If you suspect abuse has happened at the Bonner County Juvenile Detention Center, you may contact the Director at the Center: (208) 263-1602 or email: ron.stultz@bonnercountyid.gov
Or you may call the Bonner County Dispatch at (208) 265-5525 or the Bonner County Sheriff’s Office at (208) 263-8417. You may also report by contacting the PREA Third Person Reporting Party: Peggy Frye at (208) 263-2607.
Please have any information or evidence available for the investigator who will be assigned to handle the case. False accusations may be prosecuted. All reports are taken seriously and investigated as outlined in PREA Policy.
Investigation Protocol Policy
I. POLICY:
Child abuse, sexual abuse or neglect will not be accepted behavior at this facility. Bonner County Justice Services has a zero tolerance policy towards all forms of sexual abuse and harassment. Consequences can range from restricted duty to termination of staff involved, and appropriate charges filed against the individual. Any alleged abuse that occurred prior to the juvenile entering the facility will be reported to the appropriate authorities.
II. DEFINITIONS:
A. “Abused”
Any case in which a child has been the victim of conduct resulting in skin bruising, bleeding, malnutrition, sexual molestation, burns, fracture of any bone, subdural hematoma, soft tissue swelling, failure to thrive or death, and such conditions or death is not justifiably explained, or where the history given concerning such condition or death is at variance with the degree or type of such condition or death, or the circumstances indicate that such condition or death may not be the product of an accidental occurrence.
B. “Neglect”
A child:
1. Who is without parental care and control, or subsistence, education, medical or other care or control necessary for his well being because of the conduct or omission of his parents, guardian or other custodian or their neglect or refusal to provide them; provided, however, no child whose parent or guardian chooses for such child treatment by prayers through spiritual means alone in lieu of medical treatment, shall be deemed for that reason alone to be neglected or lack parental care necessary for this health and well being, but further provided this subsection shall not prevent the court from acting pursuant to Section 16-1616, Idaho Code; or
2. Whose parents, guardian or other custodian are unable to discharge their responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity; or
3. Who has been placed for care or adoption in violation of law.
III. Procedure
A. Reporting methods
1. BCJDC shall accept:
a. Written reports
b. Verbal reports
c. Anonymous reports
d. Third party reports (refer to section F, below.)
2. All verbal reports shall be immediately documented
3. Juveniles shall be provided access to tools necessary to make a written report if requested, including, but not limited to writing utensil, paper and envelope.
4. BCJDC shall provide and maintain multiple internal ways for juveniles to privately report physical abuse, sexual abuse, sexual harassment, retaliation by other juveniles or staff for reporting sexual abuse or sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents, including, but not limited to:
a Reporting to staff members
b. Reporting to clerical staff
c. Reporting through the Telmate phone system PREA Hotline
d. Reporting to the Detention Manager or Justice Services Director
e. Reporting via confidential suggestion box(es), which shall be checked on a daily basis.
5. BCJDC shall provide and maintain at least one way for juveniles to report physical abuse, sexual abuse, sexual harassment, retaliation by other juveniles or staff for reporting sexual abuse or sexual harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents to a public or private entity or office that is not part of BCJDC and that is able to receive and immediately forward juvenile reports of sexual abuse and sexual harassment to BCJDC officials, allowing the juvenile to remain anonymous upon request, including the following, which may include, but not be limited to:
a. Reporting to teachers (Lake Pend Oreille School District employees)
b. Reporting to medical staff (Doctor) (employees of the Bonner County Sheriff’s Office Medical Department)
c. Reporting to probation officers (employees of the Bonner County or other county’s Juvenile Probation Department)
d. Reporting to public defender
e. Reporting to the Bonner County Victim Advocate Program
f. Reporting to the National Sex Assault Hotline
g. Reporting to local law enforcement officers
h. Reporting to juvenile detention inspection team members
i. Reporting to the juvenile’s appropriate consulate and/or appropriate officials at the Department of Homeland Security (applicable to those juveniles held in BCJDC solely for civil immigration purposes only.)
6. A juvenile who alleges sexual abuse may utilize the confidential suggestion box and/or enclose the grievance within an envelope addressed to the Detention Manager or Director so that the grievance is not submitted to, or referred to, the staff member who is the subject of the complaint.
B. Admissions
1. During admissions, particularly the clothing exchange or strip search process, the detention officer shall look for signs of substance abuse, cuts, marks, tattoos and physical abuse.
a. Scars, marks, tattoos shall be recorded for identification sources.
b. Signs of substance abuse shall be noted.
c. Signs of physical abuse, including but not limited to, bruises, cuts, scratches, scars, etc., shall be noted.
