PURPOSE: The purpose of this rule is to standardize procedures and establish safeguards for the youth in those areas of treatment where the constitutional rights of the youth in residence in a Division of Youth Services (DYS) facility may be an issue. These areas include: transfers to administrative segregation or to a community detention facility; mailing and visitation privileges; photographing and fingerprinting; containment; grievance procedure; and transfers from one DYS facility to another.

1. (1) Transfers to administrative segregation or to community detention facility shall be made according to the following procedure:

   1. (A) When any child is charged with an offense which may result in his/her confinement apart from the general population of the facility, in a separate room or cell or in a community detention facility where s/he is removed from the general population for over a twenty four (24)-hour period, s/he shall be afforded a hearing to determine guilt or innocence. This hearing shall be conducted as soon as possible but no later than within twenty-four (24) hours after initial confinement. The hearing shall be conducted by an impartial three (3) person panel of staff members not involved in the alleged offense;
   2. (B) The child’s parent or guardian, if known, will be advised in writing of the alleged offense and the disposition made of the charge; and

   3. (C) Any child so segregated from the general population of the facility—

      1. 1. Shall be detained within calling dis-

tance of at least one (1) adult staff member at all times;

1. 2. Shall be detained in clean quarters

and be permitted to follow good personal hygiene;

1. 3. Where feasible, s/he shall be permit-

ted to pursue his/her educational program or keep up with his/her academic assignment;

1. 4. Shall be allowed to wear normal casu-

al clothing appropriate to the season;

1. 5. Shall have access to reading material

from the school and facility library;

1. 6. Shall not have loss of mailing privi-

leges; and

1. 7. May be visited by his/her attorney

and shall have access to chaplain or other designated minister or representative of his/her faith.

1. (2) Mailing. The Division of Youth Services
2. (DYS) reserves the authority to inspect mail of youth in DYS residential care facilities for the purpose of detecting contraband. Mail may be opened in the presence of the youth for this purpose only. Mail between child and attorney will not be subject to the inspection.
3. (3) Visitations. The Division of Youth Services recognizes the importance of family visits with the child as a means of maintaining and improving family relationships. Each Division of Youth Services residential facility shall establish a regular visiting schedule for the purpose of maintaining order in the treatment program. Each youth and his/her family are to be advised in writing of the regular visiting hours at the time the youth is received at the facility.
4. (4) Photographing and Fingerprinting. The division will comply with the letter, intent and spirit of the juvenile code, specifically section 211.151.3, RSMo Supp. 1999, which provides that law enforcement officers shall fingerprint and photograph youth who are taken into custody for offenses that would be considered felonies if committed by an adult without the approval of the juvenile court judge. Youth taken into custody for status offenses or as victims of abuse or offenses that would be considered a misdemeanor if committed by an adult may be fingerprinted and photographed with consent of the juvenile court judge.
5. (5) Containment. Corporal punishment or physical abuse of a child shall not be permitted. Physical restraint, if necessary, may be used for the purpose of containment only and only then when the child being restrained is involved in a serious incident (for example, a youth assaults another person, damages property, hurts him/herself or runs away). Failure of an employee to abide by this policy is cause for dismissal.
6. (6) Grievance Procedure (see 13 CSR 110- 2.100).
7. (7) Transfer from one DYS Facility to Another (see 13 CSR 110-2.050).

AUTHORITY: sections 219.036 and 219.051, RSMo 1994.* Original rule filed Dec. 30, 1975, effective Jan. 9, 1976. Amended: Filed Feb. 10, 2000, effective Aug. 30, 2000. *Original authority: 219.036, RSMo 1975, amended 1993 and 219.51, RSMo 1975.