Los Angeles Los Padrinos Targeted Insp CAP Rpt 23-24 JH (2023-2024 inspection cycle)

October 17, 2023 Guillermo Viera Rosa, Chief Probation Officer Los Angeles County Probation Department 1601 Eastlake Avenue Los Angeles, California 90033 SUBJECT: RESPONSE TO LOS ANGELES COUNTY’S CORRECTIVE ACTION PLAN FOR LOS PADRINOS JUVENILE HALL – WELFARE AND INSTITUTIONS CODE SECTION 209(d) Dear Chief Viera Rosa: The Board of State and Community Corrections (BSCC) is in receipt of your Corrective Action Plan (CAP) dated October 16, 2023, for the items of noncompliance found during the August 18, 2023 targeted inspection of the Los Padrinos Juvenile Hall. This letter provides notice that this CAP has been approved as required by Welfare and Institutions Code section 209, subdivision (d). Pursuant to section 209(d), an approved CAP was required by October 17, 2023. Section 209(d) also requires that the CAP give a reasonable timeframe to come into compliance, not to exceed 90 days. Your CAP indicates that all corrective action will be complete by January 10, 2024. BSCC staff will verify completed corrective action after January 10, 2024. BSCC is available for technical assistance throughout the CAP period. Please let me know if you have any questions. Sincerely, ALLISON GANTER Deputy Director Facilities Standards and Operations Cc: Presiding Judge, Los Angeles County Juvenile Court Chair, Juvenile Justice Commission, Los Angeles County Chair, Board of Supervisors, Los Angeles County County Administrator, Los Angeles County Tyson Nelson, Senior Deputy County Counsel, Los Angeles County Counsel's Office LOS ANGELES COUNTY PROBATION DEPARTMENT LOS PADRINOS JUVENILE HALL CORRECTIVE ACTION PLAN – OCTOBER 16, 2023 FINAL Title 15. Regulation BSCC Preliminary Finding Probation's Corrective Action Plan Assigned To Completion Section Date § 1321. Each juvenile facility shall: (a) Facility shift staffing forms were provided Los Padrinos Juvenile Hall (LPJH) staffing numbers are slowly increasing as Banuelos / January 10, Staffing. have an adequate number of for the week of July 20-July 27, 2023. more full-time staff are reporting to work with more frequency. Youth are Director on 2024 personnel sufficient to carry out While on paper, staffing schedules regularly attending school, programming, exercise and recreation, however Duty / the overall facility operation and appear to be adequate, we observed consistency in documentation needs to be improved. Dominguez / its programming, to provide for lack of staffing and staff who appear Williams / HR / safety and security of youth and non-engaged with the youth. When Since September 2023, staffing levels have increased significantly with the LPJH Quality staff, and meet established asked, some line staff appear to be deployment of field staff to cover shifts. Since that date, staffing ratios have Assurance standards and regulations; unaware of who is in charge of the shift remained regularly within minimum ratios. Educational services, recreation, Team (QA) / or have clear direction during their shift. visitation, religious services, and programming have not been negatively Compliance (b) ensure that no required Staffing documents are unclear impacted as a result of staffing shortages at LPJH, but timely attendance and Team services shall be denied because regarding supervisors present and onsite proper documentation is still lacking. of insufficient numbers of staff on in the building and their hours. duty absent exigent As a measure to ensure that programing, education, and other essential circumstances; Staff are routinely held over without functions take place, some field officers were temporarily reassigned to the notice to cover shifts or to cover call facility. In addition, the Chief Probation Officer reimplemented field officer outs; some report this occurs multiple deployment with the mandate to work 1-2 days a week at LPJH. times a week. Staff report that they are exhausted as a result. Most staff believe Facility management monitors staffing each shift and ensures that ample staffing the unscheduled, mandatory holdovers are present to provide opportunities to recreation, education and other programs, negatively impact good attendance. if not, a call for deployment to assist with staffing ratios is requested. Additionally, there is a significant number of 1:1’s that impact staffing. Further, to address the highlighted issue of staff holdovers, the Department has created and will soon pilot test a scheduling application to ensure deployed staff Some youth also reported not feeling see their deployment schedule for a month in advance with the intent to have the safe due to the lack of staff or more staff be assigned to the same unit. specifically due to the lack of “their staff.” Those we spoke to spoke highly of most The Department will do a staffing analysis to determine the minimum number of staff but noted “we need more staff” and staff needed at LPJH since the move of the pre-disposition youth. This analysis we want “this staff” or “that staff.” It was will include physical plant considerations and the relief factor. clear through our conversations that youth were more at ease on certain shifts. Most rooms are wet rooms at Los The County recognizes the need for additional staff and not rely on deployment Padrinos; however, there were some of field staff long term. ATTACHMENT 1 is the Department's strategic staffing youth who reported urinating in their plan that addresses the recruitment of staff, retention of staff and overall staff room at night. wellness. Whereas, this is a long-term, multiple year approach, staff are being HOA.104411599.7 1 LOS ANGELES COUNTY PROBATION DEPARTMENT LOS PADRINOS JUVENILE HALL CORRECTIVE ACTION PLAN – OCTOBER 16, 2023 FINAL Title 15. Regulation BSCC Preliminary Finding Probation's Corrective Action Plan Assigned To Completion Section Date hired at increasing numbers. Probation recently contracted with a recruitment consulting firm that specializes in law enforcement recruitment. Department and facility management regularly monitor staffing numbers and continue to readjust strategies for staffing when necessary. The Compliance Team in the Office of the Chief monitor educational minutes, recreation, programming and exercise to ensure any staffing issue does not interfere with the requirements of Title 15. The completion of this corrective action is January 10, 2024. HOA.104411599.7 2 LOS ANGELES COUNTY PROBATION DEPARTMENT LOS PADRINOS JUVENILE HALL CORRECTIVE ACTION PLAN – OCTOBER 16, 2023 FINAL Title 15. Regulation BSCC Preliminary Finding Probation's Corrective Action Plan Assigned To Completion Section Date § 1322. (b) Prior to assuming any Training documentation provided for all ATTACHMENT 2 staffing records for assigned staff at LPJH. The Department is Training Unit / January 10, Youth responsibility for the supervision of new staff who have recently been taking a multiple-step approach to training staff on "facility-specific" requirements. Falcon / 2024 Supervision youth, each youth supervision staff assigned to the facility and are new to the LPJH has identified the staff that have received the Juvenile Corrections Officer Williams Staff member shall receive a minimum agency. Core Course (JCOCC), but not the "facility-specific". A training schedule will be Orientation of 40 hours of facility-specific created to ensure the facility-specific training will occur and completed prior to and orientation, including: (1) individual No training records were provided for staff January 10, 2024. The training schedule will be provided to the BSCC. Training. and group supervision techniques; who are currently assigned or who may (2) regulations and policies be assigned to the facility; we are unable Second, the Department will identify staff deployed to LPJH who have not received relating to discipline and rights of to confirm that they have been trained the JCOCC nor the facility-specific training. The Department will prioritize the 40- youth pursuant to law and the accordingly. Any staff member regardless hour facility specific training and develop a training schedule for the facility specific, provisions of this chapter; (3) basic of assignment or rank, if tasked with child then develop a training schedule for these individuals in the JCOCC. health, sanitation and safety supervision, must be trained accordingly. measures; (4) suicide prevention Third, the Department will ensure all newly-assigned staff received the 40-hour and response to suicide attempts course. As the Department trains all newly hired juvenile institutions staff on the § (5) policies regarding use of force, 1322 topics in the academy, the Department will ensure all requirements of § 1322 deescalation techniques, chemical are met in the academy, and ensure all facility-specific information is included, or agents, mechanical and physical taught onsite at the facility. restraints; (6) review of policies and procedures referencing The Department, under separate cover, will provide the detailed training plans and trauma and trauma-informed data to the BSCC for review. approaches; (7) procedures to follow in the event of emergencies; (8) routine security measures, The completion date for this corrective action is January 10, 2024. including facility perimeter and grounds; (9) crisis intervention and HOA.104411599.7 3 LOS ANGELES COUNTY PROBATION DEPARTMENT LOS PADRINOS JUVENILE HALL CORRECTIVE ACTION PLAN – OCTOBER 16, 2023 FINAL Title 15. Regulation BSCC Preliminary Finding Probation's Corrective Action Plan Assigned To Completion Section Date mental health referrals to mental health services; (10) documentation; and (11) fire/life safety training. (c)Prior to assuming sole supervision of youth, each youth supervision staff member shall successfully complete the requirements of the Juvenile Corrections Officer Core Course pursuant to Penal Code Section 6035. (d) Prior to exercising the powers of a peace officer youth supervision staff shall successfully complete training pursuant to Section 830 et seq. of the Penal Code. HOA.104411599.7 4 LOS ANGELES COUNTY PROBATION DEPARTMENT LOS PADRINOS JUVENILE HALL CORRECTIVE ACTION PLAN – OCTOBER 16, 2023 FINAL Title 15. Regulation BSCC Preliminary Finding Probation's Corrective Action Plan Assigned To Completion Section Date §1324. All facility administrators shall The policy has not been updated to reflect The Department is re-organizing and re-drafting policies department-wide, which will Banuelos / January 10, Policy and develop, publish, and implement a policy or procedural changes or include the creation of an "institutional policy manual" for use at the juvenile hall, Falcon / 2024 Procedures manual of written policies and operations specific to Los Padrinos (LP). camps and SYTF, and the different facilities will have their own procedure manual. Harabid Manual. procedures that address, at a Forms have also not been updated. minimum, all regulations that are In the interim, the Department will continue to utilize the Detention Services Bureau applicable to the facility. Such a Multiple directives and full DSB policy (DSB) Manual at LPJH and the Department will develop an LPJH-specific procedure manual shall be made available to sections have been approved and guide. Additionally, the DSB manual references only Barry J. Nidorf (BJN) and all employees, reviewed by all released to facility staff as recently as July Central Juvenile Hall. The DSB manual will be updated to include references to employees, and shall be 25, 2023; however, there is no LPJH; any policy in the DSB manual that is non-applicable to LPJH, or conflicts with administratively reviewed at a consistency between these documents an LPJH procedure will be taken out of the manual. The procedure guide for LPJH minimum every two years, and and actual practice, nor are staff required will be effective be effective January 10, 2024. Finally, the Department will create a updated, as necessary. Those to sign-off when a new policy update or training plan and schedule to training LPJH on the procedures. records relating to the standards directive is released to be sure it has and requirements set forth in these been received, read, and understood by The completion date for this corrective action is January 10, 2024. regulations shall be accessible to facility staff, or that they have been the Board on request. trained on the new policy or directive. This section will remain out of compliance until the current policy and procedure manual is updated and available to all employees and the manual is specific to Los Padrinos Juvenile Hall. We will continue to provide Technical Assistance as requested and assist with reviewing the individual sections as they become available and upon request. §1325. Fire The facility administrator shall Current fire safety plan is not complete; ATTACHMENT 3 is the Fire Suppression Plan approved by Probation and Banuelos / January 10, Safety Plan. consult with the local fire facility managers are working on finalizing Downey Fire on June 22, 2023. Harabid 2024 department having jurisdiction their fire safety plan, including manual over the facility, or with the State updates, evacuation plans, emergency The Department will update its emergency evacuation policy – that addresses the Fire Marshal, in developing a plan housing, and final fire suppression with evacuation procedures for BJN-SYTF and Central Juvenile Hall to now address for fire safety which shall include, Downey Fire. the emergency evacuation of LPJH. In drafting the policy, the Department will but not be limited to: (f) a written consider rated capacity of the facilities in which youth will be evacuated, necessary plan for the emergency housing of bed and mattress availability at those facilities, and other logistical issues. youth in the case of fire; The completion date for this corrective action is January 10, 2024. HOA.104411599.7 5 LOS ANGELES COUNTY PROBATION DEPARTMENT LOS PADRINOS JUVENILE HALL CORRECTIVE ACTION PLAN – OCTOBER 16, 2023 FINAL Title 15. Regulation BSCC Preliminary Finding Probation's Corrective Action Plan Assigned To Completion Section Date § 1328. The facility administrator shall A review of the Guard 1 system report Measures will be implemented as a solution to the Safety Check deficiencies Banuelos / QA January 10, Safety develop and implement policy and indicates that safety checks regularly identified by BSCC during the inspection. Effective September 18, 2023, dedicated Team / 2024 Checks. procedures that provide for direct exceed 15 minutes. Guard 1 devices have been programmed to monitor the safety checks in all units Compliance visual observation of youth at a where young adults are housed. The LPJH Quality Assurance (QA) team will Team minimum of every 15 minutes, at DSB Manual Section 209: Duty remotely monitor the dedicated Guard 1 devices. random or varied intervals during Statement-Senior Detention Services hours when youth are asleep or Officer The dedicated Guard 1 devices now ping five (5) minutes before a safety check is when youth are in their rooms, due and when the safety check is late. The QA team will contact the unit when a confined in holding cells or DSB Manual Section 210: Duty ping is received to ensure the safety check is completed as required or justification confined to their bed in a Statement-Detention Services Officer is entered in the device when late. The current Security Check Accountability Log dormitory. will remain in place and track deficiencies with late or missing safety checks. If the late or missing safety check results from a policy violation, corrective action must DSB Manual Section 211: Group Supervision is not replaced, but be taken with the staff(s) involved (i.e., training, Supervisor Conference, etc.). Supervisor Nights may be supplemented by, an audio/visual electronic surveillance Further, the Department has created a new Compliance Team in the Office of the DSB Manual Section 630: Safety Checks system designed to detect overt, Chief. ATTACHMENT 4 is the compliance unit directive detailing everyone aggressive or assaultive behavior persons role in the safety check system. This corrective action aims to ensure and to summon aid in Safety checks were reviewed for July 23, compliance with the safety checks policy and preserve the safety and security of emergencies. All safety checks 2023 - July 26, 2023, for Units L/M, MOU, the young adults in our care, and hold accountable staff who do not follow policy. shall be documented with the N/O, T/U, R/S and X/Y. This review actual time the check is consisted of reviewing electronic records The completion date for this corrective action is January 10, 2024. completed. of the Guard 1 System. Our review indicates that safety checks exceed 15 minutes. We noted that staff rarely record late checks in the system, as required by policy, nor are there any audits or reviews being completed by seniors or supervisors as required by Directive 1490. § 1354.5. (a) The facility administrator shall At inspection, no documentation was An instructional email was sent to all staff and supervisors reminding staff on the Banuelos / January 10, Room develop and implement written provided as we were informed that room room confinement procedures and policy. The email is attached as Unit Directors / 2024 Confinement policies and procedures confinement was not occurring. ATTACHMENT 5. Compliance . addressing the confinement of Throughout the process of inspection, Team youth in their room that are including during conversations with youth and staff, we became aware that room HOA.104411599.7 6 LOS ANGELES COUNTY PROBATION DEPARTMENT LOS PADRINOS JUVENILE HALL CORRECTIVE ACTION PLAN – OCTOBER 16, 2023 FINAL Title 15. Regulation BSCC Preliminary Finding Probation's Corrective Action Plan Assigned To Completion Section Date consistent with Welfare and confinement is indeed occurring. We have Further, the unit directors will ensure that any youth on room confinement inside Institutions Code Section 208.3. no documentation to determine their unit has appropriate documentation, and to educate staff in real time when compliance with this section. appropriate documentation is not created for a youth on room confinement. The Department will create an updated instructional memo to include examples of room confinement, and ensure staff, supervisors, directors, and facility management are aware of room confinement and the procedures. Further, the Department will utilize – either by the Compliance Team, light duty DSB staff, or facility staff – audits of the CCTV system in real time to ensure if any youth is on room confinement the staff are preparing the necessary documentation and following procedures. Facility leadership will review room confinement paperwork to ensure all staff are compliant in properly completing the necessary paperwork and are following the policy. The Compliance Team will review confinement paperwork to ensure all staff and directors are completing necessary paperwork. A training will be considered if the above steps do not address room confinement procedures and process. The completion date for this corrective action is January 10, 2024. § 1357. Use The facility administrator, in Directive 1477: Detention and Residential The Department has developed a training plan to comply with this section. A Train Banuelos / January 10, of Force. cooperation with the responsible Treatment Services Bureaus Manual- for Trainers course on the use of force policy will be scheduled shortly to train Falcon / 2024 physician, shall develop and Physical Intervention Policy (DSB Manual necessary staff at LPJH to train the remaining staff. Compliance implement written policies and Section DSB-1000/RTSB-1700) Issued Team procedures for the use of force, 06/22/2022. Policy 1000 was issued July The updated training will conform to policy requiring a 24 hour training – 8 hours which may include chemical 25, 2023, and approved by DSB Bureau on the policy and 16 hours of hands-on techniques. The Department will agents. Force shall never be Chief Kevin Woods. Policy Section 1000 determine that all staff have had appropriate training on use of force either the applied as punishment, discipline, was reapproved from previous Directive initial or refresher that conforms to the policy and § 1357. retaliation or treatment. 