12 CAR Part 51 — Juvenile Detention Facility Standards

title-12-part-5112 CAR pt. 51Regulation

Chapter VIII

Subchapter A

Subpart 1

12 CAR § 51-101 Definitions {#sec-12-car-51-101 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-101}

12 CAR § 51-101. Definitions.

(a) The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise:

(1) “Chief executive” means the elected or appointed person on whom rests the ultimate authority and responsibility for the administration and operation of the juvenile detention facility and for the care and confinement of the detainees confined herein, and for all facility personnel;

(2) “Director” means the individual employed, either salaried, hourly, or by contract, who is charged with the direct, day-to-day responsibilities for administration, operation, supervision of staff and/or juveniles, and maintenance of the juvenile detention facility and/or the hold-over detention facility (seventy-two (72) hours);

(3) “Family in need of services” means any family with a valid court order whose juvenile evidences behavior which includes, but is not limited to, the following:

(A) Being habitually and without justification absent from school while subject to compulsory school attendance;

(B) Being habitually disobedient to the reasonable and lawful commands of his or her:

(i) Parent;

(ii) Guardian; or

(iii) Custodian; or

(C) Having absented himself or herself from his or her home without sufficient:

(i) Cause;

(ii) Permission; or

(iii) Justification;

(4)(A) “Full-service detention facilities” means programs that detain juveniles for up to ninety (90) days and offer complete residential services such as education and recreational opportunities.

(B) The time limit does not apply to juveniles charged as adults and detained in the facility;

(5)(A) “Health authority” means a licensed:

(i) Physician;

(ii) Health administrator; or

(iii) Agency.

(B) When this authority is a person other than a licensed physician, final medical judgment rests with a single responsible physician who is licensed in Arkansas, who has been so designated by the chief executive;

(6) “Holdover detention facility” (seventy-two (72) hours excluding weekends and holidays) means a secure area separate from an adult jail that is used to hold an accused juvenile offender only, prior to a detention hearing;

(7) “Juvenile” means an individual who is under eighteen (18) years of age, whether married or single, and is adjudicated delinquent, is a juvenile member of a family in need of services, or has been found to be dependent or dependent-neglected by the juvenile division of circuit court prior to eighteen (18) years of age and for whom the juvenile division of circuit court retains jurisdiction;

(8) “Juvenile detention facility” means any facility for the temporary care of juveniles alleged to be delinquent, or adjudicated delinquent and awaiting disposition, or charged or convicted of a criminal offense, which require secure custody in a physically restricting facility designed and operated with all entrances and exits under the exclusive control of the facility's staff;

(9)(A) “Juvenile detention staff” means one whose primary responsibility is the supervision of the daily activities of detained juveniles.

(B) Administrative, food services, janitorial, and other auxiliary staff are not considered to be juvenile detention staff;

(10) “Licensed dietician” means a person licensed by the Arkansas Dietetics Licensing Board;

(11) “Nonoffender” means a juvenile who is subject to the jurisdiction of the juvenile court, usually under abuse, dependency, or neglect statutes for reasons other than legally prohibited conduct of the juvenile with the exception of a FINS with court order; and

(12)(A) “Status offender” means a juvenile offender who has been charged with or adjudicated for conduct which would not, under the law of the jurisdiction in which the offense was committed, be a crime if committed by an adult.

(B) A status offender is not considered a FINS under valid court order.

(b) The use of the terms he and him within this part shall also mean she and her.

(c) Use of the word shall within this part denotes a mandatory standard.

(d) Use of the word should within this part denotes a recommended standard.

History

  • Codification Notes: “FINS” means family in need of services. Authority: Arkansas Code § 12-26-103

Subpart 2

12 CAR § 51-201 Governing authority — Not applicable to holdover facilities {#sec-12-car-51-201 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-201}

12 CAR § 51-201. Governing authority — Not applicable to holdover facilities.

The governing authority will hold meetings at least semiannually with the facility administrator to:

(1) Facilitate communication;

(2) Establish policy;

(3) Explore problems;

(4) Ensure conformity to legal and fiscal requirements; and

(5) Implement programs.

12 CAR § 51-202 Nonoffenders {#sec-12-car-51-202 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-202}

12 CAR § 51-202. Nonoffenders.

Juveniles who have not been charged with a status offense or a criminal offense shall not be held in the facility.

12 CAR § 51-203 Maintenance {#sec-12-car-51-203 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-203}

12 CAR § 51-203. Maintenance.

Service personnel, other than facility staff, shall perform work in the facility only under direct and continuous supervision of facility staff in those areas permitting contact with juveniles.

12 CAR § 51-204 Policies and procedures {#sec-12-car-51-204 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-204}

12 CAR § 51-204. Policies and procedures.

The facility shall adopt and enforce written policies and procedures which:

(1) Provide for a communications system within the facility that requires at a minimum that the facility administrator meets at least monthly with all staff members;

(2) Specify that the facility administrator participates in the formulation of goals for the facility and establishes policies and priorities related to them;

(3) Provides that the facility administrator report at least annually to its governing authority regarding major problems and plans for resolving them;

(4) Provides a policy/procedures manual that specifically describes the facility's purpose, programs, and services offered, which is reviewed at least annually and updated as necessary;

(5)(A) Provides an operations manual that delineates written policies and procedures for operating and maintaining the facility.

(B) The manual shall be explained and made available to all employees at the time of their employment;

(6) Describes the roles and functions of employees of other public or private agencies that provide a service to the facility as they relate to the authority and responsibility of the facility administrator;

(7) Provide that legal assistance is available to the facility administrator;

(8) Require that the juvenile court served by the facility is advised at least annually of the extent and availability of services and programs for juveniles;

(9) Specifies that the facility administrator is responsible for all applicable standards; and

(10) Requires a representative of the Juvenile Justice Reform Subcommittee of the Arkansas Supreme Court Commission on Children, Youth and Families to ensure updating of all policy and procedure recommendations for the commissioners to take action.

12 CAR § 51-205 Organizational chart — Not applicable to holdover facilities {#sec-12-car-51-205 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-205}

12 CAR § 51-205. Organizational chart — Not applicable to holdover facilities.

There is an organizational chart for the facility staff that accurately reflects the structure of authority, responsibility, and accountability within the facility.

12 CAR § 51-206 Rules for private facility operation {#sec-12-car-51-206 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-206}

12 CAR § 51-206. Rules for private facility operation.

If not a governmental entity, the facility has bylaws approved by the governing authority which are filed with the local and state body and include at a minimum:

(1) Membership (types, qualifications, community representation, rights, duties);

(2) Size of the governing authority;

(3) Method of selection;

(4) Terms of office;

(5) Duties and responsibilities of officers;

(6) Times authority will meet;

(7) Committees;

(8) Quorums;

(9) Parliamentary procedures;

(10) Recording of minutes;

(11) Method of amending the bylaws;

(12) Conflict of interest provisions; and

(13) Specification of the relationship of the facility administrator to the governing authority chief executive.

Subpart 3

12 CAR § 51-301 Information retrieval {#sec-12-car-51-301 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-301}

12 CAR § 51-301. Information retrieval.

The facility administrator has access to and uses an organized system of information retrieval and review that is part of the decision-making process.

12 CAR § 51-302 Criteria for evaluation {#sec-12-car-51-302 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-302}

12 CAR § 51-302. Criteria for evaluation.

There are specific, written definitions of criteria for evaluating overall facility performance.

12 CAR § 51-303 Daily population report {#sec-12-car-51-303 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-303}

12 CAR § 51-303. Daily population report.

Facility staff maintains a daily report of juvenile population movement.

12 CAR § 51-304 Collection and retention of information {#sec-12-car-51-304 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-304}

12 CAR § 51-304. Collection and retention of information.

The facility administrator participates in the review of policies and practices regarding the collection and retention of information pertaining to the juveniles assigned to the facility at least annually.

12 CAR § 51-305 Data processing of records {#sec-12-car-51-305 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-305}

12 CAR § 51-305. Data processing of records.

(a) Facilities are required to maintain active files.

(b) The files of juveniles will be purged when the juvenile reaches the age of twenty-one (21).

12 CAR § 51-306 Record management {#sec-12-car-51-306 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-306}

12 CAR § 51-306. Record management.

(a) Written policies and procedures govern record management and include but are not limited to:

(1) The establishment, utilization, content, privacy, security, and preservation of records; and

(2) A schedule for the retirement or destruction of inactive case records.

(b) These policies and procedures are reviewed annually.

12 CAR § 51-307 Intake form {#sec-12-car-51-307 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-307}

12 CAR § 51-307. Intake form.

An intake form is completed for every juvenile admitted to the facility and contains at least the following information:

(1) Date and time of admission and release;

(2) Name and nicknames;

(3) Last known address;

(4) Legal status (authority for admission);

(5) Name of attorney, if any;

(6) Name, title, and signature of delivering officer;

(7) Specific charge or charges;

(8) Sex, date of birth, place of birth, race/nationality;

(9) Education and school attended;

(10) Employment, if any;

(11) Religion/denominational preference;

(12) Health status;

(13) Medical consent forms;

(14) Name, relationship, address, and telephone number of the parent or parents, guardian or guardians, or person or persons the juvenile resides with at time of admission;

(15) Driver's license number, Social Security number, and Medicaid number if applicable;

(16) Court and disposition, if any;

(17) Space for remarks (to include notation of any open wounds or sores requiring treatment, evidence of disease or body vermin, tattoos, etc.);

(18) Person recording data;

(19) Inventory of property; and

(20) Emergency contact person or persons.

12 CAR § 51-308 Policies for records {#sec-12-car-51-308 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-308}

12 CAR § 51-308. Policies for records.

Written policies and procedures require the responsible staff members to make all entries into the records assigned to them and date and sign each entry.

12 CAR § 51-309 Master file {#sec-12-car-51-309 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-309}

12 CAR § 51-309. Master file.

There is a single master file identifying all juveniles detained in the facility.

12 CAR § 51-310. Release of Information Consent Form.

(a) Information, other than authorized by law, can be released only with a consent form signed by parents, guardian or guardians, legal custodian or custodians, and juvenile.

