state: FL

summary: PREA

raw_content:
PREA AUDIT: Auditor’s Summary Report
JUVENILE FACILITIES
Name of Facility: Pasco Regional Juvenile Detention Center
Physical Address: 28534 SR 52 San Antonio, Florida 35576
Date report submitted: October 8, 2014
Auditor information: Flora Boyd
Address: 5 Rosemount Court, Blythewood, South Carolina 29016
Email: fbb4577@aol.com
Telephone number: 803-312-5199
Date of facility visit: June 23-24, 2014
Facility Information
Facility Mailing Address:
(if different from above) Same as Above
Telephone Number: 352-588-5900
The Facility is: Military County Federal
Private for profit Municipal X State
Private not for profit
Facility Type: X Detention Correction Other:
Name of PREA Compliance Manager: Ida M. Burns Title: Major
352-588-5900
Email Address: Ida.Burns@djj.state.fl.us Telephone Number:
Agency Information
Name of Agency: Pasco Regional Juvenile Detention Center
Governing Authority or Parent Agency: (if applicable)
Florida Department of Juvenile Justice
Physical Address: Knight Building, 2737 Centerview Drive, Tallahassee, Florida 32399
Mailing Address: (if different from above) Same as Above
Telephone Number: 850-488-1850
Agency Chief Executive Officer
Name: Christy Daly Title: Interim Secretary
Telephone Number: 850-413-7313
Email Address: Christy.Daly@djj.state.fl.us
Agency Wide PREA Coordinator:
Name: Gene McMahon Title: PREA Coordinator Program Coordinator
Email Address: gene.mcmahon@djj.state.fl.us
Telephone Number: 850-688-0550
1
AUDIT FINDINGS
NARRATIVE:
Pasco Regional Juvenile Detention Center (PRJDC), located in San Antonio, Florida, is a 36 bed,
hardware secure facility that serves male and female juveniles detained by various circuit court(s). PRJDC
is operated by the Florida Department of Juvenile Justice (FDJJ) and serves Pasco County area youth who
are detained pending adjudication, disposition or placement in commitment facility. The average length of
stay for residents is approximately 11 days.
The facility employs 48 full-time staff. Medical staff are contracted through Maxim Healthcare Services and
mental health services are provided by Camelot Community Care. The Florida Department of Education
provides funding to the Pasco County School Board to provide residents with academic educational services.
Facility staff provide direct supervision of youth in a safe, secure and humane environment.
Services for youth include: education; mental health; substance abuse treatment; and health care. Various
mental health services and groups are offered to youth throughout their confinement. Recreational activities
are provided and encouraged for youth to take part in exercise programs, learning various coping mechanisms
and gardening if they choose to participate. A typical day in secure detention would involve hygiene, meals,
school, structured physical and educational activities, and court appearance as scheduled.
DESCRIPTION OF FACILITY CHARACTERISTICS:
The main building consists of an administrative office area, a dining hall, food preparation area, three
educational classrooms, two male housing modules with 27 single rooms and a female housing module with
16 single rooms. Each module has a separate bathroom with sinks and open showers. The dining hall also
serves as the visitation area for families to visit youth on Sundays and Wednesdays. The facility is equipped
with a video surveillance system which includes 42 cameras.
SUMMARY OF AUDIT FINDINGS:
The notification of the on-site audit was posted on May 12, 2014, six weeks prior to the first date of the on-
site audit. The posting of the notices was verified by photographs received electronically from the PREA
Compliance Manager. The photographs indicated notices were posted in various locations throughout the
facility including the housing unit and administrative areas.
The Pre-Audit Questionnaire, policies and supporting documentation were received on June 2, 2014. The
Pre-Audit Questionnaire and policies and documents were uploaded to a UBS flash drive. The initial
review revealed the questionnaire was partially completed and some key documents were not provided.
After providing a listing of noted concerns and documents needed, steps were taken by the Compliance
Manager to ensure that available documentation was provided during the on-site visit. Specific corrective
actions taken to address some of the deficiencies are summarized in this report under the related standard.
PREA AUDIT: AUDITOR’S FINAL REPORT 2
The on-site audit was conducted June 23-24, 2014. Dorothy Xanos, Certified PREA Auditor served as my
assistant. After meeting with the facility’s management staff, a complete tour of the facility was conducted.
