state: FL

summary: PREA - Year 3 Cycle 4

raw_content:
PREA Facility Audit Report: Final
Name of Facility: Southwest Florida Regional Juvenile Detention Center
Facility Type: Juvenile
Date Interim Report Submitted: NA
Date Final Report Submitted: 12/31/2024
Auditor Certification
The contents of this report are accurate to the best of my knowledge.
No conflict of interest exists with respect to my ability to conduct an audit of the
agency under review.
I have not included in the final report any personally identifiable information (PII)
about any inmate/resident/detainee or staff member, except where the names of
administrative personnel are specifically requested in the report template.
Auditor Full Name as Signed: Robert Manville Date of Signature: 12/31/2024
AUDITOR INFORMATION
Auditor name: Manville, Robert
Email: robertmanville9@gmail.com
Start Date of On- 11/25/2024
Site Audit:
End Date of On-Site 11/26/2024
Audit:
FACILITY INFORMATION
Facility name: Southwest Florida Regional Juvenile Detention Center
Facility physical 2525 Ortiz Avenue, Fort Myers, Florida - 33905
address:
Facility mailing
address:
Primary Contact
Name: Rodney Goss
Email Address: rodney.goss@fldjj.gov
Telephone Number: 398961911
Superintendent/Director/Administrator
Name: Rodney Goss
Email Address: rodney.goss@fldjj.gov
Telephone Number: 2398961911
Facility PREA Compliance Manager
Name: Rodney Goss
Email Address: rodney.goss@fldjj.gov
Telephone Number: (239) 332-6927
Name: Krystal Anderson
Email Address: krystal.anderson@fldjj.gov
Telephone Number: (239) 332-6927
Name: Nissia Moore
Email Address: nissia.moore@fldjj.gov
Telephone Number: (772) 577-9052
Facility Health Service Administrator On-Site
Name: Vital Core
Email Address: kimberly.rose@fldjj.gov
Telephone Number: 2398961919
Facility Characteristics
Designed facility capacity: 60
Current population of facility: 45
Average daily population for the past 12 45
months:
Has the facility been over capacity at any No
point in the past 12 months?
What is the facility’s population Both womens/girls and mens/boys
designation?
Which population(s) does the facility hold?
Select all that apply (Nonbinary describes a
person who does not identify exclusively as
a boy/man or a girl/woman. Some people
also use this term to describe their gender
expression. For definitions of “intersex”
and “transgender,” please see
https://www.prearesourcecenter.org/
standard/115-5)
Age range of population: 15-16
Facility security levels/resident custody Secure
levels:
Number of staff currently employed at the 61
facility who may have contact with
residents:
Number of individual contractors who have 1
contact with residents, currently
authorized to enter the facility:
Number of volunteers who have contact 2
with residents, currently authorized to
enter the facility:
AGENCY INFORMATION
Name of agency: Florida Department of Juvenile Justice
Governing authority
or parent agency (if
applicable):
Physical Address: 2737 Centerview Drive, Tallahassee, Florida - 32399
Mailing Address:
Telephone number: 8504881850
Agency Chief Executive Officer Information:
Name: Eric S. Hall
Email Address: Eric.Hall@fldjj.gov
Telephone Number: 8504881850
Agency-Wide PREA Coordinator Information
Name: Jeff Wenhold Email Address: jeff.wenhold@fldjj.gov
Facility AUDIT FINDINGS
Summary of Audit Findings
The OAS automatically populates the number and list of Standards exceeded, the number of
Standards met, and the number and list of Standards not met.
Auditor Note: In general, no standards should be found to be "Not Applicable" or "NA." A
compliance determination must be made for each standard. In rare instances where an auditor
determines that a standard is not applicable, the auditor should select "Meets Standard” and
include a comprehensive discussion as to why the standard is not applicable to the facility being
audited.
Number of standards exceeded:
8
• 115.311 - Zero tolerance of sexual
abuse and sexual harassment; PREA
coordinator
• 115.312 - Contracting with other
entities for the confinement of
residents
• 115.331 - Employee training
• 115.333 - Resident education
• 115.381 - Medical and mental health
screenings; history of sexual abuse
• 115.382 - Access to emergency
medical and mental health services
• 115.383 - Ongoing medical and mental
health care for sexual abuse victims
and abusers
• 115.388 - Data review for corrective
action
Number of standards met:
35
Number of standards not met:
0
POST-AUDIT REPORTING INFORMATION
GENERAL AUDIT INFORMATION
On-site Audit Dates
1. Start date of the onsite portion of the 2024-11-25
audit:
2. End date of the onsite portion of the 2024-11-26
audit:
Outreach
10. Did you attempt to communicate Yes
with community-based organization(s)
or victim advocates who provide
No
services to this facility and/or who may
have insight into relevant conditions in
the facility?
a. Identify the community-based Advocacy Counseling and Treatment Center
organization(s) or victim advocates with (ACT)
whom you communicated:
AUDITED FACILITY INFORMATION
14. Designated facility capacity: 60
15. Average daily population for the past 42
12 months:
16. Number of inmate/resident/detainee 3
housing units:
17. Does the facility ever hold youthful Yes
inmates or youthful/juvenile detainees?
No
Not Applicable for the facility type audited
(i.e., Community Confinement Facility or
Juvenile Facility)
Audited Facility Population Characteristics on Day One of the Onsite
Portion of the Audit
Inmates/Residents/Detainees Population Characteristics on Day One of the Onsite Portion
of the Audit
18. Enter the total number of inmates/ 32
residents/detainees in the facility as of
the first day of onsite portion of the
audit:
19. Enter the total number of inmates/ 1
residents/detainees with a physical
disability in the facility as of the first
day of the onsite portion of the audit:
20. Enter the total number of inmates/ 1
residents/detainees with a cognitive or
functional disability (including
intellectual disability, psychiatric
disability, or speech disability) in the
facility as of the first day of the onsite
portion of the audit:
21. Enter the total number of inmates/ 1
residents/detainees who are Blind or
have low vision (visually impaired) in the
facility as of the first day of the onsite
portion of the audit:
22. Enter the total number of inmates/ 0
residents/detainees who are Deaf or
hard-of-hearing in the facility as of the
first day of the onsite portion of the
audit:
23. Enter the total number of inmates/ 0
residents/detainees who are Limited
English Proficient (LEP) in the facility as
of the first day of the onsite portion of
the audit:
24. Enter the total number of inmates/ 1
residents/detainees who identify as
lesbian, gay, or bisexual in the facility as
of the first day of the onsite portion of
the audit:
25. Enter the total number of inmates/ 0
residents/detainees who identify as
transgender or intersex in the facility as
of the first day of the onsite portion of
the audit:
26. Enter the total number of inmates/ 0
residents/detainees who reported sexual
abuse in the facility as of the first day of
the onsite portion of the audit:
27. Enter the total number of inmates/ 1
residents/detainees who disclosed prior
sexual victimization during risk
screening in the facility as of the first
day of the onsite portion of the audit:
28. Enter the total number of inmates/ 0
residents/detainees who were ever
placed in segregated housing/isolation
for risk of sexual victimization in the
facility as of the first day of the onsite
portion of the audit:
29. Provide any additional comments No text provided.
regarding the population characteristics
of inmates/residents/detainees in the
facility as of the first day of the onsite
portion of the audit (e.g., groups not
tracked, issues with identifying certain
populations):
Staff, Volunteers, and Contractors Population Characteristics on Day One of the Onsite
Portion of the Audit
30. Enter the total number of STAFF, 52
including both full- and part-time staff,
employed by the facility as of the first
day of the onsite portion of the audit:
31. Enter the total number of 1
VOLUNTEERS assigned to the facility as
of the first day of the onsite portion of
the audit who have contact with
inmates/residents/detainees:
32. Enter the total number of 2
CONTRACTORS assigned to the facility as
of the first day of the onsite portion of
the audit who have contact with
inmates/residents/detainees:
33. Provide any additional comments No text provided.
regarding the population characteristics
of staff, volunteers, and contractors who
were in the facility as of the first day of
the onsite portion of the audit:
INTERVIEWS
Inmate/Resident/Detainee Interviews
Random Inmate/Resident/Detainee Interviews
34. Enter the total number of RANDOM 10
INMATES/RESIDENTS/DETAINEES who
were interviewed:
35. Select which characteristics you Age
considered when you selected RANDOM
INMATE/RESIDENT/DETAINEE Race
interviewees: (select all that apply)
Ethnicity (e.g., Hispanic, Non-Hispanic)
Length of time in the facility
Housing assignment
Gender
Other
None
36. How did you ensure your sample of Southwest Regional Juvenile Detention Center
RANDOM INMATE/RESIDENT/DETAINEE provided detention services for Lee and
interviewees was geographically surrounding counties as needed. All of the
diverse? detainees during the on site audit were from
this area of Florida. The auditor randomly
chose residents based on a representation of
gender, age, length of stay in the facility,
37. Were you able to conduct the Yes
minimum number of random inmate/
resident/detainee interviews?
No
38. Provide any additional comments There were no barriers to sampling. In
regarding selecting or interviewing interviews with the facility administrator and
random inmates/residents/detainees staff and learned that the large majority of
(e.g., any populations you oversampled, the residents at the facility had been in the
barriers to completing interviews, facility on multiple occasions. I oversampled
barriers to ensuring representation): for the youngest youth at the program due to
the age differences at the center during the
onsite audit.
Targeted Inmate/Resident/Detainee Interviews
39. Enter the total number of TARGETED 5
INMATES/RESIDENTS/DETAINEES who
were interviewed:
As stated in the PREA Auditor Handbook, the breakdown of targeted interviews is intended to
guide auditors in interviewing the appropriate cross-section of inmates/residents/detainees who
are the most vulnerable to sexual abuse and sexual harassment. When completing questions
regarding targeted inmate/resident/detainee interviews below, remember that an interview with
one inmate/resident/detainee may satisfy multiple targeted interview requirements. These
questions are asking about the number of interviews conducted using the targeted inmate/
resident/detainee protocols. For example, if an auditor interviews an inmate who has a physical
disability, is being held in segregated housing due to risk of sexual victimization, and disclosed
prior sexual victimization, that interview would be included in the totals for each of those
questions. Therefore, in most cases, the sum of all the following responses to the targeted
inmate/resident/detainee interview categories will exceed the total number of targeted inmates/
residents/detainees who were interviewed. If a particular targeted population is not applicable in
the audited facility, enter "0".
40. Enter the total number of interviews 1
conducted with inmates/residents/
detainees with a physical disability using
the "Disabled and Limited English
Proficient Inmates" protocol:
41. Enter the total number of interviews 1
conducted with inmates/residents/
detainees with a cognitive or functional
disability (including intellectual
disability, psychiatric disability, or
speech disability) using the "Disabled
and Limited English Proficient Inmates"
protocol:
42. Enter the total number of interviews 1
conducted with inmates/residents/
detainees who are Blind or have low
vision (i.e., visually impaired) using the
"Disabled and Limited English Proficient
Inmates" protocol:
43. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who are Deaf or hard-of-
hearing using the "Disabled and Limited
English Proficient Inmates" protocol:
43. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
43. Discuss your corroboration I spoke with every youth at the center during
strategies to determine if this the tour of the facility. During the tour none of
population exists in the audited facility the resident were hard of hearing when I
(e.g., based on information obtained spoke to them in normal voice. The medical
from the PAQ; documentation reviewed staff indicated they did not have anyone that
onsite; and discussions with staff and was hard of hearing.
other inmates/residents/detainees).
44. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who are Limited English
Proficient (LEP) using the "Disabled and
Limited English Proficient Inmates"
protocol:
44. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
44. Discuss your corroboration Every youth that I spoke to during the tour
strategies to determine if this and subsequent formal interviews were fluent
population exists in the audited facility in English.
(e.g., based on information obtained
from the PAQ; documentation reviewed
onsite; and discussions with staff and
other inmates/residents/detainees).
45. Enter the total number of interviews 1
conducted with inmates/residents/
detainees who identify as lesbian, gay,
or bisexual using the "Transgender and
Intersex Inmates; Gay, Lesbian, and
Bisexual Inmates" protocol:
46. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who identify as transgender
or intersex using the "Transgender and
Intersex Inmates; Gay, Lesbian, and
Bisexual Inmates" protocol:
46. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
46. Discuss your corroboration I interview every resident at the facility and
strategies to determine if this interview the medical, mental health, and
population exists in the audited facility administrative staff. No resident provided
(e.g., based on information obtained information that they were transgender, none
from the PAQ; documentation reviewed of the staff were aware of any youth that was
onsite; and discussions with staff and transgender and there were no transgender
other inmates/residents/detainees). resident on the VSAB database.
47. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who reported sexual abuse in
this facility using the "Inmates who
Reported a Sexual Abuse" protocol:
47. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
47. Discuss your corroboration I interview every resident at the facility and
strategies to determine if this interview the medical, mental health, and
population exists in the audited facility administrative staff. No resident provided
(e.g., based on information obtained information that they had been sexually
from the PAQ; documentation reviewed abused. There were no allegations of sexual
onsite; and discussions with staff and abuse at the center for the last 12 months.
other inmates/residents/detainees).
48. Enter the total number of interviews 1
conducted with inmates/residents/
detainees who disclosed prior sexual
victimization during risk screening using
the "Inmates who Disclosed Sexual
Victimization during Risk Screening"
protocol:
49. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who are or were ever placed
in segregated housing/isolation for risk
of sexual victimization using the
"Inmates Placed in Segregated Housing
(for Risk of Sexual Victimization/Who
Allege to have Suffered Sexual Abuse)"
protocol:
49. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
49. Discuss your corroboration The center does not utilize segregation to
strategies to determine if this house youth. There were 3 rooms that at one
population exists in the audited facility time were segregation rooms. However, the
(e.g., based on information obtained beds and toilet had been removed and the
from the PAQ; documentation reviewed area was used for storage.
onsite; and discussions with staff and
other inmates/residents/detainees).
50. Provide any additional comments No text provided.
regarding selecting or interviewing
targeted inmates/residents/detainees
(e.g., any populations you oversampled,
barriers to completing interviews):
Staff, Volunteer, and Contractor Interviews
Random Staff Interviews
51. Enter the total number of RANDOM 14
STAFF who were interviewed:
52. Select which characteristics you Length of tenure in the facility
considered when you selected RANDOM
STAFF interviewees: (select all that Shift assignment
apply)
Work assignment
Rank (or equivalent)
Other (e.g., gender, race, ethnicity,
languages spoken)
None
53. Were you able to conduct the Yes
minimum number of RANDOM STAFF
interviews?
No
54. Provide any additional comments No text provided.
regarding selecting or interviewing
random staff (e.g., any populations you
oversampled, barriers to completing
interviews, barriers to ensuring
representation):
Specialized Staff, Volunteers, and Contractor Interviews
Staff in some facilities may be responsible for more than one of the specialized staff duties.
Therefore, more than one interview protocol may apply to an interview with a single staff
member and that information would satisfy multiple specialized staff interview requirements.
55. Enter the total number of staff in a 9
SPECIALIZED STAFF role who were
interviewed (excluding volunteers and
contractors):
56. Were you able to interview the Yes
Agency Head?
No
57. Were you able to interview the Yes
Warden/Facility Director/Superintendent
or their designee?
No
58. Were you able to interview the PREA Yes
Coordinator?
No
59. Were you able to interview the PREA Yes
Compliance Manager?
No
NA (NA if the agency is a single facility
agency or is otherwise not required to have a
PREA Compliance Manager per the Standards)
60. Select which SPECIALIZED STAFF Agency contract administrator
roles were interviewed as part of this
audit from the list below: (select all that Intermediate or higher-level facility staff
apply) responsible for conducting and documenting
unannounced rounds to identify and deter
staff sexual abuse and sexual harassment
Line staff who supervise youthful inmates
(if applicable)
Education and program staff who work with
youthful inmates (if applicable)
Medical staff
Mental health staff
Non-medical staff involved in cross-gender
strip or visual searches
Administrative (human resources) staff
Sexual Assault Forensic Examiner (SAFE)
or Sexual Assault Nurse Examiner (SANE) staff
Investigative staff responsible for
conducting administrative investigations
Investigative staff responsible for
conducting criminal investigations
Staff who perform screening for risk of
victimization and abusiveness
Staff who supervise inmates in segregated
housing/residents in isolation
Staff on the sexual abuse incident review
team
Designated staff member charged with
monitoring retaliation
First responders, both security and non-
security staff
Intake staff
Other
If "Other," provide additional specialized Staff that provide mail services. Regional
staff roles interviewed: analysist assigned to assist the center for
PREA compliance.
61. Did you interview VOLUNTEERS who Yes
may have contact with inmates/
residents/detainees in this facility?
No
61. Enter the total number of 1
VOLUNTEERS who were interviewed:
61. Select which specialized VOLUNTEER Education/programming
role(s) were interviewed as part of this
audit from the list below: (select all that Medical/dental
apply)
Mental health/counseling
Religious
Other
62. Did you interview CONTRACTORS Yes
who may have contact with inmates/
residents/detainees in this facility?
No
62. Enter the total number of 2
CONTRACTORS who were interviewed:
62. Select which specialized Security/detention
CONTRACTOR role(s) were interviewed
as part of this audit from the list below: Education/programming
(select all that apply)
Medical/dental
Food service
Maintenance/construction
Other
63. Provide any additional comments The medical staff are contracting staff on a
regarding selecting or interviewing Statewide Contract for medical services.
specialized staff.
SITE REVIEW AND DOCUMENTATION SAMPLING
Site Review
PREA Standard 115.401 (h) states, "The auditor shall have access to, and shall observe, all areas
of the audited facilities." In order to meet the requirements in this Standard, the site review
portion of the onsite audit must include a thorough examination of the entire facility. The site
review is not a casual tour of the facility. It is an active, inquiring process that includes talking
with staff and inmates to determine whether, and the extent to which, the audited facility's
practices demonstrate compliance with the Standards. Note: As you are conducting the site
review, you must document your tests of critical functions, important information gathered
through observations, and any issues identified with facility practices. The information you
collect through the site review is a crucial part of the evidence you will analyze as part of your
compliance determinations and will be needed to complete your audit report, including the Post-
Audit Reporting Information.
64. Did you have access to all areas of Yes
the facility?
No
Was the site review an active, inquiring process that included the following:
65. Observations of all facility practices Yes
in accordance with the site review
component of the audit instrument (e.g.,
No
signage, supervision practices, cross-
gender viewing and searches)?
66. Tests of all critical functions in the Yes
facility in accordance with the site
review component of the audit
No
instrument (e.g., risk screening process,
access to outside emotional support
services, interpretation services)?
67. Informal conversations with inmates/ Yes
residents/detainees during the site
review (encouraged, not required)?
No
68. Informal conversations with staff Yes
during the site review (encouraged, not
required)?
No
69. Provide any additional comments The building is located at 2525 Ortiz Ave, Fort
regarding the site review (e.g., access to Myers, Florida. The center operates under one
areas in the facility, observations, tests roof. There is a front entrance staff for signing
of critical functions, or informal in and maintains securing to the secure area
conversations). of the facility. The facility has a control room
that houses an updated monitoring area in
which all cameras’ feed or on display to the
control room operator. The physical plant
consists of one main building and three
education portables. The main building
houses the lobby area; administrative area;
video surveillance control room and three
housing units. There are four room that are
used as storage that was originally designed
as isolation rooms. However, the beds and
toilets have been removed and they are used
as storage rooms.
Each housing unit has a PREA board that
includes the information for the Victim
Advocate program, PREA specific posters to
provide general information on sexual safe
facilities. Also it includes external advocacy,
and “internal hotline” information was
assessed while touring the facilities. Postings
(in English and Spanish) regarding PREA
violation reporting and the agency’s zero
tolerance policy for sexual abuse and sexual
harassment. There are Medical Request
Forms, PREA/grievance forms, and the locked
boxes for each are posted in the communal
area, accessible to all residents, staff, and
visitors. All residents have access to writing
utensils needed for completing the forms. All
housing units are under constant camera
surveillance.
The intake processing area includes a salle
port entry into this area. There are single
rooms located in this area that is also utilized
for time out or holding rooms for the general
population. There are private offices and a
changing room in this area. A PREA bulletin
board is in this area. There is a television
located in the intake area in which all
residents see a PREA video that is Southwest
Regional Juvenile Detention Center explaining
the PREA program at the facility. It is one of
several videos that intake staff use as a PREA
comprehensive training program, however it
is the first notification as soon as the resident
arrives at the facility prior to the intake
process.
The facility has two nurses that are assigned
to the facility to provide 12 hours of coverage
a day. They share a small examination room
and office area.
The education wing includes three portable
classrooms. The classrooms are in the process
of being replaced. There are cameras located
in each of the classrooms. The educational
services are funded by the Florida
Department of Education through the Lee
County School District
The visitation area can be accessed through
the front entrance and through the secure
area of the facility. The facility allows contact
visits. There are cameras located in the
visitation room as well as PREA Notices and
third-party reporting on the visitation room
bulletin board.
During the tour, the auditor reviewed PREA
related documentation and materials located
on bulletin boards, and pertinent log entries
made by staff who visit work and program
areas. Additional areas of focus during the
center tour included an assessment of limits
to cross-gender viewing (can residents
shower, dress, and use the bathroom facilities
without exposing themselves to employees of
the opposite gender). External advocacy and
“internal hotline” information was assessed
while touring the facilities. Postings (in English
and Spanish) regarding PREA violation
reporting and the agency’s zero tolerance
policy for sexual abuse and sexual
harassment were prominently displayed in all
living units, and throughout the center. The
tour revealed adequate staff coverage and
physical supervision.
During tour of the facility, posted signs were
also observed regarding Zero Policy for sexual
abuse or sexual harassment, ways of
reporting sexual abuse or sexual harassment,
Victim Services telephone number and
address, National Sexual Abuse Hotline,
Florida Child Abuse Hotline and Central
Communication Center (CCC) telephone
number. There was also a flyer that included
calling 911 in an emergency. Posting included
PREA brochure, End the Silence, and
additional PREA posters identified in the
standards. There was a total of 10 posters on
display throughout the facility. There is an
office that is utilized by the residents to make
these phone calls. The residents’ attorneys
and parent can utilize this same phone in
emergency or legal information. The auditor
called all the above numbers from a
telephone that is in a common area. All
telephone calls were answered. The call from
the CCC received a text message to the
facility administrator. The Child Abuse Hotline
staff indicated they would notify the local
Department of Children and Families and local
law enforcement when they receive a call.
Both parties indicated that residents and
family member can anonymously call the
hotline.
Residents observed interacting with staff
under staff’s direct supervision during dinner
time, leisure activities, and education
activities in the classrooms. Residents were
interviewed during the tour, and additionally
when the resident’s recreation time when the
auditor went on the yard and talked informally
with the residents. All residents indicated they
felt safe at the facility. Residents knew the
facility administrator and indicated he speaks
with them daily, including most weekends.
Staff were engaging with the auditor.
Documentation Sampling
Where there is a collection of records to review-such as staff, contractor, and volunteer training
records; background check records; supervisory rounds logs; risk screening and intake
processing records; inmate education records; medical files; and investigative files-auditors must
self-select for review a representative sample of each type of record.
70. In addition to the proof Yes
documentation selected by the agency
or facility and provided to you, did you
No
also conduct an auditor-selected
sampling of documentation?
71. Provide any additional comments The auditor requested some specific and
regarding selecting additional some random training files for employees.
documentation (e.g., any documentation The agency has developed a Skill Pro program
you oversampled, barriers to selecting with modules for general and specialized
additional documentation, etc.). training. All staff go through the general
training yearly. Ten staff training files were
reviewed.
The auditor requested random personnel
background checks and reviewed 8 employee
records and two contractor files. The
employee records included staff that had
been employed at the facility more than 5
years, staff that were promoted and staff
were employed in the last 12 months.
Personnel files check was completed and is
maintained on file in the personnel’s office.
The contractor’s files had the same email
indicating background clearance and
contained PREA training documentation.
Eight resident records were reviewed.
Included in the review were age, date of
arrival, date of initial PREA orientation, date of
comprehensive PREA training, initial
vulnerability Screening, rescreening as
needed based on staff interactions and
mental health referrals. A review of the
residential records also included resident
referrals for mental health or victim advocate
programs. The resident’s file contained
documentation of Intake Screening,
rescreening and formalized PREA education.
The auditor provided and reviewed the
resident alert notes reports.
The auditor requested PREA unannounced
rounds for specific weeks that are conducted
by intermediate and supervisory staff. The
rounds were for weekends and at night and
included a general description of PREA
standards. It also included a test of
telephones.
There were no investigative reports in the last
12 months.
SEXUAL ABUSE AND SEXUAL HARASSMENT ALLEGATIONS AND
INVESTIGATIONS IN THIS FACILITY
Sexual Abuse and Sexual Harassment Allegations and Investigations
Overview
Remember the number of allegations should be based on a review of all sources of allegations
(e.g., hotline, third-party, grievances) and should not be based solely on the number of
investigations conducted. Note: For question brevity, we use the term “inmate” in the following
questions. Auditors should provide information on inmate, resident, or detainee sexual abuse
allegations and investigations, as applicable to the facility type being audited.
72. Total number of SEXUAL ABUSE allegations and investigations overview during
the 12 months preceding the audit, by incident type:
# of allegations
# of
# of that had both
sexual # of criminal
administrative criminal and
abuse investigations
investigations administrative
allegations
investigations
Inmate- 0 0 0 0
on-
inmate
sexual
abuse
Staff- 0 0 0 0
on-
inmate
sexual
abuse
Total 0 0 0 0
73. Total number of SEXUAL HARASSMENT allegations and investigations overview
during the 12 months preceding the audit, by incident type:
# of allegations
# of sexual # of that had both
# of criminal
harassment administrative criminal and
investigations
allegations investigations administrative
investigations
Inmate-on- 0 0 0 0
inmate
sexual
harassment
Staff-on- 0 0 0 0
inmate
sexual
harassment
Total 0 0 0 0
Sexual Abuse and Sexual Harassment Investigation Outcomes
Sexual Abuse Investigation Outcomes
Note: these counts should reflect where the investigation is currently (i.e., if a criminal
investigation was referred for prosecution and resulted in a conviction, that investigation
outcome should only appear in the count for “convicted.”) Do not double count. Additionally, for
question brevity, we use the term “inmate” in the following questions. Auditors should provide
information on inmate, resident, and detainee sexual abuse investigation files, as applicable to
the facility type being audited.
74. Criminal SEXUAL ABUSE investigation outcomes during the 12 months preceding
the audit:
Referred Indicted/
Convicted/
Ongoing for Court Case Acquitted
Adjudicated
Prosecution Filed
Inmate-on- 0 0 0 0 0
inmate sexual
abuse
Staff-on- 0 0 0 0 0
inmate sexual
abuse
Total 0 0 0 0 0
75. Administrative SEXUAL ABUSE investigation outcomes during the 12 months
preceding the audit:
Ongoing Unfounded Unsubstantiated Substantiated
Inmate-on-inmate 0 0 0 0
sexual abuse
Staff-on-inmate 0 0 0 0
sexual abuse
Total 0 0 0 0
Sexual Harassment Investigation Outcomes
Note: these counts should reflect where the investigation is currently. Do not double count.
Additionally, for question brevity, we use the term “inmate” in the following questions. Auditors
should provide information on inmate, resident, and detainee sexual harassment investigation
files, as applicable to the facility type being audited.
76. Criminal SEXUAL HARASSMENT investigation outcomes during the 12 months
preceding the audit:
Indicted/
Referred
Court Convicted/
Ongoing for Acquitted
Case Adjudicated
Prosecution
Filed
Inmate-on- 0 0 0 0 0
inmate sexual
harassment
Staff-on- 0 0 0 0 0
inmate sexual
harassment
Total 0 0 0 0 0
77. Administrative SEXUAL HARASSMENT investigation outcomes during the 12
months preceding the audit:
Ongoing Unfounded Unsubstantiated Substantiated
Inmate-on-inmate 0 0 0 0
sexual
harassment
Staff-on-inmate 0 0 0 0
sexual
harassment
Total 0 0 0 0
Sexual Abuse and Sexual Harassment Investigation Files Selected for
Review
Sexual Abuse Investigation Files Selected for Review
78. Enter the total number of SEXUAL 0
ABUSE investigation files reviewed/
sampled:
78. Explain why you were unable to The center has not had an allegation of sexual
review any sexual abuse investigation abuse or sexual harassment made in the last
files: 12 months. This was verified by requesting
the PREA coordinator provided the auditor
with confirmation based on review of the
Central Communication Center secure
database. It was also determined by
interviews with all of the residents at the
center during the onsite audit and review of
the annual report.
79. Did your selection of SEXUAL ABUSE Yes
investigation files include a cross-
section of criminal and/or administrative No
investigations by findings/outcomes?
NA (NA if you were unable to review any
sexual abuse investigation files)
Inmate-on-inmate sexual abuse investigation files
80. Enter the total number of INMATE- 0
ON-INMATE SEXUAL ABUSE investigation
files reviewed/sampled:
81. Did your sample of INMATE-ON- Yes
INMATE SEXUAL ABUSE investigation
files include criminal investigations? No
NA (NA if you were unable to review any
inmate-on-inmate sexual abuse investigation
files)
82. Did your sample of INMATE-ON- Yes
INMATE SEXUAL ABUSE investigation
files include administrative No
investigations?
NA (NA if you were unable to review any
inmate-on-inmate sexual abuse investigation
files)
Staff-on-inmate sexual abuse investigation files
83. Enter the total number of STAFF-ON- 0
INMATE SEXUAL ABUSE investigation
files reviewed/sampled:
84. Did your sample of STAFF-ON-INMATE Yes
SEXUAL ABUSE investigation files
include criminal investigations? No
NA (NA if you were unable to review any
staff-on-inmate sexual abuse investigation
files)
85. Did your sample of STAFF-ON-INMATE Yes
SEXUAL ABUSE investigation files
include administrative investigations? No
NA (NA if you were unable to review any
staff-on-inmate sexual abuse investigation
files)
Sexual Harassment Investigation Files Selected for Review
86. Enter the total number of SEXUAL 0
HARASSMENT investigation files
reviewed/sampled:
86. Explain why you were unable to The center has not had an allegation of sexual
review any sexual harassment abuse or sexual harassment made in the last
investigation files: 12 months. This was verified by requesting
the PREA coordinator provided the auditor
with confirmation based on review of the
Central Communication Center secure
database. It was also determined by
interviews with all of the residents at the
center during the onsite audit and review of
the annual report.
87. Did your selection of SEXUAL Yes
HARASSMENT investigation files include
a cross-section of criminal and/or No
administrative investigations by
findings/outcomes?
NA (NA if you were unable to review any
sexual harassment investigation files)
Inmate-on-inmate sexual harassment investigation files
88. Enter the total number of INMATE- 0
ON-INMATE SEXUAL HARASSMENT
investigation files reviewed/sampled:
89. Did your sample of INMATE-ON- Yes
INMATE SEXUAL HARASSMENT files
include criminal investigations? No
NA (NA if you were unable to review any
inmate-on-inmate sexual harassment
investigation files)
90. Did your sample of INMATE-ON- Yes
INMATE SEXUAL HARASSMENT
investigation files include administrative No
investigations?
NA (NA if you were unable to review any
inmate-on-inmate sexual harassment
investigation files)
Staff-on-inmate sexual harassment investigation files
91. Enter the total number of STAFF-ON- 0
INMATE SEXUAL HARASSMENT
investigation files reviewed/sampled:
92. Did your sample of STAFF-ON-INMATE Yes
SEXUAL HARASSMENT investigation files
include criminal investigations? No
NA (NA if you were unable to review any
staff-on-inmate sexual harassment
investigation files)
93. Did your sample of STAFF-ON-INMATE Yes
SEXUAL HARASSMENT investigation files
include administrative investigations? No
NA (NA if you were unable to review any
staff-on-inmate sexual harassment
investigation files)
94. Provide any additional comments
regarding selecting and reviewing OIG maintains all investigative reports in the
sexual abuse and sexual harassment central communication center database that
investigation files. is password protect and considered a highly
restrictive database. The PREA coordinator
has access to this database. The auditor
interviewed the Florida Department of
Juvenile Justice PREA coordinator and ask they
review the database for the last three years.
SUPPORT STAFF INFORMATION
DOJ-certified PREA Auditors Support Staff
95. Did you receive assistance from any Yes
DOJ-CERTIFIED PREA AUDITORS at any
point during this audit? REMEMBER: the
No
audit includes all activities from the pre-
onsite through the post-onsite phases to
the submission of the final report. Make
sure you respond accordingly.
Non-certified Support Staff
96. Did you receive assistance from any Yes
NON-CERTIFIED SUPPORT STAFF at any
point during this audit? REMEMBER: the
No
audit includes all activities from the pre-
onsite through the post-onsite phases to
the submission of the final report. Make
sure you respond accordingly.
AUDITING ARRANGEMENTS AND COMPENSATION
97. Who paid you to conduct this audit? The audited facility or its parent agency
My state/territory or county government
employer (if you audit as part of a consortium
or circular auditing arrangement, select this
option)
A third-party auditing entity (e.g.,
accreditation body, consulting firm)
Other
Identify the name of the third-party Correctional Management and
auditing entity Communication Group
Standards
Auditor Overall Determination Definitions
• Exceeds Standard
(Substantially exceeds requirement of standard)
• Meets Standard
(substantial compliance; complies in all material ways with the stand for the relevant
review period)
• Does Not Meet Standard
(requires corrective actions)
Auditor Discussion Instructions
Auditor discussion, including the evidence relied upon in making the compliance or non-
compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions.
This discussion must also include corrective action recommendations where the facility does not
meet standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
Zero tolerance of sexual abuse and sexual harassment; PREA
115.311
coordinator
Auditor Overall Determination: Exceeds Standard
Auditor Discussion
Evidence relied upon in making
Department of Juvenile Justice Policy 1919 Prison Rape Elimination Act reivised 4/16/
2019
Agency Organization Chart
Facility Organization Chart
Interviews with
PREA coordinator
PREA compliance manager
115.311 (a):
The PAQ requires an agency shall have a written policy mandating zero tolerance
toward all forms of sexual abuse and sexual harassment and outlining the agency's
approach to preventing, detecting, and responding to such conduct.
Southwest Regional Juvenile Detention provided policy Department of Juvenile
Justice Policy 1919 Prison Rape Elimination Act revised 4/16/20192119
Procedures contained herein are designed to comply with applicable state and
federal laws and rules and are not meant to supersede or circumvent such laws or
rules.
DJJ has zero tolerance for any acts of sexual abuse, assault, misconduct or
harassment. Sexual activity between staff and juveniles, volunteers or contract
personnel and juveniles, and juvenile and juveniles are prohibited and subject to
administrative and criminal disciplinary sanctions.
1. DEFINITIONS
Agency — The Department of Juvenile Justice.
Agency Head — The Secretary of the agency.
Central Communications Center (CCC) — The DJJ unit charged with receiving reports
regarding incidents from all DJJ contracted and/or state-operated facilities, offices,
and programs and reporting the information to the proper authorities.
Contractor — A service provider who provides services on a recurring basis pursuant
to a contractual agreement with the agency.
Detention Center — A facility primarily used for the temporary confinement of youth
who have recently been arrested, detained, or are being transferred to or from a
court, jail, prison, residential facility, or other agency.
Direct Care Staff — Staff primarily responsible for the supervision and control of
youth in housing units, recreational areas, dining areas, and other program areas of
the facility.
Direct Staff Supervision — Supervision by direct care staff in the same room with,
and within reasonable hearing distance of, the youth.
Exigent Circumstances — Any set of temporary and unforeseen circumstances that
require immediate action in order to combat a threat to the security or institutional
order of a facility.
Facility — A place used by the agency or a contractor for the confinement of youth.
Facility Administrator — The principal official of a facility.
Florida Abuse Hotline — The entity in the Department of Children and Families (DCF)
that receives allegations of child abuse and neglect. Child Protective Investigators
conduct investigations of allegations of abuse and neglect.
Frisk Search — A running of the hands over the clothed body of a youth by staff to
determine whether the individual possesses contraband.
Page 1 of20 FD.JJ - 1919 Effective Date: 6/26/13 Revised Date: 11/14/13, 4/10/
14, 4/10/15, 4/16/19
Full Compliance — Compliance with all material requirements of each PREA
standard except for minimal violations, or discrete and temporary violations during
otherwise sustained periods of compliance.
Gender Nonconforming — A person whose appearance or manner does not conform
to traditional societal gender expectations.
Juvenile Justice Information System (JJIS) — The Department' s electronic
information system used to gather and store information on youth having contact
with the Department.
Intersex — A person who's sexual or reproductive anatomy or chromosomal pattern
does not seem to fit typical definitions of male or female. Intersex medical
conditions are sometimes referred to as disorders of sex development.
Medical Practitioner — A health professional who, by virtue of education,
credentials, and experience, is permitted by law to evaluate and care for patients
within the scope of his or her professional practice. A "qualified medical
practitioner" refers to such a professional who has also successfully completed
specialized training for treating sexual abuse victims.
Mental Health Practitioner — A licensed mental health professional who, by virtue of
education, credentials, and experience, is permitted by law to evaluate and care for
patients within the scope of his or her professional practice act. A "qualified mental
health practitioner" refers to a licensed mental health professional who has also
successfully completed specialized training for treating sexual abuse victims.
PREA Facility Compliance Manager — Position at each juvenile confinement facility
operated by the Department responsible for coordinating the facility's efforts to
comply with PREA standards.
PREA Statewide Coordinator — Position responsible for developing, implementing,
and overseeing the Department's efforts to comply with the PREA standards in all its
juvenile confinement facilities.
Prison Rape Elimination Act (PREA) — The United States Department of Justice final
rule of national standards to prevent, detect, and respond to sexual abuse and
sexual harassment in juvenile facilities. 42 U.S.C. 515601-15609 and 28 C.F.R. Part
115.
Residential Facility — A facility primarily used for the confinement of youth pursuant
to the juvenile justice system or criminal justice system.
Secure Juvenile Facility — A juvenile facility in which the movements and activities
of individual youth may be restricted or subject to control using physical barriers or
intensive staff supervision. A facility that allows youth access to the community to
achieve treatment or correctional objectives, such as through educational or
employment programs, typically will not be a secure juvenile facility.
Sexual Abuse by a Staff Member, Contractor, or Volunteer — Includes any of the
following acts, with or without consent of the youth:
1) Contact between the penis and the vulva or the penis and the anus,
including penetration, however slight;
2) Contact between the mouth and the penis, vulva, or anus;
3) Contact between the mouth and any body part where the staff
member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual
desire;
4) Penetration of the anal or genital opening, however slight, by a hand,
finger, object, or other instrument, that is unrelated to official duties or where the
staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify
sexual desire;
5) Any other intentional contact, either directly or through the clothing, of
or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is
unrelated to official duties or where the staff member, contractor, or volunteer has
the intent to abuse, arouse, or gratify sexual desire;
6) Any attempt, threat, or request by a staff member, contractor, or
volunteer to engage in the activities described in paragraphs l) - 5) of this section.
7) Any display by a staff member, contractor, or volunteer of his or her
uncovered genitalia, buttocks, or breast in the presence of a youth; and
8) Voyeurism by a staff member, contractor, or volunteer.
