"Department" means the Department of Juvenile Justice.

“Detention center” or “juvenile detention center” means a local, regional, or state publicly or privately operated, secure custody facility that houses individuals who are ordered to be detained pursuant to the Code of Virginia or under custody of the federal government and housed in the detention facility pursuant to a contract with the federal government.

“Direct care employee” means an employee whose primary job responsibilities are: (i) maintaining the safety, care, and well-being of residents; (ii) implementing the structured program of care and the behavior management program; and (iii) maintaining the security of the facility. For purposes of federal programs in juvenile correctional centers, the term “direct care employee” shall include a security employee assigned, either on a primary or as-needed basis, to perform the duties of clauses (i) through (iii) of this definition and who is required to receive initial and annual training in these areas in order to carry out the responsibilities in clauses (i) through (iii) of this definition.

“Director” means the director of the department.

“Facility administration” means the juvenile correctional center superintendent or the superintendent’s designee.

“Facility administrator” means the individual who is responsible for the on-site management and operation of the detention center on a regular basis.

“Federal program” means a residential program operated in a juvenile correctional center or juvenile detention center pursuant to a written agreement with an agency of the federal government in which an administrator agrees to house and provide 24-hour supervision to youth under legal custody of the federal agency.

"Federal resident" means a resident in a federal program.

“Gender identity” means a person’s internal sense of being male, female, or neither, regardless of the person’s sex assigned at birth.

“Juvenile correctional center” means a public or private facility operated by or under contract with the department where care is provided to: (i) residents under the direct care of the department, or (ii) residents under custody of the federal government and housed in the correctional facility, 24 hours a day, seven days a week.

“Mechanical restraint” means an approved mechanical device that involuntarily restricts the freedom of movement or voluntary functioning of a limb or portion of an individual's body as a means of controlling the individual's physical activities when the individual being restricted does not have the ability to remove the device. For purposes of this chapter, mechanical restraints shall include flex cuffs, handcuffs, leather restraints, leg irons, restraining belts and straps, and waist chains.

"Mechanical restraint chair" means an approved chair used to restrict the freedom of movement or voluntary functioning of a portion of an individual’s body as a means of controlling the individual's physical activities while the individual is seated and either stationary or being transported.

"Mental health clinician" means a clinician licensed to provide assessment, diagnosis, treatment planning, treatment implementation, and similar clinical or counseling services, or a license-eligible clinician providing services under supervision of a licensed mental health clinician.

“Parent or legal guardian” means (i) a biological or adoptive parent who has legal custody of a resident, including either parent if custody is shared under a joint decree or agreement; (ii) a biological or adoptive parent with whom a resident regularly resides; (iii) a person judicially appointed as a legal guardian of a resident; or (iv) a person who exercises the rights and responsibilities of legal custody by delegation from a biological or adoptive parent, upon provisional adoption, or otherwise by operation of law.

"Physical restraint" means the application of behavior intervention techniques involving a physical intervention to prevent an individual from moving all or part of that individual's body.

"Protective device" means an approved device placed on a portion of a resident’s body to protect the resident or staff from injury.

“Security employee” means an employee in a juvenile correctional center who is responsible for maintaining the safety, care, and well-being of residents and the safety and security of the facility.

"Spit guard" means a device designed for the purpose of preventing the spread of communicable diseases as a result of spitting or biting.

This chapter applies to juvenile detention centers and juvenile correctional centers operating federal programs. Part I (6VAC35-200-10 et seq.) applies to federal programs operated by both juvenile detention centers and juvenile correctional centers. Part II (6VAC35-200-60 et seq.) applies solely to federal programs operated in juvenile detention centers. Part III (6VAC35-200-360 et seq.) applies solely to federal programs operated in juvenile correctional centers.

A. All employees who are expected to have direct contact on a regular basis with federal residents shall receive initial training in the following topics before they may work independently with federal residents:

1. Cultural background implications, which shall address:

a. Awareness of and sensitivity to the importance of considering different cultural backgrounds;

b. The impact of various cultural backgrounds on resident experiences, relationships, communication, and behavior;

c. Potential challenges associated with an undocumented status in the United States; and

d. Potential for acculturative stress and possible impacts.

2. Cognitive behavioral interventions, which shall address:

a. Helping residents develop an awareness of their thinking;

b. Supporting skill development in the areas of healthy emotional, cognitive, and behavioral responses;

c. Understanding adolescent development and the impact on behavior;

d. Assisting with relationship building among residents, their peers, and staff; and

e. Working with residents in collaborative problem solving.

3. Trauma-informed care, which shall address:

a. Awareness of trauma, including the types of trauma that might be specific to the population;

b. Impacts of trauma on residents’ social, emotional, cognitive, and behavioral functioning;

c. Coping skills; and

d. Effective staff responses.

4. De-escalation techniques, which shall include both methods for preventing escalation and intervening to de-escalate and resolve conflicts or distress when they occur.

B. All employees who are expected to have direct contact on a regular basis with federal residents shall complete annual refresher training in the topics required in subsection A of this section.

C. The facility administrator or facility administration, as applicable, shall maintain documentation of completed training for a minimum of three years for each individual subject to the training requirements in this section.

A. Interpretation and translation services shall be available at all times to all federal residents who have limited English proficiency.

B. The facility administrator or facility administration, as applicable, shall ensure that at least one bilingual staff is accessible to the federal program.

The facility administrator or facility administration, as applicable, shall ensure that culturally relevant programming is available to residents in federal programs. The programming shall be developed with consideration of the cultural needs, preferences, and differences of the populations served.

In addition to the applicable requirements in this chapter, federal programs in juvenile detention centers shall comply with each section of the Regulations Governing Juvenile Secure Detention Centers (6VAC35-101) with the exception of the following provisions:

1. 6VAC35-101-20
2. 6VAC35-101-45
3. 6VAC35-101-80
4. 6VAC35-101-90
5. 6VAC35-101-100
6. 6VAC35-101-330
7. 6VAC35-101-340
8. 6VAC35-101-510
9. 6VAC35-101-540
10. 6VAC35-101-630
11. 6VAC35-101-680
12. 6VAC35-101-750
13. 6VAC35-101-790
14. 6VAC35-101-800
15. 6VAC35-101-820
16. 6VAC35-101-840
17. 6VAC35-101-860
18. 6VAC35-101-1090
19. 6VAC35-101-1100
20. 6VAC35-101-1105
21. 6VAC35-101-1130
22. 6VAC35-101-1140
23. 6VAC35-101-1145
24. 6VAC35-101-1153
25. 6VAC35-101-1154
26. 6VAC35-101-1155
27. 6VAC35-101-1156
28. 6VAC35-101-1157
29. 6VAC35-101-1158
30. Part IX, 6VAC35-101-1160 through 6VAC35-101-1270.

A. When a facility administrator enters into an agreement with a federal governmental entity for the purpose of operating a federal program, the agreement shall satisfy the following requirements:

1. The agreement shall be in writing;

2. The agreement shall require the program housing the juvenile to comply with 6VAC35-20, Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities and this chapter; and

3. For purposes of demonstrating compliance with this chapter, the agreement shall allow the department the same access to juveniles in the federal program and to their records and reports as currently authorized for all other residents in the detention center under § 16.1-309.10 of the Code of Virginia and 6VAC35-20.

B. Upon entering into the agreement, the facility administrator shall: (i) notify the department immediately, and (ii) provide the department with a copy of the written agreement.

C. Nothing in this section shall prevent the facility administrator and the federal government from agreeing that services and treatment shall exceed the requirements of this chapter for juveniles in the federal program.

A. The following events shall be reported within 24 hours to (i) either the parent or legal guardian, as appropriate and applicable, and (ii) the director or the director’s designee:

1. A serious incident, accident, illness, or injury to the resident;

2. The death of a resident;

3. A suspected case of child abuse or neglect at the detention center, on a detention center-sponsored event or excursion, or involving detention center staff as provided in 6VAC35-200-90;

4. A disaster, fire, emergency, or other condition that may jeopardize the health, safety, and welfare of residents;

5. A resident’s absence from the detention center without permission; and

6. The use of the mechanical restraint chair by facility staff, regardless of the purpose or duration of use.

B. If an incident involving the death of a resident occurs at the facility, facility staff shall notify the parents or legal guardians, as appropriate and applicable, of all residents in the federal program provided such notice does not violate any confidentiality requirements or jeopardize any law-enforcement or child protective services investigation or the prosecution of any criminal case related to the incident.

C. Facility staff shall (i) prepare and maintain a written report of the events listed in subsections A and B of this section and (ii) submit a copy of the written report to the director or the director’s designee. The report shall contain the following information:

1. The date and time the incident occurred;

2. A brief description of the incident;

3. The action taken as a result of the incident;

4. The name of the person who completed the report;

5. The name or identifying information of the person who made the report to the director, and either the parent or legal guardian, as appropriate and applicable, and the date and time on which the report was made;

6. The name or identifying information of the person to whom the report was made, including any law-enforcement or child protective services personnel, or other applicable agency; and

7. For cases alleging abuse or neglect: (i) a statement from the victim of the alleged abuse or neglect; (ii) a statement from all staff and residents who observed the alleged abuse or neglect; and (iii) medical records if a medical examination is conducted in connection with the allegation of abuse or neglect.

D. In addition to the requirements of this section, serious incidents involving an allegation of child abuse or neglect at the detention center, at a detention center-sponsored event, or involving detention center staff shall be governed by 6VAC35-200-90.

E. The federal resident's case record shall contain a written reference (i) that an incident occurred and (ii) of all applicable reporting.