During the tour, youth were observed to be under constant supervision of the staff while involved in school
and other activities. The housing modules were clean and well maintained however observation of
bathrooms revealed shower stall openings have no partitions or shower curtains to allow residents to take
shower without being directly observed fully nude by same sex staff and resident was most concerning.
Observation of the surveillance system monitors revealed cameras do not capture showers, toilets or inside
residents’ rooms.
Over the two-day on-site visit, 11 staff including direct care staff from all three shifts were interviewed.
Overall, the interviews revealed staff are knowledgeable of PREA standards and were able to articulate
their responsibilities. Six residents, two from each housing module were also interviewed. Residents were
informed of their right to be free from sexual abuse and harassment and how to report sexual abuse and
harassment. Policies and secondary documentation were thoroughly reviewed.
A corrective action plan was developed, with input from the FDJJ PREA Coordinator, and provided to the
facility’s Compliance Manager on July 2, 2014, specifying the minimum remedial steps to be taken to
comply with PREA standards. The facility’s Compliance Manager and the FDJJ PREA Coordinator
provided some documentation for corrective action that was immediately taken to comply with the
standards. Remaining non-compliance issues were addressed during a corrective action period (between
July 24 and October 7, 2014). All corrective steps were implemented and verified as specified in the
corrective action plan and indicated in this report under the related standard. The facility was found to be in
compliance with all applicable standards.
Number of standards exceeded: 0
Number of standards met: 40
Number of standards not met: 0
Number of standards Not Applicable: 1
PREA AUDIT: AUDITOR’S FINAL REPORT 3
Standard 115.311-Zero Tolerance of Sexual Abuse and Sexual Harassment; PREA
Coordinator
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)
Auditor Comments:
PRJDC Facility Operating Procedure (FOP) PREA mandates zero-tolerance of sexual abuse
and sexual harassment and outlines how the facility carries out its approach to preventing,
detecting and responding to sexual abuse and sexual harassment. The policy includes
definitions of prohibited behaviors and sanctions for those found to have participated in
prohibited behaviors. The policy also provides strategies and responses for reducing and
preventing sexual abuse and harassment.
PRJDC is a juvenile detention facility governed and operated by the FDJJ which employs an
agency-wide PREA Coordinator who is in an upper-level management position within the
agency. The PREA Coordinator interview revealed he has sufficient time and authority to
develop, implement and oversee the agency’s efforts to comply with PREA standards in all
operated and contracted facilities. The facility’s Superintendent serves as the PREA
Coordinator. An interview with the PREA Coordinator revealed she has sufficient time to
oversee the facility’s PREA compliance efforts and to perform her other duties.
Standard 115.312- Contracting with Other Entities for the Confinement of 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)
Auditor Comments:
FDJJ has approximately 50 contracts with providers for the confinement of juveniles in
residential facilities throughout the State. A signed contract review revealed provider’s
agreement to comply with all requirements and standards of the Prison Rape Elimination Act
Act 28 CFR Part 115 as outlined in FDJJ Policy 1919. All contracts were renewed in the
past 12 months to include the requirement to comply with PREA standards.
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)
PREA AUDIT: AUDITOR’S FINAL REPORT 4
Auditor Comments:
Although PRJDC FOP 10-25 required the facility to develop, implement and document an
approved staffing plan, my initial review indicated the facility did not have a staffing plan.
There is no mandate in policy for a 1:8 staff to resident ratio during waking hours or a 1:16
staff to resident ratio during sleeping hours however corrective action was taken to develop a
staffing plan which does reflect required ratios. The staffing plan is based upon the facility’s
capacity of 36 residents. PRJDC FOP 10-25 requires the facility to documents deviations
from the staffing plan on the Shift Report however there no deviations from the plan to
review.
Documentation of the annual review of the staffing plan dated May 1, 2014 was reviewed
and found to be in compliance with all elements contained in (d)-1 of this standard.
PRJDC utilizes video monitoring combined with direct staff supervision to protect residents
from sexual abuse and sexual harassment. Although intermediate and upper level staff
conduct unannounced rounds, documentation for was not available.
During the corrective action period the facility provided documentation that unannounced
rounds are being conducted on all shifts and in all areas of the facility.
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)
Auditor Comments:
PRJDC FOP 10-25 PREA prohibits cross-gender strip searches, or pat down searches of youth,
except in exigent circumstances however PRJDC FOP 5.01 Room, Youth and Program Searches
does not prohibit cross-gender pat searches. The corrective action plan requires the revision of
FOP 5.01 to be consistent with this standard and FOP 10-25.
