Disciplinary reports & Hearings guidelines

1. Disciplinary reports & Hearings guidelines January 15, 2012

2. Objectives: You should be able to: • Describe the disciplinary process steps and timeframes for each step. • Conduct a disciplinary investigation. • Effectively manage and control a disciplinary hearing. • Make a fair decision and apply appropriate sanctions following a disciplinary hearing. • Clearly deliver disciplinary decisions and take the actions required to allow the decision to be implemented.

3. Disciplinary Process Policies • DJJ 16.3, Cooling Off • DJJ 16.4, Pre-Hearing Confinement • DJJ 16.5, Disciplinary Reports and Hearings • DJJ 16.6, Services in Confinement

4. Informal Resolution • Whenever possible, staff will attempt to resolve behaviors of concern without the filing of a formal disciplinary report. • Youth will be held accountable through the behavior management system, which is designed to promote the development of self-control and to teach and encourage positive behavior and interaction with others. (See DJJ 16.1, Youth Behavior Management) • Nuisance behaviors should be dealt with informally with counseling and the use of the behavior management system. As a last resort, the disciplinary process may be used. • The disciplinary process may be initiated if a youth is unresponsive to an informal resolution, continues the behavior after repeated correction, or the seriousness of the infraction warrants a formal report.

5. Cooling Off • Used as an alternative to the disciplinary process • Give the youth an opportunity to explain his/her behavior BEFORE using cooling off • Cooling off ends as soon as the youth demonstrates compliance or 60 minutes, whichever comes FIRST • During the school day, AEPM must be used to deal with behaviors of concern. Cooling off can only be used when the youth poses a threat to safety/security

6. Cooling Off Sleeping Room / Holding Cell: • Only as last resort • Requires 15 minute room checks • Requires documentation on Cooling Off Form Other Location: • Does not require 15 minute room checks • May be documented as required by facility Director

7. Rule Violations • See DJJ 16.5, Attachment B – Rule Violations Grid • Only the rule violations listed on the grid can be used when writing a Disciplinary Report • Room confinement can not be used for the rule violations highlighted in yellow Tip: The Rule Violations Grid should be in a place where staff have easy access

8. Disciplinary Report (DR) • See DJJ 16.5, Attachment C – Disciplinary Report • One DR is completed for each incident – no need for a separate DR for each youth when multiple youth are involved. (Example: 2 youth are fighting. Staff will complete 1 DR and list both youth. Both youth will sign the same DR. There will be one investigation. There will be 2 hearings – one for each youth.) • Check on the DR if each was sent to pre-hearing confinement. Tip: DR is in Word format and can be typed into. The fields match the fields on the SIR. You can type the information into the SIR and then copy/paste that information into the DR.

9. Disciplinary Report (DR) • Shift Supervisor must read and sign the DR by the end of the shift as indication that the report is complete • DR must completely summarize what happened and support the rule violation indicated on the form • DR must have the correct rule violation listed – Pay attention to the definitions of the rule violations !! • Youth must be provided a copy of the DR within 24 hours

10. Pre-Hearing Confinement

11. Pre-Hearing Confinement The non-punitive, protective security measure taken with a youth who has allegedly violated a rule and is an imminent threat to others or the security of the facility. Is the youth eligible for pre-hearing confinement? • Imminent threat to safety/security - AND • Other strategies are not appropriate because of the seriousness of the rule violation and/or threat Youth must not be placed in pre-hearing confinement for any rule violation where room confinement is not authorized. (See Slide #36 for rule violations where confinement is never to be authorized)

12. Pre-Hearing Confinement Approval: • Director or ADO • Within 1 hour of placement • Approval is only valid for 24 hours Renewal: • Director or ADO • Every 24 hours • Requires face to face contact with youth • Shift supervisor may release from PHC at any time • PHC will not be extended beyond 72 hours.

