facility_name: okeecchobee juvenile correction center

summary: PREA

raw_content:
PREA AUDIT: AUDITOR’S SUMMARY
REPORT JUVENILE FACILITIES
Name of Facility: Okeechobee Juvenile Offender Correction Center
Physical Address: 5050 NE 168th Street, Okeechobee, FL 34972
Date report submitted: April 5, 2016
Auditor information: Shirley L. Turner
Address: 3199 Kings Bay Circle, Decatur, GA 30034
Email: shirleyturner3199@comcast.net
Telephone number: 678-895-2829
Date of facility visit: March 9, 2016
Facility Information
Facility Mailing Address: 5050 NE 168th Street, Okeechobee, FL 34972
Telephone Number: 863-357-9922
The Facility is: Military County Federal
X Private for profit Municipal State
Private not for profit
Facility Type: Detention X Corrections Other: Residential
Name of PREA Compliance Manager: Michael Slayton, Facility Administrator Title: Facility Administrator
Email Address: Michael.Slayton@us.g4s.com Telephone Number:
239-210-0940
Agency Information
Name of Agency: G4S Youth Services
Governing Authority or
Parent Agency: NA
Physical Address: 6302 Benjamin Road, Suite 400, Tampa, FL 33634
Mailing Address: Same as Physical Address
Telephone Number: 813-514-6275
Agency Chief Executive Officer
Name: James C. Hill, Jr. Title: President
Email Address: jim.hill@us.g4s.com Telephone Number: 8 1 3 - 5 1 4 - 6 2 7 5
Agency Wide PREA Coordinator
Name: Bobbi Pohlman-Rodgers Title: Senior Director of JJDPA/PREA Compliance
954-818-5131
Email Address: bobbi.pohlman@us.g4s.com Telephone Number:
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AUDIT FINDINGS
NARRATIVE:
The Okeechobee Juvenile Offender Correction Center is a 96-bed facility for male juvenile
offenders who have been committed to the Florida Department of Juvenile Justice (FDJJ). It is
located in Okeechobee, Florida and operated by G4S Youth Services through a contract with FDJJ.
The facility serves residents ranging from ages 13 to 21 who have been classified as high or
maximum risk. The length of stay is from 12-18 months for residents classified as high risk and 18-
36 months for those classified as maximum risk. The facility is accredited by the American
Correctional Association.
Residents receive medical and mental health screenings during the intake process and on-going
medical and mental health services throughout their stay in the facility. Medical services are
provided by three Licensed Practical Nurses and one serves as the Health Services Coordinator,
supervised by the G4S Regional Health Services Administrator. The physician visits the facility
twice a week; a contract dentist is at the facility weekly and the contract optometrist visits as needed.
Mental health services are provided by a Director of Clinical Services and six therapists. A
consulting psychiatrist visits the facility every two weeks. Education services include courses in
English, Mathematics, Science, Social Studies and Reading. Career and technical opportunities
include Culinary Arts and Business Education courses. Residents also receive case management
services; individual and group counseling; physical and recreational activities; and aftercare
preparation.
An Individual Performance Plan is developed with goals and expectations for each resident based on
his needs. Each resident is assigned a Case Manager and a Therapist prior to their arrival to the
facility and meets with a Case Manager and Therapist on the first day of the intake process. The Case
Managers coordinate the activities and programs the residents are involved in. The facility services
include but are not limited to a cognitive-behavioral treatment approach and evidenced-based
programs. A description of the program is contained in the resident handbook and each resident is
provided a copy. The handbook also includes a description of the behavior management system,
program rules, how to access services, and the disciplinary process. The facility has a Parents
Committee and monthly conference calls are held with the Facility Administrator to discuss the
needs of the facility and opportunities for improvement in identified areas. Family Day is held at the
facility every quarter.
DESCRIPTION OF FACILITY CHARACTERISTICS:
The facility has a razor wire fence around it which is monitored and cameras are strategically placed
on the inside of the building and outside. The main building on the grounds includes a front entrance
with a lobby, control room, and administrative offices. The area outside of the administrative offices
is set up for visitation on the weekends. Beyond this area is the medical/intake area; kitchen/dining
area; pill pass room; and master control. The enhanced game room is located beyond the clinic and is
used as a special privilege or during inclement weather. There are six dorms with 16 rooms in each.
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The dorms also have a laundry room, dayroom and classroom and the classroom contains an office
for the teacher. There is also a secure unit with four cells located in the facility where residents may
be placed for a short period of time in controlled observation until their behavior is under control.
Controlled observation is not used as disciplinary isolation.
The Home Builders Institute has a building on the grounds that provide for classroom instruction and
hands-on applications in the construction trades. The grounds contain a recreation area with a
pavilion and a basketball court and a much larger recreation area where various sports are played.
