La. Admin. Code tit. 48, § I-6903 - General Provisions
A. These
licensing standards apply to all juvenile detention centers. There is an annual
licensing fee based on capacity.
B.
The detention administrator shall issue written policies, procedures, and
directives to implement and supplement all aspects of these standards. The
detention administrator shall insure that:
1.
detention staff are knowledgeable of applicable provisions of these detention
standards;
2. all rules for
children detained are posted where accessible and/or otherwise made known to
each child in an understandable manner;
3. relevant detention facility rules and
information are made available to parents of children detained.
C. There shall be a written
statement that describes the philosophy, goals or purposes of the facility,
which is reviewed at least annually and updated if necessary.
D. There shall be a written plan that
provides for continuing operations in the event of a work stoppage or other job
action. Copies of this plan shall be available to all supervisory personnel,
who are required to familiarize themselves with it.
E. Written policy and procedure shall provide
that juveniles are not subject to discrimination based on race, national
origin, color, creed, sex, or physical handicap.
F. The facility administration shall have a
grievance procedure for employees which has been approved by the governing
authority.
G. There shall be a
written resident grievance procedure, which is made to all detained
juveniles.
H. The agency operating
a detention facility shall be a legal entity or part of a legal entity. If the
agency is a nonprofit organization, it shall be incorporated in the
governmental jurisdiction where located and in accordance with the legal
requirements of that jurisdiction. If the agency is from the public sector, it
shall have the authority to establish and operate a detention center.
I. Written policy and procedure shall provide
for regular meetings and case conferences between the staff of probation
agencies, shelter facilities, the court, the local law enforcement agency, and
detention facility staff to develop and maintain sound interagency policies and
procedures.
J. Policy and procedure
shall provide that the facility administrator cooperate with the interstate
compact administrator in the return of juveniles charged with juvenile offenses
to the requesting state, pursuant to the provisions of the Interstate Compact
on Juveniles.
K. Insurance coverage
shall be provided for the facility which include coverage for the physical
plant, equipment, and personal and property injury to employees, volunteers,
residents, and third parties.
L.
The legal entity administering a facility shall have a policy to protect all
employees whose duties include the care, treatment or supervision of juveniles
from financial loss arising out of any claim or judgment occurring as a result
of alleged negligence which results in personal injury to a juvenile, provided
that, the acts complained of were within the scope of employment and did not
result from the willful and wanton act or gross negligence of
employees.
M. The facility
administration shall not have a policy which categorically excludes employment
of ex-offenders.
N. The facility
administrator shall be appointed by the chief executive officer or governing
board of the parent agency.
O. The
qualifications, authority, tenure, and responsibilities of the facility
administrator shall be specified by the parent agency.
P. The term of the facility administrator
shall be continuous and may be terminated only by the appointing authority for
good cause and subsequent to a formal and open hearing on specific charges, if
requested.
Q. In the case of death
of any detained child, the facility administrator or his designated
representative shall immediately notify the coroner.
R. It shall be the duty of the Department of
Health and Human Resources, through its duly authorized agents, to visit and
inspect, without previous notice, each center at least annually.
1. Licensing personnel may enter any facility
at any time both for licensure and to investigate complaints. They shall be
immediately admitted to such place upon request for such admittance and may
confer with any child or employee privately and without interference.
2. Follow-up visits and inspections will be
made as needed. The purpose of these visits is to determine if all rules and
regulations of the department are strictly observed and followed by all persons
connected with the facility.
S. No child or employee shall be punished or
threatened with punishment for talking to licensing personnel.
T. After each licensing inspection an exit
interview will be held by the licensing personnel with the administrator and/or
other appropriate facility personnel. A written report listing deficiencies, if
any, shall be mailed to the facility as soon as possible, specifying a
reasonable time-frame in which the facility shall correct any
deficiencies.
U. Subsequently, if
the license is refused, suspended or revoked because a facility is not
suitable, is not properly managed, or does not meet minimum requirements for
licensure, the procedure is as follows:
1.
The secretary, Department of Health and Human Resources, or his designee, by
registered or certified letter, shall advise the facility administrator of the
reasons for refusal, suspension, or revocation, and its rights of appeal. The
facility administrator shall, in turn, immediately notify his immediate
supervisor(s).
2. Within 30 days
after receipt of such notice, the facility administrator may request in writing
a hearing in order to appeal the decision.
3. The secretary or his designee shall set a
hearing to be held within 30 days after receipt of such request. The hearing
shall be held in the immediate vicinity of the center requesting
appeal.
4. The secretary or his
representative shall conduct the hearing. Within 10 days after the hearing, he
shall advise the appellant by registered or certified letter of his decision,
either confirming or reversing the original decision. If the license is
refused, suspended or revoked, the facility shall be given 30 days to meet
those standards delineated by the licensing agency.
5. If the facility is unable to meet the
standards within this time-frame, funding received from the Department of
Health and Human Resources shall be discontinued. A copy of this refusal,
suspension, or revocation shall be made available to the district
attorney.
6. Notwithstanding any
other sections of this appeal procedure, if the secretary finds that public
health, safety, or welfare requires emergency action, summary suspension of
licensure and funding may be ordered pending proceedings for revocation,
suspension, refusal of license, or other action. Such findings shall be in
writing, shall be delivered to the facility administrator by registered mail,
and may be incorporated in the original notice specified in Section 1 or in any
subsequent notices or decisions rendered pursuant to this appeal
procedure.
V. Nothing
contained in the standards and requirements hereby fixed shall be construed to
prohibit city, parish, or city and parish agency operating a local detention
facility from adopting standards and requirements governing it own employees
and facilities, provided such standards and requirements exceed and do not
conflict with these standards and requirements. Nor shall these regulations be
construed as the authority to violate any state or local fire safety standards,
building standards, health and safety codes, or other applicable
codes.
Notes
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No prior version found.