YOUTH SAFE. RIGHTS RESPECTED. SUPPORTED. GUIDE

For Philadelphia Youth in Residential Placement

28 Youth Rights Guide Youth Rights Guide 1 TABLE OF CONTENTS FOR MORE INFORMATION, PLEASE SEE: » 55 Pa. Code Chapter 3800; » Community Behavioral Health https://www.pacodeandbulletin. Psychiatric Treatment Facility gov/secure/pacode/data/055/ Performance Standards; https:// Background chapter3800/055_3800.pdf cbhphilly.org/wp-content/ » Why am I getting this Youth Rights Guide? ...... 3 » Regulatory Compliance Guide on 55 uploads/2019/08/PRTF_Standards_ » How was this guide made? ...... 4 Pa. Code Chapter 3800. https://www. Final.pdf dhs.pa.gov/providers/Clearances- » How should I use this guide? ...... 4 and-Licensing/Documents/ » Philadelphia Department of Human Child%20Youth%20Residential%20 » About Me ...... 5 Services Congregate Care Scope Licensing/p_023326.pdf » My Team ...... 6 https://www.phila.gov/ » 55 PA Code Chapters 13.1-14.9 media/20201112150033/Congregate- (regulations applicable to State Care-Scope.pdf What Are My Rights? operated delinquent facilities) » Being Informed ...... 8 https://www.pacodeandbulletin.gov/ » JLC Court Cards: Display/pacode?fi le=/secure/pacode/ https://tinyurl.com/courtrightsJLC » Knowing How to Make a Grievance (Complaint) ...... 9 data/055/055toc.html&d=reduce » Being Treated in a Fair and Respectful Way ...... 12 » Guidance on Minors’ Access » JLC Know Your Rights Guide » Having a Plan at the Facility ...... 13 to Confi dential Health Care in https://jlc.org/resources/know-your- Pennsylvania; https://www.aclupa. » Going to School ...... 14 rights-guide-introduction org/en/reference-card-minors- » Staying Connected and Having My Privacy ...... 15 access-confi dential-health-care- » Getting Health Services ...... 16 pennsylvania » Keeping My Money and Personal Items Safe ...... 17 » OMHSAS Bulletin - 18-01 “Consent to mental health treatment for minor » Meeting My Personal Needs ...... 18 children” June 29, 2018; https:// » Living at the Facility: The Facility’s Conditions ...... 18 tinyurl.com/mentalhealthconsent1801 » Staying Safe in Crisis: Preventing the Use of Restraints, Exclusion and Seclusion ...... 19

Documentation of Receipt ...... 26

NOTE: This guide puts laws, regulations, and contract requirements protecting Philadelphia youth who live in a residential placement facility into plain language. The guides do not apply to juvenile justice facilities run by the Commonwealth of Pennsylvania (like Youth Development Centers), but youth at these locations do have constitutional rights and other legal protections. The City is working to encourage the guide’s use in those sites too. To see what documents it was made from, please see the list at the end of this guide. This information is up to date now, but laws and rules can change over time.

2 Youth Rights Guide Youth Rights Guide 27 DOCUMENTATION Why am I getting this OF RECEIPT AND REVIEW Youth Rights Guide?

Placement Facility Name:

Date of Youth Entry to Placement: I’m getting this guide because I’m from Date of Document Read Through with Youth: Philadelphia and staying at a residential facility. Individuals Present for Conversation: »

The guide will tell me about my rights and how the people here must treat me. This helps me stay informed, supported and safe by knowing what is right and what to expect. Knowing these things » will help me say what’s up if something is wrong and get people to fi x the problem. Discussed with:

Staff Name: My parents or guardians should also know my rights and their rights. There is a guide for them Staff Signature: called the “Family Member/Guardian Guide.” I certify to having explained the rights in this guide in detail to this youth and answered » their questions truthfully and to the best of my knowledge.

Youth Name:

Youth Signature: A facility staff member has read these rights to me and explained the rights in this guide. I had the chance to ask questions and I can ask more if I have them after today.