A. When there is reason to suspect that a resident in a federal program is an abused or neglected child, the matter shall be reported immediately to the local department of social services or to the state Department of Social Services' toll-free child abuse and neglect hotline as required by § 63.2-1509 of the Code of Virginia and in accordance with written procedures.

B. Written procedures shall be distributed to all staff members and shall at a minimum provide for:

1. Handling accusations against staff,

2. Reporting and documenting suspected cases of child abuse and neglect,

3. Cooperating during an investigation, and

4. Measures to be taken to ensure the safety of the residents and the staff.

C. Cases of suspected child abuse or neglect against a resident shall be reported and documented as required in 6VAC35-200-80. The resident's record shall contain a written reference that a report was made.

D. If a serious incident alleging child abuse or neglect is reported and the facility determines that video footage associated with the allegation can be accessed and extracted from a running video record, staff shall extract and maintain the applicable video footage until all investigations for the underlying allegation have concluded and at least three years have passed since the conclusion of the investigation.

A. Written procedure shall require that residents are oriented to and have continuing access to a grievance procedure that provides for:

1. Resident participation in the grievance process with assistance from staff upon request;

2. Investigation of the grievance by an impartial, objective employee who is not the subject of the grievance;

3. Documented, timely responses to all grievances with the reasons for the decision, in accordance with written procedures;

4. At least one level of appeal;

5. Administrative review of grievances;

6. Protection of residents from retaliation or threat of retaliation for filing a grievance; and

7. Hearing of an emergency grievance within eight hours.

B. Residents shall be oriented to the grievance procedure in an age and developmentally appropriate manner.

C. The grievance procedure shall be (i) written in clear and simple language and (ii) posted in an area easily accessible to residents and their parents and legal guardians.

D. Staff shall assist and work cooperatively with other employees in facilitating the grievance process.

A. A separate written case record shall be maintained for each resident in a federal program, which shall include all correspondence and documents generated or received by the federal program relating to the care of that resident and documentation of all case management services provided.

B. Separate health care records, including behavioral health records, as applicable, and medical records, shall be kept on each federal resident. Behavioral health records may be kept separately from other health care records. The federal resident’s active health care records shall be kept in accordance with this section, 6VAC35-101-1030, and applicable laws and regulations.

C. Each case record and health care record shall be kept (i) up to date, (ii) in a uniform manner, and (iii) confidential from unauthorized access.

D. The facility shall have written procedures in place for the maintenance and management of case records in federal programs. The procedures for managing resident written records shall address confidentiality, accessibility, security, and retention of records pertaining to federal residents including:

1. Access, duplication, dissemination, and acquisition of information, restricted to persons legally authorized according to applicable federal and state laws;

2. Security measures to protect records from loss, unauthorized alteration, inadvertent or unauthorized access, and disclosure of information

3. Security measures to protect records during transportation between service sites;

4. Designation of the person responsible for records management;

5. Explanation of the record information available to the federal resident, how to access that information, and the recourse available to federal residents when their record information requests are denied;

6. Disposition of records when a resident is discharged from the federal program; and

7. Disposition of records if the detention center ceases to operate or terminates its contract with the applicable federal governmental entity.

E. The facility shall maintain documentation of the program’s authority to retain, release, transfer, or destroy any records maintained by the federal program.

F. Active and closed records shall be kept in secure locations or compartments that are accessible only to authorized employees and shall be protected from unauthorized access, fire, and flood.

G. Each resident's written case records and health care records shall be stored separately subsequent to the resident's discharge in accordance with applicable statutes and regulations.

A. At the time of admission, each resident’s record shall include, at a minimum, a completed face sheet that contains the following:

1. The resident’s full name, last known residence, birth date, birthplace, sex, gender identity, race, primary language, preferred language, unique numerical identifier, religious preference, and admission date.

2. Names, addresses, and telephone numbers of emergency contacts and parents or legal guardians, if available, and as appropriate and applicable; and

3. Name and telephone number of the supervising agency.

B. The face sheet shall be updated when changes occur and maintained as a part of the resident’s record.

A. The facility administrator or the facility administrator’s designee shall develop a written emergency preparedness and response plan which shall address:

1. Documentation of contact with the local emergency coordinator to determine (i) local disaster risks; (ii) communitywide plans to address different disasters and emergency situations; and (iii) assistance, if any, that the local emergency management office will provide to the detention center in an emergency;

2. Analysis of the detention center's capabilities and potential hazards, including natural disasters, severe weather, fire, flooding, workplace violence or terrorism, missing persons, severe injuries, or other emergencies that would disrupt the normal course of service delivery;

3. Written emergency management procedures outlining specific responsibilities for provision of administrative direction and management of response activities; coordination of logistics during the emergency; communications; life safety of employees, contractors, interns, volunteers, visitors, and residents; property protection; fire protection service; community outreach; and recovery and restoration;

4. Written emergency response procedures for assessing the situation; protecting residents, employees, contractors, interns, volunteers, and visitors; equipment and vital records; and restoring services. Emergency procedures shall address:

a. Communicating with employees, contractors, and community responders;

b. Warning and notifying residents;

c. Providing emergency access to secure areas and opening locked doors;

d. Conducting evacuations to emergency shelters or alternative sites and accounting for all residents;

e. Relocating residents, if necessary;

f. Notifying parents and legal guardians, as applicable and appropriate;

g. Alerting emergency personnel and sounding alarms;

h. Locating and shutting off utilities when necessary; and

i. Providing for a planned, personalized means of effective evacuation for individuals with disabilities who require special accommodations, such as deaf, blind, and nonambulatory individuals.

5. Supporting documents that would be needed in an emergency, including emergency call lists, building and site maps necessary to shut off utilities, designated evacuation routes, and lists of major resources such as local emergency shelters; and

6. Schedule for testing the implementation of the plan and conducting emergency preparedness drills.

B. Emergency preparedness and response training shall be developed and required for all employees to ensure they are prepared to implement the emergency preparedness plan in the event of an emergency. Such training shall be conducted in accordance with 6VAC35-101-190 through 6VAC35-101-200 and shall outline the employees' responsibilities for:

1. Alerting emergency personnel and sounding alarms;

2. Implementing evacuation procedures, including evacuation of individuals with disabilities who require special accommodations, such as deaf, blind, and nonambulatory individuals;

3. Using, maintaining, and operating emergency equipment;

4. Accessing emergency information for residents including medical information; and

5. Utilizing community support services.

C. Contractors, volunteers, and interns shall be oriented in their responsibilities in implementing the evacuation plan in the event of an emergency. The orientation shall be in accordance with the requirements of 6VAC35-101-185 and 6VAC35-101-187.

D. An annual review of the emergency preparedness plan shall be conducted and documented, and revisions shall be made as deemed necessary. Such revisions shall be communicated to employees, contractors, interns, and volunteers and incorporated into training for employees, contractors, interns and volunteers, and orientation of residents to services.

E. If a disaster, fire, emergency, or any other condition occurs that may jeopardize the health, safety, and welfare of residents, the detention center shall take appropriate actions to protect the health, safety, and welfare of the residents and to remedy the conditions as soon as possible.

F. If a disaster, fire, emergency, or any other condition occurs that may jeopardize the health, safety, and welfare of residents, the detention center first shall respond and stabilize the disaster or emergency. Once the disaster or emergency is stabilized, detention center staff shall report the disaster or emergency to the parents or legal guardians and the director no later than 24 hours after the incident occurs in accordance with 6VAC35-200-80. Additionally, the facility administrator or the facility administrator’s designee shall report to the director or the director’s designee within 24 hours of the incident the conditions at the detention center.

G. Floor plans showing primary and secondary emergency exits shall be posted on each floor in locations where they are clearly visible to staff and residents.

H. The resident's responsibility to implement the emergency and evacuation procedures shall be communicated to all residents within seven days following admission or a substantive change in the procedures.

I. The detention center shall conduct at least one evacuation drill in which its emergency procedures are simulated each month in each building occupied by residents. During any three consecutive calendar months, at least one evacuation drill shall be conducted during each shift.

J. Evacuation drills shall include, at a minimum:

1. Sounding of emergency alarms;

2. Practice in evacuating buildings;

3. Practice in alerting emergency authorities;

4. Simulated use of emergency equipment; and

5. Practice in accessing resident emergency information.

K. A record shall be maintained for each evacuation drill and shall include the following:

1. The building in which the drill was conducted;

2. The date and time of the drill;

3. The amount of time taken to evacuate the buildings;

4. The specific problems encountered, if applicable;

5. The staff tasks completed, including head counts and practice in notifying emergency authorities:

6. The name of the staff members responsible for conducting and documenting the drill and preparing the record.

L. One staff member shall be assigned who shall ensure that all requirements regarding the emergency preparedness and response plan and the evacuation drill program are met.

Written procedures shall govern the actions staff must take to address a resident's escape or unauthorized absence from the facility.

A. Except as otherwise provided in 6VAC35-200-160, detention center staff shall follow the requirements of this section if a resident in a federal program requires transportation.

B. Each detention center shall have transportation available or make the necessary arrangements for facility-approved and emergency transportation of residents.

1. Each detention center shall be responsible for transporting federal residents to all local medical and dental appointments and all local psychological and psychiatric evaluations, as applicable.

2. Unless otherwise provided by agreement, the detention center shall not be required to transport youth to appointments that are outside of the geographical boundaries of the Commonwealth or that are more than 25 miles from the facility in one direction.

3. A facility administrator may assign its own staff to transport a federal resident or may enter into an agreement or contract with a public or private agency to provide the transportation services for the juvenile.

