La. Admin. Code tit. 22 § I-723

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-723 - Educational and Work Assignment Experience Incentive Program

A. Purpose- to provide youth the opportunity to acquire employability skills, and to develop a good work ethic through work assignments on-campus and off-campus, and to provide pay incentives for accomplishment of specific academic goals; and to integrate restorative justice by assessing a percentage of a youth's incentive compensation in order to make payment toward restitution.

B. Applicability- deputy secretary, undersecretary, assistant secretary, deputy assistant secretaries, deputy undersecretary, facility directors, principals, and all OJJ secure care youth.

C. Policy. It is the deputy secretary's policy that there shall be an Educational and Work Experience Incentive Program to provide educational incentives, job assignment training and work opportunities to youth in secure facilities to facilitate their reintegration into the community as responsible citizens upon release from commitment.

D. Definitions

Education Program Coordinator (EPC) - an educational employee appointed by the Principal who is charged with the responsibility of initial start up, coordination and oversight of the Educational Incentive Program.

Global Positioning System (GPS)-Active - a constellation of orbiting satellites put in place by the US Military, and now used for many tracking services. In the OJJ application of GPS, a youth shall wear a GPS receiving device, most likely an ankle bracelet, which will allow a remotely-located person to monitor the youth's exact location 24 hours a day, 7 days a week.

Off-Campus Work Assignment Program Board of Directors (Work Assignment Program Board) -a board of directors at each facility where youth are participating in the Off-Campus Work Assignment Program, who shall meet twice a month to discuss the progress of youth assigned off campus, and shall meet as necessary to consider requests for new youth off-campus assignments, and who shall make final decisions regarding off-campus youth assignments, except for those youth adjudicated for offenses falling under Children's Code Article 897.1 as noted in Section IX of this policy. The Board shall be comprised of the following members:

a. facility director;

b. principal/assistant principal;

c. work assignment program coordinator (WAPC);

d. vocational education teachers;

e. SSD regional coordinator (if applicable);

f. youth's probation officer;

g. program manager;

h. youth's assigned case manager.

Off-Campus Work Assignment Supervisor -work assignment supervisor responsible for supervising and evaluating youth assigned off-campus.

On-Campus Work Assignment Supervisor -an employee who supervises and evaluates youth assigned to on campus work assignments.

Restitution-Court-Ordered - money that a youth has been ordered to pay by a court.

Restitution-Owed to the Facility - money a youth has been ordered to pay through the disciplinary process to reimburse the facility for financial loss due to his misconduct.

SCR/Contren modules -student competency record as established by a particular trade/Contren Learning Series provides the training curricula in more than 30 trades. Contren modules are groupings of classes vocational students must complete to receive credentials in their trade that are nationally recognized.

Work Assignment Placement Staffing -a staffing held to place, remove or reassign youth in the on-campus work assignment program. Required participants are as follows:

a. work assignment program coordinator (WAPC);

b. on-site work assignment supervisor;

c. program manager;

d. case manager.

Work Assignment Program Coordinator (WAPC) -an employee appointed by the director, after receiving recommendations from the Principal, who shall be supervised by the director/designee, and who is charged with the responsibility of initial start up, coordination and oversight of the Work Assignment Incentive Program.

Youth Portfolio - the portfolio is used as a purposeful collection of student work assignment that exhibits the student's efforts, progress and achievements in one or more areas.

E. Educational Incentive Program. The Educational Incentive Program encourages youth to accomplish certain educational goals through participation in the Directors' Club, which offers recognition, participation in special activities and rewards.

1. Eligibility:

a. youth enrolled in the GED program;

b. youth earning Carnegie units;

c. youth enrolled in vocational programs;

d. youth enrolled in an educational/training program leading to college course work; or

e. youth earning a certificate of achievement.

2. Enrollment. Enrollment applications for the Educational Incentive Program [Attachment B.7.2(a)] shall be made available to youth in all living areas and schools. Completed applications are to be turned into the EPC, who shall verify the youth's eligibility to enroll. Upon verification the youth shall be entered into the program.

3. Youth Progress. Youth progress, including accomplishments and verification of accomplishments, shall be monitored and reported by the EPC on the Educational Incentive Program Tracking Form [Attachment B.7.2 (b)] to the principal.

