Protocol Against Child Endangerment
The Juvenile Justice Center has created the Protocol Against Child Endangerment (PACE) to ensure the the facility is compliance with the Prison Rape Elimination Act (PREA).
The Juvenile Justice Center has mandated zero tolerance toward all forms of sexual abuse and sexual harassment. Sexual abuse and sexual harassment can be from resident to resident or from staff member, contractor, or volunteer to resident.
Sexual abuse of a resident by another resident includes any of the following:
- If the victim does not consent or is pressured by threats of violence, even if implied, 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.
- Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation.
Sexual abuse of a resident by a staff member, contractor, or volunteer includes any of the following, with or without the consent of the resident:
- Contact between the penis and genitals or anus, including penetration, however slight.
- Contact between the mouth and the genitals or anus.
- Contact between the mouth and any body part where the staff member, contractor, or volunteer has the intent to abuse.
- Penetration, unrelated to official duties, of the anal or genital opening, however slight, by any body part or object.
- Any other intentional contact, unrelated to official duties, directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks.
- Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in these activities.
- Any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of a resident.
- Voyeurism by a staff member, contractor, or volunteer, or an invasion of privacy of a resident by staff for reasons unrelated to official duties, such as, peering at a resident who is using a toilet in his or her cell to perform bodily functions; requiring resident to expose their buttocks, genitals, or breasts; or taking images of all or part of a resident’s naked body or performing bodily functions.
Sexual harassment includes:
- Repeated and unwelcome sexual advances.
- Requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one resident directed toward another.
- Repeated verbal comments or gestures of a sexual nature to a resident by a staff member, contractor, or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.
If a resident experiences sexual abuse or harassment they should report it as soon as possible. Reports of violations will not be retaliated against in any way. Residents do not have to reveal their identity in reporting and are allowed to report abuse against other residents. Reports can be made in the following ways:
- To Detention Officers, Control Officers, Detention Supervisors, Nursing Staff, Mental Health/Social Services Staff, or Detention Administration staff both verbally or in writing.
- By completing a Pink Grievance Form for the Grievance Specialist.
- To parents/guardians during visits or phone calls, who can then report it to staff.
PREA Standard 115.321- Evidence protocol and forensic medical examinations
The PACE Site Compliance Manager will establish a written Memorandum of Understanding (MOU) with a medical facility that has Sexual Assault Forensic Examiners (SAFE) or Sexual Assault Nurse Examiners (SANE) personnel and with a Rape Crisis Center. The JJC will refer victims of sexual abuse to an agency that follows evidence protocols for forensic medical examinations.
(a) To the extent the JJC is responsible for investigating allegations of sexual abuse, it shall follow a uniform evidence protocol that maximizes the potential for obtaining usable physical evidence for administrative proceedings and criminal prosecutions.
(b) The protocol to be used is the “A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents.”
(c) The JJC shall offer all juveniles who experience sexual abuse access to forensic medical examinations whether on-site or at an outside program, without financial cost, where evidentiary or medically appropriate. Such examinations shall be performed by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse Examiners (SANEs) where possible. If SAFEs or SANEs cannot be made available, the examination can be performed by other qualified medical practitioners informed on the protocols listed above. The JJC shall document its efforts to provide SAFEs or SANEs medical practitioners and place in the juvenile’s medical file.
(d) The JJC shall attempt to make available to the victim a victim advocate from a rape crisis center. If a rape crisis center is not available to provide victim advocate services, the JJC shall make available to provide these services a qualified staff member from a community-based organization or a qualified JJC staff member. The JJC shall document efforts to secure services from rape crisis centers. For the purpose of this standard, a rape crisis center refers to an entity that provides intervention and related assistance, such as the services specified in 42 U.S.C. 14043g(b)(2)(C), to victims of sexual assault of all ages. The JJC may utilize a rape crisis center that is part of a governmental unit as long as the center is not part of the criminal justice system (such as a law enforcement program) and offers a comparable level of confidentiality as a nongovernmental entity that provides similar victim services.
(e) As requested by the victim, the victim advocate, qualified JJC staff member, or qualified community-based organization staff member shall accompany and support the victim through the forensic medical examination process and investigatory interviews and shall provide emotional support, crisis intervention, information, and referrals.
(f) To the extent the JJC itself is not responsible for investigating allegations of sexual abuse, it shall request that the investigating authority follow the requirements of paragraphs (a) through (e) of this section.
(g) The requirements of paragraphs (a) through (f) of this section shall also apply to:
(1) Any State entity outside of the JJC that is responsible for investigating allegations of sexual abuse in juvenile facilities; and
(2) Any Department of Justice component that is responsible for investigating allegations of sexual abuse in juvenile facilities.
(h) For the purposes of this standard, a qualified JJC staff member or a qualified community-based staff member shall be an individual who has been screened for appropriateness to serve in this role and has received education concerning sexual assault and forensic examination issues in general.
(i)When outside agencies investigate sexual abuse, the JJC shall cooperate with outside investigators and shall endeavor to remain informed about the progress of the investigation.
PREA Standard 115.322- Policies to ensure referrals of allegations for investigations
The JJC shall ensure that an administrative investigation is completed for all allegations of sexual abuse and sexual harassment.
(a) Allegations of sexual abuse or sexual harassment will be referred for investigation to an agency with the legal authority to conduct criminal investigations, unless the allegation does not involve potentially criminal behavior. The determination of whether an allegation involves potentially criminal behavior will be made by the Director of Detention or the Assistant Director of Detention.
(b)The organization shall publish such policy on its website.
(c)All referrals shall be documented.
(d) If a criminal investigation is conducted, the JJC will provide the following:
- Incident/ Information Reports
- Access to JJC and location of the incident
- Access to juveniles and / or staff involved
- Access to all records deemed necessary to complete the investigation