Attachment T Elimination-and-Reporting-of-Sexual-Abuse-and-Harassment_RF-701-18.pdf

POLICY

POLICY: Elimination and Reporting of Sexual Abuse and Harassment- PREA Juvenile Facility Standards Compliance

NUMBER: RF-701-18

APPLICABLE TO: All DJS Employees, Volunteers, Contracted Program Providers, and

Residential Child Care Programs Licensed by DJS

APPROVED: /s/ signature on original Sam Abed, Secretary

DATE: 4/27/18

I. POLICY

The Department of Juvenile Services has zero tolerance for all forms of sexual abuse and harassment against any youth in its custody and in its licensed or contracted residential programs. Suspected or alleged acts of sexual abuse and harassment shall be referred for investigation to the Department of Social Services, Child Protective Services Division, DJS Office Inspector General (OIG) and law enforcement in accordance with applicable laws and regulations.

The Department of Juvenile Services shall establish operating procedures to ensure compliance with the federal Prison Rape Elimination Act (PREA), Juvenile Facility Standards. The Department of Juvenile Services shall employ or designate an upper-level, agency-wide PREA Coordinator with sufficient time and authority to develop, implement, and oversee agency efforts to comply with the PREA standards and shall designate PREA compliance managers to coordinate efforts to comply with PREA in all of its facilities.

II. AUTHORITY

A. P.L. 108-79, 108th Congress, Prison Rape Elimination Act (PREA) of 2003, B. Md. Code Ann., Human Services, §9-203 and §9-204.

C. Md. Code Ann., Criminal Law Article, § 3-303 to §3-314 and §9-501 to §9-503 D. Md. Code Ann., Family Law Article, §5-701 to §5-715 E. Md. Code Ann., Human Services Article, §9-227 and §9-229 F. COMAR 07.02.07.01 to 07.02.07.22 G. COMAR 16.05.01 to 16.06.04 H. National Prison Rape Elimination Commission, Standards for Juvenile Facilities

(see at http://nprec.us/publication/standards/juvenile_facilities/) I. American Correctional Association (ACA) Standards, 4-JCF-3A-02, 4-JCF-3D-02, 4-JCF-3D-04, 4-JCF-3D-07, 4-JCF-3D-08, 4-JCF-3D-09, and 4-

JCF-4C-50.

• f t

MARYLAND

Department of Juvenile Services

Successful Youth • Strong Leaders • Safer Communities http://nprec.us/publication/standards/juvenile_facilities/

Elimination and Reporting of Sexual Abuse and Harassment- PREA

RF-701-18

4/27/18

III. DIRECTIVES/POLICIES RESCINDED

None

IV. FAILURE TO COMPLY

Failure to comply with the Department’s Policy and Procedures shall be grounds for disciplinary action up to and including termination of employment.

V. STANDARD OPERATING PROCEDURES

Standard operating procedures have been developed.

VI. REVISION HISTORY

DESCRIPTION OF REVISION DATE OF REVISION

New policy issued in compliance with the federal Prison Rape Elimination Act (PREA)

6/16/10

Old policy (RF-01-09) rescinded; new policy issued (RF-701-14) to conform to new policy formatting requirements.

Substantive changes made to the procedures include the following revisions to ensure compliance with the final rules of the federal Prison Rape Elimination Act (PREA):

1. Added requirement that LGBTQ youth shall be housed in the least restrictive setting.

2. Additional supervision and monitoring procedures.

3. Added procedures for the notification of the results of the investigation, administrative actions/discipline, and criminal charges.

4. Added list of hospitals with qualified forensic medical examiners.

5. Additional procedures for the DJS OIG to monitor for retaliation.

6. Added sections for:

a. PREA Mandated Disclosure Form

b. Youth Education

c. Facility Upgrades and Technologies

d. Interventions

e. Youth Notifications

f. Disciplinary Sanctions for Staff and Youth

g. Ongoing Medical and Mental Health Services

h. Corrective Actions for Contractors and Volunteers

i. Data Collection, Review, and Publication

2/4/15

Added Section F - Post Allegation Protective Custody 4/21/15 Added requirement in Section I for staff to report any contractor or volunteer who engages in sexual abuse to relevant licensing bodies

6/29/15

Procedures Revisions:

• Updated definitions.

• Prevention section - any new contract or contract renewals for confinement of youth require the contractor to comply with PREA standards and permit monitoring for compliance.

• New section - Specialized Training for Investigators and Medical and Mental Health Staff.

• Youth Education section:

o Trusted adults changed to all staff.

o Key information about PREA is continuously and readily available or visible to youth via posters, handbooks and other written materials.

o Facility CMS and QBHP shall assist youth as appropriate in making contact with community advocates for counseling. DJS shall enter into a memorandum of understanding with community advocate organizations.

• Reporting section:

o Staff may privately report sexual abuse or harassment of youth by contacting Child Protective Services (CPS) and completing an incident report.

o Youth who require appropriate auxiliary aids or services which are necessary to ensure effective communication shall be provided those aids or services in accordance with the Accessibility for Youth with Hearing Impairments and Communication with Limited English Proficient Persons policy and procedures.

