Date of report: 3/6/17

Transcription

1 PREA AUDIT REPORT INTERIM FINAL JUVENILE FACILITIES Date of report: 3/6/17 Auditor Information Auditor name: Talia Huff Address: Po Box 31 McPherson, KS Telephone number: Date of facility visit: August 9-11, 2016 Facility Information Facility name: Youth Center of the High Plains Facility physical address: 9300 S. Georgia Amarillo, TX Facility mailing address: (if different from above) same Facility telephone number: The facility is: Federal State County Military Municipal Private for profit Private not for profit Facility type: Correctional Detention Other Name of facility s Chief Executive Officer: C. Joe Barton III, LPC-S Number of staff assigned to the facility in the last 12 months: 89 Designed facility capacity: 86 Current population of facility: 59 Facility security levels/inmate custody levels: Secure; pre- and post-adjudication Age range of the population: Name of PREA Compliance Manager: N/A Title: N/A address: Telephone number: Agency Information Name of agency: Randall County Juvenile Probation Department Governing authority or parent agency: (if applicable) Click here to enter text. Physical address: 9300 S. Georgia Amarillo, TX Mailing address: (if different from above) Click here to enter text. Telephone number: Agency Chief Executive Officer Name: C. Joe Barton III, LPC-S Title: Chief Juvenile Probation Officer address: joebarton@rcjj.org Telephone number: Agency-Wide PREA Coordinator Name: Barry Gilbert Title: Director of Training/PREA Coordinator address: barrygilbert@rcjj.org Telephone number: PREA Audit Report 1

2 NARRATIVE AUDIT FINDINGS In September 2015, 360 Correctional Consulting, LLC., was awarded several PREA audits, by the Texas Juvenile Justice Department (TJJD), of county juvenile facilities in Texas. This report is a product of this award and is of the Youth Center of the High Plains (YCHP); Randall County Juvenile Probation Department. February 2016, communications began with the PREA Coordinator, Barry Gilbert. Mr. Gilbert is also the Director of Training. Talia Huff, 360 Correctional Consulting conducted this PREA audit. The onsite portion of the audit was conducted on August 9-11, Auditor Notices in both Spanish and English were sent via to the PREA Coordinator and were posted in living units, common areas, staff break rooms, and bulletin boards at least 6 weeks prior to the onsite audit. The auditor received confirmation on June 28, 2016, that notices had been posted and the locations in which they were posted. No resident letters were received by the auditor, despite Auditor Notices being abundantly posted around the facility, which was noted during the site review. The facility provided sufficient pre-audit documentation to include the completion of the Pre-Audit Questionnaire and supporting documentation. It was provided via flash drive. The auditor arrived at the Youth Center of the High Plains and held an in-brief with facility administration and leadership, which included Joe Barton (Chief Juvenile Probation Officer), Barry Gilbert (PREA Coordinator), Neil Eddins (Deputy Chief Juvenile Probation Officer), and other 3 other management staff members. A brief discussion was held regarding the PREA audit process and methodology as well as other audit and facility logistics. Following the in-brief, the auditor was led through the site review. End the Silence signs and Auditor Notices were abundantly observed in every living unit, common area, visitation area, facility entrance, intake, and control rooms. End the Silence signs contained the Texas Juvenile Justice Department (TJJD) hotline number. Throughout the site review, the auditor observed daily functions and facility operations, residents in pods and dayrooms, observed staff interactions, and had informal discussions with residents and staff members. There is a unique atmosphere at YCHP that is centered around a therapeutic philosophy that promotes dignity and respect to and from residents. Genuine concern for the care and success of youth is exuded at all levels of the facility. Staff were pleasant and seemed to have effective and professional interactions with residents. Residents were respectful and appeared to feel comfortable and safe. In addition, the following observations were noted throughout the site review: Direct supervision model Placement of security cameras was abundant There were no camera views into areas in which residents would be in a state of undress or using the toilet Grievance boxes (AKA Suggestion boxes) were seen in each pod All rooms are single occupancy There are indoor and outdoor recreation areas including a ropes course that is in use A few areas were noted in which staff and/or residents could be isolated and out of camera view Interviews of leadership, random and specialized staff as well as random and targeted residents were conducted by the auditor. Staff and resident rosters were obtained with which to select random staff and residents to interview. The staff selected were from all pods and shifts, including non-uniform staff. The PREA Coordinator was accommodating and enabled an efficient audit. Leadership was inviting and open to auditor feedback. PREA Audit Report 2

