Section 801.890  Release

a)         Pre-release Planning

1)         There shall be a written plan that provides for a structured community re-entry for youth based on the youths' overall progress and gains in personal development, maturity, stability, and recognized placement needs.  The plan shall include provisions for:

A)        Goals and objectives to be met while in secure care;

B)        Temporary releases in order to allow youth the opportunity to be gradually exposed to less restrictive settings; and

C)        The Transition Plan for Continuing Care for final release.

2)         Pre-release planning for each youth's transition shall be undertaken by the facility in collaboration with the Department of Children and Family Services and the Licensing Administrator.  The Department of Children and Family Services is responsible for coordinating community placements.

b)         Temporary Releases

1)         Temporary release provisions shall include criteria for recommending temporary release into the community, including escorted and unescorted day leaves.

2)         Youth may be allowed to participate in a temporary release program for reasons including, but not limited to, restitution, school release, and work training.

3)         Temporary releases shall be subject to prior approval of the Department. Upon approval and prior to release, the facility shall notify the Department of Children and Family Services.

4)         Youth shall be advised in writing of the conditions of temporary release and the behavior that is unacceptable during temporary release, including sanctions that may be applied to youth who violate the conditions or exhibit unacceptable behavior.

c)         Transition Plan for Continuing Care

1)         The written plan for final releases shall include, but not be limited to:

A)        Criteria for release;

B)        Time for release;

C)        Community placement in a residential center, foster home, group home, or family home or semi-independent or independent living in the community.

2)         Each youth shall be scheduled for release to a less restrictive setting as soon as his or her plan objectives are achieved or the mandatory discharge date is reached.

3)         Release planning for youth shall be initiated at least 90 days prior to the mandatory discharge date.

4)         The date for submission of the discharge notice by the Department to the court and State's Attorney shall be included in the Transition Plan for Continuing Care.

5)         Each youth's Transition Plan shall be subject to approval by the Licensing Administrator.

6)         Changes to the Transition Plan may be made at any time due to altered circumstances and the plan may be modified or withdrawn upon approval of the Licensing Administrator.

d)         Final Release

1)         When approved by the Licensing Administrator, each youth's Transition Plan for Continuing Care shall be processed according to the plan's scheduled requirements.

2)         Youth may be released earlier than initially anticipated in conformity with the facility's previously established and written criteria and with the concurrence of the Department.

3)         Youth shall be given the reasons for any deferral of release in writing and the decision shall be recorded in the case record.

4)         The Department shall not accept the presence of a detainer as an automatic bar to release.  The Licensing Administrator shall determine the basis of any such detainer and release the youth to a detainer, when appropriate.

5)         Release to community placement shall be with the express written authorization of the Deputy Director.

e)         Discharge Notice

1)         Thirty days prior to implementation of the Transition Plan for Continuing Care, the Licensing Administrator shall provide notice to the Juvenile Court and the State's Attorney of the Department's intent to discharge a secure care youth.  The notice shall be accompanied by an approved copy of the Transition Plan.

2)         The Department's custodianship shall automatically terminate 30 days after the court and State's Attorney are provided notice of intent to discharge custodianship.

f)          Records of Discharged Youth

The facility, upon notice of discharge and following the release of the youth from secure care, shall return all master record files to the Department at the address provided by the Licensing Administrator.  Master record files include medical and educational records.  The facility shall retain all operational records for a period of at least five years.