• Interventions section- added that administrative action must be completed if the alleged perpetrator is a staff.

• First responder section:

o Separate the youth and the alleged perpetrator to prevent any continued communication.

o Request versus ensure that the alleged victim does not shower, eat, drink, brush their teeth, urinate, defecate, smoke or change clothes until after evidence is collected. Staff shall communicate to youth the importance of preserving the evidence.

• Shift Commander section:

o Initiate the Coordinated Response Plan.

• Behavioral Health Staff section -the QBHP provides 24/7 on call services.

• Investigation section - MSP leads the criminal investigation and determines criminal charges.

• Protective Custody section -youth in seclusion for four (4) hours or greater must be approved by the Executive Director, changed from 8 hours.

• Ongoing Medical and Behavioral Health services:

o Updated screening tool.

o Included services for perpetrator.

• Disciplinary Sanctions for Staff section -all terminations for violations of departmental sexual abuse and harassment policies and procedures, or resignations by staff that would have been a termination if not for their resignation, shall be reported to MSP and to any relevant licensing bodies unless the activity was clearly not criminal.

• Retaliation section:

o Youth may also be transferred to a different housing unit or facility. This information will be shared with the youth’s parent or guardian and the Community CMS.

o For at least 90 calendar days following a report of sexual abuse, the Youth Advocate shall monitor youth and complete status checks.

o For at least 90 calendar days following a report of sexual abuse, the PREA Compliance Manager shall monitor the youth and staff and complete bi-weekly status checks.

o If there are any findings of retaliation against youth or staff, the Youth Advocate or PREA Compliance Manager will act promptly to remedy any such retaliation by reporting to the Superintendent and the Executive Director of Residential Services and Deputy Secretary of Operations.

• Facility Updates and technologies section – the Superintendent, in consultation with the PREA Coordinator, shall assess, determine and document facility vulnerability to protect youth from sexual abuse utilizing the Facility Vulnerability Assessment Tool annually.

• Data Storage, Publication and Destruction of Records section- records shall be retained in accordance with the department’s record retention schedule.

PROCEDURES

NUMBER: RF-701-18

APPROVED: /s/ signature on original Linda McWilliams, Deputy Secretary

DATE: 4/26/18

I. PURPOSE

The Department of Juvenile Services (DJS or Department) establishes the Elimination and Reporting of Sexual Abuse and Harassment Procedures in accordance with the Prison Rape Elimination Act (PREA) Juvenile Facility Standards, to prohibit and prevent sexual abuse and harassment and to detect, report, investigate, and address any allegation of sexual abuse or harassment involving any youth in the custody of DJS and its licensed or contracted residential program providers.

II. DEFINITIONS

Allegation means an assertion that an act of sexual abuse and/or harassment occurred.

Following an investigation of the allegation, one of the following dispositions will be made:

• Substantiated (Indicated) – the event was investigated and determined to have occurred, based on a preponderance of the evidence.

• Unsubstantiated – the investigation concluded that evidence was insufficient to determine whether or not the event occurred.

• Unfounded (Ruled Out) – the investigation determined that the event did not occur.

Contractor means a person who provides services to DJS youth pursuant to a contractual agreement with the Department.

Health Care Practitioner means clinicians trained to diagnose and treat patients to include, physicians, dentists, psychologists, podiatrists, optometrists, nurse practitioners and physician assistants.

• f t

MARYLAND

Department of Juvenile Services

Health Care Professional means staff who perform clinical duties to include, health care practitioners, nurses, social workers, dietitians, emergency medical technicians in accordance with each health care professional’s scope of training and applicable licensing, certification, and regulatory requirements.

Intersex means a person whose sexual or reproductive anatomy or chromosomal pattern does not seem to fit typical definitions of male or female. Intersex medical conditions are sometimes referred to as disorders of sex development.

PREA Response Kit is a kit that contains the supplies necessary for staff to preserve and document forensic evidence after an alleged sexual assault in preparation for a youth to receive a forensic examination at a local hospital and for investigation by police.

Qualified Behavioral Health Professional (QBHP) means the individuals employed by or contracted with DJS who provide evaluation, treatment, care, or rehabilitation to DJS youth for mental health and substance abuse services which may include their families.

These include all staff licensed, or a doctoral level psychologist under the supervision of a licensed psychologist; and alcohol and drug counselors that are licensed and certified to provide mental health and substance abuse treatment to the youth.

Questioning refers to a person, often an adolescent, who is exploring or questioning issues of sexual orientation, gender identity or gender expression in his or her life. Some questioning people will ultimately identify as gay, lesbian, bisexual or transgender; others will self-identify as heterosexual and not transgender.

Sexual Abuse:

• Youth on youth sexual abuse includes any of the following acts when the victim is coerced into such act by overt or implied threats of violence or is unable to consent or refuse:

Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

Contact between the mouth and the penis, vulva, or anus;

Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of any person, excluding contact incidental to a physical altercation.

