Public Safety

1. Each facility shall have written personnel policies, approved and reviewed annually by the governing body. Written personnel policies shall be provided to each staff member upon employment. The policies shall include job descriptions, including qualifications, duties and respo…

This regulation is issued under the authority of Miss. Code Ann. §§ 43-21-901 to 43-21-915 (Rev. 2016) known as the "Mississippi Juvenile Detention Facilities Licensing Act." Notes 31 Miss. Code. R. 9-1.2 Miss. Code Ann. §§ 43-21-901 to 43-21-915 (Rev. 2016). Adopted 12/28/2019…

1. The governing body of the facility shall designate a director whose responsibility is the overall administration of the facility. 2. A written daily staff schedule shall be developed and followed in compliance with the following: a. Adequate male and female staff to directly s…

1. Written policies and procedures shall provide for securing community and volunteer involvement in programs. The policies and procedures shall specify a screening and selection process and shall encourage recruitment from all cultural and socio-economic segments of the communit…

1. Each person having contact with juveniles shall demonstrate emotional maturity, sound judgment, and a sound knowledge of the developmental needs of children. 2. Employees who have direct contact with youth receive a physical examination, including screening for infectious and …

1. Professional development shall consist of organized, evaluated activity designed to achieve specific learning objectives. Professional development may occur through workshops, seminars, staff meetings or through closely supervised on-the-job training. Although any on-the-job t…

1. The facility administrator shall regularly tour the living units to monitor institutional operations and provide guidance to all staff. 2. Staff members shall receive annual evaluations for performance. The facility shall have a policy in place to take appropriate measures to …

1. Facility shall maintain a clear, confidential and accessible means for youth and staff to report suspected child abuse. 2. Facility administrator or his/her designee ensures that staff, contractors and volunteers comply with state mandatory child abuse reporting laws. 3. Any p…

1. Personnel records. Individual records shall be kept for each staff member which shall include the staff member's: a. Job application, including all: i. identifying information; ii. qualifications including documentation and verification; and iii. character and employment refer…

The following terms shall have the following meaning for purposes of this Chapter, unless the context clearly indicates otherwise: 1. "Abuse" means causing, or allowing to be caused, upon the youth, sexual abuse, sexual exploitation, emotional abuse, mental injury, nonaccidental …

1. Juvenile Facility Monitoring Unit shall have the following powers and duties, as the licensing agency, in addition to the other duties prescribed by law: a. To adopt the licensing standards set forth by the Juvenile Detention and Alternatives Taskforce's 2014 report; b. To pro…

1. A person shall not operate, establish or otherwise conduct a facility for children under 16 years of age, unless the person has been issued a license to do so by the department. 2. Any person desiring to conduct a facility shall apply for a license on forms provided by the dep…

1. Two-year license a. A decision to approve or to deny the application will be made within 90 days by the Department of Public Safety, Juvenile Facilities Monitoring Unit based on the findings of the examination and investigation. b. If the decision is to license the program or …

Each licensee shall inform the Unit if the licensee desires to withdraw its application and terminate their license. The licensee shall return the license to the department with the request to terminate the license. The request and license shall be accepted by the Unit. The licen…

1. Application for renewal of a license to continue operating a program or facility shall be made to the Unit 90 days prior to the expiration date of the current license. 2. The Unit shall re-examine and re-evaluate every area of the facility included in the application process. …

1. The Unit, may deny, suspend, revoke, restrict, or refuse to renew a license, or refuse to issue a license to the applicant/licensee in the event of the following: a. Fraud, misrepresentation or concealment of material facts. b. Violation of any of the provisions of Miss. Code …

1. Admissions criteria limit detention eligibility to youth likely to commit a serious offense pending resolution of their case, youth likely to fail to appear in court, and youth held pursuant to a specific court order for detention where there is no alternative to custody. 2. S…

1. The facility provides diagnosis and treatment, or arranges for the treatment, for conditions discovered during the screening and assessment of youth and for youth with medical problems that arise after admission as long as juvenile is under the care of the facility. 2. Chronic…

1. Youth receive a dental screening by the facility's contracted health professional. The screening takes place soon after admission, and in no case later than a week after admission. The screening includes: a. Visual observation of the teeth and gums. b. Immediate referral to a …

1. Facility shall contract with Qualified Mental Health Professionals (QMHP) to provide appropriate mental health assessments and mental health services to youth referred by staff as needing mental health services. 2. Youth with identified mental and/or behavioral health needs up…

1. Qualified health or mental health professionals regularly monitor and document youth on psychotropic or other regular medications. 2. Only individuals permitted under state law and regulations administer medication to youth. 3. Qualified health professionals administer medicat…

1. Written policies, procedures, and actual practices ensure that access to confidential information is limited to staff with a "need to know" basis, consistent with professional rules of ethics, applicable state and federal laws. Written policies, procedures, and actual practice…

1. Written admission policies and procedures of the facility shall be approved by the Unit in accordance with goals and purposes of the facility and Mississippi statutes. 2. Youth are processed into the facility in a timely manner. Intake for the juvenile justice system is availa…

1. All releases shall be approved by the court of jurisdiction or the designated authority. 2. The facility shall provide release forms to be signed by the person to whom the juvenile is released and by the staff person releasing the juvenile. 3. Temporary releases for court atte…

