facility_name: Okaloosa Youth Academy

summary: PREA - Year 1 Cycle 5

raw_content:
PREA Facility Audit Report: Final
Name of Facility: Okaloosa Youth Academy
Facility Type: Juvenile
Date Interim Report Submitted: NA
Date Final Report Submitted: 03/16/2026
Auditor Certification
The contents of this report are accurate to the best of my knowledge.
No conflict of interest exists with respect to my ability to conduct an audit of the
agency under review.
I have not included in the final report any personally identifiable information (PII)
about any inmate/resident/detainee or staff member, except where the names of
administrative personnel are specifically requested in the report template.
Auditor Full Name as Signed: Shirley L. Turner Date of Signature: 03/16/2026
AUDITOR INFORMATION
Auditor name: Turner, Shirley
Email: shirleyturner3199@comcast.net
Start Date of On- 01/28/2026
Site Audit:
End Date of On-Site 01/30/2026
Audit:
FACILITY INFORMATION
Facility name: Okaloosa Youth Academy
Facility physical 4455 Straight Line Road, Crestview, Florida - 32539
address:
Facility mailing
address:
Primary Contact
Name: Javarus Peoples
Email Address: Javarus.Peoples@uhsinc.com
Telephone Number: 8506891984
Superintendent/Director/Administrator
Name: Derek Peoples
Email Address: Derek.Peoples@uhsinc.com
Telephone Number: 8506891984
Facility PREA Compliance Manager
Name: Javarus Peoples
Email Address: javarus.peoples@uhsinc.com
Telephone Number: 850-689-1984
Facility Health Service Administrator On-Site
Name: Kortney Gilmore
Email Address: Kortney.Gilmore@uhsinc.com
Telephone Number: 506891984
Facility Characteristics
Designed facility capacity: 77
Current population of facility: 77
Average daily population for the past 12 70
months:
Has the facility been over capacity at any No
point in the past 12 months?
What is the facility’s population Men/boys
designation?
Age range of population: 12-18
Facility security levels/resident custody Level 6 non-secure
levels:
Number of staff currently employed at the 100
facility who may have contact with
residents:
Number of individual contractors who have 2
contact with residents, currently
authorized to enter the facility:
Number of volunteers who have contact 0
with residents, currently authorized to
enter the facility:
AGENCY INFORMATION
Name of agency: Gulf Coast Youth Services, Inc.
Governing authority
or parent agency (if
applicable):
Physical Address: 1015 Mar Walt Drive, Fort Walton Beach, Florida - 32547
Mailing Address:
Telephone number:
Agency Chief Executive Officer Information:
Name:
Email Address:
Telephone Number:
Agency-Wide PREA Coordinator Information
Name: Nee-Cole Barnes Email Address: neecole.barnes@uhsinc.com
Facility AUDIT FINDINGS
Summary of Audit Findings
The OAS automatically populates the number and list of Standards exceeded, the number of
Standards met, and the number and list of Standards not met.
Auditor Note: In general, no standards should be found to be "Not Applicable" or "NA." A
compliance determination must be made for each standard. In rare instances where an auditor
determines that a standard is not applicable, the auditor should select "Meets Standard” and
include a comprehensive discussion as to why the standard is not applicable to the facility being
audited.
Number of standards exceeded:
0
Number of standards met:
43
Number of standards not met:
0
POST-AUDIT REPORTING INFORMATION
Please note: Question numbers may not appear sequentially as some
questions are omitted from the report and used solely for internal
reporting purposes.
GENERAL AUDIT INFORMATION
On-site Audit Dates
1. Start date of the onsite portion of the 2026-01-28
audit:
2. End date of the onsite portion of the 2026-01-30
audit:
Outreach
10. Did you attempt to communicate Yes
with community-based organization(s)
or victim advocates who provide
No
services to this facility and/or who may
have insight into relevant conditions in
the facility?
a. Identify the community-based Emerald Coast Children's Advocacy Center -
organization(s) or victim advocates with Niceville, Florida
whom you communicated:
AUDITED FACILITY INFORMATION
14. Designated facility capacity: 77
15. Average daily population for the past 77
12 months:
16. Number of inmate/resident/detainee 6
housing units:
17. Does the facility ever hold youthful Yes
inmates or youthful/juvenile detainees?
No
Not Applicable for the facility type audited
(i.e., Community Confinement Facility or
Juvenile Facility)
Audited Facility Population Characteristics on Day One of the Onsite
Portion of the Audit
Inmates/Residents/Detainees Population Characteristics on Day One of the Onsite Portion
of the Audit
23. Enter the total number of inmates/ 65
residents/detainees in the facility as of
the first day of onsite portion of the
audit:
25. Enter the total number of inmates/ 0
residents/detainees with a physical
disability in the facility as of the first
day of the onsite portion of the audit:
26. Enter the total number of inmates/ 4
residents/detainees with a cognitive or
functional disability (including
intellectual disability, psychiatric
disability, or speech disability) in the
facility as of the first day of the onsite
portion of the audit:
27. Enter the total number of inmates/ 0
residents/detainees who are Blind or
have low vision (visually impaired) in the
facility as of the first day of the onsite
portion of the audit:
28. Enter the total number of inmates/ 1
residents/detainees who are Deaf or
hard-of-hearing in the facility as of the
first day of the onsite portion of the
audit:
29. Enter the total number of inmates/ 0
residents/detainees who are Limited
English Proficient (LEP) in the facility as
of the first day of the onsite portion of
the audit:
30. Enter the total number of inmates/ 1
residents/detainees who identify as
lesbian, gay, or bisexual in the facility as
of the first day of the onsite portion of
the audit:
31. Enter the total number of inmates/ 0
residents/detainees who identify as
transgender or intersex in the facility as
of the first day of the onsite portion of
the audit:
32. Enter the total number of inmates/ 0
residents/detainees who reported sexual
abuse in the facility as of the first day of
the onsite portion of the audit:
33. Enter the total number of inmates/ 0
residents/detainees who disclosed prior
sexual victimization during risk
screening in the facility as of the first
day of the onsite portion of the audit:
34. Enter the total number of inmates/ 0
residents/detainees who were ever
placed in segregated housing/isolation
for risk of sexual victimization in the
facility as of the first day of the onsite
portion of the audit:
35. Provide any additional comments No text provided.
regarding the population characteristics
of inmates/residents/detainees in the
facility as of the first day of the onsite
portion of the audit (e.g., groups not
tracked, issues with identifying certain
populations):
Staff, Volunteers, and Contractors Population Characteristics on Day One of the Onsite
Portion of the Audit
36. Enter the total number of STAFF, 100
including both full- and part-time staff,
employed by the facility as of the first
day of the onsite portion of the audit:
37. Enter the total number of 0
VOLUNTEERS assigned to the facility as
of the first day of the onsite portion of
the audit who have contact with
inmates/residents/detainees:
38. Enter the total number of 7
CONTRACTORS assigned to the facility as
of the first day of the onsite portion of
the audit who have contact with
inmates/residents/detainees:
39. Provide any additional comments No text provided.
regarding the population characteristics
of staff, volunteers, and contractors who
were in the facility as of the first day of
the onsite portion of the audit:
INTERVIEWS
Inmate/Resident/Detainee Interviews
Random Inmate/Resident/Detainee Interviews
40. Enter the total number of RANDOM 16
INMATES/RESIDENTS/DETAINEES who
were interviewed:
41. Select which characteristics you Age
considered when you selected RANDOM
INMATE/RESIDENT/DETAINEE Race
interviewees: (select all that apply)
Ethnicity (e.g., Hispanic, Non-Hispanic)
Length of time in the facility
Housing assignment
Gender
Other
None
42. How did you ensure your sample of Reviewed the population sheet and randomly
RANDOM INMATE/RESIDENT/DETAINEE selected names from each living unit
interviewees was geographically considering age, race, ethnicity, length of
diverse? time in the facility and targeting the sub-
groups of the vulnerable categories. Observed
and spoke with residents during the
comprehensive site review to double check
for balance of the random selections. Also,
conferred with staff regarding the random
selections to get additional background
information as deemed necessary to get the
most geographically diverse sample.
43. Were you able to conduct the Yes
minimum number of random inmate/
resident/detainee interviews?
No
44. Provide any additional comments No text provided.
regarding selecting or interviewing
random inmates/residents/detainees
(e.g., any populations you oversampled,
barriers to completing interviews,
barriers to ensuring representation):
Targeted Inmate/Resident/Detainee Interviews
45. Enter the total number of TARGETED 4
INMATES/RESIDENTS/DETAINEES who
were interviewed:
As stated in the PREA Auditor Handbook, the breakdown of targeted interviews is intended to
guide auditors in interviewing the appropriate cross-section of inmates/residents/detainees who
are the most vulnerable to sexual abuse and sexual harassment. When completing questions
regarding targeted inmate/resident/detainee interviews below, remember that an interview with
one inmate/resident/detainee may satisfy multiple targeted interview requirements. These
questions are asking about the number of interviews conducted using the targeted inmate/
resident/detainee protocols. For example, if an auditor interviews an inmate who has a physical
disability, is being held in segregated housing due to risk of sexual victimization, and disclosed
prior sexual victimization, that interview would be included in the totals for each of those
questions. Therefore, in most cases, the sum of all the following responses to the targeted
inmate/resident/detainee interview categories will exceed the total number of targeted inmates/
residents/detainees who were interviewed. If a particular targeted population is not applicable in
the audited facility, enter "0".
47. Enter the total number of interviews 0
conducted with inmates/residents/
detainees with a physical disability using
the "Disabled and Limited English
Proficient Inmates" protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Reviewed population sheet, sample of
to determine if this population exists in resident files, observed population, and
the audited facility (e.g., based on conferred with staff.
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
48. Enter the total number of interviews 2
conducted with inmates/residents/
detainees with a cognitive or functional
disability (including intellectual
disability, psychiatric disability, or
speech disability) using the "Disabled
and Limited English Proficient Inmates"
protocol:
49. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who are Blind or have low
vision (i.e., visually impaired) using the
"Disabled and Limited English Proficient
Inmates" protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Reviewed sample of resident files, observed
to determine if this population exists in population, and conferred with staff.
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
50. Enter the total number of interviews 1
conducted with inmates/residents/
detainees who are Deaf or hard-of-
hearing using the "Disabled and Limited
English Proficient Inmates" protocol:
51. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who are Limited English
Proficient (LEP) using the "Disabled and
Limited English Proficient Inmates"
protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Reviewed population sheet and sample of
to determine if this population exists in resident files, observed population, and
the audited facility (e.g., based on conferred with staff.
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
52. Enter the total number of interviews 1
conducted with inmates/residents/
detainees who identify as lesbian, gay,
or bisexual using the "Transgender and
Intersex Inmates; Gay, Lesbian, and
Bisexual Inmates" protocol:
53. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who identify as transgender
or intersex using the "Transgender and
Intersex Inmates; Gay, Lesbian, and
Bisexual Inmates" protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Reviewed population sheet, sample of
to determine if this population exists in resident files, observed population, and
the audited facility (e.g., based on conferred with staff.
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
54. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who reported sexual abuse in
this facility using the "Inmates who
Reported a Sexual Abuse" protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Reviewed sample of resident files and
to determine if this population exists in conferred with staff.
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
55. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who disclosed prior sexual
victimization during risk screening using
the "Inmates who Disclosed Sexual
Victimization during Risk Screening"
protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Reviewed sample of resident files and
to determine if this population exists in conferred with staff.
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
56. Enter the total number of interviews 0
conducted with inmates/residents/
detainees who are or were ever placed
in segregated housing/isolation for risk
of sexual victimization using the
"Inmates Placed in Segregated Housing
(for Risk of Sexual Victimization/Who
Allege to have Suffered Sexual Abuse)"
protocol:
a. Select why you were unable to Facility said there were "none here" during
conduct at least the minimum required the onsite portion of the audit and/or the
number of targeted inmates/residents/ facility was unable to provide a list of these
detainees in this category: inmates/residents/detainees.
The inmates/residents/detainees in this
targeted category declined to be interviewed.
b. Discuss your corroboration strategies Isolation is not used in the facility.
to determine if this population exists in
the audited facility (e.g., based on
information obtained from the PAQ;
documentation reviewed onsite; and
discussions with staff and other inmates/
residents/detainees).
57. Provide any additional comments No text provided.
regarding selecting or interviewing
targeted inmates/residents/detainees
(e.g., any populations you oversampled,
barriers to completing interviews):
Staff, Volunteer, and Contractor Interviews
Random Staff Interviews
58. Enter the total number of RANDOM 13
STAFF who were interviewed:
59. Select which characteristics you Length of tenure in the facility
considered when you selected RANDOM
STAFF interviewees: (select all that Shift assignment
apply)
Work assignment
Rank (or equivalent)
Other (e.g., gender, race, ethnicity,
languages spoken)
None
60. Were you able to conduct the Yes
minimum number of RANDOM STAFF
interviews?
No
61. Provide any additional comments No text provided.
regarding selecting or interviewing
random staff (e.g., any populations you
oversampled, barriers to completing
interviews, barriers to ensuring
representation):
Specialized Staff, Volunteers, and Contractor Interviews
Staff in some facilities may be responsible for more than one of the specialized staff duties.
Therefore, more than one interview protocol may apply to an interview with a single staff
member and that information would satisfy multiple specialized staff interview requirements.
62. Enter the total number of staff in a 8
SPECIALIZED STAFF role who were
interviewed (excluding volunteers and
contractors):
63. Were you able to interview the Yes
Agency Head?
No
64. Were you able to interview the Yes
Warden/Facility Director/Superintendent
or their designee?
No
65. Were you able to interview the PREA Yes
Coordinator?
No
66. Were you able to interview the PREA Yes
Compliance Manager?
No
NA (NA if the agency is a single facility
agency or is otherwise not required to have a
PREA Compliance Manager per the Standards)
67. Select which SPECIALIZED STAFF Agency contract administrator
roles were interviewed as part of this
audit from the list below: (select all that Intermediate or higher-level facility staff
apply) responsible for conducting and documenting
unannounced rounds to identify and deter
staff sexual abuse and sexual harassment
Line staff who supervise youthful inmates
(if applicable)
Education and program staff who work with
youthful inmates (if applicable)
Medical staff
Mental health staff
Non-medical staff involved in cross-gender
strip or visual searches
Administrative (human resources) staff
Sexual Assault Forensic Examiner (SAFE) or
Sexual Assault Nurse Examiner (SANE) staff
Investigative staff responsible for
conducting administrative investigations
Investigative staff responsible for
conducting criminal investigations
Staff who perform screening for risk of
victimization and abusiveness
Staff who supervise inmates in segregated
housing/residents in isolation
Staff on the sexual abuse incident review
team
Designated staff member charged with
monitoring retaliation
First responders, both security and non-
security staff
Intake staff
Other
If "Other," provide additional specialized Training Officer
staff roles interviewed:
68. Did you interview VOLUNTEERS who Yes
may have contact with inmates/
residents/detainees in this facility?
No
69. Did you interview CONTRACTORS Yes
who may have contact with inmates/
residents/detainees in this facility?
No
a. Enter the total number of 2
CONTRACTORS who were interviewed:
b. Select which specialized CONTRACTOR Security/detention
role(s) were interviewed as part of this
audit from the list below: (select all that Education/programming
apply)
Medical/dental
Food service
Maintenance/construction
Other
70. Provide any additional comments No text provided.
regarding selecting or interviewing
specialized staff.
SITE REVIEW AND DOCUMENTATION SAMPLING
Site Review
PREA Standard 115.401 (h) states, "The auditor shall have access to, and shall observe, all areas
of the audited facilities." In order to meet the requirements in this Standard, the site review
portion of the onsite audit must include a thorough examination of the entire facility. The site
review is not a casual tour of the facility. It is an active, inquiring process that includes talking
with staff and inmates to determine whether, and the extent to which, the audited facility's
practices demonstrate compliance with the Standards. Note: As you are conducting the site
review, you must document your tests of critical functions, important information gathered
through observations, and any issues identified with facility practices. The information you
collect through the site review is a crucial part of the evidence you will analyze as part of your
compliance determinations and will be needed to complete your audit report, including the Post-
Audit Reporting Information.
71. Did you have access to all areas of Yes
the facility?
No
Was the site review an active, inquiring process that included the following:
72. Observations of all facility practices Yes
in accordance with the site review
component of the audit instrument (e.g.,
No
signage, supervision practices, cross-
gender viewing and searches)?
73. Tests of all critical functions in the Yes
facility in accordance with the site
review component of the audit
No
instrument (e.g., risk screening process,
access to outside emotional support
services, interpretation services)?
74. Informal conversations with inmates/ Yes
residents/detainees during the site
review (encouraged, not required)?
No
75. Informal conversations with staff Yes
during the site review (encouraged, not
required)?
No
76. Provide any additional comments No text provided.
regarding the site review (e.g., access to
areas in the facility, observations, tests
of critical functions, or informal
conversations).
Documentation Sampling
Where there is a collection of records to review-such as staff, contractor, and volunteer training
records; background check records; supervisory rounds logs; risk screening and intake
processing records; inmate education records; medical files; and investigative files-auditors must
self-select for review a representative sample of each type of record.
77. In addition to the proof Yes
documentation selected by the agency
or facility and provided to you, did you
No
also conduct an auditor-selected
sampling of documentation?
78. Provide any additional comments No text provided.
regarding selecting additional
documentation (e.g., any documentation
you oversampled, barriers to selecting
additional documentation, etc.).
SEXUAL ABUSE AND SEXUAL HARASSMENT ALLEGATIONS AND
INVESTIGATIONS IN THIS FACILITY
Sexual Abuse and Sexual Harassment Allegations and Investigations
Overview
Remember the number of allegations should be based on a review of all sources of allegations
(e.g., hotline, third-party, grievances) and should not be based solely on the number of
investigations conducted. Note: For question brevity, we use the term “inmate” in the following
questions. Auditors should provide information on inmate, resident, or detainee sexual abuse
allegations and investigations, as applicable to the facility type being audited.
79. Total number of SEXUAL ABUSE allegations and investigations overview during
the 12 months preceding the audit, by incident type:
# of allegations
# of
# of that had both
sexual # of criminal
administrative criminal and
abuse investigations
investigations administrative
allegations
investigations
Inmate- 0 0 0 0
on-
inmate
sexual
abuse
Staff- 0 0 0 0
on-
inmate
sexual
abuse
Total 0 0 0 0
80. Total number of SEXUAL HARASSMENT allegations and investigations overview
during the 12 months preceding the audit, by incident type:
# of allegations
# of sexual # of that had both
# of criminal
harassment administrative criminal and
investigations
allegations investigations administrative
investigations
Inmate-on- 1 1 1 1
inmate
sexual
harassment
Staff-on- 0 0 0 0
inmate
sexual
harassment
Total 1 1 1 1
Sexual Abuse and Sexual Harassment Investigation Outcomes
Sexual Abuse Investigation Outcomes
Note: these counts should reflect where the investigation is currently (i.e., if a criminal
investigation was referred for prosecution and resulted in a conviction, that investigation
outcome should only appear in the count for “convicted.”) Do not double count. Additionally, for
question brevity, we use the term “inmate” in the following questions. Auditors should provide
information on inmate, resident, and detainee sexual abuse investigation files, as applicable to
the facility type being audited.
81. Criminal SEXUAL ABUSE investigation outcomes during the 12 months preceding
the audit:
Referred Indicted/
Convicted/
Ongoing for Court Case Acquitted
Adjudicated
Prosecution Filed
Inmate-on- 0 0 0 0 0
inmate sexual
abuse
Staff-on- 0 0 0 0 0
inmate sexual
abuse
Total 0 0 0 0 0
82. Administrative SEXUAL ABUSE investigation outcomes during the 12 months
preceding the audit:
Ongoing Unfounded Unsubstantiated Substantiated
Inmate-on-inmate 0 0 0 0
sexual abuse
Staff-on-inmate 0 0 0 0
sexual abuse
Total 0 0 0 0
Sexual Harassment Investigation Outcomes
Note: these counts should reflect where the investigation is currently. Do not double count.
Additionally, for question brevity, we use the term “inmate” in the following questions. Auditors
should provide information on inmate, resident, and detainee sexual harassment investigation
files, as applicable to the facility type being audited.
83. Criminal SEXUAL HARASSMENT investigation outcomes during the 12 months
preceding the audit:
Indicted/
Referred
Court Convicted/
Ongoing for Acquitted
Case Adjudicated
Prosecution
Filed
Inmate-on- 0 0 0 0 0
inmate sexual
harassment
Staff-on- 0 0 0 0 0
inmate sexual
harassment
Total 0 0 0 0 0
84. Administrative SEXUAL HARASSMENT investigation outcomes during the 12
months preceding the audit:
Ongoing Unfounded Unsubstantiated Substantiated
Inmate-on-inmate 0 0 1 0
sexual
harassment
Staff-on-inmate 0 0 0 0
sexual
harassment
Total 0 0 1 0
Sexual Abuse and Sexual Harassment Investigation Files Selected for
Review
Sexual Abuse Investigation Files Selected for Review
85. Enter the total number of SEXUAL 0
ABUSE investigation files reviewed/
sampled:
a. Explain why you were unable to There were no allegations of sexual abuse
review any sexual abuse investigation during this audit period.
files:
86. Did your selection of SEXUAL ABUSE Yes
investigation files include a cross-
section of criminal and/or administrative
No
investigations by findings/outcomes?
NA (NA if you were unable to review any
sexual abuse investigation files)
Inmate-on-inmate sexual abuse investigation files
87. Enter the total number of INMATE- 0
ON-INMATE SEXUAL ABUSE investigation
files reviewed/sampled:
88. Did your sample of INMATE-ON- Yes
INMATE SEXUAL ABUSE investigation
files include criminal investigations?
No
NA (NA if you were unable to review any
inmate-on-inmate sexual abuse investigation
files)
89. Did your sample of INMATE-ON- Yes
INMATE SEXUAL ABUSE investigation
files include administrative
No
investigations?
NA (NA if you were unable to review any
inmate-on-inmate sexual abuse investigation
files)
Staff-on-inmate sexual abuse investigation files
90. Enter the total number of STAFF-ON- 0
INMATE SEXUAL ABUSE investigation
files reviewed/sampled:
91. Did your sample of STAFF-ON-INMATE Yes
SEXUAL ABUSE investigation files
include criminal investigations?
No
NA (NA if you were unable to review any
staff-on-inmate sexual abuse investigation
files)
92. Did your sample of STAFF-ON-INMATE Yes
SEXUAL ABUSE investigation files
include administrative investigations?
No
NA (NA if you were unable to review any
staff-on-inmate sexual abuse investigation
files)
Sexual Harassment Investigation Files Selected for Review
93. Enter the total number of SEXUAL 1
HARASSMENT investigation files
reviewed/sampled:
94. Did your selection of SEXUAL Yes
HARASSMENT investigation files include
a cross-section of criminal and/or
No
administrative investigations by
findings/outcomes?
NA (NA if you were unable to review any
sexual harassment investigation files)
Inmate-on-inmate sexual harassment investigation files
95. Enter the total number of INMATE- 1
ON-INMATE SEXUAL HARASSMENT
investigation files reviewed/sampled:
96. Did your sample of INMATE-ON- Yes
INMATE SEXUAL HARASSMENT files
include criminal investigations?
No
NA (NA if you were unable to review any
inmate-on-inmate sexual harassment
investigation files)
97. Did your sample of INMATE-ON- Yes
INMATE SEXUAL HARASSMENT
investigation files include administrative
No
investigations?
NA (NA if you were unable to review any
inmate-on-inmate sexual harassment
investigation files)
Staff-on-inmate sexual harassment investigation files
98. Enter the total number of STAFF-ON- 0
INMATE SEXUAL HARASSMENT
investigation files reviewed/sampled:
99. Did your sample of STAFF-ON-INMATE Yes
SEXUAL HARASSMENT investigation files
include criminal investigations?
No
NA (NA if you were unable to review any
staff-on-inmate sexual harassment
investigation files)
100. Did your sample of STAFF-ON- Yes
INMATE SEXUAL HARASSMENT
investigation files include administrative
No
investigations?
NA (NA if you were unable to review any
staff-on-inmate sexual harassment
investigation files)
101. Provide any additional comments No text provided.
regarding selecting and reviewing
sexual abuse and sexual harassment
investigation files.
SUPPORT STAFF INFORMATION
DOJ-certified PREA Auditors Support Staff
102. Did you receive assistance from any Yes
DOJ-CERTIFIED PREA AUDITORS at any
point during this audit? REMEMBER: the
No
audit includes all activities from the pre-
onsite through the post-onsite phases to
the submission of the final report. Make
sure you respond accordingly.
Non-certified Support Staff
103. Did you receive assistance from any Yes
NON-CERTIFIED SUPPORT STAFF at any
point during this audit? REMEMBER: the
No
audit includes all activities from the pre-
onsite through the post-onsite phases to
the submission of the final report. Make
sure you respond accordingly.
AUDITING ARRANGEMENTS AND COMPENSATION
108. Who paid you to conduct this audit? The audited facility or its parent agency
My state/territory or county government
employer (if you audit as part of a consortium
or circular auditing arrangement, select this
option)
A third-party auditing entity (e.g.,
accreditation body, consulting firm)
Other
Identify the name of the third-party Correctional Management and
auditing entity Communications Group, LLC
Standards
Auditor Overall Determination Definitions
• Exceeds Standard
(Substantially exceeds requirement of standard)
• Meets Standard
(substantial compliance; complies in all material ways with the stand for the relevant
review period)
• Does Not Meet Standard
(requires corrective actions)
Auditor Discussion Instructions
Auditor discussion, including the evidence relied upon in making the compliance or non-
compliance determination, the auditor’s analysis and reasoning, and the auditor’s conclusions.
This discussion must also include corrective action recommendations where the facility does not
meet standard. These recommendations must be included in the Final Report, accompanied by
information on specific corrective actions taken by the facility.
Zero tolerance of sexual abuse and sexual harassment; PREA
115.311
coordinator
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, Prison Rape Elimination Act (PREA) Procedures
Facility Policy 13.00, Juvenile Prison Rape Elimination Act (PREA)
Facility Organization Chart
Interviews:
PREA Coordinator/Compliance Manager
Provision (a):
An agency shall have a written policy mandating zero tolerance toward all
forms of sexual abuse and sexual harassment and outlining the agency’s
approach to preventing, detecting, and responding to such conduct.
The Okaloosa Youth Academy is a Florida Department of Juvenile Justice (DJJ)
residential facility for juvenile offenders located in Crestview, Florida. The facility is
managed by Gulf Coast Treatment Center through a contract with DJJ. There is a DJJ
overarching PREA Policy, FDJJ 1919, Prison Rape Elimination Act Procedures, that all
state-run and contract facilities must adhere to and align their policies, procedures,
and practices with the DJJ PREA policy. Under the umbrella and through the direction
of policy FDJJ 1919 each state-run and contract facility must adhere to the PREA
standards and maintain PREA compliance.
A review of the written agency and facility policies and procedures are aligned and
mandate zero tolerance toward all forms of sexual abuse and sexual harassment in
facilities, whether state-run or a facility managed by a private provider or
contractor. The preamble to FDJJ 1919 Procedures, page 4, state, "All of the
following procedures have been established in alignment with the national
standards to prevent, detect, and respond to prison rape under the PREA Rape
Elimination Act." Aligned with the FDJJ 1919 preamble, facility policy 13.00, page 1,
states, "The purpose of this policy is to mandate a zero tolerance towards all forms
of sexual abuse and sexual harassment, demonstrate implementation, include
definitions, sanctions, and strategies to reduce and prevent sexual abuse and
harassment of youth."
A review of the agency and facility policies, which are used together, individually,
and interchangeably, provide guidance to staff regarding the facility’s approach to
preventing, detecting, and responding to conduct that violates the zero-tolerance
approach regarding all forms of sexual abuse and sexual harassment. The policies
outline how the facility staff and processes implements the approach to preventing,
detecting, and responding to sexual abuse and sexual harassment. Both policies
include the definitions of prohibited behaviors of sexual abuse and sexual
harassment. The policies also include sanctions for individuals found to have
participated in the prohibited behaviors. The policies include descriptions of
strategies and responses to reduce and prevent sexual abuse and sexual
harassment of residents including but not limited to staff training, resident
education, assessments and reassessments, and reporting methods and processes.
The identified policies also include responding to sexual abuse and sexual
harassment through community advocacy services and investigations.
Conclusion:
Based upon the review and analysis of the policies, it was determined there is
compliance with this provision.
Provision (b):
An agency shall employ or designate an upper-level, agency-wide PREA
Coordinator with sufficient time and authority to develop, implement, and
oversee agency efforts to comply with the PREA standards in all of its
facilities.
The practice is that the assistant superintendent has been designated by the
superintendent as the PREA Coordinator/Compliance Manager of the facility. Policy
13.00, page 1, was updated during the pre-onsite audit phase to reflect the practice
of the assistant superintendent serving as the PREA Coordinator/Compliance
Manager rather than the superintendent serving as the PREA Coordinator. The PREA
Coordinator has direct contact with the superintendent regarding PREA related
issues. The assistant superintendent's interview provided that he has the time and
observations and interactions demonstrated he has the authority to develop,
implement, and oversee the efforts to comply with the PREA standards. Also,
according to the interview with the PREA Compliance Manager/Compliance
Manager, the facility's efforts to comply with the PREA standards is accomplished
through teamwork among the staff and community outreach was important
regarding cooperation to meet specific standards. Observations of interactions,
communication, and casual conversations with staff confirmed the PREA Coordinator
has the support of the Executive Director of Gulf Coast Treatment Center, facility
superintendent and staff, and the DJJ statewide PREA Coordinator.
The agency policy FDJJ 1919 also provides for a statewide PREA Coordinator in
upper level management. The DJJ statewide PREA Coordinator is in direct contact
with the Assistant Secretary of the agency. He is responsible for managing PREA
compliance in the state-run and contract facilities statewide. During the interview,
he revealed, "My sole responsibility is PREA compliance for our residential and
detention facilities and I feel that I do have enough time to manage those
responsibilities. When asked, If he identifies an issue with complying with a PREA
standard, what actions/process does he use to comply with the standard, the
following response was provided. "I have an excellent working relationship with all
PREA Compliance Managers and maintain open lines of communication. They know
they can email or call me anytime and I will always be responsive to them. I provide
technical assistance, documentation, and training as necessary to ensure all
facilities in Florida are compliant. As a Certified DOJ PREA auditor I have access to
many resources to assist with the compliance of the Juvenile PREA standards." The
DJJ statewide PREA Coordinator collaborates with the superintendent and the facility
PREA Coordinator regarding PREA related issues. Both PREA Coordinators have
knowledge of the standards and their implementation and the audit processes as
determined from interviews, data gathering, and the audit process.
Conclusion:
Based upon the review and analysis of the policies, it was determined there is
compliance with this provision.
Provision (c):
Where an agency operates more than one facility, each facility shall
designate a PREA Compliance Manager with sufficient time and authority
to coordinate the facility’s efforts to comply with the PREA standards.
The Gulf Coast Treatment Center only operates one facility in the State of Florida
that provides residential services for juvenile offenders. The agency has chosen to
operate with the assistant superintendent performing in the role as PREA
Coordinator/PREA Compliance Manager. The interview revealed he has sufficient
time to perform the duties in the role of PREA Coordinator/Compliance Manager. The
organization chart shows he operates directly under the superintendent.
Observations revealed the PREA Compliance Manager has the authority to
coordinate the facilities PREA efforts.
Informal conversations with staff during the comprehensive site review, revealed
staff awareness of the role of the PREA Coordinator/Compliance Manager.
Observations and informal conservations confirmed he has the support of facility
staff, corporate management staff and the DJJ statewide PREA Coordinator. The
facility and agency policies provide for the designation of a PREA Compliance
Manager within the facility incorporating measures to adhere to the PREA
standards.
Conclusion:
Based upon the review and analysis of the policies, it was determined there is
compliance with this provision.
115.312 Contracting with other entities for the confinement of residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA Procedures
Residential Providers Data Sheet
Provider Contract
Provider PREA Audit Reports
Pre-Audit Questionnaire (PAQ)
Interview:
Agency Contract Administrator
Provision (a):
A public agency that contracts for the confinement of its residents with
private agencies or other entities, including other government agencies,
shall include in any new contract or contract renewal the entity’s
obligation to adopt and comply with the PREA standards.
According to the PAQ, the agency has entered into or renewed a contract for the
confinement of residents on or after since the last PREA audit. The public agency,
Florida Department of Juvenile Justice, contracts for residential services for juvenile
offenders. All 32 providers maintain contracts, p. 3, that provide for the adoption
and compliance with the PREA standards. Agency policy FDJJ 1919, p.2, states, "All
new contracts, amended contracts, or contracts renewed after the effective date of
this policy shall include the contracting entity’s obligation to adopt and comply with
the PREA standards outlined in this policy, procedures, and any subsequent
administrative rule for any confinement services provided on behalf of the
Department."
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined compliance with this provision.
Provision (b):
Any new contract or contract renewal shall provide for agency contract
monitoring to ensure that the contractor is complying with the PREA
standards.
According to the PAQ, all of the contracts with the 32 providers require the agency
to monitor the contractor's compliance with PREA standards. Contracts exist that
inform the providers of the requirements by the Florida Department of Juvenile
Justice to comply with the PREA Standards and participate in PREA audits. The
practice was also confirmed by completed PREA audit reports for this facility and
other contract facilities. According to FDJJ 1919, "Contracted providers will be
subject to PREA audits, including contract monitoring, to ensure compliance."
The interview with the agency contract administrator revealed, regarding
monitoring contracts, that monitoring is mandated for all contracts. She further
stated, "It is mandated in all of our contracts for private providers. The PREA
coordinator is responsible for monitoring and providing a copy of the completed
PREA audit to my office. The interview confirmed the PREA compliance results have
been completed for each contract entered into an agreement in the past 12 months.
The agency contract administrator concluded the interview affirming, "The PREA
coordinator provides my office with an excel document of each audit schedule for
the three-year cycle and a copy of the completed audit. I have a copy of each audit
for the last three years."
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined compliance with this provision.
115.313 Supervision and monitoring
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
PREA Pre-Audit Questionnaire (PAQ)
Staffing Plan
Annual Staffing Plan Assessments
Unannounced Rounds Forms
Interviews:
Superintendent
PREA Coordinator/Compliance Manager
Provision (a):
The agency shall ensure that each facility it operates shall develop,
implement, and document a staffing plan that provides for adequate levels
of staffing, and, where applicable, video monitoring, to protect residents
against sexual abuse. In calculating adequate staffing levels and
determining the need for video monitoring, facilities shall take into
consideration:
(1) Generally accepted juvenile detention and correctional/secure
residential practices;
(2) Any judicial findings of inadequacy;
(3) Any findings of inadequacy from Federal investigative agencies;
(4) Any findings of inadequacy from internal or external oversight bodies;
(5) All components of the facility’s physical plant (including “blind spots”
or areas where staff or residents may be isolated);
(6) The composition of the resident population;
(7) The number and placement of supervisory staff;
(8) Institution programs occurring on a particular shift;
(9) Any applicable State or local laws, regulations, or standards;
(10) The prevalence of substantiated and unsubstantiated incidents of
sexual abuse; and
(11) Any other relevant factors.
According to the PAQ: The facility ensures that it developed, implemented, and
documented a staffing plan that provides for adequate levels of staffing, and, where
applicable, video monitoring, to protect residents against sexual abuse. Since the
last PREA audit the average daily number of residents was 70. Since the last PREA
audit, the average daily number of residents on which the staffing plan was
predicated is 77.
The interview with the superintendent revealed the staffing ration is listed in the
contract between the provider ant the Department of Juvenile Justice (DJJ).
Additionally, he stated there is regular collaboration with the two assistant
superintendents to ensure the maintenance of the staffing levels mandated in the
contract and that cameras remain in working order at all times. The written staffing
plan, maintained by the superintendent, generally contains the elements outlined in
the standard through the implementation of a corrective action which referenced
any findings of inadequacy from DJJ monitoring; any blind spots; composition of the
resident population; and programs occurring on a particular shift. He shared that he
checks for compliance with the staffing plan by regularly conferring with the
assistant superintendents.
The PREA Coordinator/Compliance Manager discussed the components of the
staffing plan as outlined on the interview protocol and managed the corrective
action to include the elements that were initially missing from the plan. He stated
there is a connection to maintaining a secure facility to support the other
components of the staffing plan. He described the resident population and
programming on particular shifts correlating to the number and placement of
supervisory staff. The population consists of residents with behavioral and mental
health, substance abuse, or sex offender needs.
The staffing plan addresses maintaining the staffing ratios and the staffing plan
outlines the staffing requirements. The facility’s staffing plan, internal controls, and
management ensures that the PREA ratios of 1:8 during the waking hours and 1:16
during the sleeping hours are maintained. The internal staffing ratios, in accordance
with the contract, are stated in the staffing plan which are 1:8 during the awake
hours and 1:10 during the sleeping hours. Direct supervision is provided to residents
during the daily activities and program services as observed by the auditor during
the comprehensive site review and subsequent walkthroughs. In addition to the
direct care staff, facility practice provides for additional supervision by other staff in
a supportive role. Observations during the comprehensive site review and
subsequent walkthroughs and the interviews indicated the staffing ratios are
maintained. The camera system is located in the control room and is constantly
monitored by the control room operator assigned for each shift.
The work schedules ensured the staffing ratios were met. The auditor observed the
staffing ratios met during the comprehensive site review where residents were in
classrooms, weight room, treatment team and individual meetings, and working in
the cafeteria/kitchen. The facility does not use isolation. Each housing unit or
dormitory has a dayroom area and bathroom facilities are located on each
dormitory. The staff line of sight was observed to be adequate. The bathrooms
provide a reasonable amount of privacy for the residents.
The facility has the dot system which indicates where residents are not allowed;
allowed with staff supervision; or allowed to move in and out without direct
supervision. Colored dots are painted above doors: red means no residents are
allowed; yellow dots mean residents are allowed with staff supervision; and a green
dot means residents may move in and out without direct staff supervision. Staff
presence is used for any identified blind spots. The facility has a total of 116
cameras that are located in admissions; cafeteria; kitchen; day rooms; classrooms;
laundry; outside perimeter; and recreation area. There are no cameras located in
the sleeping rooms and bathrooms and they cannot be viewed on camera as
observed from monitoring the cameras in the control room. Direct care staff were
observed providing sight and sound supervision during the onsite audit process and
stated as practice during informal conversations with random staff.
Conclusion:
Based upon the review and analysis of the available evidence and the staff
interview, the Auditor determined the facility is adhering to this provision.
Provision (b):
The agency shall comply with the staffing plan except during limited and
discrete exigent circumstances, and shall fully document deviations from
the plan during such circumstances.
The PAQ documents no deviations from the staffing ratios in the past 12 months.
According to the superintendent's interview, there were no instances of deviations
from the staffing plan. This facility is a contract provider for residential services for
the Department of Juvenile Justice and the contract mandates the staffing ratios. A
coordinated effort was described by the superintendent for maintaining the staffing
ratios through meetings with the supervisors and assistant superintendents. The
operations of the facility provide for mandated holdovers when there is an
unexpected absence as referenced in the staffing plan.
Conclusion:
Based upon the review and analysis of the available evidence and the staff
interview, the Auditor determined the facility is adhering to this provision.
Provision (c):
Each secure juvenile facility shall maintain staff ratios of a minimum of 1:8
during resident waking hours and 1:16 during resident sleeping hours,
except during limited and discrete exigent circumstances, which shall be
fully documented. Only security staff shall be included in these ratios. Any
facility that, as of the date of publication of this final rule, is not already
obligated by law, regulation, or judicial consent decree to maintain the
staffing ratios set forth in this paragraph shall have until October 1, 2017,
to achieve compliance.
