Section 801.400  Personnel

a)         A personnel manual shall be established and made available to staff which includes at a minimum:

1)         An explanation of the requirements for pre-employment background checks of applicants;

2)         A facility organizational chart;

3)         Staff development, including orientation and in-service training and professional continuing education;

4)         Insurance and professional liability;

5)         Standards of conduct for employees;

6)         Drug-free and smoke-free workplace polices; and

7)         Work rules.

b)         Employees and volunteers shall be required to sign a statement acknowledging access to and knowledge of the personnel policies and his or her responsibility for complying with same.

c)         Staffing of personnel shall be sufficient to ensure:

1)         Continuous and effective supervision of youth is maintained at all times;

2)         Youth have adequate access to staff, programs, and services; and

3)         The safe and secure operation of the security systems and physical plant.

d)         The facility shall comply with all federal, State, and local laws regarding equal employment opportunities.

e)         The facility shall provide a mechanism to process requests for reasonable accommodation of the known physical or mental impairments of a qualified individual with a disability, either an applicant or an employee.  The accommodation need not be granted if it would impose an undue hardship or a direct threat to the health or safety of the individual or others that cannot be reduced or eliminated by reasonable accommodation.

f)          At a minimum, the Chief Administrative Officer shall:

1)         Be qualified by training and experience to supervise staff and youth;

2)         Have demonstrated the skill to work with and manage youth of the type served in the program;

3)         Have demonstrated the ability to work cooperatively with administration, staff, and persons external to the program; and

4)         Be required to have either:

A)        A Master's Degree in the field of Social Work; three years work experience with youth, two of which were in secure institutional or other residential group care programs; and an additional two years of administrative experience; or

B)        A Master's Degree in the field of Humanities; three years work experience with youth, two of which were in secure institutional or other residential group care programs; and an additional two years of administrative experience; or

C)        A Bachelor's Degree; five years work experience with children, three of which were in secure institutional or other residential group care programs; and an additional two years of administrative experience.

g)         All professionals shall be qualified in their field and licensed in compliance with statutory requirements.

h)         Youth direct care staff shall have the following qualifications:

1)         Be at least 21 years of age;

2)         Hold a high school diploma or GED certificate;

3)         Be in good physical and mental health;

4)         Have the capacity to relate constructively to authority;

5)         Demonstrated skill in working with and managing youth of the type served in the program;

6)         Demonstrated ability to work cooperatively with other staff and a variety of persons external to the program, including representatives of other facilities, agencies, and parents of the youth; and

7)         Have the capacity to serve as a role model for youth.

i)          Youth direct care supervisors shall have the following qualifications:

1)         Be at least 25 years of age;

2)         Have two years of college credits; and

3)         Have two years of full-time experience in a child care or correctional program.

j)          All temporary appointments are subject to the same standards as permanent employees.

k)         A criminal record check and Child Abuse and Neglect Tracking System (CANTS) review shall be conducted, prior to employment, appointment, or service, in accordance with Section 801.90 of this Part, on all applicants, volunteers, or other persons who will have regular contact with youth.

l)          Persons who will have regular contact with youth shall receive a physical examination prior to employment to determine their ability to perform the essential functions of the job.  The facility may establish a schedule for periodic re-examinations.

m)        The facility shall establish a drug-free and smoke-free workplace policy which shall be reviewed at least annually.  The policy shall include at a minimum:

1)         Pre-employment testing for the presence of illegal or controlled substances;

2)         Prohibit the use of illegal substances or misuse of controlled medications;

3)         Prohibit possession of any illegal substance except in the performance of official duties;

4)         Testing for substance abuse based on reasonable suspicion;

5)         Availability of treatment or counseling for substance abuse; and

6)         The penalties for violation of the policy.

n)         Employee performance shall be reviewed annually based on defined criteria and the results shall be discussed with the employee.

o)         The facility shall maintain a current, accurate, confidential personnel record on each employee and volunteer.  Information obtained as part of a medical examination or inquiry regarding the medical history or condition of an applicant or employee shall be collected and maintained in a separate confidential medical record.  Representatives of the Department shall have unrestricted access to employee personnel files for any purpose, including compliance auditing, investigations, and administrative supervision.

p)         Facility staff shall be provided with an identification card or badge (ID).  The ID shall be worn at all times while on duty.

q)         Employees shall be prohibited from using their official positions to secure privileges for themselves or others and from engaging in activities that constitute a conflict of interest or violation of written standards of conduct.

r)          Employees, volunteers, consultants, and contractual personnel who work with youth shall be informed in writing about the facility's policies on confidentiality of information and agree in writing to abide by them.