N.J. Admin. Code § 13:92-5.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:92-5.3 - Intake and admission procedures

(a) When it becomes necessary to place a juvenile in detention the following intake and admission procedures shall be adhered to:

1. In accordance with R. 5:21-2(b) of the Rules Governing the Courts of the State of New Jersey, "At any time between the filing of the complaint and the disposition, the judge may order the release of the juvenile from detention ... and fix the terms of such release pursuant to 2A:4A-34(d)."

i. The detention facility shall maintain a written record of the efforts made to contact an appropriate adult custodian.

ii. Each detention facility shall have staff trained and authorized to make such contacts with appropriate adult custodians and effectuate release of juveniles to such persons on a 24-hour per day basis.

2. Upon admission, the detention staff (preferably a member of the social work staff) shall obtain from the juvenile, the law enforcement officers and the parents (if possible), pertinent factual and identifying information as outlined in 13:92-6.1, Intake information.

3. Immediately after being admitted to the detention facility, the juvenile shall be allowed to telephone his or her parents, guardian, or custodian, and an attorney.

4. Upon admission, the juvenile shall be permitted to be visited in private by an attorney and receive a parental/guardian visit under supervision.

5. Upon admission, juveniles shall be informed of rules and regulations of the facility, mail and visiting policies and procedures, fire exits and procedures, the behavior management system, the detention program and the juvenile's responsibilities, and grievance and disciplinary procedures. A written copy of this information shall be provided to all juveniles, and shall be provided in Spanish when the juvenile indicates a preference for the information in Spanish. The procedures shall also be prominently posted in the facility in English and in Spanish.

i. In the event that a juvenile is admitted and is unable to communicate in either English or Spanish, the information in (a)5 above shall be provided in the juvenile's primary language.

6. The orientation of the juvenile to the rules and regulations of the detention facility shall be performed in a designated place in the facility which affords privacy. Both the place and the orientation itself shall be non-threatening and conducive to reducing any fear or apprehension about being placed in the facility.

7. All personal property and effects taken from the juvenile upon admission shall be recorded and stored and a receipt issued to the juvenile. The detention facility is responsible for these items until they are returned to the juvenile.

8. Following admission, each juvenile shall be given a hot shower with soap, clean clothing, and necessary toiletry articles. The juvenile's own clothing shall be laundered and stored, ready for his or her court appearance or release, or issued to the juvenile in accordance with facility policy.

9. If a physician is not present at the time of the admission shower, the nurse, a medication assistance staff worker or the senior staff worker on duty shall examine the juvenile's body for lice, bruises or abrasions, unusual marks and symptoms of any communicable diseases. A body chart shall be completed documenting the results of this examination. The juvenile shall also be screened for the risk of suicide. This screening shall be in accordance with the facility's written procedures governing suicide screening, prevention, and intervention. The screening shall include, but need not be limited to, the use of a standardized suicide risk questionnaire identified by and available from the Juvenile Justice Commission. No person shall administer the suicide risk questionnaire unless that person has been certified by the Commission as having successfully completed Commission training in administering the suicide risk questionnaire and qualified to perform such screening. The findings shall be recorded and brought to the attention of the appropriate medical or mental health staff, as soon as possible.

i. In situations where a juvenile shows evidence of lacerations, bruises, or abrasions and/or alleges abuse or neglect by a parent, guardian, or relative, a staff member shall immediately contact the State Central Registry of the Department of Children and Families, 1-877-652-2873, in accordance with N.J.S.A. 9:6-8.10.

ii. In situations where a juvenile shows evidence of or alleges abuse by law enforcement officials, the county prosecutor's office shall be notified.

iii. In situations where a juvenile shows evidence of suicide risk, the facility's written procedures governing suicide intervention shall be implemented immediately. These procedures shall include an increased level of supervision of the juvenile until the appropriate mental health services can be obtained.