Sexual Abuse by a Youth — Includes any of the following acts, if the victim does not
consent, is coerced into such act by overt or implied threats of violence, or is unable
to consent or refuse:
1) Contact between the penis and the vulva or the penis and the anus,
including penetration, however slight;
2) Contact between the mouth and the penis, vulva, or anus;
3) Penetration of the anal or genital opening of another person, however
slight, by a hand, finger, object, or other instrument; and
4) Any other intentional touching, either directly or through the clothing,
of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person,
excluding contact incidental to a physical altercation.
Sexual Harassment — Includes:
1) Repeated or unwelcome sexual advances, requests for sexual favors, or
verbal comments, gestures, or actions of a derogatory or offensive sexual nature by
one youth directed toward another;
2) Repeated or unwelcome verbal comments or gestures of a sexual
nature to a youth by a staff member, contractor, or volunteer, including demeaning
references to gender, sexually suggestive or derogatory comments about body or
clothing, or obscene language or gestures.
Sexual Misconduct — Any act of sexual abuse and/or sexual harassment as defined
herein.
Staff — employee of the Department, an employee of a contracted provider, a
person contracted by a contracted provider.
FDJJ - 1919 Effective Date: 6/26/13 Revised Date: 11/14/13, 4/10/14, 4/10/15, 4/16/
19
Strip Search — A search that requires youth to remove or arrange some or all
clothing so as to permit a visual inspection of the youth's breasts, buttocks, or
genitalia.
Substantiated Allegation (Sustained) — An allegation where the preponderance of
evidence of the incident indicates that the incident subject violated existing
statutes, rule, or other regulatory guidance.
Transgender — A person whose gender identity (i.e., internal sense of feeling male
or female) is different from the person's assigned sex at birth.
Unfounded Allegation — An allegation where the preponderance of evidence of the
incident does not indicate that the incident subject violated existing statutes, rules,
or other regulatory guidance.
Unsubstantiated Allegation (Not Sustained) — An allegation where the
preponderance of evidence of the incident cannot be determined based on a lack of
facts or evidence that the incident subject violated existing statutes, rules, or other
regulatory guidance.
Volunteer — An individual who donates time and effort on a recurring basis to
enhance the activities and programs of the agency, state-operated or DJJ contracted
facility.
Voyeurism by a Staff Member, Contractor, or Volunteer — Observing a youth for a
purpose that is unrelated to official duties or where the staff has the intent to abuse,
arouse, or gratify sexual desire, such as peering at a youth who is using a toilet in
his or her cell to perform bodily functions; requiring a youth to expose his or her
buttocks, genitals, or breasts; or taking images of all or part of a youth 's naked
body or of a youth performing bodily functions.
Youth — Any person under the supervision or care of the agency.
• Policy 1919 Prison Rape Elimination Act maintains The Department
employs a designated PREA Statewide Coordinator who is responsible for the
development, implementation, and oversight of the agency's efforts to comply with
the PREA standards. Each facility operated by the Department shall designate a
PREA Facility Compliance Manager.
• All employees, contractors, juveniles, and volunteers are expected to
have a clear understanding that the Department strictly prohibits any type of sexual
relationship with an individual under Department supervision and considers such a
relationship a serious breach of the standards of employee conduct, and these
relationships will not be tolerated.
• Engaging in a romantic and/or sexual relationship may result in
employment termination and/or termination of the contractual or volunteer status,
or imposition of criminal charges.
• Program staff must take prudent measures to ensure the safety of
both youth and staff.
• Youth and staff who report sexual abuse or sexual harassment, or who
cooperate with sexual abuse or harassment investigations, are protected from
retaliation by other youth or staff. The facility compliance manager is responsible for
monitoring retaliation.
• Failure to comply with the requirements contained in this policy and
procedures may result in disciplinary action up to and including dismissal. All
terminations for violations of agency sexual abuse policy, or resignations by staff
who would have been terminated if not for their resignation, shall be reported to law
enforcement agencies, unless the activity was clearly not criminal. Termination shall
be the presumptive disciplinary sanction for staff who have engaged in sexual
abuse.
• All new contracts, amended contracts, or contracts renewed after the
effective date of this policy shall include the contracting entity's obligation to adopt
and comply with the PREA standards outlined in this policy, procedures, and any
subsequent administrative rule for any confinement services provided on behalf of
the Department. Contracted providers will be subject to PREA audits, including
contract monitoring, to ensure compliance.
In interview with the agency head, PREA coordinator and conducting a through sit
review it is obvious that the Florida Department of Juvenile Justice is committed to a
zero-tolerance standard for incidents of sexual abuse and sexual harassment. The
agency has developed and implemented policies to comply with PREA standards for
Juvenile Facilities. Southwest Regional Juvenile Detention Center (SRJDC) and other
stakeholders associated with SRJDC are committed to preventing, detecting, and
responding to sexual abuse and sexual harassment. Everyone has the right to be
free from sexual abuse, sexual harassment, neglect, and exploitation. This includes
not being subjected to sexually assaultive, abusive, and/or harassing behavior from
staff and other residents. Department of Juvenile Justice Policy 1919 PREA
establishes that all facilities, staff, residents, volunteers, contractors, or visitor are
committed to a zero-tolerance standard for incidents of sexual abuse and sexual
harassment. Residents with disabilities are afforded the same rights and will be
provided with access to interpreters, presented material to effectively communicate
with those residents who have intellectual disabilities, limited reading skills, blind or
have low vision. Residents will have access to interpreters who can interpret
effectively, accurately, and impartially, both receptively and expressively, using any
necessary specialized vocabulary. Interpreters will be provided through local
community resources. Residents with disabilities have equal opportunity to
participate in and benefit from all aspects Southwest Regional Juvenile Detention
Center’s efforts to prevent, detect, and respond to sexual abuse and sexual
harassment.
115.311 (b):
The PAQ requires an agency shall employ or designate an upper-level, agency-wide
PREA coordinator with sufficient time and authority to develop, implement, and
oversee agency efforts to comply with the PREA standards in all of its facilities.
The facility provided Policy 1919 Prison Rape Elimination Act, Agency organizational
chart and interview with PREA coordinator.
Policy 1919 Prison Rape Elimination Act includes The Department employs a
designated PREA Statewide Coordinator who is responsible for the development,
implementation, and oversight of the agency's efforts to comply with the PREA
standards. Each facility operated by the Department shall designate a PREA Facility
Compliance Manager.
Policy 1919 Prison Rape Elimination Act Florida Department of Juvenile Justice
employees a PREA Coordinator that oversees the efforts to comply with the PREA
standards in all Juvenile Facilities under the umbrellas of Division of Juvenile Justice.
The Agency organizational chart clearly established that the PREA coordinator
reports to the Division Director.
Interview with the PREA Coordinator. I have sufficient time and resources to oversee
the implementation or PREA standards. The Florida Department of Juvenile Justice
established a PREA Statewide Coordinator position in 2013 to oversee the
implementation of the PREA standards. My sole responsibility is PREA compliance
for our residential and detention facilities and I feel that I do have enough time to
manage those responsibilities.
As the FDJJ PREA Statewide Coordinator I do not have any PREA Compliance
Managers that report to me. Our residential facilities are contracted by private
providers and the PREA Compliance Managers report within the providers
organizational structure. In our detention facilities, the PREA Compliance Managers
are the facility Superintendents and they report to the respective Regional Director.
I have an excellent working relationship with all PREA Compliance Managers and
maintain open lines of communication. They know they can email or call me
anytime and I will always be responsive to them. I provide technical assistance,
documentation, and training as necessary to ensure all facilities in Florida are
compliant with the PREA juvenile standards. As a Certified DOJ PREA auditor, I have
access to many resources to assist with the compliance of the Juvenile PREA
standards.
In interview the PREA coordinator indicates he has sufficient time and authority to
develop, implement, and oversee agency efforts to comply with the PREA standards
in all of its facilities. He has the responsibility to conduct an assessment of all
private facilities and reviews and/or works with the private facilities to implement
any Corrective Action Plans based on his assessment and PREA audits conducted by
PREA certified auditors. The PREA coordinator for the Florida Department of Juvenile
Justice is a certified PREA auditor.
115.311(c)
The PAQ requires where an agency operates more than one facility, each facility
shall designate a PREA compliance manager with sufficient time and authority to
coordinate the facility's efforts to comply with the PREA standards.
The facility provided policy 1919 and Southwest Regional Detention Center
organization chart.
Policy 1919 Prison Rape Elimination Act Compliance allocates and mandates the
department employs a designated PREA Statewide Coordinator who is responsible
for the development, implementation, and oversight of the agency's efforts to
comply with the PREA standards. Each facility operated by the Department shall
designate a PREA Facility Compliance Manager.
The Southwest Regional Juvenile Detention Center (SRJDC) assigns responsibility to
the center superintendent the duties of the PREA compliance manager who works
for the regional DJJ supervisor.
The interview with the center PREA compliance manager indicated they had
sufficient time and authority to coordinate the facilities PREA efforts. One of the
center’s Captains is designated to assist the PREA compliance manager at
Southwest Regional Juvenile Detention Center. The Compliance Manager works with
the regional analysist and the PREA coordinator to accomplish all PREA related
tasks.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required.
115.312 Contracting with other entities for the confinement of residents
Auditor Overall Determination: Exceeds Standard
Auditor Discussion
Evidence relied upon in making
PREA Contract Language
PREA Contract and Monitoring Auditing
Florida Department of Juvenile Justice Contracts (32)
Department of Juvenile Justice Policy 1919 PREA
Completed PREA audits
Interviews with
PREA Coordinator
Agency Contracting Supervisor
The PAQ requires a public agency that contracts for the confinement of its residents
with private agencies or other entities, including other government agencies, shall
include in any new contract or contract renewal the entity's obligation to adopt and
comply with the PREA standards.
Policy 1919 All new contracts, amended contracts, or contracts renewed after the
effective date of this policy shall include the contracting entity's obligation to adopt
and comply with the PREA standards outlined in this policy, procedures, and any
subsequent administrative rule for any confinement services provided on behalf of
the Department. Contracted providers will be subject to PREA audits, including
contract monitoring, to ensure compliance.
The Agency Contracting Supervisor indicates through interview that contracts with
facilities to operate residential facilities in Florida include specific information to the
contractors of the requirements by the Florida Department of Juvenile Justice to
comply with the PREA Standards and participate in PREA audits.
The PREA website includes all private operated PREA audits. The practice was also
confirmed by completed PREA audit reports for this facility and other contract sites.
The State presently has 32 privately managed residential programs. All have
undergone PREA audits within the last 3 years.
Contract Language stipulates the Provider agrees to comply with all requirements
and standards of the Prison Rape Elimination Act (PREA) 42 U.S.C. §15601-15609
and 28 CFR Part 115 as outlined in FDJJ 1919 and 1919P (Revised 4/16/19).
Providers are subject to PREA compliance audits conducted by Department
designated third party certified PREA auditors.
PREA Coordinator indicated in interview that private providers are utilized for
specialized programs with youth assigned to the Department of Juvenile Justice. The
coordinator does an assessment each year and the FDJJ contracts with private
certified PREA audit to conduct an audit during each three year cycle. All private
providers audits are uploaded to the Florida website.
The Florida Department of Juvenile Justice PREA coordinator conducts an annual
PREA assessment of private juvenile facilities and provides this information to the
facility on a yearly basis. Southwest Regional Juvenile Detention Center is a State
operated facility and does not contract for services to house residents.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required.
115.313 Supervision and monitoring
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determinations
Daily Rosters PREA
Pre-Audit Questionnaire
Staffing Plan - PREA 2024
Staffing Plan - PREA 2023 (2)
Staffing Plan - PREA 2022
Unannounced Tours
Department of Juvenile Justice Policy FDJJ Policy 1919
Staff to youth ratio docs
Interviews
Facility Administrator
PREA Coordinator
PREA Compliance Manager
Intermediate staff that conduct unannounced rounds
313.313 (a):
The PAQ requires The agency shall ensure that each facility it operates shall
develop, implement, and document a staffing plan that provides for adequate levels
of staffing, and, where applicable, video monitoring, to protect residents against
sexual abuse. In calculating adequate staffing levels and determining the need for
video monitoring, facilities shall take into consideration: (1) Generally accepted
juvenile detention and correctional/secure residential practices; (2) Any judicial
findings of inadequacy; (3) Any findings of inadequacy from Federal investigative
agencies; (4) Any findings of inadequacy from internal or external oversight bodies;
(5) All components of the facility's physical plant (including "blind-spots" or areas
where staff or residents may be isolated); (6) The composition of the resident
population; (7) The number and placement of supervisory staff; (8) Institution
programs occurring on a particular shift; (9) Any applicable State or local laws,
regulations, or standards; (10) The prevalence of substantiated and unsubstantiated
incidents of sexual abuse; and (11) Any other relevant factors.
The center provided policy 1919, staffing assessment for the last three years, and
unannounced rounds documentation.
Policy 1919 requires Staffing plans are established for each individual residential
and detention center facilities. These plans provide for adequate levels of staffing,
and, where applicable, video monitoring, to protect youth against sexual
misconduct. In developing appropriate staffing plans and determining the need for
video monitoring for the facility the following must be taken into consideration:
Generally accepted juvenile detention and residential practices;
Any judicial findings of inadequacy; findings of inadequacy from Federal
investigative agencies or internal or external oversight bodies;
All components of the facility's physical plant (including "blind spots" or areas where
staff or youth may be isolated);
The composition of the youth population;
The number and placement of supervisory staff; vi. Institution programs occurring
on a particular shift; vii. Any applicable State or local laws, regulations, or
standards;
he prevalence of substantiated and unsubstantiated incidents of
sexual misconduct; and ix. Any other relevant factors.
a. Staffing ratios are to be adhered to except during limited and
discrete exigent circumstances and any deviations from the staffing plan shall be
fully documented.
b. At a minimum of once a year, each facility operated or contracted by
the Department, and in consultation with the Department's PREA Statewide
Coordinator, shall assess, determine, and document whether adjustments are
needed to:
i. The staffing plan; ii. Prevailing staffing patterns;
The deployment of video monitoring systems and other monitoring technologies;
and
The resources the facilities have available to commit to ensure adherence to the
staffing plan.
c. Intermediate-level or higher-level supervisors in Detention or
Residential facilities, as indicated on the facility table of organization, shall conduct
and document unannounced rounds to identify and deter staff sexual misconduct at
least twice a month. These rounds shall also be conducted during day and night
shift hours.
d. Staff are prohibited from alerting other staff members that these
supervisory rounds are occurring unless such an announcement is related to the
legitimate operational functions of the facility.
Each year the facility reviews staffing and the need for cameras, staffing or
rearranging the staffing plan to meet the required staff in order to maintain a safe
and secure operation. Their staffing plan’s annual reviews conducted in June 2024
were found to be in compliance with this standard. The staffing plan included: 1)
Generally accepted detention and correctional/secure residential practices. (2) Any
judicial findings of inadequacy. (3) Any findings of inadequacy from Federal
investigative agencies. (4) Any findings of inadequacy from internal or external
oversight bodies. (5) All components of the facility’s physical plant (including “blind
spots” or areas where staff or residents may be isolated). (6) The composition of the
resident population. (7) The number and placement of supervisory staff. (8)
Institution programs occurring on a particular shift. (9) Any applicable State or local
laws, regulations, or standards. (10) The prevalence of substantiated and
unsubstantiated incidents of sexual abuse; and (11) Any other relevant factors. The
facility did report deviation from the staffing plan during the past 12 months.
According to the PAQ the staffing plan is based on 95 residents. Based on
conversations with the PREA coordinator and facility administrator it was obvious
that the facility reviews all areas of the center for additional staffing or cameras
based on resident movement in order to meet the requirement of this standard. The
direct care staff were noted to be located throughout the center during the tour or
review of cameras monitoring. At least once every year, the agency or facility, in
collaboration with the PREA Coordinator, reviews the staffing plan to see whether
adjustments are needed to the staffing plan; prevailing staffing patterns; the
deployment of monitoring technology; or the allocation of agency or facility
resources to commit to the staffing plan, to ensure compliance with the staffing
plan.
313.314(b):
The PAQ requires the agency shall comply with the staffing plan except during
limited and discrete exigent circumstances, and shall fully document deviations
from the plan during such circumstances.
The facility provided has not had a deviation from the plan for the last 12 months.
The facility administrator provided a daily roster that indicates the staffing utilized
during the prior 24 hours.
The center had to pay overtime and utilize some non-essential staff in order to
provide staff that ensured appropriate staff were available to meet the mandatory
posts. The Florida Department of Juvenile Justice has instituted a daily staffing form
for documentation of deviation from the mandatory ratios that is provided in the
agency’s Share Drive. In the last 12 months the center had been no time when the
center did not meet the mandatory staffing requirements.
Randomly interviewed direct care confirmed that they are assigned based on
activities at each unit which will impact the staffing plan. The random staff stated
that the center does not count control operators toward meeting this requirement.
The facility administrator provided a daily roster that indicates the staffing utilized
during the prior 24 hours. The facility's plan strives to maintain staffing ratios of a
minimum of 1 staff to 8 residents during resident waking hours and 1 to 16 during
resident sleeping hours. The facility has had deviations in the ratios mandated by
FDJJ Policy 1919. These deviations are documented on the DJJ Share Drive. The
facility has a holdover and overtime pay program to provide coverage as required.
Staff interviewed indicated they are not allowed to abandon their post until properly
relieved.
Throughout the audit the auditor made rounds throughout the facility. The ratio
during the daytime was one to six on each visit. One tour for the overnight shift, the
ratio was 1 to 12 with the exception of one living unit which was 1 to 16.
115.313 (c):
The PAQ requires each secure juvenile facility shall maintain staff ratios of a
minimum of 1:8 during resident waking hours and 1:16 during resident sleeping
hours, except during limited and discrete exigent circumstances, which shall be fully
documented. Only security staff shall be included in these ratios. Any facility that,
as of the date of publication of this final rule, is not already obligated by law,
regulation, or judicial consent decree to maintain the staffing ratios set forth in this
paragraph shall have until October 1, 2017, to achieve compliance.
The facility provided policy 1919 and three annual staffing assessments. Daily
rosters and interviews with random staff.
FDJJ Policy 1919 - Juvenile Prison Rape Elimination Act mandates that the staffing
plan will be reviewed and approved by the PREA coordinator at least yearly. The
facility staffing plan for 2024 was submitted in June 2024. SRJDC conducts an
extensive review of all areas of facilities and assesses the need for additional
cameras, staff programing, and overall operation of the facility. During the tour of
the facility, the auditor found no blind spots or areas with residents present without
supervision.
The facility administrator indicated in interview that the facility uploads the number
of staff on duty, the number that is required to be on duty and the number of
residents assigned and any special programs or resident out to outside services.
The computerized staffing database is reviewed by the administrator every day. He
indicated that the PREA coordinator completes an annual assessment of the
staffing, incident reports, and blind spots. The annual assessment is signed by the
PREA coordinator and the facility administrator and forward to the Agency Head
through the regional office. The administrator indicated the center has not had a
deviation in the last 12 months. However, if there is a deviation he is required to
document and it is part of the staffing databased.
At SRJDC the facility administrator is also the PREA compliance manager.
The annual assessment includes all elements described in standard 313 (A) and is
signed by the PREA coordinator, facility director and regional supervisor.
115.313 (e):
The PAQ requires each secure facility shall implement a policy and practice of
having intermediate-level or higher-level supervisors conduct and document
unannounced rounds to identify and deter staff sexual abuse and sexual
harassment. Such policy and practice shall be implemented for night shifts as well
as day shifts. Each secure facility shall have a policy to prohibit staff from alerting
other staff members that these supervisory rounds are occurring, unless such an
announcement is related to the legitimate operational functions of the facility.
The center provided Policy 1919, unannounced rounds and interviews with
intermediate staff members.
Policy 1919 requires Facility administrator and PREA compliance manager to
conduct and document unannounced rounds on all shifts and all areas of the facility
to monitor and deter staff sexual abuse and harassment. Each shift supervisor
makes rounds several times during each shift. It is the policy of SRJDC that staff are
not informing other staff when the shift supervisor, facility manager or regional
administrators are making rounds. During the tour the auditor reviewed the
logbooks in all housing units and noted that the shift supervisor, and facility
administrator had signed to logbook a minimum of one a day for the last three
weeks excluding weekends. Shift supervisor signed the logbooks on each day
including weekends. FDJJ has developed a PREA form that is utilized to conduct
daily, weekly, and monthly unannounced rounds by administrative staff that is then
uploaded to the DJJ share drive.
All staff at the center receive the same training through Skill Pro modules 1 and 2.
Which are the requirement of act in the role of direct care staff members.
The Captains were interviewed as intermediate staff that conduct unannounced
rounds. They indicated they conduct rounds during differing shift, each day
including weekend and holidays. These rounds are documented. The Captains
indicated they don't tell staff when they arrive at the center or when they make
rounds. They indicated they vary the days and times.
Compliance was determined by review of policies, documentation, and interview
with staff. During the audit the auditor visited all areas of the facility throughout the
audit. During the visit the auditor counted the number of residents and number of
staff in each area. The facility meets the requirement of this standard during each
visit.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required.
115.315 Limits to cross-gender viewing and searches
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determinations
FDJJ Policy 1919 PREA - Searches Cross Gender viewing and searches.
Statement of Preference
Female and Male Announcements
Training in Cross gender -gender
LBGTQ Cross-gender and transgender pat searches
Training Video on Guidance on Cross Gender and LBGTQ searches
SRJDC Cross Gender Frisk Searches Training Roster
Staff interviews
Resident interviews
115.315 (a):
The PAQ requires the facility shall not conduct cross-gender strip searches or cross-
gender visual body cavity searches (meaning a search of the anal or genital
opening) except in exigent circumstances or when performed by medical
practitioners.
The center provided FDJJ Policy 1919 PREA - Searches Cross Gender viewing and
searches, Training Video on Guidance on Cross Gender and LBGTQ searches and
SRJDC Cross Gender Frisk Searches Training Roster
a. FDJJ Policy 1919 PREA - Searches Cross Gender mandates Staff shall
not search or physically examine a transgender or intersex youth for the sole
purpose of determining the youth's genital status. If the youth's genital status is
unknown, it may be determined during conversation with the youth, by reviewing
medical records, or, if necessary, by learning that information as part of a broader
medical examination conducted in private by a medical practitioner.
b. Staff shall not conduct cross-gender (opposite sex) strips searches or
cross-gender frisk searches.
Based on interviews with staff and residents there have been no cross- gender pat
down searches in the last 12 months. An intake staff member indicated that upon
admission to SRJDC, the resident is then taken to a private area by two staff of the
same gender as the resident. The residents are asked to remove their outer
garments, but not to remove their undergarments. The staff member then confirms
that there is no contraband visually and identifies any tattoos, scars, bruises, or
other marks.
Fourteen detainees were interviewed. All indicated they had not been searched by a
person of the other gender.
Fourteen staff were interviewed. Every member of staff attended the cross gender
graining and signed a roster for training. All interviewed indicated they had not
search a resident of the other gender since working at the center.
During the tour of the center the auditor had conversations with staff and residents.
All staff indicated they don’t conduct pat searches or strip searches of resident of
the other gender. Fifteen residents were engaged in a conversation during the on-
site audit. All of the residents indicated they have never been searched by staff of
the other gender.
115.315 (b):
The PAQ requires The agency shall not conduct cross-gender pat-down searches
except in exigent circumstances.
The center provided Cross Gender and transgender pat searches facilitator guide
and video of guidance on cross gender and transgender Pat Searches.
Search procedures mandate the facility always refrain from conducting any cross-
gender pat down except in exigent circumstances. All staff interviewed indicated
they have never conducted a cross-gender search. All residents interviewed stated
they had never been searched by a staff of the other gender. Staff were able to
articulate what would be exigent circumstances when they might be required to
conduct a search.
115.315 (c):
The PAQ requires the facility shall document and justify all cross-gender strip
searches, cross-gender visual body cavity searches, and cross-gender pat-down
searches.
According to the PAQ there were no cross-gender searches during the last 12
months.
The facility provided policy 1919 which clearly mandates that Staff shall not search
or physically examine a transgender or intersex youth for the sole purpose of
determining the youth's genital status. If the youth's genital status is unknown, it
may be determined during conversation with the youth, by reviewing medical
records, or, if necessary, by learning that information as part of a broader medical
examination conducted in private by a medical practitioner.
Staff shall not conduct cross-gender (opposite sex) strips searches or cross-gender
frisk searches.
Transgender resident can choose the gender they would prefer to conduct a pat
down or strip search. The facility will not do body cavity searches.
During the tour of the center the auditor had conversations with staff and residents.
All staff indicated they don’t conduct pat searches or strip searches of resident of
the other gender. Fifteen residents were engaged in a conversation during the on-
site audit. All of the residents indicated they have never been searched by staff of
the other gender.
115.315 (d):
The PAQ requires the facility shall implement policies and procedures that enable
residents to shower, perform bodily functions, and change clothing without
nonmedical staff of the opposite gender viewing their breasts, buttocks, or genitalia,
except in exigent circumstances or when such viewing is incidental to routine cell
checks. Such policies and procedures require staff of the opposite gender to
announce their presence when entering a resident housing unit. In facilities (such as
group homes) that do not contain discrete housing units, staff of the opposite
gender shall be required to announce their presence when entering an area where
residents are likely to be showering, performing bodily functions, or changing
clothing.
The facility provided FDJJ Policy 1919 PREA - Searches Cross Gender viewing and
searches Training Video on Guidance on Cross Gender and LBGTQ searches
Policy 1919 Youth must be allowed to shower, perform bodily functions, and change
clothing without nonmedical staff of the opposite gender viewing their breasts,
buttocks, or genitalia, except in exigent circumstances or when such viewing is
incidental to routine cell checks.
A tour of the center found that all areas that are utilized for housing residents have
necessary barriers to allow residents to shower without being viewed by a person of
the opposite gender and privacy from other residents during the showering process.
The SRJDC showering procedure requires that staff of the same gender supervise all
showers and will position themselves so they can’t see the residents totally naked.
A review of the camera system noted there were no cameras located in the
restroom area of the facility.
All residents stated they are allowed to change clothes and shower in private. A
review of the cameras noted there were no cameras that provided views of the
shower or toilet areas in any of the units. All staff of the other gender always
announce their presence when entering a housing unit. There are reminders placed
at the entrance of each housing unit. Staff and residents confirm that staff
announce their presence and will knock on the door prior to looking in during
counts.
All residents interviewed formally and informally during the onsite interview
indicated that staff announce their presence whenever they go to the housing unit.
115.315 (e):
The PAQ requires the facility shall not search or physically examine a transgender or
intersex resident for the sole purpose of determining the resident's genital status. If
the resident's genital status is unknown, it may be determined during conversations
with the resident, by reviewing medical records, or, if necessary, by learning that
information as part of a broader medical examination conducted in private by a
medical practitioner.
The facility provided policy 1919 and interviews with staff and residents.
Policy1919 prohibits searching or physically examining a transgender or intersex
youth for the sole purpose of determining the youth’s genital status. Policy
mandates that if a resident’s genital status is unknown, the facility determines
genital status during conversations with the resident, by reviewing medical records,
or, if necessary, by learning that information as part of a broader medical
examination conducted in private by a medical practitioner.
115.315 (f):
The PAQ requires the agency shall train security staff in how to conduct cross-
gender pat-down searches, and searches of transgender and intersex residents, in a
professional and respectful manner, and in the least intrusive manner possible,
consistent with security needs.
The facility provided training the provide guidance on Cross Gender and
Transgender pat search facilitator guide developed by the PREA resources center. All
staff signed a roster that they had received this training.
A review of the staff training plan includes intervention techniques and standards
required to be utilized prior to conducting any searches. Interview with random staff
confirmed they had received training on intervention techniques. This training
included conducting cross gender searches in a professional and respectful manner.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required.
Residents with disabilities and residents who are limited English
115.316
proficient
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determinations
PREA Posters in English, Spanish, French and Creole
Zero Tolerance Poster English– Spanish English and Spanish Third-Party Posters
Department of Juvenile Justice Policy- 1919 PREA
Education Services
Global Language Telephone Contract Youth Request for Reasonable Accommodation
Recognizing Signs and Symptoms
Recognizing Developmental Disabilities
Public Schools Section 504
Quick Reference Card
Random Sample of Staff Interviews
Targeted Resident Interviews
115.316 (a)(c):
The PAQ requires that the agency shall take appropriate steps to ensure that
residents with disabilities (including, for example, residents who are deaf or hard of
hearing, those who are blind or have low vision, or those who have intellectual,
psychiatric, or speech disabilities), have an equal opportunity to participate in or
benefit from all aspects of the agency's efforts to prevent, detect, and respond to
sexual abuse and sexual harassment. Such steps shall include, when necessary to
ensure effective communication with residents who are deaf or hard of hearing,
providing access to interpreters who can interpret effectively, accurately, and
impartially, both receptively and expressively, using any necessary specialized
vocabulary. In addition, the agency shall ensure that written materials are provided
in formats or through methods that ensure effective communication with residents
with disabilities, including residents who have intellectual disabilities, limited
reading skills, or who are blind or have low vision. An agency is not required to take
actions that it can demonstrate would result in a fundamental alteration in the
nature of a service, program, or activity, or in undue financial and administrative
burdens, as those terms are used in regulations promulgated under title II of the
Americans with Disabilities Act, 28 CFR 35.164.
The agency shall not rely on resident interpreters, resident readers, or other types
of resident assistants except in limited circumstances where an extended delay in
obtaining an effective interpreter could compromise the resident's safety, the
performance of first-response duties under § 115.364, or the investigation of the
resident's allegations.
The facility provided Policy- 1919 which mandates PREA mandates that facilities
will ensure that residents with disabilities (e.g., those who are deaf, hard of hearing,
blind, have low vision, intellectual, psychiatric or speech disabilities) have an equal
opportunity to participate in or benefit from the facility’s efforts to prevent, detect,
and respond to Sexual Abuse and Sexual Harassment. Such steps will include, when
necessary to ensure effective communication with residents who are deaf or hard or
hearing, providing access to interpreters who can interpret effectively, accurately,
and impartially, both receptively and expressively, using any necessary specialized
vocabulary. SRJDC will ensure that all written materials to every resident are in
format or through methods that ensure effective communication with residents with
disabilities, including those who have intellectual disabilities, limited reading skills
or who are blind or have low vision. Facilities will not rely on residents, readers, or
other types of resident assistants except in limited circumstances where an
extended delay in obtaining an effective interpreter could compromise the
resident’s safety, the performance of first-response duties, or the investigation of
the resident’s allegations. Any use of these interpreters under these type
circumstances will be justified and fully documented in the written investigative
report. Residents receive information explaining the agency’s zero tolerance Policy
in an age-appropriate fashion including how to report incidents or suspicions of
sexual abuse or sexual harassment in the appropriate manner, taking into
consideration age, disabilities, sexual orientation, and language. The comprehensive
education is accessible to all residents, including those who are limited English
proficient, deaf, visually impaired, or otherwise disabled as well as to the residents
who have limited reading skills. If the youth report a deficiency or the staff are
aware of a deficiency in any of these areas, they will report to the supervisor the
need for an additional resource.
The facility contract with Language Line Solutions. The contract provides telephone
interpretive services, one on one sign language services, and in-person services for
investigative services. A review of the LLS website indicates that all of their staff are
required to have at least two years’ experience in providing even verbal or language
line interpretive services.
There was one resident that used glasses that indicated she only needed them to
see long distances. There was a resident in a wheelchair that indicated the
telephones are not too low and poster were at the height he could see.
All staff interviewed indicated they would not utilize and have not utilized resident
interpreters. The staff indicated they were aware of the Language line contract and
would utilize the contract.
115.315 (b) FDJJ Policy mandates that information about services, consent forms,
rights, and program rules, etc. are communicated to youth with the use of
interpreters or other auxiliary aids. Also, these procedures will provide for an
effective exchange of information between staff/employees, youth and/or families
while services are being provided. All aid and/or assistance shall be provided by the
facility without cost to the person being serviced.
SRJDC will take such steps to provide reasonable accommodations as are necessary
to ensure that disabled persons, including those with impaired sensory, hearing or
speaking skills receive effective notice concerning benefits, services, or written
material concerning waivers of rights or consent to treatment. All aids needed to
provide this notice, e.g., sign-language interpreters, readers, or through other
auxiliary aids, shall be provided within the service limits and availability of qualified/
certified interpreters provided under contractual service without cost to the person
being served. The education department teachers are actively involved in providing
these services to residents. Residents that are special education receive an
Individualized Education Program meeting that includes parents, legal guardians, or
child advocates. At the time of the audit, the center housed one resident that was
cognitively challenged. The youth was interviewed and indicated that staff showed
him the video and talked to them about PREA on an individual basis.
Family members or friends of the youth may not be used as the sign language
interpreter, unless specifically requested by that individual. Other youth may not be
used to translate. The facility has a contract for language services including sign
language services. Staff would read all information required for an orientation into
the facility and the comprehensive PREA training for residents that can’t read. All of
the residents interviewed were able to articulate the training programs, recalled the
intake process and felt safe at the facility. At the time of the audit there were no
residents that required additional resources to receive training, reporting, or other
communication requirements. Whenever communication accommodations are
needed, the facility director or Director of Clinical Services is responsible for
arranging for an interpreter or the use of another auxiliary aid to ensure reasonably
prompt and effective communication with the youth. It is the ultimate responsibility
of the Regional Director to ensure all ADA needs are provided. In interviews with the
mental health staff, this is accomplished by assistance of the education staff.
The facility maintains an at-risk log that includes any medical or developmental
concerns that require assistance in providing services to the residents. At the time
of the audit there were two residents with limited sight loss and one resident that
was cognitive disabled. All were interview and indicated they had received the
training through reviewing a video and staff member going over the PREA training
Pamphlet.
Compliance was determined by review of policy, language line contract, and
interviews with clinical supervisor director, education staff, facility administrator.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required.
115.317 Hiring and promotion decisions
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determinations
Department of Juvenile Justice Policy 1919 – PREA
Department of Juvenile Justice Policy 1800 Background Screening
Five-year rescreening
DJJ Employee Handbook
BSU PREA Questionnaire Form IG/BSU form .003
Human resources staff interviews
115.317 (a):
The PAQ requires The agency shall not hire or promote anyone who may have
contact with residents, and shall not enlist the services of any contractor who may
have contact with residents, who (1) Has engaged in sexual abuse in a prison, jail,
lockup, community confinement facility, juvenile facility, or other institution (as
defined in 42 U.S.C. 1997); (2) Has been convicted of engaging or attempting to
engage in sexual activity in the community facilitated by force, overt or implied
threats of force, or coercion, or if the victim did not consent or was unable to
consent or refuse; or (3) Has been civilly or administratively adjudicated to have
engaged in the activity described in paragraph (a)(2) of this section.
The facility provided FDJJ Policy 1919, Department of Juvenile Justice Policy 1800
Background Screening
And BSU PREA Questionnaire Form IG/BSU form .003
FDJJ Policy 1919, Department of Juvenile Justice shall not hire or promote anyone
who may have contact with youth and shall not enlist the services of any contractor
who may have contact with youth, who. 1. Has engaged in sexual abuse in a prison,
jail, lockup, community confinement facility, juvenile facility, or other institution (as
defined in 42 U.S.C. 1997). 2. Has been convicted of engaging or attempting to
engage in sexual activity in the community facilitated by force, overt or implied
threats of force, or coercion, or if the victim did not consent or was unable to
consent or refuse; or 3. Has been civilly or administratively adjudicated to have
engaged in or attempting to engage in sexual activity in the community facilitated
by force, overt or implied threats of force, or coercion, or if the victim did not
consent or was unable to consent or refuse. 4. SRJDC shall consider any incidents of
sexual harassment in determining whether to hire or promote anyone, or to enlist
the services of any contractor, who may have contact with youth.
Department of Juvenile Justice Policy 1800 Background Screening states this policy
promotes the integrity of the Department of Juvenile Justice and ensures the proper
care, safety, and protection of youth in the Department's care and custody by
requiring background screening for employment and volunteer service prior to the
person having access to youth or confidential youth
Background screening and hiring practices shall be conducted to ensure all
Department employees, contract providers and grant recipient employees
(including owners, operators, and directors), volunteers, mentors, and interns with
access to youth or confidential youth records meet established statutory
requirements of Level 2 Screening Standards.
The Department is cognizant of its status as a criminal justice agency and its special
responsibilities in dealing with the youth population and has determined that it is
appropriate to establish background screening and hiring requirements for all
Department employees and volunteers as well as all contract provider owners,
operators, employees, and volunteers.
All contract providers and Department employees will be screened in accordance
with Level 2 standards, as set forth in Chapter 435, Florida Statutes, as a condition
of initial employment and retention in those positions. Additionally, all provider and
Department employees will be re-screened every five (5) years of continued
employment.
Employment background screening shall be completed prior to hiring an employee
or utilizing the services of a volunteer, mentor, or intern.
An assessment shall be completed prior to the hiring of direct-care positions.
Contract provider employment and volunteer background screenings will be
processed and housed in the Care Provider Background Screening Clearinghouse.
This database is owned and maintained by the Agency for Health Care
Administration (AHCA).
Employees and volunteers will report any arrest, which includes any notice to
appear in court for a criminal charge, to their immediate supervisor within 24 hours
of the arrest or receipt of the notice to appear. If an employee or volunteer fails to
report an arrest within 24 hours, they shall submit an explanation as to why the
arrest was not timely reported. Failure to timely report an arrest may result in
disciplinary action up to, and including, dismissal. Supervisors and/or Human
Resources personnel will report the new arrest or notice to appear to the
Background Screening Unit, who will determine if the offense disqualifies the
employee or volunteer from continued service.
Any person required to complete an assessment for direct-care positions, or
undergo background screening as a condition of employment or volunteering
services who refuses to cooperate in such screenings or refuses to submit the
information necessary to complete the screening process shall not be employed or
utilized as a volunteer until a background screening is completed and the outcome
of the screening states the person is eligible for employment. Any person already
employed or working as a volunteer becomes disqualified.
SRJDC shall ensure that a criminal background records check has been completed,
and consult applicable child abuse registries, before enlisting the services of any
contractor who may have unsupervised contact with youth. During initial interviews,
prospective employees, interns, and volunteers shall be informed of the background
check procedure. SRJDC shall require the following background checks on all DJJ
staff, volunteers, interns, and contractors and any applicant that is being considered
for employment or promotion with DJJ: FDJJ utilizes Live Scan Background checks on
all staff. The program includes Florida Crime Information Center, National Crime
Information Center, and Florida child registry reviews.
115317 (b):
The PAQ requires the agency shall consider any incidents of sexual harassment in
determining whether to hire or promote anyone, or to enlist the services of any
contractor, who may have contact with residents.
The facility provided policy 1919.
The Agency Policy states any incidents of sexual harassment by a staff member will
be taken into consideration if the staff member is eligible for promotion. Prior to a
promotion the facility will conduct a promotion board. Prior to meeting with the
board, the applicant completes a questionnaire that includes all areas of the
standard. The interview questions for employment also address previous
misconduct. The evidence shows the facility considers any incident of sexual
harassment in determining whether to hire or promote anyone, or to enlist the
services of any contractor, who may have contact with residents. Policy states any
incidents of sexual harassment by a staff member will be taken into consideration if
the staff member is eligible for promotion. The interview questions for employment
also address previous misconduct. The evidence shows the facility considers any
incident of sexual harassment in determining whether to hire or promote anyone, or
to enlist the services of any contractor, who may have contact with residents.
