What are my Legal Rights if I am placed at McCune?

What if I believe my rights have been violated?

What is "Due Process"?

What are the rules about phone calls?

How about visitors?

Will I make Home Visits?

• When am I eligible?
• What are the expectations?
• What are the requirements before a home visit?
• Expectations after a home visit.

Juvenile's Legal Rights when ordered to a residential facility:

• Juveniles shall not be subject to discrimination based on race, color, national origin, sex, creed or handicap.
• The provision of a safe and healthful environment includes:
1. Twenty-four (24) hour supervision by trained, professional staff and/or volunteers,
2. Clean and orderly surroundings,
3. Toilet, bathing, and hand washing facilities,
   
4. Lighting, ventilation, and heating, and
   
5. Clean clothing, bedding and mattresses.
• Participation in educational and recreational activities.
• Participation in religious services of the juvenile's choice on a voluntary basis, subject to the safety, security and control needs of the facility
• The right to determine the length and style of their own hair, including facial hair, if desired, except where such restrictions are deemed necessary for health or safety reasons.
• Procedures for the possession and use of personal items.
• Juveniles shall not be subject to corporal or unusual punishment, mental abuse, or the punitive restriction of daily living needs.
• Procedures for the reporting of any allegation of child abuse or neglect to the state child abuse/neglect hot line for the independent investigation of any such complaints.
• Written grievance procedures provided to the juvenile upon admission to the facility. (top)

Grievance

The Grievance procedure is a structured process in which residents have the opportunity to file a formal complaint anytime they feel their rights have been violated.  Grievances are reviewed daily by the McCune Counselor.  The counselor meets with the resident filing the grievance and attempts to resolve the problem.  If the problem cannot be resolved, the grievance is reviewed through the chain of command until a resolution is reached. (top)

Due Process (Disciplinary Procedures)

McCune Residential Center uses the Due Process procedure to ensure that all disciplinary issues are addressed in a consistent, responsive and fair manner.  Discipline is not applied as a retaliatory measure and no form of corporal or degrading punishment, cruel or unusual punishment, punishment that interferes with eating or sleeping or punishment that endangers a youth physically or psychologically shall be imposed.

The Due Process procedures are utilized when a major rule infraction occurs or when a minor infraction becomes a pattern of misbehavior.  When a youth exhibits behaviors that may cause harm to others or represents a threat to the safety, control and security of the facility, staff will file a Disciplinary Report.

A supervisor is then assigned to complete an investigation of the incident within 72 hours.  The resident is asked to complete a written statement of the incident and identify witnesses to testify at the hearing.  The youth is also allowed to select a staff member to serve as his advocate at the hearing.  The youth also has the right to present evidence at the hearing.

During the hearing, the Hearing Officer will listen to testimony and consider all available evidence to determine if the charges are founded.  If the charges are founded, the Hearing Officer will consider extenuating circumstances when imposing sanctions.  Examples of the sanctions that can be imposed include, but are not limited to:  Reduction of points, Reduction of level, Loss of telephone privileges, Assignment of extra chores, Room Restriction for up to 72 hours and Filing legal charges.  Youth may file an appeal to the decisions made in the hearing process.

Unfounded charges will be expunged from the youth’s record. (top)

Phone Calls:

Residents are allowed to make two telephone calls during the week depending on their behavior.  Your Case Management Officer will contact you to set a specific time each week for your son to make telephone calls.  Once you agree to these times, please make every effort to be available as this will be the only times your son is allowed to use the telephone.  For confidentiality reasons, we cannot accept telephone calls requesting to speak with a resident.  If you miss your telephone call, please contact the Case Management Officer to make arrangements to speak with your son.

Telephone calls are monitored by staff.  The length of telephone calls is determined by levels.  As your son progresses through the program, he will be able to talk with longer on the telephone.  Three-way calling is not allowed and residents are expected to talk with their parent or guardian.  In the event that a resident fails to follow the rules for telephone usage or if legitimate safety and security concerns arise, a speaker phone may be used so that staff can monitor telephone calls more closely. (top)

Visitors:

Parent involvement is a critical part of the McCune program.  Visitation is available on Saturday and/or Sunday from 12:30 – 2:30.  Only parents or guardians are allowed to visit.  Because of limited space, visitation is limited to one hour and parents are allowed to visit either Saturday or Sunday, but not both.  Parents are not allowed to bring any items into the facility.  This includes purses and handbags.  Parents are not allowed to give their son any item during visitation.  Any item brought to campus must be pre-approved by the Case Management Officer.  If the Case Management Officer gives approval for you to bring an item, they will send you a letter describing what you may bring.  You must provide a copy of this letter to Security or you will not be allowed to bring the item into the facility.

