Kan. Admin. Regs. § 28-4-355b - Behavior management
(a) Rules.
(1) Written policies shall provide for a
behavior management system that assists juveniles to develop inner control so
that they can manage their own behavior in a socially acceptable manner.
Procedures and practice shall provide:
(A)
Expectations which are age appropriate and which allow for special abilities
and limitations; and
(B) positive
and negative consequences related to each expectation.
(2) Written rules of juvenile conduct shall
define expected behaviors and related consequences.
(A) A rulebook containing expected behaviors,
ranges of consequences and disciplinary procedures shall be given to each
juvenile and youth care staff member.
(B) An acknowledgement of receipt of the
rulebook shall be signed by each juvenile and kept in each juvenile 's file.
(C) When a literacy or language
problem prevents a juvenile from understanding the rulebook, a staff member or
translator shall assist the juvenile in understanding the rules.
(D) The rulebook shall be translated into any
language spoken by a significant number of persons in the jurisdiction.
(3) All staff members
who have direct contact with juveniles shall be thoroughly familiar with the
rules of juvenile conduct, the rationale for the rules and the intervention
options available.
(b)
Discipline .
(1) Discipline which is
humiliating, frightening or physically harmful to the juvenile shall not be
used at any time. The resident shall be protected against all forms of neglect,
exploitation or degrading forms of discipline. No juvenile shall be isolated
without a youth care staff member within visual and auditory distance or
confined in any dark space. Electronic monitoring or an audio communication
system shall not replace the required presence of a youth care staff member.
(2) Corporal punishment shall not
be used.
(3) Under no
circumstances shall any juvenile be deprived of meals, clothing, sleep, medical
services, exercise , correspondence, parental contact or legal assistance for
disciplinary purposes. If a juvenile is in locked isolation during normal
school hours, school work shall be provided to the juvenile.
(4) Under no circumstances shall any juvenile
be allowed to supervise or to administer discipline to other juveniles.
(c) Isolation .
(1) Routine nighttime lock-up during sleeping
hours is permitted in detention centers for the purpose of security during
sleeping hours. A detention center which uses nighttime lockup shall not be
required to comply with the special requirements concerning locked isolation
for routine lockup of juveniles during sleeping hours. Written policies and
procedures shall govern the use of routine nighttime lockup. Procedure and
practice shall provide for:
(A) Direct,
irregularly scheduled, physical observation of juveniles at least every 15
minutes by a youth care staff member; and
(B) written reports of periodic observation
of the juveniles. The reports shall be kept on file at the center .
(2) Electronic monitoring shall
not replace periodic observation of juveniles by a youth care staff member
during nighttime lock-up.
(3)
Locked isolation shall be permitted within a detention center only when a
juvenile is out of control, continually refuses to obey reasonable and lawful
requests or behaves in a way that presents a threat to self or others. Within a
secure care center, locked isolation shall be permitted only when a juvenile's
behavior presents a threat to self or others.
(4) Each center shall have written policies
and procedures which govern the use of locked isolation . Procedures and
practice shall:
(A) Permit the use of locked
isolation only when all other less restrictive methods of controlling the
juvenile's dangerous behavior have been attempted and have failed;
(B) require a written order by a designated
staff member each time a juvenile is placed in or released from isolation;
(C) ensure that no more than one
juvenile is placed in an isolation room at any one time;
(D) provide for a search of each juvenile and
removal of any items that may be used to injure self or others before admission
to the isolation room;
(E) ensure
that each juvenile is provided appropriate clothing at all times;
(F) ensure that each juvenile in isolation is
provided a mattress with linens on a clean, level surface above floor level;
(G) ensure that each juvenile
receives all meals and snacks normally served and is allowed time to exercise
and perform necessary bodily functions;
(H) ensure that each juvenile has prompt
access to drinking water and washroom facilities;
(I) ensure that the designated staff member
on duty makes appropriate entries in the case records regarding the juvenile's
use of the isolation room;
(J)
ensure that at least one youth care staff member is in the proximity of each
juvenile in isolation at all times, with direct, physical observation at least
every 15 minutes. At the time of each observation, the following shall occur:
(i) Interactive intervention shall be
attempted, unless the juvenile is sleeping;
(ii) the result of the intervention shall be
recorded; and
(iii) the condition
of the juvenile shall be recorded;
(K) ensure constant supervision when a
juvenile is considered suicidal; and
(L) provide for an assessment of the need for
continued isolation at each shift change and for documentation of the reasons
isolation is continued.