4. Verification of Education Goals. Youth enrolled in eligible educational programs who meet the goals outlined below will be entitled to participate in the Director's Club once written verification/certification is received. Verification of a youth's accomplishments must accompany the Educational Incentive Program Tracking Form and be maintained in the youth's portfolio. Required verifications/certifications are as follows.

a. For youth enrolled in the GED program or earning Carnegie units, passing the GED test or earning a high school diploma.

b. For youth enrolled in vocational programs, completion of programs/ certifications such as: completion of major components of the Student Competency Record (SCR) as established by the respective trade, completion of contren modules, or attainment of other nationally recognized certifications. Other achievements may be recognized at the discretion of the facility director.

5. Director's Club Activities. With the approval of the director, the EPC shall develop and implement programs which recognize youth for accomplishment of educational goals. Special activities such as off campus trips to colleges or trade schools should be provided when possible. Contingent upon resources, small gifts or monetary rewards may also be available.

6. Program Availability. Not all programs and opportunities are available at all facilities due to restrictions imposed by funding, grants, physical plant, and community participation. The Directors' Club activities and rewards are based on the availability of resources.

F. On-Campus Work Assignment Incentive Program. The On-Campus Work Assignment Incentive Program provides youth with the opportunity to acquire marketable skills, necessary work habits and work experience. Incentive payments will be made based on available resources. All OJJ secure care youth, who have received their GED, high school diploma, or certificate of achievement, are eligible for this program, subject to the screening and placement requirements in Section C.

1. Hours and Incentive

a. Louisiana law provides that youth under the age of 16 may be permitted to work hours per day or no more than 40 hours per week after school hours and during non-school days.

b. Louisiana law provides that youth 16 years of age and older may work any number of hours per day and per week.

c. Incentive to youth may be in the form of wages, learning a skill or gaining work experience.

d. Beginning incentive shall be five cents per hour, and through merit raises, may increase to a maximum of ten cents per hour. Merit raises of one cent per hour may be awarded upon the recommendation of the work assignment supervisor, with the approval of the work assignment program coordinator (WAPC) and director. Payment of incentives and merit raises are contingent upon available resources. If compensation is through the payment of incentives, hourly payments shall range from five to ten cents per hour.

e. Incentives paid shall be deposited in accordance with the procedures established in YS Policy No. B.9.3 "Youth Banking".

2. Job Assignment Announcements and Applications

a. Job assignment announcements shall be developed by potential work assignment supervisors and the WAPC. All Job Assignment Announcements shall be approved by the facility director prior to posting.

b. Job assignment announcements and the Work Experience Incentive Program Application forms shall be posted in all living areas and schools.

3. Application Review and Placement

a. The WAPC shall conduct an initial review of a youth's application to participate in the On Campus Work Assignment Incentive Program, and shall provide copies of the youth's application to the persons attending the Work Assignment Placement Staffing. The copies shall be distributed prior to the staffing to facilitate review of the application.

b. A Work Assignment Placement Staffing shall be held to discuss and reach a consensus concerning the youth's placement in the On Campus Work Assignment Program. The youth shall be in attendance at this staffing.

c. The outcome of the staffing shall be forwarded to the director for final approval.

4. Medical Clearance. All youth must receive medical clearance prior to beginning work assignments. Medical clearance is defined as "the clinician has found the youth to be physically fit, emotionally stable, and the work assignment does not interrupt the youth's prescribed daily medication schedule". The medical clearance shall be documented in the youth's medical record and a copy sent to the WAPC for filing with the youth's application, utilizing the Medical Clearance Form.

5. Youth's Notification

a. A completed Youth Notification Form confirming a youth's placement in a particular job assignment, following medical clearance, shall be sent to the youth, the work assignment supervisor, the youth's assigned counselor, the dorm leader assigned to the youth's living area, and the youth's portfolio within five working days.

b. A completed Youth Notification Form shall also be sent to those youth who timely applied and were not selected to participate within five days.

6. Work Assignment Program Agreement. An orientation, conducted by the work assignment supervisor, shall be held on the youth's first day of work. A Work Assignment Program Agreement form shall be signed by the youth and work assignment supervisor. The original document shall be maintained by the WAPC, with a copy placed in the youth's portfolio.

