Neb. Admin. Code tit. 401 — Youth Rehabilitation and Treatment Centers

Chapter 1 General Provisions

Neb. Admin. Code tit. 401, ch. 1 General Provisions {#sec-401-nac-1 omnilex-key=us-ne-regs-official--title-401--401 NAC 1}

001. SCOPE AND AUTHORITY . These regulations implement the Department of Health and Human Services’ administrative powers over the Youth Rehabilitation and Treatment Centers pursuant to Neb. Rev. Stat. § 43-404. The provisions in these regulations apply to all youth committed to the Youth Rehabilitation and Treatment Centers.

002. ACCESS TO SERVICES . All youth committed to a Youth Rehabilitation and Treatment Center have access to academic education, vocational education, health maintenance services, mental health services and substance abuse programming.

003. RELIGIOUS PRACTICES . Youth committed to a Youth Rehabilitation and Treatment Center may practice the religion of his or her choice as long as the safety, security or good order of the facility is not threatened.

004. DISAPPROVED CONTACTS . The Youth Rehabilitation and Treatment Center may establish a list of disapproved contacts for any youth committed to a Youth Rehabilitation and Treatment Center. The list may be changed or amended by the Youth Rehabilitation and Treatment Center at any time. Youths shall not be allowed to correspond with youth or adult offenders at juvenile or adult correctional institutions or juvenile detention centers without the approval of both institutions.

005. MAIL SERVICES . Youth committed to a Youth Rehabilitation and Treatment Center will have access to mail services so long as state and federal laws and regulations governing the use of the mail are not violated, and the security, safety and good order of the facility is not threatened.

005.01 CONTACTS. A youth may write and receive mail from anyone he or she chooses so long as the name of each party on the letter does not appear on the youth’s list of disapproved contacts.

005.02 MAIL PROCEDURES. All outgoing and incoming mail will be processed by an employee of the Youth Rehabilitation and Treatment Center. All mail is subject to examination for enclosures and contraband.

005.02(A) PRIVACY. Mail may be read by an employee of the Youth Rehabilitation and Treatment Center.

005.02(B) OUTGOING MAIL. No sealed envelopes will be permitted to be mailed from a youth committed to the facility unless the letter is addressed to one of the Privileged Contacts identified this chapter. All sealed envelopes not addressed to a Privileged Contact shall be returned to sender along with a written explanation for the return. Each outgoing letter shall bear the name of the writer and his or her address in the upper left-hand corner on the front of the envelope. If any outgoing mail is not allowed to leave the facility, it will be returned to the sender, along with an explanation for the reasons for the action.

005.02(C) INCOMING MAIL. All mail sent to a youth must include the name and address of the sender on the outside of the envelope.

005.02(C)(i) MONETARY FUNDS. Monetary funds received through the mail will be posted to a youth’s institutional account if the sender is identified and receipt of these funds does not otherwise violate a Departmental rule or regulation. If there is no indication of the name and address of the sender, the funds will be placed in the institutional welfare fund.

005.02(C)(i)(1) PROHIBITED MONETARY FUNDS. A youth may not receive monetary funds from another youth in a Youth Rehabilitation and Treatment Center, a relative of another youth in a Youth Rehabilitation and Treatment Center, a youth or an adult inmate in a correctional institution, a volunteer, or a person sending money at the request of another youth in the correctional institution. Any monetary funds received from these sources will be returned to the sender.

005.02(D) PRIVILEGED MAIL EXCEPTION. Mail may not be subject to the other provisions of this section if the requirements of this subsection are met.

005.02(D)(i) OUTGOING MAIL. A youth may send sealed letters if the letters are clearly addressed to any federal or state official, including the Ombudsman and Inspector General of Child Welfare, or to any attorney of record for the youth.

005.02(D)(ii) INCOMING MAIL. If a youth receives mail and the sender is identified in commercial printing on the envelope as a federal or state official or an attorney of record for the youth, mail will be opened by the youth in the presence of staff. An employee of the Youth Rehabilitation and Treatment Center may examine the mail for contraband, but shall not read the mail unless there is clear and convincing evidence that such mail constitutes a threat to the safety, security or good order of the facility.

005.02(E) CONTRABAND. No outgoing or incoming mail may include contraband. The Youth Rehabilitation and Treatment Centers will established a list of designated items that are considered contraband.

005.02(E)(i) CONTRABAND IN OUTGOING MAIL. If contraband is found to be contained in any outgoing mail, such contraband shall be seized and a receipt given to the youth. In the event that seizure of the letter containing contraband is necessary for disciplinary purposes, the youth shall be notified in writing. At the conclusion of any disciplinary action, seized contraband shall be destroyed, retained, or referred to a law enforcement agency, as appropriate. If a youth desires to challenge a seizure of contraband, he or she may do so by employing the grievance procedure set forth in this Title.

