§ 1391. Discipline Process.

The facility administrator shall develop and implement written policies and procedures for the administration of discipline which shall include, but not be limited to:

(a) designation of personnel authorized to impose discipline for violation of rules;

(b) prohibiting discipline to be delegated to any youth;

(c) definition of major and minor rule violations and their consequences, and due process requirements;

(d) minor rule violations which may be handled informally by counseling, advising the youth of expected conduct imposing a minor consequence. Discipline shall be accompanied by written documentation and a policy of review and appeal to a supervisor; and,

(e) major rule violations which may include withdrawal from group activities for 24 hours or more or extension of time in custody. Major rule violations and the discipline process shall be documented and require the following:

(1) written notice of violation prior to a hearing;

(2) hearing by a person who is not a party to the incident;

(3) opportunity for the youth to be heard, present evidence and testimony;

(4) provision for youth to be assisted by staff in the hearing process;

(5) provision for administrative review.

(f) violations that result in a removal from camp or commitment program, but not a return to court, will follow the due process provisions in subsection (e) above.

HISTORY

1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).

2. Amendment of subsections (d) and (e) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).

3. Amendment of section and Note filed 12-2-2013; operative 4-1-2014 (Register 2013, No. 49).

Note

Note: Authority cited: Sections 210 and 885, Welfare and Institutions Code. Reference: Section 209, Welfare and Institutions Code.