unusual? :ruu usual rm moat/oat Leticia Miranda Reporter 53de News 40 W23rd St New York. NY 10010 Stacy Flodon Director of Services KY Department of Juvenile Justice 1025 Capital Cantor Diivo Frankfort. KY 40601 Subject Open Records Act Request To the Records Access Of?cer: Pursuant to my rights under the Kentucky Open Reoords Act? 61.872 otoaq., ask to obtain access to and copies of tho foltowiog, which I understand to he held by your of?ce: 1) ?the disciplinary record for Reginald Wndham who has been an employee oiihe Department of Juveniia Justice since February 11. 2005 and currentiy works as a youth worker supervisor. The Kentucky Freedom of Information Act requires a response within three business days if you determine that any or all oftho information quali?es for an exemption from dlaotosuro. look you to note whether the exemption is discretionary. and if so whether it Is necessary In this case to exercise your discretion to withhold the information. if you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it. i ask that you mdaot itfor the time being and make the rest available as requested. in any event. please provide a signed noti?cation citing the iogal authorities on which you rely if you dotormioo that any or all of the information is exempt and wiil not be disclosed. respectfully requoot a cool waiver for these records. The disclosure of this information is in the public interest because it is likely to wotritzuto signi?cantly to tho pobiic'a understanding of tho operations or aotivitios of the govommont and is not primarily in BuzzFood?s commercial interest My intontlon is to puoiish an article on if i can provide any clarification that will help expedite your attention to my request. please coolant me at (646) 585-4878 or lotlcia.miranda@ouzzfaad.oom. Thank you for your time and attention to this matter. Sincoroiy. Leticia Miranda JAN 2 8 2016 airi?. (Page 1 o: 1} PAN-0901 Reginald Windham Agency Code: 54523 Cabinet: Justice 5. Public Safety Cabinet Employee tD- Agency: Department of Juvenile Justice Division: Division of Central Region Dear Reginald Wmdham. Upon the recommendation of your authority. on January 21, 2016 the Personnel Cabinet processed the following action(s) in KHRIS: ?ta??ale MM January 21. 2016 EB Leave I Pay - 02 Special for Investigative FROM TO Job Id: 20001174 Job Id: 20001174 Job Title: Youth Worker Supeer Job Title: Youth Worker Supervisor Poe Id: 30037964 Pos Id: 3003mm Salary: 2.80150 Salary: 2.80150 Org id: 10105499 Org id: 10105499 Org UnitOrg Unit: anln Vg Dev 3. Rgn! Juv Del Pay Grade: Fla],F Grade: 11 Work Countyt- Wn?t County:- Remarks: if any of the above information is hoorreot. please contact your agency human resources of?ce. areas amz'zszav LOW .9 is. Paras. g) . JUSTICE AND PUBLIC SAFETY CABINETS Bi) Matthew G. Bevin Department of Juvenile? entice John c. Gm my Fax (.502) ?at: D. Ha?z: January 21, 2016 Re inald Windham Via Hand Delivery PERNR Dear Mr. Windham: Pursuant to 101 KAR 2:102, Section you will be placed on special investigative leave with pay for a period not to exceed sixty (60) working days, effective beginning of business, 10 pm, Thursday, January 2016, pending further investigation of the allegation of misconduct, speci?cally: On January 10 and 11, 2016, while on duty as a Youth Worker Supervisor at Lincoln Village Regional Juvenile Detention Center, you falsi?ed documentation of the Room Observation Log and failed to complete required ?fteen (15) minute bed checks. You will be further noti?ed of the outcome of this investigation and of any disciplinary action taken as a result of this investigation. If the investigation reveals no misconduct by you, all records relating to the investigation will be purged from the Department of Juvenile Justice and Personnel Cabinet ?les. You are directed that, during the course of this investigation, you will not be allowed admittance to any Justice Public Safety Cabinet facilities, including Speci?cally all Department of Juvenile Justice of?ces, unless you have been scheduled an appointmenL Additionally, you are to have no contact with any subordinate staff of the Lincoln Village Regional Juvenile Detention Center. You are further directed to immediately turn in any property of Lincoln Village Regional Juvenile Detention Center, including your Department Identification badge, to Commissioner Bob Hayter, Department of Juvenile Justice, Central Of?ce, until the investigation is completed. During the duration of your Special investigative leave, you are to make yourself available and cooperative in the event your supervisor or any other investigating agency needs to contact you for investigative or other work?related purposes. Kentud-cyUnbr?ledSpirtcom An Equal Opportnn?y Employer were Reginald Windham . Special Investigative January 21, 2016 Page 2 For your infomation, the Kentucky Employee Assistance Program (REAP) is a voluntary and con?dential assessment and referral service for state employees. This service may help you with any personal problems that may be affecting your performance. KEAP can be reached at (800) 4456327 or (502) 3646788. In accordance with KRS 1823.095, you have a right to appeal this action to the Personnel Board within sixty (60) days after receipt of this notice, excluding the date noti?cation is received. Such appeal must be ?led in writing using the attached appeal form and in the manner prescribed on the form. Sincerely, A D. Hayter I Commiesionerfw?"" BH/vl Attachments: Perso card Appeal form Acknowledgement Form C: Hoe. Thomas E. Stephens, Secretary, Personnel Cabinet Hon. Mark A. Sipek, Executive Director, Personnel Board Barney Kinman, Internal Investigations Branch Mark Cook . Grace Smith James Thompson Bradley Marine Michelle Grady Watson DJJ Legal DH Reginald Windham Special Investigative Leave January 21, 2016 Page 3 Recommended for Appraval: j?r Personngl Caginet) . Of?ce of Legal Services Appraved: Secretary, Personnel Cabinet CONFIRMATION SHEET This is to acknowledge receipt of a letter dated January 21,_2016, and addressed to, Reginald E. ?ow the Commissioner of the Department of Juvenile Justice __regarding a. special investigative leave letter. Sined Emlo ee: Delivered by: [i on 29?? 27/5 Date (in the event employee refuses to Sign): Witnessed by: on Date Reginald Windham Written Reprimand Page 3 July 29, 2010 I have received a cepy of the written raprimand and have been given an opportunity to review any supporti documentation and have been advised of my right to respond. Witness?s Signature if Employee Re?ises to Sign Date Farm I ?33 SC - Srrpem?rary ordinance Commonwealth 5? of Juvenile Justice Administrative Services SUPERVISORY CONFERENC a i r) Facilitlef?ce: Lincoln Village YD I RJDC Region: Central Employee?s Name: Reginald Windham Employee?s SSN: Date of Conference: - 01-29?11 Date ofLost Conference(s): 01-] v/ 3 :06, Issue: Time Attendance Poor Work Performance CI MisconductEI Other (Specify): Has the empioyee received a supervisory conference for a similar yiolation(e)? Yes No Ifyea, attach a copy of the prior supervisory conference, Specifics ofIncident: Youth Worker Reginald Windham released a resident without Sending medication with him. What happened: On January 20, 201 1 Youth Worker Reggie Windham released youth - from the facility and did not Send out the resident's Blood Pressure medication with him or his mother. Hydrochlorothiazide is the medication which stabilized youth -5 blood pressure. On January 21. 201 1 Mr. Windham sent out an email to Medical staff informing them that the medication was on grounds and will need to he sent out to the resident. Mr.- Gary White YSPS and Mr. Michael Price Acting JFS 11, left the facility on January 2011 at 1830 hours enroute to Harrodsburg to deliver the medication that was not? released with youth - Medication was given to youth's mother at approximately 2130 hours of the same night. When did this occur: Dale: (J IfZO/ll Time: Fem Review - Ocrobtr 2004 i Form 1?03 SC Supervt'smy Cory??renee When did it happen: Who was invotved: Who witnessed the incident: Supporting Dowmentation: (Attach any of the following documents): Timesheets [3 Log Reports Incident Reports Witness Statements Copies of all speci?c Policies and/or violated: Standard Operating Procedure 104 Other Written Evidence: Recommended Corrective Action: (List Speci?c steps the employee needs to accomplish in order to improve their performance or behavior): Immediate compliance with 2:11 DHPP 8.: facility Standard Operating Procedures Target Date for Improvement: (Specify Daze) Immediate Other Issues Discussed: (Items separate from the Incident) The importance of youth?s medication sent with youth as they exit the facility. Emptoyco Response: Employee Signature: Date: Supervisor Signature: Date: F. {g BMPCO W76 CHoStr 2.197 70 ,47? Wessex 77w Form Review Oc'tober 2004 2 JUSTICE CABINET REFERENCES: DEPARTMENT OF JUVENILE JUSTICE POLICY AND PROCEDURES CEAPTER: Administration AUTHORITY: KRS 15A. 065 SUBJECT: Employee Code of Conduct POLICY NUMBER: 13.1.1194 TOTAL PAGES: 6 DATE ISSUED: 091?132?10 EFFECTIVE DATE: 09/13/10 APPROVAL: J. Ronald Haws COMMISSIONER I. POLICY Employees shall conduct themselves in a professional manner. Staff shall be aware that their personal conduct reflects upon the integrity of the agency and its ability to provide services to youth. II. APPLICABELITY This policy shall apply to all employees of the Department of Juvenile Justice. . This policy shall apply to contract facilities and programs. Iii. DEFINITIONS A. ?Contraband? is defined in KRS 520.010; 11 and includes, but is not limited to, tobacco, pine, needles, sewing equipment, aerosol cans, toxic cosmetics (such as nail polish remover), modeling glue, cleaning fluids, paints, razors, tools, ropes, chains, extremely toxic house plants, broken micles, drug paraphernalia as de?ned {in KRS 218A.SOO, any unauthorized Written materials, photographs, audio or video recordings, Video games, and any other item used to subvart security measures, assist in an escape event, or as indicated by policy and state laws. Any iteme that are properly authorized for use within a facility shall be exoluded from the above list. . "Dangerous Contraband? is de?ned in KRS 520.0109} and means contraband which is capable of use to endanger the safety or security of a detention facility or persons therein, including, but not limited to, dangerous instruments as defined in KRS 500.080 any controlled substance, any quantity of an alcoholic beverage, and any quantity of marijuana, and saws, ?les, and similar metal cutting instruments. Any items that are properly authorized for use within a DJJ facility shall be excluded from the above list. . ?Sexual Contact" is de?ned in KRS and means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying the sexual desire of either party. POLICY NUMBER ISSUE DATE EFFECTIVE DATE PAGE NUMBER NJ 104 09/13/19 {is/ism) 2 GM IV. PROCEDURES A. Employees shall arrive and leave work at scheduled times as determined by is a. H. their supervisor. Employees shall perform their work assignments competently and in a professional manner. It is the responsibility of each employee to imow and act in accordance-with Department policy and standard operating procedures. Employees are required to obey the lawful order or directive of a supervisor. If the order or directive con?icts with an order or directiw previously issued by another supervisor, the employee shall make the supervisor aware of the conflict. Lillie supervisor does not alter the order or directch, the most recent order shall stand and the responsibility shall be assigned to the supervisor issuing the most recent order. . Employees shall remain in their assigned working areas during working hours. Employees shall not disturb or interrupt other employees at their working areas or prevent other employees from carrying out their duties. Employees are prohibited ?om entertaining friends or family on the premises of any Di} office or program exceptduring appropriate scheduled and approved events. Loud, abusive, or profane language and boisterous and unprofessional conduct shall not be tolerated. Employees shall re?aio from making comments which are critical of colleagues or the agency, particularly while in the presence of youth or representatives of youth. . Employees are prohibited from engaging in unwelcome mitten, verbal, or physical conduct that either degrades, shows hostility, or ayersion towards a person on the basis of race, color, national origin, age, sex, religion, disability, marital stanza, or pregnancy that: 1) has the purpose or effect of creating an intimidating, hostile, or offensive work environment; 2) has the porpose or e?ect of unreasonably interfering with an employee?s work performance; or 3) creates conditionsthat may not be sexually offensive in nature, but may lead to a hostile working enviroranent. State property and equipment shall not be loaned io employees or others for personal use. . All DH employees shall be truth?il in correspondence and interactions with other staff, youth, parents, outside agencies, investigators, and in the completion of any type of worlorelated Written documentation (composer? based, handewritten, or typed). POLICY NUIYIBER ISSUE DATE EFFECTIVE DATE PAGE NUMBER 3333 104 ems/ta 09/13/10 3 af? DH staff who work at secure facilities and park their vehicle in a secure, M. locked parking area are subject to having their vehicle searched. All facilities, secure parking areas, and o?fices shall post signs indicating that all vehicles on the premises are subject to search per DIIPP. . Contraband or dangerous contraband is prohibited in facilities and of?ces. No employee shall tranSport contraband of any kind into a facility. Also, theft of any state property, including, but not limited to, linens, clothing, supplies, or equipment is prohibited. DII staff may be subject to a pat down search of their person if they are suspected of theft or of transporting prohibited or dangerous contraband into a DU facility or office. The pat down search of an employee shall be conducted only with approval through the chain of command and only in incidents in which there is reasonable snapicion of contraband per A final decision to search shall be made by the highest ranking supervisor present in the facility or office. The DH Oilfiee of Legal Counscl shall be consulted if there. is any question related to the degree of suspicion. Packages, lockers, desk and work areas are subject to search by a supervisor. Office telephones may only be used during the employee?s break or lunch, prior to or after their work time. Cell phones shall be prohibited in areas occupied by youth. Employees are prohibited from allowing youth to use a personal cell phone in any part of the facility. Cell phones may be used during the employee?s break or lunch, prior to or after their work time. When required to remain beyond their normal shift, employees may use the telephone or cell phone to notify their families. Employees are prohibited from sleeping or napping While on duty. Sleeping, lying down, lounging, laying the head down upon a desk or table, or resting in any other positionthat would give the appearance that the employee is sleeping, is prohibited. Sleeping shall not be allowed in youth areas even on break time, and if observed, may result in disciplinary action up to, and including dismissal. Employees shall be provided sleeping and leisure areas separate from youth residential areas if they are unable to return to their homes when needed to assist in providing twenty-four (24) hour coverage. . Employees shall not be on the premises except during working hours unless approved by their immediate supervisor. . in accordance with KRS 237.110Cl3), KRS and KRS 2371 15(1) employees are prohibited from possession of ?rearms, or any other deadly weapon as de?ned in KRS 500:080g4), on the premises or grounds of any office, program, treatment facility, or detention center and in any vehicle - nameportingDII youth per DHPP. POLICY NUMBER 104 ISSUE DATE 09l13l?10 EFFECTIVE DATE 09/13/10 PAGE NUMBER 4 of 6 . Employees shall interact with youth on a consistent basis to address individual youth needs and prevent conflicts from becoming manageable. Employees shall protect the individual safety of youth and themselves through the use of approved controlling techniques utilizing no more than the absolute amount of force uccessary'to diffuse a confrontational situation. . Employees shall take appropriate precautions in with youth to prevent allegations of inappropriate Verbal communication, written communications, sexual contact or abuse of any type per DI IP13. . Abuse and other mistreatment of youth in the care or custody of the Department shall not be?tolcrated. Reference DEJPP. Persons abusing youth shall be subject to disciplinary action up to and including dismissal under 19; 1:345. Employees suspected of abuse are subject to investigation and prosecution under all applicable laws. . As a representative of the Department, employees shall act in a manner that provides youth with a positive role model. . Employees, volunteers, and contract personnel shall be expected to maintain a professional relationship with youth at all times. The following rules help delineate this relationship and prevent complications in treatment for youth. An employee or volunteer is prohibited from the following actions subject to administrative and criminal disciplinary sanciions: 1. Selling. or loaning personal belongings to youth or youth's representative; 2. Entering into a business relationship or ?nancial trausaotioo with youth or the representatiVes of a youth; 3. Giving Speciai privileges to a youth, unless privileges are earned by the youth as part of the treatment plan (Reference 4. Accepting a bribe or payment from a youth or the representatives of a youth for special services rendered to them; 5. Lending money to a youth'or the representatiyes of a youth; 6. Entering into a dating or sexual relationship or having Sexual contact with an individual who is currently supervised by or committed to DIE (reference KRS 510.020 {Bile} regarding consent); 7. Enterng into a dating or sexual relationship or having sexual contact with a youth who was previously supervised by, or in the custody of, DH and who is under the age of eighteen or 8. Entering into a dating or sexual relationship or having sexual contact with any DH youth who is eighteen (18) years or older, who has been supervised by D13 or committed to DU Within the past two (2) years (for if a youth is seventeen (17) years and six (6) months of age when released, an employee could not date the youth until the youth is POLICY NUMBER DJJ 104 EFFECTIVE DATE 09/13/10 ISSUE DATE 99/13/10 5 ef? U. nineteen [19) years and Show) month of age, or two (2) years after release.) recognizes that its employees are persons in a position of authority or position of Special trust, as defined in KRS 532.045. DH prohibits any employee, regardless of his or her age, from subjecting anyone under the agency?s care or custody, with whom he or she comes into contact as a result ofliis or her position, to sexual contact. Donations made to programs, including money, or material goods shall not be accepted by individual employees without proper authorization of the superintendent or other competent authority. Only donations which are allowable under the code of ethics may be accepted. Donations of money, property, and materiel goods shall be properly accounted for in. facility records. .Employees shall fully cooperate with and not interfere in an inVestigatioo conducted by the Office of ImestigatiooleOI), a Di} Supervisor, or Ombudsman, subject to Federal and State constitutional protections. 1. Employees shell provide a written or verbal statement a departmental investigation or when directed by. a supervisor. Failure to provide a writteostatement as requested shall result in a disciplinary action, up to and including dismissal. Employees shall not discuss the investigation with anyone other than?OOI staff, a D13 Ombudsman, or someone within their supervisory chain. Exceptions to this may be made under the direct audiorizatioo of the DH Commissioner?s Office. Employees are prohibited from having sexual or intimate contact while on state property, in a state vehicle, or While on duty. Employees are prohibited from purchasing products for personal use from the agency?s contracted vendors at the reduced agency rate. Employees shall also i138 prohibited from using the DH procurement card to make purchases of any kind for personal use. STAFF TRAINING - The Division of Program Services shall provide New Staff Training fo all newly hired staff. This training will include a review of the Employee Code of Conduct and other relevant topics. PAGE NUMBER POLICY NUMBER DJJ104 ISSUE DATE 09/131'10 EFFECTIVE DATE 09/13/10 PAGE NUMBER 6 of 6 VI. MONITORING WCHAMSM A. The-Division of- Program Services shall have the responsibility of verifying that all NST training is completed and entered into the chInService Learning System. Training de?ciencies shall be reported montth to affected agency managers foi- follow-up. B. Department s?pervisors shall monitozr staff conduct for adherance to this policy on a day~to?day basis. Fowl I03 56- Storm-bar? Coqfermcc Commonwealth ofKentocky Department ofJnvenii?o .hmica it1 Administrative Service: 6 SUPERVIS ORY CONFERENCE Lincoln Viliogc 3'on ovcx?lc Detention FacilityIOf?cc: Center - Region: Central Employee's Name: Reginald E. Windham Employee?s SSH: - - Date of Conference: 1 Date of Last: Conference(s)t 4/13/06 01129} 11 Issue: Tir'nc 85 Attendance Poor Work Pcrfonnancc Misconduct Other (Specify): . Has the employee received a supervisory conference for a similar violation(s)? Yea CI No Ifycs, attach a copy of the prior supervisory conference. Specifics of Incident: On 8161], YWI?chinald Windham allowed residcot- to participate in organized recreation in tho facility gym, even though he was on a "no restriction, and the youth was struck in the light with an 8? sports hall. What happened: . . Reginald Windham was the shift supervisor and as such he should have been cognizant of what medical restrictions wore placed on the youth; however, he allowed rcsidcnt - to participate in organized recreation in the facility on W621 1 despite the youth being on a "no restriction. The youth was defending a goal during a soccer gamo'whcn he was struck in the right with an 3" Sport bolt. The resident was removed ??om activities for the rcmainder of the recreation period. LPN C. Burns was noti?ed and responded to the to check on resident, and ice pack :55 ibuprofen was prescribed. When did this occur: Date: 08/06/11 . Time: Font: Rcuicw~ Octobcr 2054' 1 form 103 Snpem?smy Commie: Where didit happen: Detention Building - Who was involved: Recreation Leader Mike Smith, Reginald Windham and 1: km at; Who witnessed the incident: Recreation Leader Mike Smith Supporting Documentation: (Attach any of the following documents): . Timesheets Log Reports Incident Reports Witness Stetemeets Cl Copies ofall speci?c DJIPP Policies andfor violated: DIJPP 104, "Employee Code of Conduct," IV. Procedures, (B). Other Written Evidence: Daily Medical Shi? Repett for 8/4/11 815/] showiog that resident was oh "no REC or Exercise While here in the facility; may do light chores only!" The agency nurse was on duty on when resident sustained the injury during recreation activities in the gym. The agency nurse does not have computer access; therefore there is not?a medical shift report for 8/6/11 to proirid e. Also included are two photos of the youth showing injury to right eye, and an 8/8/11 e-mail from Nurse Geiu?son. Recommended Corrective Action: (List specific steps the employee needs to accomplish in order it; improve their perfotmance or behavior): . As a supervisor, Mr. Windham must review the Medical Shift Reports to make sure he is aware of all youth restrictions and then abide by these restrictions. Employee must adhere to #104, ?Employee Code of Conduct" IV. Procedures, (B), which states, "Employees shell perfonn their work assignments competently end in a professional maxm?er. It is the responsibility of each employee to know and act in aoordenee with Department policy and standard operating procedures." Target Date for Improvement: (Specify Date) immediate Other Issues Discussed: (Items separate from the Incident) None *m 0 ea es one We cox/Wedge e?d/Itf??ne ?g eeRe52/ 5/375? Employee Signatu_re: . Date: - Date: ?Stipervisor Signature: Font: Revietsiw October 2904 2 '5 DEPARTMENT JUSTICE Isolation indolent Report Foim 4 i Lincoln Village 1? Youth Last Name: Gender: .- Date of incident: may}; Time ofincldent: 3:95:31 Youth Status: other ~Bivislen: @1531 Progremef?ce: initiating Employee: Mike smut} Youth First Mania 'Oth'er Staff involved: Wm - - 1. Chock?li E?ents'That Apply: ., . . - Possession of Contraband Dea?th of Resident Meier Offense Assault by?i'outh on Youth . Meier Injury . Restraint. Use estolatlon - D'Asseuithy Youth on Staff CI Sexual Assault . Mechanical Restraint El Destruction [3 Suicide At'tempt - . Therepelitlc Restraint a Other - .- oU-Ier Explain: ?Qo__rtg_i 1lum Desqribe the inciden'i in detail with tile information below: a) Spacl?cplaqemmna?umiig?im b) ?Ail ea'riierbehevlors and actions prlerto the incident. include theispeclilcs of ihe incidentrestraint was used: - a] Which techniques were used Mechanical Restraints Alkido Control-Training (ACT) Therapeutic Reitralnte Basic?Esport - Fleece/canvas lined cu??s - DHend cuffs? RearDouble-Ann Heck Fleece/canvas lined anklets . Dchalns Control 1. . Foam Helmet ?DAnklets COntrolZ, Suicide Prevention Smock - - Control 3 .. [:I?Suiclde Prevention Bienket I . .Controi?? i . - A b] Explain why; each {admitu was'ns?d: c} If restraint'was used, other amount of time was required to pantie] theybuth? Minutes . ?econds ?u n. Page isolation lneldent?epoft Forrp . Doom-meow Department of Juvenile Justice DEPARTMENT OF JUVENILEIUSTIGE lsdiaticin I incident Report Fara?? .4. were th?re injuries?as result- of thi's'm?ldent? Yes No . asld .. . Mr. Windham axnosed abate for 5. Was piacamar'zt In Measure supewlslan used? Yes Ma ?r a) [fisofaflon ov'er4 hburs, Isolation was authizrlzed by: Date 912:: A Time Out, ?iflme in: b} Dateln: Has ah Incident simliar_to {his occufred premensin Y?s No If yes; piease Rate as applicable: a, staff Maigldgaeport'Sig?aiare - :19. HEmpquee's Immadiate Suparvlsar Signature??tommen'ts: Signature Ccmments: If pht?rww?m taken, exyi?in by w?om?and Wham th??piclizres being kept; 5 3 f3. 'Was "placement in [sciatica used (far reislde-n?al prag?ams/daten?on cegtais aniy)? Yas Rant}?in List names {if these injure?! and extent n?lnjwies and cm?gfete quy?check ?st. Date/?rims; ?Q?te/Tfme? By signing this?ducumen t, the resident Indi?ate? that her/she has read and recaivec} a copy hf this. . ?lnciden-t report. . Youth Signature (detention unit/1; . . Sigsataze Dilemma Treatmentalrector?fappliqable) . szgfutare" . Batm? . . Page 2 9f3 . 1. Isolation incident Report Fern} . 3 . Departme?t ofJuvenlleJustice - Remzno Isolation [ncidenf Report Form Pfogrlam Director! Superintendent . I - - . . Signature Datef?mc - ?v To as sqamm?so wimm?ows DAY TO: -- 1.. . . . 2.. Emplayaa?sSupawlsor -, - . a. Fragram DirectqrorSu'perEntendent - . . Pageaafs ., . Isolatidn/incldentReport Foym ou-mwwoom?: . - Departm?nt ufJuvenliews?ce? - 1 . - Grady} Michelle Shaimon'L (de) From: Sent: 6 . . . .Tn: - Reginald Grad .Mlchalla Pace, Michele! Holt, VictorR - . Elana. A Imam (D J);Calhoun. qudclal. Kenningto?n .. . (3333). Robert Subject: ., RE: sports Injuty Attachments; .MedicaIShift Report How did this kid get named?? He :15; a . :shunt in his heada?nd Is on REC Plea?'eget back to me raga this matter]! Shannon; - . . - From: andham, Reginald (533) - - . .Sent: Saturday, Angust 06, 2011.2:35 PM - . - . To: Grady, Mlchelfe (1173); Price, Mlchaef (033); Wits-Garrison; Shannor?z yam); Holt, Victor 8 Settle, Clay Blanh, William Caihourl, [(033) Subjectr?sports injury resident was injured during rec. Reginald Windham YWHI Loncoin Village WM) 820 New Giendale Rd .JUSTICE CABINET REFERENCESs DEPARTMENT sums?rem JUVENILE JUSTICE sons-1mm 110mm! AND BROOEDURES some-11347 143043-19 . .9 . docs?313m . CHAPTER: Administration - . AUTHORITY: KRS moses SUBJECT: Employee Code of Conduct? ROLICY NUMBER: DJJ 104 TOTAL 6 - . . - . DATE ISSUED: {ls/Isms - . EFFECTIVEDATE: calls/10 APPROVAL: 3.120'na1dHaws COMMISSIONER I. Parser Employees shall conduct themselves in a professional manner. Steff shell?bo aware that their personal conduct re?ects upon 'the integrity of the agency and its ability lo provide services to youth. . . II. APPLICABEITY - . This policy shall apply to all employees of the Department of Juvenile Justice. .. This policy shall apply to contract facilities endprograms: 111. DEFINITIONS . I A. "Contraband" is defined in ?g 520.01 0(1) and includes, but is not limited to,? tobacco, pine, needles, sewing equipment, aerosol cans, toxic cosmetics,(suoh as nail polish remover); modeling glue, cleaning ?uids, paints, rogers, tools, ropes, chain-s, exlremely toxic house ?plants, broken articles, drug paraphernalia as defined in KRS 218A.500, any unauthorized Written materials, photographs, audio or video reeordhigs, video games, and any other item 'used to whiten security measures, ii1 an escape event, or as indicated by policy 5nd state laws. Any items that are pro erly aodxorized for use within a facility shall be excluded from theehove isl. B. ??engerous Contiziband?ils de?ned in KRS 520.010(31end means contraband which is oepable of use to endanger the safety 'of scourity of detention facility or persons thereio, ioolodiog, but not limited to, dangerous histruments as de?ned 500.080, any controlled substance, any qosntity of an ?slooholle beverage, and any quantity of marijuana, and saws, files, and similar metal cutting inslroinents. Any items that are properly authorized for use wiihiu a fooillty shall be excluded from the above list. C. "Sexual contact" is defined in K123 510.010g71 and moods any touching of . the sexual or other intimate parts or a person done for the purpose of gratifying the sexual desire of either petty. . POLICY NUMBER DJJ 104. EFFECTIVE DATE (lg/1311!