Common use of Placement Exception Clause in Contracts

Placement Exception. If the placement requires an exception request approval from the MDHHS Division of Child Welfare Licensing (DCWL), the JJS/Child Case Worker must make the exception request. If the exception request is approved and the placement is made, any extensions to that approval will be requested by the JJS/Child Case Worker. If an exception request is required, the Contractor must not admit the youth to their facility until the exception request is approved. Exceptions must be required: i. For youth who are nonoffenders, abuse/neglect youth without a delinquency charge and status offenders (youth charged or adjudicated for AWOL, incorrigibility, truancy, minor in possession, runaway). Juvenile Justice Program Office must also approve for placement to occur, ii. If the admission would cause the number of MDHHS youth accepted in the program to exceed the number of youth allowed by the contract, or iii. If the youth is outside the age range indicated on the approved JJAU Preferences. A Contractor that provides services in a non-secure setting under this contract may indicate in MiSACWIS/CCWIS assignment “not accepted” if circumstances exist at their facility that would place the youth, other youth or staff’s safety at risk. The Contractor must provide a detailed explanation as to the circumstances that exist at the facility that prevents the Contractor from admitting the assigned youth based on safety concerns. Prior to doing so, the Contractor must make contact with the JJAU to determine if the concerns can be mitigated (See the Juvenile Justice Assignment Unit No Reject/No Eject frequently asked questions on the MDHHS public website under Guides). A refusal cannot be based on the youth’s diagnosis, acuity, criminal or sexual offender status, race, color, religion, national origins, sexual orientation, gender identity, linguistic or cultural needs, or previous negative outcomes or experiences with this youth. If the non-secure Contractor is not able to make a decision about the safety of the youth, other youth or staff based on the information available in the MiSACWIS/CCWIS, the Contractor must contact the JJAU within one working day and request more information. Additional information may be forwarded to supplement the information in the MiSACWIS/CCWIS if necessary. If the non-secure Contractor wants to interview the youth for an assessment to assist in making a safety decision prior to deciding to accept the youth for placement, the Contractor must contact the JJS within one working day to interview the youth and/or family. The interview by the Contractor must occur at the current placement of the youth or other location agreed upon with the JJS/Child Case Worker. If a non-secure provider does not accept an assignment based on safety and the Contractor has received any supplemental hard copy information, those documents are confidential and must be returned immediately to JJAU unless there is a request to retain them from the JJS or JJAU.

Placement Exception. If the placement requires an exception request approval from the MDHHS Division of Child Welfare Licensing (DCWL), the JJS/Child Case Worker must make the exception request. If the exception request is approved and the placement is made, any extensions to that approval will be requested by the JJS/Child Case Worker. If an exception request is required, the Contractor must not admit the youth to their facility until the exception request is approved. Exceptions must be required: i. a) For youth who are nonoffenders, abuse/neglect youth without have not been adjudicated of a delinquency charge offense and status offenders (youth charged who are state or adjudicated for AWOL, incorrigibility, truancy, minor in possession, runaway). Juvenile Justice Program Office must also approve for placement court wards due to occurneglect or abuse, ii. b) If the admission would cause the number of MDHHS youth accepted in the program to exceed the number of youth allowed by the contract, or iii. c) If the youth is outside the age range indicated on the approved JJAU Preferences. A Contractor that provides services in a non-secure setting under this contract may indicate in MiSACWIS/CCWIS MiSACWIS assignment “not accepted” if circumstances exist at their facility that would place the youth, other youth or staff’s safety at risk. The Contractor must provide a detailed explanation as to the circumstances that exist at the facility that prevents the Contractor from admitting the assigned youth based on safety concerns. Prior to doing so, the Contractor must make contact with the JJAU to determine if the concerns can be mitigated (See the Juvenile Justice Assignment Unit No Reject/No Eject frequently asked questions on the MDHHS public website under Guides)mitigated. A refusal cannot be based on the youth’s diagnosis, acuity, criminal or sexual offender status, race, color, religion, national origins, sexual orientation, gender identity, linguistic or cultural needs, or previous negative outcomes or experiences with this youth. If the non-secure Contractor is not able to make a decision about the safety of the youth, other youth or staff based on the information available in the MiSACWIS/CCWIS, the Contractor must contact the JJAU within one working day and request more information. Additional information may be forwarded to supplement the information in the MiSACWIS/CCWIS MiSACWIS if necessary. If the non-secure Contractor wants to interview the youth for an assessment to assist in making a safety decision prior to deciding to accept the youth for placement, the Contractor must contact the JJS within one working day to interview the youth and/or family. The interview by the Contractor must occur at the current placement of the youth or other location agreed upon with the JJS/Child Case Worker. If a non-secure provider does not accept an assignment based on safety and the Contractor has received any supplemental hard copy information, those documents are confidential and must be returned immediately to JJAU unless there is a request to retain them from the JJS or JJAU.