Farrell v Tilton Ca Cya Djj 5th Sm Report App E 2007

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Farrell v Tilton Ca Cya Djj 5th Sm Report App E 2007

• Topics: Juveniles, Juvenile Prisons

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CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION
DIVISION OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Annual Auditor's Report
Introduction
This report represents the second auditing report by the Disabilities Expert and Auditor, Logan
Hopper, in response to the Consent Decree entered in the matter of Farrell v. Tilton. The Consent
Decree requires that the Disabilities Expert visit each of the eight DJJ correctional facilities during
each fiscal year and report on the progress DJJ is making in the implementation of the Wards with
Disabilities Program (WDP) Remedial Plan, filed with the Court on May 31, 2005. From October,
2006, through June, 2007, the Disabilities Auditor visited these facilities in the following order:
O.H. Close Youth Correctional Facility
N. A. Chaderjian Youth Correctional Facility
El Paso de Robles Youth Correctional Facility
Ventura Youth Correctional Facility
Heman G. Stark Youth Correctional Facility
Preston Youth Correctional Facility
Dewitt Nelson Youth Correctional Facility
Southern Youth Correctional Reception Center and Clinic
Division of Juvenile Justice Headquarters
At each facility visited, the Disabilities Auditor completed an evaluation of the facility's compliance
using the approved Disabilities Auditing Instrument, dated May 31, 2005. After each visit, the
Disabilities Auditor prepared and submitted to the Office of the Special Master a detailed report
providing the compliance rating and a commentary on the implementation progress for each item.
Executive Summary
At the most basic level, two separate but related components with respect to implementation of the
WDP Remedial Plan appear to have evolved.
The first component involves the formation and implementation of a formal WDP program at each
facility, as well as the supervision and coordination of DJJ's departmental efforts to comply with the
plan. This component revolves around the filling of the WDP Coordinator positions at each facility
and headquarters. For some facilities, this is the second fiscal year with an active WDP Coordinator,
while others have had the position filled only during this fiscal year. Therefore, the extent to which
the program has progressed at each facility is almost directly proportional to the length of tenure of
the WDP Coordinator.
However, despite the varying degrees of experience with the details of the program, the actions of
these WDP Coordinators represent one of the strongest aspects of the WDP Program. As a whole,
the Disabilities Auditor would give the highest commendation to these individuals for their
demonstrated dedication, knowledge, and effectiveness in undertaking the many difficult tasks
involved in the WDP implementation. As the departmental WDP Coordinator, Karen Smith is
believed to be performing her duties in an exemplary manner and has trained and provided many of
the necessary skills to the facility WDP Coordinators. (It should be noted that her duties have been
hampered by the lack of an assistant for much of the past fiscal year, although that position has
recently been filled and should allow her more time to provide more efficient supervision.) The
facility WDP Coordinators are eight different personalities who go about their tasks in very different
June 25, 2007, revised July 27, 2007

Page 1 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan

Annual Auditor's Report

ways, but they have all demonstrated remarkable patience and skill in setting up processes that
should work well over time for their unique facilities.
As a result of their combined efforts, the WDP program as an entity is becoming established (albeit,
to varying degrees) at the facilities. The execution of basic WDP tasks, such as overseeing the Staff
Assistant teams, providing individualized assistance to wards with disabilities, and monitoring the
disciplinary and grievance systems, has made significant strides in accomplishing some of the goals
established by the plan. Documentation of compliance efforts, as required by the remedial plan and
otherwise necessary to proceed effectively with the auditing tasks, are moving forward, although
standardization of these efforts is still needed. It should also be noted that the WDP staff has been
very receptive to specific recommendations made by the Disabilities Expert for improving reports
and activities, and this cooperation has been appreciated.
The second component involves the coordination of required WDP Remedial Plan elements into the
day-to-day operations by all facility staff, particularly those in supervisory positions. The WDP
Remedial Plan is a complex and comprehensive document that touches upon all operations of the
DJJ as it relates to wards, since the overriding goal is for wards with disabilities to be integrated with
and receive equal treatment and services consistent with those provided to all wards. In general,
facility Superintendents are believed to be knowledgeable about and cooperative toward the goals of
the remedial plan (again, to varying degrees). Organizationally, the WDP Coordinator is placed
below a high ranking supervisor at each facility (usually either the Program Administrator or a
Treatment Team Supervisor), who assists the WDP Coordinators in procedural and operational
matters. All of these supervisors also deserve high commendation for exceptional commitment
toward making the implementation of the plan filter into the various disciplines and departments.
However, it is with staff separate from this supervisory level that the understanding and commitment
to WDP Remedial Plan goals and objectives, not to mention the everyday requirements and tasks,
begin to be sporadic. DJJ organizational structure places various programs and activities under
separate "departments" that are often beyond the control and authority of the WDP Coordinators and
their supervisors. Full cooperation and coordination from all staff has been difficult, and the lack of
such has been the major impediment to more significant progress. Beyond that, many DJJ staff are
not aware of the details of the WDP Remedial Plan's requirements, or that these requirements even
relate to their activities. Even more problematic, some do not echo the same commitment to its goals
as those more closely affiliated with the WDP itself. Despite the facility WDP Coordinators'
attempts to depict their role as a valuable resource in providing improved services to all wards,
including wards with disabilities, too many other staff see them (and the program) as intrusive to the
way that they perceive their program should operate. Although the departmental ADA Coordinator
has been proactive and initiated ADA and sensitivity training at all facilities for staff members who
are more closely involved with implementation of the plan, the lack of comprehensive ADA and
sensitivity training to all staff, as required by the plan, is most likely a contributor to this
phenomenon. It is hoped that this curriculum can be approved by the Office of Training and
Professional Development in the near future and that the training can proceed for all staff, including
new hires, during the next fiscal year, to help to alleviate these issues.

June 25, 2007, revised July 27, 2007

Page 2 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan

Annual Auditor's Report

The first Auditor's report indicated that a major reason for not meeting some expected timelines
centered largely on administrative changes from the somewhat autonomous former California Youth
Authority to the current Department of Juvenile Justice, a part of the larger California Department of
Corrections and Rehabilitation. While long-term efficiencies are still expected as part of this
reorganization, it was noted in last year's report that short-term policies and procedures were more
difficult to implement, and unfortunately, this continues to be the case.
The sections that follow summarize the successful implementation actions taken by the DJJ, as well
as pinpoint some of the areas where more focus is needed, together with some recommendations
intended to improve progress in these areas.
Wards with Disabilities Identification and Accommodation
During the second round of visits, facilities used various methods and achieved differing results in
attempts to identify, classify, and assign appropriate accommodations to wards with disabilities. At
some facilities, staff struggled with what they felt was a lack of clear direction from headquarters on
this process. At other facilities, staff forged ahead using their best, reasonable efforts to implement
this difficult process, and the results were laudable. During the last few months, headquarters has
made progress on completing assessment and identification criteria and tools, although the
Disabilities has not formally reviewed these criteria and procedures. The next round of monitoring
will focus on the implementation of these procedures to monitor their effectiveness and usability.
Staff Assistants for Wards with Disabilities
The WDP Remedial Plan requires the establishment of staff assistants (SA's) at each facility, for the
purpose of assuring that reasonable accommodations are provided to wards during disciplinary and
grievance procedures, Board hearings, parole planning, and other specified activities. These SA
teams are now set up and active at all facilities, with some teams having greater participation than
others. Meetings with these teams were held at most facilities, and they are believed to be
committed and enthusiastic in the tasks before them.
Physical Accessibility Modifications
The WDP Remedial Plan requires more comprehensive architectural modifications during the second
year of the plan, and DJJ has been effective at completing most of the required modifications, as well
as proactive in completing smaller projects ahead of schedule.
ADA Staff Training
The WDP Remedial Plan requires that staff training be completed by the end of May 2006 (within 12
months of adoption of the WDP Plan). A training module for sensitivity training, discrimination, and
harassment has been developed. I would recommend that a disability advocacy agency be consulted,
as required by the remedial plan, to assist in not only developing the final curriculum elements but
also as a means to proceed with the comprehensive staff training, which due to strenuous time
commitments, may be beyond the ability of the departmental WDP Coordinator to perform alone.

