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Judiciary Response to Self-Assessment


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Judiciary Response to Self-Assessment

  1. 1. Judiciary’s Update to the 2009 DH Report RecommendationsThe following describes the Judiciary’s actions and update to recommendationspresented by the 2009 facility self-assessment team. The sections and points listedbelow correspond to the document structure used in the 2009 self-assessment.Classification and Intake, and Environmental Issues1. Train staff in the intake and classification processes to ensure consistency in the process. a. All admissions meet the detention admission criteria. If there are any questions regarding an intake during non-business hours, an on-call administrator is available to assist.2. Train and supervise evening and weekend supervisors to maintain the same standards and practices exhibited by the weekday business hour’s shift. a. All admissions meet the detention admission criteria. If there are any questions regarding an intake during non-business hours, an on-call administrator is available to assist.3. Support and encourage staff to change the “culture” to a more rehabilitative model. a. On-going. Hale Ho`omalu Juvenile Detention Facility (DH) Administration has demonstrated leadership in this area. Facility programming and staff training is reflective of this shift in philosophy.4. Develop more alternative placements. a. The Family Court has developed alternatives to detention and continues to further refine and develop appropriate alternatives. Some of the alternatives to secure detention include: 1) Electronic Monitoring 2) Reporting Center (Leeward) 3) Supervised Released 4) Direct Admission to Home Maluhia 5) Intensive Monitoring (Fall 2011) Office of Youth Services (OYS) Contract 6) Day Treatment (Fall 2011) OYS Contract5. Develop closer working partnerships between staff and probation officers to better meet the needs of youth during detention and in transitioning out. a. Probation Officers and DH staff have effective working relationships and have always worked closely on transitioning youth out of the facility. Most of the youth are released within 5 days of admission. Annie E. Casey Foundation (AECF) has noted that Hawaii’s average length of stay is low.6. Include police officers and probation officers in staff trainings.
  2. 2. Judiciary’s Update to the 2009 DH Report Recommendations a. Training opportunities are inclusive of all staff. The HPD Major for Central Receiving is a member of the JDAI Executive Committee and is invited to all trainings.7. Create one or more Memoranda of Understanding with community hospitals for addressing mental health and substance abuse concerns of youth presenting for intake. a. DH Admission would exclude youth presenting with such concerns from being admitted, and any youth presenting with these concerns after intake would be assessed by a professional and transported to the appropriate medical facility if warranted. Therefore, a MOU is not necessary.8. Integrate mental health services with detention services more closely from the onset. a. The DOH CAMHD has established protocols and additional resources to ensure better integration of services.9. Develop more partnerships with child welfare services. a. On-going.10. Develop and implement a data-driven quality improvement and assurance approach for detention. a. On-going. The inter-disciplinary team meets monthly.11. Increase parent participation, including the use of video conferencing. a. The Judiciary, in partnership with the Department of Health, Child and Adolescent Mental Health Division (DOH CAMHD) and Hawaii Families as Allies (HFAA) ensures on-site parent support. HFAA, a non-profit organization, focuses on assisting parents or caregivers of children and youth with emotional or behavioral challenges. The Parent Partner provides individual or group support services. Caregiver participation in support services are voluntary. b. Video conferencing equipment is available and accessible. Staff will accommodate requests for video-conferencing. However such requests are not common as video conferencing requires that both parties have video capability.12. The fire extinguishers were not visible. In addition, there is no self-contained breathing apparatus (SCBA) at the facility. a. Fire extinguishers are located throughout the Kapolei facility in accordance with Department of Planning and Permitting code, City and County of Honolulu. b. SCBA is not a requirement of the Department of Planning and Permitting code, City and County of Honolulu. In fact, an inquiry was made to HYCF, and two JDAI model sites (Multnomah, OR and Santa Cruz, CA) and all three indicate that they do not have SCBA and have no intention of purchasing such equipment. Evacuation of youth in a smoke filled environment should be carried out by professionals trained to conduct such evacuations (e.g., fire fighters) to avert serious injury or loss of life. 2
