physical presence and supervision during program hours per 12 residents. During non- program hours, the staff to resident ratio is 1:24. It is not necessary in a single occupancy-housing unit (SOHU) for the JDO to be in constant physical presence as long as the required room checks are completed and documented in staggered 15-minute intervals. Staff working the control panel in the control room does not count in this supervision ratio. §343.32(c)(1)(A) §343.32(c)(4) A facility-wide ratio of 1:8 during program hours and 1:18 during non-program hours is maintained. The purpose for the facility-wide vs. physical presence supervision is to have additional staff to respond to emergencies or other special circumstances to supplement the required 1:12 and 1:24 103 ratio. Control room staff may not count in the facility-wide ratio. §343.32(c)(2)(A)(B) §343.32(c)(4) Officers assigned to have sole supervision of residents and be counted in the supervision and facility-wide ratios will be certified officers. If the officer/trainee assigned has not acquired JDO certification, the officer must have completed the following requirements; • Has not worked for the facility for more than 180 calendar days from the individual's hire date • Has been certified in o First Aid o CPR o TJPC approved physical restraint technique Has received training in recognizing and reporting abuse, exploitation and neglect Has received training on the contents and implementation of the suicide prevention plan The following exceptions will apply regarding the requirement of a JDO to be in constant physical presence of residents; §343.32(d)(1)(A-E) • If there is no more than three (3) residents in a small group setting being supervised by a professional working with the residents in a capacity that relates to the professional's certification, licensure, training and/or education • A JDO will provide constant visual supervision if the group is between four (4) and eight (8) when those residents are working with a licensed or certified mental health professional • During a private visitation between one (1) resident and their attorney, authorized visitor, or clergy . During shift change at KCJF, the on-coming shift clocks in at the control room and proceeds to their assigned dorm where they receive verbal and written pass-down information from the out-going shift. At no time are the residents left unsupervised during shift change. • Non-program hours-JDO shall visually observe each resident in staggered intervals not to exceed 15 minutes and document the observation and generally describe the resident's behavior 104 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 33 Subchapter: Records (I're-Adjudication) Standard: T'.IPC §343.33(a}(1-3)(b)(1)(2)(c)(1-18)(d}(t-9) Subject: Records Policy: The facility maintains daily activity and behavior records for each resident. Each dorm maintains a dorm logbook, individual comment sheet, structure time sheet, and issued structure with brief explanation. These records are maintained in the individual resident's permanent file except log book entries. Completed logbooks are kept in the archive file room for future reference. Procedure: Each dorm maintains a logbook by which physical resident movement is documented. When a dorm attends school, physical training, recreation, and/or other activities, these movements from dorm to activity and back to dorm are recorded. Resident counts during each movement aze recorded in the logbook. At shift change, resident counts and any housing changes are recorded in the logbook. Individual resident behavior is recorded if the resident is misbehaving and required more intensive supervision. If a resident requires atime-out utilizing their bedroom, this movement is recorded in the logbook. Behavior comment sheets (daily chronological report) are maintained on each resident. These sheets give more detail as to the behavior of the resident(s) as what is recorded in the logbook. If the resident violates a facility rule and is issued a consequence, the infraction is recorded in the logbook and on the behavior comment sheet. The officer writes an incident report detailing the violation and the consequence issued for the violation. Once the resident receives the consequence, a structure time sheet is filled out which records the structure time served and remaining time to be served per consequence. All reports and logbook entries aze dated and initialed by the assigned dorm officer. §343.33(a)(1) A daily log is kept that records the admission and release of every resident placed in the Facility. The control room operator maintains this log. This record documents the date and time of all admissions and releases along with the resident's name and date of birth. Upon 5:00 a.m., a daily population roster is updated which documents all admissions, releases, housing assignments (dorm and bedroom number), each resident's name and date of birth, resident gender, placing county, level status (if applicable), and total population. This document can be produced through the use of the Caseworker Program. §343.33(a)(2-3) Al] active pre-adjudicated resident files are kept in blue folders with titled dividers. When apre-adjudicated resident file