For The Prevention, Detection, Response, and Monitoring of
Sexual Abuse in:

Juvenile Facilities

II. PREVENTION

(TR)

Training and Education (TR)

(TR1)

Employee training

The agency trains all employees to be able to fulfill their responsibilities under agency sexual abuse prevention, detection, and response policies and procedures; the PREA standards; and under relevant Federal, State, and local law. The agency trains all employees to communicate effectively and professionally with all residents. Additionally, the agency trains all employees on a resident’s right to be free from sexual abuse, the right of residents and employees to be free from retaliation for reporting sexual abuse, the dynamics of sexual abuse in confinement, and the common reactions of sexual abuse victims. Current employees are educated as soon as possible following the agency’s adoption of the PREA standards, and the agency provides periodic refresher information to all employees to ensure that they know the agency’s most current sexual abuse policies and procedures. The agency maintains written documentation showing employee signatures verifying that employees understand the training they have received.

Assessment Checklist	YES	NO
(a) Do employees receive the training necessary to fulfill their responsibilities under agency sexual abuse prevention, detection, and response policies and procedures; the PREA standards; and relevant Federal, State, and local law?
(b) Does the agency train all employees to communicate effectively and professionally with all residents?
(c) Does the agency train all employees on the following topics?
• A resident’s right to be free from sexual abuse
• The right of residents and employees to be free from retaliation for reporting sexual abuse
• The dynamics of sexual abuse in confinement
• The common reactions of sexual abuse victims
(d) Does the agency provide periodic refresher training to ensure that all employees are educated on the agency’s most current sexual abuse policies and procedures?
(e) Following training, does the agency require employees to sign documentation stating that they understand the training they have received and maintain documentation of these signatures?

Discussion

Under this standard, each agency must provide employees with the knowledge and skills to prevent sexual abuse from occurring, to identify signs that sexual abuse may be occurring, and to take the appropriate actions when they learn of recent or historical incidents of sexual abuse. Additionally, it is important that all employees are trained to communicate effectively and professionally with all residents, including those of different races, ethnicities, cultural or religious backgrounds, ages, genders, and sexual orientations, as well as residents with differing cognitive abilities. Good communication encourages greater trust between employees and residents, which may remove one of the obstacles to resident reporting of sexual abuse.

Employee training can take place in multiple venues, including roll calls, on-the-job training, new employee orientations, and pre-service or in-service academies. It is recommended that an agency’s sexual abuse training programs be accompanied by clear sexual abuse prevention policies developed with an eye toward overcoming any anticipated employee resistance to or concerns about such policies. When putting together a training plan, agency administrators and/or PREA coordinators may find it helpful to consult the many resources and training materials already available, including those developed by other local, State, and Federal juvenile justice agencies; the National Institute of Corrections (NIC); and the Bureau of Justice Assistance (BJA).

A full list of suggested employee training topics and procedures is provided in Appendix B. Although Appendix B is not an exhaustive or exclusive list, agencies may wish to use these items as a starting point for developing their own employee training curriculum and programs.

(TR2)

Volunteer and contractor training

The agency ensures that all volunteers and contractors who have contact with residents have been trained on their responsibilities under the agency’s sexual abuse prevention, detection, and response policies and procedures; the PREA standards; and relevant Federal, State, and local law. The level and type of training provided to volunteers and contractors is based on the services they provide and level of contact they have with residents, but all volunteers and contractors who have contact with residents must be notified of the agency’s zero-tolerance policy regarding sexual abuse. Volunteers must also be trained in how to report sexual abuse. The agency maintains written documentation showing volunteer and contractor signatures verifying that they understand the training they have received.

Assessment Checklist	YES	NO
(a) Does the agency ensure that all volunteers and contractors who have contact with residents have been trained on their responsibilities under the agency’s sexual abuse prevention, detection, and response policies and procedures; the PREA standards; and relevant Federal, State and local law?
(b) Does the agency tailor its training for volunteers and contractors based on the services they provide and the level of contact they have with residents?
(c) Are all volunteers and contractors who have contact with residents notified of the agency’s zero-tolerance policy regarding sexual abuse?
(d) Are all volunteers trained in how to report sexual abuse to direct care staff and/or other parties, when appropriate?
(e) Following training, does the agency require volunteers and contractors to sign documentation stating that they understand the training they have received and maintain documentation of these signatures?

