Tenn. Comp. R. & Regs. 0250-04-08-.05

Current through January 8, 2025

Section 0250-04-08-.05 - SERVICE PROVISION

(1) Hygiene

(a) The standard clothing issue for both males and females held in the facility longer than twenty-four (24) hours shall include the following:

1. Clean socks;

2. Clean undergarments, including safety approved bras for females;

3. Clean outer garments; and

4. Clean footwear.

(b) Clean personal clothing, if available, may be substituted for facility clothing at the discretion of the facility administrator.

(c) Provisions shall be made so that youth can regularly obtain the following hygiene items supplied by the facility:

1. Soap and shampoo;

2. Toothbrush;

3. Toothpaste;

4. Comb or brush;

5. Toilet paper;

6. Feminine hygiene materials; and

7. Deodorant.

(d) Haircuts for youth who request them shall be made available at a minimum on a monthly basis.

(e) Youth shall be permitted to brush their teeth and take a hot shower daily on a schedule established by the facility between the hours of 5:00 AM and 11:00 PM. Youth shall be allowed at least five (5) minutes to shower and shall be provided privacy to shower in single-occupancy stalls with shower curtains or shower doors.

(f) Each youth who remains placed in the facility overnight shall be provided the following:

1. One (1) clean fire-retardant mattress in good repair;

2. One (1) clean mattress cover;

3. One (1) clean fire-retardant pillow in good repair with pillow case. Mattresses with incorporated pillows are acceptable and an additional pillow does not need to be provided;

4. Sufficient clean blankets to provide comfort under existing temperature conditions;

5. One (1) clean bath-size towel; and

6. One (1) clean washcloth.

(g) An adequate supply of bedding and towels shall be maintained. Bedding shall be cleaned as follows:

1. Sheets, pillowcases, mattress covers, and towels shall be changed and washed at least once a week.

2. Bedding shall be disinfected after use by each youth.

3. Blankets shall be laundered or otherwise sterilized before re-issue.

(h) Clothing, whether personal or institutional, shall be exchanged and cleaned at least twice weekly unless work, climatic conditions or illness necessitate more frequent change. Undergarments shall be exchanged daily.

(2) Programs and activities

(a) Basic services shall be available to all youth as soon as they are admitted. Programmatic offerings shall be made available to all youth in juvenile detention centers within twenty-four (24) hours of their admittance to the facility. The facility shall provide or make available the following minimum services and programs to all adjudicated and pre-adjudicated youth:

1. Educational Services

(i) Youth who are certified for special education upon admission are referred to the Director of Special Education of the school system in which the Juvenile Detention Center is located; and

(ii) Each Juvenile Detention Center shall work with the appropriate LEA where the Juvenile Detention Center is located in order to ensure general education services are provided to the youth. This may include entering into an agreement between the juvenile detention center, appropriate school districts, Tennessee Department of Education, and DCS.

2. Access to mental health counseling, substance abuse counseling and crisis intervention services as needed;

3. Medical services;

4. Food services;

5. A recreation and leisure-time plan that includes at least one (1) hour per day of physical exercise and large muscle activity outside the room and one (1) hour per day of structured leisure-time activities. Restrictions may apply if the resident poses a risk to themselves or others;

6. Culturally diverse and approved reading material approved by the facility; and

7. The facility shall allow for youth to voluntarily participate in religious activity at least once a week so long as security is not compromised.

(b) Every youth shall have unrestricted and confidential access to the courts, legal representation, assigned caseworkers, child abuse hotlines and law enforcement. Youth shall have the right to present any issue before a court of law or governmental agency.

(c) Youth shall not be permitted to perform any work prohibited by state and federal regulations and statutes pertaining to child labor or perform duties normally done by staff members due to inadequate staffing.

(d) Work assignments shall not conflict with the education program.

(e) Youth eighteen (18) years of age shall not be housed in the same sleeping areas (bedrooms) as youth under the age of eighteen (18). Programmatic segregation of eighteen (18) year-old youth in other areas and activities shall be at the discretion of the facility administrator.

(f) The Facility administrators shall have discretion in making appropriate arrangements, either upon admission, or in response to circumstances within the milieu, for the protection of vulnerable youth. This may include temporary protective measures in both sleeping arrangements and common activities. Such arrangements shall be short-term and noted in writing by the facility administrator.

(3) Mail, Telephone Access, and Visitation

(a) Written policy shall outline the facility's procedures governing youth's mail, including the censoring of mail. Any regulation for censorship shall meet the following criteria:

1. The regulation shall further an important and substantial security interest unrelated to the suppression of expression (e.g., detecting escape plans which constitute a threat to the safety or well-being of staff or other youth); and

2. The limitation shall be no greater than is necessary to the protection of the particular security interest involved.

(b) Incoming mail shall be inspected for contraband items prior to delivery. Mail received from the courts, attorney of record, or public officials shall be delivered unopened in the presence of the youth.

(c) Outgoing mail shall be collected and incoming mail shall be delivered without unnecessary delay.

