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(1) For each fiscal year, out of the money appropriated by the Legislature for juvenile placement funds, the department will allocate money to the Office of Court Administrator, the cost containment pool, and the juvenile parole in the following manner and amounts:

(a) The department will allocate $25,000 to the Office of Court Administrator for evaluations of out-of-home placements, programs, and services.

(b) The department will allocate at least $1 million to the cost containment pool. The cost containment review panel will recommend to the department an amount to be allocated to the cost containment pool. After considering the recommendation of the cost containment review panel, the department shall determine if it will allocate more than $1 million to the cost containment pool. If the cost containment pool expenditures exceed $900,000 in the previous fiscal year, the department will allocate at least an amount equal to the amount over $900,000 of pool expenditures in addition to $1 million to the pool for the next fiscal year; the department may allocate additional funds.

(c) After funds have been allocated as indicated in (1)(a) and (b), the department will allocate 11 percent of appropriated juvenile placement funds to juvenile parole for out-of-home placements, programs, and services for youth on juvenile parole.

(2) After funds have been allocated as indicated in (1)(a) through (c), the department shall allocate the remaining funds to judicial districts for out-of-home placements, programs, and services for youth. The cost containment review panel will determine the formula the department must use to establish the amount of funds allocated to each judicial district.

(3) After the cost containment review panel has determined the allocation formula to be used to compute the amount of funds to be distributed to each judicial district, the department will use the formula to calculate the amount allocated to each judicial district.

(4) By no later than July 15 of each year, the department will notify each judicial district of the following:

(a) the total amount of funds appropriated by the Legislature for the juvenile placements, the amount of funds allocated to the Office of Court Administrator for evaluations, the amount allocated to juvenile parole, the amount allocated to the cost containment pool, and the amount remaining that will be allocated to the judicial districts;

(b) the allocation formula the cost containment review panel established; and

(c) the amount the department has calculated the judicial district will receive from the remaining appropriated funds using the formula established by the cost containment review panel.

(1) Each judicial district and the department shall monitor the judicial district's annual allocation to ensure the judicial district does not exceed its annual allocation.

(2) In order to properly monitor the judicial district's annual allocation, the judicial district shall input costs for services to youth into the CAPS system or alternative system of payment processing. If a judicial district has extenuating circumstances that require an expenditure outside the CAPS system or alternative system of payment processing, the judicial district shall obtain the department's approval prior to the expenditure.

(3) The department will provide technical assistance to any judicial district that requests assistance with monitoring its annual allocation.

(4) The department shall prepare a monthly budget status report that indicates the amount each judicial district has expended or committed to expend from its annual allocation and the amount remaining in the allocation.

(a) The department shall submit the monthly budget status report to each judicial district and to the cost containment review panel.

(b) If it appears to the department that the judicial district will exceed its annual allocation, the department will notify the judicial district and the cost containment review panel of the judicial district's expected excess and advise the judicial district of appropriate procedures and actions it should take to come into compliance with the spending authority it has or procedures with which it must comply to receive additional funds from the cost containment pool.

(5) The department shall reconcile allocations with expenses for all judicial districts. If the department encounters an error or irregularity in a judicial district's account, the department shall request the Office of Court Administrator review the error or irregularity to determine if an audit of the judicial district's account is necessary. After consultation with the department, if the Office of Court Administrator elects to pursue an audit of the judicial district's account, the department will assist with the audit as necessary.

(6) The department will process payments to providers after expenditures have been properly entered into the CAPS system or have been approved as indicated in (2).

(a) The department financial and program chief will approve expenditures that are appropriately documented and entered within 30 days of commencement of service or within five working days of changes of placement or closure of services.

(b) The department will generate payments within 30 days of approval by the department's financial and program chief.

(1) A youth correctional facility must remove a youth committed to it if the facility learns that the youth suffers from a mental disorder and, because of the mental disorder, the youth:

(a) is substantially unable to provide for the youth's own basic needs including the youth's health or safety; i.e., cannot provide for the youth's hygiene;

(b) has recently caused self-injury or injury to others;

(d) the youth's disorder will, if untreated, predictably deteriorate to the point the youth will become a danger to himself/herself or to others.

(2) Treatment staff in a youth correctional facility will assess youth at the following times to determine if the youth suffers from a mental disorder and the youth meets any of the criteria in (1)(a) through (d):

(a) at the time of the admission to the facility;

(b) at regular intervals if the youth has been diagnosed with a mental disorder or if the youth has been prescribed psychotropic medications for a mental disorder; and

(3) If, after assessment by the correctional facility treatment staff, the facility has reason to believe the youth suffers from a mental disorder and meets one of the criteria in (1)(a) through (d), the facility will obtain an evaluation of the youth by a medical doctor, an advanced practice registered nurse with a clinical specialty in psychiatric mental health nursing, a licensed psychologist, or a person who has been certified by the Department of Public Health and Human Services.

(4) If the person listed in (3) certifies that the youth suffers from a mental disorder and meets one of the criteria in (1)(a) through (d), the facility will make application to Medicaid and to in-state psychiatric residential treatment facilities for residential psychiatric treatment of the youth. If no in-state psychiatric residential treatment facilities will accept the youth, the facility will make application to out-of-state psychiatric residential treatment facilities.

(5) When a youth correctional facility places a youth in a psychiatric residential treatment facility, it will periodically discuss the youth's progress with the treatment facility. If the youth makes sufficient progress so the youth no longer suffers from a mental disorder or no longer meets any of the criteria in (1)(a) through (d), the youth correctional facility will take the youth back in the facility, or may release the youth to juvenile parole.

This rule has been repealed.

(1) When a parole officer has reason to believe a youth may have violated the youth's written parole agreement in a manner to justify the youth's return to a secure placement facility, the parole officer may issue a written notice to authorize the department or law enforcement officer to detain the youth.

(2) The parole officer must immediately investigate to determine whether the allegations constitute a violation of the written parole agreement. If, on the basis of the investigation, the parole officer concludes that the allegations do not constitute a violation of the written parole agreement, the officer shall dismiss the allegations and immediately cause the youth to be released from detention.

(a) "Secure placement facility" means a juvenile correctional facility or other placement deemed appropriate by the youth's parole officer.

(3) If the allegations support a violation of the parole agreement, the parole officer must file a report of violation that documents the violation with specific facts, including, but not limited to:

(a) a description of acts or omissions;

(b) dates;

(d) places; and

(e) the names of witnesses and the substance of their testimony.

(4) The parole officer must further:

(a) determine and document whether it is necessary to continue the youth's detention pending the hearing;

(b) ensure the appropriateness of the youth's place of detention; and

(5) Pending the hearing and decision, the department may detain a youth only to protect the person or property of the youth or others or when the youth may abscond or be removed from the community. The detention of the youth may occur only in the places described in 41-5-348 and 41-5-349, MCA.

This rule has been repealed.

(1) The parole officer shall schedule a hearing to be held at the site of the alleged violation or in the county where the youth is residing or is found, in a location determined by the hearings officer. The hearing must occur within ten days after the youth's detention, or ten days after notice has been served on the youth, whichever is earlier.

(2) As soon as possible after the alleged violation, and at least 24 hours prior to the hearing, the parole officer shall serve the youth with the forms approved by the Youth Services Division which include written notice of the time, date, location of the hearing, and the alleged violation of the parole agreement.

This rule has been repealed.

(1) The youth may submit a written request to the hearings officer to continue the hearing for a reasonable time period for good cause. The hearings officer must confirm the mutually agreeable rescheduled date in writing to the youth and the youth's attorney.

(2) If a youth has failed to retain counsel, the hearings officer shall appoint an attorney to represent the youth.

(3) On request of either party, the hearings officer shall issue and the parole officer shall serve subpoenas to procure the attendance of witnesses or production of documents at the hearing.

(4) The hearing is a public proceeding. However, upon a finding that an individual right of privacy outweighs the public's right to know, the hearings officer may exclude members of the public from all portions of the hearing pertaining to privacy interests. Witnesses may attend only during their testimony.

(5) The hearing shall be conducted informally. The hearings officer must record the hearing and establish for the record the identity of persons present and that the youth received prior written notice of:

(a) the alleged violation of the parole agreement;

(b) the purpose of the hearing;

(d) the opportunity to have the hearings officer subpoena witnesses;

(e) the opportunity to be heard in person or by interactive video transmission and to present witnesses and documentary evidence to controvert the evidence against the youth and to show that there are compelling reasons that justify or mitigate the violation;

(f) the right to confront and cross-examine adverse witnesses in person or by means of interactive video transmission; and

(g) the right to be represented by an attorney.

(6) The hearings officer shall request that the youth enter a plea to the allegations. In the event the youth enters a plea, the hearings officer shall determine whether the youth's plea was made voluntarily and without duress or promise.

