section .0100 – general provisions

Link to law: http://reports.oah.state.nc.us/ncac/title 14b - public safety/chapter 11 - division of juvenile justice/subchapter c/subchapter c rules.html
Published: 2015

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SUBCHAPTER 11C - REQUIREMENTS FOR PROGRAMS AND JUVENILE

CRIME PREVENTION CRIME PROGRAMS

 

section .0100 – general provisions

 

14B NCAC 11C .0101       SCOPE

(a)  The rules in this Subchapter establish the requirements

for programs assigned to the Intervention/Prevention and Youth Development

Division within the Department.

(b)  The programs covered by these Rules include the

Governor's One on One Program, the Eckerd Wilderness Camping Program, the

Multipurpose Juvenile Home Program, the Camp Woodson Program, the Support Our

Students Program, the Teen Court Program and Juvenile Crime Prevention Council

Programs.

(c)  These Rules also apply to appropriations for other

programs that are directed by the General Assembly for special projects or

pilot initiatives where the funding and reporting of activities are assigned to

the Department.

 

History Note:        Authority G.S. 143B-516(b)(8);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0101 Eff. June 1, 2013.

14B NCAC 11C .0102       DEFINITIONS

In this Subchapter the following term has the listed

meaning:  Individual Plan of Care.  A written record maintained on each

juvenile served by programs operated by funding support received from the

Department which shall include the following elements:

(1)           A schedule of planned program activities;

(2)           Any other specially designed activities to meet the

needs of an individual client;

(3)           The anticipated length of stay;

(4)           Specific behavior and attitude changes expected to

result from the implementation of the Plan of Care;

(5)           A method of evaluating a program impact on such

things as self esteem, academic performance, personal enrichment, social growth

and development, delinquent behavior, school attendance; and

(6)           A mechanism for periodic review and revision based

on progress or lack thereof.

 

History Note:        Authority G.S. 143B-516(b)(8);

143B-516(b)(9);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0102 Eff. June 1, 2013.

 

SECTION .0200 - GRANT ADMINISTRATION FOR SPECIAL PROGRAMS

 

14B NCAC 11C .0201       FUNDING REQUIREMENTS

(a)  All of the programs within the Intervention/Prevention

and Youth Development Divisions shall be funded by contractual agreement

between the organizations receiving the funds and the Department with the

exception of Camp Woodson and the Eastern North Carolina Wilderness Camp for

Juveniles.

(b)  Each contract shall specify the authorized expenditures

of the contractual agreement and shall detail those expenditures through a

line-item budget as well as by a narrative description.

(c)  Programs receiving funding from the Department under

contractual agreement shall provide documentation of actual expenditures.

(d)  Failure to comply with provisions of contractual

agreements may result in forfeiture or repayment of funding.

(e)  Any funds received under a contractual agreement and

not expended during the contract period shall be returned to the Department.

 

History Note:        Authority G.S. 143B-517; 143B-516(b)(10);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0201 Eff. June 1, 2013.

 

SECTION .0300 - CLIENT PROTECTION AND SAFETY

 

14B NCAC 11C .0301       EMPLOYMENT POLICIES

(a)  Personnel in programs supported by funding from the

Department shall be employees in good standing with a local governmental agency

or with a private sector organization.

(b)  For each position within programs operated by or

receiving Department funding support there shall be a written job description

detailing the primary duties of the position and stating the minimum education

and experience requirements.

(c)  In addition to the rules in this Chapter, individuals

employed by programs receiving funding support through the Department shall be

subject to the employment policies and procedures of the program receiving and

administering that funding support.

 

History Note:        Authority G.S. 143B-512(a),

143B-516(b)(9);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0301 Eff. June 1, 2013.

 

14B NCAC 11C .0302       APPROPRIATE CARE AND TREATMENT

(a)  Procedures or philosophies that encourage or promote

consistent patterns of humiliation, verbal abuse, manhandling, use of fear tactics,

intimidation, or infliction of physical pain are prohibited.

(b)  This Rule shall apply to staff, residents, and

contracted services supported by Departmental funds. Programs funded by the

Department shall make no referrals to programs or service providers who are

known to violate this Rule.

 

History Note:        Authority G.S. 143B-516(b)(4);

143B-516)(6); 143B-516(b)(9);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0302 Eff. June 1, 2013.

 

14B NCAC 11C .0303       BEHAVIOR MANAGEMENT AND DISCIPLINE

(a)  In determining appropriate discipline, each program

shall consider the child's age, intelligence, emotional makeup, and past experience.

(b)  Each program shall develop and adhere to a written

policy regarding behavior management and discipline which includes the

following requirements:

(1)           Physical or corporal punishment shall not

be permitted;

(2)           Physical or mechanical restraint shall be

used only when necessary to protect a child from physical injury to self or

others or when transporting a juvenile who is being held under a secure custody

order;

(3)           No juvenile shall be place in a locked room

or other place, except for juveniles being held under a secure custody order;

and

(4)           Meals or nourishment shall not be denied.