} ISSUE DATE, 2 of 6 09I13l18 - . . . A. Employees shall arrive and leave worlg at scheduled times as determined by heir supepvisor. ?mpioye'es shall perfoi'm 'thcir' work assignments competeotly sod is a professional manner. It is the responsibility of eaehemployee to know and act in accordauceiwith standard operating procedures. Employees are required to obey the law?il order or ilir?cilve of a supervisor. If the order or direotivo con?icis with an order or directive previously issued by another supervisor, the employee shall make the supervisor sware of {he con?ict.- If the supervisoi? does not alter the order or directive, the most recent order shall stand and the reSponsihilily shall be assigned to the supervisor issuing the most recent order. ?v ,3 'Employees shalliromain in their assigned'worldn areas during working hours, Employees shall not disturb or internipt other employees at their workmg areas or prevent other employees from oanyhag on; th air duties. Employees are prohibited fpom entertaining friends or family on the premises of any o?ice or program exceptduring appropriate scheduled and approved events. Loud, abusive, or profane language and boisterous and unprofessional conduct shall not be toiersteci. Employees shall refrain from making comments which are critical of colleagues or the agency, particularly while in the presence of . youth or representatives of youth. Employees are prohibited from engaging in unwelcome written, verbal, or - physical conduct that eiiher degrades, shoWS hostility, or aversion towards a person on the basis of race, color, national origin, age, Sex, religion, disability, marital status, or that: i) has the purpose or offth of creating an intimidating} hostile, or offensive work environment; 2) has the purpose or effect of unreasonably interfering with an employee?s work perfoonanee; or 3) creates conditions that may 1106 be sexually offensive in nature, but may lead to a hostile workmg enviromueot. . . State properly and equipment?shall not he loaned to employees or others for personal use. . All DH employees shall be truthful in correspondence and interactions with other DJI staff, youth, parents, outside agencies, investigators, and in the completion of any type of Work-related written documentation (compuier- based, hoodm?tten, or typed). more mm 104 EFFECTIVE DATE '091'1371 0 ISSUE DATE Bof? r. 09/13/10 staff who work ai secure facilities) and park their vehicle in a .aeoure, looked parking area are subject to haying their vehicle searched. All DH . facilities, secure parking areas, and offices shall post signs indicating that all K. vehicles on the premises are subject to search per 21} EP. Contraband or dangerous contraband is prohibited in DIJ facilities and offices. No employee shall lrabeport contraband of any kind into "a D11 facility: Also, theft of any state properly,'inoluding, bee not limited to,_ linens, clothing,- sopplies, or equipment is prohibited. ata?i may be subject to a pat doivn search of their person if they are seepeeted of theft or of transporting prohibited or dangerous conlmband into a facility or office. The pot doom search of an employee shall be conduoled only with approval through the 1 chain of command and only in incidents in 'whleh there is reasonable suapieion of eoob'abaad per QJIPP. A ?nal decision to search shall be made by the highest ranking supervisor present in the facility or of?ce. The DH Office of Legal connect shall be constiited if there. is any question related to the degree of suaploion. Packages; lockers, desk and work areas are subject to search by a supervisor. O??foe telephones they only be used during lhe employee?s break ?or lunch, I prior to or alter their work time. Cell phones shall be prohibited in areas occupied by youth. Employees are prohibited ?om allowing youth to use a personal cell phone iri?any part of the facility. Cell phones may be used during the employee?s break or lunch, prior to or after lhe'ir Work time. Wheo required to remain beyond ?telr nomal shi?, employees may use the telephone or coll phone to notify their families. M. Employees are prohibited from sleeping or napping while on duty. Sleeping, lying down, loungixighlayingihe head dovm? upon a desk or table, or resting in any other position that would give the appearance that the employee is sleeping, is prohibited. Sleeping shall not be ellovved in youth areas oven on break limeLend if observed, may result in disciplinary notion 11p to, and including dismissal. Employees shall be provided sleeping and leisure areas separate from youth residential areas if they are unable to return to their homes when needed to assist in providing twenty-four (24) how: coverage. .: Employees shall not be on the premises except during working hours unless approved by their Mediate Supervisor. in aeoordmloe with XE 2371101141 and KRS 237.1 15(1) employees ere prohibited from possession of fireaons; or any other deadly weapon as de?ned in_ KRS 500.080m, on the premises or ?groundeof any of?ce; program, treatment facility, or detention center and in any vehicle transporting?DH youth per DIJPP. PAGE POLICY NUMBER now 10.4 EFFECTIVE DATE 09/13/10 ISATE ems/Employees shall interact with youth on a consistent basis to address individual youth needs and prevent conflicts from becoming unmanageable?mployecs I shall protect the individual safety of youth and themselves through the use of spproyed controlling techniques utilizing no more than the absolute amount of a force necessary'to d?i?'use a confrontational situation. . Employees shall take appropriate precaotions in dealing?with youth to prevent allegations of mapproprieto verbal communication, written communications, - sexual contact or abuse'of any type per 12.? IPP. Abuse and other mistreatment of 'youth in the- care ., or custody. of the . [Department shall not be tolerated. Reference Persons abusing youth shall be subject to disciplinary action up to and including dismissal under 19,; 1.645;. Employees suspected of abuse are subject to investigation and prosecution under all applicablo'laws. . . As a representative of the Department, employees shall act in a manner that provides youth with a positive role model. - Employees, volunteers, and contract personnel shall be expected to maintain a . professional relationship with youth at all times. The following rules help delineate this relationship and prevent complications in treatment for youth. . An employee or volesteer is prohibited from the following actions subject to administrative and criminal disciplinary sanctions: 1. Selling . or loaning personal. belongings to youth or youth?s reprcSentati'Ve; . . 2. Entering into a business relationship or the representatives of a youth; i 3. Giving special privileges to a "youth; unless privileges are earned by the youth as part of the treatment plan (Reference 4. Accepting a bribe or: payment from a youth or the representatives of a youth for special services rendered to them; 5. Lending money to a youth or the representatives of a youth; 6. Entering into a dating or some] relationship or having sexual contact with an individualistic is currently supervised by committed to (reference Q. 510.?29 [3 Kc! regarding consent); - . or ?nancial transaction with youth 7. Entering into a dating or sexual relationship or having sexual contact with a youth who was previously supervised by, or in the. custody of, DH and who is under the age of eighteen or 8. Entering into a dating or sexual -rolatioaShip or having sexual coolest with any DJJ youth who is eighteen (18) years'or older, who has been supervised or committed to DJJ within the past two (2) years (for example, if a youth is seventeen (17) years and six (6) months of age when released, an employee c'otild not date the Youth until the youth is PAGE NUMBER POLICY NUMBER. ISSUE DATE EFEECTIVE DATE PAGE NUMBER . DJJ 104 09l13/18 99113/10 5 of 5 nineteen (19} years and six. (6) 'znonth of age, or two (2) years after- release)? - U. recognizes that its employees are persons in a position of authority or position of special trust, as de?ned 532.045. prohibits any -employee, regardless of his .or lie: age, ?'om subjecting anyone under the agency?s care ct; custody, with whom he or she comes into contact as a result of his or her position, to sexual contact. . Donations madeto programs, including money, property, or material goods shall not be accepted by! individual employees without proper authorization of the superintendent or other competent authority. Only donatioos which are allowable under the code of ethics may be accepted. Donations of money,. property, and material goods shall be properly accounted for in facility records, - - . W. Employees shall fully cooperate with and-not interfere an investigation conducted lay the Of?ce of Invostlgations (001), a DJJ Sopervisogh or to Federal and State constitutionalprotections. a 1. Employees shall provide a written or Verbal statement a departmental investigation or when directed by a supervisor. Failure to provide a written_ statement as requested shall result in a disciplinary action, up to and including dismissal. . 2. Employees shall not discuss the investigation with anyone othezj than?OOI staff, a Ombudsman, or someone within their supervisory chain. Exceptions to this may be made under the direct authorization of the Commissioner?s Of?ce. Employees are pzohlbited??om having sexual or intimate contact while on state property, in a state dohiole,?or while on duty.? . Employees are prohibited from purchasing products for personal use from the agency?s contracted vendors at the reduced agency rate. Employees shall also be prohibited from using-?le DH procurement card to make purchases of any kind for personal use. STAFF TRAINING The Division of Program Services shall proyide New Staff Training for all oewly hired staff. This trainiog will include a review of the Employee Code of Conduct and other relevant topics. a NUMBER ISSUE DATE EFFECTIVE DAT-E PAGE NUMBER 11331.04 09mm] . 09/13/10. Gof? VI. WCWM . A. The Division to? Program Sunrises shall have the fosponsihility of . that? NST training is completed and entered into WobInSorvipo Learning System. Training de?cionojos shot! be reported {o affected I agency?managers fol? oppropriato follow-up. . B. Department supowisors shail monitor staff. conduci for adherence to -this policy on a. day?to-day basis. . . - JUSTICE AND PUBLIC SAFETY CABINET Steven L. Beshear Department of Juvenile Justice Governor 1025 Capital Center Drive, Floor J. Mishael Brown Frankfort, Kentucky 40501-3235 Secretary Phone {502) 573-2?38 Fax (592)513-4305 J. Ronald Haws CommiSSloner 0 A TO: Reginald Windham Youth Worker lIl Lincoln Village Regional Juvenile Detentioanouth Development Center FROM: J. Ronald Hawsgk; Commissioner DATE: July 29, 2010 SUBJECT: Written Reprimand As reported by Juvenile Facility Superintendent 11 Michelle Grady, you demonstrated poor work performance by your inappropriate and excessive use of force towards a resident at Lincoln Village Regional Juvenile Detention Center/Youth Development Center, which ultimately resulted in substantiated allegations of your excessive use of force with Youth?l?, as contained in the O?ice of lnvestiga?tion?s (001) report #221340, dated June 1, 2010. During Investigator Walter Wright?s inquiry into the reported incident by Juvenile Soperintendent 11 Michelle Grady, photographs of Youth?s* injuries and incident report forms were reviewed, and interviews were conducted with Youth*, Youth Worker ll Rhonda McNeal, Social Service Worker ll Jeffrey Wilson, Youth Worker ll Robert Kennington, Youth Worker ll Michael Adkins, and you. On April 27, 2010, YOUil?l* was not allowed to call her D31 worker and became upset. Youth?l? cursed and was placed on room restriction. While on room restriction Youth* threw her food tray against the wall and started kicking the door. At this time Youth* was then upgraded to isolation. You were called to assist Mr. Wilson to escort Youth* to intake and while on intake Mr. Wilson asked her for her pictures of her niece and nephew, however Youth* re?Jsed to give them to him, You came over to assist and you and Mr. Wilson asked Youth* several times to step inside her intake cell but she refused to comply. Youth* responded to you that she still needed to speak with Mr. Wilson. You then grabbed Youth?s* arm to escort her into the cell, however as she jerked away from you she lost her balance and fell to the floor. You dragged Youth* into the cell by her feet while Mr. Wilson was standing at the intake door and Ms. McNeal was standing near the intake counter. Mr. Wilson and Ms. McNeal then came over to follow you and Youth? inside her cell. Once inside her cell Youth* stood up and was placed on her bed. Youth* started to kick you when additional staff arrived to assist with restraining her. Youth* then attempted to run out of her cell when Mr. Wilson placed his hands against her shoulder and secured her right arm and you secured her left arm to prevent Youth* u-u. KentuckyUnbridledS iritcorn F3 Mfg?, An Equal Opportunity Employer Reginald Windham Written Reprirnand Page 2 July 29, 2010 from leaving the cell. You and Mr. Wilson then took Youth* to the floor. While Youth" was on the floor she purposefully hit her head on the floor. Ms. McNeal placed a sweatshirt between Youth?s-* head to prevent her from hurting herself. Once Youth* had calmed down she was placed on her bed again. While Youth* was sitting on her bed she tried to hit head against the wall, however Ms. McNeal placed her hand behind Youth?s* head to prevent Youth* from hurting herself. After being redirected Youth* finally calmed down and apologized for her behavior. Your poor work performancefmisconduct constitute violations of the Department of Juvenile Justice Policies, #1023, ?Employee Code of Ethics?; #104, ?Employee Code of Conduct?; #713, ?Detention Services?; and Lincoln Village Regional Juvenile Detention Center/Youth Development Center Standard Operating Procedures, #324, Physical and Mechanical Restraints. Furthermore, you received a letter dated January 12, 2007 of a ?ve (5) day suspension on January 17, 18, 19, 20 and 24, 2007 for misconduct (use of inappropriate and excessive force); and a supervisory conference dated April 13, 2006 for poor work performance (failing to sign MAR to verify youth medication). You are hereby issued this written reprimand concerning your poor work perfonnance/misconduct. Further incidents of this nature may result in more severe disciplinary action against you, up to and including dismissal. A copy of this written reprimand shall be placed in your permanent personnel ?le. In accordance with KRS 18A.O20, you may, if you choose, respond to this reprimand in writing. A cepy of your response will be placed with the reprimand and the supporting documentation in your personnel file in this agency and your personnel ?le maintained by the Personnel Cabinet. A written reprimand, in and of itself, is not an appealable penalization. cc: Hon. Nikki Jackson, Secretary, Personnel Cabinet Hon. Mark A. Sipek, Executive Director, Personnel Board Barney Kinman, Office of Investigations Hasan Davis Joslyn Olinger Glover Jason Reynolds Bob Hayter Teresa Brown Michelle Grady Darlene Heflin Theresa Wolcott Personnel File PERSONNEL ACTION DRAFT Date: July 22, 2010 Employee Name: Reginald Windham Discipline File Number: 10-30 Position Title: Youth Worker Region: Central Location: Lincoln Village RJDCIYDC Status: Merit Investigation: 001 #2213-10 Recommended Level of Discipline: Written Reprimand CHARGE AND SPECIFICITY: Poor Work Performance/Misconduct, as reported by Juvenile Facility Superintendent 11 Michelle Grady, you demonstrated poor work performance by your inappropriate and excessive use of force towards a resident at Lincoln Village Regional Juvenile Detention Center/Youth DeveIOpment Center, which ultimately resulted in substantiated allegations of your excessive use of force with Youth*, as contained in the Of?ce of lnvestigation?s (001) report #221340, dated lane 1, 2010. During 001 Investigator Walter ?Wright?s inquiry into the reported incident by Juvenile Superintendent l1 Michelle Grady, photographs of Youth?s* injuries and incident report forms were reviewed, and interviews were conducted with Yonth*, Youth Worker Rhonda McNeal, Social Service Worker II Jeffrey Wilson, Youth Worker 11 Robert Kennington, Youth Worker Michael Adkins, and you. On April 27, 2010 Youth* was not allowed to call her DJJ worker and became upset. Youth* cursed and was placed on room restriction. While on room restriction Youth* threw her food tray against the wall and started kicking the door. At this time Youth* was then upgraded to isolation. You were called to assist Mr. Wilson to escort Youth* to intake and while on intake Mr. Wilson asked her for her pictures of her niece and nephew, however Youth* refused to give them to him. You came over to assist and you and Mr. Wilson asked Youth* several times to step inside her intake cell but she refused to comply. Youth* responded to you that she still needed to speak with Mr. Wilson. You then grabbed Youth?s* arm to escort her into the cell, however as she jerked away from you she lost her balance and fell to the ?oor. You dragged Youth* into the cell by her feet while Mr. Wilson was standing at the intake door and Ms. McNeal was standing near the intake counter. Mr. Wilson and Ms. McNeal then came over to follow you and Youtl? inside her cell. Once inside her cell Youth* stood up and was placed on her bed. Youth* started to kick you when additional staff arrived to assist with restraining her. Youth* then attempted to run out of her cell when Mr. Wilson placed his hands against her shoulder and secured her right arm and you secured her left arm to prevent Youth* from leaving the cell. You and Mr. Wilson then took Youth* to the ?oor. While Youth* JFK. was on the ?oor she purpose?illy hit her head on the floor. M5. McNeal placed a sweatshirt between Youth?s" head to prevent her ?'on'r hurting herself. Once Youth? had calrned down she was placed on her bed again. While Youth? was sitting on her bed she tried to hit head against the wall, however Ms. McNeal placed her hand behind Youth?s? head to prevent Youth? from hurting herself. After being re-directed Youth" ?nally calmed down and apologized for her behavior. Your poor work performance/misconduct constitute violations of the Department of Juvenile Justice Policies, #102, ?Employee Code of Ethics?; #104, ?Employee Code of Conduct?; #713, ?Detention Services"; and Lincoln Village Regional Juvenile Detention Center/Youth Development Center Standard Operating Procedures, #324, Physical and Mechanical Restraints. Furthermore, you received a letter dated January 12, 200? of a five (5) day suspension on January 17, 18, 19, 20 and 24, 2007 for misconduct (use of inappropriate and excessive force); and a supervisory conference dated April 13, 2006 for poor work performance (failing to sign MAR to verify youth medication). CONFIDENTIALITY PAGE Youth? cc: Hon. Nikki Jackson, Secretary, Personnel Cabinet Hon. Mark A. Sipek, Executive Director, Personnel Board Barney Kinman, Of?ce of Investigations Hasan Davis Joslyn Olinger Glover Jason Reynolds Bob Hayter Teresa Brown Michelle Grady Darlene Heflin Theresa Wolcott Personnel File i; I 3 . CONFIRMATION SHEET This is to acmowledge receipt: of a letter dated January 2002, and addressed to, Mr; ?gg'ngld Windham, Earn the: CommisSioner of the Depamnent of Juvenile Justice regarding mnendment to the January 10, 2007 letter. on Date (in the event employee refuses to Sign): ?amassed by: on LINCOLN YOUTH DEVELOPMENT AND REGIONAL JUVENILE DETENTION CENTER FACSIMILE TRANSMITTAL SHEET TO: FROM: Tanja Lawrence Anne COMPANY: DATE: 1/12/2007 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 502-573-2031 2 PHONE NUMEER: FHONE NUMBER: 270-766-5280 ext. 226 as; ?curry-s FAX NUMBER: Windham 270-766-5287 URGENT FOR REVIEW PLEASE COMMENT PLEASE REPLY El PLEASE Can?den?ality' N060: This coves: sheer and the materials enclosed are the private, can?den?zi pmpeny of the sander and the minim am privileged kneaded solcly' for the mcipt, use, bcac?t and information of the intended recipimr, you an: harch noti?cd that any micw, disclosure, copying, distribution of the taking of any odanznc?oninm?anccupm your part If you have received {his in mm, picasc no?fy the sender at the phone munbcr given and 31:13:33 for meremm ofthis That:ka I Data: 063 610 I. g) 113- i) (E) MAJOR CORRECTETE ACTION REQUEST Employee Name: Rm?nald Windham Employee DJJ Training Assigned FacilityEOffice?juw z?zge YDIRJBC REQUEST IETTER 81635114111) OR mm BY INCLUDE TEE SECTIONS: (REQUIRED FOR AIL REQUESTS) . a A. PERSONNEL momariom Employee?s Name, SSN, DOB, and job title Employee?s status (permanent, pmha?-ona ry, etc.) Employee?s Work Location - SPECIFICS OF INCIDENT IN DETAE mm NMHES, DATES, TIME AND LOCATIONS: What did do that was wrang and why was it wrang? Speci?c facts remng tn the current problem (Who, What, Where, When and How) Dates and time of ocean-anew Name of employee reper?ng problem Names and job titles afwimesses Names of Yanth involvad A LIST OF ALL DJJ POLECIES 0R PROCEDURES THAT WERE WHY: POLICY WEE AND (E13 (REQUIRED IF APPHCABLE - EWLOYEE STATEMEM REan FOR ALL CASES) A. (See interview in 001 221340) B.. {@Victim (San interview in 001 2:13.10) C. ()Empiayce forwham discip?ne is being requested (See Interview in 001 221340) I). (Ema): saber person with knowledge ofincident COPIES OF ALL INCIDENT REPORTS OR WESTIGATIONS CONCWG THE INCEENT: (REQUIRED IF APPLICABLE) 23.. ()Incident Reports 1 B. my.ch Investigatian {Director will include copy it? 001 2213-40] C. ??mhudsman Report D. (D)Quaiity Assuranca Report ADDITIONAL EVIDENCE SUCH AS: IF APPLICABLE) A. ?Wnt-k prnducfs (Shift Reports) 13. (D)Compuier ?les, Evaiai: C. Ewan ?le audits E. (D)vaef0vertime request forms F. (DIThn?heets during periad in question G. (D) Yeariy timecard (D Medica?l?hysician?s statements I. dSign-infnut lugs 01* Call-in logs JUN 2 2 2810 Re: Major Corrective Action Checklist for Reginald Windham June 16, 2010 Page 2 J. (CDVehicle logs K. (D)Written instruments by or to alleged perpetrator L. ()Photographs of injury. damage, or questionable items M. (EDContraband V. (E) COPIES OF PROCEDURES THAT WERE VIOLATED. (REQUIRED FOR ALL REQUESTS - BIGHIJGHT APPIJCABLE SECTION) VI. (8) COPIES OF ALL 133:! POLICIES THAT WERE VIOLATED. (REQUIRED FOR ALL REQUESTS HIGHLIGHT SECTIGN) VII. EVIDENCE OF PREVIOUS CORRECTIVE ACTION. (REan FOR ALL REQUESTS) A. Copies of supervisory conferences B. (CDCapies of verbal or written reprimands (3. @)Copies of prior disciplinary actions D. (DJCorI-ectiva action plans E. [CbResPc-oses from employees ANY ABDITIONAL DOCUMENTS 0R CONCERNING THIS REQUIRED IF APPLICABLE). Note: Items with on must be included for all time and attendance issues. Items with an must be includ for all abuse or neglect situations. 5%4x?yjdx 5:2. ?I/Hg/loao Signature Imate I have rev? wed the ?le and found it to be compiete. ty??mmis oner Date Steven 5.. sashea: Gavamer TO: mum THRGUG H: FRGM: BATE: SUBJECT: A. JUSTICE AND PUBUC SAFETY CABINET J. Mkhaei awwn gem-tar; Department of juveniie ?ustize musk: m?age Yr:th Bmeiagmam Ragism! Jwan?a Betantion Cantu 820 New Gleada?e 30315, E??w?zmwm KY 42791 9mg {27:3} '365?5288 {270:755?5235 J. Ranaid Haws Cemm?ssicner era :1 Hasan A. Davis, Deputy Commiss?aner, Pm-gram {inns c; w//69 Bab Hayier, Division Directar, Gama! 85gb Teresa Brown, Regions! ?dminismton Central Regina Micha?e Gra?ya Supe?niendent Lian Wage mac meg! June 18, 2610 Reques: for Discipijinary Action far Reginak? W?ndham, a?s Pa 2! ni? ma Empleyee's SSH: Employee's; DOB: Empieyee?s Job Titie: Empioyce?s Status: Empioyae?s Wadi Locaticn: Youth Warker Fu!f~time, gentleman: Village Specifics of Incident in Ismail with Names. Dates, Tima and Locations 0n Mn Reginaid Windham WEI, was invel?ved in a minim with resident and mate in his report that he secured feet and puiied her ante the sail due to he: resisting staff. Superintendant K?sti? Slutier, called the an 5203le to report 12m incident, She iz?ormcd OOI that ta the debrie?ng candutcd a Social Service Worker H, Jeff Wilson, ?Mr. Windham inst control youth and than ?raggcd resident into the isolating mum hy her foab?leg.? Mr. Wilson witnwa the incident. Ms. Static? animal that Ms, Gm mention suyerintendem, went to vie-w the incident an camera, but from the camera angie, inappropriate could be seem Waite:- Wright, OOI Investigator came to IN to canduct interviews on 524 and 0. stated when she was re?xsing to step into her iniakc cal}, Mr, Windham came over and grabbed her right arm, and shejerked away him, last her balance, and fail to the ?ner, She said Windham than dragged her into tim cell by either one a: two :35 her feet. Once inside of the call, she stand up and Mr. Windham pushed her down on the bed. stated that she th 11 stamd kicking a: Mr. Windham. A?ditiona} sta?' than arrived to assist Mr. Windham restraining hm: mam} during the restraint, she purpescfnily hit her head on that: ?oor. YWH Rhonda Mchal 231d invasfigatczr that Mr, Windham walked met-ta and grabbed her right arm "pied struggling and dropped is: the float, Ms. McNeai stated she heh?eved that Mr. Windham. that placed in a Contra-I and esco?ed her into the cell. M5. M'ch recalled j} 5_ intentienally hitting? her head on the ?oor. Counselar Wilson stated whiie on iniake, he: iefc arm and she went on her own is the ?oat. ML Windham than grabbed her right foot and dragged her into the center nf her {2211. Mr. Wilsan stated during the restraint Mr. Windham secured her left arm, and he (Mr. Wiisnn) secured the right arm. may than tank dawn to tha ?oor. While an the ?oor, kept to bang her head on the ?our. Mr. W?san stated thaz Ms. McNeai had aomecm ta} get a piece of Kenmw?sy a Kentuckyiznbridiedsw?tmm An {Kauai Emp?'aym' M?fa re?ned to 528p inside of her call. Mr. wmdham than grabbed Wm {We Memo to Hasan A, Davis Re: Major Correctiva Action Request for Reginald Windham. YWHI, LVYDIIUDC .1 one 18, 20m Page 2 clothing to prevent from hitting her head on the ?oor. Mr. Wilson stated the following day he wrote what Mn Windham had done in the critical incident debriefing summary. He said he also went to Ms. Grady, Assistant Superintendent, to inform he? of Mr. Windham?s actions of dragging by her foot. Mr. Wilson said he did not feel that Mr. Windham was attempting to harm when he dragged her into the cell, but his technique was not an approved one. Robert Keonington said when he arrived in the intake cell in response to staff assistance, he observed Mr, Winoham securing feet. Mr. Wilson had her right arm secured in a instance and Ms. McNeal had her left arm secured. Mr. Kenninng said be relieved Mr. Windham with securing the resident?s feet. YWII Michael Adkins staied that he was working Control when the incident occurred. Mr. Adkins recalled seeing Mr. Windham walking over to who was slandiog ouzsirie of her eeil. Mr. Adkins stated. that Mr. Windham appeared to Place la a Control-l and than escorted her to her cell. Mr. Wilson and Ms. MeNeal then went into the cell as assist Mr. Windham, My. Adkins Si?i?d he did not know what happened a?er this because he had to switch the camera over to let staff enter the intake area. YWIH Reginaid Windham met with Investigator Walter Wright on $17? 18 He stated that refused to go ian 1: all while on intake. Mr. Windham stated that he walked over to and told her to go into her cell. #2311 refused again, so he then grabbed her by her right aim and was goiog to lead her into her cell. 'erke?ld away lion: him and made herself fall down to the floor. While on the ?oor, started kicking at him. Mr. Windham stated he grabbed . by instinct to get her into the cell, ML Windham stated if he could do it over, he would hava ?coordioet with Ms, McNeal and Mr. Wilson prior to restraining The substantiated finding that ?staff uses inappropriate or force that could result in an injury," is based oo Mr. Windham?s own admission, staff and reside-1a witness lozewiews. Mr. Windham admitted to dragging into her cell during the day in question. C. DJJ Poiicv aodfor Facilitv Of?ce Procedure Violations I333 Policy #302, ?Employee Code oi" Ethics,? Section IV- (E), which staies, ?Staff shall serve each youth with appropriate concern for their welfare.? Policy 194, IV (E), which statea: ?Employees shall be. expectea to perfonn their aseigmnems competently and in a professional manner.? - DIE Policy 104, (M), which states; ?Employees shall inteiaci with youth on a consistent basis to address individual youth needs and prevent con?icts from becoming unmanageable. Employees shall. protect the individual safety of youth and themselves through the use of approvezi cooaolling techniques utilizing no more than the absolute amount of force necessary to diffuse a conflicmai situation.? 0 8.0.13. 324 Physical and Mechanical Restraints, which states, "Lincoln Village Youth Development Cenier staff shall be permitted to use approved methods of physical {and mechanical) restraints on youth who become aggressive toward staff or peersf? and ?Physical andfor mechanical restraints shall be used only as a control measure and oaly when all other actions appropriate to the situation have bee-a ruled oui. Mechanical aadz?or physical rea'traims are not intended for, and shall be prohibited for use as, a means of discipline and punishment and shall be applied with the least amoonz of force possible.? ?Approved m-ezhods of restraiat shall be saactioned by as Aikido Control Techniques (ACT). a DB Policy ?313, TV, A which states: ?in the management ofaggressive youth, only those skiila that are non? punitiae la nature and are approved by shall he easel.? Mr. Windham failed to maintain the standards set forth by de-paronenfal policy, He needs to use appropriate, approved techniques when physical restraint of a resident is necessary. It is noted that Mr. Windham was the perpetrator in an 001 investigation in 2805 (#1768a06) in. which the allegation mad-e against him of ?staff uses inappropriate or excessive force that could resuli in an injury? was founded. He also received a Supervisory Conference on 4113l?66 for a. medication error. 