(b) The Release of Information Consent Form shall be signed before the release of information as required by statute or rule.

(c) The consent form must comply with applicable federal or state statute, rule, or regulation and a copy of the form shall be maintained in the juvenile's record.

12 CAR § 51-311 Access to records {#sec-12-car-51-311 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-311}

12 CAR § 51-311. Access to records.

Consistent with statute and rule, written policies and procedures provide that individuals and agencies may have access to records for the purposes of research, evaluation, and statistical analysis in accordance with a formal written agreement that:

(1) Authorizes access;

(2) Specifies uses of data; and

(3) Ensures confidentiality and security.

Subpart 4

12 CAR § 51-401 Budget {#sec-12-car-51-401 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-401}

12 CAR § 51-401. Budget.

(a) The facility budget shall include provisions for:

(1) Salaries and fringe benefits;

(2) Cost of food;

(3) Cost of clothing;

(4) Cost of medical and related services;

(5) Cost of psychological and psychiatric services, if applicable;

(6) Adequate physical facilities and equipment and maintenance of same;

(7) Cost of indoor and outdoor recreational materials and/or services;

(8) Cost of special services as may be required;

(9) Budget for education;

(10) Training and travel; and

(11) Transports.

(b) The director participates in budget reviews conducted by the parent agency.

12 CAR § 51-402 Accounting {#sec-12-car-51-402 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-402}

12 CAR § 51-402. Accounting.

(a) The fiscal system accounts for all income and expenditures on an on-going basis.

(b) The facility has written policies and procedures that describe:

(1) The methods used for collecting, safeguarding, and disbursing moneys in compliance with accepted accounting procedures;

(2) The provisions for:

(A) Internal controls;

(B) Petty cash procedures;

(C) Signature control on all checks;

(D) Handling of juvenile funds; and

(E) Employee expense reimbursement; and

(3) Facility insurance coverage that includes workers’ compensation, vehicles, civil liability, and public employee blanket bond.

Subpart 5

12 CAR § 51-501 Juvenile detention staff {#sec-12-car-51-501 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-501}

12 CAR § 51-501. Juvenile detention staff.

(a) Sufficient staff must be available so that juveniles are not left unsupervised at any time.

(b)(1) During daylight hours, there shall be a ratio that provides a minimum of one (1) staff per twelve (12) juveniles.

(2) During sleeping hours, there may be one (1) staff per sixteen (16) juveniles.

(c) When both male and female juveniles are present and housed in the facility, there shall be a minimum of one (1) male and one (1) female staff person present.

(d) At no time shall there be less than two (2) staff members on duty.

12 CAR § 51-502 Security devices {#sec-12-car-51-502 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-502}

12 CAR § 51-502. Security devices.

(a) Written policies and procedures govern the availability, control, and use of chemical agents and related security devices.

(b) Chemical agents and related security devices are used only at the direction of the facility administrator or designee.

(c) A written report is prepared following all use of force and is submitted to the facility administrator.

12 CAR § 51-503 Facility security {#sec-12-car-51-503 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-503}

12 CAR § 51-503. Facility security.

Written policies and procedures require that all security perimeter entrances, exterior doors, and all doors the facility administrator determines should be locked are kept locked except when used for admission or exit of employees, detained juveniles or visitors, and in emergencies.

12 CAR § 51-504 Population accountability {#sec-12-car-51-504 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-504}

12 CAR § 51-504. Population accountability.

The facility has a system to physically count juveniles that includes strict accountability for juveniles assigned to work and educational release, furloughs, and other approved, temporary absences.

12 CAR § 51-505 Daily logs {#sec-12-car-51-505 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-505}

12 CAR § 51-505. Daily logs.

Written policies and procedures require that supervisory staff maintain a permanent log and prepare shift reports that record routine and emergency situations.

12 CAR § 51-506 Security device maintenance {#sec-12-car-51-506 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-506}

12 CAR § 51-506. Security device maintenance.

(a) Written policies and procedures provide for weekly inspection and maintenance of security devices.

(b) Corrective action is initiated when necessary.

12 CAR § 51-507 Weapons control {#sec-12-car-51-507 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-507}

12 CAR § 51-507. Weapons control.

(a) No weapons are permitted in the secure section of the facility except in emergency situations.

(b) Secure weapons lockers will be provided within the facility for storage of weapons as defined in the facility’s policy.

12 CAR § 51-508 Equipment control {#sec-12-car-51-508 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-508}

12 CAR § 51-508. Equipment control.

Written policies and procedures govern the control and use of:

(1) Keys;

(2) Tools;

(3) Medical equipment; and

(4) Culinary equipment.

12 CAR § 51-509 Shift assignments {#sec-12-car-51-509 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-509}

12 CAR § 51-509. Shift assignments.

(a) There are written operational shift assignments that state the duties and responsibilities for each assigned position in the facility.

(b) These shift assignments are reviewed at least annually and updated as necessary.

12 CAR § 51-510 Unlawful flight {#sec-12-car-51-510 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-510}

12 CAR § 51-510. Unlawful flight.

(a) There are written procedures for handling:

(1) Escapes;

(2) Runaways; and

(3) Unauthorized absences.

(b) These are reviewed at least annually and updated as necessary.

12 CAR § 51-511 Emergency procedures {#sec-12-car-51-511 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-511}

12 CAR § 51-511. Emergency procedures.

(a) There are written plans that specify procedures, including evacuation route or routes from or within facility, staff in charge, and areas of responsibility which must be followed in emergency situations, e.g., natural disasters including fire, earthquake, tornado, or similar severe weather disturbances, human-made disasters, other similar extreme disturbances, or taking of hostages.

(b) These plans are made available to all applicable personnel and they are reviewed and updated at least annually.

12 CAR § 51-512 Restraints/use of force {#sec-12-car-51-512 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-512}

12 CAR § 51-512. Restraints/use of force.

(a) Written policies and procedures provide that instruments of restraint are never applied as a method of punishment and are applied only with the approval of the facility administrator or designee.

(b) Written policies and procedures limit the use of physical force to instances of self-protection, protection of the juvenile or others, prevention of property damage, prevention of escapes, and in accordance with appropriate statutory authority.

(c) A written report is prepared following all use of force and is submitted to the facility administrator.

12 CAR § 51-513 Vehicle security {#sec-12-car-51-513 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-513}

12 CAR § 51-513. Vehicle security.

Written policies and procedures govern safety and security precautions pertaining to facility and staff vehicles.

12 CAR § 51-514 Policies governing transportation {#sec-12-car-51-514 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-514}

12 CAR § 51-514. Policies governing transportation.

Written policies and procedures govern the emergency and nonemergency transportation of juveniles outside the facility and from one jurisdiction to another.

12 CAR § 51-515 Security checks {#sec-12-car-51-515 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-515}

12 CAR § 51-515. Security checks.

(a) For those juveniles who have known mental or behavioral problems, detention personnel shall check at five-minute intervals and a check shall be documented.

(b) All other juveniles will be checked at fifteen-minute intervals.

12 CAR § 51-516 Juvenile authority prohibited under all circumstances {#sec-12-car-51-516 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-516}

12 CAR § 51-516. Juvenile authority prohibited under all circumstances.

No juvenile shall:

(1) Exercise any authority over other juveniles;

(2) Be given access to records of other juveniles; or

(3) Be permitted to have access to, or use of, keys that control facility security.

12 CAR § 51-517 Search procedures {#sec-12-car-51-517 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-517}

12 CAR § 51-517. Search procedures.

Searches are conducted in these circumstances only:

(1)(A) A juvenile may be required to surrender his or her clothing, undergo an anal or genital bodily cavity search, and submit to a search only if there is probable cause to believe he or she is concealing contraband.

(B) A body cavity search may be conducted only by a licensed medical professional; and

(2)(A) All special incidents including but not limited to the taking of hostages, escapes, assaults, staff use of restraint devices, and physical force are reported in writing to the director.

(B) The report is also placed in the file of the juvenile concerned.

Subpart 6

12 CAR § 51-601 Hiring requirements {#sec-12-car-51-601 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-601}

12 CAR § 51-601. Hiring requirements.

The facility has written policies and procedures that describe:

(1) That the facility is in compliance with Titles VI and VII of the Civil Rights Act of 1964 and operates, manages, and delivers services without regard to:

(A) Age;

(B) Religion;

(C) Handicap;

(D) Sex;

(E) Race;

(F) Color; or

(G) National origin;

(2) The selection, retention, and promotion of all personnel based on merit and specified qualifications;

(3) The requirement for a criminal records check for all new employees and shall be in accordance with local city or county policies;

(4) The requirement for a physical examination of all employees by a physician at the time of employment to include drug testing in accordance with county policy;

(5) The requirement for a psychological evaluation of all juvenile detention staff as defined in 12 CAR § 51-201 et seq. (see Addendum A);

(6) A written grievance procedure available to all employees;

(7) A written annual performance evaluation of each employee based on defined criteria which are reviewed and discussed with the employee;

(8) The personnel benefits, including at a minimum:

(A) The number of holidays;

(B) Other leave allowances; and

(C) Expectations concerning work hours, including flex-time;

(9) The requirements regarding staff-juvenile relationships;

(10) The requirements regarding physical fitness requirements;

(11) The availability of and requirements regarding in-service training; and

(12) Juvenile detention personnel shall be at least twenty-one (21) years of age.

History

  • Codification Notes: Title VI of the Civil Rights Act of 1964 is codified at 42 U.S.C. § 2000d et seq. Authority: Arkansas Code § 12-26-103
12 CAR § 51-602 Acknowledging policies {#sec-12-car-51-602 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-602}

12 CAR § 51-602. Acknowledging policies.

(a) The facility shall provide a copy of personnel policies and procedures to all employees.

(b) Each employee shall sign a statement acknowledging receipt of the policies and procedures and his or her responsibility for being aware of their contents.

12 CAR § 51-603 Annual review of policies {#sec-12-car-51-603 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-603}

12 CAR § 51-603. Annual review of policies.

The facility administrator shall review the personnel policies at least annually and submit recommended changes to the parent agency or governing authority.