1477. The Department will also implement a 2-hour training on the appropriate use of OC All staff, including those deployed or Spray for all staff that have previously not had the training. reassigned to the facility, have not been HOA.104411599.7 7 LOS ANGELES COUNTY PROBATION DEPARTMENT LOS PADRINOS JUVENILE HALL CORRECTIVE ACTION PLAN – OCTOBER 16, 2023 FINAL Title 15. Regulation BSCC Preliminary Finding Probation's Corrective Action Plan Assigned To Completion Section Date (a) At a minimum, each facility trained as required in Use of Force, In the interim, an instructional memo was issued to all Supervisors on September shall develop policies and including the use of OC, despite the 29, 2023, as it relates to debriefs and parent contact per policy. See procedures which: original directive being approved in June ATTACHMENT 6. The Department will ensure that supervisors are using the (5) define a standardized reporting 2022. Training requires initial training and moments to train staff in real time after a use of force to ensure compliance with format that includes time period an annual refresher. We understand that policy and highlight appropriate techniques as well. and procedure for documenting training has been developed and and reporting the use of force, scheduling is in progress. The Department has also obtained portable showers and wipes to utilize until including reporting requirements of permanent cold water showers can be installed in all units. management and line staff and The agency has yet to meet certain areas The Department, with assistance from the California Department of Justice procedures for reviewing and identified in their policy due to lack of monitor, has developed a CARE team model that will assist in lowering the need tracking use of force incidents by staffing or other resources. The policy for use of force. The DRAFT directive for the CARE team approach is attached as supervisory and or management lacks clarity and does not provide clear ATTACHMENT 7. Further, as discussed under Discipline, LPJH has trained staff staff, which include procedures for procedural direction in some areas; for on a new Behavior Management Program that will also assist in lower use of force. debriefing a particular incident with example, policy identifies secluding the staff and/or youth for the purposes situation/youth from the rest of the group The completion date for this correction action will be January 10, 2024. of training as well as mitigating the utilizing the youth’s room for a cool-down effects of trauma that may have period where officers provide continued been experienced by staff and /or direct observation after a use of force. the youth involved. Policy is not specific to whether the door (b) Facilities that authorize remains open or is closed. If the door is chemical agents as a force option closed, this becomes room confinement. shall include policies and Since policy is not specific, we are unsure procedures that: what the actual procedure is. (1) identify who is approved to carry and/or utilize chemical The policy notes the availability of agents in the facility and the type, resource teams comprised of mental size and the approved method of health, nursing, and probation staff to deployment for those chemical respond to situations to defuse and de- agents. escalate crisis. There were no such teams (2) mandate that chemical agents at the facility at the time of inspection. only be used when there is an We noted debriefs are being conducted imminent threat to the youth’s by supervisors; however, there were safety or the safety of others and packets with several debriefs completed only when de-escalation efforts that only addressed whether or not there have been unsuccessful or are not were injuries and/or trauma and lacked reasonably possible. information regarding any training needs or issues. HOA.104411599.7 8 LOS ANGELES COUNTY PROBATION DEPARTMENT LOS PADRINOS JUVENILE HALL CORRECTIVE ACTION PLAN – OCTOBER 16, 2023 FINAL Title 15. Regulation BSCC Preliminary Finding Probation's Corrective Action Plan Assigned To Completion Section Date (3) outline the facility’s approved methods and timelines for The First Team reports that they are not decontamination from chemical receiving timely reports. agents. This shall include that youth who have been exposed to At the time of opening, staff at the facility chemical agents shall not be left were prohibited from using OC; however, unattended until that youth is fully OC was reauthorized for use after a large- decontaminated or is no longer scale emergency event occurred. Two suffering the effects of the OC incident reports were provided for chemical agent. review. (4) define the role, notification, and follow-up procedures required Agency policy requires that any youth be after use of force incidents immediately decontaminated after being involving chemical agents for sprayed with a chemical agent. Policy medical, mental health staff and also notes that youth should not be parents or legal guardians. confined to a room without running water (5) provide for the documentation and should not be left unsupervised until of each incident of use of chemical the effects are no longer felt. In both agents, including the reasons for incidents, youth were held in their rooms which it was used, efforts to de- for approximately 7 minutes before escalate prior to use, youth and decontamination. It is unknown if the staff involved, the date, time and youth had running water or if they were location of use, decontamination supervised as it was not noted in the procedures applied and incident report. identification of any injuries sustained as a result of such use. The facility also does not have cold water (c) Facilities shall develop policies showers in each unit as identified in the and procedure which require that policy. Youth use the sinks to rinse their agencies provide initial and regular eyes or body parts affected by the spray. training in use of force and We discussed purchasing Sudecon wipes chemical agents when appropriate to provide to the youth to assist in the that address: (1) known medical decontamination process. As of the and behavioral health conditions writing of this report, facility management that would contraindicate certain is working on getting the Sudecon Wipes types of force; (2) acceptable and we will be reviewing the current unit chemical agents and the methods showers for installation of a cold-water of application. (3) signs or shower. symptoms that should result in HOA.104411599.7 9 LOS ANGELES COUNTY PROBATION DEPARTMENT LOS PADRINOS JUVENILE HALL CORRECTIVE ACTION PLAN – OCTOBER 16, 2023 FINAL Title 15. Regulation BSCC Preliminary Finding Probation's Corrective Action Plan Assigned To Completion Section Date immediate referral to medical or behavioral health. (4) instruction on the Constitutional Limitations of Use of Force. (5) physical training force options that may require the use of perishable skills. (6) timelines the facility uses to define regular training. § 1358.5. (c) an individual assessment of the Several reports were reviewed that did An instructional memorandum or email will be sent to all staff outlining the Banuelos / January 10, Use of need to apply restraints for not have required assessments prior to requirements of section 1358.5 and Department policy. Additionally, the form Sheilds / Unit 2024 Restraint movement or transportation that the utilization of restraints for movement utilized by staff will be reviewed to determine if it can be updated to better reflect Directors / QA Devices for includes consideration of less within the facility. the requirements of the section. Team / Movement restrictive alternatives, Compliance and consideration of a youth’s known The Unit Directors will review reports to ensure it includes discussion of all Team Transportati medical or mental health required topics. The Compliance Team will audit to ensure reports are in on Within conditions, trauma informed compliance. the Facility. approaches, and a process for documentation and supervisor review and approval. § 1360. The facility administrator shall DSB Manual Section 701: Introduction An informational memo will be provided to all staff instructing the need to comply Banuelos / January 10, Searches. develop and implement written with the policy and completing the necessary forms. The Unit Directors shall Unit Directors / 2024 policies and procedures governing By policy, room searches and unit area instruct staff in accordance to policy to ensure compliance. The QA team will QA Team / the search of youth, the facility, searches are required daily, and two compile the search logs and upload to a Teams folder for the Compliance Team to Compliance and visitors. Policies and thorough contraband searches are further review to ensure the facility is meeting the policy. Team procedures shall provide that: (a) required weekly. Room and facility Searches shall be conducted to searches are not being completed as The completion date for this correction action will be January 10, 2024. ensure the safety and security of required. Documentation was requested the facility, public, visitors, youth, and provided for July 20 - 27, 2023. Four and staff. buildings did not provide documentation of any searches. We have provided (b) Searches shall be conducted in technical assistance on several occasions a manner that preserves the regarding the searches and how they are privacy and dignity of the person conducted. We will continue to follow up being searched and shall not be with facility managers and seek to be conducted for harassment or as a present during unit searches in the future. form of discipline or punishment. This section is left blank as we did not observe a search. HOA.104411599.7 10 LOS ANGELES COUNTY PROBATION DEPARTMENT LOS PADRINOS JUVENILE HALL CORRECTIVE ACTION PLAN – OCTOBER 16, 2023 FINAL Title 15. Regulation BSCC Preliminary Finding Probation's Corrective Action Plan Assigned To Completion Section Date § 1370. (b)(6) The minimum school day This section was reviewed for Measures have been put in place where daily attendance and timely arrivals to Banuelos / January 10, Education shall be consistent with State attendance only. All other sections in school are monitored. The arrival times and number of youth attending school is Unit Directors 2024 Program. Education Code Requirements for 1370 have been deleted as they were documented on a school attendance log at the morning and afternoon school / Compliance juvenile court schools. The facility not reviewed during this targeted drop times. The Facility Superintendent is to ensure that the Director on Duty Team / administrator, in conjunction with inspection. monitors the attendance and drop off times for quality assurance. Probation and Education education staff, must ensure that Los Angeles County Office of Education (LACOE) will reconcile the attendance Team operational procedures do not Daily attendance reports have been log daily, to ensure that youth are in attendance and in school on time and that interfere with the time afforded for received directly from LACOE. While information is accurately reported. Probation has created its independent tracker the minimum instructional day. attendance has improved since past for school attendance and start times to ensure any issues are immediately Absences, time out of class or inspections, and youth are attending addressed by management, staff, and LACOE. educational instruction, both class in the classrooms, these reports excused and unexcused, shall be continue to indicate that youth are The Department will provide the school attendance logs, including arrival times, documented. arriving late to school. Probation must for BSCC review to establish the youth are arriving to school on time. The focus on getting youth to school on time. Department continues to meet with the LACOE regularly to reconcile school attendance data. Youth enrolled in college courses are also reporting having daily access to The Compliance Team will be onsite all weekdays to track the arrival times of their courses. Documentation of sign-in each unit to independently track times. The Compliance Team will work with the sheets was provided for review along Department executives and the facility if youth are not arriving to school, or not with a schedule of courses. arriving on time in developing a corrective action plan if needed. The regular meetings with LACOE will also include any corrective action plans to ensure teachers are present on time and Probation may need to stagger arrival times of youth requiring LACOE to provide Probation access to classrooms prior to 8:30 am. If any issues are spotted in school attendance, drop off times, or anything else that may interfere in school minutes for youth, the Department will immediately address the issue and create any necessary corrective action plan – with appropriate monitoring and accountability – to ensure school attendance is a priority. Further, the Department recognizes youth in its care have missed school hours. The Department has contracted with an agency that provides tutoring services for youth at LPJH who have missed instructional minutes. The services began in September 2023. The Department will complete a monthly check of the roster of youth at LPJH and refer any youth that has missed one hour of instructional minutes. The agency will then connect with youth onsite at LPJH and conduct HOA.104411599.7 11 LOS ANGELES COUNTY PROBATION DEPARTMENT LOS PADRINOS JUVENILE HALL CORRECTIVE ACTION PLAN – OCTOBER 16, 2023 FINAL Title 15. Regulation BSCC Preliminary Finding Probation's Corrective Action Plan Assigned To Completion Section Date an educational assessment and plan for their tutoring hours. This is not a substitute for instructional minutes going forward, but a step to assist the youth in the Department's care who have missed minutes. The Department recognizes that it needs to continue to closely monitor school attendance and will continue to audit the attendance daily to ensure on-going compliance. The completion date for this correction action is January 10, 2024. § 1371. The facility administrator shall Programs: Programs are not The Department is compliant in this section in ensuring youth are provided the Banuelos / January 10, Programs, develop and implement written consistently being provided or in some requirements of exercise and programming, however, the Department must Unit Directors 2024 Recreation, policies and procedures for cases at all. Staff are not provided with ensure participation is accurately tracked. Further, the Department must better / Roman / and programs, recreation, and resources to provide programming. document appropriate recreation for the youth and ensure recreation is provided Compliance Exercise. exercise for all youth. The intent in alignment with Departmental policies. Team is to minimize the amount of time DSB Manual Section 622: Programs youth are in their rooms or their A review of programming was conducted on September 27, 2023, which bed area. DSB Manual Section 623: Recreation indicated most youth were attending programming services. See and Exercise ATTACHMENT 8. The Department recognizes it must ensure tracking of the Juvenile facilities shall provide the youth's recreation times, exercise time, and programming times separately and opportunity for programs, not mix an activity into the wrong category and has developed a form – currently Based upon a review of documentation recreation, and exercise a called the "programming log" but will be renamed the "activity log" to not confuse and conversations with youth, it is minimum of three hours a day programming, recreation and exercise. The Department will work with the BSCC apparent that youth do not receive their during the week and five hours a field representative to ensure activities are appropriately classified. full complement of Title 15 requirements day each Saturday, Sunday or for programs, recreation, and exercise other non-school days, of which consistently. Further, the Department is exploring adding cable television into the units and one hour shall be an outdoor gaming systems as recommended by the BSCC field representative. The QA activity, weather permitting. team will compile the activity logs and update to Teams for the Compliance The documentation we reviewed Team to review to ensure adherence to policy. indicates that programs are not (a) Programs. All youth shall be consistently being provided. In some provided with the opportunity for cases, the program provider keeps sign- The completion date for this corrective action is January 10, 2024. at least one hour of daily in sheets of youth attendance, but facility programming to include, but not documentation does not consistently be limited to, trauma focused, match sign-ins. We suggest that staff be cognitive, evidence-based, best retrained in how the BSCC Section 1371 practice interventions that are culturally relevant and linguistically appropriate, or pro- HOA.104411599.7 12 LOS ANGELES COUNTY PROBATION DEPARTMENT LOS PADRINOS JUVENILE HALL CORRECTIVE ACTION PLAN – OCTOBER 16, 2023 FINAL Title 15. Regulation BSCC Preliminary Finding Probation's Corrective Action Plan Assigned To Completion Section Date social interventions and activities activity form should be completed to designed to reduce recidivism. ensure compliance going forward. These programs should be based on the youth’s individual needs as Recreation: The facility does not provide required by Sections 1355 and youth with age-appropriate, stimulating 1356. Such programs may be recreational activities to engage in during provided under the direction of recreation. Youth do not have access to the Chief Probation Officer or the television or age-appropriate movies or County Office of Education and entertainment. can be administered by county partners such as mental health DSB Manual Section 623: Recreation agencies, community based and Exercise organizations, faith-based organizations or Probation staff. Youth are not provided with age- appropriate, stimulating recreational Programs may include but are not activities to engage in during their limited to:(1) Cognitive Behavior recreational period. Youth do not have Interventions; (2) Management of access to other entertaining or Stress and Trauma; (3) Anger recreational activities such as television Management; (4) Conflict with sports and age-appropriate Resolution; (5) Juvenile Justice programs. System; (6) Trauma-related interventions; (7) Victim Staff provide youth with game consoles Awareness; (8) Self- in some units as they are not provided by Improvement; (9) Parenting Skills the agency. It has been repeatedly noted and support; (10) Tolerance and that, “they (the youth) break them or take Diversity; (11) Healing Informed them apart”, which is why they are not Approaches; (12) Interventions by provided by the agency. This is a Credible Messengers; (13) supervision issue. Gender Specific Programming; (14) Art, creative writing, or self- expression; (15) CPR and First It was also noted there is no consistency Aid training; (16) Restorative between units in what types of recreation Justice or Civic Engagement; (17) is offered. We understand there are Career and leadership different units and different phases to the opportunities; and, (18) Other facility; however, recreation and related activities should be provided to all youth consistently. Moreover, Probation HOA.104411599.7 13 LOS ANGELES COUNTY PROBATION DEPARTMENT LOS PADRINOS JUVENILE HALL CORRECTIVE ACTION PLAN – OCTOBER 16, 2023 FINAL Title 15. Regulation BSCC Preliminary Finding Probation's Corrective Action Plan Assigned To Completion Section Date topics suitable to the youth Managers should have access to population. replacement items. Youth must have age-appropriate, suitable, engaging (b) Recreation. All youth shall be