§10A-2-7-305. Agreements to establish or maintain community-based
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youth service programs, shelters and community intervention centers.
A. The Office of Juvenile Affairs is authorized to enter into contracts to establish or maintain community-based youth service programs, shelters and community intervention centers out of local, state and federal monies.
B. The Office of Juvenile Affairs shall take all necessary steps to develop and implement a diversity of community services and community-based residential care as needed to provide for adequate and appropriate community-based care, treatment and rehabilitation of children in the care, custody, and supervision of the Office of Juvenile Affairs. Such community services and residential care shall be consistent with the treatment needs of the child and the protection of the public.
1. The Office of Juvenile Affairs shall, to the extent reasonable and practicable, provide community-based services, community residential care and community intervention centers to children in the custody of the Office of Juvenile Affairs through financial agreements, as authorized in Sections 2-7-303 and 2-7-304 of this title.
2. The Office of Juvenile Affairs shall establish procedures for the letting of grants or contracts, and the conditions and requirements for the receipt of such grants or contracts, for community-based services, community residential care and community intervention centers. A copy of such procedures shall be made available to any member of the general public upon request.
C. Any state agency letting grants or contracts for the establishment of community residential care or treatment facilities for children shall require, as a condition for receipt of such grants or contracts, documented assurance from the agency or organization establishing such facility that appropriate arrangements have been made for providing the educational services to which residents of the facility are entitled pursuant to state and federal law.
D. 1. The Office of Juvenile Affairs shall certify community intervention centers that are established by one or more municipalities or one or more counties or juvenile bureaus pursuant to rules promulgated by the Board of Juvenile Affairs. The municipality, county or juvenile bureau may enter into contracts or subcontracts with one or more service providers. The service provider, whether a municipality, county or other entity, must have access to the management information system provided for in Section 2-7-308 of this title and must employ qualified staff, as determined by the Office of Juvenile Affairs.
2. The community intervention center shall serve as a short- term reception facility to receive and hold juveniles who have been taken into custody by law enforcement agencies for the alleged violation of a municipal ordinance or state law or who are alleged to be in need of supervision and for whom detention is inappropriate or unavailable. The community intervention center may receive and hold juveniles for whom detention is appropriate and available pending transportation by law enforcement to a detention facility; provided, custody by law enforcement shall not be relinquished to the community intervention center until detention eligibility and bed availability are determined by the designated detention screener and an order for detention is issued.
The community intervention center may be a secure facility. Juveniles held in the community intervention facility shall not be isolated from common areas other than for short-term protective holding for combative or self- destructive behavior, as defined by the Office of Juvenile Affairs.
3. Juveniles shall not be held in a community intervention center for more than twenty-four
(24)hours.
4. The community intervention center shall perform the following functions:
a. enter demographic information into the management
information system provided for in Section 2-7-308 of
this title,
b. immediately notify the parents or parent, guardian, or
other person legally responsible for the juvenile's
care, or if such legally responsible person is
unavailable the adult with whom the juvenile resides,
that the juvenile has been taken into custody and to
pick up the juvenile,
c.
hold juveniles until they can be released to a parent,
guardian, or other responsible adult or until a
temporary placement can be secured, but in no event
for longer than twenty-four
(24)hours, and
d. ensure that a written promise is executed by the
parent, guardian or other responsible adult to bring
the child to court at any time if a petition is to be
filed.
5. The community intervention center may perform the following functions:
a. gather information to determine if the juvenile is in
need of immediate medical attention,
b. conduct an initial assessment pursuant to rules
promulgated by the Board. Such initial assessment may
be given without parental consent if the juvenile
agrees to participate in the assessment, and
c. conduct an assessment pursuant to a Problem Behavior
Inventory or a Mental Status Checklist or an
equivalent assessment instrument authorized by rules
promulgated by the Board, if written permission to do
so is obtained from the parent, guardian or other
person legally responsible for the care of the
juvenile. Such person and the juvenile may review the
assessment instrument prior to the assessment process,
must be informed that participation in the assessment
is voluntary and that refusal to participate shall not
result in any penalty, and must sign a written
acknowledgment that they were given an opportunity to
review the assessment instrument. The assessment
shall be used to develop recommendations to correct
the behavior of the juvenile, to divert the
progression of the juvenile into the juvenile justice
system, to determine if the juvenile is in need of
nonemergency medical treatment, and to determine if
the juvenile is the victim of violence. Information
derived from the assessment shall not be made
available to prosecutors or the court prior to
adjudication of the alleged offense, and shall not be
used in any phase of prosecution but may be used by
the court following adjudication for the dispositional
order and may be used for referrals to social
services.
6. A juvenile alleged to have committed an offense which would be a felony if committed by an adult may be fingerprinted at a community intervention center. No other juveniles shall be fingerprinted at community intervention centers.
7. Community intervention centers shall be certified pursuant to standards established by the Office of Juvenile Affairs and rules promulgated by the Board. Added by Laws 1976, p. 600, S.J.R. No. 56, § 1, emerg. eff. March 16, 1976. Amended by Laws 1978, c. 307, § 1, emerg. eff. May 10, 1978; Laws 1982, c. 312, § 12, operative July 1, 1982; Laws 1984, c. 182, § 3, emerg. eff. May 7, 1984; Laws 1989, c. 345, § 4, eff. Oct. 1, 1989; Laws 1990, c. 302, § 12, eff. Sept. 1, 1990; Laws 1995, c. 352, § 81, eff.
July 1, 1995. Renumbered from § 607 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1996, c. 247, § 13, eff. July 1, 1996; Laws 1999, c. 365, § 3, eff. Nov. 1, 1999; Laws 2006, c. 320, § 8, emerg. eff. June 9, 2006; Laws 2009, c. 234, § 9, emerg. eff. May 21, 2009. Renumbered from § 7302-3.5 of Title 10 by Laws 2009, c. 234, § 171, emerg. eff. May 21, 2009. Amended by Laws 2013, c. 404, § 21, eff. Nov. 1, 2013; Laws 2015, c. 273, § 1, eff. Nov. 1, 2015;
Laws 2017, c. 225, § 1, eff. Nov. 1, 2017.