• Sexual abuse by a DJS employee, an employee of a contracted program provider, or DJS volunteer includes:

Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

Contact between the mouth and the penis, vulva, or anus;

Contact between the mouth and any body part where the DJS employee, an employee of a contracted program provider, or DJS volunteer has the intent to abuse, arouse, or gratify sexual desire;

Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the DJS employee, an employee of a contracted program provider, or DJS volunteer has the intent to abuse, arouse, or gratify sexual desire;

Any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties or where the DJS employee, an employee of a contracted program provider, or DJS volunteer has the intent to abuse, arouse, or gratify sexual desire;

Any attempt, threat, or request by DJS employee, an employee of a contracted program provider, or DJS volunteer to engage in the activities described above in this section.

Any display by a DJS employee, an employee of a contracted program provider, or DJS volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of a youth: and

Voyeurism by a DJS employee, an employee of a contracted program provider, or DJS volunteer.

Sexual Harassment means repeated verbal comments or gestures of a sexual nature;

demeaning references to gender or sexual orientation; sexually suggestive or derogatory comments; obscene language or gestures; unwelcome sexual advances; and requests for sexual favors directed at a youth by another youth or staff.

Volunteer means an individual at least eighteen (18) years of age who has successfully completed the volunteer application process and has been approved by the Department to donate service hours to youth, their families or DJS operations, including but not limited to, mentors, student interns, and staff from profit or non-profit groups, faith-based organizations, colleges and universities.

Voyeurism means an invasion of privacy of a youth by a DJS employee, an employee of a contracted program provider, or DJS volunteer for reasons unrelated to official duties, such as peering at a youth who is using a toilet in his or her room to perform bodily functions; requiring a youth to expose his or her buttocks, genitals, or breasts; or taking images of all or part of a youth’s naked body or of a youth performing bodily functions.

Vulnerable youth means a youth who may be susceptible to becoming a victim of sexual abuse or harassment. Vulnerable youth may include, but are not limited to, youth who are lesbian, gay, bi-sexual, transgender, intersex, gender non-conforming, prior victim of sexual abuse, limited English proficient, small in stature, young, or who have cognitive, physical, developmental, or mental health impairment.

III. PROCEDURES

A. PREVENTION

1. The Department shall employ or designate an agency-wide PREA Coordinator with sufficient time and authority to develop, implement, and oversee DJS efforts to comply with PREA juvenile standards in all of its facilities.

2. Each Superintendent shall designate a facility PREA Compliance Manager with sufficient time and authority to coordinate the facility’s efforts to comply with PREA juvenile facility standards.

3. Any new contract or contract renewal for the confinement of DJS youth with private providers or other entities, including other government agencies, shall include an obligation that the provider adopt and comply with the PREA standards. Any new contract or contract renewal shall provide for DJS contract monitoring to ensure that the contractor is complying with the PREA standards.

4. Hiring, Promotions and Background Checks: All applicants, volunteers, and contracted staff shall be subject to a criminal records check, Child Protective Services (CPS) check and Sex Offender Registry check, in accordance with the Background Investigations, Reporting and Investigating Child Abuse and Neglect Policies and Procedures.

5. PREA Mandated Disclosure Form

a. All new applicants, as well as current employees applying for a promotional opportunity, shall complete and sign the PREA Mandated Disclosure Form (Appendix 1).

b. Employees have an ongoing obligation to disclose to supervisors/administrators any sexual misconduct as described on the PREA Mandated Disclosure Form.

c. At the time of each performance review (interim or annual), all employees shall complete and sign the PREA Mandated Disclosure Form (Appendix 1).

d. The completed PREA Mandated Disclosure Form (Appendix 1) shall be placed in the employees’ personnel file. Material omission by an employee regarding their misconduct, or the provision of materially false information, shall be grounds for termination.

e. Contractors (to include contract Resident Advisors) shall be subject to the requirements of sections III.A.5(a) and 5(b) above.

They also shall be required to complete the PREA Mandated Disclosure Form annually on July 1st and no later than July 10th. A copy of the completed forms shall be maintained by the designated departmental Director or Administrator.

6. Employee Training

a. All employees who have direct contact with youth shall receive entry-level and annual training on the Department’s Elimination and Reporting of Sexual Abuse and Harassment Policy and Procedures. They must also complete all other Department approved training as listed in PREA Mandated Training (Appendix 2).

b. The Department’s training unit shall provide entry-level and annual training that addresses all areas of employee training in accordance with PREA Juvenile Facility Standard 115.331, Employee Training.

c. Staff shall acknowledge, in writing, receipt and understanding of all training provided.

7. Volunteers and Contract Provider Training

a. All volunteers and contractors shall receive training in the

Elimination and Reporting of Sexual Abuse and Harassment Policy and Procedures and shall acknowledge, in writing, receipt and understanding prior to having any contact with youth.

b. The level and type of training volunteers and contractors shall complete is based on the services they provide and the level of contact with youth as listed in the PREA Mandated Training chart (Appendix 2).

8. Specialized Training for Investigators and Medical and Mental Health

Staff

a. In addition to all other departmental training, the Office of the

Inspector General investigators (OIG), medical and behavioral health staff shall complete specialized training as listed in the PREA Mandated Training chart (Appendix 2).

b. The Supervisors are responsible is responsible for maintaining training records.

