Policy:

Chenault Youth Services shall ensure that an all allegations of sexual abuse will be administratively and/or criminally investigated utilizing the following procedures. 

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1- Upon receiving notification of the abuse, the management will initiate an administrative review. The purpose of the administrative review will be to speak to all witnesses, preserve evidence, ensure that the individual receives appropriate medical treatment, if required, and ensure that photographs are taken, if appropriate. When a report of possible abuse or neglect is made, statements will be taken as soon as possible from the alleged perpetrator, all potential witnesses and anyone having knowledge of the circumstances surrounding the allegation. If the young adult involved has a history of making false allegations, this information will be included in the administrative review process.

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2- The preliminary investigation will also determine if there is reason to believe that an individual may have been abused (e.g., the presence of witnesses, opportunity for abuse existed, physical injury, if a direct allegation has been made by the young adult, staff, family member, or other party). The preliminary investigation will be completed within 24 hours of receipt of the initial report. The results of the preliminary investigation will be provided to the CEO and will serve as the basis of determining further investigation and action. If the preliminary administrative review indicates that a more thorough investigation is warranted, then a full investigation will be initiated, to be completed in a timely fashion, normally within 5 calendar days.

4- Results of the full administrative review will be reviewed by the CEO. A determination will be made as to whether the abuse allegation is substantiated or unsubstantiated based on a preponderance of evidence. The CEO will determine personnel action or management action to be taken because of the investigation. Substantiated abuse cases will result in the termination of employment. The results of the administrative review, with a description of action taken, will be forwarded to the appropriate DJJ Office of Investigations. A copy will be kept in the young adult’s file. The Chenault Youth Services administrative review will in no way replace the investigation of outside agencies (DJJ, law enforcement).

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5- All allegations of sexual abuse and sexual harassment in community residential programs will be administratively and/or criminally investigated by DJJ Office of Investigations. If the staff resigns or is terminated or if the victim/reporter recants the allegation, the investigation will still be completed by the DJJ Office of Investigations (OI).

i. All suspected crime scenes shall be secured as outlined in DJJ Policy 8.42 Crime Scene Preservation to prevent unauthorized access by any person, removal of evidence, or contamination of the crime scene in any manner.

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6- During an internal risk management investigation or a DJJ OI investigation, an employee involved may be placed on administrative leave or given administrative duties (with or without pay depending on the circumstances of the investigation) depending upon the circumstances of the incident or nature of the allegation. The employee will be prohibited from contact with the young adult.

i. During DJJ OI investigations, the Program Director, or the CEO maintains communication with the employee and investigating body.
ii. Upon completion of the risk management administrative review, the assigned employee shall appropriately document the same and present all documentation to the CEO for review with personnel as needed and for appropriate action.
iii. Following such review, any of the following actions, as appropriate, may be undertaken:

● modification of applicable policies and procedures;
● further action regarding young adults, staff and volunteers; and/or
● action by management staff regarding personnel and/or performance management issues.

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7- At all times, reasonable efforts shall be made to provide information, to the extent appropriate and permissible, to involved employees. However, all information regarding an administrative review shall be considered confidential and shall be disclosed only to those individuals deemed appropriate by the CEO and as permitted by law. The designee assigned to the administrative review may inform and consult with another management staff as deemed appropriate by the CEO.

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8- Employees who are found liable of abuse or neglect in a DJJ OI investigation are no longer eligible for a child caring position.

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9- CYS will fully cooperate with DJJ and those investigating and prosecuting the alleged maltreatment of young adults, including providing access to the records, staff, apartment, and office, as dictated by the circumstances of the particular case.

10. CYS will comply with the recommendations of the investigation’s report and will implement and maintain any required follow-up regarding the safety and well-being of the young adult(s).

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