Wyo. Code R. 049-0029-11
Providers of Substitute Care Services, Certification of
Chapter 11: Private Juvenile Detention Centers
Effective Date: 09/03/2021 to Current
Rule Type: Current Rules & Regulations
Reference Number: 049.0029.11.09032021
(a) All private Juvenile Detention Centers (JDC) shall comply with all sections of this Chapter and the following Chapters and Sections of these Rules:
(i) Chapter 1: All
(ii) Chapter 2: All
(iii) Chapter 3: All (Not including the exceptions noted in this chapter).
(a) A JDC provides safe and secure custody of juveniles. Juveniles placed in a JDC includes those:
(i) Accused of conduct subject to the jurisdiction of the court, requiring a restricted environment for the juvenile's or the community's protection while pending legal action; or
(ii) Adjudicated as a delinquent; or
(iii) Sentenced to a term of incarceration by a court of competent jurisdiction.
(iv) Between twelve (12) and seventeen (17) years of age at the time of placement and determined to be:
(A) In need of segregation from the community because they present a threat to community safety or because they may flee prosecution if released; and/or
(B) Physical impairment due to alcohol intoxication or the influence of a controlled substance and no other placement is available.
(b) Placement may be made by law enforcement to protect the juvenile's person or the person or property of others, or to prevent the juvenile from leaving or being removed from the jurisdiction of the court.
(c) The juvenile shall remain in the JDC no longer than forty-eight (48) hours without a court order, excluding weekends and legal holidays.
(d) The JDC shall ensure restricted and supervised access to all entrances and exits.
(e) The JDC shall evaluate the effectiveness and efficiency of services provided, including all medical services, to ensure appropriate and necessary services are being provided and all program policy and procedures are being adhered to.
(a) The maximum capacity, in addition to the standards listed below, must be based on the JDC's capacity to provide safe treatment, subject to space, staff/juvenile ratio, and manageable caseloads.
(b) Uncrowded conditions shall be maintained at all times.
(c) Single occupancy rooms shall be available when indicated for the following:
(d) Juveniles with disabilities shall be housed in a manner that provides for their safety, security and dignity.
(e) Day rooms shall provide sufficient seating and writing surfaces for every juvenile using the day room at one (1) time. Furnishings shall be consistent with the security needs of the assigned juveniles.
A JDC shall have, at a minimum, the following personnel:
(a) Administrator/Executive Director.
(b) A licensed mental health professional (on staff or by contract) to provide for the therapeutic needs of the juveniles;
(c) A certified teacher (on staff or by contract) to provide for the education needs of the juvenile;
(d) Direct care staff; and
(e) Medical personnel, on staff or by contract, to include:
(i) A licensed physician, physician's assistant, advanced practitioner of nursing, registered nurse or licensed practical nurse (LPN) must be available on-call on a twenty-four (24) hour basis.
(ii) When facilities do not have full-time, qualified, health-trained personnel, a staff member who is certified as an Emergency Medical Technician (EMT) may coordinate the services in the JDC under the joint supervision of the responsible health authority and JDC administrator.
JDC staff shall complete a twenty (20) hour orientation program and twenty (20) hours of annual training.
Section 6. Intake Procedures. The JDC shall develop, adopt, follow and maintain on file written policies and procedures covering intake procedures, to include but not be limited to the following activities:
(a) Based on reasonable belief that the juvenile is carrying contraband or other prohibitive material, there shall be a complete search of the juvenile and his/her possessions to include a visual inspection of the juvenile body cavities. Reasonable belief is not required when juveniles return from unsupervised contact with the general public or from outside the institution. Contraband means any item that is illegal by law or expressly prohibited by those legally charged with the administration and operation of the JDC or program. In all cases, the physical inspection shall be:
(i) Conducted by trained personnel;
(ii) Conducted by at least two (2) staff members of the same sex; and
(iii) Performed in an area providing complete privacy to the juvenile.
(b) The intake staff at the JDC shall record basic personal data and information.
(c) Within three (3) hours of arrival, juveniles shall receive a comprehensive screening for all addictive substances, illegal drugs and alcohol.
(a) There shall be a minimum of two (2) JDC employees on duty at all times who are responsible for direct supervision of juveniles being detained.
