4 Preventing, Detecting, and Responding to Sexual Abuse and Harassment

Question 1

Can an act be considered sexual abuse or sexual harassment if the perpetrator is a minor, but not a UAC?

Answer 1

Yes, an minor perpetrator can include another UC, childo or youth aat the same facility.

Question 2

Can an actby considered sexual abuse or harassment if the act is by a UC on a care provider staff memeber

Answer 2

The definitions are intended to be broad to ensure safety and wellbeing of UC in the car eof ORR, but acts on staff do not fall under those definitions. Care providers should still report those incidents, but the care provider may need ot report the incident to ORR as a SIR as a behavioral incident

Question 3

Can an act that occurred between 2 UC fall under the definition of sexual abuse oif both claim it was consensual?

Answer 3

The definitions do not distringuish between consesnsual and nonconsesnsual acts

Question 4

Sexual Abuse Coordinator and Compliance Manager

Answer 4

they overssee compliance wtih the interim final rule and related policies and procedures at care provider facilities. There must be a complaince manager at every care provider facility

Question 5

Ways applicants could be screened to find appropriate staff

Answer 5

give open-answer responses, sign a document, share codes of conducts, conduct in-depth personal interviews, include at least one personal reference, add professionsal references, ask about previous misconduct

Question 6

who must complete a backgound check?

Answer 6

Basially anyone working with children, from volunteers to staff. Attorneys do not need ot complete background check, nor do meidcal and mental health profssionals, though they must have up-to-date state licenses

Question 7

What must background checks include?

Answer 7

1. An FBI fingerprint check of national and state criminal history repositories
2. A CPS check with the staff’s States of US residents for the last five years
3. Background investigation updates a minimum of every five years, or more frequently as needed.
4. Any other state licensure requirements

If these components are not completed, care providers must notifer ORR’s prevential of sexual abuse coordinators

Question 8

background check findings that limit hiring

Answer 8

if anyone has ever had inappropriate sexual behavior, they cant be hired. If theyve perpetrated a crime against a child in the last ten years, they also cant be hired

Question 9

If someone was convicted of other crimes that dont prevent hiring, the following nine items should be considered:

Answer 9

1. The relationship between incident and type of employment or service the applicant will provide
2. Applicant’s employment or volunteer history before and after the incident
3. Applicant’s efforts and success at rehabilitation
4. The likelihood the incident would prevent the applicant from perfromaning responsibilityies in a manner cosnistent with safety of UC
5. Circumstances or facotrs indicating the incident is likely to be repeated
   6, Nature, severity, number and consequences of indicidents disclosed
6. Cicrcumstances ssurrounding each indcidents