Title 505 | Chapter 001 | Regulation 270
PREVIOUS VERSION
The previous document that this document is based upon is available.
505 KAR 1:270.Grievances.
Section 1.
General Information.(1)
Staff shall explain the grievance process to a juvenile upon intake and post the process in the program and living areas. The handbook shall include instructions for the grievance process.(2)
A juvenile shall have the right to file a grievance without fear of retaliation.(3)
A juvenile may file a grievance regarding the following:(a)
Violation of federal or state law;(b)
Violation of department policies and procedures;(c)
Violation of department standard operating procedures;(d)
Claimed unsafe or unsanitary living conditions within the facility or program; or(e)
The level of care provided within the facility or program.(4)
A juvenile shall not file a grievance on issues already grieved and decided.(5)
Non-grievable issues shall include:(a)
Court decisions;(b)
Disciplinary review decisions; and(c)
Legislative actions.(6)
An untimely filed grievance or one that concerns a non-grievable issue shall be returned to the juvenile with an explanation.(7)
A grievance that is missing information shall be returned to the juvenile explaining the information needed and the juvenile shall have five business days to return the grievance with the missing information. The time for a grievance response shall not begin until the grievance is returned with the missing information.(8)
Grievance forms shall be located in an area that is easily accessible to the juveniles and each facility shall provide one or more clearly marked lockboxes for the submission of a grievance. The lockbox shall be in an open area accessible to all juveniles.(9)
Each facility shall have a designated grievance officer. The grievance officer shall manage the lockboxes and oversee the grievance process.(10)
Deadline. A grievance shall be submitted by the juvenile within fourteen (14) days of the grieving incident occurrence. If the juvenile files a grievance after the deadline, the juvenile shall explain the reason for the delay on the grievance form when the grievance is filed for a delay determination by the facility manager. The exception to this shall be if the incident falls under the classification of a Prison Rape Elimination Act occurrence. A PREA incident shall not have a time limit applied.(11)
Informal Resolution. Prior to filing a grievance, an effort shall be made to resolve the issue informally. The juvenile shall discuss the matter either with the staff person involved or the grievance officer. In determining whether to deny a grievance for failure to attempt informal resolution, the grievance officer shall consider the juvenile's and staff person's ability or barriers to informally resolve the grievance issue.(12)
Special Incident and PREA. A special incident shall not be handled informally or through the grievance process and shall be reported immediately to the facility manager and Internal Investigation Branch. A PREA incident shall be reported through the hotline or in writing to the commissioner or director of compliance.Section 2.
Grievance Process.(1)
The grievance form shall be submitted in writing and signed and dated by the juvenile. The grievance shall include:(a)
Name of the juvenile filing the grievance;(b)
Name of facility;(c)
Details concerning the issue being grieved;(d)
Date of occurrence being grieved;(e)
Information concerning the effort to informally resolve the issue; and(f)
The desired resolution.(2)
If a juvenile is unable to adequately express the grievance in writing, the juvenile shall be allowed to present the grievance to the designated grievance officer verbally. The designated grievance officer shall make a written summary of the verbal grievance on a grievance form and have the juvenile sign and date it.(3)
A grievance or notification of intent to present a verbal grievance shall be deposited, by the juvenile, into a grievance lockbox.(4)
Grievances shall be retrieved from the lockbox within twenty-four (24) hours for juvenile detention centers and within two (2) business days for group homes, YDCs, and day treatment centers.(5)
The juvenile shall receive a written response with findings within three (3) business days. If a grievance is a medical issue, a facility nurse or regional nurse shall be involved in the resolution process at the facility level.(6)
A juvenile may withdraw a current or previously filed grievance at any time.(7)
The juvenile shall acknowledge all grievance findings, including withdrawals, with their signature. The grievance officer shall document any refusals to acknowledge the grievance findings on the grievance form.(8)
A copy of the grievance shall be placed in the juvenile's individual client record and a copy shall be given to the juvenile.Section 3.
