San Bernardino County (2018-2020 inspection cycle)

August 5, 2020 Michelle Scray-Brown, Chief Probation Officer San Bernardino County Probation Department 175 W. 5th St. San Bernardino, CA 92401 RE: SAN BERNARDINO COUNTY 2018/2020 BIENNIAL INSPECTION PURSUANT TO WELFARE AND INSTITUTIONS CODE SECTION 209 AND 885 Dear Chief Scray-Brown: On 6/09/2020, Pursuant to Welfare and Institutions Code sections 209 and 885 BSCC staff completed the virtual 2018/2020 Biennial Inspection of the San Bernardino Probation Department’s Central Valley Juvenile Detention and Assessment Center (CVJDAC) and Gateway Juvenile Detention and Assessment Center (GWJDAC) via a desk audit. To prepare for this inspection, a pre-inspection briefing was held April 3 and 4, 2019. This inspection was performed to determine compliance with the Minimum Standards for Local Detention Facilities as outlined in Titles 15 and 24, California Code of Regulations. In addition, BSCC staff conducted compliance monitoring pursuant to Welfare and Institutions Code Section 209(f) for the federal Juvenile Justice and Delinquency Prevention Act (JJDPA) for the separation requirements of juveniles from incarcerated adults. Due to the coronavirus pandemic and the issuance of statewide and local shelter-in-place orders, BSCC staff were prohibited from traveling and unable to complete on-site inspections from March 16 through June 30, 2020, the end of the 2018/2020 biennial inspection cycle. BSCC staff conducted virtual inspections via desk audit of all facilities originally scheduled for inspection during this time. Desk audits are comprised of a comprehensive review of all applicable policies and procedures and documentation made available by your Department. BSCC staff intend to conduct comprehensive on-site inspections of all local detention facilities as soon as travel restrictions are lifted. The BSCC inspection report consists of this transmittal letter and the attached Title 15 Procedures checklist. Compliance is indicated by policy and/or documentation review. Please refer to the Title 15 Procedures Checklist for a summary of all relevant minimum standards, indication of compliance or noncompliance, and information used to determine compliance. 7483+7485 San Bernardino JH+Camp LTR 18-20 Michelle Scray-Brown, Chief Probation Officer Page 2 Scope of the Inspection The inspection consisted of a review of the San Bernardino CVJDAC and GWJDAC Policy and Procedure Manual1. Documentation reviewed for this desk audit consisted of: • Title 15 section 1313 County inspection and Evaluation of Building and Grounds (reviewed local inspections) • Title 15 section 1320 Appointments and Qualifications (Chief Brown memo) • Title 15 section 1321 Staffing (Reviewed three (3) months of staffing schedules) • Title 15 section 1325 Fire Safety Plan (Monthly fire and life safety inspections and Fire drills) • Title 15 section 1326 Security Reviews (2019 and 2020) • Title 15 section 1327 Emergency Procedures (Staff annual emergency procedure review) • Title 15 section 1328 Safety Checks (March 2019 and January 2020) • Title 15 section 1329 Suicide Prevention Plan (Reviewed two (2) attempted suicide incident reports) • Title 15 section 1350 Admittance (Reviewed five (5) admittance packets from each facility) • Title 15 section 1350.5 Screening for the Risk of Sexual Abuse (Reviewed five (5) from each facility) • Title 15 section 1351 Releases (Reviewed five (5) release packets from each facility) • Title 15 section 1352 Classification (Reviewed five (5) classification packets from each facility) • Title 15 section 1352.5 Transgender and Intersex Youth (Reviewed the form) • Title 15 section 1353 Orientation (Reviewed five (5) orientation packets from each facility) • Title 15 section 1354.5 Room Confinement (Reviewed ten (10) room confinement packets from the juvenile hall) • Title 15 section 1355 Institutional Assessment and Plan (Reviewed five (5) IAP packets from each facility) • Title 15 section 1357 Use of Force (Reviewed ten (10) use of force reports from each facility) • Title 15 section 1360 Grievance (Reviewed five (5) grievances from each facility) • Title 15 section 1362 Reporting of Incidents (Reviewed five (5) incident reports from each facility) • Title 15 section 1370 Education Program (Reviewed school curriculum and school schedules) • Title 15 section 1371 Programs, Recreation, and Exercise (Reviewed documentation of youth daily one hour of programs, recreation, and exercise. Also reviewed daily and monthly program schedules for each facility) • Title 15 section 1374 Visiting (Reviewed visitation logs from each facility) • Title 15 section 1391 Discipline Process (Reviewed five (5) due process from each facility) Inspection Results Title 15, CCR Minimum Standards Upon final review of all documentation, there are no outstanding items of noncompliance with Title 15 at the Central Valley Juvenile Detention and Assessment Center (CVJDAC) and Gateway Juvenile Detention and Assessment Center (GWJDAC). As indicated above, compliance is based upon virtual inspection. No corrective action is required at this time. We want to thank you and your staff for their time and assistance in completing this inspection. Deputy Chief Probation Officer Julie Francis was helpful in coordinating this 1 BSCC reviews only those policy and procedures required by, and applicable to, Title 15, CCR. BSCC staff do not “approve” policies and procedures or assess them for constitutional or legal issues. Agencies should seek review through their legal advisor, risk manager, and other persons deemed appropriate for such evaluation. 7483+7485 San Bernardino JH+Camp LTR 18-20 Michelle Scray-Brown, Chief Probation Officer Page 3 inspection. DCPO Francis assisted at each step by clarifying processes, answering questions and providing supporting documentation. This concludes the 2018/2020 biennial inspection report. I am available to assist as needed and happy to provide technical assistance when requested. I look forward to continuing to work together. Please do not hesitate to email me at Craigus.thompson@bscc.ca.gov or call (916) 621- 2852 if you have any questions. Sincerely, Craigus Thompson Sr. Field Representative Facilities Standards and Operations Division Enclosures cc: Chair, San Bernardino County Board of Supervisors* Chief Administrative Officer, San Bernardino County* Presiding Judge, San Bernardino County Juvenile Court* Chair, San Bernardino County Juvenile Justice Commission* Julie Francis, Deputy Chief Probation Officer *Copies of full inspection are available upon request or are available online at www.bscc.ca.gov. 7483+7485 San Bernardino JH+Camp LTR 18-20 JUVENILE HALLS, SPECIAL PURPOSE JUVENILE HALLS AND CAMPS Board of State and Community Corrections PROCEDURES CHECKLIST1 BSCC Code: 7483+7485 FACILITY NAME: Central Valley Juvenile Detention and Assessment Center FACILITY TYPE: JH and Camp (CVJDAC) and Gateway Juvenile Detention and Assessment Center (GWJDAC) PERSON(S) INTERVIEWED: Julie Francis, Deputy Chief Probation Officer FIELD REPRESENTATIVE: Craigus Thompson Sr. DATE: June 9, 2020 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1313 COUNTY INSPECTION AND Juvenile Detention and Assessment Center EVALUATION OF BUILDING AND GROUNDS (JDAC)/ Treatment Facility Inspections, On an annual basis, or as otherwise required by law, Reports each juvenile facility administrator shall obtain a documented inspection and evaluation from the following: (A) County building inspection by agency designated by CVJDAC- Completed 3/2/2020 X the Board of Supervisors to approve building safety; GWJDAC- Completed 1/22/2020 (B) Fire authority having jurisdiction, including a fire CVJDAC- GWJDAC clearance as required by Health and Safety Code Section 13146.1 (a) and (b); X Due to COVID -19 restrictions facilities are scheduled to be inspected 12/1/2020. The last inspection was completed on 5/17/2018. (C) Local health officer, inspection in accordance with CVJDAC-Environmental completed Health and Safety Code Section 101045; 5/29/2019 CVJDAC-Nutritional completed 5/29/2019 CVJDAC-Medical/Mental Health completed 5/29/2019 X GWJDAC-Environmental completed 5/29/2019 GWJDAC-Nutritional completed 5/29/2019 GWJDAC-Medical/Mental Health completed 5/29/2019 (D) County superintendent of schools on the adequacy Completed on 10/15/2019 by Jannette Price, of educational services and facilities as required in Coordinator of Student Transitions and X Section 1370; Planning, Riverside County Office of Education. (E) Juvenile court as required by Section 209 of the CVJDAC- Completed 4/26/2019 X Welfare and Institutions Code GWJDAC- Completed 4/29/2019 1 This document is intended for use as a tool during the inspection process; this worksheet may not contain each Title 15 regulation that is required. Additionally, many regulations on this worksheet are SUMMARIES of the regulation; the text on this worksheet may not contain the entire text of the actual regulation. Please refer to the complete California Code of Regulations, Title 15, Minimum Standards for Local Facilities, Division 1, Chapter 1, Subchapter 5 for the complete list and text of regulations. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 1 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (F) Juvenile Justice Commission as required by Section CVJDAC- Completed 6/6/2019 229 of the Welfare and Institutions Code or GWJDAC- Completed 6/6/2019 X Probation Commission as required by Section 240 of the Welfare and Institutions Code. 1320 APPOINTMENT AND QUALIFICATIONS Appointment and Qualifications BSCC Note: Compliance with this section is determined by receipt of the Chief Probation Officer’s The elements of this regulation are covered in Chief Michelle Scray Brown letter, dated certification letter confirming that all elements of 4/16/2020. regulation are met. (a) Appointment X In each juvenile facility there shall be a superintendent, director or facility manager in charge of its program and employees. Such superintendent, director, facility manager and other employees of the facility shall be appointed by the facility administrator pursuant to applicable provisions of law. (b) Employee Qualifications X Appointment and Qualifications: A Each facility shall: (1) recruit and hire employees who possess knowledge, Appointment and Qualifications: A >1 >a skills and abilities appropriate to their job X classification and duties in accordance with applicable civil service or merit system rules; (2) require a medical evaluation and physical Appointment and Qualifications: A >1 > b. examination including tuberculosis screening test X and evaluation for immunity to contagious illnesses of childhood (i.e., diphtheria, rubeola, rubella, and mumps); (3) adhere to the minimum standards for the selection Appointment and Qualifications: A >1 > d X and training requirements adopted by the Board pursuant to Section 6035 of the Penal Code; and (4) conduct a criminal records review, on each new Appointment and Qualifications: A > 1 > e employee, and psychological examination in X accordance with Section 1031 et seq. of the Government Code. (c) Contract personnel, volunteers, and other non- Appointment and Qualifications: B >1 employees of the facility, who may be present at the facility, shall have such clearance and qualifications X as may be required by law, and their presence at the facility shall be subject to the approval and control of the facility manager. 1321 STAFFING Staffing: Juvenile Detention and X Assessment Centers (JDACs) and Each juvenile facility shall: Treatment Facilities (TFs) 7483+7485 San Bernardino JH+Camps PRO 18-20 - 2 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS a) have an adequate number of personnel sufficient to Staffing: Purpose carry out the overall facility operation and its We reviewed a variety of documents from programming, to provide for safety and security of each facility including safety check records, youth and staff, and meet established standards and regulations; X grievances, disciplinary actions, incidents reports, shift schedules and rosters. Review of these documents as well as the policy and procedure manuals revealed compliance with this regulation. b) ensure that no required services shall be denied Staffing: I > C X because of insufficient numbers of staff on duty absent exigent circumstances; c) have a sufficient number of supervisory level staff to Staffing: I > A ensure adequate supervision of all staff members; X A Supervisor is identified on the daily shift rosters. d) have a clearly identified person on duty at all times Staffing: I.