Attachment_A_-_Title_15_Minimum_Standards_for_Juvenile_Facilities.pdf

Juvenile Title 15 Minimum Standards

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Title 15 Minimum Standards

For Juvenile Facilities Title 15 Crime Prevention and Corrections

Division 1, Chapter 1, Subchapter 5

Effective January 1, 2019

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Minimum Standards for Juvenile Facilities Title 15. Crime Prevention and Corrections

Division 1, Chapter 1, Subchapter 5

Table of Contents

Article 1. General Instructions

§ 1300. Severability

§ 1301. Other Standards and Requirements

§ 1302. Definitions

§ 1303. Pilot Projects

§ 1304. Alternate Means of Compliance

Article 2. Application of Standards and Inspections

§ 1310. Applicability of Standards

§ 1311. Emergency Suspension of Standards or Requirements

§ 1312. Juvenile Criminal History Information

§ 1313. County Inspection and Evaluation of Building and Grounds

§ 1314. Appeal

Article 3. Training, Personnel, and Management

§ 1320. Appointment and Qualifications

§ 1321. Staffing

§ 1322. Youth Supervision Staff Orientation and Training

§ 1323. Fire and Life Safety

§ 1324. Policy and Procedures Manual

§ 1325. Fire Safety Plan

§ 1326. Security Review

§ 1327. Emergency Procedures

§ 1328. Safety Checks

§ 1329. Suicide Prevention Plan

Article 4. Records and Public Information

§ 1340. Reporting of Legal Actions

§ 1341. Death and Serious Illness or Injury of a Youth While Detained

§ 1342. Population Accounting

§ 1343. Juvenile Facility Capacity

Article 5. Classification and Segregation

§ 1350. Admittance Procedures

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§ 1350.5. Screening for the Risk of Sexual Abuse

§ 1351. Release Procedures

§ 1352. Classification

§ 1352.5 Transgender and Intersex Youth

§ 1353. Orientation

§ 1354. Separation

§ 1354.5 Room Confinement

§ 1355. Institutional Assessment and Plan

§ 1356. Counseling and Casework Services

§ 1357. Use of Force

§ 1358. Use of Physical Restraints

§ 1358.5 Use of Restraint Devices for Movement and Transportation within the Facility

§ 1359. Safety Room Procedures

§ 1360. Searches

§ 1361. Grievance Procedure

§ 1362. Reporting of Incidents

§ 1363. Use of Reasonable Force to Collect DNA Specimens, Samples, Impressions

Article 6. Programs and Activities

§ 1370. Education Program

§ 1371. Programs, Recreation, and Exercise

§ 1372. Religious Program

§ 1373. Work Program

§ 1374. Visiting

§ 1375. Correspondence

§ 1376. Telephone Access

§ 1377. Access to Legal Services

Article 7. Discipline

§ 1390. Discipline

§ 1391. Discipline Process

Article 8. Health Services

§ 1400. Responsibility for Health Care Services

§ 1401. Patient Treatment Decisions

§ 1402. Scope of Health Care

§ 1403. Health Care Monitoring and Audits

§ 1404. Health Care Staff Qualifications

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§ 1405. Health Care Staff Procedures

§ 1406. Health Care Records

§ 1407. Confidentiality

§ 1408. Transfer of Health Care Summary and Records

§ 1408.5 Release of Health Care Summary and Records

§ 1409. Health Care Procedures Manual

§ 1410. Management of Communicable Diseases

§ 1411. Access to Treatment

§ 1412. First Aid/AED and Emergency Response

§ 1413. Individualized Treatment Plans

§ 1414. Health Clearance for In-Custody Work and Program Assignments

§ 1415. Health Education

§ 1416. Reproductive Services and Sexual Health

§ 1417. Pregnant/Post-Partum Youth

§ 1418. Youth with Developmental Disabilities

§ 1430. Medical Clearance/Intake Health and Screening

§ 1431. Intoxicated Youth and Youth With a Substance Use Disorder

§ 1432. Health Assessment

§ 1433. Requests for Health Care Services

§ 1434. Consent and Refusal for Health Care

§ 1435. Dental Care

§ 1436. Prostheses and Orthopedic Devices

§ 1437. Mental Health Services

§ 1437.5. Transfer to a Treatment Facility

§ 1438. Pharmaceutical Management

§ 1439. Psychotropic Medications

§ 1452. Collection of Forensic Evidence

§ 1453. Sexual Assaults

§ 1454. Participation in Research

Article 9. Food

§ 1460. Frequency of Serving

§ 1461. Minimum Diet

§ 1462. Medical Diets

§ 1463. Menus

§ 1464. Food Service Plan

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§ 1465. Food Handlers Education and Monitoring

§ 1466. Kitchen Facilities, Sanitation, and Food Storage

§ 1467. Food Serving and Supervision

Article 10. Clothing and Personal Hygiene

§ 1480. Standard Facility Clothing Issue

§ 1481. Special Clothing

§ 1482. Clothing Exchange

§ 1483. Clothing, Bedding and Linen Supply

§ 1484. Control of Vermin in Youths' Personal Clothing

§ 1485. Issue of Personal Care Items

§ 1486. Personal Hygiene

§ 1487. Shaving

§ 1488. Hair Care Services

Article 11. Bedding and Linens

§ 1500. Standard Bedding and Linen Issue

§ 1501. Bedding and Linen Exchange

§ 1502. Mattresses

Article 12. Facility Sanitation and Safety

§ 1510. Facility Sanitation, Safety and Maintenance

§ 1511. Smoke Free Environment

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Article 1. General Instructions

§ 1300. Severability.