3 DESCRIPTION OF FACILITY CHARACTERISTICS YOUTH CENTER OF THE HIGH PLAINS The Mission of the Randall County Juvenile Probation Department is to provide quality preventive and rehabilitative services for youthful offenders, youth at risk of offending, their families and the community. These services should be provided in a way that assures an appropriate level of supervision and services for the needs of the youth and their families; promote the safety and welfare of the community and create a professional, healthy efficient workplace so that those served can become self-sufficient. YCHP has a capacity of 86 residents; detention (pre-adjudication) and residential (post-adjudication). All are contained in a single building and all are single rooms/cells. There are nine pods; A through I. YCHP houses both male and female residents, in true and unique co-ed fashion. Each pod has a dayroom with tv, games, books, etc. Staff at YCHP are providing direct supervision at all times, which was observed by the auditor. Residents eat in the Dining Room. Residents do not help in the kitchen and do not enter the kitchen. Education is offered at YCHP through an agreement with the Canyon Independent School District and there are eight classrooms in which male and female residents attend school together. Philosophy and programming at YCHP is above-and-beyond the norm. There is an emphasis on rehabilitation with every interaction. Terminology around the facility coincides with the therapeutic model and steers away from punitive or correctional connotations such as norms instead of rules, suggestion box rather than grievance box, earning negative consequences rather violating rules or being punished. The program for detention residents is pro-social, structured and positive. Residents are provided with Rational Behavior Therapy, Anger Management and Social Skills. Levels and privileges are earned based on positive behaviors. All detained youth are required to attend all-day classes and are taught by accredited teachers. Upon leaving the Youth Center, grades and progress information will be provided to the home school. Professional counselors are available for triage of serious mental health needs of the youth in detention. On-site daily medical services are provided by medical staff from the adjacent Randall County Sheriff s Office. For post-adjudication residents, the Constructive Living Unit (CLU) program is designed to emphasize positive change in an environment that teaches, holds responsible and rewards positive choices. PREA Audit Report 3

4 From the YCHP website: The Constructive Living Unit (CLU) is a secure, residential program that serves adjudicated youth primarily from the Texas Panhandle, but is also available to counties throughout the State of Texas. The program is geared for the more sophisticated, repeat and/or serious offender. This intense, structured and confrontational program places emphasis on individual responsibility, thinking errors and building empathy. CLU is an earn-your-way-out program where a youth is expected to do much more than "time". The earn/non-earn philosophy puts the responsibility on each youth. Higher social skills, Rational Behavioral Therapy (RBT) and moral development are emphasized in CLU. Sex offender treatment is provided as an adjunct therapy as well as substance abuse therapy. Professional counseling is included for each resident's individualized treatment plan. The average length of stay is months. For post-adjudication, there are also additional programs available such as sex offender treatment and substance abuse treatment as well as individual, group, and family counseling. On-site daily medical services are provided by medical staff from the adjacent Randall County Sheriff s Office. SUMMARY OF AUDIT FINDINGS It was clear that resident safety is of the upmost importance at the Youth Center of the High Plains, but more than that, it was evident that the success of residents was also paramount. This was evidenced by such an emphasis on programming, services, trauma-informed care, and other best practices. Residents, staff, and leadership alike were very knowledgeable about and aware of PREA and sexual safety. With that said, the PREA standards consist of intricate compliance efforts and the require a facility to demonstrate institutionalization of the standards. Therefore, while the culture and atmosphere of YCHP is an impressive one and one of sexual safety, many of the standards require minor corrective action in order to meet each provision of each standard. With the submission of the Interim Report, seven (7) standards were exceeded. Fourteen (14) standards were met, eighteen (18) were not met, and 2 were not applicable. Mid-February 2017, YCHP satisfied all corrective action and achieved compliance with all PREA standards, as illustrated in this Final Auditor Report. Seven (7) standards were exceeded. Number of standards exceeded: 7 Number of standards met: 32 Number of standards not met: 0 Number of standards not applicable: 2 Standard Zero tolerance of sexual abuse and sexual harassment; PREA Coordinator PREA Audit Report 4

5 Section 1.02 Organizational Chart A&P Policy 1.08 (Mission, Goals, and Philosophy) Youth Center of the High Plains (YCHP) has a zero tolerance policy toward all forms of resident sexual abuse and sexual harassment. It is outlined in Section 35 (S35) PREA Policy. S35 outlines the agency s approach to preventing, detecting, and responding to sexual abuse and sexual harassment and includes such definitions that are congruent with the PREA standards. S35 includes a description of agency strategies and responses to reduce and prevent sexual abuse and sexual harassment of residents. The policy follows the layout of the PREA standards sequentially. Beyond the policy, though, YCHP has a culture that also exemplifies this zero tolerance and is a place where residents feel abundantly safe. All interviews with staff, residents, and specialized staff affirm the zero tolerance policy and measures of prevention, detection, and response strategies. YCHP has appointed an upper-level PREA Coordinator who also serves in the position of Director of Training; Barry Gilbert. The auditor reviewed the agency organizational chart, which designated Mr. Gilbert as the Director of Training and the PREA Coordinator. He reported that he has sufficient time and has authority to develop and oversee agency PREA compliance efforts. Interviews and discussion indicated this was accurate and that the agency and leadership come together to support the PREA Coordinator and institutionalize sexual safety efforts. The PREA Coordinator reports directly to Chief Juvenile Probation Officer. Interviews with the Chief Juvenile Probation Officer revealed that PREA compliance efforts are a priority and there is much support given to the PREA Coordinator for this endeavor. YCHP only operates one facility and therefore a PREA Compliance Manager is not a requirement. No corrective action is necessary. Standard Contracting with other entities for the confinement of residents Not Applicable PREA Audit Report 5