Subpart 7

12 CAR § 51-701 Training requirements {#sec-12-car-51-701 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-701}

12 CAR § 51-701. Training requirements.

Written policies and procedures provide that all training programs are presented by persons who are qualified in the areas in which they are conducting training.

12 CAR § 51-702 Training curriculum {#sec-12-car-51-702 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-702}

12 CAR § 51-702. Training curriculum.

The training curriculum/program is developed, evaluated, and updated based on an annual assessment that identifies current job-related training needs.

12 CAR § 51-703 In-service training {#sec-12-car-51-703 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-703}

12 CAR § 51-703. In-service training.

(a) Written policies and procedures provide that all new full-time employees receive juvenile orientation/training before being independently assigned to a particular job.

(b) This orientation and training shall include at a minimum forty (40) hours of in-service training the first year and then, after, sixteen (16) hours of continuing education to include:

(1) Discussion of the purpose, goals, policies, and procedures of the institution and parent agency;

(2) Working conditions and regulations;

(3) Responsibilities and rights of employees;

(4) An overview of the juvenile justice and correctional field; and

(5) The following additional areas are specific requirements for staff who supervise juveniles:

(A) Security procedures;

(B) Supervision of juveniles;

(C) Use of force regulation;

(D) Report writing;

(E) Juvenile rules and regulations;

(F) Rights and responsibilities of juveniles;

(G) Fire and emergency procedures;

(H) Key control;

(I) Interpersonal relations;

(J) Social/cultural lifestyles of the juvenile population;

(K) Child growth and development;

(L) Communication skills;

(M) First aid/CPR;

(N) Crisis resolution;

(O) Mandated child abuse reporting procedures;

(P) Suicide prevention;

(Q) Defensive tactics and de-escalation training; and

(R) ADD/ADHD training.

History

  • Codification Notes: “CPR” means cardiopulmonary resuscitation."ADD" means attention-deficit disorder."ADHD" means attention-deficit hyperactivity disorder. Authority: Arkansas Code § 12-26-103
12 CAR § 51-704 Training received {#sec-12-car-51-704 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-704}

12 CAR § 51-704. Training received.

Written policies and procedures will provide a method for acknowledging and giving credit for prior training received.

12 CAR § 51-705 Orientation for clerical support {#sec-12-car-51-705 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-705}

12 CAR § 51-705. Orientation for clerical support.

Written policies and procedures provide that all clerical/support employees who have minimal contact with juveniles receive an orientation to the purpose, goals, policies, and procedures of the institution, as well as task orientation relative to their particular job assignments.

12 CAR § 51-706 Training of part-time employees and volunteers {#sec-12-car-51-706 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-706}

12 CAR § 51-706. Training of part-time employees and volunteers.

All part-time staff and volunteers working less than forty (40) hours per week receive training appropriate to their assignments.

12 CAR § 51-707 Compensation {#sec-12-car-51-707 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-707}

12 CAR § 51-707. Compensation.

Written policies and procedures provide for compensating eligible staff for additional time spent in training or for replacement personnel when training occurs on the job.

Subpart 8

12 CAR § 51-801 Admission procedure {#sec-12-car-51-801 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-801}

12 CAR § 51-801. Admission procedure.

(a) No juvenile may be placed in secure detention in a jail, adult lockup, or other adult or juvenile detention facility except as authorized by the Arkansas Juvenile Code of 1989, Acts 1989, No. 273, §§ 12, 21, and 35.

(b) Written procedures for admitting new juveniles shall include, but are not limited to:

(1) Verification of legal authority to detain;

(2) Search of the juvenile and possessions;

(3) Disposition of clothing and personal possessions and required inventory documentation;

(4) Distribution of personal hygiene items;

(5) Provision for shower and hair care;

(6) Issuance of clean, laundered clothing, if necessary;

(7) Notification of family, custodian, or guardian;

(8) Assistance to juvenile in notifying their families of their admission;

(9) Intake interview by a detention worker for risk assessment;

(10) Completion of medical history questionnaire at time of admission;

(11) Provision of written orientation materials;

(12) Recording of basic personal data, excluding profiling;

(13) Procedures for handling mail and visiting;

(14) Assignment to a sleeping room; and

(15) Notification of the appropriate intake officer.

(c) Medical screening should be conducted within forty-eight (48) hours, excluding weekends or holidays, by a licensed medical professional, unless the juvenile exhibits illness or injury, then the juvenile shall be referred for immediate medical care.

History

  • Codification Notes: The Arkansas Juvenile Code of 1989 is codified at Arkansas Code § 9-27-301 et seq. Authority: Arkansas Code § 12-26-103
12 CAR § 51-802 Documentation of orientation {#sec-12-car-51-802 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-802}

12 CAR § 51-802. Documentation of orientation.

(a) Written policies and procedures shall provide that new juveniles receive an orientation in a manner and method which is understandable to the juvenile.

(b) Completion of orientation is documented by a statement that is signed and dated by the juvenile.

12 CAR § 51-803 Admission telephone use {#sec-12-car-51-803 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-803}

12 CAR § 51-803. Admission telephone use.

Written policies and procedures shall grant all juveniles the right to make a local or collect long distance telephone call to a family member, attorney, or other approved individual during the admissions process.

Subpart 9

12 CAR § 51-901 Detention of runaways {#sec-12-car-51-901 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-901}

12 CAR § 51-901. Detention of runaways.

(a) Written policies and procedures prohibit the placement in the facility of children who do not have delinquent or criminal charges filed against them except when they are runaways, living beyond a fifty-mile driving distance, or out-of-state and have absented themselves from their home for more than twenty-four (24) hours.

(b)(1) If the juvenile is a runaway and whose parent, guardian, or other person resides in this state, the center may hold this youth for no more than six (6) hours.

(2) If the juvenile's parent, guardian, or other person lives out-of-state, this youth may be held for twenty-four (24) hours, excluding weekends and holidays.

(c) A juvenile held under this section must be separated from detained juveniles charged or held for delinquent or criminal violations.

12 CAR § 51-902 Detention hearing {#sec-12-car-51-902 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-902}

12 CAR § 51-902. Detention hearing.

(a) Written policies and procedures ensure that any juvenile placed in detention under the jurisdiction of juvenile court be brought before the court for a detention hearing as soon as possible but no later than seventy-two (72) hours after the juvenile was taken into custody or, if the seventy-two-hour period ends on a Saturday, Sunday, or holiday, on the next business day.

(b) If these time limits are not met, the juvenile shall be released.

Subpart 10

12 CAR § 51-1001 Procedures for release {#sec-12-car-51-1001 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1001}

12 CAR § 51-1001. Procedures for release.

Written procedures for releasing juveniles include but are not limited to:

(1) Verification of identity;

(2) Verification of release papers;

(3) Completion of release arrangements, including the person or agency to which the juvenile is to be released;

(4) Return of personal effects;

(5) Completion of any pending action, such as:

(A) Grievances;

(B) Claims for damages; or

(C) Lost possessions;

(6) Transportation arrangements;

(7) Instructions on forwarding mail; and

(8)(A) Written policies and procedures specify that the presence of a detainer is not an automatic bar to release.

(B) The basis of any such detainer is to be investigated to determine the status of the detainee and when appropriate, the juvenile is to be released to the detainer.

Subpart 11

12 CAR § 51-1101 Rights of juveniles {#sec-12-car-51-1101 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1101}

23 CAR § 51-1101. Rights of juveniles.

(a) While being detained, the rights of juveniles shall be preserved.

(b) The rights of juveniles while in detention are not diminished or denied for disciplinary reasons.

(c) Written policies and procedures shall provide that juveniles are ensured their rights, subject only to the limitations necessary to maintain order and security in the facility.

(d) Included are the following juvenile rights:

(1) Freedom from discrimination because of:

(A) Race;

(B) National origin;

(C) Color;

(D) Creed;

(E) Sex; or

(F) Physical handicap;

(2) Equal access for male and female juveniles to all programs and services offered at a facility housing both sexes;

(3) A written grievance procedure which is explained and made available to juveniles and allows for at least one (1) level of appeal;

(4) Participation in religious services and religious counseling on a volunteer basis;

(5) Access to recreational opportunities and equipment including, when the climate permits, outdoor exercise;

(6)(A) Access to the courts and confidential contact with attorneys and their authorized representatives.

(B) Such contact includes, but is not limited to:

(i) Telephone conversations;

(ii) Uncensored correspondence; and

(iii) Visits;

(7) Not to be subject to corporal or unusual punishment, humiliation, mental abuse, or punitive interference with the daily functions of living such as eating or sleeping;

(8) To receive visitors as per the facility's policies as outlined in the policies and procedures manual;

(9) To communicate or correspond with persons or organizations;

(10) Reasonable access to the general public through communications media subject only to the limitations necessary to protect the juvenile's rights;

(11) Media request for interviews shall be in writing;

(12) To determine the length and style of their hair, except in individual cases where such restrictions are necessary for reasons of health and safety;

(13) To keep facial hair, if desired, except in individual cases where such restrictions are necessary for reasons of health and safety;

(14) To wear personal clothing or combinations of their own and facility clothing consistent with the facility guidelines;

(15) To have supervision and control exercised by staff and/or trained volunteers while at the facility;

(16) To not participate in work assignments, unless the work is related to housekeeping, maintenance of the facility grounds, or personal hygiene needs, or the work is part of an approved vocational training program;

(17) To be free from sexual harassment;

(18) To be protected from harm; and

(19) Juveniles shall not be permitted to perform any work prohibited by state rules and federal regulations and statutes pertaining to child labor.

Subpart 12

12 CAR § 51-1201 Rules of conduct {#sec-12-car-51-1201 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1201}

12 CAR § 51-1201. Rules of conduct.

(a) Written rules of juvenile conduct specify acts prohibited within the institution and penalties that may be imposed for various degrees of violation.

(b) The written rules are reviewed annually and updated if necessary.

12 CAR § 51-1202 Rulebook {#sec-12-car-51-1202 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1202}

12 CAR § 51-1202. Rulebook.

(a)(1) A rulebook that contains all chargeable offenses, ranges of penalties, and disciplinary procedures is posted in a conspicuous area.

(2) A copy is given to each juvenile and staff member and is translated into those languages spoken by significant numbers of juveniles.

