Perf-Based Stds, Juvenile Correctional Facilities, 5th Ed_DEC 2024

Part 7: Administration and Management

Legal Assistance 5-JCF-7D-05 (Ref 4-JCF-6D-05)

Procedures specify the circumstances and methods for the facility administra tor and other staff to obtain legal assistance, as needed in the performance of their duties Comment : Qualified legal assistance is necessary to ensure that policy and proce dures are consistent with relevant court decisions. Legal counsel can also advise on meeting statutory and court requirements, institutional operations, and individual cases, and provide representation before courts and other bodies. Counsel should be readily available. Protocols : Facility policy and procedures. Process Indicators : Documentation of written requests and responses for legal as sistance. Sexual harassment and discrimination is specifically prohibited. All staff are trained in the specific process to be followed and the designated staff to whom incidents of sexual harassment or discrimination should be reported Receipt of training provided to staff, contractors, and volunteers is documented Comment : The objective of a workplace that is free from all forms of discrimina tion, including sexual harassment, requires a policy clearly indicating that sexual harassment, either explicit or implicit, is strictly prohibited. Employees and agents of the facility, including volunteers, contractors, and vendors, must be advised they are subject to disciplinary action, including dismissal and termination of contracts and/or services, if found guilty of sexual harassment charges brought by employ ees or juveniles. Protocols : Written policy and procedure. Process Indicators : Employee code of conduct; training records; staff interviews. There is a mechanism to process requests for reasonable accommodation for the known physical and/or mental impairments of a qualified individual with a disability, either an applicant or an employee The accommodation need not be granted if it would impose an undue hardship or direct threat Comment : Reasonable accommodation refers to modifications or adjustments that enable qualified applicants with disabilities to access the job application process or that enable qualified employees with disabilities to perform the essential functions of the job and to enjoy the same terms, conditions, and privileges of employment that are available to persons without disabilities. An undue hardship means signifi cant difficulty or expense. Direct threat means a significant risk of substantial harm

Sexual Harassment and Discrimination 5-JCF-7D-06 (Ref 4-JCF-6D-06)

Reasonable Accommodation 5-JCF-7D-07 (Ref 4-JCF-6D-07)

156 Juvenile Correctional Facilities, Fifth Edition