June 25, 2007, revised July 27, 2007

Page 3 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan

Annual Auditor's Report

WIN Information Systems
DJJ has worked steadily to upgrade its computerized ward record-keeping system, referred to as the
WIN system. The remedial plan requires that various types of information about wards with
disabilities, including the nature of any disabling condition and any reasonable accommodations
necessary to provide services and programs to a specific ward, be readily available to staff. It
appears that DJJ has made reasonable progress to this end, but the required items of information
relating to wards with disabilities that are currently available should be incorporated into the WIN
system, and staff should be trained to access this information, as soon as possible.
Coordination with Special Work Groups and other Remedial Plans
The WDP Remedial Plan contains a number of activities that require this type of coordination, but
with no specific schedule for implementation. These required activities include: (1) a special
educational working group to make recommendations regarding improvements to IEP
accommodations and parent participation, (2) a special working group to study and provide
recommendations for residential programs for wards with developmental disabilities, (3)
coordination with those working on the health care remedial plan to document the inclusion of
several specific items for wards with disabilities, (4) a special working group and coordination with
the mental health experts to study the effects of certain psychotropic drugs on wards, and (5)
coordination with safety and welfare issues for wards with disabilities, as they would be included in
the safety and welfare remedial plan. To date, only the working group described in (1) above has
occurred, and this group is hopefully proceeding to resolve the outstanding issues. The other
working groups are scheduled to begin work this summer.
Educational Issues for Wards with Disabilities
There is overlap between the requirements of the WDP Remedial Plan and educational services,
particularly in the area of educational services for wards with disabilities enrolled in special
education programs. The educational experts have discussed the issue of reduced school
participation, and since many wards with disabilities are housed in special treatment or restrictive
programs, this situation tends to negatively affect educational services for these wards to a
significant degree. I would recommend that remedial strategies developed by the educational experts
be implemented to improve the number of hours of instruction for these wards. Also, monitoring
activities indicated some consistent problems in the preparation of high school graduation plans and
individualized education programs (IEP's). I would recommend particular attention to the
requirements of the WDP Remedial Plan, such as the use of staff advocates (possibly using trained
Staff Assistants from the SA teams) prior to and during IEP meetings, to resolve these issues.
Report respectfully submitted,
______________________________________
Logan Hopper, Disabilities Expert and Auditor

June 25, 2007, revised July 27, 2007

Page 4 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE

Wards with Disabilities Program Remedial Plan
Annual Auditor's Report

Facility Compliance Chart
This chart represents the combined auditing report for the second round of site visits during the 2006-2007 fiscal year to the eight DJJ correctional facilities
and Headquarters by the Disabilities Auditor, Logan Hopper. Facilities are listed in the chart using the following abbreviations:
DN DeWitt Nelson Youth Correctional Facility
Ven Ventura Youth Correctional Facility
Pas El Paso de Robles Youth Correctional Facility
HS Heman G. Stark Youth Correctional Facility
Cha N.A. Chaderjian Youth Correctional Facility
SY Southern Youth Correctional Reception Center and Clinic
Clo O.H. Close Youth Correctional Facility
Pre Preston Youth Correctional Facility and Reception Center
HQ Headquarters
The reports attempted to determine a general level of compliance for the applicable items from the disabilities remedial plan and the disabilities audit
instrument, using the following codes:
SC = Substantial Compliance; PC = Partial Compliance; NC = Non-Compliance; NAv = Not Available, -- = Not Applicable.
SC* = Second consecutive "Substantial Compliance" rating; the Auditor recommends no further independent auditing, but rather continuing
auditing by the Departmental WDP Coordinator.
Item

Method

Ven

Headquarters
I. Directorate
Maintain a current copy of
Verify current copy is
--the Wards With Disabilities
retained.
Program Remedial Plan in
the Director’s office.
A. Departmental Ward Disability Coordinator & Functions
Verify positions are in
--By October 2005, establish
place and filled.
and maintain a full-time
Departmental Wards with
Disabilities Program (WDP)
Coordinator and analytical
staff to develop, support,
lead and manage a quality
program.

June 25, 2007, revised July 27, 2007

Pas

Compliance Rate
HS Cha SY Clo

Pre

Comments / Recommendations

SC*

A current copy of the Wards With
Disabilities Program Remedial Plan was
present in the Director’s office.

At the present time and throughout the
fiscal year, Karen L. Smith has been the
full-time Departmental WDP
Coordinator, and Maria Correa is
currently the full-time WDP Assistant,
with other staff being available as
needed.

Page 5 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item
Ensure duty statement
encompasses all
Departmental WDP
Coordinator duties as
defined in the WDP
Remedial Plan.
The WDP Coordinator shall
perform the oversight
functions as set forth in the
WDP Remedial Plan.
Establish and maintain fulltime WDP Coordinators at
each facility by February
2006.
The Departmental WDP
Coordinator will develop a
standardized emergency
announcement protocol by
December 2005.

Method
Review duty
statement.

Review
documentation
maintained by the
Departmental WDP
Coordinator.
Verify positions are in
place and filled.
Review emergency
announcement
procedures to ensure
procedures are in
place to provide the
needed assistance for
wards w/ disabilities.
Determine timeliness
of announcement.

June 25, 2007, revised July 27, 2007

Annual Auditor's Report
Compliance Rate
HS Cha SY Clo
-----

DN
--

Ven
--

Pas
--

Pre
--

HQ
SC*

SC*

Comments / Recommendations
Karen L. Smith has signed appropriate
duty statements for the Departmental
WDP Coordinator positions.

Karen L. Smith is believed to be
performing the required oversight
functions.
Each facility currently has an active
WDP Coordinator in place.

Karen Smith completed a draft
emergency announcement protocol in
November, 2006, but it has not yet been
approved by the DJJ. A preliminary
review by the auditor indicates the
protocol to be acceptable, with a
recommendation to include more
specificity on the assistance necessary
for wards with physical and psychiatric
disabilities.

Page 6 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item
The Departmental WDP
Coordinator shall ensure that
a WDP report is completed
monthly, quarterly and
annually for each site.

Method
Review monthly,
quarterly and annual
reports for
completeness.

In conjunction with the Health
Care Transition Team, Medical
Experts and Disabilities Expert,
prepare an “action plan” for wards
with mobility or other physical
impairments to integrate with the
general population as soon as
medical issues are resolved,
including determining the most
physically accessible locations
available and making the barrier
removal improvements required on
a timely basis.

June 25, 2007, revised July 27, 2007

Audit to
determine
implementation
and review
documentation
to ensure
compliance.

