Administrative Code Provisions | Idaho Admin. Code r. 05.01.05.262 | 2018
01. General Requirements. Effective Date (4-7-11)
a. Programs should provide vigorous programming that minimizes periods of idle time, addresses behavioral problems of juvenile offenders, and teaches and promotes healthy life choices. Programs should specifically address those factors in juvenile offenders' lives that contribute to delinquency and that can be realistically changed. Effective Date (4-7-11)
b. Programs must be open to the community by encouraging appropriate telephone and mail contact between juvenile offenders and their families, by encouraging visitation, and by involving volunteers in support of the program. Effective Date (4-7-11)
c. Providers must structure and document services offered in the program so that continuity in case planning is obvious. Health, mental health, substance abuse, social skills, educational, vocational, independent living, and other special needs identified in the reintegration plan must be clearly addressed in the service implementation plan. Services provided to address those needs must be documented regularly. Effective Date (4-7-11)
d. Programs may not, under any circumstances, involve juvenile offenders in plethysmographic assessments. The use of polygraphs for juvenile offenders adjudicated for or documented to have demonstrated sexually abusive behavior, shall only be undertaken by court order or with the specific written authorization of the department's regional clinical supervisor, and then only with the full, informed consent of the juvenile offender, and if he is a minor, his parent or guardian. Providers shall not make treatment decisions solely on the results of a polygraph. Polygraphers used in this process must be able to provide documentation of specific training in the use of polygraphy with sexually abusive juvenile offenders. Effective Date (4-7-11)
02. Incidents Requiring Immediate Notice to Parent or Guardian and Department. All notifications under this Section shall be made to the regional facility in the region where the contract provider is located. Out-of-state contract providers shall notify the Region 2 facility. Contract providers must ensure that a detailed, written incident report is completed and signed by involved staff before the end of the shift during which the incident took place. If any of the following events occur, the contract provider must immediately notify the juvenile offender's parent or guardian, juvenile services coordinator, juvenile probation officer, and the department's regional facility by telephone (not by facsimile). A written incident report shall also be transmitted within twenty-four (24) hours to the juvenile offender's parent or guardian, juvenile services coordinator, and the juvenile probation officer, unless notification to the juvenile offender's parent or guardian would endanger the juvenile. Transmission may be electronic or by facsimile. Effective Date (4-7-11)
a. Health and mental health emergencies, including but not limited to: Effective Date (4-7-11)
i. Every instance of emergency room access; Effective Date (4-7-11)
ii. Refusal of medications, treatment recommended by a physician, or food for two (2) days; Effective Date (4-7-11)
b. Major incidents such as death of a juvenile offender, suicide, attempted suicide or threat of suicide, attempted escape, sexual misconduct among juvenile offenders or by staff including, but not limited to, incidents reportable under PREA, criminal activity resulting in arrest, detention, or filing a report with local law enforcement, or any relevant report made to the Idaho Department of Health and Welfare; Effective Date (4-7-11)
c. Any incident of restraint which involves the use of medications, chemicals, or mechanical devices of any kind; Effective Date (4-7-11)
d. Incidents of alleged or suspected abuse or neglect of juvenile offenders; and Effective Date (4-7-11)
e. Incidents involving major disasters affecting location or well-being of the juveniles; Effective Date (4-7-11)
03. Escapes Also Require Immediate Notice to Parent or Guardian and Department. In all instances of escape, the contract provider must immediately notify the juvenile correctional center in Nampa first, followed by the regional facility, juvenile offender's parent or guardian, juvenile services coordinator, and juvenile probation officer by telephone (not by facsimile). A written incident report shall also be transmitted within twenty- four (24) hours to the juvenile offender's parent or guardian, juvenile services coordinator, and the juvenile probation officer, unless notification to the juvenile offender's parent or guardian would endanger the juvenile offender. Transmission may be electronic or by facsimile. Upon apprehension, all of the same parties must be notified immediately. Effective Date (4-7-11)
a. Clothing and other personal belongings shall be secured immediately and maintained in a secure place until returned to the department. Effective Date (4-7-11)
b. The contract provider shall not transfer a juvenile offender at the time of an escape. The juvenile offender shall continue to be assigned to the program, although not physically present for up to forty-eight (48) hours. The program will be reimbursed for the days the juvenile offender was on escape status up to forty-eight (48) hours. Should the program choose to transfer the juvenile offender after returning, then the procedures outlined in Subsection 275.04 of these rules, shall apply. If the juvenile offender is apprehended, the contract provider shall contact the juvenile services coordinator to plan for transfer of the juvenile offender to a regional facility for an updated assessment and for a placement decision. Effective Date (4-7-11)