recreation and recreational activities. provided the opportunity for at least one hour of daily access to DSB Manual Section 623: Recreation unscheduled activities such as and Exercise leisure reading, letter writing, and entertainment. Activities shall be Documentation reviewed and interviews supervised and include with youth and staff indicated that youth orientation and may include are receiving outdoor exercise except for coaching of youth. during inclement weather (too hot) or if a youth or a group of youth refuse to (c) Exercise. All youth shall be participate. If the youth refuses exercise, provided with the opportunity for it is documented and captured by the at least one hour of large muscle youth’s signature. activity each day. HOA.104411599.7 14 LOS ANGELES COUNTY PROBATION DEPARTMENT LOS PADRINOS JUVENILE HALL CORRECTIVE ACTION PLAN – OCTOBER 16, 2023 FINAL Title 15. Regulation BSCC Preliminary Finding Probation's Corrective Action Plan Assigned To Completion Section Date § 1390. The facility administrator shall DSB Manual Section 1103: Discipline A mandatory LA Model, Development Stage System (DSS) training for staff Banuelos / January 10, Discipline. develop and implement written Guidelines occurred in August and September with make up dates in October. Sign in sheets Unit Directors / 2024 policies and procedures for the for all the sessions are available for review for the BSCC field representative. The Roman discipline of youth that shall DSB Manual Section 1104: Corporal training will cover BSCC Title 15 regulations as it relates to incentive-based promote acceptable behavior; Punishment programs that will encourage positive behavior. The DSS provides a new including the use of positive framework to enhance the traditional compliance-based behavior management behavior interventions and approach by creating a strength-based developmental system that supports skill The facility continues to operate with no supports. Discipline shall be building and positive behavioral change. Through a tri-responsive approach and a contemporary behavior management imposed at the least restrictive brand-new stage system, the DSS serves as a roadmap to the young person’s process or disciplinary process for level which promotes the desired program with benchmarks, goals to keep themselves accountable, and incentives negative behavior including assaultive behavior and shall not include as they advance through the stages. behavior. corporal punishment, group punishment, physical or The treatment component of the DSS drives this process forward with an A suitable, age-appropriate incentive- psychological degradation. evidence-based program that is in alignment with the risk and needs assessment. based program to encourage positive and Deprivation of the following is not Through cognitive behavioral interventions (CBI), specifically Interactive Journaling proactive behavior and includes permitted: and Dialectical Behavior Therapy (DBT), and the appropriate level of CBI dosage, disciplinary actions as appropriate must young people are guided through a treatment process where they can self-reflect be developed and implemented. and elicit positive changes to their thoughts, feelings, and behaviors, helping to drive transformation. This section also impacts 1391 and Due Process forms. We strongly suggest ATTACHMENT 9 is the DSB BMP Manual that details the entirety of the program. reviewing both for implementation purposes and to ensure consistency between the two regulations. Further, the Department will ensure the sanctions and appeals rights of youth under section 1391 are reviewed with the new BMP program. If any changes are necessary, the Department will update policy and procedures to reflect the youths rights. Whereas staff will be trained in October, proof of practice of the new BMP model is vital to its success, and there must be a youth buy in period, therefore, the completion date considers this buy in period. The completion date for this correction action is January 10, 2024. HOA.104411599.7 15 ATTACHMENTS to the Los Padrinos Juvenile Hall (LPJH) Corrective Action Plan FINAL (Confidential Information Removed; Available for BSCC inspection) Attachments Directory: 1 - Staffing Strategic Plan 2 - Staffing Training Records RE: JCOC and POST 3 - Fire Suppression Plan 4 - Safety Check Compliance Guidelines 5 - Room Confinement Instructional Memo 6 - Instructional Memo to Staff re: debriefs and parental contact 7 - CARE Team Policy (draft) 8 - Programming Logs September 27, 2023 9 - DSB BMP Manual ATTACHMENT 1 Staffing Strategic Plan PROBATION STAFFING PLAN INTRODUCTION On January 2021, the State’s Department of Justice (DOJ) entered into a settlement agreement with Los Angeles County (County) and Los Angeles County Office of Education (LACOE) to improve the conditions and education services in the County’s juvenile halls. On May 23, 2023, the Board of State and Community Corrections (BSCC) found the Los Angeles County’s juvenile halls unsuitable for housing of youth for failing to comply with California Code of Regulations (CCR), Title 15 and Title 24 requirements. The Probation Department (Department) has agreed to implement a wide range of corrective actions, many of which require sufficient staffing and training to comply with BSCC Title 15 regulations and the DOJ settlement agreement. The Department will implement immediate and decisive measures to increase the staffing levels at our juvenile facilities. These efforts include improving our marketing, recruitment and hiring and retention processes, enhancing the use of existing staff, use of contracted resources and holding staff accountable. Those initiatives are outlined below. Note many of these strategies have either been implemented, are ongoing, currently underway or in the beginning phase of implementation. All efforts will be tracked and monitored to ensure identified outcomes are achieved. STRATEGIC GOAL The Department’s strategic goal is to administer effective juvenile justice programs and treatment services to detained juveniles with the greatest potential for reducing delinquency and improving the juvenile justice system and assures public safety and security in our juvenile facilities and the community. Recruit, hire, and train, a sufficient number of diverse, equity-minded, qualified sworn personnel to provide the level of services necessary to support the Department’s mission equitably. Our objective is to increase, sustain, and stabilize the staffing levels at our juvenile facilities to ensure the safety and security of detained youth, partner agency staff, visitors, and our personnel. MARKETING, RECRUITMENT, HIRING, AND RETENTION To identify the strategies and tools needed to engage in hiring and retention of high- quality applicants via increase visibility. HOA.104461091.1 Increase Awareness of the Probation Department and its Job Opportunities • Increase contact with candidate sources. • Increase participation and presence in community events, job fairs, campuses, and job centers. During the second half of Fiscal Year 2022-23, the Department doubled o the number of events attended from 42 events (primarily virtual and only at four-year schools) to 90 events (covering community colleges/4-year universities, community and virtual events, and Veterans events). • Increase job opportunity information on the Department’s social medial channels. • Significantly increased posting of job opportunities on multiple job sites and career centers. 21 Private 4-year University/Colleges o 28 Public 4-year University/Colleges o 33 Community Colleges o 18 America’s Job Centers of California (AJCCs) o 106 Community Based Organizations (CBOs) o Increase Volume of Diverse and Qualified Applicants Improve the recruitment of new officers and develop new tools and strategies to retain them. • Engage an outside consultant tasked with development of a long-term recruitment marketing plan based on best practices, primarily focused on a targeted digital social media campaign, to increase the application volume for qualified applicants. • Draft statement of work is complete. Department currently in contract negotiations with outside consulting firm that will provide recruitment and social marketing services. Improve the Hiring Process Probation, in close collaboration with the Department of Human Resources, will review the Department’s hiring process to identify opportunities to streamline and expedite both, the hiring of candidates and their successful completion of the academy without compromising the quality of the applicants. • Initiate test development with DHR to replace JCO written test and end dependency on State for test processing and enhance test variables to better measure candidate skills for improved long-term success in the position. • Reduce time between application and candidate list from 12 to 3.5 months. • Update standards and conduct more frequent Peace Officer testing HOA.104461091.1 • Accelerate medical clearance exams and eliminate polygraph tests. • GSN and DSO bulletins repost with improved “Supplemental Questions” to screen for automatic disqualifiers more accurately (felonies, recent drug use, etc.), while simultaneously not artificially screening out those that do potentially qualify. • Add background process efficiencies to reduce the time to complete backgrounds from an average of 90-120 days to an average of 60-70 days. • Implement targeted metric gathering to monitor efficiencies throughout the hiring process. • Start running concurrent training academies to ensure the faster release of graduates to the halls. • Reorganize the Probation Department’s Human Resources (HR) Division to move the Performance Management Unit and Recruitment Unit into the HR Division to improve accountability and oversight and to expand efforts. • Implement a remote one-way exam interview process. The goal is to improve the candidate participation rate. • Draft a Statement of Work for background investigation services to assist Probation Background Investigations Unit with timely completion of the background review for candidates who were extended a contingent job offer. The goal is to complete the contract process in anticipation of increase in qualified candidate pool via enhanced recruitment strategies outlined above. Hire and Train New Recruits The Department is actively recruiting and hiring staff to fill existing vacancies in the Detention Services Officer (DSO) and Group Supervisor Nights (GSN) classifications. The goal is to significantly enhance and improve our ability to attract, recruit, hire and train new juvenile hall probation officers by end of Fiscal Year 2023-24 (July 2024). The Department hopes to accomplish this through an effective recruitment and marketing campaign developed by an outside recruitment firm. Until the firm is onboarded, the Department will continue its ongoing efforts to recruit, hire and train officers as stated below: • As of September 2023, the Department has hired 130 new employees with a total of 173, expected by the end of December 2023. • Fiscal Year 2022-23 Academy: The Department held 5 academy classes with a minimum hiring target of 30 Detention Services Officer (DSO) per class, equivalent to 150 DSO’s by June 2023. Each academy is 11 weeks in length: 9-week curriculum plus 2 weeks of shadowing in the juvenile HOA.104461091.1 halls. The Department’s average retention rate in the academy is 85% resulting in a projected 128 new hires. As of June 2023, the Department hired a total of 104 new employees, slightly lower than our target goal of 128; however, reasonable given the hiring challenges law enforcement agencies are experiencing today. • Commitment for five additional academy classes to qualify 150 more officers, for a total of 323 new hires by the end of FY 2023-24. • Fiscal Year 2023-24 Academy: The Department plans to hold 10 academy classes, with a minimum hiring target of 35 DSO per class, which is equivalent to 350 recruits. This will result in 300 new hires, based on a retention rate of 85%. Increase Retention Rates of Staff Probation will work collaboratively with an outside consultant and Department of Human Resources to improve recruitment and retention by understanding the factors that matter to candidate and employees that caused them to join and stay with the Department. • Conduct staff surveys to obtain feedback from staff and line supervisors to develop morale and retention strategies. • Implement a two-weeklong job shadowing program to allow new recruits to have a realistic job preview and to get them connected to veteran staff early. • Initiate discussions with the Department’s Human Resources team related to tracking and monitoring candidates throughout the hiring and academy process to identify candidates most likely to succeed on the job and understand why. • Conduct exit interviews with staff to understand the reasons for their separation from the Department. • Demonstrate a commitment to improving staff wellness and morale with efforts aimed at reducing fear for safety, and ensuring facility staff receive appropriate training necessary to build skills to effectively work with youth entrusted to their care in a manner that promotes positive youth development. • Create more career choice and opportunities for advancement. • Ensure a comprehensive and competitive economic package to retain officers. • Develop a Field Training Program (FTP) for the Detention Services Bureau. The Field Training Officer (FTO) is a seasoned, designated, and certified officer that has a trainee assigned to them after the academy and provides hands on HOA.104461091.1 structured, guided, and observed work experiences. The trainee is evaluated and must pass their FTP. ENHANCED USE OF EXISTING STAFF Operational changes identified below are designed to improve the use of existing staff to meet the operational needs of the Department including addressing the staffing shortages in the juvenile facilities. As a result of the COVID-19 pandemic, the County of Los Angeles declared an o emergency. Concurrently, the Department declared an emergency to address staffing shortages in the juvenile halls. This emergency declaration allowed for the deployment and reassignment of field officers to the juvenile halls by lifting provisions outlined in Labor MOUs. Although the COVID-19 emergency was lifted county-wide, there continued to be staffing shortages in the juvenile halls, due to poor attendance, which prompted the Department to extend the emergency declaration at the Department. Deployment of Field Staff Starting in March 2023, under emergency MOU provisions, approximately 250 field staff were temporarily reassigned from field assignments to the juvenile halls. Mandatorily deploy Field staff to work in Central and Barry J. Nidorf o Juvenile Halls on a rotational basis beginning in March 2020. Using the MOU emergency provisions, temporarily reassign 100 Field o staff from their assignments to the juvenile halls through December 31, 2023. This is in addition to those field staff mandatorily deployed to the Juvenile Halls in March 2020. Require all 3,039 sworn peace officers, regardless of rank, to serve at o least one 8-hour shift a month in the juvenile halls. Require all 3,039 sworn peace officers, regardless of rank to serve one o 8-hour shift and one 4-hour shift each month at either Los Padrinos or Barry J. Nidorf Juvenile Halls. The 4-hour shifts were instituted to target supervision during morning and afternoon school transports and recreation periods. Require all sworn field personnel — both full- and light-duty —to work o two (2) eight-hour shifts a week at either site. Additionally, the Adult and Juvenile Bureaus will run their on-site deployed teams on alternating days, to ensure continuity in the chain of command. Light duty staff will only be placed on “no contact” posts unless restrictions still permit them HOA.104461091.1 to meet the essential functions and physical requirements. Prior to deployment, Field staff will receive an 80-hour training block with the minimal required trainings. Based on daily staffing numbers at the Halls, the current temporary field staff redeployment will continue. On average, 125 Field staff are redeployed to the Halls on a temporary basis, a minimum of 2 days a week. As Hall staffing stabilizes and the emergent concerns lessen, the Department will reassess both the current redeployment and the mandatory reassignment of the 100 Field DPO IIs. • Require all members of Probation’s executive team to report and work at least one shift a month at Central, Barry J. Nidorf, and eventually Los Padrinos Juvenile Halls. • Assign the Department’s Special Enforcement Operations (SEO) and AB109 Co- Located teams to the juvenile halls to conduct searches of all visitors and staff, as well as the housing units at our institutions. • Assign the Department’s SEO K-9’s to the juvenile halls to assist daily with “sniff” searches which include narcotics, electronics, and firearms. • Temporarily close Camp Paige. Youth will be assessed and either reassigned to Camp Afflerbaugh or Camp Glenn Rockey. Any excess staff currently assigned to Camp Paige will be reassigned to DSB to assist in the institutions. Reserve Deputy Program • Deploy reserve deputies to assist with providing perimeter security and visiting at our juvenile halls. Deploy up to 60 reserve Probation officers (current number — 22) to o assist with non-supervised tasks, freeing up sworn officers to work directly with youth. A daily schedule will be generated utilizing the Reserve POs to assist o with visiting on Sundays at the halls and camps and to also perform perimeter monitoring 7-days a week, in pairs, to cover all institutions to reduce the entry of contraband. Additional tasks and assignments, as appropriate, will be developed. By doing so, this will allow the supervision staff to focus on providing supervision and direct services to the youth. • Expand use of the Probation Department’s Reserve Program to include training under 832 PC thereby allowing reserves to perform the same duties as a full-time HOA.104461091.1 officer. New Classifications • Develop a new Group Supervisor classification with a detailed position description and essential functions outlined for the classification. The new position will assist probation staff in supervising youth in various activities during operational waking hours. • Create a new Safety and Security Specialist position. Began accepting applications in August 2023. This is a non-peace officer part-time position that will be assigned to provide security in and around departmental facilities and properties. • Explore the use of Occupational Therapists, Recreational Therapists and Deputy Probation Officer Residential Services and Treatment in the institutions to develop strategies, programs and services aimed at reducing behavioral issues within the facilities and increase staffing complement in the living units. Operational Reviews • Conduct a review of juvenile hall duties and responsibilities to determine which responsibilities can be handled by non-sworn personnel. This work will be completed by the Department, in conjunction with DHR and County Counsel. • Conduct a review of departmental operations to determine non-essential functions that would allow for the reassignment of staff temporarily to the Juvenile Halls. This work will be completed by the Department’s internal Executive Leadership Team. • Conduct an operational review, in conjunction with County Counsel, of bureau operations to determine which functions performed by sworn personnel can be transitioned to civilian staff. • Work with Labor to review existing operations and transfer identified functions to Justice Care and Opportunities Department. Once functions are transitioned, civilian staff will assume responsibility of work that is being performed by sworn personnel, which will free up sworn personnel to assist in our institutions. • Negotiated new MOU with union to allow more flexibility in staff deployment, including immediate deployment as necessary to address exigent circumstances. • Permit non-sworn personnel to work overtime in the institutions to perform non- sworn work thereby freeing up sworn personnel for direct supervision duties. HOA.104461091.1 • Review the use of 120-day retiree rehire options for sworn staff who retired in good standing and are willing and able to return on a part-time basis. This is a cost-effective program since the retirees work no more than 120 hours per year. The staff will be assigned to certain areas in the halls and may work various hours and shifts. 