0250-04-08-.04
Personnel
Cite as Tenn. Comp. R. & Regs. 0250-04-08-.04
(1)
Written policy shall indicate that there is a hiring plan consistent with the facility’s Affirmative
Action obligations to include, at a minimum, a clear commitment to recognize and develop the
abilities of all minorities, women, and handicapped persons in compliance with Title VI of the
Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and the Americans
with Disabilities Act (P.L. 101-336) of 1990.
(2)
Written policy shall indicate a clear commitment to recognizing diversity in hiring.
(3)
Written policy shall provide that, except in temporary, exigent situations approved by the
facility administrator, there shall be a separation of youth care and adult care staff, including
management, security, recreational, educational and counseling and other direct care staff.
Specialized service staff, such as cooks, bookkeepers and medical professionals who are not
normally in contact with detainees or whose infrequent contacts occur under conditions of
separation of youth and adults are excluded from this requirement.
(4)
Written personnel policies shall be provided to each staff member prior to or at time of
employment. These shall include but are not limited to:
(a)
A job description for each position covering the position’s responsibilities, academic
qualifications and required level of experience;
(b)
Annual salary schedule and performance review requirements;
(c)
Physical examination policy, which shall include a required physical examination and
tuberculin screening for all staff members having contact with youth. The examination
shall be no older than twelve (12) months prior to hire date or shall be completed within
ninety (90) days of employment;
(d)
Training requirements and documentation of completion;
(e)
Vacation policy that clearly defines allowable time and payment plan;
(f)
Sick leave policy;
(g)
Policies regarding Social Security, insurance, retirement plans, and other fringe
benefits;
(h)
Facility grievance procedure;
(i)
Grounds for dismissal; and
(j)
Confidentiality of youth information.
(5)
Specific Qualifications for Staff:
(a)
The facility administrator shall have a high school diploma and at least two (2) years
experience in juvenile justice or child welfare.
(b)
All facility staff shall have a high school diploma or its equivalent. Staff who do not meet
this requirement at the time of the effective date of these standards are permitted to
MINIMUM STANDARDS FOR JUVENILE DETENTION CENTERS
CHAPTER 0250-04-08
AND TEMPORARY HOLDING RESOURCES
remain in their positions; however, any staff hired after the effective date are required to
have a high school diploma or its equivalent.
(6)
Staff Development:
(a) Juvenile Detention Centers
1.
Each juvenile detention center shall be required to provide personnel forty (40)
hours of pre-service training before a staff member assumes individual job
responsibilities. All staff members who have not received this forty (40) hours of
training shall be accompanied at all times by a staff member who has received
such training. There shall be documentation of topics covered and dates covered
and class roster. Topics shall include but are not limited to:
(i)
Hostage policy;
(ii)
Crisis Management/Emergency Contingency Plan;
(iii)
Use of force, including approved manual restraint techniques, chemical
agents and mechanical restraint;
(iv)
Admission and release;
(v)
Security procedures;
(vi)
Proper administration of CPR, first aid and medications;
(vii)
Indicators of mental illness and potential for suicide;
(viii) Professional ethics and standards of conduct;
(ix)
Cultural diversity;
(x)
The purpose and operating policies and procedures of the facility;
(xi)
Rights of detainees;
(xii)
Behavioral observation and recording;
(xiii) Confidentiality;
(xiv) Sexual abuse and sexual harassment prevention, detection and response.
Curriculum and/or other training materials used in compliance with federal
PREA guidelines shall fulfill this requirement;
(xv) Verbal de-escalation techniques;
(xvi) Universal Safety Precautions and infectious diseases;
(xvii) Medical and mental health needs of youth; and
(xviii) Federal mandates, including PREA and Title VI.
2.
All juvenile detention center staff whose duties include the supervision, custody,
or treatment of youth shall be required to complete an annual in-service program
designed to instruct them in specific skill areas of operations. This annual in-
MINIMUM STANDARDS FOR JUVENILE DETENTION CENTERS
CHAPTER 0250-04-08
AND TEMPORARY HOLDING RESOURCES
service shall consist of forty (40) hours to be approved and monitored by the
Department. During the staff member’s first year, these forty (40) hours of in-
service shall be in addition to the required forty (40) hours of pre-service.
3.
As part of the training requirements in part 2. and 3. of this Rule, direct care staff
and supervisory staff assigned to work at the facility shall be trained annually in
First Aid and CPR. Approved First Aid and CPR training shall meet the following
provisions:
(i)
The curriculum shall conform to current American Heart Association or
American Red Cross guidelines;
(ii)
The curriculum shall require hands-on, skill-based instruction, as well as
written and practical testing. Training and certification that is provided solely
“on-line” shall not be accepted; and
(iii)
The instructor shall be qualified and authorized to teach the curriculum and
shall be certified by a nationally recognized organization.
4.
Medical-related training shall also cover:
(i)
Skills development for response in emergency situations;
(ii)
Transfer to appropriate medical provider;
(iii)
Recognition of symptoms of illness most common to youth;
(iv)
Medication administration;
(v)
Confidentiality of medical records and information (HIPAA); and
(vi)
Universal precautions.
