Rule: 20.9.610 Prev     Up     Next    
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Subchapter: Licensure of Youth Detention Facilities
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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(1) Each facility shall be purchased, leased, or otherwise provided for by one or more counties.

(a) The facility shall ensure that the county commissioners provide for inspection of the facility annually. Inspection must include but is not limited to health, fire safety, security, rehabilitation programs, recreation, treatment of youth and personnel training.

(2) The facility must not be used for the confinement of youth in need of care, persons who have attained the age of 18, or youth who have been criminally adjudicated. If a youth turns 18 years of age while in the facility, the youth may no longer be held in the youth detention facility. The facility will be allowed 24 hours to move the youth.

(3) The facility must have written policies and procedures which describe the purpose, programs and services offered by the facility. Such written policies and procedures must include:

(a) admissions, including the requirement that the facility only admit youth considered appropriate as defined in such policy;

(b) medical care;

(c) emergencies;

(d) discipline;

(e) recreation;

(f) food;

(g) clothing;

(h) visiting;

(i) transportation;

(j) mail;

(k) religious services;

(l) grievances;

(m) discharge;

(n) access by media;

(o) fiscal management;

(p) an organizational chart; and

(q) personnel consistent with these rules.

(4) The facility must have written personnel policies and procedures which govern:

(a) job qualifications, descriptions and responsibilities;

(b) employee grievance procedure;

(c) employee evaluations;

(d) record keeping;

(e) leave;

(f) work hours;

(g) salary;

(h) disciplinary procedures;

(i) staff training;

(j) equal opportunity employment provisions;

(k) retirement; and

(l) resignation and termination.

(5) All policies and procedures must be explained to each new staff person prior to the person having direct contact with youth in the facility. A copy of all policies and procedures must be made available to each employee at the time of employment and be continually available thereafter. The policies and procedures must be developed in consultation with employees, and may include other persons deemed relevant by the facility director.

(6) The facility shall maintain a current and accurate record for each employee. The record must include:

(a) qualifications;

(b) background investigation report;

(c) references, dates and terms of employment;

(d) orientation and training record; and

(e) written disciplinary actions which involve abuse, neglect, safety, security or constitutional issues.

(7) The facility shall investigate the personal and employment references of each staff prior to hiring.

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.


MAR Notices Effective From Effective To History Notes
12/23/2005 Current 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.
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