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 Divisionof Youth Services (DYS)facility may be an issue. These areas include: transfers to administratiue segregation or to a community detention facility; mailing and visitationpriuileges;photographing and fingerprinting; containment;grieuanceprocedure;and transfers from one DYS facility to another.

m 13’CSR 110~P-SOCIAL SERVICES

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

   1. (A) When any child is charged with a” 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 a” impartial three (3) person panel of staff members not involved in the alleged offense;
   2. (B) Thechild’sparentorguardia”,ifknown, will be advised in writing of the alleged offense and the disposition made of the charge; and

   3. (C) Any child so segregatedfromthegeneral 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 permitted

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

1. 4. Shall be allowed to wear nornml casual

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 de& nated minister or representative of his/her faith.

1. (2) Mailing. The Division of Youth Services
2. (DYS) reserves the authority to inspect mail of children in DYS residential care facilities for the purpose of detecting contraband. Mail may be opened in the presence of the child for this purpose only. Mail between child and attorney will not be subject to the inspection.
3. (3) Visitations. TheDivisionofYouthServices 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 child and his/her family are to he advised in writing of the regular visiting hours at the time the child 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, subsection 2, RSMo (1986), in prohibiting the fingerprinting and photographing for identification purpose of the children committed to the Division of Youth Services. Law enforcement officers may fingerprint or photograph these children only by court order.
5. (5) Containment. Corporal punishment or physical abuse of a child shall not be permib ted. Physical restraint, if necessary, may be used for the p”rp~se 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 a” employee to abide by this policy is cause for dismissal.
6. (6) Grievance Procedure (see 13 CSR 110-2.100).

7. (7) Transferfrom o”eDYSFacility to Another (see 13 CSR 110-2.050).

   Auth: sections 219.036 and 219.051, RSMo (1986). Ori&al rule filed Dec. 30, 1975, effective Jan. 9,1976.