(7) The hearings officer must review the evidence submitted by both parties and if, by a preponderance of the evidence, the hearings officer finds that the youth committed the alleged violation, the hearings officer must decide if the youth is to be returned to a youth correctional facility or if the hearings officer recommends the youth be placed in a community placement. The hearings officer may consider mitigating or aggravating circumstances in reaching the decision.

(8) The hearings officer must, within 24 hours of the hearing, provide to the parole officer and the youth a record of the hearing and a written statement of the evidence relied upon by the hearings officer in reaching the final decision and the reasons for the final decision.

(9) The hearings officer shall attach to the final decision, an appeal form approved by the Youth Services Division containing information regarding the appeal process of the hearings officer's decision.

This rule has been repealed.

(1) The youth may appeal the hearings officer's decision to the department director by submitting a notice of appeal and any additional information within five days of the hearing. Upon request of the youth to the department, the youth may receive a copy of the recording of the hearing. The director or director's designee shall review the record and grant or deny the appeal within five days of receipt of the appeal.

(2) As soon as possible following receipt of request for a copy of the recording of the hearing, the hearings officer shall provide copies of the hearing recording to be made and submitted to the youth and to the department director.

(3) Within five days of receipt of the appeal, the department director shall review the decision of the hearings officer and determine whether the decision is supported by a preponderance of the evidence. The director shall either affirm the decision or vacate the decision.

(4) The statement shall contain notice to the youth of the youth's right to appeal, within ten days, the director's decision to the district court in the county where the parole revocation hearing was held and the youth's right to have a written transcript of the hearing if the youth appeals the decision to district court.

(5) Within a reasonable time of notice of the youth's appeal to district court, the department will furnish a transcript of the revocation hearing to the youth's attorney.

(1) At any time prior to the hearing, the youth may, upon the advice of an attorney, waive his/her right to the hearing on a form provided by the Youth Services Division for that purpose. A waiver of the hearing constitutes an admission by the youth of the alleged violations and authorizes the hearings officer to render a decision on the youth's placement in a youth correctional facility or in the community. A youth not represented by an attorney may not waive the right to a hearing.

(1) If a youth released pending hearing fails to appear for the hearing, the parole officer shall issue a certificate to detain the youth. The department shall schedule and hold a hearing within 72 hours of the youth's detention.

This rule has been repealed.

(1) These rules establish the licensing requirements and procedures for youth detention facilities and short-term detention facilities. Except where specifically noted, these rules apply to both types of facilities.

The following definitions apply to all youth detention facility licensing rules:

(1) "Administrative segregation" means a method of housing and managing youth whose continued presence in the general population poses a serious threat to life, property, self, staff, or other youth.

(2) "Collocated facility" means a youth facility located in the same building as an adult jail or lockup, or is part of a related complex of buildings located on the same grounds as an adult jail or lockup. A complex of buildings is considered related when it shares physical features such as walls, fences, or services beyond mechanical services (heating, air conditioning, water and sewer), or is part of a related complex of buildings located on the same grounds as an adult jail or lockup.

(3) "Contraband" means any item possessed by a confined youth or found within the facility that is illegal by law or expressly prohibited by those legally charged with the administration and operation of the facility or program.

(4) "Delinquent youth" means a youth as defined by 41-5-103, MCA.

(5) "Department" means the Department of Corrections as provided for in 2-15-2301, MCA.

(6) "Detention" means placement by law of a youth in a detention facility.

(7) "Detention facility" means a facility as defined by 41-5-103, MCA.

(8) "Disciplinary detention" means a sanction which may be used when a youth commits a serious rule violation as defined by facility policy.

(9) "Facility" means youth detention facility or short-term detention facility.

(10) "Inflammatory agent" means a substance like oleoresin capsicum (OC), commonly called pepper spray, which is derived from the cayenne pepper plant and classified as an inflammatory agent that affects the mucous membranes and the upper respiratory system.

(11) "Intervention and restraint" means the least amount of direct physical contact required by a staff member using approved methods of making such physical contact to restrain a youth from harming self or others.

(12) "Licensing specialist" means the person designated by the department to perform licensing inspections, and to ensure that detention facilities comply with these rules.

(13) "Mechanical restraint" means handcuffs, belly chains, shackles, or leg irons.

(14) "Parent" means the natural or adoptive parent but does not include a person whose parental rights have been judicially terminated, nor does it include a putative father.

(15) "PREA" means Prison Rape Elimination Act.

(16) "Privileged correspondence" is correspondence between a youth and the youth's attorney, courts, government officials, facility director, or probation/parole

officers.

(17) "Secure observation" means placement of a youth in an assigned room for observation for the initial 24 hours of detention.

(18) "Serious incident" means:

(a) a suicide attempt;

(b) an allegation of abuse or neglect;

(d) sexual abuse/assault by another youth or staff;

(e) injury to a youth, staff, or visitor which requires hospitalization; or

(f) the death of a youth, staff, or visitor.

(19) "Short-term detention" means a facility as defined by 41-5-103, MCA.

(20) "Unencumbered space" means a measurement of square footage in a room or area obtained by multiplying the length and width of the cell/room and subtracting from that figure the total number of square feet encumbered by beds, plumbing fixtures, desks, lockers, and other fixed equipment.

(21) "Youth" means any person under the age of 18 years, without regard to gender or emancipation.

(22) "Youth in need of intervention" means a youth as defined in 41-5-103, MCA.

(1) Each youth detention facility operating within the state of Montana must be licensed by the department. The facility's current youth detention license must be publicly displayed at the facility.

(2) The department shall issue a one-year youth detention facility license to any state or private facility which meets the requirements established by these rules, as determined by the department after a licensing study.

(a) The department shall renew the license annually on the expiration date of the previous year's license if the facility:

(i) makes written application for renewal at least 30 days prior to the expiration date of its current license; and

(ii) continues to meet the licensing requirements established by these rules, as determined by the department after a relicensing study.

(b) If a facility makes timely application for renewal of a license, but the department fails to complete the relicensing study before the expiration date of the previous year's license, the previous year's license will continue in effect for the time necessary for the department to complete the relicensing study.

(3) The department may, in its discretion, issue a provisional license for any period up to six months to any license applicant which:

(a) has met all applicable requirements for fire safety and health standards; and

(b) has agreed in writing to comply fully with all requirements established by these rules within the time period covered by the provisional license.

(4) The department may, in its discretion, renew a provisional license if the license applicant shows good cause for failure to comply fully with all of the requirements within the time period covered by the prior provisional license. The total time period covered by the initial provisional license and renewals may not exceed one year.

(5) Within 30 days of receipt of a written licensing inspection report, the facility shall provide to the department a written response to the report which includes a plan to correct any deficiencies identified by the inspection and the time frame for correcting the deficiencies.

(6) The facility may not detain more youth at one time than the number specified on the license except as stipulated in these rules.

(1) Application for a youth detention facility license must be made on an application form provided by the department.

(2) Upon receipt of an application for license or renewal of license, the department shall conduct a licensing study to determine if the applicant meets applicable licensing requirements established in these rules. A licensing study must include an on-site visit for review of incident reports, logs, portions of the employee record as listed in ARM 20.9.610, policies and procedures, other written rules, as well as interviews with detained youth and staff members.

(3) If the department determines that an application or accompanying information is incomplete or erroneous, it will notify the applicant, in writing, of the specific deficiencies or errors, and the applicant shall submit the required or corrected information within 30 days of receipt of the written notice. The department may not issue a license or renew a license until it receives all required or corrected information.

(1) The department, after written notice to the applicant or licensee, may deny, suspend, restrict, revoke or reduce to provisional status a license upon finding that the facility:

(a) is not in compliance with fire safety requirements;

(b) is not in substantial compliance with any other licensing requirements established by these rules;

(c) has made any misrepresentations to the department, either negligent or intentional, regarding any aspect of its operations or facility;

(d) has failed to take corrective action when a staff member has been found guilty of a criminal offense;

(e) has failed to report an incident of abuse or neglect within the facility to the county attorney, the department of corrections and the department of public health and human services as required by 41-3-201 , MCA; or

(f) has failed to comply with its plan to correct areas of noncompliance identified by an inspection as required in ARM 20.9.604.

(1) Any applicant or licensee who is dissatisfied because of the department's action refusing to grant a license, restricting, suspending a license, reducing to provisional license or revoking a license may request a hearing as provided in 2-4-601 , MCA.

(1) Records maintained by a facility may be released to the following:

(a) the youth court and its professional staff;

(b) representatives of any agency providing supervision and having legal custody of a youth;

(d) any court and its probation and other professional staff or the attorney for a convicted party who had been a party to proceedings in the youth court when considering the sentence to be imposed upon the party;

(e) the county attorney;

(f) the youth who is the subject of the report or record, after emancipation or reaching the age of majority;

(g) a member of a county interdisciplinary child information team formed under 52-2-211, MCA, who is not listed in this rule;

(h) members of a local interagency staffing group provided for in 52-2-203, MCA;

(i) persons allowed access to the records referred to under 45-5-624, MCA;

(j) persons allowed access under 42-3-203, MCA; and

(k) the licensing specialist for purposes of licensing only. The licensing specialist shall keep confidential any information identifiable to a particular youth.