The prohibition of cross-gender visual body cavity searches is not addressed in FOP 10-25
however the policy revision is required in the corrective action plan.
PRJDC FOP 10-25 PREA states the facility must be configured to allow residents to shower,
perform bodily functions and change clothing without staff of the opposite sex viewing their
bodies. Staff and resident interviews conform there is no cross-gender viewing however the
open shower stalls with no partitions or shower curtains allow residents to be viewed naked by
same sex staff and other residents while taking showers. Some male residents stated they keep
their boxers on while showering to avoid exposure.
During the corrective action period shower curtains were installed to eliminate the possibility
voyeurism by staff and/or residents.
PREA AUDIT: AUDITOR’S FINAL REPORT 5
FDJJ Policy 1919 PREA requires opposite sex staff, volunteers and contractors entering housing
units to announce themselves. Resident interviews verified this is done on a consistent bases.
PRJDC FOP10-25 PREA prohibits the search of a transgender or intersex resident solely for
the purpose of determining the resident’s genital status and staff interviews verified
compliance.
Standard 115.316- Residents with Disabilities and Residents Who are Limited English
Proficient
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)
Auditor Comments:
PRJDC FOP 10-25 PREA requires accommodations be made to ensure residents with
disabilities or who are limited English proficient are provided meaningful access to all
aspects of the facility’s efforts to prevent, protect and respond to sexual abuse and
harassment. This policy also states the facility prohibits the use of resident interpreter,
resident readers or any kind of resident assistants except when a delay in obtaining
interpreters services could jeopardies a resident’s safety. Resident and staff interviews
verified the facility does not use resident assistants and there were no instances of resident
interpreter or readers being used in the past 12 months.
PRJDC Policy FOP 10-25 describes how interpreters or other services needed to assist
residents with disabilities or residents who may be limited English proficient will be
provided either by qualified staff or outside resources, such as the local school district.
PRJDC FOP 10-25 PREA requires staff to provide PREA education in a format assessable
to all residents including those who may be limited English proficient, deaf, visually
impaired or otherwise with a disability, as well as to residents who have limited reading
skills. Samples of education material was provided.
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)
PREA AUDIT: AUDITOR’S FINAL REPORT 6
Auditor Comments:
Initial review of PRJDC FOP 10-25 PREA revealed the policy did not specifically require
consulting with the child abuse registry before hiring or enlisting services of any contractor
who has contact with residents. The PREA Coordinator provided documentation that Florida
State law does not allow FDJJ to contact the abuse registry for the purpose of screening
applicants.
A review of staff files revealed documented criminal background checks and that questions
regarding past conduct were asked and responded to during the interview process.
Additionally, contract providers, who have contact with residents had documented criminal
background checks. PRJDC FOP 10-25 PREA requires criminal background checks to be
conducted every five years. Applicants are required to sign acknowledging material
omission regarding misconduct, or false information are grounds for termination.
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)
Auditor Comments:
PRJDC has not acquired any new facilities or updated surveillance technology since August
20, 2012. The video monitoring system was assessed during the annual review of the staffing
plan to determine if upgrades were needed to enhance the facility’s ability to protect youth
from sexual abuse. No blind spots were identified at that time.
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)
Auditor Comments:
PRJDC FOP 10-25 PREA requires staff to report allegations of sexual abuse to local law
enforcement (the Pasco County Sheriff’s Department) for criminal investigations and to the
Florida Central Abuse Hotline and FDJJ’s Central Communication Center (CCC). PRJDC
does not have a Memorandum of Understanding or documented attempts to obtain a MOU
with the Pasco County Sheriff’s Department. During the corrective action period, the PREA
FOP was revised to require when the investigating agency arrives at the facility to conduct an
investigation, facility staff will provide and request the investigative agency to follow the DJJ
Inspector General Directive 3-05 (uniform evidence protocol that maximizes the potential for
obtaining usable physical evidence for criminal prosecution).
PREA AUDIT: AUDITOR’S FINAL REPORT 7
PRJDC is in the process of obtaining an MOU with the Sunrise of Pasco County for victim
advocacy services as verified during my telephone interview with the organization’s director.
Forensic examinations will be conducted at a local hospital by SAFE or SANE medical
examiners. Documentation was provided from the local hospital verifying that forensic exams
will be conducted by SANE or SAFE medical examiners.