C. Written safety and security procedures shall be implemented governing the use of vehicles and the transportation of residents outside the detention center and from one jurisdiction to another. At a minimum, the written procedures shall provide the following:

1. No juvenile federal resident shall be transported with an adult suspected of or charged with a criminal act.

2. If a person or entity other than the detention center assumes custody of the resident for purposes of transportation, the detention center shall:

a. Provide the person or entity, except the resident's parent or guardian, with a written document that identifies any pertinent information known to the detention center concerning the resident’s immediate medical needs or mental health condition that reasonably could be considered necessary for the resident’s safe transportation and supervision, including the resident's recent suicidal ideations or suicide attempts. Any such information shall remain confidential in the same manner as records protected under § 16.1-300 of the Code of Virginia and applicable rules and regulations regarding confidentiality of juvenile records.

b. Provide the individual transporting the resident with any medication the resident may be required to take during transport or while absent from the facility.

3. The frequency and manner of searches of residents, the manner by which communications will be accomplished during transit, the ratio of staff to residents, and the parameters for use of mechanical restraints shall be in accordance, respectively, with 6VAC35-101-560, 6VAC35-101-580, 6VAC35-101-900, and 6VAC35-200-270, and shall accord with written procedures.

4. If the vehicle transporting the resident becomes inoperable, is involved in an accident, or encounters a similar emergency, the individual transporting the resident shall notify the individual's agency immediately and contact local law enforcement for assistance, if necessary. Detention center staff transporting residents shall observe the required staffing ratios and shall never leave a resident unattended.

5. If a juvenile absconds during transport, the detention center staff conducting the transport shall report the incident immediately in accordance with 6VAC35-200-80.

6. If a juvenile requires a meal during transit, the detention center shall provide a bagged lunch, if feasible.

D. Written procedure shall provide for the verification of appropriate licensure for staff whose duties involve transporting residents.

E. The detention center shall observe the following if a resident requires transport to a local medical or dental appointment:

1. If detention center staff transport the detained juvenile to a local medical or dental appointment as authorized in subdivision B 3 of this section, the detention center shall not be obligated to pay for any costs associated with the appointment, unless provided for otherwise by agreement.

2. The detention center may require notice of the date and time of the local medical appointment, dental appointment, or psychological and psychiatric evaluation at least 72 hours in advance.

F. When the medical staff of a detention center have made a written determination that a resident's medical condition can be treated without transporting the resident to a routine or previously scheduled appointment, the detention center is not required to transport the resident unless ordered by a court.

A. Only juvenile detention center staff or law-enforcement personnel, excluding the Department of the State Police, may transport violent and disruptive juveniles.

B. Consistent with the requirements in § 16.1-345 of the Code of Virginia, if a court commits a federal resident to a mental hospital or training center for observation, the committing court shall designate the appropriate law-enforcement agency or other agency or party, other than the Department of State Police, to transport the juvenile.

A. A resident's contacts and visits with family or legal guardians shall not be subject to unreasonable limitations, and any limitations shall be implemented only as permitted by written procedures, other applicable regulations, the supervising federal entity, or by order of a court.

B. Residents shall be permitted reasonable visiting privileges and, whenever possible, flexible visiting hours, consistent with written procedures that take into account (i) the need for security and order, (ii) the behavior of the residents and visitors, and (iii) the importance of helping the resident maintain strong family and community ties.

C. Visitation procedures shall be provided upon request to the parent or legal guardian, as appropriate and applicable, other approved or verified individuals, and the residents.

A. Reading materials that are appropriate to residents' ages and levels of competency shall be available to all residents. Staff shall make reasonable efforts to provide the materials in a language the resident can understand.

B. Written procedure shall be developed and implemented governing resident access to publications.

Residents shall not be used in fundraising activities without the written permission of the parent or legal guardian, as applicable, and the appropriate federal entity, and without the written consent of the residents.

A. Written procedure governing the admission and orientation of residents in federal programs shall provide for the following:

1. Verification of legal authority for placement;

2. Search of the resident and the resident’s possessions, including inventory and storage or disposition of property, as appropriate and required by this section and 6VAC35-101-810;

3. A general assessment of the resident’s physical condition by staff. The facility administrator or the facility administrator’s designee shall not admit for custody an individual who is (i) visibly under the influence of alcohol or drugs and deemed to require medical attention or (ii) in need of immediate emergency medical attention, until the individual has received written medical clearance from a physician or mental health clinician in an outside medical setting.

4. Health screening of the resident as required by 6VAC35-101-980.

5. Mental health screening of the resident as required by 6VAC35-200-210;

6. Notice to the parent or legal guardian of admission, during which facility staff shall ask whether the resident has any immediate medical concerns or conditions;

7. Provision to the parent or legal guardian of information on (i) visitation, (ii) how to request information, and (iii) how to register concerns and complaints with the facility.

8. Interview with the resident to answer questions and obtain information; and

9. Explanation to the resident of program services and schedules.

B. The resident shall receive an orientation to the following:

1. The behavior management program as required by 6VAC35-101-1070.

a. During the orientation, residents shall be given written information describing rules of conduct, the sanctions for rule violations, and the disciplinary process. This information shall be explained to the resident and documented by the dated signature of the resident and staff.

b. If substantive revisions are made to the behavior management program, the facility administration shall ensure that residents and direct care employees receive notice of these revisions in writing prior to implementation.

2. The grievance procedure as required by 6VAC35-200-100;

3. The disciplinary process as required by 6VAC35-101-1080;

4. The resident’s responsibilities in implementing the emergency procedures as required by 6VAC35-200-130;

a. These responsibilities shall be communicated to residents in federal programs within seven days following admission or a substantive change in the procedures.

b. Facility staff shall conduct and document an annual review of the emergency preparedness plan, and revisions shall be made as deemed necessary. Revisions to the plan shall be incorporated into orientation of residents to services.

5. The residents’ rights, including the following:

a. The prohibited actions listed in 6VAC35-101-650;

b. The right to have additional precautions in place for residents identified as being a member of a vulnerable population pursuant to 6VAC35-101-655;

c. The protections provided for resident mail pursuant to 6VAC35-101-660;

d. The right to telephone calls pursuant to 6VAC35-101-670;

e. The right to reasonable visitation, limited only as permitted in 6VAC35-200-170;

f. The right to have (i) uncensored, confidential contact with their legal representatives, (ii) access to the courts; and (iii) freedom from compulsory questioning by law enforcement pursuant to 6VAC35-101-690;

g. The right to those personal necessities specified in 6VAC35-101-700;

h. The right to daily opportunities to shower, except as limited in 6VAC35-101-710;

i. Protection from routine sight supervision by certain staff members while bathing, dressing, or conducting toileting activities in accordance with 6VAC35-101-730;

j. Daily nutritionally balanced meals in accordance with 6VAC35-101-740;

k. Availability of reading materials appropriate to the residents’ ages and levels of competency, as set out in 6VAC35-200-180;

l. The reasonable right to participate in religious activities and freedom from coerced religious participation in accordance with 6VAC35-101-760;

m. Availability and access to a recreational program plan that satisfies the requirements of 6VAC35-101-770; and

n. Protection of residents’ funds, to be used only in accordance with 6VAC35-101-780; and

6. The record information available to the residents while residing in the facility, how to access the information, and the recourse available when record information requests are denied.

C. Detention center staff shall ensure that all information provided to the resident pursuant to this section is explained in a developmentally appropriate manner and is available in a format that is accessible to all residents, including those who are deaf, hard of hearing, visually impaired, or otherwise disabled or impaired or who have limited English reading skills or limited English proficiency.

A. Each resident shall undergo a mental health screening administered by trained staff to ascertain the resident's suicide risk level and need for a mental health assessment or emergency intervention.

B. The mental health screening shall include the following:

1. A preliminary mental health screening at the time of admission, consisting of a structured interview and observation, as provided in facility procedures; and

2. The administration of an objective, department-approved mental health screening instrument within 48 hours of admission. The facility may supplement the screening instrument with additional questions or observations, as authorized in the facility's written procedures.

C. If the mental health screening indicates that a mental health assessment is needed, the assessment shall be conducted within 24 hours of the determination.

D. If the preliminary or subsequent mental health screening indicates significant suicide risk or the need for emergency intervention, staff shall implement the facility’s suicide prevention program or take other steps as determined by a mental health clinician.

A. Residents shall be released from a federal program only in accordance with written procedure.

B. Each resident's record shall contain a copy of the documentation authorizing the resident's release.

C. Residents shall be released only as directed by the federal entity.

D. As applicable and appropriate, information concerning current medications, therapeutic interventions provided in the program, educational status, and other items important to the resident’s continuing care shall be provided to the parent, legal guardian, or legally authorized representative.

A. Each facility operating a federal program shall implement a comprehensive, planned, and structured daily routine, including appropriate supervision, designed to:

1. Meet the residents' physical, emotional, and educational needs;

2. Provide protection, guidance, and supervision; and

3. Ensure the delivery of program services.

B. The structured daily routine shall be followed for all weekday and weekend programs and activities. Deviations from the schedule shall be documented.

A. Written procedures governing room restriction shall address the following:

1. The actions or behaviors that may result in room restriction;

2. The factors that should be considered before placing a resident in room restriction, such as age, developmental level, or disability;

3. The circumstances under which a debriefing with the resident should occur, the party that should conduct the debriefing, and the topics that should be discussed in the debriefing, including the cause and impact of the room restriction and the appropriate measures post-release to support positive resident outcomes; and

4. When and under what conditions staff must consult with a mental health professional and monitor the resident as directed by the mental health clinician if a resident placed in room restriction exhibits self-injurious behavior.