C. Reporting abuse that may have occurred prior to admission
1. In the event that staff observe indications of child abuse/neglect while the juvenile is being admitted to the BCJDC, or at any time receives information or has reason to believe that the juvenile has been abused prior to admission to the BCJDC, relevant information shall be gathered and then immediately reported to the local law enforcement agency having jurisdiction where the alleged abuse took place and/or the Region I Department of Health and Welfare, Family and Children's Services.
a. Relevant information should include, but not be limited to:
1. Photos of bruising or injuries
2. Statements from juvenile
3. Observations of reporting or participating staff members.
b. Facilitate a follow up meeting with a medical or mental health practitioner as outlined in Policy 11.3.
2. In the event that an allegation is received that a resident was sexually abused prior to admission to the BCJDC while confined at any other facility, the supervisor on duty shall notify the Detention Manager and/or on call supervisor. The Detention Manager and/or on call supervisor will then contact the Director. The following steps will then be followed:
a. Notify the head of the facility or appropriate office of the agency where the alleged abuse occurred.
b. Notify the appropriate investigative agency for that facility.
1. For any DJC-operated facility, the appropriate investigative agency is the Idaho State Police.
2. For any regional or county-run facility, the appropriate investigative agency may be the local police department or sheriff’s office.
3. Contact information for investigative agencies may be found on the Internet
c. Such notification shall be provided as soon as possible, but no later than 72 hours after receiving the allegation.
d. BCJDC staff shall document the following information, which includes but is not limited to:
1. Date and time of calls to the agency and the investigative agency
2. Name of persons spoken to regarding the allegation
3. The type of details related to the agency and investigative agency.
e. Facilitate a follow up meeting for the juvenile with a medical or mental health practitioner as outlined in Policies 11.3.
D. Reporting abuse that may have occurred at the Center
1. Upon receipt of any allegation that a juvenile has been abused while in the custody of the BCJDC, either by another juvenile or a staff member, staff shall have full authority to act in any way which protects the resident from any further sexual abuse, sexual harassment or retaliation.
2. Relevant information shall be gathered and then immediately reported to the Detention Manager and Director. The Director will then notify the Bonner County Prosecuting Attorney’s Office and the Sandpoint Police Department, even if initial relevant information indicates that the incident did not occur.
3. If abuse is suspected involving a facility staff member, the employee shall report their suspicion to the Detention Manager and Director who shall contact the Bonner County Prosecuting Attorney's Office and the Sandpoint Police Department regarding an investigation of the incident.
a. If the allegation involves the Detention Manager or the Director, the employee must report to the Probation Manager. If no on call supervisor is available or is the allegation is against them, the shift supervisor will report directly to the Bonner County Prosecuting Attorney's Office and the Sandpoint Police Department immediately.
b. Employees shall be afforded their rights and due process in accordance with the Bonner County Personnel Manual, Garrity rules and other applicable laws.
c. If the results of the investigation show that the detention staff member was not involved, a report clearing that person shall be written and placed in the employee's personnel file and if a juvenile made the allegations also in the accusing juvenile's file.
1. Disciplinary action and/or criminal action for filing false police reports may be initiated against the juvenile, unless it is proven that the report was filed in good faith.
d. If the investigation shows that a staff member was involved in intentional neglect or child abuse, or neglecting to act or report on such actions, disciplinary action up to and including termination and the filing of criminal charges will result.
4. If the Director of the BCJDC receives notification from another agency that a juvenile has reported abuse which allegedly occurred while in the custody of the BCJDC, the Director shall immediately report the allegation to the Bonner County Prosecuting Attorney’s Office and the Sandpoint Police Department and shall ensure that the allegation is investigated in accordance with these standards.
E. Staff reporting of abuse
1. All staff members are required to report any knowledge, suspicion, or information they receive regarding any of the following:
a. Any incident of sexual abuse that occurred in any facility, whether or not it is part of the BCJDC;
b. Any act of retaliation against residents or staff who reported such an incident; and
c. Any staff neglect or violation of responsibilities that may have contributed to an incident or retaliation.
2. All staff are required to comply with any applicable mandatory child abuse reporting laws as contained in Idaho Code 16-1605..
3. Staff may report sexual abuse of juveniles at any time to the Detention Manager, Director, Probation Manager or Shift Supervisor.
a. Such report will be treated in a strictly confidential manner.
4. Staff may also report directly to the Bonner County Prosecuting Attorney's Office and/or the Sandpoint Police Department if desired.
F. Third party reporting.
1. Third parties, including fellow residents, staff members, family members, attorneys, outside advocates and others, shall be permitted to assist residents in filing reports, allegations, grievances and requests for administrative remedies relating to allegations of sexual abuse, and shall also be permitted to file such requests on behalf of residents.
a. Third party reports from sources other than parents
1. If a third party other than a parent or legal guardian, files such a request on behalf of a resident, the facility may require as a condition of processing the request that the alleged victim agree to have the request filed on his or her behalf, and may also require the alleged victim to personally pursue any subsequent steps in the administrative remedy process.