(b) 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.

12 CAR § 51-1203 Written guidelines {#sec-12-car-51-1203 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1203}

12 CAR § 51-1203. Written guidelines.

There are written guidelines for informally resolving minor juvenile misbehavior.

12 CAR § 51-1204 Room restriction {#sec-12-car-51-1204 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1204}

12 CAR § 51-1204. Room restriction.

(a) Written policies and procedures specify that room restriction for minor misbehavior serves only a cooling off purpose and is short in time duration, with the time period no more than sixty (60) minutes.

(b) Room restriction beyond sixty (60) minutes requires approval of the director or designee.

12 CAR § 51-1205 Disciplinary report {#sec-12-car-51-1205 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1205}

12 CAR § 51-1205. Disciplinary report.

(a) Written policies and procedures require that employees prepare a disciplinary report when they have a reasonable belief that a juvenile has committed a major violation of facility rules or reportable minor violations.

(b) Disciplinary reports prepared by staff members shall include, but are not limited to, the following information:

(1) Specific rules violated;

(2) An explanation of the event, which should include who was involved, what transpired, and the time and location of occurrence, including unusual juvenile behavior;

(3) Staff witnesses;

(4) Disposition of any physical evidence;

(5) Any immediate action taken, including the use of force;

(6) Reporting staff member's signature; and

(7) Time and date report is made.

12 CAR § 51-1206 Solitary confinement {#sec-12-car-51-1206 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1206}

12 CAR § 51-1206. Solitary confinement.

(a) When a juvenile has been accused of a major rule violation requiring solitary confinement for the safety of the juvenile or other juveniles, or to ensure the security of the facility, the youth may be confined for a period of up to twenty-four (24) hours.

(b) Confinement for periods of over twenty-four (24) hours is reviewed every twenty-four (24) hours by the administrator or designee who was not involved in the incident.

(c)(1) Written policies and procedures specify that juveniles placed in confinement are afforded living conditions and privileges approximating those available to the general juvenile population.

(2) Exceptions are justified by clear and sustained evidence.

12 CAR § 51-1207 Audience with staff {#sec-12-car-51-1207 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1207}

12 CAR § 51-1207. Audience with staff.

Whenever juveniles are removed from the regular program, they are seen by the supervisor, counselor, or probation officer assigned as soon as possible, but not more than twenty-four (24) hours after removal.

12 CAR § 51-1208 Review of disciplinary action {#sec-12-car-51-1208 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1208}

12 CAR § 51-1208. Review of disciplinary action.

Written policies and procedures provide for review of all disciplinary actions by the facility administrator to ensure conformity with policies and rules.

12 CAR § 51-1209 Due process {#sec-12-car-51-1209 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1209}

12 CAR § 51-1209. Due process.

Written policies and procedures ensure that prior to room restriction or privilege suspension, the juvenile has the reasons for the restriction explained to him or her and has an opportunity to explain the behavior leading to the suspension.

12 CAR § 51-1210 Report criminal activity {#sec-12-car-51-1210 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1210}

12 CAR § 51-1210. Report criminal activity.

Written policies and procedures provide that in instances in which a juvenile is alleged to have committed a crime, the case is referred to appropriate law enforcement officials for possible prosecution.

Subpart 13

12 CAR § 51-1301 Healthcare plan {#sec-12-car-51-1301 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1301}

12 CAR § 51-1301. Healthcare plan.

Written policies and procedures provide for the delivery of healthcare services, including medical, dental, and mental healthcare services under the control of a designated health authority in accordance with Health Insurance Portability and Accountability Act laws.

12 CAR § 51-1302 Medical authority {#sec-12-car-51-1302 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1302}

12 CAR § 51-1302. Medical authority.

(a) Medical, including psychiatric, and dental matters involving medical judgment are the sole province of the responsible physician and dentist, respectively.

(b) Security regulations that are applicable to facility personnel also apply to health personnel.

12 CAR § 51-1303 Approval of healthcare policies {#sec-12-car-51-1303 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1303}

12 CAR § 51-1303. Approval of healthcare policies.

Written healthcare policies and procedures are approved by the responsible physician and/or medical administrator.

12 CAR § 51-1304 Who may provide health care {#sec-12-car-51-1304 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1304}

12 CAR § 51-1304. Who may provide health care.

(a) Treatment by healthcare personnel other than a physician, dentist, psychologist, optometrist, podiatrist, or other independent provider is performed pursuant to written standing or direct orders by personnel authorized by law to give such orders.

(b) Nurse practitioners and physician assistants may practice within the limits of applicable laws and rules.

12 CAR § 51-1305 Certifications {#sec-12-car-51-1305 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1305}

12 CAR § 51-1305. Certifications.

Appropriate state and federal certification or registration requirements and restrictions apply to personnel who provide healthcare services to juveniles.

12 CAR § 51-1306 Medical screening {#sec-12-car-51-1306 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1306}

12 CAR § 51-1306. Medical screening.

(a) Written policies and procedures require medical screening for all juveniles, including intersystem transfers, upon arrival at the facility.

(b) All findings are recorded on a printed screening form approved by the health authority.

12 CAR § 51-1307 Emergency healthcare plan {#sec-12-car-51-1307 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1307}

12 CAR § 51-1307. Emergency healthcare plan.

The facility administration provides twenty-four-hour emergency medical and dental care availability as outlined in a written plan which includes:

(1) Arrangements for the emergency evacuation of the juvenile from the facility;

(2) Arrangements for the use of an emergency medical vehicle;

(3) Arrangements for the use of one (1) or more designated hospital emergency rooms or other appropriate health facilities; and

(4) Arrangements for emergency on-call physician and dental services when the emergency health facility is not located in a nearby community.

12 CAR § 51-1308 Medication storage {#sec-12-car-51-1308 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1308}

12 CAR § 51-1308. Medication storage.

All medication shall be kept in a locked storage area.

12 CAR § 51-1309 Staff training {#sec-12-car-51-1309 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1309}

12 CAR § 51-1309. Staff training.

(a) Written policy and procedure provide that child care staff and other personnel are trained to respond to health-related situations.

(b) A training program is established by the responsible health authority in cooperation with the facility administration, which includes the following:

(1) Recognition of signs and symptoms, and knowledge of action required in potential emergency situations;

(2) Administration of first aid and cardiopulmonary resuscitation (CPR);

(3) Methods of obtaining assistance;

(4) Signs and symptoms of:

(A) Mental illness;

(B) Intellectual disability; and

(C) Chemical dependency; and

(5) Procedures for patient transfers to appropriate medical facilities or healthcare providers.

(c) All juveniles and staff will be screened for tuberculosis in accordance with standards promulgated by the Department of Health.

Subpart 14

12 CAR § 51-1401 Health codes/Department of Health requirements {#sec-12-car-51-1401 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1401}

12 CAR § 51-1401. Health codes/Department of Health requirements.

The facility administration complies with applicable federal, state, and local sanitation and health codes.

12 CAR § 51-1402 Weekly sanitation inspection {#sec-12-car-51-1402 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1402}

12 CAR § 51-1402. Weekly sanitation inspection.

Written policies and procedures require weekly sanitation inspections of all facility areas.

12 CAR § 51-1403 Housekeeping plan {#sec-12-car-51-1403 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1403}

12 CAR § 51-1403. Housekeeping plan.

There is a written housekeeping plan for the facility's physical plant.

12 CAR § 51-1404 Control of vermin {#sec-12-car-51-1404 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1404}

12 CAR § 51-1404. Control of vermin.

Written policies and procedures provide for the control of vermin and pests.

12 CAR § 51-1405 Waste disposal {#sec-12-car-51-1405 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1405}

12 CAR § 51-1405. Waste disposal.

Written policies and procedures provide for waste disposal.

12 CAR § 51-1406 Hair care services {#sec-12-car-51-1406 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1406}

12 CAR § 51-1406. Hair care services.

There are hair care services available to juveniles.

12 CAR § 51-1407 Personal hygiene {#sec-12-car-51-1407 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1407}

12 CAR § 51-1407. Personal hygiene.

Written policies and procedures require that articles necessary for maintaining proper personal hygiene are provided to all juveniles.

12 CAR § 51-1408 Linens and clothing {#sec-12-car-51-1408 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1408}

12 CAR § 51-1408. Linens and clothing.

Written policies and procedures provide that:

(1) Clean bedding and linens with at least weekly changes are available;

(2) Clean clothing is provided for juveniles, clean socks, underwear, and towels on a daily basis, and other clothing at least twice a week; and

(3) The stored supply of clothing, linens, and bedding exceeds that required for the facility's maximum juvenile population.

12 CAR § 51-1409 Shower schedule {#sec-12-car-51-1409 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1409}

12 CAR § 51-1409. Shower schedule.

Written policies and procedures provide an approved shower schedule that allows daily showers and showers after strenuous exercise.

Subpart 15

12 CAR § 51-1501 Correspondence {#sec-12-car-51-1501 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1501}

12 CAR § 51-1501. Correspondence.

Written policies and procedures governing correspondence of juveniles are made available to all staff and juveniles and are reviewed annually and updated as needed.

12 CAR § 51-1502 Postage {#sec-12-car-51-1502 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1502}

12 CAR § 51-1502. Postage.

There is no limit on the volume of mail a juvenile may send or receive, except when the facility provides postage, and in this instance a limit should be set on the amount of outgoing mail, provided written policies and procedures allow a minimum of two (2) letters per week for each juvenile.

12 CAR § 51-1503 Censorship {#sec-12-car-51-1503 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1503}

12 CAR § 51-1503. Censorship.

(a) Written policies and procedures provide that juvenile letters both incoming and outgoing are not read except where there is clear and convincing evidence to justify such actions.

(b) If correspondence is read, the youth is informed in advance and is present when the letter is opened and the action is documented.

12 CAR § 51-1504 Contraband {#sec-12-car-51-1504 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1504}

12 CAR § 51-1504. Contraband.

Written policies and procedures govern inspection of juvenile letters or packages for money or contraband.

