La. SOCIAL SERVICES § V-7515 - Youth Protections
A. Rights
1. The provider shall have written policies
and procedures that ensure each youth's rights are guaranteed and
protected.
2. A youth shall not be
subjected to discrimination based on race, national origin, religion, sex,
sexual orientation, gender identity, or disability.
3. A youth shall not be subjected to
supervision or control by other youth. Supervision is to be exercised only by
facility staff.
4. A youth has the
right to be free from physical, verbal, or sexual assault by other youth or
staff.
5. A youth shall not be
required to work unless the activity is related to general housekeeping or as
required by a court order or deferred prosecution agreement for community
service restitution.
6. A youth
shall not participate in medical, pharmaceutical, or cosmetic
experiments.
7. A youth has the
right to consult with clergy and participate in religious services in
accordance with his/her faith, subject to the limitations necessary to maintain
facility security and control. Youth shall not be forced to attend religious
service and disciplinary action shall not be taken toward the youth who choose
not to participate in such services.
8. Each youth shall be fully informed of
these rights and of all rules and regulations governing youth conduct and
responsibilities, as evidenced by written acknowledgment, at the time of
admission of the receipt of a copy of youth rights, and when changes
occur.
B. Access Issues
1. Telephone Usage
a. The provider shall have a written policy
and procedure regarding telephone use.
b. Youth shall be permitted to have
unrestricted and confidential telephone contact with professionals, such as
attorneys, probation officers, and caseworkers.
c. In addition to the persons identified
above in Section 7515.
B.1 b, the youth shall be allowed a minimum
of two free telephone calls per week, 10 minutes each to persons on the youth's
approved list.
2.
Mail/Correspondence
a. The provider shall
have a written policy and procedure regarding youth sending and receiving
mail/correspondence.
b. A youth's
written correspondence shall not be opened or read by staff unless the
administrator, or designee, has compelling reasons to believe the
correspondence contains material which presents a clear and present danger to
the health or safety of the youth, other persons, or the security of the
facility. A record shall be maintained in the youth's file when mail is read by
staff, documenting the specific reason why the mail was read, and signed by the
administrator or designee. Mail may be opened by staff only in the presence of
the youth with inspection limited to searching for contraband.
c. Written communication with specific
individuals may be restricted by:
i. the
youth's court ordered rules of probation or parole;
ii. the facility's rules of separation;
or
iii. a specific list of
individuals furnished by the youth's parent/legal guardian indicating
individuals who should not communicate with the youth.
d. Incoming correspondence from a restricted
source shall be returned unopened to the sender. When mail is withheld from the
youth, the reasons shall be documented in the youth's file and the youth shall
be informed.
e. Youth shall be
provided writing material and postage for the purpose of correspondence.
Outgoing mail shall be sealed by the youth in the presence of staff.
f. Provisions shall be made to forward mail
when the youth is released or transferred.
g. Money received in the mail shall be held
for the youth in his/her personal property inventory or returned to the
sender.
h. Incoming legal mail
shall not be opened, read, or copied.
3. Visitation
a. The parent/legal guardian shall be allowed
to visit youth unless prohibited by the court.
b. Visits with youth by attorneys and/or
their representatives, and other professionals associated with the youth shall
not be restricted and shall be conducted in private such that confidentiality
may be maintained.
c. Visits to
youth may be restricted if it is determined by the administrator, or designee,
that allowing the visit would pose a threat to the safety or security of the
staff, other youth, visitors, or the facility. When a visit is restricted, the
visitor(s) shall be notified at the time the determination is made. The reason
why the visit was restricted shall be documented in the youth's file.
d. The visitors of the youth shall be
provided a written copy of the visitation policy and schedule.
e. Visitation rules shall be posted in public
view.
f. Other individuals may be
granted visits at the discretion of the administrator or his/her
designee.
g. Visitors who are under
the influence of alcohol or drugs, in possession of contraband, exhibiting
disruptive behavior, wearing improper attire, or unable to produce valid
identification shall not be permitted to visit, and the occurrence shall be
documented in the youth's file.
h.
A record shall be maintained in the youth's file of the names of all persons
who visit the youth.
i. A record
shall be maintained in the youth's file of the names of individuals prohibited
to visit with the youth and the reason(s) for the denial.
j. Visiting hours shall be regularly
scheduled so that visitors have an opportunity to visit at set times at least
twice a week.
k. Special visiting
arrangements shall be made for visitors who cannot visit the youth during the
regular visiting schedule.
l. Youth
who do not have visitors shall not be routinely locked in their rooms during
visiting hours.
