PREA AUDIT: AUDITOR S FINAL REPORT JUVENILE FACILITY STANDARDS

Transcription

1 PREA AUDIT: AUDITOR S FINAL REPORT JUVENILE FACILITY STANDARDS Name of Facility: Virginia Beach Juvenile Detention Center Physical Address: 2533 George Mason Drive, Virginia Beach, VA Date report submitted: December 7, 2017 Auditor information: Charles J. Kehoe Address: P.O. Box 1265, Midlothian, Virginia charlesjkehoe@msn.com Telephone number: (804) Date of facility visit: June 21-23, 2016 Facility Information Facility Mailing Address: (if different from above) Telephone Number: (757) The Facility is: Military County Federal Private for profit XX Municipal State Private not for profit Facility Type: XX Detention (Juvenile) Correction Other: Name of PREA Compliance Manager: I guess he left this blank intentionally Address: Agency Information Governing Authority or Parent Agency: (if applicable) City of Virginia Beach/ Department of Human Services Physical Address: 3432 Virginia Beach Blvd., Virginia Beach, VA Mailing Address: (if different from above) Telephone Number: (757) Agency Chief Executive Officer Telephone Number: Name: Dannette R. Smith Title: Director Address: drsmith@vbgov.com Telephone (757) Number: Agency Wide PREA Coordinator Name: Tamara L. Williams Title: PREA Coordinator Address: tamwilli@vbgov.com Telephone (757) Number: 1

2 AUDIT FINDINGS NARRATIVE: The PREA audit of the Virginia Beach Juvenile Detention Center (VBJDC) was conducted from June 21-23, 2016 in Virginia Beach, VA. The Designated Auditor (the auditor) was Charles J. Kehoe of Midlothian, Virginia. The auditor wishes to extend his deepest appreciation to Dannette R. Smith, Director of Human Services, Gailyn Thomas, Deputy Director of Social Services, Dr. Donald R. Kirtland, Deputy Director of Continuous Quality Improvement, Stover Pete Withers, Superintendent, Aaron Knight, Assistant Superintendent, Tamara L. Williams, PREA Coordinator, and Chris Chandler, Administrative Specialist, and all the employees of VBJDC for their professionalism, hospitality, and kindness. The facility was well prepared for the audit. The Administrative Specialist mailed the PREA policies and procedures and related documents on a flash drive to the designated auditor several weeks before the audit. The auditor contacted Just Detention International to inquire if that agency had received any information regarding the VBJDC. A check of their records showed no complaints on file regarding the agency. The auditor arrived at the facility at 7:30 a.m. on Tuesday, June 21, 2016 and was greeted by Superintendent Withers, Assistant Superintendent Knight, PREA Coordinator (PC) Williams, and Administrative Specialist, Chandler. Social Services Deputy Director Ms. Gailyn Thomas and Human Services Deputy Director, Dr. Kirtland arrived shortly thereafter. Ms. Thomas and Dr. Kirtland were interviewed together as the Human Services Director s designees for the agency director interview. The interview began at 7:40 a.m. and ended at 8:05 a.m. An Entrance Meeting was held at 8:15 a.m. with the administrative team and several guests present. Those in attendance were Ms. Thomas, Dr. Kirtland, Pete Withers, Chris Chandler, Aaron Knight, and Tamara Williams. Also present were Chris Haws, Mental Health Clinician III and Post- Dispositional Therapist, Kristen Pine, Chief Program Officer at the YWCA, and Jennifer Knowlton, Sexual Assault Nurse Examiner at Chesapeake Forensic Specialists. Mr. Withers welcomed the auditor and guests and provided an overview of the VBJDC. The auditor thanked the Superintendent, the City of Virginia Beach leadership team, and the guests present for being so involved in the PREA certification process. The auditor then reviewed the audit process and the audit schedule. The PREA Coordinator provided the auditor with the names of the employees and the residents in the facility so he could choose the staff and residents he would interview. The PC and Administrative Specialist also identified specialized staff who could be interviewed. The Entrance Meeting ended at 8:45 a.m. Following the Entrance Meeting, the auditor interviewed the Chief Program Officer of the YWCA. The YWCA is the victim advocacy agency that serves the VBJDC. The auditor also interviewed the Sexual Assault Nurse Examiner. Chesapeake Forensic Specialists is the company that would conduct the forensic exam of a resident victim of sexual abuse at the VBJCD. The site review of the facility began at 10:20 a.m., following the Entrance Meeting and the interviews previously mentioned. All areas where residents have access were inspected. The site review ended at 11:48 a.m. Following the tour the auditor began the interviews. 2