(2) Facility record keeping must meet state and federal records requirements, and facility policy must provide:

(a) an orderly system of recording, managing and maintaining youth records;

(b) that all electronic or paper records are marked confidential and kept in secure files to safeguard against unauthorized or improper use or disclosure; and

(3) Each facility must remove and destroy all Department of Corrections and Youth Court records from a youth's file when the youth reaches the age of 18. All detention facility documents may be kept according to facility policy in accordance with 41-5-216, MCA.

(1) The facility shall submit to the department, upon its request, any reports required by federal or state law or regulation.

(2) The facility shall report any of the following changes to the department prior to the effective date of the change:

(a) a change of director;

(b) a change in location;

(d) a significant change in the organization, administration, purposes, programs, or services.

(3) Staff members shall report within 24 hours any incidents of known or suspected child abuse or neglect to the local and state offices of the department of public health and human services, to the department of corrections, and to the county attorney in the county where the facility is located.

(a) Each facility shall require each staff member to read and sign a statement annually which outlines the state law on child abuse and neglect and the staff member's responsibility to report all incidents of child abuse or neglect according to state law.

(b) Each facility shall cooperate fully in the investigation of any incident of suspected child abuse or neglect.

(i) a procedure for ensuring that the staff member involved does not have contact with the youth involved until the investigation is completed; and

(ii) a procedure for disciplining any staff member involved in an incident of child abuse.

(d) For the protection of youth in detention, whenever a staff member is alleged to have committed sexual or physical abuse, the facility shall take appropriate employment action and ensure the staff member has no contact with the youth pending the final outcome of the allegations.

(4) Any serious incident involving a youth must be reported within the next working day to the parent, the juvenile probation officer and the licensing specialist.

(a) The facility shall complete a written incident report concerning any serious incident involving a youth. The report must include the date and time of the incident, the youth involved, the nature of the incident, description of the incident, and the circumstances surrounding it.

(b) A copy of the report must be filed at the facility, and a copy must be sent to the licensing specialist.

(5) Disasters or emergencies which require closure of the facility must be reported to the licensing specialist within the next working day.

(1) Escapes must be reported immediately to law enforcement, the youth's probation officer, parent or legal guardian, and licensing specialist.

(1) Each facility shall be purchased, leased, or otherwise provided for by one or more counties.

(a) The facility shall ensure that the county commissioners provide for inspection of the facility annually. Inspection must include but is not limited to health, fire safety, security, rehabilitation programs, recreation, treatment of youth and personnel training.

(2) The facility must not be used for the confinement of youth in need of care, persons who have attained the age of 18, or youth who have been criminally adjudicated. If a youth turns 18 years of age while in the facility, the youth may no longer be held in the youth detention facility. The facility will be allowed 24 hours to move the youth.

(3) The facility must have written policies and procedures which describe the purpose, programs and services offered by the facility. Such written policies and procedures must include:

(a) admissions, including the requirement that the facility only admit youth considered appropriate as defined in such policy;

(b) medical care;

(d) discipline;

(e) recreation;

(f) food;

(g) clothing;

(h) visiting;

(i) transportation;

(j) mail;

(k) religious services;

(l) grievances;

(m) discharge;

(n) access by media;

(o) fiscal management;

(p) an organizational chart; and

(q) personnel consistent with these rules.

(4) The facility must have written personnel policies and procedures which govern:

(a) job qualifications, descriptions and responsibilities;

(b) employee grievance procedure;

(d) record keeping;

(e) leave;

(f) work hours;

(g) salary;

(h) disciplinary procedures;

(i) staff training;

(j) equal opportunity employment provisions;

(k) retirement; and

(l) resignation and termination.

(5) All policies and procedures must be explained to each new staff person prior to the person having direct contact with youth in the facility. A copy of all policies and procedures must be made available to each employee at the time of employment and be continually available thereafter. The policies and procedures must be developed in consultation with employees, and may include other persons deemed relevant by the facility director.

(6) The facility shall maintain a current and accurate record for each employee. The record must include:

(a) qualifications;

(b) background investigation report;

(d) orientation and training record; and

(e) written disciplinary actions which involve abuse, neglect, safety, security or constitutional issues.

(7) The facility shall investigate the personal and employment references of each staff prior to hiring.

(1) The facility or county commissioners must have written procedures which govern fiscal management consistent with accepted accounting practices.

(2) All financial records must be retained for three years and subject to audit in accordance with accepted auditing procedures.

(3) The facility shall show proof of institutional insurance coverage, including at a minimum fire, public liability, worker's compensation, and civil liability for employees.

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

(a) The director must have the following qualifications:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) relevant experience working with youth;

(b) be at least 18 years of age;

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

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

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

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

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

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

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

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

(a) certification in CPR;

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

(d) employees' rights and responsibilities;

(e) emergency response procedures;

(f) suicide risk and assessment;

(g) first aid;

(h) overview of juvenile justice system;

(i) youth rights;

(j) training in intervention and restraint;

(k) communicable diseases and blood-borne pathogens;

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

(m) PREA.

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

(1) The facility shall provide an adequate and potable supply of water.

(a) The facility shall:

(i) connect to a public water supply system approved by the Montana Department of Environmental Quality; or

(ii) for a facility utilizing a nonpublic water system, follow and conform to all Montana Department of Environmental Quality rules, regulations, and standards for small water systems.

(b) If a nonpublic water supply is used, the facility shall submit a water sample at least once a quarter (January 1 - March 31, April 1 - June 30, July 1 - September 30, and October 1 - December 31) to a laboratory licensed by the Montana Department of Public Health and Human Services for a coliform bacteria test of the system and a nitrate test of the system at least once every three years. Bacteriological testing of a water supply must be in accordance with ARM 17.38.215.

(i) Sampling results must be kept at the facility and a copy of the results provided to the department and the local Montana Department of Public Health and Human Services.

(ii) Sampling result records must be retained for a minimum of three years.

(c) The water system is determined to have failed and to require replacement, repair, or disinfection when the water supply becomes unsafe (exceeds maximum contaminant levels as specified in ARM 17.38.201 through 17.38.207) or inadequate (less than 20 psi measured at the extremity of the distribution line during peak usage).

(d) Extension, alteration, repair, and replacement of a water supply system, or development of a new water supply system must be in accordance with the Montana Department of Environmental Quality regulations.

(e) Plumbing must be installed and maintained in a manner which prevents cross connections between the potable water supply and any nonpotable or questionable water supply or any source of pollution through which the potable water supply might become contaminated. The potable water system must be installed to preclude the possibility of backflow. A hose shall not be attached to a faucet unless a backflow prevention device is installed.

(f) Facilities must follow and conform to all Montana Department of Environmental Quality rules and regulations relating to review procedures and testing requirements.

(2) An adequate and safe sewage system must be provided for conveying, treating, and disposing of all sewage. Immediate measures must be taken to alleviate health and sanitation hazards caused by sewage at the youth detention facility.

(a) To ensure sewage is safely disposed of, the facility shall either:

(i) connect to a public sewer approved by the Montana Department of Environmental Quality; or

(ii) if a nonpublic system is utilized, follow and conform to all applicable Montana Department of Environmental Quality standards, rules, and regulations.

(b) The sewage system must be repaired or replaced whenever:

(i) it fails to accept, treat, or dispose of sewage as designed;

(ii) seepage of effluent from or ponding of effluent on or around the system occurs;

(iii) contamination of a potable water supply or state waters is traced to the system; or

(iv) a mechanical failure occurs, including electrical outage, or collapse or breakage of a septic tank, lead line, or drain field line.

(c) Extension, alteration, replacement, or new development of any sewage system must be in accordance with all applicable rules, regulations, and standards of the Montana Department of Environmental Quality.

(d) Liquid wastes from sinks, showers, toilets, or baths are not allowed to accumulate on the ground surface. Such waste must be discharged into the sewage system approved by the Montana Department of Environmental Quality or the local health authority.

(3) The facility shall:

(a) store all solid waste in containers which have lids and are corrosion-resistant, flytight, watertight, and rodent proof;

(b) clean all solid waste containers frequently; and

(c) transport or utilize a private or municipal hauler to transport the solid waste at least weekly to a landfill site approved by the Montana Department of Environmental Quality or a local solid waste district in a covered vehicle or covered containers.

(4) Bathtubs, showers, lavatories, urinals, toilet bowls, toilet seats, and floor areas must be cleaned thoroughly with an approved disinfectant or sanitizing agent daily.