>D who is responsible for operations and activities and X has completed the Juvenile Corrections Officer Core Course and PC 832 training; e) have at least one staff member present on each living Staffing: I >E unit whenever there are youth in the living unit; X Per policy and procedure manual staff is always present in occupied housing units. f) have sufficient food service personnel relative to the Staffing: Guidelines > E. number and security of living units, including staff Daily schedules were reviewed to verify qualified and available to: plan menus meeting compliance with this regulation. nutritional requirements of youth; provide kitchen X supervision; direct food preparation and servings; conduct related training programs for culinary staff; and maintain necessary records; or, a facility may serve food that meets nutritional standards prepared by an outside source; g) have sufficient administrative, clerical, recreational, Staffing: Guidelines > F medical, dental, mental health, building maintenance, transportation, control room, facility X security and other support staff for the efficient management of the facility, and to ensure that youth supervision staff shall not be diverted from supervising youth; and, h) assign sufficient youth supervision staff to provide Staffing: I >B continuous wide-awake supervision of youth, subject to temporary variations in staff assignments X to meet special program needs. Staffing shall be in compliance with a minimum youth-staff ratio for the following facility types: 7483+7485 San Bernardino JH+Camps PRO 18-20 - 3 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (1) Juvenile Halls (minimum youth-staff ratio) Staffing: II >A (A) during the hours that youth are awake, one wide- Juvenile Hall population at the time of the awake youth supervision staff member on duty for X desk audit was 104 youths, 94 males, and 10 each 10 youth in detention; females. Review of documentation revealed staffing ratios are met at all times. (B) during the hours that youth are confined to their Staffing: >II > B room for the purpose of sleeping, one wide-awake X youth supervision staff member on duty for each 30 youth in detention; (C) at least two wide-awake youth supervision staff Staffing: >II > C members on duty at all times, regardless of the number of youth in detention, unless an X arrangement has been made for backup support services which allow for immediate response to emergencies; and, (D) at least one youth supervision staff member on duty Staffing: >II >D X who is the same gender as youth housed in the facility. (E) personnel with primary responsibility for other Staffing: Guidelines > C duties such as administration, supervision of X personnel, academic or trade instruction, clerical, kitchen or maintenance shall not be classified as youth supervision staff positions. (2) Special Purpose Juvenile Halls (minimum youth- This facility is not a Special Purpose staff ratio) Juvenile Hall. The balance of this regulation X (A) during hours that youth are awake, one wide-awake has been deemed not applicable. youth supervision staff member is on duty for each 10 youth in detention; (B) during the hours that youth are confined to their room N/A for the purpose of sleeping, one wide-awake youth X supervision staff member on duty for each 30 youth in detention; (C) at least two wide-awake youth supervision staff N/A members on duty at all times, regardless of the X number of youth in detention, unless an arrangement has been made for backup support services which allow for immediate response to emergencies; and, (D) at least one youth supervision staff member on duty N/A X who is the same gender as youth housed in the facility. (E) personnel with primary responsibility for other N/A duties such as administration, supervision of X personnel, academic or trade instruction, clerical, kitchen or maintenance shall not be classified as youth supervision staff positions. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 4 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (3) Camps (minimum youth -staff ratio) Gateway Juvenile Detention and (A) during the hours that youth are awake, one wide- Assessment Center (GWJDAC) population awake youth supervision staff member on duty for X at the time of the desk audit was 23 male each 15 youth in the camp population; youths. Review of documentation revealed staffing ratios are met at all times. (B) during the hours that youth are confined to their Same as juvenile hall. room for the purpose of sleeping, one wide-awake X youth supervision staff member on duty for each 30 youth present in the facility; (C) at least two wide-awake youth supervision staff Same as juvenile hall. members on duty at all times, regardless of the X number of youth in residence, unless arrangements have been made for backup support services which allow for immediate response to emergencies; (D) at least one youth supervision staff member on duty Same as juvenile hall. X who is the same gender as youth housed in the facility; (E) in addition to the minimum staff to youth ratio Same as juvenile hall. required in (h)(3)(A)-(B), consideration shall be given to the size, design, and location of the camp; types of youth committed to the camp; and the X function of the camp in determining the level of supervision necessary to maintain the safety and welfare of youth and staff; (F) personnel with primary responsibility for other Same as juvenile hall. duties such as administration, supervision of personnel, academic or trade instruction, clerical, X farm, forestry, kitchen or maintenance shall not be classified as youth supervision staff positions. 1322 YOUTH SUPERVISION STAFF Youth Supervision Staff Orientation and ORIENTATION AND TRAINING Training (a) Prior to assuming any responsibilities each youth X supervision staff member shall be properly oriented to their duties, including: (1) youth supervision duties; X Youth Supervision: II > A (2) scope of decisions they shall make; X Youth Supervision: II >B (3) the identity of their supervisor; X Youth Supervision: II > C (4) the identity of persons who are responsible to Youth Supervision: II >D X them; (5) persons to contact for decisions that are beyond Youth Supervision: II >F X their responsibility; and (6) ethical responsibilities. X Youth Supervision: II >G (b) Prior to assuming any responsibility for the Youth Supervision: III supervision of youth, each youth supervision staff X member shall receive a minimum of 40 hours of All new full-time and temporary employees facility-specific orientation, including: receive 40 hours of Introductory Training. (1) individual and group supervision techniques; X Youth Supervision: III >A 7483+7485 San Bernardino JH+Camps PRO 18-20 - 5 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (2) regulations and policies relating to discipline and Youth Supervision: III >B rights of youth pursuant to law and the X provisions of this chapter; (3) basic health, sanitation and safety measures; X Youth Supervision: III > C (4) suicide prevention and response to suicide Youth Supervision: III >D X attempts (5) policies regarding use of force, de-escalation Youth Supervision: III >E techniques, chemical agents, mechanical and X physical restraints; (6) review of policies and procedures referencing Youth Supervision: III>F X trauma and trauma-informed approaches; (7) procedures to follow in the event of Youth Supervision: III >G X emergencies; (8) routine security measures, including facility Youth Supervision: III > H X perimeter and grounds; (9) crisis intervention and mental health referrals to Youth Supervision: III> I X mental health services; (10) documentation; and X Youth Supervision: III > J (11) fire/life safety training X Youth Supervision: III> K (c) Prior to assuming sole supervision of youth, each Youth Supervision: I >A youth supervision staff member shall successfully complete the requirements of the Juvenile X Corrections Officer Core Course pursuant to Penal Code Section 6035. (d) Prior to exercising the powers of a peace officer Youth Supervision: I > C youth supervision staff shall successfully complete X training pursuant to Section 830 et seq. of the Penal Code. 1323 FIRE AND LIFE SAFETY Juvenile Detention and Assessment Center (JDAC)/Treatment Facilities (TF) Whenever there is a youth in a juvenile facility, there Emergency Operating Procedures: shall be at least one wide awake person on duty at all Preparedness, Equipment, Supplies, and times who meets the training standards established by the Response Board for general fire and life safety which relate specifically to the facility. X Guidelines: B Review of documentation indicates that all youth supervisory staff receive site-specific life safety training during orientation. Also, all full-time employees receive fire and safety training in juvenile CORE. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 6 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1324 POLICY AND PROCEDURES MANUAL Policy and Procedure Manual All facility administrators shall develop, publish, and I > A. implement a manual of written policies and procedures that address, at a minimum, all regulations that are County of San Bernardino CVJDAC and applicable to the facility. Such a manual shall be made GWJDAC Juvenile Detention Facilities available to all employees, reviewed by all employees, Policy, Procedures and Operations Manuals X and shall be administratively reviewed at a minimum were provided prior to the date of desk audit. every two years, and updated, as necessary. Those The manuals were administratively reviewed records relating to the standards and requirements set by Michelle S. Brown, Chief Probation forth in these regulations shall be accessible to the Board Officer on October 21, 2019. on request. The manual shall include: (a) table of organization, including channels of Policy and Procedure: I >A >1 communications and a description of job X classifications; (b) responsibility of the probation department, purpose Policy and Procedure: I > A > 2 of programs, relationship to the juvenile court, the Juvenile Justice/Delinquency Prevention X Commission or Probation Committee, probation staff, school personnel and other agencies that are involved in juvenile facility programs; (c) responsibilities of all employees; X Policy and Procedure: I > A > 3 (d) initial orientation and training program for Policy and Procedure: I >A > 4 X employees; (e) initial orientation, including safety and security Policy and Procedure: I >A >4 > a issues and anti-discrimination policies, for support X staff, contract employees, school, mental/behavioral health and medical staff, program providers and volunteers; (f) maintenance of record-keeping, statistics and Policy and Procedure: I >A >5 X communication system to ensure: (1) efficient operation of the juvenile facility; X Policy and Procedure: I >A>5 >a (2) legal and proper care of youth; X Policy and Procedure: I >A>5 >b (3) maintenance of individual youth's records; X Policy and Procedure: I >A > 5 > c (4) supply of information to the juvenile court and Policy and Procedure: I >A > 5 > d X those authorized by the court or by the law; and, (5) release of information regarding youth. X Policy and Procedure: I >A> 5 > e (g) ethical responsibilities; X Policy and Procedure: I>A > 6 (h) trauma-informed approaches; X Policy and Procedure: I.>A >7 (i) culturally responsive approaches; X Policy and Procedure: I >A >7 (j) gender responsive approaches; X Policy and Procedure: I >A > 7 7483+7485 San Bernardino JH+Camps PRO 18-20 - 7 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (k) a non-discrimination provision that provides that all Policy and Procedure: I >A > 8 youth within the facility shall have fair and equal access to all available services, placement, care, treatment, and benefits, and provides that no person shall be subject to discrimination or harassment on the basis of actual or perceived race, ethnic group X identification, ancestry, national origin, immigration status, color, religion, gender, sexual orientation, gender identity, gender expression, mental or physical disability, or HIV status, including restrictive housing or classification decisions based solely on any of the above mentioned categories; (l) storage and maintenance requirements for any Policy and Procedure: I >A > 9 chemical agents related security devices, and X weapons and ammunition, where applicable; (m) establishment of procedures for collection of Medi- Policy and Procedure: I >A> 10 Cal eligibility information and enrollment of eligible X youth; and, (n) establishment of a policy that prohibits all forms of Policy and Procedure: I >A > 11. sexual abuse, sexual assault and sexual harassment. The policy shall include an approach to preventing, detecting and responding to such conduct and any X retaliation for reporting such conduct, as well as a provision for reporting such conduct by youth, staff or a third party. 1325 FIRE SAFETY PLAN Juvenile Detention and Assessment Center The facility administrator shall consult with the local fire (JDAC)/Treatment Facilities (TF) department having jurisdiction over the facility, or with Emergency Operating Procedures: the State Fire Marshal, in developing a plan for fire safety X Preparedness, Equipment, Supplies, and which shall include, but not be limited to: Response I > E > 1 a) a fire prevention plan to be included as part of the Emergency Operating: I >E > 1 X manual of policy and procedures; b) monthly fire and life safety inspections by facility Emergency Operating: I > E > 2 > a staff with two- year retention of the inspection record; We reviewed monthly and fire safety X inspections for each facility from July 2018 through March 2020. All inspections were completed and verified during this desk audit inspection. c) fire prevention inspections as required by Health Emergency Operating: I. >E > 2 > b X and Safety Code Section 13146.1(a) and (b); d) an evacuation plan; X Emergency Operating: III 7483+7485 San Bernardino JH+Camps PRO 18-20 - 8 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS e) documented fire drills not less than quarterly; Emergency Operating: I > E > 2> e We reviewed fire drills for each facility from X July 2018 through March 2020. All inspections were completed and verified during this desk audit inspection. f) a written plan for the emergency housing of youth in Emergency Operating: III > F >1 X the case of fire; and, g) development of a fire suppression pre-plan in Emergency Operating: I > E>1 X cooperation with the local fire department. 