B. Whenever a resident is placed in room restriction, staff shall check the resident visually at least every 15 minutes and more often if indicated by the circumstances.

C. Residents who are placed in room restriction shall be afforded the opportunity for at least one hour of large muscle activity outside of the locked room every calendar day unless the resident's behavior or other circumstances justify an exception. The reasons for any such exception shall be approved by the facility administrator or the facility administrator's designee and shall be documented.

D. Unless a resident is placed in disciplinary room restriction, as provided in 6VAC35-200-250, the resident shall be afforded the same opportunities as any other resident in general population, including treatment, education, and as much time out of the resident's room as security considerations allow. Exceptions may be made in accordance with established procedures when justified by clear and substantiated evidence.

E. If a resident is placed in room restriction for any reason for more than 24 hours, the facility administrator or the facility administrator's designee shall be notified and shall provide written approval for the continued room restriction. The written approval shall include a rationale of why the continued room restriction is necessary.

F. If the room restriction extends to more than 72 hours, the (i) restriction and (ii) steps being taken or planned to resolve the situation shall be reported immediately to the director or the director's designee. If this report is made verbally, it shall be followed immediately with a written, faxed, or secure email report in accordance with written procedures. For room restriction anticipated to exceed 72 hours, the medical and mental health status of the resident shall be assessed by a qualified medical health professional or mental health clinician within the initial 72-hour room restriction period and on a daily basis after the 72-hour period has elapsed until the resident is released from room restriction.

G. Room restriction shall not exceed five consecutive days except when ordered by a medical provider or a mental health clinician.

H. When placed in room restriction, the resident shall have a means of communication with staff, either verbally or electronically.

I. The facility administrator or the facility administrator's designee shall make daily personal contact with each resident who is placed in room restriction in order to ensure that all such residents, with the exception of those placed in disciplinary room restriction, are restricted only for the minimum amount of time required to address the resident's negative behavior or threat. During the daily visit, the facility administrator shall assess and document (i) whether the resident is prepared to return to the general population, unless the resident is placed in disciplinary room restriction for a specified time period; and (ii) whether the resident requires a mental health evaluation.

J. Residents who are placed in room restriction shall be housed no more than one to a room.

K. The provisions of this section shall apply to all forms of room restriction, including disciplinary room restriction, unless otherwise provided.

A. Unless otherwise provided, when a resident is placed in disciplinary room restriction, the provisions of 6VAC35-200-240 shall apply.

B. Written procedures governing disciplinary room restriction shall:

1. Specify that residents may be placed in room restriction only after application of the disciplinary process, as provided for in 6VAC35-101-1080; and

2. Comply with the behavior management requirements set out in 6VAC35-101-1070.

C. Residents placed in disciplinary room restriction generally shall not be permitted to participate in activities with other residents, and all activities are restricted unless an exception is issued by the facility administrator or the facility administrator's designee. The following activities, however, shall not be restricted: (i) eating, (ii) sleeping, (iii) personal hygiene, (iv) any legally required educational programming or special education services; and (v) large muscle activity, except as permitted in 6VAC35-101-1100 C. The facility administrator or the facility administrator's designee shall provide opportunities for residents placed in disciplinary room restriction to engage in reading or writing activities in accordance with the safety and security needs of the resident.

A. Physical restraint shall be used as a last resort only after less restrictive interventions have failed or to control residents whose behavior poses a risk to the safety of the resident, staff, or others.

1. Staff shall use the least force deemed reasonably necessary to eliminate the risk or to maintain security and order and shall never use physical restraint as punishment or with the intent to inflict injury.

2. Physical restraint may be implemented, monitored, and discontinued only by staff who have been trained in the proper and safe use of restraint in accordance with the requirements in 6VAC35-101-190 and 6VAC35-101-200.

B. Each detention center shall implement written procedures governing the use of physical restraint, which shall include:

1. The staff position that will write the report and time frame for completing the report;

2. The staff position that will review the report and time frame for completing the review;

3. Methods to be followed should physical restraint, less intrusive interventions, or measures permitted by other applicable state regulations prove unsuccessful in calming and moderating the resident's behavior; and

4. An administrative review of the use of each physical restraint to ensure conformity with the procedures.

C. Each application of physical restraint shall be fully documented in the resident's case record. The document shall include:

1. Date and time of the incident;

2. Staff involved;

3. Justification for the restraint;

4. Less restrictive behavior interventions that were unsuccessfully attempted before using physical restraint;

5. Duration of the restraint;

6. Description of the method or methods of physical restraint techniques used;

7. Signature of the person completing the report and

8. Reviewer's signature and date.

A. Mechanical restraints and protective devices may be used on federal residents for the following purposes subject to the restrictions enumerated in this section: (i) to control residents whose behavior poses an imminent risk to the safety of the resident, staff, or others; (ii) for purposes of controlled movement, either from one area of the facility to another or to a destination outside the facility, and (iii) to address emergencies.

B. A detention center that uses mechanical restraints or protective devices on federal residents shall observe the following general requirements:

1. Mechanical restraints and protective devices shall be used only for as long as necessary to address the purposes established in subsection A. Once the imminent risk to safety has abated, the federal resident has reached the intended destination within the facility or has returned to the facility from a destination offsite, or the emergency situation has been resolved, the mechanical restraint or protective device shall be removed;

2. The facility administrator or the administrator’s designee shall be notified immediately upon using mechanical restraints or protective devices in an emergency;

3. The facility may not use mechanical restraints or protective devices as a punishment or a sanction;

4. Federal residents may not be restrained to a fixed object or restrained in an unnatural position. For purposes of this section, securing a resident to a hospital bed or wheelchair may be permitted in an outside medical setting upon written approval by the facility administrator.

5. A mental health clinician or other qualifying licensed medical professional may order termination of a mechanical restraint or protective device at any time upon determining that the item poses a health risk.

6. Each use of a mechanical restraint or protective device, except when used to transport a federal resident or during video court hearing proceedings, shall be recorded in the resident's case file or in a central log book;

7. A written system of accountability shall be in place to ensure routine and emergency distribution of mechanical restraints and protective devices; and

8. All staff who are authorized to use mechanical restraints or protective devices shall receive training in such use in accordance with 6VAC35-101-190 and 6VAC35-101-200; and only trained staff shall use restraint or protective devices.

C. A detention center that uses a mechanical restraint to control a resident whose behavior poses a safety risk in accordance with subdivision A i of this section shall notify a health care provider and a mental health clinician before continuing to use the restraint and, if applicable, the accompanying protective device, if the imminent risk has abated, but facility staff deem continued use of the mechanical restraint necessary to maintain security due to the resident's ongoing credible threat of self injury or injury to others. This may include instances in which the federal resident verbally expresses the intent to continue the actions that required the restraint.

D. Detention center staff may not use a protective device on a federal resident unless such use is in connection with a restraint and shall remove the device when the resident is released from the restraint.

E. In addition to the requirements in subsections A through D of this section, if staff in a juvenile detention center use a spit guard to control a federal resident’s behavior, they shall observe the following requirements:

1. Staff may not use a spit guard on a federal resident unless it possesses the following characteristics:

a. The spit guard's design may not inhibit the resident's ability to breathe;

b. The spit guard must be constructed to allow for visibility; and

c. The spit guard must be manufactured and sold specifically for the prevention of biting or spitting.

2. The spit guard may be used only on a federal resident who: (i) previously has bitten or spit on a person at the facility, or (ii) in the course of a current restraint, threatens or attempts to spit on or bite or actually spits on or bites a staff member;

3. The spit guard must be applied in a manner that will not inhibit the resident's ability to breathe.

4. While the spit guard remains in place, staff shall provide for the resident's reasonable comfort and ensure the resident's access to water and meals, as applicable.

5. Staff must employ constant supervision of the resident while the spit guard remains in place to observe whether the resident exhibits signs of respiratory distress. If any sign of respiratory distress is observed, staff shall take immediate action to prevent injury and to notify supervisory staff.

6. Staff may not use a spit guard on a resident who is unconscious, vomiting, or in obvious need of medical attention.

A. Written procedure shall provide that if a resident in a federal program is placed in mechanical restraints, except when being transported offsite, staff shall:

1. Provide for the resident's reasonable comfort and ensure the resident's access to water, meals, and toilet; and

2. Make a face-to-face check on the resident at least every 15 minutes and more often if the resident's behavior warrants. Staff shall attempt to engage verbally with the resident during each periodic check. These efforts may include explaining the reasons for which the resident is being restrained or the steps necessary to be released from the restraint or otherwise attempting to deescalate the resident. During each check, a health-trained staff member shall monitor the resident for signs of circulation and for injuries.

B. If a resident remains in a mechanical restraint for a period that exceeds two hours, except when being transported offsite, staff shall permit exercise of the resident’s limbs for a minimum of 10 minutes every two hours to prevent blood clots.

C. When a resident is placed in mechanical restraints for more than two hours cumulatively in a 24-hour period, except during routine transportation of residents, staff immediately shall consult with a health care provider and a mental health clinician. This consultation shall be documented.

D. If the resident, after being placed in mechanical restraints, exhibits self-injurious behavior, staff shall (i) take appropriate action to ensure the threat or harm is stabilized; (ii) consult with a mental health clinician immediately thereafter and document the consultation; and (iii) monitor the resident in accordance with established protocols, including constant supervision, if appropriate.

A detention center that uses mechanical restraints or protective devices shall develop and implement written procedures approved by the facility administrator that reflect the requirements established in this article.