The facility’s staffing plan, internal controls, and management ensures that the
PREA ratios of 1:8 during the waking hours and 1:16 during the sleeping hours are
maintained. The internal staffing ratios, in accordance with the contract, are stated
in the staffing plan which are 1:8 during the awake hours and 1:10 during the
sleeping hours. Direct supervision by direct care staff was provided to residents
during the daily activities and program services observed by the auditor during the
comprehensive site review and subsequent walkthroughs. Observations during the
comprehensive site review and subsequent walkthroughs and the interviews
indicated the staffing ratios are maintained. According to the PAQ, there were no
deviations from the staffing plan in the past 12 months. According to the
superintendent, the facility is not obligated by law, regulation, or judicial consent
decree to maintain staffing ratios.
Conclusion:
Based upon the review and analysis of the available evidence and the staff
interview, the Auditor determined the facility is adhering to this provision.
Provision (d):
Whenever necessary, but no less frequently than once each year, for each
facility the agency operates, in consultation with the PREA Compliance
Manager required by §115.311, the agency shall assess, determine, and
document whether adjustments are needed to:
(1) The staffing plan established pursuant to paragraph (a) of this section;
(2) Prevailing staffing patterns;
(3) The facility’s deployment of video monitoring systems and other
monitoring technologies; and
(4) The resources the facility has available to commit to ensure adherence
to the staffing plan.
According to the PAQ, at least once every year the agency or facility, in
collaboration with the agency's PREA Coordinator, reviews the staffing plan to see
whether adjustments are needed to: (a) the staffing plan; (b) prevailing staffing
patterns; (c) the deployment of monitoring technology; or (d) the allocation of
agency or facility resources to commit to the staffing plan to ensure compliance
with the staffing plan. The staffing plan assessments, facilitated by the Florida
Department of Juvenile Justice (FDJJ) statewide PREA Coordinator in conjunction with
the facility's PREA coordinator/compliance manager and human resources staff
member, were completed on June 8, 2023, April 8,2024, and July 10, 2025. The
review of the Staffing Plan Assessments revealed they document reviews but is not
limited to the following areas: prevailing staffing patterns and review of staffing
plan; electronic monitoring system; and review of other areas related to adequate
supervision. The review considers any adjustments that need to be made by the
construction and implementation of a corrective action plan where indicated
through findings of recommendations.
According to the staffing plan assessment conducted on July 10, 2025, "The facility's
contracted ratios with FDJJ meet or exceed the required PREA ratios." According to
the facility PREA coordinator/compliance manager, he was consulted regarding the
annual assessment of, or adjustments to, the staffing plan. He also stated the
assessments include the human resources staff member.
Conclusion:
Based upon the review and analysis of the available evidence and the staff
interview, the Auditor determined the facility is adhering to this provision.
Provision (e):
Each secure facility shall implement a policy and practice of having
intermediate-level or higher level supervisors conduct and document
unannounced rounds to identify and deter staff sexual abuse and sexual
harassment. Such policy and practice shall be implemented for night shifts
as well as day shifts. Each secure facility shall have a policy to prohibit
staff from alerting other staff members that these supervisory rounds are
occurring, unless such announcement is related to the legitimate
operational functions of the facility.
According to the PAQ: The facility requires that intermediate-level or higher-level
staff conduct unannounced rounds to identify and deter staff sexual abuse and
sexual harassment. The facility documents unannounced rounds. Over time, the
unannounced rounds cover all shifts. The facility prohibits staff from alerting other
staff of the conduct of such rounds. Facility policy 13.08, Rounds, p.1, states, "It is
the policy of Okaloosa Youth Academy that intermediate-level or higher-level staff
will conduct unannounced rounds to identify and deter staff sexual abuse and
sexual harassment. Staff making the rounds will include assistant program director,
program director and other upper management staff to include but not limited to
clinical director, clinical supervisors, quality assurance, and human resources
director as available. Rounds will be conducted once per month per shift. The
unannounced rounds cover all shifts and all areas of the facility Shift rounds will be
documented and maintained in a folder. Shift rounds will be documented in the
control room log book. Staffs making the rounds, as well as other staff, are
prohibited from alerting staff that the rounds will be conducted or are in the process
of being conducted."
The policy provides for the occurrence of unannounced rounds that are conducted
by management staff members and supervisors. A sample of the unannounced
rounds documents reviewed onsite show the rounds are made at various times and
cover both shifts. A dedicated form is used which records the date, time, and
considerations and observations made. The form includes checking on the following
but is not limited to: residents' routine being followed; groups or classes in
appropriate locations; staff ratios; appropriate staff positioning; and blind spots or
areas outside of the cameras.
The interview with the intermediate or higher-level staff revealed the two assistant
superintendents, and superintendent generally conduct the unannounced rounds
and he conducts rounds weekly. It was also stated he utilizes the checklist to
document the rounds. It was shared that staff doesn't know when he is coming;
"may pop up on the weekend or days off." The areas stated he visits include living
units, dining room, and outside recreation areas. The observations include staff
positioning and resident and staff interactions, according to the interview. The
unannounced rounds are conducted throughout the facility to identify and deter
sexual abuse and sexual harassment. Staff members are prohibited from alerting
other staff when the rounds are occurring in accordance with policy and the
interview.
Conclusion:
Based upon the review and analysis of the available evidence and the staff
interview, the Auditor determined the facility is adhering to this provision.
115.315 Limits to cross-gender viewing and searches
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
Facility Policy 13.09, Youth Supervision During Personal Hygiene
Facility Policy 13.10, Opposite Sex Presence
Facility Policy 13.11, Prohibited Search of Transgender or Intersex Youth
Pre-Audit Questionnaire (PAQ)
Sample of Search Forms
Training Curriculum on the Agency's Website (www.djj.state.fl.us/partners-providers-
staff/prison-rape-elimination-act-prea/implementation-tool)
Interviews:
Random Staff
Residents
PREA Coordinator/Compliance Manager
Provision (a):
The facility shall not conduct cross-gender strip searches or cross-gender
visual body cavity searches (meaning a search of the anal or genital
opening) except in exigent circumstances or when performed by medical
practitioners.
According to the PAQ, the facility does not conduct cross-gender strip or cross-
gender visual body cavity searches of residents. Such searches are also prohibited
by agency policy FDJJ 1919, p.8, "Staff shall not conduct opposite sex strip searches
or opposite sex frisk searches." There was no evidence among the sample of search
forms of cross-gender searches of any type occurring at the facility in the last 12
months. The PAQ also shows there were no cross-gender strip or cross-gender visual
body cavity searches of residents.
The search procedures utilizes two staff members when searching for contraband.
According to informal conversations with staff during the comprehensive site review,
the resident is taken to a private area by two staff of the same gender as the
resident. One staff member only observes the other staff member from a distance
as he is conducting the search. The resident is asked to remove their outer
garments, but not to remove their undergarments. The staff member conducting the
search determines whether there is or is not any contraband. The searches are
conducted in a private area near the medical clinic. Sixteen residents were
interviewed, all stated they and other residents were never naked in full view of
female staff.
Conclusion:
Based on the reviewed documentation, interviews, and informal conversations with
random staff, the Auditor determined compliance with this revision.
Provision (b):
The agency shall not conduct cross-gender pat-down searches except in
exigent circumstances.
Agency policy FDJJ 1919, p.8, prohibits cross-gender pat-down searches which
states, "Staff shall not conduct opposite sex strip searches or opposite sex frisk
searches." Four of 12 random staff interviewed were females and all indicated they
are restricted from conducting cross-gender pat-down searches and there is always
a male present to conduct the searches. One stated it would have to be an extreme
situation for a cross-gender search to occur since males are always present and the
others could not give an example when a cross-gender search would occur. All 16
residents interviewed indicated a female had not conducted a pat-down search of
their body. All random staff interviewed confirmed awareness of the policy regarding
searches. No residents or random staff during informal conversations during the
comprehensive site review reported the occurrence of any cross-gender pat-down
searches. The evidence and PAQ shows cross-gender pat-down searches have not
occurred at the facility during the last 12 months.
Conclusion:
Based on the reviewed documentation, interviews, and informal conversations with
random staff, the Auditor determined compliance with this revision.
Provision (c):
The facility shall document and justify all cross-gender strip searches,
cross-gender visual body cavity searches, and cross-gender pat-down
searches.
The agency policy FDJJ 1919 prohibits all cross-gender searches. According to
informal conversations with staff during the comprehensive site review, when
searching for contraband the resident is taken to a private area by two staff of the
same gender as the resident. One staff member only observes the other staff
member from a distance as he is conducting the search. The resident is asked to
remove their outer garments, but not to remove their undergarments. The staff
member conducting the search determines whether there is or is not any
contraband. The pat-down or frisk searches are conducted by the same gender. The
interviews with random staff and residents and the PAQ confirmed that no type of
cross-gender search was conducted during this audit period.
Conclusion:
Based on the documentation, interviews with residents and random staff, and
informal conversations with random staff, the Auditor determined compliance with
this revision.
Provision (d):
The facility shall implement policies and procedures that enable residents
to shower, perform bodily functions, and change clothing without
nonmedical staff of the opposite gender viewing their breasts, buttocks,
or genitalia, except in exigent circumstances or when such viewing is
incidental to routine cell checks. Such policies and procedures shall
require staff of the opposite gender to announce their presence when
entering a resident housing unit. In facilities (such as group homes) that
do not contain discrete housing units, staff of the opposite gender shall be
required to announce their presence when entering an area where
residents are likely to be showering, performing bodily functions, or
changing clothing.
In accordance with agency policy FDJJ 1919, p.8, "Youth must be allowed to shower,
perform bodily functions, and change clothing without nonmedical staff of the
opposite sex viewing their breasts, buttocks, or genitalia, except in exigent
circumstances or when such viewing is incidental to routine cell checks." This
practice was confirmed through interviews with residents and staff. None of the 16
residents interviewed reported ever having been naked in full view of the opposite
gender staff while showering, changing clothes, and performing bodily functions. All
12 random staff interviewed confirmed that residents are able to dress, shower, and
use the toilet without being viewed by staff of the opposite gender.
During the site review, the superintendent explained how hygiene practices are
conducted and the practice of residents entering the shower fully dressed and
exiting fully dressed in the clean clothing. The shower and toilet stalls do not allow
staff to get a view of the resident’s body due to stall doors and shower curtains.
Hygiene practices are performed with the expectations of reasonable privacy for
each resident. It was observed that residents have privacy during use of the
bathroom. The auditor's review of the camera monitors provided that cameras are
not placed in the resident's rooms or bathrooms and the cameras in the other part
of the living unit do not show residents when they are showering, using the toilet or
changing clothes.
Facility policy 13.09 Youth Supervision During Personal Hygiene, p. 1, provides, "It is
the policy of Okaloosa Youth Academy that direct site supervision of youth during
personal hygiene time to include shower time, changing of clothing, and toileting
will be provided by same sex staff. Opposite gender staff may escort youth to
bathrooms to perform bodily functions and to their rooms to change clothes, etc.,
but are prohibited from directly viewing the youth. It is acceptable that viewing may
occur during exigent circumstances, such as during a medical emergency, or when
such viewing is incidental to routine room or sleep checks or when viewing video
cameras."
Staff members of the opposite gender must announce their presence when entering
the residents’ housing units and signs are posted. According to facility policy 13.10,
p.1, "It is the policy of Okaloosa Youth Academy that shift supervisors will verbally
announce to the youth that opposite sex staff are on duty. These announcements
will occur during the breakfast meal, lunch meal, supper meal, and during the two
scheduled snack times each day. Whenever female staff enter an area at a time that
youth maybe showering, toileting, changing clothes, or in the privacy of their rooms,
the female staff will announce their presence. The 16 residents confirmed female
staff announce themselves upon entering their living units; the variation of
responses included staff saying their name, knocking, or saying "female on the
mod/dorm." The practice of opposite gender announcement was confirmed by all 12
random staff interviews and experienced by the auditor during the comprehensive
site review. The auditor also observed a sign posted outside of each living unit
informing the reader that all females must announce their presence. All random
staff interviews confirmed residents are able to dress, shower, and use the toilet
without being viewed by staff of the opposite gender. The evidence, including
informal conversations with random staff shows residents shower, perform bodily
functions, and change clothing without nonmedical staff of the opposite gender
viewing their buttocks or genitalia.
Conclusion:
Based on the documentation, interviews with residents and random staff, and
informal conversations with random staff, the Auditor determined compliance with
this revision.
Provision (e):
The facility shall not search or physically examine a transgender or
intersex resident for the sole purpose of determining the resident’s
genital status. If the resident’s genital status is unknown, it may be
determined during conversations with the resident, by reviewing medical
records, or, if necessary, by learning that information as part of a broader
medical examination conducted in private by a medical practitioner.
According to the PAQ, policy exists prohibiting staff from searching or physically
examining a transgender or intersex resident for the sole purpose of determining
the resident's genital status. Agency policy FDJJ 1919 pp. 7-8 states, "Staff shall not
search or physically examine a youth for the sole purpose of determining the
youth’s genital status. If the youth’s genital status is unknown, it may be
determined during conversation with the youth, by reviewing medical records, other
youth records or, if necessary, by learning that information as part of a broader
medical examination conducted in private by a medical practitioner." Facility policy
mirrors the overarching agency policy through 13.11, Prohibited Search of
Transgender or Intersex Youth, p. 1, "It is the policy of Okaloosa Youth Academy that
the facility shall not search or physically examine a transgender or intersex resident
for the sole purpose of determining the resident’s genital status. If the resident’s
genital status is unknown, it may be determined during conversations with the
resident, by reviewing medical records, or, if necessary, by learning that information
as part of a broader medical examination conducted in private by a medical
practitioner."
The PAQ indicates there were no searches or examinations of transgender or
intersex residents for the sole purpose of determining the resident's genital status
during the past 12 months. There were no transgender or intersex residents
identified in the facility during the onsite audit phase through conferring with staff
and the review of a sample of 15 resident files. The 12 random staff interviews
confirmed they are aware that policy prohibits staff from conducting a physical
examination of transgender or intersex youth solely for the purpose of determining
the resident’s genital status. There were no transgender or intersex residents in the
facility within the past year according to informal conversations with random staff
and the PREA Coordinator/Compliance Manager.
Provision (f):
The agency shall train security staff in how to conduct cross-gender pat-
down searches, and searches of transgender and intersex residents, in a
professional and respectful manner, and in the least intrusive manner
possible, consistent with security needs.
According to the PAQ, 100% of security staff received training on conducting cross-
gender pat-down searches and searches of transgender and intersex residents in a
professional and respectful manner, consistent with security needs. The training
curriculum is posted on the agency's website for participants to review online. The
title of the training is, "Guidance in Cross-Gender and Transgender Pat Searches,"
presented through the PREA Resource Center. The 12 random staff interviewed
recalled completing the training at varying times. A review of the training video
revealed how the searches may be conducted in a professional and respectful
manner, least intrusive manner as possible, and consistent with security needs. No
such searches have been conducted during the past 12 months.
Conclusion:
Based on the reviewed documentation and random staff interviews, the Auditor
determined compliance with this provision.
Residents with disabilities and residents who are limited English
115.316
proficient
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA Procedures
LanguageLine Memorandum
PREA Training Curriculum-Part II, Youth With Disabilities
Electronic Training Records
PREA Pre-Audit Questionnaire (PAQ)
LanguageLine Solutions Brochure
Bilingual Posters
Interviews:
Agency Head
PREA Coordinator/Compliance Manager
Facility Training Officer
Random Staff
Targeted Interviewees (2)
Provision (a):
The agency shall take appropriate steps to ensure that residents with
disabilities (including, for example, residents who are deaf or hard of
hearing, those who are blind or have low vision, or those who have
intellectual, psychiatric, or speech disabilities), have an equal opportunity
to participate in or benefit from all aspects of the agency’s efforts to
prevent, detect, and respond to sexual abuse and sexual harassment.
Such steps shall include, when necessary to ensure effective
communication with residents who are deaf or hard of hearing, providing
access to interpreters who can interpret effectively, accurately, and
impartially, both receptively and expressively, using any necessary
specialized vocabulary. In addition, the agency shall ensure that written
materials are provided in formats or through methods that ensure
effective communication with residents with disabilities, including
residents who have intellectual disabilities, limited reading skills, or who
are blind or have low vision. An agency is not required to take actions that
it can demonstrate would result in a fundamental alteration in the nature
of a service, program, or activity, or in undue financial and administrative
burdens, as those terms are used in regulations promulgated under title II
of the Americans With Disabilities Act, 28 CFR 35.164.
According to the PAQ, the agency has established procedures to provide disabled
residents equal opportunity to participate in or benefit from all aspects of the
facility’s efforts to prevent, detect, and respond to sexual abuse and sexual
harassment. Agency policy addresses the provision of support services for Limited
English Proficient and disabled residents by providing these residents the equal
opportunity to participate in or benefit from all aspects of the facility’s efforts to
prevent, detect, and respond to sexual abuse and sexual harassment. Policy FDJJ
1919, pp. 10-11, states, "Facilities must ensure all youth with disabilities (including,
for example, youth who are deaf or hard of hearing, those who are blind or have low
vision, or those who have intellectual, developmental, psychiatric, or speech
disabilities), have an equal opportunity to participate in or benefit from all aspects
of the Department’s efforts to prevent, detect, and respond to sexual misconduct."
The parent agency's understanding with LanguageLine provides for language
interpreter services, translation of documents, access to certified American Sign
Language provider, and specialized interpreters for Deaf and Hard-of-Hearing
residents, as confirmed by the brochure and a telephone conversation with a
LanguageLine representative. The education unit also provides support services,
especially through certified teachers with the educational background to modify/
adapt information for all residents to understand. Assistance may also be provided
by the treatment staff to ensure all residents’ understanding of the PREA
information. Posted PREA information is in English and Spanish and the PREA video
is in English and Spanish. Information may also be accessible in Creole and other
languages as needed through LanguageLine Solutions and/or bilingual staff,
according to the LanguageLine brochure, auditor contact with a LanguageLine
representative, and the interview with the PREA coordinator/compliance manager.
The agency's staff training curricula, PREA Training-Part II, pp 11, contains a section,
Youth With Disabilities, where required services are discussed and disability
awareness is strengthened. The facility training officer and the electronic training
records confirmed staff's receipt of the online training. The agency head confirmed
an overarching agreement with the parent agency and LanguageLine Solutions. The
agency head provided that staff is made aware of the pending arrival of residents
and there is time to obtain the accommodations needed. Additional resources
include but are not limited to staff reading the information to the resident,
information with large print, magnifiers, assistance from bilingual staff, and contract
services for interpretive services which include language translation and American
Sign Language.
There were no limited English proficient residents in the facility. Two targeted
interviews were conducted, the interviewees shared when they arrived at the
facility. Both residents confirmed they were told by staff: their right to not be
sexually abused or sexually harassed; how to report sexual abuse or sexual
harassment; and their right not to be punished for reporting sexual abuse or sexual
harassment. One resident said he was provided that information on the second day
of arrival at the facility and the other resident stated receiving the information on
the first day of arrival. Both stated staff explained the facility's rules against sexual
abuse and sexual harassment and one saw the video. Both residents confirmed the
information was provided in a way they understood it. Both identified staff that
would help them understand things if they needed it, including information about
their rights concerning sexual abuse and sexual harassment and how to report it.
Conclusion:
Based upon the review and analysis of the evidence and interviews, the Auditor
determined the facility is compliant with this provision.
Provision (b):
The agency shall take reasonable steps to ensure meaningful access to all
aspects of the agency’s efforts to prevent, detect, and respond to sexual
abuse and sexual harassment to residents who are limited English
proficient, including steps to provide interpreters who can interpret
effectively, accurately, and impartially, both receptively and expressively,
using any necessary specialized vocabulary.
The correspondence and interviews confirmed the availability of professional
interpreting services. Each resident has an equal opportunity to participate in or
benefit from all aspects of the facility’s efforts to prevent, detect and respond to
sexual abuse and sexual harassment, according to policy and interview with the
PREA coordinator/compliance manager. PREA information is accessible to residents
in English and Spanish; Creole and other languages are accessible if needed. The
facility provides access to support services for preventing, detecting, and
responding to sexual abuse and sexual harassment to residents who are Limited
English Proficient, including taking steps to provide interpreters who can interpret
effectively, accurately, and impartially through the parent agency's agreement with
LanguageLine Solutions. The facility also has bilingual staff which includes the PREA
coordinator/compliance manager, direct care staff, and treatment staff.
Per agency policy FDJJ 1919, page 13, "The facility must also ensure meaningful
access to its efforts to prevent, detect, and respond to sexual misconduct to youth
who are limited English proficient, including steps to provide interpreters who can
interpret effectively, accurately, and impartially, both receptively and expressively,
using any necessary specialized vocabulary." The intake staff, Case Manager, is
responsible for securing an interpreter during the intake process; however,
accessing interpreting services may be done by clinical staff and shift supervisors as
needed; services are available 24/7, confirmed by the interview with the PREA
Coordinator/Compliance Manager. The agency's staff training curricula, PREA
Training-Part II, pp 11, contains a section, Youth With Disabilities where required
services are discussed and disability awareness is strengthened. The facility training
officer and the electronic training records confirmed staff's receipt of the online
training.
Two targeted interviews were conducted, the interviewees articulated when they
arrived at the facility and both stated they were told by staff: their right to not be
sexually abused or sexually harassed; how to report sexual abuse or sexual
harassment; and their right not to be punished for reporting sexual abuse or sexual
harassment. One resident said he was provided that information on the second day
of arrival at the facility and the other resident stated receiving the information on
the first day of arrival. Both stated staff explained the facility's rules against sexual
abuse and sexual harassment and one saw the video. Both residents confirmed the
information was provided in a way they understood it. Both identified staff that
would help them understand things if they needed it, including information about
their rights concerning sexual abuse and sexual harassment and how to report it.
Conclusion:
Based upon the review and analysis of the evidence and interviews, the Auditor
determined the facility is compliant with this provision.
Provision (c):
The agency shall not rely on resident interpreters, resident readers, or
other types of resident assistants except in limited circumstances where
an extended delay in obtaining an effective interpreter could compromise
the resident’s safety, the performance of first-response duties under
§115.364, or the investigation of the resident’s allegations.
Agency policy prohibits the use of resident readers and interpreters except in
limited circumstances where an extended delay in obtaining an interpreter could
compromise a resident’s safety; performance of first responder duties; or
investigation of allegations of sexual abuse or sexual harassment. This premise is
also indicated in the PAQ. The interviews and documents confirmed that the
education and mental health staff members have the capabilities to provide support
services.
Informal conversations with staff during the comprehensive review, confirmed
residents are not used to relate PREA information to or from other residents.
Information regarding reporting allegations of sexual abuse and sexual harassment
is posted and accessible in both English and Spanish. The facility has the resources
available to get the PREA information translated and printed in the additional
languages as needed. Thirteen random staff were interviewed; all stated that
resident interpreters, resident readers, or other types of resident assistance to
assist disabled residents or residents with limited English proficiency will not be
used when the aforementioned residents make an allegation of sexual abuse or
sexual harassment and to the best of their knowledge, there has not been such
occurrence.
Two targeted interviews were conducted, the interviewees articulated when they
arrived at the facility and both stated they were told by staff: their right to not be
sexually abused or sexually harassed; how to report sexual abuse or sexual
harassment; and their right not to be punished for reporting sexual abuse or sexual
harassment. One resident said he was provided that information on the second day
of arrival at the facility and the other resident stated receiving the information on
the first day of arrival. Both stated staff explained the facility's rules against sexual
abuse and sexual harassment and one saw the video. Both residents confirmed the
information was provided in a way they understood it. Both identified staff that
would help them understand things if they needed it, including information about
their rights concerning sexual abuse and sexual harassment and how to report it.
Conclusion:
Based upon the review and analysis of the evidence and interviews, the Auditor
determined the facility is compliant with this provision.
115.317 Hiring and promotion decisions
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1800, Background Screening and Hiring Practice
Agency Policy FDJJ 1919, PREA
Facility Policy 1.130, Preliminary Background Screening
Facility Policy 1.100, Standards of Conduct for Program Staff
Pre-Audit Questionnaire
Criminal History Acknowledgement and PREA Compliance Form (IG/BSU-003)
Personnel Files
Interview:
Human Resources Staff
Provision (a):
The agency shall not hire or promote anyone who may have contact with
residents, and shall not enlist the services of any contractor who may
have contact with residents, who—(1) Has engaged in sexual abuse in a
prison, jail, lockup, community confinement facility, juvenile facility, or
other institution (as defined in 42 U.S.C. 1997); (2) Has been convicted of
engaging or attempting to engage in sexual activity in the community
facilitated by force, overt or implied threats of force, or coercion, or if the
victim did not consent or was unable to consent or refuse; or (3) Has been
civilly or administratively adjudicated to have engaged in the activity
described in paragraph (a)(2) of this section.
The PAQ affirms "the agency policy prohibits hiring or promoting anyone who may
have contact with residents, and prohibits enlisting the services of any contractor
who may have contact with residents, who:
• Has engaged in sexual abuse in a prison, jail, lockup, community confinement
facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997);
• Has been convicted of engaging or attempting to engage in sexual activity in the
community facilitated by force, overt or implied threats of force, or coercion, or if
the victim did not consent or was unable to consent or refuse; or
• Has been civilly or administratively adjudicated to have engaged in the activity
described in paragraph (a)(2) of this section."
According to agency policy FDJJ 1919, page 16, "The Department does not hire,
promote, or contract with anyone who:
(a.) Has engaged in sexual abuse in a prison, jail, lockup, community confinement
facility, juvenile, facility, or other institution (as defined in 42 U.S.C 1997); (b.) Has
been convicted of engaging or attempting to engage in sexual activity in the
community facilitated by force, overt, or implied threats of force, or coercion, or if
the victim did not consent or was unable to consent or refuse; or (c.) Has been
civilly or administratively adjudicated to have engaged in the activity described in
(a.) and (b.)."
Agency policy FDJJ 1800, page 2, states, "The Department does not hire, promote,
or contract with anyone who: i. Has engaged in sexual abuse in a prison, jail, lockup,
community confinement facility, juvenile, facility, or other institution (as defined in
42 U.S.C. 1997); ii. Has been convicted of engaging or attempting to engage in
sexual activity in the community facilitated by force, overt, or implied threats of
force, or coercion, or if the
victim did not consent or was unable to consent or refuse; iii. Has been civilly or
administratively adjudicated to have engaged in the activity described
in ii above. The Department shall ask all applicants and employees who may have
contact with youth about previous misconduct in written applications or interviews
for hiring or promotions and in any interviews or written self-evaluations conducted
as part of review of current employees."
In accordance with policy 1.130, Preliminary Background Screening, page 1,
"Okaloosa Youth Academy is unable to employ individuals who have (1) engaged in
sexual abuse in a prison, jail, lockup, community confinement facility, juvenile
facility, or other Institution (as defined in 42 U.S. C. 1997); (2) been convicted of
engaging or attempting to engage in sexual activity in the community facilitated by
force, overt or implied threats of force, or coercion, or if the victim did not consent
or was unable to consent or refuse; or (3) been civilly or administratively
adjudicated to have engaged in the activity described in (1-3) of this section."
The form, Criminal History Acknowledgement and PREA Compliance Form, provides
that, "The Department shall ask all applicants and employees who may have
contact with youth about previous misconduct in written applications or interviews
for hiring or promotions and in any interviews or written self-evaluations conducted
as part of review of current employees." The form lists the three items outlined in
the standard provision and FDJJ 1919, page 16. The completed form is part of the
packet submitted to the Department of Juvenile Justice to secure a criminal
background check. Attached to the Criminal History Acknowledgement and PREA
Compliance Form is a list of offenses and accompanying statute number, that will
disqualify an applicant or current employee.
The procedures and practice was confirmed through a review of 22 personnel files
which included a sample of 20 employees and two contractors onsite. The interview
with the human resources staff and a review of policies provided details about the
hiring process and completion of background checks. There was documentation of
completed background checks, showing the applicants were cleared to hire. The
personnel files include the completed background checks and hiring documents.
Background checks are obtained through the Florida Department of Juvenile Justice,
Background Screening Unit, and the Okaloosa County Sheriff’s Office. According to
the human resources staff, 50 staff members were hired and there was three
contracts.
The review of the personnel files and policies and the interview verified the routine
completion criminal background checks. All applicants are asked about any prior
misconduct involving any sexual activity as a part of the hiring process and that
specific form must be included in the paperwork for a background check to be
completed. The documentation, interview, and policies support the facility does not
hire or promote anyone who has engaged in sexual abuse or anyone who has used
or attempted to use force in the community to engage in sexual abuse.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor has
determined the facility meets this provision of the standard.
Provision (b):
The agency shall consider any incidents of sexual harassment in
determining whether to hire or promote anyone, or to enlist the services
of any contractor, who may have contact with residents.
"Agency policy requires the consideration of any incidents of sexual harassment in
determining whether to hire or promote anyone, or to enlist the services of any
contractor, who may have contact with residents," per policy FDJJ 1919. The policies
support that the facility does not hire or promote anyone who has been civilly or
administratively adjudicated or have been convicted of engaging in or attempted to
engage in sexual activity by any means. The interview was aligned with the
standard and the documentation shows the inquiries made during the application
process regarding previous misconduct.
The policies and interview collectively indicate that the facility considers any
incidents of sexual harassment in determining whether to hire or promote anyone,
or to enlist the services of any contractor or volunteer, who may have contact with
residents. No applicant will be considered for employment if a background check
reveals any history of inappropriate sexual behavior or arrest for inappropriate
sexual behavior. The policies, documented practices, and the interview supports
that the facility does not hire or promote anyone who has been civilly or
administratively adjudicated or have been convicted of engaging in or attempted to
engage in sexual activity by any means. The interview and the documentation
demonstrate the inquiries made during the application process regarding previous
sexual misconduct.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor has
determined the facility meets this provision of the standard.
Provisions (c):
Before hiring new employees who may have contact with residents, the
agency shall: (1) Perform a criminal background records check; (2) Consult
any child abuse registry maintained by the State or locality in which the
employee would work; and (3) Consistent with Federal, State, and local
law, make its best efforts to contact all prior institutional employers for
information on substantiated allegations of sexual abuse or any
resignation during a pending investigation of an allegation of sexual
abuse.
According to the PAQ, "Agency policy requires that before it hires any new
employees who may have contact with residents, it (a) conducts criminal
background record checks; (b) consults any child abuse registry maintained by the
State or locality in which the employee would work; and (c) consistent with Federal,
State, and local law, makes its best efforts to contact all prior institutional
employers for information on substantiated allegations of sexual abuse or any
resignation during a pending investigation of an allegation of sexual abuse."
Page 2 of FDJJ 1800 states, "Form IG/BSU-003 - The Criminal History
Acknowledgement and Prison Rape Elimination Act (PREA) compliance form" is a
mandatory form that must be completed by Department and contract
provider applicants screened by Detention and Residential, to determine if the
applicant has a criminal offense(s) that would disqualify him or her from
employment in a position that has contact with youth or confidential youth
records and to ensure compliance with PREA standards." The form lists the three
items outlined in the standard provision and FDJJ 1919, page 16. The completed
form is part of the packet submitted to the Department of Juvenile Justice to secure
a criminal background check. Attached to the Criminal History Acknowledgement
and PREA Compliance Form (IG/BSU-003) is a list of offenses and accompanying
statute number, that will disqualify an applicant.
According to the PAQ, policy requires that a criminal background records check be
completed and applicable child abuse registries consulted before enlisting the
services of any contractor who may have contact with residents. The background
check process includes consulting a child abuse registry as confirmed during the
interview. Best efforts would be made to contact all prior institutional employers for
information of incidents or allegations of sexual abuse. The interview revealed the
resources used for the background checks include the Federal Bureau of
Investigations, Okaloosa County Sheriff's Office, and the Sexual Offender Database
System. The interview confirmed the facility considers prior incidents of sexual
harassment in determining whether to hire or promote anyone or to enlist the
services of any contractor who may have contact with residents.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor has
determined the facility meets this provision of the standard.
Provisions (d):
The agency shall also perform a criminal background records check, and
consult applicable child abuse registries, before enlisting the services of
any contractor who may have contact with residents.
The PAQ states, "Agency policy requires that a criminal background records check
be completed and applicable child abuse registries consulted before enlisting the
services of any contractor who may have contact with residents." The background
check process includes consulting a child abuse registry as confirmed during the
interview and is completed for employees, as well as contractors. The review of the
two contractors' files confirmed the same background check resources as the
regular employees. The interview revealed the resources used for the background
checks include the Federal Bureau of Investigations, Okaloosa County Sheriff's
Office, and the Sexual Offender Database System. The interview confirmed the
facility considers prior incidents of sexual harassment in determining whether to
hire or promote anyone or to enlist the services of any contractor who may have
contact with residents.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor has
determined the facility meets this provision of the standard.
Provision (e):
The agency shall either conduct criminal background records checks at
least every five years of current employees and contractors who may have
contact with residents or have in place a system for otherwise capturing
such information for current employees.
Policy FDJJ 1919, page 16, states, "The Department shall ask all applicants and staff
who may have contact with youth directly about previous misconduct in Section G
for all new hires, promotions, and all rescreenings every (5) years using form IG/
BSU-003 during the background screening process." Facility policy 1.130, page 2,
also provide for a five-year background check. The review of the personnel files
revealed initial background checks are conducted and background checks are
conducted every five years thereafter, in accordance with policy and the provision
of the standard. The interview, review of documentation and a review of the policies
provide details about the hiring process and completion of background checks. The
interview confirmed that the background check system for the five-year rescreen
includes employees, contractors, interns, and volunteers.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor has
determined the facility meets this provision of the standard.
Provision (f):
The agency shall also ask all applicants and employees who may have
contact with residents directly about previous misconduct described in
paragraph (a) of this section in written applications or interviews for
hiring or promotions and in any interviews or written self-evaluations
conducted as part of reviews of current employees. The agency shall also
impose upon employees a continuing affirmative duty to disclose any such
misconduct.
The form, Criminal History Acknowledgement and PREA Compliance Form is used to
ask the questions directly to the applicant and provides that, "The Department shall
ask all applicants and employees who may have contact with youth about previous
misconduct in written applications or interviews for hiring or promotions and in any
interviews or written self-evaluations conducted as part of review of current
employees." The form lists the three items outlined in the standard provision and
FDJJ 1919, page 16. The completed form is part of the packet submitted to the
Department of Juvenile Justice to secure a criminal background check. It is also used
annually for all staff and prior to a promotion. Attached to the Criminal History
Acknowledgement and PREA Compliance Form is a list of offenses and
accompanying statute number, that will disqualify an applicant or current employee.
According to the interview with the human resources staff and the sample of
personnel files reviewed, the Criminal History Acknowledgement and PREA
Compliance Form is used to disclose previous sexual misconduct for applicants and
current employees. The human resources staff and Training Coordinator confirmed
new employees are informed in orientation training of their continuing affirmative
duty to disclose any previous sexual misconduct. Policy 1.100, Standards of Conduct
for Program Staff, provides the following: "If a staff member is arrested for any law
violation outside of work, he/she is obligated to report this incident immediately
verbally and subsequently in writing to the Program Director. Failure to immediately
report any arrest will result in disciplinary action up to and including dismissal." The
Standards of Conduct are reviewed with new employees as evidenced by signed
acknowledgement statements for receipt of training regarding policy 1.100.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor has
determined the facility meets this provision.
Provision (g):
Material omissions regarding such misconduct, or the provision of
materially false information, shall be grounds for termination.
The interview with the human resources staff revealed automatic electronic
notification through the Department of Juvenile Justice, Background Screening Unit,
if an employee is arrested and the identified charges. Additionally, FDJJ 1919, page
16, requires that "Staff considered for promotion shall disclose any sexual
misconduct and material omission regarding such misconduct, or the provision of
materially false information shall be grounds for termination." The omission of
sexual misconduct information or providing false information is grounds for
termination in accordance with policy. According to the interview with the human
resources staff, this information is also covered in the new employee orientation.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor has
determined the facility meets this provision.
Provision (h):
Unless prohibited by law, the agency shall provide information on
substantiated allegations of sexual abuse or sexual harassment involving
a former employee upon receiving a request from an institutional
employer for whom such employee has applied to work.
The interview revealed that when a former employee applies for work at another
institution, upon the request from that institution, she will verify employment and
provide the requested information in accordance with the policy. According to policy
FDJJ 1919, page 17, "Unless prohibited by law, the Department shall provide
information on substantiated allegations of sexual misconduct involving former staff
upon receiving a request from any PREA regulated employer for whom such staff
has applied to work. There has been no such request during the past 12 months.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor has
determined the facility meets the provision of the standard.
115.318 Upgrades to facilities and technologies
Auditor Overall Determination: Meets Standard
Auditor Discussion
Document:
PREA PRE-Audit Questionnaire (PAQ)
Interviews:
Superintendent
Agency Head
Provision (a):
If the agency designed or acquired any new facility or planned any
substantial expansion or modification of existing facilities, the agency
considered the effect of the design, acquisition, expansion, or modification
upon the agency’s ability to protect residents from sexual abuse.
The facility has not made a substantial expansion or modification to the facility
since the last PREA audit in 2023, according to the PAQ. The interviews confirmed
there have not been a substantial expansion or modification since the last audit.
The Okaloosa Youth Academy is the only residential facility for juvenile offenders in
Florida that is managed by Gulf Coast Treatment Center.
Provision (b):
If the agency installed or updated a video monitoring system, electronic
surveillance system, or other monitoring technology, the agency
considered how such technology may enhance the agency’s ability to
protect residents from sexual abuse.
According to the PAQ, the facility has not installed or updated the video monitoring
system, electronic surveillance system, or other monitoring technology since the
last PREA audit in 2023. The interviews confirmed the information in the PAQ.
115.321 Evidence protocol and forensic medical examinations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Facility Policy 13.13, Access to Forensic Medical Exams and Victim Services
Draft Memorandum of Understanding (MOU)
MOU Correspondence
PREA Compliance Form
Interviews:
Random Staff
PREA Coordinator/Compliance Manager
Advocacy Agency Representative
Provisions (a):
To the extent the facility is responsible for investigating allegations of
sexual abuse, the facility shall follow a uniform evidence protocol that
maximizes the potential for obtaining usable physical evidence for
administrative proceedings and criminal prosecutions.
As stated in the PAQ, the facility is not responsible for conducting any form of
administrative or criminal sexual abuse investigations. The allegations of sexual
abuse are conducted by the Department of Children and Families (DCF) and law
enforcement. When an investigation is conducted in the facility by law enforcement
the investigator is provided the protocol, PREA Compliance Form, by the
Department of Juvenile Justice/Office of Inspector General (DJJ/OIG). The PREA
Compliance Form is shared with local law enforcement investigators which outlines
the PREA standards that must be adhered to regarding an investigation of an
allegation of sexual abuse in a Department of Juvenile Justice (DJJ) facility.
The 13 random staff interviewed collectively knew that the sexual abuse
investigations would be conducted by DCF, DJJ, and/or law enforcement. When
asked what they would do if they were the first person to be alerted that a resident
had allegedly been sexually abused, they collectively responded: secure the scene/
collect evidence if possible; call a supervisor or other staff; separate and remove
from the dorm; make sure area is safe; report it immediately; ensure no shower of
changing clothes; and document the incident.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor
determined the facility is compliant with this provision.
Provision (b):
The protocol shall be developmentally appropriate for youth and, as
appropriate, shall be adapted from or otherwise based on the most recent
edition of the U.S. Department of Justice’s Office on Violence Against
Women publication, “A National Protocol for Sexual Assault Medical
Forensic Examinations, Adults/Adolescents,” or similarly comprehensive
and authoritative protocols developed after 2011.
Administrative investigations are conducted by the DJJ/OIG; allegations of sexual
abuse that are criminal in nature are investigated by DCF and law enforcement. The
facility or its parent agency does not conduct any type of investigations. The PREA
Compliance Form is shared with local law enforcement investigators which outlines
the PREA standards that must be adhered to regarding an investigation of an
allegation of sexual abuse in a DJJ facility.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor
determined the facility is compliant with this provision.
