1. (a) The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise:

   1. (1) “Chief executive” means the elected or appointed person on whom rests the ultimate authority and responsibility for the administration and operation of the juvenile detention facility and for the care and confinement of the detainees confined herein, and for all facility personnel;
   2. (2) “Director” means the individual employed, either salaried, hourly, or by contract, who is charged with the direct, day-to-day responsibilities for administration, operation, supervision of staff and/or juveniles, and maintenance of the juvenile detention facility and/or the hold-over detention facility (seventy-two (72) hours);

   3. (3) “Family in need of services” means any family with a valid court order whose juvenile evidences behavior which includes, but is not limited to, the following:

      1. (A) Being habitually and without justification absent from school while subject to compulsory school attendance;
      2. (B) Being habitually disobedient to the reasonable and lawful commands of his or her:

2. (i) Parent;

   1. (ii) Guardian; or

      1. (iii) Custodian; or

      2. (C) Having absented himself or herself from his or her home without sufficient:

         1. (i) Cause;
         2. (ii) Permission; or
         3. (iii) Justification;

   2. (4)

      1. (A) “Full-service detention facilities” means programs that detain juveniles for up to ninety (90) days and offer complete residential services such as education and recreational opportunities.
      2. (B) The time limit does not apply to juveniles charged as adults and detained in the facility;

   3. (5)

      1. (A) “Health authority” means a licensed:

         1. (i) Physician;
         2. (ii) Health administrator; or
         3. (iii) Agency.
      2. (B) When this authority is a person other than a licensed physician, final medical judgment rests with a single responsible physician who is licensed in Arkansas, who has been so designated by the chief executive;
   4. (6) “Holdover detention facility” (seventy-two (72) hours excluding weekends and holidays) means a secure area separate from an adult jail that is used to hold an accused juvenile offender only, prior to a detention hearing;
   5. (7) “Juvenile” means an individual who is under eighteen (18) years of age, whether married or single, and is adjudicated delinquent, is a juvenile member of a family in need of services, or has been found to be dependent or dependent-neglected by the juvenile division of circuit court prior to eighteen (18) years of age and for whom the juvenile division of circuit court retains jurisdiction;
   6. (8) “Juvenile detention facility” means any facility for the temporary care of juveniles alleged to be delinquent, or adjudicated delinquent and awaiting disposition, or charged or convicted of a criminal offense, which require secure custody in a physically restricting facility designed and operated with all entrances and exits under the exclusive control of the facility's staff;

   7. (9)

      1. (A) “Juvenile detention staff” means one whose primary responsibility is the supervision of the daily activities of detained juveniles.
      2. (B) Administrative, food services, janitorial, and other auxiliary staff are not considered to be juvenile detention staff;
   8. (10) “Licensed dietician” means a person licensed by the Arkansas Dietetics Licensing Board;
   9. (11) “Nonoffender” means a juvenile who is subject to the jurisdiction of the juvenile court, usually under abuse, dependency, or neglect statutes for reasons other than legally prohibited conduct of the juvenile with the exception of a FINS with court order; and

   10. (12)

       1. (A) “Status offender” means a juvenile offender who has been charged with or adjudicated for conduct which would not, under the law of the jurisdiction in which the offense was committed, be a crime if committed by an adult.
       2. (B) A status offender is not considered a FINS under valid court order.

3. (b) The use of the terms he and him within this part shall also mean she and her.

   1. (c) Use of the word shall within this part denotes a mandatory standard.

      1. (d) Use of the word should within this part denotes a recommended standard.

Codification Notes: “FINS” means family in need of services.