3 When the audit started, there were 39 residents (34 males and 5 females) in the facility. Six of the 39 residents (males) were under the custody of the Virginia Department of Juvenile Justice in the Community Placement Program. Twenty-eight of the residents were being held in preadjudication status (24 males and 4 female residents). Four male residents and one female resident were in the facility s Post-Dispositional Program. Ten residents (10), eight (8) males and two (2) females were selected for random interviews. In the process of conducting the random interviews, two (2) residents were identified as having some intellectual disability. No residents identified as LGBTI. No residents in the facility had reported an allegation of sexual abuse or sexual harassment. No resident was in isolation for behavioral issues or as a victim of sexual abuse. Three (3) residents had disclosed prior sexual victimizations during screening. VBJDC has 62 full-time personnel. Ten (10) direct care staff were randomly selected by the auditor from all three shifts and interviewed. Twenty-five (25) interviews were conducted with staff, volunteers, or contractors in 16 specialized areas and included the designees for the agency head, Superintendent, the PREA Coordinator, higher level shift supervisors (3), medical and mental health professionals (2), the Human Resources Manager, volunteers /interns and contractors (3), the facility investigators (2), the staff member who screens for risk of victimization, staff who monitor youth on room confinement (isolation), an Incident Review Team member, the designated staff (2) who monitor for retaliation, a non-security staff who could act as a first responder, two (2) intake staff, the representative from the victim advocacy agency, and the sexual assault nurse examiner and the Sergeant from the Virginia Beach Police Department s Special Victims Unit. Since this is a relatively small facility, some of the staff have multiple responsibilities so a few individuals were interviewed more than once if their duties covered more than one specialized area. In all, the auditor conducted 49 interviews during the audit. During the site review, the auditor called the Child Protective Services (CPS) hotline to test the system to see what would happen if a resident called to report sexual abuse or sexual harassment. The protective services worker, who answered, said CPS would take any call regarding an allegation of physical or sexual abuse, regardless of the source. The worker said the name of the caller would be kept confidential. The worker said the allegation would be investigated. After hours a resident could call the 800 number. Both the local number and the 800 are listed in the PREA brochure that is given to each resident. This facility does not contract for the confinement of its residents with other facilities. Cross-gender searches are not allowed at VBJDC. All the staff interviewed stated they have been trained to conduct cross gender searches in an exigent circumstance. Training included the use of the Moss Group video. During the random interviews, the auditor asked the staff to demonstrate how cross-gender searches and searches of a transgender or intersex resident would be conducted. The auditor was very impressed by how well the staff demonstrated these search procedures using the back of the hand and telling the resident, in advance, step-by-step what would be happening in the procedure. The staff said the searches must be respectful and professional. The staff also said that a transgender resident would be asked if he/she had a preference as to who would search him/her. Interviews with residents revealed that they are well informed about PREA, their rights, and how to report an abuse. Nine of ten residents reported all staff announces themselves before coming on the units. One resident said the staff don t announce. New admissions to the facility are 3

4 informed about PREA during intake and given the brochure and handbook. Residents reported that PREA is discussed and the video is shown every Saturday. Residents also said the PREA Coordinator comes to the units to keep reminding residents of the importance of PREA and how to report sexual abuse or sexual harassment. Residents also said PREA is discussed during small group meetings. Some residents also said staff from the YWCA come to the facility and have discussion groups about sexual abuse and sexual harassment. When asked if the residents were aware of services outside the facility to help victims of sexual abuse, three (3) of the residents named the YWCA. One resident named two other agencies. The other residents said they were not sure of the name of the agency but know it is on the picture frame in the unit with the phone number. Every resident confirmed that he/she had received a copy of the City of Virginia Beach, Human Services, Juvenile Detention Center, Resident Handbook and the brochure, Virginia Beach Juvenile Detention Center Sexual Abuse Contact Information. Listed in the Handbook and the brochure are the names and addresses of agencies a resident can call or write to report sexual abuse or sexual harassment or to request emotional support if he/she is sexually abused or harassed. In addition, the Handbook and the brochures also clearly state the VBJDC s Zero Tolerance Policy. There is also signage throughout the facility that provides the names and addresses of these same agencies. VBJDC delivers a very comprehensive employee PREA training program that includes PowerPoint and video training. The PowerPoint training is divided into 7 Modules. Each Module has from 25 to 49 slides that cover all the areas required in the standard. Training on cross-gender searches is included in the training. All random staff interviewed acknowledged that they had received the training. However, the form which acknowledges the employee s training did not state the employee understood the training. The form was corrected during the audit and employees were instructed to sign the form that confirmed their understanding of the material presented. The facility provided signed documentation that the staff had received the required PREA training. During the interviews, all staff described the procedures for protecting residents from harm or threats of retaliation, the preservation of evidence, and the mandatory reporting requirements. Allegations of sexual abuse will be investigated by the Virginia Beach Police Department, the Child Protective Services Unit of the Virginia Beach Human Services Department, and the Virginia Department of Juvenile Justice. The Virginia Beach Police Department provided documentation that six (6) of the officers in the Department s Special Victims Unit have completed the National Institute of Corrections Course PREA: Investigating Sexual Abuse in a Confinement Setting. The facility has a MOU with the YWCA of South Hampton Roads (YWCA) to provide confidential emotional support services to the victim of sexual abuse and accompany and support the victim through the forensic medical examination process and investigatory interviews. The YWCA will also provide crisis intervention, legal advocacy, and information, and referral services to sexual abuse victims at the facility. If a sexual abuse happened in the facility or if a resident reported during intake that he/she had recently been sexually abused, a forensic exam would be conducted on-site by Chesapeake Forensic Specialists which can dispatch a Sexual Assault Nurse Examiner at any time. The Chesapeake Forensic Specialists provided documentation that all the Sexual Assault Nurse Examiners are certified by the Forensic Nursing Certification Board. The PREA Coordinator and the Post-Dispositional Therapist have both completed the NIC course, PREA: Investigating Sexual Abuse in Confinement Settings. The auditor reviewed two (2) investigations of resident-on-resident sexual harassment. The two allegations were investigated by the PREA Coordinator/Investigator and were substantiated. The auditor found the investigations were completed promptly and professionally. 4

