Prison Rape Elimination Act

The Department of Children's Services is committed to a zero-tolerance standard for all forms of sexual abuse/assault/misconduct/harassment or rape within its Youth Development Center and contracted Private Provider Facilities that provide congregate care for children/youth.  The Department is committed to reducing the risk of sexual abuse, sexual harassment, assault, misconduct, and rape through the implementation of the Prison Rape Elimination Act (PREA) as outlined in Public Law 108-79, Section 3. Department of Children's Services PREA policy can be found in policy 18.8.

The Department of Children's Services (DCS) is committed to ensuring the safety of the youth committed to its care, including protecting them from sexual abuse and sexual harassment. DCS employs a PREA Coordinator charged with developing, implementing, and overseeing agency efforts to comply with the PREA standards in each of its PREA-qualifying facilities. The Department has dedicated this full-time position to serve as the agency's point of contact regarding all PREA-related matters. This position provides consultation and guidance to the facility and private provider contract facility staff with respect to PREA implementation and monitoring. In addition, each facility has appointed a PREA Compliance Manager responsible for coordinating the facility's efforts to comply with the PREA standards.

All employees receive annual training concerning their responsibilities under PREA, as well as their duty to report all allegations of sexual abuse and sexual harassment to the Child Abuse Hotline (800) 237-0004. In addition, employees receive training on identifying and responding to youth who have experienced sexual abuse or are in fear of being sexually abused. All DCS/agency employees, volunteers, and contractors are required to sign Form CS-0940, Employee Acknowledgement and Notification of Prison Rape Elimination Act.

At the time of admission, children/youth receive information explaining, in an age-appropriate fashion, the YDC/Agency’s zero-tolerance policy regarding sexual abuse/harassment and how to report incidents or suspicions of sexual abuse or sexual harassment.  In addition, children/youth receive the following training/information on their right to be safe and free from sexual abuse and sexual harassment:

• Prevention/Intervention;
• Self-protection and how to avoid risky situations;
• Consequences for engaging in any type of sexual activity while at the facility;
• How to obtain medical and mental health treatment and counseling services;
• How to safely report sexual abuse such as:
  • Contacting the DCS Child Abuse Hotline at: 1-877 237-0004.
  • Reporting the abuse incident to YDC/Agency personnel
  • Reporting the abuse incident to their John L. Attorney or Guardian ad Litem.
    • If children/youth in a YDC request to consult with an attorney, access to an attorney is completed per DCS policy with policy 24.12.  The Guardian ad Litem is contacted for children/youth in contract agencies.
  • Filing a formal grievance as outlined in policy 24.5 or as outlined in the Contract Provider Manual for children/youth in private provider contract facilities.
    • Children/Youth are not required to use any formal grievance process in an attempt to resolve with staff an alleged incident of sexual abuse.
    • When filing a grievance against staff, children/youth DO NOT have to submit the grievance to the staff member who is the subject of the complaint.
    • Children/youth reporting sexual abuse and sexual harassment have the right to remain anonymous.

Children/Youth are continuously informed about the Prison Rape Elimination Act (PREA) through conversations with staff and with written and/or audiovisual materials.  Information about PREA is posted throughout the facility for easy access.  Appropriate provisions are made as necessary for children/youth who are limited English proficient, have disabilities (including those who are deaf or hard of hearing, those who are blind or have low vision), and those with low intellectual, psychiatric, or speech disabilities. 

Third parties are permitted to assist children/youth in filing a grievance relating to allegations of sexual abuse and to file such requests on behalf of the children/youth.  Third parties include but are not limited to: fellow residents, staff members, family members, attorneys, and outside advocates. Third parties can report sexual abuse or sexual harassment directly to the DCS Child Abuse Hotline at: 1-877 237-0004.

Administrative Investigations

The Department of Children's Services (DCS) is committed to providing quality investigations of alleged sexual abuse and sexual harassment in its facility as well as private provider contract facilities. All investigators receive specialized training specific to conducting sexual abuse and sexual harassment investigations in confinement settings. DCS policies concerning referrals of allegations for investigation can be found in policies 14.10 and 18.8.

Criminal Investigations

Criminal investigations of alleged sexual abuse are conducted by local law enforcement agencies. Many of these are conducted in conjunction with the Department of Children’s Services in the context of the Child Protection Investigative Team (CPIT), according to policy 14.7. When an allegation of sexual abuse or sexual misconduct is not investigated by the CPIT and the investigation is substantiated for conduct that may be criminal in nature, a referral is made to the local law enforcement agency for potential investigation and prosecution per DCS Policy 18.8.