facility_name: Broward Youth Treatment Center

summary: PREA - Year 3 Cycle 4

raw_content:
PREA Facility Audit Report: Final
Name of Facility: Broward Juvenile Detention Center
Facility Type: Juvenile
Date Interim Report Submitted: NA
Date Final Report Submitted: 09/14/2024
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: Shirley Turner Date of Signature: 09/14/2024
AUDITOR INFORMATION
Auditor name: Turner, Shirley
Email: shirleyturner3199@comcast.net
Start Date of On- 07/30/2024
Site Audit:
End Date of On-Site 07/31/2024
Audit:
FACILITY INFORMATION
Facility name: Broward Juvenile Detention Center
Facility physical 222 Northwest 22nd Avenue , Fort Lauderdale, Florida - 33311
address:
Facility mailing
address:
Primary Contact
Name: Shannon Grant
Email Address: Shannon.Grant@fldjj.gov
Telephone Number: 954-375-1744
Superintendent/Director/Administrator
Name: Shannon Grant
Email Address: Shannon.Grant@fldjj.gov
Telephone Number: 954-375-1744
Facility PREA Compliance Manager
Name: Shannon Grant
Email Address: shannon.grant@fldjj.gov
Telephone Number: O: 954-375-1744
Name: Nissia Moore
Email Address: nissia.moore@fldjj.gov
Telephone Number: O: 772-577-9052
Name: Nina Marks
Email Address: nina.marks@fldjj.gov
Telephone Number: O: 954-375-1746
Facility Health Service Administrator On-Site
Name: Vitalcore Health Strategies
Email Address: Jesus.Uriarte@fldjj.gov
Telephone Number: 954-375-1753
Facility Characteristics
Designed facility capacity: 95
Current population of facility: 62
Average daily population for the past 12 50
months:
Has the facility been over capacity at any No
point in the past 12 months?
Which population(s) does the facility hold? Both females and males
Age range of population: 11-20
Facility security levels/resident custody Secure
levels:
Number of staff currently employed at the 56
facility who may have contact with
residents:
Number of individual contractors who have 13
contact with residents, currently
authorized to enter the facility:
Number of volunteers who have contact 36
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:
0
Number of standards met:
43
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 2024-07-30
audit:
2. End date of the onsite portion of the 2024-07-31
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 Nancy J. Cotterman Center
organization(s) or victim advocates with
whom you communicated:
AUDITED FACILITY INFORMATION
14. Designated facility capacity: 95
15. Average daily population for the past 50
12 months:
16. Number of inmate/resident/detainee 4
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
36. Enter the total number of inmates/ 57
residents/detainees in the facility as of
the first day of onsite portion of the
audit:
38. Enter the total number of inmates/ 0
residents/detainees with a physical
disability in the facility as of the first
day of the onsite portion of the audit:
39. 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:
40. Enter the total number of inmates/ 0
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:
41. 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:
42. Enter the total number of inmates/ 1
residents/detainees who are Limited
English Proficient (LEP) in the facility as
of the first day of the onsite portion of
the audit:
43. Enter the total number of inmates/ 2
residents/detainees who identify as
lesbian, gay, or bisexual in the facility as
of the first day of the onsite portion of
the audit:
44. 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:
45. 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:
46. Enter the total number of inmates/ 0
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:
47. 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:
48. 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
49. Enter the total number of STAFF, 56
including both full- and part-time staff,
employed by the facility as of the first
day of the onsite portion of the audit:
50. Enter the total number of 36
VOLUNTEERS assigned to the facility as
of the first day of the onsite portion of
the audit who have contact with
inmates/residents/detainees:
51. Enter the total number of 13
CONTRACTORS assigned to the facility as
of the first day of the onsite portion of
the audit who have contact with
inmates/residents/detainees:
52. 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
53. Enter the total number of RANDOM 12
INMATES/RESIDENTS/DETAINEES who
were interviewed:
54. 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
55. How did you ensure your sample of Reviewed List of Youth Currently in Detention,
RANDOM INMATE/RESIDENT/DETAINEE conferred with staff, reviewed youth files,
interviewees was geographically observed housing units during the onsite
diverse? comprehensive site review.
56. Were you able to conduct the Yes
minimum number of random inmate/
resident/detainee interviews?
No
57. Provide any additional comments No text provided.
regarding selecting or interviewing
random inmates/residents/detainees
(e.g., any populations you oversampled,
barriers to completing interviews,
barriers to ensuring representation):
Targeted Inmate/Resident/Detainee Interviews
58. Enter the total number of TARGETED 4
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".
60. Enter the total number of interviews 0
conducted with inmates/residents/
detainees with a physical disability using
the "Disabled and Limited English
Proficient Inmates" protocol:
a. 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.
b. Discuss your corroboration strategies Observed population, conferred with staff,
to determine if this population exists in and reviewed resident files.
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
61. 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:
62. Enter the total number of interviews 0
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:
a. 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.
b. Discuss your corroboration strategies Observed population, conferred with staff,
to determine if this population exists in and reviewed resident files.
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
63. 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:
a. 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.
b. Discuss your corroboration strategies Observed population, conferred with staff,
to determine if this population exists in and reviewed resident files.
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
64. Enter the total number of interviews 1
conducted with inmates/residents/
detainees who are Limited English
Proficient (LEP) using the "Disabled and
Limited English Proficient Inmates"
protocol:
65. Enter the total number of interviews 2
conducted with inmates/residents/
detainees who identify as lesbian, gay,
or bisexual using the "Transgender and
Intersex Inmates; Gay, Lesbian, and
Bisexual Inmates" protocol:
66. 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:
a. 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.
b. Discuss your corroboration strategies Observed population, conferred with staff,
to determine if this population exists in and reviewed resident files.
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
67. 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:
a. 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.
b. Discuss your corroboration strategies Reviewed investigation report, conferred with
to determine if this population exists in staff, and reviewed resident files.
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
68. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who disclosed prior sexual
victimization during risk screening using
the "Inmates who Disclosed Sexual
Victimization during Risk Screening"
protocol:
a. 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.
b. Discuss your corroboration strategies Conferred with staff and reviewed resident
to determine if this population exists in files.
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
69. 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:
a. 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.
b. Discuss your corroboration strategies Protective custody regarding risk of sexual
to determine if this population exists in abuse is not used in this facility.
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
70. 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
71. Enter the total number of RANDOM 12
STAFF who were interviewed:
72. 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
If "Other," describe: Gender, race, ethnicity, and languages
spoken were given consideration.
73. Were you able to conduct the Yes
minimum number of RANDOM STAFF
interviews?
No
74. 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.
75. Enter the total number of staff in a 9
SPECIALIZED STAFF role who were
interviewed (excluding volunteers and
contractors):
76. Were you able to interview the Yes
Agency Head?
No
77. Were you able to interview the Yes
Warden/Facility Director/Superintendent
or their designee?
No
78. Were you able to interview the PREA Yes
Coordinator?
No
79. 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)
80. 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
81. Did you interview VOLUNTEERS who Yes
may have contact with inmates/
residents/detainees in this facility?
No
a. Enter the total number of 2
VOLUNTEERS who were interviewed:
b. 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
82. Did you interview CONTRACTORS Yes
who may have contact with inmates/
residents/detainees in this facility?
No
a. Enter the total number of 2
CONTRACTORS who were interviewed:
b. Select which specialized CONTRACTOR Security/detention
role(s) were interviewed as part of this
audit from the list below: (select all that Education/programming
apply)
Medical/dental
Food service
Maintenance/construction
Other
83. Provide any additional comments The PREA Coordinator was interviewed as the
regarding selecting or interviewing agency head designee.
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.
84. Did you have access to all areas of Yes
the facility?
No
Was the site review an active, inquiring process that included the following:
85. 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)?
86. 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)?
87. Informal conversations with inmates/ Yes
residents/detainees during the site
review (encouraged, not required)?
No
88. Informal conversations with staff Yes
during the site review (encouraged, not
required)?
No
89. Provide any additional comments No text provided.
regarding the site review (e.g., access to
areas in the facility, observations, tests
of critical functions, or informal
conversations).
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.
90. 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?
91. Provide any additional comments No text provided.
regarding selecting additional
documentation (e.g., any documentation
you oversampled, barriers to selecting
additional documentation, etc.).
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.
92. 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- 1 1 1 1
on-
inmate
sexual
abuse
Staff- 0 0 0 0
on-
inmate
sexual
abuse
Total 1 1 1 1
93. 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.
94. 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
95. Administrative SEXUAL ABUSE investigation outcomes during the 12 months
preceding the audit:
Ongoing Unfounded Unsubstantiated Substantiated
Inmate-on-inmate 0 0 1 0
sexual abuse
Staff-on-inmate 0 0 0 0
sexual abuse
Total 0 0 1 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.
96. 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
97. 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
98. Enter the total number of SEXUAL 1
ABUSE investigation files reviewed/
sampled:
99. 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
100. Enter the total number of INMATE- 1
ON-INMATE SEXUAL ABUSE investigation
files reviewed/sampled:
101. 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)
102. 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
103. Enter the total number of STAFF- 0
ON-INMATE SEXUAL ABUSE investigation
files reviewed/sampled:
104. Did your sample of STAFF-ON- Yes
INMATE SEXUAL ABUSE investigation
files include criminal investigations? No
NA (NA if you were unable to review any
staff-on-inmate sexual abuse investigation
files)
105. Did your sample of STAFF-ON- Yes
INMATE SEXUAL ABUSE investigation
files include administrative No
investigations?
NA (NA if you were unable to review any
staff-on-inmate sexual abuse investigation
files)
Sexual Harassment Investigation Files Selected for Review
106. Enter the total number of SEXUAL 0
HARASSMENT investigation files
reviewed/sampled:
a. Explain why you were unable to There were no allegations of sexual
review any sexual harassment harassment during this audit period.
investigation files:
107. 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
108. Enter the total number of INMATE- 0
ON-INMATE SEXUAL HARASSMENT
investigation files reviewed/sampled:
109. 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)
110. 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
111. Enter the total number of STAFF- 0
ON-INMATE SEXUAL HARASSMENT
investigation files reviewed/sampled:
112. Did your sample of STAFF-ON- Yes
INMATE SEXUAL HARASSMENT
investigation files include criminal No
investigations?
NA (NA if you were unable to review any
staff-on-inmate sexual harassment
investigation files)
113. Did your sample of STAFF-ON- Yes
INMATE SEXUAL HARASSMENT
investigation files include administrative No
investigations?
NA (NA if you were unable to review any
staff-on-inmate sexual harassment
investigation files)
114. Provide any additional comments There were no allegations of sexual
regarding selecting and reviewing harassment during this audit period.
sexual abuse and sexual harassment Administrative investigations are conducted
investigation files. by the agency and allegations that are
criminal in nature are investigated by local
law enforcement.
SUPPORT STAFF INFORMATION
DOJ-certified PREA Auditors Support Staff
115. 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
116. 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
121. 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 Communications Group, LLC
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: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Agency Organization Chart
Facility Organization Chart
Interviews:
Statewide PREA Coordinator
PREA Compliance Manager
Provision (a):
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.
The Broward Regional Juvenile Detention Center is located in Fort Lauderdale,
Florida and serves male and female adolescents who have been charged or
adjudicated and awaiting placement or release. Detention services include but are
not limited to mental health, medical, education, and recreation. This facility is a
part of the Florida Department of Juvenile Justice and is governed by agency policy
of which the facility's operational procedures are aligned. The agency has an
overarching PREA policy that all State-run and contract facilities follow regarding
implementation of the PREA standards and compliance. The agency policy
mandates zero-tolerance of all forms of sexual abuse and sexual harassment and
provides strategies and responses for reducing and preventing sexual abuse and
sexual harassment.
The facility's operational procedures, supported by policy, provide direction to staff
regarding the facility’s approach to preventing, detecting, and responding to
allegations of sexual abuse and sexual harassment. Policy and procedures provide
and address conduct that violates the zero-tolerance approach regarding all forms
of sexual abuse and sexual harassment. Definitions of prohibited behaviors of
sexual abuse and sexual harassment are contained in the policy and procedures and
include sanctions for those found to have participated in the prohibited behaviors.
Policy FDJJ 1919 serves as the primary or overarching PREA policy; however, there
are additional policies which support adherence to the PREA standards.
Staff training, resident education, and intake screening assist in detecting sexual
abuse and sexual harassment. The overarching policy and supporting policies
include but are not limited to the tenets of the standards including responding to
sexual abuse and sexual harassment through prevention; responsive planning;
training and education; reporting; investigations; medical and mental care; risk
assessments; disciplinary sanctions for residents and staff; and data collection and
review. The interviews confirmed knowledge of the zero-tolerance of sexual abuse
and sexual harassment.
Provision (b):
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 Florida Department of Juvenile Justice has a PREA Coordinator that manages the
PREA compliance process statewide in the agency's facilities and contract facilities.
The PREA Coordinator is in an upper-level management position within the agency
and has direct contact with a Deputy Secretary for the agency regarding PREA-
related issues . An interview with the PREA Coordinator revealed he has sufficient
time and ongoing communication and observations revealed he has the authority to
develop, implement, and oversee agency efforts to comply with the PREA standards
in all of the facilities managed by the agency.
Provision (c):
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’s Superintendent serves as the PREA Compliance Manager, per policy.
The interview revealed there is sufficient time to oversee the facility’s PREA
compliance efforts with the support of the two Assistant Superintendents.
Observations support the interview regarding the immediate support of the
Assistant Superintendents. There is also support from other facility staff and
regional staff regarding adherence to the PREA standards.
Conclusion:
Based upon the review and analysis of the available documentation, the Auditor
determined the facility is compliant with this standard.
