§ 9-28-301 - Inspections -- Timing -- Report -- Audit.
               	 		
9-28-301.    Inspections -- Timing -- Report -- Audit.
    (a)  In  order to assure that juveniles committed to facilities operated by or  under contract with the Division of Youth Services of the Department of  Human Services are not subject to unsafe and unsanitary living  conditions, the Director of the Department of Human Services or a duly  authorized agent is authorized to enter the controlled premises and  conduct random and unannounced health inspections of the facilities.
(b)    (1)  Inspections shall include, but shall not be limited to, compliance with:
            (A)  Rules pertaining to general sanitation;
            (B)  Rules pertaining to retail food establishments;
            (C)  The Arkansas Mechanical Code of the Department of Health;
            (D)  The Arkansas Plumbing Code and the Arkansas Natural Gas Code of the Department of Health;
            (E)  Rules of the Arkansas State Board of Pharmacy; and
            (F)  Rules pertaining to controlled substances.
      (2)  If  the youth services facility is not accredited by the Commission on  Accreditation for Corrections, the inspection shall also include  compliance with the health and safety standards contained in the  applicable American Correctional Association Standards manual, as in  effect on January 1, 2005.
(c)  The  inspections, while random, shall be performed at least two (2) times per  calendar year with specific follow-up inspections by the Department of  Health to monitor deficiencies and corrections as determined by the  Department of Health.
(d)  The  Department of Human Services shall adopt the standards in effect on  January 1, 2005, published by the American Correctional Association in  cooperation with the Commission on Accreditation for Corrections as it  relates to health concerns.
(e)    (1)  The  Director of the Department of Health shall present a list of findings  of the random health inspections to the House Committee on Aging,  Children and Youth, Legislative and Military Affairs and the Senate  Interim Committee on Children and Youth within one (1) month after  completing the random health inspections.
      (2)    (A)  In  the event the General Assembly is in session, the Director of the  Department of Health shall provide the report to the House Committee on  Aging, Children and Youth, Legislative and Military Affairs and the  Chair of the Senate Committee on Children and Youth.
            (B)  The complete report, including, but not limited to, statistics shall be made available to the public.
(f)    (1)  The  Director of the Department of Human Services or the division shall file  the report, along with a response not to exceed two (2) pages, to the  House Committee on Aging, Children and Youth, Legislative and Military  Affairs and the Senate Interim Committee on Children and Youth within  thirty (30) days after receiving an inspection report prepared by the  Department of Health.
      (2)  In the  event the General Assembly is in session, the Director of the Department  of Human Services shall provide the response to the House Committee on  Aging, Children and Youth, Legislative and Military Affairs and the  Chair of the Senate Committee on Children and Youth.
      (3)  The  response shall include a plan of correction and suggest a means by  which the Department of Human Services or the division will correct any  deficiencies within thirty (30) days of the filing of the report or  within the time frame determined by the Department of Health to ensure  the health and safety of the juveniles housed at the facility.
(g)    (1)  The  Department of Human Services or the division shall develop an internal  audit and review to evaluate and monitor all facilities of the division.
      (2)  The  Department of Health will cooperate in training or assisting the  Department of Human Services or the division in developing the process  as it relates to health concerns.
      (3)  Included  in its quarterly performance reports, the Department of Human Services  or the division shall report on its progress to the House Committee on  Aging, Children and Youth, Legislative and Military Affairs and the  Senate Interim Committee on Children and Youth.
      (4)  In  the event the General Assembly is in session, the Director of the  Department of Human Services shall provide the report to the House  Committee on Aging, Children and Youth, Legislative and Military Affairs  and the Chair of the Senate Committee on Children and Youth.
(h)  The  Director of the Department of Human Services shall be required to close  any facility when deficiencies are deemed by the Department of Health  to be a danger to the health or safety of juveniles housed at such a  facility.
(i)  The Department of  Human Services shall reimburse all expenses and costs to the Department  of Health necessary to carry out the provisions of this subchapter.
(j)  Those  facilities operated under contract with the division that are required  by another provision of state or federal law to be inspected shall not  be subject to the provisions of this subchapter.