1am requesting appropriate disciplinary action be given for Mr. Windham's violation of departmental policy. Kentucawnendadsanmm Aoiqualopporzmaw?mpie?er was Wm?? meter Steven L. Beshcar JUSTICE AND PUBLIC SAFETY CABIN ET Department of Juvenile Justice Governor Uncoln Village Youth Development it Regional luvenlie Center BED New Simulate Road, E?mhethtown. KY 42301 Phone om: memo Pu [270} 755-5235 ra TD: Heston A Davis, Deputy Gomn?esioner. Program Operations Bob Homer, Division Dlrector. Dental Region THROUGH: Teresa Brown. Facilities Regional Administrator, Central Region FROM: Michele Grady. Suped?r??nt ll, linooh tho RJDC DATE: June 16. 2010 SUBJECT: Request for Disciplinary Action for Reginald Windham, Will 1. Michael Brown Secretary J. Ronald Hem A. Em plovee?s Personnel Info motion Employee?s Employee?s DOB: Employee?s Job Title: Youth Worker Employee?s Status: Full-time, permanent Employee?s Work Location: Lincoln Village YDIRJDC Speci?es of Ingideot in Detail with Dntesi Time and Location; On 4127/10, Mr. Reginald Wmdheru, YWIH, was involved in a restraint with resident and wrote in his roport that he secured -feet and pulled her onto the cell due to her resisting staff. C. Facility Of?ce Procedure Violations DJJ Poiimgillol ?Employee Code Section (A) and (B) (A) Stuff shell respect and protect the civil and legal rights of all youth in the care or custody of the Department (B) Ste?" shall serve each youth with appropriate concern for their welfare. on Pollov #1041 'Emuiovee Code of (seating: Section IV (B), (MI and (N) (C) Employ/cw shall he expected to perfonn their work assignments competently end in a professional manner. (M) Employees shall protect the individual safety ofyouth and themselves through the use of approved controlling techniques, utilizing no more than the absolute amount of force necessary to dif?isc a con?iotual situation; (N) Employees shall take precautions in dealing with youth to prevent allegations of inappropriate verbal communication, sexual contact or abuee ofeny type. I am requesting appropriate disciplinary action taken against chlnald Windham for these violations ochpertmental Policy and Procedure and facility SOP. Km? An Equal Donor-min Employer WWO JUSTICE CABINET REFERENCES: DEPARTMENT OF ans-1&2? if, :12: i 1013. 24, 25 10?13, 13,19 A-ZS: 10-14. 19. CHAPTER: Administration AUTHORITY: KIRS HADES SUBJECT: Embloyiee Code of Ethics POLICY WEEK: DJJ 102 TOTAL 3 . DATE ISSUED: May 1. 2005 EFFECTIVE DATE: OSIGIIOS APPROVAL: Bridget Skaggs Brown COMSSIONER . I. POLICY The Dcpartmont expects of its staff honesty, integrity, irospoot for the dignity and individuality of human beings, and a commitment to and compassionate service. The Department supports a drug??ee workplace. II. APPLICABILITY This policy shall apply to all employees of the: Doparlrhootof Juveniic Justioo. DEFINITIONS Not Applicable IV. custoii? of tho ?Department. with no pmposo ofporsonal gain. criminal activity. Each .staff shall maintain the: integrity of private information. Sta?' shall rcspobt and protoot the civil and lo ta?'s thwith aroriato gal rights of all youth in tho car's and . Rolationsi?ps with colioagucs ghall be of such character. to promote mutual r?s'p?oct Within the profession and improvement of its quality of service. .: Stiff shall fospoct the. importance of all memo of the criminal jus?oo system and ogultiyol? professional with Each segment. Siaff shall respect and protect thoi'ight of tho public to be safeguarded from Sta?' shall F. neither seek personal data beyond that needed. to perform their responsibilities nor reveal cost: information to anyono not having professional use for such. EFFECTIVE DATE PAGE NUMBER POLICY NUMBER ISSUE DATE 2 of 3 D327 102 05/01105 05/01/05 lufonnation regarding youth or persons seeking treatment shall lac-kept con?dential under the provisions of KRS 610.320, 510.340 and 635.120. All employees, consultants, contract personnel and volunteers who work with youth or youth records shall sign a con?dentiality form as a condition of employment or service. G. Sta?? shall report any corrupt, unethical behavior, or policy violations which may affect either a youth or the integrity of the organization and any abuse or neglect as required by KRS 620.030. H. Staff shall not discriminate against any youth, employee, or prospective employee on the basis of religion, race, sex, age, disability, or national origin. I. Staff shall not use their of?cial position to secure privileges for self or others and shall not engage in activities that constitute a con?ict of interest. . .T. Sta?? shall not act in their o?eial capacity in any matter in which they have personal interest that may impair objectivity and create the appearance of con?ict of interest. K. Staff engaged in outside employment shall obtain from the appropriate Division Director or designee, or the appropriate Deputy Commissioner, written acknowledgement that said employment does not appear to conflict with the employee?s official duties. Political activities of employees shall be in compliance with KRS 1821.140. M. Workplace violence, as defined in 101 (9), shall be prohibited and shall constitute grounds for disciplinary action and referral for criminal prosecution. N. All employees are prohibited from reporting for duty or operating any stat? ?ivehiclc after consuming any amount of an alcoholic beverage. Possession of alcoholic beverages at the work site or the of alcoholic beyemgce during working hours or, prior to operating any state vehicle is strictly prohibited. Any measurable or detectable amount of an alcoholic beverage shall be considered enough to be in violation of this policy. This shall apply to all DH employee's. The misuse of prescription and non? prescription drugs or use of illegalrdrugs on state property during working hours or'wbile operating a state vehicle is strictly prohibited. in compliance with the Anti-Drug Abuse Act (PL. 100-690), employees shall be notified that the unlawful manufacture, distribution, dispensation, possession or use of any controlled substance is strictly prohibited in the workplace and any I i . 1m 10'2 POLICY NUMBER EFFECTIVE DATE 05/91/05 ISSUE DATE a 05/01/05 303?3 V. employee found to be in violation shall be subject to disciplinary action for misconduct which may include sanctions up to and including dismissal. Ifan employee. is arrested for or charged with any offense, other than a minor traf?c violation (sec definition below) they shell notify thoir immediate Supervisor. This report shall be made prior to their next scheduled shift. Being detained does not relieVe an employee of the reapoosibility of providing notice to their supetvisor that they will not be reporting to work because of the detection or most.? If their supervisor is not working, they shall immediately notify the highest level sopervisor on duty at their facility or of?ce. 1. The employee shall fumish the supervisor with the name of the charging authority, the city or county Where the charges are ?led, end the next court date assigned to them. Any supervisor, or acting supervisor, upon noti?cation of an employee being arrested or charged shall notify the facility manager, District Sopervisor, or superintendent by email giving all known details of the incident. The supervisor shall, at the same time, also copy the information to their reapective REA/Branch manager and Division Director. The Division Director shall immediately notify thc'Deputy Commissioner and the Commissioner by email. If this occurs after of?ce hours and circumstances warrant callicg them at homc'they shall do that in addition to the email. Minor traffic Violations include things such as a citation for speeding, .g a red light, etc. It does not include a charge of Driving Under the I In?uence. Citations for any criminal oEense shall betrcported. There is no grace period for complying this requirement. Failure to comply with this may result in discipline up to and including dismissal. i MONITORING MECHANISM Monitoring shall be done by all supervisory personnelwon an Ongoing basis. PAGE NUMBER <7 0 I REFERENCES: DEPARTMENT OF JUVENILE JUSTICE POLICY AND PRO CEDURES loom-.1349 il-SJD-lB?l?i CHAPTER: Administration AUTHORITY: KRS 15A.065 SUBJECT: Employee Code of Conduct POLICY NUMBER: DJJ 104 TOTAL PAGES: 3 - . . DATE ISSUED: January 19, 2006 EFFECTIVE DATE: APPROVAL: Bridget Skaggs Brown COMMISSIONER Ii POLICY . Employees shall conduct themselves in a professional manner. Staff shall be aware that their personal 'oonduct reflects upon the integrity of the agency and its ability to provide services to youth. II. APPLICABEITY This policy shall apply to all employees of the Department of Juvenile Justice. I DEFINITIONS Not Applicable IV. PROCEDURES . A. - Employee?s shall he expected to arrive and leaVe work at scheduled times as determined by their supervisor. Employees shall he expected to perform their work assignments Competently I and in a professional?manner. Employees shall remain in their assigzied working- areas during working C. lhoors. Employees shall not disturb or interrupt other employees at their wotlcing areas or prevent other employees from carrying out their duties. . Employees shall not entertain ?lendo or family on the pgemises of any DJJ of?ce or program except during appropriate scheduled arid approved events. Loud, abusive, or profane language and boisterous and unprofessional ?i . conduct ahell not be tolerated. Employees shall whole from making oomzhenth which are critical of colleagues or the agency, peztioularly while in the presence of youth or rehresentatives of youth. a POLICY NUMBER . DJJ 104 EFFECTIVE DATE- 01/19/06 ISSUE ham ems/0?5 2 affi Employees shall not engage is unwelcome Mitten, verbal or physical conduct that either deni grates or shows hostility or aversion towards a person on the basis of race, color, national origin, age, sex, religion, disability, marital slams or pregnancy that: I) has the purpose or re?ect of creating an intimidating, hostile or o??ensive wed: environment; 2) has the purpose or effect of umeaso?iiahly interfering with an employee's work performanoe; or 3) create conditions that may not be sexually offensive in nature, but may lead to a hostile working environment. . State property and equipment shall not he loaned to employees or others for personal use? Theft of any state property, including linens, clothing, supplies, or eql?pment shall be prohibited. Individual parcels or bundles may he subject to inspection by the supervisor. ()?loe telephones shall be for business only. The telephone may he used during the employee?s o?lduty time for local cells only. When required to remain beyond their normal shift, employees may use the telephone to notify theisfamilies'. . Employees shall never he permitted to sleep or nap while scheduled on do . Sleeping, lying down, or lounging shall not he allowed in youth areaseVen on break time, and if observed, may result indiseiplinmy action up to, and including dismissal. Employees shall be provided sleeping and leisure areas separate from youth residential areas if they are unable to return to their homes when needed to assist in providing meaty-four hour coverage. Employees shall not he on the premises except during hours unless approve? by their immediate supervisor. I - In accordance with KRS KRS 23711004) and KRS 237.1150) employees shall be prohibited ?'om possession of ?rearms, or any other deadly weapon as de?ned in KRS on the premises or grounds of any DJJ of?ce, prograni, treatment facility or detention center and in any vehicle transporting DJJ youth. Employees shall inteiaot with youth on a consistent basis to address hldi?dual- youth needs and prevent con?icts from becoming manageable. Em lo 665 shall? protect the individual safety of?vouth and themselves ., through the use of approved controlling technigues utilizing no more than {lie ahsolute amount of force necessary to di?ilse a con?ietual situation. PAGE NUMBER 1 w? ?n a" . .5 EFFECTIVE DATE 01/19/05 ISSUE DATE 01/19f06 POLICY NUMBER DJJ104 3 of4 those of any type. . . Abuse and other mistreannent (as de?ned in 140) of youth in the care 0 i or custody of the Department shall not be tolerated. Persons abusing youth shall be subject to disciplinary action up to and including dismissal under 101 KAR 1:345. Employees suepeeted of abuse'shall also be subject to investigation and prosecution under all applicable laws. . P. Eniployees shall have the reopenslhility of providing youth with a positive role model as a representative of the Department. Q. Employees and contract personnel shall be expected to maintain a . professional relationship with youth at all times. The following rules help delineate this relationship and prevent complications in treatment for youth. An employee shall not: . Sell or loan personal belongings to youth; Enter into a business relationship or ?nancial transaction with youth or the reptesentatiye(s) of a youth; . 3. Give special privileges to a youth, unless earned by youth as part of the treatment plan; . Accept a bribe/payment by youth or the representa?ve(s) of a youth for special sandman rendered by them; Lend money to a youth or the representative(s) of a youth; Enter into a dating or sexual relationship with a youth or formerly committed youth under the age of 18; or Enter into a dating or sexnal relationship with an individual 18 years of 7. age or older who is tmder DH care. . R. Donations made to programs, including money, material goods . shall not he accepted by individualemployees unless otherwise designated. Only donations which are alloWable under the code of ethics..may be accepted. Donations of money, property and material goods shall be properly accounted for in facility records. Employees shall fully cooperate with an investigation conducted by the PAGE NUMBER mployees shall take appropriate precautions in dealing with youth to . prevent allegations of inappropriate verbal communication, sexual contact or ISSUE DATE POLICY NUMBER 01/19/05 DJJ 104 EFFECTIVE DATE 01/19/06 PAGE NUMBER 4 of 51 Internal Investigations Branch, Int?mal Affairs Of?cer Dr Ombudsman, subject to Federal and State constitutional protections. V. MONITORING MUHAMSM These procedures shall be mbnitored by all supervisors. ACA Standagd: DJAPolicy: 32 GENERAL: STANDARD OPERATING PROCEDURE LINCOLN VILLAGE YOUTH DEVELOPMENT AND REGIONAL JUVENILE DETENTION CENTER Physical and Mechanical Restraints ACA SOP NO: 324 "Lincoln Village Youth Development Center staff shall be @rmitted to use approved echanical restraints on_ youth who become aggressive a a also Be permitted to use approved mechanical restraints when transporting potentially aggressive youth or youth who pose a threat of escape. Physical and/o: mechanical restraints shall be used only_as a control measure and only mgr: all other.ammggappropriate to the Situation have been ruled out. Mechanical and/or payers; restraints are not intended jg, and shall be prohibited for use as, a means of discipline and punishnw? shall??wa??i??nm?T??f least amount of force ossible. Youth shall not be physically WEer necessary to regain control and return to normal program activities. The use of fixed restraints and the use of chemical agents shall be prohibited. Approved methods of restraint shall be sanctioned by DJJ as Aikido Control Techniques (ACT). The Training Branch shall be responsible fordeliyerin-g training to staff on an on-going basis. Use of mechanical restraints will be permitted to prevent the possibility of serious iniury to youth. staff and other youth, or to protect property. Chemical Agents -- an active substance. such as tear gas. used to deter activities that might cause personal injury or property damage. Chemical Restraint the use of pharmaceuticals to deter activities that might cause personal injury or property damage. Fixed Restraint the restraining of a youth to a bed with mechanical devices such as fleece-lined leather, canvas or soft rubber restraints. This technique is commonly referred to as or 5~point restraint.) Page '1 of 5 Pages STANDARD OPERATING PROCEDURE (SM-Physical and Mechanical Restraints Page 2 of 5 Pages Mechanical restraints - fleece-lined leather, canvas or soft rubber restraints; handcuffs; chains; anklets; or any other devices approved or authorized by the DJJ Deputy Commissionerof Operations or designee used to limit the movement of a youth's body. PROCEDURE: 1? Physicai Restraints: a) Lincoln Village Youth Development Center staff that is required to use physicai restraint shall be certi?ed in approved methods of restraint before being allowed to physically restrain a youth. b) The Superintendent/T raining Coordinator shall work with the Training Branch to ensure staff receive basic and ongoing training in approved methods of restraint c) When staff finds it necessary to restrain a youth, the event shail be documented on an incident report form. The report shat] be reviewed by the Superintendent for compliance with polioy'and procedure. d) If an injury occurs in the course of a restraint incident, it shall be fully documented. Prompt medical attention shail be required when injuries are serious enough to warrant anything other than ?rst aid. The Superintendent/designee shall conduct a thorough review of all incidents involving injury during restraint to determine if such incidents may be avoided in the future. e) Staff injured in an incident shall receive immediate examination and treatment. If the injury warrants more advanced medical intervention, staff shall proceed to the appropriate mediCai facility. Ail guidelines and procedures of Workers Compensation shall be followed. 2. Mechanical Restraints A. Before using mechanical restraint equipment, it shall be determined that no other alternatives are available which will control the youth, and at the same time, protect staff and other residents. Use of mechanical restraints shall be restricted to: STANDARD OPERATING PROCEDURE 324 - Physical and Mechanical Restraints Page 3 of5 Pages . Gaining control of out-of?control youths as a prevention against serious self-injury, injury to others. or property damage. ii. As a precaution against escape or assault during transport. . Prior to applying mechanical restraints, youth are to be advised that their negative behavior necessitates the use of these restraints. . if the issue necessitating the use of restraints is of a medical or nature (is. therapeutic restraint to prevent sel?- mutilation or self-abuse or to confine the youth's bodily movements) medical and mental health staff shall be notified and involved in decisions regarding intervention and treatment. The therapeutic restraint shall be accomplished by the use of ileece~iined leather, canvas or soft leather cuff or ankiets. . Staff are required to use mechanical restraints shall be certified by the Division of Staff Development in approved methods of restraint before being aliowed to apply the restraints upon a youth without assistance of another certified staff. The Superintendent shall work with the Division of Staff Development to ensure staff receives basic and ongoing training in approved methods of restraint. Reference 504. . The event shall be documented on an incident report form when staff ?nds it necessary to mechanically restrain a youth. The incident report shall be completed within the timefrarnes specified in 321 and tiled in the youth's individual Client Record. The specific mechanical restraint equipment used shall be noted in the incident report. The report shall be reviewed by the Superintendent for compliance with policy and procedure. . Youth being transported from Adair Youth Development Center shall always be transconed in mechanical restraints. The only exception shall be for youth being transported home or to a community?based placement for furlough upon release from the facility. An incident report will be completed for all transports involving the use of mechanical restraints. Each use of mechanical restraints will be documented in the mechanical restraint log. STANDARD OPERATING PROCEDURE 324 - Physical and Mechanical Restraints Page 4 of 5 Pages G. Minimum force shall be used in the appiication of mechanical i. J. restraints to reduce the possibility of injury to the youth and to the staff. Cuffs and leg shackles shall be double locked. Handcuffs, shackles or hard plastic straps used to subdue and/or transport a youth shall not be af?xed to a stationary object in any manner so as to constitute a fixed restraint. It also shall be inappropriate to restrain a youth in an unusual position face down? spread eagle, hot tied). . Youth shall not be held in mechanical restraints longer than the time absolutely necessary. in the situation where the mechanical restraints are for the management of violent behavior: When no change occurs within the ?rst 30 minutes! staff shall begin the evaluation of the youth for possible referral to appropriate resources. Restraints shall be removed when there is positive change in a youth?s behavior or attitude and it is believed that the youth can be controlled without them and it is safe to do so. if an injury occurs in the course of use of mechanical restraints; it shall be fully documented. Prompt medical attention shall be required when injuries are serious enough to warrant anything other than first aid. The Superintendent shall conduct a thorough review of ali incidents involving injury during restraint to determine if such incidents may be avoided in the future. Authorization forthe use of mechanical restraints may be granted by the Administrative Duty Officer. Superintendent or Regional Facilities Administrator. Mechanical Restraint Equipment inventory i. The availability, control, and use of mechanical restraint equipment shall be the responsibility of the Superintendent or designee, or the Regional Manager or designee. ii. Mechanical restraints shall be secured in a location that is accessible only by supervisory staff. Documentation shall be maintained in the form of inventory and use STANDARD OPERATING PROCEDURE 324~Physicai and Mechanicai Restraints Page 5 of 5 Pages log(s) to provide accountability for their whereabouts and use. The Superintendent or designee shaii review the mechanical restraint inventory and use records monthiy and ascertain that equipment listed is secured in the locations noted. iv. Reusable restraint equipment shall not be used on another person until it is properly cleaned and disinfected. v. An inventory of restraint equipment is to be maintained which notes: Number. type and location of handcuffs, leg shackles, etc. vi. A mechanical restraint incident log is to be maintained, which notes: a) Name of the staff authorizing the use of the restraint. b) Number and type (5) of restraint. 0) Location of restraint at time of issue. d) Name of youth receiving the restraint. e) Date and time restraint issued. i) Name of staff applying restraint. g) Purpose for which they were used how they were used, and on whom. h) Date and time of return. L. The use of 4 and 5-point restraints commonly known as "fixed restraints" is prohibited at Lincoln Village Youth Deveiopment Center (LWDC). 3. Chemical Agents The use of Chemical Agents and related security devices is prohibited at LWDC. 4. Chemical Restraints The use of Chemical Restraints is prohibited at LWDC. JUSTICE CABINET REFERENCES: 0a 505 KAR 1:140 mama JUSTICE POLICY AND PROCEDURES CHAPTER: Detention Services SUBJECT: Restraints POLICY NWBER: 713 TOTAL PAGES: 4 DATE ISSUED: July 15, 2005 APPROVAL: Bridget Skaggs Brown COWSIONER POLICY DH staff shaii be permitted to use approved methods of defense-oriented physical and mechanioai restraints on youth that become aggressive toward self, staff or peers. Use of mechanical restraints shali be permitted to prevent the possibility of serious injury to youth, staff and other youth, or to protect the property of the facility. The use of ?xed restraints is prohibited. The use of chemical agents is prohibited. The use of chemical restraints is prohibited. APPLICABILITY This policy shail apply to ali state-operated detention centers. DEFINITIONS A. ?Chemical Agent? means an active substance, such as tear gas, used to deter activities that mighz cause personal injury or property damage. 8. ?Chemical Restraint" means the use of pharmaceuticals to deter activities that might cause personal injury or property damage. C. ?Fixed Restraint? means the restraining of a youth to a bed with mechanical devices such as ?eece~lined leather, canvas or soft rubber restraints. This is commonly referred to as or 5~point restraints?. D. ?Mechanical Restraints? means ?eece-lined leather, canvas or soft rubber restraints, handcuffs, chains or anklets, or any other devices approved or authorized by the Of?ce of the Commissioner or designee used to safer and securely limit the movement of a youth?s body. PROCEDURES A. evei iUse of Force: Physical Restraint 25, sates, saeo AUTHORITY: KRS EFFECTIVE DATE: 02f03/06 POLICY NUMBER ISSUE DATE EFFECTIVE DATE PAGE NUMBER DJJ 713 07.115;th 02/93/06 2 01? 4 '1 In the management of aggressive youth, only those skills that are non? punitive in nature and are approved by the DH shall be used. shall be responsible for delivering training to program staff on an ongoing basis. Facility sta?' as designated by the Superintendent who are required to use physical restraint shall hold current DJJ certi?cation in approved methods of restraint before being allowed to restrain a youth without assistance of another certified staff. Physical restraint shall not be used as punishment and shall be applied with the least amount of force possible. The incident report documenting the use of physical management shall be completed within the timeframes Speci?ed in DJIPP 715 and ?led in the youth?s individual Client Record. The specific physical restraint technique(s) used shall be noted in the incident report. if an injury occurs in the course of a restraint, prompt medical attention to all injured parties shall be required. Injuries shall be fully documented on the incident Report andfor First Report of Injury (W CIA-1) Form. The Superintendent shall conduct a thorough review of all incidents involving injury during restraint to determine if such incidents may be avoided in the future. B. Level II Use of Force: Mechanical Restraints l. gs.) Mechanical restraint equipment is intended to be used only as a control measure and only when all other actions appropriate to the situation have been ruled out. it shall not be intended for, and shall be prohibited for use as, a means of discipline and punishment. Use of mechanical restraints shall be restricted to: a. Gaining control of out-of-control youths as a prevention against serious selfsinjury, injury to others, or property damage. As a precaution against escape or assault during transport. if paragraph one and two of this subsection authorize the use of mechanical restraints, handcuffs on the wrist, a restraining belt, or leg shackles that meet the requirement of Section 111.13 of this policy may be applied. Minimum force shall be used in their application to reduce the possibility of injury to the youth and to the staff. Cuffs and leg shackles shall be double locked. The use of any other type of mechanical restraint equipment shall require the prior approval of the Office of the Commissioner. POLICY NUNIBER DJJ 713 EFFECTIVE DATE 02/03/06 ISSUE DATE 07/15/05 3of4 . If the issue necessitating the use of restraints is of a medical or nature therapeutic restraint to prevent self-mutilation or self abuse or to con?ne the youth?s bodily moVements) medical and mental health staff shall be notified and involved in decisions regarding intervention. The therapeutic restraint shall be accomplished by the use of fleece-lined leather, canvas or soft leather cuffs or ankiets. . Youth Worker, Youth Worker Supervisor and other facility staff as designated by the Superintendent who are required to usc mechanical restraints shall hold current DJI certi?cation in the use of mechanical restraints before being allowed to apply the restraints on a youth without assistance of another certi?ed staff. . The control, and use of mechanical restraints shall be the responsibility of the Superintendent or designec. . The Assistant Superintendent or the Superhitendent may grant authorization for the use of mechanical restraints for the purpose of regaining controi. However, in an emergency situation the Youth Worker Supervisor may grant approval pending noti?cation of the Facility Superintendent. Staff applying the restraints shali justify that action in a detailed incident report. . Mechanical Restraint Inventory Documentation a. Mechanical restraints shall be maintained in a secure location that is accessibie only by supervisory staff and documentation maintained providing accountability for their whereabouts and use. b. An inventory of restraint equipment shall be maintained which notes: 1) Number and type of handcuff, leg shaeltles,_restraining beits; 2) Location of handcuffs, leg shackles, restraining belts. c. The Superintendent or designee shali review the mechanical restraint inventory records monthiy, ascertain that equipment listed is secured in the locations noted and that the restraint eqeipment is in proper working condition. d. A mechanical restraint incident log is to be maintained which notes: 1) Name of the staff authorizing the use of the restraint; 2) Number and type(s) of restraint equipment issued; 3) Date and time restraint equipment issued; 4) Name of the staff applying restraint; PAGE NUMBER POLICY NUMBER ISSUE DATE EFFECTIVE DATE PAGE NUMBER 1333 713 emsms Mina/06 4 0f 4 5) Date and time restraint equipment was returned. 