9. Youth Education

a. All youth, upon admission, shall receive information explaining the Department’s zero tolerance policy for all acts of sexual abuse and sexual harassment and procedures for reporting incidents or suspicions of sexual abuse or sexual harassment.

Accommodations shall be made to address the special needs of youth, to include youth with vision or hearing loss, limited reading ability, limited ability to read or understand English, and youth with intellectual, cognitive, developmental, mental health, or speech disabilities to provide for an understanding of all information presented.

b. All youth admissions and orientation shall be completed in accordance with the guidelines of the Admissions and Orientation of Youth in DJS Facilities Policy and Procedures.

c. Facilities shall ensure the provision of interpreters for youth who have limited English proficiency. The facility shall not rely on youth interpreters or resident readers except in limited circumstances where an extended delay in obtaining an effective interpreter could compromise the youth’s safety, the performance of first response duties, or the investigation of the youth’s allegation.

d. Each youth shall receive, and have access to, a facility Youth Handbook. Staff shall ensure that each youth understands its contents. The Youth Handbook shall provide detail on the multiple ways to report suspected or alleged incidents of sexual abuse and harassment, including, verbal and written reports or the use of the youth phone system.

e. Youth shall be instructed and encouraged to report incidents to any DJS and MSDE staff member, to include, direct care staff, case managers, somatic or behavioral health staff, youth advocates, and parent/guardian or attorney.

f. Within 10 calendar days of admission, Youth Advocates or a designee shall provide a comprehensive age-appropriate education to the youth, in person and through video, regarding their rights to be free from sexual abuse and sexual harassment, their right to be free from retaliation for reporting such incidents, and departmental policies and procedures for responding to such incidents.

g. In addition to youth education, DJS shall ensure that key information about PREA is continuously and readily available or visible to youth via posters, handbooks and other written materials.

h. Locked boxes shall be placed in areas throughout the facility that are accessible to youth for submitting confidential grievance reports of sexual abuse or sexual harassment to Youth Advocates.

No time limit shall be imposed on when a youth may submit a grievance regarding an allegation of sexual abuse. Youth are not required to use any informal grievance process or otherwise attempt to resolve with staff an alleged incident of sexual abuse.

i. Youth shall be advised that they can report sexual abuse or harassment anonymously to a party that is not part of the Department using the youth phone system. Instructions for use of the youth phone system shall be posted in each living unit. Youth shall be advised that these reports will be shared with the Department for investigation.

j. Each facility shall post toll-free numbers and addresses of victim advocates in outside community programs that can provide emotional support counseling related to sexual abuse (Appendix 4). The Facility Case Manager Specialist (CMS) or QBHP shall support youth contact with these entities by permitting youth to call from their office to offer a level of privacy. The youth will be informed of the extent to which their communication with these entities will be monitored by the Facility CMS or QBHP. The Department shall enter into a memorandum of understanding with community victim advocate programs that may provide services to youth.

10. Supervision

a. Each facility shall develop, implement, and document a staffing plan in accordance with the guidelines of the Direct Care Staffing Policy and Procedures.

b. The supervision and monitoring of youth to eliminate incidents of sexual abuse and harassment must adhere to the Supervision and Movement of Youth Policy and Procedures. Male and female youth shall not be housed together, placed into holding cells together, or permitted to participate in co-educational programs without direct supervision.

c. Searches of youth to eliminate incidents of sexual abuse and harassment must adhere to the Searches of Youth, Employees, and Visitors Policy and Procedures.

B. REPORTING

1. All staff shall report immediately and in accordance with the Incident Reporting Policy and Procedures and the Reporting and Investigating Child Abuse and Neglect Policy and Procedures any knowledge, suspicion, or information they receive regarding any incident of sexual abuse or harassment that occurred in a facility involving a youth, whether or not it is part of the Department; retaliation against youth or staff who reported such an incident; or any staff neglect or violation of responsibilities that may have contributed to an incident or retaliation.

2. Staff must accept reports of alleged sexual abuse and harassment verbally, in writing, anonymously, or from third parties. All reports shall be documented in an Incident Report prior to the end of the work day/shift.

Youth shall be provided access to writing tools to make a written report.

3. Staff may privately report sexual abuse or harassment of youth by contacting Child Protective Services (CPS) and completing an incident report.

4. Youth shall have at least two internal methods and at least one external method to safely and privately report sexual abuse and harassment as noted in Sections III A.9. d., e., h., i., and j of this procedure. Youth also shall be provided with reasonable and confidential access to their attorney or other legal representative and reasonable access to parents or guardians.

5. Youth who require appropriate auxiliary aids or services which are necessary to ensure effective communication shall be provided aids and services in accordance with the Accessibility for Youth with Hearing Impairments and Communication with Limited English Proficient Persons Policy and Procedures.

6. The Superintendent or designee must provide oversight to ensure that all allegations of sexual abuse and harassment are reported to CPS, Maryland State Police (MSP) and OIG for investigation in accordance with the Incident Reporting Policy and Procedures and the Reporting and Investigating Child Abuse and Neglect Policy and Procedures.