  3. 3. Judiciary’s Update to the 2009 DH Report RecommendationsHealth and Mental Health Care1. Develop and implement a complete array of protocols for dispensary and nursing. a. Chapter 7 of the Hale Ho`omalu Juvenile Detention Facility Policy and Procedure Manual addresses this issue. This has been completed but not approved as of this date. However, nursing staff are being trained on the contents of the chapter.2. Develop, implement, and monitor a system ensuring chain of treatment accountability. a. Chapter 7 of the Policy and Procedure Manual addresses this issue. This has been completed but not approved as of this date. Medical staff are currently developing this system.3. Keep prescription medications secure at all times. a. The Kapolei facility has secure storage for all medications.4. Update medical record forms (e.g., e.g., demographics, problem lists, medications, allergies, laboratory results, etc.) a. 24 new forms have been created.5. Develop, implement, and monitor a safer process to ensure nighttime medication compliance. a. Additional resources have been added to ensure nighttime medication compliance through increasing nursing coverage.6. Consider electronic medical records. a. This is being considered but is not a priority at this time.7. Improve health education for youth. a. On-going.8. Identify a qualified professional to be accountable for these necessary services to reduce fragmentation. a. On-going.9. Improve the institutional intake form to provide more mental health assessment and treatment-relevant information, and train staff on appropriate administration of this form and the MAYSI-2. a. This has been completed in partnership with DOH CAMHD. All administrators have been trained by CAMHD. DOH CAMHD is responsible for mental health services in the facility.10. Develop and implement expanded mental health treatment referral protocols based on admission screening. Protocols should ensure that youth that meet the standard for serious health/mental health care receive timely and appropriate care. a. This has been addressed by DOH CAMHD staff.11. Ensure adequate documentation of disposition of youth after intake screening for mental health issues. a. In process. 3
  4. 4. Judiciary’s Update to the 2009 DH Report Recommendations12. Ensure that onsite mental health treatment for youth is adequate, individualized, and discharge-oriented. a. This has been addressed by DOH CAMHD.13. Review Crisis Team services to ensure adequate synchrony, timeliness, and communication. a. Crisis Team services is a purchase of service managed by the Department of Health. The DOH CAMHD Psychologist met with Crisis Team to resolve service delivery issues.14. Increase amount and quality of professional mental health staffing. a. Mental health staff has been significantly improved since 2009. Current clinical staffing includes: 1) Psychiatrist 2) Psychologist 3) Licensed Clinical Social Worker 4) Therapist15. Integrate mental health professionals in the training of line staff, and in the development and implementation of policies and procedures, and continuous quality improvement efforts across all aspects of detention (e.g., isolation and restraints, disciplinary processes, transition programming, etc). a. The Psychologist as well as other CAMHD clinical staff assist in training when appropriate and help develop training curricula.16. Train employees in signs and symptoms of mental illness, child traumatic stress, emotional disturbance, chemical withdrawal, intellectual disabilities and regression, and provide adequate follow-on supervision. Train staff to apply Positive Behavior Supports and de-escalation techniques. a. Training in this area is on-going. We rely on both in-service training opportunities and expertise from CAMHD clinical staff and trainings offered in the community.17. Ensure safety when using isolation and medical supervision of detoxification. a. The design of the Alder Street facility was not conducive to maintaining youth safety or privacy to use therapeutic interventions. At DH in Kapolei, the practice of isolation is rarely used. b. Detention admission criteria explicitly prohibit the admission of youth experiencing active detoxification or withdrawal. Other youth who exhibit less acute signs of detoxification or withdrawal will be placed under the supervision of the medical unit as nursing coverage has been increased to seven days a week until 9:00 pm. There is a 24/7 on-call physician. Any youth in need of medical services will be transported to the nearest ER.18. Expand timely assessment and subsequent onsite treatment for non-CAMHD as well as CAMHD-registered youth. a. The Judiciary and the DOH CAMHD have entered into a MOA that ensures timely assessments of detained youth and on site treatment of youth. 4
  5. 5. Judiciary’s Update to the 2009 DH Report Recommendations19. Ensure all detained youth with serious mental health care needs have access to adequate mental health services. a. The DOH CAMHD has provided additional clinical resources in the facility.20. Make Detention Home a trauma-sensitive environment for youth. a. The State of Hawaii received a federal grant administered through the DOH CAMHD to develop a trauma-focused system of care. The Judiciary is a key partner in this grant. Our staff will be included in training on trauma-focused treatment approaches.Access Issues and Programming1. Probation Administrators should ensure mail to youth is unopened and delivered within 24 hours. a. Mail is delivered directly to youth, unread but screened for contraband within 24 hours of receipt.2. Develop, implement, and monitor policy and procedure regarding a youth’s right to express grievances over withheld mail. a. Chapter 11 of the Policy and Procedures Manual.3. Increase minimum length of phone calls to 10 minutes in length. a. Phone calls have been increased to 10 minutes.4. Ensure that policies and procedures for special visitations, especially family forums, be developed, implemented, and monitored. a. DH Administration and staff support all special visitations. In fact, the standard visitation hours for DH include weekends and evening hours.5. Improve and extend a multidisciplinary programming that is responsive to the needs of detainees, such as informational and skill-building groups. a. Programming at DH has improved. DH has partnered with community groups for the provision of activities. We continuously work on developing more programs for youth. Some of the programs developed include: 1) Art Classes 2) Opio Haku Molelo was developed by a community volunteer. This all volunteer workshop works with youth on self expression through writing. 