Annual Auditor's Report

DN
SC

Ven
SC

Pas
SC

Compliance Rate
HS Cha SY Clo
SC SC SC SC

Pre
SC

HQ
SC

Comments / Recommendations
WDP Coordinators' monthly reports
have been prepared for most of the fiscal
year, and at all facilities within the last
six months. Some facilities use only the
basic "population" report, while others
have progressed to an expanded format
that includes more information on the
services actually provided to wards with
disabilities, as well as information on
wards with disabilities grievances,
disciplinary actions, and those placed in
restrictive settings. It is assumed that
these reports are combined to form an
overall monthly report, although these
have not been submitted to the Auditor.
DJJ as a whole has completed quarterly
reports, with the April, 2007 report
being sent to the Auditor by the Office
of the Special Master.
This consultation has not yet occurred,
nor has an appropriate "Action Plan"
been developed.

Page 7 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

In conjunction with the Health
Care Transition Team, the Mental
Health and Medical Experts, and
Disabilities Expert, ensure systems
are in place to monitor the use of
psychotropic prescriptions and
medications including SSRI’s for
wards under the age of 20.
The CYA shall conduct annual
compliance reviews of the courtapproved Disabilities Program
Remedial Plans in all CYA
facilities to monitor compliance
with the Remedial Plan, to ensure
that wards with disabilities are
being effectively identified, to
ensure that the needs of those
wards are being met and to
reassess and reevaluate the level of
staffing and training needed to
comply with the Remedial Plan,
commencing in the 2006 calendar
year.
Within six months of the
court approval and adoption
of this plan the Department’s
Ward Disability Program
Coordinator will receive a
higher level of training
provided by qualified
trainers/consultants from
outside the Department as
recommended in Section 5.1
of the Expert’s report.

Audit to
determine
implementation
and review
documentation
to ensure
compliance.
Verify
completion of
annual
compliance
reviews.

Review the outside
consultants training
material to determine
compliance with the
requirements
contained in the WDP
Plan. Review and
confirm training
schedule to ensure all
individuals complete
the required training.

June 25, 2007, revised July 27, 2007

Annual Auditor's Report
Compliance Rate
HS Cha SY Clo
-----

DN
--

Ven
--

Pas
--

Pre
--

HQ
NC

Comments / Recommendations
This consultation has not yet occurred,
nor has a systematic approach for
monitoring psychotropic medications
been presented to the Auditor.

The DJJ completed its last quarterly
report on about April 30, 2007. It is
believed that this report forms a part of
the annual report required by this item,
although the annual report may not be
required until the end of this (2007)
calendar year. "Corrective Action
Plans" covering the 06/07 fiscal year
and the second round of facility audits
have been completed and submitted to
the Auditor for three of the nine
facilities. Quarterly or annual reports
have not typically provided assessments
of the level of staffing and training
needed to comply with the WDP
Remedial Plan.
Karen Smith has attended several
training sessions, both in-house and
from a national ADA coordinator's
association. While these have been
helpful in meeting the training goals, we
have jointly discussed some additional
training resources and have agreed to
continue discussions of what other
trainings may be helpful.

Page 8 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item
Develop the Disability
Health Services Referral
Form.

C. Headquarters Policies
The CYA shall procure two
wheelchair accessible vans
to transport wards with
disabilities by July 2006.

Method
Monitor for
completion by
December 2005.

Review purchase
orders (PO) (STD 65)
to confirm purchase
and within established
timeline.

June 25, 2007, revised July 27, 2007

Annual Auditor's Report

DN
--

Ven
--

Pas
--

Compliance Rate
HS Cha SY Clo
-----

Pre
--

HQ
PC

Comments / Recommendations
A form entitled "Health Care Services
Request" has been developed by Health
Care Services and submitted to the
Auditor. The form was not used by
facilities during the monitoring visits, as
it was only recently finalized as part of
the of the Health Care Services policy.
It is unclear if this form meets the intent
of the WDP Remedial Plan (page 6),
since the plan seems to indicate that the
Disability Health Services Referral
Form is only used for disability-related
referrals. It is our understanding that the
new form is to be used for a ward's selfreferral, and that staff will use the WIN
system for staff referrals. Further
review by the parties may be needed,
and further monitoring is necessary to
determine if the form (and other
methods, such as the WIN system) is
used effectively for referrals.
DJJ has submitted substantial evidence
that the two vans have been "procured",
although they have not actually been
delivered and are not yet in use.
Documentation of delays in chassis
production by the manufacturer
indicates that DJJ is not responsible for
the delays in full implementation.

Page 9 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

Annual Auditor's Report

DN
--

Ven
--

Pas
--

Compliance Rate
HS Cha SY Clo
-----

Pre
--

HQ
PC

By July 2006, the
Department shall develop
and maintain system that
documents the mental &
physical impairments of
wards with disabilities and
any reasonable
accommodations.

Audit to determine
implementation
within the given
timeframe and review
documentation to
ensure compliance.

The Department shall ensure
that wards with disabilities
have access equal to nondisabled wards in all levels
of care within the youth
correctional system.

Review 10% of
placements and all
level of care for wards
with disabilities.

Review 10% of
placements and
access to special
programs for wards
with disabilities.

On-going audit.

All wards under the
jurisdiction of the CYA shall
be given equal access to all
programs, services and
activities offered by the
Department. Programs,
services, and activities shall be
offered in the least restrictive
environment, with or without
accommodations.
Establish policies to assure
that placement of wards with
disabilities into restrictive
programs is not based either
directly or indirectly on a
ward’s physical or mental
disability, or on manifestations
of that disability.

June 25, 2007, revised July 27, 2007

Comments / Recommendations
The monthly reports adequately (though
not systematically) document the actual
mental and physical impairments of
wards at an aggregate, but not
individual, level. The specific
accommodations are less formally
documented, varying by facility. DJJ
has been working on comprehensive
documentation through the WIN system
upgrades and is believed to be close to
completing the task.
Reviews of random files did not indicate
any specific lack of equal access. It has
been previously recommended that the
Department prepare a documentation
form to aid in assurances of equal
access, but this has not yet been
accomplished.
Reviews of random files did not indicate
lack of equal access to special programs.
It has been recommended that the
Department prepare a documentation
form to evaluate the least restrictive
environment requirement (see above).

It is recommended that specific policies
and procedures be documented in
writing to evaluate a ward's (with or
without a disability) placement into any
restrictive program.

Page 10 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item
By December 2005, the
Education Branch shall
establish a working committee
consisting of the Disability
Expert, one Education Expert,
the SELPA Director and the
Manager of Special Education
to study and make
recommendations to improve
the adult ward’s and parents’
meaningful participation
during IEP meetings, to
encourage more active
participation, and to provide
informational materials for
parents and/or surrogates.
The Education Branch
working committee shall also
study the need for and evaluate
the ability of the various public
or private groups or agencies
to assist with the means of
attending IEP meetings for
parents. (This is not be
interpreted as requiring the
Dept. to provide such means.)
The Education Branch
working committee shall also
study the need to include a
wider variety of individualized
accommodations in IEP’s.

Method

Annual Auditor's Report
Compliance Rate
HS Cha SY Clo
-----

DN
--

Ven
--

Pas
--

Review
recommendations
and provide support
if applicable.

Review
recommendation
develop appropriate
implementation
plans.

Review recommendations and develop
appropriate
implementation
plans.

June 25, 2007, revised July 27, 2007

Comments / Recommendations

Pre
--

HQ
SC

The working committee has been
established and has met several times,
although no final recommendations have
yet been made.