(5) Other areas must be cleaned on a regular basis. All furnishings, fixtures, floors, walls, and ceilings must be clean and in good repair.

(6) There must be hot and cold water available in the facility. Hand sinks must be provided with water at a temperature not more than 120°F. Bathing facilities must be provided with water at a temperature of at least 100°F and not more than 120°F. Youth should be encouraged to shower or bathe at least three times per week.

(7) Laundries operated in conjunction with, or utilized by the youth detention facility must be provided with a mechanical washer and hot air tumble dryer and a hot water supply system capable of supplying water at a temperature of 130°F to the washer during all periods of use.

(a) Sheets, pillow cases, towels, and washcloths must be machine washed at a minimum temperature of 130°F for a minimum time of eight minutes and dried in a hot air tumble dryer or ironed to a minimum temperature of 150°F. Appropriate detergents and sanitizers must be used.

(b) Separate areas for sorting and storing soiled laundry and folding and storing clean laundry must be provided.

(d) All bedding, towels, and washcloths provided by the youth detention facility must be clean and in good repair. Clean, laundered bed sheets and pillow cases must be provided on each bed and must be replaced by clean, freshly laundered sheets and pillow cases after the departure of each youth and prior to occupancy by the next youth. Clean bedding and linens must be available to each youth at least weekly or more often, as necessary.

(8) The facility and all areas used by youth must have an adequate ventilation and heating system and adequate lighting (as determined by the tasks to be performed).

(9) Cleaning compounds and pesticides must be stored, used, and disposed of in accordance with the manufacturer's instructions. Material Safety Data Sheet (MSDS) book must be maintained and updated.

(10) Facilities and premises must be kept free of harborage for insects, rodents, and other vermin. The facility shall have a plan for the control of vermin and pests which includes monthly inspections. If fumigations are necessary, they must be done by a licensed pest control professional.

(1) The facility must have written policy, procedure, and practice requiring food service staff to develop advanced, planned menus and substantially follow the schedule. In the planning and preparation of all meals, the staff shall take into consideration food flavor, texture, temperature, appearance, and palatability.

(2) Youth must be given three well-balanced meals daily, as well as supplemental snacks appropriate to the nutritional needs of the youth.

(3) Written policy, practice, and procedure must provide for special diets as prescribed by appropriate medical or dental personnel. Such orders must be kept on file at the facility.

(4) Written policy, procedure, and practice must specify that the food services comply with the applicable sanitation and health codes as promulgated by federal, state, and local authorities.

(5) Written policy, procedure, and practice must provide for adequate health protection for all youth and staff in the facility and youth and other persons working in food service, including the following:

(a) where required by the laws and/or regulations applicable to food service employees in the community where the facility is located, all personnel involved in the preparation of food shall be free of diarrhea, skin infections, and other illness transmissible by food or utensils;

(b) when the facility's food services are provided by an outside agency or individual, the facility must have written verification that the outside provider is in compliance with state and local regulations regarding food service;

(c) all food handlers shall wash their hands with warm water and soap before handling food upon reporting to duty and after using toilet facilities;

(d) youth and other persons working in food service must be monitored each day for health and cleanliness by the director of food services or designee; and

(e) use of home canned products is prohibited.

(6) Copies of menus as served must be kept on file for at least three months and be available for inspection.

(7) Menus and records of meals served must be reviewed at least annually by a dietician or nutritionist to verify that the meals provide nutrition adequate for youth between the ages of 10 and 18. The facility shall maintain documentation of the dietitian's or nutritionist's review and verification. Subsequent menus must be promptly revised to eliminate any deficiencies noted.

(8) Food service equipment, facilities, practices, and procedures must meet the requirements of ARM Title 37, chapter 110, subchapter 2, Food Service Establishments.

(9) The department of public health and human services may allow a deviation from (4) above after the youth detention facility submits to the department:

(a) a written application that demonstrates to the department that the deviation requested does not have the potential to cause adverse public health effects; and

(b) a written plan that describes management practices or procedures that will assure food safety related to the deviation request.

(10) If the youth detention facility food service is provided by a contractor, then the contractor shall provide proof it has a current food establishment license issued by the department of public health and human services.

(11) The department hereby adopts and incorporates by reference the provisions of ARM Title 37, chapter 110, subchapter 2 which sets forth the requirements for food service establishments. Copies of the above rules may be obtained from the Food and Consumer Safety Section, Department of Public Health and Human Services, PO Box 202951, Helena, MT 59620-2951.

(1) A facility shall comply with the following structural requirements:

(a) all rooms and hallways must have adequate lighting;

(b) adequate space must be provided for all phases of daily living, including recreation, privacy, group activities and visits;

(c) detention facilities must have indoor areas of at least 35 square feet of floor space per youth for quiet, reading, study, relaxing, and recreation. Halls, kitchens, and any rooms not used by youth may not be included in the minimum space requirement; and

(d) in detention facilities constructed or remodeled after the adoption of these rules, sleeping areas must contain at least 35 square feet of unencumbered space per youth. Facilities in operation prior to the adoption of these rules must contain at least 30 square feet of floor space per youth.

(2) Collocated facilities, where a youth facility is collocated with an adult facility, shall provide for sight and sound separation of youth and adult detainees. In addition:

(a) collocated facilities shall ensure that written operational plans, policies and procedures are in place to ensure that no contact between youth and adult detainees occurs;

(b) recreational and admission areas used for both adult and youth must be closely regulated by time phasing to prevent contact between adult and youth;

(d) only staff providing specialized services such as cooks, maintenance staff, medical professionals and bookkeepers, whose infrequent contact with detainees occurs under conditions of separation of youth and adult detainees, may serve both populations; and

(e) the day-to-day management and functions of youth detention facilities must be vested in separate staff who, where they serve both youth and adult populations, are trained to serve youth. Except for emergency circumstances, staff whose duties include in whole or in part the provision of direct care to youth may not be used to serve the adult jail at the same time or during the same tour of duty that they serve in the juvenile detention facility.

(1) The facility shall conform to applicable federal, state, and/or local fire safety codes. Compliance must be documented by the authority having jurisdiction. A fire alarm and automatic detection system are required and must be approved by the authority having jurisdiction.

(2) Written policy, procedure, and practice must specify the facility's fire prevention regulations and practices. These must include but are not limited to the following:

(a) provision for an adequate fire protection service;

(b) a system of fire inspection and testing of equipment at least quarterly or at intervals approved by the authority having jurisdiction, following the procedures stated for variances, exception, or equivalencies;

(d) availability of fire protection equipment at appropriate locations throughout the facility.

(3) Written policy, procedure, and practice must provide for a comprehensive and thorough weekly inspection of the facility by a designated staff member for compliance with safety and fire prevention standards. This policy and procedure must be reviewed annually and updated as needed.

(4) The facility must have documentation showing that specification for the selection and purchase of facility furnishings indicate the fire safety performance requirements of the materials selected.

(5) Facilities must be designated and maintained as smoke-free buildings. Special containers must be provided for flammable liquids, for rags used with flammable liquids, and for other combustible refuse. All receptacles and containers must be emptied and cleaned daily.

(6) The facility must have written policy, procedure, and practice governing the control and use of all flammable, toxic, and caustic materials.

(7) The facility must have a written evacuation plan prepared in the event of fire or major emergency that is certified by an independent, outside inspector trained in the application of appropriate codes. The plan must be reviewed annually, updated as needed, and reissued to the local fire jurisdiction. The plan must include the following:

(a) location of building/room floor plan;

(b) use of exit signs and directional arrows for traffic flow;

(d) monthly drills in all occupied locations of the facility; and

(e) staff drills when evacuation of dangerous residents is not permitted.

(8) All facility personnel must be trained in the implementation of written emergency plans.

(9) Written policy, procedure, and practice must specify the means for the immediate release of youth from locked areas in case of emergency and provide for a backup system.

(1) Each youth must be physically observed at intervals no more than 15 minutes apart.

(a) The facility shall implement a means of recording the daily population of youth in the facility. The means of such recording must be written in policy. The policy must ensure compliance with the requirement that the population of youth be recorded daily.

(2) A youth giving indications of self destructive tendencies or exhibiting behavior suggesting possible medical problems must be monitored more regularly.

(3) The facility must have written policies and procedures for security and control which are in accordance with recognized ACA standards. These must include:

(a) searches of residents, their rooms or property;

(b) control of contraband;

(d) key, tool, utensil and cutlery control;

(e) visitation;

(f) emergency procedures;

(g) preventing escapes;

(h) staffing; and

(i) locking of doors.

(4) Staff members shall control security measures, and must not permit youth to assist with these security measures.

(5) Procedures must provide for regular and frequent inspections and maintenance of all security devices, locks, and doors to ensure their proper working order and to detect escape efforts. Any damaged or nonfunctioning security equipment must be promptly repaired.