 

History Note:        Authority G.S. 143B-516(b)(4);

143B-516(b)(5); 143B-516(b)(9);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0303 Eff. June 1, 2013.

 

14B NCAC 11C .0304       SOLICITATION OF FUNDS AND JUVENILE

PUBLICITY

(a)  Juveniles and their families served by any program

funded by the Department shall not be required to raise or solicit funds for

any agency.  They may, however, organize or participate in fund raising

activities on a voluntary basis.  Individual juveniles may participate with

written parental permission.

(b)  Pictures or any other means of identifying children may

not be used in public relations efforts for the program, unless a written

statement of permission is obtained, signed by the child and either a parent or

legal guardian.

(c)  No juvenile shall be coerced or pressured into

acknowledging in public his treatment at the agency or his gratitude for the

treatment.

 

History Note:        Authority G.S. 143B-516(b)(4);

143B-516(b)(5); 143B-516(b)(9);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0304 Eff. June 1, 2013.

 

14B NCAC 11C .0305       ALCOHOL AND OTHER DRUG POSSESSION AND

USE

Program managers, direct services staff, and volunteers of

programs funded by the Department shall not possess or consume or be under the

influence of any alcohol or controlled substance without a prescription while

engaged in any program activities.

 

History Note:        Authority G.S 143B-516(b)(4);

143B-516(b)(5); 143B-516(b)(9);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0305 Eff. June 1, 2013.

 

14B NCAC 11C .0306       FIREARMS AND OTHER WEAPONS

Program managers, direct services staff, and volunteers

shall not use or be in possession of any firearms or other weapons while

working with youth in programs funded by the Department.

 

History Note:        Authority G.S. 143B-516(b)(4);

143B-516(b)(5); 143B-516(b)(9);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0306 Eff. June 1, 2013.

 

14B NCAC 11C .0307       OPPORTUNITIES FOR RELIGION PROVIDED

Residential programs funded by the Department shall provide

opportunities for individual children to participate in religious services and

other religious activities within the framework of their individual and family

interest at the parent, juvenile or legal guardian's request.

 

History Note:        Authority G.S. 143B-516(b)(4);

143B-516(b)(5); 143B-516(b)(9);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0307 Eff. June 1, 2013.

 

14B NCAC 11C .0308       INSURANCE REQUIRED

Each program funded by the Department, other than programs

operated by units of local government, shall maintain liability insurance in

the amount of five hundred thousand dollars ($500,000) to cover any juvenile

participating in the program and provide documentation of such at the request

of the department.

 

History Note:        Authority G.S. 143B-516(b)(4);

143B516(b)(5); 143B-516(b)(9);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0308 Eff. June 1, 2013.

 

14B NCAC 11C .0309       SAFETY CONCERNS

(a)  All programs funded by the Department shall ensure that

safety measures, which include trained staff and safety equipment, are in place

for all program sponsored functions.

(b)  During periodic on-site visits by officials

representing the Department, programs shall provide written documentation of

staff training and competency in all program activities authorized by the

contract.

(c)  All residential programs shall comply with all state

and federal licensure requirements.

 

History Note:        Authority G.S. 143B-516(b)(4);

143B-516(b)(5); 143B-516(b)(9);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0309 Eff. June 1, 2013.

 

SECTION .0400 - PROGRAM REQUIREMENTS

 

14B NCAC 11C .0401       STAFF ORIENTATION AND TRAINING

(a)  All programs funded by the Department must provide for

staff and volunteer orientation and training. Written documentation of the

program orientation and training policies and plans must be available upon

request.

(b)  All programs must provide personal and professional

development training for staff and volunteers.

(c)  All programs must provide training for direct service

staff in basic youth interactions skills.

(d)  All professional and volunteer staff who lead program

activities which require special skills or certification must be trained in the

skills necessary for each particular activity.

(e)  All programs providing treatment services shall employ

staff who are eligible by degree or credential to provide such treatment, or

who receive clinical supervision by someone who is eligible to provide such

treatment.

 

History Note:        Authority G.S. 143B-516(b)(4);

143B-516(b)(5); 143B-516(b)(9);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0401 Eff. June 1, 2013.

 

14B NCAC 11C .0402       EMERGENCY PLAN

(a)  Each program shall develop and distribute to staff

members and volunteers an emergency plan which includes names and phone numbers

of individuals to be notified in emergency situations that may occur during

program activities.

(b)  The emergency plan must provide that in the event of an

emergency resulting in a serious injury to or death of a program staff member,

participant or volunteer the Department shall be notified immediately.  This

plan shall include the after hours phone numbers of individuals designated

within the Department.

