Mont. Admin. r. 20.9.612 - MANAGEMENT, STAFF, AND TRAINING

(1) Each facility must have a director or program manager to whom all employees or units are responsible and who has responsibility and accountability for the day-to-day operations of the facility.

(a) The director must have the following qualifications:

(i) a bachelor's degree supplemented with experience working with youth or appropriate graduate education, or an equivalent combination of education and experience;

(ii) a thorough understanding of the purposes and programs of youth detention facilities in general;

(iii) general leadership, administrative, and management ability, including the ability to supervise youth care personnel; and

(iv) have or attain within three months of beginning employment a thorough working knowledge of the Youth Court Act and related laws of Montana regarding law enforcement, apprehension and detention of youth, and the youths' rights under the law.

(2) Each short-term detention facility must have an identified program manager to whom all employees are responsible and who has responsibility and accountability for the day-to-day operations of the facility.

(a) The program manager must have the following qualifications:

(i) a bachelor's degree or at least three years' experience in a supervisory position involving human services responsibility;

(ii) a thorough understanding of the purposes of the facility; and

(iii) general leadership, administrative, and management ability.

(3) The facility shall employ, train, and supervise an adequate number of staff in order to provide continuous awake supervision of youth and at least one immediately available staff member of the same gender as the youth.

(a) The minimum ratio of staff on duty to numbers of youth must be:

(i) 1:8 from 7:00 a.m. to 11:00 p.m. with a minimum of two staff; and

(ii) 1:12 from 11:00 p.m. to 7:00 a.m. An additional designated staff person must be available onsite for backup at all times.

(b) No staff member or other person having direct contact with the youth in the facility shall conduct themselves in a manner which poses any potential threat to the health, safety, or well-being of the youth in detention.

(4) All youth care facility staff must meet the following general qualifications on their first day of employment:

(a) relevant experience working with youth;

(b) be at least 18 years of age;

(c) have successfully passed background checks by both law enforcement and the Child Protective Services Division of the Department of Public Health and Human Services;

(d) be physically, mentally, and emotionally competent to care for youth; and

(e) understand the purpose of the youth detention facility and be willing to carry out its policies and programs.

(5) Written policy, procedure, and practice must provide that:

(a) each new employee receive 40 hours of orientation training before undertaking assignments;

(b) each new juvenile detention officer in the first year of employment complete 120 hours of training as defined by American Correctional Association (ACA) standards and applicable Montana law;

(c) each employee receive 20 hours of in-service training each year thereafter; and

(d) cardiopulmonary resuscitation (CPR) and First Aid training be accomplished annually by each youth care staff member in addition to the required 20 hours of annual training.

(6) Orientation training must include, at a minimum, the following:

(a) certification in CPR;

(b) purpose, goals, policies, and procedures of the facility;

(c) working conditions and regulations;

(d) employees' rights and responsibilities;

(e) emergency response procedures;

(f) suicide risk and assessment;

(g) first aid;

(h) overview of juvenile justice system;

(i) youth rights;

(j) training in intervention and restraint;

(k) communicable diseases and blood-borne pathogens;

(l) the provisions of the Montana Youth Court Act; and

(m) PREA.

(7) All training must be documented in each staff member's personnel file.

Notes

Mont. Admin. r. 20.9.612

NEW, 1999 MAR p. 121, Eff. 1/15/99; AMD, 2005 MAR p. 2665, Eff. 12/23/05; AMD, 2011 MAR p. 570, Eff. 4/15/11.

41-5-1802, MCA; IMP, 41-5-1802, MCA;