The following additional requirements apply to facilities in which secure detention is provided:

1. (1) The child care worker shall have an associate’s degree or 60 credit hours from an accredited college or university.
2. (2) No more than 12 children may be in a group at any one time.
3. (3) No more than 12 children may occupy a sleeping unit or area.
4. (4) The child health and safety assessment required in § 3800.141 (relating to child health and safety assessment) shall be completed within 1 hour of admission.
5. (5) The child health examination as required in § 3800.143 (relating to child health examination) shall be completed within 96 hours after admission.
6. (6) The facility shall comply with 42 Pa.C.S. § § 6301—6365 (relating to the Juvenile Act) related to detention.
7. (7) A child may not be admitted to a secure detention facility who is 9 years of age or younger, or who is 18 years of age or older, unless the child is a juvenile as defined in the Juvenile Act.
8. (8) A child may not remain in the facility longer than is absolutely necessary.
9. (9) Staff persons shall have visual or auditory contact with children at all times.
10. (10) Children may not share space or have contact with adult offenders.

11. (11) The facility shall submit a written quarterly report to the appropriate regional office of the Department with the following information, for every child detained in a secure detention facility for more than 35 days:

    1. (i) The child’s name and birth date.
    2. (ii) The committing court and probation officer.
    3. (iii) The date the petition was filed.
    4. (iv) The reason the child is still in the facility.
12. (12) The placement of each child shall be reviewed by a staff person designated by the director or the court at least weekly to assess whether the child could be served in a less restrictive setting. If a recommendation is made for a less restrictive setting, written documentation shall be included in the child’s record and sent to the court.

Cross References

This section cited in 55 Pa. Code § 3800.6 (relating to applicability to specific facility type); and 55 Pa. Code § 3800.56 (relating to exceptions for staff qualifications).