A detention center that utilizes a mechanical restraint chair in a federal program shall observe the following requirements, regardless of whether the chair is used for purposes of controlled movement in accordance with 6VAC35-200-310 or for other purposes in accordance with 6VAC35-200-320:

1. The restraint chair shall never be applied as punishment or as a sanction.

2. All staff authorized to use the restraint chair shall receive training in such use in accordance with 6VAC35-101-190 and 6VAC35-101-200.

3. The facility administrator or the administrator’s designee shall provide approval before a resident may be placed in the restraint chair.

4. Staff shall notify the health authority, designated in accordance with 6VAC35-101-930, immediately upon placing the resident in the restraint chair to assess the resident's medical and mental health condition, to ascertain whether the restraint is contraindicated based on the resident's physical condition or behavior or whether other accommodations are necessary, and to advise whether, on the basis of serious danger to self or others, the resident should be in a medical or mental health unit for emergency involuntary treatment. The requirements of this subdivision shall not apply when the restraint chair is requested by a resident for whom such voluntary use is part of an approved plan of care by a mental health clinician in accordance with subsection C of 6VAC35-200-320.

5. If the resident, after being placed in the mechanical restraint chair, exhibits self-injurious behavior, staff shall (i) take appropriate action to ensure the threat or harm is stabilized; and (ii) consult a mental health clinician immediately thereafter and obtain approval for continued use of the restraint chair;

6. The health authority, a mental health clinician, or another qualifying licensed medical professional may order termination of restraint chair use at any time upon determining that use of the chair poses a health risk;

7. Each use of the restraint chair shall constitute a serious incident, to which the provisions of 6VAC35-200-80 shall apply;

8. Each use of the restraint chair shall be documented in the resident's case file or in a central logbook. The documentation shall include:

a. Date and time of the incident;

b. Staff involved in the incident;

c. Justification for the restraint;

d. Less restrictive interventions that were attempted or an explanation of why the restraint chair is the least restrictive intervention available to ensure the resident's safe movement;

e. Duration of the restraint;

f. Signature of the person documenting the incident and date;

g. Indication that all applicable approvals required in this article have been obtained; and

h. Reviewer's signature and date.

9. Staff shall conduct a debriefing of the restraint after releasing the resident from the chair.

A. Detention center staff shall be authorized to use a mechanical restraint chair in a federal program for purposes of controlled movement of a resident from one area of the facility to another, provided the following conditions are satisfied:

1. The resident's refusal to move from one area of the facility to another poses a direct and immediate threat to the resident or others or interferes with required facility operations; and

2. Use of the restraint chair is the least restrictive intervention available to ensure the resident's safe movement.

B. When the facility utilizes the restraint chair in accordance with this section, staff shall remove the resident from the chair immediately upon reaching the intended destination. If staff, upon reaching the intended destination, determine that continued restraint is necessary, staff shall consult with a mental health clinician for approval of the continued restraint.

A. Detention center staff shall be authorized to use a mechanical restraint chair in a federal program for purposes other than controlled movement provided the following conditions are satisfied:

1. The resident's behavior or actions present a direct and immediate threat to the resident or others;

2. Less restrictive alternatives were attempted but were unsuccessful in bringing the resident’s behavior under control or abating the threat;

3. The resident remains in the restraint chair only for as long as necessary to abate the threat or help the resident gain self-control.

B. Once the direct threat is abated, if staff determines that continued restraint is necessary to maintain security due to the resident's ongoing credible threat of self-injury or injury to others, staff shall consult a mental health clinician for approval of the continued restraint. The ongoing threat may include instances in which the resident verbally expresses the intent to continue the actions that required the restraint.

C. Detention center staff shall be excused from the requirements in subsections A and B of this section when the restraint chair is requested by a resident for whom such voluntary use is part of an approved plan of care by a mental health clinician.

D. Whenever a resident is placed in a restraint chair for purposes other than controlled movement, staff shall observe the following monitoring requirements:

1. Employ constant, one-on-one supervision until the resident is released from the chair. Staff shall attempt to engage verbally with the resident during the one-on-one supervision. These efforts may include explaining the reasons for which the resident is being restrained or the steps necessary to be released from the restraint or otherwise attempting to deescalate the resident;

2. Ensure that a health-trained staff monitors the resident for signs of circulation and for injuries at least once every 15 minutes in accordance with written procedures; and

3. Ensure that the resident is reasonably comfortable and has access to water, meals, and toilet.

A. If a resident remains in the restraint chair for a period of two hours or more, the resident shall be permitted to exercise the resident’s limbs for a minimum of 10 minutes every two hours to prevent blood clots.

B. A detention center shall ensure that a video record of the following is captured and retained for a minimum of three years in accordance with 6VAC35-101-40:

1. The placement of a resident in a restraint chair when a resident is restrained for purposes of controlled movement;

2. The entire restraint, from the time the resident is placed in the restraint chair until the resident’s release when restrained in the chair for purposes other than controlled movement. Detention center staff may satisfy this requirement by positioning the restraint chair within direct view of an existing security camera.

A. If detention center staff use a mechanical restraint chair to restrain a resident in a federal program, regardless of the purpose or duration of the use, the detention center shall be subject to a monitoring visit conducted by the department pursuant to the authority provided in 6VAC35-20-60. The purpose of the monitoring visit shall be to assess the detention center's compliance with the provisions of this article.

B. Upon completion of the monitoring visit, the department shall provide the detention center with a written report of its findings in accordance with 6VAC35-20-90. A detention center cited for noncompliance with a regulatory requirement pursuant to this monitoring visit may request a variance or appeal the finding of noncompliance in accordance with 6VAC35-20-90.

C. The department shall document each monitoring visit conducted pursuant to subsection A and provide a written report to the board annually that details, at a minimum, the following information regarding each separate incident in which the restraint chair is used:

1. The facility in which the chair is used, with specific reference to the federal program;

2. The date and time of the use;

3. A brief description of the restraint, including the purpose for which the restraint was applied, the duration of the restraint, and the circumstances surrounding the resident's release from the restraint;

4. The extent to which detention center staff complied with the regulatory requirements related to mechanical restraint chair use, as set forth in Sections 300 through 350 of this chapter; and

5. The plans identified to address findings of noncompliance, if applicable.

D. The annual report shall be placed on the agenda for the next regularly scheduled board meeting for the board's consideration and review.

A detention center that uses a mechanical restraint chair to restrain a resident shall develop and implement written procedures approved by the facility administrator that reflect the requirements established in this article. The procedures shall provide that if staff are prohibited from using restraint chairs on residents in other programs in the facility, such use also shall be prohibited in the federal program.

A. When the director enters into an agreement with a federal governmental entity for the purpose of operating a federal program in a juvenile correctional center, the agreement shall satisfy the following requirements:

1. The agreement shall be in writing;

2. The agreement shall require the federal program’s compliance with 6VAC35-20, Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities and this chapter; and

3. For purposes of demonstrating compliance with this chapter, the agreement shall allow the department the same access to juveniles in the federal program and to their records and reports as is authorized currently under § 16.1-309.10 of the Code of Virginia and 6VAC35-20 for all other residents in the juvenile correctional center.

B. Nothing in this section shall prevent the director and the federal governmental entity from agreeing that services and treatment for juveniles in the federal program shall exceed the requirements in this chapter.

A. The following events shall be reported to the director or the director's designee as soon as practicable, but no later than 24 hours after the incident:

1. A serious illness, incident, injury, or accident involving the serious injury of a federal resident;

2. A federal resident's absence from the facility without permission; and

3. The facility's use of the mechanical restraint chair, regardless of the purpose or duration of use.

B. As appropriate and applicable, facility staff shall, as soon as practicable, but no later than 24 hours after the incident, report the incidents listed in subsection A of this section to (i) the parent or legal guardian and (ii) the supervising federal entity.

C. Any incident involving the death of a federal resident shall be reported to the individuals specified in subsections A and B of this section without undue delay.

D. Facility staff shall prepare and maintain a written report of the events listed in subsections A and C of this section that shall contain the following information:

1. The date and time the incident occurred;

2. A brief description of the incident;

3. The action taken as a result of the incident;

4. The name of the person who completed the report;

5. The name or identifying information of the person who made the report to the supervising agency and to the parent or legal guardian; and

6. The name or identifying information of the person to whom the report was made, including any law-enforcement officer, local department of social services staff, or representative of another applicable agency.

E. The department shall establish written procedures that address any additional serious incidents that must be reported, the process for notifying the parties identified in subsection B of this section, and the steps for completing and submitting the written report required in subsection D. The JCC administration shall ensure the written procedures are accessible to JCC staff.

F. The federal resident's case record shall contain a written reference (i) that an incident occurred and (ii) of all applicable reporting.

G. In addition to the requirements of this section, any suspected child abuse and neglect shall be governed by 6VAC35-200-380.

A. When there is reason to suspect that a resident in a federal program is an abused or neglected child, the matter shall be reported immediately to the local department of social services or to the Virginia Department of Social Services toll-free child abuse and neglect hotline as required by § 63.2-1509 of the Code of Virginia.

B. Any case of suspected child abuse or neglect occurring in a JCC federal program, occurring during a JCC-sponsored event or excursion, or involving JCC staff shall be reported within 24 hours to (i) the director or the director's designee, (ii) the supervising federal entity, and (iii) the resident's parent or legal guardian, as appropriate and applicable.