Standard 115.322- Policies to Ensure Referrals of Allegations for 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)
Auditor Comments:
PRJDC FOP 10-25 PREA requires the immediate referral of all sexual abuse allegations to
local law enforcement, the Florida Abuse Hotline and CCC. In the past 12 months, PRJDC has
had no allegations of sexual abuse and has not received any allegations that occurred at another
facility. Interviews with the Superintendent and other staff verified their knowledge of the
policy’s requirements.
FDJJ’s website includes a PREA section which includes investigative responsibilities for
conducting investigations of allegations of sexual abuse.
Standard 115.331- Employees 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)
Auditor Comments:
PRJDC FOP 10-25 PREA, the training curriculum, staff training records and staff interviews
indicates staff receive PREA training during initial training and annually during refresher
training. Specific topics as outlined in the policy and the curriculum are consistent with this
standard’s requirements and is tailored to the facility’s resident population. All employees are
trained as new hires regardless of their previous experience. Employees training records were
reviewed and staff interviews verified staff comprehension of their responsibilities relating to
PREA standards.
PREA AUDIT: AUDITOR’S FINAL REPORT 8
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)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
PRJDC FOP 10-25 PREA requires volunteers and contracted providers who have contact
with residents to be trained on their responsibilities on sexual misconduct prevention,
detection, reporting and responding to sexual abuse, assault or sexual harassment. A review
of volunteer training records revealed volunteers were given a downloaded version of the
staff on-line PREA training, asked read and to sign acknowledging their understanding of
what the brochure contained regarding PREA.
During the corrective action period, the FOP 10-25 was revised to require volunteers and
contractors to be trained on their responsibilities using the PREA training course on the FDJJ
website and completion of the training is verified by an acknowledgement form which must
be signed by the volunteer/contractor and the facility’s training coordinator or shift
supervisor.
An interview with two contract providers revealed they are knowledgeable concerning their
responsibilities relative to PREA and the agency’s zero tolerance policy regarding sexual
abuse and harassment.
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)
Auditor Comments:
PRJDC FOP 10-25 PREA requires residents to receive comprehensive education regarding
the facility’s zero tolerance policy and how to report sexual abuse and sexual harassment.
Intake staff explain the PREA handout to residents and residents sign verifying the received
of the information. Documentation of resident’s signatures were reviewed and confirmed
during resident interviews. All residents interviewed stated they received this information
the same day they arrived at the facility and periodically thereafter.
Staff present the PREA information in a manner that is accessible to all residents. If needed,
the facility has internal and external resources to provide translation services, hearing and
visual impairment services for residents with disabilities or who may be limited English
proficient.
PREA AUDIT: AUDITOR’S FINAL REPORT 9
Resident interviews revealed youth have no knowledge of the victims’ advocacy service that
was recently posted in each housing module. During the corrective action period,
documentation was provided of residents’ education sessions regarding Sunrise of Pasco
County and the services they provide to victims of sexual abuse.
Standard 115.334- Specialized Training: Investigation
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
Auditor comments:
The Pasco County Sheriff’s Department and the Florida Department of Children and
Families conduct criminal investigations into allegations of sexual abuse. PRJDC does not
conduct any investigations.
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)
Auditor Comments:
PRJDC FOP 10-25 PREA requires that PREA training for all employees and specialized
training for medical and mental health staff. The facility attempted to provide this training by
having medical and mental health staff view a video on “you tube” however documentation
was not sufficient to verify compliance with this standard.
During the corrective action period, documentation was provided of the nurse’s participation
in specialized PREA training for medical and mental health staff.
The nurse does not conduct forensic examinations.
Standard 115.341- Obtaining information from 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)
PREA AUDIT: AUDITOR’S FINAL REPORT 10
Auditor Comments:
PRJDC FOP 10-25 PREA requires staff to complete the FDJJ’s Vulnerability to
Victimization and Sexually Aggressive Behavior (VSAB) form if youth arrive from the
Juvenile Assessment Center without a completed form. Documentation and resident
interviews revealed that risk screenings are being conducted however Intake staff and
resident interviews indicated residents were not asked whether they identify with being gay,
bi-sexual, transgender or intersex. Corrective action was taken to revise the form to require
the interviewer to ask the question so the response is not solely based upon the interviewer’s
perception. Documentation confirming use of the revised screening form has been verified.
Completed VSAB forms are maintained in residents’ medical files.
