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OREGON CRIMINAL JUSTICE COMMISSION

 

DIVISION 50

RULES FOR COUNTIES TO ESTABLISH EXTENDED DETENTION PROGRAMS

213-050-0045

Authority

These rules are promulgated pursuant to ORS 169.090(2), 137.656(4), and 419C.453.

Stat. Auth.: ORS 169.090(2), ORS 137.656(4) & ORS 419C.453
Stats. Implemented: ORS 169.090(2), ORS 419C.453
Hist.: CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03

213-050-0050

Purpose

These rules are the minimum standards for the establishment, operation and review of extended detention programs serving juveniles pursuant to ORS 419C.453.

Stat. Auth.: ORS 169.090(2), ORS 137.656(4) & ORS 419C.453
Stats. Implemented: ORS 169.090(2), ORS 419C.453
Hist.: CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03

213-050-0055

Definitions

As used in OAR 213-050-0045 to 213-050-0080, unless the context indicates otherwise:

(1) "Committing Authority": The juvenile court of the county where the juvenile was adjudicated.

(2) "Extended Detention Period": As promulgated in ORS 419C.453, a period of detention exceeding eight days, but not more than 30 days.

(3) "Facility" means a detention facility as defined in ORS 419A.004.

(4) "Juvenile" means a person over whom the juvenile court has jurisdiction under ORS 419C.005 and who is eligible to be detained pursuant to ORS 419C.453.

(5) "Juvenile court" means the court having jurisdiction over cases under ORS 419A, 419B and 419C.

(6) "JCPAC" means the Juvenile Crime Prevention Advisory Committee established by ORS 417.845.

(7) "Program" means a specified array of services and activities that support a therapeutic goal for juveniles in need of a secure setting.

(8) "Program Plan" means the written rationale for an extended detention program along with the explanation of how the county will deliver the program in conformance with the minimum standards set forth in OAR 213-050-0060.

(9) "Qualified Professional" means a clinician certified in the service field by the state or federal government or approved through an insurance company.

(10) "Supervising Authority": The agency or department in the original county where the juvenile was adjudicated, or the department to which the case was transferred.

(11) "Therapeutic" means rehabilitative and calculated to enhance well-being through treatment and training.

Stat. Auth.: ORS 169.090(2), ORS 137.656(4) & ORS 419C.453
Stats. Implemented: ORS 169.090(2), ORS 419C.453
Hist.: CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03

213-050-0060

Minimum Standards for Extended Detention Programs

(1) A supervising authority ordered by the court to detain juveniles for an extended detention period pursuant to ORS 419C.453 must detain juveniles only in a detention facility which has an extended detention program plan approved by the JCPAC.

(2) The Juvenile Court, after hearing, must make written findings of fact as to the reasons a juvenile is committed to an extended detention program.

(3) The county governing body that operates the detention facility may designate the capacity available to be utilized for an extended detention program.

(4) The facility used for an extended detention program must meet the standards set by the Oregon Department of Corrections for the physical plant and general operation of juvenile detention programs pursuant to ORS chapter 169.

(5) The program must be initiated for all juveniles ordered into extended detention immediately upon completion of orientation to the facility.

(6) The supervising authority of the juvenile in the extended detention program and the detention education provider must work with the local school before the juvenile's release to share relevant education information to appropriately place the juvenile in an education setting.

(7) The extended detention programs must provide the following minimum services and activities to all juveniles placed in extended detention:

(a) Communication: Staff must be trained and available to speak with juveniles and provide a timely, responsive and respectful system for juveniles and staff to communicate;

(b) Community integration: The program staff must work with the Juvenile Department to plan for the transition of the juveniles back to the community;

(c) Cultural competency: The program must respect the ethnic diversity of the juveniles detained and provide equitable services;

(d) Data collection: The program must comply with the Juvenile Justice Information System (JJIS) requirements.

(e) Education: The detention facility must insure that educational programs are available to all juveniles placed in extended detention in conformance with Oregon Department of Education standards in OAR Chapter 581. Participation by juveniles in educational programming must not be unnecessarily interrupted;

(f) Family outreach and involvement: The program staff must work with the Juvenile Department to involve the juveniles' families in the program and in planning for the juveniles' transition back to the community;

(g) Gender-specific services: The program must be responsive to the unique developmental issues and needs of the female and male juveniles receiving services;

(h) Program self-evaluation: The program must have a process for evaluating its philosophy, goals, methods, materials and outcomes in order to guide program improvement;

(i) Reading: Juveniles must be encouraged to read and must be afforded opportunities daily to read materials from the facility library. The library must contain materials for all reading levels;

(j) Recreation and Exercise: The program must provide for recreation and exercise that includes,

(A) At least one hour daily of structured recreation and exercise activities, not including the time spent watching television;

(B) A staff member or trained volunteer who coordinates and supervises the recreation activities and

(C) Recreation equipment provided for a variety of indoor and outdoor recreation and exercise;

(k) Religious services: The program must allow reasonable access within the detention facility to religious services requested by juveniles;

(l) Social services: The facility must allow access to social service providers to meet the needs of juveniles. These services must be provided by qualified professionals and may include, but not be limited to, individual and family counseling, health, mental health, drug and alcohol counseling, sex abuse and sex offender treatment, assessment and counseling, and crisis intervention services.