5 During admission, every new resident receives a health care and mental health screening. A physical exam is also completed within 5 days of admission. Medical and mental health services are provided to the residents of the facility on-site by a nurse (LPN) and qualified mental health clinicians. A part-time physician oversees the facility s health services and sees residents. A psychiatrist is also available to consult with the staff and meet with residents as needed. The auditor was impressed by all the employees at the VBJDC and the emphasis they place on constant supervision of the residents. The design of the physical plant contributes to good supervision with good sightlines and glazing in all areas of the facility. VBJDC has 51 video cameras that provide comprehensive coverage in all housing units and in all areas where residents gather. The VBJDC has an excellent Web site with a separate PREA section that describes the facility s Zero Tolerance Policy, the PREA education for residents, how to report sexual abuse or sexual harassment, including a link for third party reporting, the investigative protocols, and the facility s relationships with other agencies in the community that provide services to victims of sexual abuse. A link to the VBJDC Annual PREA Report is also found on the Web site. When the on-site audit was completed, the auditor conducted an exit meeting at 1:30 p.m. on June 23, The Deputy Directors from the Human Services Department, the Superintendent, the Assistant Superintendent, the PREA Coordinator, Mental Health Clinician Supervisor/Post- Disposition Therapist, and the Administrative Specialist were in attendance with the auditor. While the auditor could not give the facility a final finding, as there were a few issues needing further review, the auditor did give an overview of the audit and thanked the Superintendent and his staff, and the Virginia Beach Human Services Department for all the hard work and dedication to the full implementation of the Prison Rape Elimination Act. DESCRIPTION OF FACILITY CHARACTERISTICS: The Virginia Beach Juvenile Detention Center (VBJDC), located at 2533 George Mason Drive, near the middle of the Municipal Center, in Virginia Beach, Virginia. It is operated by the City of Virginia Beach as an agency under the Human Services Department. The facility is staffed by 62 full-time personnel. The facility opened its doors to the first residents in October The 90-bed secure juvenile detention center can house youth ages 7 through 20 under detention orders from a court of competent jurisdiction. The facility serves both male and female youth who are awaiting hearings in the courts as well as those who may be sentenced to detention. The VBJDC also serves youth who have been committed to the Virginia Department of Juvenile Justice (DJJ) and placed in the facility under an agreement with the DJJ Community Placement Program. It also provides reentry services for DJJ youth who are transitioning back to the community. All required services can be provided at the site with the exception of emergency medical and some specialized care. The VBJDC is licensed by the Virginia Department of Juvenile Justice (DJJ) and operates under the standards of the Virginia Board of Juvenile Justice (BJJ). The BJJ standards require a staffing ratio of 1:10 during waking hours and 1:16 during sleeping hours. However, this facility operates under a staffing ratio of 1:8 during waking hours, exceeding the state standards and meeting the PREA requirements. The facility has six (6) 15-bed living units. Each living unit has a classroom and an observation room. All the residents rooms are single-occupancy and each room has a sink and toilet. Residents are able to shower and use the toilet facilities privately. There are two video cameras on each living unit and one in every classroom. Cameras are also located in hallways and in other locations throughout the building. The retention period for the 5

