505 KAR 2:120. Rules and discipline.
RELATES TO: KRS 15A.210-15A.240
STATUTORY AUTHORITY: KRS 15A.210
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 15A.210 mandates that the Department of Juvenile Justice issue administrative
regulations governing juvenile detention centers and juvenile holding
Section 1. (1) All requirements in
this administrative regulation shall be applied with consideration for the
range of ages and maturity found in a juvenile detention facility in
consideration of the juveniles' social-emotional ages, which may vary more than
their physical ages.
(2) The facility shall adopt written
rules of juvenile conduct which specify acts prohibited within the institution
and penalties that may be imposed for various degrees of violation. The written
rules shall be reviewed annually and updated if necessary. The use of tobacco
products by juveniles shall be prohibited.
(3) A rulebook that contains all
chargeable offenses, ranges of penalties and disciplinary procedures shall be
posted in a conspicuous and accessible area; a copy shall be made available to
each juvenile and staff member, and shall be translated into those languages
spoken by significant numbers of juveniles. When a literacy or language problem
prevents a juvenile from understanding the rulebook, a staff member or
translator shall assist the juvenile in understanding the rules.
(4) All personnel who deal with
juveniles shall receive in-service training so that they shall be thoroughly
familiar with the rules of juvenile conduct, the sanctions available, and the
rationale for the rules.
(5) There shall be written guidelines
for informally resolving minor juvenile misbehavior.
(6) The facility shall adopt and
enforce written policies and procedures which:
(a) Specify that room restriction for
minor misbehavior serves only a "cooling off" purpose, shall be short
in time duration, with the time period - fifteen (15) minutes to sixty (60)
minutes - specified at the time of assignment;
(b) Require that prior to room restriction,
juveniles have the reasons for the restriction explained to them and have an
opportunity to explain the behavior leading to the restriction;
(c) Require that employees prepare an
incident report where they have a reasonable belief that a juvenile has
committed a major violation of facility rules or reportable minor violations.
Incident reports prepared by staff members shall include, but are not limited
to, the following information:
1. Specific rules violated;
2. A formal statement of the event;
3. An explanation of the event, which
should include who was involved, what transpired, and the time and location of
4. Unusual juvenile behavior;
5. Staff witnesses;
6. Disposition of any physical
7. Any immediate action taken, including
the use of force;
8. Reporting staff member's
9. Date and time report is made.
(d) Specify that juveniles placed in
confinement status shall be afforded living conditions and privileges
approximating those to the general juvenile population. Exceptions shall be
justified by substantial evidence;
(e) Provide that the incident report
shall be removed from all files of juveniles found not guilty of an alleged
(f) Each facility shall develop a
procedure to ensure the youth’s due process for appealing disciplinary
(g) Ensure that prior to privilege
suspension the juvenile has the reasons for the restriction explained to him,
and has an opportunity to explain the behavior leading to the suspension; and
(h) Provide that in instances in
which a juvenile is alleged to have committed a crime, the case is referred to
appropriate law enforcement officials for possible prosecution.
(7) During room restriction staff
shall visibly check the juvenile at least every fifteen (15) minutes, depending
on his emotional state.
(8) When a juvenile has been charged
with a major rule violation requiring confinement status for the safety of the
juvenile or other juveniles, or to ensure the security of the facility, the
youth may be confined for a period of up to twenty-four (24) hours. Confinement
status for periods of over twenty-four (24) hours shall be reviewed every
twenty-four (24) hours by the administrator or his designee who was not
involved in the incident.
(9) Whenever juveniles are removed
from the regular program, they shall be seen by a designated staff member,
other than the staff member involved in the removal decision, as soon as
possible, but not more than twenty-four (24) hours after removal.
(10) Juveniles held in confinement
status shall be interviewed at least once each day by personnel from
administrative, clinical, social work, religious or medical units.
(11) A log shall be kept stating who
authorized the confinement status, persons visiting the juvenile, the person
authorizing release from confinement status, and the time of the release. (26
Ky.R. 1290; Am. 1551; eff. 2-14-2000.)