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In secure juvenile facilities, must security staff be present during medical and mental health assessments and consultations for purposes of meeting the minimum staffing ratio requirements? Also, must security staff be present during clinical group therap

June 20, 2018

In secure juvenile facilities, must security staff be present during medical and mental health assessments and consultations for purposes of meeting the minimum staffing ratio requirements? Also, must security staff be present during clinical group therapy sessions?

If the medical or mental health assessment, consultation, or group therapy session is conducted by a medical practitioner or mental health practitioner and such services require, pursuant to that practitioner’s license or certification, patient-practitioner confidentiality, then security staff need not be present during these services. The absence of security staff during the provision of these services will not be considered a violation of the minimum staffing ratio requirement in PREA Standard 115.313(c). However, the PREA Standards also do not prohibit the presence of security staff.

Who counts as a medical practitioner, a mental health practitioner, and security staff pursuant to the PREA Juvenile Facility Standards?

Medical Practitioner is defined as a “health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of his or her professional practice.” See PREA Standard 115.5. Examples of such practitioners may include L.P.N., R.N., B.S.N., P.A., N.P., M.D., etc.

Mental Health Practitioner is defined as a mental health professional who, by virtue of education, credentials, and experience, is permitted by law to evaluate and care for patients within the scope of his or her professional practice.” See PREA Standard 115.5. Examples of such practitioners may include L.C.S.W., LPC, Psy.D., etc.

Security Staff is defined as “employees primarily responsible for the supervision and control of… residents in housing units, recreational areas, dining areas, and other program areas of the facility.” See PREA Standard 115.5. In another FAQ, the Department of Justice explains that certain additional categories of staff not typically thought of as “security staff” may also be included in the minimum staffing ratios under certain conditions.

See https://www.prearesourcecenter.org/node/3254. For the Department of Justice’s FAQ on how auditors evaluate compliance with the minimum staffing ratios, see https://www.prearesourcecenter.org/node/5414.

Definitions
Staffing Ratio
115.5
115.13