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Statutes Text

Article - Human Services


    (a)    The Department shall adopt regulations that set standards for juvenile detention facilities operated by the Department and by private agencies under contract with the Department.

    (b)    The standards shall reflect the following central purposes of juvenile detention:

        (1)    to protect the public;

        (2)    to provide a safe, humane, and caring environment for children; and

        (3)    to provide access to required services for children.

    (c)    The standards shall include provisions establishing:

        (1)    a policy that eliminates the unnecessary use of detention and that prioritizes diversion and appropriate nonsecure alternatives;

        (2)    criteria for the placement of a child in a particular juvenile detention facility;

        (3)    population limits for each juvenile detention facility that may not be exceeded except in emergency circumstances;

        (4)    a requirement that staffing ratios and levels of services be maintained during emergencies;

        (5)    specifications for the architectural structure of a juvenile detention facility;

        (6)    staff qualifications and training, including training in recognizing and reporting child abuse and neglect;

        (7)    the ratio of staff to children in a juvenile detention facility;

        (8)    the rights of children in a juvenile detention facility, including the right to privacy, visitors, telephone use, and mail delivery;

        (9)    prohibitions against the use of excessive force against a child;

        (10)    internal auditing and monitoring of programs and facilities in the juvenile services system;

        (11)    prohibitions against the use of physical restraints on an individual known to be in the third trimester of pregnancy or during labor, delivery, or postpartum recovery, including during all transports, unless a facility superintendent or the facility superintendent’s designee determines that a physical restraint is necessary to protect the individual from harming herself or others or to prevent the individual’s escape from custody; and

        (12)    a policy concerning a safety plan for the safety of juveniles detained in a facility, including:

            (i)    the means to implement the safety plan or a safety or emergency plan established for the facility for another purpose; and

            (ii)    a requirement that the safety plan be revised not less than every 5 years.

    (d)    The standards shall be consistent with this title and Title 3, Subtitle 8A of the Courts Article.

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