7. If the allegation is reported to health care professionals or qualified behavioral health professional (QBHP) they also shall report sexual abuse and sexual harassment via an incident report and sexual abuse in accordance with mandatory reporting laws and the Incident Reporting Policy and Procedures. These practitioners must inform youth at the initiation of services of their duty to report and the limitations of confidentiality so youth are aware of their duty to report.

8. Health care professionals and QBHP shall obtain informed consent from youth before reporting information about prior sexual abuse and harassment that did not occur in an institutional setting, unless the resident is under the age of 18.

9. Upon receiving an allegation that a youth was sexually abused while confined at another facility, within 72 hours the Superintendent that received the allegation shall notify the Superintendent where the alleged abuse occurred and immediately report the incident in accordance with the Incident Reporting- Residential and Community Operations Policy and Procedures and the Reporting and Investigating Child Abuse and Neglect Policy and Procedures.

10. Supervision

a. Each facility shall develop, implement, and document a staffing plan in accordance with the guidelines of the Direct Care Staffing Policy and Procedures.

b. The supervision and monitoring of youth to eliminate incidents of sexual abuse and harassment must adhere to the Supervision and Movement of Youth Policy and Procedures. Male and female youth shall not be housed together, placed into holding cells together, or permitted to participate in co-educational programs without direct supervision.

c. Searches of youth to eliminate incidents of sexual abuse and harassment must adhere to the Searches of Youth, Employees, and Visitors Policy and Procedures.

C. INTERVENTIONS

1. Staff having knowledge or suspicions of alleged sexual abuse or harassment shall:

a. Take seriously all statements from youth that they have been the victim of alleged sexual abuse or sexual harassment and respond supportively and non-judgmentally.

b. Immediately inform the Shift Commander or designee.

c. Ensure that the alleged victim and alleged perpetrator are physically separated so that there is no possibility of contact and or communication.

d. If the alleged perpetrator is a staff, the shift commander, or designee must remove the staff from having contact with all youth.

This separation shall be maintained until the investigation is completed and the staff receives administrative clearance to resume regular duties or administrative action is completed.

2. The first staff responding to an incident of alleged sexual abuse shall:

a. Ensure that the alleged victim and the alleged perpetrator are physically separated so that there is no possibility of contact and to prevent any continued communication.

b. Secure the incident area pending investigation and collection of evidence by the MSP. Use the PREA Response Kit to preserve physical evidence that may be on the youth or the youth’s clothing.

c. Request that the alleged victim does not shower, eat, drink, brush their teeth, urinate, defecate, smoke or change clothes until after evidence is collected. Staff shall communicate to the alleged victim the importance of preserving evidence. If the alleged victim insists upon washing, the staff shall permit the victim to do so to avoid re-traumatizing.

d. Ensure that the alleged perpetrator does not shower, eat, drink, brush their teeth, urinate, defecate, smoke or change clothes until after evidence is collected. Use the PREA Response Kit to preserve physical evidence that may be on the youth or the youth’s clothing.

e. Immediately notify medical staff and the Shift Commander of the alleged abuse to initiate services promptly.

3. The Shift Commander shall:

a. Ensure that the youth is protected from the alleged perpetrator, and that steps defined in Section III. C. 2 a. through e., are implemented.

b. Initiate the Coordinated Response Plan that outlines the responsibilities of first responders, health care professionals and QBHP, investigators and facility leadership. The Coordinated Response Plan will follow the guidelines of Section C of this procedure.

c. Immediately advise health care professionals and the QBHP to arrange for the transport of the youth to the clinic or, as directed by health care staff, to the nearest hospital emergency room.

d. As requested by youth, contact the Youth Advocate, qualified staff member, or qualified community-based organization staff member to accompany and support the youth through the forensic medical examination process and investigatory interview and provide emotional support, crisis intervention, information, and referrals.

e. Ensure the incident is reported to MSP and the DJS OIG. Ensure that all notifications are made in accordance with the Incident Reporting- Residential Facilities and Community Operations Policy and Procedures including notifying the Facility Administrator, youth’s parent, guardian, the facility and community case managers, social worker as appropriate, and utilizing the chain of command to ensure notification of the Facility Administrator, assigned Executive Director, Deputy Secretary for Operations, and the Secretary.

f. Ensure that the incident is reported to CPS. If the medical unit makes the notification to CPS, confirm notification through receipt of the CPS Suspected Child Abuse/Neglect Report (Appendix 3), otherwise make the oral report to CPS, complete the CPS Suspected Child Abuse/Neglect Report and forward to CPS prior to the end of the shift.

g. Actively cooperate with the MSP, any other law enforcement agencies, and CPS to ensure that any allegation of sexual abuse or harassment, including third party and anonymous reports, are investigated.

h. Ensure the completion of an Incident Report in accordance with the Incident Reporting- Residential and Community Operations Policy and Procedures.