8. The Superintendent or designee shall review the mechanical restraint incident log and corresponding reports f. Reusable restraint equipment shall not be used on another person until it is properly cleaned and disinfected. Commercial products shall be available for disinfecting. - V. MONITORING WCHANISM The Superintendent, Regional Facilities Administrator and the Ombudsman shall monitor compliance with this policy. 60 0E Supervismy Confere ces C8 395 Nor mm aw Actions Date: 1011 L631MAJOR CORRECTIVE cggm? Employee DJJ Troing Assigned Fae?iiy/Of?cezLincoio Village YDIRJDC REQUEST LETTER SIGNED OR INITIALED BY MANAGEMENT-LETTER MUST INCLUDE THE FOLLOWING SECTIONS: (REQUIRED FOR ALL REQUESTS) PERSONNEL WORMATION: A- (E) Employee?s Name, SSN. DOB, and job title Employee?s status (permanent. probationary. etc.) Employee's Work Location B. (E) (IF IN DETAE moms, DATES, TIME ANDLOCATIONS: - What did the employee do that was wrong and why was it wrong? Speci?c facts relating to the current problem (Who, What. Where, When and How) Dates and time of occurrences Name of employee reporting problem Names and Job titles of witnesses Names of Youth involved C. (E) A LIST OF All. DJJ POLICIES 0R PROCEDURES THAT WERE VIOLATED AND WHY: (INCLUDE POLICY NUMBER AND STATEMENTS: (REQUIRED IF APPLICABLE - EMIPLOYEE STATENENT REQUIRED FOR ALL CASES) A. @Wimesses B. (EITVIeiims C. (Emmpioyee for whom discipline is being requested (See Interview in 0011768-06) D. other person with knowledge of incident COPIES OF ALL INCEENT REPORTS 0R INVESTIGATIONS CONCERNING THE INCIDENT: IF APPLICABLE) I A. (E?ncident Reports B. (E?i?iee of Investigations Investigation (Director will include copy of 001 1763-06) C. (EDOmbodsmai-I Report D. (EDQoality Assurance Report ADDITIONAL SUPPORTING EVIDENCE SUCH AS: (REQUIRED IF APPLICABLE) A. (El)ka products (Shi? Reports) B. (DCompoier ?ies, E-Moil C. (EDCase ?le audits E. (DJLeavdmertime request forms F. (D)Timesheets during period in question G. )Yearly timecard H. )Medieal/Physicinn's statements I. or Call-in logs? Date: 15' Soonon a Con?rmed 1-011 Woeaw? Major CorrectiVe Action Clxecldist forRegineld Windham October 11, 2086 9ege 2 - VII. Note: om (D) 3. ([jwehicle zogs K. (D)Writtee instruments by or to alleged perpetrator L. (D)Photogrephs of injury, damage, or questionable items M. (D}Contraband a COPIES OF FACILITYIOFFICE PROCEDURES THAT WERE (REQUIRED FOR ALL REQUESTS HIGHLIGHT APPLICABLE SECTION) COPIES OF ALL DJJ POLICIES THAT WERE VIOLATED. (REQUEIED FOR ALL REQUESTS HIGHLIGHT APPLICABLE EVEENCE OF PREVIOUS CORRECTIVE ACTION. (REQUIRED FOR ALL REQSTS) A. Copies of supervisory conferences B. Copies of verbal or written reprimands C. (EbCopies of prior disciplinary actions D. (D)Corrective action plans E. (D)Responses from employees ANY ADDITIONAL DOCUMENTS 0R EVIDENCE CONCERNING THIS INCIDENT: (REQUIRED IF APPLICABLE). Items with an must be included for all time and attendance issues. Items with an must be included for all abuse or neglect situations. ll*0b i" Date Signature I have reviewe?gthe file and found it to be complete. Branch Manager/FM Date Division Director Date Deputy Commissioner Date I Om, dew-J CWTH or Kemm . Deenarusn?r or: JUVEMLE Jusncs JKY42701 . Prone: (are) 756-5230 Fax (are) res-52:55 . - Bhooeeroesam Severance emanates 0 re TO: Bridget Sicaggs Brown, Commissioner FROM: Kendall Williams, Interim Superintendent Ill, Lincoln Village DATE: October 1?1. 2006 SUBJECT: Request for Meier Corrective Action for Reginald Mnd'iam. YW ii A. Employee?s Personnel infonnaiion Employee's SSN: Employee's DOB: Employee's Job Title: Youth Worker ii Empioyee's Status: uiitime. Permanent Employee?s Work Location: Lincoln Village Youth Deveiopment 8. Regional Juvenile Detention Center B. Resident?repented to investigator that on he had Just returned from court and was being processed in intake. Mr. Windham shoes on his pants. ?stai'ed his shoes were dirty due to the cell being dirty. asked Mr. Windham to move the shoes from his penis and Mr. Windham got upset and started yelling. Mr. Windham bumped -: sited Mr. Windham to get out of his face. Mr. Windmm then picked him face first onto the floor. taied two residents were looking out of their windows in the intake area. These residents were Ca?er stated Ms. Prince was also present. interview with Mr. W1 ham resulted ?n him tailing inves star that he was called to intake to pat two residents that had ed from court. He said condoned to move and talk without permission and he stated was non?compliant with rules. ?t old Mr. Wmdham not to wash his clothes. Mr. Windham redirected?severe times regarding moving his hands and shaking his head. Mr. Windham stated -kept removing his hands from behind his back. As he was totian to he said _rnoved one of his hands from behind his back and he then restrained - using Control 1. Ms. Prince salad for staff assistance: Mr, Windham stated _coniinued to curse white on the ?oor. He also stated that Ms. Prince was in the area and witnessed the restraint investigator W. Wright asked Mr. Windham if his incident Report was accurate and he replied. 'Yes sir.? investigator tthen played the video of the restraint for Mr. thham and asked Mr. Windham to show where I oved either of his hands. Mr. Wright replayed the video saverai times and noted to Mr. Windham were still behind his back. Mr. Windham stated he thought that ?had moved, was cursing and being de?ant._ but said The allegation that Mr.'WIndhem used inappropriate or excessive force against resident _wes concluded as founded. in addition. Ms. Krysiai Bailey messed resident - telling Mr. Windham that he was breaking his arm. Mr. Windham made the comment. ?Maybe i Mr. Windham's comment constitutes a verbal threat to - Based on the video reviewed. _did not move either of his hands in a threatening manner. The video depicts Mr. Windham talking forcibiy to When mcwes his head away from Mr. Windham. Mr. Windham grabs him and forcibly takes Kenm?rgfk WW . An EQUAL OPPORTUNITY (1. any Action re: Reginald . . ?oors as 2 of: beta slammed did not the floor. The video cal-here does not display the total restraint nor does it show on his head. Interview statements from Ms. Karen Prince and 2 move prior to the restraint taking place. A memo of concern was issued from Investigator ht to Staff Assistant Tom Glisdorf regarding Mr. Windham 'dent Recon on resident dated QIOBIGG by writing, 'l Mr. Windham and he dropped his hands and step toward me.? As stated. the video shows id not step towards Mr. Windham or more either of his hands. . C. DJJ Folios.r andtor Facility Of?ce Procedure Violations The following policies were violated by Mr. Reginald Windham: DJJ PP 102 Employee Code of Ethics, (A) Staff shall respect and protect the civil and legal rights of all youth in the care or custody of the Department; and IV (E) Staff shall serve each youth with appropriate concern for their welfare. DJJ PP 1044 Employee Code of Conduct, (B), (F). (M). (N). (O), and IV (P) - See attached . policy fordeialls. DJJ PP 208 Youth Rights, lv. 3: Youth shall be treated in a humane manner and shall have the right to be . protected from exploitation. neglect. physical. sexual, and emotional abuse. This shall include corporal punishment, intentional injury. use of intimidation. threatening. or abuse language toward the youth. either verbally. in writing, or by gesture. Any suspected abuse or neglect 01? youth shall be reported in accordance with KRS 820.030 {Reference 140 or 731]. It Is requested that Mr. Reginald Windham raceive signi?cant disciplinary action, up to and including dismissal. due to the nature of these infractions. cc: ?le Enmt Emma Add mm mm WFID . Farm Misc-511mm Cay-?rm? 1 Commonwealth ofEentuchy Department of Juvenile Justice Admininva 3m? SUPERVISORY CONFERENCE FacilityiOf?ce: Lincoln YDC 2' RIDC Region: CENTRAL Employee?s Name: _R_e?ioald Wmdham Employee?s SSN: Date of Conference: Igloo Date of Last Conference(s): MIA Issue: Time Attendance Poor Work Performance Misconduct Other (Specify): Medication Error Has the employee received a supervisory conference for a similar violetion(a)? Yes No If yes, attach a copy of the prior supervisory conference. Speci?cs ofIncident: Sta?? failed to Sign MAR to verify if youth received or did not receive medications at the appropriate times happened: A?erreceiving an c-ma? from the Charge Nurse that the MAR had not been initialed on several residenls Mr. ?Williams was contacted and the MARE were investigated to discover that initials were missing from sta??. When did this occur: Date: March 06 'I'ime: Be When did it happen: 1 Form I03 SC Supervlsory Conference I Who was involved: Who witnessed the incident: Supporting Documentation: (Attach any of the following documents): Timesheets Log Reports Incident Reports Witness Statements Copies of all Speci?c Policies end/or violated: 407, Health Services 8.0.13. 1302, Health Service Protocol Manual Chapter Administration of Medications Subsections GB 6E. Other Written Evidence: Copies of the MAR Recommended Corrective Action: (List speci?c steps the employee needs to accomplish in order to improve their performance or behavior): Youth Worker will receive remedial training on passing of medications with Medical staff present and follow and Policies and Procedmes. Target Date for Improvement: (Specify Date) Other Issues Discussed: (Items separate from the Incident) Employee Response. car/CF fee egg, Few/e Kama? 26 Employee Signature: Date: Supervisor Signature: Wiggly/5% Date: f/IJ/oi- Form Review Octeber 2004 2 JUSTICE AND PUBLIC CABINET 125 Hotmes Street Steven L. Beshear Frankfort, Kentucky 40601 J. Michael Brown Governor (502} 564-7554 Secretary Fax No. {502) 5644840 T0: Ron Haws Department of Juvenile Justice FROM: Abidah S. Bryant, Administrative Specialist 1 Of?ce oflnvestigations DATE: June 1, 2010 SUBJECT: Of?ce of Investigations Completed investigative Report Attached for your review is a completed investigation regarding: Investigation Name Facility 2213-10 Lincoln Village YDC The investigative ?nding is SUBSTANTIATED. Please notify my of?ce of any personnel action or other action that is taken as the result of this investigation. This report is being forwarded to your agency for your review and any action that may be deemed appropriate by your agency. Please notify the alleged ott?cnder. victim and reporting source of the ?nding in this investigation. Attachment cc: Legal Staff 3% com - An Equal Opportunity Employer lalx'Ft?D umnmocso - Justice and Public Safety Cabinet Of?ce of Investigations Case Report #221340 Investigation Number: 2213-10 DatefTime Received: 12:56 pm Investigator: Walter Wright Dateffime Incident Occurred: 04/27120l0 5:00 pm. Method Report Received: Hotline call by M5. Kristie Stutler Attached is the report of the investigation of the special incident Staffuses inappropriate or exceasitre force that could result in an in'Lurvt (Type of allegation) Regarding: Resident at: Lincoln Village Youth Development Center (Facility) The allegation(s) are: SUBSTANTIATED - means that an incident occurred. 1) Copy to Commissioner. Dept. oFJuvenile Justice D5 2 (date) 2) Noti?cation ofthc finding to CFC (date) Mr. Reggie Windham Offender Criminal history and history of prior reportslallegations on the offender . OFFENDER QUERY i - REPORT [weer TYPE FINDINGS Lincoin Physical Wndham. Founded Village Reggie If this report contains any reference to a poiygroph examination. that portion ofthc report cannot be copied for distribution. 002-! (MM) 9) Justice and Public Safety Cabinet Of?ce of Investigations Case Report# 2213-10 Ms. Called to that on 4i2W10, Mr, Reggie Windham, was involved in a restraint with if Ms. Stutler stated that Mr. Windham wrote in his report that secure ?3514 pulled her into the coil due to her resisting staff. Ms. Snider stated according"to""the debrie?ng conducted bv Jeff Wilson, ?Mr. Windham lost control of'youth and then dragged resident 5: nto the isolation room by her foot/leg" Mr. Jeffrey Wilson, SSWZ, witnessed this Chronolomof the Investigation: USIOSIIU - Ms. Stutier stated that Ms. Grady, Assistant Superintendent, went to View the incident on meta, but from the camera angle, nothing inappropriate could be seen. Note: There is no video. - - - 05f04i10 - This case was assigned to W. Wright by Barney Kinman. OOI Supervisor. 05mm - w. Wright traveled to LWDC to conduct interviews. 05107! 10 - W. Wright traveled to LWDC to interview Mr. Windham. If this report contains any reference to a polygraph examination, that portion of the report cannot be copied for distribution. GUI-4 I C, or. . Justice and Public Safety Cabinet Of?ce of Investigations Case Report 2213-10 Interview Report alleged victim, resident as een ouse at for 1 month. The interview was conducted by W. Wright in the visitation room on 05/10 at I in Eiizabethtown, KY at an be reached it; upon her release ?om The following is a brief synopsis of this interview. For complete details, please refer to the digital recording. stated while she was on room restriction on her pod, she threw her food tray against the well (no explanation why she did this). Staff came and escorted her to intake. intake, Mr. Wilson asked her for her pictures of her niece and nephew, but refused to give them to him. vere still talking, Mr. Windham came over and told her to get into her cell. tated she told Mr. Windham that she still needed to speak with Mr. Wilson. Mr. Windham then grabbed her right arm stated when he grabbed her arm; shejerked away From him and lost her balance an to the ?oor. tated that Mr. Windham then dragged heri by either one or two of her feet. ould not Speci?cally rememberl during this time, Mr. Vi tlson was standing at the intake door, and Ms. ea was standing near the intake counter. Once in 'de of the cell, she stood up, and Mr. Windham pushed her down onto the bed. tated that she then started kicking at Mr. Windham. Additional staff then arrived to assist Mr. Windham with restraining her. -stated that Mr. Windham then took her down to the floor. _stated while she was on the floor, she purposefully hit her head on the floor. Someone then placed a sweater between her head and the floor to prevent her from hurting hersel t1 This investigator aske the staff workers were trying to hurt her on purpose during the res tated no. tated she did not have any marks or bruises 11 fl a few days after the restraint. tated that she now has a bruise on each leg. lso stated that she has a small knot on her forehead from purposefully hitting her head on the floor. This investigator to take pictures of her legs and send to 00! (see attached photographs). tated that Mr. Wilson witnessed the whole incident because he was standing not I If this report contains any reference to a polygraph ennui-ration. that portion of the report cannot be copied for distribution. GUI-4 (Moi/391 C- Justice and Public Safety Cabinet Of?ce of Investigations Case Report it 2213-10 Interview Report II Ms. Rhonda MeNeal a Youth Worker 11 Staff Witness. Ms. McNeal has been employed w1th [or 3 years and can be reached at - The inten'iew was conducted by W. Wright in the conference room on 04/05/10 at in Elizabethtown. KY at 1:58 p.111. The following is a brief synopsis of this interview. For complete details, please refer to the digital recording. Ms. Mchal said she vaguely recalled the incident. Ms. McNeal stated while she was on intake processing a female resident (name unknown Mr. Wilson and Mr. Windham were trying to get pictures from ?as refusing to give her photographs to Mr. Wilson and Mr. Windham. Ms. hichal stated that Mr. Windham walked overt . grabbed her arm. Ms. McNeal could not recall which arm he grabbed. 5 started struggling and dropped down to the floor. Ms. McNea] stated she believed that Mr. Windham then placed?n a Control?l and escorted her into the cell. . - - Ms. Neal followed Mr. Windham and ate the cell to assist Mr? Windham. Ms. McNeal stated she recalled Mr. Kennington securing?legs. Ms. Mchal recline .. . . ntentionallv hittin her head on the floor. Ms. MeNeal stated she placed a sweatshirt between dad and the floor to prevent her from continuing to hit her head. Once 1 ad calmed down, she was placed onto her bed. While sitting on her bed, leaned her head back and tried to hit her head against the wall. Ms. McNeal stated she placed her hand behind?head to from hitting her head against the wall. Ms. MCNeal stated she started talking to calm her down. Ms. McNeal stated once-had calmed down a little. she left, and Mr. Wilson stayed behind to continue to speak with her Ms. McNeal did not recall seeing any staff not inappropriater towards If this report contains any reference to a polygraph examination. that portion ol'thc report cannot be copied for distribution. 00H fat/2&9? Justice and Public Safety Cabinet Of?ce of Investigations Case Report 2213-10 Interview Report 0 Mr. Jeffrev Wilson Social Service Worker II - Staff 'lson has been employed with for 5 years and can be reached The interview was conducted by W. Wright in the conference room on 05/04! 10 at in Elizabethtown, KY at 2:23 pm. The following is a brief synopsis of this interview. For complete details, please refer to the digital recording. Mr. Wilson state came upset when she was not allowed to call her DJ Worker. had said. ?This is bullshit!" and received room restrictions for cursing. While on room restriction, -threw food all over her room and started kicking her door. ins then upgraded to isolation. dham was called to assist Mr. Wilson. Mr. Windham and Mr. Wilson walked intake Once on intake,_refused to step inside of her cell. Accordi to Mr. vas standing about 5 to 6 feet outside of her cell. Mr. Wilson stated was asked several times by him and Mr. Windham to step into her cell, but she refused to com Mr. Wilson stated that Mr. Windham and Ms. McNeal Mr. Windham then grabbed her left arm Windham then grabbed her right that ii Wiison stated that Ms. Mcle was standi th oed. Mr. Windham then release went to the floor (on her own]. Mr. into the center of her cell. Mr. Mr. Windham and-when nd started to walk out of her cell. grabbed hold to one of her arms and guided her back to her bed. 5} him in the groin area and started to run out of her cell again. Mr. Wilson stated he was standing in the cell doorway when attempted to run out of her cell. Mr. Wilson stated he placed his hands against her shoulders so that she could not leave the cell. Mr. Windham then secured her left arm. and Mr. Wilson secured the right arm, and they then too to the floor. While on the floor, I *ept attempting to bang her head on the ?oor. Mr. Wilson stated that Ms. MeNeal had someone to get a piece of clothing to prevent -ron1 hittin head on the floor. Once - ad calm down, she was placed on her bed. then hit her head against the we once, in ft ing verbally redirected by Mr. Wilson, she did not hit her head again hen apologized for her behavior, including kicking Mr. Windham. her W. Wright asked Mr. Wilson if Mr. Kennington was involved in the restraint. If this report contains any reference to examination. that portion ofthe report cannot be copied for distribution. 00M (mm) Justice and Public Safety Cabinet Office of Investigations Case Report 2213-10 Interview Report Mr. Wilson (continued): Mr; Wilson stated he did not recall Mr. Kennington {ouchng but ifhe did, it was only briefly. Mr. Wilson stated he only recalled Mr. Windham, Ms. McNeal, and himself involved in the restraint Mr. Wilsan siated the fallawing day; he mate what Mr? Windham had dam in the critical incident debrie?ng summary. Mr. Wilson stated he also he went to Ms. (Er-adv Assistant Superintendent, t9 inform her of Mr. Windham?s aciicms by her foot Mr Wilscn stated that he: did not feel that Mr. Windham was atiampting to harm vhen he dragged her into the cell, bu: his technique was n01 an appmved technique. If this [apart contains any re {create :0 a polygraph examination, that particm of the raport cannot be capied far distributiun. 003-4 (362M) t; C. Justice and Public Safety Cabinet Of?ce of Investigations Case Report 2213?10 Interview Report 1' Mr. Robert Kennington Youth Worker 11 - Staff Witness. Mr. Kennin to has been employed with for 1 years and can be reached at The interview was conducted by W. Wright in the conference room on 05/041'10 at in Elizabethme KY at 3:02 pm. The following is a brief synapsis of this interview. For complete details, please refer to the digital recording. Mr. Kennington stated that he was on Fed #500 when he received a call from Mr. Adkins who was working in Control, stating that there was a restraint occurring in Intake and that he needed to go and assist staff. Mr. Ke when he arrived in the intake cell, he obsewed Mr. Windham seeurin eet. Mr. Wilson had her right arm secured in a T-stance, and Ms. MoNeal ha arm secured. Mr Kennington stated he relieved Mr. Windham with securing her feeL Mr. Kennington stated th Mr. Wilson and Ms. McNeal started calmly talkingt and she calmed down. stat?t? released her. Mr. Remington stated that it did not appear that anyone was trying to cause harm If this report contains any reference to a polygraph examination. that portion of the report cannot be copied for distribution. 0014 (mm) Justice and Public Safety Cabinet Of?ce of Investigations Case Report 2213-10 Interview Report I Mr. Michael Adkins - Youth Worker 11 - Staff Witness. Mr. Adkins has been employed With DJJ for 5 years and can bereached at The interview was conducted by W. Wright in the conference room on 05fD4/10 at in Elizabethtown, KY at 3:19 pm. The following is a brief synopsis of this interview. For complete details, please refer to the digital recording. Mr. Adkins'SIated that he Was workin in Control when the incident occurred. Mr. Adkins recalled seeing residen?aein escorted into intake. Once in intake. he recalled 568i nt_ standing outside of cell #423 pointing her ?nger at Mr. Windham who was standing by thei ta ter. Mr. Adkins stated that Ms. McNeal and Mr. Wilson were standing near stated that it appeared that Mr. Wilson and Ms. McNeal were mononing for to step inside of her cell but she was refusing to do so. Mr. Adkins stated that he then called Mr. Richardson and Mr. Kennington and requested for them to go to intake'to?assist'sta? with?Mr. Adkins stated while they were on their we to intake, he looked up at his monitor and saw Mr. Windham walking over to?who was still st d' ide of her cell. Mr. Adkins stated that Mr. a Control?! and then escorted her to her cell. Mr. Wilson and Ms. McNeal then went into the cell to assist Mr. Windham. Mr. Adkins stated he did not know what happened after this because he had to switch the camera over to let staff enter the intake-area. Mr. Adkins was asked if he witnessed Mr. Windham grab Adkins stated that he only saw Mr. Windham grab hold to one of [pessiny the let?: arm) and swing her into the cell. car. He rated no. If this report contains any reference to a polygraph examination. that portion of the report cannot be copied for distribution. OCH-4 I Justice and Public Safety Cabinet Of?ce of lnvestiga tions Case Report 2213-10 Interview Report I Mr. Renate Windham . outh Worker Supervisor Alleged Offender. dh has been employed with for 5 years and can he reached 3. The interview was conducted by W. Wright in the conference room on 05/07/10 at LWDC in Elizabethtown. KY at 11:18 am. The following is a brief synopsis of this interview. For complete details. please refer to the digital recording. Mr. Windham started this interview by saying that the restraint wit 'as one ot'the worst restraints that he had ever participated in. He Further state a he situation could have been handled a little bit better (no explanation given). Mr. Windham Stated that resident?was being very disrespectful and disruptive on her pod so she was taken to intake. Once in intake, she TCFLISBCI to go into her cell. Mr. Windham stated that both he and Mr. Wilson verbally directed her to step into her cell several times but she re?ned and continued to talk back to them. Mr. Windham stated that he walked overt to go into her cell. Mr. Windham stated that he had no intention to restrain She refused again so 'erked away from Mr. Windham and made herself fall down to the floor. on the noon-started kicking at him. Mr. Wi asked if- ctually kicked him. am could not recall iclted him. Mr. Windham stated he grabbed act by instinct to at her into the cell. Mr. Windham did not recall ifhc gm feet. Mr. Windham stated that other staff should have assisted him when she attempted to jerk away from him. Mr. Windha Mr. Wilson and Ms. Mchal then followed him and into her cell. tried to selfharm herself by hittin her head on the floor. Mr. Windham stated Ms. McNeai placed a sweatshirt uncle from continuing to hit her head. Mr. Windham stated head against the well while sitting on the bed. Afte placed on her bed and started talking to Mr. Wilson. Mr. Windham stated if he could do it over, he would have "?eoordinated?I with Ms. McNeal and Mr. Wilson prior to restraining.? Mr. Windham made no comments regarding pushi her interview. own as she alleged in It? this report contains any reference to a polygraph examination, that portion of the report cannot be copied for distribution. (mm teases; L. Justice and Public Safety Cabinet Of?ce of Investigations Case Report 2213?10 Findings: Based on the information obtained. review of records and Mr. Windham?s own admission, the following is reoo'rinnended in relation to the allegation: SUBSTANTIATED. Oh 05/O3liU, Ms. Stu?er, Superintendent, called tort that on 4/2771 0. Mr. Reggie Windham, was involved iina restraint on rcsiden 521' and wrote in his I that he scour feet and pulled her into the cell due to her resisting staff. tated when she was refusing to step into her i Intake cellrM?' Windham came .over and grabbed her right amL-stated'whm he" "bEEd-?liEFairm; she jerked away from him and lost her balance and fell to the floor: stated that Mr. Windham-then dragged her into one or two of her tit-Er. Ghee inside of the cells-she stood up, and Windham pushed her down onto the bed; stated that she then started Itng at Mr. Windham. Additional staff then arrived to assast Mr. Windham with reshaining her. -tated during the rcshaint, she pm'pose?illy hit her head on the floor. stated that Mr. Windham walked ovcrio and yobbedhegamt. toned struggling and dropped down to the ?oor. Ms. McNeal stated she believed that Mr. Windham then in a Control?l and escorted her into the cell. Ms. McNeal recalled anteohonallyihitting her head on the floor. Mr. Wilson stated while on intake?refused to step inside of her cell. Mr. Windham then grabbed her left arm. and she went on her own to the floor: Mtg-Windham then grabbed her ?ght. foo: anddraaged her intothe. assist Other agit- Mr. Wilson stated during the restraint. Mr. Windham secured her left arm, and he secured the 'ght arm. They then too down to the floor. While on the ?oor *ept attempting to bang her head on the ?oor. Mr. Wilson stated that Ms. McNeaJ had someone to get a piece of clothing to preven-rom hitting her head on the ?oor. Mr. Wilson stated the following day he wrote what Mr. Windham had done in the critical incident debrie?ng summarise Mr. Wilson stated he also he went to Ms. Gradv, Assistant Superintendent, to inform her of Mr. Windham?s actions of draggin by her foot. Mr. Wilson stated that he did not feel that Mr. Windham was attempting to harm when be dragged her into the cell. but his technique was not an approved techrt on stated when he arrived in the intake cell, he observed. Mr. Windham .. if Mr. Wilson had her right arm secured in a T-stance. and Ms. McNeal had her left arm secured. Mr Ketmington stated he relieved Mr. Windham with securing her feet. Mr. Keanin if this report contains any rcfemnce to a polygraph examination. that portion of the report cannot be copied for distribution. Justice and Public Safety Cabinet Of?ce of Investigations Case Report 2213-10 Findings (continued): Mr. Adkins stated that he was working in Control when the incident occurred. Mr. Adkins recolled seeing Mr. Windham walking over tc_ who was standing outside of her cell. Mr. Adkins stated that Mr. Windham appeared to plate-1:1 a Control-i and then escorted her to her cell. Mr. Wilson and Ms. Mchal then went into the cell to assist Mr. Windham Mr. Adkins stated he did not know what happened after this because he had to switch the more over to let staff enter the intake area. . Mr. Windham stated that e?ised to 0 into her cell while on intake. Mr. stated that he a. over to told her to go into her cell. - c?iscd anainso-he then grabbed her by her dghtann and was going to lead her into her celL ?erked away ??orn him and made herself fall down to the floor. Wh'l the oor. tarted kicking at him. Mr. Windham stated he grabbed feel by instinct to get her into the cells Windham stated if he could do it over, he would have "coordinated" with Ms. MhNeal and Mr. Wilson prior to restraining The Substantiated ?nding in this investigation is based on Mr. Windhams? own admission, staff and resident witness?s interviews. Mr. Windham admitted to draggin into her cell during the day in quotation, The investigation determined at the time of the incident, - 'as refusing staff instructions and when Mr. Windham made his initial contact with her, she fell to the floor. Once she was on the floor, she began kicking at Mr. Windham. Mr. Windham admits, and he documents in his incident report, be dragged her by her feet into the cell. The distance that she was dragged was less than 10 feet. Mr. Windham stated he grabbed her feet by instinct and stated ifeoold do this over again, he would have "coordinated" his actions better with the existing staff. if this report contains any reference to a polygraph examination that portion of the report camel be copied for distribution WI-J (sea/a 9} (I CC Justice and Public Safety Cabinet Of?ce of Investigations Case Report 2213-10 Signature: Date: 5?20 5? Of?ce of Investigations Ingesti'gator The affixed signatures below verify this report has been reviewed and submitted to the Office of Legal Services for the Justice and Public Safety Cabinet. Signature: 6 Date: 5-9070 Of?ce of Investiga 4 rs Exe' tive ft?Advisor J?tgg/jm Signature: Date: 526 0 Office of I Director The af?xed signature below veri?es review of the case Report and agreement with its ?nding(s). The Report will be forwarded to the requesting agency for whatever actio deemed necessary. Signature: (@C?kLow Date: (SHE/tie {militia Attorney, Office of Legal Services if this report contains any reference to a polygraph examination, that portion of {he report cannot be copied for distribution. (JOE-J (f t. Justice and Public Safety Cabinet Of?ce of Investigations Case Report 2213-10 Interview List: alleged victim Ms. Rhonda McNeal - staff witness Mr. Jef?'ey Wilson - staff witness Mr. Robert Kennington - staff witness Mr. Michael Adkins - staff witness Mr. Reggie Windham - alleged offender Attachments/Information Reviewed I I Copy of the isolation/Incident Report Form dated Copy of' Critical Incident Debrie?ng Summary dated 04328,!10. Copy of Resident?s Written Response to Critical Incident Report dated 04i27f 0. Copy of Mr. Remington?s addendum dated 0427(10. Copy of email retarding from Ms. Stutler to W. Wright regarding Mr. Windham Photographs of the intake area and cell #423. CD containing the interviews conducted. If this report contains any reference to a polygraph examination, that portion of the report cmmol be copied for distribution- GUI-I (3,2610?) Copy of the Eso?a?on?nc?dent eport Form dated 04/27/10 ?kn m. 2M OF Isalation I Incident Report Farm enter facility name Ynuth First Name: Youth last Name Gender . a Bate of incl-Jeni: 412712010 Tame of Incident. ?c?hrs. Youth Sta Division: (tantra? Hogarth/Of?ce: mmva initiating Employee: Mr. other Staff Inwimd: Mg, Wise M5. Mc?eaLMr?ennington 1. Check All Events That Appiy: Posses?oa of Contraband {382th of Reskient Dmajor O?anse Dasault by Yamh an Youth Wary thska! Use of isolation DM?Uitb'f ?mmh an Staff [3383831 Manna Mechankai aestra?nt Clams: Major Megan? ?mmamn A Sukide Attempt UTherapeutic Restsaint Other Expiain: isolatian 2. Describe the incident in detail with the information belnw; a) Speci?c place, intaka #423 b) ma?a: behaviors and ac?ens prim to the incident incinda the speci?cs of the incident On 4:2?12010, a! apprci 3 1?00hr. LMI, RWEndham was informed by Ms. Richams that resident was dismp?ng the pad by hitting on the deer with her shcwer shceye?ing out cursing at staff. her fond ail over the Hood, Mr. Wmdham enter pad 400 and asiced res-men What was her prcbiem? feskiant Fa? .. .. ontinned cursing at staffMa Windham W93, Zak} her ta exit her cell and waik 1:3 intake. Wh?e beE-ng assorted by Mr. W21de mm, Mr. W?ikon SSWIIMsJeffemon and McNeas W1, She continued a: curs and talk digespec?ui in sfaff?nce arriviag In intake maiden refused to enter sesame. after being ask saverai times by 93 staff prawn 9 en. She refused and continue to argue with ataff. at this ?rm, Mr. Windham secured her 18?: arm and parsiey re!aased it. testdent resist and failed to the ?ner -- .1 own, anmdiham secured hat teat and puiied her in the ma {lemped in Kick Mr. Windham YW33 Whiia bang puiled. . uth sight am In mm. Mw?ndham secured yauth right arm maiden it? trying {a purpcsely mime barge? by h??ng her haad 0n the ?oor. Ms. Moweal YWII, secured yeufh head 1min cairn down. MLWindham raieased {?ght arm in Ms. Mc?ea?i in Mr. Windham WWII, got a sweatshir! 