If any article, subsection, sentence, clause or phrase of these regulations is for any reason held to be unconstitutional, contrary to statute, exceeding the authority of the Board, or otherwise inoperative, such decision shall not affect the validity of the remaining portion of these regulations.

Note: Authority cited: Sections 210 and 885, Welfare and Institutions Code. Reference: Section 209, Welfare and Institutions Code.

§ 1301. Other Standards and Requirements.

Nothing contained in the standards and requirements hereby fixed shall be construed to prohibit a city, county, or city and county agency operating a local juvenile facility from adopting standards and requirements governing its own employees and facilities provided such standards and requirements meet or exceed and do not conflict with these standards and requirements. Nor shall these regulations be construed as authority to violate any state fire safety standard, building standard, or applicable statutes.

Note: Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Section 209, Welfare and Institutions Code; 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.

§ 1302. Definitions.

The following definitions shall apply:

“Administering medication,” as it relates to pharmaceutical management, means the act by which a single dose of medication is given to a patient by licensed health care staff. The single dose of medication may be taken either from stock (undispensed) or dispensed supplies.

“Alternate means of compliance” means a process for meeting or exceeding the intent of the standards in an innovative way as approved by the Board pursuant to an application.

“Appeal hearing” means an administrative procedure providing an appellant with an opportunity to present the facts of the appeal for the formal decision concerning matters raised pursuant to the purposes set forth in these regulations. Such hearing may be conducted using oral and/or written testimony as specified by the Executive Director of the Board or the Board.

“Appellant” means a county or city which files a request for an appeal hearing.

“Authorized representative” means an individual authorized by the appellant to act as its representative in any or all aspects of the hearing.

"Behavioral health" means mental/emotional well-being and/or actions that affect wellness.

Behavioral health problems include: substance use disorders, alcohol and drug addiction, and serious psychological distress, suicide, and mental disorders.

“Behavioral / Mental Health Director” means that individual who is designated by contract, written agreement or job description to have administrative responsibility for the behavioral/mental health program of the facility or system. The health administrator shall work in cooperation with the

Effective 1/1/2019 8 behavioral/mental health director to develop and implement mental health policies and procedures.

“Board” means the Board of State and Community Corrections, which acts by and through its executive director, deputy directors, and field representatives.

“Camp” means a juvenile camp, ranch, forestry camp or boot camp established in accordance with Section 881 of the Welfare and Institutions Code, to which youth made wards of the court on the grounds of fitting the description in Section 602 of the Welfare and Institutions Code may be committed.

“Cisgender” means a person whose gender identity corresponds to the gender they were assigned at birth.

“Clergy” means persons ordained for religious duties.

“Committed” means placed in a jail or juvenile facility pursuant to a court order for a specific period of time, independent of, or in connection with, other sentencing alternatives.

“Contraband” is any object, writing or substance, the possession of which would constitute a crime under the laws of the State of California, pose a danger within a juvenile facility, would interfere with the orderly day-to-day operation of a juvenile facility, or violate facility rules.

“Control Room” is a continuously staffed secure area within the facility that contains staff responsible for safety, security, emergency response, communication, electronics, and movement.

“Court holding facility for youth” means a local detention facility constructed within a court building used for the confinement of youth or youth and adults for the purpose of a court appearance, for a period not to exceed 12 hours.

“Culturally Responsive” means considering the diverse population of a facility with regard to race, language, ethnicity, sexual orientation, gender, gender expression, immigration status and values.

“De-escalation" in regard to use of force, is the use and application of efforts and techniques, including conflict resolution, to discourage, decrease or prevent threatening, disruptive or violent behavior.

“Delivering medication,” as it relates to pharmaceutical management, means the act of providing one or more doses of a prescribed and dispensed medication to a youth.

“Developmental disability” applies to those persons who have a disability which originates before an individual attains age 18, continues, or can be expected to continue indefinitely, and constitutes a substantial disability for that individual. This term includes intellectual disability, cerebral palsy, epilepsy, and autism, as well as disabling conditions found to be closely related to intellectual disabilities or to require treatment similar to that required for individuals with intellectual disabilities, but shall not include other disabilities that are solely physical in nature.

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“Direct visual observation” means staff must personally see youth's movement and/or skin.

Audio/video monitoring and mirrors may supplement, but not substitute, for direct visual observation.

“Direct visual supervision” means staff are constantly in the presence of the youth. Audio/video monitoring and mirrors may supplement, but not substitute, for direct visual supervision.

