Arkansas Administrative Code

9 CAR § 100-202. Physical plant — Facility size and design. (a) The Division of Youth Services and its facility size and design shall meet the needs for effective programming, safety, and quality of life. (b)(1) Facility design shall: (A) Encourage staff and client interaction; a…

9 CAR § 100-203. Physical plant — Rated capacity. (a)(1) The number of youth shall not exceed the facility's rated bed capacity. (2) Rated bed capacity is the original design, plus or minus capacity changes resulting from building additions, reductions, or revisions. (b) For new …

9 CAR § 100-204. Physical plant — Sleeping area. (a) Each sleeping room shall have, at a minimum, the following: (1) Some degree of privacy for the youth; (2) Square footage of unencumbered space per occupant; (3) Sleeping area partitions if more than four (4) people are in one (…

9 CAR § 100-205. Physical plant — Dayrooms. Living rooms or recreation rooms with space for varied activities shall be available.

9 CAR § 100-206. Physical plant — Furnishings. Youth shall be permitted to decorate their living and sleeping quarters with personal possessions within designated areas.

9 CAR § 100-207. Physical plant — Toilets. (a) The facility shall have at least one (1) operable toilet for every eight (8) youths. (b) Urinals may be substituted for up to one-half (1/2) of the toilets in all-male facilities.

9 CAR § 100-208. Physical plant — Showers. (a) The facility shall have at least one (1) operable shower or bathing facility with hot and cold running water for every eight (8) youths. (b) Water temperatures shall be thermostatically controlled.

9 CAR § 100-209. Physical plant — Laundry. The facility shall have at least one (1) operable washer and one (1) operable dryer for every sixteen (16) youths, or an equivalent laundry capacity.

9 CAR § 100-210. Physical plant — Heating and cooling. (a) Temperatures in indoor living and work areas shall be appropriate to summer and winter comfort zones. (b) Temperature and humidity shall be capable of being mechanically raised or lowered to an acceptable comfort level in…

9 CAR § 100-211. Physical plant — Accessibility for disabled youths. The facility shall maintain strict adherence to local health codes requiring proper lighting and ventilation.

9 CAR § 100-212. Physical plant — Accessibility to disabled persons. (a) All services of the facility that are accessible to the public shall be accessible to and usable by disabled staff and visitors in accordance with the Americans with Disabilities Act of 1990, 42 U.S.C. § 121…

9 CAR § 100-213. Physical plant — Juvenile safety. (a) The facility shall be controlled by appropriate means to: (1) Provide that youths remain safe within the facility; and (2) Prevent access by the general public without proper authorization. (b) The means chosen to ensure cont…

9 CAR § 100-214. Building and safety codes — Policy. (a) The Division of Youth Services and its facility contractors shall maintain compliance with professional zoning, building, and fire safety codes to ensure the safety of all persons within the facility. (b)(1) A residential f…

9 CAR § 100-215. Building and safety codes — Zoning ordinances. The facility shall conform to all applicable zoning ordinances or, through legal means, is attempting to comply with or change such laws, codes, or zoning ordinances.

9 CAR § 100-216. Building and safety codes — Fire safety codes. Exits in the facility shall be in compliance with state or local fire authorities or the authority having jurisdiction of the facility.

9 CAR § 100-301. Use of force — Definitions. As used in this section and 9 CAR §§ 100-301 – 308: (1) “Nonphysical intervention” means skills or strategies that promote a culture of gentleness and teach staff to help an individual calm before a situation escalates; (2)(A) “Physica…

9 CAR § 100-302. Use of force — Policy. (a)(1) An employee shall: (A) Attempt to verbally de-escalate a youth prior to engaging in the use of physical intervention; and (B)(i) Use physical intervention only when necessary to control the escalated behavior in order to provide a sa…

9 CAR § 100-303. Use of force — Physical intervention. (a) Trained staff overseeing the health and safety of youth may resort to using physical intervention only when absolutely necessary to maintain order and safety. (b) The use of physical intervention by trained employees is j…