(d) A youth shall be notified if a letter is rejected, whether it is written by or addressed to the youth. Only correspondence to or from those persons on contact lists approved by the administrator or their designee shall be allowed.

(e) When a letter is rejected, policy and procedure shall provide an opportunity for the youth to appeal that decision to the facility administrator.

(f) Written policy and procedure shall provide that the facility permits postage for at least two (2) free personal letters per week for youth. Youth shall also receive free postage for all legal correspondence or case-related mail.

(g) Written policy shall define the facility's visitation policies, which shall include, at a minimum:

1. A schedule of visitation times and length of visitation allowed;

2. The maintenance of a visitors log;

3. Provision that all visitors shall register before admission and may be denied admission for refusal to register, for refusal to consent to search, or for any violation of posted facility rules; and

4. Notification of the possibility of visitor searches.

(h) Juvenile Detention Centers shall have written policy which provide that the Juvenile Detention Centers shall allow a minimum of one (1) hour of visitation each week for each youth with their parent, legal guardian, or other approved family members unless specifically prohibited by the juvenile court judge or their designee; this does not preclude visitation by other approved persons at the discretion of the Juvenile Detention Center. Restrictions may be imposed if the youth is determined to pose a risk to themselves or others.

(i) Temporary Holding Resources shall have written policy that provides that the Temporary Holding Resources shall allow each youth to visit with their parents or guardian at least once a day between 12:00 noon until 6:00 p.m. unless visitation is specifically prohibited by the juvenile court judge or their designee. Other visitors or hours of visitation shall be approved by the Temporary Holding Resource administrator or juvenile court judge.

(j) Juvenile Detention Centers shall have written policy and procedure which requires the Juvenile Detention Centers to provide reasonable telephone access that, at a minimum, shall consist of one (1) personal phone call per week. Additionally, each youth shall be afforded at least ten (10) minutes of phone conversation per week. Such procedure, including any limitations imposed by the program, shall be in writing and posted so as to be conspicuous to youth. The procedure shall include, at a minimum:

1. The hours during which such access shall generally be provided; and

2. A statement regarding the privacy of telephone communication.

(k) Temporary Holding Resources shall have written policy which provides that each youth shall be allowed to receive up to two (2) telephone calls a day from their parents or legal guardian during the hours of 8:00 a.m. and 9:00 p.m. unless specifically prohibited by the juvenile court judge or their designee.

(4) Food Services

(a) Current food service guidelines and a menu approved by a registered dietician or nutritionist shall be used in all meal preparation whether meals are prepared on or off-site.

(b) Three (3) meals and a substantial evening snack shall be provided daily with no more than a fourteen (14) hour span between the evening meal and breakfast on the following day. At least two (2) of these meals shall be hot.

(c) All meals prepared onsite shall be under the direct supervision of agency staff. Any meals prepared off-site and delivered to the facility shall be served expeditiously to maintain safe serving temperature and palatability.

(d) Written policy and procedure shall require that accurate records are maintained on the number of meals served per day, the actual food served and the scheduled meal times.

(e) Food shall not be used as punishment. Such action is grounds for adverse licensing action. Food may only be used as a reward when offered in addition to the minimum requirements established in 0250-04-08-.05(3)(b).

(f) All medically modified diets of youth shall be prepared and offered as prescribed by a physician, nurse practitioner and/or recommended by a registered dietician or nutritionist. Special provisions shall be made to accommodate religious diets requiring modification and shall be documented for review by licensing staff.

(g) The preparation or storage of food shall not be permissible in any residential areas of the facility. All food preparation and storage shall meet current Tennessee Department of Health guidelines.

(h) Proper storage of food shall assure that there shall be no contamination of the food from any source. Insecticide, cleaning agents and poisonous substances shall be stored away from food and plainly labeled. Airtight containers or wrappings shall be used in the storage of frozen, refrigerated, and perishable items. The facility shall utilize "first in/first out" rotation in the storage of all food products.

(i) The temperature of potentially hazardous food shall be 41ºF or below or 135ºF or above at all times except as otherwise provided in the current edition of the ServSafe Manager Book.

(j) All refrigerators and freezers shall be clean and contain a thermometer. The temperature shall be maintained at 41ºF or below in all refrigeration units. The temperature shall be maintained at 0ºF for all freezer units. Fluctuation in temperatures from incidental use shall not be considered noncompliant. The temperature for the dry storage area should be between 50ºF to 70ºF.

(k) No medication of any kind shall be stored in refrigerators containing food products.

(l) All food products shall be stored at least six (6) inches off the floor on shelves or in shatterproof containers with tight fitting lids.

(m) Stoves shall be equipped with operable hooded exhaust systems and the filters shall be kept clean. Hoods shall be inspected twice yearly and inspections documented for licensing review.

(n) A system for the control of all sharps and chemicals shall be documented in policy and observable in practice.

