Division of Youth Services - Community Service Policy Manual

Mississippi Administrative Code

Section: 18-29

Jurisdiction: MS

Bluebook Citation: 18 Miss. Admin. Code Pt. 29

Title 18: Mississippi Department of Human Services Part : Division of Youth Services – Office of Community Services Policy Manual

MISSISSIPPI DEPARTMENT OF HUMAN SERVICES 200 SOUTH LAMAR STREET JACKSON, MISSISSIPPI 39201 Telephone: (601) 359-4500

Table of Contents Chapter 1: General Overview ........................................................................................................ 1 Rule 1.1 Authority and Purpose .................................................................................................. 1 Rule 1.2 Youth Services Contact Information ............................................................................ 1 Chapter 2: Definitions ..................................................................................................................... 2 Chapter 3: Case Management Applications .................................................................................... 4 Rule 3.1 Youth Services Specialist Files .................................................................................... 4 Rule 3.2 Informal Adjustment Agreement .................................................................................. 4 Rule 3.3 Formal Probation .......................................................................................................... 4 Rule 3.4 Adolescent Team (A-Team) ......................................................................................... 4 Rule 3.5 Risk/Needs Assessment ................................................................................................ 5 Rule 3.6 Case Supervision Plan .................................................................................................. 5 Rule 3.7 Commitment to Oakley Campus .................................................................................. 5 Rule 3.8 Parole from Oakley Campus ......................................................................................... 5 Rule 3.9 Interstate Compact for Juveniles .................................................................................. 6

Title 18:

Mississippi Department of Human Services

Part :

Division of Youth Services – Office of Community Services Policy Manual

Chapter 1:

General Overview

Rule 1.1 Authority and Purpose A. The Mississippi Department of Human Services (MDHS), Division of Youth Services (DYS) shall administer probation, aftercare services and institutional programs for juveniles who have been adjudged delinquent in Mississippi Youth Courts or are at risk of becoming delinquent. B. The Division of Youth Services is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and in so doing have endangered their own safety and the safety of others. Source: Miss. Code Ann. § 43-27-20, Miss. Code Ann. § 43-25-101, 34 U.S.C. §§ 11131-11133

Rule 1.2 Youth Services Contact Information Address:

Mississippi Department of Human Services Division of Youth Services 200 S. Lamar Street P. O. Box 352 Jackson, MS 39201

Phone:

1-866-312-7215

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Chapter 2: Definitions Case Supervision Plan: A plan that the Community Services Section, Youth Services Specialist utilizes with youth and families to facilitate youth in meeting established goals while on probation or parole. Child in Need of Supervision: A child who has reached at least his seventh birthday and is in need of treatment or rehabilitation because the child: A. Is habitually disobedient of reasonable and lawful commands of his parent, guardian and/or custodian and is ungovernable; or B. Is habitually and without justification absent from school violating the state’s compulsory school attendance law; or while being required to attend school, willfully and habitually violates the rules; or C. Runs away from home without good cause; or D. Has committed a delinquent act or acts. Community Services, Youth Services Specialist File: The official record maintained by Community Services for each youth referred to a Youth Services Specialist. The documents maintained in the files outline the youth’s program service delivery and other youth-specific case documents. Delinquent: A child who has reached at least his/her tenth birthday and who has committed a delinquent act or acts. Graduated Response: A system of sanctions and incentives implemented by the Youth Services Specialist. Incentive: A motivational tool utilized by awarding youth for making positive strides towards meeting their short and/or long-term goals. Informal Adjustment Agreement: A written agreement between the Youth Services Specialist, the youth and his/her parent(s), guardian(s) and/or custodian(s), which outlines the terms and conditions of the Informal Adjustment Agreement. Entering an Informal Adjustment Agreement is voluntary; it is not an admission of wrongdoing, and it does not constitute an adjudication of delinquency. Interstate Compact for Juveniles (ICJ): An agreement pertaining to the legally authorized transfer or supervision and care, as well as the return of juveniles from one state to another, which has been adopted by all member states that have enacted legislation in substantially the same language. The agreement does not include or provide for the transfer of court jurisdiction from one state to another.