The cameras are primarily monitored by the Assistant Facility Administrator from the system in his
office. The number of residents admitted to the facility during the past 12 months whose length of
stay was more than 30 days is 41. The number of staff employed at the facility in the past 12 months
who may have contact with residents is 49.
SUMMARY OF AUDIT FINDINGS:
An introductory conference call was held prior to the site visit and the audit process was discussed
with facility staff and the DJJ statewide PREA Coordinator. The notifications of the on-site audit
were posted in the facility prior to the site visit and pictures of the postings were forwarded to this
Auditor. The Pre-Audit Questionnaire was uploaded to a flash drive with policies and supporting
documentation and was received prior to the site visit. There was follow-up communication with
Facility Administrator and information was clarified as needed. The Facility Administrator serves as
the PREA Compliance Manager.
The site visit was conducted on March 9, 2016. Introductions were conducted with the Facility
Administrator and the Assistant Facility Administrator. A comprehensive tour of the facility was
provided by the Facility Administrator and the Assistant Facility Administrator. During the tour,
staff members were observed to be providing direct supervision to the residents and interacting with
them. Randomly selected residents and staff members who provide direct care to residents were
interviewed. Direct care staff members were interviewed from all shifts. Specialized interviews were
conducted which included a contract staff. During the site visit, additional documentation was
provided as requested. At the conclusion of the site visit, a close-out meeting was held with the
Facility Administrator and the Assistant Facility Administrator. The G4S Senior Regional Director
was at the facility during the site visit.
Number of standards exceeded: 0
Number of standards met: 38
Number of standards not met: 0
Number of standards not applicable: 3
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Standard 115.311 Zero Tolerance of Sexual Abuse and Sexual Harassment.
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
The facility adheres to Policy 10-25, Prison Rape Elimination Act (PREA) and Policy 1919 of
the Florida Department of Juvenile Justice (FDJJ 1919). The policies are aligned and provide
guidelines for implementing the strategies for complying with the requirements of the PREA
standards. Both policies state a zero-tolerance of all forms of sexual abuse and sexual
harassment. The Policies contain definitions of prohibited behaviors and sanctions for those
found to have participated in the prohibited behaviors.
Policy 10-25 states that the Facility Administrator or a person designated by the G4S Regional
Director serves as the PREA Compliance Manager. The Facility Administrator has been
designated as the PREA Compliance Manager. The interview with the Facility Administrator
revealed that he has sufficient time and authority to implement and coordinate the activities
regarding PREA compliance. The Facility Administrator reports to the G4S Senior Regional
Director.
Standard 115.312 Contract With Other Entities for the Confinement of Residents.
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
This standard is not applicable. The facility does not a contract with other facilities for the
confinement of its residents.
Standard 115.313 Supervision and Monitoring
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policy 10-25 and periodic internal management reviews of the staffing schedule, ensures
adequate levels of staffing for all shifts. The contract with FDJJ requires staffing ratios of 1:8
during the awake hours and 1:10 during the overnight hours and the staffing documents show
that sometimes there are less youth per staff. The interview with the Facility Administrator
Director revealed that he reviews the staff schedule every day and explained the staff hold-
over process that ensures that the ratios are maintained and that there are no deviations.
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A Staffing Plan Assessment was reviewed which was completed by FDJJ’s statewide PREA
Coordinator. It includes a review of the items listed in the standard and other related areas of
facility operations. The Staffing Plan Assessment contains a review of the staffing plan;
staffing patterns; deployment of cameras; unannounced rounds; operating procedures; and
other factors that contribute to maintaining compliance with the staffing plan. Policy 10-25
provides that the Administrative Duty Officer conducts unannounced rounds at least once a
month and that the visits are documented in the logbook or the shift report. A review of
logbook entries and an interview with the Assistant Facility Administrator confirmed that
unannounced rounds occur as required. The PREA Policy and the facility practice, confirmed
through the interview, prohibit staff from alerting other staff of the occurrence of the
unannounced rounds.
Standard 115.315 Limits to Cross Gender Viewing and Searches
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policy 10-3 and staff and resident interviews confirm that cross-gender pat-down searches and
cross-gender strip searches are not conducted at this facility. Policy 10-3 addresses staff
conducting searches of residents and provides the details of each type search and the
documentation of searches. Although the practice of the facility is that cross-gender searches
are not conducted, Policy 10-3 does provide for when a female staff may assist a male by
acting as a second person in the search area, observing the staff, while not viewing the
resident. The Policy requires that in these circumstances, the reason for the opposite gender
assisting in the search must be authorized by the Facility Administrator and the reason for the
search documented. Staff interviews shared that training regarding the searches of all residents
includes the techniques as well as conducting them in a professional and respectful manner.