Provision (c):
The facility shall offer all residents who experience sexual abuse access to
forensic medical examinations whether on-site or at an outside facility,
without financial cost, where evidentiarily or medically appropriate. Such
examinations shall be performed by Sexual Assault Forensic Examiners
(SAFEs) or Sexual Assault Nurse Examiners (SANEs) where possible. If
SAFEs or SANEs cannot be made available, the examination can be
performed by other qualified medical practitioners. The facility shall
document its efforts to provide SAFEs or SANEs.
According to the PAQ: The facility offers all residents who experience sexual abuse
access to forensic medical examinations. The facility offers all residents who
experience sexual abuse access to forensic medical examinations at an outside
facility. Forensic medical examinations are offered without financial cost to the
victim. Where possible, examinations are conducted by Sexual Assault Forensic
Examiners (SAFEs) or Sexual Assault Nurse Examiners (SANEs). When SANEs or
SAFEs are not available, a qualified medical practitioner performs forensic medical
examinations. The facility documents efforts to provide SANEs or SAFEs.
The facility policy 13.13, p.1, states, "It is the policy of Okaloosa Youth Academy
that the program shall offer all youth who experience sexual abuse access to
forensic medical examinations whether on-site or at an outside facility, without
financial cost, where evidentiary or medically appropriate. Such examinations shall
be performed by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse
Examiners (SANEs) where possible. If SAFEs or SANEs cannot be made available, the
examination can be performed by other qualified medical practitioners." This policy
is aligned with the agency policy FDJJ 1919.
The alleged victim will be provided forensic medical services at the Emerald Coast
Children's Advocacy Center (ECCAC). The forensic medical examination will be
conducted by a Sexual Assault Nurse Examiner (SANE) or a Sexual Assault Forensic
Examiner (SAFE). The examination and any follow-up treatment will be performed at
no cost to the victim. The ECCAC is a non-profit agency that provides free services
to children in Okaloosa and Walton counties who have experienced abuse or
neglect. In addition to the forensic medical examination, the facility offers therapy,
crisis counseling, while coordinating with law enforcement and Department of
Children and Families to minimize trauma to the youth by having the youth tell the
story once in a single location.
An overview of services is provided on the agency's website and confirmed during
the interview with the advocacy agency representative. The MOU is in draft form as
adjustments needed to be made and both agencies are in the discussion and review
process with impending signatures of representatives of both agencies, according to
the interview with the victim advocacy agency representative, MOU
correspondence, and informal conversations with the human resources staff at the
Okaloosa Youth Academy. The advocacy agency representative stated the lack of
the signed document would not impede services to a resident. There has not been a
need for a forensic medical examination during this audit period. The MOU, policy,
observation of posted information, and interview with the ECCAC representative
confirm that all residents have access to forensic medical examinations.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor
determined the facility is compliant with this provision.
Provisions (d):
The facility shall attempt to make available to the victim a victim advocate
from a rape crisis center. If a rape crisis center is not available to provide
victim advocate services, the facility shall make available to provide these
services a qualified staff member from a community-based organization or
a qualified facility staff member. Agencies shall document efforts to secure
services from rape crisis centers. For the purpose of this standard, a rape
crisis center refers to an entity that provides intervention and related
assistance, such as the services specified in 42 U.S.C. 14043g(b)(2)(C), to
victims of sexual assault of all ages. The facility may utilize a rape crisis
center that is part of a governmental unit as long as the center is not part
of the criminal justice system (such as a law enforcement facility) and
offers a comparable level of confidentiality as a nongovernmental entity
that provides similar victim services.
According to the PAQ, the facility attempts to make a victim advocate from a rape
crisis center available to the victim, in person or by other means. These efforts are
documented by the draft MOU and correspondence between the facility staff and
advocacy agency staff. Policy 13.23, p.1 states, "It is the policy of Okaloosa Youth
Academy that the facility shall provide youth with access to outside victim
advocates for emotional support services related to sexual abuse, by providing,
posting, or otherwise making accessible mailing addresses and telephone numbers,
including toll free hotline numbers where available, of local, State, or national victim
advocacy or rape crisis organizations. The facility shall enable reasonable
communication between residents and these organizations and agencies, in as
confidential a manner as possible. The agency shall maintain or attempt to enter
into memoranda of understanding or other agreements with community service
providers that are able to provide residents with confidential emotional support
services related to sexual abuse."
The ECCAC is a non-profit agency that provides free services to children in Okaloosa
and Walton counties who have experienced abuse or neglect. According to the PREA
Coordinator/Compliance Manager, the services offered by ECCAC are aligned with
the standard. He ensured the ECCAC met the needs of the facility through meetings
and the feedback regarding the construction of the MOU. The interview with the
advocacy agency representative confirmed the advocacy services include crisis
counseling, accompaniment, forensic medical examinations, and assigned
advocates.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor
determined the facility is compliant with this provision.
Provision (e):
As requested by the victim, the victim advocate, qualified facility staff
member, or qualified community-based organization staff member shall
accompany and support the victim through the forensic medical
examination process and investigatory interviews and shall provide
emotional support, crisis intervention, information, and referrals.
Victim advocacy services have been arranged and outlined in the MOU which will be
be signed soon by all interested parties, once the final document is agreed on, as
indicated by the advocacy agency representative and the facility staff. The
advocacy agency representative provided that services would not be impeded due
to the lack of a signed agreement. The ECCAC works closely with the child welfare
agency and law enforcement and accepts referrals from them. This victim advocacy
facility provides a range of programs and services, according to the PREA
coordinator/compliance manager which include forensic medical examinations,
accompaniment, referrals, assigned advocate, emotional support, and crisis
counseling. The ECCAC coordinates with law enforcement and the child welfare
agency to minimize trauma to the resident by having the resident tell the story once
in a single location. An allegation of sexual abuse was not reported in the facility
during this audit period.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor
determined the facility is compliant with this provision.
Provisions (f):
To the extent the facility itself is not responsible for investigating
allegations of sexual abuse, the facility shall request that the
investigating facility follow the requirements of paragraphs (a) through (f)
of this section. (g): The requirements of paragraphs (a) through (f) of this
section shall also apply to:
(1) Any State entity outside of the facility that is responsible for
investigating allegations of sexual abuse in juvenile facilities; and
(2) Any Department of Justice component that is responsible for
investigating allegations of sexual abuse in juvenile facilities.
According to the PAQ, the facility or parent agency is not responsible for
investigating administrative or criminal allegations of sexual abuse and relies on
another agency to conduct these investigations, the agency has requested that the
responsible agency follow the requirements of paragraphs §115.321 (a) through (e)
of the standards. The DJJ/OIG investigators conduct administrative investigations in
accordance with facility policy, and the PREA Standards as outlined on the PREA
Compliance Form. Investigations of allegations of sexual abuse or sexual
harassment that are criminal in nature are investigated by law enforcement and
DCF. The Compliance Form is provided to law enforcement through the OIG.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor
determined the facility is compliant with this provision.
115.322 Policies to ensure referrals of allegations for investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Facility Policy FDJJ 1919, PREA
Pre-Audit Questionnaire (PAQ)
Investigation Reports
PREA Compliance Form
Agency Website
Interviews:
Investigative Staff
Agency Head
Provision (a):
The facility shall ensure that an administrative or criminal investigation is
completed for all allegations of sexual abuse and sexual harassment.
The agency/facility ensures an administrative or criminal investigation is completed
for all allegations of sexual abuse and sexual harassment in State-run and contract
facilities, as supported by agency policy and the facility response on the PAQ. FDJJ
policy, page 14, states, "The Department does not conduct criminal investigations
for youth-related sexual abuse reports. Local law enforcement agencies and the
Department of Children and Families handle such investigations involving youth in
Florida. The Department conducts administrative investigations and management
reviews, separate and apart from any criminal investigations, to identify any
misconduct by staff as related to Department regulatory guidance." According to
the PAQ, "The agency ensures that an administrative or criminal investigation is
completed for all allegations of sexual abuse and sexual harassment.
The interviews with the 13 random staff supported that all allegations of sexual
abuse and sexual harassment are to be reported and all verbal reports must be
documented. The interview with the agency head revealed that an administrative or
criminal investigation is completed for all allegations of sexual abuse and sexual
harassment.; "all allegations are taken seriously." The agency head further provided
that there are no investigators within the facility or parent agency; allegations are
investigated by the Department of Juvenile Justice (DJJ) investigators, Department of
Children and Families (DCF), and/or law enforcement. She described how the
allegation would be reported through the abuse hotline, DJJ Central Communications
Center, and/or law enforcement.
The facility reports one allegation of youth-on-youth sexual harassment. The
allegation was reported to all investigative entities; DJJ/Office of Inspector General
(OIG), DCF, and law enforcement. All agencies opened a case and conducted an
investigation. The case was closed by DCF "with no services recommended," as
stated in the investigation report. The Okaloosa County Sheriff's Office investigator
completed a report stating it was determined there was insufficient evidence to
substantiate the claim. The case was closed by DJJ/OIG as Information Only
regarding the allegation of sexual harassment and was Inconclusive regarding policy
violation by staff, according to the investigation report. One allegation of sexual
abuse by an unknown involved person was reported from outside of the facility. An
officer visited the resident at the facility and the Incident Information report stated,
"At this time, it does not appear that the alleged battery occurred on-site. There is
no further information at this time." The incident status was shown as open and
indicated by law enforcement that an outside agency would conduct the
investigation.
The PREA Compliance Form is provided to investigators from law enforcement
agencies, through the OIG, to ensure proper protocol is followed when conducting
investigations of sexual abuse within the confinement setting. The following is a
segment of the PREA Compliance Form which is shared with law enforcement
investigators:
"According to DJJ policy, and to remain PREA compliant, all investigations conducted
by DJJ investigators concerning allegations of sexual abuse, will conform to the
following PREA Standards. It is the desire of DJJ that all assisting law enforcement
entities also adhere to the below listed requirements of 28 CFR 115.21, as are
applicable on a case by case basis.
PREA § 115.21 Evidence protocol and forensic medical examinations
· (a)To the extent the agency is responsible for investigating allegations of
sexual abuse; the agency shall follow a uniform evidence protocol that maximizes
the potential for obtaining usable physical evidence for administrative proceedings
and criminal prosecutions.
· (b) The protocol shall be developmentally appropriate for youth where
applicable, and, as appropriate, shall be adapted from or otherwise based on the
most recent edition of the U.S. Department of Justice’s Office on Violence Against
Women publication, “A National Protocol for Sexual Assault Medical Forensic
Examinations, Adults/Adolescents,” or similarly comprehensive and authoritative
protocols developed after 2011.
· (c) The agency shall offer all victims of sexual abuse access to forensic
medical examinations, whether on-site or at an outside facility, without financial
cost, where evidentiarily or medically appropriate. Such examinations shall be
performed by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse
Examiners (SANEs) where possible. If SAFEs or SANEs cannot be made available, the
examination can be performed by other qualified medical practitioners. The agency
shall document its efforts to provide SAFEs or SANEs.
· (d) The agency shall attempt to make available to the victim a victim advocate
from a rape crisis center. If a rape crisis center is not available to provide victim
advocate services, the agency shall make available to provide these services a
qualified staff member from a community-based organization, or a qualified agency
staff member. Agencies shall document efforts to secure services from rape crisis
centers. For the purpose of this standard, a rape crisis center refers to an entity that
provides intervention and related assistance, such as the services specified in 42
U.S.C. 14043g(b)(2)(C), to victims of sexual assault of all ages. The agency may
utilize a rape crisis center that is part of a governmental unit as long as the center is
not part of the criminal justice system (such as a law enforcement agency) and
offers a comparable level of confidentiality as a nongovernmental entity that
provides similar victim services.
· (e) As requested by the victim, the victim advocate, qualified agency staff
member, or qualified community-based organization staff member shall accompany
and support the victim through the forensic medical examination process and
investigatory interviews and shall provide emotional support, crisis intervention,
information, and referrals.
If you have any questions or concerns please contact the FDJJ Office of Inspector
General at (850) 921-6344."
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provisions (b):
The facility shall have in place a policy to ensure that allegations of sexual
abuse or sexual harassment are referred for investigation to an facility
with the legal authority to conduct criminal investigations, unless the
allegation does not involve potentially criminal behavior. The facility shall
publish such policy on its website or, if it does not have one, make the
policy available through other means. The facility shall document all such
referrals.
The agency has an overarching PREA policy that requires allegations of sexual
abuse or sexual harassment be referred for an investigation to an investigative
entity that has the legal authority to conduct criminal investigations which include
the Department of Children and Families and law enforcement. The agency does not
conduct criminal investigations; only administrative investigations. All allegations
are documented on a dedicated incident report form and all investigations are
documented. Pages 14-15 of policy FDJJ 1919 provides the following, in support of
this provision:
"1. The Department does not conduct criminal investigations for youth-related
sexual abuse reports. Local law enforcement agencies and the Department of
Children and Families handle such investigations involving youth in Florida. The
Department conducts administrative investigations and management reviews,
separate and apart from any criminal investigations, to identify any misconduct by
staff as related to Department regulatory guidance. Staff are expected to cooperate
with Office of the Inspector General (OIG) investigations.
2.The OIG staff will be trained on Department policies and procedures related to the
handling of sexual misconduct incidents and reports.
3.The Department will ensure administrative investigations and reviews are
completed for all allegations of sexual misconduct and all administrative
investigations by the OIG shall follow OIG guidelines governing PREA investigations.
4.The Department and/or agency being audited shall demonstrate that it has
attempted to gain compliance from local law enforcement that conducts criminal
investigations of sexual abuse with requirements (a) through (e) of standard 28
C.F.R. Part 115.321."
The agency's website contains the investigation policy that describes investigative
responsibilities of both the agency and the separate investigative entities. The
agency head designee confirmed the agency has policies that guides staff in
conducting investigations and the responsibilities of the investigate entities. During
the interview, he stated, "we have several policies that require all allegations of
sexual abuse or sexual harassment be investigated." The investigation reports
document the referrals of allegations and the completion of related reports.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provision (c):
If a separate entity is responsible for conducting criminal investigations,
such publication shall describe the responsibilities of both the facility and
the investigating entity.
According to the PAQ, such publication describes the responsibilities of both the
agency and the investigative entity when a separate entity is responsible for
conducting criminal investigations. Policy FDJJ 1919, indicating which investigative
entities conduct investigations and the type, and reporting information is posted on
the agency's website, accessible to the public. Policies, investigation reports, and
interviews confirmed allegations of sexual abuse and sexual harassment are
investigated. Administrative investigations are conducted by DJJ/OIG trained
investigators. Allegations that are criminal in nature are referred to law enforcement
and DCF. The PREA Compliance Form is provided to investigators from law
enforcement agencies, through the OIG, to ensure proper protocol is followed when
conducting investigations of sexual abuse within the confinement setting. The bulk
of the PREA Compliance Form is provided in Provision (a).
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provision (d):
Any State entity responsible for conducting administrative or criminal
investigations of sexual abuse or sexual harassment in juvenile facilities
shall have in place a policy governing the conduct of such investigations.
NA
Provision (e):
Any Department of Justice component responsible for conducting
administrative or criminal investigations of sexual abuse or sexual
harassment in juvenile facilities shall have in place a policy governing the
conduct of such investigations.
NA
115.331 Employee training
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Pre-Audit Questionnaire (PAQ)
Training Curricula
Training Records
Interviews:
Random Staff
Training Staff
Provision (a):
The agency shall train all employees who may have contact with residents
on:
(1) Its zero-tolerance policy for sexual abuse and sexual harassment;
(2) How to fulfill their responsibilities under agency sexual abuse and
sexual harassment prevention, detection, reporting, and response policies
and procedures;
(3) Residents’ right to be free from sexual abuse and sexual harassment;
(4) The right of residents and employees to be free from retaliation for
reporting sexual abuse and sexual harassment;
(5) The dynamics of sexual abuse and sexual harassment in juvenile
facilities;
(6) The common reactions of juvenile victims of sexual abuse and sexual
harassment;
(7) How to detect and respond to signs of threatened and actual sexual
abuse and how to distinguish between consensual sexual contact and
sexual abuse between residents;
(8) How to avoid inappropriate relationships with residents;
(9) How to communicate effectively and professionally with residents,
including lesbian, gay, bisexual, transgender, intersex, or gender
nonconforming residents;
(10) How to comply with relevant laws related to mandatory reporting of
sexual abuse to outside authorities; and
(11) Relevant laws regarding the applicable age of consent.
According to the PAQ, the agency trains all employees who may have contact with
residents on the agency's zero-tolerance policy for sexual abuse and sexual
harassment. Policy FDJJ 1919, p. 17, addresses PREA related training for staff.
Interviewed staff members were generally familiar with the PREA information
regarding primary components of preventing, detecting and responding to sexual
abuse or sexual harassment.
The agency developed a specific PREA training curriculum, Part One and Part Two,
that address the following: (1) Its zero-tolerance policy for sexual abuse and sexual
harassment; (2) How to fulfill their responsibilities under agency sexual abuse and
sexual harassment prevention, detection, reporting, and response policies and
procedures; (3) Residents’ right to be free from sexual abuse and sexual
harassment; (4) The right of residents and employees to be free from retaliation for
reporting sexual abuse and sexual harassment; (5) The dynamics of sexual abuse
and sexual harassment in juvenile facilities; (6) The common reactions of juvenile
victims of sexual abuse and sexual harassment; (7) How to detect and respond to
signs of threatened and actual sexual abuse and how to distinguish between
consensual sexual contact and sexual abuse between residents; (8) How to avoid
inappropriate relationships with residents; (9) How to communicate effectively and
professionally with residents, including lesbian, gay, bisexual, transgender, intersex,
or gender nonconforming residents; (10) How to comply with relevant laws related
to mandatory reporting of sexual abuse to outside authorities; and (11) Relevant
laws regarding the applicable age of consent.
The facility policy, 13.03, Staff PREA Training, p.1, mirrors the standard provision: "It
is the policy of Okaloosa Youth Academy will train all employees who may have
contact with residents on: (1) Zero-tolerance policy (policy 13.00) for sexual abuse
and sexual harassment; (2) How to fulfill their responsibilities under agency sexual
abuse and sexual harassment prevention, detection, reporting, and response
policies and procedures; (3) Residents’ right to be free from sexual abuse and
sexual harassment; (4) The right of residents and employees to be free from
retaliation for reporting sexual abuse and sexual harassment; (5) The dynamics of
sexual abuse and sexual harassment in juvenile facilities; (6) The common reactions
of juvenile victims of sexual abuse and sexual harassment; (7) How to detect and
respond to signs of threatened and actual sexual abuse and how to distinguish
between consensual sexual contact and sexual abuse between residents; (8) How to
avoid inappropriate relationships with residents; (9) How to communicate effectively
and professionally with residents, including lesbian, gay, bisexual, transgender,
intersex, or gender nonconforming residents; and (10) How to comply with relevant
laws related to mandatory reporting of sexual abuse to outside authorities; and (11)
Relevant laws regarding the applicable age of consent.
It was determined that PREA related training is provided to all staff as indicated
through a review of the policies and training documents and the results of the
interviews with 13 random staff and informal conversations with other random staff
and training staff. Initial training is provided soon after hire and policy FDJ1919,
page 17, requires a formal refresher to occur every two years; however, informal
conversations with random staff and training staff and PAQ indicate that PREA
refreshers occur annually. According to the training staff, PREA training occurs
online and in-person. Nine of the 13 random staff members interviewed reported
having completed PREA related training or a refresher in 2025. The remaining four
reported receiving training or a refresher one month ago; two months ago; one
week ago; or two weeks ago. The initial training and refresher are based on the
employee's hire date; the electronic training records reflect the varying dates.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is in compliant with this provision.
Provision (b):
Such training shall be tailored to the unique needs and attributes of
residents of juvenile facilities and to the gender of the residents at the
employee’s facility. The employee shall receive additional training if the
employee is reassigned from a facility that houses only male residents to
a facility that houses only female residents, or vice versa.
The facility houses males and the training considers the needs of the population
served as indicated by the training curricula and interviews. The policies and
interviews support training being tailored to the needs and attributes of the
population served. A review of the training curricula and informal conversation with
training staff indicate the agency curricula is adaptable to meet the needs of the
makeup of the population served within each facility. All staff within the facility are
provided PREA training as appropriate according to the training staff; all staff hired
receive the PREA training specifically for the facility. According to policy 13.03, Staff
PREA Training, p.1, "Such training shall be tailored to the unique needs and
attributes of residents of the facility and to the gender of the residents in the facility.
The employee shall receive additional training if the employee is reassigned from a
facility that houses only male residents to a facility that houses only female
residents, or vice versa."
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provision (c):
All current employees who have not received such training shall be trained
within one year of the effective date of the PREA standards, and the
agency shall provide each employee with refresher training every two
years to ensure that all employees know the agency’s current sexual
abuse and sexual harassment policies and procedures. In years in which
an employee does not receive refresher training, the agency shall provide
refresher information on current sexual abuse and sexual harassment
policies.
Initial training is provided soon after hire and policy FDJ1919, page 17, requires a
formal refresher to occur every two years; however, informal conversations with
random staff and training staff and PAQ indicate that PREA refreshers occur
annually. Staff interviews and documentation support that refresher training is
conducted annually. All random staff interviewed and training staff indicated
training is provided as required. The facility has 100 staff members that may have
contact with residents and all were trained or received a refresher on the PREA
requirements. Staff are not allowed to work with residents until the PREA and other
training has been completed.
Policy 13.03, Staff PREA Training, pp.1-2, states, "The facility shall provide each
employee with refresher training every two years to ensure that all employees know
the facility’s current sexual abuse and sexual harassment policies and procedures.
In years in which an employee does not receive refresher training, the facility shall
provide refresher information on current sexual abuse and sexual harassment
policies." The informal conversations with random staff and training staff and
training records indicate refresher training occurs on a regular basis. Informal
conversations with random staff provided that refreshers are provided formally; in
staff meetings; and in shift briefings.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provision (d):
The agency shall document, through employee signature or electronic
verification that employees understand the training they have received.
The PREA training reviewed was documented electronically and verified through 13
random staff interviews and informal communication with training staff. Training
acknowledgement statements, certificates, and/or electronic records are used to
document staff training. The sample of electronic training record reviewed showed
the staff member's name, attempt date, and a "C" indicating the training was
completed. Facility policy 13.03, Staff PREA Training, p.2, states, "The facility shall
document, through employee signature or electronic verification, that employees
understand the training they have received." The agency policy FDJJ 1919, p.17, and
facility policy 13.03 are aligned regarding the documentation of the receipt of
training.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
115.332 Volunteer and contractor training
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Training Curriculum
Training Records
Interviews:
Contractors
Provision (a):
The agency shall ensure that all volunteers and contractors who have
contact with residents have been trained on their responsibilities under
the agency’s sexual abuse and sexual harassment prevention, detection,
and response policies and procedures.
According to the PAQ and informal conversation with the superintendent, there are
no volunteers in the facility. Contractors provide services in the areas of medical
(physician and psychiatrist) and the education staff. Agency policy FDJJ 1919, p.18,
states, "All volunteers and contracted providers in Residential and Detention
facilities who have contact with youth must be trained on their responsibilities under
the Department’s sexual misconduct prevention, detection, and response policy and
procedures." The facility policy, 13.04 PREA Training for Volunteers, p. 1, also
provides that contractors and volunteers who have contact with residents must be
trained on PREA and their responsibilities regarding sexual assault prevention,
detection, and response to allegations of sexual abuse and sexual harassment.
Two contractors within the education unit were interviewed. A review of documents,
training curriculum, interviews, and observation confirm the training occurs. Both
stated they had received training in their responsibilities regarding sexual abuse
and sexual harassment prevention, detection and response, per the agency policy
and procedures. The electronic training record was provided to the auditor for the
two contractors interviewed.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor
determined the facility is compliant with the provision of this standard.
Provision (b):
The level and type of training provided to volunteers and contractors shall
be based on the services they provide and level of contact they have with
residents, but all volunteers and contractors who have contact with
residents shall be notified of the agency’s zero-tolerance policy regarding
sexual abuse and sexual harassment and informed how to report such
incidents.
The interviews and review of documentation revealed the PREA training informs the
participants of their role in reporting allegations of sexual abuse and sexual
harassment. The contractors confirmed they are informed of their responsibilities
regarding sexual abuse prevention, detection, and response to an allegation of
sexual abuse or sexual harassment. The seven page curriculum is designed for
specialized staff that serves as contractors. The agency's zero-tolerance policy FDJJ
1919 is reviewed within the training, according to the interviews. The zero-tolerance
policy is also posted on the agency's website and may be downloaded.
The PREA training was provided online to the contractors initially, confirmed by the
interviews and training records and a refresher was provided onsite by the PREA
Coordinator/Compliance Manager. The contractors collectively provided the training
included an overview of PREA; how and when to report; related definitions; and
review of zero-tolerance policy. The initial online training contains cognitive post-
tests and participation is documented electronically. The onsite refresher is
documented utilizing a training acknowledgement statement.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor
determined the facility is compliant with the provision of this standard.
Provision (c):
The agency shall maintain documentation confirming that volunteers and
contractors understand the training they have received.
The training documentation and interviews confirmed the receipt and awareness of
training by contractors. The interviews indicated the contractors understand the
training received. The initial online training contains cognitive post-tests and
participation is documented electronically. The onsite refresher is documented
utilizing a training acknowledgement statement.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor
determined the facility is compliant with the provision of this standard.
115.333 Resident education
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
PREA Pre-Audit Questionnaire (PAQ)
Resident Handbook
New Youth Orientation Checklist
Acknowledgement Statements
Training Logs/Sign-in Sheets
Brochures
Posted Information
Interviews:
Residents/Targeted Interviewees
Intake Staff
Provisions (a):
During the intake process, residents shall receive information explaining,
in an age- appropriate fashion, the facility’s zero tolerance policy
regarding sexual abuse and sexual harassment and how to report
incidents or suspicions of sexual abuse or sexual harassment.
According to the PAQ: Residents receive information at time of intake about the
zero-tolerance policy and how to report incidents or suspicions of sexual abuse or
sexual harassment. The information is provided in an age appropriate fashion. There
was 122 residents admitted in the past 12 months who received comprehensive
age-appropriate education on their rights to be free from sexual abuse and sexual
harassment, from retaliation for reporting such incidents, and on agency policies
and procedures for responding to such incidents within 10 days of intake. Agency
policy FDJJ 1919, p. 18, states the following:
1. "During intake, all youth will be provided with information on the agency’s
zero-tolerance policy regarding sexual misconduct, including how to report
incidents or suspicions of sexual misconduct.
2. Special accommodations shall be made to ensure all written information
about sexual misconduct policies, including how to report sexual
misconduct, is conveyed verbally to youth with limited reading skills or who
are visually impaired, deaf, or otherwise disabled.
3. Within 10 days of intake, the facility shall provide comprehensive education
to youth (either in-person or via video) regarding 1) youths’ rights to be free
from sexual misconduct, 2) youths’ rights to be free from retaliation for
reporting such misconduct, and 3) the facility’s sexual misconduct response
policies and procedures. Refresher information will be readily available to all
youth at all facilities. The facility will retain documentation of youth
participation in said training classes."
The evidence shows residents receive information at the time of intake about PREA
including the zero-tolerance policy of the facility and how to report allegations of
sexual abuse and sexual harassment. The policy provides that all residents admitted
receive PREA education. Residents received directions on how to report allegations
of sexual abuse and sexual harassment; and the right to be free from retaliation for
reporting, according to the 16 residents interviewed, intake staff interview, and a
sample of 16 acknowledgement statements signed by residents. The interviews with
the 16 residents revealed they have a clear understanding of the aforementioned
and the various ways of how to report allegations of sexual abuse and sexual
harassment. The responses from residents on how they were provided the
information included: staff explained; provided a packet; provided a Student
Handbook; saw the video; read some papers or had them read to him; and/or saw
the information posted on the walls. The Student Handbook, p.4, provides
information on how to report allegations of sexual abuse, including the abuse
reporting hotline number
The intake staff interview and the review of a sample of 16 resident files containing
acknowledgement statements confirmed she provided residents with information
about the agency's zero-tolerance policy and how to report incidents or suspicions
of sexual abuse and sexual harassment, at intake. She also stated she shows the
video and explains the PREA information. The following questions were asked of
residents directly, "When you came here, were you told about: a. Your right to not
be sexually abused or sexually harassed? b. How to report sexual abuse or sexual
harassment? c. Your right not to be punished for reporting sexual abuse or sexual
harassment? All indicated the information was provided. When asked directly how
long after coming to the facility did they get the information, one did not remember;
two answered on the second day of admission; and 13 stated they received the
information on the first day of admission.
The parent agency's overarching agreement with LanguageLine Solutions provides
for language interpreter services, translation of documents, access to certified
American Sign Language provider, and specialized interpreters for Deaf and Hard-of-
Hearing residents, as confirmed by the brochure and a telephone conversation with
a LanguageLine representative. The education unit also provides support services,
especially through certified teachers with the educational background to modify/
adapt information for all residents to understand. Assistance may also be provided
by the treatment staff to ensure all residents’ understanding of the PREA
information. Posted PREA information is in English, French, and Spanish and the
PREA video shown at intake and other times is in English and Spanish. Information
may also be accessible in Creole and other languages as needed through
LanguageLine Solutions and/or bilingual staff, according to the LanguageLine
brochure, auditor contact with a LanguageLine representative, and the interview
with the PREA coordinator/compliance manager. No interpretation services were
needed during the onsite audit phase.
There were no new admissions during the onsite audit phase. The intake staff
conducted a walkthrough of the intake process and the paths taken by the youth
during the intake process. The New Youth Orientation Checklist is activated and
completed for each new admission and must be a part of the resident's file. This
required document ensures current residents have been provided information about
the agency's zero-tolerance policy and how to report incidents or suspicions of
sexual abuse and sexual harassment. The assigned case manager provides the
intake services to the to the youth upon their arrival as a part of the caseload
services.
Conclusion:
Based upon the review and analysis of the available evidence, interviews, and
observations, the auditor determined the facility is compliant with this provision.
Provision (b):
Within 10 days of intake, the facility shall provide comprehensive age-
appropriate education to residents either in person or through video
regarding their rights to be free from sexual abuse and sexual harassment
and to be free from retaliation for reporting such incidents, and regarding
facility policies and procedures for responding to such incidents.
According to the PAQ, there were 122 residents admitted in the past 12 months who
received comprehensive age-appropriate education on their rights to be free from
sexual abuse and sexual harassment, from retaliation for reporting such incidents,
and on agency policies and procedures for responding to such incidents within 10
days of intake. A review of the education materials indicated the information
provided to the residents was age-appropriate. It was revealed that PREA refresher
education sessions are conducted during group sessions as a rotating topic among
treatment topics covered in group activities. According to the intake staff, the Case
Managers who serve as intake staff, Therapists, and other staff are available to
address questions that a resident may have regarding PREA.
A review of the education materials show the information is age-appropriate
however it was recommended that additional emphasis be placed on the
identification and purpose of the advocacy facility and the services provided and
that it be rotated in the group sessions on a regular basis. The residents initially sign
acknowledgement statements which represent receipt of the PREA information
provided at intake. The PREA video is also shown again within 10 days of intake. A
training log, PREA Comprehensive Education for Youth, was reviewed and it
contained residents' signatures confirming the occurrence of a comprehensive
education session. The intake staff stated she reviews a sheet with all residents that
address the following: a. The right to not be sexually abused or sexually harassed b.
How to report sexual abuse or sexual harassment c. The right not to be punished for
reporting sexual abuse or sexual harassment. Once she reviews that information
with the youth, they sign the form indicating the review of the information. The
intake staff revealed the youth are made aware of this information on the first day
of arrival to the facility.
Conclusion:
Based upon the review and analysis of the available evidence, interviews, and
observations, the auditor determined the facility is compliant with this provision.
Provision (c):
Current residents who have not received such education shall be educated
within one year of the effective date of the PREA standards, and shall
receive education upon transfer to a different facility to the extent that
the policies and procedures of the resident’s new facility differ from those
of the previous facility.
All residents have received PREA education as evidenced by the the review of the
resident files, 16 resident interviews, intake staff interview, and informal
conversations with random residents. According to policy FDJJ 1919, p.18, "During
intake, all youth will be provided with information on the agency’s zero-tolerance
policy regarding sexual misconduct, including how to report incidents or suspicions
of sexual misconduct." The facility reports that 122 youth were admitted to the
facility during the past 12 months and that all participated in PREA education
sessions. Formal interviews and informal conversations with residents and interview
with intake staff and review of documentation support that all youth admitted to the
facility received PREA education during the intake process.
Acknowledgement statements and the interviews indicate that general PREA
education is provided and the corrective action supplemented the general education
by providing customized information regarding outside advocacy services which will
be incorporated and emphasized in the future PREA education sessions during
intake and included in the comprehensive PREA education sessions. All residents
receive comprehensive PREA education; the PREA Comprehensive Education for
Youth sign-in roster documents the training occurred. All residents receive the initial
PREA education in real time and the comprehensive education at least 10 days after
admission to the facility.
Conclusion:
Based upon the review and analysis of the available evidence, interviews, and
observations, the auditor determined the facility is compliant with this provision.
Provision (d):
The facility shall provide resident education in formats accessible to all
residents, including those who are limited English proficient, deaf, visually
impaired, or otherwise disabled, as well as to residents who have limited
reading skills.
According to PAQ: Resident PREA education is available in formats accessible to all
residents, including those who are limited English proficient. Resident PREA
education is available in formats accessible to all residents, including those who are
deaf. Resident PREA education is available in formats accessible to all residents,
including those who are visually impaired. Resident PREA education is available in
formats accessible to all residents, including those who are otherwise disabled.
Resident PREA education is available in formats accessible to all residents, including
those who have limited reading skills. All in accordance with agency policy FDJJ
1919, p. 18. The facility has the capability to provide the PREA education in formats
accessible to all residents including those who may be hearing impaired; Deaf; have
intellectual, psychiatric and speech disabilities; low vision; blind; limited reading,
limited English proficient, and based on the individual need of the resident, per
policy.
The education staff provides services through certified teachers with the
educational background to modify/adapt information for all residents to understand.
The education unit is a resource for accessibility and supportive services; the
mental health and case management units may assist in ensuring residents
understand the PREA information. The facility has bilingual staff as well as access to
the translation of additional languages through an agreement with the parent
agency and LanguageLine Solutions. A LanguageLine Solutions representative
confirmed the available translating services, including services for the Deaf. The
PREA videos are available in English and Spanish and other languages are
accessible. Posted and other printed PREA information is in English, Spanish, and
French. A telephone conversation with a LanguageLine representative, through a
test call, confirmed the accessibility of services on-demand.
The random staff interviews revealed a practice of residents not used as translators
or readers for other residents. There is a collective awareness of the availability of
bilingual staff and professional translating and interpreting services. The facility has
knowledge of the youth’s arrival to the facility prior to the admission date. This time
period provides for the identified staff to make plans to accommodate the special
needs of residents. The special arrangements are coordinated by treatment team
staff in collaboration with the superintendent. PREA posters, information sheets, and
brochures are collectively available in English and Spanish, and there is access to
other languages when indicated. The targeted interviewees confirmed receiving
information on how to report; their right not to be sexually abused, and the right not
to be punished if they reported an allegation. They also revealed staff verbally
explained the PREA information to them.
Conclusion:
Based upon the review and analysis of the available evidence, interviews, and
observations, the auditor determined the facility is compliant with this provision.
Provision (e):
The facility shall maintain documentation of resident participation in these
education sessions.
The PAQ acknowledges the facility maintains documentation of resident
participation in PREA education sessions. Signed acknowledgement statements
were reviewed which supported the residents’ involvement in PREA education
sessions. The residents’ interviews revealed the exposure to PREA through the PREA
education sessions. The residents were aware of how to report allegations of sexual
abuse and sexual harassment and that they would not be punished for reporting
such. The refresher PREA education session regarding advocacy services
information provided enhanced PREA education sessions and was documented on a
training log. The initial training was documented as an acknowledgement
statement based on the 16 acknowledgement statements reviewed. There is also a
dedicated form, PREA Comprehensive Education for Youth, for documenting PREA
education session.
Conclusion:
Based upon the review and analysis of the available evidence, interviews, and
observations, the auditor determined the facility is compliant with this provision.
Provision (f):
In addition to providing such education, the facility shall ensure that key
information is continuously and readily available or visible to residents
through posters, resident handbooks, or other written formats.
The PAQ acknowledged, the facility ensures that key information about the agency's
PREA policies is continuously and readily available or visible through posters,
resident handbooks, or other written formats. The PREA education materials provide
residents information on how to report allegations of sexual harassment and sexual
abuse. PREA information is posted and provided to residents to assist in eliminating
incidents of sexual abuse and sexual harassment. The printed materials provide
information on sexual abuse and sexual harassment; steps victims may take; and
reporting information. Each resident is provided a Student Handbook and an
orientation packet which also contains PREA information. PREA-related information
was observed posted or displayed throughout the facility.
PREA signage is placed at varying eye levels and are colorful and/or graphic with
consistent messages. The signage in the dormitories are placed at a level for
reading while standing as tested by the auditor. Civil Immigration information is also
posted. The interviews with the residents revealed they know where to find
information on the wall if they need it. The interviews confirmed the PREA audit
notices had been up for awhile and that the PREA information is always on the walls.
PREA information is located in the housing area; common areas for staff, residents,
contractors, and visitors; lobby; and offices.
The interviews with the residents revealed the need for a refresher education
session focusing on the advocacy facility and the services provided to victims of
sexual abuse to ensure the residents’ clear and un-contradicted understanding of
the information. Seven out of 16 (44%) residents interviewed did not have a clear
understanding of the information provided regarding advocacy services. The
corrective action of conducting a refresher PREA education session regarding the
victim advocacy services and agency, Emerald Coast Children's Advocacy Center,
was implemented. The PREA coordinator/compliance manager conducted the
refresher education session and provided documentation of training log/sign-in
sheet which included the training topic that supported the occurrence of the
refresher PREA education session and provided the documents to the auditor. The
sign-in sheet was also signed by the instructor indicating the occurrence of the
refresher education session. Informal conversations with random residents during a
subsequent walkthrough revealed the refresher education session had occurred.
The corrective action taken during the onsite audit phase supported compliance
because it immediately eliminated the nonconformity and addressed the issue.
Immediately addressing the issue through the refresher education sessions
mitigated the risk of what delaying the corrective action could have caused; the
corrective action addressed the immediate problem. The Case Manager Supervisor
stated she would share in the next case managers' meeting the directive to
emphasize the information regarding advocacy services during the intake process
for the benefit of future youth admitted to the facility.
Conclusion:
Based upon the review and analysis of the available evidence, interviews, and
observations, the auditor determined the facility is compliant with this provision.
115.334 Specialized training: Investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Document:
Pre-Audit Questionnaire (PAQ)
Interview:
Superintendent
Provision (a):
In addition to the general training provided to all employees pursuant to
§115.331, the agency shall ensure that, to the extent the agency itself
conducts sexual abuse investigations, its investigators have received
training in conducting such investigations in confinement settings.
The PAQ provides there are no trained investigators at the Okaloosa Youth Academy,
the facility does not conduct administrative or criminal sexual abuse investigations,
and that the provision is not applicable to this facility. The superintendent confirmed
this premise.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor
determined the facility is compliant with this provision.
Provision (b):
Specialized training shall include techniques for interviewing juvenile
sexual abuse victims, proper use of Miranda and Garrity warnings, sexual
abuse evidence collection in confinement settings, and the criteria and
evidence required to substantiate a case for administrative action or
prosecution referral.
Allegations that are criminal in nature are referred for investigation by Florida
Department of Juvenile Justice, Florida Department of Family and Children, and law
enforcement. General PREA training is required in addition to the specialized
training regarding conducting administrative investigations according to DJJ
investigative staff. The Okaloosa Youth Academy and its parent agency do not
conduct administrative or criminal sexual abuse investigations.