(6) All living and sleeping areas must be kept free of bars, grates, hooks, or any other physical features which may reasonably be expected to present a suicide risk to youth.

(7) Procedures must provide that, except in emergency situations, weapons including those of law enforcement personnel, are not permitted beyond a designated area to which detained youth have no access.

(8) Every facility shall implement policies and procedures for tool control, confidentiality requirements, and limitations on youth interactions whenever maintenance workers or other nonstaff members are admitted to the facility.

(9) Facility procedures must provide for reporting escapes or runaways.

(10) Procedures must provide for a plan to be followed in emergency situations (e.g., fire, disturbance, taking of hostages, and natural disasters) which must be made available to all personnel.

(11) Work stoppage and riot/disturbance plans may be communicated only to appropriate supervisory or other personnel directly involved in the implementation of those plans.

(1) All policies and procedures on searches must, at a minimum, follow ACA standards.

(2) Although control of weapons and contraband is essential to the order and security of the detention facility, indiscriminate searches of youth are prohibited. Searches of a youth, the youth's possessions, room, or other areas of the facility are permitted only when there is sufficient reason to believe that the security of the facility is endangered or that contraband is present in the facility.

(3) A search policy must be established and made available to both staff and youth. The search policy must be reviewed at least annually and updated as needed.

(4) Searches may be performed for the following reasons:

(a) to prevent the introduction of weapons or other dangerous contraband into the facility;

(b) to detect the manufacture of weapons, escape devices, etc., within the facility;

(d) to check malicious waste or destruction of facility property; and

(e) to discover hazards to health or safety that may go unnoticed during routine inspections.

(5) Searches of youth may be performed only by properly trained personnel of the same gender.

(6) Strip searches may be performed upon entry to the facility or when there is reason to believe that weapons or contraband will be found.

(a) Strip searches are to be performed visually and in an area that ensures privacy.

(b) Clothing should be searched carefully and returned to the youth as soon as possible.

(7) A body cavity search must be authorized by the facility director or designee and will be done only when there is probable cause that weapons or contraband will be found.

(a) Only trained medical staff (e.g., a doctor or nurse) may perform a body cavity search.

(b) A body cavity search must be fully documented by medical staff. Copies of the documentation must be placed in the youth's file and a copy must be maintained at the facility.

(1) The facility shall obtain, in writing, the youth's court order or consent decree for the detention of a youth or a consent adjustment, or a written authorization for the detention of the youth from a law enforcement officer, probation officer (or designee of such probation officer), department representative enforcing a youth parole agreement, or other lawful authorizing documentation for detention of the youth under the requirements of the Montana Youth Court Act.

(2) Any youth held in detention must be between the ages of 10 and 18 years, may not be seriously mentally ill, exhibiting current symptoms that require acute hospitalization, or be criminally adjudicated.

(3) A youth who has been placed in detention may not be held longer than 24 hours, excluding weekends and legal holidays, unless a hearing has been held by the court to determine whether there is probable cause to believe the youth is a delinquent youth or a youth in need of intervention.

(a) The facility shall record the specific charges, date, and time of probable cause hearing.

(b) A parole youth who has been placed in detention may not be held longer than ten days, excluding weekends and legal holidays, unless a parole violation hearing has been held.

(4) The facility shall develop written policy and procedures governing the admission and orientation, and secure observation of admitted youth which include the following requirements:

(a) a staff member of each gender must be available or on call at all times to receive youth for detention;

(b) staff members accepting youth for detention shall determine that the youth is being held under proper legal authority, and the identity of the youth being admitted must be verified as soon as possible;

(d) the youth's personal property, if removed, must be properly itemized, signed for by the youth and staff, and held safely. The youth must be advised that all personal belongings will be returned to the youth when the youth leaves, with the exception of illegal contraband or evidence;

(e) upon admission a youth may be segregated from other youth and placed under secure observation for a maximum of 24 hours for the purpose of assessment and evaluation;

(f) at a minimum the facility shall provide new youth the following:

(i) a set of standard facility clothing or uniform;

(ii) fire-retardant mattress;

(iii) pillow and pillow case or integrated pillow/mattress system;

(iv) two sheets, or one sheet and one mattress cover;

(v) sufficient blankets to provide comfort under existing temperature conditions; and

(vi) one clean towel.

(g) youth uniforms must be laundered or exchanged at least twice a week. The youth's own clothing must be laundered and safely stored.

(5) The facility shall provide youth, without charge, with the following articles necessary for maintaining personal hygiene:

(a) soap;

(b) toothbrush;

(d) comb;

(e) products for female hygiene needs;

(f) deodorant; and

(g) hand towel.

(6) The youth's physical and emotional condition must be noted and recorded, along with identifying data, under the facility admittance form which must be completed upon admission of the youth. Facility admittance forms, as a minimum, must also allow for the recording of the following information:

(a) court case number, corrections juvenile offender number, child and adult

protective services (CAPS) number or other approved automated system number and facility admission number;

(b) date and time of admission;

(d) last known address;

(e) name of attorney (if any);

(f) specific charges;

(g) gender, race;

(h) date and place of birth;

(i) health status;

(j) property inventory;

(k) emergency contact number of parent or guardian;

(l) emergency contact number of placing agency;

(m) a violence risk assessment;

(n) PREA screening; and

(o) suicide risk screening by nationally recognized assessment screening tool.

(7) The admitting staff member shall inquire into and examine the youth for any obvious injuries, medical tags, rashes, unusual cough or high temperature and determine, by questioning, if there are medical problems, including drug or alcohol abuse, asthma, diabetes, epilepsy, mental distress, suicidal thoughts, or other conditions which require medical attention.

(a) If in the judgment of the facility director or designee, a youth has an untreated physical or mental condition or disorder, or is under the influence of drugs or alcohol, the facility may deny admission of the youth.

(b) Any prescription medication in the possession of a youth at admission must be labeled for identification and determination must be made at the earliest possible time regarding the need for its continued use by contacting the prescribing health care professional. A written record of the diagnosis, treatment, and medication prescribed must be maintained in the facility files.

(8) Staff shall contact parents or other responsible persons as soon as possible following the detaining of the youth. Verification of such contacts or attempted contacts must be recorded in writing.

(9) If a youth is hungry at admission, the youth must be given sufficient food to sustain the youth until the next regular meal.

(10) After a youth has been admitted, showered, issued clothing and other essentials, but prior to disciplinary action or integration with other youth and within 24 hours of admission, the youth shall receive orientation and a printed copy of the detention facility rules and youth rights.

(a) Staff shall explain or clarify the contents of the material, especially for:

(i) youth who do not have adequate reading or comprehension skills;

(ii) disabled youth; and

(iii) youth who do not speak English.

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

(11) A record for each youth must be established at admission and must be maintained throughout the period of detention.

(12) Facility policy and procedure must grant all youth the right to make at least two local or long-distance telephone calls to family members, attorneys, or other approved individuals at some time during the admission process.

(1) The facility shall implement the following policies and procedures governing the rights of youth which must be in accordance with ACA standards, and must include:

(a) the facility's written grievance procedure for youth and the youth's right to make requests or complaints to the facility's administration without censorship;

(b) a provision that youth have the right to determine the length and style of their hair, including facial hair except when a valid security interest justifies otherwise; and

(c) a provision that a youth has the right to be separated from the general population insofar as space and staffing patterns permit.

(2) A notice containing facility rules and youth's rights must be accessible to all youth.

(3) The facility may require a detained youth to perform housekeeping functions such as necessary housekeeping in the youth's own room and assisting with general housekeeping duties in the living unit except that:

(a) youth may not have primary responsibility for any phase of operation such as cooking, laundry, housekeeping, or maintenance work which is the duty of regular staff;

(b) assignments must be made in relation to the age and abilities of the youth;

(d) work assignments may not include areas to which youth do not have regular access;

(e) staff are responsible for the safety of youth while they are near equipment and machinery; and

(f) youth may not perform any work prohibited by state and federal regulations and statutes pertaining to child labor.

(4) No facility may discriminate against any youth based on race, religion, national origin, gender, handicap, political belief, or sexual orientation.

(5) Youth will be offered at least one hour of large muscle exercise during each 24-hour period.

(1) The facility must have written policies and procedures governing correspondence which must be in accordance with ACA standards. The policies and procedures must include the following:

(a) the facility may routinely screen and refuse mail going to or incoming from another correctional or detention facility unless it is from a member of the youth's immediate family;

(b) the facility may refuse any incoming mail from a youth who was released from any facility, placement, correctional facility and/or program within 30 days prior to the date of the correspondence;

(d) appropriate stationery, envelopes, and a writing implement must be supplied;

(e) written policy and procedure must specify that youth are permitted to send sealed letters to a specified class of persons and organizations and privileged correspondence including but not limited to courts, counsel, officials of the confining authority, administrators of grievance systems, and members of the releasing authority;

(f) youth have the right to communicate or correspond with persons or organizations subject only to the limitations necessary to maintain facility order and security;

(g) youths' mail, both incoming and outgoing, may be opened and inspected for contraband. Mail may be read, censored, or rejected when based on legitimate facility interest of order and security. The youth must be notified when incoming or outgoing letters are withheld in part or in full;

(h) incoming correspondence may be opened and inspected for cash, checks, or money orders. Receipt of all cash, checks, and money orders sent to youth must be documented and the money retained for the youth in accordance with the written procedures of the facility; and

(i) youth shall not be denied mail rights for disciplinary purposes.