“Dispensing,” as it relates to pharmaceutical management and pursuant to Business and Professions Code Section 4024, means the placing of one or more doses of a prescribed medication into containers that are correctly labeled to indicate the name of the youth, the contents of the container, and all other vital information.

“Disposal,” as it relates to pharmaceutical management, means the destruction of medication or its return to the manufacturer or supplier on its expiration date or when retention is no longer necessary or suitable (e.g. upon youth discharge from the facility) or the provision of medication to the patient upon discharge.

“DNA” or Deoxyribonucleic acid means a chromosomal double-stranded molecule that exists in each living cell. DNA determines an individual's hereditary characteristics and can be used to distinguish and identify an individual from another person. This becomes critical when blood, hair, skin, or any other part of the body is used to prove one's involvement or lack of involvement, in a crime scene.

“Emergency” means a significant disruption of normal facility procedure, policy or operation caused by civil disorder, single incident of mass arrest of youth or natural disasters such as flood, fire or earthquake; and which requires immediate action to avert death or injury and to maintain security.

“Executive Director” means the Executive Director of the Board of State and Community Corrections.

“Exercise” means an activity that requires physical exertion of the large muscle groups.

“Exigent” means an urgent and unanticipated event that requires immediate action.

“Facility administrator” means chief probation officer, sheriff, marshal, chief of police or other official charged by law with administration of the facility.

“Facility manager” means director, superintendent, police or sheriff commander or other person in charge of the day-to-day operation of a facility holding youth.

“Filing date” means the date a request for an appeal hearing is received by the Executive Director of the Board.

“Food” means any nourishing substance that is eaten, drunk, or otherwise taken in to the body to sustain life, provide energy, and/or promote growth.

“504 plan” means a written educational plan developed by a group of educators, administrators, parents and other relevant participants that addresses the needs of a student with a physical or mental impairment which may substantially limit major life activities, including, but not limited to, Effective 1/1/2019 10 caring for one's self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks and learning as defined under Section 504 of the Rehabilitation Act of 1973.

“Furlough” means the conditional or temporary release of a youth from the facility.

“Gender expression” means the manner in which gender is expressed through clothing, appearance, behavior, speech, etc.

“Gender identity” means a person's sense of being male, female, some combination of male or female, or either male or female.

“Gender fluidity” means a gender identity which can vary over time. A gender fluid person may at any time identify as male, female, neutrois, any other non-binary identity, or some combination of identities. Their gender can also vary at random or vary in response to different circumstances.

Gender fluid people may also identify as multi-gender, non-binary, and/or transgender.

“Gender Nonconforming” means a youth whose appearance or manner does not conform to traditional masculine and feminine gender norms.

“Group Punishment,” which is not allowed, means sanctioning a group of uninvolved youth based on the actions of one or more youth.

“Health administrator” means that individual or agency that is designated with responsibility for health care policy and procedures pursuant to a written agreement, contract or job description.

The health administrator may be a physician, an individual or a health agency.

“Health care” means behavioral/medical, mental health and dental services.

“Health care clearance” means a non-confidential statement which indicates to youth supervision staff that there are no health contraindications to a youth being admitted to a facility and specifies any limitations to full program participation.

“Health care provider" is an individual appropriately licensed by the State and is designated by contract, written agreement, or job description to have responsibility to provide preventive, curative, promotional, or rehabilitative health care in a systematic way to youth.

“Hearing panel” means a panel comprised of three members of the Board who shall be selected by the Chair at the time an appeal is filed. A fourth member may be designated as alternate.

Members designated to the hearing panel shall not be employed by, or citizens of, the county or city submitting an appeal.

"Human trafficking" means the trade of humans, most commonly for the purpose of forced labor, sexual slavery, or commercial sexual exploitation for the benefit of the trafficker or others.

“Individual Education Program” (IEP) means a written statement for each individual with exceptional needs that is developed, reviewed and revised in a meeting in accordance with Education Code Section 56345 and applicable federal laws and regulation.

“Intersex” means a youth whose sexual or reproductive anatomy or chromosomal pattern does not fit typical definitions of male or female.

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“Juvenile facility” means a juvenile hall ranch or camp, forestry camp, regional youth education facility, boot camp or special purpose juvenile hall.

“Juvenile hall” means a county facility designed for the reception and care of youth detained in accordance with the provisions of this subchapter and the juvenile court law.

“Labeling,” as it relates to pharmaceutical management and pursuant to Business and Professions Code Sections 4076 and 4076.5, means the act of preparing and affixing an appropriate label to a medication container.

“Legend drugs” are any drugs defined as “dangerous drugs” under Chapter 9, Division 2, Section 4022 of the California Business and Professions Code. These drugs bear the legend, “Caution Federal Law Prohibits Dispensing Without a Prescription.” The Food and Drug Administration (FDA) has determined, because of toxicity or other potentially harmful effects, that these drugs are not safe for use except under the supervision of a health care practitioner licensed by law to prescribe legend drugs.