7. Weekly Performance Evaluation and Incentive Schedule

a. The work assignment supervisor shall complete a Weekly Performance Evaluation form, documenting how the youth has functioned in his job assignment, along with a Youth Work Assignment Incentive Schedule form and forward these documents to the WAPC on a weekly basis. The work assignment program coordinator shall forward the Youth Incentive Schedule to the facility business office for calculation and processing of the youth's incentive payment. Payments to the youth shall be made from the Youth Welfare Fund in accordance with the guidelines outlined in YS Policy No. B.9.3 "Youth Banking".

b. Copies of all evaluation forms, hours worked, and any other documentation related to performance and pay shall be maintained by both the work assignment supervisor and the WPC, with copies placed in the youth's portfolio.

c. A poor performance evaluation as documented on the work assignment supervisor's Weekly Performance Evaluation Form shall result in a documented conference between the WAPC, the work assignment supervisor, the youth, and the youth's assigned case manager. Youth may be subject to removal from the assigned program or reassignment if the behavior does not improve by the next weekly evaluation report.

8. Removal from Job

a. A work assignment supervisor, the WAPC, the youth's case manager or the group leader assigned to the youth's living area may request removal of a youth from a job assignment by completing a Work Assignment Removal Request and submitting it to the WAPC. The request shall be heard within two working days of receipt of the Work Assignment Removal Request at a Work Assignment Placement Staffing, which the youth shall attend. If a youth is removed from a job assignment as a result of a staffing or due to poor performance evaluations, a new job assignment shall not occur again for a minimum of 14 days. If the reason for removal was based on a Major Violation Report or a serious incident, the youth shall not be eligible for job reassignment for 90 days.

b. A youth may request the WPC remove him from a current job assignment and/or consider him for another job reassignment by completion of a new Youth Work Assignment Application form.

9. Life Skills Instruction. Instruction and discussion/activities about life skills shall be incorporated into the LaMod process.

G. Off-Campus Work Assignment Incentive Program. The Off-Campus Work Assignment Incentive Program provides work assignment training opportunities with public or private entities and businesses for youth who have obtained a GED or received a high school diploma, with the goal of acquiring necessary work habits, development of marketable skills, work experience and pay incentives.

1. Eligibility:

a. youth who have obtained a GED or high school diploma;

b. written permission has been obtained from a parent/guardian for youth under the age of 18;

c. youth who have demonstrated a willingness and ability to work at locations off of the facility grounds without posing a safety risk to individuals and/or the community, and who are otherwise qualified;

d. youth who are not under investigation for or have a detainer pending legal charges;

e. youth who are not deemed to be a high risk for runaway or escape and/or engaging in additional criminal conduct.

2. Hours and Compensation

a. Louisiana law provides that youth under the age of 16 may be permitted to work eight hours per day or no more than 40 hours per week after school hours and during non-school days.

b. Louisiana Law provides that youth 16 years of age and older may work any number of hours per day and per week.

c. Incentive to youth may be in the form of wages paid by the employer, learning a marketable skill or gaining work experience.

d. Incentive paid shall be deposited in accordance with the procedures established in YS Policy No. B.9.3 "Youth Banking".

e. Incentive wage statements reflecting earnings and available funds shall be provided to the youth following each transaction, detailing balances for drawing accounts, savings accounts and restitution payments.

3. Work Assignment Prohibitions (R.S. 23:161)

a. Louisiana law prohibits minors from being employed in the following occupations:

i. hazardous operations or more than 12 feet above the ground or floor;

ii. with certain dangerous power-driven machinery, punch presses, milling machines, circular saws, radial saws, etc.;

iii. any job or site that is hazardous or injurious to life, health, safety or welfare.

b. Employer must comply with the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) Standards.

4. Job Announcements and Applications. The WAPC shall locate suitable job openings through contacts, web searches, and other means as appropriate. Job announcements, applications, and eligibility requirements for off-campus job assignments shall be posted in all living areas and schools.