1326 SECURITY REVIEW Security Reviews for the JDACs and TFs Each facility administrator shall develop policies and CVJDAC annual security review was procedures to annually review, evaluate, and document completed on June 11, 2020, by Toya Smith security of the facility. The review and evaluation shall X Safety Probation Corrections Supervisor I. include internal and external security, including, but not limited to, key control, equipment, and staff training. GWJDAC annual security review was completed on March 3, 2020, by PCO Lindsey Spence. 1327 EMERGENCY PROCEDURES Emergency Situations: Juvenile Detentions and Assessment Centers and The facility administrator shall develop facility-specific X Treatment Centers policies and procedures for emergencies that shall include, but not be limited to: (a) escape, disturbances, and the taking of hostages; Emergency Situations: Juvenile Detentions X and Assessment Centers and Treatment Centers (b) civil disturbance, active shooter and terrorist attack; Emergency Situations: Juvenile Detentions X and Assessment Centers and Treatment Centers (c) fire and natural disasters; Emergency Situations: Juvenile Detentions X and Assessment Centers and Treatment Centers (d) periodic testing of emergency equipment; Emergency Situations: Juvenile Detentions X and Assessment Centers and Treatment Centers (e) emergency evacuation of the facility; and Emergency Situations: Juvenile Detentions X and Assessment Centers and Treatment Centers (f) a program to provide all youth supervision staff Emergency Situations: Juvenile Detentions with an annual review of emergency procedures. and Assessment Centers and Treatment Centers X Training records reviewed revealed all staff have completed an annual review of emergency procedures. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 9 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1328 SAFETY CHECKS Room Checks in Juvenile Detention and Assessment Centers and Treatment The facility administrator shall develop and implement Centers policy and procedures that provide for direct visual observation of youth at a minimum of every 15 minutes, Reviewed the CVJDAC and GWJDAC at random or varied intervals during hours when youth safety checks for the months of March 2019 are asleep or when youth are in their rooms, confined in and January 2020. Review of safety check X holding cells or confined to their bed in a dormitory. documents and policy and procedure manual Supervision is not replaced, but may be supplemented reveals compliance with this regulation. by, an audio/visual electronic surveillance system Review of safety checks also revealed they designed to detect overt, aggressive or assaultive are being completed at random or varied behavior and to summon aid in emergencies. All safety intervals throughout each shift. checks shall be documented with the actual time the check is completed. 1329 SUICIDE PREVENTION PLAN Suicide Prevention Program The facility administrator, in collaboration with the Suicide Prevention Policy healthcare and behavioral/mental health administrators, shall plan and implement written policies and Reviewed five (5) youth suicide packet procedures which delineate a Suicide Prevention Plan. X documentation from each facility. Review of The plan shall consider the needs of youth experiencing those packets and policy and procedure past or current trauma. Suicide prevention responses manual revealed compliance with this shall be respectful and in the least invasive manner regulation. consistent with the level of suicide risk. The plan shall include the following elements: (a) Suicide prevention training as required in Suicide Prevention Program: Guidelines >L Section 1322, Youth Supervision Staff X Orientation, and Training and the Juvenile Corrections Officer Core Course. (b) Screening, Identification Assessment and Suicide Prevention Program: Purpose> Precautionary Protocols X (1) All youth shall be screened for risk of suicide at intake and as needed during detention. (2) All youth supervision staff who perform Guidelines >L >1 X intake processes shall be trained in screening youth for risk of suicide. (3) All youth who have been identified during Suicide Prevention Program: III > D > 2 the intake screening process to be at risk of X suicide shall be referred to behavioral/mental health staff for a suicide risk assessment. (4) Precautionary protocols shall be developed I >Safety Plan X to ensure the youth’s safety pending the behavioral/mental health assessment. (c) Referral process to behavioral/mental health X I >Safety Plan staff for assessment and/or services. (d) Procedures for monitoring of youth identified X I > Safety Plan at risk for suicide. (e) Safety Interventions 7483+7485 San Bernardino JH+Camps PRO 18-20 - 10 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (1) Procedures to address intervention I >Safety Plan protocols for youth identified at risk for X suicide which may include, but are not limited to: A. Housing consideration X I >Safety Plan B. Treatment strategies including I >Safety Plan X trauma-informed approaches (2) Procedures to instruct youth supervision I >Safety Plan staff how to respond to youth who exhibit X suicidal behaviors. (f) Communication Suicide Prevention Program: III >A (1) The intake process shall include communication with the arresting officer X and family guardians regarding the youth’s past or present suicidal ideations, behaviors or attempts. (2) Procedures for clear and current I >Safety Plan information sharing about youth at risk for X suicide with youth supervision, healthcare, and behavioral/mental health staff. (g) Debriefing of Critical Incidents Related to Suicide Prevention Program VI >M Suicides or Attempts X (1) Process for administrative review of the circumstances and responses proceeding, during and after the critical incident. (2) Process for a debriefing event with affected Suicide Prevention Program V >K X staff. (3) Process for a debriefing event with affected Suicide Prevention Program V >L X youth. (h) Documentation Suicide Prevention Program V >H (1) Documentation processes shall be X developed to ensure compliance with this regulation Youth identified at risk for suicide shall not be denied Suicide Prevention Program: Guidelines >J the opportunity to participate in facility programs, services and activities which are available to other non- suicidal youth, unless deemed necessary for the safety X of the youth or security of the facility. Any deprivation of programs, services or activities for youth at risk of suicide shall be documented and approved by the facility manager. 1340 REPORTING OF LEGAL ACTIONS Report of Legal Action Against Juvenile Detention and Assessment Center and Each facility shall submit to the Board a letter of Employees notification on each legal action, pertaining to conditions X of confinement, filed against persons or legal entities No legal action reported this inspection responsible for juvenile facility operation. cycle. Death of a Youth While Detained in a X Juvenile Detention and Assessment Center 7483+7485 San Bernardino JH+Camps PRO 18-20 - 11 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1341 DEATH AND SERIOUS ILLNESS OR Juvenile Detention and Assessment Center INJURY OF A YOUTH WHILE JDAC/Treatment Facility Inspections DETAINED Report and Security Review (1) Death of a Youth. (a) The facility administrator, in cooperation with the health administrator and the behavioral/mental X health director, shall develop written policies and procedures in the event of the death of a youth while detained, which include notifications to necessary parties, which may include the Juvenile Court, the parent, guardian or person standing in loco parentis and the youth’s attorney of record. (b) The health administrator, in cooperation with the Death of a Youth: Guidelines > F. facility administrator, shall develop written policies and procedures to assure there is a medical and operational review of every in-custody death of a X youth. The review team shall include the facility administrator and/or facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident. (c) The administrator of the facility shall provide to the Death of a Youth: Guidelines > E Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A X copy of the report shall be submitted to the Board within 10 calendar days after the death. (d) Upon receipt of a report of the death of a youth from Death of a Youth: Guidelines > F the administrator, the Board may within 30 calendar days inspect and evaluate the juvenile facility, jail, lockup or court holding facility pursuant to the X provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations. (2) Serious Illness or Injury of Youth Required JDAC Notifications of a Youth’s (a) The facility administrator, in cooperation with the Emergency Transportation/Hospital health administrator, shall develop written policies Admittance (Non-Death) and procedures for the notification to necessary X parties, which may include the Juvenile Court, the parent, guardian or person standing in loco parentis and the youth’s attorney of record in the case of a serious illness or injury of a youth. 1342 POPULATION ACCOUNTING Population Accounting Each juvenile facility shall submit required population X and profile survey reports to the Board within 10 working days after the end of each reporting period, in a format to be provided by the Board. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 12 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1343 JUVENILE FACILITY CAPACITY Juvenile Facility Capacity When the number of youth detained in a living unit of a juvenile facility exceeds its rated capacity for more than X fifteen (15) calendar days in a month, the facility administrator shall provide a crowding report to the Board in a format provided by the Board. 1350 ADMITTANCE PROCEDURES Intake/MAYSI Screening, Assessment and The facility administrator shall develop and implement Admittance written policies and procedures for admittance of youth that emphasize respectful and humane engagement with Review of ten (10) youth admittance youth, and reflect that the admission process may be documentation from each facility and review X traumatic to youth who may have already experienced of policy and procedure manuals revealed trauma. Policies shall be trauma-informed, culturally compliance with this regulation. relevant, and responsive to the language and literacy needs of youth. In addition to the requirements of Sections 1324 and 1430 of these regulations: (a) the admittance process shall include: Intake: III > H > 1 (1) Access to two free phone calls within one hour X of admittance in accordance with the provisions of Welfare and Institution Code Section 627; (2) Offer of a shower; Intake III > J > 2 X Offering of youth shower is documented in the case management system. (3) Documented secure storage of personal Intake III >J > 2 > E X belongings; (4) Offer of food upon arrival; Intake: III > J >1 X Offering of food is documented in the case management system. (5) Screening for physical and behavioral health Intake: III >Booking X and safety issues, intellectual or developmental disabilities; (6) Screening for physical and developmental Intake: III >Booking X disabilities in accordance with Sections 1329, 1413, and 1430 of these regulations; (7) Contact with Regional Center for the Intake: XI > E Developmentally Disabled for youth that are X suspected of or identified as having a developmental disability, pursuant to Section 1413; and, (8) Procedures consistent with Section 1352.5. X Intake: III >G>5 (b) juvenile hall administrators shall establish written Housing Assessments and Classifications: criteria for detention that considers the least X I >C >1 restrictive environment. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 13 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (c) juvenile camps and post-dispositional programs in N/A juvenile halls shall develop policies and procedures that advise the youth of the estimated length of X stay, inform them of program guidelines and provide written screening criteria for inclusion and exclusion from the program. (d) juvenile halls shall develop policies and procedures Intake: V >D >3 > a that advise any committed youth of the estimated X length of his/her stay. 1350.5. SCREENING FOR THE RISK OF SEXUAL Housing Assessments and Classifications ABUSE I >A >1 The facility administrator shall develop and implement written policies and procedures to reduce the risk of X Review of five (5) Youth Sexual sexual abuse by or upon youth. The policy shall require Victimization Assessment forms from each facility staff to assess each youth within 72 hours of facility and policy and procedure manual admission based on the following information: revealed compliance with this regulation. (a) Prior sexual victimization or abusiveness; X Housing Assessments: Attachment C (b) Gender nonconforming appearance or manner; Housing Assessments: Attachment C or identification as lesbian, gay or bisexual, transgender, queer or intersex, and whether the X youth may, therefore, be vulnerable to sexual abuse; (c) Current charges and offense history; X Housing Assessments: Attachment C (d) Age; X Housing Assessments: Attachment C (e) Level of emotional and cognitive development; X Housing Assessments: Attachment C (f) Physical size and stature; X Housing Assessments: Attachment C (g) Mental illness or mental disabilities; X Housing Assessments: Attachment C (h) Intellectual or developmental disabilities; X Housing Assessments: Attachment C (i) Physical disabilities; X Housing Assessments: Attachment C (j) The youth’s perception of vulnerability; and, X Housing Assessments: Attachment C (k) Any other specific information about the Housing Assessments: Attachment C individual youth that may indicate heightened X needs for supervision, additional safety precautions, or separation from certain other youth. Staff shall ascertain this information through Housing Assessments: I >5 conversations with the youth during the admittance process, medical and behavioral health screenings; X during classification assessments; and by reviewing court records, case files, facility behavioral records, and other relevant documentation from the youth’s files. The facility administrator shall implement appropriate Housing Assessments and Classifications controls on the dissemination of information within the facility relative to responses received pursuant to this X assessment in order to ensure that sensitive information is not exploited to the youth’s detriment by staff or other youth. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 14 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1351 RELEASE PROCEDURES Release of Youth The facility administrator shall develop and implement Review of documentation provided from X written policies and procedures for release of youth each facility and policy and procedure from custody which provide for: manual revealed compliance with this regulation. (a) verification of identity/release papers; X Release of Youth: III > A (b) return of personal clothing and valuables; X Release of Youth: I > D > 6 (c) notification to the youth's parents or guardian; X Release of Youth: III >B (d) notification to the facility health care provider in Release of Youth: V > A and B accordance with Sections 1408 and 1437 of these X regulations, for coordination with outside agencies; and, (e) notification of school staff; X Release of Youth: I > C (f) notification of facility mental health personnel. X Release of Youth: I > C The facility administrator shall develop and implement Release of Youth: VI >A policies and procedures for post-disposition youth to coordinate the provision of transitional and reentry X services including, but not limited to, medical and behavioral health, education, probation supervision and community-based services. The facility administrator shall develop and implement Furloughs written policies and procedures for the furlough of X youth from custody. 1352 CLASSIFICATION Housing Assessments and Classifications The facility administrator shall develop and implement Review of documentation provided from written policies and procedures on classification of X each facility and policy and procedure youth for the purpose of determining housing placement manual revealed compliance with this in the facility. regulation. Such procedures shall: (a) provide for the safety of the youth, other youth, Housing Assessments and Classifications: facility staff, and the public by placing youth in the Definition: Classification and Assessment appropriate, least restrictive housing and program X settings. Housing assignments shall consider the need for single, double or dormitory assignment or location within the dormitory; (b) consider facility populations and physical design of Housing Assessments and Classifications: X the facility; VI >C (c) provide that a youth shall be classified upon Housing Assessment and Classifications: admittance to the facility; classification factors I > B >1 shall include, but not be limited to: age, maturity, sophistication, emotional stability, program needs, X legal status, public safety considerations, medical/mental health considerations, gender and gender identity of the youth; 7483+7485 San Bernardino JH+Camps PRO 18-20 - 15 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (d) provide for periodic classification reviews, Housing Assessment and Classifications: including provisions that consider the level of II >A X supervision and the youth's behavior while in custody; and, (e) provide that facility staff shall not separate youth Housing Assessment and Classifications: from the general population or assign youth to a Guideline > J single occupancy room based solely on the youth's actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, gender, sexual orientation, gender identity, X gender expression, mental or physical disability, or HIV status. This section does not prohibit staff from placing youth in a single occupancy room at the youth's specific request or in accordance with Title 15 regulations regarding separation. (f) facility staff shall not consider lesbian, gay, Housing Assessment and Classifications: bisexual, transgender, questioning or intersex Guidelines >I X identification or status as an indicator of likelihood of being sexually abusive. 1352.5 TRANSGENDER AND INTERSEX YOUTH. Lesbian, Gay, Bisexual, Transgender, Questioning, Intersex and Gender Non- The facility administrator shall develop written policies Conforming Youth in Juvenile Detention and procedures ensuring respectful and equitable and Assessment Centers treatment of transgender and intersex youth. The policies shall provide that: Review of five (5) Sexual Orientation X Gender Identification Expression (SOGIE) forms from each facility and policy and procedure manual revealed compliance with this regulation. At the time of the desk audit the CVJDAC had one male youth who identify as a female and is currently housed in the female unit. (a) Facility staff shall respect every youth’s gender Lesbian, Gay, Bisexual, Transgender, identity, and shall refer to the youth by the youth’s Questioning, Intersex and Gender Non- preferred name and gender pronoun, regardless of Conforming Youth in Juvenile Detention and the youth’s legal name. Facilities may prohibit the X Assessment Centers: I >A use of gang or slang names or names that otherwise compromise facility operations as determined by the facility manager or designee, and shall document any decision made on this basis. (b) Facility staff shall permit youth to dress and present Lesbian, Gay, Bisexual, Transgender, themselves in a manner consistent with their gender Questioning, Intersex and Gender Non- X identity, and shall provide youth with the Conforming Youth in Juvenile Detention and institution’s clothing and undergarments consistent Assessment Centers: VII >A with their gender identity. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 16 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (c) Facility staff shall house youth in the unit or room Lesbian, Gay, Bisexual, Transgender, that best meets their individual needs, and promotes Questioning, Intersex and Gender Non- their safety and well-being. Staff may not Conforming Youth in Juvenile Detention and automatically house youth according to their Assessment Centers: V >A external anatomy, and shall document the reasons X for any decision to house youth in a unit that does not match their gender identity. In making a housing decision, staff shall consider the youth’s preferences, as well as any recommendations from the youth’s health or behavioral health provider. (d) Facility administrators shall ensure that transgender Lesbian, Gay, Bisexual, Transgender, and intersex youth have access to medical and Questioning, Intersex and Gender Non- X behavioral health providers qualified to provide Conforming Youth in Juvenile Detention and care and treatment to transgender and intersex Assessment Centers: IX >C and XI >A youth. (e) Consistent with the facility’s reasonable and Lesbian, Gay, Bisexual, Transgender, necessary security considerations and physical Questioning, Intersex and Gender Non- plant, facility staff shall make every effort to ensure X Conforming Youth in Juvenile Detention and the safety and privacy of transgender and intersex Assessment Centers: VIII >A youth when the youth are using the bathroom or shower, or dressing or undressing. Facility staff shall not conduct physical searches of any Lesbian, Gay, Bisexual, Transgender, youth for the purpose of determining the youth’s Questioning, Intersex and Gender Non- X anatomical sex. Whenever feasible, the facility shall Conforming Youth in Juvenile Detention and respect the youth’s preference regarding the gender of Assessment Centers: I >D the staff member who conducts any search of the youth. 1353 ORIENTATION Youth Parent Orientation Handbook The facility administrator shall develop and implement Review of five (5) youth orientation packets written policies and procedures to orient a youth prior from each facility and review of policy and to placement in a living area. Both written and verbal procedure manuals revealed compliance with information shall be provided and supplemented with X this regulation. video orientation if feasible. Provision shall be made to provide accessible orientation information to all detained youth including those with disabilities, limited literacy, or English language learners. Orientation shall include information that addresses: (a) facility rules including contraband and searches and Youth Parent Orientation Handbook: X disciplinary procedures; Guidelines > A >5 (b) facility’s system of positive behavior interventions Youth Parent Orientation Handbook: and supports, including behavior expectations, Guidelines > A >6 incentives that youth will receive for complying X with facility rules, and consequences that may result when youth violate the rules of the facility; (c) age appropriate information that explains the Youth Parent Orientation Handbook: facility’s policy prohibiting sexual abuse and sexual Guidelines > A >11 X harassment and how to report incidents or suspicions of sexual abuse or sexual harassment; 7483+7485 San Bernardino JH+Camps PRO 18-20 - 17 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (d) identification of key staff and their roles; Youth Parent Orientation Handbook: X Guidelines > A >12 (e) the existence of the grievance procedure, the steps Youth Parent Orientation Handbook: that must be taken to use it, the youth’s right to be Guidelines > A >13 free of retaliation for reporting a grievance, and the X name of the person or position designated to resolve the issue; (f) access to legal services and information on the court Youth Parent Orientation Handbook: X process; Guidelines > A >14 (g) access to routine and emergency health and mental Youth Parent Orientation Handbook: X health care; Guidelines > A >9 (h) access to education, religious services, and Youth Parent Orientation Handbook: X recreational activities; Guidelines > A >1 (i) housing assignments; Youth Parent Orientation Handbook: X Guidelines > A >15 (j) opportunity for personal hygiene and daily showers Youth Parent Orientation Handbook: X including the availability of personal care items Guidelines > A >16 (k) rules and access to correspondence, visits and Youth Parent Orientation Handbook: X telephone use; Guidelines > A >17 (l) availability of reading materials, programming, and Youth Parent Orientation Handbook: X other activities; Guidelines > A >3 (m) facility policies on the use of force, use of restraints, Youth Parent Orientation Handbook: X chemical agents and room confinement; Guidelines > A >7 (n) immigration legal services; Youth Parent Orientation Handbook: X Guidelines > A >18 (o) emergencies including evacuation procedures; Youth Parent Orientation Handbook: X Guidelines > A >8 (p) non-discrimination policy and the right to be free Youth Parent Orientation Handbook: from physical, verbal or sexual abuse and X Guidelines > A >20 harassment by other youth and staff; (q) availability of services and programs in a language Youth Parent Orientation Handbook: X other than English if appropriate; Guidelines > A >19 (r) the process for requesting different housing, Youth Parent Orientation Handbook: X education, programming and work assignments; Guidelines > A >15 (s) a process for which parents/guardians receive Youth Parent Orientation Handbook: information regarding the youth’s stay in the Guidelines > A >21 facility that at a minimum includes answers to X frequently asked questions and provides contact information for the facility, medical, school and mental health; and, (t) a process by which youth may request access to Youth Parent Orientation Handbook: Title 15 Minimum Standards for Juvenile Facilities. Guidelines > A >22 X At CVJDAC copies of Title 15 are kept in the library and available for youth to check out. At Gateway 2 copies are available on the unit bookshelf for youth to access. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 18 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1354 SEPARATION Administrative Separation The facility administrator shall develop and implement X written policies and procedures that address: (a) separation of youth for reasons that include, but are Administrative Separation: Purpose not be limited to, medical and mental health X conditions, assaultive behavior, disciplinary consequences and protective custody. (b) consideration of positive youth development and Administrative Separation: Requirements >B X trauma-informed care. (c) separated youth shall not be denied normal Administrative Separation: Requirements >A privileges available at the facility, except when X necessary to accomplish the objective of separation. (d) when the objective of the separation is discipline, Administrative Separation: Purpose X Title 15 Section 1390 shall apply. (e) when separation results in room confinement, the Administrative Separation: Guidelines: E. separation shall occur in accordance with Welfare X and Institutions Code Section 208.3 and Section1354.5 of these regulations. (f) policies and procedures shall ensure a daily review Administrative Separation: VII >B of separated youth to determine if separation X remains necessary. 