“Lesbian, Gay, Bisexual, Transgender, Questioning, Intersex (LGBTQI)” is a diversity of sexuality and gender identity-based cultures. It may be used to refer to anyone who is non-heterosexual or non-cisgender, instead of exclusively to people who are lesbian, gay, bisexual, or transgender.

To recognize this inclusion, the letter Q is for those who identify as queer or are questioning their sexual identity. The letter I stands for “intersex’” which is defined above.

“Linguistically appropriate” means delivered in a manner that effectively communicates with persons of limited English proficiency, those who have low literacy or are not literate, and individuals with disabilities.

“Living unit” shall be a self-contained unit containing locked sleeping rooms, single and double occupancy sleeping rooms, or dormitories, day room space, water closets, wash basins, drinking fountains and showers commensurate to the number of youth housed. A living unit shall not be divided in a way that hinders direct access, supervision, immediate intervention or other action if needed.

“Local Health Officer” means that licensed physician who is appointed by the Board of Supervisors pursuant to Health and Safety Code Section 101000 to carry out duly authorized orders and statutes related to public health within his/her jurisdiction.

“Meal” means the food served and eaten, especially at one of the customary or regular occasions for taking food during the day, such as breakfast, lunch or dinner.

“Minor” means a person under 18 years of age and includes individuals whose cases are under the jurisdiction of the adult criminal court.

“Non-school day” means a day when school is not in operation. It also applies when an individual youth is both not enrolled in school and not required to be in attendance.

“Notice of decision” means a written statement by the Executive Director of the Board which contains the formal decision of the Executive Director and the reason for that decision.

“On-site health care staff” means licensed, certified or registered health care personnel who provide regularly scheduled health care services at the facility pursuant to a contract, written

Effective 1/1/2019 12 agreement or job description. It does not extend to emergency medical personnel or other health care personnel who may be on-site to respond to an emergency or an unusual situation.

“Over-the-counter (OTC) drugs,” as it relates to pharmaceutical management, are medications which do not require a prescription (non-legend).

“Pilot project” means an initial short-term method to test or apply an innovation or concept related to the operation, management or design of a juvenile facility, jail or lockup pursuant to an application to, and approval by, the Board.

“Podular design” means a design concept for detention facilities in which housing cells, dormitories or sleeping rooms are positioned around the perimeter of a common dayroom, forming a housing/living unit. Generally, the majority of services for each housing/living unit (such as dining, medical exam/sick call, programming, school, etc.) occur in specified locations within the unit.

“Post-dispositional youth” means a youth detained in a facility after a dispositional order by the Court.

“Procurement,” as it relates to pharmaceutical management, means the system for ordering and obtaining medications for facility stock.

“Proposed decision” means a written recommendation from the hearing panel/hearing officer to the full Board containing a summary of facts and a recommended decision on an appeal.

“Prostheses” means artificial devices to replace missing body parts or to compensate for defective bodily function. Prostheses are distinguished from slings, crutches, or other similar assistive devices.

“Psychotropic medication” means those drugs that are used to treat psychiatric symptoms. Drugs used to reduce the toxic side effects of psychotropic medications are not included.

“Rated capacity” means the number of beds approved by the Board that can be utilized by a Juvenile Facility based on the design requirements of Title 24, Part 1, Article 2, Section 13- 201(c)6, of the California Code of Regulations.

“Reasonable and necessary force” refers to the amount and type of force that an objective, similarly trained, experienced and competent youth supervision staff, faced with similar facts and circumstances, would consider necessary and reasonable to ensure the safety and security of youth, staff, others, and the facility.

“Recreation” means the youth’s free time to choose from activities that occupy the attention and offer the opportunity for relaxation. Such activities may include ping-pong, TV, reading, board games, and letter writing.

“Regional facility” means a facility serving two or more counties bound together by a memorandum of understanding or a joint powers agreement identifying the terms, conditions, rights, responsibilities and financial obligations of all parties.

“Remodeling” means to alter the facility structure by adding, deleting or moving any of the building's components thereby affecting any of the spaces specified in Title 24, Section 460A.

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“Repackaging,” as it relates to pharmaceutical management, means transferring medications from the original manufacturers' container to another properly labeled container.

“Request for appeal hearing” means a clear written expression of dissatisfaction about a procedure or action taken, requesting a hearing on the matter, and filed with the Executive Director of the Board.

“Responsible physician” means that physician who is appropriately licensed by the State and is designated by contract, written agreement or job description to have responsibility for policy development in medical, dental and mental health matters involving clinical judgments. The responsible physician may also be the health administrator.

“Room confinement” means the placement of a youth in a locked room with minimal or no contact with persons other than correctional facility staff and attorneys. Room confinement does not include confinement of a youth in a locked single person room for brief periods as may be necessary for required institutional operations.

“Room Extraction” means the forceful removal of a youth from a room.

“Security glazing” means a glass/polycarbonate composite glazing material designed for use in detention facility doors and windows and intended to withstand measurable, complex loads from deliberate and sustained attacks in a detention environment.

“Separation” means limiting a youth's participation in regular programming for a specific purpose.