Grievance Appeal Process.(1)
If dissatisfied with the resolution, within forty-eight (48) hours, the juvenile may appeal the resolution of the grievance to the facility manager by indicating on the grievance form that the juvenile is appealing and depositing it into the lockbox. The juvenile shall provide all previous information submitted.(2)
Within three (3) business days of receiving the appealed grievance resolution, the facility manager shall meet with the designated grievance officer and the juvenile and may meet with the staff involved and other witnesses.(3)
The facility manager shall have up to five (5) business days to present a written final response to the juvenile.Section 4.
Grievance Process Deadlines.(1)
If the grievance process deadlines are not met by the juvenile, the juvenile shall explain the reason for the delay in filing the grievance on the grievance form when the grievance is filed.(2)
The grievance officer shall forward the grievance delay explanation to the facility manager to determine if the grievance may proceed through the process. The facility manager shall decide this within twenty-four (24) hours of receipt and return the grievance to the grievance officer for further steps. The grievance officer shall deny the grievance with an explanation if the delay is not approved by the facility manager or an explanation for the delay is not made by the juvenile.(3)
If the time frames are not met by the grievance officer, the grievance shall automatically be referred to the facility manager by the grievance officer. The facility manager shall follow the grievance appeal process deadlines in this section.(4)
If an essential party is unavailable, the time frames may be extended by the facility manager. The reason for the extension shall be noted on the grievance documentation.(5)
If more than ten (10) grievances are received by the grievance officer in any one (1) work week, the grievance officer may call a moratorium on the time limits for those grievances.Section 5.
Grievance Limits. If the facility manager determines that a juvenile has abused the grievance process by filing numerous frivolous or harassing grievances, the facility manager may limit the number of grievances which may be filed by the juvenile. A juvenile whose grievances have been limited shall be allowed to file no more than one (1) grievance every ten (10) business days. This limitation shall be placed into effect for no more than six (6) months at which time the juvenile may apply to the facility manager for removal of restricted status. Restrictions shall be removed or extended for periods not to exceed six (6) months at each application for release.HISTORY: (50 Ky.R. 245, 1091; eff. 3-5-2024.)
VICKI REED, Commissioner
APPROVED BY AGENCY: October 12, 2023
FILED WITH LRC: October 12, 2023 at 3:15 p.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 the grievance process for juveniles in the custody of the department or attending a department day treatment program.
(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 staff duties and the procedures that govern operations of facilities with juveniles in the custody of the department.
(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 670 DJJ employees, 504 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:
Staff will be trained in how to handle and respond to grievances. Juveniles and their families will be informed of the juvenile’s right to file a grievance and the procedure for grievances.
(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 department and its facilities.
(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
(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, 15A.305, 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 for the purchase of equipment and provision of training is not anticipated.
505 KAR 1:270.Grievances.
Section 1.
General Information.(1)
Staff shall explain the grievance process to a juvenile upon intake and post the process in the program and living areas. The handbook shall include instructions for the grievance process.(2)
A juvenile shall have the right to file a grievance without fear of retaliation.(3)
A juvenile may file a grievance regarding the following:(a)
Violation of federal or state law;(b)
Violation of department policies and procedures;(c)
Violation of department standard operating procedures;(d)
Claimed unsafe or unsanitary living conditions within the facility or program; or(e)
The level of care provided within the facility or program.(4)
A juvenile shall not file a grievance on issues already grieved and decided.(5)
Non-grievable issues shall include:(a)
Court decisions;(b)
Disciplinary review decisions; and(c)
Legislative actions.(6)
An untimely filed grievance or one that concerns a non-grievable issue shall be returned to the juvenile with an explanation.(7)
A grievance that is missing information shall be returned to the juvenile explaining the information needed and the juvenile shall have five business days to return the grievance with the missing information. The time for a grievance response shall not begin until the grievance is returned with the missing information.(8)
Grievance forms shall be located in an area that is easily accessible to the juveniles and each facility shall provide one or more clearly marked lockboxes for the submission of a grievance. The lockbox shall be in an open area accessible to all juveniles.(9)
Each facility shall have a designated grievance officer. The grievance officer shall manage the lockboxes and oversee the grievance process.(10)
Deadline. A grievance shall be submitted by the juvenile within fourteen (14) days of the grieving incident occurrence. If the juvenile files a grievance after the deadline, the juvenile shall explain the reason for the delay on the grievance form when the grievance is filed for a delay determination by the facility manager(11)
Informal Resolution. Prior to filing a grievance, an effort shall be made to resolve the issue informally. The juvenile shall discuss the matter either with the staff person involved or the grievance officer. In determining whether to deny a grievance for failure to attempt informal resolution, the grievance officer shall consider the juvenile's and staff person's ability or barriers to informally resolve the grievance issue.(12)
Special Incident and PREA. A special incident shall not be handled informally or through the grievance process and shall be reported immediately to the facility managerSection 2.