 

History Note:        Authority G.S. 143B-516(b)(4);

143B-516(b)(5); 143B-516(b)(9);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0402 Eff. June 1, 2013.

 

14B NCAC 11C .0403       ADMISSION GUIDELINE REQUIREMENTS

(a)  All programs receiving funding support from the

Department shall develop within admission guidelines covering age and gender appropriateness,

the primary reasons for which juveniles are considered for admission and any

applicable admission restrictions that may apply.

(b)  All programs shall provide a response to referring

agencies regarding their admission decision within 15 days of the referral.

 

History Note:        Authority G.S. 143B-516(b)(3);

143B-516(b)(4); 143B-516(b)(5); 143B-516(b)(9);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0403 Eff. June 1, 2013.

 

14B NCAC 11C .0404       RECORD OF CLIENT CONTACTS AND INDIVIDUAL

PLAN OF CARE

(a)  All programs shall maintain a written record of contact

with clients that includes:

(1)           The date of admission, source of and reason

for referral and a summary of the problems the client was experiencing at the

time of the referral;

(2)           A record of the dates and activities of the

client program participation;

(3)           The date and reason for termination from the

program; and

(4)           An Individual Plan of Care.

(b)  All information in the client's record shall be

considered privileged and confidential and may be released only as required by

law.

 

History Note:        Authority G.S. 143B-516(b)(4);

143B-516(b)(5); 143B-516(b)(9);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0404 Eff. June 1, 2013.

 

14B NCAC 11C .0405       REQUIREMENT OF RELEASE POLICY

Programs shall develop written policies governing

documentation of the release of clients.  Release records shall include:

(1)           The last date of program contact;

(2)           The reason for release;

(3)           A listing of all persons and agencies who receive

notice; and

(4)           The name of any agency contact person for

additional information concerning the clients' progress during the program.

 

History Note:        Authority G.S. 143B-516(b)(4);

143B-516(b)(5); 143B-516(b)(9);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0405 Eff. June 1, 2013.

 

14B NCAC 11C .0406       PROGRAM EVALUATION

(a)  All programs shall collect and submit statistical

information designed to measure the program effectiveness in correcting the

program behaviors and underlying causes of delinquency and undisciplined

behavior.

(b)  Programs must develop strategies for measuring key

behavior changes for at least 12 months after termination of services.

(c)  Each program shall provide an evaluation design detailing:

(1)           The expected benefits of the program;

(2)           The specific data that will document

success;

(3)           A specific schedule for reporting results;

and

(4)           A listing of those agencies and individuals

who will receive the results.

 

History Note:        Authority G.S. 143B-516(b)(4);

143B-516(b)(5); 143B-516(b)(9);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0406 Eff. June 1, 2013.

 

SECTION .0500 - ENFORCEMENT PROCEDURES

 

14B NCAC 11C .0501       COMPLIANCE MONITORING

Compliance with the provisions of this Subchapter shall be

monitored by on-site visits conducted by or authorized by the Department and by

review of periodic reports documenting the provisions of the contractual

agreement between the program and the Department.

 

History Note:        Authority G.S. 143B-516(b)(4);

143B-516(b)(5); 143B-516(b)(9);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0501 Eff. June 1, 2013.

 

14B NCAC 11C .0502       CORRECTIVE ACTION AND PENALTIES

(a)  When any of the terms of the contract are documented to

have been violated through the monitoring and evaluation of program requirements,

the Department shall take measures to correct the violation.

(1)           Where violations of state or federal law

are documented the Department shall notify law enforcement officials; and

(2)           Where conditions or practices are found

within a program that create a threat or danger to students or staff the

following measures shall be taken:

(A)          Notification to local Division of Social Services

and if appropriate law enforcement;

(B)          Notification to designated Departmental officials;

(C)          Discontinuation of all funding and request for

complete fiscal audit of the program; and

(D)          Maintenance of detailed written records of all

actions taken until any issues of harm or danger are resolved.

(b)  Where allegations or information indicates that

conditions or practices may exist which constitute a threat or danger to staff

or students within a program the Department shall conduct an on-site visit to

the program.  Additionally the following measures shall be taken:

(1)           Notification to designated Departmental

officials; and

(2)           Maintenance of detailed written records of

all actions taken until any issues regarding harm or danger are resolved.

(c)  Where the program refuses to make good faith efforts to

correct violations identified in the monitoring and evaluation process and

where such refusal adversely impacts or affects the quality of services or

reduces the number being served, the Department may:

(1)           Impose the penalties provided for in the

contractual agreement; or

(2)           Without notice, terminate the contract.

 

History Note:        Authority G.S. 143B-516(b)(4);

143B-516(b)(5); 143B-516(b)(9);

Temporary Adoption Eff. July 15, 2002;

Eff. April 1, 2003;

Transferred from 28 NCAC 03A .0502 Eff. June 1, 2013.