5. Application Screening and Placement

a. The WAPC shall conduct an initial screening for appropriateness of a youth's participation in the Off-Campus Work Assignment Incentive Program by completing the Screening/Approval Request. Factors such as age, completion of educational requirements, interest, degree of motivation, information gained from youth's assigned case manager and the dorm leader assigned to the youth's living area, as well as adjudication information, shall be documented. The WAPC shall forward each youth's application with his screening report to the members of the Work Assignment Program Board for their review prior to the next scheduled meeting.

b. The Work Assignment Program Board shall meet as needed to make recommendations concerning job placement for youth. The board discussions shall include topics addressed during staffings for furloughs/early release such as the following:

i. is youth on minimum or medium custody level at first quarterly staffing and has a low or moderate offense on the Severity of Offense Scale;

ii. is youth on minimum or medium custody level at the second quarterly staffing if offense is a high or highest offense on the Severity of Offense Scale;

iii. has youth made progress on identified treatment needs;

iv. has youth received a violation report for, and been found guilty of, a Major Code of Conduct Violation within the last 90 days for:

(a). assault or threats of assault (youth/youth);

(b). assault or threats of assault (youth/staff);

(c). contraband (only a positive drug screen or weapon);

(d). escape;

(e). threats and intimidation; or

(f). gang/gang-like organization/activity.

c. The Work Assignment Program Board shall forward its recommendation to the deputy secretary/designee who shall make the final decision for OJJ regarding job placement except for those youth adjudicated for an offense under Children's Code Article 897.1 (see section 1) or for a sex offense for which the youth is required to register (see section 10).

d. The WPC shall schedule an interview with prospective employers and prospective youth to discuss work prohibitions, work assignments, evaluation processes, progressive discipline procedures and security procedures.

6. Medical Clearance. Youth must have medical clearance prior to beginning a work assignment. Medical clearance is defined as "the clinician has found the youth to be physically fit, emotionally stable, and the work assignment does not interrupt the youth's prescribed daily medication schedule". Medical clearance shall be documented in the youth's medical record and a copy sent to the WAPC for filing with the youth's application, utilizing the Medical Clearance Form.

7. Youth's Notification

a. A completed Youth Notification Form confirming a youth's placement in a particular job assignment, following medical clearance, shall be sent to the youth, the parent/guardian, the work assignment supervisor, the youth's assigned counselor, the dorm leader assigned to the youth's living area, and the youth's portfolio within five working days.

b. A completed Youth Notification Form shall also be sent within five days to those youth who timely applied and were not selected to participate.

8. Work Assignment Program Agreement. A youth orientation shall be conducted, while the WAPC is on-site, by the work assignment supervisor on the youth's first day of work. The Work Assignment Program Agreement form shall be completed following the orientation by the youth, the work assignment supervisor and WAPC. The original agreement shall be maintained by the WAPC, with a copy placed in the youth's portfolio.

9. Weekly Performance Evaluation and Incentive Schedule

a. The work assignment supervisor shall complete a Weekly Performance Evaluation Form, documenting how a youth has functioned in his job assignment, along with a Youth Work Incentive Schedule form and forward these documents to the WAPC on a weekly basis. The WAPC shall forward the Youth Incentive Schedule to the facility business office for calculation and processing of the youth's incentive payment if applicable. Payments to the youth's account shall be made in accordance with the guidelines outlined in YS Policy No. B.9.3 "Youth Banking".

b. Copies of all evaluation forms, payroll work assignment hours, and any other documentation related to performance and incentive pay shall be maintained by both the work assignment supervisor and the WAPC, with copies placed in the youth's portfolio.

c. A poor performance evaluation as documented on the work assignment supervisor's Weekly Performance Evaluation form shall result in a documented conference between the WAPC, the work assignment supervisor, the youth, and the youth's assigned case manager. Youth may be subject to removal from the program or reassignment to an on-campus work assignment if the behavior does not improve by the next weekly evaluation report.

10. Removal from Job

a. A work assignment supervisor, the WAPC, the youth's case manager or the dorm leader assigned to the youth's living area may request removal of a youth from a job assignment by completing a Work-Assignment Removal Request. This request is to be submitted to the WAPC. The request shall be heard at a meeting of the Board, which the youth shall attend, within two working days of receipt of the Work-Assignment Removal Request. If a youth is removed from a job assignment as a result of a staffing or due to poor performance evaluations, a new job assignment shall not occur again for a minimum of 14 days. If the reason for removal was based on a Major Violation Report or a serious incident, the youth shall not be eligible for job reassignment for 90 days.

b. A youth may request the WAPC remove him from a current job assignment and/or consider him for another job assignment by completion of a new Youth Work Application Form.

