First Adopted: May 20, 2009
Most Recently Effective: January 01, 2015
Appendix A | Standards for Operation of a Secure Juvenile Detention Facility |
Section 07 | Juvenile Rights
Essential Elements
7.1. The facility shall have a written policy and procedure to assure the rights of juveniles are protected in accordance with state and federal law and Supreme Court Rule 127.10 while in detention, to include but not limited to the following:
A. Freedom of speech: Restrictions on free speech shall be the least restrictive necessary to provide facility safety, security and accomplishment of program aims;
B. Religious activities: Juveniles shall have the right to participate in religious activities and meet religious advisors on a voluntary basis to maintain security and order.
C. Access to courts and counsel:
1. Juveniles shall have access to the courts and have the right to be represented by an attorney, to include but not limited to confidential contact with attorneys, or other authorized representatives through telephone, video conferencing, uncensored correspondence and personal visits. Authorized representatives include, but not limited to, guardian ad litem and court appointed special advocates.
2. The facility shall provide a private area available for conferences between the juvenile and the attorney or authorized representative.
D. Health Care Services: Access to necessary medical and mental health services; and
E. Freedom from discrimination: Juveniles shall not be subjected to discrimination based on race, ethnicity, national origin, religion, gender, sexual orientation, and physical or mental disability.
7.2. The facility shall have a written policy and procedure regarding personal grooming and dress.
7.3. The facility shall have a written policy and procedure to address juvenile grievances, that is made available to all juveniles that includes at a minimum any violation of rights as defined by Section 7 of these standards and to include but not limited to the following:
A. At least one level of appeal;
B. Written responses to all grievances, including the reasons for the decision,;
C. Response within a prescribed, reasonable time limit, with special provisions for responding to emergencies;
D. Supervisory review of grievances;
E. Guarantees against reprisals; and
F. Applicability over a broad range of issues.
Cross-reference
Supreme Court Rules
Rule 126.01, "Notification of Rights"
Rule 127.05, "Notice Upon Admission to Detention Facility"
Rule 127.10, "Rights During Secure Detention"
(Adopted May 20, 2009, effective January 1, 2010. Amended February 18, 2014, effective January 1, 2015.)