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20.9.620    RIGHTS OF YOUTH

(1) The facility shall implement the following policies and procedures governing the rights of youth which must be in accordance with ACA standards, and must include:

(a) the facility's written grievance procedure for youth and the youth's right to make requests or complaints to the facility's administration without censorship;

(b) a provision that youth have the right to determine the length and style of their hair, including facial hair except when a valid security interest justifies otherwise; and

(c) a provision that a youth has the right to be separated from the general population insofar as space and staffing patterns permit.

(2) A notice containing facility rules and youth's rights must be accessible to all youth.

(3) The facility may require a detained youth to perform housekeeping functions such as necessary housekeeping in the youth's own room and assisting with general housekeeping duties in the living unit except that:

(a) youth may not have primary responsibility for any phase of operation such as cooking, laundry, housekeeping, or maintenance work which is the duty of regular staff;

(b) assignments must be made in relation to the age and abilities of the youth;

(c) the work may not have as its primary purpose monetary benefit to the facility;

(d) work assignments may not include areas to which youth do not have regular access;

(e) staff are responsible for the safety of youth while they are near equipment and machinery; and

(f) youth may not perform any work prohibited by state and federal regulations and statutes pertaining to child labor.

(4) No facility may discriminate against any youth based on race, religion, national origin, gender, handicap, political belief, or sexual orientation.

(5) Youth will be offered at least one hour of large muscle exercise during each 24-hour period.

History: 41-5-1802, MCA; IMP, 41-5-1802, MCA; NEW, 1999 MAR p. 121, Eff. 1/15/99; AMD, 2005 MAR p. 2665, Eff. 12/23/05; AMD, 2011 MAR p. 570, Eff. 4/15/11.

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