1354.5 ROOM CONFINEMENT Room Confinement (a) The facility administrator shall develop and Review of ten (10) youth room confinement implement written policies and procedures contracts (under four hours) documentation addressing the confinement of youth in their room from CVJDAC and two (2) from GWJDAC that are consistent with Welfare and Institutions and review of policy and procedure manuals Code Section 208.3. The placement of a youth in revealed compliance with this regulation. room confinement shall be accomplished in Review of six (6) youth room confinement accordance with the following guidelines: contracts (over four hours) documentation X from CVJDAC also revealed compliance with this regulation. In all six incidents of room confinement over 4 hours the youth was on voluntary room confinement. Each facility is doing an excellent job documenting room confinement and efforts to remove the youth off room confinement and return them back to normal programming. (1) Room confinement shall not be used before Room Confinement: Guidelines > C. other, less restrictive, options have been attempted and exhausted, unless attempting X those options poses a threat to the safety or security of any youth or staff. (2) Room confinement shall not be used for the Room Confinement: Guidelines > H. X purposes of punishment, coercion, convenience, or retaliation by staff. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 19 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (3) Room confinement shall not be used to the Room Confinement: Guidelines > F extent that it compromises the mental and X physical health of the youth. (b) A youth may be held up to four hours in room Room Confinement: II >F confinement. After the youth has been held in room X confinement for a period of four hours, staff shall do one or more of the following: (1) Return the youth to general population. X Room Confinement: II >H (2) Consult with mental health or medical staff. X Room Confinement: II > H (3) Develop an individualized plan that includes Room Confinement: II >B >1 the goals and objectives to be met in order to X reintegrate the youth to general population. (4) If room confinement must be extended beyond Room Confinement: III > B X four hours, staff shall do each of the following: (A) Document the reasons for room Room Confinement: I >A >2 and I >F confinement and the basis for the extension, the date and time the youth was X first placed in room confinement, and when he or she is eventually released from room confinement. (B) Develop an individualized plan that Room Confinement: I >B > 1 includes the goals and objectives to be met X in order to integrate the youth to general population. (C) Obtain documented authorization by the Room Confinement: VI >A facility superintendent or his or her X designee every four hours thereafter. (5) This section is not intended to limit the use of Room Confinement: Definitions and single-person rooms or cells for the housing of Guidelines >A X youth in juvenile facilities and does not apply to normal sleeping hours. (6) This section does not apply to youth or wards Room Confinement: Guidelines >M X in court holding facilities or adult facilities. (7) Nothing in this section shall be construed to Room Confinement: Guidelines > N conflict with any law providing greater or X additional protections to youth. (8) This section does not apply during an Room Confinement: Guidelines >O extraordinary emergency circumstance that requires a significant departure from normal institutional operations, including a natural disaster or facility-wide threat that poses an X imminent and substantial risk of harm to multiple staff or youth. This exception shall apply for the shortest amount of time needed to address this imminent and substantial risk of harm. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 20 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (9) This section does not apply when a youth is Room Confinement; Guidelines >P placed in a locked cell or sleeping room to treat and protect against the spread of a communicable disease for the shortest amount of time required to reduce the risk of infection, with the written approval of a licensed physician or nurse practitioner, when the youth X is not required to be in an infirmary for an illness. Additionally, this section does not apply when a youth is placed in a locked cell or sleeping room for required extended care after medical treatment with the written approval of a licensed physician or nurse practitioner, when the youth is not required to be in an infirmary for illness. 1355 INSTITUTIONAL ASSESSMENT AND Counseling and Casework Services in PLAN Juvenile Detention and Assessment Centers (JDACs and Treatment Facilities The facility administrator shall develop and implement X written policies and procedures for assessment and case Reviewed ten (10) youth files from planning. CVJDAC and GWJDAC. Review of documentation provided revealed compliance with this regulation. (a) Assessment: Counseling and Casework Services in The assessment is based on information collected Juvenile Detention and Assessment Centers during the admission process with periodic review, (JDACs and Treatment Facilities which includes the youth's risk factors, needs and X strengths including, but not limited to, identification of substance abuse history, educational, vocational, counseling, behavioral health, consideration of known history of trauma, and family strengths and needs. (b) Institutional Case Plan: Counseling and Casework: I >B>1> a (1) A case plan shall be developed for each youth X held for at least 30 days or more and created within 40 days of admission. (2) The institutional plan shall include, but not be Counseling and Casework Services in limited to, written documentation that provides: X Juvenile Detention and Assessment Centers (JDACs and Treatment Facilities (A) objectives and time frame for the resolution Counseling and Casework: I > B >c>i X of problems identified in the assessment; (B) a plan for meeting the objectives that Counseling and Casework: I > B >c >ii includes a description of program resources X needed and individuals responsible for assuring that the plan is implemented; (3) periodic evaluation of progress towards meeting Counseling and Casework: I >B >c >iii X the objectives, including periodic review and discussion of the plan with the youth; 7483+7485 San Bernardino JH+Camps PRO 18-20 - 21 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (4) a transition plan, the contents of which shall be Counseling and Casework: I > B>c >iv subject to existing resources, shall be developed X for post dispositional youth in accordance with Section 1351; and, (5) in as much as possible and if appropriate, the Counseling and Casework: I >B >c > v plan, including the transition plan, shall be X developed with input from the family, supportive adults, youth, and Regional Center for the Developmentally Disabled. 1356 COUNSELING AND CASEWORK Counseling and Casework Services in SERVICES Juvenile Detention and Assessment Centers and Treatment Facilities The facility administrator shall develop and implement X written policies and procedures ensuring the availability of appropriate counseling and casework services for all youth. Policies and procedures shall ensure: (a) youth will receive assistance with needs or concerns X Counseling and Casework Services: I >A that may arise; (b) youth will receive assistance in requesting contact Counseling and Casework: I >A >4 >b with parents, other supportive adults, attorney, X clergy, probation officer, or other public official; and, (c) youth will be provided access to available resources X Counseling and Casework Services: Purpose to meet the youth’s needs. 1357 USE OF FORCE Use of Force and Reporting Requirements For Juvenile Detention and assessment The facility administrator, in cooperation with the Centers and Treatment Centers responsible physician, shall develop and implement written policies and procedures for the use of force, Review of policy and procedure and review X which may include chemical agents. Force shall never of ten (10) use of force reports from each be applied as punishment, discipline, retaliation or facility revealed compliance with this treatment. regulation. (a) At a minimum, each facility shall develop policies and procedures which: (1) restricts the use of force to that which is deemed Use of Force and Reporting Requirements: reasonable and necessary, as defined in Section X Purpose and Factors to Determine 1302 to ensure the safety and security of youth, Reasonableness of Force staff, others and the facility. (2) outline the force options available to staff Use of Force and Reporting Requirements: including both physical and non-physical X Guidelines >F options and define when those force options are appropriate. (3) describe force options or techniques that are Use of Force and Reporting Requirements: X expressly prohibited by the facility. Guidelines >F >12 (4) describe the requirements of staff to report any Use of Force and Reporting Requirements: X inappropriate use of force, and to take Guidelines >A affirmative action to immediately stop it. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 22 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (5) define a standardized reporting format that Use of Force and Reporting Requirements: includes time period and procedure for I >G and Guidelines >L 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 X 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. (6) Include an administrative review and a system Use of Force and Reporting Requirements: for investigating unreasonable use of force. X III >G (7) define the role, notification, and follow-up Use of Force and Reporting Requirements: procedures required after use of force incidents X III >F, IV, V for medical, mental health staff and parents or legal guardians. (8) describe the limitations of use of force on Use of Force and Reporting Requirements pregnant youth in accordance with Penal Code For Juvenile Detention and assessment X Section 6030(f) and Welfare and Institutions Centers and Treatment Centers: Code Section 222. Guidelines >I. (b) Facilities that authorize chemical agents as a force X O.C. Spray (Oleoresin Capsicum) option shall include policies and procedures that: (1) identify who is approved to carry and/or utilize O. C. Spray: Department Issued O.C. Spray chemical agents in the facility and the type, size X and the approved method of deployment for those chemical agents. (2) mandate that chemical agents only be used when O. C. Spray: I >A there is an imminent threat to the youth’s safety X or the safety of others and only when de- escalation efforts have been unsuccessful or are not reasonably possible. (3) outline the facility’s approved methods and O.C. Spray: I >B timelines for decontamination from chemical agents. This shall include that youth who have X been exposed to chemical agents shall not be left unattended until that youth is fully decontaminated or is no longer suffering the effects of the chemical agent. (4) define the role, notification, and follow-up O. C. Spray: Guidelines > A procedures required after use of force incidents involving chemical agents for medical, mental health staff and parents or legal guardians. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 23 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (5) provide for the documentation of each incident O. C. Spray: I > I of use of chemical agents, including the reasons for which it was used, efforts to de-escalate X prior to use, youth and staff involved, the date, time and location of use, decontamination procedures applied and identification of any injuries sustained as a result of such use. (c) Facilities shall develop policies and procedure O. C. Spray: Guidelines >C which require that agencies provide initial and X regular training in use of force and chemical agents when appropriate that address: (1) known medical and behavioral health O.C. Spray: I >I X conditions that would contraindicate certain types of force; (2) acceptable chemical agents and the methods of X O.C. Spray: Department Issued O.C. Spray application. (3) signs or symptoms that should result in O.C. Spray: I >I X immediate referral to medical or behavioral health. (4) instruction on the Constitutional Limitations of X Use of Force. (5) physical training force options that may require Use of Force and Reporting Requirements: X the use of perishable skills. Guidelines >F .5 (6) timelines the facility uses to define regular X O.C. Spray: Guidelines >C training. 1358 USE OF PHYSICAL RESTRAINTS Use of Physical Restraints in the Juvenile Detention and Assessment Centers and The facility administrator, in cooperation with the Treatment Facilities responsible physician and mental health director, shall develop and implement written policies and procedures X Review of documentation provided from each facility and policy and procedure for the use of restraint devices. Restraint devices manuals revealed compliance with this include any devices which immobilize a youth's regulation. extremities and/or prevent the youth from being ambulatory. Physical restraints may be used only for those youth Purpose who present an immediate danger to themselves or others, who exhibit behavior which results in the destruction of property, or reveals the intent to cause X self-inflicted physical harm. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the youth’s behavior. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 24 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS In no case shall restraints be used as punishment or Use of Physical Restraints: Guidelines > H discipline, or as a substitute for treatment. The use of and J restraint devices that attach a youth to a wall, floor or other fixture, including a restraint chair, or through X affixing of hands and feet together behind the back (hogtying) is prohibited. The use of restraints on pregnant youth is limited in accordance with Penal Code Section 6030(f) and Welfare and Institutions Code Section 222. The provisions of this section do not apply to the use of Use of Physical Restraints: handcuffs, shackles or other restraint devices when used to restrain youth for movement or transportation within X the facility. Movement within the facility shall be governed by Section 1358.5, Use of Restraint Devices for Movement Within the Facility. Youth shall be placed in restraints only with the approval Use of Physical Restraints: III >D of the facility manager or designee. The facility manager may delegate authority to place a youth in restraints to a X physician. Reasons for continued retention in restraints shall be reviewed and documented at a minimum of every hour. A medical opinion on the safety of placement and Use of Physical Restraints: IV >C and D retention shall be secured as soon as possible, but no later X than two hours from the time of placement. The youth shall be medically cleared for continued retention at least every three hours thereafter. A mental health consultation shall be secured as soon as Use of Physical Restraints: V >A possible, but in no case longer than four hours from the X time of placement, to assess the need for mental health treatment. Continuous direct visual supervision shall be conducted Use of Physical Restraints: I >D and H to ensure that the restraints are properly employed, and to ensure the safety and well-being of the youth. X Observations of the youth's behavior and any staff interventions shall be documented at least every 15 minutes, with actual time of the documentation recorded. In addition to the requirements above, policies and X Use of Physical Restraints: procedures shall address: (a) documentation of the circumstances leading to an X Use of Physical Restraints: I >K application of restraints. (b) known medical conditions that would Use of Physical Restraints: I >B >2 X contraindicate certain restraint devices and/or techniques. (c) acceptable restraint devices. X Use of Physical Restraints: Definitions (d) signs or symptoms which should result in X Use of Physical Restraints: I >B >4 immediate medical/mental health referral. (e) availability of cardiopulmonary resuscitation X Use of Physical Restraints: I >B >3 equipment. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 25 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (f) protective housing of restrained youth. While in Use of Physical Restraints: I >C restraint devices, all youth shall be housed alone or X in a specified housing area for restrained youth which makes provision to protect the youth from abuse. (g) provision for hydration and sanitation needs. X Use of Physical Restraints: I >H >6 (h) exercising of extremities. X Use of Physical Restraints: I >H >7 1358.5 USE OF RESTRAINT DEVICES FOR Use of Physical Restraints in the Juvenile MOVEMENT AND TRANSPORTATION WITHIN Detention and Assessment Centers and THE FACILITY. Treatment Facilities The Facility Administrator, in cooperation with the Review of policy and procedure and review X responsible physician and behavioral/mental health of ten (10) use of restraint reports from each director, shall develop and implement written policies facility revealed compliance with this and procedures for the use of restraint devices when the regulation. purpose is for movement or transportation within the facility that shall include the following: (a) identification of acceptable restraint devices, staff Use of Physical Restraints: Guidelines >I X approved to utilize restraint devices and the required training. (b) the circumstances leading to the application of X Use of Physical Restraints: I > H >1 restraints must be documented. (c) an individual assessment of the need to apply Use of Physical Restraints: Guidelines >A restraints for movement or transportation that and B includes consideration of less restrictive X alternatives, consideration of a youth’s known medical or mental health conditions, trauma informed approaches, and a process for documentation and supervisor review and approval. (d) consideration of safety and security of the facility, Use of Physical Restraints: Guidelines >C with a clearly defined expectation that restraint X devices shall not be used for the purposes of discipline or retaliation. (e) the use of restraints on pregnant youth is limited in Use of Physical Restraints: Guidelines >J X accordance with Penal Code Section6030(f) and Welfare and Institutions Code Section 222. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 26 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1359 SAFETY ROOM PROCEDURES Neither facility utilize a Safety room. (a) The facility administrator, and where applicable, in cooperation with the responsible physician, shall develop and implement written policies and procedures governing the use of safety rooms, as described in Title 24, Part 2, Section 1230.1.13. The room shall be used to hold only those youth who X present an immediate danger to themselves or others, who exhibit behavior which results in the destruction of property, or reveals the intent to cause self-inflicted physical harm. A safety room shall not be used for punishment or discipline, or as a substitute for treatment. Policies and procedures shall: (1) include provisions for administration of N/A X necessary nutrition and fluids, access to a toilet, and suitable clothing to provide for privacy; (2) provide for approval of the facility manager, or N/A X designee, before a youth is placed into a safety room; (3) provide for continuous direct visual supervision N/A and documentation of the youth's behavior and X any staff interventions every 15 minutes, with actual time recorded; (4) provide that the youth shall be evaluated by the X N/A facility manager, or designee, every four hours; (5) provide for immediate medical assessment, N/A X where appropriate, or an assessment at the next daily sick call; and, (6) provide a process for documenting the reason for N/A placement, including attempts to use less X restrictive means of control, and decisions to continue and end placement. (b) The placement of a youth in the safety room shall be X N/A accomplished in accordance with the following: (1) safety room shall not be used before other less N/A restrictive options have been attempted and X exhausted, unless attempting those options poses a threat to the safety or security of any youth or staff. (2) safety room shall not be used for the purposes of N/A X punishment, coercion, convenience, or retaliation by staff. (3) safety room shall not be used to the extent that it NA X compromises the mental and physical health of the youth. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 27 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (c) A youth may be held up to four hours in the safety N/A room. After the youth has been held in the safety X room for a period of four hours, staff shall do one or more of the following: (1) return the youth to general population. X N/A (2) consult with mental health or medical staff, X N/A (3) develop an individualized plan that includes the N/A X goals and objectives to be met in order to reintegrate the youth to general population. (d) If confinement in the safety room must be extended N/A beyond four hours, staff shall develop an individualized plan that includes the requirements X of Section 1354.5 and the goals and objectives to be met in order to integrate the youth to general population. 1360 SEARCHES Searches in Booking, Detention and Treatment Facilities The facility administrator shall develop and implement written policies and procedures governing the search of X Review of documentation provided from youth, the facility, and visitors. Policies and procedures each facility and policy and procedure shall provide that: manuals revealed compliance with this regulation. (a) Searches shall be conducted to ensure the safety and Searches in Booking, Detention and X security of the facility, public, visitors, youth, and Treatment Facilities: Purpose staff. (b) Searches shall be conducted in a manner that Searches in Booking, Detention and preserves the privacy and dignity of the person Treatment Facilities: Guidelines >A X being searched, and shall not be conducted for harassment or as a form of discipline or punishment. (c) Strip searches and visual or physical body cavity Searches in Booking, Detention and X searches shall comply with Penal Code Section Treatment Facilities: Guidelines >E 4030. (d) Physical body cavity searches shall only be Searches in Booking, Detention and X conducted by a medical professional. Treatment Facilities: III >A >1 (e) Any youth held after a detention hearing shall only Searches in Booking, Detention and be strip searched with prior approval of a supervisor Treatment Facilities: II >B when there is reasonable suspicion based on X specific and articulable facts to believe that youth is concealing contraband. The reasonable suspicion shall be documented. (f) Searches of transgender and intersex youth shall Searches in Booking, Detention and X comply with Section 1352.5. Treatment Facilities: Guidelines >D 7483+7485 San Bernardino JH+Camps PRO 18-20 - 28 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (g) Cross-gender pat-down searches and strip searches Searches in Booking, Detention and are prohibited except in exigent circumstances or Treatment Facilities: Guidelines > C X when conducted by a medical professional. Such searches must be justified and documented in writing. 1361 GRIEVANCE PROCEDURE Grievance and Appeals The facility administrator shall develop and implement Reviewed the CVJDAC and GWJDAC written policies and procedures whereby any youth may grievances for the months of March 2019 appeal and have resolved grievances relating to any and January 2020. Reviewed grievance condition of confinement, including but not limited to documents and policy and procedure manual health care services, classification decisions, program X reveals compliance with this regulation. participation, telephone, mail or visiting procedures, Review of grievance documents also food, clothing, bedding, mistreatment, harassment or revealed they are being completed within the violations of the nondiscrimination policy. There shall regulation time frames. It should be noted be no time limit on filing grievances. Policies and GWJDAC did not have any grievances from procedures shall include provisions whereby the facility the above months. manager ensures: (a) a grievance form and instructions for registering a Grievance and Appeals: I >A >1 and I >B >1 X grievance, which includes provisions for the youth to have free access to the form; (b) the youth shall have the option to confidentially file Grievance and Appeals: I >B >1 >a, b, c X the grievance or to deliver the form to any youth supervision staff working in the facility; (c) resolution of the grievance at the lowest appropriate X Grievance and Appeals: V >A >1 >a staff level; (d) provision for a prompt review and initial response Grievance and Appeals: Guidelines > B. to grievances within three (3) business days, X grievances that relate to health and safety issues must be addressed immediately; (1) The youth may elect to be present to explain Grievance and Appeals: V > 2 >a his/her version of the grievance to a person not X directly involved in the circumstances which led to the grievance. (2) Provision for a staff representative approved by X Grievance and Appeals: I > C >2 the facility administrator to assist the youth. (e) provision for a written response to the grievance X Grievance and Appeals: V >2 >b which includes the reasons for the decisions; (f) a system which provides that any appeal of a Grievance and Appeals: VI grievance shall be heard by a person not directly X involved in the circumstances which led to the grievance; (g) resolution of the grievance must occur within ten Grievance and Appeals: Guidelines: B. (10) business days unless circumstances dictate a X longer time frame. The youth shall be notified of any delay; and, (h) the policy shall provide multiple internal and Grievance and Appeals: Purpose X external methods to report sexual abuse and sexual harassment. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 29 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Whether or not associated with a grievance, concerns of Grievance and Appeals: Guidelines: H. parents, guardians, staff or other parties shall be X addressed and documented in accordance with written policies and procedures within a specified timeframe. 1362 REPORTING OF INCIDENTS Incident Report A written report of all incidents which result in physical Review of documentation from each facility harm, use of force, serious threat of physical harm, or provided revealed compliance with this death of an employee, youth or other person(s) shall be X regulation. maintained. Such written record shall be prepared by the staff and submitted to the facility manager by the end of the shift, unless additional time is necessary and authorized by the facility manager or designee. 