| (i) a dormitory pod or wing at a high restriction facility,
but only if there are no other staff of the opposite gender already
in the pod or wing; or
(ii) a sleeping room at a medium restriction facility.
(5) Youth with Disabilities and Youth who are Limited
English Proficient.
(A) TJJD takes appropriate steps to ensure that youth
with disabilities have an equal opportunity to participate in or benefit
from all aspects of the agency's efforts to prevent, detect, and respond
to sexual abuse and sexual harassment. Such steps include providing
access to:
(i) interpreters; and
(ii) written materials provided in formats or through
methods that ensure effective communication.
(B) TJJD takes reasonable steps to ensure meaningful
access to all aspects of the agency's efforts to prevent, detect,
and respond to sexual abuse and sexual harassment for youth who are
limited English proficient, including the use of interpreters.
(C) When using interpreters to meet requirements of
this paragraph:
(i) TJJD attempts to select interpreters who can interpret
effectively, accurately, and impartially, both receptively and expressively,
using any necessary specialized vocabulary; and
(ii) TJJD does not use other youth to interpret, read,
or otherwise assist except in limited circumstances where an extended
delay in obtaining an effective interpreter could compromise safety,
the performance of first-response duties, or an investigation.
(6) Hiring and Promotion Decisions.
(A) TJJD does not hire or promote anyone who may have
contact with youth and does not use the services of any contractor
who may have contact with youth if the person:
(i) has engaged in sexual abuse in a prison, jail,
lockup, community confinement facility, juvenile facility, or other
institution, as defined in 42 U.S.C. 1997; or
(ii) has been convicted or civilly or administratively
adjudicated of engaging or attempting to engage in sexual activity
in the community facilitated by force, overt or implied threats of
force, or coercion, or if the victim did not consent or was unable
to consent or refuse.
(B) For any person who may have contact with juveniles,
TJJD considers any incidents of sexual harassment in determining whether
to hire, promote, or contract for services.
(C) Before hiring new employees who may have contact
with youth, TJJD:
(i) performs a criminal background records check;
(ii) consults the child abuse registry maintained by
Texas Department of Family and Protective Services (DFPS); and
(iii) makes its best efforts to contact all prior institutional
employers for information on substantiated allegations of sexual abuse
or any resignation during a pending investigation of an allegation
of sexual abuse.
(D) Before enlisting the services of a contractor who
may have contact with youth, TJJD:
(i) performs a criminal background records check; and
(ii) consults the DFPS child abuse registry.
(E) TJJD conducts periodic criminal background records
checks on current employees and contractors in accordance with §385.8181
of this title.
(F) TJJD asks applicants and employees who may have
contact with youth directly about previous misconduct described in
subparagraph (A) of this paragraph in written applications or interviews
for hiring or promotion and in any interviews or written self-evaluations
conducted as part of reviews of current employees. TJJD employees
have a continuing affirmative duty to disclose any such misconduct.
Material omissions regarding such misconduct or the provision of materially
false information is grounds for termination of employment.
(G) Unless prohibited by law, TJJD provides information
on substantiated allegations of sexual abuse or sexual harassment
involving a former employee upon receiving a request from an institutional
employer for whom the former employee has applied to work.
(7) Upgrades to Facilities and Technologies.
(A) When designing or acquiring any new facility and
in planning any substantial expansion or modification of existing
facilities, TJJD considers the effect of the design, acquisition,
expansion, or modification on the agency's ability to protect youth
from sexual abuse.
(B) When installing or updating a video monitoring
system, electronic surveillance system, or other monitoring technology,
TJJD considers how such technology may enhance the agency's ability
to protect youth from sexual abuse.
(f) Responsive Planning.
(1) Evidence Protocol and Forensic Medical Examinations.
(A) TJJD follows a uniform evidence protocol when responding
to allegations of sexual abuse. The evidence protocol must be developmentally
appropriate for youth.
(B) When evidentiarily or medically appropriate, TJJD
transports youth who experience sexual abuse to a hospital, clinic,
or emergency room that can provide for medical examination by a Sexual
Assault Nurse Examiner (SANE), Sexual Assault Forensic Examiner (SAFE),
or other qualified medical practitioners. All such medical examinations
are provided at no financial cost to the youth.
(C) If requested by a youth who experiences sexual
abuse, a victim advocate will accompany and support the youth through
the forensic medical examination and investigatory interviews. The
victim advocate provides emotional support, crisis intervention, information,
and referrals.
(D) TJJD seeks to secure victim advocacy services from
local rape crisis centers. If a rape crisis center is not available,
TJJD makes these services available through a qualified staff member
from a community-based organization or from a qualified TJJD staff
member who has been screened for appropriateness to serve in this
role and has received education concerning sexual assault and forensic
examination issues.
(2) Policies to Ensure Referrals of Allegations for
Investigations.
(A) The TJJD Office of Inspector General (OIG) reviews
all allegations of sexual abuse and sexual harassment and assigns
each allegation to the appropriate TJJD department to complete a criminal
investigation, administrative investigation, or both.
(B) Under Texas Human Resources Code §242.102,
the OIG is authorized to conduct criminal investigations.
(g) Training and Education.
(1) Employee Training.
(A) TJJD provides PREA-related training to all employees
who may have contact with youth. The training is tailored to the unique
needs and attributes of youth in juvenile facilities and to the specific
gender(s) represented at the facility. The training addresses:
(i) the zero-tolerance policy for sexual abuse, sexual
harassment, and sexual activity;
(ii) how to fulfill employees' responsibilities to
prevent, detect, report, and respond to sexual abuse and sexual harassment;
(iii) youths' right to be free from sexual abuse and
sexual harassment;
(iv) the right of youth and employees to be free from
retaliation for reporting sexual abuse and sexual harassment;
(v) the dynamics of sexual abuse and sexual harassment
in juvenile facilities;
(vi) the common reactions of juvenile victims of sexual
abuse and sexual harassment;
(vii) how to detect and respond to signs of threatened
and actual sexual abuse and how to distinguish between consensual
sexual contact and sexual abuse between youth;
(viii) how to avoid inappropriate relationships with
youth;
(ix) how to communicate effectively and professionally
with youth, including lesbian, gay, bisexual, transgender, intersex,
or gender nonconforming youth;
(x) how to comply with relevant laws related to mandatory
reporting of sexual abuse; and
(xi) relevant laws and rules regarding consent.
(B) TJJD requires all employees to receive the PREA-related
training annually. An employee must receive additional training if
he/she is reassigned from a male-only facility to a female-only facility
or vice versa.
(C) TJJD documents employees' written verification
that they understand the training they have received.
(2) Volunteer and Contractor Training. TJJD ensures
and documents that all volunteers and contractors who have direct
access to youth have been trained on and understand their responsibilities
under this rule and any other related TJJD policies and procedures.
(3) Youth Education.
Cont'd... |
