Arkansas Administrative Code

9 CAR § 100-405. Consent to treat — Definitions. As used in this section, 9 CAR §§ 100-405, and 100-406: (1) “Affiliated healthcare provider” means the individuals or healthcare staff responsible for the facility’s healthcare and medical services, including: (A) Arrangements for …

9 CAR § 100-406. Consent to treat — Policy. (a)(1) It is the policy of the Division of Youth Services to afford all youth, and parents or guardians of youth, informed consent and voluntary agreement in regard to proposed elective or invasive medical treatments. (2) Exceptions sha…

9 CAR § 100-407. Consent to treat — Refusal of treatment. (a)(1) Youth and parents or guardians may refuse treatment or procedures. (2) Youth who refuse routine or nonemergency treatment or medical procedures shall be counseled as to the possible health consequences of their refu…

9 CAR § 100-408. Termination of pregnancy — Policy. (a) While a youth is in Division of Youth Services care: (1) The Department of Human Services shall: (A) Neither consent to or approve the termination of a pregnancy nor authorize the expenditure of state funds for the purpose o…

9 CAR § 100-409. Dental screening and examination — Policy. (a) It is the policy of the Division of Youth Services that dental screenings shall be provided to all juveniles placed in custody of the division. (b) Dental screenings and examinations shall be performed by trained and…

9 CAR § 100-410. Emergency health care — Definition. As used in this section and 9 CAR § 100-411, “emergency health care” means health treatment, services, or accommodations provided to an injured or ill person for the sudden onset of a medical condition or illness.

9 CAR § 100-411. Emergency health care — Policy. It is the policy of the Division of Youth Services to have active provisions in place for the as-needed delivery of both emergency and twenty-four-hour health care to youth who are: (1) Placed in division custody; and (2) Housed in…

9 CAR § 100-412. Health screening and examination — Definitions. As used in this section and 9 CAR § 100-413: (1) “Dental screening” means a physical examination of youth’s mouth, including the: (A) Lips; (B) Tongue; (C) Teeth; (D) Gums; and (E) Tissue; (2) “Medical screening” me…

9 CAR § 100-413. Health screening and examination — Policy. (a) It is the policy of the Division of Youth Services that all juveniles placed in custody of the division shall receive medical, dental, and mental health screenings. (b) The screenings shall be performed by qualified …

9 CAR § 100-414. Health trained staff — Policy. It is the policy of the Division of Youth Services that coordination and delivery of healthcare services to juveniles in the custody of the division and placed in division facilities will be performed by qualified healthcare-trained…

9 CAR § 100-415. Management of chemical dependency — Policy. It is the policy of the Division of Youth Services that active monitoring against the occurrence of alcohol or drug abuse by youth in division custody shall occur at all division-operated or contract facilities in which…

9 CAR § 100-416. Mental health services — Policy. (a) It is the policy of the Division of Youth Services to provide mental health services to all juveniles who are committed and placed in custody of the division. (b) The mental health services shall be: (1) Multifaceted in terms …

9 CAR § 100-417. Participation in research — Policy. (a) The Division of Youth Services is committed to assisting in the research and advancement of best practices in juvenile justice and the rehabilitation of youth. (b) When presented with an opportunity to participate in bona f…

9 CAR § 100-418. Participation in research — Consent to participate. (a) The Division of Youth Services will not consent on behalf of any youth or custodian to an identifiable youth’s participation in research. (b)(1) Youth under the age of eighteen (18) must have consent of a le…

9 CAR § 100-419. Participation in research — Payment prohibited. (a) Youth committed to the Division of Youth Services will not be permitted to volunteer or participate for payment in any medical, pharmaceutical, or cosmetic experiments, even with consent of a legal custodian. (b…

9 CAR § 100-420. Personnel — Policy. (a) It is the policy of the Division of Youth Services that only qualified healthcare personnel will determine and supervise the provision of healthcare procedures to youth in the secure custody of the division. (b) Qualified healthcare person…

9 CAR § 100-421. Prosthesis — Definition. As used in this section and 9 CAR § 100-422, “prosthesis” means a device either external or implanted that substitutes for or supplements a missing or defective part of the body.

9 CAR § 100-422. Prosthesis — Policy. It is the policy of the Division of Youth Services that either a medical or dental prosthesis shall be made available to youth placed in secure custody of the division who have been determined by a qualified or responsible physician to be in …

9 CAR § 100-423. Qualifications — Policy. It is the policy of the Division of Youth Services that delivery of all mental health services to juveniles placed in the custody of the division shall be provided by qualified professionals who meet the educational, licensure, and certif…

9 CAR § 100-424. Responsible healthcare authority — Definition. As used in this section and 9 CAR § 100-425, “health authority” means an individual, agency, or organization qualified to provide medical and healthcare services.

9 CAR § 100-425. Responsible healthcare authority — Policy. (a)(1) It is the policy of the Division of Youth Services to have a designated health authority with responsibility for assurance of healthcare provision to all youths in division facilities. (2) The designated health au…

9 CAR § 100-426. Serious and infectious diseases — Definition. As used in this section and 9 CAR § 100-427, “infectious disease” means disorders causes by germs or organisms such as: (1) Bacteria; (2) Viruses; (3) Fungi; or (4) Parasites.…

9 CAR § 100-427. Serious and infectious diseases — Policy. It is the policy of the Division of Youth Services to: (1) Ensure the existence and monitoring of active practices and procedures aimed at management of serious and infectious diseases; and (2) Protect the medical health …

9 CAR § 100-428. Special diets — Definition. As used in this section and 9 CAR § 100-429, “special diet” means meal plans that control the intake of certain foods or nutrients.