4. Health Care Professionals shall:

a. Provide emergency measures if necessary to stabilize the youth without interfering with the collection of evidence. Use the PREA Response Kit, if it has not been utilized by the first responder, to preserve physical evidence that may be on the youth or the youth’s clothing.

b. Complete the Nursing Report of Youth Injuries Form.

c. Report the incident to CPS. Complete the CPS Suspected Abuse/

Neglect Report (Appendix 3) and forward a copy to CPS and the Shift Commander or designee.

d. Photograph any visible injury in accordance with Incident Reporting- Residential and Community Operations Policy and Procedures.

e. Refer, as needed, the alleged victim to the nearest hospital emergency room that has a qualified, trained forensic medical examiner (Appendix 4).

f. Offer victims of sexual abuse timely information and timely access to prophylactic treatment for prevention of sexually transmitted infections, HIV, emergency contraception for pregnancy and access to this treatment, if not provided by the hospital.

g. Offer pregnancy tests to victims of sexually abusive vaginal penetration, if not provided by the hospital.

h. If pregnancy results, offer the victim appropriate and comprehensive information about the timely access to all lawful pregnancy-related medical services.

5. Qualified Behavioral Health Professionals shall:

a. Meet with the youth as soon as possible to provide an assessment and crisis intervention on the day of the notification. A QBHP shall provide 24/7 on call services.

b. Refer the youth to community-based organizations, institutions and/or support groups equipped to evaluate and treat sexual abuse/assault victims. (Appendix 5).

6. Superintendent shall:

a. Review to ensure staff completed all steps to protect the youth, provided immediate health care and behavioral health services to the youth, that the incident has been reported for investigation, and that follow-up services were provided to the youth.

b. Notify the youth’s attorney of the allegation as soon as possible but no later than 14 calendar days after the allegation.

D. INVESTIGATION

1. Staff shall refer all alleged incidents of sexual abuse, harassment or misconduct to CPS for investigation and determination of child abuse, and to MSP for the criminal investigation and determination of criminal charges. The Superintendent shall cooperate with outside investigators and shall endeavor to remain informed about the progress of the investigation.

2. Staff shall refer all allegations of sexual abuse and harassment to the DJS OIG. If the OIG completes an administrative investigation, the investigation shall include:

a. efforts to determine whether staff actions or failures to act contributed to the abuse;

b. a description of the physical and testimonial evidence;

c. the reasoning behind credibility assessments; and

d. investigative facts and findings.

3. All administrative investigations shall be documented in a written report.

4. The departure of the alleged perpetrator or victim from the employment or control of the facility or Department shall not be the basis for terminating an investigation.

5. The DJS OIG will assign an investigator who has received specialized training in investigating sexual abuse or harassment to coordinate cooperation with CPS and MSP.

6. The DJS OIG will notify the Superintendent if the CPS and MSP investigation will exceed 60 calendar days so that the victim may be notified of the extended investigation.

7. The Department shall retain written reports, administrative and criminal investigations provided by MSP, for as long the alleged perpetrator is incarcerated or employed by the Department, plus five years, unless the abuse was committed by a juvenile and applicable law requires a shorter period of retention.

E. YOUTH NOTIFICATIONS

1. Following an investigation into a youth’s allegations of sexual abuse suffered in a facility, the OIG and Superintendent shall request the relevant information from CPS in order to inform the youth whether the allegation has been determined to be substantiated, unsubstantiated, or unfounded. The Superintendent or designee shall advise the youth in writing using the Youth Notice of Investigative Outcome Form (Appendix 6).

2. Following a youth's allegation that a staff member has committed sexual abuse or harassment against the youth, the Superintendent or designee will subsequently inform the youth (unless the allegation is unfounded or the youth is no longer in DJS custody) whenever:

a. The staff member is no longer posted within the youth's unit;

b. The staff member is no longer employed at the facility;

c. The Department learns that the staff member has been indicted on a charge related to sexual abuse within the facility; or

d. The Department learns that the staff member has been convicted on a charge related to sexual abuse within the facility.

3. Following a youth's allegation that he or she has been sexual abused by another youth, unless the allegation is unfounded or the youth who was abused is no longer in DJS custody, the Superintendent or designee will subsequently inform the youth in writing whenever:

a. The alleged perpetrator has been indicted on a charge related to sexual abuse within the facility; and

b. The alleged perpetrator has been convicted on a charge related to sexual abuse within the facility.

4. The facility’s obligation to report as described in this section, Youth

Notifications, shall terminate when the youth is released from Department’s custody.

F. PROTECTIVE CUSTODY

1. In accordance with Section C. Interventions, of this procedure, staff shall take immediate steps to separate the alleged victim and alleged perpetrator.

2. If two youth are involved, the Superintendent, in consultation with the Executive Director of Residential Services, shall determine appropriate housing to provide for the safety of both the alleged perpetrator and victim. These options may include use of seclusion, housing re-assignment, separation from the general population by placement in a self-contained intensive services unit, or a facility transfer.

3. Youth who have been abused, abused others or who are at substantial risk for abuse may be secluded from others only as a last resort when less restrictive measures are inadequate to keep them and other youth safe and then only until an alternative means of keeping all youth safe can be arranged. Seclusion shall be implemented in accordance with the guidelines of the Seclusion Policy and Procedures. During any period of seclusion, youth shall not be denied daily large-muscle exercise, and any legally required educational programming or special education services.

