| (A) During the admission process, TJJD provides youth
with age-appropriate information about the agency's zero-tolerance
policy and how to report incidents or suspicions of sexual abuse,
sexual harassment, or sexual activity.
(B) Within 10 calendar days after admission, TJJD provides
comprehensive, age-appropriate education to youth about:
(i) their rights to be free from sexual abuse, sexual
harassment, and retaliation for reporting such incidents; and
(ii) agency policies and procedures for responding
to such incidents.
(C) When a youth is transferred to a different TJJD-operated
facility, TJJD provides the information in subparagraphs (A) and (B)
of this paragraph to youth.
(D) TJJD provides the information in formats accessible
to all youth, including those who:
(i) are limited English proficient;
(ii) are deaf, visually impaired, or otherwise disabled;
and
(iii) have limited reading skills.
(4) Specialized Training: Investigations.
(A) TJJD staff members who investigate allegations
of sexual abuse receive specialized training that includes:
(i) techniques for interviewing juvenile sexual abuse
victims;
(ii) proper use of Miranda and Garrity warnings;
(iii) sexual abuse evidence collection in confinement
settings; and
(iv) criteria and evidence required to substantiate
a case for administrative action or prosecution referral.
(B) TJJD maintains documentation that such training
has been completed.
(5) Specialized Training: Medical and Mental Health
Care. TJJD ensures and maintains documentation that all full and part-time
medical and mental health practitioners who work in TJJD-operated
facilities have been trained in how to:
(A) detect and assess signs of sexual abuse and sexual
harassment;
(B) preserve physical evidence of sexual abuse;
(C) respond effectively and professionally to juvenile
victims of sexual abuse and sexual harassment; and
(D) report allegations or suspicions of sexual abuse
and sexual harassment and to whom such reports must be made.
(h) Screening for Risk of Sexual Victimization and
Abusiveness.
(1) Obtaining Information from Youth.
(A) Within 72 hours after a youth's admission to TJJD,
TJJD uses an objective screening instrument to obtain information
about the youth's personal history and behavior to reduce the risk
of sexual abuse by or upon another youth. Periodically throughout
the youth's stay, information from the screening instrument is used
to reassess housing and supervision assignments.
(B) TJJD establishes appropriate controls to prevent
sensitive information obtained from these screenings from being exploited
to the youth's detriment by staff or other youth.
(2) Placement of Youth in Housing, Bed, Program, Education,
and Work Assignments.
(A) TJJD uses all information obtained under paragraph
(1) of this subsection to make housing, bed, program, education, and
work assignments for youth.
(B) Except under limited situations involving self-injury
set forth in §380.9745 of this title, TJJD does not place youth
in isolation as a means of protection.
(C) Lesbian, gay, bisexual, transgender, or intersex
youth are not placed in particular housing, bed, or other assignments
solely on the basis of such identification or status. TJJD does not
consider such identification or status as an indicator of likelihood
of being sexually abusive.
(D) For each transgender or intersex youth, TJJD:
(i) makes a case-by-case determination when assigning
the youth to a male or female facility and when making other housing
and programming assignments, considering the youth's health and safety
and any management or security concerns;
(ii) gives serious consideration to the youth's own
views concerning his/her own safety when making placement and programming
assignments;
(iii) reassesses the placement and programming assignments
at least twice each year to review any threats to safety experienced
by the youth; and
(iv) provides the opportunity to shower separately
from other youth.
(i) Reporting.
(1) Reports from Youth and Third Parties.
(A) Youth may report sexual abuse, sexual harassment,
retaliation by others for reporting sexual abuse or harassment, and
staff neglect or violation of responsibilities that may have contributed
to such incidents by:
(i) filing a written grievance in accordance with §380.9331
of this title;
(ii) calling the 24-hour, toll-free hotline maintained
by the OIG without being heard by staff or other youth;
(iii) telling any staff member, volunteer, or contract
employee, who must then call the OIG hotline; or
(iv) calling the toll-free number maintained by the
Office of Independent Ombudsman (OIO), which is a separate state agency,
without being heard by staff or other youth.
(B) TJJD accepts verbal and written reports made anonymously
or by third parties and promptly documents verbal reports. Anonymous
and third-party reports may be submitted to TJJD by calling the toll-free
hotline maintained by the OIG. TJJD publicly distributes information
on how to report alleged abuse or sexual harassment on behalf of a
youth by posting this information on the agency's website.
(C) TJJD provides youth with access to grievance forms
in accordance with §380.9331 of this title. TJJD provides all
staff with access to telephones to privately call the OIG hotline
immediately if the staff member has reason to believe a youth has
been a victim of sexual abuse or harassment.
(2) Administrative Remedies.
(A) TJJD investigates all allegations of sexual abuse
regardless of how much time has passed since the alleged incident.
(B) As established by §380.9331 of this title,
youth are not required to use the youth grievance system or the informal
conference request system to report an allegation of sexual abuse.
Youth are not required to attempt to resolve the allegation with staff.
(C) If a youth uses the grievance system or the conference
request system to report an allegation of sexual abuse, the allegation
is immediately forwarded to the OIG for assignment and investigation.
(D) TJJD does not refer allegations of sexual abuse
to staff members who are the subject of the allegation.
(3) Youth Access to Outside Support Services and Legal
Representation.
(A) TJJD provides youth with access to outside victim
advocates for emotional support services related to sexual abuse by
making available mailing addresses and telephone numbers, including
toll-free numbers of any local, state, or national victim advocacy
or rape crisis organizations. TJJD also provides youth with on-site
access to representatives of such advocacy organizations in accordance
with §385.8183 of this title. TJJD enables reasonable communication
between youth and these organizations and agencies in as confidential
a manner as possible. TJJD informs youth, prior to giving them access,
of the extent to which such communications will be monitored and the
extent to which reports of abuse will be forwarded to authorities
in accordance with mandatory reporting laws.
(B) TJJD maintains or seeks to enter into agreements
with community service providers that are able to provide youth with
confidential emotional support services related to sexual abuse. TJJD
maintains documentation of such agreements or attempts to enter into
such agreements.
(C) TJJD provides youth with reasonable and confidential
access to their:
(i) attorneys or other legal representatives, in accordance
with §380.9311 of this title; and
(ii) parents or legal guardians, in accordance with §§380.9312,
380.9313, and 380.9315 of this title.
(j) Official Response Following a Report of Alleged
Sexual Abuse or Sexual Harassment.
(1) Staff and Agency Reporting Duties.
(A) All TJJD staff members must immediately report
to OIG, in accordance with agency policy, any knowledge, suspicion,
or information they receive regarding:
(i) an incident of sexual abuse;
(ii) an incident of sexual harassment;
(iii) retaliation against youth or staff who reported
such an incident; and
Cont'd... |