Stat. Auth.: ORS 169.090(2), ORS 137.656(4) & ORS 419C.453
Stats. Implemented: ORS 169.090(2), ORS 419C.453
Hist.: CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03

213-050-0065

Approval Process

(1) Extended Detention program plans submitted to the JCPAC must have prior approval from the Board of Commissioners and by the juvenile court judge of the county in which the facility operates.

(2) Program plans submitted to the JCPAC for approval must include:

(a) A statement of the rationale for the program, including:

(A) The juveniles intended for admission;

(B) The therapeutic goal(s);

(C) The need for the program to be delivered in a secure setting; and

(D) The screening criteria and screening process for admission;

(b) A description of the services and activities to be provided;

(c) A description of the staff positions, including number, responsibilities, and the required credentials, experience and training;

(d) A detailed explanation of how the county will deliver and review the program in conformance with the minimum standards set forth in OAR 213-050-0060;

(e) The written policies and procedures of the program;

(f) The daily schedule planned for the juveniles; and

(g) Documentation of:

(A) Prior approval by the Board of Commissioners and by the juvenile court judge of the county in which the facility operates;

(B) Compliance with the education standards set by the Oregon Department of Education;

(C) Compliance with the Oregon Department of Corrections standards for juvenile detention facilities.

(3) Program plans previously approved under rules adopted by the Oregon Commission on Children and Families or by the Oregon Criminal Justice Commission must be subject to review by the JCPAC under these permanent rules.

(4) The JCPAC or its designee must conduct an on-site visit of the facility prior to acting upon the application for approval.

(5) The JCPAC or its designee must approve or deny the application within 120 days of receipt and provide the county a decision in writing.

(6) The JCPAC may authorize the county to operate an extended detention program for a maximum of five years, subject to renewal of approval by JCPAC in the future.

Stat. Auth.: ORS 169.090(2), ORS 137.656(4) & ORS 419C.453
Stats. Implemented: ORS 169.090(2), ORS 419C.453
Hist.: CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03

213-050-0070

Modification, Review and Renewal

(1) A county operating an approved extended detention program must report to the JCPAC annually on forms provided by the JCPAC. The report must include a county statement as to whether the program continues to operate in conformance with the minimum standards set forth in OAR 213-050-0060.

(2) If a county operating an approved extended detention program wishes to make a substantial modification in its program, it must notify the JCPAC and obtain the JCPAC's prior approval for the modification.

(3) The county's request for approval of a modification must include a description of the modification, explanation of how with the modification the program will continue to operate in conformance with the minimum standards set forth in OAR 213-050-0060, and documentation of prior approval of the modification by the Board of Commissioners and juvenile court judge of the county in which the facility operates. Examples of substantial modifications include but are not limited to: change in the therapeutic goal, change in the intended population served or change from single sex to coed population.

(4) Prior to expiration of the approval period, a county may request the JCPAC to renew its approval of the extended detention program. The provisions of OAR 213-050-0065 apply to the renewal process.

Stat. Auth.: ORS 169.090(2), ORS 137.656(4) & ORS 419C.453
Stats. Implemented: ORS 169.090(2), ORS 419C.453
Hist.: CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03

213-050-0075

Suspension, Revocation or Refusal to Renew Approval

At any time the JCPAC may suspend, revoke or refuse to renew its approval of an extended detention program if the county fails to maintain the minimum standards in OAR 213-050-0060 or does not report annually as required by OAR 213-050-0070(1). The JCPAC must notify the county, in writing, of any decision to suspend, revoke, or refuse to renew approval.

Stat. Auth.: ORS 169.090(2), ORS 137.656(4) & ORS 419C.453
Stats. Implemented: ORS 169.090(2), ORS 419C.453
Hist.: CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03

213-050-0080

Grievance Process

(1) Counties denied approval to operate an extended detention program, or whose approval has been suspended, revoked or not renewed, may grieve the decision to the JCPAC at its next available committee meeting.

(2) The county must submit a written explanation of the grievance at least seven days prior to the next available JCPAC meeting.

(3) A county representative must address the JCPAC regarding the grievance.

(4) The JCPAC must provide the county with a decision, in writing, of its decision on the grievance.

Stat. Auth.: ORS 169.090(2), ORS 137.656(4) & ORS 419C.453
Stats. Implemented: ORS 169.090(2), ORS 419C.453
Hist.: CJC 1-2003, f. 6-30-03, cert. ef. 7-1-03

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