(4) If a juvenile is in locked disciplinary
isolation before routine nighttime lock-up occurs, the hours of nighttime
lock-up shall be counted as time in locked disciplinary isolation for that
juvenile.
(5) A juvenile shall not
remain in isolation for more than 24 hours without written approval of the
director or the director 's designee who is not involved in the incident .
(A) The director or designated staff member
who is not involved in the incident shall visit with each isolated juvenile at
least once within each eight-hour period after the first 24 hours.
(B) Written approval of the director or
director 's designee shall be required for each eight hour period isolation is
extended, beyond the first 24 hours.
(6) Isolation shall not exceed 48 hours for
any offense unless the juvenile continues to behave in a way that presents a
threat to self or others.
(7) If a
juvenile requires more than 48 hours of consecutive isolation or more than 72
cumulative hours of isolation within any seven day period, or is placed on
suicide watch, an emergency staffing shall be held to discuss the
appropriateness of the juvenile's continued placement at the center and to
develop an emergency plan for the juvenile.
(A) Participants in the emergency staffing
shall include:
(i) the juvenile if behavior
permits;
(ii) the director or the
director 's designee;
(iii) a
physician , clinical psychologist, or clinical social worker who has assessed
the juvenile; and
(iv) appropriate
staff member .
(B) The
placing agent or representative and the juvenile's parents or legal guardian
shall be notified of the emergency staffing and invited to participate.
Documentation of notifications shall be kept on file at the center.
(C) The results of the emergency staffing
shall be recorded and maintained on file at the center.
(8) All youth care staff and program
personnel shall be informed at all times of the current status of each resident
in isolation.
(d)
Restraint . Each center shall have written policies and procedures which govern
the use of restraint .
(1) Procedure and
practice shall:
(A) Limit the use of physical
restraint to instances of justifiable self-defense, protection of the juvenile
or others, protection of property or prevention of escape;
(B) permit the use of physical restraint only
when all other less restrictive methods of controlling the juvenile's dangerous
behavior were either attempted and failed or diagnostically eliminated;
(C) prohibit the use of physical
restraint as punishment.
(D)
ensure that mechanical restraints are used within the secure parameters of the
center only when required to move a juvenile to locked isolation . The use of
mechanical restraints shall not exceed 30 minutes in duration;
(E) ensure that chemical agents are not used
by center personnel; and
(F)
provide that psychotropic medications are not used for disciplinary reasons.
Psychotropic medications shall be administered only when medically necessary,
upon order of the juvenile 's physician .
(2) A center which uses any form of restraint
shall develop and ensure the practice of a comprehensive written policy on the
use of each restraint . The policy shall identify:
(A) The forms of restraint in use at the
center, clearly demonstrating that each specified form of restraint is required
to appropriately serve juveniles;
(B) specific criteria for the use of each
form of restraint ;
(C) the staff
members authorized to approve the use of each form of restraint ;
(D) the staff members authorized and
qualified to administer or apply each form of restraint ;
(E) the approved procedures for application
or administration of each form of restraint ;
(F) the procedures for monitoring any
juvenile placed in each form of restraint;
(G) any limitations on the use of each form
of restraint , including time limitations;
(H) the procedures for immediate , continual
review of restraint placements for each form of restraint, except passive
physical restraint; and
(I)
procedures for comprehensive recordkeeping on all incidents of the use of
restraint , including incidents of passive physical restraint where it is used
in conjunction with or leads to the use of any other form of restraint .
(3) If a juvenile
requires the use of mechanical restraints more than four times in any 30 day
period, an emergency staffing shall be held to discuss the appropriateness of
the juvenile's continued placement at the center and to develop an emergency
plan for the juvenile.
(A) Participants in
this emergency staffing shall include:
(i)
the juvenile if behavior permits;
(ii) the director or the director 's designee;
(iii) a physician , clinical
psychologist or clinical social worker who has assessed the juvenile; and
(iv) appropriate staff members.
(B) The placing agent
or representative and the juvenile's parents or legal guardian shall be
notified of the emergency staffing and invited to participate. Documentation of
notifications shall be kept on file at the center.
(C) The results of the emergency staffing
shall be recorded and maintained on file at the center.
(4) Any juvenile or staff member injured in
an incident involving the use of physical restraint shall receive immediate
medical examination and treatment.
Notes
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