5139-37-17. Admission and release procedures

(A) The following standard is mandatory:

(1) Admission to detention and release shall be pursuant to and in accordance with the laws of arrest and / or in accordance to a court order.

(2) Written policy, procedure, and practice that newly admitted children receive written orientation materials and/or translation in their own language if they have limited English proficiency. When a literacy problem exists, a staff member shall assist the child in understanding the material. Completion of orientation is documented by a statement signed and dated by the child.

(B) The following standards are recommended:

(1) Written policy and procedure require that all admitted children, except those excluded for security or safety reasons, join a general population not later than three hours after admission.

(2) Written policy and procedure for admission to detention shall be developed and shall include but not be limited to:

(a) Criteria for determining whether to release or to detain juveniles; and who will make this decision.

(b) Procedure and descriptions of alternatives to detention.

(c) One employee shall be designated on duty in-house and empowered with hold/release authority.

(3) Written policy and procedure shall require that a designated employee be responsible for notification to parents, guardians, and custodians (individual or agency) of the children being detained in their center.

(4) Written policy and procedure shall require that after the admission of a child, the detention center shall attempt to verify prescribed medications and the proper dosages of these medications. Staff shall ensure that the medications are administered at the time intervals prescribed by the appropriate medical authority.

(5) Written policy and procedure require that each child be afforded the opportunity to shower and be provided clean clothing upon admission.

(6) Written policy and procedure shall require that upon admission, each child shall be provided written orientation material which explains, behavior expectations, privileges, rights and responsibilities, the contents of the Prison Rape Elimination Act of 2003 and how to access medical services and disaster procedures while a resident of the center.

(7) All releases shall be approved by the court of competent jurisdiction or other appropriate authority.

(8) Written policy and procedure shall require that upon admission, a decision on where to house and how to classify the child shall be made, including any information gathered during the intake process that could impact the child's safety.

Five Year Review (FYR) Dates: 11/14/2018 and 11/14/2023
Promulgated Under: 111.15
Statutory Authority: 5139.04
Rule Amplifies: 5139.281
Prior Effective Dates: 12/11/1988, 01/30/2009, 02/07/2014, 03/21/2016, 07/11/2016

Prior History: (Effective: 7/11/2016
Five Year Review (FYR) Dates: 11/14/2018
Promulgated Under: 111.15
Statutory Authority: 5139.04
Rule Amplifies: 5139.281
Prior Effective Dates: 12/11/1988, 1/30/2009, 2/07/2014, 3/21/2016)