“Sexual abuse” is sexual activity or voyeurism by one or more persons upon another person who does not consent, is unable to refuse, or is coerced into the act by manipulation, violence, or by overt or implied threats.

“Sexual orientation” means a person's emotional, romantic, and sexual attraction for members of the same, opposite or both genders.

“Shall” is mandatory; “may” is permissive.

“Snack” means a small portion of food, drink or a light meal, especially one eaten or drunk between regular meals.

“Sole supervision” means independent supervision of one or more youth by youth supervision staff who have successfully completed Juvenile Corrections Officer Core Training.

“Special purpose juvenile hall” means a county facility used for the temporary confinement of a youth, not to exceed 96 hours, prior to transfer to a full service juvenile facility or release.

“Special visits” mean visits by persons other than parents or guardians, those standing in loco parentis, and children of the youth, as outlined in Section 1374 of these regulations.

“Status offender” means a minor alleged or adjudged to be a person described in Section 601 of the Welfare and Institutions Code.

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“Storage,” as it relates to pharmaceutical management, means the controlled physical environment used for the safekeeping and accounting of medications.

“Supervisory staff” means a staff person whose primary duties may include, but are not limited to, scheduling and evaluating subordinate staff, providing on-the-job training, making recommendations for promotion, hiring and discharge of subordinate staff, recommending disciplinary actions, and overseeing subordinate staff work. Supervisory staff may be included in the youth to supervision staff ratio when performing duties of direct youth supervision.

“Transgender youth” means a youth whose gender identity is different from the youth’s assigned sex at birth.

“Trauma” is an experience that causes intense physical and psychological stress reactions. It can refer to a single event, multiple events, or a set of circumstances that is experienced by an individual as physically and emotionally harmful or threatening and that has lasting adverse effects on the individual’s physical, social, emotional, cognitive, or spiritual well-being.

“Trauma-informed approaches” are policies, practices and procedures that ensure that all parties involved recognize and respond appropriately to the impact of traumatic stress and ensure the physical and psychological safety of all youth, family members, and staff.

"Trauma-informed care" means an organizational structure and system framework that involves understanding, recognizing, and responding to traumatic stress reactions and the effects of all types of trauma. Trauma-informed care also emphasizes raising awareness and providing resources about trauma and the impact of trauma on youth, family members and staff.

“Trauma reminder” means something that reminds a person of a traumatic event or loss and can lead to fear, panic, agitation, numbness, physiological arousal, or other traumatic stress reactions.

“Traumatic stress” occurs when youth are exposed to traumatic events and this exposure overwhelms their ability to cope.

“Un-enrolled” means an individual youth is not enrolled in school.

“Use of force” means an immediate means of overcoming resistance and controlling the threat of imminent harm to self or others.

“Voyeurism” means an invasion of privacy of a youth by another individual during private activities such as using the toilet or undressing, or by staff for reasons unrelated to official duties, such as peering at a youth who is using a toilet in his or her room to perform bodily functions; requiring the youth to expose his or her buttocks, genitals, or breasts; or taking images of all or part of a youth’s naked body or of a youth performing bodily functions. Exceptions would include exigent circumstances or when such viewing is incidental to routine room safety checks.

“Youth” means any person who is in the custody of the juvenile facility. This person may be a minor under the age of 18 or a person over 18 years of age. This includes persons whose cases are under the jurisdiction of the juvenile court and persons whose cases are under the jurisdiction of the adult court.

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“Youth supervision staff” means a juvenile facility employee, whose duty is to supervise the youth.

Administrative, supervisory, food services, janitorial or other auxiliary staff is not considered youth supervision staff.

Note: Authority cited: Sections 210 and 885, Welfare and Institutions Code. Reference: Section 209, Welfare and

§ 1303. Pilot Projects.

(a) The Board may, upon application of a city, county or city and county, grant pilot project status to a program, operational innovation or new concept related to the operation and management of a local juvenile facility. An application for a pilot project shall include, at a minimum, the following information:

(1) the regulations which the pilot project shall affect;

(2) any lawsuits brought against the applicant local juvenile facility, pertinent to the proposal;

(3) a summary of the “totality of conditions” in the facility or facilities, including but not limited to:

(A) program activities, exercise and recreation;

(B) adequacy of supervision;

(C) types of youth affected; and,

(D) classification procedures.

(4) a statement of the goals the pilot project is intended to achieve, the reasons a pilot project is necessary, and why the particular approach was selected;

(5) the projected costs of the pilot project and projected cost savings to the city, county, or city and county, if any;

(6) a plan for developing and implementing the pilot project including a time line where appropriate; and,

(7) a statement of how the overall goal of providing safety to staff and youth shall be achieved.

(8) documentation of community outreach, engagement or public notice regarding application.

(b) The Board may consider applications for pilot projects based on the relevance and appropriateness of the proposed project, the applicant's history of compliance/non-compliance with regulations, the completeness of the information provided in the application, and staff recommendations.