13. Pre-Hearing Confinement Documentation: • Confinement Checks Form Due Process: • Youth must have an outstanding Disciplinary Report filed within 24 hours of being placed in PHC • Investigation must begin within 24 hours • Hearing must be held within 72 hours

14. Investigating the Disciplinary Report

15. DR Investigation Investigator: • Impartial staff person who did not file the DR, sign the DR, or witness the infraction • Behavioral health staff, medical staff and the Debriefing Facilitator can not be used as DR investigators Timeframe: • Investigation must begin as soon as possible following the filing of the DR, but always within 24 hours • Youth not in pre-hearing confinement - Investigation must be completed within 72 hours • Youth in pre-hearing confinement – Investigation must be started within 24 hours

16. DR Investigation Documentation: • See DJJ 16.5, Attachment D – Investigation Summary Report • Answer questions 1 through 10 with a clear and complete explanation. Describe any physical evidence and its bearing on the case. • Do not indicate “See ____________” • Question #11 – Make a recommendation regarding the disciplinary hearing and indicate the reason for your recommendation • Attach staff and youth witness statements Tip: You can type your findings directly into the document.

17. Disciplinary Hearing

18. Disciplinary Hearing Hearing Officer: • Impartial staff person who did not file the DR, sign the DR, or witness the infraction • Behavioral health staff, health care staff and the Debriefing Facilitator can not be used as DR investigators Timeframe: • Youth not in pre-hearing confinement - Hearing must be held within 7 days • Youth in pre-hearing confinement – Hearing must be held within 72 hours

19. Disciplinary Hearing Location: • Location must provide for a private hearing • Location must have seating for staff and youth involved in the hearing • Can only be done with the youth in a locked room when there is substantial evidence and clear documentation that the youth is or could be an imminent threat

20. Disciplinary Hearing The youth has the right to … • A fair and impartial hearing • Notice of the alleged rule violation within 24 hours of the infraction or its discovery • 24 hours notice of the hearing date, time, and place • Be present for the hearing • Present evidence at the hearing • Request witnesses on his/her behalf • Question witnesses, as long as it does not jeopardize their safety • Appeal the findings of the hearing officer

21. Disciplinary Hearing Should the DR be dismissed? The DR must be dismissed when … • Youth was not provided a copy of the DR within 24 hours of the infraction or its discovery; • Investigation was not completed within 72 hours, excluding weekends and holidays (or started within 24 hours if youth was in pre-hearing confinement); • A staff person involved in the incident completed the investigation; • A staff person required to sign the DR completed the investigation; • The disciplinary hearing was not completed within 7 calendar days (or 72 hours if youth was in pre-hearing confinement); • Required staff did not sign the DR within the required timeframes; • All required documentation is not attached, including staff and youth statements; or • The rule violation indicated is not supported by the narrative description.

22. Disciplinary Hearing Does the youth need an advocate? An advocate must be assigned when… • Youth requests a specific staff person to act as his/her advocate • Youth is on the mental health caseload – the mental health case manager will act as the advocate • Youth is unable to understand the hearing because of a disability – hearing officer will appoint an advocate

23. Disciplinary Hearing What does the advocate do? • Meet with the youth at least 4 hours prior to the hearing • Discuss with the youth what the alleged rule violation was and what may happen during the hearing • Make a recommendation to the hearing officer regarding the hearing • Document his/her recommendations on the Hearing Form (See DJJ 16.5, Attachment G)

24. Scheduling the Disciplinary Hearing • The hearing must be scheduled within 7 calendar days of the DR being written • For youth in pre-hearing confinement, the hearing must be held within 72 hours of the DR being written • Youth must notified of the time and place of the hearing at least 24 hours in advance. • If the hearing is postponed more than 4 hours beyond the time indicated in the notice, the youth must be provided a new notice of at least 24 hours. (Hearing must still occur within the required timeframe.)

25. Conducting the Disciplinary Hearing • See DJJ 16.5, Attachment F – Conducting the Hearing Step #1: Introduction of Participants • Introduce all youth and staff Step #2: Explain Purpose • “The purpose of this disciplinary hearing is to determine if there is probable cause to believe that you violated a rule of the facility when you allegedly (rule violation). The results of this hearing may cause you to be placed (or continued) in confinement. If you admit to the charges, you may be placed (or continued) in confinement. • Check youth’s understanding. If he/she claims to not understand or does not appear to understand, assign an advocate and re-schedule the hearing.