6 video is 30-days. The auditor observed video from previous weeks and found the clarity to be good. The facility has a total of 51 cameras. Throughout the facility, the auditor saw PREA signage for residents, visitors, and staff. Signage was in English and Spanish and informed the reader of the facility s Zero Tolerance Policy and how to report allegations of sexual abuse and sexual harassment. In most cases the signage was framed. The auditor also observed that the Notice of the Audit was posted in all living units and in other areas of the facility, including the entrance and lobby areas. During the site review and throughout the audit the auditor observed staff making opposite-gender announcements before they entered housing units. The intake area has five holding rooms for residents who are being admitted into the facility. The facility has rooms for arts and crafts, a computer lab/room, and library for residents. There is also an ample outdoor recreation area. There are two dining rooms that seat 48 residents. There are six rectangular tables that each seat 8 residents in each dining room for a total capacity of 96. Residents are not permitted in the food preparation areas. Visitation takes place on Tuesdays, Thursdays, and Sundays. The following services and programs are provided to the residents: Pre-Dispositional (Pre-D) Detention Program The residents in the Pre-Dispositional Detention program are awaiting a hearing before a Juvenile and Domestic Relations District Court Judge and have not been adjudicated. These residents receive the following services: o Cognitive Behavioral Interventions (CBI) o Crisis counseling o Case management o Mental health services o Referral services as needed o Psycho-educational group o Therapeutic skill building A mental health clinician and one licensed clinical social worker oversee these services. Post Dispositional (Post-D) Detention Program The Post-D program is a secure residential treatment service for up to 15 male and female residents who meet the admission criteria and requirements. Post-D is provided for in the Code of Virginia and is an alternative to being committed to DJJ. Participants are court ordered into the program. The Post-D lasts a maximum of 180 days. This is an intensive program that focuses on a wide range of treatment needs using an evidenced-based curriculum specifically designed for youth in a detention setting. Program components include: o Cognitive Behavioral Interventions for Substance Abuse (CBI-SA) youth version, an evidence-based curriculum o Individual and family therapy with a licensed clinician o Parent and multi-family group sessions 6

7 o Continued education with Virginia Beach City Public Schools and/or GED testing o Anger management o Empathy enhancement o Therapeutic skill building o Drug and alcohol screenings o 24-hour support and supervision The Post Dispositional Coordinator/Mental Health Clinician IV Supervisor manages the Post-D program. Community Placement Program (CPP) Referrals for this program are made by the Department of Juvenile Justice (DJJ) by a central admissions placement counselor. The CPP provides an opportunity for the residents' to transition back into their home community prior to their official release from the DJJ. A common goal is to provide an environment where residents can practice and master skills necessary to increase their chances of success after release. Program components include: o Cognitive Behavioral Interventions for Substance Abuse (CBI-SA) youth version, an evidence-based curriculum. o Aggression Replacement Training (ART) o Multi-family group sessions o Therapeutic skill building o Job readiness o Independent living skills o Mental health support o Case Management services The Community Placement Program Coordinator manages the program. Two Social Services Family Services Specialists provide services to the residents. Reentry Program The Reentry program is another partnership program with the DJJ that is designed to assist residents transitioning from state commitment to their home community. Residents serve the last days of commitment in the Reentry Program. The program offers a combination of services and resources to remove hurdles and barriers to assist residents in becoming successful, productive and contributing members of their community and society. Services and resources are provided by the VBJDC and other community-based reentry service providers to assist in relapse prevention and family engagement. The Reentry Coordinator manages this program. Educational Program Fourteen Virginia Beach City Public School (VBCPS) staff are contracted to work onsite. The VBCPS district provides a formal education program for all youth in the center. Teachers instruct all core classes and special education classes and provide life skills, vocational skills, and GED preparation. The Principal is the administrator of the school program. 7

8 Medical Services Two nurses and a part-time doctor provide all the health care services. Each resident receives a medical and mental health screening during the admission process and a physical exam within five days of admission. The VBJDC will attend to all immediate medical needs. Other health care needs will be the responsibility of the parents or guardians. Included in the VBJDC overall program is the description of PREA and the facility s responsibility to protect residents from sexual abuse and sexual harassment. Prison Rape Elimination Act (PREA) Monitoring Program The Prison Rape Elimination Act of 2003 (Public Law No ) was signed into law in 2003 to provide for the analysis of the incidence and effects of prison rape in Federal, State, and local institutions and to provide information, resource recommendations, and funding to protect individuals from prison rape. The purpose of this policy is to ensure residents are protected from sexual assault and sexual harassment and to outline the agency's approach to preventing, detecting, and responding to such conduct. Meeting the objectives of PREA is a priority of the VBJDC. The VBJDC has a zero tolerance toward any incident involving the sexual misconduct of a resident. Each resident receives PREA education during the admission process, in-depth education within 7 days of admission, and ongoing refresher education throughout the residents' incarceration. Reporting sexual assault or sexual harassment can be done in several ways by the resident, a family member, a staff member, or by a third party. REPORT IT: o...to a staff member o...to the PREA Coordinator o...complete a grievance o...write a letter of complaint o...call: YWCA 24 Hour Crisis Hotline: (757) , or Child Abuse & Neglect Hotline: (800) , or Local Social Services Division: (757) , or Virginia Beach Police Department (non-emergency): (757) , or VBJDC Administration Offices/PREA Coordinator: (757) The VBJDC will ensure that all allegations of sexual abuse are referred for investigation to the Virginia Beach Police Department/Special Victims Unit (VBPD/SVU) which has the legal authority to conduct criminal investigations. Sexual abuse allegations will also be referred to the Child Protective Services (CPS) Unit of the Virginia Beach Human Services Department. Reports of sexual harassment will be investigated by the VBJDC PREA Coordinator and the Mental Health Clinician Supervisor. Both individuals are full-time employees on staff with the VBJDC and have had the PREA: Investigating Sexual Abuse in a Confinement Setting training from the National Institute of Corrections, which qualifies them to investigate reports of sexual harassment. The VBJDC has a verbal understanding with the VBPD to perform the investigations and a written memorandum of understanding with the YWCA, offering support services as requested or as 8