120-Day retirees may also be recruited from neighboring Counties (Orange, Riverside, San Bernardino, San Diego, and Ventura). The retirees must meet the minimum requirements for peace officer positions. By establishing a pool of part-time experienced retirees, sworn personnel would be freed up to assist in the institutions. FINANCIAL INCENTIVES Offer financial incentives to existing staff to increase interest in working in the juvenile facilities until new staff can be hired. October 1, 2022 - Due to critical staffing shortages in the Detention Services o Bureau (DSB), effective October 1, 2022, the Board of Supervisors authorized temporary incentive pay for staff working in juvenile halls. This temporary pay was initially established for sixty (60) days through November 30, 2022, and was subsequently extended to March 31, 2023. In an effort to continue to support the staffing levels in our juvenile halls as we onboard new hires, the temporary incentive pay was extended as follows: 20% Assignment Bonus and Double Overtime for DSB staff has been o extended for sixty (60) days through March 31, 2023. Double Overtime for Camp and Field staff working in the halls (7 days per o week) was extended through February 28, 2023. Effective March 1, 2023, through March 31, 2023, the Double Overtime for Camp and Field staff will be reduced to weekend work only (Saturdays and Sundays). All other overtime will be paid at the normal rate of time and a half. 20% Assignment Bonus and Double Overtime for all staff will end o effective April 1, 2023. April 1, 2023 – The Department received approval to implement new incentives o for staff providing supervision of youth in juvenile hall. The incentives were: 1,000 Hours worked within 6 months – Flat Payment of $3,500 o 1,500 Hours worked within 9 months – Flat Payment of $3,500 o 2,000 Hours worked within 12 months – Flat Payment of $10,000 o Payments, earned at these intervals, are cumulative based on total hours worked in our juvenile halls up to a maximum of $17,000. HOA.104461091.1 ACCOUNTABILITY Strategies aimed at addressing excessive absenteeism by employees, whether from those on leave, callouts or no-call no-shows are outlined below. • Probation’s Performance Management Unit (PMU) and DHR Civil Service Advocacy Division assisted DSB supervisors by taking on the review of attendance logs, identifying and addressing excessive absenteeism. By December 2022, the Department has issued 378 corrective actions in the juvenile institutions ranging from notices of expectation on the low end to discharge on the high end. • Develop an online callout system to better track, report on, and address excessive absences in the halls. • Issue directive mandating the use of the Electronic Call Out System. The system is required to be used by all sworn officers assigned and/or deployed to Los Padrinos Juvenile Halls (LPJH) and Barry J. Nidorf Secured Youth Treatment Facility (BJN-SYTF). • Initiate unannounced payroll audit as required under County Fiscal Manual Section 3.1.12 to verify employee status, identify work schedule and location, job duties, medical notes, if any to identify full-duty staff capable of performing essential functions of a peace officer; and perform interactive process where required. • Develop a scheduling and check in/out application that will be deployed at BJN- SYTF and LPJH. The application will increase accountability at our facilities by providing timely reports on employees working in the institution at any given time. Disability Management and Compliance • DHR performed an audit of 410 Protected Leaves and found more than 80% were processed correctly, with no significant negative findings identified. • DHR provided guidance on updating processes to ensure all protected leaves are processed correctly under new County-wide leave management framework. • Improved Disability Management & Compliance processes to ensure compliance and appropriate action. • DHR audited 185 Long-Term Leave cases and closed out 117 cases. • DHR and County Counsel reviewed all sworn staff 8-hour work restrictions to formulate process to manage. • DHR continues to work closely with Probation to ensure all leave and disability cases are correctly managed. Performance Management HOA.104461091.1 • From June 2023, through August 2023, PMU in conjunction with Probation compliance bureau, issued 300 notices and/or discipline regarding staff attendance. • 51 home visits were conducted for staff who called out or were documented as on leave, to verify whereabouts, and provide instruction and guidance for their leave and potential return to work. EXTERNAL STAFFING RESOURCES The Department will explore the use external staffing resources to fill the operational gaps created by the current staffing shortage in the juvenile facilities. Where feasible, contracts and/or Memorandums of Understanding (MOUs) will be entered into for the required services until the Department is able to appropriately staff the juvenile facilities with existing staff and/or new recruits. • Enter into a contract with Interquest, a K-9 provider, to assist with conducting searches at the juvenile facilities. • Contact outside entities for mutual aid related to staffing resources and K-9s to assist with facility surveillance and perimeter security to address contraband within the institutions. • Outreach to the California Department of Corrections and Rehabilitation (CDCR) HR to recruit displaced CDCR and/or Division of Juvenile Justice (DJJ) staff. Job information related to the positions in Los Angeles will be provided to CDCR HR team and Department will establish an ongoing method of sharing job opportunities with CDCR staff. • Engaged an outside security firm, Citiguard, to provide enhanced perimeter and weapon screening security services at the Department’s institutions effective September 6, 2023. HOA.104461091.1 • Draft a statement of work and outreach to LASD, CDCR and outside firms to determine the feasibility of providing medical transportation services for the youth in our institutions. LASD and CDCR are unable to assist, and all five firms contacted do not provide local services in California. Outreach to a new firm to provide medical transportation services. o Proposal is pending. • Seek staffing assistance from the State California Office of Emergency Services and mutual aid assistance from other County Probation Departments. • Contract with Law Firm to assist in the review and closure of Use of Force cases to address the backlog. Contract Staff to Mentor and Provide Technical Assistance • Contract with former Directors, Chief Probation Officers and CDCR employees to provide mentorship and technical assistance to Departmental staff who oversee and/or supervise at the juvenile facilities. To improve the operational efficiency of the juvenile facilities, scheduling and deployment of staff, supervisors will be mentored, and trained on the performance of their job. TRAINING To offer training to staff to respond to safety and security concerns raised regarding working in the institutions which is contributing to the critical staffing shortages (i.e., call- outs and no-call no-shows, intermittent leaves). • Introduce two (2) new trainings. One will focus on communication and de- escalation skills. The other will teach techniques for safely responding to aggressive or resistant behavior with a high level of professionalism, through new trainings that will equip officers with skills aligned with other agencies in our field. • Researched the Gracie Survival Tactics (GST) curriculum and the weekly training Gracie Partnership Program offered at all Certified Training Centers (CTC’s) in Los Angeles (7 locations), and Orange County (5). GST is a revolutionary defensive tactics program that incorporates time-tested and leverage-based techniques into an easy-to-learn system designed to help officers verbally and physically de- escalate violent and resistant subjects within a humane and professional approach. • Conduct research and review trainings offered by the Coalition for Juvenile Justice, Office of Juvenile Justice and Delinquency - Office of Justice Programs, National District Attorneys Association, American Bar Association and RFK National HOA.104461091.1 Resource Center to be included in the curriculum offered to staff, with a specific focus on: Adolescent Brain Development o Positive Youth Development o Trauma Informed Care and o Gender Responsive Training o HOA.104461091.1 ATTACHMENT 2 Staff Training Records Re JCOCC and POST ATTACHMENT REMOVED ATTACHMENT 3 Fire Suppression Plan ATTACHMENT 4 Safety Check Compliance Guidelines COMPLIANCE UNIT GUIDELINES SUBJECT: SAFETY CHECKS POLICY AND PROCEDURES SAFETY CHECKS A safety check shall consist of direct visual observation of youth at a minimum of every fifteen (15) minutes, at random or varied intervals between when youth are asleep or when youth are in their rooms. Direct visual observation refers to supervision staff performing one uninterrupted 'line-of-sight' visual observation. Supervision is not replaced, but may be supplemented by, an audio/visual electronic surveillance system designed to detect overt, aggressive or assaultive behavior and to summon aid in emergencies. All safety checks shall be documented with the actual time the check is completed. 1 Audio/visual electronic surveillance systems and mirrors are not intended to replace, nor are they acceptable in lieu of, direct visual observation. Note: Example of random or varied intervals: 9:14 pm, 9:21 pm, 9:32 pm, 9:38 pm, 9:52 pm, 9:57 pm, which shows checks completed at 7, 11, 6, 14, and 5 minutes. Ten (10) minute safety checks at random or varied intervals are only applicable to youth in room confinement or on an Enhanced Supervision Level 2. All youth who have chosen to self-separate or are in the HOPE Center on a Specialized Supervision Program (SSP) require the minimum fifteen (15) minute safety check at random or varied intervals. Note: Required paper documentation will remain in full effect for rooms where youth are housed on Enhanced Supervision Level 3 and/or self-separation status. Electronic Safety Check System All safety checks must be conducted utilizing the electronic safety check system. located in each living unit. Manual safety checks recorded on a Safety Check Sheet shall only be used at the superintendent's discretion or if the electronic safety check system is down or inoperable. The electronic safety check system is comprised of the following accessories: 1. Radio-Frequency Identification (RFID) Scanning Device. 2. RFID Scanning Device Docking Station. 3. Near Field Communication (NFC) RFID Tags. 4. Application Software Staff must ensure that youth do not handle or tamper with the RFID scanning device, docking station, or RFID tags. Missed Safety Check Requirements Staff must enter a note in the "Observation" section of the room check application for all instances where a safety check is completed beyond the required time allotment (15 minutes for a standard safety check and 10 minutes for specialized safety checks). The following must be included in the note: • A justification of why the safety check was not completed within the allotted timeframe. Staff Responsibilities All staff assigned to conduct safety checks must ensure that safety checks are conducted while youth are asleep in their rooms and continued during group programming for those youth remaining in their rooms due to illness, self-separation, or other reasons. While conducting safety checks utilizing the RFID room check system, staff must: • Ensure that they are Logged in to the RFID scanning device prior to conducting a safety check using their standard County email/eCAPs Login. • Observe each youth to ensure that the youth is alive, not in distress, not experiencing any observable trauma, and not engaging in any activities that may endanger themselves, other youth, and/or the safety and security of the facility. • Visually verify that the occupant(s) of each room are present, safe, and not in crisis or experiencing any observable trauma. • Stop at each room window when youth are sleeping or lying on their bed, to ensure that the youth's head, arms, and neck region are visible, and observe physical and/or audible signs (such as the rise and fall of the youth's chest, snoring, movement, etc.) that would indicate the youth is not experiencing an obvious medical emergency. • At any time, and during all shifts, whether the youth is sleeping or not, have a clear view of the youth. If a clear view of the youth is not possible, the youth shall be directed to move into the officer's view and/or remove any obstruction. • Only suspend a safety check after scanning a room "empty" or "vacant" when a youth is out of their room. • Ensure that any room not occupied by a youth is marked as "empty/vacant" and locked to prevent the room from being used. • Conduct a room check and select observation(s) that relate to the youth's visible activity and/or status for example (multiple selections are possible): o Sleeping o Reading o Playing Cards o Exercising o Sitting on Bed o Empty/Vacant o Other: (Type in activity if not listed) o Level 2 Status o Level 3 Status • Remain in constant visual observation of Level 3 youth and complete the required Enhanced Observation Form per DSB Manual Section 1406. • Upon completion of the safety check with the RFID scanning device, immediately return and dock the RFID scanning device on the corresponding docking station. • Staff conducting safety checks must ensure that they are actively logged into the device. • In the event that an RFID tag is deemed inoperable or damaged, staff must ensure that a hard copy safety check sheet is used as a temporary measure pending its replacement/repair. • Ensure that a work order is completed and processed in every instance, for damaged or inoperable RFID scanning devices, docking stations, or RFID tags. Senior Detention Service Officer (Sr. DSO) Responsibilities The Sr. DSO or designated shift lead of the unit is responsible for ensuring that safety checks are conducted within their assigned unit in accordance with policy. The Sr. DSO or designated shift lead must ensure that the safety check system is operable and that the appropriate safety check time intervals are applied to each room occupied by regular and enhanced supervision youth within the electronic safety check software application. When modifying the time interval requirements within the software application for youth who have changed supervision status, the Sr. DSO must assign required safety check time intervals per DSB Manual Section 1400, Enhanced and Specialized Supervision. The Sr. DSO must ensure that youth on enhanced level supervision have the appropriate supervision designation and that the required notifications are made per DSB Manual Section 1410, Enhanced and Specialized Supervision: Duties of Staff. The Sr. DSO or designated shift lead must ensure that a missed/late note in the "observation" section of a room check is completed by staff in the unit who have missed a safety check or completed safety checks that exceed the required time intervals. Supervisor's Responsibilities In the absence of a Sr. DSO, the Supervisor/Officer of the Day (O.D.) will be responsible for modifying the time interval requirements, for youth who have a change in supervision status within the electronic safety check software application. When modifying the time interval requirements for youth who have changed supervision status, the Supervisor/O.D. must assign required safety-check time intervals per DSB Manual Section 1400, Enhanced and Specialized Supervision. During each shift (including the night shift), designated supervisor(s) are responsible for the following: Safety Check Audit • Conduct a daily audit of missed/late safety check reports, by unit and shift to ensure that safety checks are conducted in accordance with Title 15 and this policy. • Utilize the unit bed chart to reconcile with a missed/late safety check report and identify each youth whose safety check was missed/late and no missed/late observation was noted. • If a safety check is missed by more than one (1) minute and no missed/late observation was noted, the supervisor will direct the Sr. DSO of the unit to generate a Special Incident Report (SIR). • Ensure that a printed copy of a missed/late safety check report, with observations notes and any generated SIRs, is included in the O.D. packet. • Ensure that staff are assigned to complete safety checks in the event of a critical incident or emergency. • When Safety Check Sheets are utilized to record safety checks, supervisors must ensure that a new shift-appropriate Safety Check Sheet is posted at the beginning of each day (6:00 a.m. to 10:00 p.m.) and night shift (10:00 p.m. to 6:00 a.m.). Unannounced Facility Rounds At least once per eight (8) hour shift, as time and circumstance permit, the officer of the day (O.D.) or designee (at the minimum level of supervisor) must conduct unannounced rounds. While conducting these unannounced rounds, the supervisor is required to: • Inspect units/rooms visually and scan every RFID room tag in every unit to identify any concerns with the safety check system and deter potential safety concerns within the facility. • Immediately address observed safety concerns. Safety concerns may include, but are not limited to: o Covered security windows, CCTV cameras, light fixtures, etc. o Non-functioning lock mechanism(s) o Damaged/broken furniture, CCTV cameras, fixtures, etc. • Inspect any posted hard copies of Safety Check Sheets. The supervisor shall audit the Safety Check Sheet for accuracy. The review shall be documented under the "Supervisor Audit of Safety Check" portion. The Supervisor shall document the time the audit was conducted, their name, signature, and any pertinent comments. When conducting required unannounced rounds, supervisors must make every effort to ensure that staff are prohibited from alerting other staff members that these supervisory rounds are occurring. Manual Safety Check Recording Requirements The manual safety check recording procedures shall only be used at the discretion of the Superintendent or in an emergency situation when the electronic safety check system is down/inoperable, or not available in an area where youth are secured in rooms. All manual safety checks must be documented and recorded on the Safety Check Sheet. A Safety Check Sheet shall be posted on each youth's room door within all living units to ensure that each youth residing in their room can be appropriately observed by staff at required intervals. It is the responsibility of the 2:00 PM - 10:00 PM shift and the 10:00 PM - 6:00 AM shift to prepare and place a new Safety Check Sheet on each youth's door for the following shift. Staff shall continue the safety checks until they are relieved. This will ensure that safety checks are not delayed during shift exchange and will help to maintain compliance with Title 15 § 1328. 