La. Admin. Code tit. 67 § V-7513

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-7513 - Admissions and Release

A. Limitations for Admission

1. Pre-admission criteria shall limit eligibility to youth likely to commit a serious offense pending resolution of their case, youth likely to fail to appear in court or youth held pursuant to a specific court order for detention.

2. Status offenders shall be detained at the facility only in accordance with state law, or if they have violated a valid court order and have received due process protections and consideration of less restrictive alternatives to include as required by the Federal Juvenile Justice and Delinquency Prevention Act.(OJJDP Act 42 USC 5633 )

3. Youth with serious medical, mental health needs, or youth who are detectably intoxicated are not admitted into the facility unless and until appropriate medical professionals clear them. Youth transferred from or cleared by outside medical or mental health facilities are admitted only if the facility has the capacity to provide appropriate ongoing care.

B. Intake on Admission

1. The provider shall have written policies and procedures regarding admission to the facility. Upon admission to the facility, the following shall be adhered to:

a. staff shall review inactive files from any previous admission to obtain history on the youth;

b. each youth shall be informed of the process at the initiation of intake;

c. staff shall review paperwork with law enforcement; and

d. staff shall conduct electronic security wand scanner, frisk, and search of the youth.

2. Youth shall be processed into the facility within four hours of admission. Intake for the juvenile justice system shall be available either onsite or through on-call arrangements 24 hours a day, 7 days a week.

3. Screenings shall include approaches that ensure that available medical/mental health services are explained to youth in a language suitable to his/her age and understanding.

4. All screenings shall be conducted by a qualified medical/mental health professional or staff who have received instruction and training by a qualified medical/mental health professional.

5. Screenings conducted by trained staff shall be reviewed by a qualified medical/ mental health professional within 72 hours of admission.

6. The screenings shall occur within two hours of presentation for admission.

7. The screenings shall be in a confidential setting.

8. When a youth shows evidence of suicide risk, the facility's written procedures governing suicide intervention shall be immediately implemented.

C. Admission Screenings

1. Mental Health Screening

a. The provider shall use a standardized, validated mental health screening tool to identify youth who may be at risk of suicide or who may need prompt mental health services. Provider will ensure that persons administering the mental health screening tool are annually trained/re-trained in its administration and the use of its scores, as recommended by the author of the screening tool if more frequent than annually.

b. All youth whose mental health screening indicates the need for an assessment shall be seen by a qualified mental health professional within 24 hours of admission.

2. Medical Screening

a. The screening shall include:

i. inquiry into current and past illnesses, recent injuries, and history of medical and mental health problems and conditions, including:

(a). medical, dental, and psychiatric/mental health problems;

(b). current medication;

(c). allergies;

(d). use of drugs or alcohol, including types, methods of use, amounts, frequency, time of last use, previous history of problems after ceased use, and any recent hiding of drugs in his/her body;

(e). recent injuries (e.g. at or near the time of arrest);

(f). pregnancy status; and

(g). names and contact information for physicians and clinics treating youth in the community.

b. During this screening, staff shall observe:

i. behavior and appearance, indications of alcohol or drug intoxication, state of consciousness, and sweating;

ii. indications of possible disabilities to include but not limited to vision, hearing, intellectual disabilities and mobility limitations;

iii. conditions of skin, bruises, lesions, yellow skin, rash, swelling, and needle marks or other indications of drug use or physical abuse; and

iv. tattoos and piercings.

c. After the screening, staff shall refer the following youth for needed services:

i. youth who are identified in the screening as requiring additional medical services shall be referred and receive an expedited medical follow-up within 24 hours or sooner if medically necessary;

ii. when a youth shows evidence or alleges abuse or neglect by a parent, guardian, or relative, a staff member shall immediately contact law enforcement and DCFS. In situations where a youth shows evidence of or alleges abuse by law enforcement officials, the parish district attorney's office shall be notified.

D. Processing

1. Staff shall document in the youth's file that the youth was allowed to attempt to contact parents/guardians by phone within six hours of arrival at the facility.

2. The provider shall provide the youth food regardless of the time of arrival.

3. Within 24 hours of admission, youth shall receive a written and oral orientation and documentation of the orientation shall be placed in the youth's file.

4. The orientation shall include the following:

a. identification of key staff and roles;

b. policy on contraband and searches;

c. due process protections;

d. grievance procedures;

e. access to emergency and routine health and mental health care;

f. housing assignments;

g. youth rights;

h. access to education, programs, and recreational materials;

i. policy on use of force, restraints, and isolation;

j. behavior management system;

k. emergency procedures;

l. how to report problems at the facility such as abuse, feeling unsafe, and theft;

m. non-discrimination policies;

n. a list of prohibited practices; and

o. facility rules and regulations.