12 CAR § 51-1505 Letters and packages {#sec-12-car-51-1505 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1505}

12 CAR § 51-1505. Letters and packages.

Written policies and procedures require incoming and outgoing letters are held for no more than twenty-four (24) hours and packages for no more than forty-eight (48) hours, excluding weekends and holidays.

12 CAR § 51-1506 Uncensored mail {#sec-12-car-51-1506 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1506}

15 CAR § 51-1506. Uncensored mail.

Written policies and procedures specify that juveniles are permitted to send sealed letters to a specified class of persons and organizations including, but not limited to:

(1) Courts;

(2) Counsel;

(3) Officials of the confining authority;

(4) Administrators of grievance systems; and

(5) Members of the releasing authority.

12 CAR § 51-1507 Visitation {#sec-12-car-51-1507 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1507}

12 CAR § 51-1507. Visitation.

Written policies and procedures should schedule regular and reasonable visitation hours and be reviewed annually and updated if needed.

12 CAR § 51-1508 Visitors’ log {#sec-12-car-51-1508 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1508}

12 CAR § 51-1508. Visitors’ log.

Written policies and procedures specify that visitors register upon entering into the facility and the circumstances under which visitors are searched.

12 CAR § 51-1509 Special visits {#sec-12-car-51-1509 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1509}

12 CAR § 51-1509. Special visits.

Written policies and procedures govern special visits.

12 CAR § 51-1510 Access to telephone {#sec-12-car-51-1510 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1510}

12 CAR § 51-1510. Access to telephone.

Written policies and procedures provide for juveniles’ access to the telephone to make personal calls.

12 CAR § 51-1511 Mail forwarding {#sec-12-car-51-1511 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1511}

12 CAR § 51-1511. Mail forwarding.

Written policies and procedures provide for the forwarding of first-class letters and packages after transfer or release.

12 CAR § 51-1512 Access to publications {#sec-12-car-51-1512 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1512}

12 CAR § 51-1512. Access to publications.

Written policies and procedures govern juveniles’ access to publications.

Subpart 16

12 CAR § 51-1601 Menus approved by licensed dietician — Not applicable to holdover facilities {#sec-12-car-51-1601 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1601}

12 CAR § 51-1601. Menus approved by licensed dietician — Not applicable to holdover facilities.

The facility's administration and management system shall provide for and documentation shall be maintained which confirms that the facility's system of dietary allowance is reviewed at least annually by a licensed dietician or physician to ensure compliance with nationally recommended food allowances.

12 CAR § 51-1602 Quarterly evaluations — Not applicable to holdover facilities {#sec-12-car-51-1602 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1602}

12 CAR § 51-1602. Quarterly evaluations — Not applicable to holdover facilities.

(a) Quarterly evaluations shall be conducted to verify adherence to the nationally recommended basic daily servings as defined by the United States Department of Agriculture.

(b) Facilities which participate in the child care Food and Nutrition Services Program are exempt from this provision.

(c) A copy of the Department of Health inspection shall be sent to the Criminal Detention Facilities Review Coordinator.

12 CAR § 51-1603 Meal schedules — Not applicable to holdover facilities {#sec-12-car-51-1603 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1603}

12 CAR § 51-1603. Meal schedules — Not applicable to holdover facilities.

(a) Written policies and procedures provide that food service staff develop in advance weekly, planned meal schedules and substantially follow such schedules.

(b) Planning for meals shall take into consideration:

(1) Food:

(A) Flavor;

(B) Texture;

(C) Temperature;

(D) Appearance; and

(E) Palatability; and

(2) Individual nutritional needs.

12 CAR § 51-1604 Single menu for staff and juveniles — Not applicable to holdover facilities {#sec-12-car-51-1604 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1604}

12 CAR § 51-1604. Single menu for staff and juveniles — Not applicable to holdover facilities.

The food service plan shall provide for a single menu for staff and juveniles.

12 CAR § 51-1605 Special diets {#sec-12-car-51-1605 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1605}

12 CAR § 51-1605. Special diets.

Written policies and procedures provide for special diets as prescribed by appropriate medical or dental personnel.

12 CAR § 51-1606 Record of meals served {#sec-12-car-51-1606 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1606}

12 CAR § 51-1606. Record of meals served.

Written policies and procedures require that accurate records are maintained of all meals served.

12 CAR § 51-1607 Health authority inspections {#sec-12-car-51-1607 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1607}

12 CAR § 51-1607. Health authority inspections.

(a) Written policies and procedures specify the food services comply with the applicable sanitation and health codes as promulgated by federal, state, and local authorities.

(b) A copy shall be sent to the Criminal Detention Facilities Review Coordinator.

Subpart 17

12 CAR § 51-1701 General {#sec-12-car-51-1701 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1701}

12 CAR § 51-1701. General.

(a) While this subpart deals with specific fire and safety measures, this subpart is not intended to be all-inclusive in regard to the safety and welfare of the individual juvenile.

(b) Because potential hazards are too numerous to detail, it is the responsibility of the chief executive to establish rules, regulations, and inspection procedures for the facility to ensure, to the greatest degree possible, the health, safety, and well-being of the juvenile.

12 CAR § 51-1702 Inspection {#sec-12-car-51-1702 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1702}

12 CAR § 51-1702. Inspection.

The chief executive shall have the facility inspected at least once every year by the state or local fire marshal for fire prevention and safety measures, and a record of such inspections will be kept on file within the facility.

12 CAR § 51-1703 Fire plans {#sec-12-car-51-1703 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1703}

12 CAR § 51-1703. Fire plans.

(a) A written fire plan concerning fire prevention shall be maintained to ensure the safety of the:

(1) Juveniles;

(2) Staff; and

(3) Visitors.

(b) The plan should detail staff responsibilities, cover evacuation procedures, and through a posted map or drawing show:

(1) Locations of:

(A) Exits;

(B) Breathing apparatus;

(C) Fire hoses or fire extinguishers; and

(D) Evacuation routes; and

(2) Any other features pertinent to fire safety.

(c) All personnel will be trained in the use of such equipment and such required training shall be documented and such documents kept on file within the facility.

(d) All personnel will be briefed as to location and use of emergency keys.

12 CAR § 51-1704 Firefighting equipment {#sec-12-car-51-1704 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1704}

12 CAR § 51-1704. Firefighting equipment.

(a) Basic firefighting equipment, to include at least fire extinguishers, plus emergency compressed air breathing apparatus shall be maintained in a secure but accessible storage area.

(b) The self-contained breathing apparatus needs to be mounted on the wall and all personnel need to be trained on its use.

12 CAR § 51-1705 Other emergency plans {#sec-12-car-51-1705 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1705}

12 CAR § 51-1705. Other emergency plans.

(a) A written emergency plan which covers all emergencies other than fire shall be maintained and all personnel shall be trained and knowledgeable of their duties should an emergency occur.

(b) Evacuation procedures shall be detailed and duties assigned to all personnel and shall include the location of keys to emergency exits and instructions for usage.

12 CAR § 51-1706 Exits {#sec-12-car-51-1706 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1706}

12 CAR § 51-1706. Exits.

(a) Facilities’ exits must be plainly and permanently marked.

(b) All corridors and walkways leading to or from an exit shall be kept free of refuse, litter, and obstacles of all types which might cause problems under emergency conditions.

12 CAR § 51-1707 Secure storage {#sec-12-car-51-1707 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1707}

12 CAR § 51-1707. Secure storage.

(a) Storage of flammable, toxic, and caustic materials must conform to local, state, and national laws, rules, or regulations.

(b) House cleaning supplies shall be kept in a secure and uncluttered closet or locker provided for those materials and shall not be permitted in secure areas occupied by juveniles.

Subpart 18

12 CAR § 51-1801 Minimum services {#sec-12-car-51-1801 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1801}

12 CAR § 51-1801. Minimum services.

The facility shall provide or make available the following minimum services and programs:

(1) An educational program (not applicable to holdover facilities);

(2) Visiting with parents and guardians;

(3) Private communications with visitors and staff;

(4) Counseling (not applicable to holdover facilities);

(5) Continuous supervision of living units;

(6) Medical service;

(7) Food service;

(8) Recreation and exercise; and

(9) Reading materials.

12 CAR § 51-1802 Programs available after admission {#sec-12-car-51-1802 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1802}

12 CAR § 51-1802. Programs available after admission.

Programs and services are initiated for all juveniles as soon as they have completed the admissions process.

12 CAR § 51-1803 Educational opportunities — Not applicable to holdover facilities {#sec-12-car-51-1803 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1803}

12 CAR § 51-1803. Educational opportunities — Not applicable to holdover facilities.

(a) Educational programs shall be available to all juveniles except in instances where the juvenile is disruptive or out of control.

(b) Once the juvenile has regained control or becomes nondisruptive, educational opportunities are to be made immediately available to the juvenile.

12 CAR § 51-1804 Minimum time — Not applicable to holdover facilities {#sec-12-car-51-1804 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1804}

12 CAR § 51-1804. Minimum time — Not applicable to holdover facilities.

(a) Educational programs in detention facilities are designed to assist detained juveniles in keeping up with their studies and are available a minimum of six (6) hours per day, Monday through Friday, excluding holidays.

(b) This is not limited to the normal school year.

(c) The educational program will be coordinated with the local school district in which the facility is located.

12 CAR § 51-1805 Licensed instructors — Not applicable to holdover facilities {#sec-12-car-51-1805 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1805}

12 CAR § 51-1805. Licensed instructors — Not applicable to holdover facilities.

Educational instructors are licensed or accredited by the state, or they are under the supervision of certified or licensed teachers.

12 CAR § 51-1806 Exercise and recreation {#sec-12-car-51-1806 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1806}

12 CAR § 51-1806. Exercise and recreation.

Written policies and procedures provide a recreational and leisure plan that includes, at a minimum, at least one (1) hour per day of large muscle activity.

12 CAR § 51-1807 Counseling {#sec-12-car-51-1807 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1807}

12 CAR § 51-1807. Counseling.

Detained juveniles are afforded access to religious counseling, mental health counseling, and crisis intervention services in accordance with their needs.

12 CAR § 51-1808 Work assignments — Not applicable to holdover facilities {#sec-12-car-51-1808 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1808}

12 CAR § 51-1808. Work assignments — Not applicable to holdover facilities.

Work assignments shall not conflict with educational programs.