005.02(E)(ii) CONTRABAND IN INCOMING MAIL. If any contraband is found to be contained in any incoming mail, such contraband will normally be returned to the sender, along with a copy of the written statement indicating the reason for the return which shall be delivered to the addressee. A written statement will then be delivered to the addressee with a description of the items removed and an explanation of the reasons for the removal. In the event that the mailing of such contraband violates state or federal law, the contraband and the letter, if necessary, shall be referred to proper law enforcement authorities for appropriate action. If a youth desires to challenge a seizure of contraband, he or she may do so by employing the grievance procedure set forth in this Title. If a sender desires to challenge a seizure of contraband, he or she may do so by contacting the Youth Rehabilitation and Treatment Center in writing.

006. TELEPHONE PRIVILEGES . Youth placed at a Youth Rehabilitation and Treatment Center will have reasonable and equitable telephone privileges and shall retain such privileges for the duration of his or her stay so long as the facility’s policies governing such activities are not violated.

006.01 RECORDING CALLS. Any telephone calls made by the youth may be recorded, unless the telephone call is between the youth and his or her attorney of record. If a youth wishes to contact his or her attorney of record, the youth may request to do so, and arrangements will be made for the youth to make a telephone call that will not be recorded.

006.02 CALL LOG. The Youth Rehabilitation and Treatment Center may maintain a record or written log of any incoming received by or outgoing call made by each youth.

007. VISITATION . Youth placed at a Youth Rehabilitation and Treatment Center will be allowed to receive visitors and will retain that privilege for the duration of his or her stay so long as the facility’s policies governing visitation activities are not violated.

008. FURLOUGH . A youth may be allowed to leave the Youth Rehabilitation and Treatment Center in accordance with the facilities established furlough policy.

History

Effective 2022-05-17

Chapter 2 Disciplinary and Grievance Procedures

Neb. Admin. Code tit. 401, ch. 2 Disciplinary and Grievance Procedures {#sec-401-nac-2 omnilex-key=us-ne-regs-official--title-401--401 NAC 2}

001. DISCIPLINARY PROCEDURES . Each Youth Rehabilitation and Treatment Center will maintain a clearly defined disciplinary procedure which incorporates the provisions of this chapter. Youth will receive a copy of the disciplinary procedure upon arrival at the facility.

002. OFFENSES . A youth may be subject to the disciplinary procedures in this chapter if the youth commits any act which constitutes an offense established in the policies of the Youth Rehabilitation and Treatment Center. A youth will be provided with a list of offenses upon arrival at the Youth Rehabilitation and Treatment Center.

002.01 REPORT TO LAW ENFORCEMENT. If a youth commits an offense which also constitutes criminal activity, the Youth Rehabilitation and Treatment Center may make a report to the appropriate law enforcement agency.

003. NOTICE . A youth will be served a with a written notice that an offense has been committed within 24 hours form the time the offense is discovered by facility staff.

004. HEARING PROCEDURES . A youth charged with committing an offense is scheduled for a hearing no later than seven days, excluding weekends and holidays, after the alleged offense was discovered.

004.01 NOTICE OF HEARING. A youth charged with committing an offense will be notified of the time and place of the hearing on the allegations at least 24 hours prior to the hearing, unless waived by the youth.

004.02 ATTENDANCE AT HEARING. A youth charged with committing an offense will be allowed to be present at the hearing on the allegations, unless the youth waives his or her attendance or the disciplinary committee determines the youth’s behavior during the hearing justifies exclusion.

004.03 DISCIPLINARY COMMITTEE. Hearings on the allegations will be conducted by a disciplinary committee comprised of an impartial person or impartial panel of persons. The disciplinary committee will be created as required by facility policy.

004.04 STANDARD OF PROOF. In order for a youth who is charged with committing an offense to be guilty, the Disciplinary Committee must determine by a preponderance of the evidence that the youth voluntarily, intentionally, recklessly or negligently engaged in conduct which constitutes the offense charged. The Disciplinary Committee must also determine that the youth had notice that the conduct was prohibited by facility policy or state statute.

004.05 PRESUMPTION. If contraband is found in a living unit shared by more than one youth, there shall be a presumption that each of those youth has knowledge of the presence of the contraband. Each youth charged as a result of the discovery of such contraband shall have the burden of coming forward with evidence to rebut the presumption.

004.06 AIDDING AND ABETTING. A youth may be charged with committing an offense if it is determined by a preponderance of the evidence that the youth knowingly commanded, induced, procured, or aided another person in the commission of the offense. The fact that the other person has been found free of guilt, has been determined guilty of a different offense, has been discharged from employment, or has been otherwise restricted from access to the facility is not a defense.

004.07 ATTEMPT. A youth may be found guilty of attempting to commit an offense if: acting with the kind of culpability required for commission of such offense, the youth engages in conduct which constitutes all of the acts necessary for the commission of the offense except its completion; or the youth willfully provides substantial and knowing assistance to a person attempting to commit an offense; or the youth agrees with one or more persons to engage in or cause the performance of such conduct. A youth found guilty of an attempt shall be subject to the same penalties which correspond to the offense attempted.

