Powers and Duties of the Juvenile Facilities Monitoring Unit

Powers and Duties of the Juvenile Facilities Monitoring Unit 1. Juvenile Facility Monitoring Unit shall have the following powers and duties, as the licensing agency, in addition to the other duties prescribed by law: a. To adopt the licensing standards set forth by the Juvenile Detention and Alternatives Taskforce's 2014 report; b. To promulgate future rules and regulations concerning the licensing and regulation of juvenile detention facilities; c. To issue, deny, suspend, revoke, restrict, or otherwise take disciplinary action against juvenile detention facilities; d. To provide the training required by the rules and regulations promulgated by the licensing agency to all facility administrators and facility staff; and e. To have such other powers as may be required to carry out the provisions of Miss. Code Ann. §§ 43-21-901 through 43-21-915. 2. The licensing agency shall require a criminal records background check and a child abuse registry check for all facility administrators and juvenile detention facility staff. The Department of Human Services has the authority to disclose to the licensing agency any potential applicant whose name is listed on the Child Abuse Central Registry or has a pending administrative review. That information shall remain confidential. 3. The licensing agency shall have the authority to exclude individuals or entities for prospective or current employment on the basis of a particular crime or crimes or a substantiated finding of child abuse or neglect. 4. Information in the possession of the licensing agency concerning the license of a juvenile detention facility may be disclosed to the public, but the information shall not be disclosed in a manner that would identify children detained in the facility. Nothing in this section affects the agency's authority to release findings of investigations into allegations of abuse under either Miss. Code Ann. § 43-21-353(8) or § 43-21-257. Source: Miss. Code Ann. §§ 43-21-901 to 43-21-915 (Rev. 2016). URule 1.5 Juvenile Detention Facility Licensing Procedures 1. A person shall not operate, establish or otherwise conduct a facility for children under 16 years of age, unless the person has been issued a license to do so by the department. 2. Any person desiring to conduct a facility shall apply for a license on forms provided by the department with any requested supporting documentation specified in this chapter. 3. Facilities operated by or receiving support from county or municipal governments shall meet the same requirements for licensure as those for facilities operated by nongovernmental entities. 4. The following will be under review and investigation for licensing by the licensing agency: a. The applicant facility’s completed policy and procedures manual; b. An examination of the premises of the program and/or facility; c. An investigation of the persons responsible for the function of the program or facility, including any and all staff; d. Interviews with appropriate officers and staff, and with other persons including detainees who can help to verify the allegations of the manual. 5. The following documents will be completed as part of the licensing process: a. Juvenile Detention Facility Licensing Standards Application for completion by the facility applicant. b. The application must be completed 30 days prior to the licensing/inspection visit. c. The application must be notarized. i. Facility Inspection Checklist for completion by the Unit. 6. The following documents must be provided by applicant during the licensure process and any inspection visit (if requested): a. Current staff roster with schedules b. Staff training records c. Facility Policy and Procedure Manual d. Most recent health inspection report and certificate e. Most recent Fire Marshal inspection checklist f. Fire equipment inspection reports (previous 12 months) g. Preventive Maintenance Plan h. Emergency Plan i. Monthly fire and tornado drills (previous 12 months) j. Floor plan/map of facility k. Food service contract and health cards (if applicable) l. Meal schedule m. Dietician approved menu n. Dietician’s license o. Medical service contract for any contracted services p. Sick call schedule q. Juvenile grievances, if any (previous 12 months) r. Program schedules for education, recreation and religious services s. Visitation and visitation policy t. Pharmacy License, if applicable u. Incident reports v. Mental Health Services Provider information including any contract w. Juvenile rules and regulations x. Juvenile orientation packet y. Post Orders/juvenile transition plan (For review only) z. Mississippi Department of Education Review 7. For every person who resides, works, or regularly volunteers in the facility, excluding children placed in care, the facility shall maintain documentation of the completion of a criminal history and a child abuse registry background check within one week of their commencement date with the facility. Source: Miss. Code Ann. §§ 43-21-901 to 43-21-915 (Rev. 2016). URule 1.6 Disposition of License 1. Two-year license a. A decision to approve or to deny the application will be made within 90 days by the Department of Public Safety, Juvenile Facilities Monitoring Unit based on the findings of the examination and investigation. b. If the decision is to license the program or facility, a license will be issued to the facility. c. The license becomes effective on the date it is issued by the Department of Public Safety, Juvenile Facilities Monitoring Unit and it must be appropriately displayed for public view in the program or facility. d. A full license may be issued only upon a determination by the Department of Public Safety, Juvenile Facilities Monitoring Unit that minimum standards have been met as prescribed for the type program or facility for which the application has been made. e. A full license will remain in force and effective for a period of two years from the date it was issued unless revoked by the Department of Public Safety, Juvenile Facilities Monitoring Unit for due cause. f. If denial of the application is indicated, the Department will notify the applicant, verbally and in writing, of the decision, pointing out and discussing those areas of the minimum standards which have not been met. Consultation will be provided by the Department of Public Safety, Juvenile Facilities Monitoring Unit to advise the program or facility on how to attain prescribed minimum standards. 