Section 0250-04-08-.04 - PERSONNEL(1) Written policy shall indicate that there is a hiring plan consistent with the facility's Affirmative Action obligations to include, at a minimum, a clear commitment to recognize and develop the abilities of all minorities, women, and handicapped persons in compliance with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and the Americans with Disabilities Act ( P.L. 101-336 ) of 1990.(2) Written policy shall indicate a clear commitment to recognizing diversity in hiring.(3) Written policy shall provide that, except in temporary, exigent situations approved by the facility administrator, there shall be a separation of youth care and adult care staff, including management, security, recreational, educational and counseling and other direct care staff. Specialized service staff, such as cooks, bookkeepers and medical professionals who are not normally in contact with detainees or whose infrequent contacts occur under conditions of separation of youth and adults are excluded from this requirement.(4) Written personnel policies shall be provided to each staff member prior to or at time of employment. These shall include but are not limited to: (a) A job description for each position covering the position's responsibilities, academic qualifications and required level of experience;(b) Annual salary schedule and performance review requirements;(c) Physical examination policy, which shall include a required physical examination and tuberculin screening for all staff members having contact with youth. The examination shall be no older than twelve (12) months prior to hire date or shall be completed within ninety (90) days of employment;(d) Training requirements and documentation of completion;(e) Vacation policy that clearly defines allowable time and payment plan;(g) Policies regarding Social Security, insurance, retirement plans, and other fringe benefits;(h) Facility grievance procedure;(i) Grounds for dismissal; and(j) Confidentiality of youth information.(5) Specific Qualifications for Staff:(a) The facility administrator shall have a high school diploma and at least two (2) years experience in juvenile justice or child welfare.(b) All facility staff shall have a high school diploma or its equivalent. Staff who do not meet this requirement at the time of the effective date of these standards are permitted to remain in their positions; however, any staff hired after the effective date are required to have a high school diploma or its equivalent.(6) Staff Development: (a) Juvenile Detention Centers 1. Each juvenile detention center shall be required to provide personnel forty (40) hours of pre-service training before a staff member assumes individual job responsibilities. All staff members who have not received this forty (40) hours of training shall be accompanied at all times by a staff member who has received such training. There shall be documentation of topics covered and dates covered and class roster. Topics shall include but are not limited to:(ii) Crisis Management/Emergency Contingency Plan;(iii) Use of force, including approved manual restraint techniques, chemical agents and mechanical restraint;(iv) Admission and release;(vi) Proper administration of CPR, first aid and medications;(vii) Indicators of mental illness and potential for suicide;(viii) Professional ethics and standards of conduct;(x) The purpose and operating policies and procedures of the facility;(xi) Rights of detainees;(xii) Behavioral observation and recording;(xiv) Sexual abuse and sexual harassment prevention, detection and response. Curriculum and/or other training materials used in compliance with federal PREA guidelines shall fulfill this requirement;(xv) Verbal de-escalation techniques;(xvi) Universal Safety Precautions and infectious diseases;(xvii) Medical and mental health needs of youth; and (xviii) Federal mandates, including PREA and Title VI.2. All juvenile detention center staff whose duties include the supervision, custody, or treatment of youth shall be required to complete an annual in-service program designed to instruct them in specific skill areas of operations. This annual in service shall consist of forty (40) hours to be approved and monitored by the Department. During the staff member's first year, these forty (40) hours of in-service shall be in addition to the required forty (40) hours of pre-service.3. As part of the training requirements in part 2. and 3. of this Rule, direct care staff and supervisory staff assigned to work at the facility shall be trained annually in First Aid and CPR. Approved First Aid and CPR training shall meet the following provisions:(i) The curriculum shall conform to current American Heart Association or American Red Cross guidelines;(ii) The curriculum shall require hands-on, skill-based instruction, as well as written and practical testing. Training and certification that is provided solely "on-line" shall not be accepted; and(iii) The instructor shall be qualified and authorized to teach the curriculum and shall be certified by a nationally recognized organization.4. Medical-related training shall also cover:(i) Skills development for response in emergency situations;(ii) Transfer to appropriate medical provider;(iii) Recognition of symptoms of illness most common to youth;(iv) Medication administration;(v) Confidentiality of medical records and information (HIPAA); and(vi) Universal precautions.5. All juvenile detention center staff members who are authorized to use chemical defensive agents and mechanical restraints shall receive basic and ongoing annual in-service training in their use. All such training shall be recorded with the dates completed and kept in the staff member's personnel training file.6. All juvenile detention center staff members who directly supervise youth shall have specific training on proper techniques and implements to be used in removing a youth from a hanging situation. This training shall be provided in the staff member's pre-service array and on an annual basis.7. Each juvenile detention center shall maintain records on the specific training, including credit hours, completed by each juvenile detention center staff member.8. Each juvenile detention center shall ensure that there is written policy that requires individuals who work with both youth and adult inmates in collocated facilities to be specifically trained and approved to work with youth.