Policy 10-25 and resident and staff interviews provide that residents are able to shower, use
the toilet, and change clothes without being viewed by female staff. Staff and residents shared
that female staff members do not supervise those activities. All residents and staff interviewed
confirmed that female staff members announce themselves when entering the living unit
where residents may be showering, changing clothes or performing bodily functions. Policy 8-
14 states that transgender or intersex residents shall not be searched or physically examined for
the sole purpose of determining their genital status. Staff interviews confirmed their awareness
of this Policy and report that no such searches have occurred.
Standard 115.316 Residents with Disabilities and Residents Who are Limited English
Proficient
Exceeds Standard (substantially exceeds requirement of standard)
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X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policy 10-25 provides disabled residents the equal opportunity to participate in or benefit from
resident education to protect them from sexual abuse and sexual harassment. Residents are not
to be used as interpreters or readers, according to Policy 10-25, unless an extended delay in
obtaining an interpreter could compromise the resident’s safety, the performance of the first
responder duties, or the investigation of the resident’s allegation. The facility may use the
Registry of Certified Court Interpreters as a resource, as well as other G4S staff members who
may serve as interpreters. The facility provides an extensive list of internal interpreters which
identifies the G4S facility the staff member works in and other contact information as well as
the language for which they may provide interpreter services.
The list for the external interpreters, Registry of Certified Court Interpreters, is composed of
several pages that contain the contact information as well as the language specialty. Contact
information for American Sign Language interpreters is also included in the lists of external
interpreters. Interviews with staff confirmed the procedure where staff members may be used
as interpreters. Staff report that no residents have been used as interpreters during this audit
period.
Standard 115.317 Hiring and Promotion Decisions
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policy 3-16, Employee Recruitment and Selection, and FDJJ Policies 1800 and 1919 address
this standard regarding hiring or promoting anyone who has engaged in sexual abuse in a jail,
lockup or similar facility; has been convicted of engaging or attempting to engage in coerced
or forced sexual activity; or has been adjudicated for any of the aforementioned activities.
The Policies prohibit hiring, promoting or contracting with anyone who has been convicted of
engaging in any activity prohibited by the standard and it provides directions regarding
background checks and screenings. Any incident of sexual harassment is considered
regarding the hiring or promotion of anyone. This was confirmed through the review of the
hiring packet and the interview with the human resources staff.
A review of a sample of personnel files revealed that they include background checks; signed
acknowledgement forms regarding PREA related issues and information received; signed
disclosure forms; and interview information. The human resources staff interviewed revealed
that hiring and promotion decisions are based on background information obtained and
according to the considerations required by the standards. She further provided that
employees are to inform management staff regarding any legal charges within 72 hours of
their occurrence and that FDJJ will notify human resources if they should get an alert
regarding a staff member. The policies provide that the omission of information regarding
misconduct is grounds for termination of employment.
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Standard 115.318 Upgrades to Facilities and Technology
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
The camera system is used to support the direct supervision provided by staff. The hard drive
was recently upgraded. The Assistant Facility Administrator has the capability to monitor the
cameras from his office.
Standard 115.321 Evidence Protocol and Forensic Medical Examinations
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
According to Policies 10-25 and FDJJ 1919 and staff interviews, the elements of the standard
are met and facility staff members are not responsible for conducting administrative or
criminal investigations. FDJJ 1919 and 10-25 state that the Florida Department of Juvenile
Justice Office of the Inspector General (OIG) is responsible for conducting administrative
investigations; the Florida Department of Children and Families (DCF) is responsible for
conducting allegations of child abuse; and local law enforcement is responsible for
conducting criminal investigations. A review of documentation shows that the facility has
the FDJJ written information sheet regarding PREA related investigations and comprehensive
uniform evidence protocols developed after 2011. The document is to be shared with law
enforcement investigators.
The facility has provided for victim services, at no cost to the victim, through entering a
Memorandum of Understanding (MOU) with a rape crisis center, Sexual Assault Program of
the Treasure Coast. Assistance that will be provided by the agency include but are not limited
to Sexual Assault Nursing Examiner services for a forensic examination to be conducted at
the Raulerson Hospital emergency room; accompaniment during the forensic examination;
referral services; and access to the 24/7 hotline number. An interview with the Director of
Victim Services confirmed the content of the MOU and that advocacy services and the
forensic examination will be provided to a victim when requested. There have been no
forensic examinations conducted during this audit period.
Standard 115.322 Policies to Ensure Referrals of Allegations for Investigations
Exceeds Standard (substantially exceeds requirement of standard)
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X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policies 10-25; FDJJ 1919; FDJJ 2020; and staff interviews support that an administrative or
criminal investigation is completed for all allegations of sexual abuse and sexual harassment.
The Policies identify who is responsible for conducting the criminal and administrative
investigations and instructs staff to cooperate with investigations. During the past 12 months
there were no administrative or criminal investigations of sexual abuse and sexual harassment
conducted at the facility.