26. Conducting the Disciplinary Hearing Step #3: Explain all of the youth’s rights to him/her • You have the right to a fair and impartial hearing • You have the right to be represented by any staff member of your choice. If that staff member is unavailable, I will appoint another staff member to represent you. • You have the right to receive notice of the date, time, and purpose of the hearing no later than 24 hours prior to the hearing.

27. Conducting the Disciplinary Hearing Step #3: Explain all of the youth’s rights to him/her • You have the right to a fair and impartial hearing • You have the right to be represented by any staff member of your choice. If that staff member is unavailable, I will appoint another staff member to represent you. • You have the right to receive notice of the date, time, and purpose of the hearing no later than 24 hours prior to the hearing.

28. Conducting the Disciplinary Hearing • You have the right to speak on your behalf, present any relevant witnesses who may speak for you and to produce any documentary evidence. • You have the right to confront and question people who give information against you. • You have the right to remain silent. You do not have to admit to anything. If you do not want to speak, it can not and will not be held against you. • Do you understand these rights? • If at any point you do not understand what is happening, you should tell me so I can try to explain it.

29. Conducting the Disciplinary Hearing Step #4: Review documents (DR) with youth • You have been accused of “__rule violation__” on “__date__” • Show the DR to the youth – He/she should have already received a copy • What do you have to say about this?

30. Conducting the Disciplinary Hearing Step #5: Allow youth to respond to charges • Do you have any witnesses that you would like to call on your behalf? • Do you have any evidence that you would like to present at this time? • Tell me your side of the story. • Do you admit or deny that you “__rule violation__”?

31. Conducting the Disciplinary Hearing Step #6: Determine if probable cause exists • Are the facts and circumstances presented about the case of a reasonably trustworthy nature? • Would the known facts and circumstances about the case lead a reasonable person to believe that the youth committed the rule violation?

32. Conducting the Disciplinary Hearing No probable cause … (youth found not guilty) • Return youth to general population • Mark “not guilty” on hearing form • File documents

33. Conducting the Disciplinary Hearing Probable cause is found … (youth found guilty) • Explain to youth why you found him/her guilty – what evidence led you to believe that he/she committed the rule violation • Review previous history of rule violations with youth

34. Conducting the Disciplinary Hearing When determining a sanction, consider … • Youth’s age • Youth’s mental condition • Youth’s prior history of misconduct • Other extenuating circumstances • Severity of the offense • The agreement portion of the Debriefing Conversation Guide may be considered by the disciplinary hearing officer only when considering an appropriate sanction for a rule violation that the youth has already been found guilty of.

35. Conducting the Disciplinary Hearing Authorized Sanctions • Room confinement up to 120 hours (other than for specific offenses) – may be served on weekend • Credit for pre-hearing confinement time served • Verbal reprimand • Coaching • Reduction of positive behavior points • Up to 7 days of non-purchasing status on behavior modification program • Extra chores limited to a 4 hour period over a one week period • Up to 7 day loss of work duty privileges • Restriction from a specific activity • Referral to facility case manager for review/update of Positive Behavior Strategies • Behavior Management/Closed Unit Referral, if all other criteria are met • Up to 7 days of early bed (the youth must remain out of the room for 14 hours per day) • Counseling session with staff/youth affected by rule violation • Writing assignments • Referral to a specialized group • Filing of formal legal charges in court (requires notice to the Director of Legal Services).