Conclusion:
Based upon the review and analysis of the available evidence, the auditor
determined the facility is compliant with this provision.
Provision (c):
The agency shall maintain documentation that agency investigators have
completed the required specialized training in conducting sexual abuse
investigations.
The Okaloosa Youth Academy does not conduct administrative or criminal sexual
abuse investigations; there are no trained investigators in the facility or its parent
agency.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
115.335 Specialized training: Medical and mental health care
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Training Curricula
Training Records
Interviews:
Medical Staff
Mental Health Staff
Provision (a):
The agency shall ensure that all full- and part-time medical and mental
health care practitioners who work regularly in its facilities have been
trained in:
(1) How to detect and assess signs of sexual abuse and sexual
harassment;
(2) How to preserve physical evidence of sexual abuse;
(3) How to respond effectively and professionally to juvenile victims of
sexual abuse and sexual harassment; and
(4) How and to whom to report allegations or suspicions of sexual abuse
and sexual harassment.
According to the PAQ, a policy exists regarding the training of medical and mental
health practitioners who work regularly in its facilities. Medical and mental health
staff members receive the regular PREA training as well as the specialized training
provided through the Florida Department of Juvenile Justice (DJJ). Electronic training
logs and interviews document regular PREA training and the specialized training for
medical and mental health staff members. The contract facility, Okaloosa Youth
Academy, also provides training specifically for medical staff regarding the DJJ
healthcare system. Policy FDJJ 1919, page 17, provides, "All full and part-time
medical and mental health care practitioners who work in Residential or Detention
facilities, whether employed by DJJ, contracted by DJJ, or contracted by DJJ
providers, will be expected to complete the PREA medical mental health training
available in SkillPro. This specialized training will include the following:
a. How to detect and assess signs of sexual abuse;
b. How to preserve physical evidence of sexual abuse;
c. How to respond effectively and professionally to juvenile victims of sexual abuse;
and
d. How and to whom to report allegations or suspicions of sexual abuse."
The medical and mental health staffs interviewed confirmed that all clinicians in
their respective areas have taken the online specialized training on the DJJ
electronic training platform, JJIS. The training consists of three modules entitled,
Mental Health and Medical Professionals, and collectively cover detection and signs
of sexual abuse; preservation of evidence; effective professional response; and
reporting; documented by the training curricula and interviews of the mental health
and medical staff.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provision (b):
If medical staff employed by the agency conduct forensic examinations,
such medical staff shall receive the appropriate training to conduct such
examinations.
Forensic examinations are not conducted at the facility.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provision (c):
The agency shall maintain documentation that medical and mental health
practitioners have received the training referenced in this standard either
from the agency or elsewhere.
The PAQ provides that the facility maintains documentation showing that medical
and mental health practitioners have completed the required training. Electronic
training records were reviewed which confirmed the training occurs and the
interviews supported the training occurs. Informal conversations with other clinical
staff also confirmed the participation in the training. The reviewed documentation is
maintained in SkillPro, DJJ's learning and management system, and the documents
may be downloaded.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provision (d):
Medical and mental health care practitioners shall also receive the
training mandated for employees under Standard 115.331 or for
contractors and volunteers under Standard 115.332, depending upon the
practitioner’s status at the agency.
The electronic training records reviewed demonstrated that medical and mental
health staffs completed the general training that is provided for all employees as
indicated by training documentation, interviews, and information conversations with
other mental health and medical staff.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
115.341 Obtaining information from residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Facility Policy 13.01, Screening for Risk of Sexual Victimization and Abusiveness
Pre-audit Questionnaire (PAQ)
Vulnerability, Victimization and Sexually Aggressive Behavior Instrument
Interviews:
Random Residents
Staff Responsible for Screening for Risk of Victimization and Abusiveness
Provision (a):
The policy provides that upon arrival or within 72 hours of the resident’s
arrival at the facility and periodically throughout a resident’s confinement,
the agency shall obtain and use information about each resident’s
personal history and behavior to reduce the risk of sexual abuse by or
upon a resident.
According to the PAQ and policy (page 4), each youth admitted to the facility will be
screened for risk of victimization, prior to room assignment, for sexual
vulnerabilities or acting out with sexually aggressive behavior. The instrument used
to screen for vulnerability to victimization and sexually aggressive behavior is the
Vulnerability, Victimization and Sexually Aggressive Behavior (VSAB). Information
may also be obtained from the parent/guardian and through review of the court
packet. Facility policy 13.01, page 1, provides for the screening to occur within 72
hours; however, a review of twenty percent (14) of completed VSABs and interviews
with 16 residents, revealed the VSABs are completed by mental health staff on the
same day of admission or within 24 hours. The number of residents that entered the
facility was 122. The interview with the staff responsible for the risk screening (risk
screener) revealed that "everybody" admitted to the facility, receives a risk
screening, VSAB, on the same day of arrival.
The length of stay in the facility is six to eight months. The interview with the risk
screener revealed a formal reassessment, using the VSAB, is completed where there
is new information (including an allegation of sexual abuse), inconsistent behavior,
or the stay in the facility has been extended beyond eight months. Policy FDJJ 1919,
page 5, provides that the treatment team continually review the resident's
assignment during the treatment team case review process. The treatment team
minutes document the regular case review process. The VSAB was not used to
complete a formal review during the past 12 months.
The risk screener provided a walkthrough of the process for administering the VSAB
and described a method of taking the time to build a rapport with the youth in an
effort to make the youth feel comfortable; this is done in the confidential setting of
an office. The risk screener further provided that the questions are asked,
explanations are provided where indicated; and probing is used to clarify
information. The youth is interviewed during the intake process to obtain
information about his personal history and behavior as indicated from a review of
twenty percent (14) of the VSABs completed during the past year and interviews
with 16 residents. During the interviews with 16 residents, 14 responses indicated
administration of the VSAB on the first day of arrival, one response revealed it was
the first or second day, and one resident said he did not remember. Informal
conversations with residents revealed familiarity with the questions on the VSAB
and comfort with mental health staff. All residents have an assigned therapist they
meet with regularly.
Conclusion:
Based on the review of documentation and staff and resident interviews, the auditor
determined compliance with this provision.
Provision (b):
Such assessments shall be conducted using an objective screening
instrument.
The PAQ confirms an objective screening instrument is used to obtain the
information required by the standard, including but not limited to prior sexual
victimization or abusiveness; self-identification; current charges and offense history;
disabilities; and a resident’s concern regarding his/her own safety. The instrument,
VSAB, is tabulated based on the information received where identified responses
can identify any special needs and safety concerns. Assessments are conducted
through the use of the VSAB containing verifiable items that collectively provide a
presumptive determination of risk for victimization or abusiveness. The
determination of the VSAB as an objective screening instrument is based on there
being clear, pre-determined, and measurable criteria or objectives and it measures
what it is intended to measure. The VSAB is administered by mental health staff
consistently, the same trained group, which also assists in minimizing subjective
interpretation and bias.
Conclusion:
Based on the review of documentation and staff and resident interviews, the auditor
determined compliance with this provision.
Provision (c):
At a minimum, the facility shall attempt to ascertain information about:
(1) Prior sexual victimization or abusiveness;
(2) Any gender nonconforming appearance or manner or identification as
lesbian, gay, bisexual, transgender, or intersex, and whether the resident
may therefore be vulnerable to sexual abuse;
(3) Current charges and offense history;
(4) Age;
(5) Level of emotional and cognitive development;
(6) Physical size and stature;
(7) Mental illness or mental disabilities;
(8) Intellectual or developmental disabilities;
(9) Physical disabilities;
(10) The residents’ own perception of vulnerability; and
(11) Any other specific information about individual residents that may
indicate heightened needs for supervision, additional safety precautions,
or separation from certain other residents.
The auditor reviewed the screening instrument and determined the items required
by this provision of the standard are included within the VSAB. The interview with
the risk screener confirmed awareness of the elements of the risk screening
instrument. The resident interviews also confirmed the administration of the
screening instrument and the general inquiries made. The interviews revealed the
practice is that the instrument is administered the first day of the youth’s admission
to the facility. The interviews with residents and risk screener and review of
documentation revealed the practice of the risk screening being conducted as
required and in accordance with policy. The review of the VSAB and policy 13.01, pp,
1-2, and interview with the risk screener confirmed the information obtained from
the VSAB includes but is not limited to:
· Prior sexual victimization or abusiveness;
· Resident’s own perception of vulnerability;
· Current charges and offense history;
· Self-identification of resident;
· Intellectual or developmental disabilities;
· Physical disabilities;
· Mental illness or mental disabilities;
· Level of emotional and cognitive development;
· Confirmation of size and stature;
· Confirmation of Age.
The VSAB contains additional specific information that may indicate heightened
needs for supervision, additional safety precautions, or separation from certain
other residents. There is a question regarding whether or not it is the youth's first
time in a Department of Juvenile Justice facility and another about the youth's
experience in a secure facility. Questions also seek information regarding the social
skills of the youth including their own perception about getting along with others,
feelings about being in groups, and feelings about being with people they do not
know. The interview with the risk screener revealed familiarity with the VSAB and its
measurement of risk factors for vulnerability and and aggressive behavior.
Conclusion:
Based on the review of documentation and staff interview, the auditor determined
compliance with this provision.
Provision (d):
This information shall be ascertained through conversations with the
resident during the intake process and medical and mental health
screenings; during classification assessments; and by reviewing court
records, case files, facility behavioral records, and other relevant
documentation from the resident’s files.
The information to complete the risk screening instrument is gleaned from various
sources. Information in determining the risk for victimization or abusiveness is
obtained through interviewing the youth. Additional information to complete the
screening instrument includes review of the court packet and interviews with a
parent/guardian. The facility staff is aware of pending admissions and treatment
staff has the opportunity to review the electronic record in an effort to preliminarily
prepare for the needs prior to their arrival. Additional assessments are completed
after the youth is admitted to the facility to obtain supportive information for
treatment planning and keeping the youth safe. The review of the14 resident files
confirmed data gathering from various sources.
The resident interviews provided that in addition to meeting with their therapist
during the intake process, they also meet with medical and mental health staff and
a description of the meetings was provided. The assessments are completed in
private, according to the residents and staff. The risk screener provided a
walkthrough of the process for the assessments completed by medical and mental
health staff and described a method of taking the time to build a rapport with the
youth in an effort to make the youth feel comfortable; this is done in the confidential
setting of an office.
Provision (e):
The facility shall implement appropriate controls on the dissemination
within the facility of responses to questions asked pursuant to this
standard in order to ensure that sensitive information is not exploited to
the resident’s detriment by staff or other residents.
The auditor observed appropriate controls taken to ensure that sensitive information
is protected and not exploited by maintaining the files securely in a locked file
cabined in locked offices or rooms when unoccupied. The key to the offices are in
the key control system. Electronic information is password protected with limited
and identified staff access. The risk screener addressed the management of
sensitive information and the expectation of confidentiality by staff. The treatment
and case management staffs have access to the risk screening instruments as well
as medical and the program director. Confidentiality is a component of staff training
and addressed by policy. Informal conversations with medical and mental health
staff and the risk screener confirmed use of the control measures regarding paper
and electronic records.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
115.342 Placement of residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Facility Policy 13.02, Placement of Youth in Housing, Bed, Program, Education, and
Work Assignment
Facility Policy 13.12, Protection of Youth at Risk of Sexual Victimization
Agency Policy FDJJ 1919, PREA
Pre-audit Questionnaire (PAQ)
Vulnerability to Sexual Victimization and Sexually Aggressive Behavior (VSAB)
Instrument
Admission Classification Form
Interviews:
Staff Responsible for Risk Screening (Risk Screener)
PREA Coordinator/PREA Compliance Manager
Superintendent
Random Staff
Medical
Mental Health
Provision (a):
The agency shall use all information obtained pursuant to §115.341 and
subsequently to make housing, bed, program, education, and work
assignments for residents with the goal of keeping all residents safe and
free from sexual abuse.
The policies, pp. 1, collectively provide guidance to staff regarding the use of the
information obtained from the screening instrument. The PAQ and policy 13.02,
page 1, specifically provide that information obtained from administration of the
VSAB is utilized to make placement decisions in all service areas for residents with
the goal of keeping them safe. The interviews with the superintendent and risk
screener collectively indicated the screening information is used to inform staff of
information based on the need to know; in housing and program assignments; and
assist in identifying treatment and any special services.
The risk screener completes the initial classification of each resident and it is
documented on the Admission Classification Form (ACF) and includes pertinent
information from the VSAB risk screening instrument, court commitment packet,
and other pertinent information. The ACF is reviewed and discussed in treatment
team meetings to ensure appropriate assignments for general as well as at-risk
placements in the services areas of education, housing, bed, program, and
housekeeping chores. The review of a sample of 14 files confirmed multi-source
information gathering in the VSABs.
The interview with the PREA Compliance Manager/PREA Coordinator supports that
the treatment team meetings ensure good decision-making in efforts to keep
residents safe, supported by reliance of the information provided from the VSAB. He
stated that the single cell housing within the facility is very helpful in supporting
safety. The risk screener described how room assignments are initially based on the
VSAB risk screening instrument. She agrees with the benefit of single cell housing
within the facility contributing to keeping residents safe and free from sexual abuse.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard regarding use of screening
information.
Provision (b):
Residents may be isolated from others only as a last resort when less
restrictive measures are inadequate to keep them and other residents
safe, and then only until an alternative means of keeping all residents safe
can be arranged. During any period of isolation, agencies shall not deny
residents daily large-muscle exercise and any legally required educational
programming or special education services. Residents in isolation shall
receive daily visits from a medical or mental health care clinician.
Residents shall also have access to other programs and work
opportunities to the extent possible.
According to over arching agency policy FDJJ 1919, pp. 5-6, a resident would only be
placed in isolation as a last resort for protection and it would only be until other
arrangements could be made to keep the resident safe. If in protective custody, the
agency policy also provides that residents will receive services which include
education, medical and mental health services. The practice is a brief period of
separation from the population, referred to as controlled observation which is used
for a brief cooling-off period of time and not overnight according to medical and
mental health staff and superintendent. The facility has policy governing controlled
observation.
Informal conversations with random staff revealed that isolation is not used as
protective custody regarding an allegation of sexual abuse. Medical and mental
health staff confirmed they visit residents in controlled observation and are not
aware of its use for protective custody. Random staff and superintendent interviews
collectively indicated that protective measures would be taken immediately when
needed, by separating residents to different dorms. This premise is also supported
by policy 13.12, page 1.
During the comprehensive site review and during the onsite audit period, all rooms
were empty during the day and residents were involved in program activities. There
were not any residents at risk of sexual victimization placed in isolation in the past
year, noted in the PAQ and no indication of such through the superintendent's
interview and the review of the sample (14) of resident files. There were no
allegations of sexual abuse based on the medical and mental health staff
interviews, PAQ, and the sample of resident files.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
Provision (c):
Not Applicable (NA)
Provision (d):
NA
Provision (e):
NA
Provision (f):
NA
Provision (g):
NA
Provision (h):
If a resident is isolated pursuant to paragraph (b) of this section, the
facility shall clearly document:
(1) The basis for the facility’s concern for the resident’s safety; and
(2) The reason why no alternative means of separation can be arranged.
From a review of 14 case files of residents and the PAQ, and staff interviews, there
were no residents at-risk of sexual victimization who were held in isolation in the
past 12 months.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard.
Provision (i):
Every 30 days, the facility shall afford each resident described in
paragraph (h) of this section a review to determine whether there is a
continuing need for separation from the general population.
According to the PAQ and the staff interviews, isolation is not used in this facility. No
residents at risk of sexual victimization were placed in isolation in the 12 months
preceding the audit based on a review of a sample of resident files (14), staff
interviews, and policy. According to facility policy 13.12, page 1, "It is the policy of
Okaloosa Youth Academy that the program will take measures to protect youth from
sexual victimization. Any report or grievance from a youth who feels at risk of
sexual victimization will be reviewed and if founded will result in separation of the
youth from potential abusers. The measures do not include isolation of youth from
the general population or routine activities. Instead, the youth will be transferred to
different living quarters with a different room assignment. The youth will remain in
the general population and participate in all routine activities including education,
and have access to all services such as mental health and medical services, and
exercise."
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this standard regarding use of screening
information.
115.351 Resident reporting
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
Facility Policy 13.22, Youth Reporting of Sexual Abuse and Sexual Harassment
Facility Policy 13.27, Referral of Sexual Abuse for Investigation
Florida Administrative Code, Rule 63F-11
Pre-Audit Questionnaire (PAQ)
General Counsel Memorandum
Student Handbook
Employee Handbook
PREA/Grievance Form
Special Request Form
Posted Information
Interviews:
Random Staff
Residents
PREA Compliance Manager
Provision (a):
The agency shall provide multiple internal ways for residents to privately
report sexual abuse and sexual harassment, retaliation by other residents
or staff for reporting sexual abuse and sexual harassment, and staff
neglect or violation of responsibilities that may have contributed to such
incidents.
The policies and facility practice provide for internal ways a resident may report
allegations of sexual abuse and sexual harassment, including how they can
privately report sexual abuse and sexual harassment; retaliation for reporting; and
staff neglect or violations of responsibilities that may have contributed to such.
Policy 13.22, pp. 1-2, specifically provide that residents may report allegations of
sexual abuse and sexual harassment to a therapist, superintendent, write the
allegation on a Grievance Form, complete a Special Request form or otherwise put
in writing, or use the abuse reporting hotline. Sixteen residents were interviewed
and collectively all of the methods of reporting stated in policy were provided by the
residents. Thirteen random staff were interviewed and collectively responded that a
resident may make a report in writing, tell staff directly, or utilize the hotline.
The policies and Student Handbook provide that residents may report allegations of
sexual abuse or sexual harassment by telephone through the 24-hour Florida abuse
reporting hotline. Telephones are accessible to residents for reporting allegations of
sexual abuse and sexual harassment. Staff members are required to make the use
of the telephone accessible for residents to report allegations of sexual abuse and
sexual harassment, and staff neglect or violation of responsibilities that may have
contributed to such incidents. This premise is supported by the policies. FDJJ 1919
and 13.22 provide that residents 18 years and over may call the North Okaloosa
County Sheriff's Office or the Central Communications Center.
Policy, posters, and the Student Handbook collectively provide the telephone
numbers and instructions for reporting allegations and/or receipt of follow-up
information as a result of sexual abuse or sexual harassment. The posters are at
varying eye levels and a handbook is provided to each resident. In addition to
accessing a telephone, residents are also informed in the PREA education sessions,
determined from the interviews, that they may tell staff; submit a complaint in
writing including the use of a PREA/Grievance Form or Special Request Form; or use
the hotline regarding allegations of sexual abuse or sexual harassment. The random
staff interviews collectively revealed residents may use a telephone, submit a
complaint in writing, or talk to staff to privately report sexual abuse and sexual
harassment.
The auditor observed that residents have access to writing materials and locked
receptacle, accessible to all residents for reporting allegations of sexual abuse and
sexual harassment. The written allegations may also be given to staff as determined
from the informal conversations with residents during the comprehensive site
review. If a grievance form is used to make a written allegation of sexual abuse, the
reporting procedures will be implemented in accordance with policy. Staff members
receive information on how to report allegations of sexual abuse or sexual
harassment through policies and procedures, training, and staff meetings.
Florida Administrative Code, Chapter 63-F, established by the Department of
Juvenile Justice, governs the mandatory, rapid reporting of incidents within juvenile
facilities to ensure safety, security, and proper care. Florida Statute 39.201 is a
mandatory reporting law that requires anyone to immediately report the suspicion
of child abuse, abandonment, or neglect to the Department of Children and Families
(DCF). The abuse reporting hotline is managed by DCF.
Observations revealed the signage was posted announcing occurrence of the PREA
audit in the places initially identified initially; the signs were colorful and easy to
read and were accessible to residents, staff, contractors, and visitors. PREA related
signage had a consistent message regarding general information and how to report
and were in both English and Spanish at varying eye level. Signs were also reported
regarding advocacy services and civil immigration. The content of the posted
information and how they were posted made them age-appropriate. The information
provided by the signage was not obscured, unreadable by graffiti, or missing due to
damage. The content of the posted information was aligned with the Student
Handbook and policies.
Residents are able to write and receive mail as indicated by the interviews with the
13 residents and informal conversations with additional residents and staff during
the comprehensive site review. The Student Handbook outlines the procedures for
incoming and outgoing mail, telephone calls, and visitation. All 13 residents
interviewed stated they have someone on the outside they have contact with that
do not work at the facility to report sexual abuse or sexual harassment if they
needed to. The residents either stated family or identified a family member they
had outside contact with and they were aware of visitation and telephone call days.
The residents' files were observed to be maintained in a confidential manner,
primarily electronically, password protected. Paper documents are maintained
secure in lockable cabinets inside lockable offices within a key control system with
limited access.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
Provision (b):
The agency shall also provide at least one way for residents to report
abuse or harassment to a public or private entity or office that is not part
of the agency and that is able to receive and immediately forward resident
reports of sexual abuse and sexual harassment to agency officials,
allowing the resident to remain anonymous upon request. Residents
detained solely for civil immigration purposes shall be provided
information on how to contact relevant consular officials and relevant
officials at the Department of Homeland Security.
The State abuse reporting hotline may be used by residents and staff to report
allegations of sexual abuse and sexual harassment. Florida Statute 39.201 is a
mandatory reporting law that requires anyone to immediately report the suspicion
of child abuse, abandonment, or neglect to the Department of Children and Families
(DCF). The abuse reporting hotline is managed by DCF and was established and
mandated by another Florida law, Protection of Vulnerable Persons Act. Agency
policy FDJJ 1919 requires residents' access to telephones to report allegations of
sexual abuse or sexual harassment. The interviews with 16 residents garnered
seven of them stating one of the ways they would report an allegation of sexual
abuse or sexual harassment is through the hotline. Telephones are accessible to all
staff and are made accessible to residents by staff, according to informal
conversations with residents and random staff during the comprehensive site
review.
According to the interviews with residents, all 16 had someone on the outside they
could report to about sexual abuse or sexual harassment if they needed to. All
residents were also aware they could make a report anonymously about sexual
abuse or sexual harassment; well over half stated they would leave their name off
of a written report and the remaining said they would make an anonymous hotline
call. The PREA Compliance Manager explained the availability and accessibility of
the Florida abuse reporting hotline which is managed by DCF, independent of the
Department of Juvenile Justice. The Florida abuse reporting hotline is communicated
to all residents of all ages as an outside agency for reporting allegations of sexual
abuse and sexual harassment. He confirmed that per policy if a resident requests to
use the hotline, staff has to get the resident to a telephone. He further stated the
resident may remain anonymous upon request and access to a telephone in the
privacy of an office is stressed to be made as soon as possible. A Therapist or Case
Manager would provide access when available and a supervisor at other times.
Reporting information was observed posted in offices and in the living areas and the
offices were observed where calls to the hotline could be made in private.
The Student Handbook informs residents of the abuse reporting hotline number and
instructions of how to use it. The Student Handbook also provides the number to call
if a resident is 18 years or older; DCF remains the external reporting option for all
residents. The abuse reporting hotline was tested by the auditor and the routing of
the call was explained by the operator. The caller is informed electronically that they
may remain anonymous upon request, prior to actually reporting the allegation. An
allegation may also be reported in Spanish by following the recorded prompt on the
hotline. The reports of sexual abuse or sexual harassment are referred for an
investigation per established protocol to the appropriate investigative entity. The
facility does not detain residents solely for civil immigration purposes according to
written communication from the agency's legal department.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
Provision (c):
Staff shall accept reports made verbally, in writing, anonymously, and
from third-parties and shall promptly document any verbal reports.
According to the overarching agency policy, FDJJ 1919, "Florida Administrative Code
Rule 63F-11, Central Communications Center (CCC), requires that any allegation of
sexual misconduct or youth-on-youth sexual activity be reported to the CCC. The
person making the report shall provide basic information such as the date and time
of the incident, where the incident occurred, the supervising staff, and who may be
involved." The interviews with the 13 random staff confirmed the methods available
to residents for reporting allegations of sexual abuse and sexual harassment.
Specifically, staff members are required to accept reports made directly to them,
anonymously, or through a third-party. The interviewed random staff were aware,
per policy 13.22, page1, of their duty to receive all reports of allegations of sexual
abuse and sexual harassment and to document their receipt of verbal reports
immediately. Policy 13.22, page 1, provides that staff document verbal reports by
the end of their shift.
The resident interviews revealed awareness of reporting either in person, in writing,
by telephone, or through a third-party and that someone else could make a report
for them so they would not have to give their name. The residents were also aware
that reports could be made anonymously in writing and through the hotline. The 16
residents interviewed indicated they could make a report of sexual abuse or sexual
harassment in person or in writing and that someone else could make a report for
them so they would not have to give their name. A review of the Incident
Information document revealed acceptance by staff of the verbal report of an
allegation of sexual harassment which was promptly reported and documented.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
Provision (d):
The facility shall provide residents with access to tools necessary to make
a written report.
According to the PAQ, "the facility provides residents with access to tools to make
written reports of sexual abuse or sexual harassment, retaliation by other residents
or staff for reporting sexual abuse and sexual harassment, and staff neglect or
violation of responsibilities that may have contributed to such incidents." During the
comprehensive site review, the auditor observed the accessibility of writing utensils
for the residents, necessary to make a written report. Interviews with the residents
revealed writing materials are available for residents to complete PREA/Grievance
and other forms or write notes to report allegations of sexual abuse or sexual
harassment. Each resident is provided a Student Handbook which contains
information regarding reporting by a written method. Policy 13.22, page 1, provides
that residents have access to tools that enable them to make written reports. The
PREA Compliance Manager confirmed the posted forms and accessibility to pens or
pencils through staff on the living units and in the classrooms.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
Provision (e):
The agency shall provide a method for staff to privately report sexual
abuse and sexual harassment of residents.
According to the PAQ, "the agency has established procedures for staff to privately
report sexual abuse and sexual harassment of residents." Policy 13.27 provides the
program will report allegations of sexual abuse to the abuse registry/Department of
Children and Families, and/or local law enforcement. The Employee Handbook
provides for privately reporting on pages 7-8. There is a toll free number and
website for staff to report suspect inappropriate or illegal conduct to the Chief
Compliance Officer in a confidential manner which may be done privately.
The 13 random staff interviews revealed three preferred ways for reporting privately
which are accessible to all staff: three staff would privately report directly to the
PREA Coordinator/Compliance Manager, six would privately report directly to their
supervisor, and four would utilize the child abuse reporting hotline in an office. The
three preferred ways are available to staff on demand. According to the PAQ, staff
are informed of how to report privately which includes through staff meetings,
policy, training, and Employee Handbook,
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
115.352 Exhaustion of administrative remedies
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy, FDJJ 1919, PREA
Facility Policy, 13.21, Youth or Third Party Filing Grievances
Pre-Audit Questionnaire
Provision (a):
According to the PAQ, "the agency does not have an administrative procedure for
dealing with resident grievances regarding sexual abuse. Agency policy, FDJJ 1919,
page 10, provides, "Any allegation(s) of sexual misconduct are immediately
reported and converted to investigations that are outside the agency and are not
considered by the agency to be grievances." Facility policy 13.21 states, "Unlike the
routine program grievance procedure as described in policy 3.08, the youth is not
required to informally attempt to resolve the grievance with the alleged staff
member. Such a report or grievance is considered an alleged incident and will be
investigated."
Conclusion:
Based on the policies, the auditor determined the standard is not applicable to this
facility.
Resident access to outside confidential support services and legal
115.353
representation
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
Draft Memorandum of Understanding (MOU)
MOU Correspondence
Posted Information
Student Handbook
Brochure
Interviews:
Residents
PREA Coordinator/Compliance Manager
Superintendent
Advocacy Agency Representative
Provision (a):
The facility shall provide residents with access to outside victim advocates
for emotional support services related to sexual abuse, by providing,
posting, or otherwise making accessible mailing addresses and telephone
numbers, including toll free hotline numbers where available, of local,
State, or national victim advocacy or rape crisis organizations, and, for
persons detained solely for civil immigration purposes, immigrant services
agencies. The facility shall enable reasonable communication between
residents and these organizations and agencies, in as confidential a
manner as possible.
According to the PAQ: The facility provides residents with access to outside victim
advocates for emotional support services related to sexual abuse. The facility
provides residents with access to such services by giving residents (by providing,
posting, or otherwise making accessible) mailing addresses and telephone numbers
(including toll-free hotline numbers where available) for local, State, or national
victim advocacy or rape crisis organizations. The facility provides residents (by
providing, posting, or otherwise making accessible) with access to such services by
giving residents mailing addresses and telephone numbers (including toll-free
hotline numbers where available) for immigrant services agencies for persons
detained solely for civil immigration purposes. The facility provides residents with
access to such services by enabling reasonable communication between residents
and these organizations in as confidential a manner as possible.
Policy FDJJ 1919, p, 15, states, "Youth shall have access to outside victim advocates
for emotional support services related to sexual misconduct. The facility shall post,
provide, or otherwise make accessible mailing addresses and telephone numbers
(including hotline numbers) of local, state, or national victim advocacy or rape crisis
organizations."
Interviews revealed that residents required a refresher regarding victim advocacy
services due to 44% not verbalizing a clear understanding of advocacy services.
Nine of 16 residents interviewed knew there were advocacy services available on
the outside; identified one and/or two of the services offered; how the services may
be accessed; numbers are free to call; when the calls may be made; and
confidentiality of services. The residents were in need of a refresher education
session, focusing on advocacy services, which was provided by the PREA
coordinator/compliance manager during the onsite audit phase as a corrective
action. A sign-in log was provided to the auditor and informal conversations with
random residents revealed the refresher education session occurred. The Case
Manager Supervisor will share in the meeting that the advocacy agency services be
emphasized when the Case Manager is performing their intake duties.
The MOU is being reviewed by the advocacy agency and the facility staff; the
updated signatures are pending, as confirmed by the PREA coordinator/compliance
manager, human resources staff, and the advocacy agency representative. The
interview with the representative of the Emerald Coast Children's Advocacy Center
confirmed the services to be provided when needed, as stated in the draft MOU. She
also confirmed the services will not be impeded due to the MOU being under review.
There were no allegations of sexual abuse during this audit period.
The PREA education materials and Student Handbook, p. 4, provide residents
information on how to report allegations of sexual harassment and sexual abuse.
PREA information is posted and provided to residents to assist in eliminating
incidents of sexual abuse and sexual harassment. The posted and other printed
materials provide information on sexual abuse and sexual harassment; steps victims
may take; and reporting information. Each resident is provided a Student Handbook
and an orientation packet which also contains PREA information. PREA-related
information was observed posted or displayed throughout the facility.
PREA signage is placed at varying eye levels and posters are colorful and/or graphic
with consistent messages. The signage is posted in both English and Spanish. The
interviews with the residents and informal conversation with residents revealed they
know where to find information on the wall if they need it. The interviews confirmed
the PREA audit notices had been up for awhile and that the PREA information is
always on the walls. PREA information is located in the housing areas; common
areas for staff, residents, contractors, and visitors; lobby; and offices. The residents
may ask any staff to use the telephone at any time, wait until they get their
telephone call, or request for their Case Manager or Therapist to make the call for
them or on their behalf.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
auditor determined the facility meets this provision.
Provision (b):
The facility shall inform residents, prior to giving them access, of the
extent to which such communications will be monitored and the extent to
which reports of abuse will be forwarded to authorities in accordance with
mandatory reporting laws.
According to the PAQ: The facility informs residents, prior to giving them access to
outside support services, the extent to which such communications will be
monitored. The facility informs residents, prior to giving them access to outside
support services, of the mandatory reporting rules governing privacy,
confidentiality, and/or privilege that apply to disclosures of sexual abuse made to
outside victim advocates, including any limits to confidentiality under relevant
Federal, State, or local law.
Per policy FDJJ 1919, p. 8, "Youth shall have access to outside victim advocates for
emotional support services related to sexual misconduct. The facility shall post,
provide, or otherwise make accessible mailing addresses and telephone numbers
(including hotline numbers) of local, state, or national victim advocacy or rape crisis
organizations. Youth and victim advocate communications shall be confidential."
Youth shall have unimpeded access and means, including written, to submit or
report sexual abuse allegations. Nine of the 16 residents interviewed revealed that
conversations with people from the advocacy agency would be kept confidential.
Policy, facility staff interviews and the refresher education session provide there will
be adherence to confidentiality measures and this information is shared with
residents during PREA education sessions and reminders through postings and other
printed material. There was no report of sexual abuse during this audit period.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
auditor determined the facility meets this provision.
Provision (c):
The facility shall maintain or attempt to enter into memoranda of
understanding or other agreements with community service providers that
are able to provide residents with confidential emotional support services
related to sexual abuse. The facility shall maintain copies of agreements
or documentation showing attempts to enter into such agreements.
The PAQ confirms the following: The agency or facility maintains memorandum of
understanding or other agreements with community service providers that are able
to provide residents with emotional support services related to sexual abuse. The
agency or facility has attempted to enter into MOUs or other agreements with
community service providers that are able to provide such services. The agency
maintains documentation of attempts to enter into such agreements.
The provision of advocacy services includes but not limited to emotional support;
forensic medical examination; and accompaniment through the forensic medical
examination and investigative interview as confirmed during the interview with the
advocacy agency representative. The MOU speaks to confidentiality and privileged
information and the alleged victim of sexual abuse and also provides that federal
and State laws regarding such information will be adhered to. The MOU is being
reviewed for updates and is pending signatures from the advocacy agency and the
facility an each will maintain a copy.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
auditor determined the facility meets this provision.
Provision (d):
The facility shall also provide residents with reasonable and confidential
access to their attorneys or other legal representation and reasonable
access to parents or legal guardians.
According to the PAQ, The facility provides residents with reasonable and
confidential access to their attorneys or other legal representation and the facility
provides residents with reasonable access to parents or legal guardians. Per policy
FDJJ 1919, p.9, "Youth shall have reasonable and confidential access to their
attorney or other legal representation, their parents, or legal guardians for reporting
of sexual allegations. Youth shall have unimpeded access and means, including
written, to submit or report sexual allegations." Page eight of the Student Handbook
provides information regarding mail, telephone privileges, and visitation.
Telephone calls and visitation are conducted weekly. Case Managers ensure the
opportunity for incoming and outgoing mail. The residents have reasonable and
confidential access to attorneys and court workers and reasonable access to their
parents/legal guardians which is supported by policy, interviews, and the Student
Handbook. They were able to identify the days for telephone calls and visitation.
The residents may send out two letters per week. All residents interviewed stated
communication opportunities occur. The rules regarding written, verbal, and in-
person communication provide opportunities for a resident to have contact with
someone on the outside to report to regarding allegations of sexual abuse or sexual
harassment if needed.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
auditor determined the facility meets this provision.
115.354 Third-party reporting
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Policy 13.14, page 1
PREA Pre-audit Questionnaire (PAQ)
Posted PREA Information
Agency Website
Interviews:
Random Staff
Residents
Standard 115.354:
The agency shall establish a method to receive third-party reports of
sexual abuse and sexual harassment and shall distribute publicly
information on how to report sexual abuse and sexual harassment on
behalf of a resident.
According to the PAQ, the agency provides a method to receive third-party reports
of allegations of resident sexual abuse and sexual harassment and publicly
distributes information on how to report such on behalf of a resident. The auditor
observed posted information, including brochures, within the lobby, cafeteria,
classrooms, and living units which provided that allegations may be reported by a
third party through the abuse registry hotline, Florida Department of Juvenile Justice
(DJJ) Central Communications Center, and by contacting law enforcement. The same
information was also observed posted on the DJJ agency website. The toll free
telephone numbers are provided for the hotlines on the posted information as well
as on the website.
Facility policy 13.14, page 1, provides that a third-party may assist a resident in
reporting and allegation of sexual abuse or sexual harassment. The posted
information within the facility and on the website informs that a third-party may
report an allegation through the hotline numbers provided or to law enforcement.
The 13 random staff members interviewed were aware that third-party reporting of
sexual abuse or sexual harassment may be done by a third-party and all indicated
the information will be reported through a supervisor to the abuse reporting hotline.
The random staff members also provided the verbal reports received must be
documented as soon as possible.
All 16 residents interviewed indicated knowing someone who did not work at the
facility that they have contact with and could report an allegation for them if
needed. The residents collectively identified the methods within the facility in which
they may make a direct or third-party report such as complete a grievance form or
other help request form, report to staff, or utilize the abuse reporting hotline
number. A person outside of the facility may report allegations of sexual abuse and
may make a report for a resident without giving the resident’s name was also
confirmed by the residents during the interviews.
The auditor observed the PREA audit notices posted throughout the facility including
lobby (administrative area), living areas, and classrooms (visitation areas). The
advocacy agency information is posted in the living areas and classrooms. The
observed signage was consistent in messaging and could be read from a standing or
sitting position. The PREA-related signage is accessible to residents, staff,
contractors, and visitors. The auditor tested the reporting method of the use of the
hotline by a third-party. The operator confirmed the allegation would be accepted
and routed for an investigation. The abuse reporting hotline is managed by the
Florida Department of Children and Families. The resident interviews and informal
conversations with residents revealed the reporting information is always posted on
the walls within the facility. The auditor reviewed the third-party reporting
mechanism for consent or eligibility restrictions and found none.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
auditor determined the facility is in compliance with the standard.
115.361 Staff and agency reporting duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
Facility Policy 13.00, Juvenile Prison Rape Elimination Act (JPREA)
Florida Statute 39.201
Pre-Audit Questionnaire (PAQ)
Investigation Report
Interviews:
Random Staff
Superintendent
PREA Coordinator/Compliance Manager
Medical Staff
Mental Health Staff
Provision (a):
The agency shall require all staff to report immediately and according to
agency policy any knowledge, suspicion, or information they receive
regarding an incident of sexual abuse or sexual harassment that occurred
in a facility, whether or not it is part of the agency; retaliation against
residents or staff who reported such an incident; and any staff neglect or
violation of responsibilities that may have contributed to an incident or
retaliation.
The PAQ states all staff are required to immediately report and in accordance with
policy the following:
1. Any knowledge, suspicion, or information they receive regarding an incident
of sexual abuse or sexual harassment that occurred in a facility, whether or
not it is part of the agency.
2. Any retaliation against residents or staff who reported such an incident.
3. Any staff neglect or violation of responsibilities that may have contributed to
an incident or retaliation.
Agency policy FDJJ 1919, p.10, states, "Florida Administrative Code Rule 63F-11,
Central Communications Center (CCC), requires that any
allegation of sexual misconduct or youth-on-youth sexual activity be reported to the
CCC." Facility policy 13.00, p.1, states, "Okaloosa Youth Academy has zero tolerance
relating to the sexual assault/rape/harassment of youth between staff and youth or
youth and youth and recognizes these youth as crime victims." Policy 13.00 further
states on page seven, "Any staff that receives a report of a sexual misconduct or
possible sexual misconduct must ensure that it is reported to the abuse registry,
local law enforcement if criminal in nature, and the CCC." Page seven of policy
13.00 continues to provide, "Retaliation against youth, employees, or other parties
for reporting sexual misconduct will not be tolerated. Those who retaliate may face
disciplinary action, up to and including dismissal for employees. Retaliation against
youth, employees, or other parties for reporting sexual misconduct will not be
tolerated. Those who retaliate may face disciplinary action, up to and including
dismissal for employees."
Thirteen random staff were interviewed, all responded affirmatively that the facility
requires all staff to report any knowledge, suspicion, or information regarding an
incident or sexual harassment that occurred in a facility; retaliation against
residents or staff who reported such an incident; and any staff neglect or violation of
responsibilities that may have contributed to an incident or retaliation. All random
staff interviewed, revealed the policy or procedure for reporting and information
related to resident sexual abuse is to inform a supervisor who will inform
management staff and make the telephone call to report the allegation to the
appropriate investigative entities.
Conclusion:
Based on the the evidence provided and interviews, the auditor determined
compliance with this provision.
Provision (b):
The agency shall also require all staff to comply with any applicable
mandatory child abuse reporting laws.