The Florida Department of Juvenile Justice website contains the policy regarding reporting
allegations of sexual abuse and sexual harassment. The OIG follows unit specific policy in
conducting administrative investigations. The facility provides parents/guardians and visitors
with information regarding how they, as well as the residents, may report allegations of
sexual abuse and sexual harassment allegations. Staff interviews support policy that all
referrals of allegations for investigations are to be documented.
Standard 115.331 Employee Training
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policies 5-1 and 5-2 address employee training and a review of the SkillPro training
documents show that the training does occur. However, the staff interviews indicated that
refresher training was needed. A corrective action was implemented where the Facility
Administrator conducted the refresher training during a full staff meeting which was
documented. The information was also shared with staff members that were unable to attend
as indicated in the documentation and the Facility Administrator stated that the training was
completed during the staff meeting. The facility reports that the training is tailored to the
needs of the population they serve. Florida DJJ provides on-line training through the SkillPro
system and facility in-house training has been recently conducted regarding specific areas of
the standards.
Standard 115.332 Volunteer and Contractor Training
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
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Does Not Meet Standard (requires corrective action)
FDJJ 1919, a review of the training curriculum that is used for volunteers and contractors,
and documented training support that volunteers and contractors receive training on their
responsibilities regarding the zero-tolerance of sexual assault and sexual harassment and how
to report any allegations or incidents. An interview with a contract staff, the Home Builders
Institute supervisor, confirmed the contract staff’s participation in PREA related training.
Standard 115.333 Resident Education
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
According to Policy 10-25, resident and staff interviews, and a review of documentation
acknowledging resident participation in PREA education sessions, all residents are provided
age-appropriate PREA information during the intake process. All residents receive PREA
education regardless if they are transferring from another facility or are a new admission and
the facility policy addresses retaliation if a resident should report an allegation from a former
facility or the current one. Staff members may assist with the PREA education for residents
that are limited English proficient, visually impaired, otherwise disabled, or have limited
reading skills. Additional support services may be obtained from the Registry of Certified
Court Interpreters, Florida Registry of Interpreters for the Deaf, and staff members that work
at other G4S facilities.
The PREA information is posted within the facility in various locations and program
handbooks remain available to all residents. During her interview the Intake Coordinator
explained how she reviews the PREA packet with the residents and allows them to repeat the
information back to her in their own words. The packet also includes written safety tips. After
the initial PREA education session, residents sign the PREA Brochure Receipt Verification
form which is filed.
Standard 115.334 Specialized Training: Investigations
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
FDJJ 1919 addresses the training of the OIG Investigators, including the related policies and
procedures regarding the handling of sexual misconduct incidents and reports. Appropriate
training is provided to investigative staff regarding conducting investigations in the DJJ
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settings. The FDJJ information sheet regarding investigations protocols is to be shared with
local law enforcement investigators by the facility management staff. The facility staff
members do not conduct administrative or criminal investigations. Staff interviews confirmed
the practice and they are aware of the investigative entities.
Standard 115.335 Specialized Training: Medical and Mental Health Care
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
FDJJ 1919 and facility Policies 5-1 and 5-2 address staff training. The medical and mental
health staff members have received the training developed for those areas and the general
training. The specialized training is developed by DJJ and is accessible to medical and
mental health staffs online and is documented through the SkillPro training system. The
medical and mental health staff interviewed stated that they completed the documented
training. The medical staff does not conduct forensic medical examinations.
Standard 115.341 Screening for Risk of Victimization and Abusiveness
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policies 9-1, 8-14 and FDJJ 1919 provide information regarding screening for risk of
victimization and abusiveness. Staff and resident interviews and a review of documentation
confirmed that residents are screened for risk of victimization and abusiveness within 24
hours of intake, whether a transfer or new admission. The screening is conducted using the
FDJJ objective instrument, Screening for Vulnerability to Victimization and Sexually
Aggressive Behavior (VSAB). The VSAB is used to obtain the information required by the
standard.
Interviews revealed that reassessment screenings are conducted as needed on a formal basis
and on an informal basis through resident meetings with treatment staff. The residents that
were interviewed were able to indicate some of the questions that are contained in the VSAB.
The staff member interviewed regarding the VSAB stated that she reviews the commitment
packet prior to the resident’s arrival, asks the resident the questions and probing as required,
and she also contacts the parents/guardians for information. The documents indicate and the
staff reported that a follow-up meeting with medical and mental health staffs is done
immediately regarding disclosure of being a victim of sexual abuse or having perpetrated
sexual abuse.