9 necessary. The VBPD solicits the services of the Chesapeake Forensic Specialists, who are the sexual assault nurse examiners (SANE). SANEs will conduct the initial examinations for the VBPD. The VBJDC PREA Coordinator is a member of the Hampton Roads Sexual Assault Response Team (SART) that meets quarterly. The VBJDC has taken extraordinary measures to build an excellent working relationship with the VBPD, YWCA, CPS, and with the SANEs (forensic nurses) for the purpose of creating a safe, humane, and secure environment for all residents that is free of sexual abuse and sexual harassment. Our annual report on sexual abuse within our facility has been posted as of June 1, The Superintendent and the PREA Coordinator are responsible for the full implementation of PREA. SUMMARY OF AUDIT FINDINGS: Number of standards exceeded: 7 Number of standards met: 32 Number of standards not met: 0 Number of standards not applicable: 2 9

10 Prevention Planning Zero tolerance of sexual abuse and sexual harassment; PREA coordinator. The VBJDC policy prohibits all forms of sexual abuse and sexual harassment and outlines the agency s approach to prevention, detection, responding to allegations of sexual abuse and sexual harassment. The policy states: 1. Purpose It is the policy of the Virginia Beach Juvenile Detention Center (VBJDC) to fully comply with the Prison Rape Elimination Act (PREA) and the National s promulgated by the United States Department of Justice to prevent, detect, and respond to prison rape under PREA and to provide a safe, humane, and secure environment for all residents free of sexual abuse and sexual harassment. The Virginia Beach Juvenile Detention Center maintains a zero tolerance approach for resident-onresident sexual assault, staff sexual misconduct, and sexual harassment toward residents. Every allegation of sexual assault, misconduct, and harassment is thoroughly investigated. The prohibited conduct identified below applies to all employees, and contract staff of VBJDC. Sexual conduct between staff and residents is prohibited and subject to administrative disciplinary sanctions and the filing of criminal charges. Under the procedures section, it states: 5. Procedures The Virginia Beach Juvenile Detention Center maintains a zero tolerance for resident-on-resident sexual assault, staff sexual misconduct, and sexual harassment toward residents. The VBJDC will attempt to prevent sexual abuse and sexual harassment through employee training, constant supervision of residents, resident education, and the assignment of only one resident to each sleeping room. If sexual abuse or harassment is detected, VBJDC administrative staff will conduct the initial inquiry and then the investigation will be led by the Virginia Beach Police Department and the Division of Social Services Child Protection Services Unit. Every allegation of sexual assault, misconduct, and harassment will be thoroughly investigated. The prohibited conduct identified above applies to all employees, contract staff, and volunteers of VBJDC. Sexual conduct between staff and residents is prohibited and subject to administrative disciplinary sanctions to include the filing of criminal charges. During interviews with randomly selected staff and interviews with staff in specialized areas, all those interviewed including a volunteer and a contractor, said they have received and understand the VBJDC Zero Tolerance Policy. The facility s Zero Tolerance Policy is also stated on the VBJDC Web site. 10

11 The PREA Coordinator is appointed by the Superintendent. Ms. Tamara Williams is the PREA Coordinator. She is also the Mental Health Clinician II. The PREA Coordinator position is shown on the facility s organizational chart. The PREA Coordinator told the auditor she has sufficient time to manage all of her PREA related responsibilities and her duties as a Mental Health Clinician II. She said she receives excellent cooperation and assistance from the Superintendent, the Assistant Superintendent, the Mental Health Clinician Supervisor, and the Administrative Specialist. The PREA Coordinator also serves as one of the two PREA Investigators in the facility. The PREA Coordinator has taken several of the NIC PREA training classes online, including, PREA Audit Process and Instrument Overview, PREA: Behavioral Health Care for Sexual Assault Victims in Confinement Settings, PREA: Medical Health Care for Sexual Assault Victims in Confinement Settings, Communicating Effectively and Professionally with LGBTI offenders, PREA for Community Confinement Facilities, and PREA: Investigating Sexual Abuse in a Confinement Setting. The PREA Coordinator is also a member of the Hampton Roads Sexual Assault Response Team (SART) that meets quarterly All staff interviewed and most of the residents know the name of the PREA Coordinator. It must be noted that the VBJDC has outstanding relationships with its community partners. The fact that the YWCA (victims of sexual abuse services) and Chesapeake Forensic Specialists (SANE) participated in the Entrance Meeting is evidence of the collaboration that exists in this leading city. The documentation provided by the Virginia Beach Police Department of the NIC sexual abuse investigation training officers in the Special Victims Unit have taken, as well as its comprehensive sexual assault investigation protocols is further proof of the inter-agency collaboration. The PREA Coordinator s active participation in the local SART enriches the multi-agency collaboration. Because the VBJDC has a well written Zero Tolerance Policy that incorporates all the elements of the standard, because the staff and residents are very familiar with the Zero Tolerance Policy, because the PREA Coordinator has had extensive training and fully embraces and manages her PREA responsibilities so well, and because the VBJDC has exceptional relationships with other community agencies that are addressing sexual abuse and sexual harassment, the auditor finds that the facility exceeds the requirements of the standard Contracting with other entities for the confinement of residents. Not Applicable The VBJDC does not contract with other public or private entities for the confinement of its residents. However, the facility does have a written agreement with the DJJ to take residents from DJJ facilities. In that case, the responsibility is on the DJJ to comply with the standard Supervision and monitoring 11