6 Not applicable This standard is not applicable to YCHP as they do not contract for the confinement of residents. Discussion with leadership affirmed this. There is no corrective action necessary. Standard Supervision and monitoring Staffing Plan Development document Safe Housing Staffing Plan YCHP make its best efforts to comply on a regular basis with a staffing plan that provides for adequate levels of staffing, and, where applicable, video monitoring, to protect residents against abuse. Page 257/258 of S35 addresses this standard and lists the 11 required elements of provision (a). The staffing plan is predicated on an average daily population of 55 residents. Both the Superintendent (Deputy Chief JPO) and the PREA Coordinator were interviewed and articulated how the facility complies and maintains adequate staffing levels; explaining that they comply with minimum staffing ratios mandated by the State and that YCHP generally exceeds those. Upon doing the site review, the auditor s observations affirmed this. In addition to the direct supervision staff in each pod, YCHP has floaters to assist in supervisions, movement, crisis management, etc. The Superintendent stated that supervisors also float and that the supervisors have camera access for monitoring capabilities as well. The auditor was provided a Safe Housing Staffing Plan to review. It addressed each of the 11 required elements of provision (a) and reflecting, in part, there have been no judicial or federal findings of inadequacy. YCHP adheres to TJJD and PREA standards, applicable Texas Administrative Code. As far as internal and external oversight bodies, YCHP has annual TJJD audits and they address any deficiencies as a result of that audit. PREA Audit Report 6

7 S35 mandates that YCHP document any deviations from the staffing plan, though, they reported that there had been none. Auditor observations and discussion seemed to corroborate this also. On the Pre-Audit Questionnaire, YCHP asserted that they do not yet maintain ratios of 1:8 during the day and 1:16 at night. Rather, S35 states, The facility maintains supervision staff ratios as required by TAC 343 which are currently 1:12 during program hours and 1:24 during non-program hours. Effective October 1, 2017, PREA standards require supervision staff ratios of 1:8 during program hours and 1:16 during non-program hours, except during limited and discrete exigent circumstances, which must be fully documented. YCHP reported that they do conduct a staffing plan review at least annually in collaboration with the PREA Coordinator in order to assess adjustments that may be needed. The auditor was provided with a Staffing Plan document which reflected that the administrative team, which includes the PREA Coordinator, met to review the staffing plan. This occurred on May 27, Policy S35 outlines the practice of unannounced rounds (page 258). It states, The facility conducts and documents monthly unannounced rounds on all shifts by intermediate and higher level staff (Director of Training, Director of Personnel, Deputy Director, Deputy Chief Juvenile Probation Officer, Chief Juvenile Probation Officer) to identify and deter staff sexual abuse and sexual harassment. It further outlines that the rounds will be conducted in a random manner and documented electronically. The auditor was provided with documentation verifying these rounds and it appears, in practice, they occur more frequently than once per month. There is no corrective action necessary. Standard Limits to cross-gender viewing and searches The Pre-Audit Questionnaire indicated that YCHP does not conduct cross-gender strip searches, body cavity searches, or pat down searches and has had zero (0) such incidents in the 12-month review period. Interviews of staff, residents, and administration consistently corroborated that. There had never been an instance in which it had happened, even in exigent circumstances. Therefore, there were no logs or documentation of cross gender searches for the auditor to review. Policy S35 addresses provisions (a), (b), (c), and (e), but only part of provision (d) and does not address provision (f). PREA Audit Report 7

8 YCHP has implemented policies and procedures that enable residents to shower, perform bodily functions, and change clothing without non-medical 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. YCHP has not implemented policies and procedures that require staff of the opposite gender to announce their presence when entering a resident s housing unit or areas where residents are likely to be showering, performing bodily functions, or changing clothing. YCHP does have a unique set up in which all pods are co-ed (housing male and female residents). Co-ed housing is a principle that YCHP stands by and creates staffing and supervision around. The auditor observed that each resident has a single room and is afforded the opportunity to shower, change clothes, and perform bodily functions without being viewed by staff at all except incidental to routine room checks. Residents appeared to have privacy in that manner to more of an extent that most other placements. Residents consistently reported this to be true as well. For this reason, the auditor concurs that announcing opposite gender staff would be moot. Policy and practice is in place at YCHP that prohibits the search or physical examination of a transgender or intersex resident for the purpose of determining genital status, which is asserted on page 258 of Policy S35. This was echoed in all staff interviews; they articulated unequivocally that was not permitted and that the PREA Coordinator, Chief Juvenile Probation Officer, and management team would be notified and would determine measures that needed to be taken, should there be a transgender or intersex resident admitted. There were no transgender or intersex residents at the facility at the time of the onsite audit and none were observed by the auditor. Therefore, none were interviewed for verification. Provision (f) regarding staff training for cross-gender pat downs is not addressed in policy. Policy prohibits crossgender pat downs even in exigent circumstances and this was echoed by all staff and residents, therefore, YCHP would not need to ensure staff have this training. Most staff did report having received it, however, and the auditor was provided documentation of this training. The strict culture of prohibiting cross-gender viewing, the privacy afforded to the residents, and the cross-gender pat down training exceeds this standard. No corrective action is necessary. Standard Residents with disabilities and residents who are limited English proficient Video and video transcript ANE (Abuse, Neglect, Exploitation)/PREA pamphlet (English and Spanish) PREA Audit Report 8