The human resources staff interview indicated prior to a promotion the staff feel out
another questionnaire. We also do a Live Scan on perspective promotions. All
persons that apply to work at the center as fulltime, part time or contractors must
have completed a background check that is conducted by the Background Unit. We
completed the PREA questionnaire on the DJJ employment application, prior to
promotion and each year during the annual training.
115.317 (c):
The PAQ requires before hiring new employees who may have contact with
residents, the agency shall: (1) Perform a criminal background records check; (2)
Consults any child abuse registry maintained by the State or locality in which the
employee would work; and (3) Consistent with Federal, State, and local law, make
its best efforts to contact all prior institutional employers for information on
substantiated allegations of sexual abuse or any resignation during a pending
investigation of an allegation of sexual abuse.
The facility provided policy 1919 and Policy 1800. The facility also provided
randomly selected background checks.
Policy 1919 mandates the Department performs a background check prior to hiring
any new staff. The Department will make the best efforts to contact all prior PREA
regulated employers for information on substantiated allegations of sexual abuse or
any resignation during a pending investigation of an allegation of sexual abuse.
Background checks shall be conducted every five (5) years for staff.
Policy 1800 requires Background screening and hiring practices shall be conducted
to ensure all Department employees,
contract provider and grant recipient employees (including owners, operators, and
directors), volunteers, mentors, and interns with access to youth or confidential
youth records meet established statutory requirements of Level 2 Screening
Standards.
• The Department is cognizant of its status as a criminal justice agency and its
special responsibilities in dealing with the youth population and has determined that
it is appropriate to establish background screening and hiring requirements for all
Department employees and volunteers as well as all contract provider owners,
operators, employees, and volunteers.
• All contract provider and Department employees will be screened in accordance
with Level 2standards, as set forth in Chapter 435, Florida Statutes, as a condition
of initial employment and retention in those positions. Additionally, all provider and
Department employees will be re-screened every five (5) years of continued
employment.
• Employment background screening shall be completed prior to hiring an employee
or utilizing the services of a volunteer, mentor, or intern.
• An assessment shall be completed prior to the hiring of direct-care positions.
• Contract provider employment and volunteer background screenings will be
processed and housed in the Care Provider Background Screening Clearinghouse.
This database is owned and maintained by the Agency for Health Care
Administration (AHCA).
• The BSU will review and provide the results from the FDLE's Automated Training
Management System (ATMS) to the contract providers for screenings done on
potential or permanent employees.
• The Department does not hire, promote, or contract with anyone who:
i. Has engaged in sexual abuse in a prison, jail, lockup, community confinement
facility, juvenile, facility, or other institution (as defined in 42 U.S.C. 1997);
ii. Has been convicted of engaging or attempting to engage in sexual activity in
the community facilitated by force, overt, or implied threats of force, or coercion, or
if the victim did not consent or was unable to consent or refuse;
iii. Has been civilly or administratively adjudicated to have engaged in the activity
described in ii above.
• The Department shall ask all applicants and employees who may have contact
with youth about previous misconduct in written applications or interviews for hiring
or promotions and in any interviews or written self-evaluations conducted as part of
review of current employees.
• The Department shall consider any substantiated incidents of sexual misconduct
in determining whether to hire, promote, or contract with anyone.
• Employees being considered for promotion shall disclose any sexual misconduct
and material omission regarding such misconduct, or the provision of materially
false information shall be grounds for termination.
During initial interviews, prospective employees, interns, and volunteers shall be
informed of the background check procedure. FDJJ shall require the following
background checks on all DJJ staff, volunteers, interns, and contractors and any
applicant that is being considered for employment or promotion with DJJ: 1. Criminal
background or records check. 2. Child abuse and neglect registry check. The human
resources staff indicated in interviewed and confirmed by reviewing personnel files
that she conducts a reference check on all prospective employees. This check
includes any past history of sexual abuse, sexual harassment including sexual
harassment toward other staff. During the last 12 months the facility has conducted
background checks on 155 people applying for a position at the facility. There one
(1) contractor background check completed in the last 12 months. The medical and
mental health staff background checks are completed by vendor, Vital Core. The
center received notification that the person has been approved for entry into the
facility. The vendor contractors are utilized by several centers and their background
checks are conducted by the vendor.
115.317 (d):
The PAQ requires the agency shall also perform a criminal background records
check, and consult applicable child abuse registries, before enlisting the services of
any contractor who may have contact with residents. SRJDC shall ensure that a
criminal background records check has been completed, and consult applicable
child abuse registries, before enlisting the services of any contractor who may have
unsupervised contact with youth.
The facility provided policy 1919, 1800 and PREA questionnaire
Policy 1919 and 1800 require SRJDC shall ensure that a criminal background records
check has been completed, and consult applicable child abuse registries, before
enlisting the services of any contractor who may have unsupervised contact with
youth.
Interviews with contracting staff indicated they have their background check
completed before being employed by the local school district. The medical staff
receive their training through the central office, who contacts the BSU to complete
the background checks.
115.317 (e):
The PAQ requires the agency shall either conduct criminal background records
checks at least every five years of current employees and contractors who may
have contact with residents or have in place a system for otherwise capturing such
information for current employees.
The facility provided policy 1800
Policy 1800 requires that All contract provider and department employees will be
screened in accordance with Level 2standards, as set forth in Chapter 435, Florida
Statutes, as a condition of initial employment and retention in those positions.
Additionally, all provider and Department employees will be re-screened every five
(5) years of continued employment.
Human Resources indicated in an interview that the agency utilizes Live Scan to
conduct update background information or current charges pending. However, she
indicated that she still send five year background checks each January to keep them
current. A review of the five-year background checks confirmed compliance.
SRJDC shall conduct background checks or alternative background checks on all
staff, volunteers, interns, and contractors every five (5) years. FDJJ utilized “Live
Scan” for continuous background on staff, contracts, or volunteers. This includes a
background check by the sheriff’s office. This was confirmed by reviewing Live Scan
background check for staff with 5 year or more tenure at the facility. At the same
time the agency conducts five-year background checks on all staff prior to reaching
their 5-year tenure.
115.317 (f):
The PAQ requires The agency shall also ask all applicants and employees who may
have contact with residents directly about previous misconduct described in
paragraph (a) of this section in written applications or interviews for hiring or
promotions and in any interviews or written self-evaluations conducted as part of
reviews of current employees. The agency shall also impose upon employees a
continuing affirmative duty to disclose any such misconduct.
The agency asks applicants about previous misconduct described in paragraph (a)
of this section in written applications or during interviews for hiring or promotions.
The facility does a yearly staff appraisal and sexual abuse, or sexual harassment is
part of that appraisal. This includes having staff review and sign the BSU PREA (form
003) Questionnaire. According to the human resources staff are aware they utilize
live scan so they are not hesitate to advise the office of any criminal finding
including speeding tickets.
115.317 (g):
The PAQ requires material omissions regarding such misconduct, or the provision of
materially false information, shall be grounds for termination.
The facility provided policy 1800 and BSU policies. The center also provided
information on the live scan tracking system.
FDJJ Policy 1800 – Background Screening and Hiring mandates that employees and
volunteers will report any arrest, which include any notice to appear in court for a
criminal charge, to their immediate supervisor within 24 hours of the arrest or
receipt of the notice to appear. Failure to report may result in disciplinary action up
to and including termination. Material omissions regarding such misconduct, or the
provision of materially false information, shall be grounds for termination.
115.317 (h):
The PAQ requires Unless prohibited by law, the agency shall provide information on
substantiated allegations of sexual abuse or sexual harassment involving a former
employee upon receiving a request from an institutional employer for whom such
employee has applied to work.
The center provided policy 1919, and 1800
The polies mandate that unless prohibited by law, the agency shall provide
information on substantiated allegations of sexual abuse or sexual harassment
involving a former employee upon receiving a request from an institutional
employer for whom such employee has applied to work. The interview with the
human resources confirmed the facility would provide this information if requested
to do so. Policy states the information would be provided when requested unless it is
prohibited by law to provide the information. According to interviews with the
human resources staff, the center would have the perspective candidate to sign a
release statement and they would send the requesting information.
Based on the review of the documentation and the interview with the Facility
Administrator and Human Resources staff, the facility is complying with all
provisions of this standard. FJDC utilizes Live Scan which will provide any
background information while still completing a five-year background check on all
staff with over 5-year tenure in the agency.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required.
115.318 Upgrades to facilities and technologies
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determinations
Annual Facility Review June 2024
Interviews with
Agency head
Facility administrator
115.318 (a)
The PAQ requires When designing or acquiring any new facility and in planning any
substantial expansion or modification of existing facilities, the agency shall consider
the effect of the design, acquisition, expansion, or modification upon the agency's
ability to protect residents from sexual abuse.
The facility provided there have been no planning any substantial expansion or
modification of existing facilities, the agency shall consider the effect of the design,
acquisition, expansion, or modification upon the agency's ability to protect residents
from sexual abuse.
115. 318 (b)
The PAQ requires when installing or updating a video monitoring system, electronic
surveillance system, or other monitoring technology, the agency shall consider how
such technology may enhance the agency's ability to protect residents from sexual
abuse.
The facility provided that the center has modified some camera and a new
monitoring system has been installed.
The Facility Administrator showed the auditor several new cameras that have been
added in the last cycle. He also indicated on a yearly basis the PREA coordinator
and regional staff conduct a review of the PREA and make recommendations for any
upgrades or additional cameras. The review for 2024 did not recommend any
additional cameras.
The agency head interviewed indicated that the agency does a yearly review of
camera, saft ware and looking for blind spots in all facilities. The agency then
allocated either more camera or additional resources to make certain there are no
blind spots without staff supervision in that area.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.321 Evidence protocol and forensic medical examinations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determinations
FDJJ Policy 1919 PREA - Investigative Protocols
IG Compliance Form-directive 3-05
OIG request to Law Enforcement Officers to follow uniform evidence protocols.
Investigative protocol
PREA Youth Posters
Youth Handbook
Advocacy, Counseling and Treatment Center MOU
Interview with
Staff of Advocacy, Counseling and Treatment Center.
PREA compliance manager
SANE staff from Golisano Children’s Hospital
PREA Coordinator
PREA Compliance Manager
115.321 (a):
The PAQ requires that to the extent the agency is responsible for investigating
allegations of sexual abuse, the agency shall follow a uniform evidence protocol that
maximizes the potential for obtaining usable physical evidence for administrative
proceedings and criminal prosecutions.
The facility provided policy 1919 Investigative protocol,
Policy 1919 Investigative protocol mandate the Department does not conduct
criminal investigations for youth-related sexual abuse reports. Local law
enforcement agencies and the Department of Children and Families handle such
investigations involving youth in Florida. The Department conducts administrative
investigations and· management reviews, separate and apart from any criminal
investigations, to identify any misconduct by staff as related to Department
regulatory guidance. Staff are expected to cooperate with Office of the Inspector
General (OIG) investigations.
The OIG staff will be trained on Department policies and procedures related to the
handling of sexual misconduct incidents and reports.
The Department will ensure administrative investigations and reviews are
completed for all allegations, allegations that are criminal in nature. The Sheriff’s
Office agrees to follow the FDJJ Protocol. Staff interviews confirmed an
understanding of the facility’s protocol for obtaining usable physical evidence if a
resident alleges sexual abuse and knowledge of the entities responsible for
conducting investigations. Staff interviews confirmed an understanding of the
facility’s protocol for obtaining usable physical evidence if a resident alleges sexual
abuse and knowledge of the entities responsible for conducting investigations.
There have been no allegations of sexual abuse or sexual harassment in the last 12
months
The PREA compliance manager interview indicated that the center has a MOU with
the Advocacy, Counseling and Treatment Center. The staff or resident can contact
the program by telephone, on a zoom call, the ACT staff would come to the or the
center would take the resident to the program.
115.321 (b):
The PAQ requires the protocol shall be developmentally appropriate for youth and,
as appropriate, shall be adapted from or otherwise based on the most recent edition
of the U.S. Department of Justice's Office on Violence Against Women publication, "A
National Protocol for Sexual Assault Medical Forensic Examinations, Adults/
Adolescents," or similarly comprehensive and authoritative protocols developed
after 2011.
The facility provided the Department does not conduct criminal investigations into
youth related sexual abuse reports. Local Law enforcement and the Department of
Children and Families conduct such investigation involving youth in Florida.
The Department conducts administrative investigation and management reviews,
separate and apart for a criminal investigation. To the extent the agency is
responsible for investigating allegations of sexual abuse, the agency shall follow a
uniform evidence protocol that maximizes the potential for obtaining usable
physical evidence for administrative proceedings and criminal prosecutions. (b) The
protocol shall be developmentally appropriate for youth and as appropriate, shall be
adapted from or otherwise based on the most recent edition of the U.S. Department
of Justice’s Office on Violence Against Women publication, “A National Protocol for
Sexual Assault Medical Forensic Examinations, Adults/Adolescents,” or similarly
comprehensive and authoritative protocols. Policy provides for the uniform Protocols
to be followed. The Protocol is outlined regarding appropriateness for youth and
adults. Staff interviews confirmed an understanding of the facility’s protocol for
obtaining usable physical evidence if a resident alleges sexual abuse and
knowledge of the entities responsible for conducting investigations.
The chief of OIG investigations in interviewed indicated that his staff or trained on
conducting PREA investigations utilizing the National Protocol for Sexual Assault
Medical Forensic Examinations, Adults/Adolescents,” or similarly comprehensive and
authoritative protocols. He indicated that he has sent a letter to all local law
enforcement that conduct criminal investigations to consider using the same
protocol.
Random staff interview knew staff responsibilities to protect the resident, secure the
crime scene and notify the shift supervisor and CCC. The center staff indicated they
would move the resident to a safe location and have them not changes clothes,
wash or shower, not use the toilet and not not brush there teeth. The staff indicated
in training, the Lee County Sheriff's office or OIG would be responsible for collecting
the evidence when they arrived at the center.
115.321 (c):
The PAQ requires that the agency shall offer all residents who experienced sexual
abuse access to forensic medical examinations whether on-site or at an outside
facility, without financial cost, where evidentiarily or medically appropriate. Such
examinations shall be performed by Sexual Assault Forensic Examiners (SAFEs) or
Sexual Assault Nurse Examiners (SANEs) where possible. If SAFEs or SANEs cannot
be made available, the examination can be performed by other qualified medical
practitioners. The agency shall document its efforts to provide SAFEs or SANEs.
The facility provided Policy 1919
The Policy states residents will receive timely, unimpeded access to on-site and off-
site emergency medical treatment and crisis intervention services, the nature and
scope of which are determined by medical and mental health practitioners
according to their professional judgment.
Be offered access to forensic medical examinations whether on-site or at an outside
facility, without financial cost, where evidentiarily or medically appropriate. Such
examinations shall be performed by Sexual Assault Forensic Examiners (SAFE) or
Sexual Assault Nurse Examiners (SANE) where possible. If a SAFE or SANE cannot be
made available, the examination can be performed by other qualified medical
practitioners. The facility has an MOU with Advocacy, Counseling, and Treatment
Center (ACT) and utilized the Golisano Children’s Hospital for emergency treatment.
In interviews with the ACT director, the center has a working relationship with the
hospital and will either meet the child at the Golisano Hospital or an undisclosed
location to conduct a SANE. Prior to the SANE the victim advocate will meet with the
child and explain the procedures and remain with the resident during the
examination and interview process. ACT has a SART program that is located in a
dedicated building. The building contains a family room with snack and as close as
we can to a normal living room, an examination room, several private offices.
Have access to a victim advocate from a rape crisis center or a qualified staff
member from a community-based organization or a qualified agency staff member.
The victim advocacy center has staff on duty or on call twenty-four hours a day. In
Lee county the community has a SART program that includes forensic examination,
law enforcement interviews, local district attorney’s office, Department of Children
and Family Services and medical and mental health staff.
The facility policy states that the services will be provided at no cost to the victim.
The Nurse’s interview was aligned with the facility Policy.
Policy115.321 (d)(e):
The PAQ requires the agency shall attempt to make available to the victim a victim
advocate from a rape crisis center. If a rape crisis center is not available to provide
victim advocate services, the agency shall make available to provide these services
a qualified staff member from a community-based organization, or a qualified
agency staff member. Agencies shall document efforts to secure services from rape
crisis centers. For the purpose of this standard, a rape crisis center refers to an
entity that provides intervention and related assistance, such as the services
specified in 42 U.S.C. 14043g(b)(2)(C), to victims of sexual assault of all ages. The
agency may utilize a rape crisis center that is part of a governmental unit as long as
the center is not part of the criminal justice system (such as a law enforcement
agency) and offers a comparable level of confidentiality as a nongovernmental
entity that provides similar victim services.
As requested by the victim, the victim advocate, qualified agency staff member, or
qualified community-based organization staff member shall accompany and support
the victim through the forensic medical examination process and investigatory
interviews and shall provide emotional support, crisis intervention, information, and
referrals
The facility provided MOU with the Advocacy, Counseling and Treatment (ACT)
center.
In interview with the PREA compliance manager, they indicated that the MOU
includes advocacy, emotional support, SANE examinations, and emotional support
hotline.
The facility has a MOU with ACT for victim advocacy services. According to the
MOU, the supportive services to victims include access to 24-hour reporting and
contact for advocacy service; emotional support; accompaniment through forensic
examination and investigative interview upon request; and provision of information
and resources. The Superintendent confirmed that advocacy services will be
provided in accordance with the MOU. The interview with the Superintendent
confirmed the resident and/or facility staff members are able to utilize the victim
service hotline to request a victim advocate.
In interviews with the ACT supervising clinician the facility would provide victim
advocacy and follow up services as required. This includes meeting with the family,
attend court hearing, providing safe haven for the family, and follow up treatment
as needed. This would continue when the youth left the center if they are from the
geographical area.
115.321 (f)
The PAQ requires to the extent that the agency itself is not responsible for
investigating allegations of sexual abuse, the agency requests that the investigating
agency follow the requirements of paragraphs (a) through (e) of this section.
The facility provided a memorandum sent to all local law enforcement from the
Chief of OIG investigative units. The center is required to notify CCC Department of
Children and Family Services and Lee County Sheriff’s office to report allegations of
sexual abuse for criminal investigations and to the Florida Central Abuse Hotline and
FDJJ’s Central Communication Center (CCC).
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.322 Policies to ensure referrals of allegations for investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determinations
FDJJ Policy 1919 - Investigative Protocols
OIG Compliance Form-directive
OIG Directive request to Law Enforcement Officers to follow uniform evidence
protocols.
FDJJ Website
Investigator Data Base
115.322 (a & b)
The PAQ requires the agency shall ensure that an administrative or criminal
investigation is completed for all allegations of sexual abuse and sexual
harassment.
The facility provided FDJJ Policy 1919 - Investigative Protocols
The agency shall have in place a policy to ensure that allegations of sexual abuse
and/or sexual harassment are referred for investigation to an agency with the legal
authority to conduct criminal investigations, unless the allegation does not involve
potentially criminal behavior. The agency shall publish such policy on its website or,
if it does not have one, make the policy available through other means. The agency
shall document all such referrals
The facility provided policy 1919 Investigative Protocol
SRJDC does not conduct criminal investigations for residents related sexual abuse
reports. Local Law enforcement and the Department of Children and Families handle
such investigation involving youth in Florida. The Department conducts
administrative investigation and management reviews, separate and apart from a
criminal investigation. The DJJ PREA Policy describes how investigative
responsibilities are handled for allegations of sexual abuse and harassment and can
be found at the Florida DJJ's website. This information is available in both English
and Spanish. Further the agency has a Policy that requires allegations of sexual
abuse or sexual harassment be referred to an agency with the legal authority to
conduct criminal investigations unless the allegation does not involve criminal
behavior. Staff including the facility administrator and residents indicated that any
allegations that are received by residents, staff, volunteers, or contractors would be
“Hot Line” by the person with the most information when possible. This information
is sent to Central Control Center (CCC), Sexual Abuse Hotline and local law
enforcement within 2 hours of the first staff or volunteer is made aware of an
allegation. This information is documented in the Investigative database maintained
by the OIG office.
The agency head was interviewed and confirmed that all allegations, suspicions or
anonymous reports must be reported to the CCC, Department of Children and
Family Services and legal services within 2 hours of staff, volunteers and contractors
are made aware of a report.
The chief of investigation indicated that all allegations of sexual abuse or referred to
local law enforcement for criminal investigations. The OIG office conducts a
separate administrative investigation. The Office of Children and Families also
conduct investigation that is separate and apart from law enforcement
investigations.
115.322 (c):
The PAQ requires If a separate entity is responsible for conducting criminal
investigations, such publication shall describe the responsibilities of both the
agency and the investigating entity.
The facility provided FDJJ Policy 1919 and staff training mandates that that staff will
secure the scene, not let the victim or predator change clothing, brush teeth, use
the restroom or shower. The facility will assist the investigator in making available
video and other material as requested. There has been no allegation that was
referred to for criminal investigation during the last 12 months.
The investigation procedures is provided by djj.state.fl.us/inspector general/central-
communication-center-ccc. Org.
Compliance was verified by reviewing policies, procedures, Florida DJJ website and
interviews with agency designee, facility administrator, investigators, staff, and
PREA Coordinator.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.331 Employee training
Auditor Overall Determination: Exceeds Standard
Auditor Discussion
Evidence relied upon in making the compliance determinations
FDJJ Policy 1919 PREA - Staff Training
115.331 Employee training
PREA Acknowledgement form
Victimization and Sexual Aggressive Resident Identification Developmentally
Disabled Resident identification training.
PREA Skill Pro training curriculum Part one and Part 2
PREA training 2024
PREA training 2023
PREA training 2022
PREA VSAB Training
115.331 (a):
The PAQ requires The agency shall train all employees who may have contact with
residents on:(1) Its zero-tolerance policy for sexual abuse and sexual
harassment;(2) How to fulfill their responsibilities under agency sexual abuse and
sexual harassment prevention, detection, reporting, and response policies and
procedures;(3) Residents' right to be free from sexual abuse and sexual
harassment;(4) The right of residents and employees to be free from retaliation for
reporting sexual abuse and sexual harassment;(5) The dynamics of sexual abuse
and sexual harassment in juvenile facilities;(6) The common reactions of juvenile
victims of sexual abuse and sexual harassment;(7) How to detect and respond to
signs of threatened and actual sexual abuse and how to distinguish between
consensual sexual contact and sexual abuse between residents;(8) How to avoid
inappropriate relationships with residents;(9) How to communicate effectively and
professionally with residents, including lesbian, gay, bisexual, transgender, intersex,
or gender nonconforming residents; and(10) How to comply with relevant laws
related to mandatory reporting of sexual abuse to outside authorities;(11) Relevant
laws regarding the applicable age of consent.
The facility provided PREA Part 1 content, PREA part 2 content, FDJJ Policy 1919 Staff
training and Southwest Regional Detention Center FOP 301 Abuse Free Environment
Part 1 content of what is known as the Skill Pro includes
What is PREA
Required Training
Standard and procedure
Part 2 content includes
Reporting
Responding to Abuse Reports
Investigations
Policy 1919 Training requirement includes All Florida Department of Juvenile Justice
employees must complete training as outlined in FDJJ 1520, Employee Training and
Florida Administrative Code Rule 63-H, Staff Training. This curriculum includes
training on the agency's zero-tolerance of sexual misconduct outlined in this policy.
Each employee is required to take refresher training every two (2) years. The
Department will document, through employee signature or electronic verification,
that employees understand the training they have received. Information on current
sexual misconduct policies will be available for staff on the Department's PREA
webpage.
Direct Care staff shall be trained in how to conduct cross-gender pat searches, and
searches of transgender and intersex youth, in a professional and respectful
manner, and in the least intrusive manner possible.
FOP 3.01 trains staff on
When interacting with youth, officers shall maintain professional behavior and
relationships.
Officers shall not verbally abuse, demean, or otherwise humiliate any youth and
shall not use profanity in the performance of their job.
Youth are afforded an opportunity to use the telephone for the purposes of reporting
verbal abuse, physical abuse, sexual abuse, and sexual harassment to the Florida
Abuse Hotline or a local Advocacy Center. Upon request, the youth shall be given
immediate access to use the telephone unless the safety and security of the facility
is compromised. Staff shall not question the youth about the reason for the call.
Staff shall dial the phone number to Florida Abuse Hotline or Advocacy Center and
hand the phone to the youth. Staff shall remain at a distance that allows the youth
to report privately. Staff shall, to the best of their knowledge, document if the report
is accepted or denied.
Physical abuse of youth is prohibited by law and any suspicion or knowledge of such
shall be reported to both Florida Protective Services (Abuse Hotline at
1-800-96ABUSE} and DJJ Central Communication Center (CCC at 1-800-355-2280).
If a youth is at least 18 years old and not disabled, physical abuse is to be reported
to the CCC only, but the youth shall be given the opportunity to file a police report.
d.
As an employee of the Department of Juvenile Justice, you are a mandated reporters
All interviewed staff members were familiar with the PREA information regarding
primary components of preventing, detecting and responding to sexual abuse or
sexual harassment. PREA training is provided to staff, as indicated by a review of
policy and training documents. The documents and staff interviews support
refresher training are also conducted and is documented. The direct care staff
interviewed and the PREA Compliance Manager reported the training is provided as
required. All staff members interviewed, and documentation reviewed verified the
general topics below were included in the training: 1. The center Zero Tolerance
Policy for sexual abuse and sexual harassment. 2. How to fulfill their responsibilities
under the center sexual abuse and sexual harassment prevention, detection,
reporting, and response policies and procedures. 3. Residents’ right to be free from
sexual abuse and sexual harassment. 4. The right of residents and employees to be
free from retaliation for reporting sexual abuse and sexual harassment. 5. The
dynamics of sexual abuse and sexual harassment juvenile facilities. 6. The common
reactions of juvenile victims of sexual abuse and sexual harassment. 7. How to
detect and respond to signs of threatened and actual sexual abuse and how to
distinguish between consensual sexual contact and sexual abuse between
residents. 8. How to avoid inappropriate relationships with residents. 9.How to
communicate effectively and professionally with residents, including lesbian, gay,
bisexual, transgender, intersex, or gender nonconforming residents. 10. How to
comply with relevant laws related to mandatory reporting of sexual abuse to outside
authorities; and 11. Relevant laws regarding the applicable age of consent.
115.331 (b):
The PAQ requires Such training shall be tailored to the unique needs and attributes
of residents of juvenile facilities and to the gender of the residents at the
employee's facility. The employee shall receive additional training if the employee is
reassigned from a facility that houses only male residents to a facility that houses
only female residents, or vice versa.
The facility provided PREA Part 1 content, PREA part 2 content, FDJJ Policy 1919 Staff
training and Southwest Regional Detention Center FOP 301 Abuse Free Environment
Skill Pro 1 and 2 are tailored to all gender in the facility as all detention center
houses both male and female resident. The agency training for all staff also
includes working with LGBTI youth in DJJ facilities. Additionally, the agency has
developed training for First Responder duties and responsibilities.
115.331 (c):
The PAQ requires All current employees who have not received such training shall
be trained within one year of the effective date of the PREA standards, and the
agency shall provide each employee with refresher training every two years to
ensure that all employees know the agency's current sexual abuse and sexual
harassment policies and procedures. In years in which an employee does not
receive refresher training, the agency shall provide refresher information on current
sexual abuse and sexual harassment policies.
The center provided Skill Pro 1 and 2, FOP 3.01
The agency provides each employee with refresher each year to ensure that all
employees know the agency’s current sexual abuse and sexual harassment policies
and procedures. In recent years the yearly in services added a video on conducting
cross gender or persons frisk searches (pat down). All staff are required to complete
this training. Training roster and training records were reviewed and documented
this training for staff working at SRJDC. Additional training is provided at the facility
for the onsite training staff. A review of the topic included an additional refresher to
most topics found in the Skill Pro Curriculum. The agency Policy addresses PREA-
related training for staff.
All interviewed staff members were familiar with the PREA information regarding
primary components of preventing, detecting and responding to sexual abuse or
sexual harassment. Interviews with non-direct care staff and contracting staff and
files of non-direct care and contracting staff confirmed that all staff working at
SRJDC receive the same training. All of the direct care staff that were interviewed
indicated they had received initial PREA training during Pre-Service. They then
received additional training at the Florida DJJ Training Academy. Upon returning from
the academy, they center provided training specific to the center including
information on the Rape Crisis Center. In interviews with staff, each indicated that
PREA was discussed on a daily basis and formal training is a four hour training by
instructors and completed the skill pro module one and two which includes a
questionnaire. Policy and procedure mandate that staff are trained at a minimum of
once each year.
115.331 (d):
The PAQ requires the agency shall document, through employee signature or
electronic verification, that employees understand the training they have received.
The facility provided sign electronic sigh in sheet for all random staff that were
interviewed by the auditor and additional staff roster for cross gender pat searches.
The agency document training, through employee signature or electronic
verification that employees understand the training they have received. The policy
provides all training to be documented. Staff members sign training rosters and
training acknowledgement statements. A checklist is utilized for orientation training
for all new employees and contains the elements of PREA training. The facility
provided the Auditor with several examples for verification of the training occurring
and the training was verified through staff interviews. PREA training is provided to
staff, as indicated by a review of policy and training documents. The documents and
staff interviews support refresher training is also conducted and is documented. The
direct care staff interviewed and the PREA Compliance Manager reported the
training is provided as required. All direct care staff members interviewed, and
document reviewed verified the general topics below were included in the training:
At the facility, it was evident through documentation, interviews, and observation of
the day-to-day operations the staff is trained continually in the PREA standards
during shift briefings, monthly staff meetings, and the completion of various on-line
and instructor-led trainings.
SRJDC requires staff to go through informal PREA training on a quarterly basis and
each month when an all-staff meeting. All staff also are mandated to conduct Skill
Pro module one and two. Staff interviewed indicated that one of the administrators
meets with the staff during staff briefings at least once a month to discuss PREA
related topics. There are over 10 Posters about Sexual safety located throughout the
facility. Many of the staff interviewed were able to articulate each of the training
topics and explain how the facility manages these topics.
Compliance was determined by reviewing preservice and in service training
curriculum and a review of the training records of staff. An interview with random
staff also confirmed that they received the training and refresher training as
mandated by policy. Interviewed included questions about the specialized training
programs. Staff were able to articulate an understanding of working with LGBTI
youth.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.332 Volunteer and contractor training
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determinations
Volunteers and Contractors Training
2023-2024 Educator Training
FDJJ Policy 1919 - Volunteer and contractor Training
Contractors Training Sign in Sheets
Contractor Interviews
115.332 (a):
The PAQ requires the agency shall ensure that all volunteers and contractors who
have contact with residents have been trained on their responsibilities under the
agency’s sexual abuse and sexual harassment prevention, detection, and response
policies and procedures.
The facility provided FDJJ Policy 1919 - Volunteer and contractor Training and
volunteer and contractor training curriculum.
Training curriculum outline includes:
Agency zero tolerance and Policy 1919
Definitions
· Sexual abuse
· Sexual harassment
Reporting Allegation of Sexual Misconduct
Detecting Sexual abuse and sexual harassment
Maintaining Professional Relationships with youth
Summary
PREA Acknowledgements Form
FDJJ Policy 1919 - Volunteer and contractor Training provide Volunteer and
Contractor Training- All volunteers and contracted providers in Residential and
Detention facilities who have contact with youth must be trained on their
responsibilities under the Department's sexual misconduct prevention, detection,
and response policy and procedures - FDJJ 1919.
The level and type of training provided to volunteers and contractors is based on
the service they provide and level of contact with youth. Volunteers and contractors
who perform services on a continuous basis or at regular intervals, or who volunteer
10 hours or more each month, must complete the PREA training prescribed for all
full-time employees. The course is available on the Department's Learning
Management System (Course FDJJ 110).
Volunteers and contractors who perform services or interact with youth for less than
10 hours a month and/or accompanied by a staff member who is always present
and has the volunteer or contractor in his/her line of sight, will not be required to
take the Course FDJJ 110, but shall read the FDJJ Course for Volunteers and sign the
PREA Acknowledgement to document their understanding of the training received
this course is available on the Department's PREA web page at htt1 ://www .di j
.state.fl. us/partners/prison-rape-elimination-act-
Prior to having contact with the residents all volunteers and contractors receive
training on their responsibilities under the agency’s sexual abuse and sexual
harassment prevention, detention, and response policies and procedures. The level
and type of training provided shall be based on the services they provide and the
level of contact they have with residents, but all volunteers and contractors who
have contact with residents shall be notified of the agency’s zero tolerance Policy
regarding sexual abuse and sexual harassment and be informed how to report such
incidents.
Contracting staff that were interviewed indicated they signed a contract for more
than ten hours a week and have to attend the Skill Pro 1 and 2. Since they are
medical staff they also have to attend Skill pro 3 and 4.
In reviewing the training for contractor it was determined that all education staff
had no received the contractor training and a corrective action plan was
implemented during the onsite audit. Resident were allowed to go on outside
recreation or watch television while all of the education staff attend contractor
training. This was document and uploaded to OAS.
115.332 (b):
The PAQ requires the level and type of training provided to volunteers and
contractors shall be based on the services they provide and level of contact they
have with residents, but all volunteers and contractors who have contact with
residents shall be notified of the agency's zero-tolerance policy regarding sexual
abuse and sexual harassment and informed how to report such incidents.
The facility policy 1919 PREA volunteer training provides that the level and type of
training provided to volunteers and contractors is based on the service they provide
and level of contact with youth. Volunteers and contractors who perform services on
a continuous basis or at regular intervals, or who volunteer for 10 hours or more
each month, must complete the PREA training prescribed for all full-time employees.
The course is available on the Department's Leaming Management System (Course
FDJJ 110).
All volunteers and contractors who have contact with residents shall be notified of
the agency’s zero-tolerance Policy regarding sexual abuse and sexual harassment
and informed how to report such incidents.
115.332 (c):
The PAQ requires the agency shall maintain documentation confirming that
volunteers and contractors understand the training they have received
The facility provided training acknowledgement forms for volunteer and contracting
staff.
The agency shall maintain documentation confirming that volunteers and
contractors understand the training they have received. The PREA Notification
document contains the information reviewed with the contractor and volunteer. The
document also serves as the training acknowledgement statement containing the
signature of the participant and the date, confirming their understanding of the
PREA information. During the last year 2 contractors received contractor training.
During the audit the Auditor interviewed the Lead Teacher to discuss contracting
teacher training. It was determined that all of the education staff had not received
the required training. A corrective action plan was developed and the staff received
the training on the first day of the onsite audit.
The medical director also discussed the training medical staff attend as full time
contractors.
Based on this analysis, the facility was substantially not compliant with this
provision and corrective action was initiated.
The facility trained all contracting educational staff on PREA during the onsite audit.
115.333 Resident education
Auditor Overall Determination: Exceeds Standard
Auditor Discussion
Evidence relied upon in making the compliance determinations
FDJJ Policy 1919 - Youth Training and education
Facility Operating Procedures (FOP) 3.09 PREA
Facility Operating Procedures (FOP) 3.09 PREA ( Attachment)
PREA acknowledgement form
Ten Different PREA Brochures (French Creole, Spanish, and English)
Special accommodations for disability
Youth education sign in Youth training Education material
Advocacy Posters including National Child Abuse
PREA Education Rosters
Resident acknowledgement forms
PREA Education Video 12 Resident Files
115.333 (a):
The PAQ requires During the intake process, residents shall receive information
explaining, in an age-appropriate fashion, the agency's zero tolerance policy
regarding sexual abuse and sexual harassment and how to report incidents or
suspicions of sexual abuse or sexual harassment.
The facility provided PREA Juvenile intake caption mp4 in English and Spanish and
trifold PREA brochure and policy 1919 PREA.
The MP juvenile orientation program is captioned in English and Spanish. It provides
the youth with the agency's zero tolerance policy regarding sexual abuse and sexual
harassment and how to report incidents or suspicions of sexual abuse or sexual
harassment.
The trifold is a brightly colored with four pages of information to the newly arrived
youth with the same information that the youth is able to keep on there person.
Policy 1919 mandate all DJJ facilities shall provide resident education in formats
accessible to all residents, including those who are limited English proficient, deaf,
visually impaired, or otherwise disabled, as well as to residents who have limited
reading skills. The agency maintains documentation of participation in the education
program. In addition to providing such education, the agency shall ensure that key
information is continuously and readily available or visible to residents through
posters, resident handbooks, or other written formats. The center conducts initial
training for all new residents when received at the facility usually within 72 hours
that provide all aspects of the training requirements. At the present time the facility
is providing comprehensive training when resident complete the intake process.
The intake staff reviewed the intake system and explained the education program
for new intake residents. According to the intake staff review the first video that
explains PREA. They then get a copy of the trifold and staff go over the trifold. Then
they resident meet with medical and mental health. After the medical and mental
health interview the residents return to the intake area which is very close to the
medical and mental area. The residents and intake staff review the VSAB and then
the resident views a more comprehensive video. According to the intake staff all
staff at the center have been trained on conducting the initial orientation as soon as
the resident arrives at the facility. The intake staff indicated the video is in Spanish
and they have a quick reference to contact any interpreter within less than five
minutes. When the resident is seen by medical or mental health they will let us
know that the resident needs to be provided initial training by reading the
information to them if they are cognitively disabled or nonreaders.
All residents interviewed indicated they viewed several videos when the first arrive
at the facility. The video included how to report, the zero tolerance, and that it was
against the rule to participate in any form of sexual activity. Nine of the residents
remember being given the trifold and the ACT pamphlet.
During the last 12 months 1873 residents have received the initial orientation.
115.333 (b):
The PAQ requires within 10 days of intake, the agency shall provide comprehensive
age-appropriate education to residents either in person or through video regarding
their rights to be free from sexual abuse and sexual harassment and to be free from
retaliation for reporting such incidents, and regarding agency policies and
procedures for responding to such incidents.
The facility provided PREA juvenile comprehensive video with captions in English
and the same video in Spanish with captions in Spanish, and Advocacy, Counseling
and Treatment (ACT) flyer with information on emotional support and an
acknowledgement form that the resident saw the video, received the orientation
trifold and understood the PREA training.
The comprehensive video includes all aspects of the PREA 115.333 standard.
According to interview with the intake staff, the resident watches the video after
staff have reviewed the VSAB with the resident. The resident can watch on a
television located in the intake area or on a computer screen. While the resident is
watching the video, the intake staff, facility administrator, clinical director and
Captain review the information to determine the best housing for the residents.
Residents receive information explaining the agency’s zero tolerance Policy in an
age-appropriate fashion including how to report incidents or suspicions of sexual
abuse or sexual harassment in the following manner. The comprehensive education
is in a format accessible to all residents, including those who are limited English
proficient, deaf, visually impaired, or otherwise disabled as well as to the residents
who have limited reading skills. The facility has the capability of providing the PREA
education in formats accessible to all residents including those who may be limited
English proficient; deaf; visually impaired, or otherwise disabled, and to residents
who have limited reading skills. According to documentation and interview with the
Facility administrator and the Assistant Facility Administrator, the local school
system will assist with the provision of services for disabled and limited English
proficient residents. If the youth report a deficiency or the staff are aware of a
deficiency in any of these areas, they report to the supervisor the need for an
additional resource. The supervisor notifies the facility administrator who will
contact the appropriate community resource services including the local board of
education. Arrangements will be made for an interpreter who can interpret
effectively, accurately, and impartially, both receptively and expressively, using any
necessary specialized vocabulary, when necessary. In all circumstances this center
will not rely on resident interpreters. Special needs youth are provided training, that
is age and maturity-based training per FOP Special Needs. Compliance was
confirmed by review of the resident acknowledgement statement and interview with
resident during the tour of the facility and in formal interview with 15 residents.