C. When a case of suspected child abuse or neglect is reported in accordance with subsection A of this section, a record shall be maintained at the facility that contains the following information:

1. The date and time the suspected abuse or neglect occurred;

2. A brief description of the suspected abuse or neglect;

3. The action taken as a result of the suspected abuse or neglect;

4. The name or identifying information of the person to whom the report was made, including any law-enforcement officer, local department of social services staff, or individual at another applicable agency;

5. A statement of the victim of the alleged abuse or neglect;

6. Statements of all staff and residents who observed the alleged abuse or neglect or who have knowledge relevant to the investigation; and

7. Medical records, if a medical examination occurred.

D. The resident's case record shall contain a written reference that a report was made.

E. If a serious incident alleging child abuse or neglect is reported and facility staff determine that video footage associated with the allegation can be accessed and extracted from a running video record, staff shall extract and maintain the video footage for a period of at least three years after the conclusion of the investigation.

F. Written procedures shall be accessible to staff regarding the following:

1. Handling accusations of child abuse or neglect, including those made against staff;

2. Reporting consistent with requirements of the Code of Virginia and documenting suspected cases of child abuse or neglect to the local child protective services unit;

3. Cooperating during any investigation; and

4. Measures to be taken to ensure the safety of the resident and the staff.

A. The department shall have in place a grievance procedure that provides for the following:

1. Resident participation in the grievance process, with assistance from staff upon request;

2. Investigation of the grievance by an impartial and objective employee who is not the subject of the grievance;

3. Documented responses to all grievances with the supporting reasons for the decision;

4. At least one level of appeal;

5. Administrative review of grievances;

6. Protection of residents from retaliation or the threat of retaliation for filing a grievance; and

7. Immediate review of grievances that pose an immediate risk of harm to a resident, with resolution as soon as practicable but no later than eight hours after the initial review and review and resolution of all other grievances as soon as practicable but no later than 30 business days after receipt of the grievance. For purposes of this subdivision, a grievance may be deemed resolved once facility staff have addressed, corrected, or referred the issue to an external organizational unit.

B. Residents shall be oriented to the grievance procedure in an age and developmentally appropriate manner.

C. The grievance procedure shall be (i) written in clear and simple language, (ii) posted in an area accessible to residents, and (iii) available in an area easily accessible to parents and legal guardians.

D. Staff shall assist and work cooperatively with other employees in facilitating the grievance process.

In addition to the applicable requirements in this chapter, federal programs in juvenile correctional centers shall comply with each section of the Regulations Governing Juvenile Correctional Centers (6VAC35-71) except the following provisions:

1. 6VAC35-71-15

2. 6VAC35-71-60

3. 6VAC35-71-70

4. 6VAC35-71-80

5. 6VAC35-71-260

6. 6VAC35-71-270

7. 6VAC35-71-680

8. 6VAC35-71-690

9. 6VAC35-71-750

10. 6VAC35-71-1140

11. 6VAC35-71-1175

12. 6VAC35-71-1180

13. 6VAC35-71-1190

14. 6VAC35-71-1195

15. 6VAC35-71-1203

16. 6VAC35-71-1204

17. 6VAC35-71-1205

18. 6VAC35-71-1206

19. 6VAC35-71-1207

20. 6VAC35-71-1208

A. A separate written case record shall be maintained for each resident in a federal program, which shall include all correspondence and documents generated or received by the federal program relating to the care of the resident and documentation of all case management services provided.

B. Separate health care records shall be kept on each resident and maintained in accordance with 6VAC35-71-1020 and applicable statutes and regulations. Behavioral health records may be kept separately from other health care records.

C. Each case record and health care record shall be kept (i) up to date, (ii) in a uniform manner, and (iii) confidential from unauthorized access.

D. The facility shall have written procedures in place for the maintenance and management of case records in federal programs. The procedures for managing resident written records shall address confidentiality, accessibility, security, and retention of records pertaining to residents including:

1. Access, duplication, dissemination, and acquisition of information, restricted to persons legally authorized according to applicable federal and state laws;

2. Security measures to protect records from loss, unauthorized alteration, inadvertent or unauthorized access, disclosure of information, and transportation of records between service sites;

3. Security measures to protect records during transportation between service sites;

4. Designation of the person responsible for records management;

5. Explanation of the record information available to the resident, how to access that information, and the recourse available to residents when their record information requests are denied;

6. Disposition of records when a resident is discharged from the federal program; and

7.Disposition of records if a juvenile correctional center ceases to operate or the department terminates its contract with the applicable federal governmental entity.

E. Facility staff shall maintain documentation of the program’s authority to retain, release, transfer, or destroy any records maintained by the federal program.

F. Active and closed records shall be kept in secure locations or compartments that are accessible only to authorized employees and shall be protected from unauthorized access, fire, and flood.

G. Each resident's written case and health care records shall be stored separately subsequent to the resident's discharge in accordance with applicable statutes and regulations.

A. At the time of admission, each resident’s record shall include, at a minimum, a completed face sheet that contains the following: (i) the resident’s full name, last known residence, birth date, birthplace, sex, gender identity, race, primary language, preferred language, social security number or other unique identifier, religious preference, and admission date; and (ii) the names, addresses, and telephone numbers of the resident’s legal guardians, supervising agency, emergency contacts, and parents, if available and appropriate.

B. The face sheet shall be updated when changes occur and maintained as a part of the resident’s record.

A. Written procedures governing the admission and orientation of residents to a federal program shall provide for the following:

1. Verification of legal authority for placement;

2. Search of the resident and the resident’s possessions, including inventory and storage or disposition of property, as appropriate and required by 6VAC35-200-440;

3. Health screening of the resident as required by 6VAC35-71-940;

4. Notice to the parent or legal guardian of the resident’s admission;

5. Provision to the parent or legal guardian of information on (i) visitation, (ii) how to request information, and (iii) how to register concerns and complaints with the facility;

6. Interview with the resident to answer questions and obtain information;

7. Explanation to the resident of program services and schedules; and

8. Assignment of the resident to a housing unit and sleeping area or room.

B. Residents in federal programs shall receive an orientation to the following:

1. The behavior management program as required by 6VAC35-71-745.

a. During orientation, residents shall be given written information describing rules of conduct, the system of privileges and sanctions for rule violations, and the disciplinary process. This information shall be explained to the resident and documented by the dated signature of the resident and staff;

b. If substantive revisions are made to the behavior management program, the facility administration shall ensure that residents and direct care employees receive notice of these revisions in writing before implementation.

2. The grievance procedure, as required by 6VAC35-71-80;

3. The disciplinary process as required by 6VAC35-71-1110;

4. The resident’s responsibilities in implementing the emergency procedures as required by 6VAC35-71-460.

a. Within seven days following admission or within seven days after a substantive change in procedures, facility staff shall communicate to federal residents the resident’s responsibilities in implementing the emergency and evacuation procedures;

b. Annually, facility staff shall document the review of the emergency preparedness plan, required pursuant to subsection A of 6VAC35-71-460, and make necessary revisions. The revisions shall be communicated to residents and incorporated into resident orientation.

5. The residents’ rights, including the following:

a. The prohibited actions listed in 6VAC35-71-550;

b. The right to have additional precautions in place for residents identified as being a member of a vulnerable population pursuant to 6VAC35-71-555;

c. The protections provided for resident mail pursuant to 6VAC35-71-560. The facility administration also shall ensure that written procedures governing resident mail are made available to all residents and updated as needed;

d. The right to telephone calls pursuant to 6VAC35-71-570;

e. The right to reasonable visitation, limited only as permitted in 6VAC35-71-580;

f. The right to have (i) uncensored, confidential contact with their legal representatives, (ii) access to the courts; and (iii) freedom from compulsory questioning by law enforcement pursuant to 6VAC35-71-590;

g. The right to those personal necessities specified in 6VAC35-71-600;

h. The right to daily opportunities to shower, except as limited in 6VAC35-71-610;

i. Protection from routine sight supervision by certain staff members while bathing, dressing, or conducting toileting activities in accordance with 6VAC35-71-620;

j. Daily nutritionally balanced meals in accordance with 6VAC35-71-630;

k. Availability of reading materials appropriate to the residents’ ages and level of competency, as set out in 6VAC35-71-640;

l. The reasonable right to participate in religious activities and freedom from coerced religious participation in accordance with 6VAC35-71-650;

m. Availability and access to a recreational program plan that satisfies the requirements of 6VAC35-71-660; and

n. Protection of residents’ funds, to be used only in accordance with 6VAC35-71-670.

6. The record information available to the residents while residing in the facility, how to access the information, and the recourse available when record information requests are denied.

7. The student government association and its constitution and bylaws in accordance with 6VAC35-71-90.

C. The facility administration shall ensure that all information provided to the federal resident pursuant to this section is explained in a developmentally appropriate manner and is available in a format that is accessible to all residents, including those who are deaf, hard of hearing, visually impaired, or otherwise disabled or impaired, or who have limited English reading skills or limited English proficiency.

D. The facility administration shall maintain documentation that the requirements of this section have been satisfied.

A. JCC administration shall inventory each federal resident's personal possessions upon admission and document the information in the resident's case records.

B. The department shall have written procedures for the disposition or storage of items that the resident is not permitted to possess in the facility. At a minimum, the procedures shall require that if the items are nonperishable property that the resident may otherwise legally possess, staff shall: (i) securely store the property and return it to the resident upon release or (ii) make reasonable, documented efforts to return the property to the resident or the resident’s parent or legal guardian.

C. The department shall have written procedures in place regarding the disposition of personal property unclaimed by residents after release from a federal program.