6:00 AM -10:00 PM Safety Check Sheets Safety checks for youth in their rooms shall be entered as an "O" for "Occupied." When the youth exits the room, a "V" for "Vacant" shall be entered. Should a youth choose to self-separate, the safety checks shall continue under the "SS" column. Each safety check shall indicate one of the following: "SLP" for "Sleeping", "TA" for "Time Alone" or 'T' for 'Tired." As soon as the youth rejoins the group, the self-separation column shall be closed with a "V". The youth shall sign for the first self-separation at the top of the form. Any subsequent self-separations shall be initialed by the youth under the SS column at the time the self-separation began. Should a youth be placed in room confinement, the safety checks shall continue under the "RC" column. Each subsequent check shall indicate "O" until the youth is removed from room confinement, at which time a "V" shall be entered. As a reminder, staff shall conduct 10-minute safety checks at random or varied intervals until the youth is released from room confinement. Discrepancies that are observed by staff and/or supervisors shall be documented under the "Discrepancies" portion. The time the discrepancy occurred, details, the staff documenting the discrepancy, supervisor's signature, and any pertinent comments shall be entered. An example of a discrepancy is a delayed safety check due to an incident in the unit. A supervisor shall audit the Safety Check Sheet once per shift to review for accuracy. The review shall be documented under the "Supervisor Audit of Safety Check" portion. The Supervisor shall document the time the audit was conducted, their name, signature, and any pertinent comments. 10:00 PM -6:00 AM Safety Check Sheets Safety checks for youth in their rooms shall include the actual time the check is performed and the initials of the staff. Discrepancies that are observed by staff and/or supervisors shall be documented under the "Discrepancies" portion. The time the discrepancy occurred, details, the staff documenting the discrepancy, supervisor's signature, and any pertinent comments shall be entered. A supervisor shall audit the Safety Check Sheet once during the shift to review for accuracy. The review shall be documented under the "Supervisor Audit of Safety Check" ·portion. The Supervisor shall document the time the audit was conducted, their name, signature, and any pertinent comments. Staff must place the Safety Check Sheet in the appropriate binder for record keeping once the electronic system is restored, at the end of the shift, or when a youth(s) are no longer secured in the area. Hard copies Safety Check Sheets are available on Probnet: Probnet>Probation Forms> Detention Services Bureau (DSB) Forms. COMPLIANCE OF SAFETY CHECKS 1. Each morning, the Compliance Unit designated staff shall review the safety checks from the previous day shifts (6:00 am – 2:00 pm shift, 2:00 pm – 10:00 pm shift, 10:00 pm – 6:00 am shift) in the Guard1 Tracking software for compliance. 2. Reports shall be exported each unit/room in the facility. 3. Reports shall be saved in the Compliance Unit SharePoint folder as a PDF document in the following manner: Safety Checks, Facility Name, Unit, and Date. (i.e., Safety Checks, LPJH, Unit P, 09-26-2023) 4. Reports will be reviewed to ensure that 15 minute standard safety check and 10 minute specialized safety check were conducted. 5. Reports will be reviewed for missed or late safety checks. 6. Reports will be reviewed for missing observation notes for all missed or late safety checks. 7. Bed Charts will only be collected from the Unit to compare and reconcile with missed or late safety checks. 8. Bed Charts collected from the unit will be saved in the Compliance Unit SharePoint folder under the designated folder. 9. Compliance staff will make notes on the Report and sign off at the bottom of the report with the date the review was completed. 10. Compliance staff will collect manual Safety Check Sheet when electronic safety check system in a unit is down/inoperable and follow steps 3 to 9. 11. All missed/late safety checks and/or missing observation entries will be documented in the Compliance Unit Safety Check Main Log. 12. On a weekly basis, a summary of the week’s findings will be generated and submitted to the Compliance Unit Director for review. ATTACHMENT 5 Instructional Email to Staff re Room Confinement From: Albert Banuelos Sent: Monday, September 18, 2023 7:18:20 PM To: EDL-PROB LPJH-Supervisors < EDL-PROB LPJH-DPOI ; EDL-PROB DSB-LPJH-SrDSO ; EDL-PROB DSB-LPJH-DSO >; EDL-PROB DSB-LPJH-GSN Cc: EDL-PROB LPJH-Directors Subject: Important Notice: Compliance with State Requirements for Room Confinement Greetings Los Padrinos, I hope this message finds you well. I would like to draw your attention to an important matter concerning the proper execution of Room Confinements, as outlined in Regulation 1354.5. It is imperative that we adhere to these guidelines to ensure the safety and well-being of the youth in our care and maintain compliance with state requirements. Here are the key points that require immediate attention: Notification and Logging: All Room Confinements of youth must be promptly reported to the Movement in Control team so that they can be accurately logged. In situations where Movement in Control is unavailable, it is the responsibility of the Officer of the Day (OD) to be notified. Supervisor Approval: In cases where a youth poses an imminent threat and necessitates room confinement within their regular housing unit, the respective unit must seek approval from a supervisor. Notably, neither a DSO nor Senior DSO should authorize room confinement for a youth. Accountability and Documentation: Upon obtaining approval, it is crucial that staff conduct 10-minute hall checks as part of proper accounting and documentation procedures during the room confinement period. Exhaustion of Less Restrictive Options: Room Confinement should only be considered after all less restrictive options have been diligently attempted and exhausted. The exception to this rule is when attempting these alternatives poses a threat to the safety or security of any youth or staff. Room Confinement Packets: Supervisors are responsible for completing Room Confinement packets, and these packets must be submitted to the BSCC/DOJ Team within 48 hours. I want to emphasize the importance of following these guidelines rigorously to ensure that we meet state requirements and maintain the highest standards of care for the youth under our supervision. Compliance with these regulations not only demonstrates our commitment to their well-being but also safeguards our institution from any potential legal or regulatory issues. If you have any questions or require further clarification regarding these procedures, please do not hesitate to reach out to your immediate. Let us work together diligently to uphold our responsibilities in a manner that prioritizes the safety and welfare of all youth and staff members at Los Padrinos Juvenile Hall. Thank you for your dedication and commitment to our mission. Sincerely, Albert Bañuelos Superintendent Los Padrinos Juvenile Hall Los Angeles County Probation Dept. ATTACHMENT 6 Instructional Memos to Staff re debriefs and parental contact From: Albert Banuelos To: Subject: FW: LPJH - Training Memo - Post Incident Review Process Date: Friday, September 29, 2023 12:53:17 PM Attachments: LPJH - Training Memo Post Incident Review Process - 09.29.23.pdf From: Albert Banuelos Sent: Friday, September 29, 2023 12:53 PM To: EDL-PROB LPJH-Supervisors < > Cc: EDL-PROB LPJH-Directors < > Subject: LPJH - Training Memo - Post Incident Review Process Greetings Supervisors, Please see attached for your reference of expectations. Thank you, Albert Bañuelos Superintendent Los Padrinos Juvenile Hall Los Angeles County Probation Dept. COUNTY OF LOS ANGELES PROBATION DEPARTMENT LOS PADRINOS JUVENILE HALL 7285 EAST QUILL DRIVE DOWNEY, CALIFORNIA 90242 Guillermo Viera Rosa Interim Chief Probation Officer --MEMORANDUM-- September 29, 2023 TO: Los Padrinos Juvenile Hall Supervisors FROM: Albert Bañuelos, Superintendent Detention Services Bureau SUBJECT: BSCC MANDATE – POST INCIDENT REVIEW PROCESS (DSB 1008 SECTION B) & CALIFORNIA CODE REGULATIONS TITLE 15 SECTION 1357 (A) (5) In accordance with DSB 1008 Section B (Post-Incident Review Process) and California Code Regulation Title 15 Section 1357 (a) (5), this memorandum serves as a review of the protocols associated with the post-incident review process. Child Safety Assessments: Upon notification that a physical intervention has occurred the duty supervisor or designee shall conduct a Child Safety Assessment (CSA) immediately or within one (1) hour of the incident. Any youth/young adult that is involved shall be provided with a questionnaire. Youth/young adult witnesses shall be provided with an affidavit. Post-Incident Debriefing for Involved Youth and Staff and Witnesses: All incidents involving a use of force must include a post-incident debriefing with any officers or youth/young adults that were involved in or witnessed the use of force. The purpose of the debriefing is to alleviate possible trauma associated with the incident. Furthermore, the incident can be utilized as a means of providing immediate training for officers that were directly involved or witnessed the incident. Debriefings must be conducted by a supervisor or higher within four (4) hours after completing the CSA. The debriefing must be documented via a Supplemental Physical Intervention Report (PIR) and submitted to the Safe Crisis Management (SCM) Coordinator for review. • Any youth/young adult that has experienced trauma as a result of the use of force shall be referred to the Department of Mental Health (DMH) via the “Mental Health Consultation Form.” Youth/young adults who experience trauma will have access to utilize the Hope Center or a designated “Cool Down” area to decompress. If a youth/young adult continues to express feeling trauma, their supervision status will Rebuild Lives and Provide for Healthier and Safer Communities LPJH Supervisors September 29, 2023 Page 2 be elevated to a Probation XX2 or higher until DMH evaluation. • Any officer experiencing trauma following the use of force shall be referred to Probation Support Services or Peer Support. They can also be offered an Industrial Accident Packet and allowed relief for the opportunity to decompress. SCM Coordinator Review: After each physical intervention the SCM coordinator shall review the incident as soon as possible. The duty supervisor shall submit the completed PIR packet to the SCM coordinator for a thorough review. After the review the SCM coordinator shall determine parties (youth/young adults, officers, witnesses) that may need to be interviewed regarding the incident. After reviewing the PIRs, CSA, available video footage, and conducting interviews, the SCM coordinator will determine if the incident was objectively reasonable. Incidents that are deemed to have been out of compliance relative to department policies and procedures shall be referred to the facility director, superintendent, or the department’s Internal Affairs Bureau for administrative review or formal investigation. DSB 1008 Section B – POST INCIDENT REVIEW PROCESS Child Safety Assessments: Upon being notified that a physical intervention incident has occurred, the duty supervisor shall immediately conduct a Child Safety Assessment (CSA) involved in the incident. The designated duty supervisor shall respond to the location/building where the incident occurred. The CSA shall be completed within one hour of being notified. Questionnaires shall additionally be obtained from each youth involved in the incident and affidavits obtained from each youth witnessing the incident as outlined in the Physical Intervention Incident Review Policy. Post-Incident Debriefing for Involved Youth and Staff and Witnesses: All use of force incidents must include a post-incident debriefing with any staff or youth who was involved or witnessed the use of force to mitigate the effects of trauma and training. These debriefings must be conducted by a supervisor or higher within four (4) hours after completing the Child Safety Assessment (CSA). Documentation of the post-incident debriefing must be completed on a Supplemental PIR using Probation Case Management System (PCMS) and submitted to the SCM Coordinator for review. If trauma has occurred, the following is required: • All youth who have experienced trauma as a result of a use of force shall be referred to the Department of Mental Health (DMH) using the Mental Health Consultation Form. Any youth who experiences trauma will be allowed access to the Hope Center and given an opportunity to decompress. Youth who continue to express trauma will be immediately placed on Probationary XX2 or higher until evaluated by DMH. LPJH Supervisors September 29, 2023 Page 3 • Any staff who experiences trauma as a result of a use of force shall be referred to Probation Support Services or Peer Support, offered an Industrial Injury Packet, and allowed relief from duty for a period of time to decompress. SCM Coordinator Review: Each physical intervention (i.e., physical or chemical intervention) shall be formally reviewed by the facility’s SCM coordinator as soon as practical after its occurrence. The SCM coordinator shall thoroughly review the completed PIR packet generated by the duty supervisor and shall interview the involved youth, other youth present (possible witnesses) and civilian witnesses, support staff, school faculty, and/or administrative staff present who may have witnessed the events, as applicable. After reviewing the PIRs, CSA, affidavits, and interviewing percipient witnesses, the SCM coordinator shall determine if the physical intervention was objectively reasonable. Incidents involving an intervention (i.e., physical, chemical, or the use of restraints) that does not appear to have been necessary or that was inappropriately performed (using unnecessary or excessive force) or otherwise fails to fall within established department policies and procedures shall be referred to the facility director, superintendent, or the department’s Special Investigations Unit for further administrative review and/or formal investigation. California Code Regulations Title 15 Section 1357 (a) (5) – USE OF FORCE Define a standardized reporting format that includes time period and procedure for documenting and reporting the use of force, including reporting requirements of management and line staff and procedures for reviewing and tracking use of force incidents by supervisory and or management staff, which include procedures for debriefing a particular incident with staff and/or youth for the purposes of training as well as mitigating the effects of trauma that may have been experienced by staff and/or the youth involved. AB:TS:ts ATTACHMENT 7 CARE Policy COUNTY OF LOS ANGELES PROBATION DEPARTMENT DIRECTIVE LOS PADRINOS JUVENILE HALL CARE TEAM - Pilot I. PURPOSE: The purpose of this document is to establish comprehensive procedures and progressive guidelines for the utilization of the Crisis Awareness Response Team (Care Team) at Los Padrinos Juvenile Hall. The primary objective is to provide a structured framework for the de-escalation of critical situations and to minimize the necessity for Use of Force. This protocol is designed to facilitate immediate responses to emerging incidents and adopt a therapeutic, team-oriented approach when addressing the needs of distressed and unstable youth. The Care Team's primary focus is to de-escalate situations, attempt to resolve underlying issues or primary stressors, and minimize the reliance on forceful interventions or segregation. II. PROCEDURES: T A. Care Team Composition and Staffing: F • The Care Team is operational for 16 hours a day, both in the morning and A evening, seven days a week. It consists of a combination of on-duty personnel from various asRsignments, all dedicated to proactively intervening with problematic youth to de-escalate situations. D • Care Team assignments are one day in duration each week. • Care Team assignments comprise two (2) Probation personnel and one (1) clinician from the Department of Mental Health (DMH). B. Care Team Activation: • Activation of the Care Team is initiated through standard radio communications. • Staff members seeking Care Team intervention should request it via radio by announcing "Care Team – location." Movement Control shall acknowledge the request and record the activation in the Shift Report. • The Care Team will respond promptly via radio and report to the designated location. • Upon arrival, the Care Team's initial priority is to assess the situation for safety. 2 • The Care Team will engage in discussions with on-site staff to gather information about the situation. If multiple Care Team members respond, they will determine who will be the primary communicator and who will serve as backup. • At this point, on-site staff will disengage and distance themselves from the situation. • Whenever possible, the Care Team should encourage the youth involved to relocate to a different area away from other youth. If the youth is unwilling to do so, and other youth are present, the Care Team should remove or redirect the other youth away from the situation. • The Care Team will employ de-escalation techniques and skills, such as Motivational Interviewing, Dialectical Behavior Therapy (DBT), and learned de- escalation techniques. • Care Team staff should maintain a calm demeanor, speaking in a low and controlled tone, displaying patience, maintaining a safe personal space, and remaining objective. It is crucial to emphasize that the Care Team's role is not to discipline the youth but to assist them in calming down and complying with staff requests to restore a safe and secure environment. • If the youth remains unresponsive to de-escalation efforts and the Care Team is concerned about safety, they should step back and request additional assistance. • If the situation escalates to aTn imminent risk of injury, the Care Team will follow the established use of force continuum. F A C. Reporting: R The Primary Care Team member shall produce a Care Team De-Briefing Report D (Attachment “A”) and provide the report to the Officer-of-the-Day prior to the end of the Shift Supervisor’s shift. D. Care Team Training: Training on this procedure will be provided to all custody staff assigned to Care Team every six (6) months. The Program Director and Training Coordinator will be responsible for scheduling all relative and required training. Los Padrinos Juvenile Hall, CARE TEAM – Pilot Program is effective immediately and shall remain in effect until further notice from the office of the Superintendent or designee. ATTACHMENT 8 Programming Logs September 27, 2023 ATTACHMENT REMOVED ATTACHMENT 9 DSB BMP Manual PURPOSE The Behavior Management Program (BMP) is an integrated approach to behavior modification designed to effect positive behavioral change in a relatively short period of time. The BMP allows youth to earn points and privileges as they demonstrate skillful behavior in their daily activities and applies proportional consequences to decrease the likelihood of negative behavior. The focus and activities in the halls are geared towards personal growth and youth development. Each aspect of the facility operation (mealtimes, school, recreation, programming, etc.), provides opportunities for staff to structure the environment, describe behaviors that they expect to see, and create opportunities for youth to demonstrate these behaviors and be recognized for them. The BMP includes progressive levels that allow staff and youth to see and measure growth. Youth earn access to greater independence, opportunities, and privileges as they demonstrate positive behavior throughout their stay in Juvenile Hall. Every interaction that occurs in the program is viewed as an opportunity to work with youth and to support staff to create an environment that encourages positive behavior, discourages inappropriate behavior, and where new skills are taught and modeled for youth. COLLABORATION The Behavior Management Program is a collaborative effort between the Los Angeles County Probation Department (LACPD), the Los Angeles County Office of Education (LACOE), the Department of Mental Health (DMH), and Juvenile Court Health Services (JCHS). Each agency supports the facility wide expectations for youth through common language and core values, participates in multi-disciplinary team interventions and helps facilitate activities and/or targeted programming through their respective modality. POLICY-DSB-1200 The policy of the Los Angeles County Probation Department - Detention Services Bureau is to encourage the pro-social behavior of all youth in its secured juvenile hall facilities. This is accomplished through a Behavior Management Program that identifies rules/expectations and reinforces positive behaviors through a mechanism that links rewards, incentives/privileges, and consequences to the youth’s behavior. The program incorporates a structured environment where youth can experience emotional growth and practice pro-social behaviors. 