115.333 (c):
The PAQ requires current residents who have not received such education shall be
educated within one year of the effective date of the PREA standards, and shall
receive education upon transfer to a different facility to the extent that the policies
and procedures of the resident's new facility differ from those of the previous
facility.
The facility provided FDJJ Policy 1919 - Youth Training and education requires that
residents receive such education upon arrival or transfer at the facility and shall
receive education upon transfer to a different FDJJ center to the extent that the
policies and procedures of the resident’s new facility differ from those of the
previous center.
In interviews with the intake staff all residents have an initial orientation and a
comprehensive education which includes two videos, and two tri-fold brochures
when the arrive at the center.
In interviews with the residents, ten of the residents have been at the facility on
more than one occasion. Each indicated they have to watch the videos and receive
the brochures every time they come to the facility.
115.333 (d):
The PAQ requires the agency shall provide resident education in formats accessible
to all residents, including those who are limited English proficient, deaf, visually
impaired, or otherwise disabled, as well as to residents who have limited reading
skills.
The facility provided policy 1919, and language line contracts.
Policy 1919 mandates the facility shall provide resident education in formats
accessible to all residents, including those who are limited English proficient, deaf,
visually impaired, or otherwise disabled, as well as to residents who have limited
reading skills.
The facility has the capability to provide the PREA education in formats accessible
to all residents including those who may be hearing impaired; Deaf; have
intellectual, psychiatric and speech disabilities; low vision; blind; limited reading,
limited English proficient, and based on the individual need of the resident.
Documentation was reviewed of a contracting service for language lines. Posted
PREA information is in English and Spanish accessible to residents, staff,
contractors, volunteers, and visitors.
The PREA videos are present in English and Spanish with caption under each in the
appropriate language.
Staff interviews confirmed residents are not used as translators or readers for other
residents. The facility staff indicated that the facility director, education supervisor
and medical staff would work with the community resources to provide education to
residents regardless of their limitations or disabilities.
The education department assists in providing information one-on-one in large print,
visual aid and magnifiers, translation, and other services through the residents
individual Education Plan.
115.333 (e):
The PAQ requires the agency shall maintain documentation of resident participation
in these education sessions.
The facility provided policy 1919 and acknowledgement forms
Policy 1919 mandates that the facility shall maintain documentation of resident
participation in these education sessions.
A sample of signed acknowledgement statements were reviewed which supported
the residents’ involvement in PREA education sessions.
A file review of 10 resident included an acknowledgement statement for orientation
and comprehensive education.
115.333 (f):
The PAQ requires In addition to providing such education, the agency shall ensure
that key information is continuously and readily available or visible to residents
through posters, resident handbooks, or other written formats.
The facility provide ten posters and policy 1919 which indicates that in addition to
providing formal education, the agency shall ensure that key information is
continuously and readily available or visible to residents through posters, resident
handbooks, or other written formats.
The PREA education materials provide residents information on how to report
allegations of sexual harassment and sexual abuse. A safety guide is provided to
each resident to eliminate incidents of sexual abuse and sexual harassment. The
guide provides educational information regarding sexual abuse and victims in a
cartoon format. The residents revealed they can report allegations of sexual abuse
or sexual harassment by telling a staff member or telling a family. There was PREA
educational documentation noted throughout the facility including the lobby,
visitation and living units.
The Florida Department of Juvenile Justice has ten posters that are located
throughout the facility. During the initial tour of the facility some of the posters had
been removed during a painting project. A corrective action plan was required. All
ten posters were observed by the audit on the second day of the onsite audit.
All residents interviewed formally and informally during tour and subsequent visits
to the recreation area confirmed that staff talk to them on a daily basis about PREA.
They indicated that the staff that conduct PREA rounds will ask them questions
about PREA.
Compliance was determined by review of the agency policies, training curriculum,
posters, corrective action plan and resident files and interviews with staff and
residents.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.334 Specialized training: Investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determinations
Prison Rape Elimination Act - OIG investigator training
PREA Management
Policy 1919 Investigations
115.334 (a):
The PAQ requires In addition to the general training provided to all employees
pursuant to § 115.331, the agency shall ensure that, to the extent the agency
conducts sexual abuse investigations, its investigators have received training in
conducting such investigations in confinement settings.
The facility provided statement of fact that SRJDC does not conduct any form of
administrative or criminal sexual abuse investigation. All OIG investigators undergo
extensive training prior to conducting administrative investigations which includes
the “Basic Investigation Training” requirement.
115.334 (b):
The PAQ requires Specialized training shall include techniques for interviewing
juvenile sexual abuse victims, proper use of Miranda and Garrity warnings, sexual
abuse evidence collection in confinement settings, and the criteria and evidence
required to substantiate a case for administrative action or prosecution referral.
The facility provided policy 1919 which entails that in addition to the general
training provided to all employees pursuant to §115.331, the agency shall ensure
that, to the extent the agency itself conducts sexual abuse investigations, its
investigators have received training in conducting such investigations in
confinement settings.
While the agency does not conduct any investigation the chief of Office of General
Inspectors indicated The OIG staff receive specialized training shall include
techniques for interviewing juvenile sexual abuse victims, proper use of Miranda
and Garrity warnings, sexual abuse evidence collection in confinement settings, and
the criteria required to substantiate a case for administrative action or prosecution
referral.
115.334 (c):
The PAQ requires the agency shall maintain documentation that agency
investigators have completed the required specialized training in conducting sexual
abuse investigations.
The agency provided certifications from all staff that have received the specialized
training. There are 12 trained OIG inspectors at the time of the onsite audit. There
are 12 staff that have received training that conduct administrative reviews.
The chief of investigation indicated that all OIG staff received specialized training
required of this standard and additional training provided though the Office of
Inspector general training.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.335 Specialized training: Medical and mental health care
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determinations
FDJJ Policy 1919 -
Specialized Training Medical-MH Medical training
Mental health training
PREA-Mental Health and Medical Professionals Specialized training for medical and
mental health
PREA-Mental Health and Medical Professionals Skill Pro Medical/Mental Health
Modules
115.335 (a):
PAQ requires The agency shall ensure that all full- and part-time medical and mental
health care practitioners who work regularly in its facilities have been trained in:(1)
How to detect and assess signs of sexual abuse and sexual harassment;(2) How to
preserve physical evidence of sexual abuse;(3) How to respond effectively and
professionally to juvenile victims of sexual abuse and sexual harassment; and(4)
How and to whom to report allegations or suspicions of sexual abuse and sexual
harassment.
The facility provided FDJJ Policy 1919 PREA - Specialized Training Medical-MH
Medical training provides medical and mental health staff members receive the
regular PREA training and the specialized training is provided as part of FDJJ Sill Pro
training modules. In addition to the Zero Tolerance policy, all full- and part-time
medical and mental health care practitioners will be trained in the following: 1. How
to detect and assess signs of sexual abuse and sexual harassment. 2. How to
preserve physical evidence of sexual abuse. 3. How to respond effectively and
professionally to juvenile victims of sexual abuse and sexual harassment. 4. How
and to whom to report allegations or suspicions of sexual abuse and sexual
harassment. 5. Medical and mental health practitioners are required by mandatory
reporting laws to report sexual abuse. 6. Medical and mental health practitioners
shall inform residents at the initiation of services of their duty to report and the
limitations of confidentiality regarding sexual abuse. The medical and mental health
staff are contractors and also receive contractor training.
115.335 (b):
The PAQ requires If medical staff employed by the agency conduct forensic
examinations, such medical staff shall receive the appropriate training to conduct
such examinations.
The facility provided that forensic medical examinations are not conducted by the
facility medical staff or mental health staff.
Medical and mental health staff that were interviewed indicated they do no conduct
forensic examination. All of the medical staff that were interviewed indicated they
had received training from Florida Department of Juvenile Justice Skill Pro and
additional training from their contracting provider.
115.335 (c):
The PAQ requires the agency shall maintain documentation that medical and mental
health practitioners have received the training referenced in this standard either
from the agency or elsewhere.
The facility provided acknowledgement forms for medical and mental health staff
and statement of fact.
The facility acknowledges training indicating that medical and mental health staff
had attended medical specialized training. Based on PAQ 100% of the medical and
mental health employed at the center have received specialized training.
115.335 (d):
The PAQ requires Medical and mental health care practitioners shall also receive the
training mandated for employees under § 115.331 or for contractors and volunteers
under § 115.332, depending upon the practitioner's status at the agency.
The facility provided staff training acknowledgement form and policy 1919.
Policy 1919 requires that mental health and medical staff completed the general
and refresher training provided for all staff members. Since this a diverse population
of residents the clinical staff provide additional training on de-escalation, suicide
prevention, recognizing the needs of transgender residents, and sexual orientation,
gender identify expression.
A review of the training curriculum, acknowledgement documentation and interview
with medical and mental health staff confirmed that the staff have received
specialized training and generalized training as required by standards and have
additional training that exceeds the expectations of the standards.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.341 Obtaining information from residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
Screening procedures Vulnerability for Victimization and Sexual Aggressive Behavior
(VSAB)
FDJJ Policy 1919 - Screening (VSAB) Sample
Suicide Risk Screening Instrument
115.341 (a)(b)
The PAQ requires within 72 hours of the resident's arrival at the facility and
periodically throughout a resident's confinement, the agency shall obtain and use
information about each resident's personal history and behavior to reduce the risk
of sexual abuse by or upon a resident.
Such assessments shall be conducted using an objective screening instrument.
The facility provided Policy 1919 Screening (VSAB)
FDJJ Policy 1919 PREA - Screening mandates that all residents will be interviewed
using an objective screening instrument for risk of victimization, potential
vulnerabilities or sexual abusiveness tendencies to act out with sexually. Such
assessments shall be conducted using an objective screening instrument.
The initial screening occurs within four hours upon arrival at the facility to
determine placement and their special needs. The medical and mental health
screenings, conversations, classification assessments as well as reviewed court
records and case files. The Florida Department of Juvenile Justice has developed a
seamless system to provide youth in the State of Florida with the best possible
program to succeed. Prior to arriving at the facility, the Juvenile Assessment Center
will meet with the resident, review PREA and conduct the VSAB screening. This
information is transported in a sealed envelope to the facility intake staff. Medical
and mental health review the VSAB prior to admission of the resident. The intake
staff review the VSAB and intake information and discuss the medical and mental
health appraisals when the resident arrives in the intake area. Based on review of
the VSAB and interviews with the medical and mental health staff, a new VSAB may
be administered.
FDJJ Policy 1919 - Screening (VSAB) mandates that staff conduct screening. All
residents that make an allegation or sexual abuse or are named in the sexual abuse
allegation will be rescreened. Medical, mental health, and supervisory staff may
conduct an additional rescreening based on reasonable concerns regarding the
resident safety.
All staff that utilize the VSAB must complete the Skill Pro Training on conducting
Screenings. The facility uses the information gathered to make room and
programming assignments for the residents with the goal of keeping him safe and
free from sexual abuse. The program is prohibited from using isolating. The staff
members conducting the intake process will complete the screening using the PREA
screening tool and will immediately report any heightened risks to the supervisor on
duty before making housing decisions. Residents will be reassessed as needed. A
review of the resident files determined that most residents have been rescreened on
several occasions. Resident that was involved in an allegation of sexual abuse or
sexual harassment were rescreened during the investigative process.
115.341 (c):
The PAQ requires at a minimum, the agency shall attempt to ascertain information
about: (1) Prior sexual victimization or abusiveness; (2) Any gender nonconforming
appearance or manner or identification as lesbian, gay, bisexual, transgender, or
intersex, and whether the resident may therefore be vulnerable to sexual abuse; (3)
Current charges and offense history; (4) Age; (5) Level of emotional and cognitive
development; (6) Physical size and stature; (7) Mental illness or mental disabilities;
(8) Intellectual or developmental disabilities; (9) Physical disabilities; (10) The
resident's own perception of vulnerability; and (11) Any other specific information
about individual residents that may indicate heightened needs for supervision,
additional safety precautions, or separation from certain other residents.
The facility provided copies of the Risk of Victimization and Sexually Aggressive
Behavior(VSAB) The screening include mental, physical, or developmental
disabilities, age, physical build, prior incarcerations, criminal history (violent and
non-violent), prior convictions for sex offenses against an adult or child, prior acts of
sexual abuse, prior convictions for violent offenses, history of prior institutional
violence or sexual abuse, prior sexual victimization, perception of vulnerability, and
if the resident is or is perceived to be (LGBTQI) or gender nonconforming.
115.341 (d):
The PAQ requires This information shall be ascertained through conversations with
the resident during the intake process and medical and mental health screenings;
during classification assessments; and by reviewing court records, case files, facility
behavioral records, and other relevant documentation from the resident's files.
The facility provided FDJJ Policy1919 which mandates that all residents will be
interviewed using an objective screening instrument for risk of victimization
potential vulnerabilities or sexual abusiveness tendencies to act out with sexually
aggressive predatory behavior within seventy-two (72) hours.
The screening staff interviewed indicated staff review the residents’ court records,
suicide screening reports, family information and any other documents that are
provided to them at the time of intake. The screening staff utilizes the screening
instrument during the initial intake process that includes conversation with the
resident in a private setting.
The screening staff indicated they introduced the screening instrument to the
resident by explaining the purpose of the questions and acknowledges to the
residents that that the know they just had the same questions, but it is important in
order to make sure they are safe and get the most out of the stay at the center.
After the initial screening or prior to the screening the medical staff interviews the
residents and conducts a medical screening. The nurse indicated she talks about
sexual transmitted diseases and residents’ perception of vulnerability.
The clinical staff then interview the resident, review the resident’s file, the VSAB and
suicide screening and have a general conversation with the resident to determine
the clinician’s opinion on best placement for the residents.
All residents that were interviewed indicated they received the screening when they
were a Juvenile assessment center and then went over the screening with the intake
and mental health staff. The interviews were in a private office. Most of the resident
indicated they had completed the screening on several previous occasions.
115.341 (e)
The PAQ requires the agency shall implement appropriate controls on the
dissemination within the facility of responses to questions asked pursuant to this
standard in order to ensure that sensitive information is not exploited to the
resident's detriment by staff or other residents.
In interviews with the intake staff, PREA compliance manager and State PREA
coordinator, indicated the VSAB is located in the resident computerized file that is
password protected and only available on need to know basis. The resident files also
contain copies of the VSAB. These files are maintained in the file room, which is
locked and available to the case managers, clinical staff, medical staff, PREA
compliance manager and facility administrator.
The PREA coordinator interviewed indicated the agency’s PREA policy (FDJJ 1919)
specifically states that youth responses to questions on the risk
screening shall be on a need-to-know basis to ensure sensitive information is not
exploited to the youth’s detriment by staff or other youth.
During the tour of the facility the auditor noted that all computers were locked, the
file room door was secure and there were no files or confidential information on
anyone’s desk.
Based on the review of the agency Policy and procedures, observations and
information obtained through staff and resident interviews, and review of resident
files, the facility has demonstrated compliance with this standard.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.342 Placement of residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
FDJJ Policy 1919 - Placement of Youth
MHSA Intake and Screening
Staff VSAB Training Screening information
VSAB skill Pro training Suicide Risk sample Screening Instrument sample
Statement of Fact
115.342 (a):
The PAQ requires the agency shall use all information obtained pursuant to §
115.341 and subsequently to make housing, bed, program, education, and work
assignments for residents with the goal of keeping all residents safe and free from
sexual abuse.
The facility provided policy FDJJ Policy 1919 - Placement of Youth which establishes
protocol to house residents in a safe environment, taking into consideration his
VSAB, programming plan, and sexual orientation. The center did not have any
transgender or intersex residents at the time of the on-site audit.
Procedures state screening information shall be used to determine housing, bed,
work, education, and programming assignments within the Facility in order to keep
potential victims away from potential abusers. The computerized management
system will initiate a code for identified predator, potential predator, high
aggression risk, moderate aggression risk, identified prey, potential prey, high
victimization risk, moderate victimization risk.
According to interviews with the PCM and staff that conducts screening, the mental
health, medical, and PREA compliance manager (facility administrator) review the
screening instrument and MAYSI 2 and discuss the placement of residents while the
resident is watching the PREA video.
115.342 (b):
The PAQ requires Residents may be isolated from others only as a last resort when
less restrictive measures are inadequate to keep them and other residents safe, and
then only until an alternative means of keeping all residents safe can be arranged.
During any period of isolation, agencies shall not deny residents daily large-muscle
exercise and any legally required educational programming or special education
services. Residents in isolation shall receive daily visits from a medical or mental
health care clinician. Residents shall also have access to other programs and work
opportunities to the extent possible
The facility provided policy FDJJ Policy 1919 - Placement of Youth Individualized
determinations are made about how to ensure the safety of each resident.
Residents who score at risk of victimization or abusiveness are referred for further
evaluation with the Mental Health provider. Residents have an option of refusing
these services. The center has not segregated or removed residents from the
program for a PREA incident in the last 12 months.
The Facility administrator indicated that the center does have single rooms for
placement of resident to keep them safe, however they do not isolate residents. The
facility is in close proximity to another RYDC. If the facility staff feel that they cannot
protect the resident, the resident would be moved to the other RYDC in lieu of being
placed in an isolated area. He further stated in his years at the facility, he has never
isolated or moved a resident for fear of being a victim of sexual abuse.
115.342 (c):
The PAQ requires Lesbian, gay, bisexual, transgender, or intersex residents shall not
be placed in particular housing, bed, or other assignments solely on the basis of
such identification or status, nor shall agencies consider lesbian, gay, bisexual,
transgender, or intersex identification or status as an indicator of likelihood of being
sexually abusive.
The facility provided policy 1919 which clearly document Lesbian, gay, bisexual,
transgender, or intersex youth shall not be placed in housing, bed, or other
assignments solely based on such identification or status. Lesbian, gay, bisexual,
transgender, or intersex identification or status is not an indicator of likelihood of
being sexually abusive.
In interview with gay detainee he indicated he has never been in a specialized
housing unit and has not been told he was at any type of risk at the facility.
The PREA Coordinator interview indicated FDJJ does not have special housing units
for LGBTI youth.
115.342 (d) – (f)
The PAQ requires In deciding whether to assign a transgender or intersex resident to
a facility for male or female residents, and in making other housing and
programming assignments, the agency shall consider on a case-by-case basis
whether a placement would ensure the resident's health and safety, and whether
the placement would present management or security problems.
Placement and programming assignments for each transgender or intersex resident
shall be reassessed at least twice each year to review any threats to safety
experienced by the resident.
A transgender or intersex resident's own view with respect to his or her own safety
shall be given serious consideration.
The facility provided Policy 1919 which clearly indicates When assigning a
transgender or intersex youth to a male or female facility, staff shall consider on a
case-by-case basis l) whether a placement would ensure the youth's health and
safety and 2) whether the placement would present management or security
problems. Serious consideration shall be given to the youth's own views with
respect to his or her own safety.
Such placements and programming assignments shall be reassessed every six (6)
months to review any threats to safety experienced by the youth. Serious
consideration shall be given to the youth's own views with respect to his or her own
safety.
There was no transgender resident at the center during the on-site audit. In
interviews with the facility administrator the decision of placement of resident is
part of a continuing care program that includes the community staff, the
assessment center, parent or legal guardians, youth and DJJ medical administrator.
115.342 (g)
The PAQ requires Transgender and intersex residents shall be given the opportunity
to shower separately from other residents.
The facility provided policy 1919 which indicates transgender and intersex residents
are offered the opportunity to shower separately from other residents The facility
did have a transgender or intersex resident during the audit period.
115.342 (h)(i)
The PAQ requires If a resident is isolated pursuant to paragraph (b) of this section,
the facility shall clearly document: (1) The basis for the facility's concern for the
resident's safety; and (2) The reason why no alternative means of separation can be
arranged.
Every 30 days, the facility shall afford each resident described in paragraph (h) of
this section a review to determine whether there is a continuing need for separation
from the general population.
According to interviews with the facility administrator, the facility does not use
isolation to separate residents. The facility has one-man rooms and multiple housing
unit to house residents. The center has not segregated or removed residents from
the program for a PREA incident in the last 12 months.
The agency PREA coordinator and facility administrator interviewed indicated that
the center would comply with requirements of the standard if a detainee was placed
in isolation. However, prior to isolating a resident an assessment would be
completed, and alternative housing would be considered. The center has not utilized
isolation.
During a tour of the facility the auditor did not find any rooms that were isolated
from other residents. There were four rooms that were at one time used to isolated
resident. However, the bed and toilet had been removed and the rooms were used
for storage. In interviews with staff, all indicated they would never isolate a resident
for fear of being sexually abused.
The PREA coordinator indicated in interview indicated FDJJ does not have special
housing units for LGBTI youth.
Compliance of this standard was determined by review of the screening instrument,
interviews with medical and mental health director, and facility administrator.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.351 Resident reporting
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
CCC Florida Administrative code 63F
FDJJ Policy 1919 PREA –
Youth reporting General Counsel - PREA immigration status. Youth/Parent Handbook
PREA Brochures
Memo from DJJ General Counsel – Civil Immigration.
Mail and phone procedures. (site review)
Youth reporting Posters
2020 Florida Statues Title V Chapter 39 Proceedings related to Children.
Interviews
Random and Targeted Residents
PREA compliance manager
Random Staff
115.351 (a)
The PAQ requires the agency shall provide multiple internal ways for residents to
privately report sexual abuse and sexual harassment, retaliation by other residents
or staff for reporting sexual abuse and sexual harassment, and staff neglect or
violation of responsibilities that may have contributed to such incidents.
The facility provided policy 1919, youth reporting posters, PREA brochures
Policy 1919 indicates resident reporting states:
1. Florida Administrative Code Rule 63F-11, Central Communications
Center (CCC), requires that any allegation of sexual misconduct or youth-on-youth
sexual activity be reported to the CCC. The person making the report shall provide
basic information such as the date and time of the incident, where the incident
occurred, the supervising staff, and who may be involved. The CCC will make
appropriate notification to senior DJJ management who will in turn make subsequent
notification to management overseeing the facility where the alleged abuse
occurred. Other than making appropriate notification through Department channels,
staff should take no further actions other than those directed by law enforcement or
first responders.
2. There is no time limit on when a youth may report an allegation of
sexual misconduct. Youth shall be provided multiple internal ways to privately report
sexual misconduct, retaliation by other youth or staff for reporting sexual
misconduct, and staff neglect or violation of responsibilities that may have
contributed to such incidents.
3. Facilities must ensure all youth with disabilities (including, for example,
youth who are deaf or hard of hearing, those who are blind or have low vision, or
those who have intellectual, developmental, psychiatric, or speech disabilities),
have an equal opportunity to participate in or benefit from all aspects of the
Department's efforts to prevent, detect, and respond to sexual misconduct. The
facility must also ensure meaningful access to its efforts to prevent, detect, and
respond to sexual misconduct to youth who are limited English proficient, including
steps to provide interpreters who can interpret effectively, accurately, and
impartially, both receptively and expressively, using any necessary specialized
vocabulary. The facility may not use youth as interpreters, readers, or other
assistance to perform such functions except in limited circumstances where an
extended delay in obtaining an effective interpreter/reader/assistant could
compromise the youths' safety, the performance of the first responder duties, or the
investigation of the youth's allegations.
The above policies and External reporting mechanism identifies the multiple internal
ways for residents to report sexual abuse and harassment incidents, retaliation,
staff neglect or violation of responsibilities that may have contributed to such
incidents. Included are reporting to the Department of Children and Family hotline,
or to Central Communication Center Hotline. Both hotlines may be confidential.
Reports to these entities will be received and will be forwarded to the Office of
Inspector General or local Child and Family program. Policies also identified the
resident’s accessibility to filing a grievance, communication (telephone, visitation,
and correspondence) with their attorney and/ or parent/ guardian, staff providing
access to the hotline without asking the resident the purpose of the call, the staff
requirement of mandatory reporting and completing an incident report. The
department has provided a method for staff to privately report sexual abuse and
sexual harassment of residents. Florida Law explicitly mandates reporting of sexual
abuse sexual harassment. It also established a State Child Abuse Hotline which is
under the supervision of the Department of Children and Family Services. The
reporting of child abuse, abandonment, or neglect is codified in 2020 Florida Statues
Title V Chapter 39-“39.201” Mandatory reports of child abuse, abandonment, or
neglect; mandatory reports of death; central abuse hotline.— (1)(a) Any person who
knows, or has reasonable cause to suspect, that a child is abused, abandoned, or
neglected by a parent, legal custodian, caregiver, or other persons responsible for
the child’s welfare, as defined in this chapter, or that a child is in need of
supervision and care and has no parent, legal custodian, or responsible adult
relative immediately known and available to provide supervision and care shall
report such knowledge or suspicion to the department in the manner prescribed in
subsection (2). (b) Any person who knows, or who has reasonable cause to suspect,
that a child is abused by an adult other than a parent, legal custodian, caregiver, or
other person responsible for the child’s welfare, as defined in this chapter, shall
report such knowledge or suspicion to the department in the manner prescribed in
subsection
(2). (c) Any person who knows, or has reasonable cause to suspect, that a child is
the victim of childhood sexual abuse or the victim of a known or suspected juvenile
sexual offender, as defined in this chapter, shall report such knowledge or suspicion
to the department in the manner prescribed in subsection (2). (d) Reporters in the
following occupation categories are required to provide their names to the hotline
staff: 1. Physician, osteopathic physician, medical examiner, chiropractic physician,
nurse, or hospital personnel engaged in the admission, examination, care, or
treatment of persons; 2. Health or mental health professional other than one listed
in subparagraph 1.; 3. Practitioner who relies solely on spiritual means for healing;
4. School teacher or other school official or personnel; 5. Social worker, day care
center worker, or other professional childcare, foster care, residential, or
institutional worker; 6. Law enforcement officer; or 7. Judge.” Talk to, call or send a
letter or note to any of the following: A staff member you trust. Program
Administrator Your attorney or advocate Your parents or guardians Child Abuse
Hotline, Central Communication Center Hotline. Residents have the right to privately
report sexual assault, abuse, harassment or retaliation by other residents or staff for
reporting sexual abuse and sexual harassment, and staff neglect or violation of
responsibilities that may have contributed to such incidents to Direct Care Staff,
Volunteer, Intern, Supervisor, PREA Compliance Manager, and Facility Administrator
Resident can request facility staff call CCC, Sexual abuse registry (DCF), victim
advocate center to make an allegation of sexual abuse or sexual harassment. The
center has multiple cell phones located in the control room that residents can utilize
to make a report to the Child Abuse Hotline or Central Communication Center.
The facility provided an End the Silence brochure that provides the many ways that
resident can make a report of an allegation of sexual abuse or sexual harassment.
The brochures is provided to each resident and is located in each of the housing
units, educational wing, multipurpose room, visitation area and front entrance to the
facility. If was visible during the on site audit.
These programs were called using the telephone available for residents. In each
case the auditor was able to make a report to the program. CCC responded to the
report by text to the facility administrator. The Child Abuse Hotline indicated they
would report to the Department of Children and Family Services and local law
enforcement. Both indicated a resident could make a report anonymously and did
not have to use their names when making a report.
Fourteen residents were interviewed. Each of the resident were able to articulate at
least two ways to report and allegation of sexual abuse or sexual harassment. Ten of
the residents knew that the call to the Central Communication Center or Child
Abuse Hotline would be confidential and private. All of the residents had seen the
PREA posters that had multiple ways to make a report.
115.351 (b):
The PAQ requires the agency shall also provide at least one way for residents to
report abuse or harassment to a public or private entity or office that is not part of
the agency and that is able to receive and immediately forward resident reports of
sexual abuse and sexual harassment to agency officials, allowing the resident to
remain anonymous upon request. Residents detained solely for civil immigration
purposes shall be provided with information on how to contact relevant consular
officials and relevant officials at the Department of Homeland Security.
Policy 1919 requires the facility shall also provide at least one way for residents to
report abuse or harassment to a public or private entity or office that is not part of
the agency and that is able to receive and immediately forward resident reports of
sexual abuse and sexual harassment to agency officials, allowing the resident to
remain anonymous upon request. Residents may call the Child sexual abuse hotline
or Central Control Center. Residents may request to use a telephone with some
degree of privacy to call the hotline without having to obtain staff permission and
that mandates staff not to question residents about the reason for the call. The
facility also has the national child abuse hotline posters located throughout the
center.
A resident can request writing materials to write and send a letter to one of these
resources. Random residents interviewed were aware of the abuse hotline and were
able to articulate how they could gain access to the telephone. Residents indicated
they use the same phones to make calls to their parents, legal guardians, and
attorneys.
115.351 (c):
The PAQ requires staff to accept reports made verbally, in writing, anonymously,
and from third parties and shall promptly document any verbal reports.
Policy 1919 requires Any staff, contractor(s), or volunteer(s) who receives a report of
a sexual misconduct or possible sexual misconduct must ensure that it is reported
to the Department of Children and Families Florida Abuse Hotline, local law
enforcement if criminal in nature, and the CCC. Reports can be received verbally, in
writing, anonymously, and from third parties. All verbal reports shall be documented
promptly and reported accordingly. Apart from reporting to desiB1ated supervisors
or officials and designated state or local service agencies, staff are prohibited from
revealing any information related to a sexual misconduct report to anyone other
than to the extent necessary to make treatment, investigation, and other security
and management decisions. While victims and complainants may report
anonymously, staff who follow-up to report the allegations shall not be afforded
anonymous status.
All staff, contractors, and volunteers are required to immediately report any
knowledge, suspicion, or information received regarding 1) any incident of sexual
misconduct that has occurred in a facility; 2) retaliation against youth or staff who
report sexual misconduct; and 3) any staff neglect or violation of responsibilities
that may have contributed to an incident of sexual misconduct or retaliation to the
Florida Abuse Hotline, local law enforcement if criminal in nature, and the CCC as
required by mandatory reporting laws and Department policy.
The staff interviews confirmed the methods available to residents for reporting
allegations of sexual abuse and sexual harassment. Staff members are required to
accept third party reports and to document verbal reports. All staff and residents
interviewed revealed they are familiar with the provisions of the standard.
All of the residents’ interviews demonstrated their familiarity with the various ways
they may report either in person, in writing, by phone, completing a PREA/grievance
or Medical Request Form, or through a third-party. Twelve of the residents
interviewed were aware third-party reports could be made and that reports could be
made anonymously.
Staff members interviewed were aware of their duty to receive and document third-
party reports. Staff indicated the would accept a verbal report, complete and
incident report, notify the shift supervisor and call CCC or Child Abuse hotline as
soon as possible not to exceed two hours.
115.351 (d):
The PAQ requires the facility shall provide residents with access to tools necessary
to make a written report.
The facility provides residents with access to tools necessary to make a written
report. Writing materials are readily available for residents to complete the
accessible forms. Prior to the site visit pictures were sent to the auditor showing the
reporting forms such as PREA/Grievance forms and Medical Request Forms and the
accessibility of writing utensils. During the site visit and while on the site review, the
auditor observed the accessibility of writing utensils to the residents.
Administrator and must immediately notify the Sexual Abuse Registry Hotline. Staff
and Facility Administrator confirmed that staff may report directly to the facility
administrator, and he will coordinate with the staff to call CCC, sexual abuse
registry, local law enforcement and legal guardian.
115.351 (e):
The PAQ requires the agency shall provide a method for staff to privately report
sexual abuse and sexual harassment of residents.
Policy and employee handbook provide ways staff may make anonymous reports of
sexual abuse and sexual harassment of residents to their local law enforcement,
state reporting agency (CCC), Department of Family and Children Hotline, PREA
Coordinator, facility administrator or the PREA compliance manager. Reporting
poster were located in the staff break area.
All staff interviewed knew of the ways they could make an anonymous report.
Compliance was determined by review of posters, policy, and interview with staff,
calls to CCC, child abuse registry hotline, and PREA Coordinator.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.352 Exhaustion of administrative remedies
Auditor Overall Determination: Meets Standard
Auditor Discussion
FDJJ Policy 1919 Youth Grievance
Youth Grievances Forms
Florida Administrative Code Rule 63f-11 Central Communications Center (CCC)
15.252 (a): Resident may file a grievance regarding sexual abuse or sexual
harassment. However, the director will forward the grievance to the CCC within 2
hours of receiving the grievance. The facility will not undertake investigations of the
grievance, however if it is an emergency grievance and the resident claims or
appears to be imminent danger or if the grievance claims staff member sexual
abuse, the facility director will take immediate steps to protect the resident, to
preserve the crime scene and to remove the staff from the areas where the resident
is housed or placed staff member on administrative leave pending investigation.
Instructions on how to file grievances are provided to residents on PREA Education
Manual for Residents and PREA posters. While the agency utilizes the Grievance
system only for residents to make allegations of sexual abuse or sexual harassment,
the grievance system does meet the standards for reporting non PREA related
allegations.
Florida Administrative Code Rule 63f-11 Central Communications Center (CCC)
requires that any allegation of sexual misconduct or youth-on-youth sexual activity
be reported to the CCC. The person making the report shall provide basic
information such as the date and time of the incident, where the incident occurred,
the supervising staff, and who may be involved. The CCC will make appropriate
notification to senior DJJ management who will in turn make subsequent notification
to management overseeing the facility where the alleged abuse occurred. Other
than making appropriate notification through Department channels, staff should
take no further actions other than those directed by law enforcement or first
responders. There is no time limit on when a youth may report an allegation of
sexual misconduct. Youth shall be provided multiple internal ways to privately report
sexual misconduct, retaliation by other youth or staff for reporting sexual
misconduct, and staff neglect or violation of responsibilities that may have
contributed to such incidents.
However, the director will forward the grievance to the CCC within 2 hours of
receiving the grievance. The facility will not undertake investigations of the
grievance, however if it is an emergency grievance and the resident claims or
appears to be imminent danger or if the grievance claims staff member sexual
abuse, the facility director will take immediate steps to protect the resident, to
preserve the crime scene and to remove the staff from the areas where the resident
is housed or placed staff member on administrative leave pending investigation.
Instructions on how to file grievances are provided to residents on PREA Education
Manual for Residents and PREA posters. While the agency utilizes the Grievance
system only for residents to make allegations of sexual abuse or sexual harassment,
the grievance system does meet the standards for reporting non PREA related
allegations.
115.252 (b): There is no time limit when a resident can submit a grievance
regarding sexual abuse. JRJDC does not impose a time limit on any portion of a
grievance that does not allege an incident of sexual abuse. Residents are not
required to use any informal grievance process or attempt to resolve with staff an
alleged incident of sexual abuse. There have been no Grievance alleging sexual
abuse or sexual harassment in the last 12 months.
15.252 (c): Based on facility policies, residents have a right to submit grievances
alleging sexual abuse to someone other than the staff member who is the subject of
the complaint and the grievance will not be referred to the subject of the complaint.
Residents may submit grievances to the Facility Director or PREA Coordinator. If a
third-party file grievance on a resident’s behalf, the alleged victim must agree to
have the grievance filed on his behalf.
115.252 (d): A final decision shall be issued on the merits of any portion of the
grievance alleging sexual abuse within 90 days of the initial filing of the grievance.
Computation of the 90-day time period shall not include time consumed by
individuals in the facility in preparing any administrative appeal. Facilities may claim
an extension of time to respond (for good cause), of up to 70 days and shall notify
the individual of the extension in writing. At any level of the administrative process,
including the final level, if the individual does not receive a response within the time
allotted for reply, including any properly noticed extension, the individual may
consider the absence of the response to be a denial at the first level. If the agency
is not able to conduct the investigations and notify the resident in the time
permitted by the policy, the agency may notify the resident of the inability to
respond, the purpose of the delay and a time when the investigation will be
completed.
115.252 (e): Third parties such as fellow residents, family members, attorneys or
outside advocates may assist residents in filing requests for administrative
remedies relating to allegations of sexual abuse and may file on behalf of residents.
The alleged victim must agree to have the request filed on his or her behalf;
however, he/she is not required to personally pursue any subsequent steps in the
administrative remedy process. If the resident declines to have the request
processed on his or her behalf, the agency shall document the resident’s decision.
In an interview with the PREA Compliance Manager and on information provided in
the Pre-Audit Questionnaire, in the past 12 months, there were no grievances filed
by a third party.
115.252 (f): Residents may file an emergency grievance if they feel they are
subject to substantial risk of imminent sexual abuse. After receiving an emergency
grievance of this nature, the Facility Director designee will ensure that immediate
corrective action is taken to protect the alleged victim. The allegation will be
reported to the Central Communication Center within 2 hours of received the report
or being made a aware of a resident that is at risk of sexual abuse.
115.252 (g): A resident can be disciplined for filing a grievance related to alleged
sexual abuse if it is determined that the inmate filed the grievance in bad faith.
There has been no disciplinary action due to filing a grievance in bad faith.
Staff and residents interviewed were aware of the grievance system and how to
access forms, pencils and were aware of the location of the grievance box.
Compliance was determined by review of the policies, interview PREA compliance
managers, residents, and presence of grievance provides a procedure for residents
to submit grievances regarding sexual abuse and the agency has procedures for
dealing with these grievances. Instructions on how to file grievances are provided to
residents in the residents’ handbook and PREA posters.
Resident access to outside confidential support services and legal
115.353
representation
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
DJJ Policy 1919 Outside Support
MOU – Advocacy, Counseling and Treatment Center (ACT)
MOU/ Interview
National Child Abuse Hotline Poster
Victim Advocate Brochures
115.353 (a):
The facility shall provide residents with access to outside victim advocates for
emotional support services related to sexual abuse, by providing, posting, or
otherwise making accessible mailing addresses and telephone numbers, including
toll free hotline numbers where available, of local, State, or national victim
advocacy or rape crisis organizations, and, for persons detained solely for civil
immigration purposes, immigrant services agencies. The facility shall enable
reasonable communication between residents and these organizations and
agencies, in as confidential a manner as possible.
The facility provided FDJJ policy 1919 Outside Support Services, Advocacy
Counseling and Treatment Center, National Child abuse Hotline, Poster for Us
Citizenship and Immigration Services.
DJJ Policy 1919 mandates the facility shall provide residents with access to outside
victim advocates for emotional support services related to sexual abuse, by
providing, posting, or otherwise making accessible mailing addresses and telephone
numbers, including toll free hotline numbers where available, of local, State, or
national victim advocacy or rape crisis organizations, and, for persons detained
solely for civil immigration purposes, immigrant services agencies. The facility shall
enable reasonable communication between residents and these organizations and
agencies, in as confidential a manner as possible. SRJDC ensures residents are
provided with access to outside confidential support services.
