Department custody. A. The Department of Human Services shall promulgate written rules, policies, and procedures governing the operation of those residential care facilities, including group homes, operated by or under contract with the Department wherein a child may be placed, requiring assurance that at least one employee of the facility is designated and authorized to apply the reasonable and prudent parent standard to decisions involving the participation of a child in age- appropriate or developmentally appropriate activities. The authorized employee shall be provided with training on how to use and apply the reasonable and prudent parent standard. B. The policies prescribed shall, at a minimum, ensure that: 1. A child shall not be punished by physical force, deprivation of nutritious meals or family visits, or solitary confinement; 2. A child shall have the opportunity to participate in physical exercise each day; 3. A child shall be allowed daily access to showers; 4. A child shall be allowed his or her own clothing or individualized clothing which is clean; 5. A child shall have constant access to writing materials and may send mail without limitation, censorship, or prior reading, and may receive mail without prior reading, except that mail may be opened in the presence of the child, without being read, to inspect for contraband or if authorized by the court for the protection of the child; 6. A child shall have a right to communicate and to visit with his or her family on a regular basis, and to communicate with persons in the community provided the communication or visitation is in the best interests of the child; 7. A child shall have timely access to medical care as needed; 8. A child in the custody or care of the Department shall be provided access to an education including teaching, educational materials, and books; 9. A child shall have a right to access to the child's attorney; 10. A child shall be afforded a grievance procedure, including an appeal procedure; 11. The behavioral health needs of the child shall be met, protected, and served through provision of guidance, counseling, and treatment programs, staffed by competent, professionally qualified persons; 12. The emotional and developmental growth of the child shall be encouraged by allowing the child to participate in age- appropriate and developmentally appropriate extracurricular, enrichment, cultural, and social activities, using a reasonable and prudent parent standard; and 13. Use of physical force, when authorized, shall be the least force necessary under the circumstances and shall be permitted only under the following circumstances: a. for self-protection, b. to separate children who are fighting, c. to restrain children in danger of inflicting harm to themselves or others, or d. to deter children who are in the process of leaving the facility without authorization. C. Any contract or agreement entered into by the Department for the residential care and treatment of children in the custody of the Department shall provide that a failure to comply with the provisions of this section may result in a termination or cancellation of the contract or other appropriate sanction. Added by Laws 1982 c. 312, § 34, operative July 1, 1982. Amended by Laws 1986, c. 286, § 7, eff. Nov. 1, 1986; Laws 1990, c. 51, § 9, emerg. eff. April 9, 1990; Laws 1995, c. 352, § 53, eff. July 1, 1995. Renumbered from § 1403.1 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 2002, c. 327, § 20, eff. July 1, 2002; Laws 2009, c. 233, § 68, emerg. eff. May 21, 2009. Renumbered from § 7004-3.2 of Title 10 by Laws 2009, c. 233, § 279, emerg. eff. May 21, 2009. Amended by Laws 2010, c. 358, § 4, emerg. eff. June 7, 2010; Laws 2015, c. 173, § 7, eff. Nov. 1, 2015.
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