1 BMP OBJECTIVES The primary objectives of the Behavior Management Program are:  To maintain a safe environment for all by fostering youths’ compliance with facility rules and expectations through a system of rewards, incentives/privileges, and consequences  To provide opportunities for youth to learn and practice alternative pro-social means of meeting their needs and methods of dealing with challenges  To encourage youth to take responsibility for their actions with assistance of supportive, caring adults  To reinforce the importance of education  To use quality assurance methods and training to uphold fairness and equity within the BMP for youth in detention settings CORE VALUES AND BEHAVIORAL EXPECTATIONS Core values are the basic principles that guide our attitude and behaviors. The facility wide values for Juvenile Hall have been identified as: 1. Safety 2. Respect 3. Responsibility 4. Wellness Clear behavioral expectations are the primary strategy in encouraging positive behavior. Youth are expected to act in accordance with mutually agreed upon principles and standards of behavior. These are the Core Behaviors defined and further described in Appendix A: Behavior Expectations Charts. These expectations are posted throughout the facility. Staff are also expected to demonstrate these values with their behavior and interactions with youth and coworkers. PROGRAM COMPONENTS The Behavior Management Program is comprised of three major components. 1) Rewarding positive behavior: BMP supports and rewards appropriate behavior. Each youth can earn points and advance through levels by exhibiting appropriate behaviors. 2) Discouraging inappropriate behavior: BMP responds to and discourages inappropriate behaviors with meaningful and logical consequences. Youth who display inappropriate behaviors or who refuse to participate in the system can fail to earn points or advance through levels and thus lose access to rewards/incentives for a period of time. 3) Rehabilitative Component: BMP uses strategies to teach new behavior skills and/or reinforce existing social skills in various contexts. 2 REWARDING POSITIVE BEHAVIOR The first behavioral component of the BMP is designed to increase desired behaviors through positive reinforcement. Lasting behavior change does not occur as a result of punishment. Instead, youth must be engaged, and motivation must be enhanced through positive reinforcement. Rewards and incentives are powerful reinforcers and, therefore, a vital component of the BMP. Learning, which is a significant element in the program, is best facilitated by a reward and incentive system. These reinforcers enhance the motivation of youth to learn new behaviors and adopt new attitudes; thus, it is essential that rewards and incentives be given when they are deserved. Rewards and incentives also increase the probability that newly learned skills will be used in new settings and at later times. The BMP utilizes rewards as tangible reinforcers (e.g., food and personal items) and incentives as privilege reinforcers (e.g., level privileges). REWARDS/INCENTIVES The following list describes the different categories of rewards and incentives available. The incentives are provided by all agencies. (See Appendix B: Incentives List) To be effective, specific rewards and incentives MUST be highly valued by the youth. BMP coordinators shall revisit their facility’s list every three months in conjunction with their respective Youth Council to ensure it captures relevant rewards. Verbal Rewards: A kind word, even a simple thank you, can serve as positive reinforcement and should always accompany the completion of an instruction or task for the youth. Effective praise for behavior has three parts: show approval, describe the positive, and how the behavior was appreciated. Reward Points: Staff and teachers award points to youth as recognition for following behavioral expectations for each period throughout the day. Points can be utilized to purchase desired items/activities each week. Bonus Points: Probation staff can award youth with bonus points at different times within the day in addition to regular reward points. These points are added into the youth’s total points for the week. Token rewards: Tokens can be provided to youth by Mental Health, Health Services, and LACOE staff as a reward to reinforce a youth’s engagement in mental health/health care or education. The tokens can be used for special items separate from the BMP store and are not counted as points. If desired, each partner agency will have the opportunity to include additional items in a designated section of the BMP store. Good Day Reward: On school days, each youth, regardless of their level, is eligible to receive a Good Day reward if they have attended all required school classes or academic blocks, and earned the designated number of points required by dinner period. On weekends and non-school days, the Good Day Reward can be earned by participating in the recreation/program activities offered. 3 BMP Store: Youth use their weekly points to purchase snacks and personal items at the BMP store on their designated day. Level achievement: After a period of continued positive behavior, youth are eligible to promote to a higher-level status that allows for daily privileges, opportunities for special activities, and higher-level treats at the BMP store. This level is reassessed weekly. Random Rewards: Each facility will reward youth on a silver or gold level with a reward on two random days throughout each month. The rewards will be given bi- weekly and can be either unit or facility specific. Examples can include game night, food centered events like “pizza party” or “Taco Tuesday”, etc. Special Activities: Special facility wide activities are extremely effective forms of rewards. These activities are instrumental in providing opportunities for youth to try out new behaviors and attitudes learned through the behavior management program. Youth should actively participate in choosing these activities through the Youth Council meetings at their facility. These bi-monthly events are well planned by the BMP unit and can include holiday parties, themed events, and seasonal festivals. To be an effective practice, youth should only be allowed to participate when meeting an established baseline as deemed by the facility such as silver/gold level or remaining free of any violence for a period of days. Certificates of Merit: The successful completion of rehabilitation-oriented trainings, school programs, participation in pro-social programming and other special achievements can be acknowledged with specially designed certificates. These certificates (e.g., Youth of the Week and/or Group of the Week) will be awarded during the Community Structure. Youth will be given the opportunity to display certificates in their rooms to serve as a reminder and reinforcement of the behavior that led to their achievement. Level Status Card: Youth can request a level status card indicating their current level and progress before going to a court hearing. (Attachment X) Strategies to increase appropriate behavior Prompts and reminders • Before each activity, briefly remind youth of the behavior expectations for that activity. • Ask youth to state the expectations at the start of an activity, or when entering an area. • Examples: state the rules for line movement. Each day for approximately one week after new youth join the group, begin each activity by reviewing the Behavior Expectations Chart for that activity. Ask current youth to help explain to the new youth what the expectation looks and sounds like. Ask for volunteers to demonstrate the Behavior Expectation. • Provide posters and other visual reminders. These visual reminders should be posted in every area of the facility open to youth. • Youths can choose to make Expectations posters as part of their level privileges. 4 relying on what programs are available. In the rare instance when a partner agency fails to provide programming for the day, the youth will still accumulate points; however, the youth must participate in Probation sponsored activities, such as reading, writing a book report, groups, and/or intermural activities. Those points will be awarded by Probation and recorded on the point sheet. When arranged programming is not available for graduates, the OD must be notified from unit staff who will then notify the facility Superintendent immediately by email. 24 basic points can be earned for Saturday-Sunday and Holidays: The daily maximum number of points a youth can earn is 24 points for weekend and holidays. Youth can earn up to 12 points during the AM shift and 12 points during the PM shift. Although school is not in session during weekends and holidays, the twelve (12) points that are normally allocated for school performance on weekdays will be equally divided amongst and added to the AM and PM shift during weekends and holidays Bonus Points for Exceptional Behavior can be earned daily: Youth can earn up to 4 bonus points from Probation staff during the day (up to 2 bonus points in the am and pm). Bonus points are earned by exhibiting one or more exceptional behaviors. Bonus points are a way for staff to acknowledge youth who exhibit behavior above what is required, used a skill to get through a difficult situation, showed personal growth or if staff are trying to “shape” a new behavior. Bonus Points are awarded at staff discretion and are factored into the total points for the day. Tokens can be provided to youth by Mental Health, Health Services, and LACOE staff as a reward to reinforce a youth’s engagement in mental health/health care or education. The tokens can be used for special items separate from the BMP store and are not counted as points. The tokens from partner agencies do not affect a youth’s daily score. The periods on the daily point sheet are designed to promote positive behavior during critical periods including youth waking up and going to school, youth participating in programming and youth going down for the evening. (See Appendix C: Youth Daily Point Sheet) GOOD DAY REWARD REQUIREMENTS Good Day – Youth who have attended all classes (or graduates who participated in provided programming during school hours), earned a minimum of four (4) Probation points and have not received a PIR/SIR for any medium or high level misbehavior violations earn a “Good Day” reward each day. An example of the reward is additional phone call(s) to approved contacts, a snack, later bedtime, etc. This reward should be important to the youth and discussed frequently with the facility Youth Council. These are short-term rewards that can be earned/not earned everyday by youth regardless of their level or independent status. How to calculate a “Good Day” – Before dinner each weekday (5:00 p.m.) staff should: 6 1. Review the unit logbook for any medium/high level misbehavior PIR/SIRs for youth. Youth receiving any of those do not qualify for the Good Day Reward automatically. If none, move to step 2. 2. Calculate the youth’s point total through the end of the afterschool period or 5pm. If the total points are more than four (4) and all classes were attended, the youth is eligible for a Good Day reward. 3. Document the youth’s accomplishment on the Youth Daily Point Sheet and celebrate the Good Day. The Good Day reward shall be reviewed and approved by the unit Senior or Supervisor before delivery of the reward to ensure accuracy and fairness. How to calculate a “Good Day” -Before dinner on the weekend or a holiday (5:00 p.m.) staff should: 4. Review the unit logbook for any medium/high level misbehavior PIR/SIRs for youth. Youth receiving any of those do not qualify for the Good Day Reward automatically. If none, move to step 2. 5. Calculate the youth’s point total through the end of the afternoon period or 5pm. If the total points are at least 12, the youth is eligible for a Good Day reward. 6. Document the youth’s accomplishment on the Youth Daily Point Sheet and celebrate the Good Day. The Good Day reward shall be reviewed and approved by the unit Senior or Supervisor before delivery of the reward to ensure accuracy and fairness. Reminder to Staff: For this to work as a reward and motivate youth to earn points, only youth earning the reward can receive it. If all youth receive the Good Day reward, it has no impact. 7 7. When a youth receives a SIR/PIR listed for any medium/high level misbehaviors by probation staff, no points will be awarded to the youth for that period. The probation staff handling the Board will designate a zero (0) in the appropriate activity column corresponding to that youth. Youth receiving a SIR/PIR should not receive the Good Day reward. 8. When a youth is suspended from school no points shall be awarded to the youth for the period and the rest of the school periods that day. If the suspension is for multiple days, no points shall be awarded during school periods throughout the duration of the suspension. 9. When a youth is transferred to the HOPE center for behavioral issues, no points shall be awarded to the youth for the period and all additional periods while staying at the HOPE center. Youth can resume points when they return to their unit. 10. Earned points cannot be deducted once a youth earns them and they are recorded on the youth daily point sheet by staff. 11. If youth are out of the facility for court or medical, they should receive full points during the periods they are out. If youth are placed in the medical module or quarantined, they should also receive the full points available. However, if youth receive a SIR/PIR while out of the facility, the same rules apply and they are not eligible for a Good Day reward and it may effect their level for the week. 12. If youth have an issue with point accuracy or feel there is an issue with fairness of point distribution, they should utilize the Grievance system to discuss the issue. PRIVILEGE LEVELS There are three privilege levels in the BMP. Levels - 1. Bronze 2. Silver 3. Gold Earning a consistent level of BMP points each week helps youth advance through the BMP levels. Each level has increasingly more rewards and privileges AND more expectations for behaviors. After completion of orientation when youth enter the facility, all youth start the program on Silver level. Silver level is the starting level where youth have some privileges that they enjoy and encourage continued positive compliance and behavior. Youth must meet specific and continuous positive behavior goals in the program before advancement to the next level. Youth can also maintain their level or fail to meet the required guidelines and drop a level. Consistent with receiving a Good Day 9 reward, all level advances and reductions shall be reviewed and approved by the unit Senior or Supervisor to ensure accuracy and fairness The point criteria are specifically focused on youth participating in the critical components of education and programming. Since Juvenile Hall youth most often have a short stay, the program is designed for youth to advance quickly. Beginning the first week youth enter the facility, the following level guidelines begin: To advance or maintain Gold level: Youth must have earned a Good Day reward each weekday, not received a PIR/SIR and scored a total of 118 points or higher for the week to advance to or maintain Gold level status. To advance or maintain Silver level: Youth must have earned a Good Day reward at least four (4) days, not received a PIR or SIR (for high level misbehavior) and scored a total between 84 to 117 points for the week to advance to or maintain Silver level status. To advance or maintain Bronze level: Youth who earn 83 points or less, and/or who received a PIR/SIR for misbehavior during the week will be placed at Bronze level. Youth will IMMEDIATELY drop to the bronze privilege level if any of the following occur: youth receive a PIR/SIR for high level misbehavior violations; youth require physical intervention by staff (not self-defense); youth receive a multi-day school suspension. Staff shall note the privilege level drop on the Youth Daily Point Sheet as soon as it occurs. Youth will need to meet the criteria required to advance for the week in order to move to the next level from Bronze. All level reductions shall be reviewed and approved by the unit Senior or Supervisor to ensure accuracy and fairness. The level change will be recorded that night in the system and reflected the following day on the posted unit point sheet Youth weekly level changes and any immediate level drops are shared with partner agencies for review. (See Appendix D: BMP Rewards by Level) MANAGING INAPPROPRIATE/UNACCEPTABLE BEHAVIORS Staff must be able to identify those behaviors that are inappropriate/unacceptable and assess the need for intervention and/or consequences. Staff must always remain cognizant that not every undesirable behavior requires a response. When giving consequences for a youth’s behavior the focus must remain on the behavior, not on the underlying issues. Youth may act out for a number of reasons, which may include beliefs and/or attitudes that are racist, sexist, or otherwise victimizing in nature. Therefore, the time to resolve issues or restructure a youth’s beliefs and/or attitudes should not be done immediately following an outburst. When a youth displays a behavioral outburst, the immediate objective must be to stop the problem behavior and teach the youth alternative ways to behave. Addressing the question of why a youth did something should only be done after a “cooling off” period. Asking a youth to defend or analyze his behavior in the moment may risk reinforcing the behavior by giving it attention. Rather, staff should calmly give the designated consequence for the behavior, stating clearly to the youth what the problem behavior is, with no further attention to the question of why. If the question of why needs to be addressed, it should be done later, and only if the youth 10 has the skills to cope with thoughts and emotions that may emerge as a result of such introspection. The Board DSO is the staff responsible for responding to a youth’s specific question regarding their participation in the behavior management program. He/she and the Sr. DSO are responsible for reviewing all the necessary documentation on a youth when considering the disciplinary consequence required in a particular situation. Any high level behavior violations should include feedback from the Unit Supervisor and Mental Health. The following conditions must be met prior to consequences being applied to any youth for inappropriate/unacceptable behavior: 1. The youth must understand the rules and expectations for his behavior. 2. The youth must know how to perform the expected behavior. If the youth cannot perform the behavior, staff must attempt to teach each skill or provide assistance when and where necessary. 3. Youth should understand why they are expected to behave or perform in a certain manner. Staff must respond to any questions a youth may have in a professional manner. 4 Youth must understand that they may not earn some or all of their reward points and incentives/privileges for a particular day based on inappropriate/unacceptable behaviors, including any threat that they may have posed to the safety, order and security of youth and/or staff in the detention facility. 