Standard 115.342- Placement of Residents in housing, bed, program, education and work
Assignments.
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)
Auditor Comments:
PRJDC FOP 10-25 PREA requires victimization screening information to be used to
determine a resident’s room assignment and the room’s proximity to direct care staff to
ensure resident’s safety. The facility also utilizes the Classification Alerts to ensure that staff
working directly with residents are advised if the resident is identified as being at risk for
victimization or posing a risk.
PRJDC FOP 10-25 PREA precludes lesbian, gay, bi-sexual, transgender and intersex
residents from being placed in a particular module and states that LGBTI identification or
status is not an indicator of likelihood of being sexually abusive. Transgender or intersex
resident’s own view with respect to his/her safety will be given serious consideration. Staff
interviews also verified compliance with this standard. Transgender and intersex residents
are given the opportunity to shower separately from other youth.
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)
Auditor Comments:
PRJDC FOP 10-25 PREA provides multi-ways for residents to privately report sexual abuse,
sexual harassment, retaliation and staff neglect including telling a staff member and calling
Florida Abuse Hotline. The FOP further states the facility is exempt from this standard
PREA AUDIT: AUDITOR’S FINAL REPORT 11
because it does not have administrative procedures in place for residents to report allegations
of sexual abuse and sexual harassment through the grievance procedure while FDJJ Policy
1919 PREA allows for the use of the grievance process to report allegations of sexual abuse
and sexual harassment. During the corrective action period, the following steps were taken:
FOP 10-25 was revised to allow residents to privately report sexual abuse and harassment by
completing a PREA reporting form; the PREA reporting form was developed and
implemented; and the facility installed grievance boxes for residents to deposit their PREA
reporting forms so they will not have to hand it to staff.
FOP 10-25 requires youth to have one way of reporting sexual abuse and sexual harassment
to a public or private entity or office that is not a part of the agency. Residents may call the
Florida Abuse Hotline. Signs are posted throughout the facility with the hotline number
however residents must ask staff permission to make the call. During the corrective action
period, FOP 10-25 was revised to require staff to allow residents to use a telephone to call the
hotline upon request, without having to obtain staff permission and that mandates staff not to
question residents about the reason for the call, staff are to dial the hotline number and hand
the phone to the youth and remain at a distance that allows the youth to privately report; and
documentation was provided of staff training and resident education on the implementation
of these procedures.
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)
Auditor Comments:
PRJDC FOP 10-25 PREA states the facility is exempt from this standard because it does not
have administrative procedures in place for residents to report allegations of sexual abuse and
sexual harassment through the grievance procedure while FDJJ Policy 1919 PREA allows for
the use of the grievance process to report allegations of sexual abuse and sexual harassment.
During the corrective action period, FDJJ Policy 1919 was revised to be consistent with FOP
10-2. The facility does not have administrative procedures to report allegations of sexual
abuse and sexual harassment.
Standard 115. 353- Resident Access to Outside Support Services and Legal Representation
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)
PREA AUDIT: AUDITOR’S FINAL REPORT 12
Auditor Comments:
PRJDC FOP 10-25 PREA ensures residents are provided access to outside confidential support
services. The facility is in the process of obtaining a signed MOU with Sunrise of Pasco County,
Inc. which was verified during my telephone interview with the organization’s director. She
confirmed that they provide counseling and emotional support during forensic examinations
and investigative interviews. Sunrise has not received any calls from PRJDC residents in the
past 12 months.
Signs containing the Sunrise hotline number and basic information about the service were
posted throughout the facility however resident interviews revealed they had no knowledge of
these services. During the corrective action period, documentation was provided of resident
education regarding services offered by the victims’ advocacy organization.
Attorneys and other legal representatives are provided with reasonable and private access
upon request. Residents may call their parents/legal guardians and receive visits from them
twice a week.
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)
Auditor Comments:
FDJJ’s website provides the public with information regarding third-party reporting of
sexual abuse or sexual harassment on behalf of a resident. Resident interviews revealed their
awareness of reporting sexual abuse or sexual harassment to others outside of the facility
including their parents/legal guardians.
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)
Auditor Comments:
All PRJDC staff are mandated reporters and are required by FOP-10-25 and FDJJ Policy 1919
to immediately report any knowledge, suspicion or information they receive regarding sexual
abuse and harassment, retaliation against residents or staff who report any incidents or any staff
neglect or violation of responsibilities that may have contributed to an incident or retaliation.