Discussion

Because many volunteers have frequent contact with residents, it is important that all volunteers for the agency receive basic training on the PREA standards, the agency’s zero-tolerance policy, and their responsibilities for reporting sexual abuse to direct care staff. Additionally, any contractors who have any contact with residents, however minimal, will also need to be trained on the agency’s zero-tolerance policy. The agency may choose to provide more detailed training for all or some subset of volunteers in their facilities, including many of the same topics suggested for employee training in Appendix B.

Volunteers may be trained off-site by their volunteer organization as long as the organization’s training program meets the minimum requirements outlined in this standard. In these instances, the facility must verify that the off-site training meets the requirements of this standard and maintain documentation that volunteers have received and understand this training, as mandated by the standard. If the agency trains volunteers, agency administrators and/or PREA coordinators may find it helpful to consult the many resources and training materials already available, including those developed by other local, State, and Federal juvenile justice agencies; NIC; and BJA.

(TR3)

Resident education

During the intake process, staff informs residents of the agency’s zero-tolerance policy regarding sexual abuse and how to report incidents or suspicions of sexual abuse in an age-appropriate fashion. Within a reasonably brief period of time following the intake process, the agency provides comprehensive, age-appropriate education to residents regarding their right to be free from sexual abuse and to be free from retaliation for reporting abuse, the dynamics of sexual abuse in confinement, the common reactions of sexual abuse victims, and agency sexual abuse response policies and procedures. Current residents are educated as soon as possible following the agency’s adoption of the PREA standards, and the agency provides periodic refresher information to all residents to ensure that they know the agency’s most current sexual abuse policies and procedures. The agency provides resident education in formats accessible to all residents, including those who are LEP, deaf, visually impaired, or otherwise disabled as well as inmates who have limited reading skills. The agency maintains written documentation of resident participation in these education sessions.

Assessment Checklist	YES	NO
(a) During the intake process, does staff inform residents of the agency’s zero-tolerance policy regarding sexual abuse in an age-appropriate fashion?
(b) During the intake process, does staff tell residents how to report incidents or suspicions of sexual abuse?
(c) Does the agency provide comprehensive, age-appropriate education to residents within a reasonably brief period of time following the intake process?
(d) Does the comprehensive, age-appropriate education for residents include the following topics?
• A resident’s right to be free from sexual abuse and free from retaliation for reporting abuse
• The dynamics of sexual abuse in confinement
• The common reactions of sexual abuse victims
• Agency sexual abuse response policies and procedures
(e) Does the agency provide periodic refresher training to ensure that all residents are educated on the agency’s most current sexual abuse policies and procedures?
(f) Does the agency make training information available in formats accessible to all residents, including those who are LEP, deaf, visually impaired, or otherwise disabled and residents who have limited reading skills?
(g) Does the facility verify resident attendance at training sessions and maintain this written verification?

Discussion

Residents need to be educated about the agency’s sexual abuse policies so they understand how to protect themselves against sexual abuse, how to report sexual abuse, what will happen following a report, and the consequences for committing sexual abuse. A strong resident education program will send a message to residents that sexual abuse is taken seriously and that the agency will protect residents who report incidents of sexual abuse and refer investigations for disciplinary action and/or criminal prosecution. Due to the wide age range of residents in some facilities, agencies should ensure that this information is delivered in an age-appropriate fashion. For example, a very young resident will have a much different reaction than an older resident to such information; the young resident may become frightened or not understand the terms and concepts used when he or she is informed of the agency’s sexual abuse policies. In such cases, staff may choose to inform residents of the agency’s zero-tolerance policy by telling them that no relationships beyond friendship are permitted. The delivery of such information should always be tailored to the specific needs and age/maturity level of the residents receiving the information.

In addition to determining an appropriate time frame for providing comprehensive education to new residents, the agency should develop a plan for providing the resident education program to current residents to ensure that training is provided within a reasonable period of time after the adoption of the PREA standards, as required by this standard. Staff conducting the training should consider using some of the following tools, depending on the learning needs of the population they are training: videos, written materials, and structured discussions. As with developing an employee or volunteer training program, when putting together a resident training plan, agency administrators and/or PREA coordinators may find it helpful to consult the many resources and training materials already available, including those developed by other local, State, and Federal juvenile justice agencies; NIC; and BJA. Staff may need to train residents in small groups and in settings with few distractions due to the sensitive nature of the material. In addition to training sessions provided at specific times, the agency should ensure key information is continually and readily available and/or visible to the resident population through posters, resident handbooks, or other written formats.

(TR4)

Specialized training: Investigations

In addition to the general training provided to all employees (TR-1), the agency ensures that agency investigators conducting sexual abuse investigations have received comprehensive and up-to-date training in conducting such investigations in confinement settings. Specialized training must include techniques for interviewing young sexual abuse victims, proper use of Miranda- and Garrity-type warnings, sexual abuse evidence collection in confinement settings, and the criteria and evidence required to substantiate a case for administrative action or prosecution referral. The agency maintains written documentation that investigators have completed the required specialized training in conducting sexual abuse investigations.

Assessment Checklist	YES	NO
(a) Does the agency ensure that all agency investigators conducting sexual abuse investigations have received training in conducting such investigations in confinement settings?
(b) Does specialized training for sexual abuse investigators include the following?
• Techniques for interviewing young sexual abuse victims
• Proper use of Miranda- and Garrity-type warnings
• Sexual abuse evidence collection in confinement settings
• Criteria and evidence required to substantiate a case for administrative action or prosecution referral
(c) Does the agency verify that investigators have completed specialized training in conducting sexual abuse investigations and maintain written verification?

Discussion

Substantiating and resolving incidents of sexual abuse in confinement settings requires highly competent investigations. Sexual abuse investigations in confinement settings are complicated, and an agency will not be successful in addressing abuse if it does not ensure that investigators are sufficiently trained.

Because the trauma of sexual abuse can be especially devastating to victims in custody who may already feel powerless and isolated, special care should be given to the quality and training of the investigator to ensure that victims and witnesses are treated in a manner that facilitates both victims’ recovery and cooperation. It is critically important for sexual abuse investigators to be trained in how to interview young sexual abuse victims and witnesses, who may be reluctant to speak to investigators or generally uncooperative. Young victims are less likely to understand the investigator’s role or feel comfortable describing the details of the abuse to an authority figure, especially if the victim feels threatened. Training on strategies for communicating effectively and professionally with young victims, as well as making sure that all victims and witnesses are interviewed in locations where they feel comfortable talking about the incident, will help investigators complete their responsibilities without re-traumatizing young victims. Additionally, all investigators should know how and when to administer Miranda- and/or Garrity-type warnings to subjects of investigations.

Collecting evidence in a confinement setting requires that investigators understand where to look for evidence in these settings, including DNA evidence, and how direct care staff will secure and preserve crime scenes. Sexual abuse investigators should also know how and when to photograph injuries. In addition to knowing how to collect evidence in a confinement setting, investigators also need to know how to evaluate that evidence according to the different standards of proof required to substantiate a case for administrative action or prosecution referral. It may also be helpful for investigators to have an understanding of how cases are evaluated for prosecutorial merit.

When developing training curricula for investigators, the agency may find it helpful to consult training materials developed by other Federal, State, and local juvenile justice agencies; NIC; and BJA. In the event investigators have previously received the comprehensive training described above, the agency does not need to re-train the investigators. In such instances, the agency will need to verify the investigators’ preexisting knowledge and understanding of the requirements listed in this standard and their responsibilities under agency policy; the PREA standards; and Federal, State, or local law.

(TR5)

Specialized training: Medical and mental health care

The agency ensures that all full- and part-time medical and mental health care practitioners working in its facilities have been trained in how to detect and assess signs of sexual abuse and that all medical practitioners are trained in how to preserve physical evidence of sexual abuse. All medical and mental health care practitioners must be trained in how to respond effectively and professionally to young victims of sexual abuse and how and to whom to report allegations or suspicions of sexual abuse. The agency maintains documentation that medical and mental health practitioners have received this specialized training.

Assessment Checklist	YES	NO
(a) Does the agency ensure that all full- and part-time medical and mental health care practitioners working in its facilities have been trained in how to detect and assess signs of sexual abuse?
(b) Does the agency ensure that all full- and part-time medical practitioners working in its facilities have been trained in how to preserve physical evidence?
(c) Are all full- and part-time medical and mental health care practitioners trained in how to respond effectively and professionally to young victims of sexual abuse?
(d) Does the agency provide training in how and to whom to report allegations or suspicions of sexual abuse?
(e) Does the agency verify that all full- and part-time medical and mental health practitioners have received specialized training in detecting, assessing, and responding to sexual abuse victims and maintain this written verification?

Discussion

Residents are often more likely to report sexual abuse to medical or mental health practitioners rather than direct care staff. It is therefore critical that agencies provide training for medical and mental health practitioners on how to detect sexual abuse and how to elicit, receive, and forward reports of sexual abuse. Additionally, medical and mental health practitioners should be trained and experienced in working with children and young victims of sexual abuse, including how to address the unique developmental and psychosocial needs of confined youth. Youth in confinement are often reluctant to speak with practitioners or confused about the services they are receiving, and many have prior histories of sexual abuse in the community that should be dealt with and discussed in a sensitive manner. Medical and mental health practitioners will be better suited to deliver effective and comprehensive services if they have the proper training to treat young victims.

This standard requires that all full- and part-time practitioners who regularly work at a facility, whether contractors or staff, be specially trained. The Commission recognizes that there may be occasions in which a practitioner works at the facility on an extremely short, ad hoc basis. For example, a practitioner may be serving as an emergency substitute for a sick staff member. The standard does not require the agency to ensure such practitioners have received the special training, although it may want to do so to guarantee that at least one specially trained practitioner is on duty at all times.

In the event medical and mental health care practitioners have previously received the training described above, the agency does not need to re-train the medical and mental health care staff. In such instances, the agency will need to verify the staff members’ preexisting knowledge and understanding of the requirements listed in this standard, and their responsibilities under agency policy; the PREA standards; and Federal, State, or local law.

(AP)

Assessment and Placement of Residents (AP)

(AP1)

Obtaining information about residents

During intake and periodically throughout a resident’s confinement, employees obtain and use information about each resident’s personal history and behavior to keep all residents safe and free from sexual abuse. At a minimum, employees attempt to ascertain information about prior sexual victimization or abusiveness; sexual orientation and gender identity; current charges and offense history; age; level of emotional and cognitive development; physical size/stature; mental illness or mental disabilities; intellectual/developmental disabilities; physical disabilities; and any other specific information about individual residents that may indicate heightened needs for supervision, additional safety precautions, or separation from certain other residents. This information may be ascertained through conversations with residents at intake and medical and mental health screenings; during classification assessments; and by reviewing court records, case files, facility behavioral records, and other relevant documentation from the residents’ files. Medical and mental health practitioners are the only staff permitted to talk with residents to gather information about their sexual orientation or gender identity, prior sexual victimization, history of engaging in sexual abuse, mental health status, and mental or physical disabilities. If the facility does not have medical or mental health practitioners available, residents are given an opportunity to discuss any safety concerns or sensitive issues privately with another employee.

Assessment Checklist	YES	NO
(a) During intake and periodically throughout a resident’s confinement, do employees attempt to ascertain information about the following?
• Prior sexual victimization or abusiveness
• Sexual orientation or gender identity
• Current charges and offense history
• Age
• Level of emotional and cognitive development
• Physical size/stature
• Mental illness
• Mental or physical disabilities
• Intellectual or developmental disabilities
• Any other specific information about individual residents that may indicate the need to separate them from other residents
(b) Is information about residents ascertained through multiple channels, including conversations with residents at intake and medical and mental health screenings; during classification assessments; and by reviewing court records, case files, facility behavior records, and other relevant documentation?
(c) Are medical and mental health practitioners the only staff permitted to talk with residents to gather information about their sexual orientation or gender identity, prior sexual victimization, history of engaging in sexual abuse, mental health status, and mental or physical disabilities?

Discussion

Under this standard, during intake screenings and subsequently, employees must attempt to ascertain information about previous sexual victimization and abusiveness, sexual orientation and gender identity, and other enumerated factors that may be helpful to know in keeping all residents safe while confined. Currently, there is little known about what makes certain residents more vulnerable to sexual abuse or to being sexually abusive. As such, employees should make individualized determinations regarding placement of youth and use their professional judgment to protect all youth in the facility. The Commission strongly recommends that agencies consult emerging research periodically to determine if there are new factors or considerations that research has identified as being useful for making assessments about future victimization or abusiveness.

Knowing that a young person is lesbian, gay, bisexual, or transgender can help facilities plan for the youth’s safety. Research on victimization outside of the juvenile justice area suggests that certain characteristics, such as openly identifying as lesbian, gay, bisexual, or transgender; having a history of victimization or mental illness; or having a mental disability, may make some residents more vulnerable to harassment, bullying, physical violence, or even sexual abuse. However, it is generally not appropriate for employees to ask direct questions about sexual orientation or gender identity as part of initial intake or to discuss these sensitive issues in non-private areas. Rather, the agency should create an atmosphere of acceptance in which youth are more likely to reveal such information voluntarily. Therefore, this standard requires that any information regarding sexual orientation and other sensitive issues, such as gender identity, be ascertained by medical and mental health practitioners during private medical and mental health intake and reception screenings and in accordance with their professional judgment, taking into account the resident’s age and other developmental factors (MM-1).

(AP2)

Placement of residents in housing, bed, program, education, and work assignments

Employees use all information obtained about the resident at intake and subsequently to make placement decisions for each resident on an individualized basis with the goal of keeping all residents safe and free from sexual abuse. When determining housing, bed, program, education and work assignments for residents, employees must take into account a resident’s age; the nature of his or her offense; any mental or physical disability or mental illness; any history of sexual victimization or engaging in sexual abuse; his or her level of emotional and cognitive development; his or her identification as lesbian, gay, bisexual, or transgender; and any other information obtained about the resident (AP-1). Residents may be isolated from others only as a last resort when less restrictive measures are inadequate to keep them and other residents safe, and then only until an alternative means of keeping all residents safe can be arranged.

Assessment Checklist	YES	NO
(a) Do employees use all information obtained about a resident at intake and subsequently to make placement decisions on an individualized basis with the goal of keeping all residents safe and free from sexual abuse?
(b) When determining housing, bed, program, education, and work assignments for residents, do employees take into account all the known information about the resident?
(c) Are residents isolated from others only as a last resort when less restrictive measures are inadequate to keep them and other residents safe, and then only until an alternative means of keeping all residents safe can be arranged?

Discussion

Ensuring that employees make deliberate, informed decisions about how and where to place residents, rather than, for example, making decisions solely based on available bed space, will go a long way toward keeping all residents safe from sexual abuse. Decisions regarding housing are particularly important, and when assigning a resident to shared rooms or pods, as is necessary in many facilities, employees ought to take special care to consider all the information known about the resident and to determine the appropriate pairing or pod assignment. Due to differences in cognitive and emotional development, employees should make every effort to house younger residents with residents close to their age, rather than with older residents. Similarly, individuals who are placed in a facility for status offenses should be housed separately from other residents when possible.

Although this standard mandates using all information known about a resident early in his or her confinement to inform housing, bed, program, education, and work assignments, this information can change over time, and more information could become available during the course of a youth’s confinement. As such, resident case managers and other staff should check in periodically with residents to make sure their placements are appropriate; that residents feel comfortable; and that residents are not experiencing any unwanted sexual behavior or threats from staff or other residents.

Facilities should be able to keep residents safe without relying on isolation or prolonged room confinement for potential or actual victims or abusers. Isolating a youth from others for safety reasons should only be undertaken as a last resort and then only for as short a time as possible. If prolonged isolation is the only option for keeping residents safe, the facility should consider transfers to other facilities. Transfers should also be considered for residents who request them for safety reasons.