(1) The facility shall adopt policies and procedures governing visitation in accordance with ACA standards including the following requirements:

(a) Youth have the right to receive visits subject only to the limitations necessary to maintain facility order and security.

(b) A facility shall permit informal communication between youth and visitors, including opportunity for physical contact. Physical contact may be restricted, on a case-by-case basis, if it is determined to compromise the facility's security.

(c) All visitors shall register their name and relationship to youth. A "search notice" sign which advises visitors of the policy provisions regarding visitation must be conspicuously posted and pointed out to all visitors.

(d) Youth must be searched after each contact visit.

(e) The visiting area must be thoroughly searched before and after each visiting period.

(f) During a visit, there must be a system for staff to observe youth and visitors at all times.

(2) The facility shall adopt policies and procedures governing telephone use which must include the following:

(a) The facility must be equipped with a telephone.

(b) Emergency telephone numbers must be posted by each telephone.

(c) Youth must be permitted reasonable and equitable access to the telephone according to the facility's policy which may establish hours of availability and time limits.

(d) Youth must have access to telephone contact with their attorneys at reasonable times at facility expense. These telephone calls must be confidential.

(e) Youth must have access to a telephone for calls made upon admission as provided in ARM 20.9.619 and for other approved calls.

(1) Written policy, procedure, and practice must provide that the facility has a designated health authority with responsibility for health care pursuant to a written agreement, contract, or job description.

(a) The health authority may be a physician, physician assistant, nurse practitioner, health administrator, or health agency. When the authority is other than a physician, final medical judgments must rest with a single designated physician.

(2) Written policy, procedure, and practice must provide that treatment by health care personnel other than a physician, dentist, psychologist, optometrist, podiatrist, or other independent provider is performed pursuant to or ordered by personnel authorized by law to give such orders. Nurse practitioners and physician's assistants may practice within the limits of applicable laws and regulations.

(3) Written policy, procedure, and practice must provide for the proper management of pharmaceuticals and address the following subjects:

(a) prescription practices;

(b) procedures for medication receipt, storage, dispensing, and administration or distribution;

(d) dispensing of medicine in conformance with appropriate federal and state laws;

(e) administration of medication must be by licensed personnel only; otherwise, the system of self-administration must be utilized and approved by the health authority at the facility; and

(f) accountability for administering or distributing medications in a timely manner and according to physician's orders.

(4) Written policy, procedure, and practice must require medical, dental, and mental health screening to be performed by health-trained or qualified health care personnel on all youth on arrival at the facility. All findings must be recorded on a form approved by the health authority and placed in the youth's file. The screening form must include at least the following:

(a) inquiry into:

(i) current illness and health problems, including sexually transmitted diseases and other infectious diseases;

(ii) dental problems;

(iii) mental health problems including suicidal thoughts;

(iv) use of alcohol and other drugs, including types of drugs used, mode of use, amounts used, frequency of use, date or time of last use, and a history of

problems that may have occurred after ceasing use (e.g., convulsions);

(v) past and present treatment or hospitalization for mental disturbance or suicide attempts; and

(vi) other health problems designated by the responsible physician.

(b) observation of:

(i) behavior, which includes state of consciousness, mental status, appearance, conduct, tremor, and sweating;

(ii) body deformities, ease of movement, etc.; and

(iii) condition of skin, including trauma markings, bruises, lesions, jaundice, rashes and infestation, and needle marks or other indications of drug abuse.

(i) general population;

(ii) general population with appropriate referral to health care service; or

(iii) referral to appropriate health care service for emergency treatment.

(5) Written policy, procedure, and practice must provide for 24-hour emergency medical, dental, and mental health care availability as outlined in a written plan that includes arrangements for the following:

(a) on-site emergency first aid and crisis intervention;

(b) emergency evacuation of the youth from the facility;

(d) use of hospital emergency rooms or other appropriate health facilities;

(e) emergency on-call physician, dentist, and mental health professional services when the emergency health facility is not located in a nearby community; and

(f) security procedures providing for the immediate transfer of youth, when appropriate.

(6) Written policy, procedure, and practice must provide that direct care staff and other personnel are trained to respond to a health-related emergency within a four-minute response time. A training program must be established by the facility director under the supervision of and in cooperation with the responsible health authority. The plan must include the following:

(a) recognition of signs and symptoms and knowledge of action required in potential emergency situations;

(b) administration of first aid and CPR;

(d) signs and symptoms of mental illness, retardation, and chemical dependency; and

(e) procedures for patient transfers to appropriate medical facilities or health care providers.

(7) There must be a written suicide prevention and intervention program that is reviewed and approved by a qualified medical or mental health professional.

(a) The program must include specific procedures for intake/admission screening, identification, and supervision of youth identified as potentially suicidal.

(b) All staff with responsibility for youth supervision must be trained in the implementation of the program.

(8) Written policy must prohibit the use of youth for medical, pharmaceutical, or cosmetic experiments. Policy may not preclude individual treatment of a youth based on the youth's need for a specific medical procedure that is not generally available.

(9) Written policy and procedures must require that information about access to health care services be communicated both orally and in writing to youth upon arrival at the facility.

(10) Written policy and defined procedures require that sick call be conducted by a physician or other qualified health personnel and be available to each youth according to the following schedule:

(a) in small facilities of fewer than 25 youth, sick call is held once per week, at a minimum; and

(b) in medium-sized facilities of from 25 to 100 youth, sick call is held at least three days per week.

(11) If a youth's condition or status precludes attendance at sick call, the facility must make arrangements to provide sick call services to the youth.

(1) This rule applies to provision of services to all youth who remain in detention beyond ten days.

(2) A range of resources should be provided to meet the needs of youth, including individual and family counseling and community services.

(a) Youth should be afforded access to mental health counseling and crisis intervention services in accordance with their needs.

(b) Psychiatric, psychological, medical, and other diagnostic services, as determined by the youth court, must be available to every youth either provided directly by the facility or by contracting with an outside agency or licensed provider which provides such services.

(3) The facility must have a recreational program.

(a) There must be opportunities for exercise and leisure time activity. All youth must be permitted and encouraged to participate in recreation.

(b) No youth may be required or forced to participate in recreational activities.

(4) Procedures must allow youth to participate in religious services and counseling within the facility on a voluntary basis. All youth must have the opportunity to voluntarily practice their respective religions and to receive visits from representatives of their respective faiths within the limits imposed by safety and security restrictions.

(5) The facility shall provide library services which are available to all youth.

(1) A detention facility licensed by the department shall provide each youth detained for 10 or more consecutive days with the opportunity for education.

(2) A licensed facility must have written policies and procedures governing education which include at a minimum:

(a) An educational policy for the facility that provides the youth with:

(i) educational rights under Montana and federal law, including the Individuals with Disabilities Education Act; and

(ii) the opportunity to participate in an educational program. At the discretion of the facility, this program may be provided in conjunction with cooperating school districts or may be provided by the facility.

(b) A description of the facility's procedures for:

(i) obtaining youths' prior educational records;

(ii) assessing youths' educational needs;

(iii) providing youth with educational programs appropriate to their knowledge, skills and abilities;

(iv) maintaining the youths' educational records while at the facility; and

(v) transferring records to educational agencies when requested.

(d) A description of the in-facility education services, location, materials, teaching staff, etc., if no education release policy exists.

(1) Each facility must have an over capacity plan which must be in accordance with the facility's policies and procedures, and must be approved by the facility director or program manager. The plan must provide for the following:

(a) the nature of the offense of the youth who will cause the facility to go over capacity, and the nature of the offense of the youth already in the facility;

(b) reasonable efforts must have been made to place youth at another facility;

(d) the staff-to-youth ratio must be maintained; and

(e) the facility may not go over capacity if it will jeopardize the safety and security of the youth detained or the facility.

(2) The plan must be documented to the licensing agent.

(1) The facility shall use appropriate forms of discipline but may not use any form of corporal punishment or any other technique which is humiliating, shaming or otherwise damaging to youth.

(1) The facility shall provide training in intervention and restraint to all staff members who may be required to use intervention and restraint. The facility shall provide at least yearly refresher courses.

(2) Intervention and restraint of a youth may only be used to end a disturbance by a youth that immediately threatens physical injury to the youth, other persons, or property.

