Section 29-6299. DEFINITIONS

 

Act - The Youth Residential Facilities Licensure Act of 1986, effective August 13, 1986, D.C. Law 6-139, D.C. Code § 3-801 et seq.

 

Administrator - The person responsible for the operation of the facility or that person's designee.

 

Admission - The administrative process of a child's entry into a facility.

 

Aftercare - Control, supervision, and care exercised over children released from facilities.

 

Annual license - A license that is granted to a facility whose program, facilities, and operations meet the standards of this Chapter.

 

Applicable licensing agency - For youth residential facilities intended primarily for detained or delinquent youth or children in need of supervision, the applicable licensing agency is the Youth Services Administration. For all other facilities, the applicable licensing agency is the Child and Family Services Agency.

 

Audit - An examination of records or accounts to check their accuracy, which is conducted by a person or persons not directly involved in the creation and maintenance of these records or accounts. An independent audit results in an opinion based on generally accepted accounting principals (GAAP) that either affirms or disaffirms the accuracy of the records or accounts audited.

 

Business day - All days excluding Saturdays, Sundays, and legal holidays.

 

Case record - All information maintained by a facility concerning a resident.

 

CFSA - Child and Family Services Agency.

 

Child or Children - Any individual who is:

 

(a)Under 18 years of age;

 

(b)18 to 20 years of age and the subject of a consent decree or dispositional order entered pursuant to proceedings of the Family Division of the Superior Court of the District of Columbia, D.C. Code § 16-2301 et seq.; or

 

(c)18 to 21 years of age and has an individualized education program pursuant to the Individuals with Disabilities Education Act, approved April 13, 1970, Pub.L. 91-230, 84 Stat. 175, 20 U.S.C. § 1400 et seq.

 

Children in need of supervision--A child who is in need of care and rehabilitation and who:

 

(a)Is subject to compulsory school attendance and is habitually truant from school without justification;

 

(b)Has committed an offense committable only by children; or

 

(c)Is habitually disobedient of the reasonable and lawful commands of his parent(s), guardian(s), or other custodian and is ungovernable.

 

Continuing care - Ongoing supervision and care designed to nurture a resident's growth and development, meet basic health needs, and monitor applicable school or work attendance.

 

Contracting entity - Any public or private entity or individual that places or offers to place a child in a youth residential facility. The term includes, but is not limited to, the Child and Family Services Agency, the Youth Services Administration, and their successors. Where the contracting entity is not also the child's legal custodian, the term shall be read to include, in addition to the contracting entity, the child's legal custodian.

 

CSSD - Court Social Services Division of the District of Columbia Superior Court.

 

DCMR - District of Columbia Municipal Regulations.

 

Emergency care facility(ies) - Facilities that provide temporary supervision and care, usually not exceeding ninety (90) calendar days and provided as a result of an individual or family crisis, that includes monitoring of applicable school or work attendance and an assessment of a resident's physical, psychosocial, and educational needs.

 

Facility - See youth residential facility.

 

Independent living programs--Programs for adolescent and young adults that provide monitored residences in apartments or single dwelling units and serviced around preparing the adolescent or young adult to live successfully, on his or her own, in the community. Residents can include teen mothers and their children. Also known as a supervised apartment.

 

Individual Service Plan (ISP)--A document that sets forth a facility's plan for the resident's health, safety, welfare, and general well-being. The ISP includes the individualized treatment plan, as provided in section 7 of the Act (D.C. Code § 3-806).

 

Licensing agency - Child and Family Services Agency or Youth Services Administration.

 

Person - An individual, corporation, trustee, receiver, guardian, representative, firm, partnership, society, school, agency or other entity.

 

Provisional license - A license that may be issued if the applicant is temporarily unable to comply with all of the requirements of this Chapter and under the condition that the requirements will be met within a specific length of time.

 

Resident - A child residing in a youth residential facility.

 

Residential treatment center(s) - Facilities that are characterized by an emphasis on therapeutic intervention for residents who cannot or do not function satisfactorily in their own home or community. Staff provide twenty-four (24) hour supervision and a variety of professional services, such as individual or group psychotherapy, formal schooling, social skills training, recreation, and various other forms of therapy. Usually these facilities are located on a campus setting and utilize dormitory-type housing. These facilities may be locked or staff secure.

 

Restricted license - A license that is issued to a facility not in compliance with these regulations that prohibits the facility from accepting new residents or providing certain specified services that it otherwise would be authorized to provide.

 

Runaway shelters - Short-term facilities that house minor children who have departed the parental or legal guardian home, contrary to the wishes of the parent or guardian. Runaway shelters provide safety, twenty-four (24) hour supervision, physical and emotional nourishment and counseling to help resolve the difficulties between the children and their parent(s), so that the children can return to the parental home.

 

Staff or Staff person or Staff member - All employees of the facility and any other person (including, without limitation, volunteers, independent contractors, and vendors) regularly providing services at the facility. A person regularly provides services at the facility if the person:

 

(a)Visits the facility on at least a weekly basis;

 

(b)Visits the facility for at least ten (10) hours per month; or

 

(c)Provides direct care and supervision of residents.

 

Therapeutic care - An intensive, professionally supervised program of education and treatment designed to meet a resident's physical, psychosocial, and educational needs as identified in an individualized treatment plan and if applicable, an individualized education program.

 

Youth group homes - Facilities that provide twenty-four (24) hour care for residents. Youth group homes maintain staff to meet the physical, emotional and developmental needs of their residents and provide supervision, guidance and recreation to their residents.

 

Youth residential facility - A residential placement providing adult supervision and care for one (1) or more children who are not related by blood, marriage, guardianship, or adoption (including both final and nonfinal adoptive placements) to any of the facility's adult caregivers and who were found to be in need of a specialized living arrangement as the result of:

 

(a)A detention or shelter care hearing held pursuant to D.C. Code § 16-2312;

 

(b)A dispositional hearing held pursuant to D.C. Code § 16-2317;

 

(c)Family crisis, homelessness, runaway status, or other circumstances creating a need for out-of-home supervision and care; or

 

(d)A mental or physical disability that requires, in accordance with 20 U.S.C. § 1401, et seq., more services than can be provided by nonresidential programs.

 

For purposes of this Chapter, the term "youth residential facility" only includes youth shelters, runaway shelters, emergency care facilities, and youth group homes.

 

Youth shelter-Facilities that provide temporary residential placement for alleged or adjudicated juvenile offenders prior to disposition by a court.

 

YSA - Department of Human Services, Youth Services Administration.

 

source

Final Rulemaking published at 48 DCR 8675, 8740 (September 21, 2001).