The PAQ affirms the facility requires all staff to comply with any applicable
mandatory reporting laws. The policies support that all staff report any knowledge,
suspicion, information, or receipt of information regarding an incident or allegation
of sexual abuse, sexual harassment or incidents of retaliation and according to
mandatory reporting laws. Staff members are deemed as mandated reporters by
the State of Florida. Policy provides guidance to staff on reporting allegations of
sexual abuse and sexual harassment. Florida Statute Chapter 29, Section 201
addresses mandatory reports of child abuse, abandonment, or neglect; mandatory
reports of death; and central abuse hotline. The 13 random staff interviewed
identified the occurrence of their last PREA training and that it included how to
comply with relevant laws related to mandatory reporting of sexual abuse to outside
authorities.
Conclusion:
Based on the the evidence provided and interviews, the auditor determined
compliance with this provision.
Provision (c):
Apart from reporting to designated supervisors or officials and designated
State or local services agencies, staff shall be prohibited from revealing
any information related to a sexual abuse report to anyone other than to
the extent necessary, as specified in agency policy, to make treatment,
investigation, and other security and management decisions.
Agency policy FDJJ 1919, p.10, states, "Florida Administrative Code Rule 63F-11,
Central Communications Center (CCC), requires that any
allegation of sexual misconduct or youth-on-youth sexual activity be reported to the
CCC. The person making the report shall provide basic information such as the date
and time of the incident, where the incident occurred, the supervising staff, and who
may be involved. The CCC will make appropriate notification to senior DJJ
management who will in turn make subsequent notification to
management overseeing the facility where the alleged abuse occurred. Other than
making appropriate notification through Department channels, staff should take no
further actions other than those directed by law enforcement or first responders."
Florida Administrative Code Chapter 63F-11 is managed by the Department of
Juvenile Justice and established the Central Communications Center (CCC) for
reporting significant incidents within two hours. Staff PREA training addresses
confidentiality of information and the conditions for providing information. The
policies collectively indicate that after allegations have been appropriately reported,
staff will keep the information confidential regarding what was reported except
when necessary regarding the investigation and treatment and management
decisions.
Conclusion:
Based on the the evidence provided and interviews, the auditor determined
compliance with this provision.
Provision (d):
(1) Medical and mental health practitioners shall be required to report
sexual abuse to designated supervisors and officials pursuant to
paragraph (a) of this section, as well as to the designated State or local
services agency where required by mandatory reporting laws.
(2) Such practitioners shall be required to inform residents at the
initiation of services of their duty to report and the limitations of
confidentiality.
According to the PAQ, medical and mental health practitioners are required to report
sexual abuse to designated supervisors and officials pursuant to paragraph (a) of
this section as well as to the designated State or local services agency where
required by mandatory reporting laws and medical and mental health practitioners
are required to inform residents of their duty to report, and the limitations of
confidentiality, at the initiation of services. According to the JPREA policy 13.00, p. 7,
"Said practitioners must inform residents at the initiation of services of their duty to
report and the limitations of confidentiality." FDJJ 1919, p. 11, provides, "Any staff,
contractor(s), or volunteer(s) who receives a report of a sexual misconduct or
possible sexual misconduct must ensure that it is reported to the Department of
Children and Families Florida Abuse Hotline, local law enforcement if criminal in
nature, and the CCC."
The clinical staff interviewed indicated that residents are informed at the initiation
of services of the limitations of confidentiality and the duty of staff to report. The
clinical staff revealed they are mandated reporters and required by the State to
report allegations received regarding sexual abuse and sexual harassment, in
accordance with facility policies and State requirements. The interviews with
medical and mental health staff also revealed that an incident of sexual abuse or
sexual harassment had not been disclosed to them and they had not been made
aware. Florida Statute 39.201 includes that caregivers or other persons responsible
for the child's welfare must report the knowledge or suspicion of abuse. They both
affirmed they are required to report any knowledge, suspicion, or information
regarding an incident of sexual abuse or sexual harassment to a designated
supervisor or official immediately upon learning about it.
Conclusion:
Based on the the evidence provided and interviews, the auditor determined
compliance with this provision.
Provision (e):
(1) Upon receiving any allegation of sexual abuse, the facility head or his
or her designee shall promptly report the allegation to the appropriate
agency office and to the alleged victim’s parents or legal guardians,
unless the facility has official documentation showing the parents or legal
guardians should not be notified.
(2) If the alleged victim is under the guardianship of the child welfare
system, the report shall be made to the alleged victim’s caseworker
instead of the parents or legal guardians.
(3) If a juvenile court retains jurisdiction over the alleged victim, the
facility head or designee shall also report the allegation to the juvenile’s
attorney or other legal representative of record within 14 days of
receiving the allegation.
According to the PAQ: (1) Upon receiving any allegation of sexual abuse, the facility
head or designee promptly reports the allegation to the appropriate office. Upon
receiving any allegation of sexual abuse, the facility head or designee promptly
report the allegation to the alleged victim’s parents or legal guardians unless the
facility has official documentation showing the parents or legal guardians should not
be notified. (2) If the alleged victim is under the guardianship of the child welfare
system, the facility head or designee promptly report the allegation to the alleged
victim’s caseworker instead of the parents or legal guardians. (3) If a juvenile court
retains jurisdiction over the alleged victim, the facility head or designee also reports
the allegation to the juvenile’s attorney or other legal representative of record
within 14 days of receiving the allegation.
Policy 13.00, p.7, states, "All staff are required to immediately report any
knowledge, suspicion, or information received regarding 1) any incident that has
occurred in a facility; 2) retaliation against youth or staff who report sexual
misconduct; and 3) any staff neglect or violation of responsibilities that may
have contributed to an incident of sexual misconduct or retaliation to the abuse
registry, local law enforcement, and the CCC as required by mandatory reporting
laws and Department policy." FDJJ 1919, p.11, states, "All verbal reports shall be
documented promptly and reported accordingly." The review of the investigation
report demonstrates that the allegation was reported promptly to the investigative
entities, including the DJJ Central Communications Center (CCC).
The interview with the superintendent confirmed that a resident’s case worker
rather than a parent would be notified where indicated by the resident being under
the guardianship of the Florida Department of Children and Families. The resident’s
attorney of record would be notified within 14 days. He also indicated he notifies the
CCC; parent agency regional manager; law enforcement; Department of Children
and Families (DCF); parents/legal guardians; and DCF case worker when the DCF
guardianship is known.
The interview with PREA Coordinator/Compliance Manager revealed that when the
facility receives an allegation of sexual abuse, he reports it to the CCC and DCF; law
enforcement if criminal in nature. He also stated the DCF case manager would be
notified if DCF has guardianship. Additionally the PREA Coordinator/Compliance
Manager revealed the report of an allegation would be made as soon as possible but
within two hours, according to policy. He also confirmed the notification would be
made to the resident's attorney as soon as possible and within 14 days.
Conclusion:
Based on the the evidence provided and interviews, the auditor determined
compliance with this provision.
Provision (f):
The facility shall report all allegations of sexual abuse and sexual
harassment, including third-party and anonymous reports, to the facility’s
designated investigators.
The PAQ provides that the facility reports all allegations of sexual abuse and sexual
harassment, including third-party and anonymous reports, to the appropriate
investigative entity. According to facility policy 13.00, p.7, "Any staff that receives a
report of a sexual misconduct or possible sexual misconduct must ensure that it is
reported to the abuse registry, local law enforcement if criminal in nature, and the
CCC. Reports can be received verbally, in writing, anonymously, and from third
parties. All verbal reports shall be documented promptly and reported accordingly."
FDJJ 1919, p. 11, states, "Any staff, contractor(s), or volunteer(s) who receives a
report of a sexual misconduct or possible sexual misconduct must ensure that it is
reported to the Department of Children and Families Florida Abuse Hotline, local law
enforcement if criminal in nature, and the CCC. Reports can be received verbally, in
writing, anonymously, and from third parties."
The policies and interviews provide for all allegations to be reported and include the
Central Communications Center. Administrative investigations are conducted by a
Department of Juvenile Justice (DJJ) investigator. Allegations that are criminal in
nature are referred for investigation to local law enforcement. Third-party and
anonymous reports received must be reported and documented by staff as
confirmed through interviews and review of policies. The interviews with the
superintendent and PREA coordinator/compliance manager confirmed that all
allegations are reported to the DJJ Central Communications Center and the
investigative entities.
Conclusion:
The review of evidence and interviews indicate the facility is compliant with this
provision.
115.362 Agency protection duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy 1919, PREA
PRE-Audit Questionnaire (PAQ)
Vulnerability to Victimization and Sexually Aggressive Behavior (VSAB)
Safety Plan
Interviews:
Superintendent
Random Staff
Agency Head
Residents
Provision (a):
When an agency learns that a resident is subject to a substantial risk of
imminent sexual abuse, it shall take immediate action to protect the
resident.
According to the PAQ, staff is required to protect the residents through
implementing immediate protective measures when there is awareness the resident
is subject to a substantial risk of imminent sexual abuse. During the past 12
months, it was not determined that a resident was subject to substantial risk of
imminent sexual abuse. Agency policy FDJJ 1919, p.11, states, "If staff learns that a
youth is subject to a substantial risk of imminent sexual misconduct, they shall take
immediate action to protect the youth from further harm or threat. Also, if staff
learns a youth poses a substantial risk of sexually abusing other youth in the facility,
they shall take immediate action to protect other youth from further harm or
threat."
Administration of the risk screening instrument, VSAB, provides information that
assists and guide staff in keeping residents safe through housing and program
assignments. During the intake process, residents are asked about how they feel
about their safety as part of the inquiries by staff completing the VSAB, as
determined from the resident interviews. The Trauma-Informed Individualized Safety
Plan which assists staff in keeping residents safe. Inquiries on the Trauma-Informed
Individualized Safety Plan include but are not limited to: ways staff will know when
resident is upset; trauma reminders or triggers; warning signs for when resident is
losing control; things that help resident control emotions; and identification of a safe
space where the resident may feel comfortable.
The interviews summarily revealed protective measures will be implemented as
soon as possible and include but are not limited to separating youth; contacting
supervisors and and other staff as indicated; reviewing and/or revising Safety Plan
of the involved residents; and separating residents as needed. The agency head
shared that all staff are required to take immediate action and place the vulnerable
resident in a safe area. She also relayed that if necessary, a request may be made
in writing to the Department of Juvenile Justice on a Treatment Transfer Request for
the resident to be moved to another facility. The superintendent shared that
immediate action is required and the Safety Plan would be reviewed and/or revised
and the involved residents would be separated. Thirteen random staff were
interviewed; five stated they would inform other staff and separate the residents;
five staff would separate the residents; two would keep the resident with them for
one-on-one supervision; and one said they would notify the supervisor. All
responded the action would be taken immediately.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
115.363 Reporting to other confinement facilities
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
Policy 13.26, Reporting to Other Confinement Facilities
Pre-Audit Questionnaire (PAQ)
Interview:
Superintendent
Agency Head
Provisions (a):
Upon receiving an allegation that a resident was sexually abused while
confined at another facility, the head of the facility that received the
allegation shall notify the head of the facility or appropriate office of the
agency where the alleged abuse occurred and shall also notify the
appropriate investigative agency.
According to the PAQ, the agency has a policy requiring that, upon receiving an
allegation that a resident was sexually abused while confined at another facility, the
head of the facility must notify the head of the facility or appropriate office of the
agency or facility where sexual abuse is alleged to have occurred. Policy FDJJ 1919,
p 12, is aligned with the provision and states, "Upon receiving an allegation that a
youth was sexually abused while confined at another facility, the head of the facility
that received the allegation shall notify the head of the facility where the alleged
abuse occurred and shall also notify the CCC, the Florida Abuse Hotline, and local
law enforcement." The facility has not received an allegation that a resident was
abused while confined at another facility, in accordance with the PAQ and interview
with the superintendent.
Conclusion:
Based upon the information received and interviews, the auditor determined the
facility is compliant with this provision.
Provision (b):
Such notification shall be provided as soon as possible, but no later than
72 hours after receiving the allegation.
The notification will be made immediately in accordance with policy. Page 11 of
agency policy FDJJ 1919 states, "All staff, contractors, and volunteers are required to
immediately report any knowledge, suspicion, or information received regarding any
incident of sexual misconduct which has occurred in a facility." Facility policy 13.26,
p.1, also requires reporting as soon as possible but no more than two hours after
receipt of the allegation. The facility has not received any such notifications during
this audit period.
Conclusion:
Based upon the information received and interviews, the auditor determined the
facility is compliant with this provision.
Provision (c):
The agency shall document that it has provided such notification.
According to policy 13.26, p.1, "The CCC will provide notification to the confinement
facility to which the allegation was made. Likewise any allegation of sexual abuse
reported by another facility regarding Okaloosa Youth Academy to the CCC will be
subject to investigation. The CCC will document the time, date, and name of the
agency reporting the allegation." An incident report would document the notification
which must be completed when reporting an allegation of sexual abuse or sexual
harassment.
Conclusion:
Based upon the information received and interviews, the auditor determined the
facility is compliant with this provision.
Provision (d):
The facility head or agency office that receives such notification shall
ensure that the allegation is investigated in accordance with these
standards.
In the past 12 months, there were no allegations of sexual abuse occurring at
another facility received by this facility, as stated in the PAQ. According to policy
13.26, p.1, "any allegation of sexual abuse reported by another facility regarding
Okaloosa Youth Academy to the CCC will be subject to investigation. Page 12 of
policy FDJJ 1919, states, "the head of the facility that received the allegation shall
notify the head of the facility where the alleged abuse occurred and shall also notify
the CCC, the Florida Abuse Hotline, and local law enforcement."
According to the agency head, such would be handled at the facility level and she
would be contacted. The agency head further added, the superintendent would
make a report through the abuse reporting hotline and notify the Central
Communications Center (CCC) and the other required notifications. The
superintendent's responses are aligned with the agency head's. He would make a
report to the child abuse reporting hotline and to the CCC. This occurrence has not
happened during this audit period, according to the superintendent.
Conclusion:
Based on the information received and interviews, the auditor determined the
facility is compliant with this provision.
115.364 Staff first responder duties
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy 1919,PREA
Pre-Audit Questionnaire (PAQ)
Incident Information Reports
Interviews:
Random Staff
Provision (a):
Upon learning of an allegation that a resident was sexually abused, the
first staff member to respond to the report shall be required to:
(1) Separate the alleged victim and abuser;
(2) Preserve and protect any crime scene until appropriate steps can be
taken to collect any evidence;
(3) If the abuse occurred within a time period that still allows for the
collection of physical evidence, request that the alleged victim not take
any actions that could destroy physical evidence, including, as
appropriate, washing, brushing teeth, changing clothes, urinating,
defecating, smoking, drinking, or eating; and
(4) If the abuse occurred within a time period that still allows for the
collection of physical evidence, ensure that the alleged abuser does not
take any actions that could destroy physical evidence, including, as
appropriate, washing, brushing teeth, changing clothes, urinating,
defecating, smoking, drinking, or eating.
The PAQ provides that the agency has a first responder policy for allegations of
sexual abuse. The referenced agency policy FDJJ 1919, pp., 12-13, provides the
following guidance to staff:
"1. Upon discovery of an incident defined as sexual abuse, staff members are
responsible for taking immediate actions to ensure the safety of the victim and
notifying appropriate law enforcement and medical personnel. These actions
include, but are not limited to, identifying and separating victim(s), suspect(s), and
making every attempt to preserve evidence.
2. It is essential that the garments/clothing worn by those involved and the scenes
where alleged act(s) occurred be protected to ensure that evidence is not further
contaminated. This means simply securing any evidence until the arrival of law
enforcement. Securing is defined as keeping control over the evidence or scene and
documenting any access to or deviation regarding access to that evidence. Staff
shall not move, touch, or alter the evidence in any way. Staff shall not discuss any
facts of the incidents with anyone except those directly involved in response or
investigation of the incident. All of this information is reportable to law enforcement
and subsequent investigators.
3.Upon receipt of notice that any sexual abuse has occurred in the last 72 hours,
whether informed by the victim or a third party, take the following actions:
a. If the incident is reported by the victim:
i. Ensure the victim is safe, has no further contact with the alleged subject
(youth or staff), and if medical staff is available, take the victim to medical
staff.
ii. Do not question the youth, other than to obtain basic information such as the
date and time of the incident, where the incident occurred, the supervising staff,
and who may be involved. Do not request youth to write a statement.
iii. Immediately preserve the area where the incident allegedly occurred,
including ensuring that bedding, clothing, or related material are not disposed of or
cleaned up by staff, and keep those materials secure or free from contamination by
anyone else until instructed to do differently by law enforcement.
iv. Immediately notify the facility management.
v. Immediately notify law enforcement (911).
vi. Immediately contact the DCF Florida Abuse Hotline.
vii. Notify the CCC within two (2) hours of the incident or learning of the incident.
viii. Do not discuss the facts of the incident with anyone except those directly
involved in response or investigation of the incident.
ix. If the suspect is in the care and custody of the facility, do not notify them of the
victim’s report, but take adequate steps to ensure the safety of other youth, and
report suspect or subject information to law enforcement upon their arrival.
x. Cooperate fully with law enforcement.
xi. Within seven (7) days of the reported event, the youth’s VSAB shall be reviewed
and updated by the youth’s case manager or the facility mental health provider.
b. Upon receipt of notice that any sexual abuse occurred longer than 72 hours
ago, whether informed by the victim or a third party, take the following actions:
i. Ensure the victim is safe, has no further contact with the alleged subject (youth
or staff), and if medical staff is available, take the victim to medical staff.
ii. Do not question the youth, other than to obtain basic information such as the
date and time of the incident, where the incident occurred, the supervising staff,
and who may be involved. Do not request youth to write a statement.
iii. Immediately notify the facility management.
iv. Immediately notify law enforcement (911).
v. Immediately contact the DCF Florida Abuse Hotline.
vi. Notify the CCC within two (2) hours of the incident or learning of the incident.
vii. Do not discuss the facts of the incident with anyone except those directly
involved in response or investigation of the incident.
viii. Cooperate fully with law enforcement.
ix. If the subject is in the care and custody of the facility, do not notify them of the
victim’s report, but take adequate steps to ensure the safety of other youth, and
report suspect or subject information to law enforcement upon their arrival.
x. Within seven (7) days of the reported event, the youth’s VSAB shall be reviewed
and updated by the youth’s case manager or the facility mental health provider.
4.The facility staff shall notify the alleged victim’s parents or legal guardians; unless
there is official documentation showing the parents or legal guardians shall not be
notified. If the youth is under the custody of DCF, the caseworker shall be notified.
5 .If a juvenile court retains jurisdiction over the alleged victim, the youth’s attorney
or other legal representative of record shall be notified of the allegation within 14
days of receiving the allegation. Youth over 18 years of age must provide informed
consent prior to any notifications."
According to the PAQ, there were no allegations of sexual abuse in the past 12
months. While the policy contains the elements of the standard, there was no
incident that required the implementation steps due to an allegation of sexual
abuse. There was one allegation of sexual harassment. There was one allegation of
sexual abuse by an unknown person which law enforcement determined was a
battery case that did not happen within the facility. Law enforcement advised that
another outside agency would be following up; they were conducting a welfare
check due to an earlier call regarding a youth being the victim of a battery. There
was no action taken and the case was documented as open. During the
comprehensive site review, there were no residents in the facility that reported an
allegation of sexual abuse and security (random) staff did not have to act as a first
responder due to an allegation of sexual abuse, as determined from the
investigation information reports and informal conversations with security (random)
staff and the PREA Coordinator/Compliance Manager. The interviews with random
staff confirmed awareness of first responder duties and indicated the PREA training
they had been provided.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
auditor determined the facility is compliant with this provision.
Provision (b):
If the first staff responder is not a security staff member, the responder
shall be required to request that the alleged victim not take any actions
that could destroy physical evidence, and then notify security staff.
According to the PAQ, policy requires that if the first staff responder is not a security
staff member, that responder shall be required to request that the alleged victim
not take any actions that could destroy physical evidence. Agency policy FDJJ 1919
considers all staff security staff as they all receive the required training. The policy,
p. 12, provides that "1. Upon discovery of an incident defined as sexual abuse, staff
members are responsible for taking immediate actions to ensure the safety of the
victim and notifying appropriate law enforcement and medical personnel. These
actions include, but are not limited to, identifying and separating victim(s),
suspect(s), and making every attempt to preserve evidence. 2. It is essential that
the garments/clothing worn by those involved and the scenes where alleged act(s)
occurred be protected to ensure that evidence is not further contaminated. This
means simply securing any evidence until the arrival of law enforcement. Securing
is defined as keeping control over the evidence or scene and documenting any
access to or deviation regarding access to that evidence. Staff shall not move,
touch, or alter the evidence in any way."
The interview responses from the 13 random staff interviewed revealed their
knowledge of the first responder's duties. Their responses to the question regarding
their actions as the first person to be alerted that a resident has allegedly been the
victim of sexual abuse, collectively included the following: immediately alert
supervisor and call CCC; separate and contact other staff; secure the scene and
collect evidence if possible; contact supervisor immediately; report to supervisor;
secure the area, separate youth, and notify supervisor; make sure youth is safe and
feels safe; no change of clothes; and ensure the area is safe.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
115.365 Coordinated response
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Pre-Audit Questionnaire (PAQ)
Coordinated Response Plan
Interview:
Superintendent
Provision (a):
The facility shall develop a written institutional plan to coordinate actions
taken in response to an incident of sexual abuse among staff first
responders, medical and mental health practitioners, investigators, and
facility leadership.
The facility has a written institutional plan to be implemented in the event of an
allegation or incident of sexual abuse. The PAQ indicates the facility has developed
a written institutional plan to coordinate actions taken in response to an incident of
sexual abuse among staff first responders, medical and mental health practitioners,
investigators, and facility leadership." The agency policy FDJJ 1919, p.14, provides
that each residential and detention facility personnel develop a written plan in
response to an incident of sexual abuse.
The facility's written plan outlines the actions of the identified staff members such
as the first responder; medical; mental health; supervisors; and management. It
includes the coordination of actions of employee first responders, medical and
mental health practitioners, investigators, and facility leadership in response to an
incident of sexual abuse. The written plan, Coordinated Response Plan, contains a
system that provides the staff with clear actions to be taken including management,
medical and mental health staff, investigators. Staff members are directed to follow
the steps outlined and to utilize the document in addressing an incident of sexual
abuse. The interview with the superintendent indicated familiarity regarding the
response to an allegation of sexual abuse. He identified the steps staff will take and
the reporting and contact requirements.
Conclusion:
Based upon the review and analysis of the available evidence and interview, the
auditor determined the facility staff has the capability to implement the coordinated
response plan to an incident of sexual abuse; the facility is compliant with this
provision.
Preservation of ability to protect residents from contact with
115.366
abusers
Auditor Overall Determination: Meets Standard
Auditor Discussion
Document:
Pre-Audit Questionnaire (PAQ)
Interview:
Agency Head
Provision(a):
Neither the agency nor any other governmental entity responsible for
collective bargaining on the agency’s behalf shall enter into or renew any
collective bargaining agreement or other agreements that limits the
agency’s ability to remove alleged staff sexual abusers form contact with
residents pending the outcome of an investigation or of a determination of
whether and to what extent discipline is warranted.
According to the agency head interview, the agency does not have any collective
bargaining agreements.
Provision (b):
Nothing is this standard shall restrict the entering into on renewal of
agreements that govern:
(1) The conduct of the disciplinary process, at long as such agreements
are not inconsistent with the provisions of §115.372 and §115.376; or
(2) Whether a no-contact assignment that is imposed pending the
outcome of an investigation shall be expunged from or retained in the
staff member’s personnel file following a determination that the allegation
of sexual abuse is not substantiated.
The facility is not involved in any collective bargaining agreements, per the
interview with the agency head.
Conclusion:
Based on the PAQ and interview, the facility is compliant with this standard.
115.367 Agency protection against retaliation
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Facility Policy 13.19, Protection from Retaliation
Pre-Audit Questionnaire (PAQ)
Interviews:
Retaliation Monitor
Superintendent
Agency Head
Provision (a):
The agency shall establish a policy to protect all residents and staff who
report sexual abuse or sexual harassment or cooperate with sexual abuse
or sexual harassment investigations from retaliation by other residents or
staff and shall designate which staff members or departments are charged
with monitoring retaliation.
The PAQ provides that the agency has a policy to protect all residents and staff who
report sexual abuse or sexual harassment or cooperate with sexual abuse or sexual
harassment investigations from retaliation by other residents or staff. According to
policy FDJJ 1919, p. 12, Youth, staff, contractor(s), or volunteer(s) who have reported
sexual misconduct shall be provided protection against retaliation. Accommodations
will include housing changes and removal of alleged staff or youth from contact with
victims. Emotional support services for youth or staff who fear
retaliation for reporting or cooperating with investigations will be available."
The facility policy 13.19, Protection from Retaliation, p.1, is aligned with the agency
policy and provides, "It is the policy of Okaloosa Youth Academy that retaliation or
reprisal against any staff or youth for making a report or allegation of unethical
behavior of sexual abuse or sexual harassment is strictly prohibited by law and is a
violation of both the UHS Code of Conduct and UHS policy. Okaloosa Youth Academy
will take measures to protect all residents and staff who report sexual abuse or
sexual harassment or cooperate with sexual abuse or sexual harassment
investigations from retaliation by other residents or staff." The policies support
protecting residents and staff who report sexual abuse or sexual harassment, or
cooperate with sexual abuse or sexual harassment investigations from retaliation by
other residents, or staff. The PREA Coordinator/Compliance Manager has been the
staff designated to monitor retaliation.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provision (b):
The agency shall employ multiple protection measures, such as housing
changes or transfers for resident victims or abusers, removal of alleged
staff or resident abusers from contact with victims, and emotional support
services for residents or staff that fear retaliation for reporting sexual
abuse or sexual harassment or for cooperating with investigations.
According to policy FDJJ 1919, p.12, "Accommodations will include housing changes
and removal of alleged staff or youth from contact with victims. Emotional support
services for youth or staff who fear retaliation for reporting or cooperating with
investigations will be available. The facility policy, p. 1, is aligned with the agency
policy, "Such protective measures may include housing changes or transfers for
resident victims or abusers, removal of alleged staff or resident abusers from
contact with victims, and emotional support services for residents or staff who fear
retaliation for reporting sexual abuse or sexual harassment or for cooperating with
investigations."
Protective measures were generally identified during the interviews and aligned
with the policies. According to the agency head, the expectation is that staff would
follow the policy including initiating housing changes; removing staff or resident
abusers from contact with victims; and emotional support services would be
provided to staff and residents as needed. The superintendent provided that the
residents involved will be separated through housing assignments and the shift
assignments for staff could be changed.
The retaliation monitor reported his role as the retaliation monitor is to ensure the
safety of residents and staff. He further stated he would separate the residents from
each other for sure regarding the different measures he would take to protect
residents and staff from retaliation. He further stated, in addition to separation by
housing changes, protective measures also include shift changes for staff, and
letting all parties know they are free from disciplinary actions for cooperating with
an investigation. The interview also provided that the retaliation monitor would
initiate contact with residents who reported sexual abuse. There was no report of
sexual abuse during this audit period and there was not a need for the
implementation of protective measures, according to the interview with the
retaliation monitor and the PAQ.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provision (c):
For at least 90 days following a report of sexual abuse, the agency shall
monitor the conduct or treatment of residents or staff who reported the
sexual abuse and of residents who were reported to have suffered sexual
abuse to see if there are changes that may suggest possible retaliation by
residents or staff, and shall act promptly to remedy any such retaliation.
Items the agency should monitor include any resident disciplinary reports,
housing, or program changes, or negative performance reviews or
reassignments of staff. The agency shall continue such monitoring beyond
90 days if the initial monitoring indicates a continuing need.
The PAQ confirms the facility monitors the conduct or treatment of residents or staff
who reported sexual abuse and of residents who were reported to have suffered
sexual abuse to see if there are any changes that may suggest possible retaliation
by residents or staff. Additionally the PAQ indicates retaliation monitoring for at
least 90 days, or longer if indicated, and that the facility acts promptly to remedy
any such retaliation. There was no report of sexual abuse occurring in the facility
and according to the PAQ and retaliation monitor, there were no incidents of
retaliation occurring in the past 12 months.
According to facility policy 13.19, Protection from Retaliation, p.1, "For at least 90
days following a report of sexual abuse, Okaloosa Youth Academy shall monitor the
conduct or treatment of residents or staff who reported the sexual abuse and of
residents who were reported to have suffered sexual abuse to see if there are
changes that may suggest possible retaliation by residents or staff, and shall act
promptly to remedy any such retaliation. Items to be monitored include any resident
disciplinary reports, housing, or program changes, or negative performance reviews
or reassignments of staff." FDJJ 1919, p.12, states, "The facility shall continue such
monitoring beyond 90 days if the initial monitoring indicates a continuing need.
The interview with the retaliation monitor revealed alignment with policy; he stated
the following would be monitored to detect possible retaliation: point cards;
disciplinary referrals; write-ups for staff; interactions; and staff shared time with
certain residents. He also confirmed retaliation monitoring surrounding reporting of
sexual abuse would last for 90 days; however, if retaliation was suspected the
monitoring would last until the resident competed the program and for staff until
the concerned resident was released. The superintendent stated the measures he
would take if retaliation was suspected is to conduct or ensure closer and more
frequent monitoring; housing change; shift change; or other work schedule change.
There were no reports of sexual abuse occurring in the facility during this audit
period as determined by the PAQ, review of investigation reports, interviews with
the superintendent and retaliation monitor, and an informal conversation with the
statewide PREA Coordinator.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provision (d):
In the case of residents, such monitoring shall also include periodic status
checks.
According to policy 13.19, p.1, "In the case of residents, such monitoring shall also
include periodic status checks at least monthly." The interview with the retaliation
monitor indicated weekly or every other week. There were no reports of sexual
abuse in the facility during this audit period.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provision (e):
If any other individual who cooperates with an investigation expresses a
fear of retaliation, the agency shall take appropriate measures to protect
that individual against retaliation.
The PAQ confirms that If any other individual who cooperates with an investigation
expresses a fear of retaliation, the facility takes appropriate measures to protect
that individual against retaliation. Facility policy 13.19, p.1, encompasses those who
cooperate with an investigation if there is a concern regarding retaliation. It states,
"if any staff or resident reports retaliation, then the program director will review the
report of retaliation." There were no reports of sexual abuse in the facility during
this audit period.
The interviews with the superintendent and agency head indicated that the
appropriate measures would be taken to protect any related individuals against
retaliation. According to the superintendent, the residents involved will be
separated through housing assignments and the shift assignments for staff could be
changed. The agency head stated protection from retaliation is available to anyone
who cooperates with an investigation or fears retaliation. She further stated that
policy would be followed regarding housing changes, removal of staff or resident,
and the provision of emotional support services.
Conclusion:
Based upon the review and analysis of the available evidence, the uaditor
determined the facility is compliant with this provision.
115.368 Post-allegation protective custody
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ1919, PREA Procedures
PREA Pre-Audit Questionnaire
Student Handbook
Resident Files
Interviews:
Superintendent
Medical Staff
Mental Health Staff
Provision (a):
The use of segregated housing to protect a resident who is alleged to have
suffered sexual abuse shall be subject to the requirements of §115.342.
According to the PAQ, there is a policy that residents who allege to have suffered
sexual abuse may only be placed in isolation as a last resort if less restrictive
measures are inadequate to keep them and other residents safe, and only until an
alternative means of keeping all residents safe can be arranged. However, the
practice is that segregated housing is not used in this facility. Observations and the
interviews revealed that segregated housing is not used in the facility to protect
residents who alleged to have suffered sexual abuse. The agency does include in
policy FDJJ 1919, page 6, guidance to staff regarding segregated housing if it is
implemented providing guidance to staff if segregated housing is implemented:
"Youth may be isolated from others only as a last resort when less-restrictive
measures are inadequate to keep them and other youth safe, and then only until an
alternative means of keeping all youth safe can be arranged.
a. The facility shall clearly document the basis for the facility’s concern for the
youth’s safety and the reason no alternative means of separation can be arranged.
b. Youth in isolation shall not be denied large-muscle exercise and educational
programming.
c. Youth in isolation shall receive daily visits from medical and mental health
practitioners."
The interviews with mental health and medical staff revealed that segregated
housing is not used as protective custody regarding residents who alleged sexual
abuse. Controlled observation was described which is used for short periods of time
and both confirmed their visits occur. Also, the superintendent confirmed isolation is
not used. According to the superintendent and the Student Handbook, controlled
observation is used for out-of-control behavior, risk of escape or riot, or
uncontrollable damage to property. The auditor did not observe any segregated
housing area during the comprehensive site review. A review of a sample of 14
resident files did not reveal the use of isolation. There were no allegations of sexual
abuse during this audit period.
Conclusion:
Based upon the review of policy and case files, interviews, and observations, the
Auditor determined the facility is compliant with this standard.
115.371 Criminal and administrative agency investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ Policy 1919, PREA Procedures
Facility Policy 13.27, Referral of Sexual Abuse for Investigations
Pre-Audit Questionnaire (PAQ)
Investigative Report
PREA Compliance Form
Interviews:
Superintendent
PREA Coordinator/Compliance Manager
Investigative Staff
Provision (a):
When the agency conducts its own investigations into allegations of
sexual abuse and sexual harassment, it shall do so promptly, thoroughly,
and objectively for all allegations, including third-party and anonymous
reports.
The administrative investigations are conducted by the investigators with the
Florida Department of Juvenile Justice (DJJ), Office of the Inspector General (OIG).
Based on the written institutional plan, policies and interviews, trained investigators
conduct administrative investigations. Allegations that are criminal in nature are
referred to law enforcement and the Florida Department of Children and Families.
According to the PAQ, the agency has a policy related to criminal and administrative
agency investigations. Agency policy, FDJJ Policy 1919, p. 14, provides that the
agency investigates all allegations of sexual abuse and sexual harassment. Facility
policy 13.27, p. 1, states, "Local law enforcement and the Department of Children
and Families will handle criminal investigations and the DJJ OIG will conduct
administrative investigations and management reviews separate and apart from
criminal investigations to identify any misconduct by staff as related to Department
regulatory guidance." The facility does not conduct any investigations of sexual
abuse or sexual harassment.
There was one allegation of youth-on-youth sexual harassment which was reported
to staff on February 7, 2025 and was called in to the abuse registry, DJJ Central
Communications Center, and law enforcement. on the same date. The investigation
report (Incident Information) documented investigations completed by the
Department of Children and Families (DCF) and law enforcement. The case was
closed by DCF on February 11, 2025 with no services recommended. The report by
the Okaloosa County Sheriff's Office noted on February 9, 2025, there was
"insufficient evidence to substantiate the claim." The steps in the investigation
processes show the allegations are investigated promptly; thoroughly showing
interviews, findings and notes with each encounter by the investigative entity; and
actions taken. The case was closed by DJJ OIG as Information Only. The documented
investigation timelines of the investigative entities are consistent with the
standard's prompt investigation requirement because no indefinite delays were
noted and there was prompt reporting to the investigative entities.
Once the investigation is completed by OIG, a management review is conducted
reviewing the actions taken and the findings of the assigned investigator. According
to the investigative staff, cases are assigned to an investigator within 24 hours and
"we do not begin our investigation until Local LE has completed their investigation,
or we are notified that they have determined it is not criminal and are not going to
investigate." The investigative staff stated the following during the interview: "On
the date we get the report we assign the report of reach out to local law
enforcement. If local law enforcement is not going to conduct a criminal
investigation, we begin the investigation the day that it is received. The
investigative staff described the investigative process: "We start with reviewing the
allegation and determining if it could be criminal and then we would contact local
law enforcement and assist in any way they need. If not criminal, then we start with
the case plan and go from there. We gather all evidence, interview all residents and
staff, and utilize the video, any bystanders would be interviewed. We then
determine if it meets the preponderance of the evidence protocol and then make a
final determination. We then go to the next step which is to determine staff action
or lack of action contributed to the incident. This includes looking at earlier videos
to see if there was any indication that this could have been prevented." The
interview revealed that anonymous or third-party reports of sexual abuse and
sexual harassment would be handled the same way.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
Provision (b):
Where sexual abuse is alleged, the agency shall use investigators who
have received special training in sexual abuse investigations involving
juvenile victims pursuant to §115.334.
The agency's investigative staff is trained through the Department of Juvenile
Justice as supported by the PAQ. The OIG follows protocols in conducting
administrative investigations and the investigators receive training on the related
agency policies and specialized training regarding conducting investigations in
confinement settings. The interview with the investigative staff revealed that
investigators receive online mandatory training. He also described training for new
staff that includes procedures for conducting PREA investigations, establish
timelines for investigation activities, and learn how to develop a case file that is
used prior to conducting any investigations. He further stated, "we train staff to be
victim centered during the interview process. If the youth as a victim of sexual
abuse and has been interviewed by local law enforcement we will review the
investigation and may not have to interview the victim. We do administrative
investigation and are not required to do the Miranda warning. We cover it, however
we train all DJJ staff and vendors to secure the scene and victim and abuser and
wait on local law enforcement to collect the evidence. If we respond prior to local
law enforcement, our staff are trained on how to secure the scene, separate the
victim and abuser and secure the victim and abuser from destroying evidence. we
use the preponderance of the evidence and train staff on the more likely that it
happened than it didn’t happen. (51%)."
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
Provision (c):
Investigators shall gather and preserve direct and circumstantial
evidence, including any available physical and DNA evidence and any
available electronic monitoring data; shall interview alleged victims,
suspected perpetrators, and witnesses; and shall review prior complaints
and reports of sexual abuse involving the suspected perpetrator.
According to the PAQ, investigators gather and preserve direct and circumstantial
evidence, including any available physical and DNA evidence and any available
electronic monitoring data; interview alleged victims, suspected perpetrators, and
witnesses; review prior reports and complaints of sexual abuse involving the
suspected perpetrator. The Investigator gathers direct and circumstantial evidence
that includes but is not limited to video, clothing, witness statements; listen to any
related telephone calls; and logs. Law enforcement and a qualified medical
practitioner are responsible for collecting direct physical and DNA evidence, in
accordance with the interview with the investigative staff.
The interview with the investigative staff continued: "The first step in any
investigation begins with a case plan which includes all areas that will be part of the
investigations which include videos, telephone calls, interviews, gathering
documents, and any other evidence that is going to be used. We also plan for the
administrative review of policies, procedures, staffing etc. for additional information.
As I indicated we start with reviewing the allegation and determining if it could be
criminal and then we would contact local law enforcement and assist in any way
they need. If not criminal, then we start with the case plan and go from there. We
gather all evidence, interview all residents and staff, and utilize the video, any
bystanders would be interviewed. We then determine if it meets the preponderance
of the evidence protocol and make a final determination. We then go to the next
step which is to determine if staff action of lack of action contributed to the incident.
This includes looking at earlier videos to see if there was any indication that this
could have been prevented."
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
Provision (d):
The agency shall not terminate an investigation solely because the source
of the allegation recants the allegation.
The interview with the investigative staff confirmed that an investigation is not
terminated if the source recants the allegation. Agency policy FDJJ 1919 provides
that "The Department will ensure administrative investigations and reviews are
completed for all allegations of sexual misconduct and all administrative
investigations by the OIG shall follow OIG guidelines governing PREA investigations.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
Provision (e):
When the quality of evidence appears to support criminal prosecution, the
agency shall conduct compelled interviews only after consulting with
prosecutors as to whether compelled interviews may be an obstacle for
subsequent criminal prosecution.
The agency investigators do not conduct compelled interviews. According to the
Department of Juvenile Justice investigative staff, "We do not have authority to
notify local prosecutor; however, we encourage the local law enforcement to work
with the local prosecutors. The IG or FDJJ Secretary could forward information to
state law enforcement."