12 The VBJDC policy states: Adjustments to Staff Plan i. Whenever necessary, but no less frequent than once each year, the VBJDC, in consultation with the PREA Coordinator will assess, determine, and document whether adjustments are needed to the staffing plan, prevailing staffing patterns, or the deployment of video monitoring systems and other monitoring technologies. For documenting adjustments, refer to the PREA Staffing and Facility Assessment form. The facility PREA Staffing/Facility Logistics Assessment is conducted annually and involves the Superintendent, the Assistant Superintendent, and the PREA Coordinator. The Assessment considers all components of the facility s physical plant, including blind spots, any areas not visible to employees, cameras and lighting, and visitation areas. The supervision of residents and staff development and training are also reviewed as part of the assessment. The facility complies with Virginia Board of Juvenile Justice Regulations Governing Juvenile Secure Detention Centers and is certified by the Virginia Board of Juvenile Justice. The Virginia standards require a staff to resident ratio of one-to-ten during waking hours, but VBJDC exceeds the state standards and follows a ratio of one-to-eight. The VBJDC policy, JDC_PP states, During the hours that residents are scheduled to be awake, there shall be at least one juvenile detention counselor, senior counselor, or supervisor awake, on duty and responsible for supervision of every eight (8) residents, or a portion thereof, on the premises or participating in off-campus, facility-sponsored activities. The policy also states, During resident s scheduled sleeping hours, there shall be at least one juvenile detention counselor awake while on duty and responsible for supervision of every sixteen (16) residents, except during limited and discrete exigent circumstances. The VBJDC will comply with the staffing plan, except during limited and discrete exigent circumstances, and will document deviations from the plan during such circumstances. The VBJDC has no findings of inadequacy from any court, federal agency, or internal or external oversight bodies. The composition of the resident population and its services and programs are described throughout the agency s materials. The Superintendent, Assistant Superintendent, and the PREA Coordinator also consider prevalence of any allegations of sexual abuse or sexual harassment when reviewing the number and placement of supervisory staff and staffing levels, video monitoring and other technology enhancements. During the three days of the PREA audit, the auditor observed supervisors being present and very approachable throughout the building during each shift. VBJDC Policy (c) states: a) Unannounced Rounds i. The VBJDC shall implement the practice of having high-level supervisors conduct and document unannounced rounds to identify and deter staff sexual abuse and sexual harassment. The unannounced rounds will be conducted at least twice per month by each shift using the PREA Unannounced Rounds form. The completed form shall be forwarded to the PREA Coordinator and Operations Coordinator. ii. Unannounced rounds shall be conducted during night shifts as well as day shifts. 12

13 iii. Supervisors and staff are prohibited from alerting other staff that unannounced rounds are being conducted by high-level supervisors, unless such announcement is related to the legitimate operational functions of the VBJDC. iv. Training shall be provided to supervisory staff conducting the unannounced rounds to ensure documentation in the detention center control room daily log is accurate. The original documentation will be submitted to the PREA Coordinator upon completing the unannounced round and a copy provided to the Operations Coordinator. The auditor reviewed over 36 Unannounced Rounds reports and found them to be very complete and thorough. On the Unannounced Round report, supervisors are required to identify staff, contractors, and volunteers working in facility, as well as any visitors, at the time of the unannounced round. Supervisors also describe the activities taking place at the time of the unannounced round (i.e., residents are sleeping, staff are working on reports, residents are in school, etc.) The auditor interviewed three supervisors who described how they make unannounced rounds. One supervisor said he varies the times, and another said he starts the rounds in a different living unit each time Limits to cross-gender viewing and searches. VBJDC Policy states: 1. Purpose It is the policy of the Virginia Beach Juvenile Detention Center (VBJDC) to ensure cross-gender strip searches, cross-gender visual body cavity searches, or cross-gender pat-down searches are not conducted by detention center staff, except in exigent circumstances or when performed by medical practitioners. 3. Procedures a) The searches of residents will be conducted only for the purpose of maintaining facility security and controlling contraband while protecting the dignity of the resident. b) Juvenile detention center counselors, senior counselors, supervisors, medical personnel, and administrators are authorized to conduct same gender searches. c) The resident will not be touched any more than is absolutely necessary in order to maintain facility security and control contraband. d) Pat-down and frisk searches will be conducted by employees of the same gender as the resident being searched, except in cases of emergency. e) Strip searches and visual inspections of the anal or genital openings will be subject to the following: 13