(i) There is an staff: juvenile overall ratio of 1:8 during waking hours (in classroom, if the teacher is counted in the staff: juvenile ratios, he/she shall complete all training required for direct care staff) and 1:16 during nighttime sleeping hours.
(ii) When female juveniles are housed in the JDC, at least one (1) employee (on duty) shall be a female.
(iii) When male juveniles are housed in the JDC, at least one (1) employee (on duty) shall be a male.
(iv) Same gender staff shall be available to respond to medical situations that may arise.
(v) The JDC shall have staff located in or adjacent to juvenile housing and activity areas to permit JDC employees to hear and respond promptly to problems or emergency situations.
(a) Personal Observation.
(i) Except when juveniles are involved in an activity where staff are present, JDC employees shall observe all juveniles at least every thirty (30) minutes on an irregular schedule;
(ii) The times of all such checks shall be logged; and
(iii) Juveniles who are violent, suicidal, mentally ill, intoxicated, experiencing drug withdrawal, or who have other special problems or needs warranting closer observation shall be checked at least every fifteen (15) minutes.
(b) Cross Gender Supervision. Except in emergencies, JDC employees should not observe juveniles of the opposite sex in toilet and shower areas.
(c) Head Count. The JDC shall have a system to physically count juveniles at least every four (4) hours and the system shall provide strict accountability of juveniles on work release, educational release, or other temporary leave status, who may be absent from the JDC for certain periods of the day.
(d) Electronic Surveillance. Electronic surveillance equipment, where available, shall be used primarily to monitor hallways, stairwells, points of access through the security perimeter and common areas and shall not be used in place of the personal observation of juveniles. If used, provision shall be made to shield shower and toilet areas to protect privacy needs.
(a) Mechanical Restraints. A mechanical restraint is a device that restricts the movement or function of a juvenile or portion of a juvenile's body, including but not limited to, handcuffs, anklets, wristlets, camisoles, helmets with fasteners, muffs and mitts with fasteners, poseys, waist straps, head straps, papoose boards, restraining sheets and similar devices. The JDC shall develop, adopt, follow and maintain on file written policies and procedures governing all aspects of mechanical restraints;
(i) Mechanical restraints are never to be applied as punishment; and
(ii) Mechanical restraints shall be applied only with the approval of the JDC Administrator/Executive Director or designee.
(b) Use of Physical Restraint. The JDC shall develop, adopt, follow and maintain on file written policies and procedures governing the use of physical restraint;
(i) Use of physical restraint shall be limited to instances of justifiable self-defense, protection of others, and prevention of escapes, and then only as a last resort and in accordance with appropriate statutory authority;
(ii) In no event is physical restraint justifiable as punishment; and
(iii) Chapter 3 Section 24 shall also be followed for all incidents involving the use of physical restraint.
(c) Room/Cell Confinement.
(i) The JDC shall develop, adopt, follow and maintain on file written policies and procedures governing all aspects of room/cell confinement, including:
(A) Emergency procedures while in confinement;
(B) Method for juveniles to access the grievance procedure during room confinement; and
(C) Time limits for confinement.
(ii) A juvenile may be confined in his/her room only if one (1) of the following conditions is met:
(A) During the intake period, it is necessary to observe the juvenile prior to classification;
(B) A period of crisis or emergency exists for the juvenile, when the juvenile is a danger to himself/herself or others; and/or (C) The juvenile is beyond control, all other reasonable means to control or calm the juvenile have failed and the juvenile's welfare or the welfare of others requires the juvenile be confined.
(iii) If the juvenile is placed in room confinement, the following conditions shall be met:
(A) The juvenile shall be accorded living conditions and privileges approximating those available to the general juvenile population. Exceptions shall be justified by clear and substantial evidence;
(B) The juvenile has had the reasons for the confinement explained to him/her and been given an opportunity to explain the behavior leading to the confinement;
(C) The juvenile placed in room confinement shall be checked visually by staff at least every fifteen (15) minutes;
(D) The juvenile placed in room confinement shall be visited at least once each day by personnel from administrative, clinical, social work, religious, and/or medical units; and
(E) A confinement log shall be maintained that records:
(I) The name and title of the staff member who authorized the confinement;
(II) The date and time juvenile was placed in confinement;
(III) Documentation of the fifteen (15) minute visual checks;
(IV) Persons visiting the juvenile;
(V) The name and title of the staff member authorizing release from confinement; and
(VI) The time of release.
