3. Attendant Care program - Laserfiche WebLink

III. DETENTION COl\1PONENT A. Definition Detention is defined as the supervision of a juvenile in a physically secure setting in a manner that meets all established State jail and detention standards. For the purpose of the SDSS Program, detention reimbursements can be made for supervision in any facility that meets the State standards and confonns to the federal definition of a Juvenile Detention Facility pursuant to the Juvenile Justice and Delinquency Prevention (JJDP) Act. The federal definition recognizes any State licensed facility which is not located on the same grounds as a facility used to detain adults; or, if located on the same grounds, the facility must meet the following additional requirements: 1, Complete structural separation between juvenile and adult facility living areas. 2. Total separation in all juvenile and adult program activities within the facilities, including recreation, education, counseling, health care, dining, sleeping, and general living activities. This may be achieved by time phasing, however policies must ensure that there could be no haphazard or accidental contact between juvenile and adult residents in the respective facilities. 3, Separate juvenile and adult staff, including management, security staff, and direct care staff such as recreation, education, and counseling. Specialized services staff such as cooks, bookkeepers, and medical professionals who are not nonnally in contact with detainees or whose infrequent contacts occur under conditions of separation of juveniles and adults, can serve both. B. Eligibility for Detention Reimbursement Although State law allows the placement of juveniles accused of either status or delinquent offenses into a juvenile detention facility, for the purposes of this Program, Detention can be provided and reimbursement received for those juveniles that meet the SDSS detention criteria. These criteria are detailed in Appendix D (SDSS Detention Criteria), In general, Detention under SDSS is designed for those juveniles who are accused of having committed a serious felony offense and would pose a danger to themselves or others if not securely detained. In some if not all juvenile court jurisdictions, North Dakota Century Code 27-20 is interpreted to allow only the local juvenile court to approve the use of secure detention for a juvenile. For the purpose of SDSS reimbursement for secure detention, either the state juvenile court or an individual authorized by the state juvenile court must approve the detention. C. Length of Placement State Law and Supreme Court Rule indicates that a juvenile held in a secure facility will appear in court within 24 hours excluding weekends and holidays. SDSS reimbursement for a Detention placement will therefore be allowed until the detention hearing or for up to 96 hours of care, whichever comes first. July 2008 - Page 9