9 Page 258/259 of Policy S35 addresses each provision of this standard and mandates that YCHP takes appropriate steps to ensure that residents with disabilities have an equal opportunity to the agency s efforts to prevent, detect, and respond to sexual abuse and sexual harassment. Several resources are available to carry this out including bilingual staff, a video, and interpreter service. YCHP created an intake video which contains comprehensive education about sexual safety and PREA. The auditor viewed the video while onsite. YCHP has not yet admitted Limited-English proficient (LEP), visually- or hearing impaired residents. Residents that have spoken Spanish have also been fluent in English. For those who have intellectual, psychiatric, or speech disabilities the auditor gleaned information from residents, officers/staff members, and document review the affirming the availability and awareness of resources for such residents. Staff and leadership consistently conveyed a culture that is highly responsive to resident needs and not one in which they would be given information without ensuring there was full comprehension by the resident. Residents are provided information about PREA directly upon intake by the intake officer. The intake officer is a specialized position that requires additional training and is a promotion opportunity. This further ensures fidelity and quality in the intake process. Interviews were conducted with intake officers related to PREA. Intake officers articulated that they are vigilant of indications that a resident may have a disability; mental illness, reading, cognitive delay, etc. The auditor did not note resources for deaf or hard-of-hearing residents. The use of an educational video with subtitles for hearing impaired is recommended. For visually-impaired residents, the audio on the educational video could be utilized. The auditor was able to identify a few residents with intellectual disabilities with which to interview. These residents were aware of the PREA information and reported that staff did ensure they understood the material. YCHP takes steps to ensure meaningful access to the facility s efforts to prevent, detect, and respond to sexual abuse and sexual harassment for LEP residents. There are Spanish-speaking staff members and the ANE (Abuse, Neglect, Exploitation)/PREA pamphlet is available in Spanish. The Intake Officer did not recall having a resident admitted that was not fluent in English. The facility has access to a translation service, which was explained by an Intake Officer that was interviewed as well as the Chief JPO; Language Line Services. Random staff interviews indicated that staff were aware of the prohibition of relying on resident interpreters. It was consistently reported during interviews and there have no instances of such. 1. YCHP shall have access to resources for hearing-impaired residents. Subtitles on the educational video and/or other means of being able to provide materials and information to residents who are hearing-impaired could be considered as well. Update 10/11/16: 1. YCHP now has available the transcript of the resident PREA education video for any resident that is hearimpaired. Upon the admission of a hearing-impaired resident, staff would provide the transcript and ensure comprehension of said material. The PREA Coordinator provided the auditor with the transcript for review. This item is satisfied. Standard Hiring and promotion decisions PREA Audit Report 9

10 Administrative and Personnel Policy 2.09 Administrative and Personnel Policy 1.06 Personnel records and employment records YCHP does not hire or promote anyone nor enlist the services of a contractor that has engaged in the activity described in (a). The Director of Personnel was interviewed and explained the process by which the agency vets applicants, which entails criminal background check through NCIC/TCIC, child abuse registry and local sex offender registry. This is completed for each applicant prior to interviewing. If those checks are clear, the employee is then entered into the FAST system and a FAST background check is run. The facility reported on the Pre-Audit Questionnaire that 21 background checks had been completed during the review period. The auditor reviewed personnel records while in the HR office. Files were selected at random and included new hire staff, veteran staff, contractors, and volunteers. Every file that was reviewed contained the required background check documentation. The Director of Personnel explained that incidents of sexual harassment are definitely considered when determining whether to hire or promote someone. In regard to a new hire, any information obtained regarding incidents of sexual harassment (from outside sources, via reference checks, etc) would be considered prior to hiring. In the short time the Director of Personnel has been in the position (approximately 4 months), she asserted that she does not recall receiving applicants who had former institutional employers. She did explain that they use a Reference Questions form, which was shown to the auditor. This form is used for contacting former employers and the last question on the form states, To your knowledge, has the applicant ever been investigated or disciplined for sexual harassment/sexually inappropriate conduct? The auditor also requested and was provided completed reference checks forms. It was reported that this form had been in place prior to the Director of Personnel taking the position. During records review, the auditor found two (2) applicants that had listed prior institutional employers on their applications, however, they both applied in 2014; prior to the efforts of PREA compliance. The Director of Personnel asserted that the same background and fingerprint check occurs prior to the enlistment of contractors and the Pre-Audit Questionnaire showed there had been criminal background checks on 5 contractors during the review period. Again, the auditor reviewed personnel records while in the HR office. Files were selected at random and included contractors and volunteers. Every file that was reviewed contained the required background check documentation. The auditor learned that the facility conducts FAST criminal background checks on all employees every two (2) years as part of the officer recertification. The facility did not demonstrate that non-uniform employees have background checks at least every five (5) as required by this standard, however, all employees are entered into the FAST system, which provides auto-notification upon an employee having law enforcement contact. This was verified by the auditor via review of random personnel records. YCHP asks applicants about previous misconduct described in provision (a), though, the facility did not demonstrate PREA Audit Report 10