C. Prohibited Practices
1. The provider shall have a written list of
prohibited practices by staff. The following practices are prohibited:
a. the use of corporal punishment by any
staff. Corporal punishment does not include the right of staff to protect
themselves or others from attack, nor does it include the exercise of approved
physical restraint as may be necessary to protect a youth from harming
himself/herself or others;
b. any
act or lack of care that injures or significantly impairs the health of any
youth, or is degrading or humiliating in any way;
c. placement of a youth in unapproved
quarters;
d. forcing a youth to
perform any acts that could be considered cruel or degrading;
e. delegation of the staff's authority for
administering discipline and privileges to other youth in the
facility;
f. group punishment for
the acts of an individual;
g.
deprivation of a youth's meals or regular snacks;
h. deprivation of a youth's court
appearances;
i. deprivation of a
youth's clothing, except as necessary for the youth's safety;
j. deprivation of a youth's sleep;
k. deprivation of a youth's medical or mental
health services;
l. physical
exercise used for discipline, compliance, or intimidation;
m. use of any mechanical restraint as a
punishment;
n. use of any chemical
restraint; and
o. administration of
medication for purposes another than treatment of a medical, dental, or mental
health condition.
2. Use
of force by staff on detained youth, through either acts of self-defense or the
use of force to protect a youth from harming himself/herself or others, shall
be immediately reported in writing to the administrator of the facility. A copy
of the written report shall be maintained in the youth's file.
3. The youth shall receive a list of the
prohibited practices. There shall be documentation of acknowledgement of
receipt of the list of prohibited practices by the youth in the youth's
file.
4. A list of prohibited
practices shall be posted in the facility.
5. Any instance of a prohibited practice
shall be documented immediately in the youths file.
D. Behavior Management System
1. The provider shall have a written policy
and procedure for the behavior management system to be used to assist the youth
in conforming to established standards of behavior and the rules and
regulations of the facility.
2. The
behavior management system shall provide written guidelines and parameters that
are readily definable and easily understood by youth and staff.
3. The behavior management system shall be
designed to provide graduated incentives for positive behavior and afford
proportional measures of accountability for negative behavior.
4. Incentives shall not include any program,
service, or physical amenity to which the youth is already entitled by these
rules or federal, state, or local laws.
E. Room Confinement/Isolation/Segregation
1. The provider shall have written policies
and procedures to be adhered to when a youth is confined to his/her sleeping
room or an isolation room. They will include the use of room confinement, room
isolation, protective isolation, and administrative segregation.
2. When a youth is placed in room
confinement/isolation/segregation, the following shall be adhered to:
a. The administrator or designee shall
approve the confinement of a youth to his/her sleeping room or an isolation
room.
b. During the period of time
a youth is in confinement, the youth shall be checked by a staff member at
least every 15 minutes. The staff shall be alert at all times for indications
of destructive behavior on the part of the youth, either self-directed or
toward the youth's surroundings. Any potentially dangerous item on the youth or
in the sleeping rooms shall be removed to prevent acts of self-inflicted
harm.
c. The following information
shall be recorded and maintained for that purpose prior to the end of the shift
on which the restriction occurred:
i. the
name of the youth;
ii. the date,
time and type of the youth's restriction;
iii. the name of the staff member requesting
restriction;
iv. the name of the
administrator or designee authorizing restriction;
v. the reason for restriction;
vi. the date and time of the youth's release
from restriction; and
vii. the
efforts made to de-escalate the situation and alternatives to isolation that
were attempted.
d. Staff
involved shall file an incident report with the shift supervisor by the end of
the shift. The report shall outline in detail the presenting circumstances and
a copy shall be kept in a central incident report file. At a minimum, the
incident report shall contain the following:
i. name of the youth;
ii. date and time the incident
occurred;
iii. a brief description
of the incident;
iv. where the
incident occurred;
v. any youth
and/or staff involved in the incident;
vi. immediate treatment provided if
any;
vii. signature of the staff
completing the report; and
viii.
any follow-up required.
e. If the confinement continues through a
change of shifts, a relieving staff member shall check the youth and the room
prior to assuming his or her post and assure that the conditions set forth in
these rules are being met.
f. There
shall be a means for the youth to communicate with staff at all
times.
g. There shall be no
reduction in food or calorie intake.
h. The youth shall have access to bathroom
facilities, including a toilet and washbasin.