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Standard 115.342 Use of Screening Information
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policies 9.3, 8-14 and FDJJ 1919 address this standard regarding the information from the
VSAB and other risk screening instruments and provide guidance to staff on how the
information is to be used to help determine housing and program assignments with the goal of
keeping all residents safe. No resident has been placed in isolation during this audit period
regarding their safety from sexual assault. The facility reports that isolation is not used as
protective custody only as a mechanism for the resident to gain control of his behavior.
Policy 8-14 prohibit placing gay, bisexual, transgender or intersex residents in specific
housing or making other assignments solely based on how they self-identify or their status
and also prohibits staff from considering that identification as an indicator that these residents
may be sexually abusive. Facility policy and staff interviews support that housing and
program assignments for transgender or intersex residents are made on a case-by-case basis.
Standard 115.351 Resident Reporting
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policies 8-3, 10-25 and FDJJ 1919 address this standard and provide multiple internal ways a
resident may privately report sexual abuse and sexual harassment, retaliation for reporting,
and staff neglect or violations of responsibilities that may lead to the aforementioned
incidents. Residents may report allegations of sexual abuse or sexual harassment by
telephone, using the abuse hotline 800 number. Staff may also use the abuse hotline to
privately report sexual abuse and sexual harassment of residents. There are additional internal
methods that resident may report, such as completing a grievance form; talk to any staff
member; complete a Let’s Talk form requesting to speak to a specific staff member; and third
parties may report allegations. Access to writing tools is provided for residents so that they
are able to complete the forms used for reporting or making requests. Resident and staff
interviews support the ways a resident may report allegations and the information is also
provided in the program handbook.
Staff and resident interviews revealed that they are aware of the policies regarding accepting
reports of allegations of sexual abuse and sexual harassment that are made verbally, in
writing, anonymous, and by third parties. Policies and staff interviews support that staff are
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required to document verbal reports and to report the information to their supervisor who
ensures the report to the Central Communications Center and other contacts. Staff receives
this related information through policies and procedures, training and staff meetings
Standard 115.352 Exhaustion of Administrative Remedies
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
FDJJ provides that a resident may submit a grievance at any time alleging sexual abuse or
sexual harassment. The resident is not required to handle an emergency grievance informally
by attempting to resolve the situation with staff. When a grievance alleging sexual abuse or
sexual harassment is received, it is immediately provided to the Facility Administrator and
the policies and procedures for reporting allegations of sexual abuse will be initiated. The
grievance system does not provide for staff to investigate or resolve allegations of sexual
abuse or sexual harassment. If the resident chooses, it serves as another method of reporting
allegations to staff so that he may be kept safe and the allegations investigated by the proper
entity.
Policy 10-25 and posted information provide staff with the required information for
reporting sexual abuse and sexual harassment of residents. The agency policy provides that a
resident may be disciplined when it has been determined that a report alleging sexual abuse
has been made in bad faith.
Standard 115.353 Resident Access to Outside Confidential Support Services
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policy 10-25 addresses this standard and requires the Facility Administrator to ensure that
residents have access to an outside victim advocacy agency for emotional support services.
The residents were provided an update PREA education session to review the services that
will be provided by the Sexual Assault Assistance Program of the Treasure Coast, based on
the information outlined in the signed MOU, including confidentiality practices. The
information is also made available through posters as observed by this auditor. Services to
be provided that are contained in the MOU were confirmed through a telephone interview
with the Director of Victim Services. Among other services, the agency will provide
residents with an advocate to be present during the forensic examination and will provide
emotional support services.
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According to policy and residents’ interviews, the facility provides residents with reasonable
and confidential access to attorneys or other legal representation and reasonable access to
their parents or legal guardians. Family Day is held at the facility once a quarter.
Standard 115.354 Third-Party Reporting
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policies 8-3 and 10-25 address third party reporting and interviews revealed that residents are
familiar with the concept of third-party reporting of sexual abuse and sexual harassment. All
residents interviewed stated that they had someone who did not work at the facility that they
could report to regarding sexual abuse. Staff interviews revealed their knowledge of third-
party reporting. Information regarding reporting is provided through observed posters that are
located in areas of the facility that are accessible to the public, residents and staff members.
The FDJJ website contains information regarding third party reporting.
Standard 115.361 Staff and Agency Reporting Duties
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policies 8-3, 10-25 and FDJJ 1919 provide that all staff immediately report any knowledge,
suspicion, or information regarding an incident of sexual abuse, sexual harassment or incidents
of retaliation. The report of an incident should be reported to the Central Communications
Center no later than two hours after receipt of the information and to other investigative
entities as appropriate. Policy 10-25 prohibits staff from revealing any related information to
anyone other than to the extent necessary to make treatment, investigation and other security
and management decisions.
The CCC will make appropriate notifications to senior DJJ management who will make
notification to management overseeing the facility where the alleged abuse occurred. Policy
10-25 requires the Facility Administrator to notify the alleged victim’s parents or legal
guardians. If the resident is under DCF Custody, the Case Worker will be notified and if
applicable, the attorney of record will be notified of the allegation within 14 days of receipt of
the allegation, according to the Policy.