(5) Disciplinary Hearings and Appeals in Juvenile Detention Centers

(a) The Facility's written policies shall provide for disciplinary hearings to be held in cases of alleged violations of youth conduct rules within seven (7) days of the write-up if the youth is still in the Facility, excluding holidays, weekends, and emergencies. These hearings shall include the following administrative guarantees:

1. Youth shall receive written notice in their language of charges and time of hearing at least twenty-four (24) hours prior to hearing. The youth shall be allowed to prepare for the appearance before an impartial officer or board.

2. A youth has the right to call and cross-examine witnesses and present evidence in their own defense, when permitting them to do so shall not be unduly hazardous to institutional safety or correctional goals.

3. The reasons for any limitations placed on testimony or witnesses shall be stated in writing by the hearing chairperson.

4. There shall be a written statement by the fact finders as to evidence relied on and reasons for the disciplinary action.

5. An appeals process shall be established if the youth disagrees with the decision of the board or impartial officer or board, and the youth shall be given notice of their right to appeal.

6. A youth has a right to waive hearing or appeal.

(b) The youth shall receive a copy of the disciplinary decision.

(c) The facility administrator may provide, at their discretion, written notification of major disciplinary actions involving the youth to the youth's parent, legal guardian, or custodian.

(d) Documentation of major disciplinary action shall be maintained in the youth's record and facility's record and made available for review by a youth's parent, custodian, legal guardian, legal counsel, or other appropriate party in the event of an inquiry.

(e) Written policy and procedure shall provide that the relevant disciplinary reports are removed from all files of any youth found not guilty of an alleged violation.

(6) Grievance Procedures in Juvenile Detention Centers

(a) The facility shall provide more than one method to report abuse, neglect, harassment and retaliation by other youth or staff within the facility.

(b) The facility shall provide avenues for youth to report abuse, neglect, harassment, or retaliation to a public or private entity or office that is not part of the agency that operates the facility, such as these entities: the public defender's office, attorneys, the courts, the child abuse hotline, local law enforcement, child welfare agencies and the Office of Child Welfare Licensing. These entities shall be able to receive and immediately forward youth reports of sexual abuse and sexual harassment to administrative officials within the facility and to allow the youth to remain anonymous upon request.

(c) The facility's opportunities for reporting abuse, neglect, harassment and retaliation shall include ways to report orally, in writing, anonymously and by third parties.

(d) Staff shall provide all youth with access to a grievance procedure that provides an opportunity for a fair consideration and resolution of complaints about any aspect of the facility, including medical and mental health services.

(e) Staff shall ensure that youth understand how to use the grievance process and can obtain and submit grievance forms confidentially. Staff shall provide youth with writing implements to fill out the forms.

(f) The facility's grievance system shall be accessible to all youth, including youth with limited literacy, youth who have limited English proficiency and youth with intellectual or developmental disabilities. Staff shall ensure that:

1. Youth with intellectual disabilities, developmental disabilities, or limited literacy or limited English proficiency receive oral explanations of the grievance process that they can understand;

2. Grievance forms shall use easy-to-understand language and shall be simple in their design;

3. Youth shall be able to report grievances orally and in writing; and

4. Youth with intellectual disabilities, developmental disabilities, or limited literacy or English proficiency receive assistance in using the grievance process.

(g) Once submitted by youth, grievances shall be forwarded to the facility administrator or designee. Grievances shall be handled by an individual who can independently investigate the issues raised in the grievance and recommend corrective action to the administrator. Youth shall be permitted to submit a grievance without submitting it to a staff member who is the subject of the complaint.

(h) The facility shall offer an emergency grievance procedure for youth who are at risk of imminent harm. The emergency grievance procedure shall allow for rapid response to needs identified through emergency grievances.

(i) The facility shall not impose time limits on when youth can file grievances.

(j) Staff shall not discipline youth for filing a grievance, even if an investigation does not establish sufficient evidence to substantiate the complaint. Discipline does not include appropriate legal action taken by the facility administration to address false allegations of abuse or similarly harmful activity.

(k) The facility shall permit interested third parties, including family members, attorneys and outside advocates, to file grievances on behalf of youth.

(l) The facility shall provide information to third parties on how to submit grievances on behalf of youth.

(m) Facility staff, administrators, ombudspersons, or other personnel will fully investigate all grievances, including interviewing the youth who filed the grievance and any youth or staff members mentioned by the youth. Staff alleged to be involved in the grievance shall not conduct the investigation.

(n) Youth shall receive responses to their grievances that are respectful, legible and responsive.

(o) Staff shall provide youth with an opportunity to appeal the decision regarding the grievance. Facility administrators charged with handling appeals shall respond to appeals promptly and fairly.

(p) If staff finds a grievance to be valid, facility administrators shall take appropriate action and when staff actions are involved, provide for counseling, retraining, reprimand, discipline, or termination of the employee and, in an appropriate case, for the filing of child abuse or criminal charges.

(q) Facility staff, administrators or other personnel shall fully document all grievances and the results of grievance investigations.

(r) Facility administrators shall regularly gather and review data on grievances (granted and denied) by race, ethnicity, gender, developmental and intellectual disability, mental illness, special education status and limited English proficiency status for patterns or trends.

Tenn. Comp. R. & Regs. 0250-04-08-.05

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.