11. Life Skills Education. Instruction and discussion/activities about life skills shall be incorporated into the LaMod process.

12. Risk Management Procedures

a. Youth shall be fitted with an active Global Position System (GPS) for tracking and monitoring purposes.

b. Youth shall report to the WAPC at the beginning and end of each work day for placement and removal of the GPS tracking system on their person.

c. The WAPC shall be responsible for monitoring of the GPS tracking system for each youth on a daily basis and maintaining all reports.

d. A weekly GPS tracking report for each applicable youth shall be compiled and forwarded to the director for review.

e. Facility search procedures for youth shall be completed on a daily basis for all participating youth in accordance with YS Policy No. C.2.3.

f. Facility staff shall transport youth back and forth to their job assignment each day.

g. Any security problems noted for steps a f above shall immediately be brought to the attention of the director.

H. Off-Campus Work Assignment Incentive Program for Youth Adjudicated Under Children's Code Article 897.1. All steps in Subsection G of this Section must be adhered to for those youth adjudicated under Children's Code Article 897.1 seeking placement in an off-campus work incentive program. Youth adjudicated for Aggravated Rape who are required to register as a Sex Offender, must also comply with Subsection I below. Additionally, the youth's application must go through the following steps.

1. Approval from both the Off-Campus Work Assignment Program Board of Directors, as well as the deputy secretary/designee must be granted utilizing the Screening/Approval Request form.

2. Following approval of the deputy secretary/designee, a Notice to the Court and district attorney of the Work Assignment Incentive Program Furlough utilizing the "Off-Campus Work Assignment Incentive Program Screening/Approval Request", shall be sent to the judge sentencing the youth for the Ch.C. Art. 897.1 offense, and also include a progress report containing the following:

a. educational/vocational information;

b. amount/percentage of time served for adjudicated commitment;

c. current custody level;

d. treatment progress;

e. parental/guardian involvement or contact attempts in youth's treatment.

3. The judge and district attorney must approve the work furlough for the youth to leave the grounds. If the district attorney objects, the OJJ attorney shall request that a contradictory hearing be set in the matter.

I. Off-Campus Work Assignment Incentive Program for Youth Adjudicated Delinquent for a Sex Offense for Which the Youth Is Required To Register. All steps in Subsection G of this Section must be adhered to for those youth seeking placement in an off-campus work assignment incentive program who have been adjudicated delinquent for a sex offense for which the youth is required to register. Additionally, the youth's application must go through the following steps to be approved.

1. Approval from both the Off-Campus Work Assignment Program Board, as well as the deputy secretary/designee must be granted utilizing the "Off-Campus Work Assignment Incentive Program Screening/Approval Request".

2. Following approval by the deputy secretary/designee, the Central Office Furlough Coordinator shall notify the Louisiana Bureau of Criminal Identification and Information (Bureau) of the work furlough by completing and faxing the "Notification of Granting of Off-Campus Work Assignment Incentive Program Furlough", to the bureau 48 hours prior to the youth reporting to the off-campus work assignment. The notification and proof of its transmission shall be maintained by the Central Office Furlough Coordinator with copies forwarded to the WAPC and the director.

J. Drug Screening. Periodic drug screens shall be conducted in accordance with Youth Services Policy C.2.7 or at the discretion of the director.

K. Restitution. Incentive payments made to a youth are subject to the payment of restitution assessed through the disciplinary process in accordance with Youth Services Policy B.5.2 and/or by order of the court for restitution.

L. Program Report. An annual report shall be prepared by both the education program coordinator and the work assignment program coordinator and submitted to the deputy secretary/designee. The report shall include the number of youth who have participated in the program, the number of job assignments, job assignment duration, educational and work assignment incentive amounts paid, and restitution payment amounts.

La. Admin. Code tit. 22, § I-723

Promulgated by the Department of Public Safety and Corrections, Division of Youth Services, Office of Juvenile Justice, LR 36:1784 (August 2010).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:905, and 36:405.