3. Room Isolation
a. This type of isolation shall be utilized
only while the youth is an imminent threat to safety and security.
b. Staff shall hold a youth in isolation only
for the time necessary for the youth to regain self-control and no longer pose
a threat. The amount of time shall in no case be longer than four
hours.
4. Room
Confinement
a. Room confinement shall not be
imposed for longer than 72 hours.
b. If a youth is placed in room confinement
for longer than eight hours, the youth shall be allowed due process. Due
process procedures include the following:
i.
written notice to the youth of the alleged rule violation;
ii. a hearing before a disciplinary committee
comprised of impartial staff who were not involved in the incident of alleged
violation of the rule. The disciplinary committee may gather evidence and
investigate the alleged violation. During the hearing, the youth will be
allowed to be present provided he/she does not pose a safety threat. The youth
may have a staff member of his/her choosing present for assistance. The youth
will be allowed to present his/her case and present evidence and/or call
witnesses;
iii. following the
hearing, the disciplinary committee shall render decision and find the youth at
fault or not;
iv. the youth shall
receive a written notice of the committee's decision and the reasons for the
decision;
v. the youth may appeal a
finding of being at fault to the administrator assigned to the JDF.
5. Administrative
Segregation
a. No youth shall be placed on
administrative segregation for longer than 24 hours without a formal review of
the youth's file by a qualified mental health professional and the facility
administrator.
b. While a youth is
on administrative segregation, the youth shall be provided with daily
opportunities to engage in program activities such as education and large
muscle exercise, as his/her behavior permits. The program activities may be
individual or with the general population, at the discretion of the
administrator or designee.
F. Staff Intervention/Restraints
1. The provider shall have written policies
and procedures and practices regarding the progressive response for a youth who
poses a danger to themselves, others, or property. Approved physical escort
techniques, physical restraints and mechanical restraint devices are the only
types of interventions that may be used in the facility. Physical, chemical
agents, and mechanical restraints shall only be used in instances where the
youth's behavior threatens imminent harm to the youth or others, or serious
property destruction, and shall only be used as a last resort. Plastic cuffs
shall only be used in emergency situations. Use of any percussive or electrical
shocking devices or chemical restraints is prohibited.
2. Chemical Agent Usage
a. Facility director may authorize the use of
chemical agents when the situation is such that the youth:
i. is armed /and/or barricaded; or
ii. can be approached without danger of
bodily harm to self or others; and it is determined that a delay in bringing
the situation under control would constitute a serious hazard to the youth or
others, or would result in a major disturbance or serious property
damage.
b. Chemical
agents must not be used upon youth for purely punitive or malicious purposes -
use must be justified upon circumstances that meet the standards
c. Chemical agents shall be stored in a
secured locker with inventory and Safety Data Sheets nearby.
i. After an incident involving the use of
chemical agents, all chemical agent containers shall be weighed and the weight
recorded. If an inventory check reveals more than a .1 gram in weight
difference in the amount of chemical agent stored in a container from the last
inventory check, additional documentation is needed to explain the difference
in weight. Internal investigation shall be completed to determine justification
of dispended chemical agent.
d. Qualified health personnel shall be
consulted prior to staff using chemical agents unless the circumstance require
an immediate response. If possible, the youth's medical file must be reviewed
by qualified health personnel to determine whether the youth has any diseases
or conditions which would be dangerously affected if chemical agents are used.
This includes, but is not limited to: asthma, emphysema, bronchitis,
tuberculosis, obstructive pulmonary disease, angina pectoris, cardiac myopathy
or congestive heart failure.
e. For
staff to be able to use chemical agents, they must be fully trained and current
in certification for Defensive Tactics and chemical agents.
f. The highest ranking officer on duty shall
be the person to administer the chemical agent.
g. During an event involving the use of
chemical agents, the following procedures shall be followed.
i. Staff shall try to first de-escalate the
situation. When possible, staff shall seek assistance of mental health and/or
qualified health personnel at the onset of violent behavior to assist staff
with attempts to de-escalate.
ii.
If staff is not able to de-escalate the situation, staff shall seek
authorization for use of chemical agents. Authorization must be obtained from
the facility administrator.
iii.
All attempts to receive authorization shall be logged as well as from whom the
authorization was received, including date and time.
iv. Video recording is required during an
event that involves the use of chemical agents.
v. Upon gaining physical control, staff shall
seek the assistance of qualified health personnel who shall examine the youth
and treat any injuries. If any staff involved in a use of chemical agents event
reports an injury, qualified health personnel should provide an immediate
examination and initial emergency treatment as required.
vi. After an event involving the use of
chemical agents, the cell, room, or common area cannot again be used until the
area has been cleaned and disinfected and the agent or agents
neutralized.