11 that there was a mechanism in place to do the same for employees up for promotion. For applicants, this is done using a Pre-Employment Screening form. This form cites a slew of different questions regarding the applicant s history. Question #30 inquiries about whether the applicant has been accused of or had disciplinary action for any behavior perceived by another to sexually inappropriate or sexual harassment. This language should be revised to reflect the required language in provision (a) of this standard. Page 259/260 of Policy S35 mandates that material omissions regarding misconduct related to sexual abuse and sexual harassment is grounds for termination. There were no such instances for the auditor to review. Policy language was found, on page 260 of S35, regarding providing information on substantiated allegations of sexual abuse or sexual harassment involving former employees, upon receiving a request from another institutional employer. The auditor was not provided with information or documentation to verify whether this was a consistent and formalized practice. It is recommended that YCHP have a form letter, or the like, with which to respond to such requests. 1. YCHP shall amend the Pre-Employment Screening form to reflect the requirements of provision (f). 2. YCHP shall ensure that employees up for promotion are also asked about any misconduct described in provision (a) of this standard. 3. YCHP shall demonstrate institutionalization of the practice of providing information on substantiated allegations of sexual abuse or sexual harassment involving former employees, upon receiving a request from an institutional employer. Provide the auditor with any such examples of documentation. Update 10/11/16: 1. On 10/11/16, the PREA Coordinator sent the revised Pre-Employment Screening form. The form accounts for the needed requirements of provision (f). For verification, the auditor also requested and received completed forms from applicants that had since applied. This item is satisfied. 2. On 10/11/16, The PREA Coordinator sent the Promotion Questionnaire form. This form is now the method by which the agency ensures that employees up for promotion are asked about misconduct described in provision (a) of this standard. It addresses and satisfies this requirement. For verification, the auditor also requested completed forms, but no promotions had occurred since the audit. This item is satisfied. 3. On 10/11/16, the PREA Coordinator sent the Reference Questions form. This form, at the bottom, inquires, To your knowledge, has the applicant ever been investigated or disciplined for sexual harassment/sexually inappropriate conduct? The staff member conducting the reference check then documents the response and signs/dates the form. For verification, the auditor also requested and received completed Reference Questions forms. This item is satisfied. Standard Upgrades to facilities and technologies PREA Audit Report 11

12 YCHP reported on the Pre-Audit Questionnaire there had been no expansions or modifications to the facility since August 20, They reported there had been updates to video monitoring, which consisted of enhancing camera coverage. Interviews with the Director/Agency Head affirmed there had been no expansions or modifications to the facility and that video monitoring occurs primarily through Main Control. He also reported the monitoring technology to be useful for post-incident review, but also Main Control is quick to notify leadership if anything out of the ordinary is seen via video camera. No corrective action is necessary. Standard Evidence protocol and forensic medical examinations MDT (Multi-Disciplinary Team Member/New Investigator) Handbook Family Support Services MOU (a) Word document YCHP does conduct administrative investigations of all allegations of sexual abuse and sexual harassment. The PREA Coordinator, Deputy Chief Juvenile Probation Officer, or Deputy Chief Facility Administrator conduct administrative investigations of sexual abuse/harassment. All allegations are reported to TJJD. Criminal investigations are referred to local law enforcement; Randall County Sheriff s Office (RCSO). The auditor was provided documentation of the uniform evidence protocols used by the Randall County Sheriff s Office; Texas Code of Criminal Procedure, Texas Rules of Evidence, Randall County Sheriff s Department Policy and Procedures. Policy S35 cites this standard on page 260 as such: a. Evidence Protocol and Forensic Medical Examinations- The Department follows a uniform evidence protocol that is developmentally appropriate for youth based upon the most recent edition of A PREA Audit Report 12