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Non-Reporting Probation: A disposition, which allows a youth under the court’s jurisdiction to remain in his/her community under certain terms and conditions, set forth by the court. The youth is not required to report to the Youth Services Specialist. Parole: A period of time when a youth who has been released from Oakley Youth Development Center (OYDC) is supervised by the Office of Community Services in his/her community of residence. Probation: A disposition, which allows a youth under the court’s jurisdiction to remain in his/her community under the supervision of a Youth Services Specialist, under certain terms and conditions, set forth by the court. Protective Factors: Factors that exist within an individual’s situation/circumstances that may mitigate a youth’s overall risk. Risk/Needs Assessment: An assessment instrument and process used to classify youth and to determine levels of risk, need, and supervision. The Risk/Needs assessment is used to ensure that youth are served in the least restrictive placement appropriate to the identified risks and needs. Sanction: A measure imposed for a violation(s) of probation or parole conditions. System of Care: A coordinated network of agencies and providers working as a team to make full range mental health and other necessary services available as needed by children with mental health problems, and their families. Violation: An act of non-compliance with a condition of probation/parole.

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Chapter 3: Case Management Applications Rule 3.1 Youth Services Specialist Files The Mississippi Department of Human Services, Division of Youth Services, Youth Services Specialists will establish files for every youth on his/her caseload. The use and content of all Youth Services Specialist files shall include: A. The youth's right to privacy, B. Secure placement and preservation and C. Ensure confidentiality mandated by law. Source: Miss. Code Ann. § 43-21-259 Rule 3.2 Informal Adjustment Agreement Any juvenile who has entered an Informal Adjustment Agreement shall be supervised by a Youth Services Specialist for a period of up to six (6) months. Source: Miss. Code Ann. § 43-21-405 Rule 3.3 Formal Probation A. Any juvenile adjudicated "delinquent" or a "child in need of supervision" (CHINS) and is placed on probation status will be supervised by a Youth Services Specialist for a period of time specified by a Youth Court Judge or Referee. B. Any youth adjudicated "delinquent" or a "child in need of supervision" along with his or her parent(s) or guardian(s), will enter into a probation contract with the Mississippi Department of Human Services, Division of Youth Services, regardless of reporting guidelines. Supervision and monitoring of youth placed on unsupervised or non-reporting probation is not required. Source: Miss. Code Ann. § 43-21-605 Rule 3.4 Adolescent Team (A-Team) A. MDHS shall establish an Adolescent Team (A-Team) in each Youth Services Region. B. The A-Team shall provide System of Care services for non-violent youthful offenders who have serious behavioral or emotional disorders. Source: Miss. Code Ann. §43-14-1 4

Rule 3.5 Risk/Needs Assessment A. MDHS shall use a validated risk/needs assessment tool. B. An evidence-based risk/needs assessment will be utilized to assist in making judgments about a youth’s risk for future general re-offending and violence and for identifying a youth’s need(s) in order to inform case planning. Source: Miss. Code Ann. §43-27-20 Rule 3.6 Case Supervision Plan A. MDHS will utilize a Case Supervision Plan to encourage and support youth to comply with the terms of probation and parole and meet established goals during the course of supervision. B. MDHS will guide the behavior of youth in the community using a system of graduated responses, including both sanctions and incentives. 1. If a youth violates the terms of his/her probation appropriate sanctions will correspond with the severity of the violation. 2. Incentives will be utilized to encourage and support positive behavior and attainment of short-term and long-term goals set forth in the youth’s Case Supervision Plan. Source: Miss. Code Ann. §43-27-20 Rule 3.7 Commitment to Oakley Campus MDHS will ensure Youth Services Specialist compile and provide all documents required for admission to Oakley Youth Development Center, once committed. Source: Miss. Code Ann. §43-21-605 Rule 3.8 Parole from Oakley Campus Any youth paroled from and no longer in the custody of Oakley Youth Development Center will enter into a parole agreement, and be supervised by a Youth Services Specialist with the Division of Youth Services, Office of Community Services, for a period of at least six (6) months.

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Source: Miss. Code Ann. § 43-21-605 Rule 3.9 Interstate Compact for Juveniles MDHS shall complete all required paperwork and monitor youth that are involved with Youth Court through the Interstate Commission for Juveniles, Interstate Compact for Juveniles (ICJ). Each state, to include Mississippi, is a party to the ICJ. Each state shall process all referrals involving youths for which services have been requested, providing the youths are under Youth Court jurisdiction in the sending state, or its equivalent. Receiving states shall adhere to the laws and jurisdictional guidelines of the sending states in providing services for youth, not those of the receiving states. Source: Miss. Code Ann. §43-25-101

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