becomes inactive, the information is transferred to single folders and placed in the locked azchive file room. Only facility personnel are 105 allowed to view resident files. Upon hiring of personnel, each staff member signs a confidentiality agreement outlining the procedures of maintaining resident information confidential from the general public. If anon-facility individual has written court authority to view a resident's file or is a medical/mental health professional, the person(s) must sign a confidentiality agreement before reviewing the resident's file. All active pre- adjudicated resident files aze maintained in a file cabinet located in the locked control room. Inactive post-adjudicated resident files are placed in large marked brown envelopes and maintained in a separate section of the locked archive file room. §343.33(b)(1)(2) Resident admission files will have the following documented information; §343.33(c)(1-18) • Date and time of admission • Name • Nicknames & aliases • Social security number • Last known address • Detention criteria as required by the Texas Family Code §53.02(b) • Referring offense • Name of attorney • Name, title, and signature of delivering individual • Gender • Race • Date of birth • Place of birth • Citizenship • Current education level • Last school attended • Name, relationship, address, and phone number of parents, guazdian, or persons with whom the resident resides at admission • Health assessment If any of the above information is unavailable or unknown at the time of admission, the intake officer shall write "unknown" or "not applicable" in the appropriate space. If the space is left blank, this will be considered anon-compliance by TJPC. Each admitted resident shall have the following information in their file; §343.33(d)(1-9) • Offense report, narrative, arrest warrant or directive to apprehend • Inventory of cash and property surrendered signed by resident and detention officer • List of approved visitors • Name of assigned probation officer • Record of resident's notification of program rules and disciplinary policy (facility form) • Record of resident's notification of facility's grievance procedures (facility form) 106 • Behavioral record including any special incidents, discipline, or grievances • Referrals to other agencies • Final release or transfer report 107 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 34 Subchapter C: Steeping Units (Pre-Adjudication) Standard: "IJPC §343.34(a}(t){2)(3}(A-E}(4) Subject: Sleeping Units Policy: The Kerr County Juvenile Facility utilizes single occupancy housing units (SOHU). There aze three SOHU in the main building housing 8 residents per SOHU for a total of 24 residents. Each resident is assigned an individual bedroom that is a minimum of 60 square feet of floor space with a minimum ceiling height of 7.5 feet. §343.34(a)(1)(2) Each SOHU (dorm) has a common area utilized by the 8 residents assigned to that dorm. The building houses pre-adjudicated residents. Procedure: The main building is certified to allow the facility to utilize the maximum number of beds for pre-adjudicated residents. One bedroom is signified as the disabled bedroom and a toilet and washbasin is located in that bedroom. There is one showers and washbasins with hot and cold running water located on the SOHU. This provides a resident to shower and washbasin ratio of 1:8. All toilets are above ground. The washbasins provide hot and cold running water, which can be used for drinking water utilizing paper disposable cups. Male and female pre-adjudicated residents are housed on the same SOHU. Under no circumstances aze male and female residents allowed or assigned the same sleeping bedroom. Residents have their own individual bedroom with an above- floorbed furnished with a mattress. §343.34(3)(A-E)(4) 108 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 36 Subchapter: C Physical Plaut (Pre-Adjudication) Standard: T.JPC §343.36(a)(b) Subject: Physical Plant Policy: The Kerr County Juvenile Facility provides exercise and recreation azeas located indoor and outdoor. Other areas within the facility afford over 100 sq. ft. per resident of space for recreation, physical training, education, dorm day area activities, counseling, meals, visitation, and library usage. §343.36(b) Procedure: A multi-purpose room that doubles as the dinning hall and indoors recreation/physica] training area is located within the building. Activities such as meals, basketball, and physical training activities occur in this multi-purpose room. Special programs and/or guest speaker programs are conducted in this area. There is a secure outdoor recreation azea located outside the building that is affixed to the building structure extending outward with a 12 ft. security fence rendering the area secure. Basketball, volleyball, and physical training occurs in this outdoors area, weather permitting. §343.36(a)(b) 109 KERB COUNTY JUVENILE FACILITY KERR COUNTY Policy & Procedure SECTION: 37 Subchapter: C Programs (Pre-Adjudication} Standard: T.IY(:` §343.37(a)(1-4}(b)(c)(1)('2)(A)(B)(d)(1}(2) Subject: Programs Policy: KCJF provides all required programs for pre-adjudicated residents. A daily schedule is created that details each