14 i. The search will be performed by staff of the same gender as the resident being searched. ii. The search will be conducted in an area that ensures privacy. iii. Any witness to the search will be of the same gender as the resident being searched. f) Manual and instrumental searches of the anal or genital openings, not including medical examinations or procedures conducted by medical personnel for medical purposes will be subject to the following: i. Performed only with the written authorization of the VBJDC Administrator or by a court order. ii. Conducted by a qualified medical professional. iii. Witnessed by staff of the same gender as the resident. iv. Fully documented in the resident s medical file. g) Juvenile detention center counselors, senior counselors, supervisors, medical personnel, and administrators 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. h) If a cross-gender strip search, cross-gender visual body cavity search, or cross-gender patdown search is performed in cases of exigent circumstances or an emergency, the VBJDC shall document and justify the actions taken. i) Residents are able to shower, perform bodily functions, and change clothing without nonmedical personnel of the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine cell checks. j) Detention center staff of the opposite gender shall announce their presence when entering a resident housing unit. 4. Training Security Staff VBJDC shall ensure security staff are trained 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. 5. Roles and Responsibilities It shall be the responsibility of the VBJDC Administrator to ensure compliance with this standard. All the random staff interviewed told the auditor that they are prohibited from conducting crossgender strip searches or cross-gender visual body cavity searches. The random staff also reported that they had received training in how to conduct cross-gender patdown searches, and searches of transgender and intersex residents, in a professional and respectful 14

15 manner, and in the least intrusive manner possible, consistent with security needs Residents with disabilities and residents who are limited English proficient. VBJDC Policy states: 1. Purpose It is the policy of the Virginia Beach Juvenile Detention Center (VBJDC) to ensure that written materials are provided in formats or through methods that ensure effective communication with residents with disabilities. For the purpose of this policy, disabilities include residents who are deaf or hard of hearing, blind or have low vision, possess limited reading skills, and/or intellectual, psychiatric, or speech disabilities. The procedure states: 3. Procedures a) The VBJDC will offer equal opportunity to residents who are limited English proficient, deaf, or hard of hearing to participate in or benefit from all aspects of the facility s efforts to prevent, detect, and respond to sexual abuse and sexual harassment. b) When necessary, the VBJDC will take steps to provide an interpreter who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. The interpreter may be an internal staff member or one selected per the Services for Persons with Limited English Proficient (LEP) or Hearing Impairment Human Services Administrative Instruction (AI) c) For residents with intellectual disabilities, the staff will work with the Special Education Teacher(s) to ensure the resident understands the Zero Tolerance policy and how to report sexual abuse or sexual harassment. d) The VBJDC will not rely on resident interpreters, resident readers, or other types of resident assistance 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 Staff First Responder Duties, or an investigation of a resident s allegations. e) Where applicable, the VBJDC shall make available materials that have been translated into alternative languages for resident s who primarily speak a language other than English. In addition to the facility s specific policy and procedures, the Virginia Beach Human Services Department also has Administrative Instruction AI 2.06 which states, The Virginia Beach Human Services Department has the responsibility to assure that persons with hearing impairments or with limited English proficiency have meaningful access to and the opportunity to participate in all programs, services, and activities. The purpose of this Administrative Instruction is to establish policies and procedures for accomplishing that requirement. 15