13 National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents when investigation allegations of sexual abuse. i. Where evidentiary or medically appropriate, the Department transports residents who experience sexual abuse to a hospital, clinic, or emergency room that can provide for a medical examination by a Sexual Assault Nurse Examiner (SANE), Sexual Assault Forensic Examiner (SAFE), or other qualified medical practitioner. ii. The Department makes available to the resident who experiences sexual abuse a victim advocate from (Family Support Services). iii. If requested by the resident who experiences sexual abuse, the victim advocate will accompany and support the resident through the forensic medical examination process and investigatory interviews and must provide emotional support, crisis intervention, information, and referrals. While the auditor was provided with the protocols used by the Sheriff s Office, YCHP s Coordinated Response Plan document outlines a uniform evidence protocol for administrative investigations that maximizes potential for obtaining physical evidence. Specifically, this document outlines First Responder and On-Duty Shift Supervisor Duties as well as Evidence Preservation among other things. The policy language pertaining to this standard, listed above, could be strengthened by using verbiage from the Coordinated Response Plan to further outline how to maximize potential for obtaining usable physical evidence. YCHP included a MDT Handbook published by the Bridge Children s Advocacy Center. The PREA Coordinator reported that the MDT handbook is the standard that all law enforcement, the prosecutor s office, Family Support Services, and the SANE have agreed to abide by in the case of any sexual assault. YCHP s investigative protocol is adapted from this publication, which is similarly comprehensive as compared to the A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents, as required by this standard and it is developmentally appropriate for youth. YCHP ensures that all resident sexual abuse victims have access to forensic medical exams at an external facility where forensic exams are performed by Sexual Assault Nurse Examiners without cost to the alleged victim. There were no forensic exams performed or warranted during the review period. The Pre-Audit Questionnaire as well as policy asserts that the facility attempts to make available a victim advocate from a rape crisis center to a victim of sexual abuse. Family Support Services are used for this service, which is stated in Policy S35 on page 260. These services would be coordinated by the PREA Coordinator and leadership team in the event of a sexual abuse, though, there had been no such event during the review period. YCHP established an MOU with Family Support Services, which was signed by all parties in July YCHP reported on the Pre-Audit Questionnaire that provision (f) is not applicable, however, because YCHP conducts administrative investigations and RCSO conducts criminal investigations, YCHP needs to request RCSO to follow the requirements of (a)-(e) of this standard. The auditor was not provided with documentation or verification of such. Provision (g) is not applicable to determining the facility s PREA compliance. Provision (h) is not applicable to determining the facility s PREA compliance. 1. Provide verification that YCHP has requested of RCSO to follow the requirements of (a)-(e). Update 10/21/16: PREA Audit Report 13

14 1. The PREA Coordinator provided the auditor with correspondence and a letter to the RCSO Sheriff citing this standard. This item is satisfied. Standard Policies to ensure referrals of allegations for investigations Investigative records PREA Log Agency Website YCHP does ensure an administrative or criminal investigation is completed for all allegations of sexual abuse and sexual harassment. That was clear and evident to the auditor. Through interviews with the agency head, PREA Coordinator, random staff, residents, and informal discussion it was evident that allegations of sexual abuse and sexual harassment are taken seriously and are acted upon right away. In the past 12 months there were six (6) allegations or investigations of sexual abuse or sexual harassment. Investigations were completed for each one. Three (3) resulted in administrative investigation and six (6) resulted in criminal investigation. The auditor was provided the PREA Log, which listed all six (6) allegations. The auditor did notice, however, that no allegations of sexual harassment were listed. It is recommended that YCHP differentiate sexual abuse versus sexual harassment on the PREA Log. Reports of sexual harassment did occur during the reporting period and were addressed by YCHP, though, they were not listed on the PREA Log and it did not appear that they were included in any PREA data. YCHP ensures allegations of sexual abuse and sexual harassment are referred to the Randall County Sheriff s Office (RCSO) and/or to TJJD to conduct criminal investigations, unless it involves no potential criminal activity. Policy S35 cites this on page 260. Pursuant to provision (b) of this standard, this policy shall be published on the agency s website. The policy and information on the agency website shall describe the responsibilities of both the agency and the investigating entity, pursuant to provision (c). Provision (d) is not applicable in determining PREA compliance of this facility. Provision (e) is not applicable in determining PREA compliance of this facility. 1. Account for both sexual abuse and sexual harassment. One suggestion is to include that on the PREA Log. It shall be included in PREA data for YCHP also. 2. YCHP shall publish their policy on the agency website and, pursuant to provision (c), it shall describe the PREA Audit Report 14

15 responsibilities of both the agency and the investigating entity. Update 12/22/16: 1. On 10/11/16, the PREA Coordinator provided the PREA Data Spreadsheet that now accounts for both types of allegations; sexual abuse and sexual harassment. This item is satisfied. 2. On 12/22/16, the auditor was provided with and verified verbiage that is now on the agency website. Policy excerpt is posted on the website and under the heading Referrals to Law Enforcement, it states the following: Pursuant to the Prison Rape Elimination Act, the Randall County Juvenile Probation Department has adopted the following policy: All allegations or outcries of sexual abuse made by a resident or former resident shall be investigated administratively and referred to the Randall County Sheriff s Department. All allegations of sexual harassment made by a resident shall be investigated administratively, and where the conduct appears to constitute criminal conduct the allegation shall be referred to the Randall County Sheriff s Department. All allegations of sexual abuse and sexual harassment shall be documented and assigned a local case number. Aggregated data on allegations of sexual abuse and sexual harassment will be posted to the Randall County Juvenile Probation Department s website annually. This item is satisfied. Standard Employee training PREA Powerpoint Training Sign-in Sheets Certificate For Credit form YCHP policy S35 mandates PREA training for all its employees and it references the 11 required training elements of provision (a) by stating on page 261: All new employees who may have contact with residents are required to receive PREA training which is provided in the Department s Juvenile Supervision Officer Basic Training. PREA Audit Report 15