MOU with Advocacy, Counseling and Treatment Center provides emotional support,
counselling, follow-up support, and referral for treatment after release or transfer to
another facility. The staff indicated that besides providing victim advocacy, they
provide a telephone number that will allow the resident to talk to a trained
counselor for emotional support. They would also make arrangements to visit with
the victim or have the victim taken to them or another location if allowed by the
facility. The center is also is utilized for investigation interviews and SANE. In
interviews with the center they have a working relationship with SRJDC.
The center Poster for Citizenship and Immigrations is in English and Spanish and is
located in the living units, multipurpose room and front entrance.
The SRJDC does not house residents for solely civil immigration purposes. There are
posters located throughout the facility regarding US Citizenship and Immigration
Services and corresponding address and telephone number.
Fourteen residents were interviewed regarding ACT program. Ten were well aware
of the program, the program services, and how to contact the program, that the
calls were free and you could call at any time.
Two were aware of the program, however, was not sure of the purpose of the
program and how to contact the program.
Two residents indicated they were not aware of the program.
The center did a group meeting with all of the resident during the on-site audit and
discussed the program with the resident. In interview with the ACT staff, the staff
indicated they had been to the center on several occasions to meet with the
population and would plan to conducted another training program in the near
future. It was recommended that video the training and use it as past of the
comprehensive education program.
115.353 (b):
The PAQ requires the facility shall inform residents, prior to giving them access, of
the extent to which such communications will be monitored and the extent to which
reports of abuse will be forwarded to authorities in accordance with mandatory
reporting laws.
The facility provided policy 1919 and MOU with ACT.
Policy 1919 requires the center to inform residents, prior to giving them access, of
the extent to which such communications will be monitored and the extent to which
reports of abuse will be forwarded to authorities in accordance with mandatory
reporting laws. The policy addresses confidentiality of the advocacy support
services. The resident receives information regarding the limitations of
confidentiality during the intake process. An acknowledgement statement specific to
the review of the reporting and advocacy services contains information regarding
the advocacy services to be provided by Advocacy, Counseling and Treatment
Center. When contacted by phone the center’s staff explained they always tell the
caller that the telephone calls are confidential.
The ten resident that were aware of the program and services and two of the
resident that were aware of the program, however provided little information on the
program were aware that the program is private and staff do not listen to your calls.
115.353 (c):
The PAQ requires the agency shall maintain or attempt to enter into memoranda of
understanding or other agreements with community service providers that are able
to provide residents with confidential emotional support services related to sexual
abuse. The agency shall maintain copies of agreements or documentation showing
attempts to enter into such agreements.
The agency shall maintain or attempt to enter into memoranda of understanding or
other agreements with community service providers that are able to provide
residents with confidential emotional support services related to sexual abuse. The
agency shall maintain copies of agreements or documentation showing attempts to
enter into such agreements. The agency is identified on the signage along with
directions for reporting allegations or requesting advocacy services. The Facility
Administrator confirmed the availability and accessibility of outside confidential
support services to residents. In interviews with the ACT staff, they indicated that
they have a MOU. This center uploaded the MOU in the OAS system.
115.353 (d):
The PAQ requires the facility shall also provide residents with reasonable and
confidential access to their attorneys or other legal representation and reasonable
access to parents or legal guardians.
The interview’s confirmed residents have access to attorneys and court workers and
reasonable access to their parents/legal guardians.
The site tour revealed areas where residents could meet privately with a legal
representative and the visitation area for visits with family members.
All residents interviewed stated families could visit and they provided the days and
times of visitation and for phone calls.
Residents interviewed confirmed the facility would allow them to see or talk with
their lawyer, another lawyer, or a court representative privately. Residents
interviewed confirmed the facility would allow them to see and talk with their
parents or someone else, such as a legal guardian. Visitors to the facility are
informed of PREA.
The Facility Administrator (PREA compliance manager) confirmed the facility
provides residents with reasonable and confidential access to their attorneys or
court representatives and reasonable access to parents or legal. The resident can
contact their attorney by requesting an attorney call and staff will expedite the call
and let the resident call from a private office. Attorneys are requested to provide a
thirty-minute notification that they are coming to see a client. However, based on
interviews and during the site review, the County public defenders were at the
center and were interviewing residents on both days the audit was onsite.
Residents interviewed formally and informally while touring the facility indicated
they are allowed to visit their families and are allowed to talk privately with their
parents of legal counsel. Unless the youth has been adjudicated and is being held
for an opening in a program, the community corrections staff and attorneys
continue to meet with the resident in determining the placement decisions.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.354 Third-party reporting
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
Posted Information
PREA Brochure
FDJJ Policy 1919 PREA- Third Party Reporting
115.354 (a)
The PAQ requires the agency shall establish a method to receive third-party reports
of sexual abuse and sexual harassment and shall distribute publicly information on
how to report sexual abuse and sexual harassment on behalf of a resident.
The center provided policy 1919 and posted third party reporting procedures.
FDJJ Policy 1919- Third Party Reporting process, instructs staff to accept third party
reports from any source, provides information for anyone who sees or suspects
sexual abuse, sexual harassment, or victimization of any kind to report it promptly
through FDJJ websites provides the public with information regarding third party
reporting of sexual abuse or sexual harassment on behalf of a resident.
Additionally, the staff provides the parent/guardian with a packet containing varied
forms, victim advocate services and third-party reporting information.
Reporting Posters were posted in the visitation room during the audit and the main
lobby of the facility. The posters contains phone number and the various ways for
families to make notification of sexual abuse or sexual harassment to FDJJ or to
SRJDC.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.361 Staff and agency reporting duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
FDJJ Policy 1919 PREA; - Reporting Allegations
FDJJ Staff PREA Education and Training
Florida Code 39 Section 201-2020
FDJJ Policy 1.12 Incident- CCC reporting Staff Training
FOP 3. 09
Interview
PREA Compliance Manger
Facility Administrator
Random Staff
Medical and Mental Health Staff
115.361 (a) (b):
The PAQ requires The agency shall require all staff to report immediately and
according to agency policy any knowledge, suspicion, or information they receive
regarding an incident of sexual abuse or sexual harassment that occurred in a
facility, whether or not it is part of the agency; retaliation against residents or staff
who reported such an incident; and any staff neglect or violation of responsibilities
that may have contributed to an incident or retaliation.
The agency shall also require all staff to comply with any applicable mandatory child
abuse reporting laws.
The facility provided Florida Code 39 Section 201-2020, FDJJ Policy 1919 PREA; -
Reporting Allegations and FDJJ Staff PREA Education and Training
Florida Code 39 Section 201-2020 Mandatory reports of child abuse, abandonment,
or neglect; mandatory reports of death; central abuse hotline.— (1)(a) Any person
who knows, or has reasonable cause to suspect, that a child is abused, abandoned,
or neglected by a parent, legal custodian, caregiver, or other person responsible for
the child’s welfare, as defined in this chapter, or that a child is in need of
supervision and care and has no parent, legal custodian, or responsible adult
relative immediately known and available to provide supervision and care shall
report such knowledge or suspicion to the department in the manner prescribed in
subsection (2). (b) Any person who knows, or who has reasonable cause to
suspect, that a child is abused by an adult other than a parent, legal custodian,
caregiver, or other person responsible for the child’s welfare, as defined in this
chapter, shall report such knowledge or suspicion to the department in the manner
prescribed in subsection (2). (c) Any person who knows, or has reasonable cause
to suspect, that a child is the victim of childhood sexual abuse or the victim of a
known or suspected juvenile sexual offender, as defined in this chapter, shall report
such knowledge or suspicion to the department in the manner prescribed in
subsection (2). (d) Reporters in the following occupation categories are required to
provide their names to the hotline staff: 1. Physician, osteopathic physician,
medical examiner, chiropractic physician, nurse, or hospital personnel engaged in
the admission, examination, care, or treatment of persons; 2. Health or mental
health professional other than one listed in subparagraph 1.; 3. Practitioner who
relies solely on spiritual means for healing; 4. School teacher or other school
official or personnel; 5. Social worker, day care center worker, or other professional
child care, foster care, residential, or institutional worker; 6. Law enforcement
officer; or 7. Judge. The names of reporters shall be entered into the record of the
report, but shall be held confidential and exempt as provided in s. 39.202. (e) A
professional who is hired by or enters into a contract with the department for the
purpose of treating or counseling any person, as a result of a report of child abuse,
abandonment, or neglect, is not required to again report to the central abuse hotline
the abuse, abandonment, or neglect that was the subject of the referral for
treatment. (f) An officer or employee of the judicial branch is not required to again
provide notice of reasonable cause to suspect child abuse, abandonment, or neglect
when that child is currently being investigated by the department, there is an
existing dependency case, or the matter has previously been reported to the
department, provided there is reasonable cause to believe the information is
already known to the department. This paragraph applies only when the information
has been provided to the officer or employee in the course of carrying out his or her
official duties.
3. Policy 1919 requires All staff, contractors, and volunteers are required to
immediately report any knowledge, suspicion, or information received regarding 1)
any incident of sexual misconduct that has occurred in a facility; 2) retaliation
against youth or staff who report sexual misconduct; and 3) any staff neglect or
violation of responsibilities that may have contributed to an incident of sexual
misconduct or retaliation to the Florida Abuse Hotline, local law enforcement if
criminal in nature, and the CCC as required by mandatory reporting laws and
Department policy.
During the intake process, residents are informed of the facility’s duty to report and
the limitations of confidentiality. Medical and Mental Health Staff meet with the
resident upon arrival at the facility. Medical conducts a nurse’s appraisal and mental
health does a suicide screening. During the intake process residents are informed on
their duties to report and sign an acknowledgement form.
1. Employees, Contractors, and Volunteers are required to immediately report any of
the following:
a. Knowledge, suspicion, or information regarding an incident of sexual abuse,
sexual harassment, or exploitation that occurred in the facility.
b. Retaliation against residents or employees who reported such an incident.
c. Any employee, contractor, or volunteer neglect or violation of
responsibilities that may have contributed to an incident or retaliation.
3. Any employee, contractor, or volunteer suspecting abuse, neglect, or
exploitation must immediately report the incident to DJJ CCC and child abuse
registry hotline. Following a report, the employee, volunteer, or contractor
suspecting sexual abuse or sexual harassment will immediately notify the PREA
Compliance Manager or Administrator On-Duty.
4. If an alleged crime occurs against a child or adolescent, the PREA
Compliance Manager, Administrator On-Duty, or designee shall immediately notify
law enforcement authorities.
5. The alleged victim’s parents/legal guardians will also be notified,
unless the facility has official documentation showing the parents or legal guardians
should not be notified.
6. If a juvenile court has jurisdiction over the alleged victim, and contact
information is able to be obtained, the Administrator On-Duty or designee will also
report the allegation to the alleged victim’s attorney, juvenile probation officer, or
other legal representative of record within 14 days of receiving the allegation.
All attempts to contact the child’s attorney or receive contact information for the
child’s attorney will be documented. FDJJ Policy 1919 - Reporting Allegations and
FDJJ Staff training mandates that all employees, volunteers, interns, and contractors
shall immediately report to their supervisor any knowledge, suspicion, or
information regarding an incident of sexual abuse or sexual harassment that
occurred in the facility, retaliation against residents or staff who reported such an
incident, and any staff neglect or violation of responsibilities that may have
contributed to an incident or retaliation. Upon receiving any allegation of sexual
abuse, the facility administrator promptly reports allegations to the Agency’s
Central Communication Center (CCC). Florida Administrative Code Rule 63f-11
Central
Communications Center (CCC) requires that any allegation of sexual misconduct or
youth-on-youth sexual activity be reported to the CCC. The person making the
report shall provide basic information such as the date and time of the incident,
where the incident occurred, the supervising staff, and who may be involved. The
CCC will make appropriate notification to senior DJJ management who will in turn
make subsequent notification to management overseeing the facility where the
alleged abuse occurred. Other than making appropriate notification through
Department channels, staff should take no further actions other than those directed
by law enforcement or first responders.
115.361 (c):
The PAQ requires Apart from reporting to designated supervisors or officials and
designated State or local services agencies, staff shall be prohibited from revealing
any information related to a sexual abuse report to anyone other than to the extent
necessary, as specified in agency policy, to make treatment, investigation, and
other security and management decisions.
The facility provided policy 1919 and staff training.
Policy 1919 indicates that only designated employees specified by policy should be
informed of the incident in order to respect the victim’s privacy, security, and
identity. All allegations of sexual abuse shall be handled in a confidential manner
throughout the investigation. All conversations and contact with the alleged victim
should be sensitive, supportive, and non-judgmental.
Skill Pro 1 training indicates that all staff are mandated reporters in Florida.
Fourteen random staff were interviewed. Each of the persons interviewed knew they
were mandated reporters and were aware that they report to their shift supervisor
and CCC or Child abuse hotline and only to another person such as medical on a
need to know basis.
115.361 (d):
The PAQ requires (1) Medical and mental health practitioners shall be required to
report sexual abuse to designated supervisors and officials pursuant to paragraph
(a) of this section, as well as to the designated State or local services agency where
required by mandatory reporting laws. (2) Such practitioners shall be required to
inform residents at the initiation of services of their duty to report and the
limitations of confidentiality.
The medical and mental health staff interviewed stated residents are informed at
the initiation of services of the limitations of confidentiality and the duty of the staff
members to report. The clinical staff interviewed revealed they are mandated
reporters. They also indicated informed consent would be documented for a
resident 18 years old and over regarding reporting allegations of sexual abuse that
did not occur in an institutional setting. The medical staff interviewed indicated
medical does a medical appraisal at soon as they arrive at the center. During the
appraisal the residents are advised of their duty to report and explain the reporting
process. If the resident is 18 years or older, the medical staff indicated that if they
report an sexual abuse or neglect that did not happen in a facility and did not
happen prior to them turning 18 they would have to get another consent form to
make a report.
115.361 (e):
The PAQ requires 1) Upon receiving any allegation of sexual abuse, the facility head
or his or her designee shall promptly report the allegation to the appropriate agency
office and to the alleged victim's parents or legal guardians, unless the facility has
official documentation showing the parents or legal guardians should not be
notified. (2) If the alleged victim is under the guardianship of the child welfare
system, the report shall be made to the alleged victim's caseworker instead of the
parents or legal guardians. (3) If a juvenile court retains jurisdiction over the alleged
victim, the facility head or designee shall also report the allegation to the juvenile's
attorney or other legal representative of record within 14 days of receiving the
allegation.
The facility provided interviews with PREA Compliance Manager and Superintendent
and CCC policy and procedures and policy 1919
Policy 1919 and CCC and staff are trained on the following;
1) Upon receiving any allegation of sexual abuse, the facility head or his or her
designee shall promptly report the allegation to the appropriate agency office and
to the alleged victim's parents or legal guardians, unless the facility has official
documentation showing the parents or legal guardians should not be notified. (2) If
the alleged victim is under the guardianship of the child welfare system, the report
shall be made to the alleged victim's case worker instead of the parents or legal
guardians. (3) If a juvenile court retains jurisdiction over the alleged victim, the
facility head or designee shall also report the allegation to the juvenile's attorney or
other legal representative of record within 14 days of receiving the allegation.
Policy 1919 and CCC further mandates that the PREA Compliance Manager,
Administrator On-Duty, or designee shall immediately notify law enforcement
authorities. The alleged victim’s parents/legal guardians will also be notified, unless
the facility has official documentation showing the parents or legal guardians should
not be notified. If a juvenile court has jurisdiction over the alleged victim, and
contact information is able to be obtained, the Administrator On-Duty or designee
will also report the allegation to the alleged victim’s attorney, juvenile probation
officer, or other legal representative of record within 14 days of receiving the
allegation. All attempts to contact the child’s attorney or receive contact
information for the child’s attorney will be documented.
In interview with the Facility administrator (PCM) Florida Department of Justice
mandate that the person with the most information on an incident or the facility
administrator will contact the Central Communication Center within 2 hours of being
made aware of any sexual abuse or sexual harassment that occurs within the
program, regardless if it happened in the center or while away from the center.
It is the responsibility of the Administrator to notify the parents, case manager,
attorney, child abuse hotline and to document the notification including date, time
and person they advised.
115.361 (f):
The PAQ requires the facility shall report all allegations of sexual abuse and sexual
harassment, including third-party and anonymous reports, to the facility's
designated investigators.
The facility provided policy 1919 and staff training:
Staff training and policy mandates that all employees, volunteers, interns, and
contractors shall immediately report any knowledge, suspicion, or information
regarding an incident of sexual abuse or sexual harassment that occurred in the
facility, retaliation against residents or staff who reported such an incident, and any
staff neglect or violation of responsibilities that may have contributed to an incident
or retaliation to the shift supervisor, PCM or Administrator. The Administrator or
highest-ranking staff on duty will notify CCC and child abuse registry hotline within 2
hours of be informed of an allegation of sexual abuse or sexual harassment. CCC
will make notification to OIG. The facility staff on duty will immediately notify Local
Law Enforcement of any allegation that is criminal in nature.
Policy and training also require reporting any third-party reports of sexual abuse,
sexual harassment, staff neglect and retaliation.
The center has not had an allegation of sexual abuse or sexual harassment in the
last PREA cycle.
Compliance was determined by review of policies, training, and interviews with
direct care staff and first responders that are not direct care staff, the facility
administrator, and the agency head designee and the PREA coordinator.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.362 Agency protection duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
FDJJ Policy 1919 - Agency Protection Duties
PAQ
115.362 (a)
The PAQ requires when an agency learns that a resident is subject to a substantial
risk of imminent sexual abuse, it shall take immediate action to protect the resident.
The center provided Policy 1919 which requires staff to protect the residents
through immediately implementing protective measures. Interviews with the
residents revealed their concerns about their own safety is discussed during the
intake process and during the administration of Screening assessments. Policies
require that if the resident alleges, they are at substantial risk of imminent sexual
abuse, staff will take immediate steps to ensure the safety of the resident. The
direct care staff will take steps to separate the alleged victim from the alleged
perpetrator and notify the staff with highest authority at the facility and the
assistant facility administrator, or facility administrator. These staff will then
determine the best options to protect the victim. The staff will then follow the
mandatory reporting steps. All residents meet with the mental health staff (usually
the Clinical Director) within three days of arriving at the center and once a month
with their case manager and mental health provider. During these meeting
residents are asked if they feel safe at the facility. There have been no instances
where residents were in imminent danger of sexual abuse.
During the formal interviews with residents the auditor asked each resident about
their feelings of safety at the center. All residents indicated they felt safe and the
staff at the center were available to them if they had any concerns.
The Florida Agency Head, the PREA coordinator and facility administrator all
indicated that staff have a duty to immediately provide protected measure to
protect a resident from sexual abuse or perception or fear of being sexual abused.
The agency head indicated staff should immediately notify the supervisor, move the
resident to a safe area or another facility if needed, notify law enforcement and CCC
immediately.
Compliance was determined by review of policies and interviews with direct care
staff, non-direct care staff, and the facility administrator.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.363 Reporting to other confinement facilities
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
FDJJ Policy 1.12 Incident- CCC reporting
FDJJ Policy 1919 - Reporting to other facilities
Statement of Fact
Interviews
Facility Administrator
Agency Head
115.363(a-d)
The PAQ requires
Upon receiving an allegation that a resident was sexually abused while confined at
another facility, the head of the facility that received the allegation shall notify the
head of the facility or appropriate office of the agency where the alleged abuse
occurred and shall also notify the appropriate investigative agency.
Such notification shall be provided as soon as possible, but no later than 72 hours
after receiving the allegation.
The agency shall document that it has provided such notification.
The facility head or agency office that receives such notification shall ensure that
the allegation is investigated in accordance with these standards.
The facility provide policy FDJJ Policy 1919 - Reporting to other facilities which state
upon receiving an allegation that a resident was sexually abused while confined at
another facility, the head of the facility that received the allegation shall notify the
head of the facility or appropriate office of the agency where the alleged abuse
occurred and shall also notify the appropriate investigative agency. (b) Such
notification shall be provided as soon as possible, but no later than 72 hours after
receiving the allegation. (c)The agency shall document that it has provided such
notification. (d) The facility head or agency office that receives such notification
shall ensure that the allegation is investigated in accordance with these standards.
During the past 12 months, there were no allegations received a resident was
abused while confined to another facility.
The agency head indicated in interview that the receiving center must immediately
notify the sending center and CCC. The notification must occur within 2 hours of the
center being made aware of an allegation of sexual abuse or sexual harassment.
The facility administrator indicated that the administrator must make the
notification unless he is not available. In which case then the acting facility
administrator will make the notification.
In interviews with the Chief of Investigation, he indicated that the OIG has staff
located throughout the State and they would respond to the center where the
notification originated and to the sending center.
Based on the review of the agency Policy and procedures, observations and
information obtained through staff interviews and review of documentation, the
facility has demonstrated compliance with this standard.
115.364 Staff first responder duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
SRJDC First Responder Plan
FDJJ Policy 1919 – Responding to Allegations
Staff training
Volunteer and Contractor Training
Investigation procedures from OIG
Statement of Fact
Random Staff interviews
Mental health staff
115.364 (a):
The PAQ requires Upon learning of an allegation that a resident was sexually
abused, the first staff member to respond to the report shall be required to: (1)
Separate the alleged victim and abuser; (2) Preserve and protect any crime scene
until appropriate steps can be taken to collect any evidence; (3) If the abuse
occurred within a time period that still allows for the collection of physical evidence,
request that the alleged victim not take any actions that could destroy physical
evidence, including, as appropriate, washing, brushing teeth, changing clothes,
urinating, defecating, smoking, drinking, or eating; and (4) If the abuse occurred
within a time period that still allows for the collection of physical evidence, ensure
that the alleged abuser does not take any actions that could destroy physical
evidence, including, as appropriate, washing, brushing teeth, changing clothes,
urinating, defecating, smoking, drinking, or eating.
The facility provided policy 1919 and staff/contractor training
FDJJ Policy 1919 Upon discovery of an incident defined as sexual abuse, staff
members are responsible for taking immediate actions to ensure the safety of the
victim and notifying appropriate law enforcement and medical personnel. These
actions include, but are not limited to, identifying and separating victim(s),
suspect(s), and making every attempt to preserve evidence.
It is essential that the garments/clothing worn by those involved and the scenes
where alleged act(s) occurred be protected to ensure that evidence is not further
contaminated. This means simply securing any evidence until the arrival of law
enforcement. Securing is defined as keeping control over the evidence or scene and
documenting any access to or deviation regarding access to that evidence. Staff
shall not move, touch, or alter the evidence in any way. Staff shall not discuss any
facts of the incidents with anyone except those directly involved in response or
investigation of the incident. All of this information is reportable to law enforcement
and subsequent investigators.
Upon receipt of notice that any sexual abuse has occurred in the last 72 hours,
whether informed by the victim or a third party, take the following actions:
a. If the incident is reported by the victim:
i. Ensure the victim is safe, has no further contact with the alleged
subject (youth or staff), and if medical staff is available, take the victim to medical
staff.
ii. Do not question the youth, other than to obtain basic information such
as the date and time of the incident, where the incident occurred, the supervising
staff, and who may be involved. Do not request youth to write a statement.
iii. Immediately preserve the area where the incident allegedly occurred,
including ensuring that bedding, clothing, or related material are not disposed of or
cleaned up by staff, and keep those materials secure or free from contamination by
anyone else until instructed to do differently by law enforcement.
iv. Immediately notify the facility management.
v. Immediately notify law enforcement (911).
vi. Immediately contact the DCF Florida Abuse Hotline.
vii. Notify the CCC within two (2) hours of the incident or learning of the
incident.
viii. Do not discuss the facts of the incident with anyone except those directly
involved in response or investigation of the incident.
ix. If the suspect is in the care and custody of the facility, do not notify
them of the victim's report, but take adequate steps to ensure the safety of other
youth, and report suspect or subject information to law enforcement upon their
arrival.
x. Cooperate fully with law enforcement.
xi. Within seven (7) days of the reported event, the youth's VSAB shall be
reviewed and updated by the youth's case manager or the facility mental health
provider.
b. Upon receipt of notice that any sexual abuse occurred longer than 72 hours ago,
whether informed by the victim or a third party, take the following actions:
i. Ensure the victim is safe, has no further contact with the alleged subject
(youth or staff), and if medical staff is available, take the victim to medical staff.
ii. Do not question the youth, other than to obtain basic information such as
the date and time of the incident, where the incident occurred, the supervising staff,
and who may be involved. Do not request youth to write a statement.
Skill Pro training 1 includes a sections on responding to sexual allegations of sexual
abuse and includes all of the information stated above.
Fourteen random staff were interviewed. Each of the staff were able to articulate
their responses if a resident makes an allegation of sexual abuse.
115.364 (b):
The PAQ requires If the first staff responder is not a security staff member, the
responder shall be required to request that the alleged victim not take any actions
that could destroy physical evidence, and then notify security staff.
Policy 1919 was provided and indicated that If the first staff responder is not a
security staff member, the responder shall be required to request that the alleged
victim not take any actions that could destroy physical evidence. Staff interviewed
confirmed they knew their obligations when a resident makes an allegation, or they
suspect an incident of sexual abuse has occurred.
During the last 12 months there were no allegations of sexual abuse that was made
by a resident at SRJDC.
Interview with the education staff determined several were aware of their first duty
responsibilities.
Medical and mental health staff indicated they would notify the closest direct care
provider and staff with the resident until the facility administrator, or a Captain
arrived to take over the scene. They would provide essential medical and mental
health care, however they would advise the resident not to take a shower, changes
clothes, use the restroom or doing anything that would destroy the evidence.
Random staff interview indicated that all staff were aware of the responsibilities to
protect the resident, secure the scene, notify the supervisor and remain with the
victim until properly relieved.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.365 Coordinated response
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
SRJDC Coordinated Response
115.365 (a)
The PAQ requires the facility shall develop a written institutional plan to coordinate
actions taken in response to an incident of sexual abuse, among staff first
responders, medical and mental health practitioners, investigators, and facility
leadership.
The facility provided the SRJDC Coordinated Response which includes a written plan
to coordinate actions of employee first responders, medical and mental health
practitioners, investigators, and facility leadership in response to an incident of
sexual abuse. FDJJ has a system in place providing the staff with clear actions to be
taken by staff including contacting administrative staff, medical and mental health
staff, OIG and law enforcement, victim advocate services, & parent/guardian and
several other individuals. Staff members are directed to follow the steps outlined
and to utilize the checklist in addressing the situation.
SRJDC Coordinated Response Plan
1. Upon discovery of an incident defined as sexual abuse, the first responding staff
members are responsible for taking immediate action to ensure the safety of the
victim. These actions include, but are not limited to:
a. Identifying victim(s)
b. Identifying suspects
c. Making every attempt to preserve evidence.
d. Notify the Shift Supervisor e Notify law enforcement.
2. Upon notification of a PREA related incident the Shift Supervisor will:
a. Immediately report the incident to the CCC, providing as much facts and detail as
possible about the incident(s) and victim(s), suspect(s) or witnesses. The CCC will
make appropriate notification to senior DJJ management who will in turn notify
management overseeing the facility where the alleged abuse occurred.
e. Do not allow access to the area by anyone, including staff, until the arrival of,
and at the direction of, law enforcement.
f. Do not question the victim, other than to identify basic information about where
the incident occurred and who may be involved.
g. Provide as much detail as possible to the police and responding emergency
services.
h. If the subject (the person who allegedly committed the offence) is in your care,
control, or custody do not notify them of the victim’s report but take adequate steps
to ensure the safety of other youth and report subject information to law
enforcement when they arrive.
i. Ensure that any clothing, bedding, or related materials are not disposed of or
cleaned up by staff. Keep those materials secure or free from contamination by
anyone else until instructed to do differently by law enforcement.
j. Do not discuss any facts of the incidents with anyone except those directly
involved in response or investigation of the incident.
k. Cooperate fully with law enforcement.
7. The Superintendent or Assistant Superintendent shall notify the alleged victim’s
parents or guardians, unless there is official documentation showing the parents or
legal guardians should not be contacted.
a. If the youth is in the custody of DCF, the caseworker shall be notified.
b. If applicable, the youth’s attorney or other legal representative of record shall be
notified of the allegation within 14 days of receiving the allegation.
8. Medical personnel are to be immediately notified by the Shift Supervisor. They
will also ensure that physical evidence is preserved.
a. In the event they are not available the Shift Supervisor will make a
referral within 24 hours.
b. Medical staff will conduct a follow up with youth as a precautionary
measure to ensure any prescribed medical treatment is completed.
c. Evaluate youth to determine if any other follow up medical referrals are necessary
and make appropriate referrals.
9. Mental health personnel are to be immediately notified by the Shift Supervisor.
The facility staff will seek their assistance in ensuring the youth is evaluated and
treated.
a. In the event they are not available the Shift Supervisor will ensure
that a referral is made to the facility mental health personnel within 24 hours.
b. Mental health staff will assess the youth and determine if further
evaluation and treatment is needed and make the appropriate referrals.
10. Full cooperation will be rendered to responding law enforcement agencies
and responding medical emergency teams. More than likely, the victim will have to
be transported out with a supervising staff to the hospital after the investigation is
launched to be evaluated and treated, to include the use of a rape kit. As this is a
very traumatic experience for the victim follow-up treatment to Sunrise Crisis
Center will be offered as well as access to victim advocates. Once the law
enforcement take their leave of the facility and the youth has been transported out
for medical services regular programming will resume at the facility.
11. The Superintendent shall:
a. Ensure all follow-ups are conducted within the specified
timeframes, that every effort is made not to re-traumatize the victim and that the
subjects are removed from victim contact.
b. If it is a staff person who has been reported as the subject, they
will be removed from all youth contact during the investigation.
c. If allegations occurred at another facility the Superintendent will immediately
notify the Superintendent of that facility to report allegations
Compliance was determined by review of the Coordinated Response to an
Allegations of Sexual Abuse and interviews with random staff. The facility
administrator, medical staff, mental health staff, shift supervisors, random staff and
education staff were asked of their roles in the coordinated response and each new
their essential roles.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
Preservation of ability to protect residents from contact with
115.366
abusers
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
Statement of Fact
The agency provided a statement of fact that the agency no longer has a collective
bargain unit that is representative of DJJ staff. This information was provided by the
Chief of State Workforce Labor Relations.
In interviews with the Facility agency head, neither the agency nor any other
governmental entity responsible for collective bargaining on the agency's behalf
shall enter into or renew any collective bargaining agreement or other agreement
that limits the agency's ability to remove alleged staff sexual abusers from contact
with residents pending the outcome of an investigation or of a determination of
whether and to what extent discipline is warranted.
The agency provided a statement of fact by In every case where the alleged abuser
is an employee, contractor or volunteer there will be no contact between the
alleged abuser and the alleged victim pending the outcome of an investigation.
Separation orders (e.g., safety plans) requiring “no contact” will be documented by
facility management. A memorandum will be printed and maintained as part of the
related investigation file.
FDJJ will not enter or renew any collective bargaining agreement or other agreement
that limits a facility’s ability to remove alleged Employee sexual abusers from
contact with any resident pending the outcome of an investigation or of
determination of whether and to what extent discipline is warranted.
Compliance was determined by the agency head, PREA coordinator and facility
administrator.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.367 Agency protection against retaliation
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
FDJJ Policy 1919 - Protection against Retaliation
SRJDC Retaliation Form
PAQ
Interviews with
Agency Head
Facility Administrator
Staff that conducts Retaliation Monitoring
115.367 (a):
The PAQ requires The agency shall establish a policy to protect all residents and
staff who report sexual abuse or sexual harassment or cooperate with sexual abuse
or sexual harassment investigations from retaliation by other residents or staff and
shall designate which staff members or departments are charged with monitoring
retaliation.
The facility provided policy FDJJ policy 1919 – Agency Protection Against Retaliation,
and related forms and a staff member collateral duty to monitor for retaliation.
FDJJ policy 1919 Facility establishes for protection or resident against retaliation and
staff for reports of sexual abuse or harassment or cooperation with investigations.
Allegations of retaliation shall be immediately reported to the site supervisor or
designee. In instances where the supervisor is believed to be involved in the
retaliation, the employee shall notify the supervisor or supervisors at the next
appropriate supervisory level. For 90 calendar days, or longer based on continuing
need, following a report of sexual abuse, the PREA retaliation monitor (captain) shall
monitor the conduct or treatment of any individual, youth or employee, who were
involved in a reported incident, and shall act promptly to remedy any such
retaliation. Monitoring steps include reviewing group or facility assignments,
reviewing youth progress reports, periodic status checks with the youth, and
performance reviews or reassignments of employees involved in the initial report or
investigation. During the last 12 months there were no retaliation for reporting
allegations of sexual abuse or sexual harassment.
FDJJ has developed an agency wide form for all facilities managed by the
cooperation to document retaliation monitoring. During the last 12 months there
was no allegations of sexual harassment that was monitored for retaliation.
At Southwest Regional Juvenile Detention Center, a Captain and Facility
Administrator monitor for retaliation. In an interview with the captain, he explained
his role was to meet with the resident that made a report, allegation, or was a
witness of a sexual abuse incident. He indicated that he would meet with the
resident as soon as the CCC report was completed which would be within 2 hours of
the center being made aware of sexual abuse allegation.
The center administrator indicated that he would meet with the staff and residents
and explain the retaliation monitoring process.
115.367 (b):
The PAQ requires the agency shall employ multiple protection measures, such as
housing changes or transfers for resident victims or abusers, removal of alleged
staff or resident abusers from contact with victims, and emotional support services
for residents or staff who fear retaliation for reporting sexual abuse or sexual
harassment or for cooperating with investigations.
The facility provided the agency shall employ multiple protection measures, such as
housing changes or transfers for resident victims or abusers, removal of alleged
staff or resident abusers from contact with victims, and emotional support services
for residents or staff who fear retaliation for reporting sexual abuse or sexual
harassment or for cooperating with investigations.
The agency head interviewed indicated that the agency would move the resident
that made the allegation or the resident that was the abuser to another center, or
housing unit or arrange for him to work with one of the many victim emotional
support program we have MOU with around Florida. If a staff was involved they
would be either placed on no contact status or placed on administrative leave
pending outcome of the investigation.
The facility administrator interviewed that he would meet with the youth as soon as
the incident was reported and they would ask him/her of her any safety concerns
and made immediate accommodations as needed to protect the resident and staff.
The retaliation monitor indicated in interview he has the authority to move the
resident to another living unit and would have to coordinate with the facility
administrator to move the resident to another center.
Policy 1919 indicates youth, staff, contractor(s), or volunteer(s) who have reported
sexual misconduct shall be provided protection against retaliation. Accommodation
will include housing changes and removal of alleged staff or youth from contact with
victims. Emotional support services for youth or staff who fear retaliation for
reporting or cooperating with investigations will be available.
The retaliation monitors and facility administrator indicated they would provide
resident housing changes or transfers for resident victims or abusers, removal of
alleged staff or resident abusers from contact with victims, and emotional support
services.
115.367 (c):
The PAQ requires for at least 90 days following a report of sexual abuse, the agency
shall monitor the conduct or treatment of residents or staff who reported the sexual
abuse and of residents who were reported to have suffered sexual abuse to see if
there are changes that may suggest possible retaliation by residents or staff, and
shall act promptly to remedy any such retaliation. Items the agency should monitor
include any resident disciplinary reports, housing, or program changes, or negative
performance reviews or reassignments of staff. The agency shall continue such
monitoring beyond 90 days if the initial monitoring indicates a continuing need.
The facility provided policy 1919 which requires the facility will monitor residents for
the treatment of residents or staff who reported the sexual abuse and of residents
who were reported to have suffered sexual abuse to see if there are changes that
may suggest possible retaliation by residents or staff and shall act promptly to
remedy any such retaliation. Items the agency should monitor include any resident
disciplinary reports, housing, or program changes, or negative performance reviews
or reassignments of staff. The agency shall continue such monitoring beyond 90
days if the initial monitoring indicates a continuing need.
FDJJ Policy 1919 requires the monitoring of items identified in this provision of the
standard. The Retaliation Monitor explained during the interview how she would
discharge those duties, including monitoring the items identified in the standard and
whether a resident filed a grievance alleging sexual abuse or sexual harassment.
Retaliation monitoring would occur for 90 days to see if there are any changes that
may suggest possible retaliation by residents or staff, and shall act promptly to
remedy any such retaliation, according to Policy. The monitoring will continue
beyond ninety (90) days if the initial monitoring indicates a continuing need. There
have been no incidents of retaliation during the 12 months preceding the audit.
115.367 (d):
The PAQ requires In the case of residents, such monitoring shall also include
periodic status checks.
Policy 1919 indicates in the case of residents, such monitoring shall also include
periodic status checks. The Retaliation Monitor indicated status checks would be
initiated with staff and residents.
In interviews with the facility administrator and retaliation monitors , both indicated
that they see the youth at the center almost every day and usually five to ten times
a day and they conduct status check with all youth on a daily basis, The indicated
they are required to document monitoring. The Retaliation Status Checklist would be
used to document the status checks as well as the Retaliation Monitoring Checklist
to document the ongoing motoring and use of the Retaliation Status Checklist.
115.367 (e):
The PAQ requires If any other individual who cooperates with an investigation
expresses a fear of retaliation, the agency shall take appropriate measures to
protect that individual against retaliation.
Policy 1919 and interviews with the agency head and facility administrator was
provided by the facility.
Policy 1919 indicated If any other individual who cooperates with an investigation
expresses a fear of retaliation, the facility shall take appropriate measures to protect
that individual against retaliation. Policy states if any other individual who
cooperates with an investigation expresses the occurrence of retaliation from
another resident or staff member
The agency head indicated the agency would take appropriate measures to protect
that individual against retaliation.
The assistant facility administrator indicated he would visit the resident whenever
an allegation is lodged by residents or third party immediately and discuss her role
to monitor for retaliation.
The facility administrator indicated he would monitor staff that report and
cooperated with any investigations. The retaliation monitor interviewed indicated
they would meet with the resident on a weekly basis to assure there are no
retaliation for reporting sexual abuse or sexual harassment.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.368 Post-allegation protective custody
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
Statement of Fact
Facility PREA Response Plan
FDJJ Policy 1919 PREA
Statement of Fact
Interviews
Facility Administrator
Medical and Mental Health Staff
115.368 (a):
The PAQ requires Any use of segregated housing to protect a resident who is alleged
to have suffered sexual abuse shall be subject to the requirements of § 115.342.
FDJJ Policy 1919 PREA provides that residents may be isolated from others only as a
last resort when less restrictive measures are inadequate to keep them and other
residents safe, and then only until an alternative means of keeping a resident safe
can be arranged. During the isolation period, the residents must have access to
daily large muscle activities and legally required educational programming or
special education services, daily visits by mental health and medical personnel.
Residents shall also have access to other programs and work opportunities.
The facility indicated no residents have alleged sexual abuse in the past 12 months.
The facility’s administrator interview confirmed compliance with this standard.
According to the facility administrator, isolation or segregated housing has not been
used to protect a resident who alleged sexual abuse.
The medical and mental health staff stated they are not aware of an incident
regarding sexual abuse or sexual harassment in which a resident was segregated.
The clinical staff confirmed in such a case, the resident would be visited at least
daily.
In conducting the tour of the center, it was noted there were no isolated rooms in
the facility. The facility has a male wing and female wing with one- and two-person
dry rooms. There was four rooms that according to the facility administrator were
isolation rooms and some time in the past. However, he and other staff couldn't
remember when the beds and toilets were removed and they rooms became
storage.