12 CAR § 51-1809 Work {#sec-12-car-51-1809 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1809}

12 CAR § 51-1809. Work.

Juveniles shall not be permitted to perform any work prohibited by state rules and federal regulations and statutes pertaining to child labor.

12 CAR § 51-1810 Preadjudicated juveniles {#sec-12-car-51-1810 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1810}

12 CAR § 51-1810. Preadjudicated juveniles.

Preadjudicated juveniles should only be responsible for performing housekeeping chores in their living areas.

Subpart 19

12 CAR § 51-1901 Citizen involvement {#sec-12-car-51-1901 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1901}

12 CAR § 51-1901. Citizen involvement.

Written policies and procedures provide for securing citizen involvement in programs.

12 CAR § 51-1902 Volunteer services program {#sec-12-car-51-1902 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1902}

12 CAR § 51-1902. Volunteer services program.

Written policies and procedures specify the lines of authority, responsibility, and accountability for the volunteer services program.

12 CAR § 51-1903 Screening and selection {#sec-12-car-51-1903 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1903}

12 CAR § 51-1903. Screening and selection.

Written policies and procedures provide for the screening and selection of volunteers, allowing for recruitment from all cultural and socio-economic segments of the community.

12 CAR § 51-1904 Security and confidentiality {#sec-12-car-51-1904 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1904}

12 CAR § 51-1904. Security and confidentiality.

Volunteers agree in writing to abide by all facility policies, particularly those relating to security and confidentiality of information.

12 CAR § 51-1905 Volunteer restrictions {#sec-12-car-51-1905 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-1905}

12 CAR § 51-1905. Volunteer restrictions.

Written policies and procedures provide that the administrator curtails, postpones, or discontinues the services of a volunteer or volunteer organization when there are substantial reasons for doing so.

Subpart 20

12 CAR § 51-2001 Definition {#sec-12-car-51-2001 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2001}

12 CAR § 51-2001. Definition.

For the purpose of this subpart, “existing facility” means a facility which is in operation on or before the adoption of this part.

12 CAR § 51-2002 Inspections {#sec-12-car-51-2002 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2002}

12 CAR § 51-2002. Inspections.

On-site inspections of detention facilities shall be the duty of the criminal detention facility review committee and they shall use this part to determine compliance.

12 CAR § 51-2003 Documentation {#sec-12-car-51-2003 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2003}

12 CAR § 51-2003. Documentation.

(a) Copies of all reports and documents pertaining to detention facilities shall be sent to the Office of Criminal Detention Facilities Review Coordinator.

(b) A master file of inspection reports on each facility shall be maintained by the criminal detention facility review committee at the county clerk’s office in the county in which the facility is located.

(c) All reporting requirements shall be as set forth by Acts 1989, No. 515, or as amended.

12 CAR § 51-2004 Environmental systems generally {#sec-12-car-51-2004 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2004}

12 CAR § 51-2004. Environmental systems generally.

(a) Lighting will be appropriate to the activity for the area in question.

(b) Air circulation shall be provided and temperature shall be maintained between sixty-five degrees Fahrenheit and eighty-five degrees Fahrenheit (65° F – 85° F).

(c) All mechanical, plumbing, electrical, life safety, and security control equipment and systems shall be secure from unsupervised juvenile access.

(d) An automatic cut-in generator shall be provided of adequate capacity to operate electrical locking devices in facilities so equipped.

(e) Automatic cut-in battery backup emergency lighting to provide minimum illumination inside and outside the facility is acceptable.

12 CAR § 51-2005 Fire alarm {#sec-12-car-51-2005 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2005}

12 CAR § 51-2005. Fire alarm.

(a) Fire, smoke, and products of combustion detection equipment shall be provided in accordance with the latest adopted Arkansas Fire Prevention Code, 12 CAR pt. 15.

(b) Said equipment will be battery-powered or part of the emergency power system.

12 CAR § 51-2006 Disabled accessibility {#sec-12-car-51-2006 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2006}

12 CAR § 51-2006. Disabled accessibility.

(a) There shall be facilities available in which to house and care for disabled juveniles.

(b) Readily available alternative facilities may be used to meet this requirement.

12 CAR § 51-2007 Exits {#sec-12-car-51-2007 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2007}

12 CAR § 51-2007. Exits.

(a) There shall be at least two (2) identifiable directions to travel from the door of the sleeping room or rooms to permit the prompt evacuation of juveniles and staff under emergency conditions.

(b) Required exits should lead directly to a hazard-free area where adequate supervision can be provided.

(c) The two (2) exits must be as remote from each other as possible.

12 CAR § 51-2008 Intake, booking, and release areas {#sec-12-car-51-2008 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2008}

12 CAR § 51-2008. Intake, booking, and release areas.

(a) The intake/booking and release area should be located inside the security perimeter, and have the following components:

(1) Booking area;

(2) Access to:

(A) Drinking water;

(B) Toilet; and

(C) Wash basin;

(3) Secure storage for juveniles' personal property; and

(4) Temporary holding area or areas with seating.

(b)(1) Provisions should be made to ensure the safety of juveniles and personnel and the security of the facility.

(2) The intake area may also be used to process juveniles for release.

12 CAR § 51-2009 General housing requirements {#sec-12-car-51-2009 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2009}

12 CAR § 51-2009. General housing requirements.

All rooms shall have, at a minimum, access to the following facilities:

(1) A toilet above floor level;

(2) A wash basin and shower facilities, both with hot and cold running water; and

(3) A bed above floor level.

12 CAR § 51-2010 Single occupancy housing {#sec-12-car-51-2010 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2010}

12 CAR § 51-2010. Single occupancy housing.

(a) The minimum square foot area of single sleeping or observation rooms will be fifty square feet (50 ft2) per juvenile.

(b) If confinement exceeds twelve (12) consecutive hours per day, seventy square feet (70 ft2) per room will be provided.

(c) Space is measured from interior to interior wall less the space occupied by plumbing chases and columns.

(d) The space includes the area occupied by bed and plumbing fixtures.

12 CAR § 51-2011 Multiple occupancy housing {#sec-12-car-51-2011 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2011}

12 CAR § 51-2011. Multiple occupancy housing.

(a) Where used, multiple occupancy sleeping rooms shall house no more than four (4) juveniles.

(b) This area shall provide:

(1) The ability for observation by staff;

(2) A minimum floor area of thirty-five square feet (35 ft2) per juvenile; and

(3) Beds above floor level.

12 CAR § 51-2012 Special housing — Not applicable to holdover facilities {#sec-12-car-51-2012 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2012}

12 CAR § 51-2012. Special housing — Not applicable to holdover facilities.

(a) There shall be at least one (1) room for administrative segregation of juveniles which provides for staff observation.

(b) Readily available alternative facilities may be used to meet this requirement.

12 CAR § 51-2013 Activity rooms — Not applicable to holdover facilities {#sec-12-car-51-2013 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2013}

12 CAR § 51-2013. Activity rooms — Not applicable to holdover facilities.

(a) Activity rooms in the facility must have sufficient air circulation, temperature, and lighting for the activities being performed and access to toilets and wash basins within the area.

(b) These areas include:

(1) Multipurpose rooms;

(2) Recreation areas or program areas for juveniles; and/or

(3) Work areas for staff.

(c) Where practical, activity rooms should have natural light provided by skylight or windows.

12 CAR § 51-2014 Linen storage {#sec-12-car-51-2014 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2014}

12 CAR § 51-2014. Linen storage.

(a) Space shall be provided to store and issue facility clothing and bedding, and to provide for the exchange of personal and facility clothing when juveniles appear in court or are to be released.

(b) Storage space for clean bedding and facility clothing shall be convenient to juvenile housing areas.

12 CAR § 51-2015 Exercise spaces — Not applicable to holdover facilities {#sec-12-car-51-2015 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2015}

12 CAR § 51-2015. Exercise spaces — Not applicable to holdover facilities.

(a) Juveniles detained in excess of seventy-two (72) hours shall have access to outdoor or indoor exercise areas.

(b) Indoor exercise programs may be conducted in a multipurpose room or room specifically set aside for indoor exercise, in spaces in which lighting, temperature, and ventilation are appropriate for the activity to be conducted.

(c) Hallway areas will not be considered sufficient exercise space.

12 CAR § 51-2016 Secure storage {#sec-12-car-51-2016 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2016}

12 CAR § 51-2016. Secure storage.

(a)(1) Space shall be provided for the secure storage of chemical agents and restraining devices and related security equipment.

(2) The equipment shall be located in an area which is accessible to authorized personnel only.

(b) Separate and secure space will be provided for evidence and contraband.

(c) Cleaning equipment and supplies shall be stored in a supervised area.

12 CAR § 51-2017 Administrative space {#sec-12-car-51-2017 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2017}

12 CAR § 51-2017. Administrative space.

Adequate space will be provided for general administrative and staff functions.

12 CAR § 51-2018 Food service {#sec-12-car-51-2018 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2018}

12 CAR § 51-2018. Food service.

Adequate space and equipment will be provided for food preparation and/or handling.

12 CAR § 51-2019 Visitation and consultation area {#sec-12-car-51-2019 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2019}

12 CAR § 51-2019. Visitation and consultation area.

The area for approved visitors shall be inside the security perimeter of the facility.

Subpart 21

12 CAR § 51-2101 Definitions {#sec-12-car-51-2101 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2101}

12 CAR § 51-2101. Definitions.

(a) For purposes of this subpart:

(1) "New construction" means:

(A) Any new facility;

(B) Any area of construction added beyond outside walls and/or roof of an existing facility; and

(C) Any area of construction within an existing facility affecting more than fifty percent (50%) of the existing facility's overall floor area; and

(2) "Remodeling" means construction within the existing facility's structure affecting fifty percent (50%) or less of the existing facility's floor area.

(b)(1) The intention is to have all new areas of construction or remodeling either inside or outside an existing facility meet the specifically applicable section or sections as outlined in this subpart.

(2) For example, if plans are made to add a visitation or consultation area to an existing facility, the construction must be done in compliance with 12 CAR § 51-2126.