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The Senior Director of Clinical Services was filling in at the facility because the Director of
Clinical Services was vacant during the time of the site visit. She indicated that the mental
health staff members are aware of the requirements regarding their reporting duties and
understand that they are mandated reporters. The interview with the Health Services
Coordinator, management staff and direct care staff confirmed the same. The residents are
informed at the initiation of services of the limitations of confidentiality and the clinical staff’s
duty to report.
Standard 115.362 Agency Protection Duties
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policy 10-25 instructs staff to take immediate action to keep residents safe when they learn
that there is substantial risk of imminent threat of sexual abuse. Interviews with staff
confirmed their knowledge of this policy and they were able to verbalize measures they would
take to protect residents who are at substantial risk of imminent sexual abuse. Some of the
protective measures stated that could be implemented immediately were to move the resident
away from the threat by placing him in another dorm, one-on-one staff supervision, and inform
the supervisor for assistance.
Information on reporting allegations are included in the resident handbook and safety tips for
self-protection are reviewed during the initial PREA education session and provided to the
resident. It was determined that during the past year, no resident was reported to be at
substantial risk of sexual abuse. Residents indicated that during the intake process, their
feelings about their safety are explored and they also report that staff will inquire about
whether they feel safe in the program during treatment meetings and at other times.
Standard 115.363 Reporting to Other Confinement Facilities
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policies 10-25 and FDJJ 1919 address this standard. The Facility Administrator, upon
receiving an allegation that a resident was sexually abused while confined at another facility,
must notify the head of that facility where the alleged abuse occurred. Notification must be
made as soon as possible but no later than 72 hours after receipt of the allegation. The Facility
Administrator must also notify the Central Communications Center to report the incident for
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an investigation. The facility reports that during this audit period, there have not been any
reports from a resident about an incident of abuse occurring while they were confined in
another facility. The Facility Administrator indicated his awareness of the policy regarding
reporting to other confinement facilities and the requirement that allegations received from
other facilities must be investigated.
Standard 115.364 Staff First Responder Duties
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policy 10-25 details the first responder duties which are generally to separate the victim from
the abuser; preserve and protect the scene; and request that the alleged victim does not take
any action that would destroy physical evidence. Initial training had been conducted with
staff; however, as a corrective action, refresher training was conducted last month (March
2016). The purpose of the refresher training was to strengthen the direct care staff’s
knowledge as first responders. FDJJ 1919 directs that if the employee first responder is not
direct care staff, they should request that physical evidence is preserved and direct care staff
should be notified. During the past 12 months, there has not been an allegation of sexual
abuse or sexual harassment.
Standard 115.365 Coordinated Response
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
The facility has a written institutional plan, Sexual Abuse Incident Coordinated Response
Plan, which outlines the coordinated actions of the various identified staff such as the first
responder, supervisors, medical, mental health, and management staff. This coordinated
response to an incident of sexual abuse is also aligned with FDJJ 1919. Staff interviewed were
aware of reporting; however, the purpose of the refresher training that was conducted was to
strengthen the knowledge of the direct care staff.
Standard 115.366 Preservation of Ability to Protect Residents From Contact With Abusers.
Exceeds Standard (substantially exceeds requirement of standard)
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Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
This standard is not applicable. The facility does not maintain collective bargaining
agreements.
Standard 115.367 Agency Protection Against Retaliation
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policies 10-25 and FDJJ 1919 provide protection to residents and staff from retaliation. The
retaliation monitor has been identified as the Facility Administrator. He understands that he is
charged with observing for whether or not retaliation occurs after a resident or staff reports
allegations of sexual abuse or cooperates with an investigation. Policy 10-25 identifies items to
be monitored to determine whether retaliation is occurring. The interview revealed familiarity
with the Policy and identified some of the things he would consider in detecting retaliation
such as a review of the Let’s Talk forms and observe interactions. There have been no
allegations of sexual assault or sexual abuse during the past 12 months and there was no
indication of such.
Standard 115.368 Post Allegation Protective Custody
Exceeds Standard (substantially exceeds requirement of standard)
Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
This standard is not applicable. Segregated housing is not used at this facility to house
residents who allege sexual abuse.
Standard 115.371 Criminal and Administrative Agency Investigations
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
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Does Not Meet Standard (requires corrective action)
Policies 10-25 and FDJJ 1919 and a review of reports provide that administrative
investigations are conducted by the OIG and criminal investigations are conducted by the
local law enforcement. The Florida Department of Children and Families are also called when
there is an allegation of sexual abuse. The Policies direct facility staff to cooperate with
investigations and FDJJ 1919 further provides that an investigation is not terminated because
the source recants the information. The management team is familiar with these policies. The
OIG follows protocols in conducting administrative investigations in FDJJ settings.