1363 USE OF REASONABLE FORCE TO DNA Buccal Sample Collection COLLECT DNA SPECIMENS, SAMPLES, IMPRESSIONS (a) Pursuant to Penal Code Section 298.1 authorized law enforcement, custodial, or corrections personnel including peace officers, may employ X reasonable force to collect blood specimens, saliva samples, and thumb or palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request. (1) For the purpose of this section, the “use of DNA Buccal Sample Collection: reasonable force” shall be defined as the force that Guidelines: E > 5 an objective, trained and competent correctional X employee, faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance with this section. (2) The use of reasonable force shall be preceded by DNA Buccal Sample Collection: efforts to secure voluntary compliance. Efforts to Guidelines: E.> 2 >b secure voluntary compliance shall be documented X and include an advisement of the legal obligation to provide the requisite specimen, sample or impression and the consequences of refusal. (b) The force shall not be used without the prior written DNA Buccal Sample Collection: authorization of the supervising officer on duty. Guidelines > E >2 >a and b The authorization shall include information that X reflects the fact that the offender was asked to provide the requisite specimen, sample, or impression and refused. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 30 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (1) If the use of reasonable force includes a cell DNA Buccal Sample Collection: extraction, the extraction shall be videotaped. Guidelines: 4. a. b. Video shall be directed at the cell extraction event. The videotape shall be retained by the X agency for the length of time required by statute. Notwithstanding the use of the video as evidence in a court proceeding, the tape shall be retained administratively. 1370 EDUCATION PROGRAM Education Program (a) School Programs Completed on 10/15/2019 by Jannette Price, Coordinator of Student Transitions and The County Board of Education shall provide for the Planning, Riverside County Office of administration and operation of juvenile court Education. schools in conjunction with the Chief Probation Officer, or designee pursuant to applicable State laws. The school and facility administrators shall develop and implement written policy and procedures to ensure communication and coordination between educators and probation staff. Culturally responsive and trauma-informed approaches should be applied when providing instruction. Education staff should collaborate with the facility administrator to use technology to facilitate learning and ensure safe technology X practices. The facility administrator shall request an annual review of each required element of the program by the Superintendent of Schools, and a report or review checklist on compliance, deficiencies, and corrective action needed to achieve compliance with this section. Such a review, when conducted, cannot be delegated to the principal or any other staff of any juvenile court school site. The Superintendent of Schools shall conduct this review in conjunction with a qualified outside agency or individual. Upon receipt of the review, the facility administrator or designee shall review each item with the Superintendent of Schools and shall take whatever corrective action is necessary to address each deficiency and to fully protect the educational interests of all youth in the facility. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 31 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (b) Required Elements Education Program: II. >A, B, C The facility school program shall comply with the State Education Code and County Board of Education policies, all applicable federal education statutes and regulations and provide for an annual evaluation of the educational program offerings. As stated in the 2009 California Standards for the X Teaching Profession, teachers shall establish and maintain learning environments that are physically, emotionally, and intellectually safe. Youth shall be provided a rigorous, quality educational program that responds to the different learning styles and abilities of students and prepares them for high school graduation, career entry, and post-secondary education. All youth shall be treated equally, and the education Education Program: II > D > 1 program shall be free from discriminatory action. X Staff shall refer to transgender, intersex and gender- nonconforming youth by their preferred name and gender. (1) The course of study shall comply with the State Education Program: II > E X Education Code and include, but not be limited to, courses required for high school graduation. (2) Information and preparation for the High School Education Program: II > F Equivalency Test as approved by the California X Department of Education shall be made available to eligible youth. (3) Youth shall be informed of post-secondary education X Education Program: II > H and vocational opportunities. (4) Administration of the High School Equivalency Tests Education Program: II > G X as approved by the California Department of Education, shall be made available when possible. (5) Supplemental instruction shall be afforded to youth Education Program: II > I X who do not demonstrate sufficient progress towards grade level standards. (6) The minimum school day shall be consistent with Education Program: II > J > 1 and K. State Education Code Requirements for juvenile court schools. The facility administrator, in conjunction with education staff, must ensure that X operational procedures do not interfere with the time afforded for the minimum instructional day. Absences, time out of class or educational instruction, both excused and unexcused, shall be documented. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 32 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (7) Education shall be provided to all youth regardless of Education Program: II > L > 1 classification, housing, security status, disciplinary or separation status, including room confinement, except when providing education poses an X immediate threat to the safety of self or others. Education includes, but is not limited to, related services as provided in a youth’s Section 504 Plan or Individualized Education Program (IEP). (c) School Discipline Education Program: III > A (1) Positive behavior management will be implemented to reduce the need for disciplinary action in the X school setting and be integrated into the facility's overall behavioral management plan and security system. (2) School staff shall be advised of administrative Education Program: III > B X decisions made by probation staff that may affect the educational programming of students. (3) Except as otherwise provided by the State Education Education Program: III > C and D. Code, expulsion/suspension from school shall be imposed only when other means of correction fails to bring about proper conduct. School staff shall follow the appropriate due process safeguards as set X forth in the State Education Code including the rights of students with special needs. School staff shall document the other means of correction used prior to imposing expulsion/ suspension if an expulsion/suspension is ultimately imposed. (4) The facility administrator, in conjunction with Education Program: III >E education staff will develop policies and procedures X that address the rights of any student who has continuing difficulty completing a school day. (d) Provisions for Special Populations Education Program: IV >A >1 (1) State and federal laws and regulations shall be observed for all individuals with disabilities or X suspected disabilities. This includes but is not limited to child find, assessment, continuum of alternative placements, manifestation determination reviews, and implementation of Section 504 Plans and Individualized Education Programs. (2) Youth identified as English Learners (EL) shall be Education Program: IV > A> 2 afforded an educational program that addresses their X language needs pursuant to all applicable state and federal laws and regulations governing programs for EL students. (e) Educational Screening and Admission Education Program: VI >A X (1) Youth shall be interviewed after admittance and a record maintained that documents a youth's educational history, including but not limited to: 7483+7485 San Bernardino JH+Camps PRO 18-20 - 33 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (A) School progress/school history; X Education Program: VI > A > 1 (B) Home Language Survey and the results of the State X Education Program: V > A> 2 Test used for English language proficiency; (C) Needs and services of special populations as defined Education Program: VI >A > 3 X by the State Education Code, including but not limited to, students with special needs. (D) Discipline problems. X Education Program: III (2) Youth will be immediately enrolled in school. Education Program: VI >B Educational staff shall conduct an assessment to X determine the youth's general academic functioning levels to enable placement in core curriculum courses. (3) After admission to the facility, a preliminary Education Program: VI >C X education plan shall be developed for each youth within five school days. (4) Upon enrollment, education staff shall comply with Education Program: VI > D the State Education Code and request the youth's records from his/her prior school(s), including, but not limited to, transcripts, Individual Education Program (IEP), 504 Plan, state language assessment X scores, immunization records, exit grades, and partial credits. Upon receipt of the transcripts, the youth's educational plan shall be reviewed with the youth and modified as needed. Youth should be informed of the credits they need to graduate. (f) Educational Reporting Education Program: VII >A X (1) The complete facility educational record of the youth shall be forwarded to the next educational placement in accordance with the State Education Code. (2) The County Superintendent of Schools shall provide Education Program: VII >B appropriate credit (full or partial) for course work X completed while in juvenile court school in accordance with the State Education Code. (g) Transition and Re-Entry Planning Education Program: VIII >A (1) The Superintendent of Schools and the Chief Probation Officer or designee, shall develop policies X and procedures to meet the transition needs of youth, including the development of an education transition plan, in accordance with the State Education Code and in alignment with Title 15, Minimum Standards for Juvenile Facilities, Section 1355. (h) Post-Secondary Education Opportunities Education Program: IX >A (1) The school and facility administrator should, whenever possible, collaborate with local post- X secondary education providers to facilitate access to educational and vocational opportunities for youth that considers the use of technology to implement these programs. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 34 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1371 PROGRAMS, RECREATION, AND Recreation, Programs, and Exercise EXERCISE. Purpose The facility administrator shall develop and implement written policies and procedures for programs, Review of policy and procedures and daily recreation, and exercise for all youth. The intent is to schedule from each facility revealed minimize the amount of time youth are in their rooms compliance with this regulation. or their bed area. X Documentation of programs, recreation and exercise are documented on the Recreation/Activity Log. We reviewed Recreation/Activity logs from each facility for the months of January 2019 and March 2020 which also revealed compliance with this regulation. Juvenile facilities shall provide the opportunity for Recreation, Programs, and Exercise: I >C programs, recreation, and exercise a minimum of three hours a day during the week and five hours a day each X Saturday, Sunday or other non-school days, of which one hour shall be an outdoor activity, weather permitting. A youth’s participation in programs, recreation, and Recreation, Programs, and Exercise: IV >B exercise may be suspended only upon a written finding X by the administrator/manager or designee that a youth represents a threat to the safety and security of the facility. Such program, recreation, and exercise schedule shall X Recreation, Programs, and Exercise: I > A be posted in the living units. There will be a written annual review of the programs, Recreation, Programs, and Exercise: IV >A recreation, and exercise by the responsible agency to The facilities’ annual review of social ensure content offered is current, consistent, and awareness programs, recreation, and exercise relevant to the population. X was completed by Probation Corrections Officers Debra Junior for CVJDAC and Lindsey Spence for GWJDAC in January 2020. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 35 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (a) Programs. All youth shall be provided with the Recreation, Programs, and Exercise: I > F opportunity for at least one hour of daily programming to include, but not be limited to, trauma focused, cognitive, evidence-based, best practice interventions that are culturally relevant and linguistically appropriate, or pro-social interventions and activities designed to reduce recidivism. These programs should be based on the youth’s individual X needs as required by Sections 1355 and 1356. Such programs may be provided under the direction of the Chief Probation Officer or the County Office of Education and can be administered by county partners such as mental health agencies, community based organizations, faith-based organizations or Probation staff. Programs may include but are not limited to: (1) Cognitive Behavior Interventions; Recreation, Programs, and Exercise: I > F (2) Management of Stress and Trauma; (3) Anger Management; (4) Conflict Resolution; (5) Juvenile Justice System; (6) Trauma-related interventions; (7) Victim Awareness; (8) Self-Improvement; (9) Parenting Skills and support; X (10) Tolerance and Diversity; (11) Healing Informed Approaches; (12) Interventions by Credible Messengers; (13) Gender Specific Programming; (14) Art, creative writing, or self-expression; (15) CPR and First Aid training; (16) Restorative Justice or Civic Engagement; (17) Career and leadership opportunities; and, (18) Other topics suitable to the youth population. (b) Recreation. All youth shall be provided the Recreation, Programs, and Exercise: I >D >1 opportunity for at least one hour of daily access to unscheduled activities such as leisure reading, letter X writing, and entertainment. Activities shall be supervised and include orientation and may include coaching of youth. (c) Exercise. All youth shall be provided with the Recreation, Programs and Exercise: I > E >1 X opportunity for at least one hour of large muscle activity each day. The administrator/manager may suspend, for a period not Recreation, Programs and Exercise: IV >B to exceed 24 hours, access to recreation and programs. X The administrator/manager shall document the reasons why suspension of recreation and programs occurs. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 36 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1372 RELIGIOUS PROGRAM Religious Program The facility administrator shall provide access to Guidelines >A and B religious services and/or religious counseling at least Review of each facility daily schedule once each week. Attendance shall be voluntary. A youth X revealed youth can participate in alternative shall be allowed to participate in an activity outside of programming during the scheduled religious their room if he/she elects not to participate in religious program time. programs. Religious programs shall provide for: (a) opportunity for religious services and practices; X Religious Program: Guidelines >C (b) availability of clergy; and, X Religious Program: Guidelines >C (c) availability of religious diets. X Religious Program: Guidelines >C 1373 WORK PROGRAM N/A The facility administrator shall develop policies and procedures regarding the fair and consistent assignment of youth to work programs. Work assigned to a youth X shall be meaningful, constructive and related to vocational training or increasing a youth's sense of responsibility. Work programs shall not be imposed as a disciplinary measure. 1374 VISITING Visitation in Juvenile Detention and Assessment Centers and Treatment The facility administrator shall develop and implement Facilities written policies and procedures for visiting, that include provisions for special visits. Youth shall be allowed to I >A receive visits by parents, guardians or persons standing X Review of visitation logs from each facility in loco parentis, and children of youth. Other family and policy and procedures revealed members, such as grandparents and siblings, and compliance with this regulation. supportive adults, may be allowed to visit with the approval of the facility administrator or designee, and in conjunction with the youth’s case plan or in the best interest of the youth. All visits shall occur at reasonable times, subject only to Visitation in Juvenile Detention and the limitations necessary to maintain order and security. Assessment Centers and Treatment Visitation shall not be denied solely based on the visitor’s Facilities: II >A and N criminal history. The staff shall determine in each case, X whether the visitor’s criminal history represents a risk to the safety of youth or staff in the facility. Any denial of visitation or limitation on visitations shall be communicated to the youth, person denied and facility administrator. Opportunity for visitation shall be a minimum of two Visitation in Juvenile Detention and hours per week. Visits may be supervised, but X Assessment Centers and Treatment conversations shall not be monitored unless there is a Facilities: II >C >2 and B security or safety need. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 37 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS Provisions for special visits, in addition to the two-hour Visitation in Juvenile Detention and minimum and/or outside of the regular visiting hours, Assessment Centers and Treatment shall be accommodated as necessary and within the Facilities: III >B >1 discretion of the facility administrator or designee. X Family therapy and professional visits shall be accommodated outside the provisions of this regulation. Facilities may provide visitation opportunities outside of normal visiting hours to accommodate special visits. The facility may provide access to technology as an Visitation in Juvenile Detention and alternative, but not as a replacement, to in-person X Assessment Centers and Treatment visiting. Facilities: II >M 1375 CORRESPONDENCE Correspondence of Youth The facility administrator shall develop and implement X Review of policy and procedures revealed written policies and procedures for correspondence compliance with this regulation. which provide that: (a) there is no limitation on the volume of mail that youth Correspondence of Youth: Guidelines >A X may send or receive; (b) youth may send two letters per week postage free; X Correspondence of Youth: Guidelines >A (c) youth may correspond confidentially with state and Correspondence of Youth: I > D federal courts, any member of the State Bar or holder of public office, and the Board; however, authorized X facility staff may open and inspect such mail only to search for contraband and in the presence of the youth; and, (d) incoming and outgoing mail, other than that described Correspondence of Youth I >B 1 >c in (c), may be read by staff only when there is X reasonable cause to believe facility safety and security, public safety, or youth safety is jeopardized. 1376 TELEPHONE ACCESS Telephone Access The administrator of each juvenile facility shall develop X Review of policy and procedures revealed and implement written policies and procedures to compliance with this regulation. provide youth with access to telephone communications. 1377 ACCESS TO LEGAL SERVICES Access to Legal Services The facility administrator shall develop written X Review of policy and procedures revealed procedures to ensure the right of youth to have access to compliance with this regulation. the courts and legal services. Such access shall include: (a) access, upon request by the youth, to licensed Access to Legal Services: Purpose >A X attorneys and their authorized representatives; (b) provision for confidential consultation with Access to Legal Services: Purpose >B X attorneys; and, (c) unlimited postage free, legal correspondence and Access to Legal Services: Purpose >C X cost-free telephone access as appropriate. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 38 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS 1390 DISCIPLINE Discipline Process: The facility administrator shall develop and implement Purpose and Guidelines >E written policies and procedures for the discipline of Review of policy and procedures and youth that shall promote acceptable behavior; including documentation revealed compliance with this the use of positive behavior interventions and supports. X regulation. Discipline shall be imposed at the least restrictive level which promotes the desired behavior and shall not include corporal punishment, group punishment, physical or psychological degradation. Deprivation of the following is not permitted: (a) bed and bedding; X Discipline Process: Guidelines >F (b) daily shower, access to drinking fountain, toilet and Discipline Process: >F X personal hygiene items, and clean clothing; (c) full nutrition; X Discipline Process: >F (d) contact with parent or attorney; X Discipline Process: >F (e) exercise; X Discipline Process: >F (f) medical services and counseling; X Discipline Process: >F (g) religious services; X Discipline Process: >F (h) clean and sanitary living conditions; X Discipline Process: >F (i) the right to send and receive mail; X Discipline Process: >F (j) education; and, X Discipline Process: >F (k) rehabilitative programming. X Discipline Process: >F The facility administrator shall establish rules of conduct Discipline Process: >Guidelines >B and disciplinary penalties to guide the conduct of youth. Such rules and penalties shall include both major violations and minor violations, be stated simply and X affirmatively, and be made available to all youth. Provision shall be made to provide accessible information to youth with disabilities, limited English proficiency, or limited literacy. 1391 DISCIPLINE PROCESS Discipline Process The facility administrator shall develop and implement X Review of policy and procedures and written policies and procedures for the administration documentation revealed compliance with this of discipline which shall include, but not be limited to: regulation. (a) designation of personnel authorized to impose Discipline Process: Guidelines >A X discipline for violation of rules; (b) prohibiting discipline to be delegated to any youth; X Discipline Process: Guidelines >C (c) definition of major and minor rule violations and Discipline Process: Guidelines >G, H, I, J, X their consequences, and due process requirements; K, L (d) trauma-informed approaches and positive behavior Discipline Process: Purpose X interventions; (e) minor rule violations may be handled informally by Discipline Process: Guidelines >H counseling, advising the youth of expected conduct imposing a minor consequence. Discipline shall be X accompanied by written documentation and a policy of review and appeal to a supervisor; and, 7483+7485 San Bernardino JH+Camps PRO 18-20 - 39 - J453 JUV PRO-Eff. 01-01-2019 TITLE 15 SECTION YES NO N/A P/P REFERENCE - COMMENTS (f) major rule violations and the discipline process Discipline Process: Guidelines >K shall be documented and require the following: X Review of due process documentation provided revealed compliance with this regulation. (1) written notice of violation prior to a hearing; X Discipline Process: Guidelines >L >1 (2) accommodations provided to youth with Discipline Process: Guidelines >L >2 disabilities, limited literacy, and English X language learners; (3) hearing by a person who is not a party to the Discipline Process: Guidelines > L >3 X incident; (4) opportunity for the youth to be heard, present Discipline Process: Guidelines >L >4 X evidence and testimony; (5) provision for youth to be assisted by staff in the Discipline Process: Guidelines >L >5 X hearing process; (6) provision for administrative review. X Discipline Process: Guidelines >L >6 (g) violations that result in a removal from camp or Discipline Process: Guidelines >G >11 commitment program, but not a return to court, will X follow the due process provisions in subsection (e) above. f 7483+7485 San Bernardino JH+Camps PRO 18-20 - 40 - J453 JUV PRO-Eff. 01-01-2019 REVIEW OF NON REGULATORY REQUIREMENTS GRANT FUNDING OR CODE REFERENCE YES NO N/A P/P REFERENCE - COMMENTS JUVENILE PROBATION AND CAMPS FUNDING (JPCF) (Camps Only) The programs/services identified on the JPCF – Camp NA Allocation Eligibility Form are being provided at the X facility. (Refer to the JPCF Program Agreement, Attachment B) 208.5 WIC CONTACT BETWEEN PERSONS UNDER THE JUVENILE COURT AGES 19- 20 AND MINORS IN THE FACILITY The facility houses Juvenile Court Wards 19 years of Housing Assessments and Classifications: X age and older. Guidelines > C The facility has been approved to hold persons under Housing Assessments and Classifications: X the juvenile court who are ages 19 through 21. Guidelines >C The facility continues to comply with the requirements of 208.5 WIC (programming, capacity and security of X the facility) as outlined in the county’s application. JUVENILE JUSTICE DELINQUENCY PREVENTION ACT MONITORING (JJDPA) WIC 206 SEPARATE FACILITIES FOR WIC Housing Assessments and Classifications: 300 MINORS Violation Guidelines >B Dependent or neglected minors who are defined under X Section 300 of the Welfare and Institutions Code (WIC) are held only in non-secure, separate and segregated facilities. DETENTION OF STATUS OFFENDERS (WIC Housing Assessments and Classifications: 601) AND FEDERAL MINORS X Guidelines >A Status Offenders (WIC 601) are held in the facility. Status Offenders (WIC 601) are kept separate from Violation Housing Assessments and Classifications: X Juvenile Delinquents (WIC 602)? (WIC 207[d]). Guidelines >A Federal Minors (ICE Holds or ORR Contract) are held Immigration and Consulate Notifications X in the facility. If yes to the above, the Monthly Report on the Detention of Status Offenders/Federal Minors is X submitted to the BSCC. WIC 208 SEPARATION OF MINORS AND Housing Assessments and Classifications: ADULT INMATES (JJDPA 42 USC Guidelines >D 5633, Sec 223, State Plans (a)[12]) Are adult inmates held in the facility? (When a person X in detention is proceeding through the adult court, AND that person is 18 years of age or older that person is an adult inmate.) If adult inmates are held, they are appropriately Violation X separated from minors. Adult inmates from an adult facility (e.g. inmate workers or “Scared Straight” programs) are not allowed Violation X in the facility in a manner that allows contact with minors. 7483+7485 San Bernardino JH+Camps PRO 18-20 - 41 - J453 JUV PRO-Eff. 01-01-2019