26 Youth Rights Guide Youth Rights Guide 3 How was this guide made? NOTES/QUESTIONS

The place I am staying at must » I have more rights and protections follow legal laws and rules made from other laws not explained here. These include my civil rights and civil by Pennsylvania and the City of liberties (like protection from unequal Philadelphia. The rules can be hard to treatment and other freedoms from read and are very long, so this guide the United States Constitution and Bill tries to make them easier to understand. of Rights). Other youth who were in a placement » I can ask my lawyer or another before gave their opinion on the guide to team member questions about the help it make more sense to me. rights in this guide or any other rights I may have. » This guide is a short, “quick look guide” explaining some of those » This guide does not give me rules. If I want to see the full list, legal advice. there are links to the them at the end of this guide.

How should I use this guide?

I should use this guide to:

LEARN the rules that the facility must follow to keep me safe

FIND ANSWERS to my questions about what can happen here and ask someone if I can’t fi nd the answer

ASK for something the guide talks about, but I don’t have

SPEAK UP for myself is something is wrong with my care or the facility

KNOW who is on my team and how to get help if I need it

4 Youth Rights Guide Youth Rights Guide 25 NOTES/QUESTIONS ABOUT ME

My preferred name is:

I identify as a: Male Female Transmale Transfemale Non-binary Prefer not to say

______

My preferred pronouns are:

Language or cultures that are important to me:

Some things I enjoy are:

People who are important to me:

24 Youth Rights Guide Youth Rights Guide 5 I should know who is on my team. My team might have HELPFUL NUMBERS MY TEAM a lot of people on it or a few. They are all here to care about me and help me reach my goals. Philadelphia Department of Human Services (215)-683-6000 Commissioner’s Action Response Offi ce (CARO) or [email protected] Check each person who is a part of my team.

TEAM MEMBER NAME AND CONTACT INFORMATION Community Behavioral Health 1-888-545-2600 Member Services CASE MANAGEMENT TEAM

Case Manager at my placement facility The Pennsylvania Child Abuse Hotline, ChildLine 1-800-932-0313

Supervisor at my placement facility If I get hurt or feel weird about what happened before, during or after a restrictive Unit Manager procedure, I can report my concern. I can use the numbers above and the complaint My DHS/CUA Case Manager steps on page 10-11. I cannot get in trouble for talking about what felt wrong.

DHS/CUA Case Manager’s Supervisor NOTES/QUESTIONS COURT/JUSTICE TEAM My Case Number is:

Child Advocate

Judge

Lawyer/Public Defender

Juvenile Probation Offi cer (JPO)

DHS Court Representative

EDUCATION TEAM

Education Decision Maker (EDM)

OTHER TEAM MEMBERS

Treatment Team

Other

6 Youth Rights Guide Youth Rights Guide 23 ALLOWED ONLY AT A SECURE FACILITY (ONLY to keep me or others safe and if there is absolutely no other option)

A secure facility means I am involved in the juvenile justice system and the site has locked doors or fences that stop me from leaving.