Compliance was determined by review of policy, interviews with facility
administrator, medical and mental health staff.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.371 Criminal and administrative agency investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
FDJJ Policy 1919 PREA – Investigations
Investigation procedures from OIG Investigative
Interviews
Chief of Investigations
Facility Administrator
PREA Coordinator
115.371 (a):
The PAQ requires When the agency conducts its own investigations into allegations
of sexual abuse and sexual harassment, it shall do so promptly, thoroughly, and
objectively for all allegations, including third-party and anonymous reports.
The facility provided FDJJ Policy 1919 which establishes the agency policy that all
allegations of sexual abuse or sexual harassment will be investigated. The Florida
Department of Juvenile Justice does not conduct their own investigations of sexual
abuse and harassment. The Office of the Inspector General conduct administrative
investigations and criminal investigations are conducted by local law enforcement.
The Department of Family and Children conducts a separate investigation involving
residents under the age of eighteen.
115.371 (b):
The PAQ requires where sexual abuse is alleged, the agency shall use investigators
who have received special training in sexual abuse investigations involving juvenile
victims pursuant to § 115.334.
In interview with the chief of investigation and review of standard § 115.334 The
Office of Inspector General follows protocols in conducting administrative
investigations in FDJJ settings and the investigators receive training on the related
agency policies Florida Department of Juvenile Justice has requested the agencies
that conduct allegation of sexual abuse or sexual harassment follow the PREA
standards.
15.371 (c):
The PAQ requires Investigators shall gather and preserve direct and circumstantial
evidence, including any available physical and DNA evidence and any available
electronic monitoring data; shall interview alleged victims, suspected perpetrators,
and witnesses; and shall review prior complaints and reports of sexual abuse
involving the suspected perpetrator.
The facility provided policy 1919 PREA Investigation, staff training and facility
respond plan.
Policy 1919, staff training and the facility respond plan requires that staff secure the
evidence and provide assistance as required by OIG or local law enforcement. OIG
or local law enforcement investigators shall gather and preserve direct and
circumstantial evidence, including any available physical and DNA evidence and any
available electronic monitoring data; shall interview alleged victims, suspected
perpetrators, and witnesses; and shall review prior complaints and reports of sexual
abuse involving the suspected perpetrator.
115.371 (d):
The PAQ requires the agency not terminate an investigation solely because the
source of the allegation recants the allegation.
Policy 1919 and OIG interviews requires that the agency will not terminate an
investigation solely because the source of the allegation recants the allegation.
115.371 (e):
The PAQ requires When the quality of evidence appears to support criminal
prosecution, the agency shall conduct compelled interviews only after consulting
with prosecutors as to whether compelled interviews may be an obstacle for
subsequent criminal prosecution.
Any criminal investigations are conducted by local law enforcement and would be
referred to appropriate jurisdiction for prosecution. Completed reports shall be
retained in the Office of the inspector general in accordance with the state retention
schedule.
In interview with the chief of investigation, OIG does not utilized compelled
interviews.
115.371 (f):
The PAQ requires the credibility of an alleged victim, suspect, or witness shall be
assessed on an individual basis and shall not be determined by the person's status
as resident or staff. No agency shall require a resident who alleges sexual abuse to
submit to a polygraph examination or other truth-telling device as a condition for
proceeding with the investigation of such an allegation.
The facility provided interview with chief of investigations who indicated the
credibility of an alleged victim, suspect, or witness shall be assessed on an
individual basis and shall not be determined by the person’s status as resident or
staff. No agency shall require a resident who alleges sexual abuse to submit to a
polygraph examination or other truth-telling device as a condition for proceeding
with the investigation of such an allegation.
115.371 (g):
The PAQ requires administrative investigations: (1) Shall include an effort to
determine whether staff actions or failures to act contributed to the abuse; and (2)
Shall be documented in written reports that include a description of the physical and
testimonial evidence, the reasoning behind credibility assessments, and
investigative facts and findings.
The facility provided policy 1919 which includes administrative investigations shall
include an effort to determine whether staff actions or failures to act contributed to
the abuse; and shall be documented in written reports that include a description of
the physical and testimonial evidence, the reasoning behind credibility
assessments, and investigative facts and findings.
115.371 (h):
The PAQ requires criminal investigations shall be documented in a written report
that contains a thorough description of physical, testimonial, and documentary
evidence and attaches copies of all documentary evidence where feasible.
The facility provided memo request from chief of investigations that law
enforcement staff that conduct criminal investigations utilizes the State
investigative protocol and document all criminal investigations shall be documented
in a written report that contains a thorough description of physical, testimonial, and
documentary evidence and attaches copies of all documentary evidence where
feasible.
OIG maintains all investigative reports on a data base that is password protected
and limited to person that have access to this data base. The system automatically
includes verification when a person accesses the database.
115.371 (i):
The PAQ requires Substantiated allegations of conduct that appears to be criminal
shall be referred for prosecution.
According to OIG interview, the Office of Inspector does not conduct criminal
investigations, However they request substantiated allegations of conduct that
appear to be criminal shall be referred for prosecution.
115.371 (j):
The PAQ requires The agency shall retain all written reports referenced in
paragraphs (g) and (h) of this section for as long as the alleged abuser is
incarcerated or employed by the agency, plus five years, unless the abuse was
committed by a juvenile resident and applicable law requires a shorter period of
retention.
The facility provided policy 1919 investigation which states the agency shall retain
all written reports referenced in paragraphs (g) and (h) of this section for as long as
the alleged abuser is incarcerated or employed by the agency, plus five years,
unless the abuse was committed by a juvenile resident and applicable law requires
a shorter period of retention.
115.371 (k):
The PAQ requires The departure of the alleged abuser or victim from the
employment or control of the facility or agency shall not provide a basis for
terminating an investigation.
In interview with the chief of investigations any investigation will continue until a
finding and appropriate action occurs based on that finding. OIG has officers
throughout Florida and all Florida counties have a memorandum of understanding to
refer investigations to other jurisdictions. The departure of the alleged abuser or
victim from employment or control of the facility or agency shall not provide a basis
for terminating an investigation.
115.371 (m):
The PAQ requires When outside agencies investigate sexual abuse, the facility shall
cooperate with outside investigators and shall endeavor to remain informed about
the progress of the investigation.
When outside agencies investigate sexual abuse, the facility shall cooperate with
outside investigators and shall endeavor to remain informed about the progress of
the investigation. As part of the responsive planning staff are trained in protecting
the crimes scene and cooperating with investigative units.
There have been no allegations of sexual abuse reported at a receiving center and
no allegations of sexual harassment made during the last 12 months.
In interview with the facility administrator (PCM), they indicated they are a
detention center and have to have a great working relationship with the law
enforcement in order to carry out their duties. The center staff are able to contact
any investigator and usually the investigators are in and out of the center
interviewing residents.
The PREA coordinator interview indicated that the investigative agency provides OIG
a copy of the investigation and the findings of the investigation. The investigative
information us uploaded into the OIG CCC system
Compliance was determined by interviews with the facility investigator, PREA
coordinator, Agency Head, Agency website and facility administrator.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.372 Evidentiary standard for administrative investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
FDJJ Policy 1919 – Investigations
115.372 (a):
The PAQ requires The agency shall impose no standard higher than a
preponderance of the evidence in determining whether allegations of sexual abuse
or sexual harassment are substantiated.
The facility provided policy 1919 investigations which requires the the investigator
may make a finding of Substantiated, Not Substantiated, Unfounded, or Pending
Further Investigation. The finding will be made using the standard of proof of the
preponderance of the evidence (51 % of the evidence). The Investigator must
objectively review all the evidence which is in favor of or contrary to the finding. The
investigator must objectively consider and balance the evidence in favor of or
contrary to the finding; and support a finding of child abuse or neglect by a
Preponderance of Evidence. Investigators must be convinced that the evidence in
favor of the finding outweighs the evidence against the finding, or is convinced that
the evidence, when taken as a whole, shows that it is more probable than not that
the alleged incident took place in this case.
Compliance of the standard was determined by reviewing the Policy, and interview
with the agency PREA coordinator and investigator from Office of Inspector General.
The chief of investigation indicated that administrative investigation includes finds
based on preponderance of the evidence. It also includes administrative findings
such as on time reporting.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.373 Reporting to residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
FDJJ Policy 1919 – Reporting to Youth Office of Inspector General
Interviews with
Facility Administrator
Chief of Investigation
PREA coordinator
115.373 (a):
The PAQ requires Following an investigation into a resident's allegation of sexual
abuse suffered in an agency facility, the agency shall inform the resident as to
whether the allegation has been determined to be substantiated, unsubstantiated,
or unfounded.
The facility provided Policy 1919 which requires when an investigation into a youth's
allegation of sexual misconduct occurring in a facility, the facility shall inform the
victim or victim's parent(s) or legal guardian(s) by letter as to whether the
allegation has been determined to be substantiated, unsubstantiated, or unfounded.
Based on an interview with the PREA compliance manager, at the conclusion of an
investigation, OIG or PREA Compliance Manager will inform the victim of the
allegation in writing, whether the allegation has been substantiated,
unsubstantiated, unfounded.
The chief of investigation interviewed indicated that OIG will forward a notification
letter to the center to be provided to the resident and a copy being mailed or
delivered to the parent of legal guardian.
115.373 (b):
The PAQ requires If the agency did not conduct the investigation, it shall request the
relevant information from the investigative agency in order to inform the resident.
FDJJ Policy 1919 Investigating PREA Allegations requires that if the facility did not
conduct the investigation, it will request the relevant information from the
investigating agency in order to inform the individual.
There were no investigations in the last PREA cycle and no notification provided to
residents.
115.373 (c):
The PAQ requires following a resident's allegation that a staff member has
committed sexual abuse against the resident, the agency shall subsequently inform
the resident (unless the agency has determined that the allegation is unfounded)
whenever: (1) The staff member is no longer posted within the resident's unit; (2)
The staff member is no longer employed at the facility; (3) The agency learns that
the staff member has been indicted on a charge related to sexual abuse within the
facility; or (4) The agency learns that the staff member has been convicted on a
charge related to sexual abuse within the facility.
The facility provided policy 1919 investigation that indicates following a resident’s
allegation that a staff member has committed sexual abuse against the resident,
the agency shall subsequently inform the resident (unless the agency has
determined that the allegation is unfounded) whenever: (1) The staff member is no
longer posted within the resident’s unit; (2) The staff member is no longer employed
at the facility; (3) The agency learns that the staff member has been indicted on a
charge related to sexual abuse within the facility; or (4) The agency learns that the
staff member has been convicted on a charge related to sexual abuse within the
facility.
115.373 (d):
The PAQ requires Following a resident's allegation that he or she has been sexually
abused by another resident, the agency shall subsequently inform the alleged
victim whenever: (1) The agency learns that the alleged abuser has been indicted
on a charge related to sexual abuse within the facility; or (2) The agency learns that
the alleged abuser has been convicted on a charge related to sexual abuse within
the facility.
The facility provided policy 1919 which indicates following a resident’s allegation
that he or she has been sexually abused by another resident, the agency shall
subsequently inform the alleged victim whenever: (1) The agency learns that the
alleged abuser has been indicted on a charge related to sexual abuse within the
facility; or (2) The agency learns that the alleged abuser has been convicted on a
charge related to sexual abuse within the facility.
115.373 (e):
The PAQ requires All such notifications or attempted notifications shall be
documented.
Policy requires all such notifications or attempted notifications shall be documented.
The PREA Coordinator has developed a form that for notification to residents of the
outcome of investigations that includes a signature from the resident. During the
last 12 months there no resident that was notified of the outcome of an
investigation that was completed by the facility. There was no allegation of sexual
abuse or harassment in the last audit cycle.
Based on review of policy and interviews with PREA compliance manager and PREA
coordinator it was determined that the agency is in compliance with this standard.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.376 Disciplinary sanctions for staff
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
FDJJ Policy 1919 – Disciplinary sanctions for Staff
Statement of Fact
Interview with Facility Administrator
115.376 (a)(b):
The PAQ requires staff is subjected to disciplinary sanctions up to and including
termination for violating agency sexual abuse or sexual harassment policies.
Termination shall be the presumptive disciplinary sanction for staff who have
engaged in sexual abuse.
The facility provided policy 1919 Disciplinary Sanction for staff, employee handbook
and statement of fact.
Policy 1919 states failure to comply with the requirements contained in this policy
and procedures may result in disciplinary action up to and including dismissal. All
terminations for violations of agency sexual abuse policy, or resignations by staff
who would have been terminated if not for their resignation, shall be reported to law
enforcement agencies, unless the activity was clearly not criminal. Termination shall
be the presumptive disciplinary sanction for staff who have engaged in sexual
abuse.
Skill Pro training contains the same information that is provided in yearly refresher
training for staff.
115.376 (c):
The PAQ requires Disciplinary sanctions for violations of agency policies relating to
sexual abuse or sexual harassment (other than actually engaging in sexual abuse)
shall be commensurate with the nature and circumstances of the acts committed,
the staff member's disciplinary history, and the sanctions imposed for comparable
offenses by other staff with similar histories.
The facility provided policy 1919 which indicates that disciplinary sanctions for
violations of agency policies relating to sexual abuse and harassment other than
engaging in sexual abuse will be commensurate with the nature and circumstances
of the acts committed. However, most likely any degree of sexual abuse and
harassment will be met with termination of the staff member.
115.376 (d):
The PAQ requires all terminations for violations of agency sexual abuse or sexual
harassment policies, or resignations by staff who would have been terminated if not
for their resignation, shall be reported to law enforcement agencies, unless the
activity was clearly not criminal, and to any relevant licensing bodies.
Policy 1919 indicates All terminations for violations of agency sexual abuse policy,
or resignations by staff who would have been terminated if not for their resignation,
shall be reported to law enforcement agencies, unless the activity was clearly not
criminal.
According to interview with the facility administrator all staff members who are
terminated or resign in lieu of termination due to violations of the sexual abuse and
sexual harassment policy shall be reported to law enforcement. Staff who resign
because they would have been terminated are reported to the local law
enforcement unless the activities were not clearly criminal.
There has been no adverse action taken against staff for violation of the agency
policy 1919 PREA or related policies.
Compliance was determined by review of the agency policy, interview with PREA
coordinator and facility administrator.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.377 Corrective action for contractors and volunteers
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
FDJJ Policy 1919 – Disciplinary sanctions for Contractors or Volunteers
Contractor Training
Contractor Acknowledgement for Training
Statement of Fact
Interview with Facility Administrator
115.377 (a)
The PAQ requires Any contractor or volunteer who engages in sexual abuse shall be
prohibited from contact with residents and shall be reported to law enforcement
agencies, unless the activity was clearly not criminal, and to relevant licensing
bodies.
The facility provided policy 1919 and volunteer and contractor training.
FDJJ Policy 1919 state All employees, contractors, juveniles, and volunteers are
expected to have a clear understanding that the Department strictly prohibits any
type of sexual relationship with an individual under Department supervision and
considers such a relationship a serious breach of the standards of employee
conduct, and these relationships will not be tolerated.
Engaging in a romantic and/or sexual relationship may result in employment
termination and/or termination of the contractual or volunteer status, or imposition
of criminal charges.
115.377 (b)
The PAQ requires the facility shall take appropriate remedial measures and shall
consider whether to prohibit further contact with residents, in the case of any other
violation of agency sexual abuse or sexual harassment policies by a contractor or
volunteer.
The facility provided policy 1919 and interviews with the facility administrator. T
In interview with the facility administrator he indicated that he has the authority to
take remedial measures to prohibit contractor of volunteer from entering the
centers In the case of any other violation of agency sexual abuse or sexual
harassment policies by a contractor or volunteer, the facility will take appropriate
remedial measures, and consider whether to prohibit further contact with residents,
however, would most likely prohibit them from further contact with residents.
Volunteer and contracting staff indicated that all PREA related training includes
facility's policy involving any violation of PREA standards. Each indicated they were
aware that the facility would take appropriate action including reporting to law
enforcement and licensing board.
There have been no allegations of sexual abuse or sexual harassment involving
contracting and volunteers during the last 12 months.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not
115.378 Interventions and disciplinary sanctions for residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
FDJJ Policy 1919 – Disciplinary sanctions and interventions for Youth
Florida Statue section 985.701
FDJJ Intervention and Discipline
SRJDC Policy and Procedure 3.09 Placement of Residents
SRJDC Policy and Procedure 3. 09 Intervention and Discipline of Residents
SRJDC Policy and Procedure 3.09 PREA Ongoing Medical Care
Statement of Fact
PAQ
Interview with
Facility Administrator
Random Residents
Mental Health staff
115.378 (a):
The PAQ requires A resident may be subject to disciplinary sanctions only pursuant
to a formal disciplinary process following an administrative finding that the resident
engaged in resident-on-resident sexual abuse or following a criminal finding of guilt
for resident-on-resident sexual abuse.
The facility provided Florida Statue section 985.701 and FDJJ Policy 1919
Florida Statue section 985.701 makes certain acts of sexual misconduct between a
youth and staff person a felony. A youth's consent to sexual acts with a staff
member is not a defense under this subsection of the law.
Youth must be allowed unimpeded access to report any allegation of misconduct or
neglect to the Florida Abuse Hotline operated by the Department of Children and
Families. Youth 18 years of age or older would call the CCC or local law enforcement
to report an allegation of abuse or neglect.
Youth shall be advised that any person who knowingly and willfully makes a false
report to the Florida Abuse Hotline or counsels another to make a false report is
guilty of a third-degree felony in accordance with Chapter 39.205, Florida Statutes.
Anyone reporting in a good faith shall be immune from any civil or criminal liability.
A report of sexual misconduct made in good faith based upon a reasonable belief
that the alleged conduct occurred shall not constitute falsely reporting an incident,
even if an investigation does not establish sufficient evidence to substantiate the
allegation.
Policy 1919 indicates that individuals in SRJDC who are found guilty of engaging in
sexual abuse involving other individuals in the facility (either through administrative
or criminal investigations) will be subject to formal disciplinary sanctions. Sanctions
will be commensurate with the nature and circumstances of the abuse committed,
the individual’s disciplinary history, and the sanctions imposed for comparable
offenses by other individuals with similar histories.
The disciplinary process will consider whether an individual’s mental disabilities or
mental illness contributed to his or her behavior when determining what type of
sanction, if any should be imposed. d. If the facility offers counseling or other
treatment interventions designed to address the reasons or motivations for the
abuse, the facility will consider requiring the offending individual to participate.
Disciplining an individual in a FDJJ facility for sexual contact with an employee is
prohibited unless it is found that the employee did not consent to the contact. A
report of sexual abuse made in good faith by an individual in an FDJJ facility, based
upon a reasonable belief that the alleged conduct occurred, will not constitute false
reporting or lying. g. Facilities may not deem that sexual activity between
individuals in an FDJJ facility is sexual abuse unless it is determined that the activity
was coerced.
The PREA Compliance Manager will receive copies of all disciplinary reports
regarding sexual activity, sexual harassment and sexual abuse for monitoring
purposes. The incident will be reported to law enforcement unless the activity was
clearly not criminal.
115.378 (b):
The PAQ requires Any disciplinary sanctions shall be commensurate with the nature
and circumstances of the abuse committed, the resident's disciplinary history, and
the sanctions imposed for comparable offenses by other residents with similar
histories. In the event a disciplinary sanction results in the isolation of a resident,
agencies shall not deny the resident daily large-muscle exercise or access to any
legally required educational programming or special education services. Residents
in isolation shall receive daily visits from a medical or mental health care clinician.
Residents shall also have access to other programs and work opportunities to the
extent possible.
The facility provided FDJJ Policy 1919 which indicates any disciplinary sanctions shall
be commensurate with the nature and circumstances of the abuse committed, the
resident’s disciplinary history, and the sanctions imposed for comparable offenses
by other residents with similar histories. Isolation will not be utilized for a
disciplinary sanction.
115.378 (c):
The PAQ requires the disciplinary process shall consider whether a resident's mental
disabilities or mental illness contributed to his or her behavior when determining
what type of sanction, if any, should be imposed.
The facility provided FDJJ Policy 1919 which indicates the disciplinary process shall
consider whether a resident’s mental disabilities or mental illness contributed to his
or her behavior when determining what type of sanction, if any, should be imposed.
SRJDC provides that the disciplinary process considers whether a resident’s mental
disabilities or mental illness contributed to his or her behavior when determining
what type of sanction, if any, should be imposed. This was confirmed by the
interview with the Clinical Director and facility administrator.
115.378 (d):
The PAQ requires If the facility offers therapy, counseling, or other interventions
designed to address and correct underlying reasons or motivations for the abuse,
the facility shall consider whether to offer the offending resident participation in
such interventions. The agency may require participation in such interventions as a
condition of access to any rewards-based behavior management system or other
behavior-based incentives, but not as a condition to access to general programming
or education.
In interviews with the facility administrator, PREA coordinator and mental health
staff, the facility is a detention center and doesn’t offer formal therapy, counseling,
or other interventions designed to address and correct underlying reasons or
motivations for the abuse However, the detention center is part of the FDJJ
continuum of care and would provide the information to community partners such
as Juvenile Probation Officers for consideration whether to offer the offending
resident participation in one of the State’s Sexual Offender programs. The agency
may require participation in such interventions as a condition of access to any
rewards-based behavior management system or other behavior-based incentives,
but not as a condition to access to general programming or education.
In interview with the mental health staff, they indicated they would provided
counseling and interventions designed to address the underlying reasons or
motivations for the abuse, however Florida Department of Juvenile Justice has
several facilities that provide services to youth.
115.378 (e):
The PAQ requires the agency may discipline a resident for sexual contact with staff
only upon a finding that the staff member did not consent to such contact.
The facility provided FDJJ Policy 1919 which indicates the agency may discipline a
resident for sexual contact with staff only upon a finding that the staff member did
not consent to such contact.
115.378 (f):
The PAQ requires for the purpose of disciplinary action, a report of sexual abuse
made in good faith based upon a reasonable belief that the alleged conduct
occurred shall not constitute falsely reporting an incident or lying, even if an
investigation does not establish evidence sufficient to substantiate the allegation.
The facility provided FDJJ Policy 1919 which indicates for the purpose of disciplinary
action, a report of sexual abuse made in good faith based upon a reasonable belief
that the alleged conduct occurred shall not constitute falsely reporting an incident
or lying, even if an investigation does not establish evidence sufficient to
substantiate the allegation. Investigating PREA Allegations states a report of sexual
abuse made in good faith based upon a reasonable belief that the alleged conduct
occurred shall not constitute falsely reporting an incident or lying, even if an
investigation does not establish evidence sufficient to substantiate the allegation.
115.378 (g):
The PAQ requires an agency may, in its discretion, prohibit all sexual activity
between residents and may discipline residents for such activity. An agency may
not, however, deem such activity to constitute sexual abuse if it determines that the
activity is not coerced.
The facility provided FDJJ Policy 1919 which indicates SRJDC prohibits all sexual
activity between residents and may discipline residents for such activity. An agency
may not, however, deem such activity to constitute sexual abuse if it determines
that the activity is not coerced.
Residents interviewed indicated they were advised that they would be discipline for
any sexual abuse, sexual harassment or sexual misconduct. Most indicated that
they are reminded of their duties to hold each other responsible to maintain a safe
environment for all residents. The statement of fact indicated during this audit
period this facility has not had any incidents that require intervention for residents
having sexual conduct.
Based on the review of the agency policy, observations and information obtained
through the staff interview and review of documentation, the facility has
demonstrated exceeding compliance with this standard.
115.381 Medical and mental health screenings; history of sexual abuse
Auditor Overall Determination: Exceeds Standard
Auditor Discussion
Evidence relied upon in make compliance determination
FDJJ Policy 1919 – MH and Medical Screening
Crisis Assessment
Screening Referrals to Mental Health Staff
FDJJ Health Education Records
Health Services .002 Authority for evaluation and treatment (AET)
Health Services. 029 Sexually Transmitted Infection Screening VSAB Form
ACT brochure
Interviews
Staff that conduct screenings
Medical and Mental health interviews
Resident with history of sexual victimization
ACT staff
115.381 (a)
The PAQ required If the screening pursuant to § 115.341 indicates that a resident
has experienced prior sexual victimization, whether it occurred in an institutional
setting or in the community, staff shall ensure that the resident is offered a follow-
up meeting with a medical or mental health practitioner within 14 days of the intake
screening.
The facility provided FDJJ Policy 1919 which indicates a. The Department's screening
for Vulnerability to Victimization and Sexually Aggressive Behavior (VSAB) shall be
completed in JJIS.
For secure detention admissions, the VSAB shall be completed in JJIS during the
detention screening process by the Juvenile Assessment Center (JAC) or DJJ
Probation intake screener.
If not completed during the detention screening process, Detention staff will
complete in JJIS prior to room assignment.
Staff shall ensure any report of sexual abuse obtained during screening, that has
not been previously reported, is immediately reported to the Central
Communications Center (CCC), the Department of Children and Families (DCF)
Florida Abuse Hotline, and local law enforcement.
If any of the intake screening forms indicates a resident has experienced prior
sexual victimization, whether it occurred in an institutional setting or in the
community, the facility administrator or other intake officer shall document the
information on the Follow up Notification Form. If the resident makes the notification
during the Juvenile Assessment Center, the center will send a referral along with the
VSAB to the intake staff when the resident is transported to the center. According to
the Mental health staff all residents that arrive at SRJDC are seen
by mental health within 72 hours of arrival and the same question about
victimization is discussed during their initial Mental Health intake. However, the
screening staff document and forward a follow up notification form. As noted in
standard 115.341 the center conducts several screenings for residents that arrive at
the center. These screenings are utilized for housing, placement, and programming
of resident.
Mental health staff were interviewed. There was one resident that recently arrived
at the center that has been at the facility on several occasions. They had been seen
by mental health and referred to the ACT victim advocate in the past and continues
to see mental health staff.
In interview with the resident, they indicated they see mental health when they
come to the center.
In interview with random residents all indicated they see medical and mental health
when the go through intake at the center.
115.381 (b)
The PAQ requires If the screening pursuant to § 115.341 indicates that a resident
has previously perpetrated sexual abuse, whether it occurred in an institutional
setting or in the community, staff shall ensure that the resident is offered a follow-
up meeting with a mental health practitioner within 14 days of the intake screening.
The facility provided policy 1919 which indicates If any of the intake screening
forms indicates a resident has previously perpetrated sexual abuse, whether it
occurred in an institutional setting or in the community, staff ensure that the
resident is offered a follow-up meeting with a mental health practitioner within 14
days of the intake screening. This same information is discussed with the clinical
staff within 72 hours of intake.
The center has related brochures and postings educating residents on mental health
services for victims of sexual abuse or exploitation. Staff at the center verified that
the detention reaches out to allow residents to speak with the ACT emotional
support staff.
Whenever the VSAB or related documentation such as charging offenses, past
history or reviewed during the intake process a Wizard Alert Program will be utilized
to make referrals to mental health or other services based on this alert system.
115.381 (c):
The PAQ requires any information related to sexual victimization or abusiveness that
occurred in an institutional setting shall be strictly limited to medical and mental
health practitioners and other staff, as necessary, to inform treatment plans and
security and management decisions, including housing, bed, work, education, and
program assignments, or as otherwise required by Federal, State, or local law.
The facility provided policy 1919 which requires any information related to sexual
victimization or abuse that occurred in an institutional setting shall be strictly
limited to medical and mental health practitioners and other staff, as necessary, to
develop treatment plans and security and management decisions, including
housing, bedding, education, and or as otherwise required by Federal, State, or
Local law.
115.381 (d):
The PAQ requires medical and mental health practitioners shall obtain informed
consent from residents before reporting information about prior sexual victimization
that did not occur in an institutional setting, unless the resident is under the age of
18.
Interviews with the medical and mental health staff confirmed that when a youth
arrives at the facility they discuss their duties to report. If the resident is 18 or older
the medical and mental health staff have them sign a informed consent prior to
reporting prior sexual victimization that did not occur in an institutional setting,
Medical and mental health staff is required to notify residents at the initiation of
services their duty to report, limitations of confidentiality, and residents’ informed
consent from youth who are 18 years old or older before reporting information
about the resident’s prior sexual victimization that did not occur in an institutional
setting. Residents who report prior sexual victimization or disclose prior incidents of
perpetrating sexual abuse, either in an institution or in the community, are required
to be offered a follow-up with a medical or mental health practitioner within 14 days
of admission/screening.
Compliance was determined by review of the agency policy and interviews with
medical and mental health staff.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.382 Access to emergency medical and mental health services
Auditor Overall Determination: Exceeds Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
Resident medical treatment forms
FDJJ Policy 1919 PREA – Access to Emergency Medical and Mental Health Services
PREA Advocacy Interview
Florida Department of Juvenile Justice Authority for Evaluation and Treatment (AET)
Health Education Records
Advocacy, Counseling and Treatment Center (ACT)
115.382 (a):
The PAQ requires Resident victims of sexual abuse shall receive timely, unimpeded
access to emergency medical treatment and crisis intervention services, the nature
and scope of which are determined by medical and mental health practitioners
according to their professional judgment.
The facility provided Policy 1919
The Policy 1919 states residents will receive timely, unimpeded access to on-site
and off-site emergency medical treatment and crisis intervention services, the
nature and scope of which are determined by medical and mental health
practitioners according to their professional judgment.
The facility has an MOU with Advocacy, Counseling, and Treatment Center (ACT) and
utilized the Golisano Children’s Hospital for emergency treatment. In interviews with
the ACT director, the center has a working relationship with the hospital and will
either meet the child at the Golisano Hospital or an undisclosed location to conduct
a SANE. Prior to the SANE the victim advocate will meet with the child and explain
the procedures and remain with the resident during the examination and interview
process. ACT has a SART program that is located in a dedicated building. The
building contains a family room with snack and as close as we can to a normal living
room, an examination room, several private offices.
The victim advocacy center has staff on duty or on call twenty-four hours a day.
PREA Response Plan Following Resident Report mandate youth victims of sexual
abuse receive timely and unimpeded access to onsite and offsite emergency
medical treatment and crisis intervention services, the nature and scope as
determined by the judgement of medical and mental health professionals. Medical
and mental health staff interviews confirmed emergency medical care and crisis
intervention services will be provided by medical and mental health staff as
required. Observations revealed medical and mental health staff members maintain
secondary materials that document services to residents and these staff are
knowledgeable of what must occur in an incident of sexual abuse. It is documented
through policies and understood by the medical and mental health staff that
treatment services will be provided at no cost to the victim, whether or not the
victim cooperates with the investigation.
Medical and mental health services shall be provided to the victims consistent with
the community level of care. Resident victims of sexual abuse shall be offered tests
for sexually transmitted infections as medically appropriate. Treatment services
shall be provided to the victim without financial cost and regardless of the victim’s
names the abuser or cooperates with any investigation of the incident.
115.382 (b):
The PAQ requires If no qualified medical or mental health practitioners are on duty
at the time a report of recent abuse is made, staff first responders shall take
preliminary steps to protect the victim pursuant to § 115.362 and shall immediately
notify the appropriate medical and mental health practitioners.
The facility provided policy 1919 and coordinated response plan.
If no qualified medical or mental health practitioners are on duty at the time a
report of recent abuse is made, staff first responders shall take preliminary steps to
protect the victim pursuant to § 115.362 and shall immediately notify the
appropriate medical and mental health practitioners. The interviews with clinical
staff revealed residents have unimpeded access to emergency services. The
coordinated response plan flow chart provides guidance to staff in protecting
residents and for contacting the appropriate staff regarding allegations or incidents
of sexual abuse, including contacting medical and mental health staff. The on-call
medical list has the names of medical staff and their emergency contact numbers. A
medical staff member is on-call 24/7 as determined by the interview. Interviews with
ACT indicated there is an on call SAFE staff available 24/7 for forensic examinations.
There is also a Victim Advocate on call 24/7 to support a resident that has been
sexually assaulted.
115.382 (c):
The PAQ requires resident victims of sexual abuse while incarcerated shall be
offered timely information about and timely access to emergency contraception and
sexually transmitted infections prophylaxis, in accordance with professionally
accepted standards of care, where medically appropriate.
The facility provided policy 1919 and interview with medical and mental health staff.
Policy 1919 indicates that resident victims of sexual abuse while incarcerated shall
be offered timely information about and timely access to emergency contraception
and sexually transmitted infections prophylaxis, in accordance with professionally
accepted standards of care, where medically appropriate. All residents are provided
access to infection prophylaxis when they arrive at the facility. In interviews with the
medical staff, they indicated that the SANE program would provide the services.
However, they would reinsure the services provided when the resident returns to
the center.
Medical staff interviews confirmed processes and services are in place for a victim
to receive timely access to sexually transmitted infection prophylaxis, where
medically appropriate. Additionally, follow-up services as needed will be provided by
the facility’s medical and mental health staff, according to the interviews with
clinical staff. According to the medical staff, all residents are educated on sexually
transmitted infections as part of the intake process and offered medical service as
required or requested.
115.382 (d):
The PAQ requires Treatment services shall be provided to the victim without
financial cost and regardless of whether the victim names the abuser or cooperates
with any investigation arising out of the incident.
The facility provided the facility Policy 1919 and PREA Response Plan Following
Resident Report mandates that treatment services shall be provided to the victim
without financial cost and regardless of whether the victim names the abuser or
cooperates with any investigation arising out of the incident. This was also
confirmed through staff interviews. The policy revealed emergency services will be
provided by medical and mental health staff.
The medical and mental health staff interviews revealed they are knowledgeable of
actions to take regarding an incident of sexual abuse. It is documented through
policy and understood by the medical and mental health staff that treatment
services will be provided at no cost to the victim.
Based upon the review of policies, interviews with the medical, mental health staff,
and interviews with staff from ACT is compliant with this standard.
Ongoing medical and mental health care for sexual abuse victims
115.383
and abusers
Auditor Overall Determination: Exceeds Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
Statement of Fact
FDJJ Policy 1919 PREA – Ongoing Medical and Mental Health Services
Advocacy Counseling and Treatment Program
AET Standard of Care
Interview with
Medical Staff
Mental Health Staff
ACT center staff
115.383 (a):
The PAQ requires The facility shall offer medical and mental health evaluation and,
as appropriate, treatment to all residents who have been victimized by sexual abuse
in any prison, jail, lockup, or juvenile facility.
The facility provided FDJJ Policy 1919 PREA – Ongoing Medical and Mental Health
Services and MOU with ACT
Policy 1919 indicate the facility shall offer medical and mental health evaluation
and, as appropriate, treatment to all residents who have been victimized by sexual
abuse in any prison, jail, lockup, or juvenile facility.
The medical and mental health staff indicated in interview that the facility would
provide treatment as indicated as prior victimization can be part of the treatment
needed for recovering youth. The facility makes a referral to mental health for
anyone that provides information on prior victimization or past predator behavior in
order to comply with the standard. However, the clinical director indicated that all
residents that go through intake at the facility are seen by mental health within 72
hours.
ACT center provides ongoing mental health counseling services for residents
assigned from their geographic location and makes referrals to Florida Coalition
against sexual victimization.
According to interviews with the mental health and medical staff, when a resident
goes out for medical care, the center received a discharge summary from the
provider. Medical notifies the medical clinical director to continue the services or the
physician will come to the center and review the discharge summary, exam the
resident and create an additional care plan. The mental health staff will notify the
psychologist or psychiatrist if the resident is prescribed medication and develop a
treatment plan in consultation with these providers. The mental health staff
indicated they would also contact the ACT program if the services were provided
during the SANE examination by the ACT program. The mental health staff indicated
that the ACT program has individual and group programming including a teenager
program that would be available even if the youth were in the detention center with
prior approval of the local courts.
115.383 (b):
The PAQ requires The evaluation and treatment of such victims shall include, as
appropriate, follow-up services, treatment plans, and, when necessary, referrals for
continued care following their transfer to, or placement in, other facilities, or their
release from custody.
The facility provided the Facility PREA Response Plan Following Resident Report
includes a provision that the evaluation and treatment of such victims shall include,
as appropriate, follow-up services, treatment plans, and, when necessary, referrals
for continued care following their transfer to, or placement in, other facilities, or
their release from custody. Interviews with the clinical staff and observations
confirmed on-going medical and mental health care will be provided as appropriate
and will include but not limited to additional testing and medical services;
medication management, if prescribed; individual counseling; trauma group; and
referrals as needed. The ACT center would provide resident with support programs
when released from the center or provide information and arrange for a transfer for
emotional support to a certified victim advocacy program within the Florida
Coalition of Victim Services in other areas of Florida.
115.383 (c):
The PAQ requires that the facility shall provide such victims with medical and mental
health services consistent with the community level of care.
Based on interviews with the medical and mental health staff the facility shall
provide victims with medical and mental health services consistent with the
community level of care. The medical staff indicated that the center has medical
staff on duty or on call twenty four hours a day and have professional agreement
with specialist medical providers. Mental health staff are on duty 12 hours a day and
on call 24 hours a day. The center has an MOU with ACT to provide SANE, victim
advocate and emotional support staff 24 hours a day.
115.383 (d-e):
The PAQ requires Resident victims of sexually abusive vaginal penetration while
incarcerated shall be offered pregnancy tests.
If pregnancy results from the conduct described in paragraph (d) of this section,
such victims shall receive timely and comprehensive information about and timely
access to all lawful pregnancy-related medical services.
As indicated by the nurse, resident victims of sexually abusive vaginal penetration
while incarcerated will be offered pregnancy test and if pregnancy results from the
conduct described in paragraph (d) victims receive timely and comprehensive
information about and timely access to all lawful pregnancy-related medical
services.
In interview with the medical staff, this information would be provided during the
SANE and follow up if the youth requested a test at anytime during their stay at the
center.
115.383 (f)
The PAQ requires Resident victims of sexual abuse while incarcerated shall be
offered tests for sexually transmitted infections as medically appropriate.
The facility provided policy 1919 policy and interviews with medical staff ensure
that victims of sexual abuse will be provided tests for sexually transmitted
infections as medically appropriate. Testing would be done at the local hospital and
follow-up services may be done at the facility, as needed. The center medical staff
indicated that all residents are offered testing for STD upon arrival and would
continue to provide that service as part of the after care following a SANE or SAFE
evaluation.
115.383 (g)
The PAQ requires treatment services shall be provided to the victim without financial
cost and regardless of whether the victim names the abuser or cooperates with any
investigation arising out of the incident.
Policy 1919 indicates that all treatment services will be provided at no cost to the
victim.
115.383 (h)
The PAQ requires the facility shall attempt to conduct a mental health evaluation of
all known resident-on-resident abusers within 60 days of learning of such abuse
history and offer treatment when deemed appropriate by mental health
practitioners.
The facility provided Policy1919 which states that mental health staff will attempts
to conduct a mental health evaluation within 60 days on all known resident-on
resident abusers and offer appropriate treatment by mental health staff.
Services will include but not be limited to individual, group and family counseling.
Additionally, an evaluation or reassessment will be administered utilizing
Vulnerability Assessment.
Any resident that makes an allegation of past victimization are allowed to call the
ACT center and staff from the program will go to the facility and meet with the
resident and offer their services when released from the center.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.386 Sexual abuse incident reviews
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
FDJJ Policy 1919 – Incident Reviews Incident
Statement of Fact
Review Meeting reports (form)
Interviews with
Incident Review Team
PREA Compliance Manager
Superintendent or Designee
115.386 (a):
The PAQ requires the facility shall conduct a sexual abuse incident review at the
conclusion of every sexual abuse investigation, including where the allegation has
not been substantiated, unless the allegation has been determined to be
unfounded.