115.312 Contracting with other entities for the confinement of residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
PREA Pre-Audit Questionnaire
List of 32 Contractors
Contract Language
Interview:
PREA Coordinator
Provision (a):
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.
Currently, the agency has 32 contractors that provide for the confinement and
program services for juveniles in residential facilities throughout the State of Florida.
A review of a signed contract revealed the provider’s agreement to comply with all
requirements of the and standards of the Prison Rape Elimination Act and as
required by agency policy.
Provision (b):
Any new contract or contract renewal shall provide for agency contract monitoring
to ensure that the contractor is complying with the PREA standards.
All contracts require the agency to monitor the contractor’s compliance with PREA
standards. The contract also informs the vendors of PREA audits by third-party
certified PREA auditors.
Conclusion:
Based upon the review and analysis of the documentation and interview, the
Auditor determined compliance with the standard.
115.313 Supervision and monitoring
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents Reviewed:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Staffing Plan
Staffing Plan Assessments
Unannounced Rounds
Interviews:
Superintendent/PREA Compliance Manager
Intermediate or Higher-Level Staff
Provision (a):
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.
Policy and procedures require the facility to develop, document and implement an
approved staffing plan. The Superintendent/PREA Compliance Manager interview
verified the development of the facility’s staffing plan, the continual assessment of
adequate staffing levels and the need for video monitoring. The staffing ratios are
established for each facility by the agency. The Superintendent and Assistant
Superintendents meet to review the completed schedule by one of the Captains.
The review includes the deployment of staff and identity of any needs to increase
the coverage based on any of the 11 tenets of the standard.
Provision (b):
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 staffing plan is based upon the facility’s average daily population of 50. Policy
requires the facility to document deviations from the staffing plan on the Shift
Report and in the agency's electronic system. Due to the facility’s hold-over practice
as stated in the interview and staffing plan, the deviations are minimal. During the
past 12 months, 2, 234 juveniles were admitted to the facility.
Provision (c):
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.
Observations during the comprehensive site review and subsequent walkthroughs
revealed the facility maintains the PREA ratios. The Superintendent’s interview
confirmed there is no law, regulation or judicial decree to maintain staffing ratios of
1:8 staff to resident ratio during waking hours or a 1:16 staff to resident ratio during
sleeping hours and the facility’s staffing plan reflects the required ratios as
determined by the agency. The staffing plan and deployment of staff ensures a
general line of site of the residents by direct care staff as observed during the
comprehensive site review and subsequent walkthroughs.
Provision (d):
Whenever necessary, but no less frequently than once each year, for each facility
the agency operates, in consultation with the PREA coordinator required by §
115.311, the agency shall assess, determine, and document whether adjustments
are needed to:
(1) The staffing plan established pursuant to paragraph (a) of this section;
(2) Prevailing staffing patterns;
(3) The facility’s deployment of video monitoring systems and other monitoring
technologies; and
(4) The resources the facility has available to commit to ensure adherence to the
staffing plan.
Documentation of the annual assessments of the staffing plan with the last one
dated 2/1/2024 are recorded addressing all elements contained in the standard. The
PREA Coordinator completes the annual assessments in conjunction with the facility
Superintendent/PREA Compliance Manager and the Assistant Superintendents. The
facility utilizes video monitoring combined with direct care staff supervision to
protect residents from sexual abuse and sexual harassment. The assessment for the
year does not require any corrective actions.
Provision (e):
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 announcement is related to the
legitimate operational functions of the facility.
An interview with a higher- level staff member and a review of unannounced rounds
documentation revealed over time unannounced rounds are conducted on all shifts
in all areas of the facility, including all mods, medical, and dining hall. Policy is
implemented in that staff is required to not alert other staff that an unannounced
round is occurring. The interview revealed the unannounced rounds are conducted
randomly and the radio is carried and the transmission is audible. The form used to
document the unannounced rounds and the interview confirm observations and/or
inquiries about the residents' routines being followed; youth and staff interactions
and healthy boundaries; accurate staffing ratios; and any sudden changes in a
resident's behavior or mood. Unannounced rounds are conducted weekly.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is in compliance with this standard.
115.315 Limits to cross-gender viewing and searches
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Facility FOP 5.11, Searches
Training Curriculum
Training Sign-in Sheets
Electronic Training Records
Posted Signs
Interviews:
Random Staff
Residents
Provision (a):
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.
These type cross-gender searches are prohibited. Cross-gender pat-down searches
are not permitted, except in exigent circumstances and they must be documented.
Policy provides guidance to staff on how the searches are to be conducted. The
practice is that cross-gender pat-down searches are not conducted. There is no
evidence of cross-gender searches of any type occurring at the facility in the last 12
months and before that period. Based on the review of the Pre-audit questionnaire
and according to the interviews, cross-gender searches have not been conducted at
the facility during the past 12 months. Policy and procedures prohibit cross-gender
strip searches, or cross-gender pat-down searches of youth, except in exigent
circumstances which direct care staff collectively describe as emergencies.
Provision (b):
The agency shall not conduct cross-gender pat-down searches except in exigent
circumstances.
Policy does not support staff conducting cross-gender pat-down searches, except in
exigent circumstances. All searches and the reason for the search must be
documented. Responses included that an opposite gender staff would not be
present in the facility or there was contraband involved. The training records and
materials show staff receive training on how to conduct searches; staff participation
in the training is documented. Staff interviews confirmed awareness of the policy
regarding searches and acknowledge the training provided. No residents or staff
interviewed reported the occurrence of any cross-gender searches. The evidence
shows cross-gender pat-down searches have not occurred at the facility during the
last 12 months and beyond. FDJJ Policy 1919 prohibits the search of a transgender
or intersex resident solely for the purpose of determining the resident’s genital
status and staff interviews verified such.
Provision (c):
The facility shall document and justify all cross-gender strip searches, cross-gender
visual body cavity searches, and cross-gender pat-down searches.
Cross-gender strip and cross-gender visual body cavity searches are prohibited.
Policy provides for documenting the occurrence of searches and the reasons for
each type of search. All interviews confirmed that cross-gender searches have not
occurred at the facility during this audit period. Staff members are instructed to
document all searches. There was no evidence documenting any cross-gender
searches.
Provision (d):
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 shall 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.
Residents are able to shower, perform bodily functions, and change clothes without
staff of the opposite gender viewing them, supported by policy and interviews. No
residents interviewed reported ever having been naked in full view of the opposite
gender staff while showering, changing clothes, and performing bodily functions.
One of the Assistant Superintendents explained how hygiene practices are
conducted. It was observed that residents have a reasonable amount of privacy
during use of the bathroom.
Staff members of the opposite gender must announce their presence when entering
the residents’ housing units and signs are posted. Residents and staff stated that
opposite gender staff members announce their presence upon entering the living
units. The practice of opposite gender announcements was confirmed during the
comprehensive site review upon entering the opposite gender living units. The
evidence shows residents shower, perform bodily functions, and change clothing
without nonmedical staff of the opposite gender viewing their buttocks or genitalia.
The staff interviews and review of cameras supported that viewing of the camera
monitors does not show residents when they are showering, using the toilet or
changing clothes. The shower and toilet stalls do not allow staff to get a view of the
resident’s body. Hygiene practices are performed with the expectations of
reasonable privacy for each resident. The bathroom procedures are posted in the
area and provide for the process for showering including youth that may need to
shower alone.
Provision (e):
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.
Policy and the training curriculum prohibit the search of transgender or intersex
residents solely for the purpose of determining the residents’ genital status and
staff interviews verified no such searches have occurred or would occur at the
facility. The facility reports that staff received the training on conducting searches
and searches of transgender and intersex youth. Staff interviews confirmed they are
aware that policy prohibits staff from conducting a search of transgender or intersex
youth solely for the purpose of determining the resident’s genital status. When the
genital status of a resident is unknown, learning this information will be part of a
broader medical examination conducted by a medical practitioner in private.
Provision (f):
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 training curriculum for staff provides information on conducting cross-gender
pat-down searches and searches of transgender and intersex youth. Electronic
training records, interviews and training curriculum indicate the provision of search
techniques consistent with the security needs. A dedicated form, Statement of
Preference, may be used by a transgender or intersex youth to identify their sexual
preference of the staff to perform their searches. The training materials and
interviews indicated that staff receive the training. No such searches have been
conducted during the past 12 months.
Conclusion:
Based on the reviewed documentation and interviews, the Auditor determined
compliance with this standard.
Residents with disabilities and residents who are limited English
115.316
proficient
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Blanket Purchase Order, Global Interpreting Network
List of Bilingual Staff for Limited English Proficient Youth
Interviews:
Superintendent
Targeted Interviewee
Random Staff
Agency Head Designee
Provision (a):
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.
Policy and procedures address the provision of support services for disabled
residents by providing these residents the equal opportunity to participate in or
benefit from all aspects of the facility’s efforts to prevent, detect, and respond to
sexual abuse and sexual harassment. Policy prohibits the use of 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, performance of first responder duties, or the
investigation of the allegations. The agency has a arrangements with the Global
Interpreting Network to be used for juveniles, parents or guardians that are unable
to speak and understand English or are deaf. Accommodations may be provided by
the education unit for disabled residents and residents that are limited English
proficient. Mental Health professionals are also trained to provide appropriate
responses regarding PREA education to residents, when needed.
Provision (b):
The agency shall take reasonable steps to ensure meaningful 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, including steps to
provide interpreters who can interpret effectively, accurately, and impartially, both
receptively and expressively, using any necessary specialized vocabulary.
The evidence shows residents with disabilities and who may be limited English
proficient are provided 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. All staff interviewed confirmed residents are not used as interpreters
and understand prior arrangements have been made regarding language
interpreters. There are staff who speak Spanish and/or Creole and have been
identified as translators for residents when needed.
The evidence shows the facility ensures 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, including taking steps to provide interpreters who
can interpret effectively, accurately, and impartially, using any necessary
specialized vocabulary. A targeted interview was conducted with the assistance of
one of the medical staff, identified on the staff interpreter list for assistance with
Spanish speaking youth. The interview was conducted with no issues. The medical
staff also interpreted the acknowledgement statement regarding receipt of
information.
Provision (c):
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 prohibits the use of resident interpreters, resident readers or any kind of
resident assistants except when a delay in obtaining interpreter services could
jeopardize a resident’s safety, performance of the first responder duties, or the
investigation of the allegation. Staff interviews confirmed residents have not been
used to relate PREA information to or from other residents in the past 12 months.
There were no residents in need of an interpreter during the site visit. However, the
intake staff explained how a professional interpreter will be contacted. The Auditor
confirmed the professional interpreting services through a customer service
representative at the Global Interpreting Network, staff interviews, and a review of
the blanket master contract. The facility provides an easy reference guide for staff
in the control room for staff to access an interpreter as needed.
Conclusion:
Based upon the review and analysis of the evidence, the Auditor determined the
facility is compliant with this standard.
115.317 Hiring and promotion decisions
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1800, Background Screening and Hiring Practice
Agency Policy FDJJ 1919, PREA
Personnel Records
Personal Preference Verification Form
Employee Handbook
Interview:
Human Resources Staff
Provisions (a) & (f):
(a): 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.
(f): 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 collective documents address hiring and other personnel matters, including but
not limited to promotion processes and decisions; position descriptions; and
background checks, including child abuse registries. The background checks occur
initially and every five years thereafter, aligned with policy and the Standard. The
personnel files include the completed background checks and hiring documents.
Background checks are obtained through the Florida Department of Juvenile Justice,
Background Screening Unit. Policy FDJJ 1919 prohibits hiring or promoting anyone
who may have contact with residents with residents when they have been involved
in sexual abuse and sexual harassment behavior.
Through the employment application process, prior to hire and promotion,
applicants are asked to verify, in writing, the following information which is a part of
the background screening information packet:
Have 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);
Have 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,
Have been civilly or administratively adjudicated to have engaged in the activity
described above.
The aforementioned is also gleaned from current employees during evaluations.
Staff are informed of their continuing duty to report any related misconduct. The
interview and a review of policies provided details about the hiring process,
completion of background checks, and grounds for termination. The forms
completed and included in the personnel files are responsive to the provisions of
this standard. All applicants are asked about any prior misconduct involving any
sexual activity. The documentation and interview support the facility does not hire
anyone who has engaged in sexual abuse or anyone who has used or attempted to
use force in the community to engage in sexual abuse. This documentation is a part
of the background information packet, required for conducting the criminal
background checks. A sample of background checks were reviewed which confirmed
that they are conducted in accordance with policy and the interview.
Provision (b):
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.
Policies support that the facility does not hire or promote anyone who has been
civilly or administratively adjudicated or have been convicted of engaging in or
attempted to engage in sexual activity by any means. The interview was aligned
with the standard and the documentation shows the inquiries made during the
application process regarding previous misconduct.
Policy and the interview indicate the facility considers any incidents of sexual
harassment in determining whether to hire or promote anyone, or to enlist the
services of any contractor or volunteer, who may have contact with residents. No
applicant will be considered for employment if a background check reveals any
history of inappropriate sexual behavior or arrest for inappropriate sexual behavior.
A sample of background checks were reviewed confirming the background checks
occur.
Provisions (c) & (d):
(c): Before hiring new employees who may have contact with residents, the agency
shall:
(1) Perform a criminal background records check;
(2) Consult 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.
(d): 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.
The background check process includes consulting a child abuse registry as
confirmed during the interview. The prospective employee or contractor also has to
be cleared through the Florida Department of Children and Families. Best efforts are
made to identify information of incidents or allegations of sexual abuse by a
prospective employee. The facility conducts background checks on contractors and
volunteers.
Provision (e):
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.