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
Provision (f):
The credibility of an alleged victim, suspect, or witness shall be assessed
on an individual basis and shall not be determined by the person’s status
as resident or staff. No agency shall require a resident who alleges sexual
abuse to submit to a polygraph examination or other truth-telling device
as a condition for proceeding with the investigation of such an allegation.
Regarding credibility assessment, the investigative staff revealed they review the
past history, compare statements with videos and documentation, and consider
corroboration with the other interviews. Summarily, the credibility of an alleged
victim, suspect, or witness is assessed on an individual basis and is not determined
by the person’s status as a resident or staff. No resident who alleges sexual abuse
will be subjected to a polygraph examination or other truth telling device as a
condition for proceeding with the investigation of the allegation, in accordance with
the interview. There was no allegation of sexual abuse during this audit period.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
Provision (g): Administrative Investigations:
(1) Shall include an effort to determine whether staff actions or failures to
act contributed to the abuse. (2) Shall be documented in written reports
that include a description of the physical and testimonial evidence, the
reasoning behind credibility assessments, and investigative facts and
findings.
The interview with the investigative staff revealed that the investigation will
determine if staff action of lack of action contributed to the incident. According to
the interview with investigative staff, there would be a review of all evidence and
information. "We look at policies and procedures that may have not been followed.
We look at previous camera footage for the same time period to see if there is a
pattern." It was also shared that staffing would be reviewed especially in the area
where the allegation occurred. The investigations are documented in written reports
as reviewed by the auditor. The reports include: videos, audio recordings, witness
statements, medical information, mental health information, summary document,
and everything that was generated in the investigation including handwritten notes.
The report may also include results of a forensic medical examination where
indicated, according to the investigative staff interview.
The investigation report provided a description of the testimonial evidence and
there was corroboration of interviews regarding credibility assessments. The written
report contained investigative facts and findings. The report identifies the person
type whether youth or staff and the involvement type such as victim, subject,
reporting person. The report did not indicate the interviews of the staff, subject, or
reporting person were weighted differently.
The hard copies of documents are stored secure in locked drawers within locked
offices. All keys are maintained within a key control system. A large amount of
records are electronically stored. The electronic records are password protected and
located on a platform where approval is provided, through a manager, prior to
gaining access. Informal conversations with staff supported the records are
maintained secure whether hard copies or electronically.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
Provision (h):
Criminal investigations shall be documented in a written report that
contains a description of physical, testimonial, and documentary evidence
and attaches copies of all documentary evidence where feasible.
The administrative investigation report reviewed by the auditor identified the case
number assigned by law enforcement and that a report had been completed which
noted it was determined there was insufficient evidence to substantiate the claim.
The report also contained a case number assigned by the DCF and that the case
was closed by DCF with no services recommended. According to the interview with
investigative staff, in some cases they are not able to get very much from the law
enforcement and in other cases they get the complete file.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
Provision (i):
Substantiated allegations of conduct that appears to be criminal shall be
referred for prosecution.
The agency investigators do not conduct criminal investigations. It is the
responsibility of law enforcement personnel to refer cases for prosecution. There
were no allegations of sexual abuse during this audit period.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
Provision (j):
The agency shall retain all written reports referenced in paragraphs (g)
and (h) of this section for as long as the alleged abuser is incarcerated or
employed by the agency, plus five years, unless the abuse was committed
by a juvenile resident and applicable law requires a shorter period of
retention.
The written investigative reports are maintained for as long as the alleged abuser is
incarcerated or employed by the agency, plus five years.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
Provision (k):
The departure of the alleged abuser or victim from the employment or
control of the facility or agency shall not provide a basis for terminating
an investigation.
The investigative interview confirmed that upon the start of an investigation, it will
not end until the investigation has been completed. The departure of the alleged
abuser or victim from the employment or control of the facility will not terminate the
investigation.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
Provision (l):
Any State entity or Department of Justice component that conducts such
investigations shall do so pursuant to the above requirements.
The investigative agencies are aware of the PREA standards requirements through
the initial sharing of PREA information, PREA Compliance Form, and subsequent
interactions.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
Provision (m):
When outside agencies investigate sexual abuse, the facility shall
cooperate with outside investigators and shall endeavor to remain
informed about the progress of the investigation.
The interviews revealed the following: Investigative Staff-"We offer any assistance
they request. We make certain that the facility cooperates with the local
investigators and we aid the investigators and making staff and resident available
to be interviewed. Agency Policy and interviews indicate that staff cooperates with
investigators and that the agency/facility is kept informed of the progress of an
investigation." Superintendent-Remains informed of the progress of an investigation
through the PREA Coordinator and law enforcement. PREA Coordinator/Compliance
Manager-"DJJ is the liaison.
Conclusion:
Based upon the review and analysis of the available evidence and interviews, the
Auditor determined the facility is compliant with this provision.
115.372 Evidentiary standard for administrative investigations
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA Procedures
Pre-Audit Questionnaire (PAQ)
Investigation Report
Interview:
Investigative Staff
Provision (a):
The agency shall impose no standard higher than a preponderance of the
evidence in determining whether allegations of sexual abuse or sexual
harassment are substantiated.
According to the PAQ, the agency imposes a standard of a preponderance of the
evidence or a lower standard of proof for determining whether allegations of sexual
abuse or sexual harassment are substantiated. The policy and practice of the
Department of Juvenile Justice, Office of Inspector General, responsible for
administrative investigations, impose a standard of a preponderance of the
evidence for determining whether allegations are substantiated, according to the
interview with investigative staff and a review of the investigation report.
Conclusion:
Based upon the review and analysis of the evidence, the Auditor determined the
facility is compliant with this standard.
115.373 Reporting to residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Pre-Audit Questionnaire (PAQ)
Investigation Report
Interviews:
Superintendent
Investigative Staff
Statewide PREA Coordinator
Provision (a):
Following an investigation into a resident’s allegation of sexual abuse
suffered in an agency facility, the agency shall inform the resident as to
whether the allegation has been determined to be substantiated,
unsubstantiated, or unfounded.
According to the PAQ, "The agency has a policy requiring that any resident who
makes an allegation that he or she suffered sexual abuse in an agency facility is
informed, verbally or in writing, as to whether the allegation has been determined to
be substantiated, unsubstantiated, or unfounded following an investigation by the
agency." Page 15 of the agency's PREA policy, FDJJ 1919, addresses the resident
being informed when the investigation is completed and that the notification of the
outcome of the investigation to the resident be documented. There was no
investigation completed regarding an allegation of sexual abuse during the last 12
months. One administrative investigation was completed for an allegation of sexual
harassment.
The interviews revealed awareness of the policy requirement. The investigative staff
stated, "At the conclusion of the investigations the IG’s office sends a letter to the
resident and if underage youth, to their parents with the outcome of the
investigation." The superintendent confirmed through the interview the resident
would be notified at the end of the investigation the resident would be notified and
that policy exists. The superintendent further revealed that such an incident has not
occurred in in the last 12 months and beyond, as also confirmed by the statewide
PREA Coordinator. According to the PREA Coordinator/Compliance Manager, the
findings of the sexual harassment investigation was shared with the resident and it
was documented; however, the resident has been released and the file sent to the
parent agency's office as is the practice when residents are released from the
facility. The Department of Children and Families closed the case as No Services
Recommended; the Okaloosa Sheriff's Office closed the case due to insufficient
evidence to substantiate the claim; and the Department of Juvenile Justice closed
the Management Review with an Information Only finding.
Conclusion:
The interviews and review of Policy and other documentation confirmed the facility
is compliant with this provision.
Provision (b):
If the agency did not conduct the investigation, it shall request the
relevant information from the investigative agency in order to inform the
resident.
The PAQ provides that if an outside entity conducts the investigation, the agency
requests the relevant information from the investigative entity in order to inform the
resident of the outcome of the investigation. The information contained in the
administrative investigation report demonstrates that information is shared when
investigations are conducted by an outside agency and the same would occur if the
allegation had been one of sexual abuse or if the investigations had determined the
allegation was one of sexual abuse. The investigation report documents that law
enforcement and the Department of Children and Families (DCF) were called as a
result of an allegation of sexual harassment and the results of those investigations
are documented in the investigation report completed by the Department of
Juvenile Justice, Office of the Inspector General, and the case numbers were
provided.
According to the interview, the superintendent remained abreast of the involvement
of the investigative entities with them directly or through the statewide PREA
Coordinator. Findings are shared when conducted by an outside agency as
determined by the investigation report and interview with the superintendent.
Informal conversations with the DJJ statewide PREA Coordinator revealed he
monitors allegations and investigations and communicates with agency
investigators regarding communication with law enforcement and DCF. The DJJ PREA
Coordinator assists in keeping the superintendent informed on investigations
conducted by DJJ, DCF, and law enforcement personnel. The superintendent
expressed effective communication with the investigative entities. The investigation
reports documented contact with the investigative entities.
Conclusion:
The interviews and review of Policy and other documentation confirmed the facility
is compliant with this provision.
Provision (c):
Following a resident’s allegation that a staff member has committed
sexual abuse against the resident, the agency shall subsequently inform
the resident (unless the agency has determined that the allegation is
unfounded) whenever:
(1) The staff member is no longer posted within the resident’s unit;
(2) The staff member is no longer employed at the facility;
(3) The agency learns that the staff member has been indicted on a charge
related to sexual abuse within the facility; or
(4) The agency learns that the staff member has been convicted on a
charge related to sexual abuse within the facility.
The FDJJ 1919 policy, pages 15-16, requires that following a resident’s allegation
that a staff member committed sexual abuse against the resident, the resident will
be informed, in writing, of the following, unless it has been determined that the
allegation is unfounded, "whenever:
a. The staff member is no longer posted within the resident’s housing unit;
b. The staff member is no longer employed at the facility;
c. The staff member has been indicted on a charge related to sexual abuse in the
facility;
d. The staff member has been convicted on a charge related to sexual abuse in the
facility."
There has been no allegation of sexual abuse against a staff member during this
audit period.
Conclusion:
The interviews and review of Policy and other documentation confirmed the facility
is compliant with this provision.
Provision (d):
Following a resident’s allegation that he or she has been sexually abused
by another resident, the agency shall subsequently inform the alleged
victim whenever:
(1) The agency learns that the alleged abuser has been indicted on a
charge related to sexual abuse within the facility; or
(2) The agency learns that the alleged abuser has been convicted on a
charge related to sexual abuse within the facility.
Policy provides that following a resident’s allegation that he has been sexually
abused by another resident the alleged victim shall be informed, in writing,
whenever:
a. The alleged abuser is criminally charged related to the sexual abuse.
b. The alleged abuser is adjudicated on a charge related to sexual abuse within the
facility.
There has been no allegation of sexual abuse against another resident during this
audit period.
Conclusion:
The interviews and review of Policy and other documentation confirmed the facility
is compliant with this provision.
Provision (e):
All such notifications or attempted notifications shall be documented.
The policy provides that the notifications to the resident be documented. According
to the agency policy, FDJJ 1919, page 16, "All such notifications or attempted
notifications shall be documented." The statewide PREA Coordinator has developed
a form that is used for notification to residents of the outcome of investigations of
sexual abuse allegations. The Notification Form contains the resident's name, date,
allegation, summarization of the findings of substantiated, unsubstantiated, or
unfounded. The form is signed by the resident and by the staff providing the
information.
Conclusion:
The interviews and review of policy and other documentation confirmed the facility
is compliant with this provision.
115.376 Disciplinary sanctions for staff
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy 1919, PREA Procedures
PREA Pre-Audit Questionnaire (PAQ)
Provision (a):
Staff shall be subject to disciplinary sanctions up to and including
termination for violating agency sexual abuse or sexual harassment
policies.
Agency policy support that staff be subject to disciplinary sanctions up to and
including termination for violating sexual abuse or sexual harassment policies.
According to the PAQ, staff is subject to disciplinary sanctions up to and including
termination for violating agency sexual abuse or sexual harassment policies.
Conclusion:
Based upon the review of documentation and the interview, the Auditor determined
the facility is compliant with this provision.
Provision (b):
Termination shall be the presumptive disciplinary sanction for staff who
has engaged in sexual abuse.
Termination is the presumptive disciplinary sanction for staff who has engaged in
sexual abuse with a resident, according to agency policy. Per the PAQ, in the past 12
months, there was no staff member from the facility that was terminated or
resigned for violating agency sexual abuse or sexual harassment policies.
Conclusion:
Based upon the review of documentation and the interview, the Auditor determined
the facility is compliant with this provision.
Provision (c):
Disciplinary sanctions for violations of agency policies relating to sexual
abuse or sexual harassment shall be commensurate with the nature and
circumstances of the acts committed, the staff member’s disciplinary
history, and the sanctions imposed for comparable offenses by other staff
with similar histories.
Disciplinary sanctions for violations of policies relating to sexual abuse or sexual
harassment (other than engaging in sexual abuse) will be commensurate with the
act committed, the staff member’s disciplinary history, and the similar history of
other staff, in accordance with policy. In the past 12 months, there were no staff
from the facility that violated agency sexual abuse or sexual harassment policies,
according to the PAQ.
Conclusion:
Based upon the review of documentation and the interview, the Auditor determined
the facility is compliant with this provision.
Provision (d):
All terminations for violations of agency sexual abuse or sexual
harassment policies, or resignations by staff who would have been
terminated if not for their resignation, shall be reported to law
enforcement agencies, unless the activity was clearly not criminal, and to
any relevant licensing bodies.
Agency policy provides that terminations for violations of the facility’s sexual abuse
or sexual harassment policies or resignations by staff that would have been
terminated if not for their resignation, will be reported to law enforcement, unless
the activity is clearly not criminal. In addition, such will be reported to relevant
licensing bodies. No staff member has been terminated for violating the facility’s
sexual abuse or sexual harassment policies during this audit period.
Conclusion:
Based upon the review of documentation and the interview, the Auditor determined
the facility is compliant with this provision.
115.377 Corrective action for contractors and volunteers
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA Procedures
PREA Pre-Audit Questionnaire (PAQ)
Interviews:
Superintendent
Contractors (2)
Provision (a):
Any contractor or volunteer who engages in sexual abuse shall be
prohibited from contact with residents and shall be reported to law
enforcement agencies, unless the activity was clearly not criminal, and to
relevant licensing bodies.
According to agency FDJJ 1919, page 1, "DJJ has zero tolerance for any acts of sexual
abuse, assault, misconduct or harassment. Sexual activity between staff and
juveniles, volunteers or contract personnel and juveniles, and juvenile and juvenile
is prohibited and subject to administrative and criminal disciplinary sanctions."
Policy and the interview with the superintendent provide for contractors and
volunteers who engage in sexual abuse with a resident to be reported to law
enforcement and to relevant licensing bodies. Documentation and interviews with
contractors confirm the facility provides contractors a clear understanding that
sexual misconduct with a resident is prohibited. Any contractor or volunteer who
violates the agency’s sexual abuse or sexual harassment policies is prohibited from
contact with residents, according to the interview with the superintendent. During
this audit period, there have been no allegations of sexual abuse or sexual
harassment regarding a contractor. The facility does not have any volunteers.
Conclusion:
Based upon the review of the documentation and interviews, the Auditor
determined the facility is compliant with this standard.
Provision (b):
The facility shall take appropriate remedial measures, and shall consider
whether to prohibit further contact with residents, in the case of any other
violation of agency sexual abuse or sexual harassment policies by a
contractor or volunteer.
The facility will take the appropriate remedial measures and prohibit further contact
with residents in the case of any other violation of the sexual abuse and sexual
harassment policies by a contractor or volunteer and consider whether to prohibit
further contact with residents, according to the policy. According to the
superintendent the contractor or volunteer would most likely be prohibited from
further contact with residents. In the past 12 months, no contractors or volunteers
were reported for allegations of sexual abuse or sexual harassment. Volunteer and
contracting staff indicated that PREA related training includes facility's policy
involving any violation of PREA related policies. There have been no allegations of
sexual abuse or sexual harassment involving contracting and volunteers during the
last 12 months. The facility does not have any volunteers.
Conclusion:
Based upon the review of the documentation and interviews, the Auditor
determined the facility is compliant with this provision.
Policies provide for contractors and volunteers who engage in sexual abuse with a
resident to be reported to law enforcement and to relevant licensing bodies.
Documentation and interviews with contractors and a volunteer confirm that the
facility provides contractors and volunteers a clear understanding that sexual
misconduct with a resident is prohibited. Any contractor or volunteer who violates
the agency’s sexual abuse or sexual harassment policies is prohibited from contact
with residents. During this audit period, there have been no allegations of sexual
abuse or sexual harassment regarding a contractor or volunteer.
Provision (b):
The facility shall take appropriate remedial measures, and shall consider whether to
prohibit further contact with residents, in the case of any other violation of agency
sexual abuse or sexual harassment policies by a contractor or volunteer.
The facility will take the appropriate remedial measures and prohibit further contact
with residents in the case of any other violation of the sexual abuse and sexual
harassment policies by a contractor or volunteer. In the past 12 months, no
contractors or volunteers were reported for allegations of sexual abuse or sexual
harassment.
Conclusion:
Based upon the review of the documentation and interviews, the Auditor
determined the facility is compliant with this standard.
115.378 Interventions and disciplinary sanctions for residents
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Facility Policy 13.24, Interventions and Disciplinary Sanctions
Agency Policy FDJJ 1919, PREA Procedures
PREA Pre-Audit Questionnaire
Student Handbook, The Level Advancement System
Interviews:
Superintendent
Medical Staff
Mental Health Staff
Provision (a):
A resident may be subject to disciplinary sanctions only pursuant to a
formal disciplinary process following an administrative finding that the
resident engaged in resident-on-resident sexual abuse or following a
criminal finding of guilt for resident-on-resident sexual abuse.
According to the PAQ, residents are subject to disciplinary sanctions only after
formal proceedings regarding resident-on-resident sexual abuse. Residents found in
violation of facility rules are subject to sanctions pursuant to the administrative
process. The consequences will be administered through the administrative system,
encompassing the behavior management system which includes level
advancement, loss of points/tokens, and additional consequences. Allegations of
sexual abuse are referred for an investigation to the appropriate investigative
entities and a resident may be placed in the juvenile detention center, per facility
policy 13.24, page 1. There were no allegations of sexual abuse during this audit
period.
Conclusion:
Based on the available evidence and interviews, the Auditor concluded the facility is
compliant with this provision.
Provision (b):
Any disciplinary sanctions shall be commensurate with the nature and
circumstances of the abuse committed, the resident’s disciplinary history,
and the sanctions imposed for comparable offenses by other residents
with similar histories. In the event a disciplinary sanction results in the
isolation of a resident, agencies shall not deny the resident daily large-
muscle exercise or access to any legally required educational
programming or special education services. Residents in isolation shall
receive daily visits from a medical or mental health care clinician.
Residents shall also have access to other programs and work
opportunities to the extent possible.
According to the interview with the superintendent where there is an investigative
finding of a substantiated allegation of sexual abuse, the resident will be moved to
the detention center. An administrative finding will garner sanctions through the
behavior management system which could mean a loss in level or reduction in
points. The interview also revealed that the residents mental health issues and
disciplinary history will be considered and sanctions will be commensurate with the
nature and circumstances of other residents, based on the findings of an
administrative investigation. Additionally, according to the superintendent, PREA
related violations may result in charges filed and resident placed in detention based
on the circumstances of the incident. Allegations of sexual abuse are referred for an
investigation to the appropriate investigative entities. Isolation is not used as a
disciplinary sanction and there were no allegations of sexual abuse.
Conclusion:
Based on the available evidence and interviews, the Auditor concluded the facility is
compliant with this provision.
Provision (c):
The disciplinary process shall consider whether a resident’s mental
disabilities or mental illness contributed to his or her behavior when
determining what type of sanction, if any, should be imposed.
Disciplinary and other processes consider whether a resident’s mental disabilities or
mental illness contributed to the resident’s behavior regarding the application of
disciplinary measures. The interviews with the superintendent and mental health
staff support the premise. There were no allegations of sexual abuse during this
audit period.
Conclusion:
Based on the available evidence and interviews, the Auditor concluded the facility is
compliant with the provision.
Provision (d):
If the facility offers therapy, counseling, or other interventions designed
to address and correct underlying reasons or motivations for the abuse,
the facility shall consider whether to offer the offending resident
participation in such interventions. The agency may require participation
in such interventions as a condition of access to any rewards-based
behavior management system or other behavior-based incentives, but not
as a condition to access to general programming or education.
The facility would consider whether to offer the offending resident intervention
services designed to address and correct underlying reasons or motivations for the
abuse participation, based on the interview with mental health staff. The facility
would not require participation in such interventions as a condition for participation
in the behavior management system or to access general programming or
education as determined from the interview. Observations and the interview with
mental health staff revealed the mental health unit is equipped to develop
treatment planning and interventions to address underlying reasons or motivations
for the abuse with alleged victims and offending residents.
Conclusion:
Based on the available evidence and interviews, the Auditor concluded the facility is
compliant with the provision.
Provision (e):
The agency may discipline a resident for sexual contact with staff only
upon a finding that the staff member did not consent to such contact.
Policy provides that a resident may be disciplined for sexual contact with staff only
upon a finding that the staff member did not consent to such contact. According to
the policy 13.24, page 1, the resident will receive "programmatic sanctions." There
were no such incidents in the facility during this audit period.
Conclusion:
Based on the available evidence and interviews, the Auditor concluded the facility is
compliant with the provision.
Provision (f):
For the purpose of disciplinary action, a report of sexual abuse made in
good faith based upon a reasonable belief that the alleged conduct
occurred shall not constitute falsely reporting an incident or lying, even if
an investigation does not establish evidence sufficient to substantiate the
allegation.
A report of sexual abuse made in good faith based on the belief that the alleged
incident occurred does not constitute falsely reporting an incident or lying, even if
an investigation does not establish evidence sufficient to substantiate the
allegation, in accordance with agency policy 1919, page 12. Additionally, anyone
reporting in good faith will be immune from any civil or criminal liability. Specifically,
the policy states, ". . . any person who knowingly and willfully makes a false report
to the Florida Abuse Hotline or counsels another to make a false report is guilty of a
third-degree felony in accordance with Chapter 39.205, Florida Statutes. There were
no false reports made during this audit period.
Conclusion:
Based on the available evidence and interviews, the Auditor concluded the facility is
compliant with the standard.
Provision (g):
An agency may, in its discretion, prohibit all sexual activity between
residents and may discipline residents for such activity. An agency may
not, however, deem such activity to constitute sexual abuse if it
determines that the activity is not coerced.
Policy 13.24, page 1, prohibits any sexual conduct between residents. All such
conduct is subject to disciplinary action. Referrals are made to the investigative
entities and court processes occur after determination the sexual activity was
coerced.
Conclusion:
Based on the available evidence and interviews, the Auditor concluded the facility is
compliant with the provision.
115.381 Medical and mental health screenings; history of sexual abuse
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Facility Policy 13.05, Medical and Mental Health Care
Screening for Vulnerability, Victimization and Sexually Aggressive Behavior (VSAB)
Interviews:
Medical Staff
Mental Health Staff
Staff Responsible for Risk Screening
Provision (a):
If the screening pursuant to §115.341 indicates that a resident has
experienced prior sexual victimization, whether it occurred in an
institutional setting or in the community, staff shall ensure that the
resident is offered a follow-up meeting with a medical or mental health
practitioner within 14 days of the intake screening.
Agency policy, page 8, provides that, "If the youth discloses prior sexual
victimization or staff, based on intake screening information, suspects or discovers
the youth has perpetrated sexual abuse, whether it occurred in a facility setting or
in the community, then staff shall ensure the youth is referred for medical and
mental health services within 14 days of the intake screening." Facility policy 13.05,
page 1, provides for the same regarding the revelation during the risk screening
that a resident experienced prior sexual victimization. The interview with the risk
screener, corroboration with other staff, and review of a sample of VSABs (risk
screening), revealed there was no such disclosure during the risk screening in the
past year. There was no target interviewee identified in the facility at this time.
According to the risk screener, the Case Manager will alert the assigned Therapist if
the risk screening indicates any prior sexual victimization.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provision (b):
If the screening pursuant to §115.341 indicates that a resident has
previously perpetrated sexual abuse, whether it occurred in an
institutional setting or in the community, staff shall ensure that the
resident is offered a follow-up meeting with a mental health practitioner
within 14 days of the intake screening.
Policy and practice provide that a resident be referred to mental health or medical
staff within 14 days if identified as having been a victim or perpetrator of sexual
abuse. Facility policy 13.05, page 1, states, "If the screening pursuant to § 115.341
indicates that a resident has previously perpetrated sexual abuse, whether it
occurred in an institutional setting or in the community, staff shall ensure that the
resident is offered a follow-up meeting with a mental health practitioner within 14
days of the intake screening." Agency policy, page 8, provides that, "If the youth
discloses prior sexual victimization or staff, based on intake screening information,
suspects or discovers the youth has perpetrated sexual abuse, whether it occurred
in a facility setting or in the community, then staff shall ensure the youth is referred
for medical and mental health services within 14 days of the intake screening." The
interview with the risk screener revealed when the issues are identified upon
admission, the documented referral is routinely made the same day, always well
within 14 days, and the resident seen by mental health staff within 24 hours, no
later than 24 hours.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provision (c):
Any information related to sexual victimization or abusiveness that
occurred in an institutional setting shall be strictly limited to medical and
mental health practitioners and other staff, as necessary, to inform
treatment plans and security and management decisions, including
housing, bed, work, education, and program assignments, or as otherwise
required by Federal, State, or local law.
The facility and agency policies support that no information is to be shared with
staff other that medical and mental health practitioners unless it is required for
security and management decisions regarding sexual abuse history. The interviews
confirmed that information related to sexual victimization or abusiveness that
occurred in an institutional setting is limited to clinical and treatment staff and to
other staff, based on their need to know, to make effective management decisions.
During the onsite review, the files were observed to be maintained in a secure
manner in locked file cabinets in the lockable file room, within the lockable clinic.
Medical has the keys to the clinic through the facilities key control system.
Electronic records are password protected and the agency has a private network
which is also password protected with limited and identified access. Informal
conversations with staff during the comprehensive site review revealed that clinical
staff solely have access to the clinical records; other staff will be provided
information, based on their need to know.
During the onsite review, the files were observed to be maintained in a secure
manner in locked file cabinets in the lockable file room within the lockable clinic.
Electronic records are password protected and the facility has a platform with
limited access and the user must have prior management approval prior to
accessing the site. The keys to the clinic are within the key control system with
limited access. It was also determined that hard copies and electronic files are
maintained secure, through informal conversations during the comprehensive
review.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provision (d):
Medical and mental health practitioners shall obtain informed consent
from residents before reporting information about prior sexual
victimization that did not occur in an institutional setting, unless the
resident is under the age of 18.
Agency policy, page 8, addresses informed consent being obtained for residents 18
years or over prior to clinical personnel reporting information disclosed about prior
sexual victimization that did not occur in an institutional setting. The mental health
and medical staff interviewed expressed an understanding of the use of informed
consent. The use of informed consent will be documented in the case notes for
mental health staff and the medical staff will be documented in the nurse's notes.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
115.382 Access to emergency medical and mental health services
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919. PREA
Facility Policy 13.06, Access to Emergency Medical and Mental Health Care
Facility Policy 13.13, Access to Forensic Medical Exams and Victim Services
Pre-Audit Questionnaire (PAQ)
Student Handbook
Interviews:
Mental Health Staff
Medical Staff
Random Staff
Provision (a):
Resident victims of sexual abuse shall receive timely, unimpeded access to
emergency medical treatment and crisis intervention services, the nature
and scope of which are determined by medical and mental health
practitioners according to their professional judgment.
The PAQ, interviews, and agency policy FDJJ 1919, pages 9-10, support the victim
will receive timely and unimpeded access to emergency medical treatment and
crisis intervention services; and the nature and scope of the services are
determined according to their professional judgment. Residents are informed of
clinical services during the intake process in the time spent with medical staff and
mental health staff according to informal conversations with residents, review of
secondary materials, and Student Handbook. The clinical staff maintain secondary
materials that document services provided and encounters with residents.
The alleged victim will be transported to the hospital for a forensic medical
examination by a Sexual Assault Nurse Examiner, Sexual Assault Nurse Examiner, or
other qualified medical practitioner if a SAFE or SANE is not available, in accordance
with agency policy FDJJ 1919, page 10, and the written institutional plan in response
to an allegation of sexual abuse. Residents are also provided access to an outside
victim advocacy agency for services, confirmed by the advocacy agency
representative, even while the signatures are being updated on the Memorandum of
Understanding. There were no sexual abuse investigations completed during this
audit period.
According to medical and mental health staff, residents will receive timely and
unimpeded access to emergency medical treatment and crisis intervention services.
The medical staff defined timely as immediately and no later than 30 minutes to a
hour. Medical staff also provided that timely meant immediately; she added the
allegations of sexual abuse are "taken very seriously." Both clinical staff interviews
revealed the nature and scope of their services are determined by their professional
judgement. There was no resident in the facility that reported an allegation of
sexual abuse.
Conclusion:
Based on the evidence reviewed and interviews, the Auditor determined the facility
is compliant with this provision.
Provision (b):
If no qualified medical or mental health practitioners are on duty at the
time a report of recent abuse is made, staff first responders shall take
preliminary steps to protect the victim pursuant to §115.362 and shall
immediately notify the appropriate medical and mental health
practitioners.
The PAQ revealed, If no qualified medical or mental health practitioners are on duty
at the time a report of recent sexual abuse is made, direct care staff will take
preliminary steps to protect the victim pursuant to § 115.362 and will immediately
notify the appropriate medical and mental health practitioners. The interviews with
clinical staff revealed residents have access to unimpeded access to emergency
services. The policies and written institutional plan provide guidance to staff in
protecting residents and for contacting the appropriate staff and agencies regarding
allegations or incidents of sexual abuse, including contacting treatment staff and
investigative entities. A review of the written institutional plan and related
documentation and policies; observations of the interactions among residents and
staff during the comprehensive site review; and the interviews indicated direct care
staff will take preliminary steps to protect victims and notify clinical staff as soon as
possible. No such incident has occurred during this audit period.
Conclusion:
Based on the evidence reviewed and interviews, the Auditor determined the facility
is compliant with this provision.
Provision (c):
Resident victims of sexual abuse while incarcerated shall be offered timely
information about and timely access to emergency contraception and
sexually transmitted infections prophylaxis, in accordance with
professionally accepted standards of care, where medically appropriate.
According to policy and procedures 13.06, "Upon admission all youth will be offered
HIV testing as well as testing for STDs. At any time during a youth’s stay if there is
any sexual abuse that occurs, both the victim and perpetrator will be offered HIV
and STD testing.
1. Upon admission all youth receive the following medical screenings and/or
information completed by a nurse and filed in the youth’s medical chart:
a. Physical Health Entry Screening
b. Human Immunodeficiency Virus (HIV) Antibody Test Youth Consent Form
c. Screening for Sexually Transmitted diseases that is documented on the
Sexually Transmitted Infections Screening From
d. Health Related History review documented on the Health Related History
Form."
The interview with clinical staff revealed that victims are offered timely information
about access to sexually transmitted infection (STI) prophylaxis. The medical staff
elaborated that the STI services are a part of the workup at the hospital emergency
room and that the medical unit at the Okaloosa Youth Academy has the capability
to screen for HIV and AIDS.
Conclusion:
Based on the evidence reviewed and interviews, the Auditor determined the facility
is compliant with this provision.
Provision (d):
Treatment services shall be provided to the victim without financial cost
and regardless of whether the victim names the abuser or cooperates with
any investigation arising out of the incident.
Agency Policy FDJJ1919 requires that a victim of sexual abuse "be offered access to
forensic medical examinations whether on-site or at an outside facility, without
financial cost, where evidentiarily or medically appropriate," aligned with the PAQ.
Policies and interviews provide that treatment services will be provided to the victim
without financial cost to the victim and regardless of whether the victim names the
abuser, or cooperate with any investigation arising out of the incident.
Conclusion:
Based on the evidence reviewed and interviews, the Auditor determined the facility
is compliant with this provision.
Ongoing medical and mental health care for sexual abuse victims
115.383
and abusers
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Pre-Audit Questionnaire
Interviews:
Medical Staff
Mental Health Staff
Provision (a):
The facility shall offer medical and mental health evaluation and, as
appropriate, treatment to all residents who have been victimized by
sexual abuse in any prison, jail, lockup, or juvenile facility.
According to agency policy FDJJ 1919, page 8, "The facility shall offer medical and
mental health evaluations, and as appropriate, treatment to all youth who have
been victimized by sexual misconduct in any juvenile facility." The policy, PAQ, and
interviews support that medical and mental health evaluation and treatment will be
offered to resident victims of sexual abuse. The interview with medical staff
revealed follow-up services would include "post-test counseling; health education;
and nursing assessments." The interview with mental health staff revealed that
follow-up services "will be provided that involve therapeutic approaches to treating
trauma."
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provision (b):
The evaluation and treatment of such victims shall include, as
appropriate, follow-up services, treatment plans, and, when necessary,
referrals for continued care following their transfer to, or placement in,
other facilities, or their release from custody.
Interviews and documentation of clinical encounters with residents confirmed on-
going medical and mental health care will be provided as appropriate and will
include but not be limited to treatment planning; evaluations, and clinical follow-up
and referrals as needed. Specialized treatment may also be provided by clinicians
on site and through contracted services within the professional judgement of the
clinician. According to policy 13.05, page 2:
"Initial and Ongoing Medical Care
1. Upon admission all youth receive the following medical screenings and/or
information completed by a nurse and filed in the youth’s medical chart:
a. Physical Health Entry Screening
b. Human Immunodeficiency Virus (HIV) Antibody Test Youth Consent Form
c. Screening for Sexually Transmitted diseases that is documented on the
Sexually Transmitted Infections Screening From
d. Health Related History review documented on the Health Related History
Form"
FDJJ Policy 1919 pages 8-9, provides that ongoing medical and mental health care
for sexual abuse victims and abusers provide that, "The facility shall offer medical
and mental health evaluations, and as appropriate, treatment to all youth who have
been victimized by sexual misconduct in any juvenile facility. The evaluation and
treatment of victims shall include, as appropriate, follow-up services, treatment
plans, and, when necessary, referrals for continued care following their transfer to,
or placement in, other facilities, or their release from custody."
The ongoing evaluation and treatment of residents who have been victimized are:
therapeutic approaches to treating trauma and other therapeutic services according
to mental health staff. Medical staff provided the following: post-testing counseling;
health education; and assessments would be the ongoing evaluation and treatment.
The medical staff also stated there is "awesome communication with mental health
staff."
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provision (c):
The facility shall provide such victims with medical and mental health
services consistent with the community level of care.
Review of policies and secondary documents (logs, forms), interviews, and
observations revealed medical and mental health services are consistent with the
community level of care. Treatment services may be provided by facility staff and
contract services if needed and determined within the scope of services by the
clinician. The interviews, and observations and casual conversations during the
comprehensive site review, underscored the treatment services at the facility are
consistent with the community level of care.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provision (d):
Resident victims of sexually abusive vaginal penetration while
incarcerated shall be offered pregnancy tests.
Only males are housed at this facility.
Provision (e):
If pregnancy results from conduct specified in paragraph (d) of this
section, such victims shall receive timely and comprehensive information
about and timely access to all lawful pregnancy-related medical services.
Only males are housed at this facility.
Provision (f):
Resident victims of sexual abuse while incarcerated shall be offered tests
for sexually transmitted infections as medically appropriate.
The interviews and policies ensure that victims of sexual abuse will be provided
tests for sexually transmitted infections as medically appropriate. These services
may be provided at the hospital and/or the facility. Follow-up testing, post-test
counseling, and health education will be done at the facility. There was no targeted
interviewee present in the facility.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provision (g):
Treatment services shall be provided to the victim without financial cost
and regardless of whether the victim names the abuser or cooperates with
any investigation arising out of the incident.
All treatment services will be provided at no cost to the victim and whether or not
the victim names the abuser of cooperates with the investigation, according to the
Memorandum of Understanding and the PAQ, "Treatment services are provided to
the victim without financial cost and regardless of whether the victim names the
abuser or cooperates with any investigation arising out of the incident. "
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
Provision (h):
The facility shall attempt to conduct a mental health evaluation of all
known resident-on-resident abusers within 60 days of learning of such
abuse history and offer treatment when deemed appropriate by mental
health practitioners.
Medical and mental health evaluation and treatment will be offered to resident
victims of sexual abuse. According to mental health staff, all residents receive an
evaluation during the initial 30 days and tested regarding a PREA-related concern
within 60 days. also see the psychiatrist within 30 days of admission. According to
mental health staff, a mental health evaluation will be conducted. A psychiatrist
makes regular scheduled visits to the facility.
Conclusion:
Based upon the review and analysis of the available evidence, the Auditor
determined the facility is compliant with this provision.
115.386 Sexual abuse incident reviews
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Facility Policy 13.25, Sexual Abuse Incident Reviews
Investigation Reports
Interviews:
Superintendent/Incident Review Team Member
PREA Coordinator/Compliance Manager
Provision (a):
The facility shall conduct a sexual abuse incident review at the conclusion
of every sexual abuse investigation, including where the allegation has
not been substantiated, unless the allegation has been determined to be
unfounded.
The facility is required to conduct a sexual abuse incident review at the conclusion
of an investigation, unless the allegation was unfounded, in accordance with policy
13.25, Sexual Abuse Incident Reviews, page 1. The policy states, " The program will
also conduct a sexual abuse incident review at the conclusion of every sexual abuse
investigation, including where the allegation has not been substantiated, unless the
allegation has been determined to be unfounded." Agency policy DJJ 1919, page 15
states, "the PREA Statewide Coordinator will conduct a sexual misconduct incident
review at the end of every sexual misconduct investigation or administrative review,
including those where the allegation has not been substantiated, unless the
allegation has been determined to be unfounded." There were no sexual abuse
investigations completed during this audit period.
Conclusion:
Based upon the review of Policy and other documentation and interviews, the
Auditor has determined the facility is compliant with this provision.
Provision (b):
Such review shall ordinarily occur within 30 days of the conclusion of the
investigation.
Policy 13.25, page 1 and page 15 of policy FDJJ 1919 require the incident review
occur within 30 days of the conclusion of the investigation. The interview with the
PREA Coordinator/Compliance Manager supported that the incident review will
occur as prescribed by policy. A sexual abuse incident review was not conducted
during the past year due to a sexual abuse investigation not being conducted. A
review of documentation beyond the past 12 months demonstrate the occurrence of
incident review team meetings when needed. The incident reviews are facilitated by
the Department of Juvenile Justice statewide PREA Coordinator as stated in policy. A
review of the agency's incident review reports conducted beyond the last 12 months
provided for documentation of any recommendations made by the incident review
team which may indicate a change in or additional staff training.
Conclusion:
Based upon the review of policy and other documentation and interviews, the
Auditor has determined the facility is compliant with this provision.
Provision (c):
The incident review team shall include upper-level management officials,
with input from line supervisors, investigators, and medical or mental
health practitioners.
Policy FDJJ 1919, page 15, provide the review team includes the PREA Facility
Compliance Manager, Department program area staff, upper-level management,
with input from line supervisors, including medical and mental health officials. The
OIG [Office of Inspector General] "may participate when the incident was
investigated by the OIG." The facility policy is aligned with the overarching agency
policy and it adds the Chief Executive Officer for the contract agency to be a part of
the incident review team. The policies and interview with the incident review team
member collectively identify members of the incident review team. The statewide
PREA Coordinator facilitates the incident review. There will also be input from line
supervisors and other staff as needed, according to the superintendent/incident
review team member.
Conclusion:
Based upon the review of Policy and other documentation and interviews, the
Auditor has determined the facility is compliant with this provision.
Provision (d):
The review team shall:
(1) Consider whether the allegation or investigation indicates a need to
change policy or practice to better prevent, detect, or respond to sexual
abuse;
(2) Consider whether the incident or allegation was motivated by race;
ethnicity; gender identity; lesbian, gay, bisexual, transgender, or intersex
identification, status, or perceived status; or, gang affiliation; or was
motivated or otherwise caused by other group dynamics at the facility;
(3) Examine the area in the facility where the incident allegedly occurred
to assess whether physical barriers in the area may enable abuse.