Being locked in a room by myself Mechanical Restraint (Seclusion/Isolation) (a device to stop my movement) » A boss must give approval before » The only types that are allowed are WHAT seclusion starts. A “fl oor staff ” cannot behind the back handcuff s and leg order me into seclusion. restraints. Handcuff s in front of me are allowed with a transportation » Two diff erent people need to check ARE MY waist belt. on me. One person checks on me every 5 minutes. A supervisor must » A supervisor must give approval check on me every 2 hours to see before they are used. A “fl oor staff ” RIGHTS? how I am doing emotionally and cannot order me to wear them. physically. » I cannot have them on if I am » Seclusion must be for less than 4 in seclusion. A right is something already I do not have to hours. If I am still not calm, » I cannot be handcuff ed to another mine by legal protections of earn my rights a medical staff must make sure I am person or thing. the law and DHS/CBH rules. or get them as safe and write that I can Starting from day one here, a reward, especially stay another 4 hours at most. It if » I must be able to eat, use the is longer than 8 hours in a 48-hour bathroom or meet my other physical I have the rights that are in communicating with family. period, there must be a court order needs. this guide. » I must not lose my rights and a reason to keep me there. » I can only have them on for 2 hours A few of the items in this for any reason.This means in a row, unless a medical staff makes » The room must be bigger than a guide are not legally cannot lose my rights as closet (at lest 40 square feet), with sure I am ok and writes that it is safe protected. When I see a punishment, especially light, air, a view outside the room, and for another 2 hours. nothing in it that could hurt me. the words “should,” or “I communicating with my » I cannot wear them longer than 4 can ask,” it means DHS or family. The court may make hours in a 48-hour period unless there is a court order and a reason to CBH think that the idea is limits on this depending on keep using them. respectful and encourage my situation. the facility to do it, but it is » The restraints must come off for a 10-minute break every 2 hours. not a right.

22 Youth Rights Guide Youth Rights Guide 7 BEING ALLOWED AT ALL FACILITY TYPES INFORMED (ONLY to keep me or others safe and if there is absolutely no other option)

» I, and my parent or guardian, have » I can ask questions about anything A “hands on me” restraint Emergency use of drugs to relax me if I can’t be calmed down. This is only the right to get a paper copy of both that doesn’t make sense. » The staff or kind of a “hands-on- this Youth Rights Guide and this allowed if a doctor examines me fi rst, » The facility must tell me the rules me” restraint must change every 10 facility’s steps to make an offi cial approves it and a medical professional on why, how and when me, my minutes until I am calm again. grievance or complaint. Someone gives the drugs. room or my personal items may get at the facility must go over both with » I must be able to breathe if staff use a searched. me and any parent or guardian. They “hands-on-me” restraint. Staff MUST Having me leave one place to be in a will explain the information in the » I have the right to know what is NOT put weight on my mouth, nose, room alone (Exclusion) neck, chest, belly or back because language or type of communication going on with my case in the Court. » Staff cannot use a “hands-on me” this could cause extreme danger. A I need. I can talk with my lawyer in private restraint when I am in the room. about what it’s like for me here, chokehold is NOT allowed. » I have the right to keep both questions I have or things that » This cannot last more than 60 minutes documents with me and in my room » Another person must watch the staff upset me. in a 2-hour period. I cannot be in a so I can look at them when I need. doing the restraint to make sure they room by myself more than 4 times in I can ask to have another copy if I If I have more questions about are not hurting me. This person will 24 hours. lose it. Court, I can look at info from the take notes on how I am doing while Juvenile Law Center here: they use the restraint. » Someone needs to be check on me every 5 minutes, so I am ok. https://tinyurl.com/courtrightsJLC » The room must be bigger than a closet (at least 40 square feet), with light, air, a view outside the room, and nothing in it that could hurt me.

Bite release (pushing on my jawbone to make me stop biting someone)