(3) Likewise, if plans are made to convert existing space into a detention area, the new detention construction must meet the requirements of this subpart.

12 CAR § 51-2102 Plan review {#sec-12-car-51-2102 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2102}

12 CAR § 51-2102. Plan review.

(a) All design plans shall be presented in person to the Criminal Detention Facilities Review Coordinator by the facility’s architect or the architect’s representative.

(b) The design plans shall also be accompanied by a written narrative explaining detailed compliance with this subpart.

(c) The coordinator will make himself or herself available to assist the requesting facility with review of plans for standard conformity, and the coordinator can suggest changes, but he or she has no official approval capacity.

12 CAR § 51-2103 Plan approval {#sec-12-car-51-2103 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2103}

12 CAR § 51-2103. Plan approval.

(a) The criminal detention facility review committee shall have final approving authority of plans relating to compliance with this subpart for the construction of juvenile detention facilities.

(b) The criminal detention facility review committee will issue final written approval upon the incorporation of all changes requested by the Criminal Detention Facilities Review Coordinator and/or the criminal detention facility review committee.

12 CAR § 51-2104 Documentation {#sec-12-car-51-2104 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2104}

12 CAR § 51-2104. Documentation.

(a) Copies of all reports and documents pertaining to juvenile detention facilities shall be sent to the Office of Criminal Detention Facilities Review Coordinator.

(b) A master file of inspection reports on each facility shall be maintained by the criminal detention facility review committee at the county clerk’s office in the county in which the facility is located.

12 CAR § 51-2105 Building codes {#sec-12-car-51-2105 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2105}

12 CAR § 51-2105. Building codes.

(a) All new construction, in addition to this subpart, will be designed and constructed in accordance with the codes and standards adopted by the State Fire Marshal, Department of Health, Building Authority Division, and others as required, and the latest edition of the Life Safety Code.

(b) If an addition increases the existing square footage by more than fifty percent (50%), the entire facility shall be made to conform to the entire code.

12 CAR § 51-2106 Environmental systems generally {#sec-12-car-51-2106 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2106}

12 CAR § 51-2106. Environmental systems generally.

(a) Lighting will be appropriate to the activity for the area in question.

(b) Air circulation shall be provided and temperature shall be maintained between sixty-five degrees Fahrenheit and eighty-five degrees Fahrenheit (65° F – 85° F).

(c) Exceptions can be made in extreme conditions and emergencies.

(d) All mechanical, plumbing, electrical, life safety, and security control equipment and systems shall be secured from unsupervised juvenile access.

(e) Automatic cut-in generators shall be provided of adequate capacity to operate electrical security equipment and to provide minimum illumination within and around the facility.

12 CAR § 51-2107 Fire detection {#sec-12-car-51-2107 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2107}

12 CAR § 51-2107. Fire detection.

(a) Fire, smoke, and products of combustion detection equipment shall be provided according to the latest adopted Arkansas Fire Prevention Code, 12 CAR pt. 15.

(b) Said equipment will be battery-powered or part of the emergency power system.

12 CAR § 51-2108 Disabled accessible {#sec-12-car-51-2108 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2108}

12 CAR § 51-2108. Disabled accessible.

(a) There shall be facilities available in which to house and care for disabled juveniles.

(b) All areas of the facility including public areas shall be accessible to and usable by disabled persons.

12 CAR § 51-2109 Exits {#sec-12-car-51-2109 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2109}

12 CAR § 51-2109. Exits.

(a) There shall be at least two (2) identified exits which can be traveled from the door of sleeping room or rooms to permit the prompt evacuation of juveniles and staff under emergency conditions.

(b) Required exits should lead directly to a hazard-free area where adequate supervision can be provided.

(c) The two (2) exits must be as remote from each other as possible.

12 CAR § 51-2110 Floor drains {#sec-12-car-51-2110 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2110}

12 CAR § 51-2110. Floor drains.

(a) Floor drains shall be designed in accordance with the latest Arkansas Plumbing Code, 17 CAR pt. 65, to serve all housing and other areas where necessary to facilitate cleaning and prevent juvenile flooding of the facility.

(b) Floor drains shall be located outside areas occupied by juveniles to reduce the incident of tampering and flooding.

(c) Floor drain systems cannot drain into any sanitary sewer line within any area in which juveniles are housed or detained.

12 CAR § 51-2111 Natural light — Not applicable to holdover facilities {#sec-12-car-51-2111 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2111}

12 CAR § 51-2111. Natural light — Not applicable to holdover facilities.

Natural light will be provided directly to all individual sleeping rooms and, if possible, to activity rooms and day rooms via skylight or windows, both of which are designed to minimize introduction of contraband or escape.

12 CAR § 51-2112 Controlled access {#sec-12-car-51-2112 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2112}

12 CAR § 51-2112. Controlled access.

(a) All pedestrian entrances and exits to the facility shall be via sally port.

(b) Electric doors, if used, should be visible physically or electronically and be operated from the control center.

(c) The vehicular sally ports should be located adjacent to the intake area for transportation of juveniles in and out of the facility.

(d) Interior sally ports should be located at points between the juvenile area and public areas.

12 CAR § 51-2113 Intake, booking, and release area or areas {#sec-12-car-51-2113 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2113}

12 CAR § 51-2113. Intake, booking, and release area or areas.

(a) Intake/booking and release area shall be located inside the security perimeter and have the following components:

(1) Booking area or areas;

(2) Sally port vehicular and/or personnel;

(3) Access to drinking water;

(4) Access to shower facilities (not applicable to holdover facilities);

(5) Secure storage for juveniles’ personal property;

(6) Telephone facilities;

(7) Private interview space;

(8) Temporary holding area or areas with seating; and

(9) Operable toilets and wash basins.

(b)(1) This area shall be designed so that newly admitted juveniles may be processed in a thorough, humane, and orderly manner.

(2) Provisions should be made to ensure the safety of juveniles and personnel and security of the facility.

(3) The intake area may also be used to process juveniles for release.

12 CAR § 51-2114 Juvenile separation {#sec-12-car-51-2114 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2114}

12 CAR § 51-2114. Juvenile separation.

(a) The facility shall be designed and constructed so that juveniles can be separated according to existing laws, rules, and regulations, or according to the facility's written classification plan.

(b) The facility shall have a sufficient number of detention rooms or clusters of detention rooms in an appropriate configuration so that the various categories of juveniles can be housed separately.

12 CAR § 51-2115 General housing requirements {#sec-12-car-51-2115 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2115}

12 CAR § 51-2115. General housing requirements.

Activity rooms or detention rooms shall have, at a minimum, access to the following facilities:

(1) At least fifty percent (50%) of the facility's rated capacity shall be single occupancy sleeping rooms; and

(2) Sleeping rooms shall have, at a minimum, access to the following facilities:

(A) A toilet above floor level, a wash basin, and drinking water;

(B) Shower facilities;

(C) Hot and cold running water;

(D) A bed above floor level; and

(E) A desk or writing surface.

12 CAR § 51-2116 Single occupancy housing {#sec-12-car-51-2116 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2116}

12 CAR § 51-2116. Single occupancy housing.

(a) All single rooms shall have a minimum seventy square feet (70 ft2) of floor space.

(b) Space is measured from interior wall to interior wall less the space occupied by plumbing chases and columns.

(c) The space does include the area occupied by bed, desk, and plumbing fixtures.

(d) A minimal horizontal room dimension of six feet eight inches (6' 8") and a ceiling height of eight feet (8' 0") is required.

12 CAR § 51-2117 Multiple occupancy housing {#sec-12-car-51-2117 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2117}

12 CAR § 51-2117. Multiple occupancy housing.

(a) Where used, multiple occupancy sleeping rooms may house no more than two (2) juveniles.

(b) These areas will provide:

(1) The ability for observation by staff;

(2) A minimum floor area of thirty-five square feet (35 ft2) per juvenile in the sleeping area; and

(3) Beds above floor level.

12 CAR § 51-2118 Special housing — Not applicable to holdover facilities {#sec-12-car-51-2118 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2118}

12 CAR § 51-2118. Special housing — Not applicable to holdover facilities.

(a) There shall be at least one (1) room for administrative segregation for juveniles which provides for staff observation.

(b) Special housing shall have, at a minimum, access to the following facilities:

(1) A toilet above floor level, a wash basin, and drinking water (all of which to be available without staff assistance);

(2) Shower facilities;

(3) Hot and cold running water;

(4) A bed above floor level; and

(5) A desk or writing surface.

12 CAR § 51-2119 Day rooms — Not applicable to holdover facilities {#sec-12-car-51-2119 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2119}

12 CAR § 51-2119. Day rooms — Not applicable to holdover facilities.

(a) The room shall have a minimum of thirty-five square feet (35 ft2) of floor space per juvenile served from the separate and distinct adjacent sleeping area.

(b) Square footage is to be calculated exclusive of a three-foot wide circulation space directly in front of the room doors.

12 CAR § 51-2120 Activity rooms — Not applicable to holdover facilities {#sec-12-car-51-2120 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2120}

12 CAR § 51-2120. Activity rooms — Not applicable to holdover facilities.

(a)(1) Activity rooms in the facility must have sufficient air circulation, temperature, and lighting for the activities being performed, and access to toilets and wash basins within the area.

(2) These areas include multipurpose rooms, recreation areas, or program areas for juveniles, and/or work areas for staff.

(3) These areas shall have a minimum aggregate total of thirty-five square feet (35 ft2) per juvenile based on the rated capacity of the facility.

(b) Square footage for dayrooms and activity rooms may be combined to achieve sixty-five square feet (65 ft2) per rated capacity.

12 CAR § 51-2121 Linen storage {#sec-12-car-51-2121 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2121}

12 CAR § 51-2121. Linen storage.

(a) Space shall be provided to store and issue facility clothing and bedding and to provide for the exchange of personal and facility clothing when juveniles appear in court or are to be released.

(b) Storage space for linen, bedding, and facility clothing shall be convenient to juvenile housing areas.

12 CAR § 51-2122 Exercise spaces — Not applicable to holdover facilities {#sec-12-car-51-2122 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2122}

12 CAR § 51-2122. Exercise spaces — Not applicable to holdover facilities.

(a) Juveniles detained in excess of seventy-two (72) hours shall have access to both indoor and outdoor exercise areas.