3) Drug education 4) Life Skills 5) Yoga 6) Life after Prison 7) Other events in partnership with community groups including religious groups.6. Improve positive behavior management and decrease negative behavior management. 5
  6. 6. Judiciary’s Update to the 2009 DH Report Recommendations a. The Training Coordinator is working in partnership with CAMHD to develop staff skills in evidence based approaches to dealing with problem behavior.Education1. Increase the number of mandatory instructional hours that focus on instruction in core subjects (e.g., Math, Science, Social Studies, Language Arts) so that core academic instructional time is comparable to that provided in Hawaii Department of Education secondary schools. a. Immediately following the findings, the school day at DH was established to be from 8:00 am to 2:00 pm. b. Olomana (the DOE school within DH) staff increased the number of classes to six, 40-minute periods per day. c. Olomana staff developed a voluntary after-school program that includes activities such as Chess Club, holiday crafts, computer animation, and Hawaiian Club.2. Immediately halt the practice of prohibiting youth from attending school between 1:00-3:00 p.m. as a consequence/punishment for disruptive behavior or rule violations. a. This practice was immediately halted by DH and Olomana staff.3. Use comprehensive educational screening procedures during the intake process to identify youth who may be eligible for special education. Make timely referral for SPED (Special Education Section) evaluation and requests for interim SPED services and support. a. Olomana School is addressing this recommendation.4. Increase number of full-time SPED teachers for Detention Home and ensure that that the SPED teacher-student ratio is adequate to meet the special education needs of students with Individualized Education Programs. a. Olomana School has four SPED teachers and two Educational Assistants on staff.5. Ensure that the school-based behavioral health specialist has timely access to students’ Behavior Support Plans. a. The School Based Behavioral Health (SBBH) Specialist ensures timely access to Behavior Support Plans (BSPs). SBBH added a part-time specialist to DH.6. Utilize evidence-based reading and math assessments, and administer assessments and progress monitoring within the context of a Response to Intervention model. a. Botel Inventory, STAR reading and math assessments are administered. The STAR is on list of accepted No Child Left Behind (NCLB) reading and math assessments. b. Students detained longer than 30 days are retested.7. Develop policies and procedures to ensure that each detainee receives assignments and homework from their home school. 6
  7. 7. Judiciary’s Update to the 2009 DH Report Recommendations a. Home schools are contacted on the second day of detainment. Class schedules and assignments are aligned individually to the youth.8. Assign a fulltime teacher adequately certified to provide mathematics instruction to students at the detention facility’s school. Ensure English Language Learner (ELL) and Limited English Proficiency (LEP) students’ access to ELL instruction. Ensure that the DH shop teacher is Career and Technical Education (CTE) certified. a. One teacher is in the process of acquiring certification in math. Teachers who are not certified in math are supported by mathematics master’s level certified teachers provided by the DOE.9. Develop a personally relevant and/or project based curriculum that guides instructional activities for at least one academic class period per day. Incorporate universal design principles to make the curriculum accessible to all students. a. Olomana has incorporated classes that are personally relevant or project based.9. Provide equitable educational and positive youth development opportunities to all youth regardless of gender, ethnicity, and/or disability. a. School and extracurricular activities are available to all detained youth regardless of gender, race, or disability.10. Create education opportunities for students to develop and apply skills, attitudes and behaviors of self-determination and self-advocacy, capacities that are positively correlated with improved transition outcomes. a. School and extracurricular activities are available to all detained youth regardless of gender, race or disability.11. Investigate funding sources to enhance students’ access to, and instruction in the use of technology. a. Olomana School provided 11 new computers, a LCD projector and ELMO presenter for use by DH students. Extracurricular activities include computer animation class.Training and Supervision of Employees, Restraints, Isolation, Due Processand Grievances, Safety1. Upgrade staffing qualifications and salaries. a. Measures have been taken to improve the caliber of staff. An additional component has been added to the pre-employment screening process which consists of a video testing product developed by Ergometrics and Applied Personnel Research, Inc. Two test components of the Impact Video Testing Product for Juvenile Justice Programs are being utilized. The first component evaluates line workers in such areas as: Supportive Approach; Strong Adult Presence; Motivation and Building Self-Esteem; Emotional Self-Control; Professional Boundaries; Placing High Priority on Youth; Relations with Co- Workers; Juvenile Officer Standard Reading Level. The second component is the Impact Promote that assesses the candidate=s ability for supervisory roles in a juvenile justice program. The test covers: Managing Performance; 7