Page 11 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

Review
In consultation with the disabilities
documented
expert, the CYA will conduct a study
study for
regarding the need for a residential
meeting
program for wards with certain
timeline and
developmental disabilities. The study
evaluate
will commence within 6 months from
recommenthe date that the Disabilities Remedial
dations.
Plan is filed with the court.
Visit
The visiting facility at Ventura is
locations
currently under construction & will be
to
fully operational by 1/06. The new
determine
facility at Preston will be fully operational and safe for all wards, visitors and completion/level
staff by July '06. The CYA will confer
with the Disability Expert to explore and of operation by
implement, as appropriate, interim
solutions to address architectural barriers estabat the existing Preston visiting area until lished
dates.
new facility is opened by 7/06.
Review needs
The CYA shall conduct a needs
assessment and
assessment and prepare
training
Department wide disability
materials.
training materials, with the
assistance of an outside disability
advocacy organization or
consultant, in consultation with the
Disability Expert, by June, 2006.

June 25, 2007, revised July 27, 2007

Annual Auditor's Report
Compliance Rate
HS Cha SY Clo
-----

DN
--

Ven
--

Pas
--

Comments / Recommendations

Pre
--

HQ
NC

Even though some additional
accessibility improvements have been
made to these two facilities, these two
new visiting facilities are not yet staffed
or operational.

CSU Chico prepared a basic outline for
how the training should be developed. A
course curriculum for sensitivity &
awareness portions of the training has
been developed and reviewed by the
Disabilities expert, with some pending
recommendations, but has not yet been
approved by the Office of Training and
Professional Development. It is still
recommended that an outside (nonState) disability advocacy agency be
consulted, as required by the remedial
plan, to assist in developing the final
curriculum for all training modules. The
departmental ADA Coordinator has
initiated training at all facilities, despite
the lack of formal curriculum approval.

This consultation and the resulting study
have not yet occurred.

Page 12 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

Review screening
The CYA shall develop a
tool to ensure
screening tool to assess the
validation. Ensure
current ward population in
that the assessment
order to identify any
is completed within
developmentally disabled
wards who may not have been the given
timeframe.
previously identified. The
CYA shall complete this
assessment by Dec., 2006.
Within 12 months of the court Review the outside
consultant training
approval of the plan, all staff
will receive training, prepared material to
determine
with the assistance of an
compliance with the
outside disability advocacy
organization or consultant, and requirements
contained in the
in consultation with the
Disability Expert in sensitivity, WDP Plan. Review
awareness & harassment. This and confirm training
training will be provided to all schedules and
document
staff on an annual basis. Until
attendance to ensure
such time as this training is
all staff and new
incorporated in the basic
hires are provided
training academy curriculum,
training.
this training will be provided
to all new hires within 90 days
of placement in the facility.
The Department shall ensure Review departmental
list of wards with
that a ward is not precluded
disabilities; conduct
from assignments to a work
interviews. Audit
or a camp program based
work / camp program
solely upon the nature of a
rosters to determine
disability.
placement of wards
with disabilities.

June 25, 2007, revised July 27, 2007

Annual Auditor's Report
Compliance Rate
HS Cha SY Clo
-----

DN
--

Ven
--

Pas
--

Pre
--

HQ
PC

Comments / Recommendations
This screening tool is under
development, but not yet completed.

A course curriculum for the sensitivity,
awareness, and harassment portion of
the training has been developed and
reviewed by the Disabilities expert, with
some pending recommendations but has
not yet been approved by the Office of
Training and Professional Development.
It is still recommended that an outside
(non-State) disability advocacy agency
be consulted, as required by the WDP
remedial plan, to assist in developing the
final curriculum for all training
modules. The departmental ADA
Coordinator has initiated training at all
facilities, but to date, no records of
specific training sessions for new hires
have been provided to the Auditor.
Reviews of random files and interviews
did not indicate any exclusion from
camp or work programs. It has been
recommended that the Department
prepare a documentation form to aid in
assurances of equal access. This review
does not include fire camps.

Page 13 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

Review form for
The CYA shall develop a
completion.
provisional form that
contains a written
advisement of ADA Rights
Notification in simple
English and Spanish by
August 2005.
D. Headquarters Programs/Screening
Maintain a contract for sign
Review contracts
language interpreter
(STD 213/210) for
services, as well as a record
sign language
of use of this service.
interpreter’s services.
Sample 10% or 10
The Intake and Court
ward master files,
Services Unit staff shall
whichever is greater,
review incoming
reflecting intake for
documentation from the
the last quarter.
committing courts and
Interview Intake and
counties of all wards for
Court Services Unit
indicators of impairments
staff.
that may limit a major life
activity and require
accommodations or program
modifications.
Review form for
The CYA will revise the
completion.
Referral Document, YA
1.411 by replacing the term
“handicap” with “disability”
within 30 days of the filing
date of this plan.

June 25, 2007, revised July 27, 2007

Annual Auditor's Report
Compliance Rate
HS Cha SY Clo
--SC*
--

DN
--

Ven
SC*

Pas
--

Pre

Comments / Recommendations

SC*

HQ
SC*

Headquarters has a standard purchase
order available, although some facilities
might use their own form.

Review of files and interviews indicated
that arriving documentation is
adequately reviewed, although I would
recommend additional documentation
verifying such within the Intake and
Court Services Unit.

SC*

The form has been revised, and the
revised form was present at all facilities.

The provisional form was completed
and sent to the Auditor prior to the site
visits. The form was included in the
WDP Coordinator's Disabilities
Remedial Plan Manual and was used
during intake at all three facilities.

Page 14 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item
When indicators of
impairment exist, the Intake
and Court Services Unit staff
shall complete the disability
section on the Referral
Document and forward to
the designated Reception
Center and Clinic.
Facility Administration
A. Superintendent
Maintain a current copy of
the Wards With Disabilities
Program Remedial Plan
retained in Supt.’s office.
Superintendents shall ensure
wards with disabilities are
informed, during orientation,
of the existence of electronic
equipment in libraries, what
equipment is available, how
and when equipment can be
accessed, and where the
equipment is located.

The Superintendent shall
report to the Deputy
Director, within twenty-four
hours, when a ward with a
disability that requires
accommodation is placed in
a restrictive setting, i.e., TD
or lockdown.

Method

Annual Auditor's Report
Compliance Rate
HS Cha SY Clo
-----

DN
--

Ven
--

Pas
--

Verify current copy is
retained.

SC*

Review orientation
program for inclusion
of information.

Interview wards and
SAs. Audit TD forms
for compliance.
Review Special
Incident Reports (YA
8.401) related to
Administrative
Lockdowns.

Sample 10% or 10
ward master files,
whichever is greater,
reflecting intake for
the last quarter.
Interview Intake and
Court Services Unit
staff.

June 25, 2007, revised July 27, 2007

Pre
--

HQ
SC

SC*

Comments / Recommendations
Review of files indicated that staff
members generally complete the section,
although sometimes at a cursory level. I
would recommend additional
documentation be provided by the
Intake & Court Services Unit, a
procedure that should be aided in the
future with the completion of the WIN
system upgrades.
The Superintendent's Disabilities
Remedial Plan Manual was present in
the Superintendent's office at all
facilities.
Even though no formal orientation
program occurs at most facilities (except
SY), this item is obviously facilityrelated. All new wards sign the ADA
Rights Notification Form, but it could
not be determined that wards are
provided with information regarding
these particular accessible features in all
cases. At some facilities, the facility
WDP Coordinator has provided wards
(and the Auditor) with a written memo
with information regarding these and
other accessible features.
At all facilities, YA 8.401 "Serious
Incident Reports" and a list of wards on
TD were provided to the Auditor. A
formal system of reporting by e-mail
was not necessarily in place at each
facility at the time of the audit, but it is
believed to be in use at all facilities at
the present time.
Page 15 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item
The Superintendent shall be
responsible for ensuring that
due process and equal access
occurs for wards with
disabilities who require
accommodations during
institutional Youth Authority
Board (YAB) hearings.

