Title 505 | Chapter 001 | Regulation 185
PREVIOUS VERSION
The previous document that this document is based upon is available.
505 KAR 1:185.Day treatment programs.
Section 1.
Educational Services.(1)
Educational services shall be provided to juveniles in a day treatment program. Educational services shall be made available to each juvenile upon admission and shall be open entry and open exit.(2)
Educational services shall be individualized to meet the assessment, educational, rehabilitative, and developmental instructional needs of each juvenile.(3)
Vocational Assessment. Juveniles who enter a day treatment program without a previously administered vocational assessment shall be administered a vocational assessment. The results shall be used to:(a)
Determine a juvenile's vocational aptitude and interests, learning and working styles, and career clusters;(b)
Assist DJJ and school district educational staff to integrate academic, vocational and work assignments, and treatment goals; and(c)
Provide a juvenile with workplace readiness skills.(4)
The results of educational and vocational assessments from the school district shall be used for the initial development, periodic review, and revision of an integrated Individual Learning Plan, Individual Education Plan if applicable, Individual Treatment Plan, Individual Learning Plan Addendum if applicable, and Aftercare Plan.(5)
ITP, ILP, IEP, Section 504 plan, and Aftercare Plan. DJJ shall participate with school district staff, if invited, in the development, review, and revision of a juvenile's IEP, and Section 504 plan. DJJ shall integrate any accommodations from an IEP or Section 504 plan in a juvenile's ITP and Aftercare Plan. The ILP shall be integrated with the ITP and completed within fourteen (14) school days of admission.(6)
Child Find. Any staff who suspects that a juvenile may have an educational disability shall communicate that concern in writing to the Administrative Duty Officer and report it to the treatment team.Section 2.
Technical Programming.(1)
If technical programming is available, the program shall have specific criteria for enrolling juveniles, and the criteria shall be included in the orientation handbook.(2)
The Superintendent shall ensure that juveniles only use power driven machines and tools under the following circumstances:(a)
The juvenile has been enrolled in a technical training program;(b)
The juvenile is performing tasks designated by the Office of Career and Technical Education for the training program in which the juvenile is enrolled;(c)
The certified technical teacher of the training program is supervising the juvenile;(d)
The juvenile has successfully completed the safety training and the safety test necessary to use the machines and tools or complete the task; and(e)
The certified technical teacher shall document that the student has completed safety training.(3)
The certified technical teacher of the training program and facility staff shall monitor the emotional state and consider the mental stability of the juvenile prior to allowing the juvenile to use power driven machines and tools or perform a potentially hazardous task.Section 3.
Searches. A juvenile may be searched for safety and security purposes. A search may include the juvenile's hair.Section 4.
Behavior.(1)
During school hours, teachers shall direct juvenile behavior while juveniles are engaged with educational programming such as lessons, hands-on activities, school-day outings, community mentoring, vocational classes, and all teacher-led learning.(2)
Teachers shall collaborate with DJJ staff regarding appropriate consequences for an undesirable behavior.(3)
Teachers shall be included in the disciplinary review with the juvenile and DJJ staff.(4)
Acceptable school behavior and discipline information shall be incorporated into the Orientation Handbook and reviewed with each juvenile. A copy of the Orientation Handbook shall be posted at the school site. DJJ and education staff shall be provided a copy of the Orientation Handbook.Section 5.
Personal Property.(1)
Allowable Personal Property. A juvenile may bring the following to a day treatment program:(a)
Key to access the juvenile's dwelling;(b)
Cell phone; and(c)
Cash, not to exceed ten (10) dollars.(2)
The program may set a different cash limit considering the needs of the juveniles in the program and the negative effects of available cash.(3)
The program may require allowed personal property to be locked away and not in the juvenile's possession during the school day or instructional time.(4)
Confiscated personal property shall be logged and secured. Law enforcement may be contacted if the juvenile's personal property poses a safety or security risk to the program.(5)
A juvenile may be reimbursed for damaged or lost personal property on a limited basis at the discretion of the superintendent.(6)
Unclaimed personal property shall be stored and retained at the program for not longer than thirty (30) school days.Section 6.
Telephone and Visitation.(1)
A day treatment program shall provide juvenile access to a telephone for emergency calls.(2)
Visitation. Parental and caregiver visits shall be encouraged, and the program shall make provisions for assisting the parent or caregiver in visitation to the program. Visits shall be permitted for a parent or caregiver, or attorney during program hours, except if there is documented evidence that a visitor poses a threat to the safety of the juveniles or the security of the program or may disrupt the program.Section 7.
Counseling Services.(1)
Counseling services shall be provided to each juvenile in accordance with the juvenile's individual treatment plan. Staff shall be available to provide counseling in emergency situations and upon a juvenile's request in accordance with each juvenile's ITP.(2)
Each juvenile attending school in a day treatment program shall have an opportunity for individual and group counseling.(a)
Individual counseling shall be:1.
Provided to each juvenile at a minimum of one (1) scheduled hour per week;2.
Used to help the juvenile make developmentally appropriate changes in thinking and behavior; and3.