  8. 8. Judiciary’s Update to the 2009 DH Report Recommendations Training/Career Development; Interpersonal Relations with Staff and Customers; Reliability/Integrity; Communication; Managing Conflict; Managing Change; Changing Role to Supervisor; Working with Management; Discipline and Managing Difficult Employees; Team Development/Delegation; Prioritization/Effective Use of Resources.2. Review and decrease excessive use of overtime. a. The Judiciary has responded by adding additional positions and creating intermittent positions.3. Implement the new training manual developed for the National Juvenile Detention Association immediately. a. The Training Coordinator has implemented the HHJDF Behavioral Management Plan and the Handle with Care Curriculum.4. Develop policies and procedures ensuring that staff has adequate pre-job and follow- on training, and monitor implementation of training program and staff participation. a. Completed, Chapter 4: Training and Staff Development. This chapter is in the process of being sent to the union for consultation.5. Greatly increase the quantity and quality of staff supervision, interaction between administration and staff, and frequency of staff meetings; establish continuous quality improvement monitoring of supervision at facility. a. HHJDF Administration is continuously working at improving in this area. They have supervisory meetings and encourage open communication between staff and administration.6. Develop an adequate grievance process for youth and staff, ensure ability to submit anonymous complaints about staff misconduct, and monitor effectiveness of administration‘s response to each grievance in terms of continuous quality improvement for youth voice and staff development. a. Completed. Chapter 11: Juvenile Rights. Further, staff have the ability to process grievances through the grievance procedure provided for in their respective collective bargaining agreements (CBA); and for issues that may not fall within the confines of the CBA, the Judiciary’s Internal Complaint Procedure.7. Develop, implement, and monitor policies and procedures regarding reporting of child abuse, incidence reporting, and complaint reporting. a. DH has always had written policies and procedures regarding child abuse and complaint reporting. A memorandum dated August 27, 1987 is still in effect.8. Greatly increase, both qualitatively and quantitatively, staff training in response to aggressive youth, including use of restraints, chemical agents, and physical force. a. Chapter 4, Training and Staff Development. The Judiciary established a permanent training coordinator position. This person is responsible for the training program which specifically addresses these issues.9. Develop, implement, and monitor policies and procedures regarding various forms of restraints. 8
  9. 9. Judiciary’s Update to the 2009 DH Report Recommendations a. Completed, Chapter 9. Security and Control. DH does not use chemical restraints.10. Collaborate with the Honolulu Police Department and the Sheriff’s Office to develop a policy regarding least restrictive means necessary for youth transport. a. Honolulu Police and the Sheriff’s transport youth in accordance with applicable agency policy and procedure.11. Ensure isolation is not used punitively, does not occur for lengthy periods, and is appropriately used. a. Isolation is rarely used at Kapolei and is no longer used for punishment or in any inappropriate way.12. Conduct a mental health review of the practices of isolation, voluntary time-out, and room confinement to develop guidelines and alternative practices; ensure active involvement of mental health professionals in monitoring current isolation and reviewing past isolation incidents. a. Completed, in partnership with CAMHD.13. Ensure that all youth clearly understand the rules of the facility, consequences of violating them, and how to appeal a punishment or file a grievance; implement oversight of an adequate and formal due process procedure for disciplinary procedures and ensure it is used to support youth. a. Completed. Chapter 11, Juvenile Rights. The youth are advised of their rights upon intake and rules are posted in the living modules. DH staff is working on a handbook.14. Develop adequate policies and procedures regarding use of corporal punishment, isolation, and work detail; ensure regular continuous quality improvement monitoring of all incidents and the grievance process to make positive changes in the facility. a. The staff do not employ corporal punishment, rarely use isolation, and have eliminated work detail. b. The facility has created an open door practice for dealing with grievances and provides language translators to assist non-English proficient youth.15. Develop policies and procedures for meeting the special safety needs of LGBT and other at-risk youth. a. Completed. Chapter 11: Juvenile Rights. b. Training on LGBT youth has been provided in response to this recommendation. This will be an on-going training topic.16. Develop improved safety-related policies, procedures, training and supervision in all areas, e.g., continuous surveillance of all key areas, assault reporting, restraint training and supervision, etc. a. Completed, Chapter 9: Security Control and Supervision. b. The Kapolei facility has video surveillance of all key areas of the facility. The recorded surveillance tapes are secured with access only by Administration.17. Develop policies and procedures regarding security measures, including that HPD officers deposit firearms in a lock box when entering the facility. 9