Random staff interviews also helped to verify the facility’s compliance with this standard.
An interview with the nurse confirmed her responsibility to inform residents 18 years old of
PREA AUDIT: AUDITOR’S FINAL REPORT 13
her duty to report and limitations of confidentiality.
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)
Auditor Comments:
PRJDC FOP 10-25 PREA requires staff to take immediate action to protect a resident when
he/she is identified as being subject to substantial risk of imminent sexual abuse. There were
no residents identified as being at risk for sexual abuse in the past 12 months, as revealed in
interviews with the Superintendent and random staff.
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)
Auditor Comments:
PRJDC FOP 10-25 PREA requires the Superintendent to notify the head of another facility
within 72 hours upon receiving an allegation that a resident was sexually abused while confined
at another facility. During the past 12 months, there were no allegations received that a resident
was abused while confined to another facility nor were there allegations of sexual abuse
received by PRJDC from other facilities.
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)
Auditor Comments:
PRJDC FOP 10-25 PREA requires staff to take specific steps to respond to a report of sexual
abuse including; separating the alleged victim from the abuser; preserving any crime scene
within a period of time that still allows for the collection of physical evidence; request the
alleged victim not take any action that could destroy physical evidence; and ensure that the
alleged abuser does not take any action to destroy physical evidence, if the abuse took place
within a time period that still allows for the collection of physical evidence. There were no
allegations of sexual abuse during the past 12 months. Random staff interviews revealed
considerable knowledge of actions to be taken upon learning that a resident was sexually
PREA AUDIT: AUDITOR’S FINAL REPORT 14
abused.
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)
Auditor Comments:
PRJDC FOP 10-25 PREA requires the development of a written plan to coordinate actions
taken in response to an incident of sexual assault among staff first responders, medical, and
facility leadership however a plan was not available. A coordinated staff response plan was
developed during the corrective action period.
Interviews with the Superintendent and other staff revealed that they are knowledgeable of
their duties in response to an allegation of sexual abuse.
Standard 115. 366- Preservation of Ability to Protect Residents from Contact with Abusers
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)
X Non-Applicable Standard
Auditor Comments:
FDJJ is not a collective bargaining agency therefore this standard is not applicable.
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)
Auditor Comments:
FDJJ Policy 1919 PREA requires the protection of residents and staff who have reported
sexual abuse or harassment or who have cooperated in a sexual abuse or sexual harassment
investigation. The monitoring will take place for a period of 90 days or longer, as needed.
The Superintendent is responsibility of monitoring retaliation. There were no incidents of
retaliation in the past 12 months.
PREA AUDIT: AUDITOR’S FINAL REPORT 15
Standard 115. 368- Post-Allegation Protective Custody
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)
Auditor Comments:
PRJDC would only restrict a resident 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.
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)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
PRJDC FOP 10-25 PREA states that FDJJ does not conduct criminal investigations of
residents’ allegations of sexual abuse. Local law enforcement (Pasco County Sheriff’s
Department) and the Florida Department of Children and Families handle criminal
investigations. FDJJ’s Office of Inspector General (OIG) reviews allegations to identify any
misconduct by staff related to FDJJ regulatory guidance.
There have been no investigations of alleged resident sexual abuse at PRJDC during past 12
months.
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)
Auditor Comments:
PRJDC FOP 10-25 PREA states the facility shall impose no standard higher than a
preponderance of the evidence in determining whether allegations of misconduct by staff is
PREA AUDIT: AUDITOR’S FINAL REPORT 16
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)
Auditor Comments:
There were no criminal or administrative investigations during the past 12 months.
Therefore, no notices have been sent to residents. PRJDC FOP 10-25 PREA requires the
Superintendent to notify residents who alleged sexual abuse when the facility learns that the
alleged abuser has been indicted on charges or convicted on a charge related to sexual abuse
within the facility. The OIG will notify residents whether the allegation has been determined
to be substantiated, unsubstantiated or unfounded.
Standard 115. 376- Disciplinary 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)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
PRJDC FOP 10-25 PREA mandates staff disciplinary sanctions up to and including
termination for violating agency’s sexual abuse or sexual harassment policies. The policy also
mandates the violation be reported to local law enforcement. No employees have been
terminated or disciplined in the past 12 months for violation of the facility’s sexual abuse or
harassment policies.