educational hour, recreation, physical training, groups, meals, free time, showers, and dorm cleaning. Procedure: Kemille I.S.D. provides the educational and special education services for all pre- adjudicatedresidents. A certified teacher in subject areas required by the Texas Education Code presents the curriculum. The curriculum is coordinated following the TEKS in response to the TAKS. As a resident is admitted to the facility, educational information is forwarded to the school district admissions clerk. This information is normally forwarded within the day of admission unless the admission occurred during the weekend or a holiday. In such cases, the information is forwarded the next scheduled school day. If the resident requires special education services, this information is forwarded to the school district special education diagnostician and an admittance ARD is conducted within 30 days of admission as stipulated by TEA. If the pre-adjudicated resident is a Kerr County resident, the school records are already in place within the Kerrville LS.D. school system. §343.37(a)(I-4) All pre-adjudicated residents have access to reading materials. Residents are allowed to read during their free time. If the resident has received a consequence for violating a facility rule and is serving structure time, the resident is not allowed to read until the structure time is completed. A small library is located within the facility, which provides appropriate reading material for the residents. Teachers also furnish reading materials for the residents to take back to their dorm. §343.37(b) Recreational materials and equipment are famished to the residents to be used during scheduled recreation and free-time. Such materials as board games, dominoes, puzzles, basketballs, and volleyballs are available for resident use. Recreational materials are inspected on an regular basis and al] damaged materials are replaced with new equipment as needed. §343.37(c)(1) Residents are provided the opportunity to participate in one hour of structured physical training. This physical training consists of a physical training curriculum that incorporates cardiovascular exercises; upper and lower body toning exercises, and a cool- 110 down exercise. This curriculum is repeated twice to maximize the effectiveness of the training. This activity is conducted in the multi-purpose room or outside recreation area. §343.37(c)(2)(A) Residents are provided one hour of scheduled recreation. Weather permitting; the recreation is conducted in the outdoor recreation area. Basketball is the primary activity conducted at this time. If the weather is such that outdoor activity is not available, the indoor multi-purpose room is utilized. Residents are allowed to play basketball or walk during this fime. Recreation time may also be used to play board games, read, construct puzzles, or write letters in the day area of the dorm. §343.37(c)(2)(B) Each morning, each resident is responsible for making their beds and cleaning their bedrooms. Cleaning materials are brought to the dorm by the shift supervisor. The dorm JDO controls all chemical cleaning materials. The residents clean and mop their rooms and day area as the dorm JDO sprays cleaning agents on the surface to be cleaned. Pre- adjudicated residents do not have an opportunity to work community service hours, as they have not been adjudicated with court-ordered community service hours. §343.37(d) 111 KERB COUNTY JUVENILE FACILITY KERR COUNTY Policy & Procedure SECTION: 48 Sabcbapter I): Records Standard: T.IP(." §343.48{a)(1-3)(b)(1}(2) Subject: Facility Records Policy: The facility maintains personnel and resident records on site. Personnel records are kept in a locked file cabinet located in the administration area of the facility. The Facility Administrator, Maintenance Director, and the Administrative Assistant are the only staff that has access to the keys that unlock the file cabinet. The residents' files are kept in a locked file cabinets behind a locked door. §343.48(b)(2) §148.508(a-d) The Facility Administrator, and the Administrative Assistant are the only staff that has access to the keys that unlock the room and file cabinets. Resident green active files and neutral inactive files are kept in this area. §343.48(b)(1) Resident files are maintained for six (6) years after discharge date and five (5) years after the resident turns 18. Some resident inactive files are kept in a locked office in locked file cabinets located in the facility annex. JDOs are trained in the proper documentation requirements for dorm logbooks, behavior logs, consequence logs, etc. for each resident. Completed logbooks are stored in the locked room along with the resident files. These used logbooks are stored for five (5) years. Procedure: All JDOs will maintain the dorm logbook during their respective shift. Resident counts. time out requests and duration times, structure assignments, physical restraint notations, residenbdorm behavior notes, notation of other staff on and off dorms, and pass-on information to fellow staff is the type of documentation made in the dorm logbooks. §343.48(a)(1) Each dorm maintains a dorm notebook. The notebook contains an information sheet on each resident assigned to that dorm. The bedroom and bed assignments are filed in this notebook. Each resident has a "daily behavioral sheet" or "comment sheet" that each staff on each shift is responsible for maintaining. A general description of each resident's behavior will be noted on the behavioral sheet before the end of each JDOs respective shift. Each resident has a "consequence report sheet". When a resident is issued a consequence, the time and date the consequence was issued, duration of consequence, and completion date will be noted on this form. Each resident has an "approved contact sheet". This form indicates the approved person(s) that the resident may write letters to, receive letters from, make telephone calls to, and receive visits. 