505 Ky. Admin. Regs. 1:280

Current through Register Vol. 50, No. 12, June 1, 2024

Section 505 KAR 1:280 - Hair and grooming

RELATES TO: KRS 15A.065, 15A.0652, 200.080-200.120, Chapters 600-645

NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.065(1), 15A.0652, 15A.160, 15A.210, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs. This administrative regulation establishes the requirements for hairstyles and grooming for juvenile detention centers, youth development centers, and group homes.

Section 1. Definitions.

(1) "Cornrows" means a hairstyle in which the hair is arranged in an intricate pattern of tight rows of braids close to the scalp. For people with tightly curled hair textures, this style is not removable by combing or brushing in a brief period of time.

(2) "Dreadlocks" means a hairstyle in which the hair is styled into ropelike sections formed by matting, braiding, or twisting that causes the strands of hair to lock together and due to the locking of the hair is not removable by combing or brushing in a brief period of time.

(3) "Religious exemption" means an approved justification to not be required to conform to a particular grooming standard based upon a sincerely held religious belief.

Section 2. Hairstyles and Grooming.

(1) Each juvenile shall have hair that is clean and styled in a way that does not obscure the face or make the juvenile hard to identify by staff.

(2) A juvenile may wear braids, cornrows, or dreadlocks that are neatly groomed.

(3) A juvenile shall not wear hairstyles that allow hair to fall lower than the eyebrows.

(4) Hairpins and bobby pins shall be prohibited.

(5) A juvenile shall not be allowed to cut or style designs into their hair or color hair after admission to the facility.

(6) Long hair shall be pulled up off the shoulders when on work detail or vocational programming, if safety or sanitation considerations require.

(7) Hairnets shall be provided for and worn by juveniles that work in food service.

(8) Wigs and hairpieces shall not be worn unless medically necessary, and if medically necessary, shall require approval from the Director of Medical Services or designee.

(9) Basic hair care services and culturally sensitive hair care maintenance shall be provided free of charge to the juvenile at least one (1) time a month. Basic hair care services shall include a haircut. Culturally sensitive hair care maintenance shall include basic washing. It shall also include relaxation, if a licensed professional with expertise in culturally sensitive hair care is readily available and relaxation shall require parental permission unless the juvenile has attained the age of eighteen (18).

(10) A juvenile shall be allowed to grow and maintain facial hair not to exceed a length of one-fourth (1/4) inch.

(11) A juvenile shall be issued culturally sensitive hair maintenance items or general hair care products on a daily basis, including combs and brushes.

Section 3. Licensed Professionals.

(1) Only individuals licensed by the Commonwealth of Kentucky as barbers or cosmetologists shall provide hair care and grooming services to a juvenile. Each contracted barber or cosmetologist shall have a documented pre-service orientation training prior to conducting business at a DJJ residential facility, which shall include training on tool control, control of hazardous materials, and other basic procedures.

(2) Security. All tools, equipment, and chemicals used by the barber or cosmetologist shall be in the control of and maintained by the barber or cosmetologist when conducting business at a DJJ residential facility.

(3) Sanitation. The barber or cosmetologist shall adhere to the sanitation standards set for licensure. Equipment used for hair care services shall be sanitized after each use.

(4) Medical Services.

(a) If the barber or cosmetologist observes an open lesion, cut, or wound on the scalp, neck, or facial area, staff shall be notified and the juvenile shall be referred for immediate medical services. If an open lesion, cut, or wound occurs during the barbering process, the supervising DJJ staff shall provide appropriate first aid and the juvenile shall not be provided further barber or cosmetology services until medically cleared.

(b) The facility nurse shall be notified and follow-up with the juvenile for medical consultation regarding the lesion, cut, or wound.

(c) A barber or cosmetologist shall not perform medical therapy on any skin condition.

Section 4. Photograph. If the appearance of a juvenile changes, including a significant change in hairstyle or length or the presence of facial hair, DJJ staff shall obtain an updated photograph of the juvenile to be scanned into the electronic record.

Section 5. Staff prohibited acts.

(1) DJJ staff shall not cut, shave, groom, or style the hair or facial hair of a juvenile.

(2) DJJ staff shall not mandate or order that the hair or facial hair of a juvenile be cut, except if:

(a) A medical condition exists and the action is approved by the Director of Medical Services;

(b) The cutting or styling of designs in the hair represent gang identification symbols or inappropriate language or depictions; or

(c) The hair presents a safety or security concern for the facility or its orderly operation and is approved by the Commissioner.

(3) A juvenile may be required by a juvenile's employer or instructor to restrain or cover hair in a manner that complies with health requirements for food service or other jobs or prevents hair entanglement in equipment.

Section 6. Search.

(1) DJJ may search a juvenile's hair for contraband.

(2) Ordinary search procedures may include:

(a) Passing a hand-held metal detector over the inmate's hair and scalp to determine whether any metal objects are present;

(b) Directing a juvenile to turn the juvenile's head upside down and run their fingers vigorously through the hair including facial hair;

(c) Pressing the hair with the thumb and other fingers or squeezing the hair to detect foreign objects; and

(d) Using a body scanner to search for contraband.

(3) For youth development centers and youth detention centers, a juvenile's hair shall be searched:

(a) At intake; and

(b) After return from a trip outside the facility.

505 KAR 1:280

50 Ky.R. 248, 1093; eff. 3/5/2024.

STATUTORY AUTHORITY: KRS 15A.065(1), 15A.0652, 15A.160, 15A.210, 605.150, 635.095, 640.120, 645.250