Youth shall be seen daily by health care professionals and QBHP. Youth shall also have access to other programs and work opportunities to the extent possible. If a youth is secluded, the Superintendent or designee must document in the youth’s file the basis for the concern for the youth’s safety, and the reason why no alternative means of separation can be arranged. Youth in seclusion for four (4) hours or greater must be approved by the Executive Director of Residential Services.

4. The Superintendent, in consultation with the Treatment Team, must complete a review of each youth who has been separated from the general population every 30 calendar days to determine whether there is a continuing need for the separation.

G. ONGOING HEALTH CARE AND BEHAVIORAL HEALTH SERVICES

1. In addition to providing an appropriate health care and behavioral health response to sexual abuse, the facility shall offer health care and behavioral health evaluation and, as appropriate, treatment to all youth who have been victimized by sexual abuse.

2. If the Youth Vulnerability Assessment Instrument conducted at admission indicates that the youth has experienced prior sexual abuse or harassment, whether it occurred in an institutional setting or in the community, the youth shall be offered a follow-up meeting with a medical and mental health practitioner within 14 calendar days of admissions screening.

3. If the Youth Vulnerability Assessment Instrument conducted at admission indicates that the youth has previously perpetrated sexual abuse, whether it occurred in an institutional setting or in the community, the youth shall be offered a follow-up meeting with a mental health practitioner within 14 calendar days of admissions screening.

4. The facility shall ensure that a behavioral health evaluation of all known youth-on-youth abusers is completed within 60 calendar days of learning such abuse history and offer treatment when deemed appropriate.

5. The evaluation and treatment of the victims and perpetrators shall include, follow-up services, treatment plans, and, when necessary, referrals for continued care following their transfer to or placement in other facilities or their release into the community.

6. The facility shall provide the victims and perpetrators with medical and mental health services consistent with continued care services in the community.

7. Emergency and ongoing medical and treatment services shall be provided to the victim without financial cost and regardless of whether the victim names the abuser or cooperates with any investigation arising out of the incident.

8. All information related to sexual abuse or harassment that occurred in a facility shall be strictly limited to health care professionals and QBHP and, as necessary, other DJS staff to inform treatment plans and security and management decisions, including housing, bed, work, education, and program assignments.

H. DISCIPLINARY SANCTIONS FOR STAFF

1. Staff shall be subject to disciplinary sanctions up to and including termination for violating departmental sexual abuse and harassment policies and procedures. All disciplinary actions shall be in keeping with Maryland State personnel policy and procedures.

2. Termination shall be the presumptive disciplinary sanction for a staff who has engaged in sexual abuse.

3. Disciplinary sanctions for violations of departmental policies and procedures relating to sexual abuse and harassment (other than actually engaging in sexual abuse) shall be commensurate with the nature and circumstances of the acts committed, the staff’s disciplinary history, and the sanctions imposed for comparable offenses by other staff with similar histories.

4. All terminations for violations of departmental sexual abuse and harassment policies and procedures, or resignations by staff that would have been a termination if not for their resignation, shall be reported to MSP and to any relevant licensing bodies unless the activity was clearly not criminal.

5. In accordance with applicable statutory and regulatory mandates, incidents involving staff may be referred to MSP for the determination of criminal charges.

I. CORRECTIVE ACTION FOR CONTRACTORS AND VOLUNTEERS

1. Any contractor or volunteer who engages in sexual abuse shall be prohibited from contact with youth and shall be reported to law enforcement and to relevant licensing bodies unless the activity was clearly not criminal.

2. The Superintendent shall take remedial measures, and shall consider whether to prohibit further contact with youth, in the case of any other violation of departmental sexual abuse and harassment policy and procedure by a contractor or volunteer.

J. INTERVENTIONS AND DISCIPLINARY SANCTIONS FOR YOUTH

1. Youth may be subject to sanctions pursuant to the behavioral management program following an administrative finding that the youth engaged in youth-on-youth sexual abuse or following a criminal finding of guilt for youth-on-youth sexual abuse.

2. The disciplinary process shall be documented on a behavioral report and consider whether a youth’s mental disabilities or mental illness contributed to his or her behavior when determining what type of sanction, if any, should be imposed.

3. Facility staff shall determine the appropriate intervention, therapy and/or counseling, or other interventions designed to address and correct underlying reasons or motivations for the abuse. The QBHP shall consider whether to offer such interventions to the perpetrator. The facility may require participation in such interventions as a condition of access to any rewards-based behavior management system or other behavior-based incentives, but not as a condition to access general programming or education.

4. The facility may discipline a youth for sexual contact with staff only upon a finding that the staff member did not consent to such contact.

5. For the purpose of disciplinary action, a report of sexual abuse made in good faith based upon a reasonable belief that the alleged conduct occurred, shall not constitute falsely reporting an incident or lying, even if an investigation does not establish evidence sufficient to substantiate the allegation.