Initial background checks are conducted and are conducted every five years
thereafter, in accordance with policy. The interview, review of documentation and a
review of the policies provide details about the hiring process, completion of
background checks, and the grounds for termination in accordance with the PREA
standard. A sample of Re-Screens (five-year background checks) were reviewed by
the Auditor.
Provision (g):
Material omissions regarding such misconduct, or the provision of materially false
information, shall be grounds for termination.
The omission of sexual misconduct information or providing false information is
grounds for termination in accordance with policy. According to the interview, this
information is also covered in the new employee orientation. Staff members have a
continuing duty to report related misconduct as indicated in the Employee
Handbook. Employees are informed during new employee orientation that they
have a continuing affirmative duty to disclose any such misconduct. Additionally,
the facility receives an alert if an employee is arrested.
Provision (h):
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 revealed that when a former employee applies for work at another
institution, upon the request from that institution, the request for information will be
reviewed with the Superintendent and forwarded to the regional human resources
administrator for a response to the requested information.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has
determined the facility meets the provisions of the standard.
115.318 Upgrades to facilities and technologies
Auditor Overall Determination: Meets Standard
Auditor Discussion
Document Reviewed:
PREA PRE-Audit Questionnaire
Interview:
Superintendent
Provision (a):
If the agency designed or acquired any new facility or planned any 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?
The facility has not completed major renovations since the last PREA audit
conducted in 2021.
Provision (b):
If the agency installed or updated a video monitoring system, electronic surveillance
system, or other monitoring technology, the agency considered how such
technology may enhance the agency’s ability to protect residents from sexual
abuse.
The camera system supplements direct supervision provided to residents by staff.
The system has not been updated since the last PREA audit was conducted in 2021.
115.321 Evidence protocol and forensic medical examinations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
PREA Compliance Form
Memoranda Re: Advocacy Services
Draft Memorandum of Understanding (MOU)
Flyer
Interviews:
Random Staff
Superintendent/PREA Compliance Manager
Advocacy Agency Representative
Provisions (a) & (b):
(a): 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
developed after 2011.
Policy and procedures provide for the uniform protocols to be followed which are
outlined regarding appropriateness for youth and adults. Through the Florida
Department of Juvenile Justice, Office of Inspector General, law enforcement
personnel is provided the PREA form which are the PREA standards that address but
is not limited to interviewing; evidence collection; victim services; notifications; and
prosecution of sexual assault cases. The agency-based investigators conduct
administrative investigations and the Miami Dade Police Department investigate
sexual abuse allegations that are criminal in nature. Staff interviews confirmed an
understanding of the facility’s protocol for assisting in maintaining usable physical
evidence if a resident alleges sexual abuse and knowledge of the entities
responsible for conducting investigations.
Provision (c):
The agency shall offer all residents who experience 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.
Forensic medical examinations will be conducted at the Nancy J. Cotterman Center
by a Sexual Assault Nurse Examiner, per the interview with the agency
representative at no charge to the victim. Continuity of care will be provided at the
facility primarily by medical staff in conjunction with mental health staff. No forensic
medical examinations were conducted during this audit period.
The interview with the representative from the Nancy J. Cotterman Center (NJCC)
and the Superintendent confirmed the current efforts for the development of a
comprehensive Memorandum of Understanding (MOU). There is correspondence and
meetings have been held to finalize a MOU which is now in draft stage and under
review by management staff at the detention center. The NJCC representative
confirmed the services that will be provided as needed include accompaniment for
the forensic medical examination, interview, and court hearing. There are 24-hour
hotline services, counseling, and information and referrals. Forensic medical
examinations are conducted by a Nurse Practitioner that is trained and/or certified
as a Sexual Assault Nurse Examiner. The representative provided that the lack of a
formal MOU with the detention center will not interfere with the provision of services
to the residents.
Provisions (d) & (e):
(d): 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. (e): 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 interview with the Superintendent confirmed the resident and/or facility staff
members are able to utilize the hotline to request a victim advocate. The hotline for
advocacy services was tested and the line was promptly answered. The interview
with the representative from the Nancy J. Cotterman Center (NJCC) and the
Superintendent confirmed the current efforts for the development of a
comprehensive Memorandum of Understanding (MOU). There is correspondence and
meetings have been held to finalize a MOU which is now in draft stage and under
review by management staff at the detention center. The NJCC representative
confirmed the services that will be provided as needed include accompaniment for
the forensic medical examination, interview, and court hearing. There are 24-hour
hotline services, counseling, and information and referrals. Forensic medical
examinations are also conducted at the NJCC by a Nurse Practitioner that is trained
and/or certified as a Sexual Assault Nurse Examiner. The representative provided
that the lack of a formal MOU with the detention center will not interfere with the
provision of services to the residents.
The NJCC provides advocacy services to other facilities within the Florida
Department of Juvenile Justice. It was also revealed that a forensic medical
examination may be conducted at the facility where the resident resides, if the
facility has the adequate medical infrastructure. The NJCC is a certified sexual
assault program, accredited children's advocacy center and child protection team. It
is certified by the Florida Council Against Sexual Violence and accredited by the
National Children's Alliance. The services provided are accessible to all residents
detained or confined in the facility. Services are available in English, Spanish and
Creole. Flyers are posted in the facility that are easy to read and graphic; a flyer is
also posted at the telephones. The calls are free and policy and practice provides
staff must let residents use the telephone upon request and there is guidance to
staff on the provision of privacy by keeping resident within the line of sight but not
within earshot. All staff receive training regarding confidentiality.
Provisions (f), (g) & (h):
(f): To the extent the agency itself is not responsible for investigating allegations of
sexual abuse, the agency shall request that the investigating agency follow the
requirements of paragraphs (a) through (f) of this section.
(g): The requirements of paragraphs (a) through (f) of this section shall also apply
to:
(1) Any State entity outside of the agency that is responsible for investigating
allegations of sexual abuse in juvenile facilities; and
(2) Any Department of Justice component that is responsible for investigating
allegations of sexual abuse in juvenile facilities.
(h): For the purposes of this standard, a qualified agency staff member or a
qualified community-based staff member shall be an individual who has been
screened for appropriateness to serve in this role and has received education
concerning sexual assault and forensic examination issues in general.
Investigators from the Office of Inspector General conducts administrative
investigations. Policy and procedures require staff to report allegations of sexual
abuse, criminal in nature, to the Miami Dade Police Department and the Florida
Department of Children and Families. All allegations are reported to the Florida
Central Abuse Hotline and the Florida Department of Juvenile Justice Central
Communication Center. When the Miami Dade Police Department arrives at the
facility to conduct an investigation, facility staff will provide and request the
investigative agency to follow the Inspector General Directive, PREA Compliance
Form, containing the standards that maximize the potential for obtaining usable
physical evidence for criminal prosecution and appropriate for youth. Advocacy
services will be provided by the qualified agency which is an accredited children's
advocacy center. The facility is staffed with victim advocates and Nurse
Practitioners that are trained and/or certified as Sexual Assault Nurse Examiners
(SANEs).
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is in compliance with the provisions of this standard.
115.322 Policies to ensure referrals of allegations for investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Investigation Report
PREA Compliance Form
Websites
Interviews:
Random Staff
Superintendent
Statewide PREA Coordinator/Agency Head Designee
Provision (a):
The agency shall ensure that an administrative or criminal investigation is
completed for all allegations of sexual abuse and sexual harassment.
The Florida Department of Juvenile Justice (DJJ) ensures an administrative or
criminal investigation is completed for all allegations of sexual abuse and sexual
harassment in State-run and contract facilities such as this facility. Policies provide
that staff report all allegations of sexual abuse and sexual harassment and to
document reports; staff members are aware of the requirements. The facility reports
one allegation of sexual abuse and one allegation of sexual harassment. Sexual
abuse and sexual harassment allegations are referred to the DJJ/Office of Inspector
General (OIG), Florida Department of Children and Families, and law enforcement if
criminal in nature. The allegation of sexual harassment was staff-on-resident; the
allegation of sexual abuse was resident-on-resident. Both allegations were
investigated by a DJJ/OIG investigator. The results of the administrative
investigations determined the allegations were unfounded. There was one allegation
of sexual abuse and no allegations of sexual harassment. The allegation received an
administrative investigation and was closed as Information Only by the agency
investigator and closed with No Services Recommended by the child welfare agency.
Law enforcement was contacted and there were no charges/arrests. Policy and
interviews provide for investigations of all allegations of sexual abuse and sexual
harassment.
Provisions (b) & (c):
(b): The agency shall have in place a policy to ensure that allegations 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. 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. (c): If a separate entity is responsible
for conducting criminal investigations, such publication shall describe the
responsibilities of both the agency and the investigating entity.
DJJ has an overarching PREA policy that requires allegations of sexual abuse or
sexual harassment be referred for investigation to an agency with the legal
authority to conduct criminal investigations which include the Florida Department of
Children and Families and law enforcement. The DJJ does not conduct criminal
investigations; only administrative investigations. Policy, indicating which
investigative entities investigate what, and reporting information are located on the
DJJ and facility’s parent agency websites and posted within the facility, accessible to
the public. Policies, the investigation report, and interviews confirmed allegations of
sexual abuse and sexual harassment are investigated. Administrative investigations
are conducted by DJJ/OIG trained investigators. Allegations that are criminal in
nature are referred to law enforcement.
Provision (d):
Any State entity responsible for conducting administrative or criminal investigations
of sexual abuse or sexual harassment in juvenile facilities shall have in place a
policy governing the conduct of such investigations.
The DJJ/OIG has policy/directive governing investigations. The agency utilizes
trained investigators. A previous interview with an investigative staff, investigation
reports, and agency previous reports confirm that administrative investigations are
conducted by a trained investigator and allegations that are criminal in nature will
be referred to law enforcement.
Provision (e):
Any Department of Justice component responsible for conducting administrative or
criminal investigations of sexual abuse or sexual harassment in juvenile facilities
shall have in place a policy governing the conduct of such investigations.
The Department of Justice is not responsible for conducting administrative or
criminal investigations of sexual abuse or sexual harassment in this facility.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.331 Employee training
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Florida Administrative Code 63H-3, Staff Training
Agency Policy FDJJ 1919, PREA
Training Curricula
Electronic Training Records
Training Sign-In Sheets
Random Staff
Provisions (a) & (c):
(a): 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.
(c): 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 agency and facility provide and/or conduct the required training, according to
the Standard, for all employees who may have conduct with residents. Policy and
the Administrative Code address PREA related training for staff which is formally
provided initially and annually; refresher sessions are provided throughout
employment. Refresher sessions may be conducted in staff meetings and shift
briefings which include any changes in policy, procedures, and practice; and general
PREA related practices that do not occur at all or very little in order to keep staff
alert. Interviewed staff members were generally familiar with the PREA information.
PREA training is provided to staff, as indicated by a review of facility and agency
policies, training documents, and interviews. All staff have direct or indirect contact
with residents and have received PREA training.
Provision (b):
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 detains or confines males and females staff training considers the needs
of the population served as indicated by the interviews. Policies and interviews
support training being tailored to the needs and attributes of the population served.
All staff within the facility are provided PREA training.
Provision (d):
The agency shall document, through employee signature or electronic verification
that employees understand the training they have received.
The PREA training reviewed was documented electronically and manually through
sign-in sheets and verified through staff interviews.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with the standard.
115.332 Volunteer and contractor training
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
Training Curricula
Acknowledgement Statements
Interviews:
Volunteers
Contractors
Superintendent
Provision (a):
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.
Volunteers and contractors who have contact with residents must be trained on
PREA and their responsibilities regarding sexual assault prevention, detection, and
response to allegations of sexual abuse and sexual harassment. A review of
documents, training curriculum, interviews and observation confirmed the training
occurs. The training curriculum includes but is not limited to information in the
following areas: reporting allegations of sexual abuse and sexual harassment;
related definitions; detecting sexual abuse and sexual harassment; and maintaining
professional relationships with residents.
Provision (b):
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 interviews and review of documentation revealed the PREA training informs the
participants of their role in reporting allegations of sexual abuse and sexual
harassment. The participants are informed of their responsibilities regarding sexual
abuse prevention, detection, and response to an allegation of sexual abuse or
sexual harassment. The training is based on the services provided by the
contractors and volunteers. The interviews revealed familiarity with the zero-
tolerance policy regarding sexual abuse and sexual harassment of residents,
including how to report. The interviews confirmed the review of the zero-tolerance
policy is included in the PREA training. The volunteers provide group counseling
services and the contractors provide mental health and medical services to the
residents. PREA education is available within the facility by staff and through a
Department of Juvenile Justice online course or the downloaded training curriculum.
Provision (c):
The agency shall maintain documentation confirming that volunteers and
contractors understand the training they have received.
The training documentation and interviews confirmed the receipt and awareness of
PREA training by contractors and volunteers. The interviews and acknowledgement
statements indicated understanding of the training received. The PREA training is
made available to volunteers and contractors prior to them providing services within
the facility.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with the provisions of this standard.
115.333 Resident education
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
Training Curricula
Resident Handbook
Orientation Checklist
Acknowledgement Statements
Training Logs/Sign-in Sheets
Brochures
Posted Information
Interviews:
Residents/Targeted Interviewees
Intake Staff
Provisions (a) & (b):
(a): 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. (b): 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.
Youth receive information at the time of intake about PREA including the zero-
tolerance policy of the facility and how to report allegations of sexual abuse and
sexual harassment at the Juvenile Assessment Center (JAC). Once the youth is
transported and admitted to the Regional Juvenile Detention Center, the PREA
information is reviewed by staff. Agency policy provide that all residents admitted to
the JAC or Regional Juvenile Detention Center receive PREA education. Residents
receive directions on how to report allegations of sexual abuse and sexual
harassment; and the right to be free from retaliation for reporting, according to the
documentation and interview with the intake staff. The residents are educated on
the various ways of how to report allegations of sexual abuse and sexual
harassment.