Standard 115.372 Evidentiary Standards for Administrative Investigations
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
FDJJ 1919 provides that the OIG, responsible for administrative investigations, impose a
standard of a preponderance of the evidence for determining whether allegations are
substantiated.
Standard 115.373 Reporting to Residents
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
FDJJ 1919 allows for the victim to be informed that the investigation has been concluded and
Policy 10-25 provides that the Facility Administrator notifies the victim or victim’s parents or
legal guardians. The information shared with the resident would include the results of the
investigation, whether or not the alleged abuser has remained at the facility, and whether the
alleged abuser has been charged or convicted of the crime. The Facility Administrator is
familiar with the Policies. During the past 12 months there were investigations regarding
sexual abuse conducted at the facility.
Standard 115.376 Disciplinary Sanctions for Staff
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
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Does Not Meet Standard (requires corrective action)
Policy 3-3 provides that disciplinary sanctions, up to and including termination for those staff
that violate the facility’s sexual abuse and sexual harassment zero-tolerance policy.
Disciplinary sanctions for violations of facility/agency policies relating to sexual abuse, other
than actually engaging in the act, and sexual harassment are appropriate to the circumstances
of the incident, staff’s disciplinary history, and the sanctions for similar cases of other staff.
During the past 12 months, no staff member has been disciplined for violation of agency
sexual abuse or sexual harassment policies or reported to law enforcement by the facility for
violating such policies. Agency policy provide that terminations or resignations by staff who
would have been terminated if not for the resignation, are reported to local law enforcement if
the situation appeared to be criminal in nature and to relevant licensing bodies. It was
determined that the human resources staff and the Facility Administrator are familiar with this
information.
Standard 115.377 Corrective Action for Contractors and Volunteers
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
FDJJ 1919 provides guidance for this standard, including requiring any contractor or
volunteer who engages in sexual abuse to be prohibited from contact with residents. The
Policy also provides for contractors and volunteers who engage in sexual abuse to be reported
to law enforcement agencies and to relevant licensing bodies. Policy 10-25 prohibits sexual
activity between residents and volunteers and contracted personnel. Documented training
participation and a review of the training guide used for volunteer and contract staffs training
ensure that they have a clear understanding that a sexual relationship with a resident is strictly
prohibited and is a serious breach of conduct. An interview with a contractor helped to
confirm the occurrence of related training for volunteers and contractors. During this audit
period, there have been no allegations of sexual assault or sexual harassment regarding a
contractor or volunteer.
Standard 115.378 Disciplinary Sanctions for Residents
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policies 8-1 and FDJJ 1919 address the formal administrative process and the measures to be
taken regarding major rule violations. This information is also addressed in the resident
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handbook and isolation is not used as a sanction in response to a rule violation. However,
residents who may be rarely placed in controlled observation are visited by clinical staff and
are generally out within eight hours, according to staff. A resident may be referred to law
enforcement for charges and possible removal from the facility regarding resident-on-resident
abuse. Sexual activity between residents is prohibited and administrative or court processes
and sanctions occur when it has been determined that the sexual activity was coerced.
Residents are disciplined for sexual contact with staff only when it has been determined that
the staff member did not consent to the sexual contact.
Policy 10-25 states that anyone reporting in good faith shall be immune from any civil or
criminal liability. During the past 12 months there have been no administrative findings or
criminal findings of guilt regarding resident-on-resident sexual abuse that occurred at the
facility. Policies 10-25 and FDJJ 1919 and interviews with mental health and medical staffs
support that counseling or other interventions will be offered to address and correct the
underlying reasons or motivations for abuse when the resident remains in or returns to the
facility after an incident. The staff members interviewed stated that any type interventions or
treatment services provided would not be dependent on the resident’s participation in the
behavior management system, education or other programs and there is familiarity with the
requirements of mental health evaluations.
Standard 115.381 Medical and Mental Health Screenings; History of Sexual Abuse
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policies 10-25, FDJJ 1919 and 7-30 address this standard. A follow-up meeting with a medical
or mental health practitioner within 14 days is required by Policy when the resident discloses
any prior incidents of sexual abuse whether victim or perpetrator. Interviews with medical and
mental health staff confirmed the practice that residents would be seen by mental health and
medical staff on the same day as they are currently as part of intake and regarding other issues.
Policy supports that information related to sexual victimization or abusiveness that occurred in
an institutional setting is limited to medical and mental health practitioners and those staff,
based on their need to know. Staff interviewed stated that the clinical staff and the Facility
Administrator would have access to the information. The review of files revealed that medical
and mental health staff members maintain documentation of the services they provide to the
residents and they are mandated reporters.