Used to assist the juvenile in meeting goals and tasks identified on the juvenile's ITP;(b)
Group counseling. Group counseling shall be:1.
Provided to each juvenile at a minimum of two (2) scheduled hours per week;2.
Used to help the juvenile make developmentally appropriate changes in thinking and behavior;3.
Used to discuss specific and common issues, conflicts, and concerns;(3)
The juvenile's counselor may engage the juvenile's parent or caregiver as needed to assist the juvenile in meeting their educational treatment objectives.Section 8.
Youth Council.(1)
A program shall have a youth council that meets monthly with the superintendent or designee. The youth council shall include representatives from each treatment group who shall present juvenile concerns.(2)
The youth council shall discuss and offer recommendations to the superintendent on issues including the following:(a)
Staff and juvenile relations;(b)
Programming issues;(c)
Physical plant concerns;(d)
Recreation;(e)
Education;(f)
Health and dietary issues; and(g)
Youth activity fund.(3)
Written minutes shall be kept of each youth council meeting and shall be held on file for three (3) years by the superintendent or designee. The superintendent or designee and all participants shall sign an attendance sheet at the meeting.HISTORY: (49 Ky.R. 2429; 50 Ky.R. 841; eff. 3-5-2024.)
VICKI REED, Commissioner
APPROVED BY AGENCY: September 13, 2023
FILED WITH LRC: September 14, 2023 at 10:00 a.m.
CONTACT PERSON: Amy Barker, Assistant General Counsel, Justice & Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes general requirements for day treatment programs for juveniles committed to the department.
(b) The necessity of this administrative regulation:
This administrative regulation meets statutory authorization or requirements in KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, and 640.120 for administrative regulations.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The regulation provides direction and information to department staff and juveniles concerning the day treatment program.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
Not applicable
(c) How the amendment conforms to the content of the authorizing statutes:
Not applicable
(d) How the amendment will assist in the effective administration of the statutes:
Not applicable
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately 38 DJJ day treatment employees, 156 juveniles, and their families.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
The DJJ staff and juveniles will have to follow the requirements of the day treatment program.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The administrative regulation will assist in the effective and orderly management of the day treatment programs.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(b) On a continuing basis:
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
DJJ budgeted funds for the biennium.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in funding is not anticipated.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fee.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Department of Juvenile Justice and school district employees involved in a day treatment program
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.065, 15A.0652, 15A.160, 200.080-200.120, 605.150, 635.095, 640.120, 645.250, Chapters 600-645
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will not create any revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will not create any revenue.
(c) How much will it cost to administer this program for the first year?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(d) How much will it cost to administer this program for subsequent years?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation is not anticipated to generate any cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation is not anticipated to generate any cost savings.
(c) How much will it cost the regulated entities for the first year?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(d) How much will it cost the regulated entities for subsequent years?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] A major economic impact to the agency is not anticipated.
505 KAR 1:185.Day treatment programs.
Section 1.
Educational Services.(1)
Educational services shall be provided to juveniles in a day treatment program. Educational services shall be made available to each juvenile upon admission and shall be open entry and open exit.(2)
Educational services shall be individualized to meet the assessment, educational, rehabilitative, and developmental instructional needs of each juvenile.(3)
Vocational Assessment. Juveniles who enter a day treatment program without a previously administered vocational assessment shall be administered a vocational assessment. The results shall be used to:(a)
Determine a juvenile's vocational aptitude and interests, learning and working styles, and career clusters;(b)
Assist DJJ and school district educational staff to integrate academic, vocational and work assignments, and treatment goals; and(c)
Provide a juvenile with workplace readiness skills.(4)
The results of educational and vocational assessments from the school district shall be used for the initial development, periodic review, and revision of an integrated Individual Learning Plan(5)
ITP, ILP(6)
Child Find. Any staff who suspects that a juvenile may have an educational disability shall communicate that concern in writing to the Administrative Duty Officer and report it to the treatment team.Section 2.
Technical Programming.(1)
If technical programming is available, the program shall have specific criteria for enrolling juveniles, and the criteria shall be included in the orientation handbook.(2)
The Superintendent shall ensure that juveniles only use power driven machines and tools under the following circumstances:(a)
The juvenile has been enrolled in a technical training program;(b)
The juvenile is performing tasks designated by the Office of Career and Technical Education for the training program in which the juvenile is enrolled;(c)
The certified technical teacher of the training program is supervising the juvenile;(d)
The juvenile has successfully completed the safety training and the safety test necessary to use the machines and tools or complete the task; and(e)
The certified technical teacher shall document that the student has completed safety training.(3)
The certified technical teacher of the training program and facility staff shall monitor the emotional state and consider the mental stability of the juvenile prior to allowing the juvenile to use power driven machines and tools or perform a potentially hazardous task.Section 3.
Searches. A juvenile may be searched for safety and security purposes. A search may include the juvenile's hair.Section 4.