5. Youth shall be showered and given uniforms and toiletry articles. The youth's own clothing may be laundered, then stored and ready for their release. If the youth refuses to have clothing laundered, there shall be documentation in the youth's file of the refusal.

6. Youth admitted to the facility shall be presented in court for a continued custody hearing within 72 hours or released as required in CC Article 819.

E. Admission Assessments

1. Mental Health Assessment

a. Youth shall receive a mental health assessment performed by a qualified mental health professional within 72 hours unless the youth was assessed within 24 hours of admission. The assessment shall include:

i. history of psychiatric hospitalizations and outpatient treatment (including all past mental health diagnoses);

ii. current and previous use of psychotropic medication;

iii. suicidal ideation and history of suicidal behavior;

iv. history of drug and alcohol use;

v. history of violent behavior;

vi. history of victimization or abuse (including sexual victimization and domestic violence);

vii. special education history;

viii. history of cerebral trauma or seizures;

ix. emotional response to incarceration and arrest; and

x. history of services for intellectual/developmental disabilities.

2. Medical Assessment

a. Youth shall receive a medical assessment, performed by a qualified medical professional within 72 hours following admission. The medical assessment shall include the following:

i. a review with the parent or legal guardian (phone or in person) of the physical issues of the youth;

ii. detailed history of potentially preventable risks to life and health including smoking, drug and alcohol use, unsafe sexual practices, eating patterns, and physical activity;

iii. contact with physician(s) in the community as needed to ensure continuity of medical treatment;

iv. record of height, weight, pulse, blood pressure, and temperature;

v. vision and hearing screening;

vi. testing for pregnancy;

vii. review of screening results and collection of additional data to complete the medical, dental, and mental health histories;

viii. review of immunization history, if available, and attempt to notify parent(s)/guardian(s) of the needed immunization records;

ix. testing for sexually transmitted infections, consistent with state recommendations;

x. review of the results of medical examinations and tests, and initiation of treatment when appropriate; and

xi. identification of signs and symptoms of victimization or abuse including sexual victimization and domestic violence.

b. Repealed.

F. Population Management

1. The facility staff shall review the institutional population on a daily basis to ensure that the institutional population does not exceed its capacity.

G. Classification Decisions

1. The provider shall have written policies and procedures regarding housing and programming decisions. The administrator, or designee, will review, on a weekly basis, the process and any decisions that depart from established polices, and shall document such review and any departure from those policies.

2. Classification policies shall include potential safety concerns when making housing and programming decisions including:

a. separation of younger from older youth;

b. physical characteristics to include height, weight, and stature;

c. separation of genders;

d. separation of violent from non-violent youth;

e. maturity;

f. presence of mental or physical disabilities;

g. suicide risk;

h. alleged sex offenses;

i. criminal behavior;

j. specific information about youth who need to be separated from each other (not just general gang affiliation); and

k. identified or suspected risk to include medical, escape, and security.

3. Youth shall be assigned to a room based on classification and will be reclassified if changes in behavior or status are observed.

4. Decisions for housing or programming of youth who are or are perceived to be gay, lesbian, bisexual, or transgender youth on the basis of their actual or perceived sexual orientation shall be made on an individual basis in consultation with the youth and the reason(s) for the particular treatment shall be documented in the youth's file. The administrator or designee shall review each decision.

5. When necessary, staff shall develop individualized classification decisions to provide for the safety of particular youth.

H. Release Procedures

1. The provider shall have a written policy and procedure for releasing youth to include, but not limited to, the following:

a. verification of identity of the person who the youth is being released to;

b. verification that a release order is obtained;

c. completion of release arrangements, including the person or agency to whom the youth is to be released;

d. return of personal property;

e. completion of any pending action, such as claims for damaged or lost possessions;

f. notification of arrangements for medical follow-up when needed, including continuity of medications; and

g. instructions on forwarding of mail.

2. The provider shall have a written policy and procedure for the temporary release of youth for escorted and unescorted day leaves into the community for the following:

a. needed medical and dental care;

b. to visit ill family members or attend funerals; and

c. to participate in community affairs and/or events that would have a positive influence on the youth.

La. Admin. Code tit. 67, § V-7513

Promulgated by the Department of Children and Family Services, Division of Programs, Licensing Section, LR 38:1569 (July 2012), Amended LR 42399 (3/1/2016).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:1110.