La. Admin. Code tit. 48 § I-6903

Current through Register Vol. 50, No. 11, November 20, 2024

Section 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.

La. Admin. Code tit. 48, § I-6903

Promulgated by the Department of Health and Human Resources, Office of the Secretary, Division of Licensing and Certification, LR 13:246 (April 1987).

AUTHORITY NOTE: Promulgated in accordance with R.S. 46:51, 46:1401-1424.