A review of the education materials indicated the information provided to the
residents is age-appropriate. It was revealed that PREA refresher education sessions
are conducted during group sessions as a rotating topic among treatment topics
covered in group activities. The intake staff is also available to also address
questions that a resident may have regarding PREA. A review of the education
materials show the information is age-appropriate however it is recommended that
additional emphasis be placed on the identification and purpose of the advocacy
agency and the services provided and that it be rotated in the group sessions more
often. The residents sign acknowledgement statements and sign-in sheets/rosters
which represent receipt of the PREA information provided.
Provision (c):
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.
Based on the evidence shown documenting the PREA education sessions in
Provisions (a) and (b), all residents received PREA education. The facility reports
that 2,234 youth were admitted to the facility during the past 12 months and that
all participated in PREA education sessions. Formal interviews and informal
conversations with residents and interview with intake staff and review of
documentation support that all youth admitted to the facility receive PREA
education during the intake process and intermittently throughout their stay in the
facility. Acknowledgement statements, rosters and the interviews indicate that
general PREA education is provided. Policy provides that all youth admitted to the
facility receive PREA education.
Provision (d):
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 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, per policy. The
education unit is also a resource for accessibility, supportive services, and
translation services and other accommodations. Assistance may also be provided by
the mental health staff to ensure all residents’ understanding of the PREA
information.
Policy provides for interpreter and translation services. There is documentation and
policy that provide information and accessibility for the accommodations for
residents with special needs in this area. The education staff provides services
through certified teachers with the educational background to modify/adapt
information for all residents to understand. Posted and/or other printed PREA
information is in English, Spanish and Creole. A blanket purchase order exists with
the Global Interpreting Network which is to be used for juveniles, parents or
guardians that are unable to speak and understand English or are deaf. A customer
care representative confirmed the available translating services, including services
for the Deaf. Additionally, there is access to other languages through the Global
Interpreting Network when indicated. One resident, limited English proficient, was
interviewed with the assistance of identified staff on the list of staff interpreters.
The random staff interviews revealed a practice of residents not used as translators
or readers for other residents. There is a collective awareness of the availability of
bilingual staff and professional translating and interpreting services. The education
staff has the capabilities of adapting PREA education information as needed to
ensure the understanding of the information to all residents. Mental health staff may
also assist in ensuring residents understand the PREA information provided.
Targeted interviews confirmed they have staff who explains things to them.
Provision (e):
The agency shall maintain documentation of resident participation in these
education sessions.
Signed acknowledgement statements were reviewed which supported the residents’
involvement in PREA education sessions. The residents’ interviews revealed the
exposure to PREA through the PREA education sessions. The residents were aware
of how to report allegations of sexual abuse and sexual harassment and that they
would not be punished for reporting such.
Provision (f):
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 PREA education materials provide residents information on how to report
allegations of sexual harassment and sexual abuse. PREA information is posted and
provided to residents to assist in eliminating incidents of sexual abuse and sexual
harassment. The printed materials provide information on sexual abuse and sexual
harassment; steps victims may take; and reporting information. Each resident is
provided a handbook and an orientation packet which also contains PREA
information. PREA-related information was observed posted or displayed throughout
the facility.
PREA signage is placed at varying eye levels and are colorful and/or graphic with
consistent messages. The interviews with the residents revealed they know where
to find information on the wall if they need it. The interviews confirmed the PREA
audit notices had been up for awhile and that the PREA information is always on the
walls. PREA information is located in the housing area; common areas for staff,
residents, contractors, volunteers, and visitors; lobby; and offices.
Conclusion:
Based upon the review and analysis of the available evidence, interviews, and
observations, the Auditor determined the facility is compliant.
115.334 Specialized training: Investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Training Curriculum
Training Roster
Interviews:
Superintendent
PREA Coordinator
Provisions (a) & (b):
(a): 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. (b): 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.
Administrative investigations are conducted by the Florida Department of Juvenile
Justice (DJJ)/Office of Inspector General (OIG). PREA training is required in addition to
the specialized training regarding conducting administrative investigations.
Allegations that are criminal in nature are referred for investigation by local law
enforcement. The previously conducted interview with an investigation staff and
review of documents confirmed administrative investigations are conducted by
trained investigators within the DJJ/OIG. The specialized training includes but is not
limited to interviewing techniques; proper use of Garrity and Miranda warnings/
specifically Garrity; preserving evidence; and criteria for supporting a finding of
substantiated, unsubstantiated or unfounded.
Provision (c):
The agency shall maintain documentation that agency investigators have
completed the required specialized training in conducting sexual abuse
investigations.
Documentation is maintained by the Florida Department of Juvenile Justice, Office of
Inspector General, for the administrative investigators. Law enforcement and the
Florida Department of Children and Families maintain documentation of training
completed by their investigators.
Provision (d):
Any State entity or Department of Justice component that investigates sexual abuse
in juvenile confinement settings shall provide such training to its agents and
investigators who conduct such investigations.
Facility staff does not conduct administrative nor criminal investigations into
allegations of sexual abuse and sexual harassment. Agency staff conducts
administrative investigations.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor has
determined the facility is compliant with this standard.
115.335 Specialized training: Medical and mental health care
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Training Records
Training Curriculum
Interviews:
Medical Staff
Mental Health Staff
Provision (a):
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.
Agency policy provides medical and mental health staff members receive the
regular PREA training as well as the specialized training. Training records document
specialized training for medical and mental health staff members. Specialized
medical and mental health training is provided through the Florida Department of
Juvenile Justice's online training system. Documentation of specialized training and
the interviews with clinical staff confirmed the training occurs.
Provision (b):
If medical staff employed by the agency conduct forensic examinations, such
medical staff shall receive the appropriate training to conduct such examinations.
Forensic examinations are not conducted by the facility’s medical staff as verified
during the medical staff interview. Forensic examinations are conducted at the
hospital by a qualified medical practitioner.
Provision (c):
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 electronic training records and interviews with medical and mental health staff
confirmed receipt of the required training.
Provision (d):
Medical and mental health care practitioners shall also receive the training
mandated for employees under Standard 115.331 or for contractors and volunteers
under Standard 115.332, depending upon the practitioner’s status at the agency.
Medical and mental health staff complete the general training that is provided for all
staff members as documented by training records.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has
determined the facility is compliant with this standard.
115.341 Obtaining information from residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
Screening for Vulnerability, Victimization and Sexually Aggressive Behavior (VSAB)
Interviews:
Staff Responsible for Risk Screening
PREA Compliance Manager
Statewide PREA Coordinator
Residents
Provision (a):
The Policy provides that upon arrival or 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.
Agency policy provides for each resident admitted to the facility to be screened for
risk of victimization or abusiveness, prior to room assignment in order to reduce the
risk of sexual abuse by or upon a resident. The interviews and practice indicate the
risk assessment is completed on the day of admission. According to the risk
screener, the VSAB is administered at the Juvenile Assessment Center (JAC). The
same VSAB is reviewed with the youth upon their arrival to the facility. When a
youth arrives without a VSAB, the risk screener administers one, asking the basic
questions according to the VSAB. An explanation of a question is provided as
needed; probing may be required depending on the youth and any lack of
information received. The youth is interviewed to obtain information about personal
history and behavior. Information may also be obtained from the parent/guardian,
through review of a court packet, or any other information that may be learned by
the JAC staff or stored in the agency's electronic data system.
The intake screening instrument, VSAB, is used to document such information and is
administered in a private setting. The interviews revealed the practice of the risk
screening being conducted in accordance with the policies. Screening instruments
and interview with the risk screener confirmed the information obtained includes
but is not limited to:
Prior sexual victimization or abusiveness;
Resident’s own perception of vulnerability;
Current charges and offense history;
Self-identification of resident;
Intellectual or developmental disabilities;
Physical disabilities;
Mental illness or mental disabilities
Information regarding relationships with other youth
Confirmation of size and stature
Confirmation of Age
Agency policy addresses the occurrence and criteria regarding formal
reassessments of residents. It is reported that the all youths admitted to the facility
within the past 12 months were screened either in the JAC or during the admission
process for risk of sexual victimization and the risk of sexually abusing other
residents. The risk assessments are accessible to the clinical and intake staff. The
resident files were observed to be maintained in a confidential manner in lockable
file cabinets in a locked area which is a part of the key control system. Electronic
information is password protected with access only to identified staff. The agency
has a virtual private network that also requires a password and is accessible by
approved staff.
Provision (b):
Such assessments shall be conducted using an objective screening instrument.
An objective screening instrument is used to obtain the information required by the
standard, including but not limited to prior sexual victimization or abusiveness; self-
identification; current charges and offense history; disabilities; and a resident’s
concern regarding his/her own safety. The instrument, VSAB, is tabulated based on
the information received where identified responses can identify any special needs
and safety concerns. The VSAB contains verifiable items that collectively provide a
presumptive determination of risk for victimization or abusiveness. The VSAB is
administered by trained staff consistently which also assists in minimizing
subjective interpretation and bias.
Provision (c):
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 residents’ 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 Auditor reviewed the screening instrument and determined the items required
by this provision of the standard are included within the instrument. The interview
with the risk screener confirmed awareness of the elements of the risk screening
instrument. The resident interviews also confirmed the administration of the
screening instrument and the general inquiries made. The interviews revealed the
practice is that the instrument is administered the first day of the youth’s admission
to the facility.
Provision (d):
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 information to complete the risk screening instrument is gleaned from various
sources. Information in determining the risk for victimization or abusiveness is
obtained through interviewing the youth. Additional information to complete the
screening instrument includes review of the court packet and interviews with a
parent/guardian. The facility is aware of the youth’s pending arrival to the facility
and treatment staff has the opportunity to review the residents electronic record in
an effort to preliminarily prepare for the needs prior to their arrival. Additional
assessments are completed after the youth is admitted to the facility to obtain
supportive information for treatment planning and keeping the youth safe.
Provision (e):
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.
Appropriate controls are taken to ensure that sensitive information is protected and
not exploited by maintaining the files securely in a locked file cabined in locked
offices when unoccupied. The key to the offices are in the key control system.
Electronic information is password protected with limited and identified staff access.
When questioned, the risk screener addressed the management of sensitive
information and the expectation of confidentiality by staff. The mental health,
medical and case management staffs have access to the risk screening instruments.
Confidentiality is a component of staff training and addressed by policy.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.342 Placement of residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
Vulnerability to Victimization and Sexually Aggressive Behavior (VSAB)
Booking Classification Forms
Interviews:
Staff Responsible for Risk Screening
Medical Staff
Mental Health Staff
Residents
PREA Compliance Manager
PREA Coordinator
Provision (a):
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 uses information from the VSAB and Booking Classification Form
required to inform housing, bed, work, education, and program assignments. Policy
and procedures provide guidance to staff regarding the use of the information
obtained from the screening instruments. The interviews indicate the screening
information is used to inform staff of information based on the need to know,
housing and program assignments, and assist in identifying treatment and any
special services. Housing and other assignments are not made until the pertinent
information is gleaned through the administrations of the VSAB and completion of
the Booking Classification Form.
Provision (b):
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 random staff interviews indicated protective measures will be taken
immediately when needed and includes separating residents, closer supervision,
single room status, and notifying supervisors and administrators. There were not
any residents identified as at-risk of sexual victimization during this audit period.
Policy exists if the situation should ever occur.
Provision (c):
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.
Gay, bisexual, transgender, or intersex residents are not placed in specific housing
solely based on how the residents identify or their status. Staff members are
prohibited from considering the identification as an indicator that these residents
may be more likely to be sexually abusive. During the site review, there were no
rooms or units observed or identified to be reserved for LGBTI youth. Housing
assignments are made on a case-by-case basis as supported by policy, interviews
and practice. The targeted interviewee confirmed no special housing and revealed
the feeling of safety and fairness.
Provision (d):
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 residents’ health and safety, and whether the placement
would present management or security problems.
Policy and practice support that housing and program assignments for transgender
or intersex residents are made on a case-by-case basis which was evident from staff
interviews and observations. The interview with the risk screener confirmed that
staff considers on a case-by-case basis whether a placement ensures a resident’s
health and safety, and whether the placement will present management or security
problems. The interviews indicate staffs’ awareness and efforts in keeping residents
safe. There were no residents in the facility in this category in the facility during the
onsite audit phase.
Provision (e):
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.
Policy provides placement and programming assignments for each transgender or
intersex resident be reassessed twice per year to determine any threats to safety
experienced by the resident. The interview with the risk screener confirmed
awareness of policy. The practice of reassessments occurring with all residents
provides that the reassessment of transgender and intersex youth will occur at least
twice per year. Generally, reassessments are conducted if there is an incident or
new information is received.
Provision (f):
A transgender or intersex resident’s own views with respect to his or her own safety
shall be given serious consideration.
All resident’s concern for their own safety is taken into account through the
administration of the risk vulnerability screening instrument, meetings with
treatment staff, or due to observations made through staff and youth or youth and
youth interactions. The interviews with staff and review of documentation were
aligned with the policy.
Provision (g):
Transgender and intersex residents shall be given the opportunity to shower
separately from other residents.
Transgender or intersex residents will be given the opportunity to shower separately
from other residents which is also supported by the interviews and policy. There
were no youth identified in this category during the onsite audit phase.
Provision (h):
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.
Agency policy provides that a resident will only be placed in isolation as a last resort
for protection and it would only be until other arrangements could be made to keep
the resident safe. The provisions of this standard will be provided if such occurs
based on agency policy. No residents were determined at-risk of sexual victimization
during the 12 months preceding the audit.