(b) Temporary Holding Resources 1. Each temporary holding resource shall be required to provide full and part-time staff sixteen (16) hours of pre-service training pertaining to security, facility operations and interacting with youth before a staff member assumes unsupervised individual job responsibilities. All staff members who have not received this sixteen (16) hours of training shall be accompanied at all times by a fully trained staff member until these training requirements are met. Each full and part-time staff member shall receive an additional nine (9) hours of instruction over the course of the first year of employment. This training can be provided during the course of the employee's routine execution of job responsibilities wherever necessary. However, there shall be documentation of all topics and dates covered. All full and part-time staff members shall subsequently receive twenty (20) hours of instruction annually. Topics shall include but are not limited to: (ii) Crisis Management/Emergency Contingency Plan;(iii) Use of force, including approved manual restraint techniques and mechanical restraint;(iv) Admission and release;(vi) Proper administration of CPR, first aid and medications;(vii) Indicators of mental illness and potential for suicide;(viii) Professional ethics and standards of conduct;(x) The purpose and operating policies and procedures of the facility;(xi) Rights of detainees;(xii) Behavioral observation and recording;(xiv) Sexual abuse and sexual harassment prevention, detection and response. Curriculum and/or other training materials used in compliance with federal PREA guidelines shall fulfill this requirement;(xv) Verbal de-escalation techniques;(xvi) Universal Safety Precautions and infectious diseases; and(xvii) Medical and mental health needs of youth2. The administrator, as well as each full-time child care staff who directly supervises children, must receive after the first year of employment, forty (40) hours of in-service training related to the administration and operation of a temporary holding resource. Training received through other curriculum such as law enforcement, PREA compliance and other, similar fields can be used to meet these requirements.3. All staff members who directly supervise youth shall have specific training on proper techniques and implements to be used in removing a youth from a hanging situation. This training shall be provided in the staff member's pre-service array and on an annual basis.4. Each temporary holding resource shall maintain records on the specific training, including credit hours, completed by each temporary holding resource staff member.5. Each temporary holding resource shall ensure that there is written policy that requires individuals who work with both youth and adult inmates in collocated facilities to be specifically trained and approved to work with youth.(7) Volunteers (a) The facility shall establish an application and screening process in order to ensure that all prospective volunteers are of sufficient character and competence as to meet the facility's needs.(b) The facility shall provide an ongoing training program and orientation to the philosophies and practices specific to the facility to each volunteer within the facility. Within two (2) weeks of being admitted to the facility's program as a volunteer, the new volunteer shall receive orientation and instructions related specifically to child abuse detection, reporting, and prevention and confidentiality. This training shall be documented in the individual's volunteer file.(c) Paid staff members shall adequately supervise all volunteers.(d) The facility shall maintain an individual file, including the application to participate as a volunteer; the results of the screening process; documentation of orientation and training, including child abuse prevention training; a declaration of good health; and three (3) letters of reference shall be obtained by the facility prior to allowing the volunteer to have direct contact with youth. The facility shall maintain this documentation in the facility records.(e) Faith and community-based organizations providing volunteer services to the youth of less than twenty (20) hours per week shall meet requirements established by the facility administrator. Only those individuals who have been properly vetted pursuant to procedure required in 0250-07-08-.04(8) for prior criminal behavior, either through the organization or by the facility, may have direct access to the youth.(8) The facility shall ensure that all prospective and current employees, volunteers and other persons having access to youth in care shall be appropriately screened for prior criminal behavior and/or abuse history. All background checks shall be conducted and documented according to requirements developed by the Department.Tenn. Comp. R. & Regs. 0250-04-08-.04
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.