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)
Auditor Comments:
PRJDC FOP 10-25 PREA requires volunteers and contractors in violation of the facility’s
policies and procedures regarding sexual abuse and harassment of residents to be reported to
local law enforcement unless the activity was clearly not criminal and to relevant licensing
PREA AUDIT: AUDITOR’S FINAL REPORT 17
bodies. This was verified during an interview with the Superintendent. There have been no
allegations of volunteers or contractors sexual abuse or sexual harassment reported in the past
12 months.
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)
Auditor Comments:
PRJDC FOP 10-25 PREA states that residents may receive disciplinary sanctions following
an administrative finding or a criminal investigation that resident engaged in youth-on-youth
sexual abuse and sanctions shall be commensurate with the nature and circumstances of the
sexual abuse, the resident’s disciplinary history, and the sanctions imposed for comparable
offenses by other residents with similar histories. There were no administrative or criminal
findings of guilt for resident-on-resident sexual abuse in the past 12 months.
Standard 115. 381- Medical and Mental screening; 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)
Auditor Comments:
PRJDC FOP 10-25 PREA requires residents who disclose a history of sexual abuse or who
disclose previously perpetrating sexual abuse to be referred for medical and mental health
screening services within 24 hours of the screening. Staff interviews verified compliance
with this standard however documentation demonstrating the immediate notification of the
medical and mental health staff was not available. During the corrective action period,
documentation of referrals were provided.
Medical/mental health staff obtain informed consent from residents 18 years of age.
Standard 115. 382- Access to Emergency Medical and Mental Health 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)
Auditor Comments:
PRJDC FOP 10-25 PREA requires timely and unimpeded access to emergency medical
treatment, crisis intervention services and victim advocacy services. The resident victim
PREA AUDIT: AUDITOR’S FINAL REPORT 18
would be transported to a local hospital for a forensic examination at no cost to the victim.
Medical staff are required to document the response and timeliness of emergency medical
treatment and follow-up. There have been no victims of sexual abuse in the past 12 months.
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)
Auditor Comments:
PRJDC FOP 10-25 PREA requires that a medical and mental health evaluation and
treatment, as determined by medical/mental health staff, be offered to resident victims of
sexual abuse. There have been no sexual assault victims in the past 12 months however if
needed, procedures are in place as verified during staff interviews.
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)
Does Not Meet Standard (requires corrective action)
Auditor Comments:
PRJDC FOP 10-25 PREA requires the Superintendent to schedule a sexual assault incident
review team meeting within 30 days of the conclusion of each investigation. The policy
mandates review team participation to include regional office staff, Assistant
Superintendent, facility supervisor, medical and mental health staff, and OIG staff, if OIG
investigated the incident, The FDJJ PREA Coordinator will prepare a report of the review
team’s findings and submit the report to the Assistant Secretary for Detention Services,
regional office staff and the facility’s Superintendent. There were no criminal or
administrative investigations of sexual abuse in the past 12 months.
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)
Auditor Comments:
Since the on-site visit, FDJJ has developed a standardized instrument with definitions to
collect accurate, uniform data for every allegation of sexual assault. The instrument includes
PREA AUDIT: AUDITOR’S FINAL REPORT 19
the data necessary to answer all questions from the most recent version of the Survey of Sexual
violence conducted by the Department of Justice. PRJDC FOP 10-25 PREA requires CCC to
collect all data relating to PREA. A review of the annual report revealed it was completed
according to this standard.
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)
Auditor Comments:
FDJJ’s annual report for fiscal year 2013-2014 indicates 32 PREA related allegations
reported by detention centers and residential facilities throughout the agency however there
were no PREA related incidents indicated for PRJDC. The FDJJ PREA Coordinator reviews
data to improve the effectiveness of its prevention, protection and response policies, practices
and training. The annual report is made available to the public on FDJJ’s website.
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)
Auditor comments:
PRJDC FOP 10-25 PREA requires that sexual abuse and sexual harassment data to be
collected and securely retained for 10 years according with the State of Florida’s records
retention schedule. The annual report is made available to the public on FDJJ’s website.
AUDITOR CERTIFICATION:
The auditor certifies that the contents of the report are accurate to the best of her knowledge and
no conflict of interest exists with respect to her ability to conduct an audit of the agency under
review.
Auditor’s Signature Date: October 8, 2014
PREA AUDIT: AUDITOR’S FINAL REPORT 20

source: DJJ

report_type: PREA