112 The facility maintains a "Daily Population Report" can be produced through caseworker. This document is updated on a daily basis. The report indicates the dorm and bedroom assignment along with the phase level each resident has achieved. A daily population sheet is generated at 0500 each day, which reflects the daily population count, admissions & releases, resident identification, and dorm room assignments; this can be produced through caseworker. §343.48(a)(2)(3) 113 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 48 Subchapter D: Records Standard: ',TJPC §343.48Qa)(2){c}{1-251{d)(1-'lli) Subject: Resident Records and Information Policy: Resident files created at KCJF are stored for six (6) years after discharge date. Each resident has an individual file throughout his placement stay at the facility. The file is well maintained and organized. All facility staff is trained to protect resident records and other resident-identifying information from destruction, loss, tampering, and unauthorized access, use or disclosure. Active residents' files are maintained at the facility and inactive files, if stored off-site, are fully protected. All original resident files are maintained in the State of Texas. Information regarding residents seeking treatment through Texas county juvenile probation deparhnents will be protected. All electronic resident information shall be protected to the same degree as paper records. The facility complies with Federal and State confidentiality laws and regulations, including 42 Pt.2 Federal regulations on the Confidentiality of Alcohol and Drug Abuse Patient Records, Texas Health & Safety Code Ann. Ch. 611, and the Health Insurance Portability and Accountability Act of 1996 (HIPPA). The facility also protects the HIV information compiled from the volunteer efforts of the local medical health provider as required in the Texas Health & Safety Code Ann. §81.103. Procedure: Kerr County Juvenile Facility staff, volunteers, and teachers do not acknowledge the presence of a resident or disclose any resident-identifying information unless: §343.48(b)(2) • The resident gives full written consent • The disclosure is authorized by an appropriate court order • The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation • The disclosure is otherwise pennitted by law In the case of law enforcement officers seeking a resident, KCJF staff will adhere to the following procedures: • Staff will allow the officers to enter the building and search according to the search warrant. The search warrant must contain KCJF's address and state the specific information to be searched. 114 The officers must sign in on the "sign-in sheet" in the facility lobby. Staff will explain resident confidentiality and re-disclosure laws. Staff will complete an incident report detailing the events that took place. Whether or not an arrest warrant contains a judge's signature, the warrant usually is not sufficient to waive resident confidentiality laws. The warrant must contain the particular verbiage to override CFR 42 rules and statutes. It must contain wording which describes that public interest overrides the resident's privacy rights. If an officer is insistent upon entering and arresting a resident without proper authorization, the staff are to be careful and conduct themselves as follows to avoid being arrested or chazged with "Obstruction of Justice": • Instruct the officer(s) that the warrant is not sufficient to override rules from the CFR 42. • If the officer is still adamant about entering and arresting the resident, then request that the officer sign a statement that he/she has been explained that he/she will be violating a federal administrative code to arrest the resident. • Inform the officer(s) at this point that the AOD must be notified and a facility administrator must be present to oversee the situation. • If the officer is still adamant about entering and arresting the resident, do not impede the officer's attempt to remove the resident. • If the officer refuses to sign the statement, then clearly document the events immediately following the officer's departure. • Notify the AOD immediately. • Document all events, including specific statements, etc., on an incident report. • A copy of the incident report will be faxed to TJPC and DSHS (if it is a substance abuse treatment resident) within 24 hours. The report must indicate that CFR 42 has been violated. If all of the above-described steps are