First Adopted: May 20, 2009
Most Recently Effective: January 01, 2015
Appendix A | Standards for Operation of a Secure Juvenile Detention Facility |
Section 06 | Screening, Intake and Admissions
Essential Elements
6.1. Written policy and procedures regarding decisions whether to detain a juvenile shall comply with Court Operating Rule 28 utilizing the Juvenile Detention Assessment (JDTA). Any decision to override the JDTA shall require clear documentation as to the rationale for that decision.
6.2. Prior to placing a juvenile into detention, alternatives to detention shall be considered, subject to JDTA scoring, availability of alternatives and due process considerations. Efforts will be made to identify and establish such alternatives to detention, which may include, but not limited to the following:
A. In-home detention under rules of supervision,;
B. In-home detention with electronic monitoring;
C. Monitoring of juvenile with a global positioning system;
D. Day reporting programs;
E. Evening reporting programs;
F. Drug or alcohol treatment;
G. Residential placement for medical, psychological or psychiatric treatment;
H. Temporary shelter care arranged with a residential treatment facility;
I. Consensual placement with a relative;
J. Any combination of alternatives; and
K. Any other alternative available to the juvenile office and court.
6.3. All facilities shall establish an orientation procedure for incoming juveniles to be administered as soon as possible upon admission. The orientation shall include written and oral notification of rights, review of detention processes and procedures, and information regarding the rules and expectations of the facility.
6.4. All facilities shall establish procedures for the admission of a juvenile that, at a minimum, shall include:
A. Verification of authority to detain;
B. A search of the juveniles and their possessions consistent with the search policy in Section 11 of these standards;
C. Notification to custodians that the juvenile has been detained;
D. Allowing the juvenile to make at a minimum of two total successful contacts with his/her parents, legal guardians, foster parents, custodians or attorney;
E. Shower and visual inspection of the juvenile, consistent with the search policy in Section 11 of these standards;
F. Issuance of laundered clothing;
G. Securing and recording of all personal property and money of the juvenile;
H. Initial medical screening and mental health screening;
I. Recording of personal data and information; and
J. Assignment to primary residential unit/room.
6.5. Facility procedures shall require that each juvenile upon admission is properly screened for injuries or possible sign of abuse or neglect. Any physical inspection of the juvenile shall be conducted in compliance with Sections 3 and 11 of these standards. Upon suspicion of injuries or abuse/neglect, the personnel staffing the facility shall report the basis of that suspicion to the Missouri Department of Social Services, Children’s Division by contacting the Child Abuse/Neglect Hotline or appropriate authorities.
6.6. Juveniles suspected of being under the influence of alcohol or drugs shall only be admitted to the facility after being medically examined by a licensed health care professional and determined fit for confinement.
6.7. The procedures of the facility shall provide that all juveniles shall continue to be advised of their rights (including right to counsel), expectations and responsibilities from the point of intake and admission throughout the period of detention, including procedures for reporting any concern or complaint.
6.8. Upon entry of each juvenile into detention, the facility shall begin to assemble accurate and comprehensive data regarding the juvenile as may be required by the Supreme Court and the Office of State Court Administrator. The data collected shall allow for analysis of information which may be requested by the Office of State Courts Administrator, to include but not limited to the following:
A. The total number of juveniles detained during a particular period;
B. The gender, race, age, and ethnicity of the juveniles detained;
C. Average length of stay;
D. The total number of times that the JDTA was overridden in a particular period, excluding admissions from other jurisdictions; and
E. Reason for detention.
6.9. The facility shall have a written policy and procedure to assure that as soon as practicable upon admission, juveniles shall be provided the same accommodations and programming as other juveniles without extended room segregation.
Cross-reference
Missouri Revised Statutes
Section 210.115, "Reports of Abuse
Section 210.125, "Protective Custody ..."
Section 211.061, "Arrested Child ..."
Section 211.131, "Taking Custody ..."
Section 211.151, "Places of Detention - photographing and fingerprinting restrictions..."
Supreme Court Rules
Rule 122.02, “Open Records”
Rule 122.03, "Law Enforcement Records of Juveniles to Be Kept Separate"
Rule 126.01, "Notification of Rights"
Rule 127.01, "When Juvenile May Be Taken into Judicial Custody"
Rule 127.02, "Procedure Upon Law Enforcement Officer Taking Juvenile into Judicial Custody"
Rule 127.03, "Designation of Detention Facility"
Rule 127.04, " Presentation of Juvenile to Juvenile Officer or Detention Facility"
Rule 127.05, "Notice Upon Admission to Detention Facility"
Rule 127.06, "Detention"
Rule 127.10, "Rights During Secure Detention"
Missouri Court Operating Rules
COR 4.24, "Confidential Records"
COR 8.04.5, "Records Retentino and Destruction"
COR 28, "Juvenile Detention Evaluation"
(Adopted May 20, 2009, effective January 1, 2010. Amended February 18, 2014, effective January 1, 2015.)