Behavior.(1)
During school hours, teachers shall direct juvenile behavior while juveniles are engaged with educational programming such as lessons, hands-on activities, school-day outings, community mentoring, vocational classes, and all teacher-led learning.(2)
Teachers shall collaborate with DJJ staff regarding appropriate consequences for an undesirable behavior.(3)
Teachers shall be included in the disciplinary review with the juvenile and DJJ staff.(4)
Acceptable school behavior and discipline information shall be incorporated into the Orientation Handbook and reviewed with each juvenile. A copy of the Orientation Handbook shall be posted at the school site. DJJ and education staff shall be provided a copy of the Orientation Handbook.Section 5.
Personal Property.(1)
Allowable Personal Property. A juvenile may bring the following to a day treatment program:(a)
Key to access the juvenile's dwelling;(b)
Cell phone; and(c)
Cash, not to exceed ten (10) dollars.(2)
The program may set a different cash limit considering the needs of the juveniles in the program and the negative effects of available cash.(3)
The program may require allowed personal property to be locked away and not in the juvenile's possession during the school day or instructional time.(4)
Confiscated personal property shall be logged and secured. Law enforcement may be contacted if the juvenile's personal property poses a safety or security risk to the program.(5)
A juvenile may be reimbursed for damaged or lost personal property on a limited basis at the discretion of the superintendent.(6)
Unclaimed personal property shall be stored and retained at the program for not longer than thirty (30) school days.Section 6.
Telephone and Visitation.(1)
A day treatment program shall provide juvenile access to a telephone for emergency calls.(2)
Visitation. Parental and caregiver visits shall be encouraged, and the program shall make provisions for assisting the parent or caregiver in visitation to the program. Visits shall be permitted for a parent or caregiver, or attorney during program hours, except if there is documented evidence that a visitor poses a threat to the safety of the juveniles or the security of the program or may disrupt the program.Section 7.
Counseling Services.(1)
Counseling services shall be provided to each juvenile in accordance with the juvenile's individual treatment plan. Staff shall be available to provide counseling in emergency situations and upon a juvenile's request in accordance with each juvenile's ITP.(2)
Each juvenile attending school in a day treatment program shall have an opportunity for individual and group counseling.(a)
Individual counseling shall be:1.
Provided to each juvenile at a minimum of one (1) scheduled hour per week;2.
Used to help the juvenile make developmentally appropriate changes in thinking and behavior; and3.
Used to assist the juvenile in meeting goals and tasks identified on the juvenile's ITP;(b)
Group counseling. Group counseling shall be:1.
Provided to each juvenile at a minimum of two (2) scheduled hours per week;2.
Used to help the juvenile make developmentally appropriate changes in thinking and behavior;3.
Used to discuss specific and common issues, conflicts, and concerns;(3)
The juvenile's counselor may engage the juvenile's parent or caregiver as needed to assist the juvenile in meeting their educational treatment objectives.Section 8.
Youth Council.(1)
A program shall have a youth council that meets monthly with the superintendent or designee. The youth council shall include representatives from each treatment group who shall present juvenile concerns.(2)
The youth council shall discuss and offer recommendations to the superintendent on issues including the following:(a)
Staff and juvenile relations;(b)
Programming issues;(c)
Physical plant concerns;(d)
Recreation;(e)
Education;(f)
Health and dietary issues; and(g)
Youth activity fund.(3)
Written minutes shall be kept of each youth council meeting and shall be held on file for three (3) years by the superintendent or designee. The superintendent or designee and all participants shall sign an attendance sheet at the meeting.HISTORY: (49 Ky.R. 2429; 50 Ky.R. 841; eff. 3-5-2024.)
VICKI REED, Commissioner
APPROVED BY AGENCY: September 13, 2023
FILED WITH LRC: September 14, 2023 at 10:00 a.m.
CONTACT PERSON: Amy Barker, Assistant General Counsel, Justice & Public Safety Cabinet, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes general requirements for day treatment programs for juveniles committed to the department.
(b) The necessity of this administrative regulation:
This administrative regulation meets statutory authorization or requirements in KRS 15A.065(1), 15A.0652, 15A.160, 605.150, 635.095, and 640.120 for administrative regulations.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The regulation provides direction and information to department staff and juveniles concerning the day treatment program.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
Not applicable
(c) How the amendment conforms to the content of the authorizing statutes:
Not applicable
(d) How the amendment will assist in the effective administration of the statutes:
Not applicable
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately 38 DJJ day treatment employees, 156 juveniles, and their families.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
The DJJ staff and juveniles will have to follow the requirements of the day treatment program.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The administrative regulation will assist in the effective and orderly management of the day treatment programs.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(b) On a continuing basis:
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
DJJ budgeted funds for the biennium.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in funding is not anticipated.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fee.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Department of Juvenile Justice and school district employees involved in a day treatment program
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.065, 15A.0652, 15A.160, 200.080-200.120, 605.150, 635.095, 640.120, 645.250, Chapters 600-645
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will not create any revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will not create any revenue.
(c) How much will it cost to administer this program for the first year?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(d) How much will it cost to administer this program for subsequent years?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation is not anticipated to generate any cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation is not anticipated to generate any cost savings.
(c) How much will it cost the regulated entities for the first year?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(d) How much will it cost the regulated entities for subsequent years?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] A major economic impact to the agency is not anticipated.