Ala. Admin. Code r. 950-1-6-.03
Current through Register Vol. 43, No. 1, October 31, 2024
Section 950-1-6-.03 - Administration(1)Section A(a) The Agency operating a Community Residential Program is a legal entity or part of a legal entity.(b) The Board of Directors, or where established by a local unit of government, the Governing Authority, shall consult with the Department of Youth Services prior to: 1. establishing a new Program or Facility2. changing the basic program3. extending services into additional Program or geographic area(c) The Governing Authority of the Community Residential Program holds meetings at least annually (quarterly recommended) with the administrator and appropriate staff to facilitate communication, establish Policy, and ensure conformity to legal and fiscal requirements.(d) Written Policy, procedure, and practice provide that the Facility has documented long range goals and objectives.(e) Written Policy, Procedure, and practice provide that the Facility and its Programs are managed by a single administrative officer.(f) The qualifications for the position of facility administrator include, at a minimum, a bachelor's degree in an appropriate discipline and demonstrated administrative ability and leadership.(g) The Facility has a plan in place that ensures a continuity of service. These measures should include provisions for providing service following fire, natural disasters, or other major disruptions in the ongoing operation of the Program.(h) There is a written document that describes the Facility, including an organizational chart that delineates lines of authority.(i) The Facility has an Advisory Board that is representative of the community in which it is located, that meets at least annually.(j) Written Policy, Procedure, and practice provide for operating and maintaining the Facility as specified in a manual that is accessible to all employees and the public.(k) Written Policy, Procedure, and practice provide that new or revised policies and procedure are disseminated to appropriate staff and volunteers.(l) Written Policy, Procedure, and practice provide for regular meetings, at least monthly, between the administrator and key staff members.(m) Written Policy, Procedure, and practice provide that the Facility develops Procedure to assess its progress in meeting its mission as defined by its stated long range goals and objectives. The assessment is conducted at least annually.(n) Written Policy, Procedure, and practice provide media access to the Facility. These Procedures should include details addressing:1. juvenile rights to confidentiality and privacy2. maintenance of order and security3. a program of public information4. designation of individuals authorized to speak on behalf of the Facility5. identification of areas of the Facility accessible to media representatives(o) The Facility has a written Policy conforming to statutes and regulations governing campaigning, lobbying, and political practices.(p) Written Policy, Procedure, and practice provide that firearms are not permitted in the Facility or on Facility grounds, except in the instances of police officers in the performance of their duties. (2)Section B - FISCAL MANAGEMENT(a) Written Policy, Procedure, and practice provide that the administrator is responsible for fiscal policy, management, and control. Management of fiscal operations may be delegated to a designated staff person.(b) The Facility has written fiscal policies and procedure adopted by the Governing Authority sufficient to meet Facility fiscal operations.(c) The Facility prepares an annual written budget of anticipated revenues and expenditures that is approved by the appropriate Governing Authority.(d) The facility administrator participates in budget reviews conducted by the governing board.(e) Written Policy, Procedure, and practice provide that when Facility services are provided on a regional basis, all contract users are charged an equal per diem rate.(f) Written Policy, Procedure, and practice provide that all the monies collected at the Facility are placed in an officially designated and secure location.(g) The Facility, at a minimum, prepares and distributes to its Governing Authority, income and expenditure statements, funding sources, financial reports, and independent Audit reports.(h) Written Policy, Procedure, and practice provide for an independent financial Audit of the Facility, conducted at least every three years. The Audit is available to DYS upon request.(i) The Facility utilizes a system of property inventory and control for purchasing and requisitioning supplies and equipment.(j) The Facility maintains insurance on its building and properties. It is highly encouraged to maintain comprehensive general liability insurance.(k) Written, Policy, Procedure, and practice provide that any financial transaction permitted between juveniles, juveniles and staff, or juveniles and volunteers, must be approved by the facility administrator.(3)Section C - PERSONNEL(a) The Facility maintains a personnel manual that is available to all employees and is approved by the Governing Authority, that covers, at a minimum, the following areas: 2. Recruitment and selection4. Job qualifications and job descriptions7. Grievance and appeal procedure10. Staff development and Training18. Disciplinary procedures(b) The facility administrator reviews the Facility's personnel policies on an annual basis and submits any recommended changes to the Governing Authority.(c) Written Policy and Procedure specifies that equal employment opportunities exist for all positions.(d) Written Policy, Procedure, and practice prohibit sexual harassment.(e) Written policy and procedure specifies support for a drug-free workplace for all employees.(f) Written Policy, Procedure, and practice provide that there are written job descriptions for all positions in the Facility. Each job description includes, at a minimum, the following: job title, responsibilities of the position, required minimum experience, and education.(g) Compensation and benefit levels for all personnel are comparable to similar occupational groups in the community.(h) A criminal record check and a clearance check of the Alabama Department of Human Resources Central Registry of Child Abuse and Neglect is conducted on all new employees.(i) Written Policy, Procedure, and practice provide that employees who work with juveniles receive a Physical Examination.(j) All employees are appointed initially for a probationary term of at least six months, but no longer than one year.(k) After a probationary period, involuntary termination or demotion is permitted only for a good cause.(l) The Facility maintains a current, accurate, confidential personnel record of each employee.(m) Written Policy, Procedure, and practice provide that employees may challenge information in their personnel file. The information is corrected or removed if proven inaccurate.