(1) Each facility which uses administrative segregation or disciplinary detention must have written policies governing these practices which comply with ACA standards.

(2) Administrative segregation may be used as a measure for behaviors by a youth such that the youth's continued presence in the general population poses a serious threat to life, property, self, staff, or other youth. Protective custody may be used for youth requesting or requiring protection from other youth.

(3) Disciplinary detention may be used to control a youth found to have committed a serious rule violation and may only be utilized for a maximum of 23 hours per day. Youth in disciplinary detention must be provided with an opportunity of at least one hour of large muscle exercise per day. No youth may be held for longer than four consecutive days. Facility policy must identify acts which are considered to be serious rule violations.

(4) The youth must be provided a due process disciplinary hearing within 48 hours when placed in disciplinary detention.

(5) Each facility which utilizes disciplinary detention shall have written policies which describe, at a minimum:

(a) the criteria for use of disciplinary detention;

(b) the procedure for a due process hearing; and

(c) the procedure by which a youth can appeal the findings of a due process hearing to the facility director or designee.

(6) Records of the use of disciplinary detention, the youth's records, staff records and the room must be made available to the department for inspection.

(1) Each facility which utilizes mechanical restraint must have a written statement of its policies.

(2) The use of four or five-point restraints is prohibited in youth detention facilities.

(3) The use of mechanical restraint may only be permitted to transport youth or to control aggressive or assaultive behavior that is a clear and present danger to the youth, other youth, staff, property damage, or the safety and security of the facility.

(4) The facility shall not:

(a) deny food to a youth who is mechanically restrained; or

(b) subject a youth to corporal punishment or abusive or degrading treatment.

(5) Mechanical restraint may not be used for punishment, for the convenience of staff, or as a substitute for programming.

(6) Whenever mechanical restraint is used, for any purpose other than transportation, an incident report which documents all relevant information must be entered into the youth's case record.

(a) The information contained in (6)(b)(i) through (iv) must be sent to the licensing specialist within 24 hours of the incident excluding weekends and legal holidays.

(b) The information contained in the incident report must include but need not be limited to the following:

(i) the specific behavior that necessitated the use of mechanical restraint;

(ii) alternative interventions that were unsuccessful in controlling the youth's behavior;

(iii) authorization by the director or designee;

(iv) the time and date that the use of mechanical restraint began and ended; and

(v) monitoring reports, with observations and notations regarding the youth's physical and emotional condition, at no greater than 15-minute intervals.

(7) The following procedures and conditions must be observed whenever the use of mechanical restraint on a youth is implemented:

(a) authorization for the use of mechanical restraint must be provided by the facility director or designee;

(b) the use of mechanical restraint must be for the minimum period of time necessary to enable the youth to gain control of the youth's behavior and if in excess of one hour, the youth must be evaluated by a mental health professional;

(c) while in mechanical restraints, the youth shall remain under constant direct visual observation by a staff person. The staff person may have no duties or responsibilities other than the supervision of the youth;

(d) the staff person shall ensure that the physical needs of the youth are met promptly;

(e) mechanical restraint must be applied in a manner to minimize the risk of injury to the youth or the staff person responsible for supervising the youth;

(f) mechanically restraining a youth to a stationary object is prohibited; and

(g) a youth who requires a mechanical restraint in excess of one hour must have a mental health report attached to the incident report.

(8) A log recording all incidents where mechanical restraint was used except for the purpose of transportation must be maintained by the facility director. Information contained in the log must include but need not be limited to the following:

(a) the youth's name;

(b) the date and time period over which mechanical restraint was used;

(d) the signature of the director or designee who authorized the use of mechanical restraint.

(9) Facility staff must be trained by a Peace Officer Standard Training (POST) certified trainer in the use and effects of mechanical restraint.

(10) The use of mechanical restraints during transportation is permitted. The mechanical restraints should be applied so as to minimize the discomfort of such devices. Lap and shoulder restraints which are part of a vehicle's safety equipment must be worn at all times during transportation.

(11) The youth's probation officer or referring agency must be notified whenever mechanical restraints are used.

(1) Each facility which utilizes inflammatory agents must have a written procedure which includes:

(a) inflammatory agents may only be permitted when a lesser degree of force is not effective to prevent serious injury to youth or staff, or to ensure the safety and security of the facility;

(b) inflammatory agents may be used only by employees specifically trained by a certified oleoresin capsicum trainer in its use and effects upon youth; and

(c) inflammatory agents may not be used for punishment, for the convenience of staff, or as a substitute for programming.

(2) The following procedures and conditions must be observed whenever the use of inflammatory agents on a youth is implemented:

(a) authorization for the use of inflammatory agents must be provided by the facility director or designee;

(b) youth subjected to inflammatory agents who suffer from burning to the eyes, nose, mouth and other exposed skin areas must be removed from the contaminated environment as soon as possible;

(c) youth who have been subjected to inflammatory agents must be allowed to shower and change clothes once they are under staff control;

(d) youth or other individuals exposed to an inflammatory agent must be examined by a health care employee as soon as possible. If there are any persistent symptoms, the youth must be monitored until no further effects or symptoms remain; and

(e) cells and other areas exposed to an inflammatory agent must be decontaminated pursuant to accepted decontamination procedures.

(3) Policy must contain the manner of response to cross contamination and evacuation procedures for uninvolved youth.

(4) Whenever inflammatory agents are used, an incident report must be entered in the youth's case record, and a copy must be sent to the licensing specialist within 24 hours of the incident excluding weekends and legal holidays. The information contained in the incident report must include but need not be limited to the following:

(a) the specific behavior that necessitated the use of an inflammatory agent;

(b) alternative interventions that were unsuccessful in controlling the youth's behavior;

(d) the time and date that the agent was used; and

(e) decontamination procedures followed.

(5) The youth's probation officer or referring agency must be notified whenever an inflammatory agent is used.

(6) Protective devices must be available for facility staff in order to function in a contaminated area.

(7) A log recording all incidents where an inflammatory agent was used must be maintained by the facility. Information contained in the log must include but need not be limited to the following:

(a) the youth's name;

(b) the date and time used;

(d) the name of the director or designee who authorized the use of an inflammatory agent.

(8) Inflammatory agents must be stored and maintained in a locked area with access restricted to the director or designee.

(1) Transfers to other facilities must be by youth court order or by other proper written authorization.

(1) The facility must have policy and procedures for transportation of youth which are in accordance with good correctional practice and state and federal law.

(1) A youth's release from or continuance in detention must be determined by proper authority.

(a) The youth court release from detention must be in writing and on file at the facility.

(b) If a release by the youth court is made by phone, it must be followed up by a written release no later than close of business the following business day.

(2) Procedures for the release of youth must include:

(a) verification of identity;

(b) verification of release papers;

(d) recording of the date, time, and authority;

(e) return of personal property and funds; and

(f) documentation of release or return of medication to the person authorized to receive physical custody of the youth.

(1) Each facility must have a written policy, procedure, and practice to ensure that information is provided to juveniles about sexual abuse/assault including:

(a) each policy, procedure, and practice will include information regarding:

(i) prevention/intervention;

(ii) self-protection;

(iii) reporting sexual abuse/assault; and

(iv) treatment and counseling.

(b) the information will be communicated orally and in writing, in a language clearly understood by the juvenile, upon arrival at the facility.

(2) Each facility must have procedures to assure that juveniles are screened at the facility, via review of records and face-to-face interview, for potential vulnerabilities or tendencies of acting out with sexually aggressive behavior. Housing assignments will be made accordingly.

(3) Each facility must have a written policy, procedure, and practice requiring that an investigation will be conducted and documented whenever a sexual assault is alleged, threatened, or occurs.

(4) Each facility must have a written policy, procedure, and practice requiring that juveniles identified as at-risk for sexual victimization are assessed by a mental health or other qualified professional. Such juveniles are identified, monitored, and counseled.

(5) Each facility must have a written policy, procedure, and practice to ensure that sexual conduct between staff and juveniles, volunteers and juveniles, and contract personnel and juveniles, regardless of consensual status, is prohibited and subject to administrative and criminal disciplinary sanctions.

(6) All occurrences or allegations of sexual assault shall be referred to an appropriate medical facility for clinical assessment and gathering of forensic evidence by professionals who are trained and experienced in management of victims of sexual assault. If these procedures are performed in-house, the following guidelines shall be used:

(a) provisions will be made for testing for sexually transmitted diseases (for example, HIV, gonorrhea, hepatitis, and other diseases) and release of information for purposes of medical management of both the victim and alleged perpetrator;

(b) a history will be taken by healthcare professionals who conduct an examination to document the extent of physical injury and to determine if referral to another facility is indicated. With the victim's consent, the examination includes collection of evidence from the victim, using a kit approved by the appropriate authority;

(c) prophylactic treatment and follow-up for sexually transmitted diseases will be offered to all victims, as appropriate, if not already done in the emergency room;

(d) follow-up by a mental health professional will be offered to assess the need for crisis intervention counseling and long-term follow-up; and

(e) a report will be made to the facility or program administrator or designee to assure separation of the victim from the youth's assailant.