Provision (i):
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.
Isolation is not used in this facility as protective custody due to a resident being at
risk for sexual abuse. If the situation occurs, policy is in place to guide staff. When
used, general isolation is short-term.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.351 Resident reporting
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures 3.09, PREA
Chapter 63F-11, Central Communications Center
PREA Form
Grievance Form
Medical Request Form
Brochure
Multilingual Posters
Resident Handbook
Memorandum from Legal Staff
Interviews:
Residents
Random Staff
PREA Compliance Manager
Provision (a):
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.
Policy provides for internal ways a resident may report allegations of sexual abuse
and sexual harassment, including how to privately report sexual abuse and sexual
harassment; retaliation for reporting; and staff neglect or violations of
responsibilities that may have contributed to such. Residents may report allegations
of sexual abuse or sexual harassment by telephone through the 24-hour Florida
abuse reporting hotline. Telephones are made accessible to residents for reporting
allegations of sexual abuse and sexual harassment. Staff members are required to
make the use of the telephone accessible for residents to report allegations of
sexual abuse and sexual harassment, and staff neglect or violation of
responsibilities that may have contributed to such incidents. The reporting
information is posted by the telephones. There were no allegations of sexual abuse
of sexual harassment during this audit period.
Policy, posters, brochures, information sheet, and the resident handbook collectively
provide telephone numbers and instructions for reporting allegations of sexual
abuse or sexual harassment. In addition to accessing a telephone, residents are also
informed in the PREA education sessions, determined from the interviews, that they
may tell staff; submit a complaint in writing utilizing the PREA Form (a Grievance
form may also be used to write the complaint); or use the hotline regarding
allegations of sexual abuse or sexual harassment.
The residents interviewed identified someone who did not work at the facility they
could report to about sexual abuse or sexual harassment. The random staff and
resident interviews collectively revealed residents may use a telephone, submit a
complaint in writing, or talk to staff to privately report allegations of sexual abuse
and sexual harassment. The resident is provided the hotline number in writing
throughout the facility, including in the, resident handbook, brochures, and posted
information. According to interviews and informal conversations, residents have
access to use the telephone to report allegations and to communicate with
approved contacts on the outside.
Residents have access to writing utensils; help request forms; and locked boxes for
receipt of the forms which are accessible to all residents for reporting allegations of
sexual abuse and sexual harassment. Written notes or letters and other completed
forms may also be given to staff. If a grievance form is used to make a written
allegation of sexual abuse or sexual harassment, the reporting procedures will be
implemented in accordance with policy. PREA information is posted and each
resident is provided a handbook which contains reporting and other PREA related
information. Staff members receive information on how to report allegations of
sexual abuse or sexual harassment through policies and procedures, training, shift
briefings, and staff meetings.
Records are securely stored in locked cabinets behind locked doors which are within
the key control system. The electronic records are password protected and the
agency has a virtual private network. All the posted signage and brochures are age
appropriate and are printed in the dominant languages of English and Spanish. The
printed material is easy to read and the messages are consistent. Information is
posted at varying eye levels.
Provision (b):
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 information on how to contact relevant consular officials and relevant
officials at the Department of Homeland Security.
The Florida abuse reporting hotline may be used by residents and staff to report
allegations of sexual abuse and sexual harassment. The interviews revealed
familiarity with policy and posted information on how to report allegations.
Telephones are accessible to all staff and are made accessible to residents by staff;
a resident may remain anonymous upon request. The telephone hotline was tested;
the telephone was in working order and attended by an operator who explained the
routing of the calls. An allegation may also be reported in Spanish by following the
recorded prompt on the hotline. The reports of sexual abuse or sexual harassment
are accepted and referred for an investigation. The facility does not detain residents
solely for civil immigration purposes according to written communication from the
Department of Juvenile Justice legal department.
Provision (c):
Staff shall accept reports made verbally, in writing, anonymously, and from third-
parties and shall promptly document any verbal reports.
The staff interviews confirmed the methods available to residents for reporting
allegations of sexual abuse and sexual harassment. Staff members are required to
accept reports made anonymously, third-party reports and to document verbal
reports. The resident interviews collectively indicated awareness of reporting either
in person, in writing, by telephone, or through a third-party. The residents may
remain anonymous by not recording their names if an allegation is made in writing.
Interviewed staff members were aware of their duty to receive and document the
receipt of verbal reports. PREA related information is stored in lockable cabinets
behind locked doors within the key control system. Electronic records are password
protected and staff access identified.
Provision (d):
The facility shall provide residents with access to tools necessary to make a written
report.
Interviews and observations revealed writing materials are available for residents to
complete a help request form or write a note. Each resident is provided a handbook
which contains information regarding reporting by a written method. The interviews,
review of documents and facility practices revealed alignment with the agency and
facility policies. All residents have access to writing tools as confirmed by interviews
and observations by the Auditor.
There is a system for the residents to send and receive mail; regular and legal. All
legal mail is confidential. The residents may also make telephone calls to parents or
other approved individuals and additional telephone calls are available through the
behavior management system. The residents have ample opportunity to
communicate with others outside of the facility. All the residents interviewed were
able to provide information regarding the days and time for visitation and telephone
calls.
Provision (e):
The agency shall provide a method for staff to privately report sexual abuse and
sexual harassment of residents.
The staff interviews revealed staff can privately report allegations of sexual abuse
and sexual harassment through a call to the Florida abuse reporting hotline or
Department of Juvenile Justice, Central Communications Center, and/or speak
directly to the supervisor or Superintendent in a private area. Random staff were
able to walkthrough the processes for the methods they provided for reporting
allegations of abuse.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this standard.
115.352 Exhaustion of administrative remedies
Auditor Overall Determination: Meets Standard
Auditor Discussion
Document:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Interviews:
Superintendent
Residents
Random Staff
PREA Coordinator
Provision (a):
An agency shall be exempt from this standard if it does not have administrative
procedures to address resident grievances regarding sexual abuse.
When an emergency grievance is received that contains an allegation of sexual
abuse or sexual harassment, the policy and procedures for reporting allegations of
sexual abuse or sexual harassment are initiated and a report is made as required by
policy. The grievance system does not include a process for the facility staff to
investigate or resolve allegations of sexual abuse or sexual harassment. The
content of the grievance is reported and an investigation is conducted by the Florida
Department of Juvenile Justice/Office of Inspector General, Florida Department of
Children and Families, and/or local law enforcement when the allegation is criminal
in nature.
Provision (b):
(1) The agency shall not impose a time limit on when a resident may submit a
grievance regarding an allegation of sexual abuse.
(2) The agency may apply otherwise-applicable time limits on any portion of a
grievance that does not allege an incident of sexual abuse.
(3) The agency shall not require a resident to use any informal grievance process, or
to otherwise attempt to resolve with staff, an alleged incident of sexual abuse.
(4) Nothing in this section shall restrict the agency’s ability to defend against a
lawsuit filed by a resident on the ground that the applicable statute of limitations
has expired.
Policy provides that there is no time limit for completing a Grievance Form to report
allegations of sexual abuse. Residents are not required to use an informal process or
give the Grievance Form to any staff member regarding allegations of sexual abuse.
Locked boxes are located in the common areas for residents to deposit forms or
notes if they choose. Policy does not restrict the facility’s ability to defend against a
lawsuit filed by a resident on the ground that the applicable statute of limitations
expired.
Provision (c):
The agency shall ensure that—
(1) A resident who alleges sexual abuse may submit a grievance without submitting
it to a staff member who is the subject of the complaint, and
(2) Such grievance is not referred to a staff member who is the subject of the
complaint.
The grievance system does not include investigating allegations of sexual abuse
and sexual harassment. Residents are not required to use an informal process or
give the grievance form, if used to document an allegation of abuse, to any staff
member. The staff member involved in the grievance will not be involved in
reporting the allegation stated in the grievance. To assist in the prompt and proper
handling of the allegation of sexual abuse or sexual harassment, the youth may put
the grievance in the grievance box or give it to staff if they choose.
The resident handbook informs residents to report allegations of abuse or neglect
through the Florida abuse hotline and the contact information is provided and the
resident is informed that they have unhindered access to a telephone to report an
allegation of abuse. The handbook informs residents that, the resident should not
use the informal process regarding a PREA related allegation. The locked boxes are
located in the common areas for depositing forms and notes. The resident handbook
explains the regular grievance system and contains information regarding reporting
allegations of sexual abuse and sexual harassment.
Provision (d):
(1) The agency shall issue a final agency decision on the merits of any portion of a
grievance alleging sexual abuse within 90 days of the initial filing of the grievance.
(2) Computation of the 90-day time period shall not include time consumed by
residents in preparing any administrative appeal.
(3) The agency may claim an extension of time to respond, of up to 70 days, if the
normal time period for response is insufficient to make an appropriate decision. The
agency shall notify the resident in writing of any such extension and provide a date
by which a decision will be made.
(4) At any level of the administrative process, including the final level, if the resident
does not receive a response within the time allotted for reply, including any properly
noticed extension, the resident may consider the absence of a response to be a
denial at that level.
Initial response is required within 48 hours to inform the resident of receipt of the
grievance containing an allegation of sexual abuse and that it has been referred for
investigation. All grievances alleging sexual abuse or sexual harassment will be
referred for an investigation in accordance with policy. The purpose of the
submission of a PREA related grievance provides residents and staff another avenue
for ensuring the reporting of allegations and provides management staff with the
opportunity to protect the resident.
Provision (e):
(1) Third parties, including fellow residents, staff members, family members,
attorneys, and outside advocates, shall be permitted to assist residents in filing
requests for administrative remedies relating to allegations of sexual abuse, and
shall also be permitted to file such requests on behalf of residents.
(2) 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.
(3) If the resident declines to have the request processed on his or her behalf, the
agency shall document the resident’s decision.
(4) A parent or legal guardian of a juvenile shall be allowed to file a grievance
regarding allegations of sexual abuse, including appeals, on behalf of such juvenile.
Such a grievance shall not be conditioned upon the juvenile agreeing to have the
request filed on his or her behalf.
When third-party reports of allegations of sexual abuse or sexual harassment are
received on a grievance form, the policies and procedures for reporting allegations
of sexual abuse or sexual harassment are initiated and a report is made as required
by policy. The grievance system does not include a process for facility staff to
investigate or resolve allegations of sexual abuse or sexual harassment. The
content of the grievance is reported and an investigation will be conducted by the
investigative entity as appropriate.
Provision (f):
(1) The agency shall establish procedures for the filing of an emergency grievance
alleging that a resident is subject to a substantial risk of imminent sexual abuse.
(2) After receiving an emergency grievance alleging a resident is subject to a
substantial risk of imminent sexual abuse, the agency shall 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, shall provide an initial response within 48 hours, and shall issue a final
agency decision within five calendar days. The initial response and final agency
decision shall document the agency’s determination whether the resident is in
substantial risk of imminent sexual abuse and the action taken in response to the
emergency grievance.
Policy provides for emergency grievances to be responded to within 48 hours. The
response is to inform the resident of the receipt of the grievance and the referral for
an investigation when an allegation of sexual abuse or sexual harassment is placed
on a grievance form. If a grievance form alleging sexual abuse is received, it is
reported by staff to the appropriate investigative entity. The response to the
grievance will include measures to ensure safety and also include but not limited to
determining an immediate corrective action that would be implemented within 48
hours where applicable to ensure the safety of the resident.
Provision (g):
The agency may discipline a resident for filing a grievance related to alleged sexual
abuse only where the agency demonstrates that the resident filed the grievance in
bad faith.
A resident may be disciplined when it has been determined that a report alleging
sexual abuse has been made in bad faith. There has not been a grievance
submitted alleging sexual abuse during this audit period.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this standard.
Resident access to outside confidential support services and legal
115.353
representation
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
Posted Information
Draft Memorandum of Understanding (MOU)
Interviews:
Residents
Superintendent/PREA Compliance Manager
Advocacy Agency Representative
Provision (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 interview with the representative from the Nancy J. Cotterman Center (NJCC)
and the Superintendent confirmed the current efforts for the development of a
comprehensive Memorandum of Understanding (MOU). There is correspondence and
meetings have been held to finalize a MOU which is now in draft stage and under
review by management staff at the detention center. The NJCC representative
confirmed the services that will be provided as needed include accompaniment for
the forensic medical examination, interview, and court hearing. There are 24-hour
hotline services, counseling, and information and referrals. Forensic medical
examinations are also conducted at the NJCC by a Nurse Practitioner that is trained
and/or certified as a Sexual Assault Nurse Examiner. The representative provided
that the lack of a formal MOU with the detention center will not interfere with the
provision of services to the residents.
The NJCC provides advocacy services to other facilities within the Florida
Department of Juvenile Justice. It was also revealed that a forensic medical
examination may be conducted at the facility where the resident resides, if the
facility has the adequate medical infrastructure. The NJCC is a certified sexual
assault program, accredited children's advocacy center and child protection team. It
is certified by the Florida Council Against Sexual Violence and accredited by the
National Children's Alliance. The services provided are accessible to all residents
detained or confined in the facility. Services are available in English, Spanish and
Creole. Flyers are posted in the facility that are easy to read and graphic; a flyer is
also posted at the telephones. The calls are free and policy and practice provides
staff must let residents use the telephone upon request and there is guidance to
staff on the provision of privacy by keeping resident within the line of sight but not
within earshot. All staff receive training regarding confidentiality.
Provision (b):
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.
Policy, facility staff interviews and PREA education sessions provide there will be
adherence to confidentiality measures and this information is shared with residents
during PREA education sessions. PREA signage is placed at varying eye levels and
are colorful and graphic with consistent and easily read messages. The interviews
with the residents revealed less than half were not very familiar with the advocacy
services but the questioning revealed they know where to find information on the
walls if they need it. The interviews confirmed the PREA information is always on the
walls. PREA information is located in the housing areas; common areas for staff,
residents, contractors, volunteers, and visitors; lobby; and offices.