8 Youth Rights Guide Youth Rights Guide 21 It is also the facility’s job to make my time here safe and healing. This means that staff must work to use less of, or not at all, any of these restrictive procedures this KNOWING HOW TO MAKE A guide talks about. However, it is important for me to know that Pennsylvania still allows the facilities to use some types if someone’s safety is at risk. No matter what, GRIEVANCE (COMPLAINT) I must be respected and that is why there are rules for how they can be used. The rules are: The rules my facility must follow are meant to keep me safe and well. It might feel weird to do but I should share about a problem or if something is ! NEVER ALLOWED wrong, unsafe or unfair so it can get fi xed. The word for telling others about my problem offi cially » “Hands on me” restraint where I » Pressure point techniques (causing is a “grievance.” It’s what I can do when I have a can’t breathe. Staff MUST NOT pain to get me to follow a direction, problem, concern, or complaint. put weight on my mouth, nose, example: pulling or twisting ears or neck, chest, belly or back because squeezing arms or wrists) this could cause extreme danger. A I have the right to speak up and make a grievance » Aversive conditioning (Using things chokehold is NOT allowed. about my facility, my rights or my care if I want to. that are startling, painful or harmful » “Hands on me” restraint with me to my senses example: splashing face down on the fl oor. Staff must water in my face) » No one can punish or » I have the right to make and fi le also not put me to the fl oor or » Using drugs to relax me when it is threaten me or my family if we my grievance in private (away from anywhere else in a violent way as not an emergency make a grievance. others who can hear me or read my punishment or trying to get back at writing). It does not matter if I say it » I can write about the problem myself me for anything I did. out loud, write it down, use the phone, or I can ask for help from my case email, or paper mail. I can say my manager, lawyer, parent or guardian. name or not. Staff are NOT allowed to They can also help me send it to the read any mail I send out of here. right people. The words for this are “fi ling a grievance.” » The information I share must be kept safe, confi dential, and only given » My parent or legal guardian can fi le to the people who need to know so a grievance for me using the facility they can help. steps or contacting the people in the chart on the next page. » I have the right to ask for help from people or agencies who don’t work at my facility.

20 Youth Rights Guide Youth Rights Guide 9 I am free to contact and report my problem to anyone at any time, including my lawyer or Childline. This is just a suggested way to get help. What’s happening: STAYING SAFE IN CRISIS Preventing the Use of Restraints, Exclusion and Seclusion*

I have a problem. I don’t feel safe My problem got Example: My clothes telling anyone at worse and I don’t Sometimes, I might feel a lot of A NOTE ABOUT STAFF are starting to get my facility or the know what to do. emotions. I could need help with Staff cannot use one of the types to too tight. problem got bigger. Example: I have no these feelings and calming down punish me or to make their job easier. Example: I have not clothes left that fi t me. in ways that work for me. It is the gotten bigger clothes. facility’s job to help me learn the Staff who do any type of restrictive skills I need to take care of my procedure MUST have had training in the feelings in healthy ways. last year. Some of the things staff must learn are: ways to de-escalate, behavior Who to ask for help: reactions to stress that are normal for » First, staff must let me try many my age, and safe ways to do a restrictive ways to calm down. » Staff I trust at If I am in the child If I am in the child procedure if needed. Staff must never ask the facility if I welfare system: welfare system: » Then, if I can’t get calm and I or make another youth do one of these feel safe. » My DHS or CUA case » The Philadelphia start using dangerous behaviors, procedures to me. manager; then their Department of everyone’s safety is important. supervisor if they Human Services Facilities must also use special trainings don’t answer. Commissioner’s » As a last resort, staff might use a and have plans that research proves or Action Response “restrictive procedure” to protect helps lower and stop the use of these Offi ce (CARO) If I don’t have a DHS or me from harming myself or others. It procedures. (215)-683-6000 or CUA case manager: [email protected] is a last resort because nothing else » Community or helped me get calm and it doesn’t Behavioral Health If I don’t have a DHS or feel good for anyone. » I must have a personalized plan** Member Services CUA case manager: if my health and personal past show 1-888-545-2600 The three types are: » Community that I need one to keep me or other » My juvenile probation Behavioral Health 1) Restraint: stopping my movement people safe. This will list information offi cer (JPO) Member Services temporarily about any unsafe behaviors I have and 1-888-545-2600 2) Exclusion: being removed from had before, ways to stop my unsafe » My lawyer » My juvenile probation an activity to stay in a room alone behaviors before they happen, and offi cer (JPO) ways to keep me safe if a restrictive and 3) Seclusion: staying locked in a procedure is used. I (with my parent » My lawyer and room alone or guardian if I want) can help make of child advocate. » If staff use one of the types, it the plan and get a copy of it. must happen in a safe way for the » My team and I must review the plan shortest time needed. at least every 6 months. We can talk Ways to get help: » When I am calm again, about the plan sooner if we don’t think staff must stop right away. it is helping keep me or others safe.