9 CAR § 100-304. Use of force — Prohibited restraint techniques. Prohibited restraint techniques include the following: (1) Restricting respiration in any way, such as applying a chokehold or pressure to a youth’s back or chest or placing a youth in a position that is capable of …

9 CAR § 100-305. Use of force — Requirements for use of mechanical restraints. (a) Only restraint equipment approved by the Director of the Division of Youth Services or his or her designee may be used in division facilities. (b) All restraint equipment shall be used in a manner …

9 CAR § 100-306. Use of force — Mechanical restraint use for transportation. (a) Mechanical ankle and wrist restraints shall be used during transportation when a youth is being transported outside any Division of Youth Services facility. (b) Mechanical ankle and wrist restraints …

9 CAR § 100-307. Use of force — Restrictions on mechanical restraints during or after childbirth. (a) Unless determined medically necessary by the attending physician, Division of Youth Services staff shall not use mechanical restraints to control the movement of a youth: (1) Who…

9 CAR § 100-308. Use of force — Reporting physical intervention and use of force. (a) The utilization of physical intervention with the use of force and all use of mechanical restraints and confinement for control shall be fully documented and reported via the electronic system. …

9 CAR § 100-309. Isolation — Definitions. As used in this section and 9 CAR § 100-310: (1)(A) “Isolation” means the involuntary confinement of a youth in a locked room with authorization and staff supervision. (B) If the door is not locked, the confinement is not considered to be…

9 CAR § 100-310. Isolation — Policy. (a) The Division of Youth Services allows for temporary involuntary isolation of a youth when less restrictive interventions have failed and the youth: (1) Exhibits seriously disruptive behavior; or (2) Poses an immediate physical danger to ot…

9 CAR § 100-311. Searches in secure residential facilities of youth — Definitions. As used in this section and 9 CAR §§ 100-311 – 320: (1)(A) “Contraband” means any item or article that is: (i) Found or located: (a) In the possession of a person; (b) Within the facility; or (c) O…

9 CAR § 100-312. Searches in secure residential facilities of youth — Policy. (a) The Division of Youth Services shall conduct searches of all youth entering a secure residential treatment facility for the purposes of: (1) Security of the facility and its operations; (2) Identifi…

9 CAR § 100-313. Searches in secure residential facilities of youth — Cell phones. (a) Except as provided in subsection (c) of this section, cell phones and accessories shall be considered contraband within secure residential treatment facilities. (b) Staff shall not possess pers…

9 CAR § 100-314. Searches in secure residential facilities of youth — Pat searches. (a) Pat searches may be conducted on a client as part of routine procedure and without individualized reasonable suspicion to believe that a particular client is in possession of a weapon, drugs, …

9 CAR § 100-315. Searches in secure residential facilities of youth — Strip searches. (a) A strip search may be conducted on a youth upon initial admission to a facility as part of routine procedure and without individualized reasonable suspicion to believe that a particular clie…

9 CAR § 100-316. Searches in secure residential facilities of youth — Room searches. (a)(1) Room searches may be conducted at the discretion of the facility director or designee, without individualized reasonable suspicion to believe that a particular client is in possession of: …

9 CAR § 100-317. Searches in secure residential facilities of youth — Searches of common areas. (a) Searches of common areas may be conducted at the discretion of the shift supervisor without individualized reasonable suspicion to believe that a particular client is in possession…

9 CAR § 100-318. Searches in secure residential facilities of youth — Unit shakedowns. (a)(1) Unit shakedowns may be conducted at: (A) The discretion of the facility director or designee, without individualized reasonable suspicion to believe that a particular client is in posses…

9 CAR § 100-319. Searches in secure residential facilities of youth — Training on search techniques. (a) All Division of Youth Services and provider staff with the potential for direct care of clients and all staff attending basic training in accordance with “Training and Profess…