Provision (c):
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 interviews with the representative’s and Superintendent and flyers document
the availability of advocacy services including but not limited to emotional support;
accompaniment through the forensic medical examination, investigative interview
and court hearing. The services are activated by an investigation by the Florida
Department of Children and Families or law enforcement and the hotline number is
accessible to the residents.The interview with the representative from the Nancy J.
Cotterman Center (NJCC) and the Superintendent confirmed the current efforts for
the development of a comprehensive Memorandum of Understanding (MOU). There
is correspondence and meetings have been held to finalize a MOU which is now in
draft stage and under review by management staff at the detention center. The
NJCC representative confirmed the services that will be provided as needed include
accompaniment for the forensic medical examination, interview, and court hearing.
There are 24-hour hotline services, counseling, and information and referrals.
Forensic medical examinations are also conducted at the NJCC by a Nurse
Practitioner that is trained and/or certified as a Sexual Assault Nurse Examiner. The
representative provided that the lack of a formal MOU with the detention center will
not interfere with the provision of services to the residents.
Provision (d):
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 residents have reasonable and confidential access to attorneys and court
workers and reasonable access to their parents/legal guardians which is supported
by policy, resident handbook, and resident interviews. During the comprehensive
site review, the Auditor observed areas of visitation for parents/guardians and
private areas for attorneys, court workers, child welfare workers, etc. All residents
interviewed confirmed communication opportunities occur. All visitors must sign in
upon entry into the facility and document the reason for the visit.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility meets this standard.
115.354 Third-party reporting
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Third Party Reporting Information Sheet
Agency Website
Multilingual Posters
Multilingual Pamphlets
Interviews:
Random Staff
Residents
Provision (a):
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 Florida Department of Juvenile Justice's website provides the public with
information regarding third-party reporting and the contact information for such of
sexual abuse or sexual harassment. Resident interviews revealed their awareness of
reporting sexual abuse or sexual harassment to others they have contact with
outside of the facility including their parents/legal guardians.
The agency policy addresses third-party reporting and interviews revealed random
staff members are aware third-party reporting of sexual abuse and sexual
harassment can be done and stated they will be accepted, reported, and
subsequently investigated. Staff members also stated they are to immediately
document all verbal reports received. The interviews revealed reports of allegations
may be made privately, anonymously, and as a third-party through the use of the
abuse reporting hotline, contact with facility or agency staff, and/or completion of a
PREA or other help request form maintained in the facility.
All residents interviewed stated they knew someone who did not work at the facility
they could report to regarding allegations of sexual abuse and that person could
make a report for them. The interviews with the residents revealed their knowledge
of third-party reporting. The residents identified the methods within the facility in
which they may make third party reports such as complete an emergency grievance
or other help request form, report to staff or a family member, or utilize the abuse
reporting hotline telephone or number.
Plenty of information regarding reporting is provided through observed postings and
other printed materials are located in various areas of the facility accessible to
visitors, residents, staff, contractors and volunteers. The posted information is
posted at varying eye-levels with a consistent message which is easy to read.
Information is printed in English and Spanish. The third-party reporting information
sheet is also maintained in the lobby of the facility and available to staff and others
who may enter the facility. There were no third- party reports received during this
audit period.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is in compliance with the standard.
115.361 Staff and agency reporting duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), PREA
Florida Administrative Code, Rule 63F-11
Florida Statute Chapter 39
Investigation Report
Interviews:
Random Staff
Superintendent/PREA Compliance Manager
Mental Health Staff
Medical Staff
Provisions (a) & (b):
(a): 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. (b): The agency shall also require all staff
to comply with any applicable mandatory child abuse reporting laws.
The Administrative Code and policy support that all staff report any knowledge,
suspicion, information, or receipt of information regarding an incident or allegation
of sexual abuse, sexual harassment or incidents of retaliation. Staff members are
deemed as mandated reporters by the State. Trained agency investigators conduct
administrative investigations and allegations that are criminal in nature are
investigated by trained law enforcement investigators. The facility management
staff and agency policies provide guidance to staff on reporting allegations of sexual
abuse and sexual harassment and the duties of the first responder.
Provision (c):
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.
Policies collectively address confidentiality of information and the conditions for
providing information. Once allegations have been appropriately reported, staff will
keep the information confidential regarding what was reported except when
necessary for the investigation and treatment and management decisions.
Provision (d):
(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 clinical staff interviewed indicated 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 members are also mandated reporters and required by the
State to report allegations received regarding sexual abuse and sexual harassment,
in accordance with policy and State requirements. A dedicated form may be used or
the practice may be documented in the nurse's notes or mental health case notes.
Provision (e):
(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.
Reports of allegations are made as soon as possible to the investigative entities,
including the Florida Department of Juvenile Justice (DJJ), Central Communications
Center, and parents/legal guardians. Policy and interview with the Superintendent/
PREA Compliance Manager confirmed that a resident’s caseworker rather than a
parent will be notified where indicated by the resident being under the guardianship
of the Florida Department of Children and Families.
The resident’s attorney will be notified of an allegation of sexual abuse within 14
days, where applicable and accordance with policy. Timelines and directions to staff
for reporting allegations are provided in policy. There has been one allegation of
resident-on-resident sexual abuse in the past 12 months. The allegation received an
administrative investigation and was closed as Information Only by the agency
investigator and closed with No Services Recommended by the Department of
Families and Children. Law enforcement was contacted and there were no charges/
arrests.
Provision (f):
The facility shall report all allegations of sexual abuse and sexual harassment,
including third-party and anonymous reports, to the facility’s designated
investigators.
Policy and interviews provide for all allegations to be reported and include the Office
of the Inspector General (OIG) through the Central Communications Center.
Administrative investigations are conducted by a DJJ/OIG Investigator. Sexual abuse
and sexual harassment allegations that are criminal in nature are referred for
investigation to law enforcement. Third-party and anonymous reports received must
be reported and documented by staff as confirmed through interviews with random
staff. The interviews confirmed all allegations are reported to the DJJ Central
Communications Center, Florida Department of Children and Families, and to law
enforcement when the allegation is criminal in nature.
Conclusion:
The review of evidence and interviews indicate the facility is compliant with this
standard.
115.362 Agency protection duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures 3.09 PREA
Screening for Vulnerability, Victimization and Sexually Aggressive Behavior (VSAB)
Interviews:
Superintendent/PREA Compliance Manager
Random Staff
Agency Head Designee
Provision (a):
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 staff is required to protect the residents through implementing protective
measures. Administration of the risk screening instrument provides information that
assists and guide staff in keeping residents safe through housing and program
assignments. Additional assessment instruments provide information which offer
supporting information in determining the risk level of each resident. The interviews
revealed protective measures include but are not limited to separating youth, one-
on-one supervision, and contacting administrators and supervisors.
The expectation is that any action to protect a resident will be taken immediately as
deemed from interviews. During the intake process, residents are asked about how
they feel about their safety as part of the inquiries by staff completing or reviewing
the primary sexual safety instrument, VSAB. Agency policy addresses this standard
and provides that when the facility learns that a resident is subject to substantial
risk of imminent sexual abuse, it takes immediate action to protect the resident. No
resident was identified to be at substantial risk of imminent sexual abuse in the past
12 months.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.363 Reporting to other confinement facilities
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Interviews:
Superintendent
Agency Head Designee
Provisions (a), (b), (c), & (d):
(a): 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.
Agency policy requires the Superintendent to notify the head of another facility
within 72 hours upon receiving an allegation a resident was sexually abused while
confined at another facility. If any allegation is made, the notifications and
documentation of the notifications will be made according to facility policy which is
aligned with the standard. During the past 12 months, there were no allegations
received that a resident was abused while confined to another facility.
Conclusion:
Based upon the information received and interviews, the Auditor determined the
facility is compliant with this standard.
115.364 Staff first responder duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Coordinated Response Plan
Investigation Report
Interviews:
Random Staff
Provision (a):
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.
Agency policy and the facility's Coordinated Response Plan provide that upon
learning of an allegation that a resident was sexually abused, the first security-level
staff member to respond to the report shall be required to:
a. Separate the alleged victim and abuser;
b. Preserve and protect any crime scene until appropriate steps can be taken to
collect any evidence;
c. 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.
The interviews with staff confirmed awareness of first responder duties and the
training they have been provided. There has been one allegation of resident-on-
resident sexual abuse in the past 12 months. The allegation received an
administrative investigation and was closed as Information Only by the agency
investigator and closed with No Services Recommended by the Department of
Families and Children. Law enforcement was contacted and there were no charges/
arrests. The circumstances did not require first responder interventions.
Provision (b):
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.
Random conversations with non-security and security staff revealed considerable
knowledge of actions to be taken upon learning a resident alleges being sexually
abused.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.365 Coordinated response
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), PREA
Coordinated Response Plan
Interviews:
Random Staff
Superintendent
Provision (a):
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 Coordinated Response Plan is to be implemented in the event of an allegation
or incident of sexual abuse and it outlines the actions of the identified staff
members. The Plan’s format identifies each step and roles such as the first
responder; supervisors; medical, mental health, and management staff; and when
to contact such. Policy provides guidance to staff regarding the actions to take when
there is an alleged incident of sexual abuse. Staff members interviewed were
familiar with their role regarding the response to an allegation of sexual abuse.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with the standard.
Preservation of ability to protect residents from contact with
115.366
abusers
Auditor Overall Determination: Meets Standard
Auditor Discussion
Document:
Master Contract, State of FL and the FL Public Employees Council 79, AFL-CIO
Interviews:
PREA Coordinator
Provisions (a) & (b):
(a): 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 agreements that limits the agency’s ability to
remove alleged staff sexual abusers form contact with residents pending the
outcome of an investigation or of a determination of whether and to what extent
discipline is warranted. (b): Nothing is this standard shall restrict the entering into
on renewal of agreements that govern: (1) The conduct of the disciplinary process,
at long as such agreements are not inconsistent with the provisions of §115.372 and
§115.376; or (2) Whether a no-contact assignment that is imposed pending the
outcome of an investigation shall be expunged from or retained in the staff
member’s personnel file following a determination that the allegation of sexual
abuse is not substantiated.
The Master Contract does not limit the agency's ability to remove accused staff from
contact with a resident pending the outcome of an investigation. Nothing in this
standard restricts the renewal of agreements that govern the disciplinary process or
whether such is expunged or retained in the personnel file due to findings of
unsubstantiated for sexual abuse.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.367 Agency protection against retaliation
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
Retaliation Monitoring Form
Interviews:
Staff Member Charged with Monitoring Retaliation
Superintendent
Agency Head Designee
Provision (a):
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.
Policy supports protecting 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. One of the Assistant Superintendents
has been designated as responsible for conducting and ensuring retaliation
monitoring occurs. The agency's Retaliation Monitoring (PREA) form was developed
to document monitoring activities. The retaliation monitor is familiar with the role
and its purpose. The form documents whether the individual has been threatened or
been treated unfairly. It also provides for the review of schedule changes, call outs,
facility transfers; disciplinary reports; and housing/bed changes in an effort to
determine if retaliation is occurring.
Provision (b):
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 that fear retaliation for reporting sexual abuse or sexual harassment or for
cooperating with investigations.
Protective measures are implemented with the goal of safety for the residents and
staff, according to the interview with the retaliation monitor. Protection measures
include housing changes for resident victims or abusers; removing alleged staff or
resident abusers from contact with victims which may involve transfer to another
facility; separation through housing changes. The retaliation monitoring ensures
safe feelings and identifies whether retaliation is occurring. The interviews
confirmed the measures to detect and protect staff and residents from retaliation by
others.
Provision (c):
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.
Policy provides that the monitoring will occur for at least 90 days to see if there are
any changes that may suggest possible retaliation is occurring. The monitoring
period may last for at least 90 days or longer, according to the retaliation monitor.
Items monitored to assess if retaliation is occurring include but are not limited to
observations of residents' interactions with each other and staff and residents'
interactions, and mood changes.
Provision (d):
In the case of residents, such monitoring shall also include periodic status checks.
Policy and the interview with the retaliation monitor indicate that status checks are
included as a part of retaliation monitoring activities. The dedicated monitoring form
and the interview revealed that initial contact will be made and documented and
follow-up checks are conducted and documented.
Provision (e):
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 encompasses those who cooperate with an investigation if there is a concern
regarding retaliation. The interviews were aligned with policy indicating the
appropriate measures would be taken to protect any related individuals against
retaliation.
Provision (f):
An agency’s obligation to monitor shall terminate if the agency determines that the
allegation is unfounded.
The obligation to monitor for retaliation terminates if it is determined the allegation
is unfounded. The interview determined familiarity with the requirements regarding
retaliation monitoring.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.368 Post-allegation protective custody
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interviews:
Superintendent
Mental Health Staff
Medical Staff
Provision (a):
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.
Agency policy requires residents may only be restricted to his/her single room as a
last measure to keep a resident who alleged sexual abuse safe and then only until
an alternative means for keeping the resident safe can be arranged. No residents
have alleged sexual abuse in the past 12 months. The policy 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 resident must have access to daily large muscle
activities and legally required educational programming or special education
services. FOP further provides for daily visits by mental health and medical
personnel. Residents shall also have access to other programs and work
opportunities to the extent possible. Isolation or segregated housing has not been
used to protect a resident who alleged sexual abuse. The clinical staff confirmed in
such case where protective custody may be used, the resident will be visited at
least daily by mental health and medical.