10 lay her head on white an the ?oor. maiden appeared to be calm. Mr. \N?ndham and Wimn assisted youth of! the ?oor to - -- ther head on the Wait trying {0 Iajure hsmalf again. youm was assisted off the mu 3 Mr. Wilson and W?ison SSWII secured her i-efl arm using Mr. Windham YWI5L unlit aim down and comp?ed with staff direclkmOther you-1h involved 6f appi?cabia): 3. If restralnt was used: 3) Which tenhniques Were used? more techniques axe listed from least restrictive in most lame} Alkido Contra! Raining Therapeutic Restrainti Mechanical Restraints: (2mm)! 1 erecejcamas ?ned cuffs DRand cuffs [j Fiaecafcanvas lined ankleis Emanuel 2 Foam Helmet Cid-taint; isotatien incident Rapor?t Form mMGL-waww Dapartment of Iuveniie Mstice ray. 3. 2M - ?0.5734 P. 3 DEPARTMENT OF JUVENILE JUSTICE Isolation I incident Report Form 4. Were there injuries as a man of are heldent? on a) List mamas of mos: injured and extent of blurles and complete body checklist. Page 1 oil b) If plumes were taken, explain by whom and where the pictures are being kept. 5. We: placement In intenslve supervision used? [3 Yes No 6. Was placement in Isolation used [for residentlal progrenuldetentlon centers only)? Yes No a} ll Isolation over 4 hours, Isolation was authorized by: b} Data In: 4127(2010 Timeln, 1100 Date Out Time Out: ann- 7. Has an Inelcient similar to this occurred previously? Yes No If yes, please note previous inatdents as app?cahle: 1 a. Staff Making nepan: 7 [/75 Clo-lemme 9. upemisorSignaturelComments: sigmture Daiamme Cements: Youth Signature L1 "'27 frat) Datemmo Tre atment Director at applcaiale) signal?! Dale-Who Program Director] Superintendent 519mm an'l'rno Isolation I Incident Report Form Department of Juvenile Justice 3. new 5734 4 ADDENDUM TO ISOLA INOIOENT REGARDING: 523 DATE OF INCIDENT: $330 TIME OF INCIDENT: {7:70 WITNESS COMMENT I WW ?w .W 4' Weds: (j jig/WI, l?v? 4W- nm* gang?s?! ?aw! 4W ea 735W, MWg/m? 2.4! (21. 624/194.? JWW I NAME OF PERSON MAKING 0F PERSON MAKING REPORT: 5 OATE FORM COMPLEFED: Vii/{0 REPORT ADDENDUM May. 3. 2010 No.5?34 P. 521; NMGiandah Road KY 42m amass-5250 ave-765.5235 Tg'wamr I wn'g?mx from: . Fm Pages: . Plumm? I Ru: . . cc: Lil-aunt El For Ravluw Pl?asa [3 Please Reply [3 Pleas: Recycle :Dnb yo? MLuSko/? I Comments: Mar. 3, 20?) DEPARTMENT OF JUVENILE JUSTICE CENTRAL REGION CRITICAL INCIDENT DEBRIEFING SUMMARY Debrle?ng meetings should occur following all cdtical incidents before the end of the shift. All staff involved in the incident, along with the on~site ADO, should participate in the debrie?ng. it is the responsibility oi the highesbranking supervisor on shift when the incident occurred to facilitate the debrie?ng and complete this summary. This summary. along with a copy of the critical incldent report packet. should be forwarded to the Division Director within 48 hours of the occurrence of the incident. Date and me of Debrle?ng Meeting: 4r27rzoio 6:00 pm. and 4:23:10 4:00 pm. Resident Name: Date and Time oflncident Being Debriefad: 412712010 5:00 pm. AWOLIAWOL Attempt pe of incident (select all that apply): Youth on Youth Assault Youth on Stair? Assault Sexual Assault El Major Property DesIrUction (over 53300) Major Injury (reqdiring medical treatment beyond standard first aid} Restraint (all beyond Basic Escort) El Possession of Contraband Drugs, Weapons. lemmables, or- othcr potehtially dangerous materials) Suicide Attempt Death of a resident . Medication Error (or other incident meeting the criteria outlined in DJJ Policy 715) Other: Restraint and isolation placement. 2. List staff attending the debrie?ng: Mr. Wmdham, Ms. P. Richards and Ms. R. McNeal. 3. Who conductedisupervised the debrie?ng? Mr. Wilson ADO. 4. Did all staff follow prepor protocol throughout the incident? No 5. If not, where was protocol not followed? White youth began to struggle after Mr. R. Windham attempted to place youth in an ACT control. Mr. Windham lost control of youth: and then dragged resident Isolation room by her footileg. lt-appeared that Mr. Windham was not Page 1' of 2 Pages Form Created: 10195 Revised: t; No. 5734 P. 6 May. 3. 23:0 r: DEPARTMENT OF JUVENILE JUSTICE CENTRAL REGION CRITICAL INCIDENT DEBRIEFING SUMMARY using approved ACT methods. After this point and into the restraint, it appeared that Mr. Windham used proper ACT methods. 6. Did all staff involved feel that they knew what procedures to follow during the incident? Yes. However, Me.- McNeal stated that she thought the restraint could have been managed better if the first two initial staff Windham and Ms. MoNeal) had communicated with each other, having a plan and being in place before Initiating the restraint. Ms. McNeal stated that Mr. Windham kind ofiumped too quick. not giving her time to he to place and ready. 7. Did staff feel adequately trained to handle this incident according to policy and procedure? Yes 8. how could this incident have been prevented? Youth could have followed staff?s Instructions and walked into her isolation cell without refusing multiple times and telling staff that she was not going into the isolation cell. 9. Did staff feel that the policies and procedures that are in place were adequate to deal with the incident? Yes. it}. If not, what changes were recommended? 11. Other relevant comments: 4I28/2010m obrlollng Signature Date SUPERINTENDENT REVIEWICOMMENTS: Facility Superintendent Signature Date Page 2 of 2 Pages Form Created: 10106 Revised: 0210? ritten onse to riticaE incident 011 dated 04/27/10 Resident?s Written Response to Critical Incident Report I r13 .Ptmw 0 ma 1 Cm PW I 1.3-. I fifty". 1. WE: law. an Jib-f? Fi?-?31 .r?l mm.- a I {fit-v fuss; i. no a Cum ltd; 1499* if} $151 1: raj. "?331r2?. .2 if: m? mix! mun?J?Hlt ban2L"Hg; "tSIGNATURE 44m SIGNATURE DATE ST SIGNATURE 0 9 ted 04/27/10 May. 2010 Na.5734 F. 5 ADDENDUM T0 ISO INCIDENT REGARDING DATE OF women-r: ?32910 TIME OFINGIDENT: 5'3 WITNESS COMMENT g/pr?wha? ?55: am ma?a? A, 1/4 gag/Aime, Avaer I'?wm 75 saw; - cn'ff Iv; 6'51"! 7g Mrs-rad? Zv??rf; (rd/5m an)? ?ne-u? .35; am 7111' ?653?; ?mzv?-Mw; mime" m: d7 (924% and a Sfcmo? A, w: my 41m, ng. My nay/(m way 422 9:4 any? yayil'?dcu/ Rife, ?rmyagrvw; A: Mid" NAME OF PERSON MAKING Rspbany??r/ . I 3 QF PERSON MAKING REPORT: . - 5' DATE FORM COMPLETED: $522 ISOLATIONHNCIDENT REPORT ADDENDUM Copy of e-mail regarding from Ms. Stutler to W. Wright regarding Mr. Windam dragging into her cell dated 05/03/10 I -- Page I of} Wright, Walter (Justice) From: Stutler, Kristie (DJJ) Sent: Monday, May 03. 2010 1:13 PM To: Wright. Waller (Justice) Subject: incident Here is the incident that i called you on: as on POD being a chronic disruption. She walked unassisted to intake to be placed on Isolation. Once in intake youth fell to the floor, According to the report written by Mr. Reggie Windham, Mr. Windham "secured her feet and pulled her in the cell?. According to the debrie?ng done by Jeff Wilson, "Mr. Windham lost control of youth and then dragged resident nto the isolation room by her foot?eg?. Ms. Grady got a report that something had gone awry with this incident late last week and was pulling together documentation. She went to View it on camera and from the angle, you cannot see anything inappropriate. it appears that the youth was struggling a great deal, however, of course I have huge concerns about anyone dragging a kid anywhere. 0n the phone i had told you that though the others secured her arms while she was being dragged. However, I misread the report because of misplacement of periods in the body ofthe report. it sounds like they secured her arms once she was in the cell. lam following up regardless- but wanted to check with you on if this needed to be an OOI investigation. I wasn?t sure since he openly stated what he did. The youth isn?t making any allegations she just says she was mad and ?was struggling the whole way?- Let me know. twill hold off on any follow up until i hear from you! Thanks i Kristie KRISTIE STUTLER. SUPERINTEN DENT Lincoln Village RJDC 820 New Glendale Rd, Eiizabethtown, KY Phone (270) 756-5280 I Fax (270) 756?5236 Sill/2010 an: Ham Eula D: 3.6?.an . . 4 .- .4 2 . OtOgrap Of the intake area andcell #423 .. Ttla1. .. 5.. Earn 35:2 .) . m. .a an?mm 32? 3. am: ?Emu RE :3 25 @302 .. inside View of cell #423 it here Mr. aam?m? 3 3m. ?g 3w. .7.1. JUSTICE artistic camper OFFICE OF INVESTIGATIONS rm CONFIDENTIAL SPECIAL REPORTING roam Report Date: sonata Inaaeutoners): aim/ta Time Report Received: 1255 l. Alle ed Victim 5 Age Date of Birth 1n 1. Current Facility: Lincoln Village Juvenile Detention Center Phone: 2. Facility where incident occurred: Lincoln Villagejm'enile Detention Center 3. Allegation (describe the nature of the alleged Special Incident i.e. what happened, when, injuries if any) (Circle allegation a Stuff: 3. aces inappropriate or excessive force which results in an injury; 9; uses inappropriate or excessive force that cauld_result in an igiurv: c. engages in any sexual activity to include'contaets or interactions which uses or allows, permits or encourages the use of a resident for the sexual grati?cation of the Offender or another person; uses inappropriate consequences such as excessive exercise, harsh physical work, or other physical consequences outside of accepted practices of 8. allows or encourages a resident to engage in illegal activity such as use of drugs or alcohol or gambling; f. does not provide appropriate sapenrision, medical care, food, clothing, shelter or education; 3. uses humiliating. demeaning, profane or racially charged language and/or gestures directed at resident; it. uses verbal threats of harm directed at resident; i. exhibits a pattern of harassing conduct directed at a resident; j. use or attempts to use a resident for the stast personal gain; it. accepts a bribe from a youth or indicates a bribe would be accepted; I. enters any unlawful transaction with a youth as set forth in KRS 530.064.530.065, and 530.00; m. enters a business relationship with a resident; It. extends unearned privileges to a resident in return For something done for staff.) . on 427/10, Mr. Reggie Windham was Ms. Stutler stated that Mr. Windham at and pulled her into the cell due to her in Wilson. SSWII. the isolation Ms. Stutler, SUpe?ntendont, calla involved in a restraint on reside-n wrote In his report that he secure resisting staff. Ms. Stu?er'slated accor mg 0 he debrie?ng ?Mr. Windham lost control of youth and than dragged room by her toot?og." Mr. Jeffrey Wilson, SSW2, witnessed the incidents. 4. Alleged O??ende?s?): a. Name: Windham. Reggie Facility: Lincoln Village Juv. Del. Ctr. b. Name: Facility: c. Name: Facility: 5. Person Taking Report WriatLliWalter 6. Investigator Assigned: Wright, Walter Assigned: SMIIDIQ Phone ll: 7. Report sent to: Law Enforcement County Attorney Revier (Z. 00] Intake Hm Time Amide Dare Retrieved: Time Retrieved 5 13 12010 I 1256 05032010 1256 Il'fwfn? IPhone Number: I I Il?eged rear?: Lest we ed rec-am 5m I .14096 Lam-m Fuc?in' JLincoln Village YDC 7 Miriam [Lincoln Village YDC I .4 Negation Ms. Stutler, Superintendent, called to was involved in a restraint on resident Ms. Slutier stated that Mr. Windham wrote in his report that he secur at and pulled her into the cell due to her resisting staff. Ms. Stutler stated according to the debrie?ng done by Jeff Wilson. SSWII. ?Mr. Windham lost control of youth and then dragged resident ate the isolation room by herfootlleg." Mr. Jeffrey Wilson. SSWZ. witnessed this incidents. Stutier stated that "Ms. Grady got a report that something had gone awry with this incident late last week and was pulling together documentation. Ms. Grady went to View it on camera. but from the angle. nothing inappropriate can be seen. W. Wright requested alt documentation to be sent to OOI. At 1528, Ms. Stutler faxed the incident report and addendum to OOI. .4 dim: Taken rr'rmm I Ilnridvm ?Lax! Name I IFim' Nam Resident I [14096 ?Wilson IIJe?rey IIStaff [Offender I I1 4095 IIWinclham [Reggie I [Eincoln Village I I 14096 Ms. Stutler ?Superintendent I 1" Ombudsman @?pecfu! Incident CI DJJ Ombudsman I EI Grievance Reform! No Further Active 1 Preliminary Inward let-rm. Taking: (an I garments-{mm I I W. Wright I 5 6K Hay 04, 2010 I I Page I am 2570 JUSTICE AND PUBLIC SAFETY CABINET Steven L. Beshear 1255 Holmes Street 1. Michael Brown Governgr Frankfort. 4050] Secretary (502) 5543554 Fax No. (502) 5644840 May 4, 2010 Hon. Steve Bland Hardin County Attorney 109 East Dixie AvenUe Etizobethtown, KY 42701 [act of Child in Residential Facility ncoln Village Juvenile Detention Center) SUBJECT: Dear Reader: As required in 500 KAR 131020, attached you will find a copy ofen allegation of a Special Incident received by the Justice and Public Safety Cabinet regarding resident(s) ojuvenile residential/detention facility. This information is being fonvarded to your agency for your review and any action you deem appropriate by your agency on any criminal issue. An administrative investigation: of this allegation will be conducted bv staff in the Justice and Public Safety Cabinet, Of?ce of Investigations. if you have questions or need Further information, please contact the investigator indicated on the attached paperwork at (502) 564-6688. Sincerely, Abidoh S. Bryant, Administrative Specialist 1 Of?ce of Investigations Attachment cc ?le We entuc Spun com mammp 5mm? - An Equal Oppmtumly Employer FJD JUSTICE AND PUBLIC SAFETY CABINET Steven L. Beshear 125 Holmes Street 1, Michael Brown Governor .. Frankfort. Kentucky 40601 Secretary . (502) 55447554 Fax No. (502) 564-4840 May 4, 2010 Kentucky State Police Post 4 P. O. Box l297 Elizabethtown. KY 427023490 SUBJECT: Alla-ed AbueelNeglect of Child in Residential Facility (Lincoln Village Juvenile Detention Center) Dear Reader: As required in 500 KAR l3:020. attached you will ?nd a copy of an allegation of _-_a__Spccial incident received by the Justice and Public Sal'er Cabinet regarding resident(s) in ajuvenile residentialz?detention facility. This information is being forwarded to your agency for your review and any action you deem appropriate by your agency on any criminal issue. An administrative investigation of this allegation will be conducted lav staff In the Justice and Public Safety Cabinet. Office of Investigations. if you have questions or need further i nformation, please contact the invosti gator indicated on the attached paperwork at (502) 564?6638. Sincerely. ?ee/56%? Abidah 8. Bryant, Administrative Specialist Office of investigations A rruehment cc? ?lo KentuckyUnondledSpinl com Mr? An Equal Opportunity Employer MJFID WERJDLED WRIT Pam Hg. _4 Han-ind 129971? 31?7 COMMONWEALTH OF KENTUCKY - PM Comm! . REOUE ion PERSONNEL POSITION (um: 13 Employee Om? Sea mam min for explanation ol codSoda! Saw?y ?lm-bar enema data PosrlJ-on umber FOB. Only dun, 1. bl mm 2.551 name 3. We cud-I 4 ma?a: semi? mumr 01 From: 1? W333 Flair-.3.- 44? TO: 1- I SHAH 541:3 7. l?lf?qu?I ?3 i 2 Next: Immun?fl?boll urn-noun? 02 From: - To: Maxi: madman amiduc?onmdo 144de 03 From: 3. 1 :rs'o :r t-i. 1 4' To: :1 325:0? 55:11 ifNext KW 1 j_ cragm ixwmm c?gng?maia mmg!? ErfaW? 04 From: ""21 5:413}: 14's"? 3 TO: 1-33" 1:3 Next 22mm: 35 From55:93 ES 251.155.?? ?3 Next . . Iu - . _29. . . a . .t raga- an 2m? 25. Mme 3% 32133 pan mag-I135: fag} ?92333 :33. we 55:31 izr-mdwwi )5 rum: 5: 2779 3752?. ?3 7" =3 5'4 If! 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Cmiss?mmenl: Wmissimc?Duc Elma l/xK/O?? ?mend Erma}: Mmangcsim [Date ..1 mam?; 35.39 a; 5:23 PM Carma: El Empmyae Only COMMONWEALTH OF KENTUCKY I POSITION Sn mum side tar emanation o! coda . If); . data typed Emp? 5452-3 :3 - 3 pgs? Poacmdl?epa?mam Soda! Saw?y E?m dale Onty Foam Mm E?oc?va ?ail! Lh?nm 15:11am. armson ?gum?u. 5mm. 01 Hum MINDHAM REGINALD a: nun To: A Next: 7.:pl..sta..anp1bmi 3mm ?.me 02 From: To: Next: 11mm. ilmuuidmmda Manes-Gimmian 03 me: 11301/0b i i Tm vagifi?;2: i SUSPEND ?i 1 i i 1 mm W/g/X/yg .: 15? 3:1an 13. 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Security Number Ei?fccliv: Dam PBSiti 011 Number Effectivc Date dim} 5. raciai 1. last name 2. first name 3. Initiate initial code mealur' number (High-a cede 6. sex cad: 01 Windham Reginaid 0 I 7, ism at apamncn: number 8. home WE add-Wmuic bar: home: state i i. home 2% at}: 02?. :5 22, effective 13? nature 6? action cede 14. descri 3120:: cf anion 03 03! 17,105 Suspensian I5. {martian number 18. hem 19.. ham: ma ma?a ciass and: I 7? ciass mum}; code ph??c number Chm"? REQUESTEB 2L prammiona! 20? increment dare increase date 22. remarks 22:1. PLEA cede: 2213? REST cede: EBay SuSpensien 0 I 23. pay 24? 26a lump sum 28., amp 29= full! 3% amp 3t {:85 32. fad 33? date 9f birth in}: pay 25. salazy?aic paymenus} YTD stat par! cede maritcoda merit cede: fund and: (mm-dd-yy} coda gum: increase cede 06 10 2287.06 I i. 0 34., mgismr 35, writer?s 36, previ?aus 38., 2an 39, 311! 46. sit; iacai 42. work #36 OT 44. wetk 45? wark Ema cede number comp cede 5232:: service shi? shift rate shi? rate state tax cad: week code comm}; gimme: number coda Lem cad: code cede 07 I3 0} I 2 3 270-366-5280 45. War}; 5mm address MM: ciZy 48, werk Shaft: 49? wad: zip cm {38 823 New Giendaie Rd KY 42701 SIGNATURES TITLE, DATE Initiated Revimd Divisian Directmmesignce Appmvedf?tputy Cgmmissioner?ase i Peta-mm Branch Managen'Da-signce' Approvadj?cpmy Commissicnct?maac kllgim I Data Appravcm?CGmmissiancrmaz: JUSTICE AND PUBLIC SAFETY CABINET Dopartment of Juvenile Justice . Ernie Fletcher 1025 Capital Center Drive Budget Skaggs Brown Third ?oor Commissioner Governor Frankfort, Kentucky 40601-8205 Phone (502) 573-2738 Fax (502) 573-4308 wwa-rentuekygou January 12, 2007 Mr. Reginald E. Windham Dear Mr. Windham: The ?rst paragraph of my letter to you dated January 10, 2007 is hereby amended to read: Based on the authority of KRS 13A.095 (2) and (9), and 101 KAR 1:345, Section 4, you are hereby noti?ed that you are of?cially seepended from duty and pay for a period of ?ve (5) working days, effective beginning of business January 17, 2007, and continuing January 13, 19 20, and again on January 24, 2007. The rest of my letter remains unchanged. Sincerely, J. get Skaggs Brown Commissioner cc: Hon. Brian Crall Dale Liechty LaDonna Koebel Kevin Garvin dall W'll Executive Director of Personnel Board An lenl antnunr Kentuekanbr'rdiedSoiritrom Emle Fletcher Governor .. Re JUSTICE AND PUBLIC SAFETY CABINET Department of Juvenlle notice 1025 Capital Gamer em. 3" Floor Frat-Aldon, Km?Jdt)? 40601-8205 Phone (502) ere?2733 Fax (see) 573-4305 wwhentuekypov January 10, 2007 ind '1 . .. Dear Mr. Windham: BG Nonmn E. Ar?ack Secretary Bridget Strange Brown Commissioner Based on the authority of KRS 18A.095 (2) and (9), and 101 KAR 1:345, Section 4, you are hereby noti?ed that you are o?icially snapended from duty and pay for a period of ?ve (5) working days, effective beginning of business January 16, 2007, and continuing January 17, 13, 19, and through close of business January 20, 2007. In accordance with 101 KAR 1:345, Section 1, you are being suspended from your position as Youth Worker at the Lincoln Village Regional Juvenile Detention Center/Youth Development Center, for the following Speci?c reason: ntudtyUnbridtedSpintcom Misconduct 5.13., as reported by Kevin Garvin, Central Region Director, the Of?ce of Investigations conducted an investigation (#1768-06) of the allegations made by Youth" that you used inappropriate and excessive force which resulted in an injury and that you used verbal threats of harm directed to him. Investigator Walter Wright concluded this investigation was founded on September 26, 2006. Youth" reported to the 001 Investigator that on September 6, 2006, he had just returned from Court and was being processed in Intake when you put Youth?s" shoes on his pants. Youth" stated his shoes were dirty due to the cell being dirty. Youth? stated that he asked you to remove the shoes from his pants and you became upset and started yelling. You then bumped *Youtb?s shoulder with your chest. Youth" asked you to get out of his face. You then grabbed Youth? and forcibly took to him to the ?oor. This was witnessed by Karen Prince, Youth Worker Dailey, Cook and Youth". You told Mr. Wright that you were called to Intake to pat down two (2) youths thathad returned ?'orn Court. You stated that Youth" condoned to move and talk without permission and stated that Youth? was non- Kent'ch Mr. Reginald E. Windham Suspension January 10, 2007 Page 2 compliant with facility rules. You redirected Youth?i? several times regarding moving his hands and shaking his head. You stated to Mr. Wright that Youth* kept moving his hands from behind his back. You further stated, as you were talking to Youth*, he moved one of his hands from behind his back and you restrained Youth* using Control~1. Mr. Wright asked you if your incident Report was accurate and you replied, ?Yes, sir.? Mr. Wright then played a video of the restraint and asked you to show him on the video where Youtl? had moved his hands. Mr. Wright replayed the video several times and noted to you that Youth?s? arms were still behind his back. You stated to Mr. Wright that you thought Youth* had moved, but said that Youth? was cursing and being de?ant. When Mr. Wright showed Ms. Prince a copy of the Incident Report completed by you, she told Mr. Wright, ?That?s not true.? Ms. Prince disagreed with what you had stated in the Incident Report about Youth?? moving his hands. Mr. Wright provided a Memorandum of Concern dated September 21, 2006 to Tom Gilsdorf, Commissioner?s Staff Assistant, stating that you had falsi?ed the Incident Report on Youtl?? dated September 6, 2006 by writing, Mr. Windham approached Youth* and he dropped his hands and step toward me. The video showed that Youth* did not step toward you nor did he move his hands. Further, Ms. Prince and Ms. Bailey overheard Youth* telling you that you ?were breaking his fucking arm." Ms. Dailey overheard you make the comment, ?Maybe i will.? Your comment to Youth* constituted a verbal threat to him. Based upon the video reviewed, Youth* did not move either of his hands in a threatening manner and further depicted you talking forcibly to Youth*. Following the restraint, Patricia Calhoun, Licensed Practical Nurse, completed a Post Restraint Body Checklist Which listed the following: Raised with red marks on left shoulder blade area with slight abrasions. Red abrasion to lower left side with no bleeding noted. Scratches and abrasions to right top shoulder, right arm and noted old scar, slight bleeding noted. Red half centimeter knot to right side of head. Complaints of head hurting; two ibuprofen given; complaints of left arm pain. This is a Violation of Department of Juvenile Justice Policies #102, ?Employee Code of Ethics?; #104, ?Employee Code of Conduct,? and #208, ?Youth Rights?. Furthermore, you received a supervisory conference on April 13, 2006 for failing to document on the MAR. Mr. Reginald E. Windham Suspension January 10, 2007 Page 3 *To keep con?dential the identity of the youths as required by law, the names of the youths referred to are transmitted by the attached list marked which is not to be disclosed without proper authorization. - A copy of this notice is being furnished to the Personnel Cabinet in accordance with personael rules. As an employee with status, you may appeal this action to the Personnel Board within sixty (60) days after receipt of this notice, not including the date the notice is received. Appeals must be made by completing the attached form and directing it to the address indicated on the form. (See KRS 18A.O95 and 101 KAR 1:365, Appeal and Hearing Procedures). Sincerely, firidget?g?kaggs BrownE Commissioner Attachment cc: Hon. Brian . Crall Dale Liechty LaDonoa Koebel Kevin Garvin Kendall Williams Executive Director of Personnel Board Mr. Reginald E. Windham Suspensien January 10, 2007 Page 4 CONFIDENTIAL As required by state law, the names of the youths referred to in the letter dated January 10, 2007, to Reginald E. Windham, an employee for the Department of Juvenile Justice, Lincoln Village Regional Juvenile Detention CenterfY 011th Development Center, are con?dential and not to be disclosed witheut the prior written consent ef the appropriate authority in the Department 0f Juvenile Justice, Justice and Public Safety Cabinet, Commonwealth ef Kentueky. It is provided here pursuant to the notice provisions of Chapter 18A. Kentucky Revised Statutes, and Title 10} Kentucky Administrative Regulation, Names 0f Youths Youth? - Yauth** - JUSTICE AND PUBLIC SAFETY CABINET . Department of Juvenile Justice Ernie Hatchet 1025 Capital Center Drive Ska??s Governor Third floor Commissioner Frankfon, Kentucky 40601?8205 Phone (502) 573-2738 Fax (502) 573-4308 January 12, 2007 Dear Mr. Windham: The first paragraph of my letter to you dated January 10, 2007 is hereby amended to read: Based on the authority of KRS 18A.095 (2) and (9), and 101 KAR 1:345, Section 4, you are hereby noti?ed that you are of?cially suspended from duty and pay for a period of ?ve (5) working days, effective beginning of business January 17, 2007, and continuing January 13, 19 20, and again on January 24, 2007. The rest of my letter remains unchanged. Sincerely, Bi?dget Skaggs Brown Commissioner cc: Hon. Brian Crall Dale Liechty LaDonna Koebel Kevin Garvin Kendall Williams Personnel File Executive Director of Personnel Board Jr? - 5.. ?unk?. . This is to acknowledge receipt of a letter dated 10, ZQQZ, and addressed to, Mr. Reg?nald E. Ewan, from the Comissioner of Depamnent of Juvez?le Justice regarding a ?ve (5) day suspension. Signed Delivered by: on Date (in the event erhployee refuses to aign): Wimes?ed by: on Date Commun6c: don Result Report Jan.10. Date/Time: Jan.lQ File No. Mode 2007 Destination Pg(? Page Result Not Sent 1768 Memory TX - 92707665236 P. cetded max. fail E- E-mail size FAX JUSTICE AND PUBLIC SAFETY CABINET DEPARTMENT OF JUVENILE JUSTICE mam WW, 3mm 1925 W. 40601 NUMBER: swan-3747 FAX: 5015734331 TO: Randall Williams I FROM: ORGANIZATION: Lincoln W153: FAXNULIBER: 270-766-5236 mm swam [mung T1531 1 All. Wm 543245735141 JUSTICE AND PUBLIC SAFETY CABINET Ernie Fietcher Dapartmont of Juvenile Justice I as Roman e. Ar?ack Governor 1025 Capeat Cantor om. Floor 3m?, Frankfort. Kentucky 40501-3205 Phone (502} era?area Wise-m ?reassess Wkentuckygov January 10, 2007 Dear Mr. Windham: Based on the authority of KRS 13A.095 (2) and (9), and 101 KAR 1:345, Section 4, you are hereby noti?ed that you are of?cially suspended from duty and pay for a period of ?ve (5) working days, effective beginning of business