9 CAR § 100-320. Searches in secure residential facilities of youth — Documentation, storage, and disposal of contraband, weapons, or drugs. (a) The documentation, storage, and disposal of search-related contraband, weapons, or drugs shall proceed in accordance with the requireme…

9 CAR § 100-321. Searches in secure residential facilities of staff and visitors — Definitions. As used in this section and 9 CAR §§ 100-321 – 324: (1)(A) “Contraband” means any item or article that is: (i) Found or located: (a) In the possession of a person; (b) Within the facil…

9 CAR § 100-322. Searches in secure residential facilities of staff and visitors — Policy. (a) The Division of Youth Services shall conduct searches of all persons entering a secure residential treatment facility for the purposes of: (1) Security of the facility and its operation…

9 CAR § 100-323. Searches in secure residential facilities of staff and visitors — Training on search techniques. (a) All Division of Youth Services and provider staff with the potential for direct care of youth and all staff attending basic training in accordance with Training a…

9 CAR § 100-324. Searches in secure residential facilities of staff and visitors — Cell phones. (a) Except as provided in subsection (c) of this section, cell phones and accessories shall be considered contraband within secure residential treatment facilities. (b) Staff shall not…

9 CAR § 100-325. Absent without leave (AWOL) youths — Definitions. As used in this section and 9 CAR § 100-326: (1) “Absent without leave” or “AWOL” means when a youth leaves his or her placement without authorization; and (2) “Identifying and descriptive information” means any i…

9 CAR § 100-326. Absent without leave (AWOL) youths — Policy. (a) The Division of Youth Services and its providers shall follow state and federal law as applicable to Absent Without Leave (AWOL) youths from Division of Youth Services residential facilities. (b) When a youth that …

9 CAR § 100-327. Youth bill of rights — Definitions. As used in this section and 9 CAR § 100-328: (1) “Secure residential treatment facility” means a Division of Youth Services facility, or a facility operated by a provider under contract with the division, characterized by: (A) …

9 CAR § 100-328. Youth bill of rights — Policy. (a) The Division of Youth Services adopts the following Youth Bill of Rights, to be posted prominently in English and Spanish in Division of Youth Services facilities and contracted programs, including in: (1) Dorms; (2) Classrooms;…

9 CAR § 100-329. Family bill of rights — Definitions. As used in this section and 9 CAR § 100-330: (1) “Family” means a youth’s legal guardian or legal custodian, including custodial parent, or other adult recognized by the Division of Youth Services or the court as having a bona…

9 CAR § 100-330. Family bill of rights — Policy. (a) The Division of Youth Services adopts the following Family Bill of Rights, to be posted prominently in English and Spanish in division facilities and contracted programs, including in visitation areas, and administrative areas.…

9 CAR § 100-331. Youth grievance and appeals — Definitions. As used in this section and 9 CAR § 100-332: (1) “Authorized family member” means a youth’s legal guardian or legal custodian, including custodial parent, or other adult recognized by the Division of Youth Services or th…

9 CAR § 100-332. Youth grievance and appeals — Policy. (a)(1) Division of Youth Services facilities and contracted programs shall afford youth in division custody the right to submit a grievance regarding any action, condition, or circumstance the youth considers to be unjust. (2…

9 CAR § 100-333. Antibullying — Definitions. As used in this section and 9 CAR § 100-334: (1)(A) “Bullying” means the intentional harassment, intimidation, humiliation, ridicule, defamation, or threat or incitement of violence by a student against another student or the Division …

9 CAR § 100-334. Anti-bullying — Policy. (a)(1) The Division of Youth Services and its contract provider shall follow state and federal laws, rules, and regulations as applicable to students in division residential facilities. (2) As a system of education, the division shall foll…

9 CAR § 100-401. Access to health care — Definitions. As used in this section and 9 CAR § 100-402: (1)(A) “Elective medical care” means any medical treatment recommended by a physician which may be postponed without subjecting the client to: (i) Significant pain; (ii) Deteriorati…