(n) An annual written performance review of each employee is provided. The review is based on defined criteria, and the results are discussed with the employee.(o) Employees, consultants, and contract personnel who work with juveniles are informed in writing about the Facility's policies on confidentiality of information and agree in writing to abide by them. This agreement is made a part of the personnel file.(4)Section D - TRAINING AND STAFF DEVELOPMENT(a) The Facility provides forty hours of initial orientation for all new employees prior to assuming duties. This orientation/Training includes, at a minimum, the following: a historical perspective of the Facility, Facility emergency plans, Facility goals and objectives, program rules and regulations, job responsibilities, personnel policies, juvenile supervision, report preparation, and medical administration. The employee signs and dates a statement indicating that orientation has been received. Up to twenty hours can be on the job training working with knowledgeable fellow employees.(b) Written Policy, Procedure, and practice provide that the Facility's Training and staff development program uses Community Resources.(c) Written Policy, Procedure, and practice encourage continuing staff development by providing administrative leave and/or reimbursement for attending approved educational programs, professional meetings, seminars, or similar work related activities.(d) All administrative, managerial, and professional staff receives forty hours of Training in addition to orientation Training during their first year of employment and forty hours of Training each year thereafter. It is recommended that this Training include general management, labor law, employee-management relations, the juvenile justice system and relationships with other service agencies.(e) In addition to orientation, all new Juvenile Careworkers receive an additional forty hours of Training during their first year of employment and forty hours of Training each subsequent year. At a minimum this Training should cover the following: 2. supervision of juveniles3. signs of suicide risks and suicide precautions5. use of force regulations/restraint techniques6. juvenile rules and regulations7. rights and responsibilities of juveniles8. fire and emergency procedures11. interpersonal relations12. social/cultural lifestyles of the juvenile population15. communicable diseases16. Counseling techniques(f) All clerical/support employees who have minimal contact with juveniles receive an additional sixteen hours of Training in addition to orientation during their first year of employment and sixteen hours each year thereafter.(g) All volunteers and contract personnel receive formal orientation appropriate to their assignment and additional Training as needed.(5)Section E - JUVENILE RECORDS(a) Written Policy, Procedure, and practice govern case record management, including at a minimum; the establishment, use and content of juvenile records; rights to privacy; secure placement and preservation of records; and schedule for retiring or destroying inactive records. These policies and procedure are reviewed annually.(b) Written Policy, Procedure, and practice provide that a record is maintained for each juvenile and includes at a minimum the following information:2. face sheet detailing vital basic information3. information from referral source, if available5. medical record, when available6. individual service plan7. signed release of information forms, where applicable8. evaluation or progress reports9. Program rules and disciplinary policy, signed by juvenile10. court order placing Youth in Facility, when applicable11. grievance and disciplinary record12. documentation of treatment provided in accomplishing ISP(c) Written Policy, Procedure, and practice provide for the review of juvenile records at least monthly.(d) Written Policy, Procedure, and practice require that entries in juvenile files are dated and that the author is identified.(e) Appropriate safeguards exist to minimize the possibility of theft, loss or destruction of records.(f) Appropriate safeguards exist to protect from unauthorized or improper disclosure of records. Records are marked as confidential and access is limited to appropriate personnel.(6)Section F - RESEARCH(a) Written Policy, Procedure, and practice provide that the administrator reviews and approves all research projects prior to implementation to ensure conformity with state and federal guidelines for legal consent and release of information.(b) The Facility/Agency participates in providing monthly statistical data to the Department of Youth Services and, when appropriate, other state agencies to define the population being served, document the services being provided, and the plan for future needs.(c) Written Policy, Procedure, and practice provide that all research results are made available to the facility administrator for review and comment prior to publication or dissemination.(d) Written Policy, Procedure, and practice govern the voluntary participation of juveniles in non-medical, non-pharmaceutical, and non-cosmetic research programs.(7)Section G - VOLUNTEERS(a) There is a staff member who is responsible for the supervision of a citizen involvement and volunteer service program for the benefit of juveniles.(b) A file shall be established for each volunteer who individually has direct contact on a continuing basis with juveniles in circumstances other than under direct supervision of Agency staff. The files include at least the following: 1. an application for a volunteer position2. information regarding the character and suitability of the person, to include a criminal background check and clearance of the Alabama Department of Human Resources Central Registry of Abuse and Neglect3. documentation that the volunteer has completed an appropriate orientation and Training program prior to beginning their assignment. Both the volunteer and staff member providing the Training certify its provision(c) Written Policy specifies that volunteers may perform professional services only when they are certified or licensed to do so. The certification is made a part of the volunteer's file.(d) Written Policy, Procedure, and practice provide that the Program director may curtail, postpone, or terminate the services of a volunteer or volunteer organization when there are substantial reasons for doing so.(e) Volunteers agree in writing to abide by Facility policies, particularly those relating to the security and confidentiality of information.Ala. Admin. Code r. 950-1-6-.03
New Rule: Filed December 17, 2004; effective January 21, 2005.Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 02, November 30, 2018, eff. 12/21/2018.Author: Alabama Department of Youth Services, Office of Licensing and Standards
Statutory Authority:Code of Ala. 1975, §§ 44-1-27(a)(b); 44-1-24(4)(6), 38-13-4.