16 The policy of AI 2.06 states, It is the policy of the Virginia Beach Human Services Department (HSD) to provide services in a manner in which non-english speaking clients can benefit from services and understand and communicate information between themselves and the staff. AI 2.6 procedures direct staff as follows: Procedures a) Staff will inform all persons with a hearing impairment or with limited English proficiency at each point of entry for benefits/services, that he/she may request the services of an interpreter/translator, or other communication aids, free of charge and provided by the agency. b) No person with a hearing impairment or with limited English proficiency will be required to provide his/her own interpreter/translator; however, they may request to use his/her own interpreter/translator. Due to privacy concerns and lack of knowledge in public assistance policy, terminology and/or its appropriate translation, careful consideration should be given regarding the use of family members, especially children and friends as interpreter/translator. Department staff should not request family members or friends act as interpreter/translators. c) Case records will document that a client has requested or requires interpreter/translator assistance and/or translated materials/information. In addition, the individual s request to use his/her own interpreter/translator will be noted in the case record. Where applicable the primary language of individuals with limited English proficiency will be entered into the automated data system. d) Staff can use The Language Group for both phone interpreting and in-person interpreting or staff can utilize a staff person with fluency in the specific language (if available). i. To utilize over-the-phone interpreting services, staff should: a. Call b. When the operator answers, staff should state that they: Are calling from the City of Virginia Beach The customer code is: LG5458 Provide the language the client speaks The Unit/Department The name of the non-english speaking person The phone number the staff is using c. The operator will connect the staff with an interpreter. d. the Administrative Specialist II when over-the-phone services are used. ii. To utilize an in-person interpreter service, staff should: Complete the Language Group interpreter request form Indicate the budget code as Fax the form to the vendor at the form to the Administrative Specialist II, Nicole Mitchell in the HSD Bldg., CSB Finance Division for financial reconciliation For questions pertaining to the Language Group, call

17 e) The staff can utilize a staff member listed on the City of Virginia Beach Employee Language Bank list found on the city intranet (Beachnet). f) Documents will be translated into the appropriate language, when requested by the client and made available. A document Translation Request Form should be completed for each client needing this service. Send the request to the Administrative Specialist II at nmitchel@vbgov.com, for submission to the most cost efficient vendor. g) Sign Language Interpretation Services are being provided by the Virginia Department for the Deaf and Hard of Hearing (VDDHH). Interpreter fees incurred by the agency in service to a client or family member will be eligible for 50% reimbursement through the Interpreter Fee Reimbursement Program with the VDDHH. To request services staff shall: Complete the VDDHH Request form and fax to Send a copy to the Administrative Specialist II, Nicole Mitchell, in the HSD Bldg., CSB Finance Division for financial reconciliation. For questions pertaining to VDDHH services, call h) The Department will provide all staff and service providers/contractors with a copy of the policy and procedures for obtaining language assistance. The Department will keep records of interpreter/translator assistance requests and monitor the effectiveness of its interpreter/translator services. i) The forms for both The Language Group and VBBHH are located in Documents for MHSA on Vbnet, listed as Interpreter Information. During the site review, the auditor observed bi-lingual (English and Spanish) signs throughout the facility that informed the reader of the VBJDC s Zero Tolerance Policy, how to report an allegation of sexual abuse or sexual harassment, and how a resident victim of sexual abuse or sexual harassment could receive emotional support. The auditor found, during random interviews, that employees clearly understand that residents with disabilities must have 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. The staff are also aware that residents who are limited English proficient may also require interpreters and that resident interpreters should not be used unless it is an exigent circumstance. Because the City of Virginia Beach Human Services Department and the facility have such thorough policies addressing this standard and because the City provides multiple ways of meeting this standard (involving special education, an interpreter service, and a cadre of employees who can serve as interpreters) the auditor finds that the facility exceeds the requirements of the standard Hiring and promotion decisions. The VBJDC Policy , PREA Hiring and Promotion Decisions, states, It is the policy of the 17

18 Virginia Beach Juvenile Detention Center (VBJDC) to ensure all persons selected for employment, all persons that teach in the facility, and all persons that work one-on-one with residents shall, prior to assuming duties, undergo a checks of reference, criminal record, central registry, and driving record. The Procedures are detailed as follows: 3. Procedures a) The VBJDC will not hire or promote persons that may have contact with residents, and will not enlist the services of any contractor that may have contact with residents, and who: i. Has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution; 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; or iii. Has been civilly or administratively adjudicated to have engaged in the activity described in paragraph 3.a) above. b) New Hires or Entering into New Contracts i. The VBJDC will consider any incidents of sexual harassment in determining whether to hire or promote anyone, or to enlist the services of any contractor, that may have contact with residents. ii. Before hiring new employees that may have contact with residents, the VBJDC will perform checks of references, criminal record, central registry, and driving record to ascertain whether there are criminal acts or other circumstances that would be detrimental to the safety of residents. The background check shall include a fingerprint check with the Virginia State Police and FBI. iii. All direct care staff will have a completed Child Protective Services (CPS) check, criminal background check, and fingerprint check before beginning direct care services with VBJDC. iv. Consistent with Federal, State, and local law, the VBJDC will make its best effort 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. v. The VBJDC will also perform a criminal background records check, and consult applicable child abuse registries, before enlisting the services of any contractor that may have contact with residents. c) The VBJDC will either conduct background records checks at least every five years of current employees and contractors that may have contact with residents or have in place a system, such as the Virginia Crime Information Network (VCIN), for capturing information for current employees and contractors. d) The VBJDC will ask all applicants and employees that may have contact with residents directly about previous misconduct in written applications or in interviews for hiring or promotions using the New Hire and Promotions Annual Evaluation Questionnaire form. 18