9 CAR § 100-429. Special diets — Policy. (a) The Division of Youth Services shall provide special diets to youths: (1) If the special diet is prescribed by a: (A) Treating physician; (B) Dentist; or (C) Responsible health official; and (2) Who have designated religious beliefs or…

9 CAR § 100-430. Health record maintenance and transmission — Policy. The Division of Youth Services is committed to maintaining complete and accurate health records on all youth in its physical custody.

9 CAR § 100-431. Health record maintenance and transmission — Health record. (a) A health record file on each youth shall be maintained at the facility or program where the youth is placed in a format approved by: (1) The Department of Health; or (2) Other health authority with o…

9 CAR § 100-432. Health record maintenance and transmission — Health summary — Medication and medical equipment. (a)(1) When a youth leaves a Division of Youth Services or contracted facility or program for any overnight period, the facility or program shall complete a health sum…

9 CAR § 100-433. Discharge. When a youth discharges from a facility or program, a complete and accurate copy of the health record shall be sent in hard copy or electronic format to the Division of Youth Services Records Unit within five (5) business days.

9 CAR § 100-501. General education — Definition. As used in this section and 9 CAR §§ 100-502 – 506, “marking period” means each quarter as designated on the school calendar.

9 CAR § 100-502. General education — Policy. (a)(1) The Division of Youth Services and its providers shall follow state and federal rules and regulations as applicable to educating students in division residential facilities. (2) As a special school system with all of the powers,…

9 CAR § 100-503. General education — Parent or guardian and teacher conferences. (a)(1) Parents or guardians shall be kept informed concerning the progress of their child. (2) The evaluation of each student’s performance on a regular basis serves to give the parents or guardians,…

9 CAR § 100-504. General education — Grading. (a) The grading scale for grades six through twelve (6-12) are as follows: (1) A = 90-100; (2) B = 80-89; (3) C = 70-79; (4) D = 60-69; and (5) F = 59 and below. (b) For the purpose of determining grade point averages, the numeric val…

9 CAR § 100-505. General education — Student promotion – Retention. (a) The Division of Youth Services shall: (1) Evaluate each student’s educational progress at each marking period; and (2) Individually address situations in which students are not performing at their appropriate…

9 CAR § 100-506. General education — Permanent records. (a) Permanent school records, as required by the Department of Education, shall be maintained for each student enrolled in the district until the student: (1) Receives a high school diploma or its equivalent; or (2) Is beyon…

9 CAR § 100-507. Special education — Policy. (a) The Department of Human Services shall provide oversight of the Division of Youth Services special education program. (b) The department shall ensure that a free and appropriate public education (FAPE) inclusive of necessary relate…

9 CAR § 100-508. Dyslexia screening and reading intervention services — Screening. (a) Within thirty (30) calendar days, excluding holidays, of being committed to the Division of Youth Services, a: (1) Youth shall have his or her reading proficiency level assessed; and (2) Dyslex…

9 CAR § 100-509. Dyslexia screening and reading intervention services — Services. (a)(1) If a reading assessment or the dyslexia assessment indicates that a youth is reading below the level of proficiency required to be a high-functioning reader, the youth shall be provided evide…

9 CAR § 100-510. Use of technology — Definitions. As used in this section and 9 CAR § 100-511: (1) “Electronic device” means anything that can be used to transmit or capture: (A) Images; (B) Sound; or (C) Data; (2) “Harmful to minors” means any picture, image, graphic file, or ot…

9 CAR § 100-511. Use of technology — Policy. (a)(1) The Division of Youth Services and its providers shall follow all state and federal laws as applicable to the education of juveniles by the way of the internet and virtual classes. (2) The division shall also follow guidelines a…

9 CAR § 100-512. Final release — Policy. It is the policy of the Division of Youth Services that the administrative release of youth from division custody shall occur in a manner that reflects fairness in the application of division release authority or discretion, in accordance …

9 CAR § 100-513. Mail and inspection of packages — Policy. (a) The Division of Youth Services requires every youth placed in its custody to be afforded the opportunity to communicate with: (1) Their parents or guardians; (2) Immediate family members; and (3) Other positive indivi…

9 CAR § 100-514. Reception and orientation — Intake — Placement. (a)(1) The Division of Youth Services shall assign youth to their initial juvenile treatment center upon completion of the intake and assessment process at the reception center. (2) Multiple factors such as treatmen…

9 CAR § 100-515. Reception and orientation — Handbook. (a) During the intake and orientation process, youth will receive a copy of the Division of Youth Services student handbook, in his or her native language. (b) The division shall: (1) Review the division student handbook with…

9 CAR § 100-516. Reception and orientation — Orientation. (a) Facility staff shall conduct a facility orientation that will be documented as part of the admission process. (b) If necessary, facility staff will assist the youth in understanding the orientation materials. (c) Facil…

9 CAR § 100-517. Reception and orientation — Progress. (a) The multidisciplinary team shall conduct a quarterly progress review on all youth within the juvenile treatment centers. (b) Parents or legal guardians shall receive a written report focusing on the areas of growth and fa…

9 CAR § 100-518. Religious participation — Policy. (a) Division of Youth Services staff and contracted providers shall accommodate youths’ exercise of sincerely held religious beliefs where such exercise does not: (1) Present a security risk; or (2) Interfere in the safe and effi…