Once you arrive at the facility, you will need to provide a photo ID and sign in at Security.  You will then be directed to the visitation area.  Physical contact is not allowed during visitation.

If you need assistance during visitation, please ask to speak with a Facility Supervisor or Shift Supervisor.  If you have specific questions about your son’s case or his status in the program, please contact the assigned Case Management Officer. (top)

Home Visits:

It is the policy of McCune Residential Center to allow youth the opportunity to make home visits.  Home visits provide the youth with an opportunity to demonstrate the skills they have learned during treatment and can be earned when a resident has made significant progress towards treatment goals.  To address community protection issues, youth must meet eligibility criteria and demonstrate a consistent ability to maintain appropriate behavior. (top)

Eligibility Requirements:

1. Must be on Junior or Senior level.
2. Must meet eligibility requirements listed in the Behavior Management Program.
3. Maintain a “C or above” in all classes.
4. No Behavior Reports or Time Outs in the week preceding the home visit.
5. No incidents requiring room restriction or isolation as a consequence during the week preceding the home visit.
6. Clean drug tests.
7. Complete assignments/goals from previous home visit.
8. Treatment Team must review and approve home visit for any youth with a history of AWOL
9. Return completed Home Visit form with parent signature from previous home visit.
10. Special contracts can be considered and must be approved by the Treatment Team.
11. All restitution, assessments and fees must be paid in full.
12. All Home Visits must adhere to the progression outlined in the Behavior Management program.  Exceptions require Administrative approval. (top)

 Home Visit Expectations: 

1. Youth must remain at home or with parent at all times.
2. CMO and Facility Supervisor must approve requests for the youth to participate in family activities past 10:00 p.m.  These arrangements must be included on the Home Visit form.
3. No contact with other youth involved in Family Court Services
4. Practice skills taught at McCune through assignments and goals listed on the home visit form.
5. Follow rules of the home.
6. Obey the law.
7. Parent must pick up and drop off resident from the home visit or obtain approval in advance from Case Management Officer or Facility Supervisor for alternative arrangements.

Any alternative arrangements must be noted on the Home Visit form and the CMO must also notify the weekend supervisor via Lotus Notes.

1. Parent must complete and sign home visit form.
2. Resident will write in a journal, regarding assignments/goals, progress.
3. A minimum of two curfew calls will be made on each day of the home visit.
4. Residents must return to the facility by 6:00 p.m. on Sunday. (top)

Requirements Before A Home Visit:

1. The CMO or Facility Supervisor will determine who will supervise the resident during home visit.
2. The CMO will complete a home study before the first home visit.
3. Parent/guardian must sign a copy of the home visit rules and expectations form.
4. Must be able to contact resident by phone during the home visit.
5. Case Management Officer will provide assignments/goals for the home visit.
6. CMO will contact parents to review assignments/goals.
7. Have a crisis plan in place.
8. Case Management Officer or Facility Supervisor will submit a home visit list to Support Staff by

5 p.m. each Thursday and make a copy for the cottage.

1. The CMO will complete the Home Visit Checklist every week for each resident making a Home Visit.  The Home Visit Checklist is attached to this protocol. (top)

Expectations After A Home Visit:

1. Resident will review journal with Case Management Officer by Tuesday following the home visit.
2. Resident will process assignments/goals with Case Management Officer and review progress and areas to be improved by Tuesday following the home visit.
3. Case Management Officer will contact the parent by Tuesday following the home visit to process assignments/goals and review progress and areas to be improved.
4. Resident will submit to drug testing upon return from each home visit within one hour of return to campus. (top)

Failure to comply with any of the requirements in this protocol will result in sanctions up to and including the loss of future home visits.