Standards Governing

Juvenile Court Policies on

the Human Immunodeficiency Virus

 

 

 

              I.      Each Juvenile Court shall establish written policies regarding the Human Immunodeficiency Virus (HIV) that balance the interests of juvenile clients, the community and staff.  These policies shall be incorporated into the appropriate policy manual of the Court and shall, at a minimum, include:

 

A.   training requirements for judges, juvenile probation officers, and other Juvenile Court employees;

 

B.   procedures to ensure confidentiality of information regarding clients or employees who have tested positive for the HIV infection which are consistent with the provisions of Act 148 of 1990, "The Confidentiality of HIV-Related Information Act," and amendments thereto.  At a minimum, these procedures must include provisions which govern:

 

1. the designation of persons who will be notified, and the procedure to be followed in such notifications, in the event a client or employee tests positive for the HIV infection;

 

2. notice to individuals or agencies who have or will have legal or physical custody of a juvenile who has tested positive for the HIV infection.

 

3. the maintenance of information regarding results of HIV testing.

 

C.   an education program, which includes appropriate written materials, for clients and their families regarding the prevention and transmission of the HIV infection;

 

D.     a policy statement identifying the circumstances and procedures, consistent with the provisions of Act 148 of 1990 and amendments thereto, under which clients and employees should be referred for testing to determine the presence of the HIV infection;

 

E.   procedures governing the delivery of services to clients who have tested positive for the HIV infection including a procedure for referral to health care providers when the presence of HIV infection is confirmed.  Such procedures shall comply with the provisions of Act 148 of 1990 and amendments thereto, governing the confidentiality of HIV information as well as with the provisions of the Americans with Disabilities Act, The Pennsylvania Human Relations Act, and other appropriate legislation governing the non-discriminatory provision of services.

 

F.           a policy statement regarding the rights of employees who have tested positive for the HIV infection as mandated by the Americans with Disabilities Act, The Pennsylvania Human Relations Act and other appropriate legislation governing the non-discriminatory treatment of employees.

 

G.          procedures governing blood or bodily fluid exposure for clients and employees consistent with guidelines issued by the Centers for Disease Control (CDC), Public Health Service, U.S. Department of Health and Human Services.

 

 

            II.      Each Juvenile Court shall ensure that their employees receive training, which is updated annually, regarding these policies and procedures, the HIV infection, its prevention and transmission, and the epidemiology of Acquired Immunodeficiency Syndrome (AIDS).

 

 

          III.      Each Juvenile Court shall ensure that appropriate programs and services for the treatment, supervision or rehabilitation of a juvenile who is confirmed to be HIV positive continue to be provided unless the juvenile’s medical condition would prohibit the provision of such services.  Such programs and services shall be delivered in compliance with the Americans with Disabilities Act, The Pennsylvania Human Relations Act, Act 148 of 1990 and amendments hereto, and other appropriate issuances governing discrimination and the confidentiality of HIV-related information.