(c) Within 10 working days of receipt of the application, Board staff shall notify the applicant, in writing, that the application is complete and accepted for filing, or that the application is being returned as deficient and identifying what specific additional information is needed. This does not preclude the Board members from requesting additional information necessary to make a determination that the pilot project proposed actually meets or exceeds the intent of these regulations at the time of the hearing. When complete, the application shall be placed on the agenda for the Board's consideration at a regularly scheduled meeting. The written notification from the Board to the applicant shall also include the date, time and location of the meeting at which the application shall be considered.

(d) When an application for a pilot project is approved by the Board, Board staff shall notify the applicant, in writing within 10 working days of the meeting, of any conditions included in the approval and the time period for the pilot project. Regular progress reports and evaluative data on the success of the pilot project in meeting its goals shall be provided to the Board.

The Board may extend time limits for pilot projects for good and proper purpose.

(e) If disapproved, the applicant shall be notified in writing, within 10 working days of the meeting, the reasons for said disapproval. This application approval process may take up to 90 days from the date of receipt of a complete application.

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(f) Pilot project status granted by the Board shall not exceed twelve months after its approval date. When deemed to be in the best interest of the applicant, the Board may extend the expiration date. Once a city, county, or city and county successfully completes the pilot project evaluation period and desires to continue with the program, it may apply for an alternate means of compliance. The pilot project shall be granted an automatic extension of time to operate the project pending the Board consideration of an alternate means of compliance.

Note: Authority cited: Sections 210 and 885, Welfare and Institutions Code. Reference: Section 209, Welfare and

§ 1304. Alternate Means of Compliance.

(a) An alternate means of compliance is the long-term method used by a local juvenile facility/system, approved by the Board, to encourage responsible innovation and creativity in the operation of California's local juvenile facilities. The Board may, upon application of a city, county, or city and county, consider alternate means of compliance with these regulations either after the pilot project process has been successfully evaluated or upon direct application to the Board. The city, county, or city and county shall present the completed application to the Board no later than 30 days prior to the expiration of its pilot project, if needed.

(b) Applications for alternate means of compliance shall meet the spirit and intent of improving facility management, shall be equal to, or exceed the intent of, existing standard(s), and shall include reporting and evaluation components. An application for alternate means of compliance shall include, at a minimum, the following information:

(1) any lawsuits brought against the applicant local facility, pertinent to the proposal;

(2) a summary of the “totality of conditions” in the facility or facilities, including but not limited to:

(A) program activities, exercise and recreation;

(B) adequacy of supervision;

(C) types of youth affected; and,

(D) classification procedures.

(3) a statement of the problem the alternate means of compliance is intended to solve, how the alternative shall contribute to a solution of the problem and why it is considered an effective solution;

(4) the projected costs of the alternative and projected cost savings to the city, county, or city and county, if any;

(5) a plan for developing and implementing the alternative including a time line where appropriate; and,

(6) a statement of how the overall goal of providing safety to staff and youth was or would be achieved during the pilot project evaluation phase.

(7) documentation of community outreach, engagement or public notice regarding application.

(c) The Board may consider applications for alternate means of compliance based on the relevance and appropriateness of the proposed alternative, the applicant's history of compliance/non-compliance with regulations, the completeness of the information provided in the application, the experiences of the jurisdiction during the pilot project, if applicable and staff recommendations.

(d) Within 10 working days of receipt of the application, Board staff shall notify the applicant, in writing, that the application is complete and accepted for filing, or that the application is being returned as deficient and identifying what specific additional information is needed. This does not preclude the Board members from requesting additional information necessary to make a determination that the alternate means of compliance proposed meets or exceeds the intent of these regulations at the time of the hearing. When complete, the application shall be placed

Effective 1/1/2019 17 on the agenda for the Board's consideration at a regularly scheduled meeting. The written notification from the Board to the applicant shall also include the date, time and location of the meeting at which the application shall be considered.

(e) When an application for an alternate means of compliance is approved by the Board, Board staff shall notify the applicant, in writing within 10 working days of the meeting, of any conditions included in the approval and the time period for which the alternate means of compliance shall be permitted. Regular progress reports and evaluative data as to the success of the alternate means of compliance shall be submitted by the applicant. If disapproved, the applicant shall be notified in writing, within 10 working days of the meeting, the reasons for said disapproval. This application approval process may take up to 90 days from the date of receipt of a complete application.

(f) The Board may revise the minimum standards during the next biennial review based on data and information obtained during the alternate means of compliance process. If, however, the alternate means of compliance does not have universal application, a city, county, or city and county may continue to operate under this status as long as they meet the terms of this regulation.

Note: Authority cited: Sections 210 and 885, Welfare and Institutions Code. Reference: Section 209, Welfare and

Article 2. Application of Standards and Inspections

§ 1310. Applicability of Standards.

All standards and requirements contained herein shall apply to any county, city and county, or joint juvenile facility that is used for the confinement of youth.

(a) Juvenile halls, camps, ranches, forestry camps and boot camps shall comply with all regulations.

(b) Special purpose juvenile halls shall comply with all regulations except the following:

1322(c) Child Supervision Staff Orientation and Training

1370 School Program

1415 Health Education

1464 Food Services Manager

1481 Special Clothing

1488 Hair Care Services

Note: Authority cited: Sections 210 and 885, Welfare and Institutions Code. Reference: Section 209, Welfare and

§ 1311. Emergency Suspension of Standards or Requirements.