1. The rights of juveniles while in detention or secure care shall not be diminished or denied for disciplinary reasons. 2. Written policies and procedures shall provide that juveniles are assured their rights subject only to the limitations necessary to maintain order and securi…

1. Admissions staff screen youth to identify immediate individual issues, such as intoxication or injury, and collect information about the youth's family, education status, and delinquency history. 2. Admissions interviews occur in a private setting. 3. Staff ask youth about any…

1. Written policies, procedures, and actual practices ensure that when the institutional population approaches or reaches its operational capacity, appropriate youth are released, transferred, or "stepped down" to non-secure settings. 2. Written policies, procedures, and actual p…

1. Upon admission, staff make housing, bed, programming, education, and work assignments in accordance with written classification policies. Staff provide youth with heightened supervision until they have collected the information necessary to fully classify youth. The facility a…

1. Youth receive physical and mental health screenings in a confidential setting conducted by detention facility staff upon admission to the facility. Female detention facility staff are available to conduct the screening for females. 2. The admission screening is a brief screeni…

1. Youth are to receive a health assessment, including medical and mental assessment, soon after admission and in no case later than one week after admission. 2. The medical assessment portion of the health assessment includes: a. Review of screening results and collection of add…

1. During admission, youth shall receive a brief educational history screening with respect to their school status, special education status, including but not limited to 504 status, grade level, grades, and history of any disciplinary actions, including suspensions or expulsions…

1. Staff shall keep youth occupied through a comprehensive multi-disciplinary program. Staff post and adhere to a daily schedule of activities in each living unit that incorporates both structured and free time. a. Staff shall log the date and reasons for any deviations from sche…

1. Facility provides youth the opportunity to participate in organized religious activities. Youth are not compelled to participate in religious activities. 2. Facility provides youth the opportunity to meet or speak with clergy of the religion of their choice. 3. Facility provid…

1. Facility shall maintain a written behavior management system to provide a graduated scale of incentives for positive behavior. 2. Facility shall explain the behavior management system's rewards and sanctions system during orientation. 3. Staff shall implement the rewards and s…

1. Staff do not limit the number of letters a youth may receive, including youth on any disciplinary status. Staff provide youth with a reasonable amount of paper, access to writing implements, postage for correspondence and encourage youth to write to their families, including y…

1. Facility shall provide youth with reasonable access to telephones. 2. After a connection is established, youth are permitted to talk on facility provided telephones for at least five minutes per call, at least twice a week. 3. Calls from youth are available free of charge or c…

1. The facility permits youth to visit with those individuals approved by the facility administrator or his/her designee or the youth court judge. 2. The facility establishes a process to ensure that undocumented family members who are otherwise approved for visitation may visit …

1. Mail to and from attorneys, the courts, or public officials is privileged. Staff may open such mail in the presence of youth to check for contraband only but may not read such mail. 2. Attorney visits may occur at all reasonable times during hours that youth are awake. Attorne…

1. Staff provide youth with access to outside victim advocates for emotional support services related to sexual abuse, by providing, posting, or otherwise making accessible mailing addresses and telephone numbers, including toll-free hotline numbers where available, of local, sta…

1. Written policies, procedures, and actual practices ensure that: a. Unit staff receive annual training in conflict management, de-escalation of confrontations, crisis intervention, management of assaultive behavior, and the facility's continuum of methods of control. b. Unit st…

1. Facility shall have written policies and procedures in accordance with the following principles for the use of isolation: a. Staff only use isolation if a youth's behavior threatens imminent harm to self or others or serious destruction of property. b. Prior to using isolation…

1. Staff permit youth to have voluntary time outs for short periods of time at youth's request. 2. Staff document voluntary time outs. Notes 31 Miss. Code. R. 9-4.3 Miss. Code Ann. §§ 43-21-901 to 43-21-915 (Rev. 2016). Miss. Code Ann. §§ 43-21-901 to 43-21-915 (Rev. 2016). Rule …

1. Staff provide the youth in the youth's primary language with a written list of prohibited behaviors and the sanctions or consequences of such behaviors. Staff post the rules of the facility in all living units in English. Staff provide to each youth in the youth's primary lang…

1. Youth are not automatically subjected to room confinement and/or isolation upon their admission to the facility. 2. Immediately upon a youth's placement in room confinement, staff notify the unit supervisor. 3. Staff may not keep youth in room confinement for longer than one h…

Staff shall not use corporal punishment or cruel or degrading punishment, either physical or psychological, at the facility. Notes 31 Miss. Code. R. 9-4.6 Miss. Code Ann. §§ 43-21-901 to 43-21-915 (Rev. 2016). Amended 12/28/2019

1. Facility grievance procedures assure a method for the expression and resolution of youth grievances and complaints about any aspect of the facility and its operation, including medical and mental health services. 2. Every youth and the youth's parent(s) or guardian(s) have the…

1. All persons in the facility are treated with respect. Written policies, procedures, and actual practices prohibit use of slurs, name-calling, and other disrespectful behavior by youth or staff. 2. Staff demonstrate an appropriate level of tolerance of normal adolescent behavio…