Tenn. Comp. R. & Regs. 0250-04-08-.02

Current through January 8, 2025

Section 0250-04-08-.02 - GENERAL REQUIREMENTS

(1) The issuance and maintenance of a license to operate a juvenile detention center or temporary holding resource shall depend upon adherence to these standards.

(2) All public or private agencies operating juvenile detention centers or temporary holding resources shall be specifically licensed by the Department.

(3) The initial and continued licensing of a juvenile detention center or a temporary holding resource shall be based upon the following criteria:

(a) The safety, welfare and best interests of the youth in the care of the facility;

(b) The capability, training and character of the persons providing or supervising the care of youth;

(c) The quality of the methods of care and instruction provided to the youth;

(d) The suitability of the facilities provided for the care of the youth;

(e) The adequacy of the methods of administration and the management of the facility, the facility's personnel policies, and the financial integrity of the facility; and

(f) The present need for the juvenile detention center or temporary holding resource.

(4) Juvenile detention centers and temporary holding resources shall be appropriately approved, licensed, permitted or credentialed by all appropriate agencies, including the Tennessee Department of Health and the state or local fire marshal's office, before residents may be admitted.

(5) Juvenile detention centers and temporary holding resources shall be classified according to the date operations commenced. Facilities which begin operation as a juvenile detention facility or temporary holding resource after July 1, 2017, shall be considered new, while facilities operating prior to that date shall be considered existing facilities.

(6) Facilities shall provide their services in an ethical and professional manner at all times. This includes:

(a) Strict adherence to the practice of confidentiality; and

(b) Acting at all times in the best interest of the youth insofar as this does not violate the social responsibility of the facility for the protection of the community.

(7) The facility shall consider and respect the ethnic, religious, racial, and cultural background of all youth and make reasonable accommodations to meet any related needs.

(8) A facility shall not engage in practices which exploit the rights of youth in care. Youth shall not be individually identified in connection with fund raising activities or publicity for the facility without written permission from the youth and either the parent or the legal guardian.

(9) Provisions Specific to Temporary Holding Resources:

(a) A temporary holding resource shall not house more than eight (8) children, and is designed to operate primarily as a staff secure facility with a maximum of two (2) hardware secure rooms. At least half of the rooms in the facility shall be non-secure.

(b) A temporary holding resource is designed to house children who are:

1. In need of legal temporary placement;

2. Awaiting a pending adjudication; or

3. Awaiting judicial disposition.

(c) Youth shall be detained in a temporary holding resource in accordance with T.C.A. §§ 37-1-114 and 37-1-116 (2016 and as amended):

1. A youth's placement in a temporary holding resource shall be less than seventy-two (72) hours;

2. Youth who are alleged to be delinquent and meet the criteria for secure detention may be placed in secure custody in a temporary holding resource for up to a seventy-two (72) hour maximum length of stay; and

3. Youth who are alleged to be status offenders shall not be placed in secure custody in a temporary holding resource for more than twenty-four (24) hours unless there is probable cause to believe the youth has violated a valid court order.

(d) Dependent and neglected youth shall not be detained in secure rooms unless those rooms are rendered "non-secure" for the duration of the placement.

(10) A youth shall not be detained in any secure facility or secure portion of any facility unless the criteria established in T.C.A. §§ 37-1-114 and 37-1-116 (2016 and as amended) are met.

(11) For youth with special needs, provisions shall be made to address special needs for those youth who exhibit or who have documented physical or intellectual disabilities or impairments, limited English proficiency (LEP), and/or mental or emotional health issues.

(12) Informed Consent

(a) Rules in subparagraphs (b)-(d) may not be applicable if family contact is determined to be contraindicated by the administrator due to safety concerns concerning the youth or the facility. Such determination shall be documented by the facility administrator or designee.

(b) At admission, staff shall request the name and contact information of an adult family member or guardian who can provide information about a youth's health and mental health history, Medicaid and health insurance information, and consent to medical treatment for the youth, if necessary.

(c) Any medical and/or mental health examinations and/or services provided to detained youth by medical or mental health professionals shall conform to state laws for informed consent and the right to refuse treatment.

(d) Facility staff shall obtain informed consent using a language that is understandable to the youth and his or her parent or legal guardian.

(13) Family Engagement

(a) Rules in subparagraphs (b)-(e) may not be applicable if family contact is determined to be contraindicated by the administrator due to safety concerns concerning the youth or the facility. Such determination shall be documented by the facility administrator or designee.

(b) Facility administrators shall provide means for parents and legal guardians, including individuals who have limited English proficiency, to ask questions about the facility and its programs and ensure that those questions are answered.

(c) The facility shall provide parents and guardians contact information for a staff member who they can contact to obtain information about their youth and his or her adjustment to the facility. The facility shall make appropriate arrangements to communicate with parents or guardians who have limited English proficiency.

(d) Facility staff shall encourage contact between youth and family members through mail, telephone, visitation and other means.

(e) Parents, guardians and other family members shall be able to register complaints about the treatment of youth. Facility administrators shall promptly reply to such complaints in writing. The facility shall make appropriate arrangements to receive complaints from parents or guardians who have limited English proficiency.

(14) All licensed agencies shall ensure freedom from discrimination or harassment on the basis of race, color, religion, sex, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law. This applies to youth, families, clients and employees.

Tenn. Comp. R. & Regs. 0250-04-08-.02

New rules filed March 17, 2017; effective 6/15/2017.

Authority: T.C.A. §§ 37-5-105; 37-5-106; and 37-5-501, et. seq.