04. Incidents Requiring Immediate Notice to Department and Ten Day Notice to Parent or Guardian. The following incidents require immediate notice to the department and other parties in the manner described in Subsection 262.02, and require notice within ten (10) days to parent or guardian of the juveniles involved. Effective Date (4-7-11)
a. Any use of separation or isolation for more than two (2) hours: Effective Date (4-7-11)
b. Incidents involving the disclosure of criminal behavior by juvenile offenders; Effective Date (4-7-11)
c. Instances of physical assault or fighting; Effective Date (4-7-11)
d. Major misconduct by one (1) or more staff against a juvenile offender; Effective Date (4-7-11)
e. Discovery of contraband that represents an immediate threat to safety and security such as weapons or drugs; Effective Date (4-7-11)
f. Other than incidents described in Subsection 262.02 significant property damage resulting from misconduct, negligence, or incidents such as explosions, fires, floods, or other natural disasters; Effective Date (4-7-11)
g. Any pattern of restraint of a juvenile, which is defined as (3) or more restraints within a twenty-four (24) hour period. Effective Date (4-7-11)
05. Incidents Requiring Notice within Ten Days to the Department. Effective Date (4-7-11)
a. Contract providers must ensure that a detailed, written incident report is completed and signed by involved staff before the end the shift during which the incident took place. A copy of the completed incident report must be submitted to the juvenile services coordinator no later than ten (10) business days after the incident. Effective Date (4-7-11)
b. A detailed incident report is also required for each incident of juvenile offender misconduct that is not reportable under Subsection 262.02 and results in any type of: Effective Date (4-7-11)
i. Instances of lost keys, equipment, or tools; Effective Date (4-7-11)
ii. Discovery of contraband not posing an immediate risk; Effective Date (4-7-11)
iii. A pattern of refusal of program participation that rises to point of raising questions about the appropriateness of the placement. Effective Date (4-7-11)
c. A detailed incident report is also required for each incident of staff misconduct relating to juvenile care that is not reportable under Subsection 262.02 and results in any type of: Effective Date (4-7-11)
i. Any physical restraint that does not involve the use of medications, chemicals, or mechanical devises of any kind; or Effective Date (4-7-11)
ii. Separation, isolation, or room confinement for less than two (2) hours. Effective Date (4-7-11)
d. A detailed incident report is also required for each incident of staff misconduct relating to juvenile care that is not reportable under Subsection 262.02 and results in any type of: Effective Date (4-7-11)
i. Suspension from work; Effective Date (4-7-11)
ii. Termination from work; Effective Date (4-7-11)
iii. Revocation or suspension of professional licenses; or Effective Date (4-7-11)
iv. Revocation or suspension of driver's license of any staff who transports juveniles. Effective Date (4-7-11)
06. Incident Report Content. Providers may elect to use the department's standard incident report form or may use another form as long as all of the following information is included: Effective Date (4-7-11)
a. Juvenile offender's assigned unit; Effective Date (4-7-11)
b. Date, location, and time of the incident; Effective Date (4-7-11)
c. Witnesses and other staff and juvenile offenders involved; Effective Date (4-7-11)
d. Persons notified with date and time of notice; Effective Date (4-7-11)
e. Type of incident by category, such as assault on staff, assault on juvenile offender, injury or illness, property damage, contraband, suicide attempt or threat, escape or attempted escape, or other misconduct; Effective Date (4-7-11)
f. Action taken by category, such as physical restraint, separation, isolation, or room confinement with times in and out, suicide precautions, or escape precautions initiated; Effective Date (4-7-11)
g. Brief narrative description of the incident; Effective Date (4-7-11)
h. Signature of staff and reviewing supervisor, which may be affixed electronically; Effective Date (4-7-11)
i. Documentation of injury and medical attention provided; and Effective Date (4-7-11)
j. If the incident involves sexual misconduct, the incident report must include a description of action taken to: Effective Date (4-7-11)
i. Keep the alleged victim(s) safe from intimidation of further abuse and maintain confidentiality; Effective Date (4-7-11)
ii. Address any immediate trauma, either physical or emotional; Effective Date (4-7-11)
iii. Address long-term medical or mental health needs related to the alleged abuse; Effective Date (4-7-11)
iv. Notify responsible licensing, regulatory, and law enforcement agencies and preserve evidence; Effective Date (4-7-11)
v. Conduct an internal investigation of the incident and as necessary request that an external investigation be completed; and Effective Date (4-7-11)
vi. Prevent repetition of the abusive situation. Effective Date (4-7-11)
07. Monitoring the Location of Juvenile Offenders. The provider must have and strictly follow a comprehensive policy covering the supervision of juvenile offenders, including a plan for monitoring all movement of those juvenile offenders both in the facility and, as appropriate, within the community. Provider must be aware of the location of every juvenile offender assigned to that program at all times. Effective Date (4-7-11)
08. Nonresidential Absences. Nonresidential programs shall make reasonable efforts to ensure that the juvenile offenders attend their program daily or as otherwise specified in the service implementation plan. The non-juvenile offender program shall inform the juvenile services coordinator of daily attendance and all attendance problems. Effective Date (4-7-11)