Oregon Department of Education - Oregon Achieves Together

Notice of Insufficient Language for Lexipol Policies – No Contact Requirement (34 USC 11133)

Oregon Department of Education sent this bulletin at 06/04/2021 05:00 PM PDT

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Greetings,

It has come to our attention that language provided through Lexipol’s “no-contact” policy may not adequately cover the Separation requirement under 34 USC 11133 Section 223(a)(12). This is because, according to the JJDP Act, an “officer’s presence” does not qualify as a mitigating factor for preventing contact between juveniles and adults. Policies which use such language should instead direct officers to remove the juvenile or adult from the area in the event of “brief or accidental” contact, and until separation can be re-established.

For more information, see Oregon Administrative Rules regarding compliance with the 2018 JJDP Act:

Definitions (OAR 423-155-0001);
Maintaining Compliance with Custody and Facility (OAR 423-155-0010); and
Technical Assistance for Institutions out of Compliance (OAR 423-155-0025).

For questions or comments, please call (503) 510-3606 or email YDD.ComplianceMonitoring@state.or.us

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