January 16, 2007, and continuing January 17, 18, 19, and through close of business January 20, 2007. In accordance with 101 KAR 1:345, Section 1, you are being suspended from your position as Youth Worker 11, at the Lincoln Village Regional Juvenile Detention Center/Youth Development Center, for the following speci?c reason: Misconduct as reported by Kevin Garvin, Central Region Director, the Of?ce of Investigations conducted an investigation (#1768?06) of the allegations made by Youth? that you used inappropriate and excessive force which resulted in an injury and that you used verbal threats of harm directed to him. Investigator Walter Wright concluded this investigation was founded on September 26, 2006. Youth? reported to the 001 Investigator that on September 6, 2006, he had just returned from Court and was being processed in Intake when you put Youth?s?l? shoes on his pants. Youth? stated his shoes were dirty due to the cell being dirty. Youth? stated that he asked you to remove the shoes from his pants and you became upset and started yelling. You then bumped *Youth?s shoulder with your chest. Youth? asked you to get out of his face. You then grabbed "Youth" and forcibly took to him to the ?oor. This was witnessed by Karen Prince, Youth Worker Dailey, Cook and Youth". You told Mr. Wright that you were called to Intake to pat down two youths that had returned from Court You stated that Youth? continued to move and talk without permission and stated that Youth? was non- KonmquneridiaeSpaacom An Equal Oppomn?y Employer woo Mr. Reginald E. Windham SuSpension January 10, 2007 Page 2 compliant with facility rules. You redirected Youth* several times regarding moving his hands and shaking his head. You stated to Mr. Wright that Youth* kept moving his hands from behind his back. You further stated, as you were talking to Youth*, he moved one of his hands from behind his back and you restrained Youth* using Control-1. Mr. Wright asked you if your Incident Report was accurate and you replied, ?Yes, sir.? Mr. Wright then played a video of the restraint and asked you to show him on the video where Youth* had moved his hands. Mr. Wright replayed the video several times and noted to you that Youth?s* arms were still behind his back. You stated to Mr. Wright that you thought Youth* had moved, but said that Youth* was cursing and being de?ant. When Mr. Wright showed Ms. Prince a copy of the Incident Report completed by you, she told Mr. Wright, ?That?s not true.? Ms. Prince disagreed with what you had stated in the incident Report about Youth* moving his hands. Mr. Wright provided a Memorandum of Concern dated September 2006 to Tom Gilsdorf, Conneissioner?s Staff Assistant, stating that you had falsi?ed the incident Report on Youth* dated September 6, 2006 by writing, Mr. Windham approached Youth" and he dropped his hands and step toward me. The video showed that Youth* did not step toward you nor did he move his hands. Further, Ms. Prince and Ms. Dailey overheard Youth* telling you that you ?were breaking his fucking arm.? Ms. Dailey overheard you make the comment, ?Maybe I will.? Your comment to Youth* constituted a verbal threat to him. Based upon the video reviewed, Youth* did not move either of his hands in a threatening manner and further depicted you talking forcibly to Youth*. Following the restraint, Patricia Calhoun, Licensed Practical Nurse, completed a Post Restraint Body Checklist which listed the following: Raised with red marks on left shoulder blade area with slight abrasions. Red abrasion to lower left side with no bleeding noted. Scratches and abrasions to right top shoulder, right arm and noted old scar, slight bleeding noted. Red half centimeter knot to right side of head. Complaints of head hurting; two ibuprofen given; complaints of left arm pain. This is a violation of Department of Juvenile Justice Policies #102, ?Employee Code of Ethics"; #104, ?Employee Code of Conduct;? and #208, ?Youth Rights?. Furthermore, you received a supervisory conference on April 13, 2006 for failing to document on the MAR. Mr. Reginald E. Windham Suspension January 10, 2007 Page 3 *To keep con?dential the identity of the youths as required by law, the names of the youths referred to are transmitted by the attached list marked which is not to be disclosed without proper authorization. A copy of this notice is being ?nmished to the Personnel Cabinet in accordance with personnel rules. AS an employee with status, you may appeal this action to the Personnel Board within sixty (60) days after receipt of this notice, not including the date the notice is received. Appeals must be made by completing the attached form and directing it to the address indicated on the form. (See KRS 18A.095 and 101 KAR 1:365, Appeal and Hearing Procedures). Sincerely, ?ddgetgkaggs Brown Commissioner Attachment cc: Hon. Brian J. Crall Dale Liechty LaDonoa Koebel Kevin Garvin Kendall Williams Personnel File Executive Director of Personnel Board Mr. Reginald E. Windham Suspension January 10, 2007 Page 4 CONFIDENTIAL As required by state law, the names of the youths referred to in the letter dated January 10, 2007, to Reginald E. Windham, an employee for the Department of Juvem'le Justice, Lincoln Village Regional Juvenile Dateniion CenterfYouth Development Center, are con?dential and not to be disclesed Without the prim: written consent of the appropriate authority in the Department of Juvenile Justice, Justice and Public Safety Cabinet, Cemanwealth of Kentucky. It is previded here pursuant to the notice provisions of Chapter 18A. Kentucky Revised Statutes, and Title 101, Kentucky Adminigtrativa Regulation. Hm Youth? Youth? PERSONNEL ACTION DRAFT DATE: December 18,2006 fr I EMPLOYEE NAME: Reginald Windham 6? SSN: SEX: POSITION TITLE: Youth Worker II REGION: Central LOCATION: Lincoln Village STATUS: Merit INVESTIGATION: 001 #1768-06 ACTION TAKEN: EFFECTIVE: CHARGE AND SPECIFICITY: Misconduct Le, as reported by Kevin Garvin, Central Region Director, the Office of Investigations conducted an investigation (#1768-06) of the allegations made by Youth? that you used inappropriate and excessive force which resulted in an injury and that you used verbal threats of harm directed to him. Investigator Walter Wright concluded this investigation was founded on September 26, 2006. Youth? reported to the 001 Investigator that on September 6, 2006, he had just returned from court and was being processed in Intake when you put Youth?s? shoes on his pants. Youth? stated his shoes were dirty due to the cell being dirty. Youth? stated that he asked you to remove the shoes from his pants and you became upset and started yelling. You then bumped *Youth?s shoulder with your chest. Youth? asked you to get out of his face. You then grabbed Youth" and forcibly took to him to the floor. This was witnessed by Karen Price, Youth Worker Dailey, Cook 11; and Youth". You told Mr. Wright that you were called to Intake to pat down two youth that had returned from court. You stated that Youth? continued to move and talk without permission and Stated that Youth? was non-compliant with facility rules. You re-directed Youth? several times regarding moving his hands and shaking his head. You stated to Mr. Wright that Youtb" kept moving his hands ?om behind his back. You further stated, as you were talking to Youth?, he moved one of his hands from behind his back and you restrained Youth? using Control-1. Mr. Wright asked you if your Incident Report was accurate and you replied, ?Yes, sir.? Mr. Wright then played video of the restraint and asked you to show him on the video where Youth? had moved his hands. Mr. Wright replayed the video several times and noted to you that Youth?s? anus were still behind his back. You stated to Mr. Wright that you thought Youth? had moved, but said that Youth? was cursing and being de?ant. When Mr. Wright showed Ms. Prince a copy of the Incident Report completed by you, she told Mr. Wright, ?That?s not true." Ms. Prince disagreed with what you had stated in the Incident Report about Youth? moving his hands. Mr. Wright provided a Memorandum of Concern dated September 21, 2006 to Tom Gilsdorf, Commissioner?s Sta?" Assistant, stating that you had falsi?ed the Incident Report on Youth? dated September 6, 2006 by writing, Mr. Windham approached a wt; E, Youth* and he dropped his hands and step toward me. The vidoo showed that YOuth* did not step towards you nor did he move his hands. Further, Ms; Prince and Ms. Bailey overheard Youth* telling you that you ?Were breaking his fucking arm.? Ms. Dailoy overheard you make the comment, ?Maybe I will.? Your comment to Youth? constituted a verbal threat to him. Based upon the video reviewed, Youth? did not move either ofhis hands in a threatening manner and further depicted you talking forcibly to Youth?. Following the restraint, Patricia Calhoun, Licensed Practical Nurse completed a Post Restraint Body Checklist which listed the following report: "Raised with red marks on 12]? shoulder blade area with slight abrasions. Red abrosfon to lower side with no bleeding noted. Scratches and obrosz?ons to right rap shoulder, right arm and noted old scar, slight bleeding noted. Red half centimeter km: to right side ofheooi Complaints of head hurting; two ibuprofe? given; complaints ofleft arm paim This is a Violation of Department of Juvonile Justice Policy 102, ?Employee Code of Ethics?, #104 ?Employee Code of Conduct,? and ii 208 ?Youth Rights?. Furthermore, you received a supervisory conformed on April 13, 2006 for failing to document on the MAR. CONFIDENTIALITY PAGE Youth? Youth cc: Kevin Garvin Kendall Williams MAJOR CORRECTIVE ACTION REQUEST CHECKLIST DP Lo} Empioyee Name: Reginald Windham Employee BJJ Training Assigned Village Date: 101106 REQUEST LETTER SIGNED 0R INITIALED BY MUST THE FOLLOWING SECTIONS: (REQUIRED FOR ALL REQUESTS) I. PERSONNEL INFORMATION: Employee?s Name, SSN, DOB, and job title A- Employee?s status (permanent, probationary, etc.) Employee?s We rk Location SPECIFICS OF INCIDENT IN DETAIL WITH NAMES, DATES, TIME ANDLOCATIONS: What did the employee do that was wrang and why was it wrong? Speci?c facts relating in the carrent problem (Who, What, Where, When and How) a. at? 19 2905 mid/jw Dates and time of occurrences Name of employee reporting pm'blem Names and job titles of witnesses Names onouth A LIST OF DJJ POLICIES 0R FACILITYIOFFICE PROCEDURES THAT WERE VIOLATED AND WHY: (INCLUDE POLICY AND SECTIOE c. STATEMENTS: IF HFLICABLE REQUIRED FOR ALL CASES) A. )Witnesses B. )Victims C. (Emmplayee for whom discipline is being requested (See Interview in 002 1768-06) D. (D)Any other person with knowledge of incident HI. COPIES ALL INCIDENT UR INVESTIGATIQNS CONCERNING THE INCIDENT: (REQIEIRED IF APPLICAB LE) A. ()Incident Reports B. ()Office of Investigations Invmtigatian (Directar will include copy 91?001 1768436) (I. (Dmmbudsman Report I). (D)Quality Assurance Report ADDITIONAL SUPPORTIVE SUCH AS: (REQUXRED IF APPLICABLE) A. (CD?Work pmducts (Shift Reports) B. (CDComputer ?les, E?Mail C. (EDCase file audits E. (D)Leavef0ver?me request farms F. (EbTimesheats during period in questian G. (D) Yearly timeca rd H. (D) statements I. logs or Call-in lag-s 1v. WM- . . m: ?Mr ?you? -. Wm. Wm Re: Major Corrective Action Checklist forReginaid Windham October 11, 2006 PageZ J. (EDVehieIelogs K. (U)Written instruments by or to alleged perpetrator L. (D)Phatographs of injury, damage, or questionable items M. (D)Contraband V. COPIES OF FACILITYIOFFICE PROCEDURES THAT WERE VIOLATED. (REQUIRED FOR ALL REQUESTS - HIGHLIGHT APPLICABLE SECTION) VI. COPIES OF ALL DJJ POLICIES THAT WERE VIOLATED. (REQUIRED FOR ALL REQUESTS HIGHLIGHT APPLICABLE SECTION) VII. EVIDENCE OF PREVIOUS CORRECTIVE ACTION. (REQUIRED FOR ALL REQUESTS) A. Capies of supervisory conferences B. (D)C0pies of verbal or written reprimands C. (D)Copies' of prior discipiinary actions D. (D)Corrective action plans E. (D)Responses from employees ANY ADDITIONAL DOCUMENTS OR EVIDENCE CONCERNING THIS INCIDENT: (REQUIRED IF APPLICABLE). Nate: Items with an must be included for all time and attendance issues. Items with an must be included for all abuse or neglect situations. I Signature Date I have revieWed the file and found it to be complete. Branch Manager/FHA Date 1a - (I. 04? Division Directo Date Date Couqu or KENTUCKY DEPARTMENT OF JUVENILE JUSTICE UHCULN VILLAGE Am REGIWL JLNENILE DETENTION CENTER 520 new ems new Wm. KY 42701 PHONE: (no; res-5250 Fax: (270) 766-5235 ERNIE FLETCHER BRIDGETSKAGGS anew? GOVERNOR emora nd 1?0: Bridget Skaggs Brown, Commissioner THROUGH: Kevh Gal's/h Directsr?entrd Reg'm Kendal! interim Superintendent Lincoln Village YDIRJDC 'w FROM: DATE: October 1 1. 2005 melee-r: Request for Major Corrective Action for Reginald Windham, YW Ii :4 af?x A. ee's nnel Inf .J Employee's SSN: Employee's DOB: . Employee's Job Tltie: Youth Worker ii Employee?s Status: Fu?iime. Permanent Employee's Work Location: Lincoln Village Youth Development 3. Regional Juvenile Detention Center B. Resident -reported to investigator that on 9/06i06 he had just returned from court and was being processed in Intake Mr. Wmdha - . shoes on his pants, tated his shoes were dirty due to the cell being dirty. asked remove th? shoes?fvgg?ghm's - and Mr. Windham get upset and started ye mg - houider?nth meanest out of his race; entire": mesa stated two residents wet looking out of their Mndows in the intake Caller stated Ms. Prince was also present interview with Mr. Windham resuited in him telling investiator that he, 5 called Intake to pat down two reside med fromeourt .r {a 35,? . 33;; gj' told Mr. Windham not to wash his .. .. scams kept removing his hands from behind his in . As he was talkin to moved one of his hands from behind his back and he meme 5- Ms. Prince called for staff assistance. Mr. Windham stated He also the area and witnessed the restraint, M??ti?ii?ii?t?? dent - m; .ga?gsator . .. 5. a. . I. . t1an :natdEi?tiSTM'rEW?d has"): a" sea he I ndham used__ _in_apprq__ 4' . . kesidefgc_ telling Mr. Windham . .r - s" unnamed :Pvm' - AM OPPORTUNITY EMPLOYER MIFID Kemmtinsnroteospierreom Disciplinary Action re: Reginald Windham Page 2 of 2 move prior the restraint taking place. A memo of concern was issued ?omit i? .l s. .. - 5Pt?: .. e?Eiiheror her-games. The following policies were violated by Mr. Reginald Windham: DJJ PP 102 Employee Code of Ethics. IV (A) Staff shall respect and protect the civil and legal rights of all youth in the care or custody of the Department; and IV (B) Staff shall serve each youth with appropriate concern for their welfare. DJJ PP 104 Employee Code of Conduct, (B). (F), (M). (N). IV and IV (P) See attached policy for details. DJJ PP 208 Youth Rights. iv. 8: Youth shall be treated in a humane manner and shall have the right to be protected from exploitation. neglect. physical. sexual. and emotional abuse. This shall include corporal punishment. intentional injury. use of intimidation, threatening. or abuse language toward the youth, either verbally. in writing. or by gesture. Any suspected abuse or neglect of youth shall be reported in accordance with KRS 620.030 (Reference 140 or 731). it is requested that Mr. Reginald Windham receive signi?cant disciplinary action. up to and including dismissal. due to the nature of these infractions. cc: ?le Eouu. Eoucmonenp Snowmen ?we t. 9am. - Jamar} P. JUSTICE AND PUBLIC AFETY CABINET Ernie ?818th 125 Holmes Street BB Norman E. Ar?ack Governor Frankfort, Kentucky 40601 Secretary (502) 564-?554 Fax No. [502) 5644840 TO: Bridget Skaggs Brown, Commissioner Department of uW?ce FROM: Deanna F. Douthi ictims? Advocate Of?ce of Investigations DATE: September 26, 2006 SUBJECT: Completed Investigation Attached for your review is a completed investigation regarding: [nvesti gation Name Facility 1768?06 Lincoln Village Youth Dev. Center The investigation was found to be founded with memo of concerns attached. Please notify my of?ce of any personnel action or other action that is taken as the result of this investigation. This report is being forwarded to year agency for your review and any action that may be deemed by your agency. Please notify the alleged perpetrator, victim and reporting source of the ?nding in this investigation. If you have any questions or need ?irther information, please let me know. Attachment cc: DJ Legal Of?ce ?warms An Equal Opportuan Employer MIFID SPIRIT JUSTICE AND PUBLIC SAFETY CABINET Ernie Fletcher 125 Holmes Street 36 Norman E. Arflack Governor Frankfort, Kentucky ?10601 Secretary (502) 564-7554 Fax No. (502) 564?4840 TO: Tom Gilsdorf, Staff Assistant Department ofJuvenile Justice FROM: Walter K. Wright, Investigator Of?ce of Investigations Branch THRU: Steve Odaniel, Executive Director 651 Of?ce of Investigations Branch DATE: September 21, 2006 RE: Lincoln Village YDC (#1768?06) The following concern was noted during the above investigation: co: File rude? MD An Equal Opportuan Employer MIFID Ernie Fletcher 125 Holmes Street 36 Norman E. Arflaek KeotuekyUobridledSpirit.com Frankfort, Kentucky 40601 Secretary (502} 5543554 Fax No. (502) 5644840 September 26, 2006 Renee Sartin Salt River Trail Region 445 Hwy 44 Suite 209 Shepherdsville, KY 40265 Dear Region Administrator: In accordance with the Memorandum of Understanding between the Cabinet for Health and Family Services and the Justice 8: Public Safety Cabinet, the Of?ce of Investigations has completed an administrative investigation involving a resident at the Lincoln Village'Youth Development Center, a. facility located in your region. The investigator has determined the allegation to be founded. This report is being forwarded to your agency for your review and any action that may be deemed appropriate by your agency. Please notify this of?ce if this investigation meets CHFS criteria, subsequently adding alleged offender into the child abuse registry. If you have any questions, please let me know, I can be reached at 50256445688. eanna F. Douthitt, Victims? Advocate 111 Of?ce of Investigations Attachment Co: File ii}: ?5 i mama? An Eoeal Opportumty Employer Ernie Fletcher Governor KeotuckyUnbridledsoirit.com JUSTICE AND PUBLIC SAFETY CABINET 125 Holmes Street 86 Norman E. Amack Fraokiort, Kentucky 40601 Secretary {502) 5643554 Fax No. (502) 564?4840 September 26, 2006 Ken Howard Hardin County Attorney PO Box 884 100 Public Square Elizabethtown, KY 42702?0884 Dear Mr. Howard: in accordance with 500 KAR 13:020, the Justice Public Safety Cabinet, Of?ce of Investigations has completed an administrative investigation involving a resident at the Lincoln Village Youth Development Center, located in your county. The investigator has determined the allegation to be foundedi?substantiated. This report is being forwarded to your of?ce for your review and any action that you deem appropriate. Please notify this of?ce if this investigation warrants any action from your of?ce. If you have any questions, please let me know, 1' can be reached at ii?il'v anna F. Doothitt, Victims? Advocate 111 Of?ce of Investigations Sincerely, Attachment Cc: File An Equal Opportunity Employer Justice and Public Safety Cabinet Of?ce of Investigation Case Report #1768416 Investigation Number: 1768-06 Date/Time Received: 09f08/06 l2:47prn investigator: W. Wright Date/Time Incident Occurred: 09/06/06 Method Report Received: Hotlinc Attached is the report of the investigation of the SpECiEtl incident (5): Staff uses inappropriate or excessive force which results in an iniuw. Staff uses verbal threats of harm directed at resident. (type of allegations) Regarding: sident Resident at: Lincoln Village YDC (facility) The allegations were found to be: Founded l) Copy to Commissioner, Dept. of Juvenile Justice mm (date) 2) Noti?cation of the ?nding to CFC (date) Mr. Reggie Windham Offender Criminal history and history of prior reports/allegations on the offender. No Priors. Created on If this report contains any reference to a polygraph examination, that portion of the report cannot be copied for distribution. Justice and Public Safety Cabinet Of?ce of Investigation Case Report 1768-06 ALLEGATI ON It is alleged that My. Reggie Windham restrained resident slammed him face ?rst OHIO ?oor. for no reason and LIST: Ms. Karen Prince Mr. Reggie Windham Ms. Dailey I. i I SUMMARY OF INVESTIGATION: W. Wright teak the initial hotline complaint on 092508106 at 12:47pm. On QQZOSKOG, W. Wright called Mr. Kendall Williams and requested. the incident repair t0 be faxed to OOL On W. Wright received a faxed ccpy of the incident report dated (39/063067. On 09/1306: W. Wright traveled to Linceln Village YDC to conduct interviews. On 09f14f06, W. Wright conducted a telephone interview with Ms. Bailey. On 09! 19/06, W. called the residant and spoke with Mr. father. Mr. ppmved W. Wright to call back cnce arrived home from schoal to Speak with him. On Wright calla discuss the restraint of Justice and Public Safety Cabinet Office of Investigation Case Repart #1768?06 Interview Report - (alleged victim) was interviewed Via telephone when he called the boiling an 091082?06 by W. Wright at 001 in Frankfort, KY at 12:47pm. as been at Village YDC for 6 days, stated he had just returned court and was being pracessed in Intake. My. Windham put shims on his pants. stated his shoes were dirty due to the cell being dirty? asked Mr. Windham to remove the shoes his pants. Mr. Windham goi upset and started yelling, Mr. Windham also bumped shauldar with his chest Windham to get Out Of his face. Mr. Windham then picked h?m face ?rst onto the 15100:: . . . . taied two residents were locking out 0f thair in {he iniaka area. These residents were, and Caller stated Ms. Princa was 3150 present. Justice and Public Safety Cabinet Of?ce of Investigation Case Report #1768-06 Interview Report - Princez Karen (Staff Witness), Ms. Prince was interviewed on 09!] 2106 by W. Wright at Lincoln Village YDC 1n Elizabethtown, KY at 10:46am. has been at Lincoln Village YDC for 4 years. She can be reached at? The following is a brief synopsis of this interview. For complete details of the interview please refer to the recording. Ms. Prince stated residents ?and -had just returned from court and was being pat down by Mr. Windham. Ms. Prince stated _was visibly upset about somethin . He had told staff not to wash his 1: Ms. Prince stated Mr. Windham was abo . .. M?e?a? -- I Prince stated - had started crying, and 5 could see the tears on hi lips qUivcring. I I Windham told "she ed will not tolerate it!" -asked Mr. Windham to get out of his face. a i - Wheelie. - s? lewing?staft" to letgo ofihinlbecausehe was not moving (during the restraint). told staff to put _in restraints. Ms. Prince got the soft restraints. _turned to_and asked ifhis back was bleeding. -told him yes. Ms. Prince too 0 a pod and told him she would have the nurse come in to take his Vitals and pictures. Ms. Prince stated Ms. Bailey was sitting behind the counter in a chair during the incident. Ms. Prince stated Ms. Dailey heard what was going on. . rte-Ali . .. .. H. *1 Justice and Public Safety Cabinet Of?ce of Investigation Case Report #1768-06 Interview Report I Windham. Reginald - (Alleged Offender), Mr. Windham was intendewed on 09/ 12/06 by W. Wright at Lincoln Village YDC in Elizabethtown, KY at 11:26am. Mr. Windham is a Youth Worker 11 and has been at Lincoln Village YDC for 1-1X2 years. He can be reached at_ The following is a brief synopsis of this interview. For complete details of the interview please refer to the recording. from court? its? . .. Windham not to clothes. Mr. seminar-3a.: 1.1.1.: Auto a "jig removing his hands from behind his back. As Mr. Windham was talking to _moved one of his hands from behind his back. Mr. Windham then restrained _using Control-l. Ms. Prince called for sta?? assistance. Mr. Windham stated continued to curse while on the floor. Mr. Windham also stated that Ms. Prince was in the area and witnessed the restraint. ?1ndham1f1his-?In?el" W. Wright played the video of the restraint to Mr. Windham. asked Mr. rep ??gml?jepin?; 2' .. a hand .. Justice and Public Safety Cabinet Office of Investigation Case Report #1768-06 Interview Report a BaileyJ mm a (Staff Witness), Ms. Daile}r was interviewed on 09/14/06 by W. Wright via telephone at 001 in Frankfort, KY at 10:10am. Ms. Dailey is a Cook Hand has been at Lincoln Village YDC for 4 years. She can be reached at- The following is a brief synopsis of this interview. For complete details of the interview please refer to the recording. Ms. Dailcy stated she was in the back ?ling papers. asked staff not to Wash his clothes. Ms. Bailey recalled -getting redirected owed by a brief conversation. -Was asked to go into his cell. _stepped without permission. Mr. Windham approached- Ms. Dailey stated she looked away, Ms. Bailey heartl? say that he hit his mammal" Wight: - tom . . . Dalil?y?is?ilalied Ms. Prince called for staff assistance. . . Stated "ii-J7 -- a ?ligw'astaw?gas Wright asked Ms. 'Dailey if she recalled -using profanity. She stated not that she was aware of. Justice and Public Safety Cabinet Office of Investigation Case Report #1768416 Interview Report: (resident witness), 09! 19/06 ma telephone frarn W. residence numberi from O92?02z?06 until 09? 10/05. was interviewed an phone It: Lexington, KY at 6:10pm. was at Lincoln Village aking fo his shoes and jeans whend they had come: stated he; was next t0 ii Mr. Windham had his jeans. Mr. Windham got in 2-135? old Mr. Windham to lea um alone. Everything then settled down far a minute. Mr. Windham then told 2 approach him. As Elatistarted ta approach Mr. Windham, Mr. Windham approached and started yellin at him because he did not ask for permisgidn to cross the line. Mr. Windham midged shoulder. iold Mr. Windham not to teach El?n. Mr. Windham told that he would slam him. mid ML Winth to get out efhis face. Mr. Windham then slam to the floor. 0 the ground. started cursing at Mr. Winth and told him that he would never say, ?Yes Sir? to him again. remembercd one famale staff worker being present the whole time and had called for staff assistance. He cauld not remember her name. $13th 5555? did not move prim Id the restraint. Justice and Public Safety Cabinet Of?ce of Investigation Case Report #1763-06 Findings: Based on the information obtained and review of records, the following is recommended in relation to the allegations: After reviewing documentation and conducting interviews, the alle atio that Mr. Windham used inappropriate or excessive force against resident shall be concluded as FOUNDED. In addition, Ms. Daiiey witnessed resident tell Mr. Windham that he was breaking his arm. Mr. Windham made the comment, ?MayheI will.? Mr. Windham's comment constitutes a verbal threat to FOUNDED. .12.. his-hands in?.gmd3?eatenjng 1 is"- ifiaharn'grabs-him =6 - - or. The video camera does not display the total restraint nor does it Show being slammed on his head. A Memo of Concern will be sent to Mr. Tom Gilsdorf, Staff Assistance, regarding Mr. dham falsifying the Incident Report by writing, Mr. Windham approached resident 5-: and he dmpped his hands and step towards me." As stated previously, the video shows that resident -did not step towards Mr. Windham, nor did he move his hands. In addition, Ms. Ms. Karen Prince and resident stated - did not move. Signature: Date: 7:25-36 Of?ce of Investigations Inv?stigator Signature: BMW Date: (95-06 Office of Investigatig? Investigative Manager Date: ?gig 3 Ex ?utive Director Date: f/Zb?l? i Signature: Of?ce of Invest gati Signature: Attorney, neral Con el Justice and Public Safety Cabinet Of?ce of Investigation Case Report #1768~06 Reviewed 0 Copy of the Incident Report Form Mr. Reginald Windham dated 09/062006. a Copy of the Post Restraint Body Checklist dated 09/06f06 by Ms. Patricia Calhoun. (Zero blaod mated). 0 Copy of the Critical Incident Debrie?ng Summary dated 091'06/06 by Mr. Weatherington. Handwritten statements fm'm MS. Karen Primer: and MS. Bailey. a Photegraphs of a Copy of the video recording. 9 Recorded intewiaws. Sap. El. 2006 I 3667 p? 3 Department of Juvei?le Justice Incident Report Form NAME OF YOUTH: TIME OF INCIDENT: 1245 PO El PROBATED YOUTH STATUS: [1 YO [j COMMITTED DATE OF INCIDENT: _09/06l06 1. Check All Events That Apply [i SUICIDE ATTEMPT ASSAULT BY YOUTH ON YOUTH DEATH OF RESIDENT ASSAULT BY YOUTH ON STAFF PHYSICAL RESTRAINT MAJOR PROPERTY DESTRUCTION MECHANICAL RESTRAINT [j POSSESSIONOF CONTRABAND THERAPEUTIC RESTRAINT MAJOR INJURY - MAJOR OFFENSES (comm-w cum SEXUAL ASSAULT CONSENSUAL SEX USE OF OTHER, Including Medication Error Isolation 2. Describe the incident In detail with the information below: a) Speci?c place: intake b) All earlier behaviors and actions prior to the incident Include the Speci?cs of the incident On DSIDSIOG at approx. 1245 hrs. I Mr. WIndh'am was call to intake. to pat-down two male residents return from court. Resident -was told that He need to comply with the MS. Prince and me. ?Windham grab his left arm i A ACT control 1 to the ?oor. Mr. in soft hand restraints and put hem In intake c) Other youth invcived (If applicable): na d) List all other staff involved: Mr.Weatherington 3. If restraint was used, 3) Which techniques were used? (Note techniques are Ilsted from least restrictive to most restrictive force) mechanical Restraints Hand Cuffs Chains Aikido Control Training (ACT) TherapeLItic Restraints Control 1 Fleece/Canvas lined cuffs Control 2 El FleecelCanvaS ?ned anklets Page 1 3m 5: m6 walla No. 3552 P, 4 Ravo?fe? ControlB C3 Foam Helmet 5? Anklels Cl Suicide Prevention Smock Suicide Prevention Blanket [j ReatraintChair 10. b) Explain why each technique was used; Mr. Windham grab Ros. Right ams to the floor resident continued to move and talk with out permission, c) lf restraint Was used, what amount of time was. required lo control the youth? Minutes END 3) names of those injured and extent of injuries and complete body check list: ?13.23. Were there injurieo as a result of this incident? [3 YES b) If pictures were taken; oXplain by Whom and where the piotures are being kept: 353E Was pl'aooment?in intensive supervision used? [3 YES NO ?Wao placement in isolation used (for residential programsldetontion centers only)? YES Duo 3 a) if isolation over 4 how's, isolation was authorizes by: b) Date In: 91612006 Time In: ?l245 Data Out: Time out: Has an accident similar to this occurred previously? YES NO If yes? please note previous Incldents as applicable: 8. Staff member making report: Reginald Windham DQIDGIDS Print Name Datef?ma 9. Employee's immediate supervisor?s. comments: John oemsxzooe Print Name S?gnalura Dalammo TO aasusmmeo WITHIN WORK SHIFT: FOLD-ER {orig?nal} EMPLOYEES Page 2 LD 015M POST RESTRAINT BODY LINCOLN VILLAGE REGIONAL DETENTION CENTER 1. Indicate on the diagram all bruises. scratches. red marks, or any 2. Ustallcommalnts ofthe resident g? gay! S?m?du gm? 3. Note anytreatmentgiveM?rstaid. eta): (/19 mph!) Lit/{M STAFF SIGNATURENITLMDATE TIME 4 i ed'lstaffevalut?onmbse an gs, ment?m) 137 715 "Mum laz?myj 4 .L. .