5.
All juvenile detention center staff members who are authorized to use chemical
defensive agents and mechanical restraints shall receive basic and ongoing
annual in-service training in their use. All such training shall be recorded with the
dates completed and kept in the staff member’s personnel training file.
6.
All juvenile detention center staff members who directly supervise youth shall
have specific training on proper techniques and implements to be used in
removing a youth from a hanging situation. This training shall be provided in the
staff member’s pre-service array and on an annual basis.
7.
Each juvenile detention center shall maintain records on the specific training,
including credit hours, completed by each juvenile detention center staff member.
8.
Each juvenile detention center shall ensure that there is written policy that
requires individuals who work with both youth and adult inmates in collocated
facilities to be specifically trained and approved to work with youth.
(b)
Temporary Holding Resources
1.
Each temporary holding resource shall be required to provide full and part-time
staff sixteen (16) hours of pre-service training pertaining to security, facility
operations and interacting with youth before a staff member assumes
unsupervised individual job responsibilities. All staff members who have not
MINIMUM STANDARDS FOR JUVENILE DETENTION CENTERS
CHAPTER 0250-04-08
AND TEMPORARY HOLDING RESOURCES
received this sixteen (16) hours of training shall be accompanied at all times by a
fully trained staff member until these training requirements are met. Each full and
part-time staff member shall receive an additional nine (9) hours of instruction
over the course of the first year of employment. This training can be provided
during the course of the employee’s routine execution of job responsibilities
wherever necessary. However, there shall be documentation of all topics and
dates covered. All full and part-time staff members shall subsequently receive
twenty (20) hours of instruction annually. Topics shall include but are not limited
to:
(i)
Hostage Policy
(ii)
Crisis Management/Emergency Contingency Plan;
(iii)
Use of force, including approved manual restraint techniques and
mechanical restraint;
(iv)
Admission and release;
(v)
Security procedures;
(vi)
Proper administration of CPR, first aid and medications;
(vii)
Indicators of mental illness and potential for suicide;
(viii) Professional ethics and standards of conduct;
(ix)
Cultural diversity;
(x)
The purpose and operating policies and procedures of the facility;
(xi)
Rights of detainees;
(xii)
Behavioral observation and recording;
(xiii) Confidentiality;
(xiv) Sexual abuse and sexual harassment prevention, detection and response.
Curriculum and/or other training materials used in compliance with federal
PREA guidelines shall fulfill this requirement;
(xv) Verbal de-escalation techniques;
(xvi) Universal Safety Precautions and infectious diseases; and
(xvii) Medical and mental health needs of youth
2.
The administrator, as well as each full-time child care staff who directly
supervises children, must receive after the first year of employment, forty (40)
hours of in-service training related to the administration and operation of a
temporary holding resource. Training received through other curriculum such as
law enforcement, PREA compliance and other, similar fields can be used to meet
these requirements.
3.
All staff members who directly supervise youth shall have specific training on
proper techniques and implements to be used in removing a youth from a
MINIMUM STANDARDS FOR JUVENILE DETENTION CENTERS
CHAPTER 0250-04-08
AND TEMPORARY HOLDING RESOURCES
hanging situation. This training shall be provided in the staff member’s pre-
service array and on an annual basis.
4.
Each temporary holding resource shall maintain records on the specific training,
including credit hours, completed by each temporary holding resource staff
member.
5.
Each temporary holding resource shall ensure that there is written policy that
requires individuals who work with both youth and adult inmates in collocated
facilities to be specifically trained and approved to work with youth.
(7)
Volunteers
(a)
The facility shall establish an application and screening process in order to ensure that
all prospective volunteers are of sufficient character and competence as to meet the
facility’s needs.
(b)
The facility shall provide an ongoing training program and orientation to the
philosophies and practices specific to the facility to each volunteer within the facility.
Within two (2) weeks of being admitted to the facility’s program as a volunteer, the new
volunteer shall receive orientation and instructions related specifically to child abuse
detection, reporting, and prevention and confidentiality. This training shall be
documented in the individual's volunteer file.
(c)
Paid staff members shall adequately supervise all volunteers.
(d)
The facility shall maintain an individual file, including the application to participate as a
volunteer; the results of the screening process; documentation of orientation and
training, including child abuse prevention training; a declaration of good health; and
three (3) letters of reference shall be obtained by the facility prior to allowing the
volunteer to have direct contact with youth. The facility shall maintain this
documentation in the facility records.
(e)
Faith and community-based organizations providing volunteer services to the youth of
less than twenty (20) hours per week shall meet requirements established by the facility
administrator. Only those individuals who have been properly vetted pursuant to
procedure required in 0250-07-08-.04(8) for prior criminal behavior, either through the
organization or by the facility, may have direct access to the youth.
(8)
The facility shall ensure that all prospective and current employees, volunteers and other
persons having access to youth in care shall be appropriately screened for prior criminal
behavior and/or abuse history. All background checks shall be conducted and documented
according to requirements developed by the Department.