10. Each juvenile placed in detention shall also receive a health assessment and screening by a registered nurse or licensed practical nurse within 24 hours following admission, noting symptoms of any communicable disease, lice, bruises or abrasions, unusual marks and general medical condition. The facility's medical and social service staff shall attempt to secure from appropriate sources, information regarding any medical care, treatment or medication prescribed prior to placement.

11. Each juvenile shall also receive a medical examination performed by either a physician licensed to practice medicine in the State of New Jersey, a licensed physician assistant or an advanced practice nurse within 72 hours following admission. Internal vaginal and rectal examinations shall not be routinely included as part of the medical examination for admission.

12. Upon admission, any juvenile who shows signs of a contagious disease shall be isolated until examined by a registered nurse or physician.

i. Routine room restriction pending a medical examination, for observational purposes, or because of the unavailability of appropriate staff to conduct an examination, is psychologically and medically unsound and shall not be practiced.

13. A Mantoux tuberculin skin test shall be administered to all juveniles who have been in the facility at least three days, unless the facility had administered a Mantoux tuberculin skin test within the previous six months. Such screening shall be completed within seven days of admission.

i. The facility's physician shall follow the reporting requirements concerning communicable diseases set forth at N.J.A.C. 8:57 for any juvenile diagnosed with active tuberculosis disease or clinically suspected active tuberculosis.

ii. Additional medical and/or laboratory tests as required by the facility's physician or as a result of the medical examination, shall be provided.

14. Twenty-four to 48 hours following admission, a social service worker or designee shall administer the Massachusetts Youth Screening Instrument - 2 (MAYSI-2) to each juvenile placed in detention. No person shall administer the MAYSI-2 unless that person has been certified by the Commission as having successfully completed Commission training in MAYSI-2 screening and qualified perform such screening. The MAYSI-2 shall be used to identify juveniles who may have special mental health needs. If a juvenile scores in a range indicating a caution or warning, the social service worker or designee shall initiate follow-up questions and actions appropriate to the caution or warning areas.

i. If the social service worker determines to refer the juvenile for additional interventions, such as a more comprehensive mental health assessment and/or additional mental health services like those provided through the New Jersey Department of Human Services, this shall be done as soon as possible.

ii. The juvenile shall be placed on and remain under increased supervision by staff until it is determined by a mental health clinician, for example, a social worker, psychologist or psychiatrist, that the heightened level of supervision is no longer needed to ensure the safety of the juvenile or others.

iii. The results of the MAYSI-2 shall be maintained in a secure area under the control of the social service staff.

iv. Except as otherwise required by law, any statement made by a juvenile in the course of a suicide or mental health screening, conducted with or without the juvenile's consent, or reports or records produced pursuant to such suicide or mental health screening, shall not be:

(1) Disclosed, except by an attorney representing the juvenile and with the juvenile's consent, to the court, prosecutor or any law enforcement officer; or

(2) Used in any investigation, delinquency or criminal proceeding involving the juvenile that is currently pending or subsequently initiated.

15. The facility administrator, or his or her designee, shall be notified immediately whenever a juvenile is suspected of being at risk of attempting suicide, in emotional distress, has made a suicidal gesture or attempt or scores in a suicide caution or warning range on the MAYSI-2.

16. The facility administrator, or his or her designee, shall ensure that the facility's written procedures governing suicide intervention are implemented in the event that a juvenile attempts suicide or makes a suicidal gesture.

17. The facility administrator, or his or her designee, shall immediately inform staff members responsible for providing direct supervision of juveniles whenever a newly admitted juvenile is suspected of being at risk of attempting suicide or is in emotional distress.

18. No juvenile shall be placed on room restriction before undergoing a suicide risk questionnaire and mental health screening required under (a)9 and 14 above. However, if a juvenile's behavior warrants separation from the general population prior to receiving the required screenings, the juvenile shall be placed on, and remain under, increased supervision by staff until he or she receives all required screenings.

N.J. Admin. Code § 13:92-5.3

Amended by 50 N.J.R. 2241(a), effective 11/5/2018