Method

Compliance Rate
HS Cha SY Clo
SC SC SC SC

DN
SC

Ven
SC

Pas
SC

SC*

Review duty
statement.

Review
documentation
maintained by the
facility WDP
Coordinator.

Audit Case Report
Transmittal Form.

B. Facility's Ward Disabilities Coordinator
Maintain WDP Coordinators Verify positions are in
at each facility.
place and filled.
Ensure duty statement
encompasses all facility
WDP Coordinator duties as
defined in the WDP
Remedial Plan.
The facility WDP
Coordinator shall perform
the over-sight functions as
set forth in the WDP
Remedial Plan.

Annual Auditor's Report

June 25, 2007, revised July 27, 2007

Pre
SC

HQ
--

SC*

Comments / Recommendations
"Case Report Transmittal" forms are not
currently used at most facilities, as they
were only available at Chaderjian during
the second round of audits. These forms
should be used in the future to
standardize procedures agency-wide and
to provide more details on the specific
accommodations required and to
document due process, equal access, and
the provision of accommodations, as
required by the remedial plan.
Nevertheless, it is believed that
accommodations are being provided as
required for YAB hearings, since the
YAB, in coordination with DJJ staff, has
instituted its own procedures based on
the Armstrong case to assist in
accommodating wards with disabilities,
although review of YAB procedures is
beyond the scope of this audit.
Each facility had an active WDP
Coordinator in place at the time of each
site visit.
Each WDP Coordinator has signed an
appropriate duty statement.

Each WDP Coordinator is believed to be
performing the required oversight
functions.

Page 16 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

Within six months of the
court approval and adoption
of this plan the facility Ward
Disability Program
Coordinators will receive a
higher level of training
provided by qualified
trainers/consultants from
outside the Department as
recommended in Section 5.1
of the Expert’s report.
The facility WDP
Coordinators shall submit
monthly reports to the
Department WDP
Coordinator.

Review outside
consultants training
material to determine
compliance with the
requirements in the
WDP Remedial Plan.
Review and confirm
training schedule to
ensure all individuals
complete the required
training.
Review monthly
reports.

Annual Auditor's Report

DN
SC

Ven
SC

Pas
SC

Compliance Rate
HS Cha SY Clo
SC SC SC SC

Pre
SC

HQ
--

Comments / Recommendations
WDP Remedial Plan and general ADA
training has been provided to the facility
WDP Coordinators, primarily by the
Departmental WDP Coordinator, and
they have attended additional training at
seminars presented by the National
Association Of ADA Coordinators. The
Auditor has not specifically reviewed
the content of the NAADAC training
materials.
Monthly reports have been prepared in a
timely manner by the facility WDP
Coordinators, although the expanded
report format as recommended by the
Auditor has not been utilized by all
facilities. It has been reported that all
facilities will use the expanded format in
the future. A short executive summary
or narrative and some more detailed
service-related information would also
be an excellent addition to this report.

C. Facility's Policies

June 25, 2007, revised July 27, 2007

Page 17 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item
Efforts to identify wards
with disabilities within youth
correctional facilities shall
be continuous, and shall
include self-referrals, staffreferrals, facility ADA
screening and assessment,
and special case
conferences.

Method
On-going audit.

June 25, 2007, revised July 27, 2007

DN
PC

Ven
PC

Annual Auditor's Report
Pas
SC

Compliance Rate
HS Cha SY Clo
PC SC SC SC

Pre
NC

HQ
--

Comments / Recommendations
There continued to be a relatively wide
range of compliance related to
identification of wards with disabilities
between the facilities. Lists of wards
with disabilities were typically
identified by DJJ and provided to the
Auditor at the facilities. Wards with
physical disabilities were usually, but
not always, specifically identified. Some
wards with mental or emotional
disabilities were identified. Wards with
educational disabilities were usually, but
not always, identified through the
Student Study Team (SST) and/or the
IEP processes. In general, it is believed
that the WDP staff is using their best
efforts to identify affected wards, but (1)
clarifications from headquarters are
needed to make the proper
determinations (these have been
developed but not reviewed or approved
by the Auditor), and (2) better
cooperation from the various
departments is needed. Few special case
conferences were held during the site
visits, and it is evident that these are not
being utilized effectively to assist in
identification efforts.

Page 18 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

Compliance Rate
HS Cha SY Clo
SC SC PC SC

DN
SC

Ven
PC

Pas
SC

Interview wards and
WDP coordinators to
verify presence of
operational TDD.

Interview wards and
WDP coordinators to
verify presence of
operation closed
captioning function
TV.

Conduct site visits to
verify presence of
accessible posted
materials.

Interview wards and
Assistive devices may be
taken away from a ward only review supporting
documentation.
to ensure the safety of
persons, the security of the
facility, to assist in an
investigation, or when a
Department physician or
dentist determines that the
assistive device is no longer
medically necessary or
appropriate.
Wards with hearing
disabilities shall be provided
use of a
Telecommunications Device
for the Deaf (TDD).
Wards with hearing
impairments shall have
access to at least one facility
television located in their
assigned living unit that
utilizes the closed captioning
function at all times while
the television is in use.
Distribute and post reports,
brochures, treatment, and
education materials in a
manner that is accessible to
wards with disabilities.

Annual Auditor's Report

June 25, 2007, revised July 27, 2007

Pre
PC

HQ
--

Comments / Recommendations
While there were no documentation or
specific instances encountered where
ward's assistive device was "taken
away", there were a number of instances
where an assistive device needed by a
ward was not provided, or was
otherwise unusable by the ward. There
was no indication that either safety or
security was jeopardized in these
instances. Also, there were indications
that medical staff were not always
directly involved in the decision making
process..
TDD's were present at all of the
facilities, but were not necessarily
operational if no deaf wards were
present. No wards reported the inability
to have an operable TDD available.
Closed captioned TV's were present and
operational at all facilities. No ward
reported the inability to have an
operable closed captioning TV
available.

Informational materials were generally
noted to be at accessible heights and
locations. For future reference, these
should be centered 48" above the floor,
and any materials that require reaching
should be no higher than 54" above the
floor.

Page 19 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

A ward may make a selfreferral requesting an
accommodation for a
documented or perceived
impairment through his or
her assigned PA, Casework
Specialist or by completing
the Referral for Sick Call
(RSC) form. A ward may
make a self-referral for an
accommodation for a
documented or perceived
impairment through an
Education Advisor by
completing the Self-Referral
to the School Consultation
Team (SRSCT) form.

Review submitted
RSC (YA 8.229) and
SRSCT (YA 7.464)
forms and determine
appropriateness of
disposition. Observe
random interviews at
intake.

The Principal shall ensure
students with disabilities are
trained in the proper use of
electronic equipment.

Interview wards and
Principal for proof of
practice.