Nothing contained herein shall be construed to deny the power of any facility administrator to temporarily suspend any standard or requirement herein prescribed in the event of any emergency which threatens the safety of a local juvenile facility, youth, staff, or the public. Only such regulations directly affected by the emergency may be suspended. The facility administrator shall notify the Board in writing in the event that such a suspension lasts longer than three days.

In no event shall a suspension continue more than 15 days without the approval of the chairperson of the Board for a time specified by him/her.

Note: Authority cited: Sections 210 and 885, Welfare and Institutions Code. Reference: Section 209, Welfare and

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§ 1312. Juvenile Criminal History Information.

Such juvenile criminal history information as is necessary for the conduct of facility inspections as specified in Section 209 of the Welfare and Institutions Code shall be made available to the staff of the Board. Such information shall be held confidential except that published reports may contain such information in a form which does not identify an individual.

Note: Authority cited: Sections 210 and 885, Welfare and Institutions Code. Reference: Sections 204.5 and 209, Welfare and Institutions Code.

§ 1313. County Inspection and Evaluation of Building and Grounds.

On an annual basis, or as otherwise required by law, each juvenile facility administrator shall obtain a documented inspection and evaluation from the following:

(a) county building inspector or person designated by the Board of Supervisors to approve building safety;

(b) fire authority having jurisdiction, including a fire clearance as required by Health and Safety

Code Section 13146.1(a) and (b);

(c) local health officer, inspection in accordance with Health and Safety Code Section 101045;

(d) county superintendent of schools on the adequacy of educational services and facilities as required in Section 1370;

(e) juvenile court as required by Section 209 of the Welfare and Institutions Code; and,

(f) the Juvenile Justice Commission as required by Section 229 of the Welfare and Institutions

Code or Probation Commission as required by Section 240 of the Welfare and Institutions Code.

Note: Authority cited: Sections 210 and 885, Welfare and Institutions Code. Reference: Section 209, Welfare and

§ 1314. Appeal.

The appeal hearing procedures are intended to provide a review concerning the Board application and enforcement of standards and regulations governing juvenile facilities. A county, city, city and county, or joint juvenile facility may appeal on the basis of alleged misapplication, capricious enforcement of regulations, or substantial differences of opinion as may occur concerning the proper application of regulations or procedures.

(a) Levels of Appeal.

(1) There are two levels of appeal as follows:

(A) appeal to the Executive Director; and,

(B) appeal to the Board.

(2) An appeal shall first be filed with the Executive Director.

(b) Appeal to the Executive Director.

(1) If a county, city, city and county, or joint juvenile facility is dissatisfied with an action of the Board staff, it may appeal the cause of the dissatisfaction to the Executive Director. Such appeal shall be filed within 30 calendar days of the notification of the action with which the county or city is dissatisfied.

(2) The appeal shall be in writing and:

(A) state the basis for the dissatisfaction;

(B) state the action being requested of the Executive Director; and,

(C) attach any correspondence or other documentation related to the cause for dissatisfaction.

(c) Executive Director Appeal Procedures.

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(1) The Executive Director shall review the correspondence and related documentation and render a decision on the appeal within 30 calendar days except in those cases where the appellant withdraws or abandons the appeal.

(2) The procedural time requirement may be waived with the mutual consent of the appellant and the Executive Director.

(3) The Executive Director may render a decision based on the correspondence and related documentation provided by the appellant and may consider other relevant sources of information deemed appropriate.

(d) Executive Director's Decision. The decision of the Executive Director shall be in writing and shall provide the rationale for the decision.

(e) Request for Appeal Hearing by Board.

(1) If a county, city, city and county, or joint juvenile facility is dissatisfied with the decision of the Executive Director, it may file a request for an appeal hearing with the Board. Such appeal shall be filed within 30 calendar days after receipt of the Executive Director's decision.

(2) The request shall be in writing and:

(A) state the basis for the dissatisfaction;

(B) state the action being requested of the Board; and,

(C) attach any correspondence related to the appeal from the Executive Director.

(f) Board Hearing Procedures.

(1) The hearing shall be conducted by a hearing panel designated by the Chairman of the

Board at a reasonable time, date, and place, but not later than 21 days after the filing of the request for hearing with the Board, unless delayed for good cause. The Board shall mail or deliver to the appellant or authorized representative a written notice of the time and place of hearing not less than 7 days prior to the hearing.

(2) The procedural time requirements may be waived with mutual consent of the parties involved.

(3) Appeal hearing matters shall be set for hearing, heard, and disposed of by a notice of decision within 60 days from the date of the request for appeal hearing, except in those cases where the appellant withdraws or abandons the request for hearing or the matter is continued for what is determined by the hearing panel to be good cause.

(4) An appellant may waive a personal hearing before the hearing panel and, under such circumstances, the hearing panel shall consider the written information submitted by the appellant and other relevant information as may be deemed appropriate.