The facility provided policy 1919 and Facility PREA Response Plan Following Resident
Report
Policy 1919 and Facility response plan require an incident review team meeting
within 30 days of the conclusion of each investigation unless the finding is
unfounded. The policy mandates review team participation to include the agency
wide PREA Coordinator, the facility’s PREA Compliance Manager, facility
administrator, medical and mental health staff. There were no allegations of sexual
abuse during the last 12 months.
The interview with the PREA Compliance Manager and a review of the form used to
document the incident review team’s findings indicate the team:
Consider whether the allegation or investigation indicates a need to change policy
or practice to better prevent, detect, or respond to sexual abuse considers whether
the incident or allegation was motivated by race; ethnicity; gender identity; lesbian,
gay, bisexual, transgender, or intersex identification, status, or perceived status;
gang affiliation; or other group dynamics at the facility; examine the area in the
facility where the incident allegedly occurred to assess whether physical barriers in
the area may enable abuse; assess the adequacy of staffing levels in that area
during different shifts; assess whether monitoring technology should be deployed or
augmented to supplement supervision by staff.
115.386 (b):
The PAQ requires Such review shall ordinarily occur within 30 days of the conclusion
of the investigation.
The Agency policy requires that the reviews occur within 30 days of the conclusion
of the investigation. There has been no allegation of sexual abuse that required an
IRT meeting.
115.386 (c):
The PAQ requires the review team shall include upper-level management officials,
with input from line supervisors, investigators, and medical or mental health
practitioners.
The policy mandates team participation to include the agency wide PREA
Coordinator, the facility’s PREA Compliance Manager, facility administrator, medical
and mental health staff.
115.386 (d):
The PAQ requires The review team shall: (1) Consider whether the allegation or
investigation indicates a need to change policy or practice to better prevent, detect,
or respond to sexual abuse; (2) Consider whether the incident or allegation was
motivated by race; ethnicity; gender identity; lesbian, gay, bisexual, transgender, or
intersex identification, status, or perceived status; or gang affiliation; or was
motivated or otherwise caused by other group dynamics at the facility; (3) Examine
the area in the facility where the incident allegedly occurred to assess whether
physical barriers in the area may enable abuse; (4) Assess the adequacy of staffing
levels in that area during different shifts; (5) Assess whether monitoring technology
should be deployed or augmented to supplement supervision by staff; and (6)
Prepare a report of its findings, including but not necessarily limited to
determinations made pursuant to paragraphs (d)(1)-(d)(5) of this section, and any
recommendations for improvement and submit such report to the facility head and
PREA compliance manager.
The facility provided a copy of an incident review form. The form included the
following: 1) Consider whether the allegation or investigation indicates a need to
change policy or practice to better prevent, detect, or respond to sexual abuse. (2)
Consider whether the incident or allegation was motivated by race; ethnicity;
gender identity; lesbian, gay, bisexual, transgender, or intersex identification,
status, or perceived status; or, gang affiliation; or was motivated or otherwise
caused by other group dynamics at the facility; (3) Examine the area in the facility
where the incident allegedly occurred to assess whether physical barriers in the
area may enable abuse; (4) Assess the adequacy of staffing levels in that area
during different shifts; (5) Assess whether monitoring technology should be
deployed or augmented to supplement supervision by staff; and (6) Prepare a report
of its findings, including but not necessarily limited to determinations made
pursuant to paragraphs (d)(1)-(d)(5) of this section, and any recommendations for
improvement and submit such report to the facility head and PREA Compliance
Manager.
A member of the incident review team (captain) confirmed that all areas identified
above are review in completing and incident review.
The agency PREA coordinator interviewed indicated that he schedules the review
team meetings and includes the regional supervisor in the notification.
115.386 (e):
The PAQ requires the facility shall implement the recommendations for
improvement, or shall document its reasons for not doing so.
The policy outlines the requirements of the standard for the areas to be assessed by
the incident review team.
The interview with the Facility Administrator, review documentation confirmed the
incident review team meeting are documented, including recommendations and the
document provided to the Facility Administrator.
The interview with the Incident Review Team Member and review of the Incident
Review form confirmed the facility prepared a report of its findings and any
recommendations for improvement when conducting a sexual abuse incident
review.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.387 Data collection
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
FDJJ Policy 1919 – Data Collection
FDJJ policy 2020 Incident Operations Center
PREA FY 2023-2024 Annual Report
115.387 (a)(b):
The PAQ requires The agency shall collect accurate, uniform data for every
allegation of sexual abuse at
The agency shall aggregate the incident-based sexual abuse data at least annually.
The facility provided policy 1919 Data Collection, policy 2020 Operations Center and
PREA FY 23-24 Annual Report
Policy 1919 Data Collections requires the department shall collect uniform data in
the CCC for every allegation of sexual misconduct at its facilities, both state-
operated and those with contracted providers. Incident-based sexual misconduct
data shall be aggregated at least annually.
A review of reports confirms that FDJJ collects incident-based, uniform data
regarding allegations of sexual abuse at facilities under its direct control, including
contractors, using a standardized instrument and specific guidelines. The format
used for FDJJ facilities capture the information required to complete the most recent
version of the Survey of Sexual Violence conducted by the U. S. Department of
Justice (DOJ). FDJJ maintains and collects various types of identified data and related
documents regarding sexual abuse incidents. The facility collects and maintains
data in accordance with directives by FDJJ. FDJJ aggregates the sexual abuse data
which culminates into an annual report. The agency provides DOJ with data as
requested.
115.387 (c):
The PAQ requires The incident-based data collected shall include, at a minimum, the
data necessary to answer all questions from the most recent version of the Survey
of Sexual Violence conducted by the Department of Justice.
The format used for FDJJ facilities capture the information required to complete the
most recent version of the Survey of Sexual Violence conducted by U.S. Department
of Justice (DOJ)
115.387 (d):
The PAQ requires The agency shall maintain, review, and collect data as needed
from all available incident-based documents, including reports, investigation files,
and sexual abuse incident reviews.
The facility maintains and collects various types of identified data and related
documents regarding PREA. The facility collects and maintains data in accordance
with Policy 2020 Incident Operation Center directives.
115.387 (e):
The PAQ requires The agency also shall obtain incident-based and aggregated data
from every private facility with which it contracts for the confinement of its
residents.
The facility Policy 1919 requires the department shall collect uniform data in the
CCC for every allegation of sexual misconduct at its facilities, both state-operated
and those with contracted providers. Incident-based sexual misconduct data shall
be aggregated at least annually. The format used for FDJJ facilities and contractors
capture the information required to complete the most recent version of the Survey
of Sexual Violence conducted by the U. S. Department of Justice (DOJ). Private
facilities are required to follow the same PREA policies and procedures and report
the information on the same basics as State operated facilities. DRJDC is a State
operated facility.
115.387 (f):
The PAQ requires Upon request, the agency shall provide all such data from the
previous calendar year to the Department of Justice no later than June 30
FDJJ policy mandates that upon request, FDJJ shall provide all such data from the
previous calendar year to the Department of Justice no later than June 30. A request
was not made for the previous calendar year.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.388 Data review for corrective action
Auditor Overall Determination: Exceeds Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
FDJJ Policy 1919 – Data Collection
PREA FY 2022-23 Annual Report
Interview with
Agency Head
PREA Coordinator
PREA Compliance Manager
115.388 (a)(b):
The PAQ requires The agency shall review data collected and aggregated pursuant
to § 115.387 in order to assess and improve the effectiveness of its sexual abuse
prevention, detection, and response policies, practices, and training, including: (1)
Identifying problem areas; (2) Taking corrective action on an ongoing basis; and (3)
Preparing an annual report of its findings and corrective actions for each facility, as
well as the agency as a whole.
Such report shall include a comparison of the current year's data and corrective
actions with those from prior years and shall provide an assessment of the agency's
progress in addressing sexual abuse.
FDJJ Policy 1919 – Data Collection recognizes the purpose of conducting annual
reports and annual PREA assessments are to review data collected and aggregated
pursuant to § 115.387 in order to assess and improve the effectiveness of its sexual
abuse prevention, detection, and response policies, practices, and training,
including by: Identifying problem areas to assess and improve the effectiveness of
its sexual abuse prevention, detection, and response policies, practices, and
training, including by taking corrective action on an ongoing basis. Further to assess
and improve the effectiveness of its sexual abuse prevention, detection, and
response policies, practices, and training, including by preparing an annual report of
its findings and corrective actions for each facility, as well as the agency as a whole.
A review of the annual report for 23-24 compared the annual report from
2021-2022; 2022-2023 and 23-24 annual reports
The Agency Head indicated the agency compares reports in order to review
policies, enhance training. The PREA coordinator is involved in all tenants of PREA
and takes the lead in policy and training initiatives.
I review and the agency at a leadership review and approve the after action plan
following the leadership review and sign off on the final report.
The PREA Coordinator indicated in interview that Data is collected through the
Central Communication Center (CCC) where information from all incidents is
reported and maintained. The PREA Statewide Coordinator prepares an annual
report complete with current and previous PREA data from all residential and
detention facilities operated and contracted by the FDJJ. The annual reports are
made available through the FDJJ PREA webpage. Youth and staff identifying
information is not included in the annual report.
The PREA Compliance Manager interviewed indicated that he is involved in
reviewing the annual report and makes recommendations and develop corrective
action plans.
115.388 (c):
The PAQ requires The agency's report shall be approved by the agency head and
made readily available to the public through its website or, if it does not have one,
through other means.
The annual report is reviewed by PREA coordinator, his supervisor and agency
leadership staff and signed by the Agency Head. It is then uploaded to the Florida
Department of Juvenile Justice at https://www.djj.state.fl.us/partners-providers-staff/
prison-rape-elimination-act-prea.
Compliance was determined by the PREA policy and website review.
115.388 (d):
The PAQ requires the agency may redact specific material from the reports when
publication would present a clear and specific threat to the safety and security of a
facility but must indicate the nature of the material redacted.
FDJJ Policy 1919 indicates that all information that is placed on the website will not
include personal identities. The annual report has been reviewed and the report is
accessible to the public through the facility’s website. There are no personal
identifiers in the annual report.
Based on interview with the PREA coordinator Youth and staff identifying information
is not included in the annual report.
Compliance was determined by reviewing data collections for preceding three years
and reviewing FDJJ website.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.389 Data storage, publication, and destruction
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
DJJ Policy 1316 – Records and Information Management Procedures
115.389 (a)(b):
The PAQ requires The agency shall ensure that data collected pursuant to § 115.387
are securely retained.
The agency shall make all aggregated sexual abuse data, from facilities under its
direct control and private facilities with which it contracts, readily available to the
public at least annually through its website or, if it does not have one, through other
means.
The agency provided the Florida Department of Juvenile Justice Procedure- Records
and Information Management Procedures and Policy
The Florida Department of Juvenile Justice- Records and Information Management
Procedures requires the collection of data though the CCC for every allegation of
sexual misconduct which occurs in its state-operated detention centers and its
contracted residential facilities. All collected data is maintained for a ten-year period
as required by the State of Florida’s records and retention schedule. According to
the FOP, the aggregated sexual abuse data will be readily available to the public
through the agency’s website; the practice is that the report is posted on the
agency’s website. A review of the annual report verified there are no personal
identifiers, and it was observed posted on the website, as required. Related
documentation in the facility was observed to be securely stored.
The PREA Coordinator indicated in interview that Data is collected through the
Central Communication Center (CCC) where information from all incidents is
reported and maintained. The PREA Statewide Coordinator prepares an annual
report complete with current and previous PREA data from all residential and
detention facilities operated and contracted by the FDJJ. The annual reports are
made available through the FDJJ PREA webpage. Youth and staff identify information
is not included in the annual report.
Compliance was determined by reviewing the website and interview with the
agency PREA coordinator.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.401 Frequency and scope of audits
Auditor Overall Determination: Meets Standard
Auditor Discussion
Evidence relied upon in making the compliance determination
FDJJ Policy 1919 PREA
PREA Audit 2016
PREA Audit 2019
PREA Audit 2022
115.401 (a)(b):
The PAQ requires during the three-year period starting on August 20, 2013, and
during each three-year period thereafter, the agency shall ensure that each facility
operated by the agency, or by a private organization on behalf of the agency, is
audited at least once.
August 20, 2013, the agency shall ensure that at least one-third of each facility type
operated by the agency, or by a private organization on behalf of the agency, is
audited.
The facility provided FDJJ Policy 1919 which requires all DJJ facilities be audited
every three years for compliance with the Prison Rape Elimination Act
The initial PREA audit of Southwest Regional Juvenile Detention Center was
conducted in Feb. 2016 by a DOJ certified PREA auditor. The second audit was
conducted Jan. 2019 by a DOJ Certified auditor. The third audit of this facility was
conducted in Jan. 2022 by a certified PREA auditor. This is the fourth audit of the
facility. The on-site audit occurred in December 2024.
115.401 (h):
The PAQ requires the auditor shall have access to, and shall observe, all areas of the
audited facilities.
During the audit, I was allowed access to all areas of the Facility. I was allowed to
visit areas throughout the facility during the official tour and additional visits to
different areas of the facility while interviewing and observing camera locations.
There were no limitations on interviewing staff or residents and no obstacles in
conducting tour during waking and sleeping hours.
115.401 (i):
The PAQ requires the auditor shall be permitted to request and receive copies of any
relevant documents (including electronically stored information).
I requested personnel files, resident files, training records, investigation files,
logbooks, and pertinent forms utilized to carry out the requirement of the audit
process. Each document was provided on a timely basis.
115.401 (m):
The PAQ requires The auditor shall be permitted to conduct private interviews with
residents.
I interviewed random staff on duty for the for the first 24 hours of the audit and
random sample of residents during the onsite audit. Interviews were conducted in a
private area of the facility.
115.401 (n):
The PAQ requires Residents shall be permitted to send confidential information or
correspondence to the auditor in the same manner as if they were communicating
with legal counsel.
Posting were displayed throughout the facility with the name and address of the
PREA auditor. The auditor did not receive any correspondence from residents. The
information was posted on September 30, 2024. The auditor interviewed the PREA
Compliance Manager and asked if residents were allowed to send mail to the auditor
in the same manner as the legal mail system. He indicated they were and provided
how you stamps legal mail that it has not been opened or censured and mailed
same date as it is removed from the mailboxes located throughout the facility. The
PREA Compliance manager indicated that he or the Facility Administrator checks the
mailbox, PREA Box and Grievance Box a minimum of two times a day during the
week and at least once a day on weekends.
Compliance was determined by review of three past audits, email providing dates of
audit postings and interviews with Facility Administrator, PREA Coordinator and
Agency Head designee.
Based on this analysis, the facility is substantially compliant with this provision and
corrective action is not required
115.403 Audit contents and findings
Auditor Overall Determination: Meets Standard
Auditor Discussion
This is the fourth PREA audit for this facility. The previous audit were conducted in
February 2016, January 2019, and January 2022. Each audit was conducted by a
certified PREA auditor and were located on the agency website at
https://www.djj.state.fl.us/partners-providers-staff/prison-rape-elimination-act-prea.
Appendix: Provision Findings
115.311 Zero tolerance of sexual abuse and sexual harassment; PREA
(a) coordinator
Does the agency have a written policy mandating zero tolerance yes
toward all forms of sexual abuse and sexual harassment?
Does the written policy outline the agency’s approach to yes
preventing, detecting, and responding to sexual abuse and sexual
harassment?
115.311 Zero tolerance of sexual abuse and sexual harassment; PREA
(b) coordinator
Has the agency employed or designated an agency-wide PREA yes
Coordinator?
Is the PREA Coordinator position in the upper-level of the agency yes
hierarchy?
Does the PREA Coordinator have sufficient time and authority to yes
develop, implement, and oversee agency efforts to comply with
the PREA standards in all of its facilities?
115.311 Zero tolerance of sexual abuse and sexual harassment; PREA
(c) coordinator
If this agency operates more than one facility, has each facility yes
designated a PREA compliance manager? (N/A if agency operates
only one facility.)
Does the PREA compliance manager have sufficient time and yes
authority to coordinate the facility’s efforts to comply with the
PREA standards? (N/A if agency operates only one facility.)
115.312
Contracting with other entities for the confinement of residents
(a)
If this agency is public and it contracts for the confinement of its yes
residents with private agencies or other entities including other
government agencies, has the agency included the entity’s
obligation to adopt and comply with the PREA standards in any
new contract or contract renewal signed on or after August 20,
2012? (N/A if the agency does not contract with private agencies
or other entities for the confinement of residents.)
115.312
Contracting with other entities for the confinement of residents
(b)
Does any new contract or contract renewal signed on or after yes
August 20, 2012 provide for agency contract monitoring to ensure
that the contractor is complying with the PREA standards? (N/A if
the agency does not contract with private agencies or other
entities for the confinement of residents OR the response to
115.312(a)-1 is "NO".)
115.313
Supervision and monitoring
(a)
Does the agency ensure that each facility has developed a staffing yes
plan that provides for adequate levels of staffing and, where
applicable, video monitoring, to protect residents against sexual
abuse?
Does the agency ensure that each facility has implemented a yes
staffing plan that provides for adequate levels of staffing and,
where applicable, video monitoring, to protect residents against
sexual abuse?
Does the agency ensure that each facility has documented a yes
staffing plan that provides for adequate levels of staffing and,
where applicable, video monitoring, to protect residents against
sexual abuse?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: The
prevalence of substantiated and unsubstantiated incidents of
sexual abuse?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring:
Generally accepted juvenile detention and correctional/secure
residential practices?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
judicial findings of inadequacy?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
findings of inadequacy from Federal investigative agencies?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
findings of inadequacy from internal or external oversight bodies?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: All
components of the facility’s physical plant (including “blind-spots”
or areas where staff or residents may be isolated)?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: The
composition of the resident population?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: The
number and placement of supervisory staff?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring:
Institution programs occurring on a particular shift?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
applicable State or local laws, regulations, or standards?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
other relevant factors?
115.313
Supervision and monitoring
(b)
Does the agency comply with the staffing plan except during yes
limited and discrete exigent circumstances?
In circumstances where the staffing plan is not complied with, na
does the facility fully document all deviations from the plan? (N/A
if no deviations from staffing plan.)
115.313
Supervision and monitoring
(c)
Does the facility maintain staff ratios of a minimum of 1:8 during yes
resident waking hours, except during limited and discrete exigent
circumstances? (N/A only until October 1, 2017.)
Does the facility maintain staff ratios of a minimum of 1:16 during yes
resident sleeping hours, except during limited and discrete
exigent circumstances? (N/A only until October 1, 2017.)
Does the facility fully document any limited and discrete exigent yes
circumstances during which the facility did not maintain staff
ratios? (N/A only until October 1, 2017.)
Does the facility ensure only security staff are included when yes
calculating these ratios? (N/A only until October 1, 2017.)
Is the facility obligated by law, regulation, or judicial consent yes
decree to maintain the staffing ratios set forth in this paragraph?
115.313
Supervision and monitoring
(d)
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: The staffing plan established
pursuant to paragraph (a) of this section?
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: Prevailing staffing patterns?
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: The facility’s deployment of
video monitoring systems and other monitoring technologies?
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: The resources the facility has
available to commit to ensure adherence to the staffing plan?
115.313
Supervision and monitoring
(e)
Has the facility implemented a policy and practice of having yes
intermediate-level or higher-level supervisors conduct and
document unannounced rounds to identify and deter staff sexual
abuse and sexual harassment? (N/A for non-secure facilities )
Is this policy and practice implemented for night shifts as well as yes
day shifts? (N/A for non-secure facilities )
Does the facility have a policy prohibiting staff from alerting other yes
staff members that these supervisory rounds are occurring, unless
such announcement is related to the legitimate operational
functions of the facility? (N/A for non-secure facilities )
115.315
Limits to cross-gender viewing and searches
(a)
Does the facility always refrain from conducting any cross-gender yes
strip or cross-gender visual body cavity searches, except in
exigent circumstances or by medical practitioners?
115.315
Limits to cross-gender viewing and searches
(b)
Does the facility always refrain from conducting cross-gender pat- yes
down searches in non-exigent circumstances?
115.315
Limits to cross-gender viewing and searches
(c)
Does the facility document and justify all cross-gender strip yes
searches and cross-gender visual body cavity searches?
Does the facility document all cross-gender pat-down searches? yes
115.315
Limits to cross-gender viewing and searches
(d)
Does the facility implement policies and procedures that enable yes
residents to shower, perform bodily functions, and change clothing
without nonmedical staff of the opposite gender viewing their
breasts, buttocks, or genitalia, except in exigent circumstances or
when such viewing is incidental to routine cell checks?
Does the facility require staff of the opposite gender to announce yes
their presence when entering a resident housing unit?
In facilities (such as group homes) that do not contain discrete yes
housing units, does the facility require staff of the opposite gender
to announce their presence when entering an area where
residents are likely to be showering, performing bodily functions,
or changing clothing? (N/A for facilities with discrete housing
units)
115.315
Limits to cross-gender viewing and searches
(e)
Does the facility always refrain from searching or physically yes
examining transgender or intersex residents for the sole purpose
of determining the resident’s genital status?
If a resident’s genital status is unknown, does the facility yes
determine genital status during conversations with the resident,
by reviewing medical records, or, if necessary, by learning that
information as part of a broader medical examination conducted
in private by a medical practitioner?
115.315
Limits to cross-gender viewing and searches
(f)
Does the facility/agency train security staff in how to conduct yes
cross-gender pat down searches in a professional and respectful
manner, and in the least intrusive manner possible, consistent
with security needs?
Does the facility/agency train security staff in how to conduct yes
searches of transgender and intersex residents in a professional
and respectful manner, and in the least intrusive manner possible,
consistent with security needs?
115.316 Residents with disabilities and residents who are limited
(a) English proficient
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who are deaf or hard of hearing?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who are blind or have low vision?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who have intellectual disabilities?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who have psychiatric disabilities?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who have speech disabilities?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Other? (if "other," please explain in overall determination notes.)
Do such steps include, when necessary, ensuring effective yes
communication with residents who are deaf or hard of hearing?
Do such steps include, when necessary, providing access to yes
interpreters who can interpret effectively, accurately, and
impartially, both receptively and expressively, using any
necessary specialized vocabulary?
Does the agency ensure that written materials are provided in yes
formats or through methods that ensure effective communication
with residents with disabilities including residents who: Have
intellectual disabilities?
Does the agency ensure that written materials are provided in yes
formats or through methods that ensure effective communication
with residents with disabilities including residents who: Have
limited reading skills?
Does the agency ensure that written materials are provided in yes
formats or through methods that ensure effective communication
with residents with disabilities including residents who: Who are
blind or have low vision?
115.316 Residents with disabilities and residents who are limited
(b) English proficient
Does the agency take reasonable steps to ensure meaningful yes
access to all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment to residents
who are limited English proficient?
Do these steps include providing interpreters who can interpret yes
effectively, accurately, and impartially, both receptively and
expressively, using any necessary specialized vocabulary?
115.316 Residents with disabilities and residents who are limited
(c) English proficient
Does the agency always refrain from relying on resident yes
interpreters, resident readers, or other types of resident assistants
except in limited circumstances where an extended delay in
obtaining an effective interpreter could compromise the resident’s
safety, the performance of first-response duties under §115.364,
or the investigation of the resident’s allegations?
115.317
Hiring and promotion decisions
(a)
Does the agency prohibit the hiring or promotion of anyone who yes
may have contact with residents who: Has engaged in sexual
abuse in a prison, jail, lockup, community confinement facility,
juvenile facility, or other institution (as defined in 42 U.S.C. 1997)?
Does the agency prohibit the hiring or promotion of anyone who yes
may have contact with residents who: Has been convicted of
engaging or attempting to engage in sexual activity in the
community facilitated by force, overt or implied threats of force, or
coercion, or if the victim did not consent or was unable to consent
or refuse?
Does the agency prohibit the hiring or promotion of anyone who yes
may have contact with residents who: Has been civilly or
administratively adjudicated to have engaged in the activity
described in the bullet immediately above?
Does the agency prohibit the enlistment of services of any yes
contractor who may have contact with residents who: Has
engaged in sexual abuse in a prison, jail, lockup, community
confinement facility, juvenile facility, or other institution (as
defined in 42 U.S.C. 1997)?
Does the agency prohibit the enlistment of services of any yes
contractor who may have contact with residents who: Has been
convicted of engaging or attempting to engage in sexual activity
in the community facilitated by force, overt or implied threats of
force, or coercion, or if the victim did not consent or was unable to
consent or refuse?
Does the agency prohibit the enlistment of services of any yes
contractor who may have contact with residents who: Has been
civilly or administratively adjudicated to have engaged in the
activity described in the two bullets immediately above?
115.317
Hiring and promotion decisions
(b)
Does the agency consider any incidents of sexual harassment in yes
determining whether to hire or promote anyone, or to enlist the
services of any contractor, who may have contact with residents?
115.317 Hiring and promotion decisions
(c)
Before hiring new employees who may have contact with yes
residents, does the agency: Perform a criminal background records
check?
Before hiring new employees who may have contact with yes
residents, does the agency: Consult any child abuse registry
maintained by the State or locality in which the employee would
work?
Before hiring new employees who may have contact with yes
residents, does the agency: Consistent with Federal, State, and
local law, make its best efforts to contact all prior institutional
employers for information on substantiated allegations of sexual
abuse or any resignation during a pending investigation of an
allegation of sexual abuse?
115.317
Hiring and promotion decisions
(d)
Does the agency perform a criminal background records check yes
before enlisting the services of any contractor who may have
contact with residents?
Does the agency consult applicable child abuse registries before yes
enlisting the services of any contractor who may have contact
with residents?
115.317
Hiring and promotion decisions
(e)
Does the agency either conduct criminal background records yes
checks at least every five years of current employees and
contractors who may have contact with residents or have in place
a system for otherwise capturing such information for current
employees?
115.317
Hiring and promotion decisions
(f)
Does the agency ask all applicants and employees who may have yes
contact with residents directly about previous misconduct
described in paragraph (a) of this section in written applications or
interviews for hiring or promotions?
Does the agency ask all applicants and employees who may have yes
contact with residents directly about previous misconduct
described in paragraph (a) of this section in any interviews or
written self-evaluations conducted as part of reviews of current
employees?
Does the agency impose upon employees a continuing affirmative yes
duty to disclose any such misconduct?
115.317
Hiring and promotion decisions
(g)
Does the agency consider material omissions regarding such yes
misconduct, or the provision of materially false information,
grounds for termination?
115.317
Hiring and promotion decisions
(h)
Unless prohibited by law, does the agency provide information on yes
substantiated allegations of sexual abuse or sexual harassment
involving a former employee upon receiving a request from an
institutional employer for whom such employee has applied to
work? (N/A if providing information on substantiated allegations of
sexual abuse or sexual harassment involving a former employee is
prohibited by law.)
115.318
Upgrades to facilities and technologies
(a)
If the agency designed or acquired any new facility or planned any na
substantial expansion or modification of existing facilities, did the
agency consider the effect of the design, acquisition, expansion,
or modification upon the agency’s ability to protect residents from
sexual abuse? (N/A if agency/facility has not acquired a new
facility or made a substantial expansion to existing facilities since
August 20, 2012, or since the last PREA audit, whichever is later.)
115.318
Upgrades to facilities and technologies
(b)
If the agency installed or updated a video monitoring system, yes
electronic surveillance system, or other monitoring technology,
did the agency consider how such technology may enhance the
agency’s ability to protect residents from sexual abuse? (N/A if
agency/facility has not installed or updated a video monitoring
system, electronic surveillance system, or other monitoring
technology since August 20, 2012, or since the last PREA audit,
whichever is later.)
115.321
Evidence protocol and forensic medical examinations
(a)
If the agency is responsible for investigating allegations of sexual yes
abuse, does the agency follow a uniform evidence protocol that
maximizes the potential for obtaining usable physical evidence for
administrative proceedings and criminal prosecutions? (N/A if the
agency/facility is not responsible for conducting any form of
criminal OR administrative sexual abuse investigations.)
115.321
Evidence protocol and forensic medical examinations
(b)
Is this protocol developmentally appropriate for youth? (N/A if the yes
agency/facility is not responsible for conducting any form of
criminal OR administrative sexual abuse investigations.)
Is this protocol, as appropriate, adapted from or otherwise based yes
on the most recent edition of the U.S. Department of Justice’s
Office on Violence Against Women publication, “A National Protocol
for Sexual Assault Medical Forensic Examinations, Adults/
Adolescents,” or similarly comprehensive and authoritative
protocols developed after 2011? (N/A if the agency/facility is not
responsible for conducting any form of criminal OR administrative
sexual abuse investigations. )
115.321
Evidence protocol and forensic medical examinations
(c)
Does the agency offer all residents who experience sexual abuse yes
access to forensic medical examinations, whether on-site or at an
outside facility, without financial cost, where evidentiarily or
medically appropriate?
Are such examinations performed by Sexual Assault Forensic yes
Examiners (SAFEs) or Sexual Assault Nurse Examiners (SANEs)
where possible?
If SAFEs or SANEs cannot be made available, is the examination yes
performed by other qualified medical practitioners (they must
have been specifically trained to conduct sexual assault forensic
exams)?
Has the agency documented its efforts to provide SAFEs or yes
SANEs?
115.321
Evidence protocol and forensic medical examinations
(d)
Does the agency attempt to make available to the victim a victim yes
advocate from a rape crisis center?
If a rape crisis center is not available to provide victim advocate yes
services, does the agency make available to provide these
services a qualified staff member from a community-based
organization, or a qualified agency staff member?
Has the agency documented its efforts to secure services from yes
rape crisis centers?
115.321
Evidence protocol and forensic medical examinations
(e)
As requested by the victim, does the victim advocate, qualified yes
agency staff member, or qualified community-based organization
staff member accompany and support the victim through the
forensic medical examination process and investigatory
interviews?
As requested by the victim, does this person provide emotional yes
support, crisis intervention, information, and referrals?
115.321
Evidence protocol and forensic medical examinations
(f)
If the agency itself is not responsible for investigating allegations yes
of sexual abuse, has the agency requested that the investigating
entity follow the requirements of paragraphs (a) through (e) of this
section? (N/A if the agency is responsible for investigating
allegations of sexual abuse.)
115.321
Evidence protocol and forensic medical examinations
(h)
If the agency uses a qualified agency staff member or a qualified yes
community-based staff member for the purposes of this section,
has the individual been screened for appropriateness to serve in
this role and received education concerning sexual assault and
forensic examination issues in general? (Check N/A if agency
attempts to make a victim advocate from a rape crisis center
available to victims per 115.321(d) above.)
115.322
Policies to ensure referrals of allegations for investigations
(a)
Does the agency ensure an administrative or criminal yes
investigation is completed for all allegations of sexual abuse?
Does the agency ensure an administrative or criminal yes
investigation is completed for all allegations of sexual
harassment?
115.322
Policies to ensure referrals of allegations for investigations
(b)
Does the agency have a policy in place to ensure that allegations yes
of sexual abuse or sexual harassment are referred for
investigation to an agency with the legal authority to conduct
criminal investigations, unless the allegation does not involve
potentially criminal behavior?
Has the agency published such policy on its website or, if it does yes
not have one, made the policy available through other means?
Does the agency document all such referrals? yes
115.322
Policies to ensure referrals of allegations for investigations
(c)
If a separate entity is responsible for conducting criminal yes
investigations, does such publication describe the responsibilities
of both the agency and the investigating entity? (N/A if the
agency/facility is responsible for criminal investigations. See
115.321(a))
115.331
Employee training
(a)
Does the agency train all employees who may have contact with yes
residents on: Its zero-tolerance policy for sexual abuse and sexual
harassment?
Does the agency train all employees who may have contact with yes
residents on: How to fulfill their responsibilities under agency
sexual abuse and sexual harassment prevention, detection,
reporting, and response policies and procedures?
Does the agency train all employees who may have contact with yes
residents on: Residents’ right to be free from sexual abuse and
sexual harassment
Does the agency train all employees who may have contact with yes
residents on: The right of residents and employees to be free from
retaliation for reporting sexual abuse and sexual harassment?
Does the agency train all employees who may have contact with yes
residents on: The dynamics of sexual abuse and sexual
harassment in juvenile facilities?
Does the agency train all employees who may have contact with yes
residents on: The common reactions of juvenile victims of sexual
abuse and sexual harassment?
Does the agency train all employees who may have contact with yes
residents on: How to detect and respond to signs of threatened
and actual sexual abuse and how to distinguish between
consensual sexual contact and sexual abuse between residents?
Does the agency train all employees who may have contact with yes
residents on: How to avoid inappropriate relationships with
residents?
Does the agency train all employees who may have contact with yes
residents on: How to communicate effectively and professionally
with residents, including lesbian, gay, bisexual, transgender,
intersex, or gender nonconforming residents?
Does the agency train all employees who may have contact with yes
residents on: How to comply with relevant laws related to
mandatory reporting of sexual abuse to outside authorities?
Does the agency train all employees who may have contact with yes
residents on: Relevant laws regarding the applicable age of
consent?
115.331
Employee training
(b)
Is such training tailored to the unique needs and attributes of yes
residents of juvenile facilities?
Is such training tailored to the gender of the residents at the yes
employee’s facility?
Have employees received additional training if reassigned from a yes
facility that houses only male residents to a facility that houses
only female residents, or vice versa?
115.331
Employee training
(c)
Have all current employees who may have contact with residents yes
received such training?
Does the agency provide each employee with refresher training yes
every two years to ensure that all employees know the agency’s
current sexual abuse and sexual harassment policies and
procedures?
In years in which an employee does not receive refresher training, yes
does the agency provide refresher information on current sexual
abuse and sexual harassment policies?
115.331
Employee training
(d)
Does the agency document, through employee signature or yes
electronic verification, that employees understand the training
they have received?
115.332
Volunteer and contractor training
(a)
Has the agency ensured that all volunteers and contractors who yes
have contact with residents have been trained on their
responsibilities under the agency’s sexual abuse and sexual
harassment prevention, detection, and response policies and
procedures?
115.332
Volunteer and contractor training
(b)
Have all volunteers and contractors who have contact with yes
residents been notified of the agency’s zero-tolerance policy
regarding sexual abuse and sexual harassment and informed how
to report such incidents (the level and type of training provided to
volunteers and contractors shall be based on the services they
provide and level of contact they have with residents)?
115.332
Volunteer and contractor training
(c)
Does the agency maintain documentation confirming that yes
volunteers and contractors understand the training they have
received?
115.333
Resident education
(a)
During intake, do residents receive information explaining the yes
agency’s zero-tolerance policy regarding sexual abuse and sexual
harassment?
During intake, do residents receive information explaining how to yes
report incidents or suspicions of sexual abuse or sexual
harassment?
Is this information presented in an age-appropriate fashion? yes
115.333
Resident education
(b)
Within 10 days of intake, does the agency provide age-appropriate yes
comprehensive education to residents either in person or through
video regarding: Their rights to be free from sexual abuse and
sexual harassment?
Within 10 days of intake, does the agency provide age-appropriate yes
comprehensive education to residents either in person or through
video regarding: Their rights to be free from retaliation for
reporting such incidents?
Within 10 days of intake, does the agency provide age-appropriate yes
comprehensive education to residents either in person or through
video regarding: Agency policies and procedures for responding to
such incidents?
115.333
Resident education
(c)
Have all residents received such education? yes
Do residents receive education upon transfer to a different facility yes
to the extent that the policies and procedures of the resident’s
new facility differ from those of the previous facility?
115.333
Resident education
(d)
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are limited English proficient?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are deaf?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are visually impaired?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are otherwise disabled?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Have limited reading skills?
115.333
Resident education
(e)
Does the agency maintain documentation of resident participation yes
in these education sessions?
115.333
Resident education
(f)
In addition to providing such education, does the agency ensure yes
that key information is continuously and readily available or visible
to residents through posters, resident handbooks, or other written
formats?
115.334
Specialized training: Investigations
(a)
In addition to the general training provided to all employees na
pursuant to §115.331, does the agency ensure that, to the extent
the agency itself conducts sexual abuse investigations, its
investigators have received training in conducting such
investigations in confinement settings? (N/A if the agency does
not conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).)
115.334
Specialized training: Investigations
(b)
Does this specialized training include: Techniques for interviewing na
juvenile sexual abuse victims? (N/A if the agency does not conduct
any form of administrative or criminal sexual abuse investigations.
See 115.321(a).)
Does this specialized training include: Proper use of Miranda and na
Garrity warnings? (N/A if the agency does not conduct any form of
administrative or criminal sexual abuse investigations. See
115.321(a).)
Does this specialized training include: Sexual abuse evidence na
collection in confinement settings? (N/A if the agency does not
conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).)
Does this specialized training include: The criteria and evidence na
required to substantiate a case for administrative action or
prosecution referral? (N/A if the agency does not conduct any form
of administrative or criminal sexual abuse investigations. See
115.321(a).)
115.334
Specialized training: Investigations
(c)
Does the agency maintain documentation that agency na
investigators have completed the required specialized training in
conducting sexual abuse investigations? (N/A if the agency does
not conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).)
115.335
Specialized training: Medical and mental health care
(a)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How to detect and assess signs of sexual
abuse and sexual harassment? (N/A if the agency does not have
any full- or part-time medical or mental health care practitioners
who work regularly in its facilities.)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How to preserve physical evidence of sexual
abuse? (N/A if the agency does not have any full- or part-time
medical or mental health care practitioners who work regularly in
its facilities.)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How to respond effectively and
professionally to juvenile victims of sexual abuse and sexual
harassment? (N/A if the agency does not have any full- or part-
time medical or mental health care practitioners who work
regularly in its facilities.)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How and to whom to report allegations or
suspicions of sexual abuse and sexual harassment? (N/A if the
agency does not have any full- or part-time medical or mental
health care practitioners who work regularly in its facilities.)
115.335
Specialized training: Medical and mental health care
(b)
If medical staff employed by the agency conduct forensic yes
examinations, do such medical staff receive appropriate training
to conduct such examinations? (N/A if agency medical staff at the
facility do not conduct forensic exams or the agency does not
employ medical staff.)
115.335
Specialized training: Medical and mental health care
(c)
Does the agency maintain documentation that medical and yes
mental health practitioners have received the training referenced
in this standard either from the agency or elsewhere? (N/A if the
agency does not have any full- or part-time medical or mental
health care practitioners who work regularly in its facilities.)
115.335
Specialized training: Medical and mental health care
(d)
Do medical and mental health care practitioners employed by the yes
agency also receive training mandated for employees by
§115.331? (N/A if the agency does not have any full- or part-time
medical or mental health care practitioners who work regularly in
its facilities.)
Do medical and mental health care practitioners contracted by yes
and volunteering for the agency also receive training mandated
for contractors and volunteers by §115.332? (N/A if the agency
does not have any full- or part-time medical or mental health care
practitioners contracted by or volunteering for the agency.)
115.341
Obtaining information from residents
(a)
Within 72 hours of the resident’s arrival at the facility, does the yes
agency obtain and use information about each resident’s personal
history and behavior to reduce risk of sexual abuse by or upon a
resident?
Does the agency also obtain this information periodically yes
throughout a resident’s confinement?