36. Conducting the Disciplinary Hearing Room confinement can NEVER be used for … • Property violations • Nuisance contraband • Refusal to obey • Altering appearance • Horseplay • Harassment • Gang-related gestures, signs, writings • Lying / willful deceit • Disrespect / profanity • Exchanging food • Littering

37. Conducting the Disciplinary Hearing Confinement over 72 hours but less than 120 (incl. time in pre-hearing) • Requires the approval of the designated mental health authority and Director of the Office of Behavioral Health Services, in consultation with the Director and Director’s supervisor • The request must be made at least 12 hours prior to expiration • All required approvals must be issued in writing prior to the confinement being extended over 72 hours

39. Conducting the Disciplinary Hearing Confinement over 72 hours but less than 120 (incl. time in pre-hearing) • Requires the approval of the facility Director • All required approvals must be issued in writing prior to the confinement being extended over 72 hours

40. Conducting the Disciplinary Hearing Confinement over 120 hours (incl. time in pre-hearing) • Requires the approval of the Deputy Commissioner, of Youth Services and the Director of the Office of Behavioral Health Services, in consultation with the Regional Behavioral Health Services Administrator, Designated Mental Health Authority, Director, and Director’s supervisor. • The request must be made at least 12 hours prior to expiration using the Request for Extended Confinement/Removal from Programming Form • All required approvals must be issued in writing prior to the confinement being extended over 120 hours • Approval must be re-issued every 24 hours

41. Conducting the Disciplinary Hearing Probating a Sanction • Any sanction may be probated for up to 30 days • Further rule violations with a guilty finding will result in the probated sanctions being imposed along with any possible sanctions for the new offense. (Any room confinement over 72 hours requires approval.) • At the end of 30 days, the probation will be discontinued and the sanction may no longer be imposed. • The probated sanction will be indicated on the youth’s Positive Behavior Strategies.

42. Conducting the Disciplinary Hearing • The facility Director or designee will review all disciplinary hearings and dispositions. • Sanctions resulting in room confinement will be reviewed and approved by the facility Director or designee prior to imposition.

43. Documenting the Disciplinary Hearing • See DJJ 16.5, Attachment G – Hearing Form • Indicate hearing date/time and DR # at the top • Staff advocate to complete “Advocate” section, or mark “No Staff Advocate”. • List each rule violation separately, including the youth’s plea, your finding, and the sanction. • Justify the reason for your findings in the “Justification” section – Why did you find the youth guilty or not guilty? What evidence supported your findings? • Complete “Youth Notification” section. • Sign the form. • If there is ANY guilty finding, send a copy of the form to the facility case manager (counselor).  • Give a copy of the form to the youth • Route the form to the Director.

44. Appeals • See DJJ 16.5, Attachment H – Appeal Form • Youth has the right to file an appeal to the Director or designee within 15 days of the hearing • Director or designee must respond within 3 working days • Sanction will be carried out while the appeal is pending • Any reversal of the decision will result in the information about the hearing being removed from the youth’s record

45. Services in Confinement

46. Administrative Visits in Confinement Service: • The shift supervisor will have a face to face encounter with all youth in confinement at the beginning of 1st and 2nd shifts (including holidays and weekends). Documentation: • Confinement Checks Form • When a youth’s status changes from pre-hearing confinement to disciplinary confinement, the status change will be documented on the Confinement Checks Form and a new form will not be initiated.

47. Medical Services in Confinement Service: • RN to visit youth face to face every day Documentation: • Confinement Checks Form • JTS progress note

48. Education Services in Confinement Service: • Certified teacher to visit youth face to face 2 times every school day to deliver, explain and monitor lessons • Youth provided with writing utensil to complete work, unless there is a safety/security concern Documentation: • Confinement Checks Form • JTS Progress Note

49. Counseling Services in Confinement Service: • Counselor to visit youth face to face every school day Documentation: • Confinement Checks Form • JTS progress note The local operating procedure will specify the level of staff to provide confinement visits and may include staff other than the case managers who have been specifically trained to provide these visits. The local operating procedure must be approved by the facility Director and the respective Division.

50. Behavioral Health Services in Confinement Service: • Behavioral Health Staff to visit youth face to face every day Documentation: • Confinement Checks Form • JTS progress note The local operating procedure will specify the level of staff to provide confinement visits and may include staff other than behavioral health staff who have been specifically trained to provide these visits. The local operating procedure must be approved by the Regional Behavioral Health Services Administrator, Designated Mental Health Authority, Regional Health Services Administrator, Designated Health Authority, and facility Director.