004.08 EVIDENCE. A youth charged with committing an offense will have the opportunity during the disciplinary hearing to make a statement and present evidence, including calling witnesses who may have relevant information.

004.09 ASSISTANCE AT THE HEARING. A youth may request the services of any Youth Rehabilitation and Treatment Center staff member to assist them at the disciplinary hearing. The staff member may question relevant witnesses on behalf of the youth.

004.09(A) APPOINTMENT OF ASSISTANCE. A Youth Rehabilitation and Treatment Center staff representative shall be appointed to assist the youth with the disciplinary hearing when the disciplinary committee determines the youth is not capable of effectively presenting evidence on his or her own behalf.

005. CONSEQUENCES . When the disciplinary committee finds a youth has committed an offense, the disciplinary committee will determine the appropriate consequences for the offense. The consequences must comply with the provisions of this section.

005.01 GENERAL RULE. Consequences shall not be capricious, retaliatory or revengeful.

005.02 SUSPENSION OF PRIVILEGES. Consequences may include suspension of privileges. Privilege suspension shall not include loss of regular meals, clothing, sleep, health care services, exercise, correspondence privileges, and contact with relatives or legal assistance.

005.03 CORPORAL PUNISHMENT. Consequences may not include corporal punishment, humiliation, mental abuse or punitive interference with the daily functions, such as eating or sleeping, is strictly prohibited. "Corporal Punishment" as used in this section shall mean any act of inflicting physical punishment directly on the body, causing pain or injury.

005.04 RESTITUTION. Consequences may include payment of restitution by the youth. The amount of restitution will be determined pursuant to facility policy. The facility may use any funds that would be paid by the Youth Rehabilitation and Treatment Center to the youth’s account to offset restitution. Offsets will be calculated and applied in accordance with the facility’s established restitution policy.

005.04(A) RESTITUTION TO ANOTHER YOUTH. In the event restitution is to be paid to another youth committed to a Youth Rehabilitation and Treatment Center, no funds will be transferred from one youth to another unless a written request for the transaction is submitted by the youth. Any transfers of funds from one youth to another must be approved by the Facility Administrator.

006. APPEALS . A youth may appeal a decision of the disciplinary committee, including the determined consequences, to the facility administrator or his designee. Appeals are subject to the provisions of this section.

006.01 TIME FRAME. A youth has the right to appeal decisions of the disciplinary committee within 15 days of receiving notice of the decision.

006.02 APPEAL PROCEDURE. A Youth Rehabilitation and Treatment Center will have written procedures governing the appeal process. All appeals must be submitted in accordance with the facility’s procedures.

006.03 APPEAL DETERMINATION. Appeal decisions will be made by the facility administrator or designee. The factors that may be considered during the appeal process are as follows:

(A) Whether there was substantial compliance with the facility’s policy and procedures in determining the consequences for the youth;

(B) Whether the decision of the committee was based on substantial evidence, including the introduction of new evidence; and

007. GRIEVANCES . Youth committed to a Youth Rehabilitation and Treatment Center will be permitted to report a grievance.

007.01 GRIEVANCE TOPICS. Any topic may be the subject of a grievance, if a youth believes the circumstances are unjust and grounds for a complaint related to his or her basic rights.

007.01(A) EXCEPTIONS. The following topics may not be the subject of a grievance:

(i) Matters over which the Youth Rehabilitation and Treatment Center has no control; and

(ii) Youth disciplinary actions.

007.02 GRIEVANCE PROCEDURES. Each Youth Rehabilitation and Treatment Center will have written grievance procedures that will be provided to each youth upon arrival at the facility. Any grievance submitted by a youth must be in compliance with the established procedures.

007.03 GRIEVANCE TIME FRAME. Grievances must be submitted within 20 calendar days of the incident giving rise to the complaint.

007.04 PROMPT RESPONSE. Each grievance will be reviewed and may be investigated by facility staff. A written response will be provided to the grievant.

007.05 APPEAL OF GRIEVANCE DECISIONS. A grievant who is dissatisfied with the written response to his or her grievance, may appeal the response to the Office of Juvenile Services Administrator within ten calendar days from the receipt of the response.

007.06 NO ADVERSE ACTION. No youth who utilizes the grievance procedure will be subject to any type of disciplinary sanction or other adverse action for exercising the right to report a grievance.

007.07 CONFIDENTIALITY. Youth grievances shall be treated in a confidential manner. Only those individuals whose involvement is needed to complete the investigation of the grievance or the judge and legal parties in the committing court case shall be made aware of its existence. Individuals contacted during an investigation shall only be made aware of the information needed to allow them to contribute meaningfully to the investigation.