115.341
Obtaining information from residents
(b)
Are all PREA screening assessments conducted using an objective yes
screening instrument?
115.341
Obtaining information from residents
(c)
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Prior sexual
victimization or abusiveness?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Any gender
nonconforming appearance or manner or identification as lesbian,
gay, bisexual, transgender, or intersex, and whether the resident
may therefore be vulnerable to sexual abuse?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Current
charges and offense history?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Age?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Level of
emotional and cognitive development?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Physical size
and stature?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Mental illness
or mental disabilities?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Intellectual or
developmental disabilities?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Physical
disabilities?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: The resident’s
own perception of vulnerability?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Any other
specific information about individual residents that may indicate
heightened needs for supervision, additional safety precautions, or
separation from certain other residents?
115.341
Obtaining information from residents
(d)
Is this information ascertained: Through conversations with the yes
resident during the intake process and medical mental health
screenings?
Is this information ascertained: During classification assessments? yes
Is this information ascertained: By reviewing court records, case yes
files, facility behavioral records, and other relevant documentation
from the resident’s files?
115.341
Obtaining information from residents
(e)
Has the agency implemented appropriate controls on the yes
dissemination within the facility of responses to questions asked
pursuant to this standard in order to ensure that sensitive
information is not exploited to the resident’s detriment by staff or
other residents?
115.342
Placement of residents
(a)
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Housing Assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Bed assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Work Assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Education
Assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Program Assignments?
115.342
Placement of residents
(b)
Are residents isolated from others only as a last resort when less yes
restrictive measures are inadequate to keep them and other
residents safe, and then only until an alternative means of
keeping all residents safe can be arranged?
During any period of isolation, does the agency always refrain yes
from denying residents daily large-muscle exercise?
During any period of isolation, does the agency always refrain yes
from denying residents any legally required educational
programming or special education services?
Do residents in isolation receive daily visits from a medical or yes
mental health care clinician?
Do residents also have access to other programs and work yes
opportunities to the extent possible?
115.342
Placement of residents
(c)
Does the agency always refrain from placing: Lesbian, gay, and yes
bisexual residents in particular housing, bed, or other assignments
solely on the basis of such identification or status?
Does the agency always refrain from placing: Transgender yes
residents in particular housing, bed, or other assignments solely
on the basis of such identification or status?
Does the agency always refrain from placing: Intersex residents in yes
particular housing, bed, or other assignments solely on the basis
of such identification or status?
Does the agency always refrain from considering lesbian, gay, yes
bisexual, transgender, or intersex identification or status as an
indicator or likelihood of being sexually abusive?
115.342
Placement of residents
(d)
When deciding whether to assign a transgender or intersex yes
resident to a facility for male or female residents, does the agency
consider on a case-by-case basis whether a placement would
ensure the resident’s health and safety, and whether a placement
would present management or security problems (NOTE: if an
agency by policy or practice assigns residents to a male or female
facility on the basis of anatomy alone, that agency is not in
compliance with this standard)?
When making housing or other program assignments for yes
transgender or intersex residents, does the agency consider on a
case-by-case basis whether a placement would ensure the
resident’s health and safety, and whether a placement would
present management or security problems?
115.342
Placement of residents
(e)
Are placement and programming assignments for each yes
transgender or intersex resident reassessed at least twice each
year to review any threats to safety experienced by the resident?
115.342
Placement of residents
(f)
Are each transgender or intersex resident’s own views with yes
respect to his or her own safety given serious consideration when
making facility and housing placement decisions and
programming assignments?
115.342
Placement of residents
(g)
Are transgender and intersex residents given the opportunity to yes
shower separately from other residents?
115.342
Placement of residents
(h)
If a resident is isolated pursuant to paragraph (b) of this section, na
does the facility clearly document: The basis for the facility’s
concern for the resident’s safety? (N/A for h and i if facility doesn’t
use isolation?)
If a resident is isolated pursuant to paragraph (b) of this section, na
does the facility clearly document: The reason why no alternative
means of separation can be arranged? (N/A for h and i if facility
doesn’t use isolation?)
115.342
Placement of residents
(i)
In the case of each resident who is isolated as a last resort when yes
less restrictive measures are inadequate to keep them and other
residents safe, does the facility afford a review to determine
whether there is a continuing need for separation from the general
population EVERY 30 DAYS?
115.351
Resident reporting
(a)
Does the agency provide multiple internal ways for residents to yes
privately report: Sexual abuse and sexual harassment?
Does the agency provide multiple internal ways for residents to yes
privately report: 2. Retaliation by other residents or staff for
reporting sexual abuse and sexual harassment?
Does the agency provide multiple internal ways for residents to yes
privately report: Staff neglect or violation of responsibilities that
may have contributed to such incidents?
115.351
Resident reporting
(b)
Does the agency also provide at least one way for residents to yes
report sexual abuse or sexual harassment to a public or private
entity or office that is not part of the agency?
Is that private entity or office able to receive and immediately yes
forward resident reports of sexual abuse and sexual harassment to
agency officials?
Does that private entity or office allow the resident to remain yes
anonymous upon request?
Are residents detained solely for civil immigration purposes yes
provided information on how to contact relevant consular officials
and relevant officials at the Department of Homeland Security to
report sexual abuse or harassment?
115.351
Resident reporting
(c)
Do staff members accept reports of sexual abuse and sexual yes
harassment made verbally, in writing, anonymously, and from
third parties?
Do staff members promptly document any verbal reports of sexual yes
abuse and sexual harassment?
115.351
Resident reporting
(d)
Does the facility provide residents with access to tools necessary yes
to make a written report?
115.351
Resident reporting
(e)
Does the agency provide a method for staff to privately report yes
sexual abuse and sexual harassment of residents?
115.352
Exhaustion of administrative remedies
(a)
Is the agency exempt from this standard? yes
NOTE: The agency is exempt ONLY if it does not have
administrative procedures to address resident grievances
regarding sexual abuse. This does not mean the agency is exempt
simply because a resident does not have to or is not ordinarily
expected to submit a grievance to report sexual abuse. This
means that as a matter of explicit policy, the agency does not
have an administrative remedies process to address sexual abuse.
115.352
Exhaustion of administrative remedies
(b)
Does the agency permit residents to submit a grievance regarding na
an allegation of sexual abuse without any type of time limits? (The
agency may apply otherwise-applicable time limits to any portion
of a grievance that does not allege an incident of sexual abuse.)
(N/A if agency is exempt from this standard.)
Does the agency always refrain from requiring an resident to use na
any informal grievance process, or to otherwise attempt to resolve
with staff, an alleged incident of sexual abuse? (N/A if agency is
exempt from this standard.)
115.352
Exhaustion of administrative remedies
(c)
Does the agency ensure that: A resident who alleges sexual abuse na
may submit a grievance without submitting it to a staff member
who is the subject of the complaint? (N/A if agency is exempt from
this standard.)
Does the agency ensure that: Such grievance is not referred to a na
staff member who is the subject of the complaint? (N/A if agency
is exempt from this standard.)
115.352
Exhaustion of administrative remedies
(d)
Does the agency issue a final agency decision on the merits of any na
portion of a grievance alleging sexual abuse within 90 days of the
initial filing of the grievance? (Computation of the 90-day time
period does not include time consumed by residents in preparing
any administrative appeal.) (N/A if agency is exempt from this
standard.)
If the agency determines that the 90 day timeframe is insufficient na
to make an appropriate decision and claims an extension of time
(the maximum allowable extension of time to respond is 70 days
per 115.352(d)(3)) , does the agency notify the resident in writing
of any such extension and provide a date by which a decision will
be made? (N/A if agency is exempt from this standard.)
At any level of the administrative process, including the final level, na
if the resident does not receive a response within the time allotted
for reply, including any properly noticed extension, may a resident
consider the absence of a response to be a denial at that level?
(N/A if agency is exempt from this standard.)
115.352
Exhaustion of administrative remedies
(e)
Are third parties, including fellow residents, staff members, family na
members, attorneys, and outside advocates, permitted to assist
residents in filing requests for administrative remedies relating to
allegations of sexual abuse? (N/A if agency is exempt from this
standard.)
Are those third parties also permitted to file such requests on na
behalf of residents? (If a third party, other than a parent or legal
guardian, files such a request on behalf of a resident, the facility
may require as a condition of processing the request that the
alleged victim agree to have the request filed on his or her behalf,
and may also require the alleged victim to personally pursue any
subsequent steps in the administrative remedy process.) (N/A if
agency is exempt from this standard.)
If the resident declines to have the request processed on his or na
her behalf, does the agency document the resident’s decision?
(N/A if agency is exempt from this standard.)
Is a parent or legal guardian of a juvenile allowed to file a na
grievance regarding allegations of sexual abuse, including
appeals, on behalf of such juvenile? (N/A if agency is exempt from
this standard.)
If a parent or legal guardian of a juvenile files a grievance (or an na
appeal) on behalf of a juvenile regarding allegations of sexual
abuse, is it the case that those grievances are not conditioned
upon the juvenile agreeing to have the request filed on his or her
behalf? (N/A if agency is exempt from this standard.)
115.352
Exhaustion of administrative remedies
(f)
Has the agency established procedures for the filing of an na
emergency grievance alleging that a resident is subject to a
substantial risk of imminent sexual abuse? (N/A if agency is
exempt from this standard.)
After receiving an emergency grievance alleging a resident is na
subject to a substantial risk of imminent sexual abuse, does the
agency immediately forward the grievance (or any portion thereof
that alleges the substantial risk of imminent sexual abuse) to a
level of review at which immediate corrective action may be
taken? (N/A if agency is exempt from this standard.)
After receiving an emergency grievance described above, does na
the agency provide an initial response within 48 hours? (N/A if
agency is exempt from this standard.)
After receiving an emergency grievance described above, does na
the agency issue a final agency decision within 5 calendar days?
(N/A if agency is exempt from this standard.)
Does the initial response and final agency decision document the na
agency’s determination whether the resident is in substantial risk
of imminent sexual abuse? (N/A if agency is exempt from this
standard.)
Does the initial response document the agency’s action(s) taken in na
response to the emergency grievance? (N/A if agency is exempt
from this standard.)
Does the agency’s final decision document the agency’s action(s) na
taken in response to the emergency grievance? (N/A if agency is
exempt from this standard.)
115.352
Exhaustion of administrative remedies
(g)
If the agency disciplines a resident for filing a grievance related to na
alleged sexual abuse, does it do so ONLY where the agency
demonstrates that the resident filed the grievance in bad faith?
(N/A if agency is exempt from this standard.)
115.353 Resident access to outside confidential support services and
(a) legal representation
Does the facility provide residents with access to outside victim yes
advocates for emotional support services related to sexual abuse
by providing, posting, or otherwise making accessible mailing
addresses and telephone numbers, including toll-free hotline
numbers where available, of local, State, or national victim
advocacy or rape crisis organizations?
Does the facility provide persons detained solely for civil yes
immigration purposes mailing addresses and telephone numbers,
including toll-free hotline numbers where available of local, State,
or national immigrant services agencies?
Does the facility enable reasonable communication between yes
residents and these organizations and agencies, in as confidential
a manner as possible?
115.353 Resident access to outside confidential support services and
(b) legal representation
Does the facility inform residents, prior to giving them access, of yes
the extent to which such communications will be monitored and
the extent to which reports of abuse will be forwarded to
authorities in accordance with mandatory reporting laws?
115.353 Resident access to outside confidential support services and
(c) legal representation
Does the agency maintain or attempt to enter into memoranda of yes
understanding or other agreements with community service
providers that are able to provide residents with confidential
emotional support services related to sexual abuse?
Does the agency maintain copies of agreements or documentation yes
showing attempts to enter into such agreements?
115.353 Resident access to outside confidential support services and
(d) legal representation
Does the facility provide residents with reasonable and yes
confidential access to their attorneys or other legal
representation?
Does the facility provide residents with reasonable access to yes
parents or legal guardians?
115.354
Third-party reporting
(a)
Has the agency established a method to receive third-party yes
reports of sexual abuse and sexual harassment?
Has the agency distributed publicly information on how to report yes
sexual abuse and sexual harassment on behalf of a resident?
115.361
Staff and agency reporting duties
(a)
Does the agency require all staff to report immediately and yes
according to agency policy any knowledge, suspicion, or
information they receive regarding an incident of sexual abuse or
sexual harassment that occurred in a facility, whether or not it is
part of the agency?
Does the agency require all staff to report immediately and yes
according to agency policy any knowledge, suspicion, or
information they receive regarding retaliation against residents or
staff who reported an incident of sexual abuse or sexual
harassment?
Does the agency require all staff to report immediately and yes
according to agency policy any knowledge, suspicion, or
information they receive regarding any staff neglect or violation of
responsibilities that may have contributed to an incident of sexual
abuse or sexual harassment or retaliation?
115.361
Staff and agency reporting duties
(b)
Does the agency require all staff to comply with any applicable yes
mandatory child abuse reporting laws?
115.361
Staff and agency reporting duties
(c)
Apart from reporting to designated supervisors or officials and yes
designated State or local services agencies, are staff prohibited
from revealing any information related to a sexual abuse report to
anyone other than to the extent necessary, as specified in agency
policy, to make treatment, investigation, and other security and
management decisions?
115.361
Staff and agency reporting duties
(d)
Are medical and mental health practitioners required to report yes
sexual abuse to designated supervisors and officials pursuant to
paragraph (a) of this section as well as to the designated State or
local services agency where required by mandatory reporting
laws?
Are medical and mental health practitioners required to inform yes
residents of their duty to report, and the limitations of
confidentiality, at the initiation of services?
115.361
Staff and agency reporting duties
(e)
Upon receiving any allegation of sexual abuse, does the facility yes
head or his or her designee promptly report the allegation to the
appropriate office?
Upon receiving any allegation of sexual abuse, does the facility yes
head or his or her designee promptly report the allegation to the
alleged victim’s parents or legal guardians unless the facility has
official documentation showing the parents or legal guardians
should not be notified?
If the alleged victim is under the guardianship of the child welfare yes
system, does the facility head or his or her designee promptly
report the allegation to the alleged victim’s caseworker instead of
the parents or legal guardians? (N/A if the alleged victim is not
under the guardianship of the child welfare system.)
If a juvenile court retains jurisdiction over the alleged victim, does yes
the facility head or designee also report the allegation to the
juvenile’s attorney or other legal representative of record within
14 days of receiving the allegation?
115.361
Staff and agency reporting duties
(f)
Does the facility report all allegations of sexual abuse and sexual yes
harassment, including third-party and anonymous reports, to the
facility’s designated investigators?
115.362
Agency protection duties
(a)
When the agency learns that a resident is subject to a substantial yes
risk of imminent sexual abuse, does it take immediate action to
protect the resident?
115.363
Reporting to other confinement facilities
(a)
Upon receiving an allegation that a resident was sexually abused yes
while confined at another facility, does the head of the facility that
received the allegation notify the head of the facility or
appropriate office of the agency where the alleged abuse
occurred?
Does the head of the facility that received the allegation also yes
notify the appropriate investigative agency?
115.363
Reporting to other confinement facilities
(b)
Is such notification provided as soon as possible, but no later than yes
72 hours after receiving the allegation?
115.363
Reporting to other confinement facilities
(c)
Does the agency document that it has provided such notification? yes
115.363
Reporting to other confinement facilities
(d)
Does the facility head or agency office that receives such yes
notification ensure that the allegation is investigated in
accordance with these standards?
115.364
Staff first responder duties
(a)
Upon learning of an allegation that a resident was sexually yes
abused, is the first security staff member to respond to the report
required to: Separate the alleged victim and abuser?
Upon learning of an allegation that a resident was sexually yes
abused, is the first security staff member to respond to the report
required to: Preserve and protect any crime scene until
appropriate steps can be taken to collect any evidence?
Upon learning of an allegation that a resident was sexually yes
abused, is the first security staff member to respond to the report
required to: Request that the alleged victim not take any actions
that could destroy physical evidence, including, as appropriate,
washing, brushing teeth, changing clothes, urinating, defecating,
smoking, drinking, or eating, if the abuse occurred within a time
period that still allows for the collection of physical evidence?
Upon learning of an allegation that a resident was sexually yes
abused, is the first security staff member to respond to the report
required to: Ensure that the alleged abuser does not take any
actions that could destroy physical evidence, including, as
appropriate, washing, brushing teeth, changing clothes, urinating,
defecating, smoking, drinking, or eating, if the abuse occurred
within a time period that still allows for the collection of physical
evidence?
115.364
Staff first responder duties
(b)
If the first staff responder is not a security staff member, is the yes
responder required to request that the alleged victim not take any
actions that could destroy physical evidence, and then notify
security staff?
115.365
Coordinated response
(a)
Has the facility developed a written institutional plan to coordinate yes
actions among staff first responders, medical and mental health
practitioners, investigators, and facility leadership taken in
response to an incident of sexual abuse?
115.366 Preservation of ability to protect residents from contact with
(a) abusers
Are both the agency and any other governmental entities yes
responsible for collective bargaining on the agency’s behalf
prohibited from entering into or renewing any collective
bargaining agreement or other agreement that limits the agency’s
ability to remove alleged staff sexual abusers from contact with
any residents pending the outcome of an investigation or of a
determination of whether and to what extent discipline is
warranted?
115.367
Agency protection against retaliation
(a)
Has the agency established a policy to protect all residents and yes
staff who report sexual abuse or sexual harassment or cooperate
with sexual abuse or sexual harassment investigations from
retaliation by other residents or staff?
Has the agency designated which staff members or departments yes
are charged with monitoring retaliation?
115.367
Agency protection against retaliation
(b)
Does the agency employ multiple protection measures for yes
residents or staff who fear retaliation for reporting sexual abuse or
sexual harassment or for cooperating with investigations, such as
housing changes or transfers for resident victims or abusers,
removal of alleged staff or resident abusers from contact with
victims, and emotional support services?
115.367
Agency protection against retaliation
(c)
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor the conduct and
treatment of residents or staff who reported the sexual abuse to
see if there are changes that may suggest possible retaliation by
residents or staff?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor the conduct and
treatment of residents who were reported to have suffered sexual
abuse to see if there are changes that may suggest possible
retaliation by residents or staff?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Act promptly to remedy any
such retaliation?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Any resident
disciplinary reports?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Resident housing
changes?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Resident program
changes?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Negative performance
reviews of staff?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Reassignments of
staff?
Does the agency continue such monitoring beyond 90 days if the yes
initial monitoring indicates a continuing need?
115.367
Agency protection against retaliation
(d)
In the case of residents, does such monitoring also include yes
periodic status checks?
115.367
Agency protection against retaliation
(e)
If any other individual who cooperates with an investigation yes
expresses a fear of retaliation, does the agency take appropriate
measures to protect that individual against retaliation?
115.368
Post-allegation protective custody
(a)
Is any and all use of segregated housing to protect a resident who yes
is alleged to have suffered sexual abuse subject to the
requirements of § 115.342?
115.371
Criminal and administrative agency investigations
(a)
When the agency conducts its own investigations into allegations na
of sexual abuse and sexual harassment, does it do so promptly,
thoroughly, and objectively? (N/A if the agency does not conduct
any form of administrative or criminal investigations of sexual
abuse or harassment. See 115.321(a).)
Does the agency conduct such investigations for all allegations, na
including third party and anonymous reports? (N/A if the agency
does not conduct any form of administrative or criminal
investigations of sexual abuse or harassment. See 115.321(a).)
115.371
Criminal and administrative agency investigations
(b)
Where sexual abuse is alleged, does the agency use investigators yes
who have received specialized training in sexual abuse
investigations involving juvenile victims as required by 115.334?
115.371
Criminal and administrative agency investigations
(c)
Do investigators gather and preserve direct and circumstantial yes
evidence, including any available physical and DNA evidence and
any available electronic monitoring data?
Do investigators interview alleged victims, suspected yes
perpetrators, and witnesses?
Do investigators review prior reports and complaints of sexual yes
abuse involving the suspected perpetrator?
115.371
Criminal and administrative agency investigations
(d)
Does the agency always refrain from terminating an investigation yes
solely because the source of the allegation recants the allegation?
115.371
Criminal and administrative agency investigations
(e)
When the quality of evidence appears to support criminal yes
prosecution, does the agency conduct compelled interviews only
after consulting with prosecutors as to whether compelled
interviews may be an obstacle for subsequent criminal
prosecution?
115.371 Criminal and administrative agency investigations
(f)
Do agency investigators assess the credibility of an alleged victim, yes
suspect, or witness on an individual basis and not on the basis of
that individual’s status as resident or staff?
Does the agency investigate allegations of sexual abuse without yes
requiring a resident who alleges sexual abuse to submit to a
polygraph examination or other truth-telling device as a condition
for proceeding?
115.371
Criminal and administrative agency investigations
(g)
Do administrative investigations include an effort to determine yes
whether staff actions or failures to act contributed to the abuse?
Are administrative investigations documented in written reports yes
that include a description of the physical evidence and testimonial
evidence, the reasoning behind credibility assessments, and
investigative facts and findings?
115.371
Criminal and administrative agency investigations
(h)
Are criminal investigations documented in a written report that yes
contains a thorough description of the physical, testimonial, and
documentary evidence and attaches copies of all documentary
evidence where feasible?
115.371
Criminal and administrative agency investigations
(i)
Are all substantiated allegations of conduct that appears to be yes
criminal referred for prosecution?
115.371
Criminal and administrative agency investigations
(j)
Does the agency retain all written reports referenced in yes
115.371(g) and (h) for as long as the alleged abuser is
incarcerated or employed by the agency, plus five years unless
the abuse was committed by a juvenile resident and applicable
law requires a shorter period of retention?
115.371
Criminal and administrative agency investigations
(k)
Does the agency ensure that the departure of an alleged abuser yes
or victim from the employment or control of the facility or agency
does not provide a basis for terminating an investigation?
115.371
Criminal and administrative agency investigations
(m)
When an outside entity investigates sexual abuse, does the facility yes
cooperate with outside investigators and endeavor to remain
informed about the progress of the investigation? (N/A if an
outside agency does not conduct administrative or criminal sexual
abuse investigations. See 115.321(a).)
115.372
Evidentiary standard for administrative investigations
(a)
Is it true that the agency does not impose a standard higher than yes
a preponderance of the evidence in determining whether
allegations of sexual abuse or sexual harassment are
substantiated?
115.373
Reporting to residents
(a)
Following an investigation into a resident’s allegation of sexual yes
abuse suffered in the facility, does the agency inform the resident
as to whether the allegation has been determined to be
substantiated, unsubstantiated, or unfounded?
115.373
Reporting to residents
(b)
If the agency did not conduct the investigation into a resident’s yes
allegation of sexual abuse in an agency facility, does the agency
request the relevant information from the investigative agency in
order to inform the resident? (N/A if the agency/facility is
responsible for conducting administrative and criminal
investigations.)
115.373
Reporting to residents
(c)
Following a resident’s allegation that a staff member has yes
committed sexual abuse against the resident, unless the agency
has determined that the allegation is unfounded or unless the
resident has been released from custody, does the agency
subsequently inform the resident whenever: The staff member is
no longer posted within the resident’s unit?
Following a resident’s allegation that a staff member has yes
committed sexual abuse against the resident, unless the agency
has determined that the allegation is unfounded or unless the
resident has been released from custody, does the agency
subsequently inform the resident whenever: The staff member is
no longer employed at the facility?
Following a resident’s allegation that a staff member has yes
committed sexual abuse against the resident, unless the agency
has determined that the allegation is unfounded or unless the
resident has been released from custody, does the agency
subsequently inform the resident whenever: The agency learns
that the staff member has been indicted on a charge related to
sexual abuse in the facility?
Following a resident’s allegation that a staff member has yes
committed sexual abuse against the resident, unless the agency
has determined that the allegation is unfounded or unless the
resident has been released from custody, does the agency
subsequently inform the resident whenever: The agency learns
that the staff member has been convicted on a charge related to
sexual abuse within the facility?
115.373
Reporting to residents
(d)
Following a resident’s allegation that he or she has been sexually yes
abused by another resident, does the agency subsequently inform
the alleged victim whenever: The agency learns that the alleged
abuser has been indicted on a charge related to sexual abuse
within the facility?
Following a resident’s allegation that he or she has been sexually yes
abused by another resident, does the agency subsequently inform
the alleged victim whenever: The agency learns that the alleged
abuser has been convicted on a charge related to sexual abuse
within the facility?
115.373
Reporting to residents
(e)
Does the agency document all such notifications or attempted yes
notifications?
115.376
Disciplinary sanctions for staff
(a)
Are staff subject to disciplinary sanctions up to and including yes
termination for violating agency sexual abuse or sexual
harassment policies?
115.376
Disciplinary sanctions for staff
(b)
Is termination the presumptive disciplinary sanction for staff who yes
have engaged in sexual abuse?
115.376
Disciplinary sanctions for staff
(c)
Are disciplinary sanctions for violations of agency policies relating yes
to sexual abuse or sexual harassment (other than actually
engaging in sexual abuse) commensurate with the nature and
circumstances of the acts committed, the staff member’s
disciplinary history, and the sanctions imposed for comparable
offenses by other staff with similar histories?
115.376
Disciplinary sanctions for staff
(d)
Are all terminations for violations of agency sexual abuse or yes
sexual harassment policies, or resignations by staff who would
have been terminated if not for their resignation, reported to: Law
enforcement agencies, unless the activity was clearly not
criminal?
Are all terminations for violations of agency sexual abuse or yes
sexual harassment policies, or resignations by staff who would
have been terminated if not for their resignation, reported to:
Relevant licensing bodies?
115.377
Corrective action for contractors and volunteers
(a)
Is any contractor or volunteer who engages in sexual abuse yes
prohibited from contact with residents?
Is any contractor or volunteer who engages in sexual abuse yes
reported to: Law enforcement agencies (unless the activity was
clearly not criminal)?
Is any contractor or volunteer who engages in sexual abuse yes
reported to: Relevant licensing bodies?
115.377
Corrective action for contractors and volunteers
(b)
In the case of any other violation of agency sexual abuse or sexual yes
harassment policies by a contractor or volunteer, does the facility
take appropriate remedial measures, and consider whether to
prohibit further contact with residents?
115.378
Interventions and disciplinary sanctions for residents
(a)
Following an administrative finding that a resident engaged in yes
resident-on-resident sexual abuse, or following a criminal finding
of guilt for resident-on-resident sexual abuse, may residents be
subject to disciplinary sanctions only pursuant to a formal
disciplinary process?
115.378
Interventions and disciplinary sanctions for residents
(b)
Are disciplinary sanctions commensurate with the nature and yes
circumstances of the abuse committed, the resident’s disciplinary
history, and the sanctions imposed for comparable offenses by
other residents with similar histories?
In the event a disciplinary sanction results in the isolation of a yes
resident, does the agency ensure the resident is not denied daily
large-muscle exercise?
In the event a disciplinary sanction results in the isolation of a yes
resident, does the agency ensure the resident is not denied access
to any legally required educational programming or special
education services?
In the event a disciplinary sanction results in the isolation of a yes
resident, does the agency ensure the resident receives daily visits
from a medical or mental health care clinician?
In the event a disciplinary sanction results in the isolation of a yes
resident, does the resident also have access to other programs
and work opportunities to the extent possible?
115.378
Interventions and disciplinary sanctions for residents
(c)
When determining what types of sanction, if any, should be yes
imposed, does the disciplinary process consider whether a
resident’s mental disabilities or mental illness contributed to his or
her behavior?
115.378
Interventions and disciplinary sanctions for residents
(d)
If the facility offers therapy, counseling, or other interventions yes
designed to address and correct underlying reasons or motivations
for the abuse, does the facility consider whether to offer the
offending resident participation in such interventions?
If the agency requires participation in such interventions as a yes
condition of access to any rewards-based behavior management
system or other behavior-based incentives, does it always refrain
from requiring such participation as a condition to accessing
general programming or education?
115.378
Interventions and disciplinary sanctions for residents
(e)
Does the agency discipline a resident for sexual contact with staff yes
only upon a finding that the staff member did not consent to such
contact?
115.378
Interventions and disciplinary sanctions for residents
(f)
For the purpose of disciplinary action, does a report of sexual yes
abuse made in good faith based upon a reasonable belief that the
alleged conduct occurred NOT constitute falsely reporting an
incident or lying, even if an investigation does not establish
evidence sufficient to substantiate the allegation?
115.378
Interventions and disciplinary sanctions for residents
(g)
Does the agency always refrain from considering non-coercive yes
sexual activity between residents to be sexual abuse? (N/A if the
agency does not prohibit all sexual activity between residents.)
115.381
Medical and mental health screenings; history of sexual abuse
(a)
If the screening pursuant to § 115.341 indicates that a resident yes
has experienced prior sexual victimization, whether it occurred in
an institutional setting or in the community, do staff ensure that
the resident is offered a follow-up meeting with a medical or
mental health practitioner within 14 days of the intake screening?
115.381
Medical and mental health screenings; history of sexual abuse
(b)
If the screening pursuant to § 115.341 indicates that a resident yes
has previously perpetrated sexual abuse, whether it occurred in
an institutional setting or in the community, do staff ensure that
the resident is offered a follow-up meeting with a mental health
practitioner within 14 days of the intake screening?
115.381
Medical and mental health screenings; history of sexual abuse
(c)
Is any information related to sexual victimization or abusiveness yes
that occurred in an institutional setting strictly limited to medical
and mental health practitioners and other staff as necessary to
inform treatment plans and security management decisions,
including housing, bed, work, education, and program
assignments, or as otherwise required by Federal, State, or local
law?
115.381
Medical and mental health screenings; history of sexual abuse
(d)
Do medical and mental health practitioners obtain informed yes
consent from residents before reporting information about prior
sexual victimization that did not occur in an institutional setting,
unless the resident is under the age of 18?
115.382
Access to emergency medical and mental health services
(a)
Do resident victims of sexual abuse receive timely, unimpeded yes
access to emergency medical treatment and crisis intervention
services, the nature and scope of which are determined by
medical and mental health practitioners according to their
professional judgment?
115.382
Access to emergency medical and mental health services
(b)
If no qualified medical or mental health practitioners are on duty yes
at the time a report of recent sexual abuse is made, do staff first
responders take preliminary steps to protect the victim pursuant
to § 115.362?
Do staff first responders immediately notify the appropriate yes
medical and mental health practitioners?
115.382
Access to emergency medical and mental health services
(c)
Are resident victims of sexual abuse offered timely information yes
about and timely access to emergency contraception and sexually
transmitted infections prophylaxis, in accordance with
professionally accepted standards of care, where medically
appropriate?
115.382
Access to emergency medical and mental health services
(d)
Are treatment services provided to the victim without financial yes
cost and regardless of whether the victim names the abuser or
cooperates with any investigation arising out of the incident?
115.383 Ongoing medical and mental health care for sexual abuse
(a) victims and abusers
Does the facility offer medical and mental health evaluation and, yes
as appropriate, treatment to all residents who have been
victimized by sexual abuse in any prison, jail, lockup, or juvenile
facility?
115.383 Ongoing medical and mental health care for sexual abuse
(b) victims and abusers
Does the evaluation and treatment of such victims include, as yes
appropriate, follow-up services, treatment plans, and, when
necessary, referrals for continued care following their transfer to,
or placement in, other facilities, or their release from custody?
115.383 Ongoing medical and mental health care for sexual abuse
(c) victims and abusers
Does the facility provide such victims with medical and mental yes
health services consistent with the community level of care?
115.383 Ongoing medical and mental health care for sexual abuse
(d) victims and abusers
Are resident victims of sexually abusive vaginal penetration while yes
incarcerated offered pregnancy tests? (N/A if all-male facility.)
115.383 Ongoing medical and mental health care for sexual abuse
(e) victims and abusers
If pregnancy results from the conduct described in paragraph § yes
115.383(d), do such victims receive timely and comprehensive
information about and timely access to all lawful pregnancy-
related medical services? (N/A if all-male facility.)
115.383 Ongoing medical and mental health care for sexual abuse
(f) victims and abusers
Are resident victims of sexual abuse while incarcerated offered yes
tests for sexually transmitted infections as medically appropriate?
115.383 Ongoing medical and mental health care for sexual abuse
(g) victims and abusers
Are treatment services provided to the victim without financial yes
cost and regardless of whether the victim names the abuser or
cooperates with any investigation arising out of the incident?
115.383 Ongoing medical and mental health care for sexual abuse
(h) victims and abusers
Does the facility attempt to conduct a mental health evaluation of yes
all known resident-on-resident abusers within 60 days of learning
of such abuse history and offer treatment when deemed
appropriate by mental health practitioners?
115.386
Sexual abuse incident reviews
(a)
Does the facility conduct a sexual abuse incident review at the yes
conclusion of every sexual abuse investigation, including where
the allegation has not been substantiated, unless the allegation
has been determined to be unfounded?
115.386
Sexual abuse incident reviews
(b)
Does such review ordinarily occur within 30 days of the conclusion yes
of the investigation?
115.386
Sexual abuse incident reviews
(c)
Does the review team include upper-level management officials, yes
with input from line supervisors, investigators, and medical or
mental health practitioners?
115.386
Sexual abuse incident reviews
(d)
Does the review team: Consider whether the allegation or yes
investigation indicates a need to change policy or practice to
better prevent, detect, or respond to sexual abuse?
Does the review team: Consider whether the incident or allegation yes
was motivated by race; ethnicity; gender identity; lesbian, gay,
bisexual, transgender, or intersex identification, status, or
perceived status; gang affiliation; or other group dynamics at the
facility?
Does the review team: Examine the area in the facility where the yes
incident allegedly occurred to assess whether physical barriers in
the area may enable abuse?
Does the review team: Assess the adequacy of staffing levels in yes
that area during different shifts?
Does the review team: Assess whether monitoring technology yes
should be deployed or augmented to supplement supervision by
staff?
Does the review team: Prepare a report of its findings, including yes
but not necessarily limited to determinations made pursuant to §§
115.386(d)(1)-(d)(5), and any recommendations for improvement
and submit such report to the facility head and PREA compliance
manager?
115.386
Sexual abuse incident reviews
(e)
Does the facility implement the recommendations for yes
improvement, or document its reasons for not doing so?
115.387
Data collection
(a)
Does the agency collect accurate, uniform data for every yes
allegation of sexual abuse at facilities under its direct control
using a standardized instrument and set of definitions?
115.387
Data collection
(b)
Does the agency aggregate the incident-based sexual abuse data yes
at least annually?
115.387
Data collection
(c)
Does the incident-based data include, at a minimum, the data yes
necessary to answer all questions from the most recent version of
the Survey of Sexual Violence conducted by the Department of
Justice?
115.387
Data collection
(d)
Does the agency maintain, review, and collect data as needed yes
from all available incident-based documents, including reports,
investigation files, and sexual abuse incident reviews?
115.387
Data collection
(e)
Does the agency also obtain incident-based and aggregated data yes
from every private facility with which it contracts for the
confinement of its residents? (N/A if agency does not contract for
the confinement of its residents.)
115.387
Data collection
(f)
Does the agency, upon request, provide all such data from the na
previous calendar year to the Department of Justice no later than
June 30? (N/A if DOJ has not requested agency data.)
115.388
Data review for corrective action
(a)
Does the agency review data collected and aggregated pursuant yes
to § 115.387 in order to assess and improve the effectiveness of
its sexual abuse prevention, detection, and response policies,
practices, and training, including by: Identifying problem areas?
Does the agency review data collected and aggregated pursuant yes
to § 115.387 in order to assess and improve the effectiveness of
its sexual abuse prevention, detection, and response policies,
practices, and training, including by: Taking corrective action on an
ongoing basis?
Does the agency review data collected and aggregated pursuant yes
to § 115.387 in order to assess and improve the effectiveness of
its sexual abuse prevention, detection, and response policies,
practices, and training, including by: Preparing an annual report of
its findings and corrective actions for each facility, as well as the
agency as a whole?
115.388
Data review for corrective action
(b)
Does the agency’s annual report include a comparison of the yes
current year’s data and corrective actions with those from prior
years and provide an assessment of the agency’s progress in
addressing sexual abuse?
115.388
Data review for corrective action
(c)
Is the agency’s annual report approved by the agency head and yes
made readily available to the public through its website or, if it
does not have one, through other means?
115.388
Data review for corrective action
(d)
Does the agency indicate the nature of the material redacted yes
where it redacts specific material from the reports when
publication would present a clear and specific threat to the safety
and security of a facility?
115.389
Data storage, publication, and destruction
(a)
Does the agency ensure that data collected pursuant to § 115.387 yes
are securely retained?
115.389
Data storage, publication, and destruction
(b)
Does the agency make all aggregated sexual abuse data, from yes
facilities under its direct control and private facilities with which it
contracts, readily available to the public at least annually through
its website or, if it does not have one, through other means?
115.389
Data storage, publication, and destruction
(c)
Does the agency remove all personal identifiers before making yes
aggregated sexual abuse data publicly available?
115.389
Data storage, publication, and destruction
(d)
Does the agency maintain sexual abuse data collected pursuant to yes
§ 115.387 for at least 10 years after the date of the initial
collection, unless Federal, State, or local law requires otherwise?
115.401
Frequency and scope of audits
(a)
During the prior three-year audit period, did the agency ensure yes
that each facility operated by the agency, or by a private
organization on behalf of the agency, was audited at least once?
(Note: The response here is purely informational. A "no" response
does not impact overall compliance with this standard.)
115.401
Frequency and scope of audits
(b)
Is this the first year of the current audit cycle? (Note: a “no” no
response does not impact overall compliance with this standard.)
If this is the second year of the current audit cycle, did the agency na
ensure that at least one-third of each facility type operated by the
agency, or by a private organization on behalf of the agency, was
audited during the first year of the current audit cycle? (N/A if this
is not the second year of the current audit cycle.)
If this is the third year of the current audit cycle, did the agency yes
ensure that at least two-thirds of each facility type operated by
the agency, or by a private organization on behalf of the agency,
were audited during the first two years of the current audit cycle?
(N/A if this is not the third year of the current audit cycle.)
115.401
Frequency and scope of audits
(h)
Did the auditor have access to, and the ability to observe, all yes
areas of the audited facility?
115.401
Frequency and scope of audits
(i)
Was the auditor permitted to request and receive copies of any yes
relevant documents (including electronically stored information)?
115.401
Frequency and scope of audits
(m)
Was the auditor permitted to conduct private interviews with yes
inmates, residents, and detainees?
115.401
Frequency and scope of audits
(n)
Were inmates, residents, and detainees permitted to send yes
confidential information or correspondence to the auditor in the
same manner as if they were communicating with legal counsel?
115.403
Audit contents and findings
(f)
The agency has published on its agency website, if it has one, or yes
has otherwise made publicly available, all Final Audit Reports. The
review period is for prior audits completed during the past three
years PRECEDING THIS AUDIT. The pendency of any agency
appeal pursuant to 28 C.F.R. § 115.405 does not excuse
noncompliance with this provision. (N/A if there have been no Final
Audit Reports issued in the past three years, or, in the case of
single facility agencies, there has never been a Final Audit Report
issued.)

source: DJJ

report_type: PREA

pdf_url: https://www.djj.state.fl.us/content/download/1533807/file/Florida_Southwest Regional Juvenile Detention Center_Year3Cycle4.pdf?version=1

cycle: Year 3 Cycle 4