(5) The hearing is not formal or judicial in nature. Pertinent and relative information, whether written or oral, shall be accepted. Hearings shall be tape recorded.

(6) After the hearing has been completed, the hearing panel shall submit a proposed decision in writing to the Board at its next regular public meeting.

(g) Board Decision.

(1) The Board, after receiving the proposed decision, may:

(A) adopt the proposed decision;

(B) decide the matter on the record with or without taking additional evidence; or,

(C) order a further hearing to be conducted if additional information is needed to decide the issue.

(2) the Board, or notice of a new hearing ordered, notice of decision or other such actions shall be mailed or otherwise delivered by the Board to the appellant.

(3) The record of the testimony exhibits, together with all papers and requests filed in the proceedings and the hearing panel's proposed decision, shall constitute the exclusive record for decision and shall be available to the appellant at any reasonable time for one year after the date of the Board's notice of decision in the case.

(4) The decision of the Board shall be final.

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Note: Authority cited: Sections 210 and 885, Welfare and Institutions Code. Reference: Section 209, Welfare and

Article 3. Training, Personnel, and Management

§ 1320. Appointment and Qualifications.

(a) Appointment

In each juvenile facility there shall be a superintendent, director or facility manager in charge of its program and employees. Such superintendent, director, facility manager and other employees of the facility shall be appointed by the facility administrator pursuant to applicable provisions of law.

(b) Employee Qualifications Each facility shall:

(1) recruit and hire employees who possess knowledge, skills and abilities appropriate to their job classification and duties in accordance with applicable civil service or merit system rules;

(2) require a medical evaluation and physical examination including tuberculosis screening test and evaluation for immunity to contagious illnesses of childhood (i.e., diphtheria, rubeola, rubella, and mumps);

(3) adhere to the minimum standards for the selection and training requirements adopted by the Board pursuant to Section 6035 of the Penal Code: and

(4) conduct a criminal records review, on each new employee, and psychological examination in accordance with Section 1031 of the Government Code.

(c) Contract personnel, volunteers, and other non-employees of the facility, who may be present at the facility, shall have such clearance and qualifications as may be required by law, and their presence at the facility shall be subject to the approval and control of the facility manager.

Note: Authority cited: Sections 210 and 885, Welfare and Institutions Code Reference: Section 209, Welfare and

§ 1321. Staffing.

Each juvenile facility shall:

(a) have an adequate number of personnel sufficient to carry out the overall facility operation and its programming, to provide for safety and security of youth and staff, and meet established standards and regulations;

(b) ensure that no required services shall be denied because of insufficient numbers of staff on duty absent exigent circumstances;

(c) have a sufficient number of supervisory level staff to ensure adequate supervision of all staff members;

(d) have a clearly identified person on duty at all times who is responsible for operations and activities and has completed the Juvenile Corrections Officer Core Course and PC 832 training;

(e) have at least one staff member present on each living unit whenever there are youth in the living unit;

(f) have sufficient food service personnel relative to the number and security of living units, including staff qualified and available to: plan menus meeting nutritional requirements of youth; provide kitchen supervision; direct food preparation and servings; conduct related training programs for culinary staff; and maintain necessary records; or, a facility may serve food that meets nutritional standards prepared by an outside source;

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(g) have sufficient administrative, clerical, recreational, medical, dental, mental health, building maintenance, transportation, control room, facility security and other support staff for the efficient management of the facility, and to ensure that youth supervision staff shall not be diverted from supervising youth; and,

(h) assign sufficient youth supervision staff to provide continuous wide awake supervision of youth, subject to temporary variations in staff assignments to meet special program needs.

Staffing shall be in compliance with a minimum youth-staff ratio for the following facility types:

(1) Juvenile Halls

(A) during the hours that youth are awake, one wide-awake youth supervision staff member on duty for each 10 youth in detention;

(B) during the hours that youth are confined to their room for the purpose of sleeping, one wide-awake youth supervision staff member on duty for each 30 youth in detention;

(C) at least two wide-awake youth supervision staff members on duty at all times, regardless of the number of youth in detention, unless an arrangement has been made for backup support services which allow for immediate response to emergencies; and,

(D) at least one youth supervision staff member on duty who is the same gender as youth housed in the facility.

(E) personnel with primary responsibility for other duties such as administration, supervision of personnel, academic or trade instruction, clerical, kitchen or maintenance shall not be classified as youth supervision staff positions.

(2) Special Purpose Juvenile Halls

(A) during the hours that youth are awake, one wide-awake youth supervision staff member on duty for each 10 youth in detention;

(B) during the hours that youth are confined to their room for the purpose of sleeping, one wide-awake youth supervision staff member on duty for each 30 youth in detention;

(C) at least two wide-awake youth supervision staff members on duty at all times, regardless of the number of youth in detention, unless an arrangement has been made for backup support services which allow for immediate response to emergencies; and,

(D) at least one youth supervision staff member on duty who is the same gender as youth housed in the facility, unless an arrangement has been made for immediate same gender supervision.

(E) personnel with primary responsibility for other duties…