(b)(1) Indoor exercise programs may be conducted in a multipurpose room or room specifically set aside for indoor exercise.

(2) This space shall have lighting, temperature, and ventilation which are appropriate for the activities to be conducted.

(3) Hallway areas in front of rooms will not be considered exercise space.

(c) The outdoor exercise space shall have a minimum of one hundred square feet (100 ft2) per juvenile based on the rated capacity of the facility.

12 CAR § 51-2123 Secure storage {#sec-12-car-51-2123 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2123}

12 CAR § 51-2123. Secure storage.

(a) Space shall be provided for the secure storage of chemical agents and restraining devices and related security equipment.

(b) Equipment shall be located in an area which is accessible to authorized personnel only.

(c) Separate and secure space will be provided for evidence and contraband.

(d) Cleaning equipment and supplies shall be stored in a supervised area.

12 CAR § 51-2124 Administrative space {#sec-12-car-51-2124 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2124}

12 CAR § 51-2124. Administrative space.

Adequate space will be provided for general administrative and staff functions.

12 CAR § 51-2125 Food service space — Not applicable to holdover facilities {#sec-12-car-51-2125 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2125}

12 CAR § 51-2125. Food service space — Not applicable to holdover facilities.

(a) Dining area shall have a minimum of fifteen square feet (15 ft2) per person, to include juveniles and staff.

(b) Kitchen area shall be a minimum of two hundred square feet (200 ft2) excluding food storage area.

12 CAR § 51-2126 Visitation and consultation area — New language mirrors standards for adult jails {#sec-12-car-51-2126 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2126}

12 CAR § 51-2126. Visitation and consultation area — New language mirrors standards for adult jails.

(a) The area for visitation by the public shall be outside the security perimeter.

(b) The visiting area for the juvenile shall be inside the security perimeter.

(c) The visiting area shall be acoustically treated to reduce noise.

(d) These areas may also be used as private consultation rooms for law enforcement officers, attorneys, clergy, etc.

(e) Optional contact visitation spaces may be provided.

12 CAR § 51-2127 Health room — Not applicable to holdover facilities {#sec-12-car-51-2127 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2127}

12 CAR § 51-2127. Health room — Not applicable to holdover facilities.

(a) For health care delivered in the facility, adequate space, equipment, supplies, and materials shall be provided as determined by the designated health authority.

(b) A private examination room, which can serve other purposes when not used for medical/dental consultations, shall be provided.

Subpart 22

12 CAR § 51-2201 Juvenile detention facilities or juvenile holdover facilities within adult jails {#sec-12-car-51-2201 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2201}

12 CAR § 51-2201. Juvenile detention facilities or juvenile holdover facilities within adult jails.

(a) A juvenile detention facility falls under this category when it exists within the same building or on the same grounds as the adult jail.

(b) Application of this subpart does not preclude compliance with rules of the state standards as defined in 12 CAR § 51-2001 et seq., and 12 CAR § 51-2101 et seq.

12 CAR § 51-2202 Separate spatial areas {#sec-12-car-51-2202 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2202}

12 CAR § 51-2202. Separate spatial areas.

Total separation between juvenile and adult facility spatial areas is required such that there could be no haphazard or accidental contact between juvenile and adult detainees in the respective facilities, including:

(1) Entrance;

(2) Intake/processing;

(3) Dining;

(4) Indoor recreation;

(5) Outdoor recreation;

(6) Education;

(7) Counseling;

(8) Other programs;

(9) Living units;

(10) Visitation; and

(11) Day rooms.

12 CAR § 51-2203 Separate program activities {#sec-12-car-51-2203 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2203}

12 CAR § 51-2203. Separate program activities.

Total separation in all juvenile and adult program activities within the facilities is required, including:

(1) Recreation;

(2) Education;

(3) Counseling;

(4) Health care;

(5) Dining;

(6) Sleeping; and

(7) General living activities.

12 CAR § 51-2204 Time-phasing {#sec-12-car-51-2204 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2204}

12 CAR § 51-2204. Time-phasing.

Time-phasing spatial areas and activities between juvenile and adult detainees shall not occur.

12 CAR § 51-2205 Separate staff {#sec-12-car-51-2205 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2205}

12 CAR § 51-2205. Separate staff.

Separate juvenile and adult staff is required, including:

(1) Management; and

(2) Juvenile detention staff.

12 CAR § 51-2206 Specialized services staff {#sec-12-car-51-2206 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2206}

12 CAR § 51-2206. Specialized services staff.

(a) Specialized services staff who are not normally in contact with detainees, or whose infrequent contacts occur under conditions of separation of juveniles and adults can serve both.

(b) Such staff includes the following:

(1) Cooks;

(2) Bookkeepers; and

(3) Medical professionals.

12 CAR § 51-2207 Staff rotation {#sec-12-car-51-2207 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2207}

12 CAR § 51-2207. Staff rotation.

Juvenile facility staff and adult facility staff shall not be rotated between facilities based on the occupancy in either facility.

12 CAR § 51-2208 Relief workers {#sec-12-car-51-2208 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2208}

12 CAR § 51-2208. Relief workers.

Adult facility staff shall not serve as relief workers for the juvenile facility on their regularly scheduled workdays in the jail, and may only enter the juvenile facility in emergency, life-threatening situations.

12 CAR § 51-2209 Adult resident trustees {#sec-12-car-51-2209 omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR § 51-2209}

12 CAR § 51-2209. Adult resident trustees.

Adult detainees (trustees) shall never be permitted to supervise or direct services for juvenile detainees.

12 CAR pt. 51, Appendix A Psychological Examination Report {#sec-12-car-pt.-51-appendix-a omnilex-key=us-ar-regs-official--title-12-part-51--12 CAR pt. 51, Appendix A}

PSYCHOLOGICAL EXAMINANITION REPORT C hapter VII, Section 7-1001, E., of the Juvenile Standards requires that applicants be examined for emotional stability by an individual licensed to practice psychiatry or Psychology and qualified to perform such evaluations in the State of Arkansas. The emotional stability to withstand the pressures of modem law enforcement work is an essential qualification for applicants for law enforcement service and although psychological tests and interviews have recognized limitations, many personality defects can and are identified through screening by training professionals. REQUIREMENTS: 1)A ll applicants will be examined to determine emotional stability. 2)No person will be eligible for certification if they have any condition listed in the Diagnostic and Statistical Manual 111 (DSM 111) of the American Psychiatric Association which would limit the police officer's ability to cope with the stress of modem day police work such as: ( a)Any organic mental disorder or organic brain syndrome that currently results in impairment in memory, cognitive functions, judgment and personality. ( b)Any substance use such as alcohol, barbiturate, opium, cocaine, amphetamine, hallucinogenic and cannabis which impairs social or occupational functioning due to an inability to control use or stop taking the substanc e and t he development of serious withdrawal symptoms after cessation or reduction in substance use. Previous substance use must be in remission for three (3) years. (c) Any psychotic reaction showing disturbance in content of thought involving delusions, fragmented thoughts, distortions of reality, breakdown of ego defenses or hallucination. Any previous p sychotic episodes must be in r emission for three (3) years and be currently evaluated as showing no residual symptoms. ( d)Any neurotic disorder such as excessive anxiety, panic, convulsions which would indicate that irrationa l beha vior would occur under stress. (e)Any impulse control problem particularly with anger having resulted in husband/wife or child abuse or revealed in explosive outbreaks. (f )Any environmental stresses such as divorce, loss of job, business difficulty, death in family, can result in maladaptive reactions resulting in either impairment in social or occupational functioning that is in excess of a normal and expected reaction. ( g)Any personality disorder showing a pervasive and unwarranted suspicion and mistrust of people, hypersensitivity, emotional coldness and aloofness resulting in an inability to make and maintain relationships. Any history of continuous and chronic antisocial behavior. ( h)Behavior disorders as evidenced by: ( 1) F requent encounters with law enforcement agencies or antisocial attitudes or behavior which, while not a cause for rejection under Chapter VII, Section 7-1001, E., are tangible evidence of an impair ed c haracter logical capacity to adapt to the demands of law enforcement service. ( 2) B ehavior disorders where it is evident by history and objective examination that the degree of immaturity, instability, personality inadequacy and dependency will seriously interfere with the performance of law enforcement duties as demonstrated by repeated inability to maintain reasonabl e adj ustment in school, with employers and fellow workers and other social groups.

PROCEDURES: 1.A n actual interview and psychometric evaluation will be utilized: ( a)The employing agency will determine the examiner to be utilized. ( b)Applicants will complete any preliminary history forms required by the examiner. The applicant will provide the examiner with a release of information to the potential employing authority. (c ) The results of the first examination will be binding. When the original examiner determines that additional tests are needed, the additional tests or interviews will be considered a part of the original examination. If extenuating circumstances exist that create a doubt as to the validity of the results of the first examination, th e em ploying agency may petition the Commission for the approval of a second examination to be administere d b y a different examiner. ( d)The psychometric evaluation shall include such standardized test such as the Minnesota Multiphasic Personality Inventory, or others that may be necessary such as, Bender Gestalt and Rorschach or th e equivalent of each test as are appropriate and are validated by proper authority to evaluate personality traits and other mental health characteristics. These tests will be interpreted by licensed qualified individuals t o as sure results. ( e)During the diagnostic interview, the examiner will evaluate each individual sufficiently for any evidence of disorganized or unclear thinking, of unusual thought control, of undue suspiciousness or of apathy or "strangeness" and any discovered withdrawal or marked anxiety, which is out of keeping with the content of the interview will be noted and carefully evaluated. 2.T he results of the evaluation will be recorded. A report of the evaluation will be forwarded to the employi ng agenc y. The report will be signed by a licensed psychologist or psychiatrist designating the applicant as RECOMMENDED or NOT RECOMMENDED. The results of tests or interviews administered by licens ed Ps ychological examiners must be reviewed and countersigned by either a licensed psychologist or psychiatrist. 3.The evaluation will be retained by the employing agency and must be available for examination at any reasonable time by t he Review Committee or the Coordinator.

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