Grievance Process.(1)
The grievance form shall be submitted in writing and signed and dated by the juvenile. The grievance shall include:(a)
Name of the juvenile filing the grievance;(b)
Name of facility;(c)
Details concerning the issue being grieved;(d)
Date of occurrence being grieved;(e)
Information concerning the effort to informally resolve the issue; and(f)
The desired resolution.(2)
If a juvenile is unable to adequately express the grievance in writing, the juvenile shall be allowed to present the grievance to the designated grievance officer verbally. The designated grievance officer shall make a written summary of the verbal grievance on a grievance form and have the juvenile sign and date it.(3)
A grievance or notification of intent to present a verbal grievance shall be deposited, by the juvenile, into a grievance lockbox.(4)
Grievances shall be retrieved from the lockbox within twenty-four (24) hours for juvenile detention centers and within two (2) business days for group homes, YDCs, and day treatment centers.(5)
The juvenile shall receive a written response with findings within three (3) business days. If a grievance is a medical issue, a facility nurse or regional nurse shall be involved in the resolution process at the facility level.(6)
A juvenile may withdraw a current or previously filed grievance at any time.(7)
The juvenile shall acknowledge all grievance findings, including withdrawals, with their signature. The grievance officer shall document any refusals to acknowledge the grievance findings on the grievance form.(8)
A copy of the grievance shall be placed in the juvenile's individual client record and a copy shall be given to the juvenile.Section 3.
Grievance Appeal Process.(1)
If dissatisfied with the resolution, within forty-eight (48) hours, the juvenile may appeal the resolution of the grievance to the facility manager(2)
Within three (3) business days of receiving the appealed grievance resolution, the facility manager(3)
The facility managerSection 4.
Grievance Process Deadlines.(1)
If the grievance process deadlines are not met by the juvenile, the juvenile shall explain the reason for the delay in filing the grievance on the grievance form when the grievance is filed.(2)
The grievance officer shall forward the grievance delay explanation to the facility manager(3)
If the time frames are not met by the grievance officer, the grievance shall automatically be referred to the facility manager(4)
If an essential party is unavailable, the time frames may be extended by the facility manager(5)
If more than ten (10) grievances are received by the grievance officer in any one (1) work week, the grievance officer may call a moratorium on the time limits for those grievances.Section 5.
Grievance Limits. If the facility managerHISTORY: (50 Ky.R. 245, 1091; eff. 3-5-2024.)
VICKI REED, Commissioner
APPROVED BY AGENCY: October 12, 2023
FILED WITH LRC: October 12, 2023 at 3:15 p.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 the grievance process for juveniles in the custody of the department or attending a department day treatment program.
(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 staff duties and the procedures that govern operations of facilities with juveniles in the custody of the department.
(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 670 DJJ employees, 504 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:
Staff will be trained in how to handle and respond to grievances. Juveniles and their families will be informed of the juvenile’s right to file a grievance and the procedure for grievances.
(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 department and its facilities.
(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
(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, 15A.305, 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 for the purchase of equipment and provision of training is not anticipated.