2. If the resident declines to have the request processed on his or her behalf, the agency shall document the resident’s decision.
b. Third party reports from a parent or legal guardian
1. If a parent or guardian files such a request or appeal on behalf of a resident, BCJDC shall handle that request or appeal with or without the juvenile agreeing to have the request filed on his or her behalf.
G. Sexual harassment allegations
1. Sexual harassment by staff, contractor or volunteer
a. The BCJDC does not tolerate any form of sexual harassment by staff, contractors or volunteers toward other staff, contractors, volunteers or juveniles.
b. All allegations or reports of sexual harassment by staff, contractors or volunteers shall be handled with the same degree of urgency and in the same way reports of sexual abuse are handled as outlined in this Policy, including referral for investigation.
c. The Bonner County Human Resources Department will furnish mandatory employee sexual harassment training for all employees on a schedule and frequency determined by them.
2. Sexual harassment by juveniles
a. If a juvenile reports sexual harassment by another juvenile, staff shall immediately take any action necessary to keep the reporting juvenile safe and shall also take the appropriate steps, which may include, but are not limited to:
1. Monitoring intercoms and/or video cameras to identify the perpetrator, if unknown
2. Removal of the perpetrator from the area, program or activity
3. Disciplinary action against the perpetrator as outlined in Policy 12.1, 12.2 and 12.3.
H. Confidentiality
1. Apart from reporting to designated supervisors or officials and designated State or local services agencies, staff shall be prohibited from revealing any information related to a sexual abuse report to anyone other than to the extent necessary, as specified in agency policy, to make treatment, investigation, and other security and management decisions.
2. Medical and mental health practitioners shall be required to report sexual abuse to designated supervisors and officials pursuant to this policy, as well as to the designated State or local services agency where required by mandatory reporting laws.
a. Such practitioners shall be required to inform residents at the initiation of services of their duty to report and the limitations of confidentiality.
I. Informing parents, caseworkers, legal representative
1. Upon receiving any allegation of sexual abuse, the Director or designee, in addition to reporting as required in this policy, shall promptly report the allegation the alleged victim’s parents or legal guardians, unless the facility has official documentation showing the parents or legal guardians should not be notified.
2. If the alleged victim is under the guardianship of the child welfare system, the report shall be made to the alleged victim’s caseworker instead of the parents or legal guardians.
3. If a juvenile court retains jurisdiction over the alleged victim, the facility head or designee shall also report the allegation to the juvenile’s attorney or other legal representative of record within 14 days of receiving the allegation.
J. All allegations of sexual abuse, including third-party and anonymous reports, shall be immediately referred for criminal prosecution to the Bonner County Prosecuting Attorney's Office and the Sandpoint Police Department, who are the BCJDC’s designated investigators. An administrative investigation shall be done by Bonner County Justice Services at the conclusion of the criminal investigation to determine if any policies or procedures were breached.
K. All allegations of sexual harassment, including third party and anonymous reports, shall be immediately reported to the Detention Manager and Director who shall initiate an administrative investigation. The investigation shall be done by the Director or by a designee of the Director. Once the investigation is complete, the report shall be submitted to the Bonner County Prosecuting Attorney’s Office and/or the Bonner County Human Resources Department.
1. If the allegation involves the Detention Manager or Director, the staff will report to the Probation Manager who will then report to the Bonner County Prosecuting Attorney's Office and the Bonner County Human Resources Department.
L. Any and all reports or allegations that are received regarding sexual abuse or sexual harassment shall be documented, regardless of outcome.
IV. Sexual Abuse Incident Reviews in accordance with PREA Standard 115.386
A. The facility shall conduct a sexual abuse incident review at the time conclusion of every sexual abuse investigation, including where the allegation has not be substantiated, unless the allegation has been determined to be unfounded.
B. Such review shall ordinarily occur within 30 days of the conclusion of the investigation.
C. The review team shall include upper-level management officials, with input from live supervisors, investigators, and medical or mental health practitioners.
D. The review team shall:
(1) Consider whether the allegation or investigation indicates a need to change policy or practice to better prevent, detect, or respond to sexual abuse;
(2) Consider whether the incident or allegation was motivated by race; ethnicity; gender identity; lesbian, gay, bisexual, transgender, or intersex identification, status, or perceived status; or, gang affiliation; or was motivated or otherwise caused by other group dynamics at the facility;
(3) Examine the area in the facility where the incident allegedly occurred to assess whether physical barriers in the area may enable abuse;
(4) Assess the adequacy of staffing levels in that area during different shifts;
(5) Assess whether monitoring technology should be deployed or augmented to supplement supervision by staff; and
(6) Prepare a report of its findings, including but not necessarily limited to determinations made pursuant to paragraphs (D)(1)-(D)(5) of this section, and any recommendations for improvement and submit such report to the facility head and PREA compliance manager.
E. The facility shall implement the recommendations for improvement, or shall document its reasons for not doing so.