June 25, 2007, revised July 27, 2007

Annual Auditor's Report

DN
NC

Ven
PC

Pas
SC

Compliance Rate
HS Cha SY Clo
PC PC PC PC

Pre
NC

HQ
--

Comments / Recommendations
In general, it was not common that
forms YA 7.464 and YA 8.229 were
being used by either wards for selfreferrals. The sick call form does not
specifically list the ADA or the presence
of a disability as a reason for referral,
which is recommended. Forms are in the
process of revision, and it is
recommended that this form or any
revision also list the ADA and/or
presence of a disability as a reason for
the request. The "Health Case Services
Request Form" was used at some
facilities in lieu of the RSC form YA
8.229, but it is unclear that wards are
being advised of its proper use.
Typically, very little documentation was
provided to the Auditor by the
Education Department to indicate that
the SCT form YA 7.464 was being used
by wards for self-referrals. The
remedial plan requires a more formal
system of record-keeping for selfreferrals.
Although wards with physical
disabilities that would be affected by
this item were specifically identified by
DJJ, the facilities appeared prepared to
provide the necessary and appropriate
training, if needed.

Page 20 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

Students who take the
CAHSEE with a
modification and receive the
equivalent of a passing score
are eligible for the waiver
request process. Students
who are eligible will be
granted waivers based on the
SBE process and policy.

Verify by records
review of students
taking state-mandated
exams that waivers
were requested for
students with
modifications who
receive equivalent
passing scores (in
accord with CDE
guidelines.)

June 25, 2007, revised July 27, 2007

DN
--

Ven
--

Annual Auditor's Report
Pas
--

Compliance Rate
HS Cha SY Clo
-----

Pre
--

HQ
--

Comments / Recommendations
Since the requirement for passing the
CAHSEE was deferred for special
education students for the '06-'07 school
year and the "waiver request" process
was not applicable, final determination
of this requirement should also be
deferred. The CAHSEE was typically
administered twice during the school
year, as required by the applicable
regulations. It was not evident that all
wards with disabilities were provided
with the accommodations contained in
their IEP's, as at least one site reported
that only two of the twenty students who
took the test were reported to have had
accommodations. It is also unclear why
a relatively low percentage of special
education students took the test at some
sites. While some wards signed a refusal
form, it is not clear that they were fully
apprised of the prevalent CAHSEE
legislation that exempted them from
having to pass the test.

Page 21 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

Each ward with a disability
shall have a High School
Graduation Plan.

Review randomly 10
or 10%; whichever is
greater, of students
with IEP’s graduation
plans.

Provide for and implement
the four exceptions to the
graduation standards for
students with disabilities, as
listed in the remedial plan.

Review randomly 10
or 10%; whichever is
greater, of students
with IEP’s graduation
rates and uses of the
exception to the
graduation
requirements.

June 25, 2007, revised July 27, 2007

Annual Auditor's Report

DN
NC

Ven
PC

Pas
SC

Compliance Rate
HS Cha SY Clo
NC NC PC SC

Pre
PC

HQ
--

Comments / Recommendations
Of the student files reviewed, some did
not have had properly prepared
graduation plan forms completed within
the last year. The degree of problems
varied for each facility, as shown in the
previous columns in this row. Some files
that did have plans did not have all of
the necessary information, nor
specificity how goals were to be
accomplished. Other issues needing
further review included: (1) graduation
plans not being followed once updated
and (2) graduation plans that did not
lead toward the graduation goal.
Some facilities provided lists of students
with disabilities graduating in the last
year, while others did not. There were
no specific indications that any of the
four graduation exceptions listed in the
remedial plan was denied.

Page 22 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

The principal shall ensure
that wards with disabilities
enrolled in educational
programs have equal access
to educational programs,
services, and activities.

Review randomly 10
or 10%; whichever is
greater, of access for
students with IEP’s.

Non-emergency verbal
announcements, in living
units where wards with
hearing and other
impairments reside, shall be
done on the public address
system and by flicking the
lights on and off several
times to notify wards with
disabilities of impending
information. Verbal
announcements may be
effectively communicated in
writing, on a chalkboard, or
by personal notification.

Review operational
procedures. Interview
wards with disabilities
to determine
effectiveness of nonemergency
communications.

June 25, 2007, revised July 27, 2007

Annual Auditor's Report

DN
NC

Ven
NC

Pas
PC

Compliance Rate
HS Cha SY Clo
NC NC PC PC

Pre
NC

HQ
--

Comments / Recommendations
Based upon the student files reviewed
and interviews, there were indications
that some wards with disabilities,
particularly those at restricted units, had
limited access to full-day educational
programs, vocational programs, and
other special educational activities. In
addition, some special education
students had outdated or incomplete
IEP's, which would limit proper access
to these programs. The degree of
problems varied for each facility, as
shown in the previous columns in this
row. A number of wards had some
specific complaints about lack of access
to academic programs.
At some facilities, specific written
operational procedures were provided to
the Auditor. Interviews and observations
indicated no significant but some minor
problems in this area. It should be noted
that the Department WDP Coordinator
has completed a draft document for
emergency protocols, subject to further
DJJ review and approval, which would
be also applied to these issues.

Page 23 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

CYA staff shall be aware of
accommodations afforded to
wards with disabilities in
developing and implementing security procedures
including use of force,
count, searches,
transportation, visiting and
property.
Prior to placing a ward with
a disability into a restricted
setting, the Superintendent
shall review the referral
form and ensure that any
accommodation required by
a ward has been
documented.
Each Education Specialist
that is assigned as a case
carrier, or alternate, will
discuss the tenets of
advocacy with the ward and
surrogates prior to the IEP
meeting to encourage active
participation. During the
IEP meeting, the specialist
or alternate, will serve as the
advocate of the student.

Interview 10 security
personnel and wards
yearly for specific
inquiry regarding
security issues.

Annual Auditor's Report
Compliance Rate
HS Cha SY Clo
PC PC PC PC

DN
PC

Ven
PC

Pas
PC

Review records of 10
or 10%, whichever is
greater, of wards
placed in restrictive
settings.

Attend pre-meetings
and IEP meetings to
determine degree of
participation and
advocacy roles.

June 25, 2007, revised July 27, 2007

Pre
PC

HQ
--

Comments / Recommendations
Interviews and observations indicated
some ongoing problems in this area.
Additional guidelines contained in the
Safety and Welfare Plan were approved
during the fiscal year, but a complete
review of how these will affect security
procedures related to wards with
disabilities has not been fully analyzed
by either the Auditor or DJJ.
Lists of wards placed in restricted
settings were usually provided to the
Auditor. There were indications that
such placements were beginning to be
reviewed as required by the remedial
plan, although these procedures will
require further review by DJJ and
monitoring.
There were no specific indications from
IEP records and discussions with the
educational staff that this policy has yet
been implemented. A number of IEP
meetings were scheduled during the
Auditor's visits, and the advocate
position was not utilized during these
meetings, and only one IEP leader had
met with the ward prior to the IEP
meeting, as required by the remedial
plan.

Page 24 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

All individuals who serve as
surrogate parents will
receive annual training in the
role and responsibilities of a
surrogate as identified by the
State Department of
Education. Student
advocacy will be addressed
as part of the training and
the training will also
encourage active
participation.

Review training
curriculum to ensure
compliance with the
State Department of
Education criteria.
Attend training
sessions provided to
surrogate parents.

Reasonable accommodation
shall be afforded wards with
disabilities to ensure equally
effective communication
with staff, other wards, and
the public. Assistive devices
that are reasonable,
effective, and appropriate to
the needs of a ward shall be
provided when simple
written or oral
communication is not
effective or as necessary to
ensure equal access to the
programs and services. (A
list of potential devices
omitted for brevity)

Interview wards and
WDP coordinators to
determine level of
availability and
accessibility of
assistive devices.