6. All sexual activity between youth is prohibited, to include consensual acts.

The facility may not, however, deem such activity to constitute sexual abuse if it determines that the activity is not coerced.

7. Incidents of alleged abuse and harassment may be referred to MSP for determination of criminal charges.

K. RETALIATION

1. The Department protects all youth and staff who report sexual abuse or harassment from retaliation by other youth or staff. Retaliation is prohibited against anyone who reports alleged sexual abuse or harassment.

Youth may be disciplined for retaliation through the behavior management system and counseled. Youth may also be transferred to a different housing unit or facility. This information will be shared with the youth’s parent or guardian and the Community CMS. Staff may be subject to disciplinary action up to and including termination for any acts of retaliation against youth or other staff.

2. For at least 90 calendar days following a report of sexual abuse, the Youth Advocate shall monitor youth by reviewing youth disciplinary reports, housing or program changes and complete weekly status checks with youth. Monitoring and status checks shall be documented on the Youth Advocate Retaliation Monitoring Form (Appendix 7).

3. For at least 90 calendar days following a report of sexual abuse, the Facility PREA Compliance Manager shall monitor the youth and staff and complete bi-weekly status checks. Youth monitoring shall include a review of disciplinary reports, housing or program changes. Staff monitoring shall include negative performance reviews and reassignments of staff. Monitoring and status checks shall be documented on the PREA Compliance Manager Retaliation Monitoring Form (Appendix 8).

4. If there are any findings of retaliation against youth or staff, the Youth Advocate or PREA Compliance Manager will act promptly to remedy any such retaliation by reporting findings to the Superintendent and the assigned Executive Director of Residential Services and Deputy Secretary of Operations.

5. Monitoring will continue beyond 90 calendar days if the initial monitoring indicates a continued need.

L. FACILITY UPDATES AND TECHNOLOGIES

1. The Department shall consider the effect of the design, acquisition, expansion, or modification upon the Department’s ability to protect youth from sexual abuse.

2. The Superintendent, in consultation with the PREA Coordinator, shall assess, determine and document facility vulnerability to protect youth from sexual abuse to include video monitoring systems, electronic surveillance, or other monitoring technological systems annually on the Facility Assessment Form (Appendix 9).

M. DATA COLLECTION AND REVIEW

1. Facility Review of Sexual Abuse Incidents

a. The facility shall conduct a review at the conclusion of every sexual abuse investigation, including when the allegation has not been substantiated, unless the allegation has been determined to be unfounded. The review shall occur within 30 calendar days of the conclusion of the investigation.

b. Each facility shall establish a review team. The Superintendent shall assign an Assistant Superintendent and other upper level management staff to include line supervisors, investigators, medical and mental health staff to the review team.

2. Review Team Responsibilities

a. Consider whether the allegation or investigation indicates a need to change policy or practice to better prevent, detect, or respond to sexual abuse.

b. Consider whether the incident or allegation was motivated by race;

ethnicity; gender identity, or lesbian, gay, bisexual, transgender, or intersex identification, status, or perceived status; gang affiliation;

or other group dynamics at the facility.

c. Examine the area in the facility where the incident allegedly occurred to assess whether physical barriers in the area may enable abuse.

d. Assess the adequacy of staffing levels in that area during different shifts.

e. Assess whether monitoring technology should be deployed or augmented to supplement supervision by staff.

f. Prepare a report of the findings and any recommendations for improvement and submit the report to the Superintendent and PREA Compliance Manager.

g. Ensure the facility implements recommendations for improvement or document the reasons for not implementing the recommendations.

h. Document the review using the Sexual Abuse Incident Team Review Form (Appendix 10).

3. Data Collection

a. The Superintendent or designee shall ensure that incident reports documenting all allegations of sexual abuse and harassment are entered into the Department’s incident database in accordance with the Incident Reporting- Residential and Community Operations Policy and Procedures and the Reporting and Investigating of Child Abuse Policy and Procedures.

b. The Department’s research unit shall aggregate the incident-based sexual abuse data at least annually.

c. The Department shall maintain, review and collect data as needed from all available incident-based documents, including reports, investigative files, and the sexual abuse incident reviews.

d. The Department shall also obtain incident-based and aggregated data from every private facility with which it contracts with for the confinement of youth.

e. Upon request, the Department shall provide all such data from the previous calendar year to the U.S. Department of Justice.

4. Data Review for Corrective Action

a. The PREA Coordinator shall review data collected and aggregated pursuant to Section III.K.3, Data Collection, to assess and improve the effectiveness of sexual abuse prevention, detection, and response policies, procedures, practices and training, including:

1) Identifying problem areas;

2) Taking corrective action on an ongoing basis; and

3) Preparing an annual report of findings and corrective actions for each facility, as well as the Department as a whole.

b. The annual report shall include a comparison of the current year’s data and corrective actions with those from prior years and shall provide an assessment of the Department’s progress in addressing sexual abuse.

c. The Department’s report shall be approved by the Secretary and made readily available to the public through the DJS website.

d. Specific material may be redacted from the reports when publication would present a clear and specific threat to the safety and security of a facility but the report must indicate the nature of the material redacted.

5. Data Storage,…