* These are called “restrictive procedures” by the State. **The State calls this as a “Restrictive Procedure Plan.” 10 Youth Rights Guide Youth Rights Guide 19 I can pick how I want to Call on Talk to Write Send a note Send MEETING MY get help: the phone them a note in the mail an email PERSONAL NEEDS My rights have been taken away I am being hurt, » I have the right to practice the or broken. abused, neglected religion or faith of my choice, if I » My clothes, bedding Example: The facility tells me I must earn (not cared for) or want to. This includes meeting with and towels must talking time with family. feels unsafe in a religious leader in private. I can ask get washed at least any way. to have an off site visit with them if it is every week. safe to do so. » I must get at least three meals and » I must have clean and comfortable one snack every day, with as much clothing that fi ts me. It must water as I need. At meals, at least one also match my age, gender identity food item will be there for “seconds” if and the season. I want more. » Staff I trust at the facility if I feel safe. » I must have personal care and I must get food and water no » The Pennsylvania Child Abuse Hotline, hygiene items. This includes matter how I act. and ChildLine at products that I need for my If I am in the child welfare system: » I have the right to eat food that 1-800-932-0313 gender, gender identity, sex matches my medical (with a doctor’s » My DHS or CUA case manager; then their Childline takes calls or ethnicity. supervisor if they don’t answer note), religious, or vegetarian 24/7 and will move to get more help » I must have time to take preferences. » The Philadelphia Department of based on the level care of my hygiene needs Human Services Commissioner’s » My food must be healthy and fresh. of immediate risk to like teeth brushing and showering. Action Response Offi ce (CARO) me. Action could be (215)-683-6000 or [email protected] » I can use household appliances, like right away for abuse a microwave and refrigerator, if it is claims, to a few days If I don’t have a DHS or CUA case manager: for other concerns. safe for me to use them. » Community Behavioral Health Member Services: 1-888-545-2600 » The local police department » My juvenile probation offi cer (JPO) and

THE BUILDING’S CONDITIONS and » Anyone on my team I trust a lot. They can » My lawyer and child advocate. tell the right people for help. » The look here should be comfortable » The building must be clean and and calm, with youth ideas on without harmful, threatening, or decorations as often as possible. The unsanitary conditions. This means facility must let me choose my room no mice, rodents, bedbugs and decorations. This is if they are not infestations of bugs or insects. against facility rules.

18 Youth Rights Guide Youth Rights Guide 11 BEING TREATED IN A FAIR KEEPING MY MONEY AND AND RESPECTFUL WAY PERSONAL ITEMS SAFE