  10. 10. Judiciary’s Update to the 2009 DH Report Recommendations a. The Kapolei Facility has gun lockers located in the sally port and DH entrance for HPD officers to safely secure their weapons.ConclusionsThe 2009 self-assessment team summarized the data into major subject areas in an effort toprioritize the areas for corrective actions. Four specific categories were identified: 1) policyand procedures; 2) training, supervision, and quality assurance; 3) health, education, andmental health services; and 4) programming and transformation of the milieu from custodialto rehabilitative.Policy and ProceduresAs evidenced by the findings, the undated policies and procedures manual did not conformto current professional standards. The team recommended that the Judiciary completelyrevise its policies and procedures governing the administration and operations at HaleHo`omalu. • The Chief Court Administrator and Senior Family Court Judge formed a “policy and procedures workgroup” and immediately deployed resources (3 program specialists and other staff) to update the policy and procedures manual. • All policies and procedures are written to conform to standards published by the American Correctional Association (juveniles), JDAI, and the Prison Rape Elimination Act (PREA). ACA, JDAI, and PREA professional standards are comprehensive and constitute the best practices in the field. • The update includes 13 chapters with multiple subchapters. All the chapters and subchapters have been completed and are now in different stages of implementation. Five chapters have been approved by the Union and are currently being implemented: 1) Emergency Response; 2) Food Service; 3) Security Control and Supervision; 4) Intake and Admissions; and 5) Juvenile Rights. The remaining chapters are in the process of being transmitted to the union for consultation.Training and SupervisionTraining of staff was assessed to be inadequate. The assessment team concluded that thenew training manual developed by the National Partnership for Juveniles Services (NPJS)should be implemented immediately to ensure the safety and well-being of youth in theircare. • The Judiciary created a permanent full-time Training Coordinator position at Hale Ho`omalu who is responsible for developing training curricula and training of staff. • The Training Coordinator updates the HHJDF training manual to ensure that the training of staff includes the most current practices and techniques. JDAI professional standards have been included in the manual. The trainer trains using the Handle with Care program. • Measures have been instituted to improve the qualifications of staff working directly with detained youth. Also, new hires are trained and oriented prior to working in the modules or are trained as soon as possible (some training requires training in a group format). 10
  11. 11. Judiciary’s Update to the 2009 DH Report RecommendationsEducation, Health and Mental Health Services:The team noted that accountability for services provided by staff in these core areas isunclear in relation to the detention population. Health and mental health services are piecedtogether resulting in a fragmentation of services. Each agency reviewed therecommendations and instituted corrective actions. This self-assessment process was thecatalyst for unifying staff in all core areas. Some of the significant changes include: • The DH instructional day conforms to the legal requirement of the DOE and significant strides have been made to ensure that in-custody instructional services meet the individual needs of detained youth. The facility has a computer lab where youth have access to new computers and a fully equipped shop. • The staff developed an After School Program for detained youth. • Nursing coverage has been increased to include weekend and nighttime hours, and there is 24/7 on-call physician services. • Mental health staffing has been increased to include additional on-site clinical services by licensed professionals. • Coordination between agencies and cross training of staff has been achieved through this collaborative model.Programming:The Superintendent of Hale Ho`omalu convened a task force comprised of staff,stakeholders, and the community to assist in the development of in-facility programs. Thishas resulted in additional programs and activities for youth ranging from manicures to self-expression.The Judiciary has invited the 2009 facility self-assessment team to assist with the 2011 self-assessment process. This quality assurance process provides a foundation from which wecontinuously strive to improve the conditions of confinement in collaboration with other childserving agencies and the community. 11