Administrative Decisions Affecting the Rights of Youth in DYS Facilities

PURPOSE: This rule standardizes procedures and establishes safeguards for the youth in those areas of treatment where the rights of the youth in residence in a Division of Youth Services (DYS) facility may be an issue. These areas include: mailing; visitation privileges; and containment. (1) Mailing. The Division of Youth Services (DYS) reserves the authority to inspect mail of youth in DYS residential care facilities for the purpose of detecting contraband. Mail may be opened in the presence of the youth for this purpose only. Mail between youth and attorney will not be subject to the inspection. (2) Visitations. The Division of Youth Services recognizes the importance of family visits with the youth 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 youth and their family are to be advised in writing of the regular visiting hours at the time the youth is received at the facility. (3) Containment. Corporal punishment or physical abuse of a youth shall not be permitted. Physical restraint, if necessary, may be used for the purpose of containment only and only then when the youth 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 an employee to abide by this policy is cause for dismissal. AUTHORITY: sections 219.036, 219.051, and 660.017, RSMo 2016.* Original rule filed Dec. 30, 1975, effective Jan. 9, 1976. Amended: Filed Feb. 10, 2000, effective Aug. 30, 2000. Amended: Filed Aug. 8, 2018, effective March 30, 2019. *Original authority: 219.036, RSMo 1975, amended 1993; 219.051, RSMo 1975; and 660.017, RSMo 1993, amended 1995.