Conclusion:
Based upon the review and analysis of Policy, interviews and observations, the
Auditor has determined the facility is compliant with this standard.
115.371 Criminal and administrative agency investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
PREA Compliance Form
Investigation Report
Interviews:
Superintendent/PREA Compliance Manager
PREA Coordinator
Random Staff
Investigative Staff
Provision (a):
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 administrative investigations are conducted by the investigators with the
Florida Department of Juvenile Justice (DJJ), Office of the Inspector General (OIG).
Based on the written institutional plan, policies and interviews, trained investigators
conduct administrative investigations as prescribed by agency policy. Allegations
that are criminal in nature are referred to local law enforcement and the Florida
Department of Children and Families. Investigations are conducted thoroughly and
objectively and the agency policy provides for the training of investigators.
Allegations received by a third-party and anonymous reports will be reported and
investigated in accordance with the investigation policy. There has been one
allegation of resident-on-resident sexual abuse in the past 12 months. The
allegation received an administrative investigation and was closed as Information
Only by the agency investigator and closed with No Services Recommended by the
child welfare agency. Law enforcement was contacted and there were no charges/
arrests.
Provisions (b) & (c):
(b): 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. (c): 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 DJJ investigators are trained through the OIG as documented on the investigator
training log and a previous interview with investigative staff. The investigator
gathers direct and circumstantial evidence that includes but is not limited to
reviewing video; gathering witness statements; listening to any related telephone
calls; and reviewing logs. The law enforcement investigator and/or qualified medical
practitioner are responsible for collecting direct physical and DNA evidence. The
facility staff and DJJ investigators are trained on how to assist in preserving
evidence. The agency, DJJ, provides each facility with the PREA Compliance Form
which is provided to law enforcement investigators referencing the PREA standards
regarding conducting investigations in accordance with the standards. The DJJ
investigators follow the OIG guidelines governing PREA related investigations, in
accordance with policy.
Provision (d):
The agency shall not terminate an investigation solely because the source of the
allegation recants the allegation.
The interviews and policy confirm the provision that an investigation is not
terminated if the source recants an allegation of sexual abuse or sexual
harassment. The investigation regarding the allegation of sexual abuse
demonstrates how an investigation is continued until the end and findings are
determined.
Provision (e):
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.
The DJJ agency investigators do not conduct compelled interviews.
Provision (f):
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 credibility of an alleged victim, suspect, or witness is assessed on an individual
basis and is not determined by the person’s status as a resident or staff as
supported by the interviews of the administrators and a previous interview with an
investigator, training, and in accordance with policy. No resident who alleges sexual
abuse will be subjected to a polygraph examination or other truth telling device as a
condition for proceeding with the investigation of the allegation.
Provisions (g) & (h):
(g): Administrative investigations:
(1) Shall include an effort to determine whether staff actions or failures to act
contributed to the abuse.
(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.
(h): 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 interviews revealed that investigations regarding sexual abuse include an effort
to determine whether staff actions or failures to act contributed to the abuse. All
investigations are completed with written reports that include a description of the
evidence and investigative facts and findings as gleaned from review of
investigation reports completed by agency investigators and a previous interview
with and agency investigator.
Provision (i):
Substantiated allegations of conduct that appears to be criminal shall be referred for
prosecution.
The DJJ agency investigators do not conduct criminal investigations. It is the
responsibility of local law enforcement personnel to refer cases for prosecution.
Provision (j):
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 written investigative reports will be maintained at the central office level for as
long as the alleged abuser is incarcerated or employed by the agency, plus five
years as stated in agency policy. Reports and secondary information is stored
securely and locked. The agency has a virtual private network and the information is
password protected.
Provision (k):
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.
A previous interview with an investigator and the interviews with the administrators
confirmed that upon the start of an investigation, it will not end until the
investigation has been completed. The departure of the alleged abuser or victim
from the employment or control of the facility will not terminate the investigation.
Provision (l):
Any State entity or Department of Justice component that conducts such
investigations shall do so pursuant to the above requirements.
The investigative agencies are aware of the PREA standards requirements through
the initial sharing of PREA information, PREA Compliance Form, and subsequent
interactions.
Provision (m):
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.
The policy and interviews indicate that staff cooperate with investigators and that
the agency/facility is kept informed of the progress of an investigation. The
Superintendent/PREA Compliance Manager maintains contact with the investigator
from the appropriate investigative entity and also remains informed through the
statewide PREA Coordinator.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this standard.
115.372 Evidentiary standard for administrative investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Interviews:
Superintendent/PREA Compliance Manager
Investigative Staff
Provision (a):
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.
Agency policy and the interviews, including a previous interview with investigative
staff, supports that the agency shall impose no standard higher than a
preponderance of the evidence in determining whether allegations of misconduct
are substantiated.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.373 Reporting to residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Notification Letter
Interviews:
Superintendent/PREA Compliance Manager
Provision (a):
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.
Agency policy requires at the conclusion of any law enforcement investigation into
sexual abuse, the victim or the victim’s parent(s) or legal guardian(s) shall be
notified the investigation has concluded. The resident is informed of the
investigative findings following an allegation. A letter of notification documents the
discussion with the resident. The letter also includes the identification of the
investigative entity.
Provision (b):
If the agency did not conduct the investigation, it shall request the relevant
information from the investigative agency in order to inform the resident.
The Superintendent remains abreast of an investigation conducted by law
enforcement or the Department of Juvenile Justice/Office of Inspector General
investigator and will be provided a copy of completed investigations. The
Superintendent also has contact with law enforcement regarding a PREA-related
investigation. The results of the investigation are shared with the resident verbally
by the Superintendent and are documented.
Provision (c):
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.
Policy requires that following a resident’s allegation that a staff member committed
sexual abuse against the resident, the resident will be informed, in writing, of the
following, unless it has been determined that the allegation is unfounded,
whenever:
a. The staff member is no longer posted within the resident’s housing unit;
b. The staff member is no longer employed at the facility;
c. The staff member has been indicted on a charge related to sexual abuse in the
facility; and/or
d. The staff member has been convicted on a charge related to sexual abuse in the
facility.
Provision (d):
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.
Policy provides that following a resident’s allegation that she has been sexually
abused by another resident the alleged victim shall be informed, in writing,
whenever:
a. The alleged abuser is criminally charged related to the sexual abuse.
b. The alleged abuser is adjudicated on a charge related to sexual abuse within the
facility.
There has been one allegation of resident-on-resident sexual abuse in the past 12
months. The allegation received an administrative investigation and was closed as
Information Only by the agency investigator and closed with No Services
Recommended by the child welfare agency. Law enforcement was contacted and
there were no charges/arrests.
Provision (e):
All such notifications or attempted notifications shall be documented.
Policy provides that the notifications to the resident be documented and be made
by the Superintendent. There is familiarity and practice with the requirement of the
policy. There has been one allegation of resident-on-resident sexual abuse in the
past 12 months. The allegation received an administrative investigation and was
closed as Information Only by the agency investigator and closed with No Services
Recommended by the child welfare agency. Law enforcement was contacted and
there were no charges/arrests.
Provision (f):
An agency’s obligation to report under this standard shall terminate if the resident is
released from the agency’s custody.
The agency’s obligation to report under this standard terminates if the resident is
released from the agency’s custody. All notifications or attempted notifications are
documented in accordance with agency policy.
Conclusion:
The interview and review of policy and other documentation confirmed the facility is
compliant with this standard.
115.376 Disciplinary sanctions for staff
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, Prison Rape Elimination Act (PREA)
Facility Operating Procedures 3.09, PREA
Employee Handbook
Interview:
Superintendent
Provision (a):
Staff shall be subject to disciplinary sanctions up to and including termination for
violating agency sexual abuse or sexual harassment policies.
The policy and procedures require staff disciplinary sanctions up to and including
termination for violating the facility’s sexual abuse or sexual harassment policies.
Policy mandates the violation be reported to law enforcement and states
termination shall be the presumptive disciplinary sanction for staff who engaged in
sexual abuse. No employees were terminated or disciplined in the past 12 months
for violation of the facility’s sexual abuse or sexual harassment policies.
Provision (b):
Termination shall be the presumptive disciplinary sanction for staff who have
engaged in sexual abuse.
The policy and procedures state that termination shall be the presumptive
disciplinary sanction for staff who has engaged in sexual abuse with a resident as
confirmed by the Superintendent.
Provision (c):
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.
FDJJ Policy 1919 and the facility operating procedures provide that disciplinary
sanctions for violations 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.
Provision (d):
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 provides that terminations for violations of the facility’s sexual abuse or
sexual harassment policies, or staff resignations related to violations of such
policies, shall be reported to law enforcement, unless the activity is clearly not
criminal. In addition, violations shall be reported to relevant licensing bodies. There
were no allegations of sexual abuse or sexual harassment during this audit period.
Conclusion:
Based upon the review of policy and procedures and the interview, the Auditor
determined the facility is compliant with this standard.
115.377 Corrective action for contractors and volunteers
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, Prison Rape Elimination Act (PREA)
Facility Operating Procedures 3.09, PREA
Interview:
Superintendent
Provision (a):
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.
Policy requires any contractor or volunteer who engages in sexual abuse be
prohibited from contact with residents. It is also required that contractors and
volunteers who engage in sexual abuse be reported to law enforcement and to
relevant licensing bodies. During the past 12 months, there were no allegations of
sexual abuse or sexual harassment regarding contractors or volunteers. The
contractors have been provided a clear understanding that sexual misconduct with
a resident is strictly prohibited and is a serious breach of conduct. The contractors
and volunteers participate in PREA training and are aware of the agency's zero-
tolerance policy.
Provision (b):
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.
Policy and the the Superintendent provide that appropriate remedial measures will
be taken and consider whether to prohibit further contact with residents in the case
of any other violation of the sexual abuse and sexual harassment policies by a
contractor or volunteer.
Conclusion:
Based upon the review and analysis of the available documentation, the Auditor has
determined the facility is in compliant with this standard regarding corrective action
for contractors and volunteers.
115.378 Interventions and disciplinary sanctions for residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Interview:
Superintendent
Provision (a):
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.
Policy and procedures require an administrative process for dealing with violations
of resident-on-resident sexual abuse. The Superintendent’s interview confirms the
formal disciplinary process; however, allegations may also be referred to law
enforcement for charges regarding resident-on-resident sexual abuse. Sexual
activity between residents is prohibited and court or administrative processes and
sanctions occur after determination the sexual activity was coerced. Residents will
be disciplined for sexual contact with staff only when it has been determined the
staff member did not consent to the sexual contact.
Provision (b):
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.
Policy provides that disciplinary sanctions are commensurate with the nature and
circumstances of the rule violation, the resident’s disciplinary history, and the
sanctions imposed for comparable offenses by other residents with similar histories.
In the extreme event a disciplinary sanction results in the isolation of a resident,
the resident will not be denied daily large-muscle exercise or access to any legally
required educational programming or special education services. Policy further
provides for daily visits by mental health and medical personnel. Residents shall
also have access to other programs and work opportunities to the extent possible
and receive daily visits from medical and mental health staff.
Provision (c):
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.
Policy 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 Superintendent. There were no allegations of sexual abuse or
sexual harassment during this audit period.
Provision (d):
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.
Policy provides the facility considers whether to offer the offending resident therapy,
counseling, or other interventions designed to address and correct underlying
reasons or motivations for the abuse participation. The facility will not require
participation in such interventions as a condition of access to privileges or as a
condition to access general programming or education.
Provision (e):
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.
Policy provides the facility may discipline a resident for sexual contact with staff
only upon finding that the staff member did not consent to such contact. There have
not been an allegation of sexual abuse or sexual harassment during this audit
period.
Provision (f):
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.
Policy provides that 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.
Provision (g):
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.
All sexual conduct between residents is prohibited. All such conduct is subject to
disciplinary action for a rule violation. Court processes occur after determination the
sexual activity was coerced.
Conclusion:
Based upon the review and analysis of the available documentation, the Auditor
determined the facility is compliant with this standard.
115.381 Medical and mental health screenings; history of sexual abuse
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Sick Call/Referral Log
Interviews:
Staff Responsible for Risk Screening
Medical Staff
Mental Health Staff
Provisions (a) & (b):
Provision (a): 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. Provision (b): 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.
Policy and procedures require a follow-up meeting with a medical or mental health
practitioner within 14 days when a resident discloses any prior incidents of sexual
abuse whether victim or perpetrator. Interviews with the medical and mental health
staff and a review of documentation revealed residents are generally seen by
medical and mental health staff on the same day of admission as part of the intake
process. The policies verify information related to sexual victimization or
abusiveness which occurred in an institutional setting is limited to those staff where
it is based on their need to know to make the appropriate management and security
decisions.
Interviews with the medical and mental health staff and observations revealed
documentation of the services provided to each resident is maintained in medical
and clinical files. Medical and mental health staff discussed their knowledge of
informed consent, in accordance with policy. The facility utilizes a consent form
regarding treatment services for residents 18 years old and up. This information was
also confirmed through the interview with the Intake Staff.
Provision (c):
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.
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 Auditor
observed the resident files maintained in a secure manner. The files are secured in
locked cabinets behind a locked door.
Provision (d):
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.
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. The
Informed Consent document or case notes confirm this type of situation and how it
will be handled.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has
determined the facility is compliant with this standard.
115.382 Access to emergency medical and mental health services
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Samples of Acknowledgement of PREA Education
Correspondence Re: Victim Advocacy Services
Interviews:
Medical Staff
Mental Health Staff
Superintendent
Provision (a):
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.
Agency Policy mandates 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.