(4) Assess the adequacy of staffing levels in that area during different
shifts;
(5) Assess whether monitoring technology should be deployed or
augmented to supplement supervision by staff; and
(6) Prepare a report of its findings, including but not necessarily limited to
determinations made pursuant to paragraphs (d)(1)-(d)(5) of this section,
and any recommendations for improvement and submit such report to the
facility head and PREA compliance manager.
The facility and agency policies outline the requirements of the provision for the
areas to be assessed by the incident review team as shown above, aligned with this
provision. The interviews and review of policy confirmed the incident review team is
charged with considering the factors identified in this standard provision regarding
the results of the investigation. The incident review process is documented by the
statewide PREA Coordinator. The written report also includes any recommendations
for improvement. There were no sexual abuse investigations conducted during this
audit period; only administrative investigations.
Conclusion:
Based upon the review of Policy and other documentation and interviews, the
Auditor has determined the facility is compliant with this provision.
Provision (e):
The facility shall implement the recommendations for improvement, or
shall document its reasons for not doing so.
The overarching PREA policy FDJJ1919, page 15 states, the "recommendations for
improvement from the report shall be implemented, or justification provided for not
implementing said recommendations." Policy also indicates the reasons for not
following recommendations are documented. The interview with the superintendent/
incident review team member revealed familiarity with the policy requirements. The
incident review process allows for the assessment of the circumstances surrounding
the incident. A format for documenting the incident review process has been
developed by the DJJ statewide PREA Coordinator as evident from the review of
documentation beyond the 12-month period.
Conclusion:
Based upon the review of Policy and other documentation and interviews, the
Auditor has determined the facility is compliant with this provision.
115.387 Data collection
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919, PREA
Agency Policy FDJJ 2020, Incident Operations Center
CCC Data and PREA Allegation Data FY 24-25
PREA Pre-Audit Questionnaire
Annual Report
Informal Conservation:
Statewide PREA Coordinator
Provision (a):
The agency shall collect accurate, uniform data for every allegation of
sexual abuse at facilities under its direct control using a standardized
instrument and set of definitions.
Policy 1919, page 19, provides for the collection of accurate and uniform data from
the database in the Central Communications Center (CCC) for every allegation of
sexual abuse from incident-based documents. The policy states, "The Department
shall collect uniform data in the CCC for every allegation of sexual misconduct at its
facilities, both state-operated and those with contracted providers. Incident-based
sexual misconduct data shall be aggregated at least annually. Policy FDJJ 2020
contains a standardized set of definitions and provides support for the collection of
accurate and uniform data.
Conclusion:
Based upon the review and analysis of the documentation and the interviews, the
Auditor determined the facility is compliant with this standard.
Provision (b):
The agency shall aggregate the incident-based sexual abuse data at least
annually.
The agency aggregates the incident-based, uniform data regarding allegations of
sexual abuse and sexual harassment. The aggregated data contributes to the
development of the annual report for the agency which is supported by the
reviewed data and policies. Evidence of the aggregated data is recorded on the CCC
Data and PREA Allegation Data, FY 24-25. The agency collects the data and
completes an annual report with the compilation of data gleaned from the facilities
through the central reporting system.
Conclusion:
Based upon the review and analysis of the documentation and the interviews, the
Auditor determined the facility is compliant with this standard.
Provision (c):
The incident-based data collected shall include, at a minimum, the data
necessary to answer all questions from the most recent version of the
Survey of Sexual Violence conducted by the Department of Justice.
The agency maintains incident-based data complete enough to complete the most
recent version of the instrument formerly identified as the Survey of Sexual Violence
and now identified as the Survey of Sexual Victimization. The premise was
confirmed by a review of data and conversation with the statewide PREA Coordinaor.
Conclusion:
Based upon the review and analysis of the documentation and the interviews, the
Auditor determined the facility is compliant with this standard.
Provision (d):
The agency shall maintain, review, and collect data as needed from all
available incident-based documents, including reports, investigation files,
and sexual abuse incident reviews.
The data is collected and various types of data are identified and related documents
regarding PREA information as applicable. The facility policy requires that statistical
information is maintained for various service areas and occurrences, including major
incidents and medical and mental health emergencies. The agency collects and
maintains data for state-run and contract facilities and aggregates the data which
culminates into the annual report. Policy 1919, page 20, states, "the PREA Statewide
Coordinator will review data collected and aggregated in order to assess and
improve the effectiveness of the Department’s sexual misconduct prevention,
detection, and response policies, practices, and training.
Conclusion:
Based upon the review and analysis of the documentation and the interviews, the
Auditor determined the facility is compliant with this standard.
Provision (e):
The agency also shall obtain incident-based and aggregated data from
every private facility with which it contracts for the confinement of its
residents.
The agency collects and maintains data for state-run and contract facilities and
aggregates the data, documented on the CCC Data and PREA Allegation Data sheet.
The information assist in the culmination of the annual report . The data is collected
from the contract facilities and is included in the agency’s annual reports as evident
by the review of the CCC Data and PREA Allegation Data sheet and annual report.
Conclusion:
Based upon the review and analysis of the documentation and the interviews, the
Auditor determined the facility is compliant with this standard.
Provision (f):
Upon request, the agency shall provide all such data from the previous calendar
year to the Department of Justice no later than June 30.
Upon request, the facility completes all such data from the previous calendar year
and submits to the Department of Justice in a timely manner based on the year of
the most recent version of the Survey of Sexual Victimization. According to the PAQ,
a request has not been received by the Department of Justice.
Conclusion:
Based upon the review and analysis of the documentation and the interviews, the
Auditor determined the facility is compliant with this standard.
115.388 Data review for corrective action
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
Annual Reports
Interviews:
Agency Head
Statewide PREA Coordinator
Provision (a):
The agency shall review data collected and aggregated pursuant to
§115.387 in order to assess and improve the effectiveness of its sexual
abuse prevention, detection, and response policies, practices, and
training, including:
(1) Identifying problem areas;
(2) Taking corrective action on an ongoing basis; and
(3) Preparing an annual report of its findings and corrective actions for
each facility, as well as this agency as a whole.
The interviews with the parent agency agency head and Department of Juvenile
Justice statewide (DJJ) PREA Coordinator support the review of data and that it is
used to improve the PREA efforts for both agencies. The interviews and review of
documentation revealed the collection of various types of data, including PREA
related information. According to the statewide PREA Coordinator, data is collected
through the DJJ Central Communication Center (CCC) where information from all
incidents is reported. According to the parent agency's agency head, the data is
managed by the DJJ statewide PREA Coordinator; the parent agency/facility may
develop and implement corrective actions as part of their performance
improvement plan.
The statewide PREA Coordinator prepares an annual report complete with current
and previous PREA data from all residential and detention facilities operated and
contracted by the DJJ. The annual reports are made available through the DJJ
webpage. Data is reviewed to assess and improve the effectiveness of prevention,
detection and response within the agency as well as individual facilities. The data is
also primary to preparing annual reports.
Conclusion:
Based upon the review and analysis of the documentation, the auditor determined
the agency is compliant with this standard.
Provisions (b):
Such report shall include a comparison of the current year’s data and
corrective actions with those from prior years and shall provide an
assessment of the agency’s progress in addressing sexual abuse.
According to the review of the annual report, the agency adheres to policy FDJJ
1919, pp. 19-20, in the preparation of the annual report. The policy provides the
following: "The Department’s PREA Statewide Coordinator will prepare an annual
report of sexual misconduct incidents, findings, and corrective actions for all
facilities, state and contracted, and the Department as a whole. The report will
include a comparison of the current year’s data and corrective actions with those
from prior years and shall provide an assessment of the agency’s progress in
addressing sexual misconduct. The report will be reviewed and approved by the
Secretary and be made readily available to the public through the agency’s
website."
Conclusion:
Based upon the review and analysis of the documentation, the auditor determined
the agency is compliant with this standard.
Provision (c):
The agency’s report shall be approved by the agency head and made
readily available to the public through its website or, if it does not have
one, through other means.
The agency website was reviewed and the annual reports for the agency have been
uploaded and are accessible to the public, in accordance with policy FDJJ 1919 and
the interviews. The agency head confirmed that the annual report is prepared by
the DJJ statewide PREA Coordinator for all the contract and state-run facilities. She
also confirmed that the data collected by DJJ is used by the parent agency to
develop and implement corrective actions as part of their performance
improvement plan. The annual report is approved by the DJJ agency head as
confirmed through casual conversation with the DJJ statewide PREA Coordinator. The
reports were reviewed on the agency's website.
Conclusion:
Based upon the review and analysis of the documentation, the auditor determined
the agency is compliant with this standard.
Provision (d):
The agency may redact specific material from the reports when publication
would present a clear and specific threat to the safety and security of a
facility, but must indicate the nature of the material redacted.
The annual report is prepared by the statewide PREA Coordinator for the agency
and includes data from all state-run and contract facilities within the agency. There
are no personal identifiers in the report and contains PREA related data in
accordance with FDJJ 1919 policy. According to the statewide PREA Coordinator,
"Youth and staff personal identifying information is not included in the annual
report. The annual report contains PREA related data that represents previous
calendar years allowing for the comparison of data. The overarching annual report
for the agency is posted on the agency’s website, accessible to the public.
Conclusion:
Based upon the review and analysis of the documentation, the auditor determined
the agency is compliant with this standard.
115.389 Data storage, publication, and destruction
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Policy 13.30, Data Collection, Review, Storage
Annual Report
Interviews:
PREA Coordinator/Compliance Manager
Statewide PREA Coordinator
Provisions (a):
The facility shall ensure that data collected pursuant to §115.387 are
securely retained.
All data collected is securely stored and maintained for at least 10 years after the
date of collection unless a law requires otherwise, in accordance with facility policy,
in accordance with policy 13.30. The statewide PREA Coordinator confirmed the
data is securely retained and that electronic data may only be accessed with
permissions. The auditor observed sensitive information stored in locked cabinets, in
a locked file room.
Conclusion:
Based upon the review and analysis of the documentation, interviews and
observations, the Auditor determined the facility is compliant with this provision.
Provision (b):
The facility shall make all aggregated sexual abuse data, from facilities
under its direct control and private facilities with which it contracts,
readily available to the public at least annually through its website or, if it
does not have one, through other means.
The annual report is available to the public through the agency website. The annual
report was reviewed by the auditor.
Conclusion:
Based upon the review and analysis of the documentation, interviews and
observations, the Auditor determined the facility is compliant with this provision.
Provision (c):
Before making aggregated sexual abuse data publicly available, the
facility shall remove all personal identifiers.
Personal identifiers were removed from aggregated data before making the data
publicly available as determined by the review of annual reports and PREA reports.
The statewide PREA Coordinator confirmed the redaction of personal identifiers of
residents and staff as evidenced by a review of the publicly available data. All
facility records such as medical, mental health, allegations, risk screenings are
securely stored in locked cabinets behind locked doors within the facility's key
control system through assigned and documented keys. Electronic records are
password protected with identified and limited access on the agency's customized
website.
Conclusion:
Based upon the review and analysis of the documentation, interviews and
observations, the Auditor determined the facility is compliant with this provision.
Provision (d):
The facility shall maintain sexual abuse data collected pursuant to
§115.387 for at least 10 years after the date of its initial collection unless
Federal, State, or local law requires otherwise.
All facility records such as medical, mental health, allegations, risk screenings are
securely stored in locked cabinets behind locked doors within the facility's key
control system through assigned and documented keys. Electronic records are
password protected with identified and limited access on the facility's customized
website.
Conclusion:
Based upon the review and analysis of the documentation, interviews and
observations, the Auditor determined the facility is compliant with this provision.
115.401 Frequency and scope of audits
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Agency Policy FDJJ 1919
PREA Pre-Audit Questionnaire (PAQ)
Previous PREA Audits (2014-2023)
Posted PREA Audit Notices
Informal Conversations:
Superintendent
PREA Coordinator/Compliance Manager
Statewide PREA Coordinator
Residents
Provision (a):
During the three-year period starting on August 20, 2013, and during each
three-year period thereafter, the agency shall ensure that each facility
operated by the agency, or by a private organization on behalf of the
agency, is audited at least once.
The initial PREA audit was conducted in 2014 and each three-year period thereafter:
2017, 2020, 2023, and this current audit in 2026. FDJJ Policy 1919 requires that all
DJJ facilities be audited every three years for compliance with the Prison Rape
Elimination Act. All audits were conducted by a certified PREA auditor.
Conclusion:
Based on the available evidence and informal conversations with identified staff and
residents, the auditor determined the facility is compliant with this provision.
Provision (b):
August 20, 2013, the agency shall ensure that at least one-third of each
facility type operated by the agency, or by a private organization on
behalf of the agency, is audited.
During the prior three-year audit period, the agency ensured that each facility
operated by the agency, or by a private organization on behalf of the agency, was
audited at least once as evidenced by the PAQ, posted PREA audit reports for each
three-year period, and informal conversations with the Superintendent, facility PREA
Coordinator/Compliance Manager and statewide PREA Coordinator. The FDJJ ensured
the completion of PREA audits for each state-run and contract facility as required,
including this facility.
Conclusion:
Based on the available evidence and informal conversations with identified staff and
residents, the auditor determined the facility is compliant with this provision.
Provision h:
The auditor shall have access to, and shall observe, all areas of the
facilities.
The comprehensive site review was provided to the Assistant Program Director who
serves as the PREA Compliance Manager/PREA Coordinator. All areas of the facility
were observed including administrative area, living units and individual rooms,
classrooms, cafeteria, laundry rooms, bathrooms, storage closets, control room, and
recreation area. The auditor also had the opportunity to re-visit areas without
impediment when conducting interviews and/or completing additional observations.
Conclusion:
Based on the available evidence and informal conversations with identified staff and
residents, the auditor determined the facility is compliant with this provision.
Provision (i):
The auditor shall be permitted to request and receive copies of any
relevant documents (including electronically stored information).
The PAQ was completed was initially completed in the online automated system and
supporting documentation was also initially uploaded in the system. The auditor
was provided additional information and documents onsite upon request, by email,
and additional information was uploaded into the automated online system upon
the facility's receipt of the Issue Log which requested additional information and
documents. During the post audit phase, the PREA Coordinator/PREA Compliance
Manager uploaded additional information as needed and evidence that the
corrective action of refresher education for residents was implemented. The auditor
was able to review electronically stored documents during the onsite audit phase
and such documents were also uploaded to the automated online system. The
additional documents requested included personnel and resident files, pertinent
forms, and training records.
Conclusion:
Based on the available evidence and informal conversations with identified staff and
residents, the auditor determined the facility is compliant with this provision.
Provision (m):
The auditor shall be permitted to conduct private interviews with
residents.
The PREA Coordinator/PREA Compliance Manager and other facility staff were
cooperative in providing information and participating in or assisting in coordinating
the interviews. The staff ensured that the interviews were conducted in private with
the residents and staff. Privacy was provided in a conference room in the
administrative area.
The written notices regarding the audit were observed posted within the facility and
specifically in the living units during the comprehensive site review. The notices
were colorful, easy to read, and printed in English and Spanish on the same posting.
The notices provided the general information and included instructions and auditor
contact information regarding how to provide confidential information to the auditor.
The facility has a process for confidential correspondence however no such
correspondence was received by the auditor. All residents randomly and specifically
selected agreed to be interviewed and there were no requests made by any
residents to speak with the auditor.
Conclusion:
Based on the available evidence and informal conversations with identified staff and
residents, the auditor determined the facility is compliant with this provision.
Provision (n):
Residents shall be permitted to send confidential information or
correspondence to the auditor in the same manner as if they were
communicating with legal counsel.
The PREA audit notices, provided by the auditor, were posted within the facility
including the living units. The notices provided the general information regarding
the scheduled audit and included instructions and auditor contact information
regarding how to provide confidential information to the auditor. The facility has a
process for confidential correspondence; however, no such correspondence was
received by the auditor. All residents interviewed, stated they were aware of the
occurrence of the audit either through the posted notice or through staff.
Conclusion:
Based on the available evidence and informal conversations with identified staff and
residents, the auditor determined the facility is compliant with this provision.
115.403 Audit contents and findings
Auditor Overall Determination: Meets Standard
Auditor Discussion
Documents:
Previous PREA Audits
Agency Website
Interviews:
Superintendent
PREA Coordinator/Compliance Manager
Statewide PREA Coordinator
Provision (f):
The agency shall ensure that the auditor’s final report is published on the
agency’s website if it has one, or is otherwise made readily available to
the public.
The PREA reports are posted on the Department of Juvenile Justice (DJJ) website
accessible to the public and may be downloaded. The facility and agency policies,
review of previous audit reports, and informal conversations with the
Superintendent, facility PREA Coordinator/Compliance Manager, and DJJ statewide
PREA Coordinator confirmed the completion of PREA audits every required three-
years within the audit cycle. Previous audits were conducted in 2020 and 2023.
Informal conversation with the statewide PREA Coordinator and observations by the
auditor confirmed the reports are posted on the agency website. Each audit was
conducted by a certified PREA auditor.
Conclusion:
Based on the available evidence and informal conversations with identified staff and
residents, the auditor determined the facility is compliant with this provision.
Appendix: Provision Findings
115.311 Zero tolerance of sexual abuse and sexual harassment; PREA
(a) coordinator
Does the agency have a written policy mandating zero tolerance yes
toward all forms of sexual abuse and sexual harassment?
Does the written policy outline the agency’s approach to yes
preventing, detecting, and responding to sexual abuse and sexual
harassment?
115.311 Zero tolerance of sexual abuse and sexual harassment; PREA
(b) coordinator
Has the agency employed or designated an agency-wide PREA yes
Coordinator?
Is the PREA Coordinator position in the upper-level of the agency yes
hierarchy?
Does the PREA Coordinator have sufficient time and authority to yes
develop, implement, and oversee agency efforts to comply with
the PREA standards in all of its facilities?
115.311 Zero tolerance of sexual abuse and sexual harassment; PREA
(c) coordinator
If this agency operates more than one facility, has each facility na
designated a PREA compliance manager? (N/A if agency operates
only one facility.)
Does the PREA compliance manager have sufficient time and na
authority to coordinate the facility’s efforts to comply with the
PREA standards? (N/A if agency operates only one facility.)
115.312
Contracting with other entities for the confinement of residents
(a)
If this agency is public and it contracts for the confinement of its yes
residents with private agencies or other entities including other
government agencies, has the agency included the entity’s
obligation to adopt and comply with the PREA standards in any
new contract or contract renewal signed on or after August 20,
2012? (N/A if the agency does not contract with private agencies
or other entities for the confinement of residents.)
115.312
Contracting with other entities for the confinement of residents
(b)
Does any new contract or contract renewal signed on or after yes
August 20, 2012 provide for agency contract monitoring to ensure
that the contractor is complying with the PREA standards? (N/A if
the agency does not contract with private agencies or other
entities for the confinement of residents OR the response to
115.312(a)-1 is "NO".)
115.313
Supervision and monitoring
(a)
Does the agency ensure that each facility has developed a staffing yes
plan that provides for adequate levels of staffing and, where
applicable, video monitoring, to protect residents against sexual
abuse?
Does the agency ensure that each facility has implemented a yes
staffing plan that provides for adequate levels of staffing and,
where applicable, video monitoring, to protect residents against
sexual abuse?
Does the agency ensure that each facility has documented a yes
staffing plan that provides for adequate levels of staffing and,
where applicable, video monitoring, to protect residents against
sexual abuse?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: The
prevalence of substantiated and unsubstantiated incidents of
sexual abuse?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring:
Generally accepted juvenile detention and correctional/secure
residential practices?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
judicial findings of inadequacy?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
findings of inadequacy from Federal investigative agencies?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
findings of inadequacy from internal or external oversight bodies?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: All
components of the facility’s physical plant (including “blind-spots”
or areas where staff or residents may be isolated)?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: The
composition of the resident population?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: The
number and placement of supervisory staff?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring:
Institution programs occurring on a particular shift?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
applicable State or local laws, regulations, or standards?
Does the agency ensure that each facility’s staffing plan takes into yes
consideration the 11 criteria below in calculating adequate
staffing levels and determining the need for video monitoring: Any
other relevant factors?
115.313
Supervision and monitoring
(b)
Does the agency comply with the staffing plan except during yes
limited and discrete exigent circumstances?
In circumstances where the staffing plan is not complied with, na
does the facility fully document all deviations from the plan? (N/A
if no deviations from staffing plan.)
115.313
Supervision and monitoring
(c)
Does the facility maintain staff ratios of a minimum of 1:8 during yes
resident waking hours, except during limited and discrete exigent
circumstances? (N/A only until October 1, 2017.)
Does the facility maintain staff ratios of a minimum of 1:16 during yes
resident sleeping hours, except during limited and discrete
exigent circumstances? (N/A only until October 1, 2017.)
Does the facility fully document any limited and discrete exigent yes
circumstances during which the facility did not maintain staff
ratios? (N/A only until October 1, 2017.)
Does the facility ensure only security staff are included when yes
calculating these ratios? (N/A only until October 1, 2017.)
Is the facility obligated by law, regulation, or judicial consent no
decree to maintain the staffing ratios set forth in this paragraph?
115.313
Supervision and monitoring
(d)
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: The staffing plan established
pursuant to paragraph (a) of this section?
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: Prevailing staffing patterns?
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: The facility’s deployment of
video monitoring systems and other monitoring technologies?
In the past 12 months, has the facility, in consultation with the yes
agency PREA Coordinator, assessed, determined, and documented
whether adjustments are needed to: The resources the facility has
available to commit to ensure adherence to the staffing plan?
115.313
Supervision and monitoring
(e)
Has the facility implemented a policy and practice of having yes
intermediate-level or higher-level supervisors conduct and
document unannounced rounds to identify and deter staff sexual
abuse and sexual harassment? (N/A for non-secure facilities )
Is this policy and practice implemented for night shifts as well as yes
day shifts? (N/A for non-secure facilities )
Does the facility have a policy prohibiting staff from alerting other yes
staff members that these supervisory rounds are occurring, unless
such announcement is related to the legitimate operational
functions of the facility? (N/A for non-secure facilities )
115.315
Limits to cross-gender viewing and searches
(a)
Does the facility always refrain from conducting any cross-gender yes
strip or cross-gender visual body cavity searches, except in
exigent circumstances or by medical practitioners?
115.315
Limits to cross-gender viewing and searches
(b)
Does the facility always refrain from conducting cross-gender pat- yes
down searches in non-exigent circumstances?
115.315
Limits to cross-gender viewing and searches
(c)
Does the facility document and justify all cross-gender strip yes
searches and cross-gender visual body cavity searches?
Does the facility document all cross-gender pat-down searches? yes
115.315
Limits to cross-gender viewing and searches
(d)
Does the facility implement policies and procedures that enable yes
residents to shower, perform bodily functions, and change clothing
without nonmedical staff of the opposite gender viewing their
breasts, buttocks, or genitalia, except in exigent circumstances or
when such viewing is incidental to routine cell checks?
Does the facility require staff of the opposite gender to announce yes
their presence when entering a resident housing unit?
In facilities (such as group homes) that do not contain discrete yes
housing units, does the facility require staff of the opposite gender
to announce their presence when entering an area where
residents are likely to be showering, performing bodily functions,
or changing clothing? (N/A for facilities with discrete housing
units)
115.315
Limits to cross-gender viewing and searches
(e)
This provision is no longer applicable to your compliance finding, na
please select N/A.
This provision is no longer applicable to your compliance finding, na
please select N/A.
115.315
Limits to cross-gender viewing and searches
(f)
This provision is no longer applicable to your compliance finding, na
please select N/A.
This provision is no longer applicable to your compliance finding, na
please select N/A.
115.316 Residents with disabilities and residents who are limited
(a) English proficient
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who are deaf or hard of hearing?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who are blind or have low vision?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who have intellectual disabilities?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who have psychiatric disabilities?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Residents who have speech disabilities?
Does the agency take appropriate steps to ensure that residents yes
with disabilities have an equal opportunity to participate in or
benefit from all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment, including:
Other? (if "other," please explain in overall determination notes.)
Do such steps include, when necessary, ensuring effective yes
communication with residents who are deaf or hard of hearing?
Do such steps include, when necessary, providing access to yes
interpreters who can interpret effectively, accurately, and
impartially, both receptively and expressively, using any
necessary specialized vocabulary?
Does the agency ensure that written materials are provided in yes
formats or through methods that ensure effective communication
with residents with disabilities including residents who: Have
intellectual disabilities?
Does the agency ensure that written materials are provided in yes
formats or through methods that ensure effective communication
with residents with disabilities including residents who: Have
limited reading skills?
Does the agency ensure that written materials are provided in yes
formats or through methods that ensure effective communication
with residents with disabilities including residents who: Who are
blind or have low vision?
115.316 Residents with disabilities and residents who are limited
(b) English proficient
Does the agency take reasonable steps to ensure meaningful yes
access to all aspects of the agency’s efforts to prevent, detect,
and respond to sexual abuse and sexual harassment to residents
who are limited English proficient?
Do these steps include providing interpreters who can interpret yes
effectively, accurately, and impartially, both receptively and
expressively, using any necessary specialized vocabulary?
115.316 Residents with disabilities and residents who are limited
(c) English proficient
Does the agency always refrain from relying on resident yes
interpreters, resident readers, or other types of resident assistants
except in limited circumstances where an extended delay in
obtaining an effective interpreter could compromise the resident’s
safety, the performance of first-response duties under §115.364,
or the investigation of the resident’s allegations?
115.317
Hiring and promotion decisions
(a)
Does the agency prohibit the hiring or promotion of anyone who yes
may have contact with residents who: Has engaged in sexual
abuse in a prison, jail, lockup, community confinement facility,
juvenile facility, or other institution (as defined in 42 U.S.C. 1997)?
Does the agency prohibit the hiring or promotion of anyone who yes
may have contact with residents who: Has been convicted of
engaging or attempting to engage in sexual activity in the
community facilitated by force, overt or implied threats of force, or
coercion, or if the victim did not consent or was unable to consent
or refuse?
Does the agency prohibit the hiring or promotion of anyone who yes
may have contact with residents who: Has been civilly or
administratively adjudicated to have engaged in the activity
described in the bullet immediately above?
Does the agency prohibit the enlistment of services of any yes
contractor who may have contact with residents who: Has
engaged in sexual abuse in a prison, jail, lockup, community
confinement facility, juvenile facility, or other institution (as
defined in 42 U.S.C. 1997)?
Does the agency prohibit the enlistment of services of any yes
contractor who may have contact with residents who: Has been
convicted of engaging or attempting to engage in sexual activity
in the community facilitated by force, overt or implied threats of
force, or coercion, or if the victim did not consent or was unable to
consent or refuse?
Does the agency prohibit the enlistment of services of any yes
contractor who may have contact with residents who: Has been
civilly or administratively adjudicated to have engaged in the
activity described in the two bullets immediately above?
115.317
Hiring and promotion decisions
(b)
Does the agency consider any incidents of sexual harassment in yes
determining whether to hire or promote anyone, or to enlist the
services of any contractor, who may have contact with residents?
115.317
Hiring and promotion decisions
(c)
Before hiring new employees who may have contact with yes
residents, does the agency: Perform a criminal background records
check?
Before hiring new employees who may have contact with yes
residents, does the agency: Consult any child abuse registry
maintained by the State or locality in which the employee would
work?
Before hiring new employees who may have contact with yes
residents, does the agency: Consistent with Federal, State, and
local law, make its best efforts to contact all prior institutional
employers for information on substantiated allegations of sexual
abuse or any resignation during a pending investigation of an
allegation of sexual abuse?
115.317
Hiring and promotion decisions
(d)
Does the agency perform a criminal background records check yes
before enlisting the services of any contractor who may have
contact with residents?
Does the agency consult applicable child abuse registries before yes
enlisting the services of any contractor who may have contact
with residents?
115.317
Hiring and promotion decisions
(e)
Does the agency either conduct criminal background records yes
checks at least every five years of current employees and
contractors who may have contact with residents or have in place
a system for otherwise capturing such information for current
employees?
115.317
Hiring and promotion decisions
(f)
Does the agency ask all applicants and employees who may have yes
contact with residents directly about previous misconduct
described in paragraph (a) of this section in written applications or
interviews for hiring or promotions?
Does the agency ask all applicants and employees who may have yes
contact with residents directly about previous misconduct
described in paragraph (a) of this section in any interviews or
written self-evaluations conducted as part of reviews of current
employees?
Does the agency impose upon employees a continuing affirmative yes
duty to disclose any such misconduct?
115.317
Hiring and promotion decisions
(g)
Does the agency consider material omissions regarding such yes
misconduct, or the provision of materially false information,
grounds for termination?
115.317
Hiring and promotion decisions
(h)
Unless prohibited by law, does the agency provide information on yes
substantiated allegations of sexual abuse or sexual harassment
involving a former employee upon receiving a request from an
institutional employer for whom such employee has applied to
work? (N/A if providing information on substantiated allegations of
sexual abuse or sexual harassment involving a former employee is
prohibited by law.)
115.318
Upgrades to facilities and technologies
(a)
If the agency designed or acquired any new facility or planned any na
substantial expansion or modification of existing facilities, did the
agency consider the effect of the design, acquisition, expansion,
or modification upon the agency’s ability to protect residents from
sexual abuse? (N/A if agency/facility has not acquired a new
facility or made a substantial expansion to existing facilities since
August 20, 2012, or since the last PREA audit, whichever is later.)
115.318
Upgrades to facilities and technologies
(b)
If the agency installed or updated a video monitoring system, na
electronic surveillance system, or other monitoring technology,
did the agency consider how such technology may enhance the
agency’s ability to protect residents from sexual abuse? (N/A if
agency/facility has not installed or updated a video monitoring
system, electronic surveillance system, or other monitoring
technology since August 20, 2012, or since the last PREA audit,
whichever is later.)
115.321
Evidence protocol and forensic medical examinations
(a)
If the agency is responsible for investigating allegations of sexual na
abuse, does the agency follow a uniform evidence protocol that
maximizes the potential for obtaining usable physical evidence for
administrative proceedings and criminal prosecutions? (N/A if the
agency/facility is not responsible for conducting any form of
criminal OR administrative sexual abuse investigations.)
115.321 Evidence protocol and forensic medical examinations
(b)
Is this protocol developmentally appropriate for youth? (N/A if the yes
agency/facility is not responsible for conducting any form of
criminal OR administrative sexual abuse investigations.)
Is this protocol, as appropriate, adapted from or otherwise based yes
on the most recent edition of the U.S. Department of Justice’s
Office on Violence Against Women publication, “A National Protocol
for Sexual Assault Medical Forensic Examinations, Adults/
Adolescents,” or similarly comprehensive and authoritative
protocols developed after 2011? (N/A if the agency/facility is not
responsible for conducting any form of criminal OR administrative
sexual abuse investigations. )
115.321
Evidence protocol and forensic medical examinations
(c)
Does the agency offer all residents who experience sexual abuse yes
access to forensic medical examinations, whether on-site or at an
outside facility, without financial cost, where evidentiarily or
medically appropriate?
Are such examinations performed by Sexual Assault Forensic yes
Examiners (SAFEs) or Sexual Assault Nurse Examiners (SANEs)
where possible?
If SAFEs or SANEs cannot be made available, is the examination yes
performed by other qualified medical practitioners (they must
have been specifically trained to conduct sexual assault forensic
exams)?
Has the agency documented its efforts to provide SAFEs or yes
SANEs?
115.321
Evidence protocol and forensic medical examinations
(d)
Does the agency attempt to make available to the victim a victim yes
advocate from a rape crisis center?
If a rape crisis center is not available to provide victim advocate yes
services, does the agency make available to provide these
services a qualified staff member from a community-based
organization, or a qualified agency staff member?
Has the agency documented its efforts to secure services from yes
rape crisis centers?
115.321 Evidence protocol and forensic medical examinations
(e)
As requested by the victim, does the victim advocate, qualified yes
agency staff member, or qualified community-based organization
staff member accompany and support the victim through the
forensic medical examination process and investigatory
interviews?
As requested by the victim, does this person provide emotional yes
support, crisis intervention, information, and referrals?
115.321
Evidence protocol and forensic medical examinations
(f)
If the agency itself is not responsible for investigating allegations na
of sexual abuse, has the agency requested that the investigating
entity follow the requirements of paragraphs (a) through (e) of this
section? (N/A if the agency is responsible for investigating
allegations of sexual abuse.)
115.321
Evidence protocol and forensic medical examinations
(h)
If the agency uses a qualified agency staff member or a qualified na
community-based staff member for the purposes of this section,
has the individual been screened for appropriateness to serve in
this role and received education concerning sexual assault and
forensic examination issues in general? (Check N/A if agency
attempts to make a victim advocate from a rape crisis center
available to victims per 115.321(d) above.)
115.322
Policies to ensure referrals of allegations for investigations
(a)
Does the agency ensure an administrative or criminal yes
investigation is completed for all allegations of sexual abuse?
Does the agency ensure an administrative or criminal yes
investigation is completed for all allegations of sexual
harassment?
115.322
Policies to ensure referrals of allegations for investigations
(b)
Does the agency have a policy in place to ensure that allegations yes
of sexual abuse or sexual harassment are referred for
investigation to an agency with the legal authority to conduct
criminal investigations, unless the allegation does not involve
potentially criminal behavior?
Has the agency published such policy on its website or, if it does yes
not have one, made the policy available through other means?
Does the agency document all such referrals? yes
115.322
Policies to ensure referrals of allegations for investigations
(c)
If a separate entity is responsible for conducting criminal yes
investigations, does such publication describe the responsibilities
of both the agency and the investigating entity? (N/A if the
agency/facility is responsible for criminal investigations. See
115.321(a))
115.331
Employee training
(a)
Does the agency train all employees who may have contact with yes
residents on: Its zero-tolerance policy for sexual abuse and sexual
harassment?
Does the agency train all employees who may have contact with yes
residents on: How to fulfill their responsibilities under agency
sexual abuse and sexual harassment prevention, detection,
reporting, and response policies and procedures?
Does the agency train all employees who may have contact with yes
residents on: Residents’ right to be free from sexual abuse and
sexual harassment
Does the agency train all employees who may have contact with yes
residents on: The right of residents and employees to be free from
retaliation for reporting sexual abuse and sexual harassment?
Does the agency train all employees who may have contact with yes
residents on: The dynamics of sexual abuse and sexual
harassment in juvenile facilities?
Does the agency train all employees who may have contact with yes
residents on: The common reactions of juvenile victims of sexual
abuse and sexual harassment?
Does the agency train all employees who may have contact with yes
residents on: How to detect and respond to signs of threatened
and actual sexual abuse and how to distinguish between
consensual sexual contact and sexual abuse between residents?
Does the agency train all employees who may have contact with yes
residents on: How to avoid inappropriate relationships with
residents?
The subsection of this provision is no longer applicable to your na
compliance finding, please select N/A.
Does the agency train all employees who may have contact with yes
residents on: How to comply with relevant laws related to
mandatory reporting of sexual abuse to outside authorities?
Does the agency train all employees who may have contact with yes
residents on: Relevant laws regarding the applicable age of
consent?
115.331
Employee training
(b)
Is such training tailored to the unique needs and attributes of yes
residents of juvenile facilities?
Is such training tailored to the gender of the residents at the yes
employee’s facility?
Have employees received additional training if reassigned from a yes
facility that houses only male residents to a facility that houses
only female residents, or vice versa?
115.331
Employee training
(c)
Have all current employees who may have contact with residents yes
received such training?
Does the agency provide each employee with refresher training yes
every two years to ensure that all employees know the agency’s
current sexual abuse and sexual harassment policies and
procedures?
In years in which an employee does not receive refresher training, yes
does the agency provide refresher information on current sexual
abuse and sexual harassment policies?
115.331
Employee training
(d)
Does the agency document, through employee signature or yes
electronic verification, that employees understand the training
they have received?
115.332
Volunteer and contractor training
(a)
Has the agency ensured that all volunteers and contractors who yes
have contact with residents have been trained on their
responsibilities under the agency’s sexual abuse and sexual
harassment prevention, detection, and response policies and
procedures?
115.332
Volunteer and contractor training
(b)
Have all volunteers and contractors who have contact with yes
residents been notified of the agency’s zero-tolerance policy
regarding sexual abuse and sexual harassment and informed how
to report such incidents (the level and type of training provided to
volunteers and contractors shall be based on the services they
provide and level of contact they have with residents)?
115.332
Volunteer and contractor training
(c)
Does the agency maintain documentation confirming that yes
volunteers and contractors understand the training they have
received?
115.333
Resident education
(a)
During intake, do residents receive information explaining the yes
agency’s zero-tolerance policy regarding sexual abuse and sexual
harassment?
During intake, do residents receive information explaining how to yes
report incidents or suspicions of sexual abuse or sexual
harassment?
Is this information presented in an age-appropriate fashion? yes
115.333
Resident education
(b)
Within 10 days of intake, does the agency provide age-appropriate yes
comprehensive education to residents either in person or through
video regarding: Their rights to be free from sexual abuse and
sexual harassment?
Within 10 days of intake, does the agency provide age-appropriate yes
comprehensive education to residents either in person or through
video regarding: Their rights to be free from retaliation for
reporting such incidents?
Within 10 days of intake, does the agency provide age-appropriate yes
comprehensive education to residents either in person or through
video regarding: Agency policies and procedures for responding to
such incidents?
115.333
Resident education
(c)
Have all residents received such education? yes
Do residents receive education upon transfer to a different facility yes
to the extent that the policies and procedures of the resident’s
new facility differ from those of the previous facility?
115.333
Resident education
(d)
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are limited English proficient?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are deaf?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are visually impaired?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Are otherwise disabled?
Does the agency provide resident education in formats accessible yes
to all residents including those who: Have limited reading skills?
115.333
Resident education
(e)
Does the agency maintain documentation of resident participation yes
in these education sessions?
115.333
Resident education
(f)
In addition to providing such education, does the agency ensure yes
that key information is continuously and readily available or visible
to residents through posters, resident handbooks, or other written
formats?
115.334
Specialized training: Investigations
(a)
In addition to the general training provided to all employees na
pursuant to §115.331, does the agency ensure that, to the extent
the agency itself conducts sexual abuse investigations, its
investigators have received training in conducting such
investigations in confinement settings? (N/A if the agency does
not conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).)
115.334
Specialized training: Investigations
(b)
Does this specialized training include: Techniques for interviewing na
juvenile sexual abuse victims? (N/A if the agency does not conduct
any form of administrative or criminal sexual abuse investigations.
See 115.321(a).)
Does this specialized training include: Proper use of Miranda and na
Garrity warnings? (N/A if the agency does not conduct any form of
administrative or criminal sexual abuse investigations. See
115.321(a).)
Does this specialized training include: Sexual abuse evidence na
collection in confinement settings? (N/A if the agency does not
conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).)
Does this specialized training include: The criteria and evidence na
required to substantiate a case for administrative action or
prosecution referral? (N/A if the agency does not conduct any form
of administrative or criminal sexual abuse investigations. See
115.321(a).)
115.334
Specialized training: Investigations
(c)
Does the agency maintain documentation that agency na
investigators have completed the required specialized training in
conducting sexual abuse investigations? (N/A if the agency does
not conduct any form of administrative or criminal sexual abuse
investigations. See 115.321(a).)
115.335
Specialized training: Medical and mental health care
(a)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How to detect and assess signs of sexual
abuse and sexual harassment? (N/A if the agency does not have
any full- or part-time medical or mental health care practitioners
who work regularly in its facilities.)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How to preserve physical evidence of sexual
abuse? (N/A if the agency does not have any full- or part-time
medical or mental health care practitioners who work regularly in
its facilities.)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How to respond effectively and
professionally to juvenile victims of sexual abuse and sexual
harassment? (N/A if the agency does not have any full- or part-
time medical or mental health care practitioners who work
regularly in its facilities.)