followed, then the officer has violated the statute and not KCJF or any of its staff. Document it as such. KCJF staff must respond to a subpoena. Staff must appear as stipulated by the subpoena. If copies of a resident's file are required for the court appearance, the attorney requesting the information must provide legal documentation requesting the copies of the file. Resident records that must be transported for any reason must be placed in a locked transportable cabinet/case. After the mandatory six (6) years maintaining resident records at the facility or off-site in a secured area, said records maybe destroyed. However, a record of the resident's name, social security number, date of birth, and dates of admission/release must be kept on file. 115 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 51 Snbchapter D: t2ules and Discipline Standard: TaPC' §343.51(a)(1-3)(h)(1-4)(A-C)(5)(A)(B)(6)(A-D} ~343.45(fj(A) §343,1 2(h} Subject: Facility Rules and Resident Grievance Procedure Policy: Within 24-hours of admission, each new resident will be informed of the rules, consequences, and privileges associated with their program. This information will contain a review of the facility grievance procedure available to every resident. The resident and staff will sign the form indicating that the resident has been advised of the grievance procedures. §343.45(f)(A) Issues that have not been resolved through informal procedures maybe resolved through the grievance process. The facility responds to all grievances promptly and objectively. §343.51(a)(2) KCJF staff, volunteers, and teachers shall not discourage, intimidate, harass, seek retribution against, verbally or physically abuse, use corporal punishment against, or allow injury or control by other residents to those who try to exercise their rights or file a grievance. Residents aze rewarded for positive behavior on an individual basis by receiving privileges. Privileges are designed to be earned and maybe revoked according to treatment necessities. Facility rules of conduct outline specific infractions along with consequences for negative behavior. The rules are reviewed on an annual basis and revised as needed. Procedure: §343.12(h) Residents are apprised of the facility rules and consequences within 24-hours of admission. Residents are required to obey all rules. However, KCJF staff will respect and adhere to the rights of all residents placed at the facility. If a resident feels his rights have been violated in any way, he has the right to file a grievance. Informal procedures such as group discussions, huddle-ups, and/or individual discussions should be utilized to resolve any issues a resident may have regarding staff, another peer or peers, facility rules, and/or facility procedures. Staff shall be available to discuss such complaints. If an informal resolution cannot be made, the resident should complete a grievance request. §343.51(a)(3) If the resident cannot read or write, an impartial peer or staff will assist the resident in writing the grievance. Grievance forms are kept in the folder on dorm. Residents requesting a grievance form must ask staff. Under no circumstances will staff deny this request. Under no circumstances will staff ask the resident the nature of the grievance. Staff will issue the resident a pencil to fill out the form. After the completion of the grievance form, the staff will radio the shift supervisor to come to the dorm regarding a grievance. The resident writing the grievance will fold the form and be escorted to the drop box on dorm by the shift supervisor. The grieving resident will place the form in the locked grievance box attached to the wall of the dorm. The shift 116 supervisor holds the only key to the grievance box. He/She retrieves all grievances from the box each working day. Grievances written on weekends and holidays are retrieved the next working day. All grievances shall be recognized within 24 hours (72 hours on weekends and holidays). The shift supervisor investigates the grievance and informs the resident of the findings and recommendations within seven (7) calendar days of the decision, but no longer than thirty (30) days following the date of the grievance. The shift supervisor evaluates the grievance thoroughly and objectively, obtaining additional information as needed in a prompt and fair manner. If more than seven (7) days is necessary due to investigation process, the resident shall be informed of the status, including actions that have been taken and actions that will be taken with an approximation on when the grievance will be resolved. The resident shall be informed of progress and approximations of outcomes every seven (7) calendar days for the duration of the investigation. Once the investigation is concluded, the shift supervisor will inform the resident face to face and in writing of the conclusion. The resident has the right to agree or disagree with the conclusion. If the resident disagrees, he must do so in writing. At this point the Facility Administrator will conduct another investigation and arrive at a conclusion. The same time frames apply with an investigation conducted by the Facility Administrator. If the resident does not agree with the