La. Admin. Code tit. 67 § V-7509

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

Section V-7509 - [Effective 1/20/2025] Administration

A. Governing Body

1. The provider shall have an identifiable governing body with responsibility and authority over the policies, procedures, and activities of the facility.

2. The provider shall have documents identifying:

a. all members of the governing body;

b. business address;

c. the term of their membership, if applicable;

d. officers of the governing body, if applicable;

e. the terms of office of all officers, if applicable; and

f. officer responsibilities.

3. When the governing body is composed of more than one person, there shall be recorded minutes of all formal meetings and bylaws specifying frequency of meetings and quorum requirements.

B. Accessibility of Administrator

1. There shall be a single administrator, or designee, on site with authority and responsibility for the daily implementation and supervision of the facility's overall operation.

2. The administrator, or designee, shall be accessible to DCFS 24 hours per day, seven days per week.

C. Statement of Philosophy and Goals

1. The provider shall have a written statement describing its philosophy and goals.

D. Policies and Procedures

1. The provider shall have written policies and procedures approved by the administrator and/or governing body that address, at a minimum, the following:

a. detecting and reporting suspected abuse and neglect;

b. intake, to include classification procedures and release;

c. behavior support and intervention program;

d. youth grievance process;

e. retention of youth files;

f. emergency and safety procedures including medical emergencies;

g. staff intervention/restraints;

h. room isolation;

i. room confinement/due process;

j. incidents;

k. health care (dental, mental, and medical);

l. youth rights;

m. infection control to include blood borne pathogens;

n. confidentiality;

o. training;

p. environmental issues;

q. physical plant;

r. access issues;

s. safety;

t. security;

u. suicide prevention and emergency procedures in case of suicide attempt; and

v. sexual misconduct including but not limited to the following:

i. right to be free from sexual misconduct and from retaliation for reporting sexual misconduct;

ii. dynamics of sexual misconduct in confinement;

iii. common reactions of sexual misconduct victims; and

iv. policy for prevention and response to sexual misconduct.

2. The policies and procedures for operating and maintaining the facility shall be specified in a manual that is accessible to all staff and the public. The policies and procedures listed in Section 7509. D.1 above shall be reviewed at least annually, updated as needed, signed, and dated by the administrator or a representative of the governing body.

3. New or revised policies and procedures shall be disseminated to designated staff, volunteers, and to the youth, as applicable.

E. Facility Rules and Regulations

1. The rules and regulations shall be written in simple, clear, and concise language that most youth can understand and be specific to ensure that the youth know what is expected of them.

2. A staff member shall read the rules and regulations or provide a video presentation of these rules to each youth at the time of admission or within 24 hours after admission, and provide the youth a written copy.

3. Reasonable accommodations shall be made for those youth with limited English proficiency or disabilities.

4. A copy of the rules and regulations shall be posted in each of the common areas and in the living units.

5. Enforcement

a. Rule violations and corresponding staff actions shall be recorded in the youth's file.

b. Disciplinary sanctions shall be objectively administered and proportionate to the gravity of the rule and the severity of the violation.

c. If a youth is alleged to have committed a crime while in the facility, at the discretion of the administrator, the case may be referred to a law enforcement agency for possible investigation and/or prosecution.

d. If a case is referred to a law enforcement agency for possible investigation and/or prosecution, efforts shall be made as soon as possible to notify or attempt to notify the parent/guardian, and the attorney of record of the incident and referral.

F. Other Jurisdictional Approvals. The provider shall comply and show proof of compliance with all relevant standards, regulations, and requirements established by federal, state, local, and municipal regulatory bodies including annual approval by the following:

1. Office of Public Health, Sanitarian Services;

2. Office of the State Fire Marshal;

3. city fire department, if applicable; and

4. Department of Education, if applicable.

La. Admin. Code tit. 67, § V-7509

Promulgated by the Department of Children and Family Services, Division of Programs, Licensing Section, LR 38:1564 (July 2012), amended LR 39:1007 (April 2013), effective July 1, 2013, Amended by the Department of Public Safety and Corrections, Office of Juvenile Justice, LR 50, exp. 1/20/2025 (Emergency).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:1110.