- in-JMWW -amm mgr: [0b Body Front 89:15! Back 35? PHYSICIANFNURSE a? '3 RESIDENT NA - DOB Form Created: 05(05 Revised: -. Wm .. ?navy-H OF JUVENILE Just :05 CENTRAL REGION CRITICAL DEBRIEFING SUMMARY Debrieting meetings shouid occur follewing certain critical incidents before the end of the shift. Ali staff involved in the incident, along with the on-site ADO, should participate in the debrie?ng, It is the of the highest-ranking supervisor on shift when the incident occurred to facilitate the debrie?ng and complete this summary. This summary. along with a copy of the critical incident report packet. should be forwarded to the Division Director within 48 hours of the occurrence of the incident. Date and Time of Debrie?ng Meeting: 1315 Resident: 1. Type of incident (seieet all that apply): AWOL AWOL Piot or Attempt Youth on Youth Assault Youth on Staff Assault Restraint (all beyond Basie Escort) Possession of Contraband (eg. Drugs, Weapons. lammables, or other potentially dangerous materials) Death of a resident El El 2. List staff attending the debrie?ng: Mr. Weatheriogtoo, Mrs. Brown, and Mr. Windham 3. Did all staff follow proper protocol throughout the incident? if not. where was protocol not followed? Yes, staff assistance was called to intake. Mr. Windham had the resident secured uetil staff arrived. Resident was using profanity and disptayed aggressive behaviors. Soft restraints to the hands were applied until resident calm down. 4. Did all staff involved feel that they knew whet procedures to follow during the incident? Did staff feel adequately trained to handle this incident according to policy and procedure? Yes, Page 1 of 2 Pages (A. DEPARTMENT OF JUVENILE Just CENTRAL REGION CRITICAL INCIDENT DEBRIEFING SUMMARY 5. How could this incident have been prevented? Resident exhibited aggression toward staff; resident continued to use profanity when staff directed him to remain quit. 6. Did staff feel that the policies and procedures that are in place were adequate to deal with the incident? If not, what changes were recommended? Yes, staff tried to use verbal intervention to calm the resident. 7. Other relevant comments: John Weatherington 9 06 06 Debrie?rrg Facititator Signature Date Faoitity Superintendent Signature Date Page 2 of2 Pages at approx. 1240pm, Karen Prince, Eerie presen entered the intake area from court. - 35.; 0_ resident new the mlee 0f the facility and that he sheuld eemply. Resident became visually upset (as if he was geing to my) and leaned away from staff, asking l??emh?ie ailed resident was cussing toward Mr. Windham stating ?You?re breaking my fm arm. Get offme.? Mr?. Weathingtee stated that the resident needs to be in restraints, in which I showed him there was a pair of soft restraints on the counter. The resident was placed in 30ft restraints by Mr. Weathingten. Karen Prime WWII 4% LUJLL 9.29.14? 2006 37% hi; 0. ~09. 2 1 Mrs. MS ?Donner MM ngJc. 0N3 WM?rm; 0W3 (Omani Remom? 25f :X?td +Ca=wa3 wipith . OklmUW?. . D9043 m? Jena u. and LOW down??nr. maid!?an (laud minim Qua 0N5 WV. .. Ohm. 30+ km. 4121:; and SOLE: wm Jroio down I bond OLqu For a momgm+ LW 1 bond bang mnmeth WW goth?) 4100:?. \Necxrd $0wu23r?r?x?wg 33ml ?Qnd j: m. re?xdwd: 3% m% we \m ad ?2381 dam} 0.150 was 330 w? go?ma "53 CLAM- I ?r?uomd LOQd??o?m $63 Mfg. (pf knc.?- . ankad Sm {las?o?io-wu 0nd Ky?- W010. (0L1qu 3?6 r-Q?LdLr-xi sep.t4. 2006 (I M756 To: WALTER WRIGHT me: KENDALL Fax: 502-5644311250 Pages: (Including covar) 2 Phom: Date: 09?14-05 sumac-r Bailey Statement Urgent For Review Cl Phase Cumment Please Reply El As Requested 3-. Report Date: 9i3i06 1. ?m I JUSTICE CABINET P) OFFICE OF INVESTIGATIONS WM CONFIDENTIAL MM SPECIAL INCIDENT FORM Incident Time Report Received 12:4? gm "Age Bate of Birth Current Facility: L?incoln Village YDC Phone Facility where incident occurred: Li win Village YDC Allegatien (describe the: nature 0f the alleged Speciai Incident Le. what happened, when, injuries if any) (Circle appropriate: allegatimn Staff: 21. 1153-3 inappropriate 0r excessive force which resuits in an iniurv; 13. uses or Excassive farce: that could resin}: in an injury; a. engages in any sexual activity to include Bantams or interaciicns which uses 01' allows, permits or encourages the use of a resident far the sexual grati?cation {if the Offender car maker person; 43? uses consequences such as excessive exercise, harsh physicai work, or alher physical consequenccs outside of accepted pra?tices 0f 1331; 8. (i935 net provide appmp?ate supervisian, medical care, fwd, ciazhing, Shaker or education; f; aliows 02? encourages a resident to engage: in iilegai activity such as use of drugs or alcohol er gambling; g. uses humiliatmg, demeaning, profane m" racialiy chargad language and/hr gestures directed a: resident; 11. uses verbal threats of harm directed at msidcm; i. exhibits a pattern of harassing conduct directed at a mident; j. Use 01' attempzs to usa a resident ?01?th sta??s personal gain; k. accepts a bribe {mm a yeuth indicates a bribe weuid be accepted; I. enters any unlawful transaction with a yauth as set forth in KRS and 530.80; In. emers a business with a resident; extends unearned privileges ?0 a resident in return for semething done for staff.) (232283" 31393325 he was siammed on his face in; staff Windham. -. 6. 7. Aileged Name Reggie Wim?mm Facility: Lintolu Village YDC Name Facility: Name: Facility: Person Taking Report Waiter Wright Investing Assigned: W'alter ?Wriabt .- Assigned: Wilf?? Phone #502i564~6688 3. Report sent to: Law Enforcement ?iounty Attorney 001-2 {3"291?85} 001r Intake I iDete Tittle Magi; Time Retrieved 9 I8 IZOOB 1247 1247 Vicde Incident Aliedged Water: Last Alledged Victim ?rst H?ctim Sew: ir?ictim DOB l?lti?otg 10648 - [Current Facility lLincoln Village YDC i Uncident Facility lLincoln Village YDC A?eggticn Caller stated he had just got back from court and was being processed in intake. Caller stated Mr. Windham put (caller's) shoes on his pants. Caller stated his shoes were dirty due to the cell being dirty. Caller asked Mr. Windham to remove the shoes from his pants. Mr. Windham got upset and started yelling at caller. Mr. Windham also bumped caller's shoulder with his chest. Caller asked Mr. Windham to get out of his face. Mr. Windham then picked caller up and slammed him face Irst onto the floor. Caller stated two residents were lookin out of their windows in the intake area. These residents were, -an Caller stated Ms. Prince was also there. Action Taken . Wright called Mr. Kendall Williams. Superintendent, and requested the incident report(s) and video. ENOT: Rsint is being released today. He will be at home with his mother, Ms. - Incident Last Name First Name Staff 01' Resident 1064B Resident 10648 Resident Offender Incident Q?'ender Last Nettle First Name Race 0?ertder ecilfrj: 1064B Windham Reggie Black Lincoln Village YE Complainmm Incident Complaintanr Address Relationship 1 0548 El Comm. ?eets! Incident [3 DUI Ombudsman El Grin-Zaire ferret Friday, 03, 2006 32) Page 1 of2 a. COMMONWEALTH OF KENTUCKY I rug CABINET FOR HUMAN nesouoces i U0 m4 DEPARTMENT FOR SOCIAL SERVICES conmemc suspec'reo mnemomcrmepeenencma exetommou Earn (3 FORM Time Re TYPE REPORT.- hild Adult DSpouse Conntyof Report . Receivecim Report Date Incident Dete(o} LQ 1. Age 3812 Nature 1. physical Injury El El ii 31 Ma?iiglizi?iir . I: g: Eggiiciency 6? El CID El 3 e. AdultAbuse El 32 s??i?ri?iri?i??i'a DUDE 13.- 2. Current Address . . . StreeURuraIHci?Te Citnyif) County Telephone 3. Dlrectlone . I 4. Perent(a) fQuerdionfCeretaker . Relationship 5. Other Known Household Members 6. Describe naturefextentfcauees of abusefneglectldegzndency, or loitation. List witnesses end/or collateral contacte,previous moderate or reports. Describe hevior of edu victim and of alleged perpetrator (dangerous?) E?xlmd 7. Alleged Pec-petretor, ifdi??erent from 4 above Name Relationship Address a I Street/Rural Route Citnyip County TEEephone #5 8. Person Taking Report Title 9. Worker Assigned to Investigate A COth Telephone by: Family Services Of?ce Supervisor . 10. Law Enforcement Noti?cation sent to: .County AtWrneleommonwealth Attorney JLew Enforcement Agency 11. Noti?cation of Initial Results investigation: (72 Hour Status Report) Date DSS steffshell complete information on the heck of page i? 001 Intake (in No Further/fawn a Quaiigr Assurance Cal! {00! OOI Preliminary Inquiry 1? \wmm Friday, September 08, 2006 Page 2 of 2 I VERIFIQQTIQH 1 TIME 88:45 HQME IIU Fax 582*584*8258 TEL 582*564?3251 FAX HD.KNAME DURQTIDN RESULT NUDE 59f11 88:4d 995825?34388 88:88:58 33 UL ECM Ernie Hgimag swag: Narma? E. Gavemar Frankiart, Kemucky Secretaa'y ?592} 564~??54 Fax N9. {592;} September E1, 2986 Ken Heward Hardin County Attorney PO Box 884 108 Pablic Squaw E1izabeth{awng KY 42702 SUBJECT: Alleged AbusefNeglect 0f Child in Residential Facility Lincoln Village YDC Dear R?ader: As 'raquire? in 509 1473:6520, mashed you will ?zzd a copy 0f an a?lsgation 0f a Speeia! Incident received by the Justice and Public Safety Cabinet regarding a resident in, a ?uvenile residential/detenii?n fasility. This informa?an is being is your agancy fin? yam" review and any actizm that may be deemed ate by year agency an any criminal issutz. An administrative investigation of this allegation will be canducted by staff in the Ju?tice and Public Safetv Cabinet Of?ce of Investigations. if yet} have questians 01" need further infumazioz?a; please contact the investigator Sincerely: indicated {rm tha attached paperwerk at (502) 5646688, 1382212132135. Douthitt, Victims? Advocate HI Of?ce [nvestigaiians Attachment cc: ?le MW Kentackyu?brid?edSpiritca?m We? Gppa?unity Emmoyer WFID UNERECLED - JUSTICE AND PUBLIC-SAFETY CABINET Ernie Fletcher 125 Hams 3mm; 38 Norman E. Ar?ack Gwernor Kentucky 40601 Secretary {502) 564??554 Fax No, (562} 53644846 S?ptember l, 2006 Kentucky State Police Past 4 PO 1297 Elizabethtown, KY 427012 SUBJECT: Alleed Abusemeglect of Child in Residential Facility Lincoln Village YDC Dear Reader: As required in 509 KAR 13:020, atzached yea will find a cap}! of an allegation Of a Special Incident received by the Justice and. Public Safety Cabinet regarding a resident in a juvenile facility. This informatian is being, fmrwarded is? your agency fer yeur review and any actian that may be (learned appropriate by your agency cm any criminal issue. An administrative investigation 01? this allegation will be conducted bv staff in the Justice and Public Safety Cabinet Of?ce of Investigaiions. If you have questions need further infeanation, please contact the investigath indicated an the attached papa?mam}: at {502) 564-6688, Sincerely, 33:13:23 F. Deuthitt, Victims? Advccatc Ill Of?ce of lnvestigatiens Attachmemt CC: KantuckyUnbridfedSpirltcom UNammaa Rn Equal Qppor?anity mm (Q. Farm 103 scasqmneoo: Conference Commonweahh ofKentuch? Deparbnenr of Juvenile Justice Service: SUPERVISORY CONFERENCE Facility/Of?ce: Lincoln Village YDC I RJDC Region: CENTRAL Employee's Name: Reginald Windham Employee?s SSN: - Date of Conference: Jul-Inlet: Date of Last Conferenee(s): Issue: Tune Attendance Poor Work Performance Misconduct Other (Specify): Medication Error Has the employee received a supervisory conference for a similar violation(s)? Yes No Ifyee, attach a copy of the prior supervisory conference. Speci?cs'of Incident: Staff failed to Sign MAR to verify if youth received or did not receive medications at the appropriate 1.111135 What happened: . A?er receiving an e?meil from the Charge Nurse that the MAR had not been initialed on several residents Mr. Williams was contacted and the were investigated to discover that initials were missing ?om staff. When did this occur: Date: March 06 Time: Be When did it happen: Farm Review - Ocraber 2004 1 - l: Form I 03 SC -- Supervisory Con?rence ?m A Who was involved: Who witnessed the incident: Supporting Documentation: (Attach any of the following documents): Timesheets El Log Reports 53 Incident Reports El Witness Statements Copies of all speci?c Policies and/or violated: DH 40?, Health Services S.O.P. #5 13-0] 13-02, Health Service Protocol Manual Chapter Adn?nistation of Medications Subsections 6B 6E. Other Written Evidence: Cepies of the MAR Recommended Corrective Action: (List Speci?c steps the employee needs to accomplish in order to improve their performance or behavior): Youth Worker will receive remedial training on passing of medications with Medical staff present and follow DJJ and Policies and Procedures. Target Date for Improvement: (Specify Date) [Mia/06 Other Issues Discussed: (Items ?eparate from the Incident) 1? . as may Employee Response. Cf 07? - 53/124252 aw, raw/76 deg/zi/tZ/?avy Employee Signature: Date: Supervisor Signature: Date: if?: 03- Form Review - October 2004 2 A (L JUSTICE CABMT REFERENCES: OF 1-017: 23s 32? JUVENILE JUSTICE 10- 15, 21, 22 21; 10435, 17 PULICY AND PROCEDURES 1 4131.94 A4 6; 1 C481 24? 25 1C-13, 18, 19 19. 20 CHAPTER: Administration AUTHORITY: KRS 1523.065 SUBJECT: Employee Code of Ethics POLICY NUMBER: DJJ 102 TOTAL PAGES: 3 DATE ISSUED: May1,2005 EFFECIIVE DATE: 053701105 APPROVAL: Bridget Skaggs Brown COWSSIONER I. POLICY The Department exPeets of its ata?'honestjl, integrity, respect for the dignity and individuality of human beings, and a commitment to professional and compassionate service. The Department supports a drug??ee workplace. II. APPLICABILITY This policy shall apply to all employees of the Department of Juvenile Justice. DEFINITIONS Not Applicable IV. PROCEDURES Sta?? shall reapect and protect the civil and legal rights of all youth in the care I or custody of the Department. . . ..I . with no purpose of personal gain. criminal activity. Each staff shall maintain the integrity of private in?ammation. . c'i? and Relationships with colleagues shall be of such character to promote mutual respect the profession and improvement of its quality of service. Staff shall irespect the importance of all elements of the criminal justice system and cultivate professional eooPera?or?z with each segment. Staff shall raspect and protect the right of the public to be safeguarded from Staff shall F. neither seek personal data beyond that needed to perform their reaponsibilities not reveal case information to anyone not having professional use for such. POLICY NUMBER ISSUE cars 13.7.1102 85/01/05 2 013 Information regarding youth or persons seeking treatment shall be kept con?dential under the provisions of KRS 610.320, 610.340 and 635.120. All employees, consultants, contract personnel and volunteers who work with youth or youth records shall sign a con?dentiality form as a condition of? 5 employment or service. Staff shall report any corrupt, unethical behavior, or policy violations which may a?'ect either a youth or the integrity of the organization and any abuse or neglect as required by KRS 620.030. Sta?' shall not discriminate against any youth, employee, or prospective employee on the basis of religion, race, sex, age, disability, or national origin. Staff shall not use their o?icial position to secure privileges for self or others and shall not engage in activities that constitute a con?ict of hiterest. Staff shall not act in their o?icial capacity in any matter in which they have personal interest that may impair objectivity and create the appearance of con?ict of interest Staff engaged in outside employment shall obtain from the appropriate Division Director or designec, or the appropriate Deputy Commissioner, written aclmowledgement that said employment does not appear to con?ict with the employee?s official duties. Political activities of employees shall be in compliance with KRS 13A.140. Workplace violence, as de?ned in 101 (9), shall be prohibited and shall constitute grounds for disciplinary action and referral for criminal prosecution. All employees are prohibited from reporting for duty or operating any state vehicle after consuming any amount of an alcoholic beverage. Possession of alcoholic beverages at the work site or the consumption of alcoholic beverages during working hours or prior to operating any state vehicle is strictly prohibited. Any measurable or detectable amount of an alcoholic beverage shall be considered enough to he in violation of this policy. This shall apply to all DH employees. The misuse of prescription and non? prescription drugs or use of illegal drugs on state propel-or during working hours orwhile operating a state vehicle is strictly prohibited. in compliance with the Anti?Drug Abuse Act (PL. 100690), employees shall be noti?ed that the unlawful manufacture, distribution, dispensation, possession or use of any controlled substance is strictly prohibited in the workplace and any EFFECTIVE DATE PAGE NUMBER .. .. .. "mauwhw. POLICY NUMBER ISSUE DATE EFFECTIVE DATE PAGE NUMBER 3 of 3 DH 10?2 05/01/05 05/01/95 employee found to be in violation shall be subject to disciplinary action for misconduct which may include sanctions up to and including dismissal. If an employee of DH is arrested for or charged with any offense, other than a minor tra?c violation (see de?nition below) they shall notify their immediate supervisor. This report shall be made prior to their next scheduled shift. Being detained does not relieve an employee of the responsibility of providing notice to their supervisor that they will not be reporting to work because of the detention or arrest. If their sopervisor is not working, they shall immediately notify the highest level supervisor on duty at their facility or office. The employee shall furnish the supervisor with the name of the charging authority, the city or county where the charges are ?led, and the next court date assigned to them. Any supervisor, or acting supervisor, upon noti?cation of an employee being arrested or charged shall notify the facility manager, District Supervisor, or superintendent by email giving all lmown details of the incident The supervisor shall, at the same time, also copy the infonnation to their reapectiye ran ch manager and Division Director. . The Division Director shall notify the Deputy Commissioner and the Commissioner by email. If this occurs alter office hours and circumstances warrant calling them at home they shall do that in addition to the email. I. . Minor traf?c violations include things such as a citation for Speeding, running a red light, etc. It does not include a charge of Driving Under the In?uence. Citations for any criminal o?ense shall he reported. There is no grace period for complying this requirement Failure to comply with this may result in discipline up to and including dismissal. V. MONITORING BECHANISM Monitoring shall be done by all supervisory personnelon an ongoing basis. CABINET REFERENCES: DEPARTMENT OF JUVENILE JUSTICE POLICY AND PROCEDURES 3-JCRF-IB-17 1-SJD-1B-17 CHAPTER: Administration AUTHORITY: KRS 15A.065 SUBJECT: Employee Code of Conduct POLICY NUMBER: DJJ 194 TOTAL PAGES: 3 . DATE ISSUED: January 19, 2006 EFFECTIVE DATE: 01/19/06 APPROVAL: Bridget Brown COMSSIONER POLICY 7 . Employees shall conduct themselves in a professional manner. Sta? shall be aware that their personalconduct re?ects upon the integrity of the agency and its ability to provide services to youth. II. APPLICABILITY This policy shall apply to all employees of the Deparhnent of uve-nile Justice. DEFINITIONS Not Applicable IV. PROCEDURES (B) Employees shall be expected to arrive and leaVe work at scheduled times as detemiined by their supervisor. Employees shall be expected to perform and in a professionnlmanner. Employees shall remain in their assigned .working areas during working their work assignments competently ihours. Employees shall not disturb or interrupt other employees at their areas or prevent other employees ?om can'ying out their duties. i Employees shall not entertain ?iends or family on the premises of any DJJ of?ce or program except doting appropriate scheduled and approved events. Loud, abusive, or profane language and boisterous and unprofeesional conduct shall not be tolerated. Employees shall refrain from making calmnento which are critical of colleagues or the agency, particularly while in the presence of youth or representatives of youth. -6. ?wm PAGE NUMBER POLICY NUMBER ISSUE DATE EFFECTIVE DATE 01/19/06 01/19/Employees shall not engage in unwelcome written, verbal or physical at conduct that either denigrates or shows hostility or aversion a person on the basis of race, color, national origin, age, sex, religion,- disability, marital status or pregnancy that: 1) has the purpose or effect of creating an intimidating, hostile or offensive work environment; 2) has the pmpose or effect of unreasonany ix?erferiog with an employee?s work performance; or 3) create conditions that may not be sexually o??ensive in nature, but may lead to a hostile working environment. . State property and equipment shall not be loaned to employees or others for personal use. Theft of any state property, including linens, clothing, supplies, or equipment shall be prohibited. Individual parcels or bundles? may be subject to inspection by the supervisor. Of?ce telephones shall be for business only. The telephone may be used during the employee's o?-duty time for local cells only. When required to remain beyond their normal shift, employees may use the telephone to notify theirthmu ies. Employees shall never be permitted to sleep or nap While scheduled on duty. Sleeping, lying down, or lounging shall not be allowed in youth areas even on break time, and if observed, may result in disciplinary action up to, and including dismissal. Employees shall be provided sleeping and leisure areas separate from youth residential areas if they are unable to return to their homes when needed to assist in providing Monty-four hour coverage. Employees shall not he on the premises except during working hours unless approved by their immediate supervisor. In accordance with KRS KRS 237.110(14) and KRS 237.115(l) employees shall be prohibited ?'om possession of ?rearms, or any other deadly weapon as de?ned in KRS on the prenuses or grounds of any DJJ o?ce, program, treatment facility or detention center and in any vehicle trausPorting DJJ youth. Employees shall interact with youth on a consistent basis to address individual youth needs and prevent con?icts ?'oro beeondng unmanageable. shall protect the individual safety of youth and ?memselves through the use of approved controlling techniques utilizing no more than the absolute amount of force necessary to diffuse a con?iotual situation. mh?m? EFFECTIVE DATE PAGE NUMBER ISSUE DATE 3 of 4 POLICY NUMBER 01119/66 01/19/06 DJJ 104 Employees shall take appropriate precautions in dealing with youth to prevent allegations of inappropriate verbal communication, sexual, contact or abuse of any type. . I I Abuse and other mistreatment (as de?ned in 149) of youth in the care or custody of the Department shall not be tolerated. Persons abusing youth shall be subject to disciplinary action up to and including dismissal under 101 KAR 1:345. Employees suspected of abuse shall also be subject to investigation and prosecution under all applicable laws. Employees shall have the reaponsibility of providing youth with a positive role model as a representative of the Department. Q. Employees and contract personnel shall be expected to maintain a professional relationship with youth at all times. The following rules help delineate this relationship and prevent complications in treatment for youth. An employee shall not: 1. Sell or loan personal belongings to youth; Enter into a business relationship or ?nancial transaction with youth or the reptesentative?) of a youth; 3. Give special privileges to a youth, unless named by youth as part of the treatment plan; . Accept a bribefpayment by youth or the representative(s) of a youth for special services rendered by them; Lend money to a youth or the representative(s) of a youth; . Enter into a dating or sexual relationship with a youth or formerly committed youth under the age of 18; or A 7. Enter into a dating or sexual relationship with an individual 18 years of age or older who is under care. - R. Donations made to programs, including money, property, or material goods shall not he accepted by individual employees unless otherwise designated. Only donations which are allowable under the code of ethics may be accepted. Donations of money, property and material goods shall be properly accounted for in facility records. Employees shall fully cooperate with an investigation conducted by the . '3.)qu h. g, .. . ?hm-m m?u? DJJ 104 POLICY NUMBER ISSUE DATE 01/19/06 EFFECTIVE DATE 01/19/06 PAGE NUMBER 4 of 4 Internal Investigations Branch, Inte'mal Affairs O?cer or Ombudsman, subject to Federal and State constitutional protections. v. MONITORING MECHANISM These procedures shall be mbnitored by all supervisors. JUSTICE CABINET DEPARTMENT OF JUVENILE JUSTICE POLICY AND PROCEDURES REFERENCES: 87; 20-01; 3045, 24; 09, 14; 4840, 12-44; 5A~05g 53-85; SD-OI, 17; SE- 85; 56*04; 511-02, 11, 13 . - 08; was; 213-01; 30-15, 21; 03, 13; 413-10, 1244; 4007; 511-16; 5001, 05;. 511-03; 517-03; 58-02, 11, 12 07; 3083, 16; 2313-91-07; 411-05, 05,. 10; 438-06, (18, 4002, 511-01, 02; 56411, 05, 06 313-0108; 211431; 3C-14, ~23; 39-01-08; 411-05, 06, 12; 43-10-12; 464?; 513?05; 511-01, 13; 5E- 01; 58414; 51-1-82, 03, 11, 13 08; .3043, 21; 4A-06, 08, 13; 413-09, 11, 12, 13; 46-05; 53-93; 04; 53-04; SG-OZ, II, 12 12, 61, 71 CHAPTER: Admissions AUTHORITY: KRS 15A.065 SUBJECT: Youth Rights POLICY NUMBER: DJJ 208 EFFECTIVE DATE: 07/07/06 TOTAL 5 DATE ISSUED: April 13, 2006 COWSIONER APPROVAL: Bridget Ska'ggs Brown I. POLICY Upon admission toe Departi?ent of Juvenile Justice program, youth shall be advised of their rights, duties, and responsibilities including-their right to ?le a grievance. n. APPLICABILITY This policy shall apply to all DJJ Residential Facilities, Group Homes, Day Treatment Programs, Regional Juvenile Detention Facilities, and Private Child Care Agencies. youth in other types of community or out~of~home placements shall have the right to ?le a Service Complaint with the Department of Juvenile Justice in accordance with DJ PP 602'. POLICY NUMBER ISSUE DATE EFFECTIVE DATE PAGE NUMBER DJJ 203 04/13/06 07/07/06 2 of 5 DEFINITIONS IV. A. ?Discrimination? means an abridgement of rights based Upon a person?s race, 8. religion, color, sex, or national origin. ?Grievance? means a circumstance or action considered to be unjust and grounds for complaint under the internal grievance system. PROCEDURES Written enumeration of rights shall be provided to each youth during the admission process and signed by the youth. The original shall be ?led in the youth?s Individual Client Record and copy shall be provided to the youth. The following rights shall be afforded to all youth: 1. Youth shall have the right of access to the courts and con?dential contact with attorneys (Reference DIJPP 121). - Youth shall not be subject to and shall he ?ee from discrimination. It shall be prohibited to discriminate based on a youth?s race, religion, national origin, sex, disability, or political views in making administrative decisions and in providing access to programs. Youth shall have access to the communication media through written requests or through media visits. All requests are subject only to the limitations necessary to maintain order and security and to protect the youth?s rights, or as provided by law. Requests for media contact shall be acted upon in accordance with DIJPP 119. Youth and parents/guardians shall be involved in the treatment planning process to the maximum extent possible. Youth have the right to attend treatment planning meetings unless the behavior of the youth prohibits participation. The assigned counselor shall provide the youth with an explanation of his treatment plan, in lieu of the youth?s attendance. Confidentiality of the treatment record shall be maintained as provided by statutes and Department Policy (Reference KRS 610.320, 610.340 and/or 635.120; 102 and 104). Audiovisual or tape recordings used as a part of the youth?s treatment shall only be used for teaching or therapy purposes with written permission from youth and parents/guardians. With the prior written consent of the youth and the parent/guardian, youth may participate in research studies approved by the Commissioner?s Of?ce. POLICY NUMBER DJJ 208 EFFECTIVE DATE 07/07/06 ISSUE DATE 04/13f06 3 of5 11th shall be treated in a humane manner and shall have the right to be @Iii'otected ?om exploitation, neglect, physical, sexual, and emotional abuse. 10. ll. 12-. 14. 