Facility Administrator's conclusion, he/she may appeal, in writing, to the Kerr County Judge or his/her designee will conduct another investigation with the same time frames. If any of the above outlined investigations find that the resident did not commit a rule violation, all privileges removed during the investigation will be immediately reinstated and the incident report will be removed from his file. Residents have the right to grieve directly to TJPC. The resident must be provided with the required writing tools to write TJPC. If the resident wishes to call either or both agencies regarding a grievance, the agency telephone numbers shall be made available to the resident. The addresses and telephone numbers of this agency are: Texas Juvenile Probation Commission P.O. Box 13547 Austin, TX 78711 1 (512) 424-6710 The resident grievance procedure is legible and posted prominently on each dorm where residents have the opportunity to read it at their leisure. All KCJF staff, volunteers, and teachers are instructed on the residents' grievance procedures. Staff makes every effort to resolve the grievance informally by discussing the situation or circumstances with the resident. Staffs who are involved in the grievance will not be included in the decision- making concerning the grievance. Staff will record all grievance requests on the "daily chronological report" and in the dorm logbook. All concluded grievances are kept in a central file in the administrative assistants office. 117 If a resident violates a major rule, such as assaulting a staff and/or peer, destroying/damaging facility property, attempting to escape, escaping, obtaining dangerous contraband, misusing medication of any kind, using illegal drugs, alcohol and/or tobacco products, etc., the resident will be given written notice of the rule violation. He will be informed of the consequence associated with the violation. The resident may take the following measures: 343.51(a)(1)(b)(1-4)(A-C)(5)(A)(B)(6)(A-D) • Accept the consequence • File a grievance and follow the above procedures • Request an informal appeal of the consequence- (in this order) speak to the shift supervisor • Facility Administrator • If the resident does not agree with the informal appeal decision, he may request a disciplinary hearing. • A hearing will be scheduled and an impartial person or panel will be selected to preside over the hearing. o The hearing shall be conducted no later than seven (7) calendar days from day of request. o The resident may make a statement, present evidence, and request witnesses. o A written record of the hearing shall be made. o A copy of the hearing disposition will be given to the resident and the original disposition will be placed in the resident's file along with supporting documentation. • If the resident does not agree with the hearing conclusion, he may appeal to the Facility Administrator or designee. • The resident must appeal the hearing decision in writing in no less than five (5) but no longer than fifteen (15) calendar days from the decision date. • Appeals will be concluded within 30 calendar days of appeal submission by the resident. • The decision of the appeal process will be provided to the resident in writing. Kerr County Juvenile Facility staff shall put forth every effort to be clear and concise regarding the enforcement of rules and consequences. The same effort shall be made regarding resident privileges. Consistency and fairness are the two key elements in forgoing any misunderstandings regarding rules and consequences. Documentation is vital for the proper conclusions to be obtained in the case of an investigation and/or explanation of rule violations to residents. The facility rules, consequences, and privileges are posted on each dorm. Residents are allowed to read and review these documents at their leisure. 118 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 60 Subchapter E: Restraints Standard: TJP(' §343.50 Subject: Definitions Policy: The following works/terms regarding physical and mechanical restraint shall have the following meanings: Approved Physical Restraint Technique-("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. The approved physical restraint technique shall be approved for use by TJPC and adopted by the juvenile board. The approved physical restraint used by Kerr County Juvenile Facility staff is "Handle With Care." Approved Mechanical Restraint Devices-("mechanical restraint") A professionally manufactured mechanical device to aid in the restriction of a person's bodily movement. The approved mechanical restraint shall be approved by TJPC and adopted by the juvenile board. The following are used by Ken County Juvenile Facility staff and are approved of by TJPC: o Ankle Cuffs-Metal, cloth or leather band designed to be fastened around the ankle to restrain free movement of the legs. o Handcuffs-Metal devices designed to be fastened around the wrist to restrain free movement of the hands and arms. Physical Escort-Touching or holding a resident with a minimum use of force for the purpose of directing the resident's movement from one place to another. A physical escort is not considered a physical restraint. Restraints-Physical or mechanical, or chemical. Kerr County Juvenile Facility does not use a restraint chair or chemical restraints. 