(7) Each facility will have a written policy, procedure, and practice to provide that juveniles who are victims of sexual abuse and/or assault have the option to report the incident to a designated staff member other than an immediate point-of-contact line staff member.

(8) Each facility will have a written policy, procedure, and practice to provide that all case records associated with claims of sexual abuse and/or assault, including incident reports, investigative reports, juvenile information, case disposition, medical and counseling evaluation findings, and recommendations for post-release treatment and/or counseling are retained in accordance with an established schedule.

For the purposes of this subchapter, the following definitions apply:

(1) "Assigned juvenile parole officer" means the officer whom the Youth Services Division assigns to monitor the youth who enters a state youth correctional facility.

(2) "Department" means the Department of Corrections as authorized in 2-15-2301, MCA.

(3) "Discharge" means formal action taken by the department to relieve both the department and the youth court of jurisdiction over a youth who has been committed to department custody.

(4) "Facility" means a state youth correctional facility as defined in 41-5-103, MCA.

(5) "Length of stay" means the length of time a youth is incarcerated in a state youth correctional facility.

(6) "Parole" means release from a state youth correctional facility to the community, subject to supervision of the department.

(7) "Release" means the act of allowing the youth to leave the youth correctional facility to juvenile parole.

(8) "Secure facility emergency release" is a release granted by the superintendent of a state youth correctional facility because the population of the facility has exceeded the capacity of the facility.

(9) "Youth parole agreement" means a document containing the terms and conditions of the youth's release on parole.

This rule has been repealed.

(1) The youth correctional facility will determine a tentative length of stay for each youth who enters the facility. The length of stay establishes the tentative date upon which the facility will release the youth because the youth is suitable for and will be placed on juvenile parole.

(2) The facility will determine the tentative length of stay within the first 30 days the youth is admitted to the facility. The facility will inform the youth, the youth's parents or guardians, and the assigned juvenile parole officer of the length of stay the facility has established and the tentative release date.

(3) To determine the initial tentative length of stay the facility may consider any criteria deemed important, including but not limited to the following:

(a) the category of criminal offense or offenses the youth has committed; i.e., violent offense, crime against the person, property crime, sex offense, or misdemeanor offense;

(b) the number of offenses for which the youth has been adjudicated;

(d) the recommendations of the youth court.

(4) No less than quarterly, facility staff will reevaluate the length of stay for each youth at the youth's progress reviews.

(a) Facility staff may change the length of stay for the youth based on the youth's progress through the program and the youth's progress in treatment.

(b) If the facility changes the length of stay and tentative release date, staff will inform the youth, the youth's parents or guardians, and the assigned juvenile parole officer.

This rule has been repealed.

(1) Each facility must have written procedures that govern length of stay. The procedures must be based on department policy and approved by the Youth Services Division administrator.

(2) The length of stay procedures must provide for the following:

(a) youth with similar delinquency histories and similar offenses will receive similar lengths of stay;

(b) a youth has incentives to demonstrate positive change so youth can shorten the assigned length of stay;

(d) the facility may take into consideration aggravating or mitigating factors which demonstrate the necessity of a longer or shorter length of stay.

(3) When a youth is granted a release to juvenile parole, facility procedures must require a youth to sign a youth parole agreement that contains:

(a) a statement of the terms and conditions of the youth's release, including a list of the acts that, if committed by the youth, could result in the youth's return to the facility;

(b) a statement that if the department alleges any violation of the terms and conditions of the agreement, the youth is entitled to a hearing as provided for in 52-5-129, MCA, before the department may return the youth to the facility; and

(1) Annually, the department will determine the capacity for each state youth correctional facility. Each year when the department has determined the facility capacities, it will notify all district courts, sheriffs, and youth courts in the state of the capacity of each facility.

(2) When the population of a youth correctional facility exceeds its established capacity, the department director may declare that the facility has exceeded its capacity and stop admissions to the facility. If the director stops admissions to the facility, the department will notify each district court, sheriff, and youth court that the facility will not accept admissions until the population of the facility is less than the established capacity.

(3) During any time the department stops admissions to a facility, the department will find alternative placements for youth whom the courts commit to the department. Before the department places a youth in an alternative placement, it will inform the court that committed the youth and seek approval for the alternative placement. The department may not make the alternative placement without approval of the committing court.

(1) The department will release a youth from a youth correctional facility when:

(a) the youth has spent the maximum amount of time in a youth correctional facility pursuant to 41-5-1522, MCA;

(b) the department places the youth on juvenile parole pursuant to a parole agreement; or

(c) the youth court order remands the youth back to youth court supervision once the adjudication to the department is completed.

(2) The department will change the supervision status of a youth when:

(a) the youth is transferred to supervision by adult probation/parole as a result of a transfer pursuant to 41-5-208, MCA; or

(b) the youth is no longer under the jurisdiction of the youth court, and will be supervised under an extended jurisdiction adjudication.

(3) The department will notify the youth court, in writing, that the department is releasing a youth from a youth correctional facility and inform the youth court of the date of release.

(4) The Department of Corrections will discharge a youth from department custody and supervision if:

(a) the youth has fulfilled the obligations of juvenile parole as established and assessed by the department;

(b) the youth has reached 18 years of age and the court order does not remand back to youth court for continued supervision to age 21; or

(c) the dispositional order that committed the youth to the department has expired because the order committed the youth for age certain.

(5) In reaching the decision to discharge a youth from department custody and supervision, the department will consider the recommendations of the youth court as expressed in the dispositional order.

(6) A discharge from the department terminates the jurisdiction of the youth court. The department will notify the youth court, in writing, when it discharges a youth from department custody or supervision.

(7) At least four weeks before a youth leaves a youth correctional facility, the department will notify any victims of a felony offense that have requested notification of the youth's release or discharge from the facility. Notification will be made in writing or by whatever other means the victim has specified.

As used in this subchapter, the following definitions apply:

(1) "Data" means any data related to the records maintained in any youth management information system developed by or used by the Department of Corrections Youth Services Division.

(2) "Department" means the Department of Corrections.

(3) "State enterprise technology policy" means an executive branch information technology policy published by the Department of Administration.

(4) "User ID" means a character string which identifies an individual to a computer system, enabling access and/or update capabilities.

(5) "Validation tables" means a mechanism to ensure that the data that are entered fall within specific boundaries. The table contains the only acceptable data that may be entered into the system so the person entering the data is restricted to enter only those words or numbers that are in the validation table.

(6) "Youth management information system" means the computer systems and staff who manage the systems in the Department of Corrections and which contain information and records involving the management of youth under supervision of the Department of Corrections.

(7) "Youth Services Division" means a division of the Department of Corrections consisting of juvenile corrections programs including Pine Hills Youth Correctional Facility, Riverside Youth Correctional Facility, and the Youth Community Corrections Bureau.

(1) The department will maintain an electronic youth management information system. The department will maintain the electronic youth management information system separate from any adult electronic management information system.

(1) To control the integrity of the information in the youth management information system, only authorized persons will be given the capability to enter data into the system as granted authorization by the Youth Services Division administrator or designee to enter data.

(2) Persons who are granted authorization to enter data will be specially trained by the department to enter correct data into the youth management information system.

(3) The statistics unit of the department will periodically run reports to validate the integrity of the information in the youth management information system. The statistics unit will identify missing or incomplete information with these reports.

(4) When a person enters or changes data in the youth management information system, the system will record the name and user identification of the person who entered or changed the data, and the date and time it was entered, changed, or deleted.

(5) The system will utilize validation tables whenever possible.

(1) To control the security of the information in the youth management information system, the Youth Services Division administrator or designee will give to the Information and Business Technology Bureau security officer(s) the names of persons who need access to the youth management information system. The Information and Business Technology Bureau security officer(s) or designee will grant or deny access to the persons whose names are forwarded. Upon recommendation of the Youth Services Division administrator or designee, the Information and Business Technology Bureau security officer(s) will remove or terminate previously granted access.

(2) The department's chief information officer may periodically review access that has been granted, denied, or terminated.

(3) Youth Services Division personnel who learn of or suspect a security breach in the youth management information system must report the security breach to the department's chief information officer.

(4) Any employee with access to the youth management information system who engages in unauthorized use, disclosure, alteration, or destruction of data will be subject to appropriate disciplinary action, including possible dismissal and legal action.

(5) The Information and Business Technology Bureau of the department is responsible for physical security and access control to the hardware that hosts the youth management information system.

(6) The Information and Business Technology Bureau of the department will secure back-up tapes off-site in compliance with state enterprise technology policy.