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 are not subject to unsafe and unsanitary living conditions, the Secretary 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 Secretary 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 Secretary 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 Interim 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 Secretary 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 Secretary 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 Interim 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 Secretary 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 Interim Committee on Children and Youth. (h) The Secretary 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.