| (A) Following an investigation into a youth's allegation
of sexual abuse suffered in a TJJD facility, TJJD informs the youth
whether the allegation is substantiated, unsubstantiated, or unfounded.
If TJJD did not conduct the investigation, TJJD management will request
the information from the investigating agency so that the youth may
be informed.
(B) Following a youth's allegation that a staff member
has committed sexual abuse against the youth, TJJD informs the youth
whenever the following events occur, except when the allegation is
determined to be unfounded:
(i) the staff member is no longer posted within the
youth's housing unit;
(ii) the staff member is no longer employed at the
facility;
(iii) TJJD learns that the staff member has been indicted
on a charge related to the sexual abuse; or
(iv) TJJD learns that the staff member has been convicted
on a charge related to the sexual abuse.
(C) Following a youth's allegation that he/she has
been sexually abused by another youth, TJJD informs the alleged victim
whenever the following events occur:
(i) TJJD learns that the alleged abuser has been indicted
on a charge related to the sexual abuse; or
(ii) TJJD learns that the alleged abuser has been convicted
on a charge related to the sexual abuse.
(l) Discipline.
(1) Disciplinary Sanctions for Staff.
(A) Staff members are subject to disciplinary sanctions
up to and including termination of employment for violating TJJD sexual
abuse or sexual harassment policies.
(B) Termination of employment is the presumptive disciplinary
sanction for staff members who have engaged in sexual abuse.
(C) Disciplinary sanctions for violations of TJJD policies
relating to sexual abuse or sexual harassment (other than actually
engaging in sexual abuse) are commensurate with the nature and circumstances
of the acts committed, the staff member's disciplinary history, and
the sanctions imposed for comparable offenses by other staff with
similar histories.
(D) TJJD reports the following actions to any relevant
licensing bodies:
(i) terminations of employment for violations of agency
sexual abuse or sexual harassment policies; and
(ii) resignations by staff members who would have been
terminated if they had not resigned.
(2) Corrective Action for Contractors and Volunteers.
(A) If a contractor or volunteer engages in sexual
abuse, TJJD:
(i) prohibits the contractor or volunteer from having
any contact with TJJD youth; and
(ii) reports the finding of abuse to any relevant licensing
bodies.
(B) If a volunteer or contractor violates TJJD sexual
abuse or sexual harassment policies but does not actually engage in
sexual abuse, TJJD takes appropriate remedial measures and considers
whether to prohibit further contact with TJJD youth.
(3) Interventions and Disciplinary Sanctions for Youth.
(A) A youth may be subject to disciplinary sanctions
for engaging in sexual abuse only when:
(i) there is a criminal finding of guilt or an administrative
finding that the youth engaged in youth-on-youth sexual abuse; and
(ii) the discipline is determined through a Level II
due process hearing held in accordance with §380.9555 of this
title.
(B) Any disciplinary sanctions must be commensurate
with the nature and circumstances of the abuse committed, the youth's
disciplinary history, and the sanctions imposed for comparable offenses
by other youth with similar histories.
(C) The disciplinary process must consider whether
a youth's mental disabilities or mental illness contributed to his/her
behavior when determining what type of sanction, if any, should be
imposed.
(D) TJJD does not impose isolation as a disciplinary
sanction.
(E) TJJD offers youth abusers counseling and other
interventions designed to address and correct underlying reasons or
motivations for the abuse. TJJD may require participation in such
counseling and interventions as a condition of access to behavior-based
incentives, but not as a condition to access general programming or
education.
(F) A youth may be disciplined for sexual contact with
staff only upon a finding that the staff member did not consent to
such contact.
(G) TJJD may not discipline a youth if the youth made
a report of sexual abuse in good faith based upon a reasonable belief
that the alleged conduct occurred, even if an investigation does not
establish evidence sufficient to substantiate the allegation.
(H) In accordance with §380.9503 of this title,
TJJD may also discipline a youth for engaging in prohibited sexual
activity that does not meet the definition of abuse.
(m) Medical and Mental Care.
(1) Medical and Mental Health Screenings; History of
Sexual Abuse.
(A) Regardless of the results of the screening in subsection
(h)(1) of this section, TJJD offers all youth an appointment with
a medical and mental health practitioner within 14 days after the
intake screening.
(B) Any information obtained related to sexual victimization
or abusiveness that occurred in an institutional setting must be strictly
limited to medical and mental health practitioners and other staff,
as necessary, to inform treatment plans and security and management
decisions, including housing, bed, work, education, and program assignments,
or as otherwise required by law.
(C) Medical and mental health practitioners must obtain
informed consent from youth before reporting information about prior
sexual victimization that did not occur in an institutional setting,
unless the youth is under the age of 18.
(2) Access to Emergency Medical and Mental Health Services.
(A) TJJD ensures that youth victims of sexual abuse
receive timely, unimpeded access to emergency medical treatment and
crisis intervention services, the nature and scope of which are determined
by medical and mental health practitioners according to their professional
judgment.
(B) If no qualified medical or mental health practitioners
are on duty at the time a report of recent abuse is made, staff first
responders must take preliminary steps to protect the victim and must
immediately notify the appropriate medical and mental health practitioners.
(C) TJJD ensures that youth victims of sexual abuse
while incarcerated are offered timely information about and timely
access to emergency contraception and sexually transmitted infections
prophylaxis, in accordance with professionally accepted standards
of care, where medically appropriate.
(D) TJJD provides treatment services to the victim
without financial cost and regardless of whether the victim names
the abuser or cooperates with any investigation arising from the incident.
(3) Ongoing Medical and Mental Health Care for Sexual
Abuse Victims and Abusers.
(A) TJJD offers medical and mental health evaluation
and, as appropriate, treatment to all youth who have been victimized
by sexual abuse in any prison, jail, lockup, or juvenile facility.
(i) The evaluation and treatment of such victims includes,
as appropriate:
(I) follow-up services;
(II) treatment plans; and
(III) referrals for continued care following their
transfer to other facilities or their release from custody.
(ii) TJJD provides such victims with medical and mental
health services consistent with the community level of care.
(B) TJJD offers pregnancy tests to youth victims of
sexually abusive vaginal penetration while incarcerated. If pregnancy
results, TJJD ensures the youth is provided timely and comprehensive
information about and timely access to all lawful pregnancy-related
medical services. See §380.9195 of this title for additional
information about services for pregnant youth.
(C) TJJD ensures that tests for sexually transmitted
infections are offered, as medically appropriate, to youth victims
of sexual abuse while incarcerated.
(D) TJJD provides treatment services to a victim of
sexual abuse while incarcerated without financial cost and regardless
of whether the victim names the abuser or cooperates with any investigation
arising from the incident.
Cont'd... |