15. This shall include corporal punishment, intentional injury, use of intimidation, threatening, or abusive language toward the youth, either verbally, in writing, or by gesture. Any suspected abuse or neglect of youth shall be reported in accordance with KRS 620.030. (Reference 140 or 731.) Youth charged with major rule violations shall be afforded due process, including the right to 318 .2 or 718.) Youth who are considered for transfer to a higher security classi?cation shall be afforded due process safeguards. In the case of emergency transfers, such safeguards shall be instituted immediately after transfer. (Reference 206.) There shall be equal access to programs and services for male and female youth in co-con'ectional facilities. At least two hours of recreation, one hour of which shall be active recreation, shall be provided per day in group homes, youth development centers and detention programs, under the direction of a designated recreation leader if possible. Special arrangements to provide this hour of recreation shall be made if thelyouth is to he'separated from the group. The Cadet Leadership Education Program and Day Treatment programs shall provide. a recreation program approvedby the Regional Dire'ctorf' Under circumstances involving a critical treatment incident or medical condition, a youth may be denied recreational activity on a day to day basis. The youth's recreational privileges shall be restored upon resolution of the critical treatment incident in: with the approval of authorized medical personnel. (Reference DJIPP 317 or 720 .2.) 13. An academic and vocational program to meet individual youth?s needs shall be provided in accordance with applicable education statutes. (Reference 334 or 725.) Each group heme, residential and detention program shall designate space and time ?ames for the youth to participate in religious activities. Participation in religious services shall be voluntary. There shall be no reprise} against any youth in regard to choice for participation in religious services. (Reference DJIPP 345 or 720.3.) However, religious practices that pose a danger to the . youth, other youth, or staff, or that create a danger to the security of the- facility are prohibited. Youth shall have the right to re?ne to participate in uncompensated work PAGE NUMBER POLICY ISSUE DATE DJJ 208 EFFECTIVE DATE 04/13/86 07/07/06 4 0f 5 PAGE NUMBER 16. 17. 18. 19. assignments unless the work is related to housekeeping or maintenance of the facility or personal hygienic needs, or the work. is part of an approved vocational or training program. (Reference DJIPP 316 or 720.4) Access to medical, dental and mental health care, including 24?hour medical services, shall be provided. (Reference DJIPP 400.) Living units shall be provided with adequate lighting, heat, ventilation and an overall safe environment maintained in compliance with state and local ?re and safety laws and regulations. (Reference 126.1 414, 427.1, and 428). Youth may wear personal clothing consistent with program guidelines or wear combinations of personal and facility clothing. Youth?s clothing shall be kept clean, maintained in good repair and shall be suf?cient to meet seasonal and protective needs of the youth. (Reference 702 and 414.) A personal property inventory of all possessions shall be made for newly admitted youth in group heroes, residential and detention programs. The inventory shall indicate which property is being held until discharge and shall be signed by the youth. This inventory shall be made a part of the youth?s record with the youth receiving a copy. (Reference 702.) Whenever possible, property of the youthwhich is inappropriate for possession in a residential placement shall be returned to the parent(s) or legal guardians of the youth. Rena-nod items shall be listed on the property inventory Widi a notation listing the date and to whom the items were returned. Currency shall be re?mded or released to youth only during normal business hours. In an ATR situation currency shall be available to the youth within seven (7) days of transfer. 20. Clean bedding, linens and towel shall be provided to each youth in group 21. 22. homes, residential and detention programs (to include two sheets, a pillow and pillowcase, mattress, and su?ibient blankets to provide comfort under existing temperatures). Linen exchange shall be made at least once a week. (Reference DJIPP 404.13.) Youth shall be afforded daily opportunity for personal hygiene-(Reference 414.) . Personal hygiene articles shall be provided to each youth in group homes, residential and detention facilities (24?hour care). At a minimum, the following items shall be available in each program and shall be replenished as POLICY NUMBER ISSUE DATE EFFECTIVE DATE PAGE NUMBER DJJ 208 04/13/06 07/07/06 I 5 of5 needed: combs, shampoo, soap, deodorant, toothpaste, toothbrush, and sanitary products. (Reference 404.13 and 414.) 23. Three meals a day and an evening snack shall be provided to each youth in group homes, residential and detention facilities (24-hour care). Special diets shall he provided when necessary to meet health or religious requirements. (Reference 426.) 24. Youth shall be afforded the opportunity for a suf?cient night?s sleep in group homes, residential and detention facilities (24?hour care). 25. Reading materials shall be provided to the youth. Sufficient lighting for reading shall be provided. 26. Youth shall have the right to receive visits, subject only to the limitations necessary to maintain order and security. Each program shall Specify or designate day, time, and area for visitation. Procedures for visitation in group homes and youth development centers shall relate to treatment of the youth-as Specified in the treatment plan. (Reference 310 or 720.6.) 27. Youth in group homes, residential and detention programs shall have the right to send mail, excepting commercial enterprise ventures, and shall be provided postage for two letters per week, excluding legal correspondence. (Reference 310 or 720.6.) 28; Youth in day treatment shall have access to a telephone to initiate and receive emergency personal calls. Youth in detention shall have the right to make at least two local or collect long distance calls to family members, attorneys, or other approved individuals during the admission process. Each youth in group homes, residential and detention programs shall be provided access to the telephone to make and receive personal calls, Within the limits of the orderly operation of the facility, in order to maintain conununity and family ties and maintain contact with attorneys. (Reference 310 or 720.6.) 29. Youth shall have the right to report any problems or complaints without fear of reprise]. There shall be a written grievance procedure, which shall he explained and made available to youth, which allows for at least one (I) level of appeal. (Reference 331 or 706.) MONITORING MECHANISM The Superintendent, Facilities Residential Administrator or Regional Director and Ombudsman shall monitor these activities. r- 4 For; :03 SC Supervisory Con?rance -- . 0 New" 9 Common weak}: of K3 - ?r "Lu; *0 (ft? Depamnent of Juvenile Jus 4) Administrative .9me2: Q: 6A SUPERVISORY CONFERENCE cg/C? (53C . . ,5 Facility/Of?ce: Lincoln Village YDC 1? RJDC Region: CENTRAL Employee?s Name: Reginald Windham Employee?s SSN: Date of Conference: Q??lob Date of Last Conference?s): MIA Issue: Time Attendance Peor Work Performance [1 Misconduct El Other (Specify): Medication Error Has the employee received a supervisory conference for a similar violation(s)? Yes No Ifyes, attach a copy of the prior supervisory conference. Speci?cs of Incident: Staff failed to Sign MAR to verify if youth received or did not receive medications at the appropriate times What happened: After receiving an e?mail from the Charge Nurse that the MAR had not been initialed on several residents Mr. Williams was contacted and the were investigated to discover that initials were missing from staff. - When did this occur: Date: March 06 Time: Ba When did it happen: Form Review - October 2004 1 I Form 1?03 SC - Supervi?sory Conference ewks Who was involved: Who witnessed the incident: Supporting Documentation: (Attach any of the following documents): Timesheets Log Reports Incident Reports Witness Statements Copies of all Specific Policies and/or violated: 407, Health Services S.O.P. 13?02, Health Service Protocol Manual Chapter Administation of Medications Subsections GB 6E. Other Written Evidence: Copies of the MAR Recommended Corrective Action: (List specific steps the employee needs to accomplish in order to improve their performance or behavior): Youth Worker will receive remedial training on passing of medications with Medical staff present and follow and Policies and Procedures. Target Date for Improvement: (Specify Date) 04/93/06 Other Issues Discussed: (items separate from the Incident) . x? ?5 Employee ReSponse. 07% cit/CF ae?g {Lac/j? 52/? 259 Employee Signature: Date: 4; Supervisor Signature: Date: arm Review October 2004 2 (5021mm! SWEET FORMS . (I) ION ADMINISTRATION RECORD KENTUCKY JUVENILES - - 51' 'jffi-I-S?F" . Y. -. r?hIIn?ll If kg - A I NURSES ORDERS, MEDICATION WTES. 0H REVERSE SIDE mm FUR . mmga? A mmn?mwm IMedicaJ gamma. mm We: . NKKI W. .. . .H. mag-min Mi? 1_ 0,319: 7 . . I n?u?W CHAPTER: ADMINISTRATION OF MEDICATIONS SUBSECTION 6B. DJJ MEDICATION ADMINISTRATION SYSTEM DI SCUSSION: A medication administration system is utilized and supervised to maintain control over all medications distributed in all Department of Juvenile Justice programs. This system addresses the storage, administration and documentation of medications. The following general information is to be reviewed by all staff before proceeding, with the exception of Day Treatment staff who shall refer to instructions on page 6-12 of this section. 1. Every facility which stores or dispenses medications shall be equipped with a locked medicine or storage cabinet. Strict control will be maintained over the keys to locked cabinet and those with access to it. Records of key control will be maintained. All medications given to youth are recorded on the youth's individual Medication Administration Record, usually referred to as the MAR. Each facility may choose the actual format used, but all will contain certain vital information: 3* ,Full name of the youth 5e Allergies Name of the medication to be given as it appears on the unit dose card Dose and route of administration Times to be given orderedfdate - .1 . tii?f?tiirgadatee at} The medical record will contain a list of hill signatures with initials and titles of all staff trained in Health Services Protocol. Only those staff are allowed to give medication. Method to document medications including date, time, staff name and youth?s response to the medication Please see Subsection 6B of this chapter for more information regarding documentation. Q. Chapter so . . .. .. -. .. HFH. .- .. . .. CHAPTER: ADNIINISTRATI 0N OF MEDICATION SUBSECTION: 6E. DOCUNIENTATION 0F MEDICATIONS DISCUSSION: 1 The following are general steps to document administration of medications into the MAR by the facility nurse or designated staff. PROCEDURES: 1. Use black ink for all documentation in records. Never erase or use ?White-out? in medical records. If an error is made, cross it outwith a single line so that the error i can still be read, and write ?error? and initials clearly, and date. Write the correct information below the error. 3. Record and report any unusual reactions observed in the resident after the administration of the medications. Record staff actions as- a result of this observation. 3/13/00 Example: ?10:30 am. 61499-9 I observed John Jones scratching his arm after being given new antihistamine according to physician?s order at 9:30 am. I observed a ?ne red rash under the skin of both arms and chest. I checked the MAR and the Health Services Protocol Manual and found that this is sometimes a of an allergic reaction. Chapter 6-20 3 JUSTICE CABINET REFERENCES: OF JUVENILE JUSTICE POLICY AND PROCEDURES 0-08 13 17 17-22; 29 CHAPTER: Health and Safety Services AUTHORITY: KRS 15A.065 SUBJECT: Pharmaceuticals POLICY NUMBER: DJJ 487 TOTAL PAGES: 4 DATE ISSUED: 05/15/03 EFFECTIVE DATE: APPROVAL: Ronald L. Bishop COMIMISSIONER 1. POLICY Each Department of Juvenile Justice program shall comply with all applicable state and federal regulations. regarding prescribing, distributing, administezing, procuring, and disposal of pharmaceuticals. Only personnel who have received training in the administration of medication shall perform the administration of medication. 11. APPLICABILITY This policy shall apply to all DJJ operated or contract programs providing services to youth probated, sentenced or committed to, or placed in the care and custodyiof, the Department of Juvenile Justice. 111. DEFINITIONS A. ?Dispensing? means the issuance of one or more doses of a prescribed medication in containers that are correctly labeled to indicate the name of the patient, the contents of the container, ahd all other vital infonnation needed to facilitate correct drug administration. State law controls the scape or authority ofa physician or other clinicians dispensing medications. B. ?Disposal? means the destruction of medication upon the discharge of the near from the facility or the provision of the discharged youth with the medication prescribed, in line with the con?nuity-of-care principle. When the facility uses the sealed, prepackaged unit dose system, unused portions shall be returned tothe pharmacy. C. ?Formulary? means -a written list of prescription and nonprescription medications available to authorized prescribers. This shall not restrict prescriptions of medication generated by community health care providers; NUMBER ISSUE DATE EFFECTIVE DATE PAGE NUMBER NJ 407 05/15/03 07/15/03 2 of 4 however, these shall be subject to review and approval by the responsible physician. D. ?Medication Administration? means the act in which a single dose of an identi?ed drug is given to a patient. E. ?Medication Distribution" means the system for delivering, storing, and accounting for drugs ?ood the source of supply to the nursing station point where they are administered to the patient. F. ?Procurement? means the system for ordering medications for the facility. IV. PROCEDURES: A. Each prescription ordered by the facility physician or Advanced Registered _Nurse Practitioner shall be ?lled by a registered pharmacist using the unit dose system. B. Medication, Whether over-the-counter or prescription, shall be picked up by the charge nurse or designee or delivered by the pharmacy. C. Upon arrival at the facility, the medication shall be counted by the Registered Nurse or designee to determine the correctness of the order. Inventory of all prescription medications shall be conducted at least weekly by the charge nurse or 'designee. Discrepancies shall be investigated and an incident report completed for unaccounted medication. Serious discrepancies shall be reported to the Medical Director or designee. Documentation shall be maintained by the Registered Nurse or design-lee. D. The Registered Nurse or designee shall record the prescription inforrnatioa (dosage, time, etc.) on the Medication Administration Record MAR). The MAR has the name of the youth, allergies, and other related information written on the MAR form including the start and stop dates. Unless otherwise stated, medication orders shall be reviewed every 30 days by the physician, Advanced Registered Nurse Practitioner or Physician Assistant The nurse shall inform the prescriber prior to expiration dates. E. The facility Registered Nurse shall be responsible for all aspects of medication administration including handling, measuring, and storing all, medications. Youth Workers may assist in the limited role of administering medications. POLICY NUMBER pm 407 EFFECTIVE DATE 07/15/03 ISSUE DATE 05/15/03 3 of 4 Kentucky Board of Nursing, which includes the administration of medications and common side effects. Health-trained staff shall receive an annual medication update at a minimum of two (2) hours. Additionally, health? trained staff shall receive certi?cation in Red Cross approved Standard First aid and CPR. ReferenceDHPP 504. The assigned healthm'ained staff shall sign oat the keys to the medications, establishing accountability for security and administration of medications Youth Workers shall not repackage, measure 01' diSpense medications and shall be supervised by the facility Registered Nurse. Staff administe?ng medication shall initial the MAR each time a dose is administered. The signature of each person administering medication to a particular youth shall be maintained either on the MAR itself or on a master list. Known side effects of medication shall be listed with the MAR for staff lme'wledge. Drugs requiring re?igeration shall be kept in a refrigerator in the meant? the facility where medication is stored. This area shall be kept locked at all times except when administering that particular medication. The temperature in the re?igerator shall be logged daily. All medications shall be stored under proper conditions of sanitation, temperature, light, moisture, ventilation, segregation and security. Drugs for topical use shall be kept separate from the medication administered for ingestion. The Registered Nurse or L.P.N. shall monitor and oversee the use of all pharmaceuticals in the facility by the following methods: 1. Verifying the medication on hand. 2. On weekends or at any other times when a nurse is not available, the administration of medication shall be monitored and given by health- trained sta?'. . 3. Conducting and recording a daily MAR review as part of the Continuous Quality Assurance Program. The facility nurse shall ensure that controlled substances are double locked and counted daily on the Controlled Substance Log. Any unused controlled substances shall be dispoSed of by returning them to the pharmacy. The Registered Nurse or designee shall make a list of the drugs to be disposod of and have that list veri?ed by participating phat-niacist. PAGE NUMBER {a POLICY NUBIBER ISSUE DATE DJJ 407 I EFFECTIVE DATE 05/15/03 07/15/03 4 0f 4 PAGE NUMBER I The diaposal of non-controlled substances, including outdated, discontinued or recalled medication shall. be accomplished in the same fashion as controlled substances. drugs shall be used only under the direction of the and only if clinically indicated as one facet of a program of therapy. Documentation of administration of drugs shall be performed in the same manner as with all prescription medication. medications shall not be prescribed for disciplinary reasons. Youth shall not prepare, dispense or administer medication, except for: 1) self medication programs approved by the Medical Director, the Registered Nurse and the facility Superintendent; or 2) medication necessary for the emergency management of a condition. In accordance with DJIPP 427.1, the use of needles and syringes for any reason shall be documented. A perpetual inventory shall he maintained for accountabilim The inventory shall be audited weekly to ensure accuracy. I A registered pharmacist shall conduct pharmacy audits at each DH facility annually. An adequate and preper supply of antidotes and other emergency medications shall be readily available. The poison control Center telephone number shall be posted in conspicuous areas throughout the facility. Material Safety Data (MSD) sheets shall be available in areas Where overdoses or toxicological emergencies are likely (Reference DIJPP 428). MONITORING MECHANISM This policy shall be monitored by the Medical Director and the Mental Health Director or designees. The MARS shall also be monitored as part of the regularly scheduled Quality Assurance reviews and routinely reviewed by the Registered Nurse. DEPARTMENT OF REFERENCES: JUVENILE JUSTICE 407 HEALTH SERVICES STANDARD OPERATING POLICY AND PROCEDURES Formerly v-29 SUBJECT: Pharmaceutical Operations POLICY NUMBER: 13-0 1 TOTAL PAGES: 4 DATE REVISED: 11/15/04 EFFECTIVE DATE: 3/1/05 APPROVAL: . MEDICAL DIRECTOR I. POLICY Each program shall comply with all applicable state and federal regulations regarding prescribing, dispensing, administering, procuring, storing and diSposal of pharmaceuticals. Pharmaceutical operations are suf?cient to meet youth and facility needs. DEFINITION A. Accounting is the act of recording, analyzing, verifying, and reporting medication usage. B. Administering medication is the act in which a single dose of an identi?ed drug is given to a patient. C. DEA-controlled substances are the medications that come under the jurisdiction of the Federal Controlled Substances Act. D. Dispensing is the placing of one or more doses of a prescribed medication into containers that are correctly labeled to indicate the name of the patient, the contents of the container, and all other vital information. E. Disposal is the destruction of medication on its aspiration date or when retention is no longer necessary or suitable upon the discharge of the youth from the facility). or the provision of medication to the former juvenile or legal guardian upon his or her discharge from the facility (in accordance with the continuity-cheats: principle). F. Distribution is the system for delivering, storing, and accounting for medications from the source of supply to the point where they are administered to the youth. G. A formt?aty is a written list of prescription and nonprescription medications that are ordinarily available to authorized presczibers, including consultants, working for the facility. . J. mm} POLICY . NUMBER Deal EFFECTIVE DATE 3/1/95 REVISED 11115104 2 0f 4 H. A. Procuring is the act of ordering medications for the facility. PROCEDURE Each prescription ordered by the facility physician or Advanced Registered Nurse Practitioner shall be ?lled by a registered pharmacist using the unit dose system. All medications are administered upon the order of ?a physician, physician assistant, or ARNP. Medication, whether over-the?counter or prescription, shall be picked up by the charge nurse or designee or delivered by the pharmacy. Upon arrival at the facility, the medication shall be counted by the charge nurse or designee to determine correctness of the order. A weekly inventory of all prescription medications shall be conducted by the charge nurse or designee. Discrepancies shall be investigated and an incident report completed for unaccounted medication. Serious discrepancies shall be reported to the Medical Director or designee. Documentation shall be maintained by the charge nurse or designee. A copy of incident reports involving medication errors shall be forwarded to the Medical Director. The charge nurse shall record the prescription information (dosage, time, etc.) on the Medication Administration Record (MAR). The MAR has the name of the youth, allergies, and other related infonnation written on the MAR form including the start and stop dates. Unless otherwise stated, medication orders shall be reviewed and/or renewed every 30 days by the physician, Advanced Registered Nurse Practitioner or Physician Assistant. The Charge Nurse or 34.x a- . 1.4; '5 est-"s designee shall audit weekly and shall inform the prescriber or designee prior to expiration dates. Only nurses and/or staff trained in the Health Services Protocol shall give medications and write on the MAR. The Health Service Protocol training is approved by the Kentucky Board of Nursing. The assigned health trained staff shall sign for keys to the medications, establishing accountability for security and administration of medications. Controlled substances shall be counted each time medicationkeys change hands 'partionlar;gy{outh "either on the MAR itself or assesses . . . ?3313-: .. .. as? dose 15 6? - aeews- . Mg: medication to a I . . PAGE NUMBER POLICY NUMBER REVISED 11/15/04 EFFECTIVE DATE 3/1/05 PAGE NUMBER 3 of4 G. Drugs requiring re?igeration are kept in a're?'igerator in the area of the facility where medication is stored. This area shall be kept locked at all times except when administering that particular medication. The temperature in the refrigerator is logged daily. The Charge Nurse or designee shall check medication containers for expiration dates. Medications identi?ed as expired or un?t for use shall be discarded. . All medications are stored under preper conditions of sanitation, temperature, light, moisture, ventilation, segregation and security. Drugs for topical use shall be kept separate from the medications for oral or injectable use. The facility charge nurse or L.P.N. shall monitor and oversee the use of all pharmaceuticals in the facility by the following methods: I 1. Verifying the medication on hand. Fats-any Tether ?whenjra'enurse medications shall?be'? o?f??re' Tend giVen?by zhwg??dlth- - 3. Conducting and recording a daily MAR review. The facility charge nurse shall ensure that controlled substances are double locked and counted each shi? and when medication keys change hands. Veri?cation that controlled substances were counted shall be documented on the facility controlled substance count sheet. When the count of controlled substances is inaccurate, the facility superintendent or- designee and the charge nurse shall be informed The shift supervisor and/or health-trained staff shall attempt to account for the missing medication. The results of the investigation shall he reported to the Superintendent or designee and the charge nurse or designee. An incident report shall be initiated by staff who discover the discrepancy. The charge nurse shall investigate and attempt to account for missing medications. The charge nurse shall complete the incident report, send a copy to the Medical Director and maintain a capy in the medical area. Serious discrepancies shall be reported by the charge nurse to the clinical nursing supervisor or designee. When controlled substances arrive at the facility, a Medication Receipt and Release Form shall be completed. After the medications are counted, the form is signed by the DH staff receiving the medication. The original is placed in the youth record and a copy is maintained by the facility. When the medication is nansported by DH TranSportation Staif, the receiving and releasing staff shall count the medication and both staff shall sign the form. POLICY NUMBER REVISED 11/15/04 3/1/05 4 of 4 The transportation staff shall be provided a copy for their records. Each time the medication is received and released the form shall be completed and signed. . The disposal oi non-controlled substances, including outdated, discontinued or recalled medication, shall be accomplished in the same fashion as controlled substances. drugs are used only under the direction of the Documentation of administration of drugs shall be performed in the came manner as with all prescription medication. medications shall not be prescribed for disciplinary reasons. . Juveniles shall not prepare, dispense or administer medication, except for: 1) self medication programs approved by the Medical Director, the charge nurse and the facility Superintendent; or 2) medication necessary for the emergency management of a condition. . The use of needles and syringes for any reason shall be documented. A perpetual inventory shall be maintained for accountability. The inventory shall be audited weekly to ensure accuracy. . A registered pharmacist shall conduct pharmacy audits at each DH facility annually on a regular basis, not less than every six months. An adequate and proper supply of antidotes and other emergency medications shall be readily available. The poison control center telephone number shall be posted in conspicuous areas throughout the facility. Material Safety Data (MSD) sheets shall be available in areas Where overdoses or toxicological emergencies are likely. I MONITORING MECHANISM Monitoring shall be accomplished by the Medical Director or designee, the Director of Mental Health Services or designee, the pharmacy, the facility physician, and the facility charge nurse. EFFECTIVE DATE PAGE NUMBER DEPARTMENT OF REFERENCES: JUVENILE JUSTICE 407 HEALTH SERVICES STANDARD OPERATING POLICY AND PROCEDURES Formerly Y-29 SUBJECT: Medication Services POLICY NUMBER: D-02 TOTAL PAGES: 2 DATE REVISED: 11/15/04 EFFECTIVE DATE: 3/1/05 APPROVAL: MEDICAL DIRECTOR - I. POLICY Medication services are clinically appropriate and are provided in a timely, safe, and suf?cient manner. II. DEFINITION Medication" ?errors?3--include errors of giyi?i'g'EiiEdication: 1. to the wrong youth 2. at the wrong time i.e. more than 30 minutes before or after the ordered time. 3. by the wrong route giving drops by month or placing drops in the ear); 4. in the wrong dosage or; ??iissing ?Self?medication programs? means permitting responsible juveniles to carry and administer their own medications. PROCEDURE A. The re3ponsible physician determines prescriptive practices in facilities. B. Each prescription ordered by the facility physician or Advanced Registered Nurse Practitioner shall be ?lled by a registered phannacist using the unit dose system. All medications are administered upon the order of a Physician, Physician Assistant ARNP, or dentists only when clinically indicated. C. Medication, whether over?the?counter or prescription, shall be picked up by the charge nurse or designee or delivered by the pharmacy. D. Medications are prescribed only when clinically indicated. medications are not used for disciplinary anposes.) POLICY REVISED EFFECTIVE DATE PAGE NUMBER NUMBER 13-02 11/15/04 some 2 of 2 falls?inedichtion errors shall be reported to the Medical Director. Youth shall he referred to the nearest emergency room when the charge nurse or designee or the Medical Director determine it necessary. Youth shall be observed as directed by the charge nurse or designee for untoward effects. When the error is made by a health trained staff, the charge nurse or designee shall be informed. An incident report shall he completed for all medication errors, reviewed by the charge nurse or designer: and a copy submitted to the Medical Director. DH health?trained staff shall be counseled and/or receive education regarding the potential consequences of the Speci?c error. Trends in medication errors made by multiple staff shall be addressed dining annual HSP updates. IV. MONITORING MECHANISM Monitoring shall be accomplished by the Medical Director or designee, the Director of Mental Health Services or designee, the pharmacy, the facility physician, and the facility charge nurse. .