Each JDC shall have a written policy and procedure to ensure that any juvenile shall not be detained or confined where he/she could have contact with incarcerated adults. Contact includes any physical or sustained sight or sound contact between juveniles in a secure custody status and incarcerated adults, including inmate trustees. Separation may also be addressed architecturally.
(a) The JDC shall develop, adopt, follow and maintain on file written policies and procedures governing all aspects of a juvenile's right of access to and reasonable communication with licensed attorneys and judges and clerks of federal, state and local courts and shall address:
(i) Juveniles' right to present issues to and seek judicial relief from the court without reprisal or penalty;
(ii) Juveniles' right to access and assistance in making and receiving confidential communication with licensed attorneys and their authorized representatives, which communication should include private and confidential visits during normal JDC hours, telephone communication, written correspondence and after-hours visits which are deemed necessary because of special circumstances;
(iii) A juvenile shall be allowed to make a reasonable number of telephone calls to his/her attorney at reasonable times;
(iv) A juvenile shall be permitted to return the call of an attorney at a reasonable time and the telephone number of the attorney shall be obtained when the call is received;
(v) A juvenile shall be permitted to send and receive mail from his attorney and the court without charge (1st class postage only); and
(vi) The JDC shall notify the juvenile and counsel in the event it has a legitimate concern that a privileged communication contains a threat to the safety and security of the JDC, public officials or the general public. In the event inspection of mail is deemed necessary, it shall be opened and examined for contraband in the presence of the juvenile and at least two (2) detention staff, but in no event may it be read or censored.
The JDC shall develop, adopt, follow and maintain on file written policies and procedures governing all aspects of a juveniles' right of reasonable communication in the form of mail, telephone, and visitation of a non-privileged nature with persons such as family and friends. Policy and procedure shall address:
(a) Mail (letters and packages).
(i) Mail shall be delivered or posted as soon as reasonably possible;
(ii) When the juvenile bears the mailing cost, there is no limit on the number of letters he/she can send or receive;
(iii) An indigent juvenile shall be provided with sufficient envelopes, writing materials and postage to send a reasonable number of letters per month;
(iv) For security reasons, all incoming packages shall be inspected;
(v) When mail is inspected or rejected, the juvenile or sender shall be notified of the reasons for the action and provided with an opportunity to appeal that decision;
(vi) Inspection, when deemed necessary, shall be completed within twenty-four (24) hours for letters and within forty-eight (48) hours for packages. These inspections shall be conducted by at least two (2) detention staff and signed and dated in a log; and
(vii) All first class letters and packages shall be forwarded to juveniles who are transferred to another JDC or released, provided that a forwarding address is available. If a forwarding address is not available, first class letters and packages shall be returned to the sender.
(b) Telephone.
(i) Juveniles shall have reasonable access to make telephone calls. The hours of telephone availability, the number of calls allowed and the duration of each call shall be specified by the JDC;
(ii) Telephone facilities shall allow for a reasonable amount of privacy; and
(iii) All long distance calls shall be made collect.
(c) Visitation.
(i) The JDC shall establish a visitation schedule for no less than two (2) days each week, one (1) of which shall be during the weekend. Each juvenile, except those restricted as a result of disciplinary action, shall have the opportunity for visitation at least two (2) hours of each week in two (2) or more visits, each of which shall be no less than fifteen (15) minutes in duration with special consideration and allowances provided based on unusual circumstances (e.g., hardships imposed on family; long distances traveled);
(ii) Rules concerning the number of visitors, the duration of each visitation and the necessary surveillance shall be consistent with the JDC's security requirements and the security risk of each juvenile. This information may be accessed by attorney and/or court;
(iii) Persons under the age of eighteen (18) when accompanied by a parent or legal guardian, may be permitted to visit the juvenile;
(iv) Visitation restrictions may be imposed in case of a substantiated security risk or in the event the visitor or juvenile refuses to comply with the visitation rules of the JDC;
(v) A visitor may be excluded if the visitor has a past history of disruptive conduct at the JDC, if the visitor appears to be under the influence of alcohol or drugs or if the visitor represents a reasonable danger to the juvenile or the JDC; and
(vi) The juvenile may refuse visitation.