Standard 115.382 Access to Emergency Medical and Mental Health Services
Exceeds Standard (substantially exceeds requirement of standard)
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X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policy 7-30 and FDJJ 1919 address this standard. Staff interviews and a review of documented
practices revealed that 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.
An examination of a sample of files show that medical and mental health staff members
maintain secondary materials that document services to residents and in an incident of sexual
abuse the requirement of the standards will be applied as demonstrated through interviews and
the current records reviewed. It is documented through policies and understood by staff that
treatment services will be provided at no cost to the victim, whether or not the victim names
the abuser, or whether or not the victim cooperates with the investigation. The medical and
mental health staffs interviewed stated that the clinical services that they provide are
determined according to their professional judgment.
Standard 115.383 Ongoing Medical and Mental Health Care for Sexual Abuse Victims and
Abusers
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
Policies 10-25 and 7-30 and interviews with medical and mental health staff members
confirmed that on-going medical and mental health care will be provided for sexual abuse
victims and abusers, as appropriate. Policy 10-25; staff interviews; document review; and
observations revealed that medical and mental health services are consistent with the
community level of care. Policies, interviews and observations also support that medical and
mental health evaluations and treatment will be offered to all residents who have been
victimized by sexual abuse in any prison, jail, lockup, or juvenile facility. Policy provides for a
mental health practitioner to conduct a mental health evaluation within 60 days on a resident
who discloses youth-on-youth abuse; however, staff indicates that it would occur much sooner.
There are 48 beds in the facility for residents who receive sexual offender treatment, which is
integrated into their individualized treatment plan.
Standard 115.386 Sexual Abuse Incident Reviews
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
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Does Not Meet Standard (requires corrective action)
Policy 10-25 and FDJJ 1919 provide for an incident review to be conducted within 30 days of
the completion of an investigation in accordance with the standard. During the past 12 months,
there were no investigations completed regarding allegations of sexual abuse or sexual
harassment. A form/format has been developed by FDJJ to use to document the proceedings
and the report is to be given to the Facility Administrator who serves as the PREA Compliance
Manager.
The Policies outline the requirements of the standard for discussion and review by the incident
review team. The Policies also identify the positions that comprise the team. The Assistant
Facility Administrator, identified as an incident review team member, is familiar with the
function of the team and its purpose. According to Policy, the identified participants on the
team may include the Facility Administrator; Assistant Facility Administrator; facility
treatment staff; direct care staff; statewide FDJJ PREA Coordinator; FDJJ Regional Program
Administrator; and other participants as needed.
Standard 115.387 Data Collection
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
FDJJ 1919 and documentation confirm that FDJJ collects incident-based, uniform data
regarding allegations of sexual abuse at facilities under its direct control, including
contractors, using a standardized instrument and specific guidelines. The format used for
FDJJ facilities and contractors capture the information required to complete the most recent
version of the Survey of Sexual Violence conducted by the U. S. Department of Justice
(DOJ). The agency maintains and collects various types of identified data and related
documents regarding sexual abuse incidents. FDJJ aggregates the sexual abuse data annually
which culminates into an annual report, which has been reviewed by this Auditor. The agency
provides DOJ with data as requested.
Standard 115.388 Data Review for Corrective Action
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
FDJJ 1919 addresses the sections of this standard. The collected and aggregated data is
reviewed to assess and improve the effectiveness of the PREA related efforts and initiatives
by identifying problem areas; developing and implementing corrective actions as needed; and
preparing an annual report based on the collected data. The Policy also states that an annual
report will be prepared that will provide an assessment of the agency’s progress in addressing
sexual misconduct. The annual report is approved as required. It is obvious from staff
interviews, observations, and document review that the agency has compared the results of
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the annual reports and used them to continuously improve policies; procedures; practices; and
training on a statewide basis. The annual reports have been reviewed by this Auditor and the
report is accessible to the public through the agency’s website. There are no personal
identifiers on the annual reports.
Standard 115.389 Data Storage, Publication and Destruction
Exceeds Standard (substantially exceeds requirement of standard)
X Meets Standard (substantial compliance; complies in all material ways with the standard
for the relevant review period)
Does Not Meet Standard (requires corrective action)
FDJJ 1919 provide that all data collected will be securely maintained and for at least 10 years
after the initial collection date, unless statutes require otherwise. According to the Policy, the
aggregated sexual abuse data from all facilities will be readily available to the public through
the agency’s website; the practice is that the report is posted on the agency’s website. A
review of the annual report verified that there are no personal identifiers, as required.
AUDITOR CERTIFICATION:
The auditor certifies that the contents of the report are accurate to the best of his/her knowledge and
no conflict of interest exists with respect to his or her ability to conduct an audit of the agency under
review.
April 5, 2016
Auditor Signature Date
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program_name_raw: okeecchobee juvenile correction center