16 Each employee will be provided with refresher PREA related training at least every two years to ensure that all employees know the Department s current sexual abuse and sexual harassment policies and procedures. The auditor was provided curricula, policy, and training material. The training curriculum provided addressed all eleven (11) required elements of provision (a). Staff interviews indicated that there was a depth of PREA knowledge throughout the facility. Staff articulated the elements of this standard well and most consistently reported that they receive this in their Block training annually (though, facility report and policy says every 2 years). Staff described training as being delivered in the classroom by the PREA Coordinator through use of a Powerpoint, video, and handouts. A post-test is also incorporated. YCHP reported on the Pre-Audit Questionnaire that 89 employees that had received the training during the review period. The auditor reviewed training records to verify the completion of training and found records for all staff that were pulled which largely included security staff but also support staff (clerical, maintenance, kitchen staff, etc.). Pursuant to provision (b), training material is tailored to the needs and attributes of the population and gender of the residents was not provided. Since YCHP has only one facility, employees are not reassigned to other facilities housing opposite gender residents. Both gender residents reside at the facility. Policy S35 mandates refresher training every 2 years, which is congruent with this standard. This standard also requires that the year in which an employee does not receive refresher training, the agency shall provide refresher information on current sexual abuse and sexual harassment policies. As it currently is, the policy on this at YCHP is not strong enough to meet the standard, with the following on page 261, The Department provides and makes readily available to all employees current sexual abuse and sexual harassment policies. Policy S35 does not address the documentation of training through signature or electronic verification. Provision (d) of this standard, and interpretive guidance through the Department of Justice, requires that staff sign and acknowledge that they have received and understood the PREA training. Practice at YCHP is that employees sign a group sign-in sheet upon receipt of training. Interpretive guidance for this provision mandates that employees sign acknowledging they have received and understand the PREA training. This minor change should be reflected in the verification of training at YCHP. All current employees have received PREA training. The auditor verified by looking at training records. The review of training records included a diagonal slice of personnel; veteran staff, new staff, contractors, volunteers, etc. 1. Years in which an employee does not receive refresher training, YCHP shall provide refresher information on current sexual abuse and sexual harassment policies. It is not enough to simply make PREA policy available to staff. 2. YCHP shall ensure that employees sign and acknowledge they have received and understand their PREA training. Update 10/21/16: 1. On 10/21/16, YCHP has amended policy and practice to address the frequency of employee training. During this corrective action period, staff have been and are being updated on changes related thereto. Moving forward, the PREA Coordinator (also Training Director) has implemented an e-learning module that will be completed by staff annually. The auditor was provided this curriculum for review and approval. This item is satisfied. 2. The auditor was provided with a Certificate For Credit verification form for acknowledgement of staff PREA training. The form contains the following statement that is acknowledged and signed by staff: I do hereby certify that I attended the above listed training and was present at the course of instruction; I further attest that I understand the training and will comply with the Standards related to PREA and applicable Randall County Policy and Procedures. PREA Audit Report 16

17 This item is satisfied. Standard Volunteer and contractor training PREA Contractor, Volunteer Verification form Current Approved Volunteer List as of 8/9/16 Personnel records PREA Powerpoint for Contractors Asserted by Policy S35, volunteers, contractors, and interns are oriented to the agency PREA policies as well as TJJD Abuse, Neglect, and Exploitation policies. The auditor interviewed the staff member charged with overseeing this. This procedure was explained and the auditor was provided with the volunteer training packet and Powerpoint as well as the Contractor, Volunteer Verification form. These materials are used collectively to meet this standard. The volunteer packet consists of required forms, application, checklist, information about YCHP philosophy, etc. It does not contain information specific to PREA. However, contractors, volunteers, and interns are trained via the Powerpoint and this is documented via the Contractor, Volunteer Verification form. The Powerpoint exceeds what is required in this standard as it not only covers the zero tolerance policy and how/whom to report, but also each of the standards that apply to contractors along with the dynamics of sexual abuse, victim services, investigations, etc. The auditor interviewed a contractor and a volunteer. Each of the interviews indicated that the volunteer/contractor had received the PREA training and they were aware of their duties and avenues to report sexual abuse and sexual harassment. This was verified via record review, which revealed that each random file pulled contained the Approved Volunteer/Contractor Listing with background and DFPS checks. All contractors and volunteers receive the same amount of training, which includes the information in the Powerpoint. This training for the contractors and volunteers at YCHP exceeds this standard. No corrective action necessary. Standard Resident education PREA Audit Report 17