119 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 61, 62, 63, 64, & 65 Subchapter F..: }testraints Standard: TJPCy~'343.61{1){2)(A-C}(3-7) ~343.62(I-10) §343.64 X343.65{i)(A-C`)(2}{.--A-(,) §343.68(c) Subject: Regulations for Using Physical and/or Mechanical Restraints Policy: KCJF is a juvenile corrections facility under the certifying authority of the Texas Juvenile Probation Commission. Due to the nature of the residents, authorization to place a resident in a physical restraint, mechanical restraints, or in seclusion is determined by the supervising officer on duty. Staff at KCJF take every measure to ensure safety in crisis situations. Staff are trained to carefully follow the procedures regarding the use of the "time-out" strategy and physical and mechanical restraint techniques. Staff use physical and/or mechanical restraints only as a last resort for residents who present a threat of imminent self-injury, injury to others, serious property damage, or prevention of escapes. §343.61(3)(4) Under no circumstances shall restraint techniques be used as a punishment, discipline, retaliation, harassment, compliance, intimidation, as a substitute for the time-out strategy, or for dorm restriction. §343.62(1) All JDOs are certified in "Handle With Care" physical restraint technique and are re-certified on an annual basis. §343.61(2)(A) §343.64 All JDOs are trained in the use of approved mechanical restraints used by the facility. §343.61(2)(C) Only the facility juvenile detention officers are allowed to use physical and/or mechanical restraint techniques. §343.61(1) The facility does not have standing orders to apply restraints or place a resident in seclusion. Restraints or seclusion will not last for more than 12 hours unless the resident remains a threat to others or themselves. Procedure: In situations when a resident is non-compliant, all verbal de-escalation techniques should be used to restore calm to the situation. Huddle-ups, individual counseling/redirection, peer/group positive feedback sessions, and the use of the time-out strategy shall be utilized. If the resident's behavior continues to escalate to the point of imminent threat of self-injury, injury to others, serious property damage, or possible escape, then restraining the resident is warranted. At this point, only the amount of force and restraint type will be used to control the situation. The resident's safety and security are kept in primary focus when the use of restraint techniques is implemented. The time period for holding a resident in a restraint technique will terminate as soon as the resident is no longer an imminent threat ofself-injury, injury to others, a threat of damaging facility property, 120 and/or attempting to escape. Anon-compliant resident shall be removed from a group situation to begin the de-escalation process. If this is not possible, staff shall radio the shift supervisor to remove the group from the individual situation. The following procedures will be followed regarding situations requiring a restraint technique application: • Staff will radio shift supervisor before applying restraint (if the situation is such that a restraint must be applied immediately, i.e. assaultive situations, attempting escape, suicide attempt in progress, etc., then the staff will restrain the resident then radio the shift supervisor) • Shift supervisor will assess the situation and approve or disapprove the request for a restraint. • If the resident must be restrained, the shift supervisor will either assist in the restraint or supervise the rest of the dorm group, which ever is required. • Once the resident has been restrained, every measure will be taken to protect the resident's safety and security. Staff administering the restraint will have continuous dialog with the resident as to his well being so as not to inflect pain. Staff will repeatedly ask the resident if his breathing is restricted. If the resident indicated that he has difficulty breathing, the staff will terminate the restraint immediately. Only the amount of force required to control the situation will be used. Excessive force is not permitted. §343.62(5-9) • Residents will never be permitted to restrain or assist in restraining other residents. • The TJPC-approved physical restraint technique is Handle With Care. Excessive sustained pressure on the back or chest cavity is prohibited. §343.62(10) • A physical restraint shall be terminated as soon as the resident's behavior indicates that the threat of imminent self-injury, injury to others, serious property damage, or prevention of escape has subsided. • Incidents requiring the application of a restraint must be written within 24 hours of the incident. An "incident report forn" will be filled out and attached to a "restraint report form". All de-escalation techniques will be listed in the report. • If a resident injures himself during a restraint, medical attention will be provided immediately by staff. If the resident requires medical attention by a medical health professional, medical emergency transportation procedures will be implemented. • If mechanical restraints