(a) Health Care Services. The JDC shall provide comprehensive health care services by qualified personnel to protect the health and well being of juveniles. Except for regulations necessary to ensure the safety and order of the JDC, all matters of medical, mental health, substance use and dental judgment shall be the sole province of the responsible clinicians.
(b) Requests for Treatment. Juveniles' requests for treatment shall be collected daily. Requests for treatment shall be reviewed by health care professionals or the trained employees to determine appropriate disposition or referred directly to the JDC physician, physician's assistant, advanced practitioner of nursing, registered nurse, licensed practical nurse (LPN), or licensed mental health professional.
(c) Access to Care. The JDC shall develop, adopt, follow and maintain on file written policies and procedures for providing access to care and a system for processing complaints regarding health care, at no cost to the juvenile and/or family. These shall be communicated orally and in writing to juveniles upon intake.
(d) Administration of Treatment. The JDC shall develop, adopt, follow and maintain on file written policies and procedures to ensure the availability of medical treatment space, equipment, supplies, and materials necessary for those services provided at the JDC.
(e) Direct and/or Standing Orders. All treatment provided by medical personnel other than physicians and dentists shall be performed pursuant to standing or direct orders. Physician's assistants and nurse practitioners may practice within the limits of state law.
(f) Emergency Medical Services. Emergency medical and dental care shall be available at all times at no cost to the juvenile and/or family. Written plans for emergency services shall include arrangements for the following:
(i) Emergency evacuation of juveniles from the JDC;
(ii) Use of an emergency vehicle;
(iii) Use of one (1) or more hospital emergency rooms or other appropriate health care facility;
(iv) Emergency on-call physician and dental services when the emergency health care facility is not located nearby; and
(v) The caseworker staff and other personnel are trained to respond to health-related situations within a four (4) minute response time.
(g) Informed Consent. All examinations, treatments, and procedures affected by informed consent requirements shall be observed for juveniles' care.
(h) Serious illness, injury or death.
(i) The JDC shall have a procedure for the notification of those individuals so designated by the juvenile in the case of serious illness, injury, or death.
(i) In the event of a juvenile's death, the coroner, prosecuting attorney, and appropriate law enforcement agency shall be notified immediately.
(ii) The JDC medical personnel shall have access to information in the juvenile's confinement records, when needed and follow any requirements regarding confidentiality of juvenile records.
(iii) JDC employees shall be apprised of the juvenile's medical conditions when they have a need to know to ensure the safety and well being of the juvenile or others.
(j) Dental Services. Reasonable dental care shall be available and provided to juveniles when the health of the juvenile during the confinement would otherwise be adversely affected.
(k) Detoxification. Arrangements shall be made for providing detoxification programs under medical supervision that are certified by the Substance Abuse Division of the Wyoming Department of Health of alcohol and drug-dependent juveniles with the JDC or through transfer to other facilities.
(l) Suicide Prevention and Intervention. The suicide prevention and intervention policy must include specific procedures for intake/admission screening, identification, and intensive supervision of suicide-prone juveniles.
(a) Food service shall be supervised by a designated employee having experience and/or training in menus, food preparation and health and safety codes in order to provide three (3) meals a day that are nutritionally adequate, palatable, attractive, and produced under sanitary conditions.
(b) Accurate records that include published menus, information on waste, food costs and nutritional accounting shall be maintained of all meals served to juveniles, employees, guests and visitors.
(c) There shall be written documentation that a system of dietary allowances that provides for a nutritionally adequate diet, as adjusted for age, sex and activity, is reviewed at least annually by a registered dietitian, nutritionist or physician.
All juvenile movement from one (1) location to another shall be controlled and supervised by staff.
(a) JDC’s must provide adequate and secure space for conducting educational programs for juveniles in residence seven (7) days or longer.
(b) Educational programs must be equally available to all classification of juveniles, except when there is justification for restricting a juvenile's participation.