18 Residential Orientation Packet (created 1/27/12, revised 10/26/15) Detention Reference Book YCHP Residential Treatment Program Orientation acknowledgement form Understanding PREA form ANE/PREA pamphlet, Spanish and English PREA Video for residents Upon intake and as guided by Policy S35 (page 261), residents receive PREA information on the agency s zero tolerance policy and how to report such incidents among other things. This is part of the intake process and is performed by an Intake Officer that has been designated as such after receiving additional specialized training to do so. The Intake Officer interviewed by the auditor was very thorough and knowledgeable when explaining the PREA information provided to residents. The auditor gleaned that residents received this information within 1-2 hours of arriving and includes a pamphlet that has ANE (Abuse, Neglect, and Exploitation) information on one side and PREA information on the other side. In addition, the auditor reviewed the Residential Orientation Packet and Detention Orientation Packet that is used upon intake. Contained in the Residential Packet is an acknowledgement form that the resident and the Intake Officer signs. It denotes the start time of the intake (where upon the officer and resident also print their names, at the top) and then it denotes the end time of the intake at the bottom in which they sign. This form is a checklist type of form. Neither the Residential Packet nor the form say the anything about PREA or sexual abuse/sexual harassment. They should both be revised to reflect PREA education. On the detention side and similar to the Residential Orientation Packet, residents are given the Detention Reference Book which contains similar information. The auditor reviewed an intake packet/envelope which, in part, contained a form that explains reporting to TJJD any abuse, neglect, or exploitation. The resident acknowledges and signs this on the top portion of the form. On the bottom portion of the form, the resident signs and acknowledges the Understanding PREA portion of the form. The auditor noted that these forms were in resident files up on records review. One element is missing from this form on the Understanding PREA portion, is that it addresses sexual abuse only. This should reflect sexual harassment as well. Overall, sexual harassment should be equally emphasized to residents as well as staff. For additional, comprehensive education residents watch a video upon intake that informs them about PREA and sexual safety at YCHP. The video was created by YCHP and is, therefore, facility specific and incorporates messages from leadership regarding sexual safety at YCHP. In practice and as reflected during resident interviews, residents were knowledgeable about PREA and their rights to be free from sexual abuse and sexual harassment. Every resident interviewed was able to articulate this and every one reported that they felt very safe at YCHP and that staff would protect them if they were ever to be sexually abused or sexually harassed. YCHP reported that 182 residents were admitted and received comprehensive education during the review period. YCHP also reported that any residents that were admitted prior to implementing comprehensive PREA education within 10 days of intake, were educated by April 2, PREA Audit Report 18

19 As noted in the auditor comments of , resources are available for providing resident education in formats that are accessible to LEP (Limited-English proficient) residents as well as disabled residents or those that have limited reading skills, or the like. As stated on the Pre-Audit Questionnaire, YCHP does not have resources for hearing impaired residents. The audio on the educational video can be utilized for visually-impaired residents. Specifically, for LEP residents, the ANE/PREA pamphlet is available in Spanish as well as English. The Intake Office interviewed explained that there is also access to a translation service for LEP residents, which was discussed by the Chief JPO as well. For those who have intellectual, psychiatric, or speech disabilities the auditor gleaned information from residents, officers/staff members, and document review the affirming the availability and awareness of resources for such residents. Staff and leadership consistently conveyed a culture that is highly responsive to resident needs and not one in which they would be given information without ensuring there was full comprehension by the resident. Residents are provided information about PREA directly upon intake by the intake officer. The intake officer is a specialized position that requires additional training and is a promotion opportunity. This further ensures fidelity and quality in the intake process. Interviews were conducted with intake officers related to PREA. Intake officers articulated that they are vigilant of indications that a resident may have a disability; mental illness, reading, cognitive delay, etc. The facility keeps PREA information continuously and readily available to residents via posters throughout the facility. This posted in formation was observed throughout the site review by the auditor. Signage was posted in both English and Spanish and were in each living unit, in hallways, classrooms, etc. 1. YCHP shall revise the Understanding PREA form to reflect sexual harassment as well as sexual abuse. 2. Incorporate PREA education into the Residential Orientation Packet and the Residential Orientation checklist/acknowledgement form. 3. YCHP shall have access to resources for hearing impaired residents. The use of subtitles of the educational video could be used for hearing impaired. Update 11/19/16: 1. On 11/9/16, the Understanding PREA form was provided and now reflects, at the bottom of the Major Rules Violation Policy section, contains sexual abuse and sexual harassment language. This item is satisfied. 2. On 11/9/16, the PREA Coordinator provided revised Residential Orientation Packet which now reflects and acknowledges PREA education. The PREA education acknowledgement was added at the bottom of the Major Rules Violations Policy acknowledgment section. This item is satisfied. 3. As stated also in corrective action, YCHP now has available the transcript of the resident PREA education video for any resident that is hear-impaired. Upon the admission of a hearing-impaired resident, staff would provide the transcript and ensure comprehension of said material. The PREA Coordinator provided the auditor with the transcript for review. This item is satisfied. Standard Specialized training: Investigations PREA Audit Report 19