5. Youth must not only understand the disciplinary consequence associated with inappropriate/unacceptable behavior, but also the reward points and incentives/privileges that are available if they are in compliance exhibiting pro- social behaviors. a. Each staff administering discipline is responsible for informing the youth of the consequences of their behavior at the time of the infraction. Per DSB Manual Section 1107, youth receiving a SIR/PIR shall receive a Sanctions and Appeals Form and have the right to due process. b. At the time of the infraction, attempts should also be made to re-establish a rapport with the youth by discussing the incident. c. If attempts fail at re-establishing rapport, the staff must continue to make efforts to communicate effectively with the youth throughout the shift. 6. Staff should not limit themselves to correcting inappropriate/ unacceptable behaviors of only those youth in their direct supervision because they are responsible for overall behavior management in the juvenile halls. Inappropriate/unacceptable behaviors must be corrected immediately whenever they are observed in the juvenile hall. 7. Staff must consistently respond to negative/inappropriate behavior through the awarding of points but also on the appropriate SIR/PIR when required by policy. The SIR/PIR narrative should indicate whether the youth’s misbehavior falls under the medium or high level category. 11 STRATEGIES TO DISCOURAGE INAPPROPRIATE BEHAVIORS Within our BMP, we also use strategies that weaken or eliminate inappropriate behaviors. We accomplish this through a system of discipline and extinction using the principles of disinvolvement, encouragement and logical consequences. 1. Disinvolvement – remaining emotionally neutral/a non-judgmental response to behavior. 2. Encouragement – providing positive feedback for effort and achievement of baby steps toward a goal, creates the foundation for rapport with youths. 3. Logical Consequences – reminding youth of the natural outcomes that result from their actions with other people and property including the potential loss of points. Staff shall always ensure that disciplinary consequences are applied in a fair and impartial manner. Youth shall be held accountable for their actions at all times. Staff that reward negative behavior cause irreparable damage to the integrity of the Behavior Management Program and thus, such actions cannot be tolerated. The rewarding of negative behavior also sends a message to all youth that negative behavior is condoned and will be rewarded and youth demonstrating positive behavior feel their behavior goes unnoticed. CATEGORIES OF MISBEHAVIOR AND RESPONSES Misbehavior is classified into three categories that staff are expected to respond to in order to discourage the repetition of that behavior: Low, Medium and High. These categories are aligned with the Minor and Major Rule Violations in DSB Manual Section 1106, Rules and Regulations. The category is based on the impact of the behavior on the unit and overall facility. Each category requires specific levels of staff responses as well as its own consequences for the youth. Each follows a level of progression based on the seriousness of the behavior violation. 1. Low Level Low Level behavior is a category of behavior where minimal disruption is expected to occur to the safety, order and security of youth and/or staff in the detention facility. Low Level behavior must be addressed by staff but can be corrected by youth as well. Low Level misbehavior includes: 1. Profanity 2. Name Calling 3. Lying 4. Excessive Noise 5. Demanding/Ordering 6. Littering 7. Improper Dress Appearance 8. Trading Food/Property 12 9. Horseplay 10. Losing County Property (e.g., clothing, towels, school books, tools, etc.) Staff responses to low level misbehavior can include: 1. Assess whether the infraction is the result of a skill deficit 2. Non-verbal response, signal response 3. Praise other youth doing what is expected 4. Coach and role-model 5. Brief correction, reminder of expectations, typically a group correction 6. Warning, specific to the individual Youth consequences for low level misbehavior can include: • Verbal warning. • Re-clarification of the rules and expectations. • Possible loss of points 2. Medium Level Medium level misbehavior is a category of behavior that may impact the ability of staff and youth to sustain the current activity. This behavior requires staff redirection and may require additional resources. Medium level misbehavior includes: 1. Failure to follow instructions, repeatedly 2. Racial remarks/slurs 3. Damaging property of youth(s) and/or staff 4. Damaging County property (less than $400) 5. Instigating harm/violence to others 6. Theft 7. Verbal and/or physical vulgarity 8. Verbal abuse 9. Failure to participate in facility scheduled programming 10. Possession/distribution of non-dangerous contraband 11. Flooding toilets or sinks 12. Unauthorized telephone usage 13. Entering unauthorized areas without permission 14. Tattooing-piercings 15. Moving out of staff supervision 16. Falsifying information 17. Gang behavior-vandalism, verbal threats 18. Gambling Staff responses to medium level misbehavior can include: 1. assess whether the infraction is the result of a skill deficit 2. position and verbal instruction to stop 3. separate youth from each other 4. counsel youth separately 13 The consequences for medium level misbehaviors can include: • Failure to earn points • SIR/PIR or PCMS case note entry • Detention Observation Report (DOR). • Counseling/coaching from staff • Possible Mental health referral 3. High Level Misbehavior High Level misbehavior is a category of behavior that includes assault and behaviors that threaten the safety and security of individuals and the facility potentially resulting in additional legal action and require staff intervention. High Level misbehaviors are considered zero tolerance behaviors because they are harmful to others and often constitute a new crime therefore will not be tolerated. The violations under high level misbehavior can include: 1. Participation in unit disturbance 2. Fighting 3. Gassing 4. Violent threats 5. Dangerous contraband (e,g, cellphones, drugs, alcohol, weapons) 6. Inciting/Participating in riotous behavior 7. Tampering with security equipment 8. Exchanging medication(s) 9. Intimidation/Bullying 10. Inappropriate sexual behavior towards other youth or staff 11. AWOL/Attempted AWOL 12. Individual assault on youth and/or staff 13. Group assault on youth and/or staff 14. Smoking/ingesting drugs/harmful substances of any kind 15. Providing medication/drugs/harmful substances to other youth 16. Causing physical harm/battery 17. Attempting to take staff keys, radios, unauthorized/unprescribed medications, or safety equipment 18. Property destruction (over $400) Staff response to high level misbehavior are: 1. Possible code response 2. Appropriate use of force to control the situation 3. Appropriate decision making to secure the environment 4. Possible transfer to HOPE center The consequences for high level misbehaviors can include: • Immediate privilege level drop, no good day reward • PIR/SIR and DOR • Mental Health Referral • Contact parent and youth’s probation officer 14 • Referral/transfer to the HOPE per approval of Sr. DSO. • Possible Referral to the Individualized Behavior Management Plan (IBMP) • Administrative Hold pending filing of additional charges with administrative approval (e.g., 1111, 602, 777, etc.) SANCTIONS AND APPEALS PROCESS In all instances where a youth is involved in an SIR/PIR that involves a behavior issue and a corresponding consequence is proposed, the youth shall receive a Sanctions and Appeal form. The purpose of this form is for the staff to recommend sanctions against the youth and allow him/her their right to due process. The youth may appeal low and medium level behavior sanctions (DSB Manual Minor Rule Violations) to a unit Supervisor who shall have four hours to make a final decision. If the youth does not accept the Supervisor’s decision, an appeal may be further pursued with a facility Director. Youth who receive high level behavior sanctions (DSB Manual Major Rule Violations) shall be given the right to a formal hearing process with a Hearing Officer (Supervisor). The hearing provides an opportunity for the youth to be heard, present evidence and testimony. If the youth does not wish to have a formal hearing, then no further action shall be required and, an additional staff must be present to bear witness to the refusal and additionally note their name on the form. If the youth wishes to continue with a formal hearing, the case shall be heard by a Supervisor (Hearing Officer) who is not a party to the incident within (4) hours. During the formal hearing, the youth shall make their case to the Hearing Officer presenting any relevant evidence or testimony on their own behalf as to why they feel that the sanctions are not just or appropriate. The Hearing Officer shall then make a determination as to whether or not the sanction will be revoked or changed based on their review of the incident. At the conclusion of the hearing process, the youth shall be provided with a copy of the hearing form. If the youth does not accept the Supervisor’s decision, an appeal may be further pursued with a facility Director. The youth shall be provided a copy of the Sanction Appeals form after their appeal with the Director has concluded. (Appendix E, DSB Manual Section 1106, 1107 and 1108, Appendix F, Sanctions and Appeal Form) REHABILITATION COMPONENT The Behavior Management Program strives to provide innovative rehabilitative, restorative, and healing programs to the youth. The Department of Mental Health provides a range of services from Cognitive Behavior Therapy, Life Skills, Seeking Safety, and individualized therapy for youth. The Probation Department, the Department of Mental Health and other partners will co-facilitate Dialectical Behavior Therapy (DBT) weekly, the chosen facility-wide behavior intervention to support the BMP. The BMP integrated curriculum is comprised of both interactive skill development activities/exercises and related reinforcement components that work in collaboration to motivate participation and personal growth. The goal of the skills training curriculum is to replace ineffective and 15 maladaptive emotional and behavioral responses with more effective and socially appropriate behaviors. The BMP curriculum or DBT is separate from the other skills groups provided by DMH. All youth admitted to Juvenile Hall will be enrolled in DBT skills group regardless of their disposition status. Life Skills development training is the backbone of any effective rehabilitation program. It provides youth with information to better manage their lives. Unlike the traditional subjects taught in school to youth such as math, history and geography, skills development training through DBT employs a curriculum, which if utilized, can assist in improving an individual’s life circumstances. The curriculum does not tell youth how to live their lives, but rather ensures they have good information to develop a clear, eyes-open plan for the life THEY desire to live. The BMP’s skills development training curriculum plan and supplies are delivered by the first of the month by the BMP Coordinator. The curriculum utilizes interactive group presentations and a variety of communication strategies such as demonstrations, modeling, role-playing, and handouts. MONTHLY ACTIVITY CALENDAR The Monthly Activity Calendar of the Behavior Management Program is the official schedule for all the program skills development training sessions, meetings, and other related activities. It provides staff with the dates and times that specific activities and/or programs are to be conducted. The Monthly Activity Calendar is utilized to schedule all skills development training sessions and is custom developed for each living unit by the facility BMP Coordinator. To ensure the consistency of programming at all juvenile halls, the calendar lists the days and times of the skills development training sessions and other supporting activities/exercises conducted in each unit. It should include LACOE and Mental Health activities as well. Compliance with the schedule is mandatory for all staff. The calendar ensures the consistency of BMP programming and is custom designed to fit the needs of the youth and unit. The facility BMP Coordinator produces and distributes the calendar at the beginning of each month. The coordinator ensures that scheduled activities do not conflict with one another. The BMP Coordinator will meet monthly with each building SDSO to discuss special needs and programming preferences. All activities listed on the calendar are in abbreviated form. The following legend of abbreviations is located at the bottom of the calendar: • (CS) - Community Structure • (CBO) - Community Based Organization • (BMSC) - BMP Sponsored Competition • (BMG)-BMP Sponsored Games The calendar is also utilized to conduct obse rvational audits once per week. During these unannounced audits, units are observed for their compliance in conducting skill development training sessions as scheduled. 16 REINFORCEMENT PRACTICES The reinforcement practices of the Behavior Management Program intend to keep information alive in the mind of the detained youth. These supplementations and strengthening practices create a total learning environment that maintains program focus, aiding in the development of a therapeutic community that minimizes negative peer pressure and allows individual and group positive change. Reinforcement consists of the Community Structure, and it’s integrated into the normal juvenile hall unit schedule. The youth’s continuous exposure and practice of this component will enable him/her to internalize and apply it to situations they encounter on a daily basis. COMMUNITY STRUCTURE This is a form of community meeting thatIs designed to communicate the daily rules and expectation of the unit to the youth. develop and support a sense of family among unit members/peers. Community structu re is they are conducted by the Board DSO at the beginning of the shift and addresses the entire unit. Community structure is similar to the traditional juvenile hall structuring in that it requires: • Getting the groups undivided attention. • Informing youth of all scheduled activities and the roles they play to ensure a successful outcome. • Reinforcing positive behavior during the activity; and • Being clear and concise about the consequences or sanctions that will follow any inappropriate behavior. During community structure, staff must recognize each youth’s progress towards responsible and acceptable behavior. Inclusion of behavior management terminology, philosophy, and slogans during the community structure period is critical to the success of the program. ROLE OF STAFF In spite all the valuable information and services the Behavior Management Program provides, its effectiveness is entirely dependent upon staff. Staff set the stage for change in the lives of youth involved in the program. Staff must realize people are inclined to do only that which is in their best interest, and for change to occur, they must view the change as being in their best interest. A youth’s beliefs, attitudes, values, and norms can only be changed if they perceive staff as being sincere and acting positively on their behalf. Staff, therefore, must demonstrate care and sensitivity in accomplishing this task. Staff must remain cognizant that their behavior should exemplify those behaviors exhorted in the Behavior Management Program curriculum and can be no less than the behavioral expectations they hold for the youth under their care. Staff are models of leadership and must strive to set a good example. Like it or not, staff must realize they lead by example and that their actions are being constantly scrutinized by the youth under their care. 17 The staff relationship with youth, peers, team leaders (Sr. DSO’s), supervisors, and directors alike, shall reflect a positive and cooperative tone. Staff shall never use sarcasm, ridicule, profanity, or threats. Praise and encouragement is what actually promote desired behavior. Staff exhibiting crass, immature, and unprofessional behavior, will unwittingly undermine the behavior management program’s philosophy and the contributions of their co-workers. These behaviors could destroy any positive impact previous efforts may have accomplished. (DSB Manual Section 1102-Abusive Institutional Practices) Care must be taken to avoid scolding or directing personalized criticism that may embarrass or antagonize a youth. When it is necessary to reprimand youth or to lower their daily conduct grades, it should be done without personal involvement on the part of staff. Staff involved in the program must understand there are several roles they must play, but none more important than the roles of teacher, counselor, and disciplinarian. The role of teacher involves instructing the youth in appropriate behavior and responsible living. The role of counselor provides guidance and insight, reinforcing lessons learned throughout the detention experience. The role of disciplinarian maintains the youth’s compliance with institutional rules and program expectations. It is important that staff remains flexible in all of their roles and act appropriately as situations dictate. All staff must execute the program with consistency. Consistency, especially within the same living unit, will demonstrate to the youth the seriousness of institutional rules and program expectations. Staff shall be held accountable for conducting the program each and every day in their assigned unit. YOUTH REQUIRING FURTHER INTERVENTION When implemented effectively and fairly, the BMP provides support for most youth to maintain positive behavior. However, when a youth needs further intervention than the basic services and interventions provided, a subsequent referral must be made to the Individualized Behavior Management Team for additional resources. Youth falling under any of the following criteria should be referred to the IBMP by the Unit Supervisor: • Youth who have participated in two or more violent incidents within a 30-day period or less, • Youth who have remained on Bronze level for three or more weeks in a row • Youth who have been suspended from school more than once in a 30-day period • Youth who have assaulted Probation staff or partner agency staff • Youth who have been found with dangerous contraband • Youth who exhibit other behavior that is prevalent and does not allow for them to function successfully within the facility and program 18 Detention staff shall implement and support IBMP Behavior Contracts and Plans for youth residing in their unit as provided. STAFF PROCEDURES FOR BMP NEW YOUTH ORIENTATION Upon admission youth are provided with the Youth Manual for review. The intake coordinators should review the manual with the youth who appear to have difficulty reading the material or who have a known cognitive disability. Youth begin earning/failing to earn points on their day of admission however, the youth will be placed on the silver level. On their date of admission, unit staff place youth on the Youth Daily Point Sheet and begin assessing them per period. Youth begin earning/failing to earn points on their day of admission however, the youth will be placed on the silver level. On their date of admission, unit staff place youth on the Youth Daily Point Sheet and begin assessing them per period. POINT CARDS & EARNING POINTS/PRIVILEGES Probation staff providing supervision during a given period are responsible for collaborating on awarding points for said period. Probation staff awarding points must also request feedback from any other program staff (including outside agencies) on awarding points during activities and programs. Youth must be assessed at the end of each recording period. Be sure to allow sufficient time to award points to each youth, and to allow for brief “check-in” with each youth about the youths’ behavior that earned them the point decision when warranted. During the recording period, the youths daily point sheet is to be stored in the Board DSO clipboard. At no time, should staff leave the clipboard binder where it is accessible to youth. This way staff can document comments during the block of time to use as a reminder of behaviors, Exceptional Behavior Points. Upon the completion of the afterschool period ending at 5pm (School Movement/Afterschool/Programming/Rec), the youth will know if she/he earned a Good Day reward. Unit Seniors or Supervisors should review all Good Day reward points. LACOE provides the daily points for youth via email by 4pm daily so they can be used for the Good Day reward. Night staff are responsible for recording points into the BMP page in PCMS, create a Youth Daily Point Sheet for the following day; generate and post the Daily Unit Points visibly in the unit. AM/PM staff are responsible for recording points for their respective shift and calculating Good-Day reward. 