3.
Restraints shall not be used for punishment, discipline, retaliation,
harassment, intimidation or as a substitute for room restriction or
confinement.
4. When a youth
exhibits any behavior that may require staff intervention, the following
protocol shall be adhered to when implementing the intervention unless the
circumstances do not permit a progressive response:
a. Staff shall begin with verbal calming or
de-escalation techniques.
b. Staff
shall use an approved physical escort technique when it is necessary to direct
the youth's movement from one place to another.
c. Staff shall use the least restrictive
physical or mechanical restraint necessary to control the behavior.
d. If physical force is required, the use of
force shall be reasonable under the circumstances existing at the moment the
force is used and only the amount of force and type of restraint necessary to
control the situation shall be used.
e. Staff may proceed to a mechanical
restraint only when other interventions are inadequate to deal with the
situation.
f. Staff shall stop
using the intervention as soon as the youth regains self-control.
5. During the period of time a
restraint is being used:
a. the youth shall be
checked by a staff member at least every 15 minutes. Documentation of these
checks shall be recorded and maintained in the youth's file. If the use of the
restraint exceeds 60 minutes, a health professional must authorize the
continued use of the restraint. However, restraints cannot be used for longer
than four hours;
b. there shall be
a means for the youth to communicate with staff at all times;
c. staff shall not withhold food while a
youth is in a mechanical restraint;
d. the youth shall have access to bathroom
facilities, including a toilet and washbasin.
6. In all situations in which a restraint or
chemical agent is used, staff involved shall record an incident report with the
shift supervisor by the end of the shift. The report shall outline in detail
the presenting circumstances and a copy shall be kept in a central incident
report file. At a minimum, the incident report shall contain the following:
a. the name of the youth;
b. the date, time, and location the
intervention was used;
c. the type
of intervention used;
d. the name
of the staff member requesting use of the intervention;
e. the name of the supervisor authorizing use
of the intervention;
f. a brief
description of the incident and the reason for the use of the
intervention;
g. the efforts made
to de-escalate the situation and alternatives to the use of intervention that
were attempted;
h. any other youth
and/or staff involved in the incident;
i. any injury that occurred during the
intervention restraint and immediate treatment provided if any;
j. the date and time the youth was released
from the intervention;
k. the name
and title of the health professional authorizing continued use of a restraint
if necessary beyond 60 minutes;
l.
signature of the staff completing report; and
m. any follow-up required.
7. The youth shall receive a list
of the prohibited practices. There shall be documentation of acknowledgement of
receipt of the list of prohibited practices by the youth in the youth's
file.
8. Facility staff shall not
use physical restraints or mechanical restraints unless they have been trained
in the use of such restraints. Training shall include methods of monitoring and
assessing a restrained youth for injuries and loss of circulation as a result
of the use of mechanical restraint.
9. After any incident of use of a restraint,
medical follow-up shall occur as soon as a qualified medical professional is
available at the facility, or sooner if medically necessary as determined by
the facility administrator.
G. Prohibited Practices When Using Restraints
1. The provider shall have a written list of
prohibited practices by staff members when using a restraint. This following
are prohibited:
a. restraints that are solely
intended to inflict pain;
b.
restraints that put a youth face down with sustained or excessive pressure on
the back, chest cavity, neck or head;
c. restraints that obstruct the airway or
impair the breathing of the youth;
d. restraints that restrict the youth's
ability to communicate;
e.
restraints that obstruct a view of the youth's face;
f. any technique that does not allow
monitoring of the youth's respiration and other signs of physical distress
during the restraint;
g. any use of
four or five-point restraints, straightjackets, or restraint chairs;
h. mechanical restraint devices that are so
tight they interfere with circulation or that are so loose they cause chafing
of the skin;
i. use of a waistband
restraint on a pregnant youth;
j.
use of a mechanical restraint that secures a youth in a position with his/her
arms and/or hands behind the youth's back (hog-tied) or front, with arms or
hands secured to the youth's legs; and/or
k. use of a mechanical restraint that affixes
the youth to any fixed object, such as room furnishings or fixtures.
2. A youth in mechanical
restraints shall not participate in any physical activity, other than walking
for purposes of transportation.
3.
A list of these prohibitions shall be posted in the facility.
4. The youth shall receive a list of the
prohibitions when using a restraint. There shall be documentation of
acknowledgement of receipt of the list of prohibitions in the youth's
file.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.