A. The case record of each resident discharged from a federal program shall contain the following:

1. Documentation that the discharge was discussed with the parent or legal guardian, if applicable and appropriate, the supervising agency, and the resident; and

2. As soon as possible, but no later than 30 days after discharge, a comprehensive discharge summary, which also shall be sent to the persons or agency that made the placement. The discharge summary shall review:

a. Services provided to the resident;

b. The resident's progress toward meeting individual service plan objectives;

c. The resident's continuing needs and recommendations for further services and care, if any;

d. The name of the person to whom the resident was discharged;

e. Dates of admission and discharge; and

f. The date the discharge summary was prepared and the identification of the person preparing it.

B. In addition to the requirements in subsection A of this section, the case record of each resident discharged from a federal program shall contain a copy of the documentation authorizing the resident’s release.

C. As appropriate and applicable, documentation concerning current medications, need for continuing therapeutic interventions, educational status, and other items important to the resident's continuing care shall be provided to the legal guardian or legally authorized representative.

D. Upon discharge, the (i) date of discharge and (ii) name of the person to whom the resident was discharged, if applicable, shall be documented in the case record.

A. Written procedures governing room confinement shall address the following issues:

1. The actions or behaviors that may result in room confinement;

2. The factors, such as age, developmental level, or disability, that should be considered prior to placing a resident in room confinement;

3. The process for determining whether the resident's behavior threatens the safety and security of the resident, others, or the facility; the protocol for determining whether the threat necessitating room confinement has abated; and the necessary steps for releasing the resident from room confinement after the threat has abated; and

4. The circumstances under which a debriefing with the resident should occur after the resident is released from confinement; the party who should conduct the debriefing; and the topics that should be discussed in the debriefing, including the cause and impact of the room confinement and the appropriate measures post-confinement to support positive resident outcomes.

B. If a resident is placed in room confinement, regardless of the duration of the confinement period or the rationale for the confinement, staff shall take measures to ensure the continued health and safety of the confined resident. At a minimum, the following measures shall be taken:

1. Staff shall monitor the resident visually at least every 15 minutes and more frequently if indicated by the circumstances. If a resident is placed on suicide precautions, staff shall conduct additional visual checks as determined by the mental health clinician.

2. A qualified medical health professional or mental health clinician shall visit with the resident at least once daily to assess the resident's medical and mental health status.

3. The resident shall have a means of immediate communication with staff, either verbally or electronically, throughout the duration of the confinement period.

4. The resident shall be afforded the opportunity for at least one hour of large muscle activity outside of the locked room every calendar day unless the resident displays behavior that is threatening, presents an imminent danger to self or others, or other circumstances prevent the activity. The reasons for the exception shall be approved by the superintendent or the superintendent's designee and documented.

5. If the resident exhibits self-injurious behavior while in room confinement, staff shall (i) take appropriate action in response to the behavior to prevent further injury and to notify supervisory staff; (ii) consult with a mental health clinician immediately after the threat has abated and document the consultation; and (iii) adjust the frequency of face-to-face checks, as needed, never allowing more than 15 minutes to pass between checks.

C. Room confinement may be imposed only in response to the following situations:

1. If a resident's actions threaten facility security or the safety and security of residents, staff, or others in the facility;

2. In order to prevent damage to real or personal property when the damage is committed with the intent of fashioning an object or device that may threaten facility security or the safety and security of residents, staff, or others in the facility; or

3. If the resident admits in writing to a charge for or is found guilty of one of the following offenses pursuant to the disciplinary process in 6VAC35-71-1110 and is placed in disciplinary room confinement as a sanction:

a. Escape, attempted escape, or Absent Without Leave (AWOL),

b. Possession or use of an unauthorized item that has the potential to threaten the security of the facility,

c. Assault,

d. Fighting,

e. Sexual misconduct, or

f. Sexual abuse.

D. A resident may not receive a sanction for disciplinary room confinement that exceeds five consecutive days.

E. Except when a resident is placed in disciplinary room confinement in accordance with subdivision C 3, room confinement may be imposed only after less restrictive measures have been exhausted or cannot be employed successfully. Once the threat necessitating the confinement has abated, staff shall initiate the process for releasing the resident from confinement.

F. If a resident is placed in room confinement, the resident shall be provided medical and mental health treatment, as applicable, education, daily nutrition in accordance with 6VAC35-71-630, and daily opportunities for bathing in accordance with 6VAC35-71-550.

G. Within the first three hours of a resident's placement in room confinement, a designated staff member shall communicate with the resident to explain (i) the reasons for which the resident has been placed in confinement; (ii) the expectations governing behavior while in room confinement; and (iii) the steps necessary for the resident to be released from room confinement.

H. A resident confined for six or fewer waking hours shall be afforded the opportunity at least once during the confinement period to communicate, wholly apart from the communications required in subsection F of this section, with a staff member regarding the resident’s status or the impact of the room confinement. A resident confined for a period that exceeds six waking hours shall be afforded an opportunity twice daily during waking hours for these communications.

I. The superintendent or the superintendent's designee shall make personal contact with every resident who is placed in room confinement each day of confinement.

J. If a resident is placed in room confinement for 24 hours, the superintendent or the superintendent's designee shall be notified and shall provide written approval for any continued room confinement beyond the 24-hour period.

K. The facility superintendent's supervisor shall provide written approval before any room confinement may be extended beyond 48 hours.

L. The administrator who is two levels above the superintendent in the department's reporting chain of command shall provide written approval before any room confinement may be extended beyond 72 hours. The administrator's approval shall be contingent upon receipt of a written report outlining the steps being taken or planned to resolve the situation. The facility administration shall convene a treatment team consisting of stakeholders involved in the resident's treatment to develop this plan. The department shall establish written procedures governing the development of this plan.

M. Room confinement periods that exceed five days shall be subject to a case management review that adheres to the following requirements:

1. A facility-level review committee shall conduct a case management review at the committee's next scheduled meeting immediately following expiration of the five-day period.

2. If the facility-level case management review determines a need for the resident's continued confinement, the case shall be referred for a case management review at the division-level committee meeting, which shall occur no later than seven business days following the referral.

3. Upon completion of the initial reviews in subdivisions L 1 and L 2 of this section, any additional time that the resident remains in room confinement shall be subject to a recurring review by the facility-level review committee and the division-level review committee, as applicable, until either committee recommends the resident's release from room confinement. Upon written request of the division-level review committee, the administrator who is two levels above the superintendent in the department's reporting chain of command shall be authorized to reduce the frequency of or waive the division-level reviews. The rationale for the waiver shall be documented and placed in the resident's record.

A. Physical restraint shall be used as a last resort only after less restrictive behavior intervention techniques have failed or to control residents whose behavior poses a risk to the safety of the resident, staff, or others.

1. Staff shall use the least force deemed reasonably necessary to eliminate the risk or to maintain security and order and shall never use physical restraint as punishment or with intent to inflict injury.

2. Physical restraint may be implemented, monitored, and discontinued only by staff trained in the proper and safe use of restraint in accordance with the requirements in 6VAC35-71-160 and 6VAC35-71-170.

B. The JCC administration shall have written procedures in place governing use of physical restraint that shall:

1. Require training in crisis prevention and behavior intervention techniques that staff may use to control residents whose behaviors pose a risk;

2. Identify the staff position that will write the report and timeframe for completing the report;

3. Identify the staff position that will review the report for continued staff development for performance improvement and the timeframe for this review; and

4. Identify the methods to be followed should physical restraint, less intrusive behavior interventions, or measures permitted by other applicable state regulations prove unsuccessful in calming and moderating the resident’s behavior.

C. Each application of physical restraint shall be fully documented in the resident’s record. The documentation shall include the:

1. Date and time of the incident;

2. Staff involved in the incident;

3. Justification for the restraint;

4. Less restrictive behavior interventions that were attempted unsuccessfully prior to using physical restraint;

5. Duration of the restraint;

6. Description of the method of physical restraint techniques used;

7. Signature of the person completing the report and date; and

8. Reviewer’s signature and date.

A. Mechanical restraints and protective devices may be used in federal programs for the following purposes subject to the restrictions enumerated in this section: (i) to control federal residents whose behavior poses an imminent risk to the safety of the resident, staff, or others; (ii) for purposes of controlled movement, either from one area of the facility to another or to a destination outside the facility; and (iii) to address emergencies.

B. When JCC staff use mechanical restraints or protective devices, they shall observe the following general requirements:

1. Mechanical restraints and protective devices shall be used only for as long as necessary to address the purposes established in subsection A. Once the imminent risk to safety has abated, the federal resident has reached the intended destination within the facility or has returned to the facility from a destination offsite, or the emergency has been resolved, the mechanical restraint or protective device shall be removed.

2. The superintendent or the superintendent’s designee shall be notified immediately upon using mechanical restraints or protective devices in an emergency.

3. The facility administration may not use mechanical restraints or protective devices as a punishment or a sanction.

4. Federal residents shall not be restrained to a fixed object or restrained in an unnatural position.

5. A mental health clinician or other qualifying licensed medical professional may order termination of a mechanical restraint or protective device at any time upon determining that the item poses a health risk to the resident.

6. Each use of a mechanical restraint or protective device, except when used to transport a resident or during video court hearing proceedings, shall be documented in the resident’s case record and in the daily housing unit log;

7. A written system of accountability shall be in place to document routine distribution of mechanical restraints and protective devices;

8. All staff who are authorized to use mechanical restraints or protective devices shall receive training in such use in accordance with 6VAC35-71-160 and 6VAC35-71-170, as applicable; and only trained staff shall use restraints or protective devices.

C. If staff in a JCC use a mechanical restraint to control a federal resident whose behavior poses a safety risk in accordance with subdivision (A)(i) of this section, they shall notify a qualified health care professional and a mental health clinician before continuing to use the restraint and, if applicable, the accompanying protective device if the imminent risk has abated, but staff determine that continued use of the mechanical restraint is necessary to maintain security due to the resident’s ongoing credible threat of self-injury or injury to others. This may include instances in which the resident verbally expresses the intent to continue the actions that required the restraint.