are required to prevent a resident from imminent self- injury, injury to others, serious property damage, or prevention of escape, the same notification procedures will be implemented as for a physical restraint. • Once the restraint using physical or mechanical restraint techniques has terminated, the shift supervisor will notify the AOD. • All situation requiring restraints or escalated events will be video taped and reviewed by the Assistant Facility Administrator. Using mechanical restraints on residents during a routine transport does not constitute a "restraint" for control situations. §343.68(c) Mechanical restraints used during resident transports shall be removed upon completion of the resident's relocation. All mechanical restraint devises will be inspected by the shift supervisor for proper operating abilities each week, on Sundays between the hours of 6:00 a.m. and 6:00 p.m. This inspection 121 will be logged in the shift supervisor logbook with the inspecting supervisor's signature, date and time of the inspection. Mechanical restraints: §343.65(1)(A-C) • Shall never be altered from the manufacturer's design §343.65(2)(A) • Maybe applied to a resident that has been placed face down, but once the mechanical restraints have been applied, the resident must be brought up from the face down position immediately. §343.62(4) §343.65(2)(B) • Shall never be secured with the resident in a prone position with his arms and/or hands behind his back and secured to his legs. §343.65(2)(C) • Shall never be secured to any part of a moving vehicle while attached to a resident or secured to a stationary object. §343.65(2)(E) • Shall never be applied to a resident in such a way as to impede circulation or chafe the skin. §343.65(2)(D) • Restraint shall not deprive the resident of basic human necessities such as restroom, water, food, and clothing. §343.62(2) • Restraint shall not inflict pain. §343.62(3) Residents in mechanical restraints will not participate in any physical activity. §343.65(2)(F) Documentation of a restraint must contain the following minimal information: §343.63(1- 10) • Resident's name • Administering staff name and title • Date of restraint • Duration ofrestraint-approximate time restraint began and ended • Location of restraint • Description of situation leading up to the restraint • Behavior that prompted the restraint & release • Description of de-escalation techniques used to prevent restraint • Type of restraint used (physical or mechanical) • Any injury that the resident may have incurred & treatment and response • Name of JDO applying restraint or seclusion • Personal needs attended The time-out/room confinement de-escalation technique is the most effective strategy used at the facility to detour a possible restraint. The following procedures shall be followed regarding the use of time-out: • Either staff or the resident may request atime-out from an activity. The dorm group may not request that a resident take atime-out from the group. • The resident is then allowed to take atime-out either on the dorm or in the secured hallway of education and dorm area. • If the staff requested the resident to take the time-out, the reason for the request will be explained to the resident. • If the resident is in the dorm taking atime-out, staff will monitor and record observations of behavior in staggered 15 min. intervals not to exceed a continuous 55 minutes on the "observation" form. • If the resident is unable to regain control after 55 minutes, staff will notify the shift supervisor. The shift supervisor will then remove the resident from the 122 time-out room for individual dialog. If the resident insists, he may return to the time-out room and the observation notes will resume. 123 KERB COUNTY JUVENILE FACILITY KERB COUNTY Policy & Procedure SECTION: 68 Subchapter F.: Restraints Standard: T<1PC" §343.58{a)(b) Subject: Transporting Residents Outside Facility Policy: Vehicles owned, operated and/or leased by Kerr County Juvenile Facility under the operations of Kerr County, shall be maintained and operated in accordance with safe practices and procedures. Residents maybe transported in county vehicles. Procedure: Kerr County Juvenile Facility owns each facility vehicle. Each vehicle is inspected annually by an authorized inspector. These vehicles receive a regular oi] change every 3,000 miles it is operated. Each vehicle has appropriate insurance coverage. Each vehicle has a current safety inspection sticker and license. All staff that is authorized to drive a facility vehicle holds a valid driver's license. Drivers and residents will wear seatbelts at all times the vehicle is in operation. A facility vehicle shall not be used to transport more passengers than designated by the manufacturer. Drivers shall not use cell phones while driving unless it is an emergency. The use of tobacco in a facility vehicle is prohibited. Each facility vehicle contains a fully stocked first-aid kit and a fire extinguisher. A mileage log is maintained for each vehicle to insure inspections are conducted in the proper time frame. Residents riding in a facility vehicle may not be affixed to any part of the vehicle or secured to another resident. §343.68(a)(b) 124