19 The Good Day reward points shall be reviewed and approved by the unit Senior or Supervisor before delivery of the reward to ensure accuracy and fairness. The reward is given out by unit staff. Level privileges begin the day after weekly points are totaled, this should be Saturday. BMP store is a weekly reward based on a “level” currency, i.e., the higher the youth’s level, the more choice of items they can “purchase” from the store. Purchasing is based on the youth’s level at the time youth go to the store. All youths have a constitutional right to one phone call/week. Beyond that, the number of minutes a youth can earn increases as their level increases. Phone calls are 10 minutes each and cannot be stacked. Youths phone calls are limited to non- programming and non-school times. FAILURE TO EARN & LOSS OF PRIVILEGES Before assessing point values and infraction interventions, staff should always assess whether the infraction is or is not a result of a cognitive or skill deficit. (i.e., Does the youth understand how to achieve the desired behavior? Or has the youth learned to do what you are asking him to do?) All staff must take every opportunity to provide social skill instruction, coaching and role modeling to shape desired behaviors. BMP Store BMP store is both an immediate and a delayed reward earned by youth who demonstrate appropriate behavior. The currency for the store is the points and level. Since BMP store is only offered one time/week, it is a delayed reinforcer for behaviors youth have already exhibited and recorded in the points and levels earned. Therefore, it is important that youth are allowed to receive their store items AND realize that these items are a reward for past behaviors. The youth will walk to the BMP to purchase their items. Tokens earned from partner agencies can be redeemed at the BMP Store during the weekly trip. Partner agencies share the list of all youth who received a token the past week and the youth are able to receive the treat during the store visit. TRANSPARENCY At any point in the day, youth can ask staff about their points or what level they are currently on. This discussion should include clarity on what behaviors they earned points for as well as behaviors for which they failed to earn points. It is also a time where staff can encourage youth that each grading period is, if necessary, a chance for them to start again. 20 QUALITY ASSURANCE Quality assurance is an audit and review process to determine how closely program practices/implementation follow prescribed policies and processes, and if desired outcomes are achieved. It is critical that the BMP is implemented with fidelity, and points and levels are fairly earned and given. To ensure the BMP is implemented consistently across units and shifts, a practical quality assurance program is needed. On a weekly basis, each unit Supervisor shall select one random day to review a 10% sample size of Good Day Rewards scores, youth level advancement/reduction, and Sanctions and Appeal forms to ensure the points and levels were properly earned and calculated. These reviews will be signed by unit Directors. If a pattern emerges of divergence from fair points, rewards and level advancement, facility management shall decide on, and implement, corrective action such as observation of skills, training, etc.. On a monthly basis, an external DSB unit shall conduct audits to ensure the BMP is implemented with adherence to the manual, and determine its’ impact on rates of incidents, participation in activities/programming, etc. If the external unit determines deficiencies exist, collaborative corrective measures will be developed with DSB management and monitored for implementation 21 Appendix A Probation Behavior Expectations and Shared Core Values 22 Recreation • Follow staff direction for • Show respect for others • Return equipment to stopping/starting activities efforts designated areas and rules for play • Use equipment • Stay in the designated as intended recreation area • Communicate only with your unit • Stay on task Programs • Listen and follow • Respect others’ opinions • Participate in program instructions given by staff daily /adults • Return any items at the • Remain in the area end of the program • Finish snacks provided during the program Unit / • Get permission before • Interact with staff and • Speak when it’s your Dayroom moving to another area youth in a respectful turn and listen to • Stay out of other youths’ manner others points of views room • Stay away from property • Participate in dayroom that is not yours clean up Room • Keep windows on doors • Keep room clean and bed • Keep only allowed and cameras free from made items in your room obstruction • Keep room graffiti and tag • Maintain your personal • Maintain personal free items boundaries by only entering • Keep rooms inspection your own room ready Restroom • Keep hands, feet, and • Give appropriate personal • Flush and wash hands /Showers personals to yourself space and privacy • Inform staff of • Be responsible with water • Clean up after yourself vandalism or other and use only the amount messes you need • Be mindful of your • Clean up any spilled items time as it’s a shared space 24 Meals • Stay seated at dayroom • Maintain a positive • Eat only your own food table for all meals conversation • Integrate tables • Wait your turn in line to • Keep all food and receive food drinks at the table • Clean up after the meal Medical • Take your own medication • Interact respectfully with • Report medical • Ask questions when needed medical staff concerns accurately • Attend all appointments as • Take medications as scheduled prescribed Mental • Maintain boundaries, • Respect other space • Report concern Health personal space and remain • Respect Mental Health accurately respectful staff • Comply with instructions • Ask questions when needed Security • Be free of contraband on • Cooperate with security • Report any safety your person and your space searches issues to staff • Follow the "nothing in nothing out" policy for school Phone • Only call those approved by • Maintain a quiet • Comply with telephone Calls staff conversation schedule • Only listen to your conversation • Respect the telephone equipment PM • Follow instructions of staff • Ignore all disruptive • Maintain a low voice Routine and enter room when behavior of peers and volume directed 25 Appendix B Rewards / Incentive List 27 Appendix C Youth Daily Point Sheet 29 30 CONSIDERATIONS WHEN DECIDING POINTS EARNED 1. Consider how well the youth demonstrated the expected behaviors for each period on the Youth Daily Point sheet. 2.Consider if the youth needed to be reminded or redirected to stop inappropriate behavior. Think self-initiated, staff directed, staff redirected or staff intervention 3. Consider if the youth stopped the behavior when asked, or self-corrected the inappropriate behavior or if staff had to increase the level of intervention more than two times 4. Consider the amount of time the youth was not in a “point earning situation” cduring the grading period. Being in a non-point earning situation for only a few minutes of a period should not mean the youth fails to earn all of their points for the block. out t at a e alrea y ra uate from i sc ool an are not artici atin in any sc ool ro ram ill a e t el e oints added to their daily score in lieu of school points. These points shall be based on good behavior and following staff instructions. en e a ior fails to meet t e re uire stan ar for a sc e ule ro rammin acti ity a ero s all e esi nate in t e column that corresponds to that programming activity 7. When a youth receives a SIR/PIR listed for any disruptive behaviors by probation staff, no points will be awarded to the youth for that erio e ro ation staff an lin t e oar ill esi nate a ero in t e a ro riate acti ity column corres on in to t at yout out receiving a SIR/PIR should not receive the Good Day reward 8. When a youth is suspended from school no points shall be awarded to the youth for the period and the rest of the school periods that day. If the suspension is for multiple days, no points shall be awarded during school periods throughout the duration of the suspension 9. When a youth is transferred to the HOPE center, no points shall be awarded to the youth for the period and all additional periods while staying the HOPE center. Youth can resume points when they return to their unit 10. Earned points cannot be deducted once a youth earns them and they are recorded on the youth daily point sheet by staff 11. If youth are out of the facility for court or medical, they should receive full points during the periods they are out. Points Behavior Youth initiates appropriate behavior and completes the expected task during the period with two or less reminders. Youth does 2 not require any behavior interventions by staff during the period. Youth required multiple redirections from staff reminders, but eventually accepted redirection, got on task and was able to follow 1 instructions and meet expectations. Youth behavior expectations were NOT met; youth repeatedly refused to follow staff directions and did not respond to intervention. 0 NOTE: A youth will automatically get a “0” for the day if they participate in a “severely disruptive behavior” as defined int the BMP Manual. Bonus Youth displays behaviors identified on the Behavior Expectations Charts as Exceptional. 31 Appendix D BMP REWARDS BY LEVEL 32 Appendix E DSB MANAUL 1106-1107 34 1106 RULES AND REGULATIONS Only deputized staff are authorized to impose discipline for violation of rules. • The imposition of discipline shall not be delegated to any detainee. • Trauma-informed approaches and positive behavior interventions shall be utilized. • An SIR shall be written on all violations and shall be reviewed by a supervisor. The youth may appeal the imposition of a sanction to the supervisor as described in Section 1107 – Due Process. • Mildly and moderately disruptive behavior shall be considered as Minor Rule Violations. Minor Rule Violations may include, but are not limited to: • Verbal abuse, profanity, racial remarks, name-calling or creating excessive noise or complaints • Failure to follow instructions, participate in scheduled activity or running own program • Repetitious acts of misconducts • Instigating others to cause disruptive behavior • Lying or misleading staff or falsifying information or making demands to staff • Walking out of bounds or out of supervision area • Damaging or losing county property or flooding sinks and/or toilets • Unauthorized telephone use • Trading food or property without permission • Horseplay • Gang Activity • Gambling • Tattooing • Theft • Littering • Improper dress • Possession of minor contraband such as extra clothing, sheets, books, etc. • Other (as deemed by Probation Director or designee) Discipline shall be accompanied by written documentation. • Severely disruptive behavior by the youth shall be considered as Major Rule Violations. Major Rule Violations may include, but are not limited to: • Participation in a major/group disturbance or inciting/participating in riotous behavior or creating a disturbance after lights out 35 • Fabricating and/or exaggerating symptoms of self-injurious or suicidal behavior • Fighting, gassing or assaulting or committing physical abuse on other youth or staff • Making threats or intimidating or bullying others • Tampering with security equipment • Exchanging medication(s) • Inappropriate or unacceptable sexual behavior • AWOL or attempted AWOL • Need for physical, chemical and/or mechanical restraint • Smoking • Possession or ingesting of drugs, vape paraphernalia and/or alcohol • Other (as deemed by Probation Director or designee) Rule Violations: In the instance of a Minor Rule Violation, which include mild and moderate disruptive behavior, court action may be taken, and the following consequences may be given: • Verbal warning • Re-clarification of the rules and expectations • Merit ladder points lowered In the instance of a Major Rule Violation, court action may be taken, and the following consequences may be given in addition to consequences for Minor Rule Violations listed above: • Referral to the Individualized Behavior Management Plan (IBMP). • Administrative Hold pending filing of additional charges with administrative approval (e.g., 1111, 602, 777, etc.). • Detention Observation Report (DOR) to the court. 1107 DUE PROCESS All sanctions shall be imposed in accordance with due process. The level and formality of due process shall be commensurate with and in direct relationship to the severity of the sanction imposed. Accommodations shall be provided to youth with disabilities, limited literacy, and English language Learners. Due process requires the following: • Written notice of violation prior to a hearing • Hearing by a person who is not a party to the incident, normally the supervisor, OD or Division Director • Opportunity for the youth to be heard, present evidence and testimony 36 • Provision for assistance in the hearing process by staff who can explain the procedures • Provision for administrative review It is intended that due process shall occur in a timely manner. However, staff may need to immediately isolate youth in need of control and who pose immediate threats to themselves, staff or other youth. At the end of the emergency, the disciplinary due process shall occur. Sanctions and Appeals Process In all instances where a youth is involved in an SIR or PIR that involves a behavior issue, a Sanctions and Appeal form (Attachment A) shall also be submitted by one of the staff completing the Special Incident Report (SIR) or Physical Intervention Report (PIR) and attached to the incident packet. The purpose of this form is for the staff to recommend sanctions against the youth and allow him/her their right to due process. Staff shall complete Sections A, B, C, and D detailing the incident resulting in the sanctions and recommendations. The youth involved shall then initial, check and sign section E as acknowledgement. Appeal Process for Minor Rule Violations If the youth was involved in an incident that constitutes a Minor Rule Violation as listed in Section 1106, they will be given the right to appeal any sanctions to a Supervisor under Section F of the Sanctions and Appeal form. The staff shall explain to the youth their appeal rights as noted in Section F. The youth shall then sign the form to acknowledge that they are aware of their rights. If the youth does not wish to appeal the sanction, then no further action shall be required. If the youth wishes to appeal the sanctions, then they may make an appeal directly to the supervisor to have the sanctions revoked or changed. The supervisor shall then meet with the youth within (4) hours and make a decision. If the youth does not accept the Supervisor’s decision, an appeal may be further pursued with a facility Director. Hearing Process for Major Rule Violations If the youth was involved in an incident that constitutes a Major Rule Violation as listed in Section 1106, they will be given the right to a formal hearing process with a Hearing Officer (Supervisor) under Section G of the Sanctions and Appeal form. Accommodations shall be provided to youth with disabilities, limited literacy and English language learners. The hearing provides an opportunity for the youth to be heard, present evidence and testimony. The staff shall explain to the youth their hearing rights as noted in Section G. If the youth does not wish to have a formal hearing, then no further action shall be required. If the youth declines a formal hearing, an additional staff must be present and bear witness to the refusal and additionally note their name on the form. If the youth wishes to continue with a formal hearing, the case shall be heard by a Supervisor (Hearing Officer) who is not a party to the incident within (4) hours. They will also have the right to ask any staff present to assist them in the process by speaking on their behalf or in their defense. Another youth may also speak in their defense. 37 During the formal hearing, the youth shall be make their case to the Hearing Officer presenting any relevant evidence or testimony on their own behalf as to why they feel that the sanctions are not just or appropriate. The Hearing Officer shall then make a determination as to whether or not the sanction will be revoked or changed based on their review of the incident. At the conclusion of the hearing process, the youth shall be provided with a copy of the hearing form. If the youth does not accept the Supervisor’s decision, an appeal may be further pursued with a facility Director. The youth shall be provided a copy of the Sanction Appeals form after their appeal with the Director has concluded. Administrative Review and Quality Assurance The Division Director shall be responsible for reviewing all Sanction and Appeal forms for their division to ensure that the youth are afforded all their rights according to due process. All sanctions and appeal forms shall be reviewed and signed off within (3) business days by a Director. (Meets standards set forth in Title 15, Section 1390) 38 Appendix F SANCTIONS/APPEALS FORM 39 A. INCIDENT INFORMATION Date: Time: SIR/PIR #: Facility: Unit: B. YOUTH INVOLVED Name: PDJ: If applicable: Accomodations provided to youth: with Disabilities with Limited Literacy who is an English Language Learner Type of accommodation provided: C. NOTICE OF VIOLATION: Minor Violation: Major Violation: D. IMPOSED SANCTIONS No Action Contact youth's DPO Reduced Merit Ladder Points Privilege Suspension Indicate privilege: Other: COURT ACTIONS DOR / 1111 777 Notice of Violation 602 New Petition E. SIR/PIR CONTENT AND RECOMMENDED SANCTION(S) (to be completed by the youth) I understand the facts in the SIR/PR: Yes No I admit to the contents of the SR/PR: Yes No I understand the sanctions: Yes: No I accept the recommended sanctions: Yes No Youth's Signature: Date: If youth refuses to sign, staff must bear witness: Witnessed by: Witnessed by: F. APPEAL (Minor Incident Only) You were involved in a Minor Rule Violation that has resulted in the Detention Services Officer recommending sanctions against you. The sanctions are noted at the top of this page, court sanctions are excluded for Minor Rule Violations. You have the right to appeal this sanction to a unit SDSO within (4) hours. Appeal rights were explained: Yes No Staff Name: Date: Do you understand your rights? Yes No Youth's Signature: Date: Does the youth want to appeal the recommendations? Yes No Supervisor Name: Date/Time: Youth accepts decision: Supervisor Signature: Youth will appeal to Director: Youth's signature: Actions Taken: G. HEARING (Major Incident Only) You were involved in Major Rule Violation that has resulted in the sanctions against you. You have the right to a hearing with an uninvolved party so that you may present evidence and testimony on your defense and you have the right to ask for any staff to assist you in the process or speak on your behalf. If you desire a hearing, an uninvolved Supervisor will meet with you within (4) hours to hold the hearing. Hearing rights and process explained? Yes No Staff Name: Date: Do you understand your rights? Yes No Youth's Signature: Time: Does the youth want a hearing? Yes No If the youth desires a hearing, Section (H) must be completed by an uninvolved Supervisor and attached. If the youth waives their right to a hearing, an additional staff must bear witness: Witnessed by: 40