D. Staff in a juvenile correctional center may not use a protective device on a federal resident unless the use is in connection with a restraint and shall remove the device when the resident is released from the restraint.

E. In addition to the requirements in subsections A through D of this section, if staff in a juvenile correctional center use a spit guard to control a federal resident’s behavior, they shall observe the following requirements:

1. Staff may not use a spit guard unless it possesses the following characteristics:

a. The spit guard’s design may not inhibit the federal resident’s ability to breathe;

b. The spit guard must be constructed to allow for visibility;

c. The spit guard must be manufactured and sold specifically for the prevention of biting or spitting.

2. The spit guard may be used only on a federal resident who: (i) previously has bitten or spit on a person at the facility, or (ii) in the course of a current restraint, threatens or attempts to spit on or bite or actually spits on or bites a staff member.

3. The spit guard must be applied in a manner that will not inhibit the federal resident’s ability to breathe.

4. While the spit guard remains in place, staff shall provide for the federal resident’s reasonable comfort and ensure the resident’s access to water and meals, as applicable;

5. Staff must employ constant supervision of the federal resident while the spit guard remains in place to observe whether the resident exhibits signs of respiratory distress. If any sign of respiratory distress is observed, staff shall take immediate action to prevent injury and to notify supervisory staff.

6. Staff may not use a spit guard on a federal resident who is unconscious, vomiting, or in obvious need of medical attention.

A. Written procedures shall provide that if a federal resident is placed in mechanical restraints, except when being transported offsite, staff shall:

1. Provide for the resident's reasonable comfort and ensure the resident's access to water, meals, and toilet; and

2. Conduct a face-to-face check on the resident at least every 15 minutes, and more often if the resident's behavior warrants. During each check, a staff member trained in the use of mechanical restraints shall monitor the resident for signs of circulation and for injuries.

3. Attempt to engage verbally with the resident during each periodic check. These efforts may include explaining the reasons for which the resident is being restrained or the steps necessary to be released from the restraint or otherwise attempting to deescalate the resident.

B. If a federal resident remains in a mechanical restraint for a period of two hours or more, except during transportation of residents offsite:

1. The resident shall be permitted to exercise the resident’s limbs for a minimum of 10 minutes every two hours in order to prevent blood clots; and

2. A medical staff member shall conduct a check on the resident at least once every two hours.

C. When a federal resident is placed in mechanical restraints for more than one continuous hour in a 24-hour period, with the exception of use in routine off-campus transportation of residents, staff shall consult with a mental health clinician. This consultation shall be documented.

D. If the federal resident exhibits self-injurious behavior after being placed in mechanical restraints, staff shall (i) take appropriate action in response to the behavior to prevent further injury and to notify supervisory staff; (ii) consult with a mental health clinician and medical staff immediately thereafter and document the consultation; and (iii) adjust the frequency of face-to-face checks as needed.

The department shall develop written procedures approved by the director that reflect the requirements established in this article.

If staff in a JCC utilize a mechanical restraint chair in a federal program, they shall observe the following requirements, regardless of whether the chair is used for purposes of controlled movement in accordance with 6VAC35-200-520 or for other purposes in accordance with 6VAC35-200-530:

1. The restraint chair shall never be applied as punishment or as a sanction.

2. All staff authorized to use the restraint chair shall receive training in such use in accordance with 6VAC35-71-160 and 6VAC35-71-170.

3. Before placement in the chair, the health authority or the health authority’s designee shall ensure that the resident’s medical and mental health condition are assessed to determine whether the restraint is contraindicated based on the resident’s physical condition or behavior and whether other accommodations are necessary.

4. The superintendent or the superintendent’s designee shall provide approval before a resident may be placed in the restraint chair.

5. Staff shall notify the health authority or designee immediately upon placing the resident in the restraint chair. The health authority or designee also shall ensure that a mental health clinician conducts an assessment to determine whether, on the basis of serious danger to self or others, the resident should be in a medical or mental health unit for emergency involuntary treatment. The requirements of this subdivision shall not apply when the restraint chair is requested by a resident for whom such voluntary use is part of an approved plan of care by a mental health clinician in accordance with subsection C of 6VAC35-200-530.

5. If the resident exhibits self-injurious behavior after being placed in the mechanical restraint chair, staff shall: (i) take appropriate action in response to the behavior to prevent further injury and to notify supervisory staff and (ii) consult a mental health clinician immediately thereafter and obtain approval for continued use of the restraint chair;

6. The health authority or his designee, a mental health clinician, or other qualifying licensed medical professional may order termination of restraint chair use at any time upon determining that use of the chair poses a health risk;

7. Each use of the restraint chair shall constitute a serious incident, to which the provisions of 6VAC35-200-80 shall apply;

8. Each use of the restraint chair shall be documented in the resident’s case record and in the daily housing unit log. The documentation shall include the:

a. Date and time of the incident;

b. Staff involved in the incident;

c. Justification for the restraint;

d. Less restrictive interventions that were attempted or an explanation of why the restraint chair is the least restrictive intervention available to ensure the resident’s safe movement;

e. Duration of the restraint;

f. Signature of the person documenting the incident and date;

g. Indication that all applicable approvals required in this article have been obtained; and

h. Reviewer’s signature and date.

9. Staff involved in the use of the chair, together with supervisory staff, shall conduct a debriefing after each use of the restraint chair.

A. JCC staff shall be authorized to use a mechanical restraint chair in federal programs for purposes of controlled movement of a resident from one area of the facility to another, provided the following conditions are satisfied:

1. The resident’s refusal to move from one area of the facility to another poses a direct and immediate threat to the resident or others or interferes with required facility operations; and

2. Use of the restraint chair is the least restrictive intervention available to ensure the resident’s safe movement.

B. When facility staff utilize the restraint chair in accordance with this section, staff shall remove the resident from the chair immediately upon reaching the intended destination. If staff determine upon reaching the intended destination that continued restraint is necessary, staff shall consult with a mental health clinician for approval of the continued restraint.

A. JCC staff shall be authorized to use a mechanical restraint chair in federal programs for purposes other than controlled movement provided the following conditions are satisfied:

1. The resident’s behavior or actions present a direct and immediate threat to the resident or others;

2. Less restrictive alternatives were attempted but were unsuccessful in bringing the resident under control or abating the threat;

3. The resident remains in the restraint chair only for as long as necessary to abate the threat or help the resident gain self-control.

B. Once the direct threat is abated, if staff determine that continued restraint is necessary to maintain security due to the resident’s ongoing credible threat of self-injury or injury of others, staff shall consult a mental health clinician for approval of the continued restraint. The ongoing threat may include instances in which the resident verbally expresses the intent to continue the actions that required the restraint.

C. JCC staff shall be excused from the requirements in subsections A and B of this section when the restraint chair is requested by a resident for whom such voluntary use is part of an approved plan of care by a mental health clinician.

D. Whenever a resident is placed in a restraint chair for purposes other than controlled movement, staff shall observe the following monitoring requirements:

1. Employ constant, one-on-one supervision until the resident is released from the chair;

2. Attempt to engage verbally with the resident during the one-on-one supervision. These efforts may include explaining the reasons for which the resident is being restrained or the steps necessary to be released from the restraint or otherwise attempting to deescalate the resident;

3. Ensure that a licensed medical provider monitors the resident for signs of circulation and for injuries at least once every 15 minutes; and

4. Ensure that the resident is reasonably comfortable and has access to water, meals, and toilet.

A. If a resident remains in the restraint chair for a period of two hours or more, the resident shall be permitted to exercise the resident’s limbs for a minimum of 10 minutes every two hours to prevent blood clots.

B. The JCC administration shall ensure that a video record of the following is captured and retained for a minimum of three years in accordance with 6VAC35-71-30:

1. The placement of a resident in a restraint chair when a resident is restrained for purposes of controlled movement;

2. The entire restraint from the time the resident is placed in the restraint chair until the resident’s release when restrained in the chair for purposes other than controlled movement. The JCC staff may satisfy this requirement by positioning the restraint chair within direct view of an existing security camera.

A. If staff in a JCC federal program use a mechanical restraint chair to restrain a resident, regardless of the purpose or duration of the use, the JCC shall be subject to a monitoring visit conducted by the department pursuant to the authority provided in 6VAC35-20-60. The purpose of the monitoring visit shall be to assess staff compliance with the provisions of this article.

B. Upon completion of the monitoring visit, the department shall provide the JCC administration with a written report of its findings in accordance with 6VAC35-20-90.

C. The department shall document each monitoring visit conducted pursuant to subsection A of this section and provide a written report to the board annually that details at a minimum the following information regarding each separate incident in which the restraint chair is used:

1. The facility in which the chair is used with specific reference to the federal program;

2. The date and time of the use;

3. A brief description of the restraint, including the purpose for which the restraint was applied, the duration of the restraint, and the circumstances surrounding the resident’s release from the restraint;

4. The extent to which the JCC complied with the regulatory requirements related to mechanical restraint chair use as set forth in Sections 510 through 560 of this chapter; and

5. The plans identified to address findings of noncompliance, if applicable.

D. The annual report shall be placed on the agenda for the next regularly scheduled board meeting for the board’s consideration and review.

Department staff shall develop written procedures approved by the director that reflect the requirements established in this article. The procedures shall provide that if staff in a juvenile correctional center are prohibited from placing residents in restraint chairs in other programs in the facility, such use also shall be prohibited in the federal program.