(c) The educational program shall:
(i) Be available a minimum of three (3) hours per day, Monday-Friday, during a regular school term, with time off for holidays, weekends and vacations; and
(ii) Have teacher contact every three (3) hour session.
(d) The exercise and recreation program shall not be considered in determining the minimum requirement for the educational program.
(e) A written body of procedures shall govern the JDC's academic and vocational education program, including program accreditation, staff certification and coordination with other programs and services in the community.
(i) Educational programs shall be designed to assist juveniles in keeping up with their studies and shall include contact and coordination with their home schools.
(ii) Educational programs shall include provisions for juveniles not otherwise enrolled in school to work on preparing for the High School Equivalency, or to work in credit courses or classes recognized by the Wyoming State Department of Education or local school district.
(iii) Educational programs shall include life skills and vocational training activities designed to improve the juveniles' employment and independent living capabilities.
(iv) Juveniles may participate in educational release programs authorized by the court having jurisdiction.
(v) The JDC shall utilize certified teachers and curriculum in the delivery of education services to juveniles. Copies of current credentials for each teacher shall be kept on file at the JDC or by the contracting entity.
(vi) An adequate number of educational personnel as dictated by education accreditation shall be available to provide identified educational programming.
(f) Juveniles shall be counseled regarding the importance of education and continuing their school attendance or re-enrolling in school upon discharge.
(g) Arrangements may be made for juveniles to enroll in higher education courses if the juveniles will be in the JDC long enough to benefit.
(h) Coeducational programs may be utilized in JDC's if adequate supervision is maintained.
(i) Educational programs shall include provisions for remediation and shall include special education services or referral to appropriate educational authorities for those in need.
(j) The educational program shall be supported by sufficient equipment and education materials that meet state education standards.
Section 17. Mental Health Services. The JDC shall develop, adopt, follow and maintain on file written policies and procedures covering the provision of mental health services for juveniles.
(a) A range of services shall be available to address individual, group, and family counseling.
(b) Other programs may address drug and alcohol treatment and special offender treatment.
(c) A licensed mental health professional shall be available to counsel juveniles with their personal problems and with their adjustment to the JDC.
(d) If requested by a juvenile and clinically recommended, a licensed mental health professional shall meet with the juvenile on a regularly scheduled basis.
(e) A licensed mental health professional shall be available (on staff or by contract) twenty-four (24) hours a day to provide emergency treatment.
(f) Comprehensive counseling and assistance may be provided to pregnant juveniles in keeping with their expressed desires in planning for their unborn child. If the juvenile is in the custody of DFS, the JDC shall consult with the juvenile’s caseworker prior to initiating pregnancy counseling.
(a) All juveniles shall be allowed at least one (1) hour minimum of physical exercise per day. The JDC shall document when these activities are provided each day.
(b) The JDC shall have space designated for exercise both indoors and outdoors. When weather permits, exercise shall be provided outdoors, in a secure exercise area.
(c) A variety of equipment shall be provided in sufficient amounts to ensure that all juveniles have the opportunity to participate in exercise activities during the designated recreation period.
(d) Physical exercise within the cell may be provided if the Administrator/Executive Director has reasonable grounds to believe that the release of the juvenile from the cell may jeopardize the safety and security of residents and/or order of the JDC.
(i) The JDC shall document any grounds for not allowing physical exercise outside of the cell; and
(ii) Special effort shall be made to provide daily physical exercise for those juveniles in restricted living units.
(e) The minimum space requirements for exercise areas are as follows:
(i) Outdoor exercise area shall have fifteen (15) square feet per youth for the maximum number of youth expected to use the space at one (1) time, but not less than one thousand, five hundred (1,500) square feet of unencumbered space; and (ii) Covered/enclosed exercise areas shall not have less than five hundred (500) square feet of unencumbered space with proper ventilation.
All juveniles shall be allowed at least one (1) hour of structured leisure-time activity per day, not including time spent watching television and shall document when these activities are provided each day.
(a) An updated case file shall accompany any juvenile transferred from one (1) JDC to another, or be sent to the new JDC within seventy-two (72) hours. Information on security or safety risks should be reported to the new JDC immediately.
(b) The JDC shall establish procedures for release of juveniles including, but not limited to, the following: