Idaho Administrative Code › Title IDAPA 05 - Juvenile Corrections, Department of › Rule 05.02.01 - RULES FOR RESIDENTIAL TREATMENT PROVIDERS › Subchapter A - RULES FOR ALL RESIDENTIAL TREATMENT PROVIDERS › Section 05.02.01.134 - PROHIBITED CONTACT AND PREA COMPLIANCE

Current through August 31, 2023
01.
Sexual Abuse of Juvenile Offenders
. The Provider must have written policies and procedures mandating zero tolerance toward all forms of sexual abuse and sexual harassment and outlining the agency's approach to preventing, detecting, and responding to such conduct. These policies and procedures must contain, at a minimum, the following: (3-31-22)
a. The prohibition of any sexual abuse or sexual harassment as defined in PREA Standards or as defined in Section  18-6110, Idaho Code; (3-31-22)
b. The appointment of a PREA Coordinator, as outlined in PREA Standards  28 C.F.R. 115.311(c), to be determined by the program director; (3-31-22)
c. Procedures that enable juvenile offenders to shower, perform bodily functions, and change clothing without non-medical staff of the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine well-being checks, as outlined in PREA Standards  28 C.F.R. 115.315(d); (3-31-22)
d. The requirement of staff of the opposite gender to announce their presence when entering a housing unit or any area where juvenile offenders are likely to be showering, performing bodily functions, or changing clothing, as outlined in PREA Standards  28 C.F.R. 115.315(d); (3-31-22)
e. The provision of multiple avenues for a juvenile offender or a third party to report sexual abuse and sexual harassment, at least one of which must be external to the agency, as outlined in PREA Standards  28 C.F.R. 115.351; (3-31-22)
f. The process for gathering information to make classification and housing decisions to reduce the risk of sexual victimization, as outlined in PREA Standards  28 C.F.R. 115.342; (3-31-22)
g. The handling of all information regarding sexual abuse or sexual harassment with confidentiality, as outlined in PREA Standards  28 C.F.R. 115.361(c); (3-31-22)
h. The process to ensure that allegations of sexual abuse or sexual harassment are referred for investigation to an agency with legal authority to conduct criminal investigations, unless the allegation does not involve potentially criminal behavior, as outlined in PREA Standards  28 C.F.R. 115.322; (3-31-22)
i. Policies to protect all residents and staff who report sexual abuse or sexual harassment from acts of retaliation as outlined in PREA Standards  28 C.F.R. 115.367; (3-31-22)
j. The provision of timely and unimpeded access to crisis intervention services, medical, and mental health care to victims, as outlined in PREA Standards  28 C.F.R. 115.382(a); (3-31-22)
k. The provision for and documentation of training to staff, as outlined in PREA Standards  28 C.F.R. 115.331; (3-31-22)
l. The provision for and documentation of age-appropriate education to juvenile offenders, as outlined in PREA Standards  28 C.F.R. 115.333; (3-31-22)
m. Within 30 days of the conclusion of every sexual abuse investigation the Provider must conduct a sexual abuse incident review, as outlined in PREA Standards  28 C.F.R. 115.386; (3-31-22)
n. A process that requires reporting and documentation of any instance of sexual abuse among juvenile offenders or between juvenile offenders and staff or volunteers, according to Subsection  156.01  and Subsection  156.05  of these rules. These must be reported on a form provided by the Department; (3-31-22)
o. A process for an initial internal investigation when sexual abuse is reported; (3-31-22)
p. An expected first response practice of separating the alleged perpetrator from the alleged victim until the investigation is complete; (3-31-22)
q. In addition to completing the form supplied by the Department, the Provider must document all steps taken to ensure the juvenile offender's safety; and (3-31-22)
r. The Provider must report all sexual abuse to appropriate licensing authority or law enforcement when sexual abuse is suspected. (3-31-22)