My personal items and room are important to me and can help me cope during my time in placement. Like me, they should be respected and cared for at all times. » I must be treated in a fair and » I must not be abused by anyone, respectful way. No one can treat me including mistreatment, harassment » I have the right to keep all money » The facility must tell me the rules on diff erently because of my sex, race, or threats. Abuse can that I earn or receive because it is my why, how and when me, my room or color, ethnicity, language, culture, be physical, sexual or emotional and personal property. It might stay in a my personal items may get searched. bank account. how much money I have, ancestry, it is never ok for any of these things The facility must have an important • However, if I am at a juvenile justice gender identity, sexual orientation, to happen: reason and need to look on me, site, I may owe part of the money religious beliefs, national origin, age in my room or at my things. For I earn to the Court. This is called or disability. example, there is a reason to restitution. » I must not be disciplined in a way Physical abuse: actions done on believe I have something harmful, » I can know: that causes me physical, emotional purpose or recklessly that leave or not allowed. The staff cannot or mental harm. marks or cause injury, pain, damage, • How much money is put in and look at my things just because weakening, or disrespect to my body. taken out of my account they want to. At the PJJSC, all » The facility must provide safe • What reasonable amount of money rooms and personal property are housing for me in a way that affi rms I can get out of my account searched three times a week. My my gender expression. room should be left tidy when they Sexual abuse: any sexual contact • How much money I have total Other people should also use my between me and a staff member. It are done. » My money must stay away from name and pronouns of choice. is also any unwanted sexual contact How strong the search is should be money the facility uses. My money between me and a peer or wanted match the risk of me having what cannot be used for other kids, staff , contact where our age is much they are looking for. Some items, materials, or items for everyone. diff erent. Plus, it could be any time I like a weapon, are more dangerous feel like I must watch, do, take part in » I must get all my money back when I than others. Staff should be careful anything sexual that involves me and leave the facility. with my stuff when they look and others. It is any time I feel like I can’t never willfully throw away, break or » The facility must tell me if some items say “no” because I am worried about lose my items. getting in trouble. are not allowed here and why. If my personal items get taken, » I should have the chance to get because they are not allowed, the a paid job, internship, or other staff must write down what they Emotional abuse: actions or words career preparation to prepare me took. If the items are safe, I should that make me feel afraid, rejected, for adulthood. But my guardian and get them back when I leave. harassed, ignored, threatened or bad sometimes the facility or Court can about myself. decide what works for me. » I can work with my case manager to get my needed documents. » If I have a job off site, my facility, These might be my social security team members and I should have a card, my health insurance card and conversation about my work hours my ID card. because the facility might make rules about a reasonable time I need to be 12 Youth Rights Guide back at night. Youth Rights Guide 17 GETTING HEALTH SERVICES HAVING A PLAN

» I have the right to know why I am » If my family wants to help when the here and how long I can expect to plan is made, the staff must try be here. If it’s not known how long I more than once to fi nd a time and » I can allow my health history to be » I must get appropriate medical, will be here, I should hear why they place that works for us. The staff sent to this facility. dental, mental and behavioral health don’t know. must write their tries down and any services to help me stay healthy. reasons why my family can’t join. » The facility’s medical professionals » The facility must let me, my parent When I have an emergency, I have the must do a written assessment of or guardian, and others we ask, help Some important things in this right to get the help I need. my health and safety within 24 make a plan that meets my needs plan are: hours of my arrival, or 1 hour in » I must not get more medications and goals because my family knows • Our goals to help me feel better secure detention. than I need for my health. me best. I can ask about changing and how long the goals might take the plan if it is not helping. If I have a health or safety risk, the » I, my parent or my guardian should to fi nish facility must make a plan keep me be told what medications I am » The plan and care I get must be • Info on ways my family will stay safe. This plan must be in writing prescribed and their eff ects on my strengths-based and be respectful involved during my care and done within 24 hours of the mental or physical health, unless I to my culture and language. assessment. need the medicines in an emergency. • Info about my school time Medical professionals must do a » I should get sexual health services • A plan to help me calm down when full health exam within 15 days of (education, contraception, prevention) I get upset and any strategies that when I move in if my last exam is that match my age. can help me or are safe for me too old. This must be within four » I have the right to get tested and days if I’m in secure detention. treated for a sexually transmitted This is called “discharge or » If I am 14 years or older, I can agree disease or pregnancy if I want them. transition planning” to mental health treatment without I can also get help for drug or alcohol a parent, guardian, or agency abuse. This must happen in private so » I have the right to take approval. My parent or guardian and I am not singled out. part in planning for my future to get a doctor can also approve mental But I need a legal guardian to say me ready to leave the facility when health care for me if I am younger it’s ok for me to get an abortion it is time. This should start at the than 18, even if I do not want it. if I am under 18. If my guardian beginning of my time here and let me If I disagree with my guardians, I doesn’t agree with me, I can ask take part the whole time I am here. can ask the facility director for an for the Court to hear my opinion. objection form to give to the Court. » I have the right to know what my I will have a court hearing within 3 health history says in most cases. days to pick what is the best path Sometimes my parent or guardian has for me. a say in who can see or get the info.

16 Youth Rights Guide Youth Rights Guide 13 GOING TO STAYING CONNECTED SCHOOL AND HAVING MY PRIVACY

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