June 25, 2007, revised July 27, 2007

Annual Auditor's Report

DN
PC

Ven
NC

Pas
SC

Compliance Rate
HS Cha SY Clo
NC PC NC NC

Pre
SC

HQ
--

Comments / Recommendations
A copy of the surrogate training
materials, as prepared by the California
Department of Education, has been
provided to the Auditor. The Auditor
has not been notified and thus has not
attended this training, and in order to
review the actual training provided, the
Auditor plans to request attendance for a
future training. The degree of training
for surrogates varied for each facility, as
shown in the previous columns. An
adjunct to this item includes the issue
that surrogates are not always provided
at IEP meetings, where required.
The degree to which facility WDP
Coordinators have been able to track
and document required accommodations
varied between facilities. The
compliance rates usually had more to do
with the degree of assistance and
cooperation form other departments as
opposed to the efforts of WDP staff.
Better assistance and transfer of
necessary information from other
departments, as well as specific
guidance from headquarters, is needed.
Some assistive devices for equally
effective communication were usually
available, but procedures for providing
the required variety of devices have not
been fully developed at the facilities, or
department-wide.

Page 25 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

The Department shall provide
reasonable accommodations or
modifications for known physical
and mental disabilities of qualified
wards. Accommodations shall be
made to afford equal access to the
court, to legal representation, and
to health care services for wards
with disabilities.

Interview wards
with disabilities
and WDP
coordinators to
confirm
accommodation
s.

Qualified sign language
interpreters shall be provided as
necessary to ensure effective
communication and at a minimum
for all due process functions,
medical consultations, videoconferencing and special
programs.

Review record
of use logs for
qualified
interpreters.

Reasonable accommodations may only
be denied if the accommodation 1)
poses a direct threat to the Health and
Safety of others, 2) constitutes an
undue burden, or 3) if there is equally
effective means of providing access to
a program, service, or activity through
an alternative method that is less costly
or intrusive. Alternative methods may
be used to provide reasonable access in
lieu of modifications requested by the
ward as long as those methods are
equally effective. All denials of
specific requests shall be in writing.
June 25, 2007, revised July 27, 2007

Review
(written)
denied
requests for
accommoda
tion to
determine if
alternative
method
provided
reasonable
access.

Annual Auditor's Report
Compliance Rate
HS Cha SY Clo
SC SC PC SC

DN
PC

Ven
PC

Pas
SC

Pre
PC

HQ
--

Comments / Recommendations
Reasonable accommodations or
modifications were usually provided,
though systematic written
documentation was typically provided.
Ward interviews indicated some
problems in this area. I would
recommend that procedures for
providing the required variety of
reasonable accommodations or
modifications be more fully developed
at the facilities and department-wide and
documented in the WIN system.
Qualified sign language interpreters
were available for contracting at all
facilities, if needed. A departmental use
log has been prepared and distributed to
the facilities for use when interpreters
are active. It was impossible to verify
that interpreters were actually provided
since few wards required one during this
monitoring period.
Refer to two items above for the basic
provision of reasonable
accommodations. For this specific
item, there were no instances
encountered where written requests for
accommodation were denied in writing.

Page 26 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

The Department shall ensure
that wards with disabilities
have access to all Youth
Authority Board (YAB)
proceedings. To this end the
Department shall provide
reasonable accommodations
to wards with disabilities
preparing for parole and
YAB proceedings.
Departmental staff shall
ensure wards with
disabilities are provided staff
assistance in understanding
regulations and procedures
related to parole plans & the
completion of required
forms.
Institutional parole staff will
provide detailed information
regarding the ward’s needs
and make recommendations
to field parole staff
regarding referrals to key
community agencies and
service providers.

Interview wards with
disabilities and IPA's /
Casework Specialists
to ensure compliance.

Annual Auditor's Report
Compliance Rate
HS Cha SY Clo
SC SC
SC SC

DN
SC

Ven
SC

Pas
SC

Interview wards with
disabilities and Staff
Assistants to ensure
compliance.

Review sample of
Parole Consideration
reports for identified
wards with
disabilities. Interview
institutional parole
agents / Casework
Specialists to ensure
compliance.

June 25, 2007, revised July 27, 2007

Pre
SC

HQ
--

Comments / Recommendations
At the present time, the YAB has
instituted its own procedures based on
the Armstrong case that would assist in
accommodating wards with disabilities,
although the review of YAB procedures
is beyond the scope of this audit.
Reasonable accommodations are more
commonly provided by the facility WDP
Coordinator or a member of the SA
team.
Assistance is adequately provided in
parole planning, although the identified
Staff Assistants are not yet fully
involved in this process.

While a general degree of information
about wards with disabilities needs were
included in parole reports, there were no
specific guidelines in this area, nor any
specific indications that community
groups were utilized based upon a
specific ward's disability. I would
recommend that parole reports provide
more detailed information on ward's
with disabilities specific needs for the
continuation of accommodations and
special services.

Page 27 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

Review sample of
Institutional parole staff
parole plans for
shall work collaboratively
identified wards with
with field parole staff and
Regional Center personnel to developmental
coordinate services, as forth disabilities. Interview
institutional Parole
in the remedial plan, for
Agents/Casework
individuals with developSpecialist to ensure
mental disabilities and their
compliance.
families upon release.
Review copies
The IIPA/Casework Specialist
of Case Report
shall complete and forward the
Transmittal
Case Report Transmittal Form,
Forms.
along with all supporting
Interview wards
documents on the issue of a
with disabilities
disability, to the PA III or
and IPA's /
Supervising Casework Specialist
Casework
II, when scheduling a YAB
hearing. PA I/Casework Specialist Specialists to
shall be responsible for requesting ensure
compliance.
accommodations for wards with
disabilities during YAB hearing
when a ward requests an
accommodation, or when the PA
I/Casework Specialist is aware of a
disability or should have been
aware of a disability.
The Department shall ensure that Interview wards
aid is provided to all wards with with disabilities
and SA's to
disabilities who request
ensure
assistance in requesting
compliance.
accommodations during YAB
hearings.

June 25, 2007, revised July 27, 2007

Annual Auditor's Report
Compliance Rate
HS Cha SY Clo
-----

DN
--

Ven
--

Pas
--

Comments / Recommendations

Pre
--

HQ
--

At the present time, the YAB has
instituted its own procedures based on
the Armstrong case that would assist in
accommodating wards with disabilities,
although the review of YAB procedures
is beyond the scope of this audit. "Case
Report Transmittal" forms printed from
the WIN system, as required by the
remedial plan, are not specifically
provided to the YAB. I would
recommend that this transmittal form be
revised to document the necessary
accommodations, as required by the
remedial plan

At the present time, the YAB has
instituted its own procedures based on
the Armstrong case that would assist in
accommodating wards with disabilities,
although the review of YAB procedures
is beyond the scope of this audit.
Reasonable accommodations are more
commonly provided by the facility WDP
Coordinator or a member of the SA
team.

No wards with developmental
disabilities were identified as recently
paroled.

Page 28 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

1. Disciplinary Decision Making System
Review DDMS
To assure a fair and just
documents concerning
proceeding, if the rule
wards with disabilities
violation is recorded as a
to ensure SA
Level 3 (Serious
Misconduct), all wards with assistance.
disabilities who require an
accommodation shall be
assigned a Staff Assistant
(SA) from the facility SA
team.

