Tenn. Comp. R. & Regs. 0250-04-08-.03

Current through January 8, 2025

Section 0250-04-08-.03 - ADMINISTRATION AND MANAGEMENT

(1) Each facility shall develop a mission statement and written policies and procedures governing the facility's operations. These policies and procedures shall be reviewed and updated annually and shall be accessible to all staff at all times. Staff shall be trained on these policies during pre-service and during their annual in-service training.

(2) There shall be written plans, developed in advance, for dealing with emergencies such as escape, medical emergencies, quarantine, disturbances, assaults on staff, hostage taking, and emergency evacuation. These written plans shall be incorporated into the facility's operations manual. Each staff member shall be trained on these plans; documentation shall be noted in individual employee training records.

(3) The facility administrator shall approve a list of articles and materials that shall be allowed in the living area. This list shall be made available to all youth upon admission.

(4) Facility administrators shall regularly review logbooks, special incident reports, records of use of physical force or restraints, grievances, and recreation records. Facility administrators shall provide positive feedback to staff on exemplary performance. Facility administrators shall advise staff of any areas of concern and take appropriate action with respect to particular staff members such as re-training, discipline, and termination, as appropriate.

(5) An intake process shall be completed for every youth admitted to the facility and shall contain the following information, as available:

(a) Date and time of admission;

(b) Name and aliases of youth;

(c) Last known address;

(d) Specific charge(s);

(e) Gender;

(f) Age;

(g) Date of birth;

(h) Place of birth;

(i) Race;

(j) Employment information;

(k) Educational information, including name of originating school system (LEA);

(l) Name, relationship and contact information for next of kin;

(m) Other key contact person(s) and addresses to notify in case of emergency, including legal representation and/or assigned juvenile case manager;

(n) Name of legal guardian;

(o) Driver's license and social security number;

(p) Status: pre/post adjudication;

(q) Notation of cash and property;

(r) Bonding company;

(s) Amount of bond;

(t) Court date and time;

(u) Room assignment;

(v) Presenting medical and mental health information, including suicide risk, prescribed medications, open wounds, pregnancy, current and/or history of physical and sexual abuse, allergies, and intoxication (drugs or alcohol); and

(w) Information regarding the youth's custodial status (DCS custody).

(6) The admitting staff member shall ensure that each youth received is committed under proper legal authority.

(7) At the time of a youth's admission to the facility, a diligent attempt shall be made to notify the youth's parents or guardians. This, and all future attempts, shall be documented in case records.

(8) Cash and personal property shall be secured from the youth upon admission, listed on a receipt form in duplicate, and securely stored pending the youth's release. The receipt shall be signed by the receiving staff member and the youth, the duplicate given to the youth, and the original kept for the record. If the youth is unable or unwilling to participate in the process, there shall be at least one (1) witness to verify this refusal and the youth's refusal shall be documented.

(9) Written policy and procedure shall ensure that records on youth are current and accurate.

(10) Written policy and procedure shall ensure that youth's records shall be maintained confidentially.

(11) Written policy shall govern the management of youth records including, at a minimum, the following areas:

(a) The establishment, use and content of youth records;

(b) Right to privacy;

(c) Secure storage and preservation of records; and

(d) Established schedule for disposal of inactive records.

(12) All youth records shall be retained a minimum of one (1) year from the date of discharge. All medical records shall be retained until a youth's nineteenth (19) birthday. The facility's policy shall adhere to state and federal guidelines regarding the retention of all special education records.

(13) Written policy and procedure shall specify that the person receiving a youth at discharge shall be an approved parent or legal guardian and shall present appropriate identification. Positive identification of a youth shall be made by the releasing staff member before discharge or release.

(14) All youth released from the facility shall sign a receipt for property, medications, valuables and cash returned to the youth, parent, or legal guardian at the time of release. All items shall be carefully inventoried on the receipt and witnessed by the releasing staff member. The receipt shall be kept in the permanent records of the facility. If the youth is unable or unwilling to sign a receipt, there shall be at least one (1) witness to verify this refusal, and the youth's refusal shall be documented.

(15) There shall be a system for youth and staff to communicate with one another at all times.

(16) Facility staff shall cooperate promptly with requests from juvenile courts, LEAs, law enforcement and Departmental representatives.

(17) Written policy and procedure shall provide that youth be allowed to have confidential access to attorneys and/or their authorized legal staff and/or court appointed representatives at any reasonable hour. The facility shall establish the hours during which attorneys may visit.

(18) Records shall be kept noting a youth's access to the courts, visitation or access to the public, disciplinary actions and outcomes, medical or behavioral conditions, and/or any other pertinent information. Such records shall be retained per facility policy, statutory requirement and/or administrative rules and regulations.

(19) Any significant incident involving a youth shall be documented in a written incident report and retained in the youth's individual file. The incident report shall include date, time, location, and witnesses. Every incident report shall also clearly document the youth's involvement and behavior, and staff actions or reactions (e.g., verbal and physical interventions and follow-up actions) resulting from the incident. Incident reports completed by the facility to fulfill contractual requirements issued by the department shall be considered acceptable in meeting compliance with this provision. The incident shall be reviewed by the facility administrator or the facility administrator's designee prior to the conclusion of the shift and reported as designated by the department and the local jurisdiction. All incident reports shall be made available for review by licensing personnel. Significant incidents include, but need not be limited to, the following:

(a) Aggressive behavior, e.g., threats, fights and assaults;

(b) Attempted and completed escapes;

(c) Suicidal threats and attempts;

(d) Any incident involving use of physical force by staff;

(e) Use of isolation;

(f) Use of mechanical restraints for reasons other than transportation; and

(g) Sentinel events, including death or serious illness/injury.

(20) The facility shall cooperate fully with the Tennessee Commission on Children and Youth in monitoring Juvenile Justice and Delinquency Prevention core requirements and any other appropriate monitoring entity. The facility may contact the licensing office to confirm the monitoring entity's authority if questions arise.

(21) Each juvenile detention center shall maintain census information for all youth detained at the juvenile detention center. The census shall reflect the following for each youth:

(a) First and last name;

(b) Date of birth and age;

(c) Sex;

(d) County of original jurisdiction;

(e) Date of admission;

(f) Date of discharge (when applicable);

(g) Length of stay;

(h) Custodial disposition; and

(i) Reason for detention.

(22) Reports shall be submitted to the Department as follows:

(a) Each juvenile detention center shall, on a monthly basis and on a form provided by the Department, provide the Department an aggregate report detailing the following information:

1. Physical capacity of the facility;

2. Demographic information, including monthly discharges by age and gender;

3. Monthly discharge information, including custodial status and length of stay; and

4. Any other information required by the Department.

(b) Any proposed change in the facility's location shall be reported to the licensing office a minimum of ninety (90) days prior to the proposed move date to facilitate licensure of the new location. Any facility that changes location without obtaining the appropriate license for the new location shall be considered to be operating as an unlicensed program and shall be subject to any related legal, civil or regulatory penalties.

(c) Any sentinel event shall be reported immediately to the youth's parent or legal guardian and the Department's licensing office.

(d) Any known or suspected incidents of brutality, abuse, neglect, or child sexual abuse shall be reported immediately to both the child abuse hotline at 1-877-237-0004 and the Department's licensing office.

(e) A succession roster for reporting any significant emergency situations affecting or potentially affecting the safety and welfare of the youth served by a facility, including sentinel events, shall be developed and included in policy accessible to all staff. The Department's licensing office shall be included as a point of contact on any such succession roster.

Tenn. Comp. R. & Regs. 0250-04-08-.03

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.