Does the agency ensure that all full- and part-time medical and yes
mental health care practitioners who work regularly in its facilities
have been trained in: How and to whom to report allegations or
suspicions of sexual abuse and sexual harassment? (N/A if the
agency does not have any full- or part-time medical or mental
health care practitioners who work regularly in its facilities.)
115.335
Specialized training: Medical and mental health care
(b)
If medical staff employed by the agency conduct forensic na
examinations, do such medical staff receive appropriate training
to conduct such examinations? (N/A if agency medical staff at the
facility do not conduct forensic exams or the agency does not
employ medical staff.)
115.335
Specialized training: Medical and mental health care
(c)
Does the agency maintain documentation that medical and yes
mental health practitioners have received the training referenced
in this standard either from the agency or elsewhere? (N/A if the
agency does not have any full- or part-time medical or mental
health care practitioners who work regularly in its facilities.)
115.335
Specialized training: Medical and mental health care
(d)
Do medical and mental health care practitioners employed by the yes
agency also receive training mandated for employees by
§115.331? (N/A if the agency does not have any full- or part-time
medical or mental health care practitioners who work regularly in
its facilities.)
Do medical and mental health care practitioners contracted by yes
and volunteering for the agency also receive training mandated
for contractors and volunteers by §115.332? (N/A if the agency
does not have any full- or part-time medical or mental health care
practitioners contracted by or volunteering for the agency.)
115.341
Obtaining information from residents
(a)
Within 72 hours of the resident’s arrival at the facility, does the yes
agency obtain and use information about each resident’s personal
history and behavior to reduce risk of sexual abuse by or upon a
resident?
Does the agency also obtain this information periodically yes
throughout a resident’s confinement?
115.341
Obtaining information from residents
(b)
Are all PREA screening assessments conducted using an objective yes
screening instrument?
115.341
Obtaining information from residents
(c)
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Prior sexual
victimization or abusiveness?
The subsection of this provision is no longer applicable to your na
compliance finding, please select N/A.
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Current
charges and offense history?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Age?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Level of
emotional and cognitive development?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Physical size
and stature?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Mental illness
or mental disabilities?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Intellectual or
developmental disabilities?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Physical
disabilities?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: The resident’s
own perception of vulnerability?
During these PREA screening assessments, at a minimum, does yes
the agency attempt to ascertain information about: Any other
specific information about individual residents that may indicate
heightened needs for supervision, additional safety precautions, or
separation from certain other residents?
115.341
Obtaining information from residents
(d)
Is this information ascertained: Through conversations with the yes
resident during the intake process and medical mental health
screenings?
Is this information ascertained: During classification assessments? yes
Is this information ascertained: By reviewing court records, case yes
files, facility behavioral records, and other relevant documentation
from the resident’s files?
115.341
Obtaining information from residents
(e)
Has the agency implemented appropriate controls on the yes
dissemination within the facility of responses to questions asked
pursuant to this standard in order to ensure that sensitive
information is not exploited to the resident’s detriment by staff or
other residents?
115.342
Placement of residents
(a)
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Housing Assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Bed assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Work Assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Education
Assignments?
Does the agency use all of the information obtained pursuant to § yes
115.341 and subsequently, with the goal of keeping all residents
safe and free from sexual abuse, to make: Program Assignments?
115.342
Placement of residents
(b)
Are residents isolated from others only as a last resort when less yes
restrictive measures are inadequate to keep them and other
residents safe, and then only until an alternative means of
keeping all residents safe can be arranged?
During any period of isolation, does the agency always refrain yes
from denying residents daily large-muscle exercise?
During any period of isolation, does the agency always refrain yes
from denying residents any legally required educational
programming or special education services?
Do residents in isolation receive daily visits from a medical or yes
mental health care clinician?
Do residents also have access to other programs and work yes
opportunities to the extent possible?
115.342
Placement of residents
(c)
This provision is no longer applicable to your compliance finding, na
please select N/A.
This provision is no longer applicable to your compliance finding, na
please select N/A.
This provision is no longer applicable to your compliance finding, na
please select N/A.
This provision is no longer applicable to your compliance finding, na
please select N/A.
115.342
Placement of residents
(d)
This provision is no longer applicable to your compliance finding, na
please select N/A.
This provision is no longer applicable to your compliance finding, na
please select N/A.
115.342
Placement of residents
(e)
This provision is no longer applicable to your compliance finding, na
please select N/A.
115.342
Placement of residents
(f)
This provision is no longer applicable to your compliance finding, na
please select N/A.
115.342
Placement of residents
(g)
This provision is no longer applicable to your compliance finding, na
please select N/A.
115.342
Placement of residents
(h)
If a resident is isolated pursuant to paragraph (b) of this section, yes
does the facility clearly document: The basis for the facility’s
concern for the resident’s safety? (N/A for h and i if facility doesn’t
use isolation?)
If a resident is isolated pursuant to paragraph (b) of this section, yes
does the facility clearly document: The reason why no alternative
means of separation can be arranged? (N/A for h and i if facility
doesn’t use isolation?)
115.342
Placement of residents
(i)
In the case of each resident who is isolated as a last resort when yes
less restrictive measures are inadequate to keep them and other
residents safe, does the facility afford a review to determine
whether there is a continuing need for separation from the general
population EVERY 30 DAYS?
115.351 Resident reporting
(a)
Does the agency provide multiple internal ways for residents to yes
privately report: Sexual abuse and sexual harassment?
Does the agency provide multiple internal ways for residents to yes
privately report: 2. Retaliation by other residents or staff for
reporting sexual abuse and sexual harassment?
Does the agency provide multiple internal ways for residents to yes
privately report: Staff neglect or violation of responsibilities that
may have contributed to such incidents?
115.351
Resident reporting
(b)
Does the agency also provide at least one way for residents to yes
report sexual abuse or sexual harassment to a public or private
entity or office that is not part of the agency?
Is that private entity or office able to receive and immediately yes
forward resident reports of sexual abuse and sexual harassment to
agency officials?
Does that private entity or office allow the resident to remain yes
anonymous upon request?
Are residents detained solely for civil immigration purposes yes
provided information on how to contact relevant consular officials
and relevant officials at the Department of Homeland Security to
report sexual abuse or harassment?
115.351
Resident reporting
(c)
Do staff members accept reports of sexual abuse and sexual yes
harassment made verbally, in writing, anonymously, and from
third parties?
Do staff members promptly document any verbal reports of sexual yes
abuse and sexual harassment?
115.351
Resident reporting
(d)
Does the facility provide residents with access to tools necessary yes
to make a written report?
115.351
Resident reporting
(e)
Does the agency provide a method for staff to privately report yes
sexual abuse and sexual harassment of residents?
115.352
Exhaustion of administrative remedies
(a)
Is the agency exempt from this standard? yes
NOTE: The agency is exempt ONLY if it does not have
administrative procedures to address resident grievances
regarding sexual abuse. This does not mean the agency is exempt
simply because a resident does not have to or is not ordinarily
expected to submit a grievance to report sexual abuse. This
means that as a matter of explicit policy, the agency does not
have an administrative remedies process to address sexual abuse.
115.352
Exhaustion of administrative remedies
(b)
Does the agency permit residents to submit a grievance regarding na
an allegation of sexual abuse without any type of time limits? (The
agency may apply otherwise-applicable time limits to any portion
of a grievance that does not allege an incident of sexual abuse.)
(N/A if agency is exempt from this standard.)
Does the agency always refrain from requiring an resident to use na
any informal grievance process, or to otherwise attempt to resolve
with staff, an alleged incident of sexual abuse? (N/A if agency is
exempt from this standard.)
115.352
Exhaustion of administrative remedies
(c)
Does the agency ensure that: A resident who alleges sexual abuse na
may submit a grievance without submitting it to a staff member
who is the subject of the complaint? (N/A if agency is exempt from
this standard.)
Does the agency ensure that: Such grievance is not referred to a na
staff member who is the subject of the complaint? (N/A if agency
is exempt from this standard.)
115.352
Exhaustion of administrative remedies
(d)
Does the agency issue a final agency decision on the merits of any na
portion of a grievance alleging sexual abuse within 90 days of the
initial filing of the grievance? (Computation of the 90-day time
period does not include time consumed by residents in preparing
any administrative appeal.) (N/A if agency is exempt from this
standard.)
If the agency determines that the 90 day timeframe is insufficient na
to make an appropriate decision and claims an extension of time
(the maximum allowable extension of time to respond is 70 days
per 115.352(d)(3)) , does the agency notify the resident in writing
of any such extension and provide a date by which a decision will
be made? (N/A if agency is exempt from this standard.)
At any level of the administrative process, including the final level, na
if the resident does not receive a response within the time allotted
for reply, including any properly noticed extension, may a resident
consider the absence of a response to be a denial at that level?
(N/A if agency is exempt from this standard.)
115.352
Exhaustion of administrative remedies
(e)
Are third parties, including fellow residents, staff members, family na
members, attorneys, and outside advocates, permitted to assist
residents in filing requests for administrative remedies relating to
allegations of sexual abuse? (N/A if agency is exempt from this
standard.)
Are those third parties also permitted to file such requests on na
behalf of residents? (If a third party, other than a parent or legal
guardian, files such a request on behalf of a resident, the facility
may require as a condition of processing the request that the
alleged victim agree to have the request filed on his or her behalf,
and may also require the alleged victim to personally pursue any
subsequent steps in the administrative remedy process.) (N/A if
agency is exempt from this standard.)
If the resident declines to have the request processed on his or na
her behalf, does the agency document the resident’s decision?
(N/A if agency is exempt from this standard.)
Is a parent or legal guardian of a juvenile allowed to file a na
grievance regarding allegations of sexual abuse, including
appeals, on behalf of such juvenile? (N/A if agency is exempt from
this standard.)
If a parent or legal guardian of a juvenile files a grievance (or an na
appeal) on behalf of a juvenile regarding allegations of sexual
abuse, is it the case that those grievances are not conditioned
upon the juvenile agreeing to have the request filed on his or her
behalf? (N/A if agency is exempt from this standard.)
115.352 Exhaustion of administrative remedies
(f)
Has the agency established procedures for the filing of an na
emergency grievance alleging that a resident is subject to a
substantial risk of imminent sexual abuse? (N/A if agency is
exempt from this standard.)
After receiving an emergency grievance alleging a resident is na
subject to a substantial risk of imminent sexual abuse, does the
agency immediately forward the grievance (or any portion thereof
that alleges the substantial risk of imminent sexual abuse) to a
level of review at which immediate corrective action may be
taken? (N/A if agency is exempt from this standard.)
After receiving an emergency grievance described above, does na
the agency provide an initial response within 48 hours? (N/A if
agency is exempt from this standard.)
After receiving an emergency grievance described above, does na
the agency issue a final agency decision within 5 calendar days?
(N/A if agency is exempt from this standard.)
Does the initial response and final agency decision document the na
agency’s determination whether the resident is in substantial risk
of imminent sexual abuse? (N/A if agency is exempt from this
standard.)
Does the initial response document the agency’s action(s) taken in na
response to the emergency grievance? (N/A if agency is exempt
from this standard.)
Does the agency’s final decision document the agency’s action(s) na
taken in response to the emergency grievance? (N/A if agency is
exempt from this standard.)
115.352
Exhaustion of administrative remedies
(g)
If the agency disciplines a resident for filing a grievance related to na
alleged sexual abuse, does it do so ONLY where the agency
demonstrates that the resident filed the grievance in bad faith?
(N/A if agency is exempt from this standard.)
115.353 Resident access to outside confidential support services and
(a) legal representation
Does the facility provide residents with access to outside victim yes
advocates for emotional support services related to sexual abuse
by providing, posting, or otherwise making accessible mailing
addresses and telephone numbers, including toll-free hotline
numbers where available, of local, State, or national victim
advocacy or rape crisis organizations?
Does the facility provide persons detained solely for civil yes
immigration purposes mailing addresses and telephone numbers,
including toll-free hotline numbers where available of local, State,
or national immigrant services agencies?
Does the facility enable reasonable communication between yes
residents and these organizations and agencies, in as confidential
a manner as possible?
115.353 Resident access to outside confidential support services and
(b) legal representation
Does the facility inform residents, prior to giving them access, of yes
the extent to which such communications will be monitored and
the extent to which reports of abuse will be forwarded to
authorities in accordance with mandatory reporting laws?
115.353 Resident access to outside confidential support services and
(c) legal representation
Does the agency maintain or attempt to enter into memoranda of yes
understanding or other agreements with community service
providers that are able to provide residents with confidential
emotional support services related to sexual abuse?
Does the agency maintain copies of agreements or documentation yes
showing attempts to enter into such agreements?
115.353 Resident access to outside confidential support services and
(d) legal representation
Does the facility provide residents with reasonable and yes
confidential access to their attorneys or other legal
representation?
Does the facility provide residents with reasonable access to yes
parents or legal guardians?
115.354
Third-party reporting
(a)
Has the agency established a method to receive third-party yes
reports of sexual abuse and sexual harassment?
Has the agency distributed publicly information on how to report yes
sexual abuse and sexual harassment on behalf of a resident?
115.361
Staff and agency reporting duties
(a)
Does the agency require all staff to report immediately and yes
according to agency policy any knowledge, suspicion, or
information they receive regarding an incident of sexual abuse or
sexual harassment that occurred in a facility, whether or not it is
part of the agency?
Does the agency require all staff to report immediately and yes
according to agency policy any knowledge, suspicion, or
information they receive regarding retaliation against residents or
staff who reported an incident of sexual abuse or sexual
harassment?
Does the agency require all staff to report immediately and yes
according to agency policy any knowledge, suspicion, or
information they receive regarding any staff neglect or violation of
responsibilities that may have contributed to an incident of sexual
abuse or sexual harassment or retaliation?
115.361
Staff and agency reporting duties
(b)
Does the agency require all staff to comply with any applicable yes
mandatory child abuse reporting laws?
115.361
Staff and agency reporting duties
(c)
Apart from reporting to designated supervisors or officials and yes
designated State or local services agencies, are staff prohibited
from revealing any information related to a sexual abuse report to
anyone other than to the extent necessary, as specified in agency
policy, to make treatment, investigation, and other security and
management decisions?
115.361
Staff and agency reporting duties
(d)
Are medical and mental health practitioners required to report yes
sexual abuse to designated supervisors and officials pursuant to
paragraph (a) of this section as well as to the designated State or
local services agency where required by mandatory reporting
laws?
Are medical and mental health practitioners required to inform yes
residents of their duty to report, and the limitations of
confidentiality, at the initiation of services?
115.361
Staff and agency reporting duties
(e)
Upon receiving any allegation of sexual abuse, does the facility yes
head or his or her designee promptly report the allegation to the
appropriate office?
Upon receiving any allegation of sexual abuse, does the facility yes
head or his or her designee promptly report the allegation to the
alleged victim’s parents or legal guardians unless the facility has
official documentation showing the parents or legal guardians
should not be notified?
If the alleged victim is under the guardianship of the child welfare yes
system, does the facility head or his or her designee promptly
report the allegation to the alleged victim’s caseworker instead of
the parents or legal guardians? (N/A if the alleged victim is not
under the guardianship of the child welfare system.)
If a juvenile court retains jurisdiction over the alleged victim, does yes
the facility head or designee also report the allegation to the
juvenile’s attorney or other legal representative of record within
14 days of receiving the allegation?
115.361
Staff and agency reporting duties
(f)
Does the facility report all allegations of sexual abuse and sexual yes
harassment, including third-party and anonymous reports, to the
facility’s designated investigators?
115.362
Agency protection duties
(a)
When the agency learns that a resident is subject to a substantial yes
risk of imminent sexual abuse, does it take immediate action to
protect the resident?
115.363
Reporting to other confinement facilities
(a)
Upon receiving an allegation that a resident was sexually abused yes
while confined at another facility, does the head of the facility that
received the allegation notify the head of the facility or
appropriate office of the agency where the alleged abuse
occurred?
Does the head of the facility that received the allegation also yes
notify the appropriate investigative agency?
115.363
Reporting to other confinement facilities
(b)
Is such notification provided as soon as possible, but no later than yes
72 hours after receiving the allegation?
115.363
Reporting to other confinement facilities
(c)
Does the agency document that it has provided such notification? yes
115.363
Reporting to other confinement facilities
(d)
Does the facility head or agency office that receives such yes
notification ensure that the allegation is investigated in
accordance with these standards?
115.364
Staff first responder duties
(a)
Upon learning of an allegation that a resident was sexually yes
abused, is the first security staff member to respond to the report
required to: Separate the alleged victim and abuser?
Upon learning of an allegation that a resident was sexually yes
abused, is the first security staff member to respond to the report
required to: Preserve and protect any crime scene until
appropriate steps can be taken to collect any evidence?
Upon learning of an allegation that a resident was sexually yes
abused, is the first security staff member to respond to the report
required to: Request that the alleged victim not take any actions
that could destroy physical evidence, including, as appropriate,
washing, brushing teeth, changing clothes, urinating, defecating,
smoking, drinking, or eating, if the abuse occurred within a time
period that still allows for the collection of physical evidence?
Upon learning of an allegation that a resident was sexually yes
abused, is the first security staff member to respond to the report
required to: Ensure that the alleged abuser does not take any
actions that could destroy physical evidence, including, as
appropriate, washing, brushing teeth, changing clothes, urinating,
defecating, smoking, drinking, or eating, if the abuse occurred
within a time period that still allows for the collection of physical
evidence?
115.364
Staff first responder duties
(b)
If the first staff responder is not a security staff member, is the yes
responder required to request that the alleged victim not take any
actions that could destroy physical evidence, and then notify
security staff?
115.365
Coordinated response
(a)
Has the facility developed a written institutional plan to coordinate yes
actions among staff first responders, medical and mental health
practitioners, investigators, and facility leadership taken in
response to an incident of sexual abuse?
115.366 Preservation of ability to protect residents from contact with
(a) abusers
Are both the agency and any other governmental entities yes
responsible for collective bargaining on the agency’s behalf
prohibited from entering into or renewing any collective
bargaining agreement or other agreement that limits the agency’s
ability to remove alleged staff sexual abusers from contact with
any residents pending the outcome of an investigation or of a
determination of whether and to what extent discipline is
warranted?
115.367
Agency protection against retaliation
(a)
Has the agency established a policy to protect all residents and yes
staff who report sexual abuse or sexual harassment or cooperate
with sexual abuse or sexual harassment investigations from
retaliation by other residents or staff?
Has the agency designated which staff members or departments yes
are charged with monitoring retaliation?
115.367
Agency protection against retaliation
(b)
Does the agency employ multiple protection measures for yes
residents or staff who fear retaliation for reporting sexual abuse or
sexual harassment or for cooperating with investigations, such as
housing changes or transfers for resident victims or abusers,
removal of alleged staff or resident abusers from contact with
victims, and emotional support services?
115.367
Agency protection against retaliation
(c)
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor the conduct and
treatment of residents or staff who reported the sexual abuse to
see if there are changes that may suggest possible retaliation by
residents or staff?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor the conduct and
treatment of residents who were reported to have suffered sexual
abuse to see if there are changes that may suggest possible
retaliation by residents or staff?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Act promptly to remedy any
such retaliation?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Any resident
disciplinary reports?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Resident housing
changes?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Resident program
changes?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Negative performance
reviews of staff?
Except in instances where the agency determines that a report of yes
sexual abuse is unfounded, for at least 90 days following a report
of sexual abuse, does the agency: Monitor: Reassignments of
staff?
Does the agency continue such monitoring beyond 90 days if the yes
initial monitoring indicates a continuing need?
115.367
Agency protection against retaliation
(d)
In the case of residents, does such monitoring also include yes
periodic status checks?
115.367
Agency protection against retaliation
(e)
If any other individual who cooperates with an investigation yes
expresses a fear of retaliation, does the agency take appropriate
measures to protect that individual against retaliation?
115.368
Post-allegation protective custody
(a)
Is any and all use of segregated housing to protect a resident who yes
is alleged to have suffered sexual abuse subject to the
requirements of § 115.342?
115.371
Criminal and administrative agency investigations
(a)
When the agency conducts its own investigations into allegations yes
of sexual abuse and sexual harassment, does it do so promptly,
thoroughly, and objectively? (N/A if the agency does not conduct
any form of administrative or criminal investigations of sexual
abuse or harassment. See 115.321(a).)
Does the agency conduct such investigations for all allegations, yes
including third party and anonymous reports? (N/A if the agency
does not conduct any form of administrative or criminal
investigations of sexual abuse or harassment. See 115.321(a).)
115.371
Criminal and administrative agency investigations
(b)
Where sexual abuse is alleged, does the agency use investigators yes
who have received specialized training in sexual abuse
investigations involving juvenile victims as required by 115.334?
115.371
Criminal and administrative agency investigations
(c)
Do investigators gather and preserve direct and circumstantial yes
evidence, including any available physical and DNA evidence and
any available electronic monitoring data?
Do investigators interview alleged victims, suspected yes
perpetrators, and witnesses?
Do investigators review prior reports and complaints of sexual yes
abuse involving the suspected perpetrator?
115.371
Criminal and administrative agency investigations
(d)
Does the agency always refrain from terminating an investigation yes
solely because the source of the allegation recants the allegation?
115.371
Criminal and administrative agency investigations
(e)
When the quality of evidence appears to support criminal yes
prosecution, does the agency conduct compelled interviews only
after consulting with prosecutors as to whether compelled
interviews may be an obstacle for subsequent criminal
prosecution?
115.371
Criminal and administrative agency investigations
(f)
Do agency investigators assess the credibility of an alleged victim, yes
suspect, or witness on an individual basis and not on the basis of
that individual’s status as resident or staff?
Does the agency investigate allegations of sexual abuse without yes
requiring a resident who alleges sexual abuse to submit to a
polygraph examination or other truth-telling device as a condition
for proceeding?
115.371
Criminal and administrative agency investigations
(g)
Do administrative investigations include an effort to determine yes
whether staff actions or failures to act contributed to the abuse?
Are administrative investigations documented in written reports yes
that include a description of the physical evidence and testimonial
evidence, the reasoning behind credibility assessments, and
investigative facts and findings?
115.371
Criminal and administrative agency investigations
(h)
Are criminal investigations documented in a written report that yes
contains a thorough description of the physical, testimonial, and
documentary evidence and attaches copies of all documentary
evidence where feasible?
115.371
Criminal and administrative agency investigations
(i)
Are all substantiated allegations of conduct that appears to be yes
criminal referred for prosecution?
115.371
Criminal and administrative agency investigations
(j)
Does the agency retain all written reports referenced in yes
115.371(g) and (h) for as long as the alleged abuser is
incarcerated or employed by the agency, plus five years unless
the abuse was committed by a juvenile resident and applicable
law requires a shorter period of retention?
115.371
Criminal and administrative agency investigations
(k)
Does the agency ensure that the departure of an alleged abuser yes
or victim from the employment or control of the facility or agency
does not provide a basis for terminating an investigation?
115.371
Criminal and administrative agency investigations
(m)
When an outside entity investigates sexual abuse, does the facility yes
cooperate with outside investigators and endeavor to remain
informed about the progress of the investigation? (N/A if an
outside agency does not conduct administrative or criminal sexual
abuse investigations. See 115.321(a).)
115.372
Evidentiary standard for administrative investigations
(a)
Is it true that the agency does not impose a standard higher than yes
a preponderance of the evidence in determining whether
allegations of sexual abuse or sexual harassment are
substantiated?
115.373
Reporting to residents
(a)
Following an investigation into a resident’s allegation of sexual yes
abuse suffered in the facility, does the agency inform the resident
as to whether the allegation has been determined to be
substantiated, unsubstantiated, or unfounded?
115.373
Reporting to residents
(b)
If the agency did not conduct the investigation into a resident’s yes
allegation of sexual abuse in an agency facility, does the agency
request the relevant information from the investigative agency in
order to inform the resident? (N/A if the agency/facility is
responsible for conducting administrative and criminal
investigations.)
115.373
Reporting to residents
(c)
Following a resident’s allegation that a staff member has yes
committed sexual abuse against the resident, unless the agency
has determined that the allegation is unfounded or unless the
resident has been released from custody, does the agency
subsequently inform the resident whenever: The staff member is
no longer posted within the resident’s unit?
Following a resident’s allegation that a staff member has yes
committed sexual abuse against the resident, unless the agency
has determined that the allegation is unfounded or unless the
resident has been released from custody, does the agency
subsequently inform the resident whenever: The staff member is
no longer employed at the facility?
Following a resident’s allegation that a staff member has yes
committed sexual abuse against the resident, unless the agency
has determined that the allegation is unfounded or unless the
resident has been released from custody, does the agency
subsequently inform the resident whenever: The agency learns
that the staff member has been indicted on a charge related to
sexual abuse in the facility?
Following a resident’s allegation that a staff member has yes
committed sexual abuse against the resident, unless the agency
has determined that the allegation is unfounded or unless the
resident has been released from custody, does the agency
subsequently inform the resident whenever: The agency learns
that the staff member has been convicted on a charge related to
sexual abuse within the facility?
115.373
Reporting to residents
(d)
Following a resident’s allegation that he or she has been sexually yes
abused by another resident, does the agency subsequently inform
the alleged victim whenever: The agency learns that the alleged
abuser has been indicted on a charge related to sexual abuse
within the facility?
Following a resident’s allegation that he or she has been sexually yes
abused by another resident, does the agency subsequently inform
the alleged victim whenever: The agency learns that the alleged
abuser has been convicted on a charge related to sexual abuse
within the facility?
115.373
Reporting to residents
(e)
Does the agency document all such notifications or attempted yes
notifications?
115.376
Disciplinary sanctions for staff
(a)
Are staff subject to disciplinary sanctions up to and including yes
termination for violating agency sexual abuse or sexual
harassment policies?
115.376
Disciplinary sanctions for staff
(b)
Is termination the presumptive disciplinary sanction for staff who yes
have engaged in sexual abuse?
115.376
Disciplinary sanctions for staff
(c)
Are disciplinary sanctions for violations of agency policies relating yes
to sexual abuse or sexual harassment (other than actually
engaging in sexual abuse) commensurate with the nature and
circumstances of the acts committed, the staff member’s
disciplinary history, and the sanctions imposed for comparable
offenses by other staff with similar histories?
115.376
Disciplinary sanctions for staff
(d)
Are all terminations for violations of agency sexual abuse or yes
sexual harassment policies, or resignations by staff who would
have been terminated if not for their resignation, reported to: Law
enforcement agencies, unless the activity was clearly not
criminal?
Are all terminations for violations of agency sexual abuse or yes
sexual harassment policies, or resignations by staff who would
have been terminated if not for their resignation, reported to:
Relevant licensing bodies?
115.377
Corrective action for contractors and volunteers
(a)
Is any contractor or volunteer who engages in sexual abuse yes
prohibited from contact with residents?
Is any contractor or volunteer who engages in sexual abuse yes
reported to: Law enforcement agencies (unless the activity was
clearly not criminal)?
Is any contractor or volunteer who engages in sexual abuse yes
reported to: Relevant licensing bodies?
115.377
Corrective action for contractors and volunteers
(b)
In the case of any other violation of agency sexual abuse or sexual yes
harassment policies by a contractor or volunteer, does the facility
take appropriate remedial measures, and consider whether to
prohibit further contact with residents?
115.378
Interventions and disciplinary sanctions for residents
(a)
Following an administrative finding that a resident engaged in yes
resident-on-resident sexual abuse, or following a criminal finding
of guilt for resident-on-resident sexual abuse, may residents be
subject to disciplinary sanctions only pursuant to a formal
disciplinary process?
115.378
Interventions and disciplinary sanctions for residents
(b)
Are disciplinary sanctions commensurate with the nature and yes
circumstances of the abuse committed, the resident’s disciplinary
history, and the sanctions imposed for comparable offenses by
other residents with similar histories?
In the event a disciplinary sanction results in the isolation of a yes
resident, does the agency ensure the resident is not denied daily
large-muscle exercise?
In the event a disciplinary sanction results in the isolation of a yes
resident, does the agency ensure the resident is not denied access
to any legally required educational programming or special
education services?
In the event a disciplinary sanction results in the isolation of a yes
resident, does the agency ensure the resident receives daily visits
from a medical or mental health care clinician?
In the event a disciplinary sanction results in the isolation of a yes
resident, does the resident also have access to other programs
and work opportunities to the extent possible?
115.378 Interventions and disciplinary sanctions for residents
(c)
When determining what types of sanction, if any, should be yes
imposed, does the disciplinary process consider whether a
resident’s mental disabilities or mental illness contributed to his or
her behavior?
115.378
Interventions and disciplinary sanctions for residents
(d)
If the facility offers therapy, counseling, or other interventions yes
designed to address and correct underlying reasons or motivations
for the abuse, does the facility consider whether to offer the
offending resident participation in such interventions?
If the agency requires participation in such interventions as a yes
condition of access to any rewards-based behavior management
system or other behavior-based incentives, does it always refrain
from requiring such participation as a condition to accessing
general programming or education?
115.378
Interventions and disciplinary sanctions for residents
(e)
Does the agency discipline a resident for sexual contact with staff yes
only upon a finding that the staff member did not consent to such
contact?
115.378
Interventions and disciplinary sanctions for residents
(f)
For the purpose of disciplinary action, does a report of sexual yes
abuse made in good faith based upon a reasonable belief that the
alleged conduct occurred NOT constitute falsely reporting an
incident or lying, even if an investigation does not establish
evidence sufficient to substantiate the allegation?
115.378
Interventions and disciplinary sanctions for residents
(g)
Does the agency always refrain from considering non-coercive yes
sexual activity between residents to be sexual abuse? (N/A if the
agency does not prohibit all sexual activity between residents.)
115.381
Medical and mental health screenings; history of sexual abuse
(a)
If the screening pursuant to § 115.341 indicates that a resident yes
has experienced prior sexual victimization, whether it occurred in
an institutional setting or in the community, do staff ensure that
the resident is offered a follow-up meeting with a medical or
mental health practitioner within 14 days of the intake screening?
115.381
Medical and mental health screenings; history of sexual abuse
(b)
If the screening pursuant to § 115.341 indicates that a resident yes
has previously perpetrated sexual abuse, whether it occurred in
an institutional setting or in the community, do staff ensure that
the resident is offered a follow-up meeting with a mental health
practitioner within 14 days of the intake screening?
115.381
Medical and mental health screenings; history of sexual abuse
(c)
Is any information related to sexual victimization or abusiveness yes
that occurred in an institutional setting strictly limited to medical
and mental health practitioners and other staff as necessary to
inform treatment plans and security management decisions,
including housing, bed, work, education, and program
assignments, or as otherwise required by Federal, State, or local
law?
115.381
Medical and mental health screenings; history of sexual abuse
(d)
Do medical and mental health practitioners obtain informed yes
consent from residents before reporting information about prior
sexual victimization that did not occur in an institutional setting,
unless the resident is under the age of 18?
115.382
Access to emergency medical and mental health services
(a)
Do resident victims of sexual abuse receive timely, unimpeded yes
access to emergency medical treatment and crisis intervention
services, the nature and scope of which are determined by
medical and mental health practitioners according to their
professional judgment?
115.382
Access to emergency medical and mental health services
(b)
If no qualified medical or mental health practitioners are on duty yes
at the time a report of recent sexual abuse is made, do staff first
responders take preliminary steps to protect the victim pursuant
to § 115.362?
Do staff first responders immediately notify the appropriate yes
medical and mental health practitioners?
115.382
Access to emergency medical and mental health services
(c)
Are resident victims of sexual abuse offered timely information yes
about and timely access to emergency contraception and sexually
transmitted infections prophylaxis, in accordance with
professionally accepted standards of care, where medically
appropriate?
115.382
Access to emergency medical and mental health services
(d)
Are treatment services provided to the victim without financial yes
cost and regardless of whether the victim names the abuser or
cooperates with any investigation arising out of the incident?
115.383 Ongoing medical and mental health care for sexual abuse
(a) victims and abusers
Does the facility offer medical and mental health evaluation and, yes
as appropriate, treatment to all residents who have been
victimized by sexual abuse in any prison, jail, lockup, or juvenile
facility?
115.383 Ongoing medical and mental health care for sexual abuse
(b) victims and abusers
Does the evaluation and treatment of such victims include, as yes
appropriate, follow-up services, treatment plans, and, when
necessary, referrals for continued care following their transfer to,
or placement in, other facilities, or their release from custody?
115.383 Ongoing medical and mental health care for sexual abuse
(c) victims and abusers
Does the facility provide such victims with medical and mental yes
health services consistent with the community level of care?
115.383 Ongoing medical and mental health care for sexual abuse
(d) victims and abusers
Are resident victims of sexually abusive vaginal penetration while na
incarcerated offered pregnancy tests? (N/A if all-male facility.)
115.383 Ongoing medical and mental health care for sexual abuse
(e) victims and abusers
If pregnancy results from the conduct described in paragraph § na
115.383(d), do such victims receive timely and comprehensive
information about and timely access to all lawful pregnancy-
related medical services? (N/A if all-male facility.)
115.383 Ongoing medical and mental health care for sexual abuse
(f) victims and abusers
Are resident victims of sexual abuse while incarcerated offered yes
tests for sexually transmitted infections as medically appropriate?
115.383 Ongoing medical and mental health care for sexual abuse
(g) victims and abusers
Are treatment services provided to the victim without financial yes
cost and regardless of whether the victim names the abuser or
cooperates with any investigation arising out of the incident?
115.383 Ongoing medical and mental health care for sexual abuse
(h) victims and abusers
Does the facility attempt to conduct a mental health evaluation of yes
all known resident-on-resident abusers within 60 days of learning
of such abuse history and offer treatment when deemed
appropriate by mental health practitioners?
115.386
Sexual abuse incident reviews
(a)
Does the facility conduct a sexual abuse incident review at the yes
conclusion of every sexual abuse investigation, including where
the allegation has not been substantiated, unless the allegation
has been determined to be unfounded?
115.386
Sexual abuse incident reviews
(b)
Does such review ordinarily occur within 30 days of the conclusion yes
of the investigation?
115.386
Sexual abuse incident reviews
(c)
Does the review team include upper-level management officials, yes
with input from line supervisors, investigators, and medical or
mental health practitioners?
115.386
Sexual abuse incident reviews
(d)
Does the review team: Consider whether the allegation or yes
investigation indicates a need to change policy or practice to
better prevent, detect, or respond to sexual abuse?
The subsection of this provision is no longer applicable to your na
compliance finding, please select N/A.
Does the review team: Examine the area in the facility where the yes
incident allegedly occurred to assess whether physical barriers in
the area may enable abuse?
Does the review team: Assess the adequacy of staffing levels in yes
that area during different shifts?
Does the review team: Assess whether monitoring technology yes
should be deployed or augmented to supplement supervision by
staff?
Does the review team: Prepare a report of its findings, including yes
but not necessarily limited to determinations made pursuant to §§
115.386(d)(1)-(d)(5), and any recommendations for improvement
and submit such report to the facility head and PREA compliance
manager?
115.386
Sexual abuse incident reviews
(e)
Does the facility implement the recommendations for yes
improvement, or document its reasons for not doing so?
115.387
Data collection
(a)
Does the agency collect accurate, uniform data for every yes
allegation of sexual abuse at facilities under its direct control
using a standardized instrument and set of definitions?
115.387
Data collection
(b)
Does the agency aggregate the incident-based sexual abuse data yes
at least annually?
115.387
Data collection
(c)
Does the incident-based data include, at a minimum, the data yes
necessary to answer all questions from the most recent version of
the Survey of Sexual Violence conducted by the Department of
Justice?
115.387
Data collection
(d)
Does the agency maintain, review, and collect data as needed yes
from all available incident-based documents, including reports,
investigation files, and sexual abuse incident reviews?
115.387
Data collection
(e)
Does the agency also obtain incident-based and aggregated data yes
from every private facility with which it contracts for the
confinement of its residents? (N/A if agency does not contract for
the confinement of its residents.)
115.387
Data collection
(f)
Does the agency, upon request, provide all such data from the na
previous calendar year to the Department of Justice no later than
June 30? (N/A if DOJ has not requested agency data.)
115.388
Data review for corrective action
(a)
Does the agency review data collected and aggregated pursuant yes
to § 115.387 in order to assess and improve the effectiveness of
its sexual abuse prevention, detection, and response policies,
practices, and training, including by: Identifying problem areas?
Does the agency review data collected and aggregated pursuant yes
to § 115.387 in order to assess and improve the effectiveness of
its sexual abuse prevention, detection, and response policies,
practices, and training, including by: Taking corrective action on an
ongoing basis?
Does the agency review data collected and aggregated pursuant yes
to § 115.387 in order to assess and improve the effectiveness of
its sexual abuse prevention, detection, and response policies,
practices, and training, including by: Preparing an annual report of
its findings and corrective actions for each facility, as well as the
agency as a whole?
115.388
Data review for corrective action
(b)
Does the agency’s annual report include a comparison of the yes
current year’s data and corrective actions with those from prior
years and provide an assessment of the agency’s progress in
addressing sexual abuse?
115.388
Data review for corrective action
(c)
Is the agency’s annual report approved by the agency head and yes
made readily available to the public through its website or, if it
does not have one, through other means?
115.388
Data review for corrective action
(d)
Does the agency indicate the nature of the material redacted yes
where it redacts specific material from the reports when
publication would present a clear and specific threat to the safety
and security of a facility?
115.389
Data storage, publication, and destruction
(a)
Does the agency ensure that data collected pursuant to § 115.387 yes
are securely retained?
115.389
Data storage, publication, and destruction
(b)
Does the agency make all aggregated sexual abuse data, from yes
facilities under its direct control and private facilities with which it
contracts, readily available to the public at least annually through
its website or, if it does not have one, through other means?
115.389
Data storage, publication, and destruction
(c)
Does the agency remove all personal identifiers before making yes
aggregated sexual abuse data publicly available?
115.389
Data storage, publication, and destruction
(d)
Does the agency maintain sexual abuse data collected pursuant to yes
§ 115.387 for at least 10 years after the date of the initial
collection, unless Federal, State, or local law requires otherwise?
115.401
Frequency and scope of audits
(a)
During the prior three-year audit period, did the agency ensure yes
that each facility operated by the agency, or by a private
organization on behalf of the agency, was audited at least once?
(Note: The response here is purely informational. A "no" response
does not impact overall compliance with this standard.)
115.401
Frequency and scope of audits
(b)
Is this the first year of the current audit cycle? (Note: a “no” yes
response does not impact overall compliance with this standard.)
If this is the second year of the current audit cycle, did the agency na
ensure that at least one-third of each facility type operated by the
agency, or by a private organization on behalf of the agency, was
audited during the first year of the current audit cycle? (N/A if this
is not the second year of the current audit cycle.)
If this is the third year of the current audit cycle, did the agency na
ensure that at least two-thirds of each facility type operated by
the agency, or by a private organization on behalf of the agency,
were audited during the first two years of the current audit cycle?
(N/A if this is not the third year of the current audit cycle.)
115.401
Frequency and scope of audits
(h)
Did the auditor have access to, and the ability to observe, all yes
areas of the audited facility?
115.401
Frequency and scope of audits
(i)
Was the auditor permitted to request and receive copies of any yes
relevant documents (including electronically stored information)?
115.401
Frequency and scope of audits
(m)
Was the auditor permitted to conduct private interviews with yes
inmates, residents, and detainees?
115.401
Frequency and scope of audits
(n)
Were inmates, residents, and detainees permitted to send yes
confidential information or correspondence to the auditor in the
same manner as if they were communicating with legal counsel?
115.403
Audit contents and findings
(f)
The agency has published on its agency website, if it has one, or yes
has otherwise made publicly available, all Final Audit Reports. The
review period is for prior audits completed during the past three
years PRECEDING THIS AUDIT. The pendency of any agency
appeal pursuant to 28 C.F.R. § 115.405 does not excuse
noncompliance with this provision. (N/A if there have been no Final
Audit Reports issued in the past three years, or, in the case of
single facility agencies, there has never been a Final Audit Report
issued.)

report_type: PREA

program_name_raw: Okaloosa Youth Academy