Processes and services are in place for a victim to receive timely access to sexually
transmitted infections prophylaxis, where medically appropriate. 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 treatment services will be
provided at no cost to the victim, whether or not the victim cooperates with the
investigation. There has been one allegation of resident-on-resident sexual abuse in
the past 12 months. The allegation received an administrative investigation and was
closed as Information Only by the agency investigator and closed with No Services
Recommended by the child welfare agency. Law enforcement was contacted and
there were no charges/arrests.
Residents are provided access to an outside victim advocacy agency from the Nancy
J. Cotterman Center, an accredited children's advocacy center. A formal MOU is in
the process of being developed. However, the lack of a formal document will not
hinder the provision of services to residents at the facility as confirmed by the
advocacy agency representative and Superintendent. Services include but are not
limited to emotional support and accompaniment through the forensic examination
and investigative interview. The advocate will go to the facility or the hospital to
provide services. Review of medical files shows that medical and mental health staff
members maintain secondary materials and documentation of resident encounters.
There have been no forensic medical examinations during this audit period.
Provision (b):
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 and observations revealed residents have
unimpeded access to emergency services. The policy, procedures, and coordinated
response plan provide 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. Medical staff is on-call 24/7. Review of
the coordinated response plan; observations of the interactions among residents,
medical and mental health practitioners; and staff interviews indicated unimpeded
medical and crisis intervention services will be available to a victim of sexual
abuse.
Provision (c):
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.
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, including counseling, medication management, and crisis
assessments will be provided by the facility’s medical and mental health staff,
according to the interviews with clinical staff. The facility houses females and males
and follow-up services include but are not limited to continuity of care; follow-up
treatment from the discharge summary; crisis assessment/development of a
treatment plan; and recommendations of any treatment upon release.
Provision (d):
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.
Agency policy provides 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.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
Ongoing medical and mental health care for sexual abuse victims
115.383
and abusers
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09 PREA
Interviews:
Medical Staff
Mental Health Staff
Provision (a):
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.
Policy and procedures require mental health evaluation and treatment, as
determined by medical/mental health staff, be offered to residents who disclose
prior sexual victimization or perpetrated sexual abuse during intake screening.
Treatment services are provided at no cost to residents. There have been no sexual
assault victims that disclosed in the past 12 months; however, if needed,
procedures are in place as verified during staff interviews.
Agency policy requires that a medical and mental health evaluation and treatment
be offered to resident victims of sexual abuse. Medical and mental health
evaluations and treatment will be offered to all residents who have been victimized
by sexual abuse. The continuity of treatment may be provided at the facility and will
include but not be limited to follow-up assessments, counseling, medication
management if needed, and referrals and outside clinical appointments if needed.
Provision (b):
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 random staff interviews indicated protective measures will be taken
immediately when needed and includes separating residents, closer supervision,
and notifying supervisors and administrators. There were not any residents
identified as at-risk of sexual victimization during this audit period. Policy exists if
the situation should ever occur.
Provision (c):
The facility shall provide such victims with medical and mental health services
consistent with the community level of care.
The interviews, secondary documentation, and observations confirm the community
level of care exists and will be provided. There have been no allegations of sexual
abuse during this audit period.
Provision (d):
Resident victims of sexually abusive vaginal penetration while incarcerated shall be
offered pregnancy tests.
Female victims will be informed and offered pregnancy tests in conjunction with the
forensic medical examination and follow-up medical services at the facility.
Provision (e):
If pregnancy results from conduct specified 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.
Staff interviews and observations revealed such victims will receive time and
comprehensive information about and timely access to all lawful pregnancy-related
medical services.
Provision (f):
Resident victims of sexual abuse while incarcerated shall be offered tests for
sexually transmitted infections as medically appropriate.
Policy and interviews ensure that victims of sexual abuse will be provided tests for
sexually transmitted infections as medically appropriate. Testing will be done as a
part of the medical forensic examination and follow-up services may be done at the
facility, as needed.
Provision (g):
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.
All treatment services will be provided at no cost to the victim, according to agency
policy and staff interviews.
Provision (h):
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.
Policy provides for attempts to be made for a mental health practitioner 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.
Conclusion:
Based upon the review and analysis of the documentation, the Auditor determined
the facility is compliant with this standard.
115.386 Sexual abuse incident reviews
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Facility Policy 10-25
Agency Policy FDJJ 1919
Investigation Report
Incident Review Team Meeting Minutes
Interviews:
Incident Review Team Member
Superintendent/PREA Compliance Manager
Provision (a):
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 is required to conduct a sexual abuse incident review at the conclusion
of an investigation, unless the allegation was unfounded. The interviews reflected
an understanding of the role of the incident review team. A review of policies,
documentation and interviews confirmed incident reviews are conducted regarding
the investigation of an allegation of sexual abuse, unless unfounded and in
accordance with the policy and standard. The statewide PREA Coordinator facilitates
the incident review team meetings. There was one incident review team meeting
during this audit period. There was one allegation of resident-on-resident sexual
abuse in the past 12 months. The allegation received an administrative
investigation and was closed as Information Only by the agency investigator and
closed with No Services Recommended by the child welfare agency, Department of
Children and Families. Law enforcement was contacted and there were no charges/
arrests.
Provision (b):
Such review shall ordinarily occur within 30 days of the conclusion of the
investigation.
Policy requires that the review occurs within 30 days of the conclusion of the
investigation. The interviews and documentation confirmed incident reviews will
occur. The interviews revealed knowledge of the purpose of the incident review
process and the timeline. There were no substantiated or unsubstantiated
allegations of sexual abuse during this audit period; however, there was one
allegation closed as Information Only and an incident review team meeting was
conducted and documented.
Provision (c):
The incident review team shall include upper-level management officials, with input
from line supervisors, investigators, and medical or mental health practitioners.
Policy and interviews collectively identify members of the incident review team. The
statewide PREA Coordinator facilitates the incident review team meeting. Members
of the team are identified, in accordance with policy, to include management staff,
mental health, medical and there will also be input from line supervisors and other
staff as needed. The Department of Juvenile Justice/Office of Inspector General
investigator may also participate in the incident review. The additional staff
members will attend the meeting as needed, related to the incident.
Provision (d):
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.
Policy and interviews collectively outline the requirements of the standard for the
areas to be assessed by the incident review team. The interviews and review of
policy confirmed the incident review team is charged with considering the factors
identified in this standard provision regarding the results of the investigation. The
incident review process is documented and is facilitated by the DJJ statewide PREA
Coordinator. The written report also includes any recommendations for
improvement confirmed by the agency's documented practice. The report is
prepared by the PREA Coordinator and is provided to the Superintendent and
regional staff.
Provision (e):
The facility shall implement the recommendations for improvement, or shall
document its reasons for not doing so.
Policy indicates the reasons for not following recommendations are documented.
The interviews revealed familiarity with policy requirements. The incident review
process allows for the assessment of the circumstances surrounding the incident. A
format for documenting the incident review process has been developed by the DJJ
statewide PREA Coordinator and includes recommendations where indicated as
determined from a review of documentation of reports from other facilities.
Conclusion:
Based upon the review of policy and other documentation and interviews, the
Auditor determined the facility is compliant with this standard.
115.387 Data collection
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Agency Policy (FDJJ 2020), Incident Operations Center and Incident Reviews
Florida Administrative Code 63F-11, Central Communications Center
PREA Data Report
Interviews:
Superintendent/PREA Compliance Manager
PREA Coordinator
Provisions (a) & (c):
The agency shall collect accurate, uniform data for every allegation of sexual abuse
at facilities under its direct control using a standardized instrument and set of
definitions. 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 agency uses a standardized instrument and definitions to collect accurate,
uniform data for every allegation of sexual assault. The instrument includes the
data necessary to answer all questions from the most recent version of the Survey
of Sexual Violence (Survey of Sexual Victimization) conducted by the Department of
Justice. FDJJ Policy 1919 requires the collection of data for every allegation of sexual
misconduct which occurs in its Sate-operated regional juvenile detention centers
and its contracted residential facilities.
Provision (b):
The agency shall aggregate the incident-based sexual abuse data at least annually.
The review of the data gathering instrument and other documents confirm the
facility collects incident-based, uniform data regarding allegations of sexual abuse
and sexual harassment. A standardized instrument and specific guidelines and
definitions are used to assist in identifying and interpreting the data which
contributes too the annual PREA report..
Provision (d):
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 directives; the agency aggregates the data which culminates into an
annual report. There was one allegation of resident-on-resident sexual abuse which
received an administrative investigation and was closed as Information Only; the
case was also closed by the Department of Children and Families with no charges
being pursued and no other actions taken. There were no allegations of sexual
harassment during this audit period.
Provision (e):
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 document for the data collection includes data from all State-run and contract
facilities.
Provision (f):
Upon request, the agency shall provide all such data from the previous calendar
year to the Department of Justice no later than June 30.
Policy provides that upon request, the facility 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.
Conclusion:
Based upon the review and analysis of the documentation, the Auditor determined
the facility is compliant with this standard.
115.388 Data review for corrective action
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Annual Report
Interviews:
PREA Compliance Manager
PREA Coordinator/Agency Head Designee
Provision (a):
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 this agency as a whole.
The interviews support the review of data and that it is used to improve the PREA
practices. The interviews and review of documentation revealed the collection of
various types of data, including PREA related information. Data is reviewed to
assess and improve the effectiveness of prevention, detection and response within
the agency as well as individual facilities. The data is also primary to preparing
annual reports.
Provisions (b)-(d):
(b): 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. (c): 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. (d): 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.
The annual report is prepared by the statewide PREA Coordinator for the agency
and includes data from all State-run and contract facilities within the agency. The
annual reports are approved by the agency head/designee. There are no personal
identifiers in the report. The annual report contains PREA related data that
represents previous calendar years allowing for the comparison of data. The
overarching annual report for the agency is posted on the agency’s website,
accessible to the public.
Conclusion:
Based upon the review and analysis of the documentation, the Auditor determined
the agency is compliant with this standard.
115.389 Data storage, publication, and destruction
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy (FDJJ 1919), Prison Rape Elimination Act (PREA)
Facility Operating Procedures (FOP) 3.09, PREA
Annual Report
Interviews:
Superintendent/PREA Compliance Manager
PREA Coordinator
Provisions (a)-(d):
(a): The agency shall ensure that data collected pursuant to §115.387 are securely
retained. (b): 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. (c): Before making aggregated sexual abuse data
publicly available, the agency shall remove all personal identifiers. (d): The agency
shall maintain sexual abuse data collected pursuant to §115.387 for at least 10
years after the date of its initial collection unless Federal, State, or local law requires
otherwise.
All data collected is securely stored and maintained for at least 10 years after the
date of collection unless a law requires otherwise, in accordance with agency policy.
Personal identifiers are removed from aggregated data before making the data
publicly available. The annual report is available to the public through the DJJ
agency website. A review of the annual report verified there are no personal
identifiers. All facility and agency records such as medical, mental health,
allegations, risk screenings are securely stored in locked cabinets behind locked
doors within the facility's key control system through assigned and documented
keys. Electronic records are password protected with identified and limited access
on the agency's customized website.
Conclusion:
Based upon the review and analysis of the documentation, interviews and
observations, the Auditor determined the facility is compliant with this standard.
115.401 Frequency and scope of audits
Auditor Overall Determination: Meets Standard
Auditor Discussion
The Florida Department of Juvenile Justice has ensured the State-run and contract
facilities have been audited as evidenced by the final audit reports posted on the
agency’s website, ongoing communication with the statewide PREA Coordinator,
and the PREA audit schedules. The Auditor was provided complete access to the
facility and observed all areas of the building and relevant documents were
provided initially in the online audit system and subsequently upon request. The
staff was very responsive in providing specific requested documents during the
onsite and post audit phases. The facility made space available for all interviews to
be conducted in private.
The audit notices announcing the audit were posted containing information
regarding how to send confidential information to the Auditor. The notices were
posted in common and public areas accessible to all readers. Contact information
for the Auditor is contained in the posted audit notice; the reader is informed to
contact the Auditor regarding any PREA issues and that the reporting will be
confidential unless the information requires disclosure. The facility has a process in
place for confidential correspondence for the residents however no correspondence
was received by the Auditor from residents, staff, or other stakeholders.
During the comprehensive site review, posted PREA information was observed in
various areas including intake and living units. The posted and other printed
information contained consistent messaging and easy to read signage. The
Superintendent, Assistant Superintendents, other facility staff, regional staff, and
PREA Coordinator were cooperative in providing information and participating in or
assisting in coordinating the interviews.
115.403 Audit contents and findings
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Annual Reports
Interview:
PREA Coordinator
Provision (f):
The agency shall ensure that the auditor’s final report is published on the agency’s
website if it has one, or is otherwise made readily available to the public.
The posted PREA reports do not contain any personal identifying information other
than names of administrators and job titles. The facility and agency policies and
additional documentation, practices and interviews with the Superintendent/PREA
Compliance Manager and other staff were reviewed regarding compliance with the
standards and have been identified in the reports. The audit findings in this report
were based on a review of policies; procedures; supporting documentation;
observations; and interviews with staff, residents, volunteers, contractors and other
stakeholders. There were no conflicts of interest regarding the completion of this
audit.
A review of the agency's website revealed PREA audit reports over the years for
regional juvenile detention centers operated by the Florida Department of Juvenile
Justice (DJJ) and residential facilities operated by vendors through contracts with DJJ
. The reports are easily read online and may also be downloaded.
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, yes
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, na
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 yes
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 yes
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 yes
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 yes
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 yes
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 yes
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, yes
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, yes
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 yes
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, yes
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.)

report_type: PREA

pdf_url: https://www.djj.state.fl.us/content/download/1194056/file/Florida_Broward Regional Juvenile Detention Center_Year3Cycle4.pdf?version=1

cycle: Year 3 Cycle 4