2. Six-month license a. If specific areas of the minimum standards are identified as lacking in the basic services of the program or facility, the Unit may issue a six-month license to allow the program or facility reasonable time to become eligible for a full license. b. Issuance of a six-month license implies that the Unit approves a program or facility’s temporary operation without fully meeting all minimum standards as set forth in this chapter. c. All minimum standards shall be met before the end of the six-month period covered by the license. No renewal of a six-month license shall be permitted. d. The Unit’s decision to issue a six-month license shall be after the program or facility has fully met the following requirements: i. Completion of the Juvenile Facilities Monitoring Unit’s Corrective Action Plan. Source: Miss. Code Ann. §§ 43-21-901 to 43-21-915 (Rev. 2016). URule 1.7 Request to Withdraw Application and Terminate License Each licensee shall inform the Unit if the licensee desires to withdraw its application and terminate their license. The licensee shall return the license to the department with the request to terminate the license. The request and license shall be accepted by the Unit. The licensee and other appropriate agencies shall be notified by the Unit that the license is terminated, and that the facility is considered closed. The former licensee shall submit a new application to the Unit if the facility desires to obtain a new license. The facility shall not reopen or admit any child before receiving a new license. Source: Miss. Code Ann. §§ 43-21-907 (Rev. 2016). URule 1.8 License Renewal 1. Application for renewal of a license to continue operating a program or facility shall be made to the Unit 90 days prior to the expiration date of the current license. 2. The Unit shall re-examine and re-evaluate every area of the facility included in the application process. Attachments or revisions to the operating manual must be submitted with the renewal request. 3. A renewal of a license shall be issued, if, upon re-examination, the Unit is satisfied the program or facility, officers and staff of the juvenile detention facility continue to meet and to maintain the prescribed standards. Source: Miss. Code Ann. §§ 43-21-901 to 43-21-915 (Rev. 2016). URule 1.9 License Revocation 1. The Unit, may deny, suspend, revoke, restrict, or refuse to renew a license, or refuse to issue a license to the applicant/licensee in the event of the following: a. Fraud, misrepresentation or concealment of material facts. b. Violation of any of the provisions of Miss. Code Sec. 43-21-901 et Seq. or any of the regulations governing the licensing and regulation of juvenile detention facilities promulgated by the licensing agency. c. Any conduct, or failure to act that is found or determined by the licensing agency to threaten the health and safety of children at the facility. d. Failure of a juvenile detention facility to conduct background checks as required under Section (5) of Miss. Code Sec. 43-21-901 et Seq. e. Information that is received by the licensing agency as a result of the criminal records background check and the child abuse registry check on all facility administrators and facility staff under Section (5) of Miss. Code Sec. 43-21-901 et Seq. f. Consistently fail to maintain standards prescribed and published in Miss. Code Ann. Sec. 43-21-901 et Seq., the Juvenile Detention and Alternatives Task Force: Report to the Mississippi Legislature 2014 as well as practices and procedures prescribed and adopted by the Unit, including all new and additional standards which the Unit may prescribe. g. Violate the provisions of the license issued. h. Furnish or make any misleading or any false statement or report to the Unit. i. Refusal to submit any reports or refusal to make available to the Unit any records required by the Unit in making investigation of the program or facility for licensing purposes; provided, however, the Department of Public Safety, Juvenile Facilities Monitoring Unit shall not revoke or refuse to renew a license in such case unless it has made written demand on the person, firm or corporation operating the facility requesting such report or reports, and such person, firm or corporation submit such records within ten days. Source: Miss. Code Ann. §§ 43-21-901 to 43-21-915 (Rev. 2016) URule 1.10 Procedure for Appeal and Judicial Review 1. Any facility/applicant who disagrees with or is aggrieved by the Department of Public Safety in regard to the denial, refusal to renew, suspension, revocation, or restriction of a license may appeal to an appellate panel and shall be provided a hearing. The appellate panel will consist of the Director of the Office of Justice Programs, a member of the Mississippi Juvenile Justice Advisory Committee (MSJJAC), a member of the Council of Youth Court Judges and Referees and the Executive Director of Public Safety Planning. Members of the appellate panel will serve as an advisory panel to the Executive Director of Public Safety Planning who makes the final determination as to the disposition of the appeal. The appeal shall be filed with the Unit no later than ten (10) days after the licensee/applicant receives written notice of the final administrative action by the Unit. A hearing shall be scheduled within thirty (30) days from the date of the appeal, unless an extension is sought in writing by either the facility or the Unit from the Executive Director of Public Safety Planning. The granting or denial of any extension is in the discretion of the Executive Director of Public Safety Planning. 2. Any facility/applicant who disagrees with or is aggrieved by the appellate panel in regard to the denial, refusal to renew, suspension, revocation, or restriction of a may appeal to the chancery court of the county in which the facility is located. The appeal shall be filed no later than ten (10) days after the licensee/applicant receives written notice of the final administrative action by the appellate panel. a. The scope of review of the chancery court in such cases shall be limited to a review of the record made before the board to determine if the action of the board is unlawful for the reason that it was: i. Not supported by any substantial evidence; ii. Arbitrary or capricious; or iii. In violation of some statutory or constitutional right of the individual. b. No relief shall be granted based upon a finding of harmless error by the appellate panel in complying with the procedural requirements of this chapter. If there is a finding of prejudicial error in the proceedings, the cause may be remanded for a rehearing consistent with the findings of the panel.