Annual Auditor's Report
Compliance Rate
HS Cha SY Clo

Ven

Pas

Pre

Each facility shall have a SA
team with at least one
representative from each of
the following disciplines:
mental health, health care,
and education.

Review composition
of SA teams.

Disposition chairperson shall
be trained to communicate
with wards that have
disabilities.

Audit training module
and review training
record of disposition
chairperson for
compliance.

The SA shall complete a
course to become a staff
assistant that contains
modules that define SA roles
and responsibilities, describe
cognitive/emotional disabilities & present an overview
of the DDMS process.

Audit training module
and review training
record of SA for
compliance.

June 25, 2007, revised July 27, 2007

Comments / Recommendations
A number of YA 8.401 "Serious
Incident Reports" were usually provided
at each of the facilities. The facility
WDP Coordinators typically review all
Level 3 violations. The SA team has
been set up at all facilities, and
accommodations are usually provided,
although some facilities visited earlier
had not yet fully implemented the
procedures. Another round of
monitoring is necessary to verify that all
wards requiring accommodations are
actually provided them.
SA teams had been set up at all of the
facilities at the time of the visits. Some
SA lists were longer than others, varying
from 4 to 25, and it is recommended that
SA lists be expanded to provide
additional coverage, where appropriate.
Some SA teams were more active than
others.
The disposition chairperson has
typically been trained along with the SA
team by the Departmental WDP
Coordinator, although no specific
training module been reviewed and
approved by the Auditor.
The SA team received training from the
Departmental WDP Coordinator,
although no specific training module
been reviewed and approved by the
Auditor.

Page 29 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

The facility WDP
Coordinators shall review all
DDMS/grievance forms at
least monthly to identify any
patterns of misbehavior that
may be related to cognitive
and emotional disabilities.

Review monthly audit
documents to confirm
compliance.

2. Grievance Procedures
The SA shall be assigned to
each grievance (from filing
to resolution) involving a
ward with a mental or
physical disability who
currently requires an
accommodation.

All grievance respondents
shall be trained to
communicate with wards
that have disabilities.

Annual Auditor's Report
Compliance Rate
HS Cha SY Clo
SC SC SC SC

DN
SC

Ven
SC

Pas
SC

Review completed
grievance documents
(Grievance Form-YA
8.450, Appeal FormYA 8.451) concerning
wards with disabilities
to ensure SA
assistance through
confirmed signature.

Audit training module
and review training
record of grievance
respondent for
compliance.

June 25, 2007, revised July 27, 2007

Pre
SC

HQ
--

Comments / Recommendations
All facility WDP Coordinators are
aware of the requirement and are
beginning to review DDMS forms.
Documentation has varied, ranging from
no written documentation, to meeting
notes, to an excellent study and narrative
describing patterns of misbehavior being
prepared by one WDP Coordinator.
A number of YA 8.450 and 8.451
grievance forms were reviewed at each
facility. The Grievance Coordinator and
the WDP Coordinator typically review
grievances, sometimes tracked through
the WIN system. The SA team has been
set up, but it has been uncommon for an
SA to be involved at filing, a situation
that should be resolved due to a new
grievance filing procedure.
Accommodations are typically provided
only at the resolution stage. There were
a few indications that a SA assignment
might have been warranted and not
provided.
This is an open-ended item, since a
number of staff members may be
involved in the initial grievance.
General staff training at the
departmental level, not fully
implemented, would be needed to
comply with this requirement. No
specific training module related to
grievances has been reviewed by the
Auditor.

Page 30 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

The SA shall complete a
course to become a staff
assistant that contains
modules that define SA roles
and responsibilities, describe
mental / physical disabilities
and present an overview of
the grievance process.
The WDP Coordinator shall
review all grievance forms at
least monthly to identify any
patterns of repetitive
involvement that may be
related to mental / physical
disabilities and refer such
cases to the appropriate
supervisory staff.
Completed grievance forms
should be randomly
monitored by the facility
WDP Coordinator to
determine if indeed
disability is an issue, even
though the ward filing the
grievance may not have
specifically cited it.
The grievance screening
process for accommodations,
including the medical
verification process for
accommodations, should be
completed in a timely
manner and interim
accommodations shall be
provided to the extent
necessary.

Audit training module
and review training
record of SA for
compliance.

Annual Auditor's Report
Compliance Rate
HS Cha SY Clo
SC SC SC SC

DN
SC

Ven
SC

Pas
SC

Review monthly audit
documents to confirm
compliance.

Included in meetings
with WDP
Coordinators.

Review randomly 10
or 10%, whichever is
greater, of
accommodation
related grievances.

June 25, 2007, revised July 27, 2007

Comments / Recommendations

Pre
SC

HQ
--

The facility WDP regularly reviews
grievance forms.

All facility WDP Coordinators are
aware of the requirement and are
beginning to review DDMS forms.
Documentation has varied, ranging from
no written documentation, to meeting
notes, to an excellent study and narrative
describing reasons for filing grievances
being prepared by one WDP
Coordinator.
The screening process is being
implemented, although records indicated
past problems of assuring medical
disability issues were resolved in a
timely manner at some facilities.

The SA team received training from the
Departmental WDP Coordinator,
although no specific training module
been reviewed and approved by the
Auditor.

Page 31 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

The Wards Rights Coordinator, within Sample of
10 or 10%,
24 hours of receipt, shall review
whichever
grievances, with attached
is greater,
documentation, that request
of
accommodations or allege
grievances
discrimination to determine whether
the grievance meets one or more of the filed during
the last
following criteria for review and
response: allegation of non-compliance quarter.
with department WDP policy;
allegation of discrimination based on a
disability under WDP; denial of access
to a program, service, or activity based
on disability.
Audit grievances from
The Wards Rights
Coordinator shall forward to ward with disabilities
(Grievance Form the facility WDP
YA 8.450) that
Coordinator or designee all
request
grievances that meet the
accommodations or
criteria for review and
allege discrimination
response within 48 hours of
to confirm meeting
receipt.
timelines.
Audit grievances from
Grievances referred to the
wards with disabilities
CMO when medical
verification of a disability or (Grievance Form YA 8.450) that
identification of an
request accommoassociated limitation is
dations or allege
required and returned to the
discrimination to
Wards Rights Coordinator
determine compliance
are handled within
timeframes as defined within of protocol within
time constraints.
the remedial plan.

June 25, 2007, revised July 27, 2007

Annual Auditor's Report
Compliance Rate
HS Cha SY Clo
PC PC PC PC

DN
PC

Ven
PC

Pas
PC

Comments / Recommendations

Pre
PC

HQ
--

Grievances regarding accommodations
have been rare. It is recommended that
procedures to facilitate the screening
process be prepared and implemented.

Grievances requiring medical
verification have exceeded time limits
and exhibited other problem. It is
recommended that procedures to
facilitate the medical verification
process be prepared and implemented.

Grievances regarding accommodations
or discrimination based on disability
have been rare, although some problems
have been noted in the rapid resolution
regarding allegations of denial of
services that could be related to a
disability. It is recommended that
procedures to facilitate the Wards Rights
Coordinator's review of these grievances
be prepared and implemented.

Page 32 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item
If medical verification is not
available in the UHR, and
medical staff determines that a
referral to an expert consultant,
external to the department, is
required, an appointment shall
be scheduled within ten
working days to determine
whether a disability or any
limitations exist. The medical
staff, upon receipt of report
from an expert consultant,
shall note verification of a
disability and any limitations
that exist on YA grievance
form, and in the UHR of a
ward.
After consultant verification of
a disability, medical staff shall
return the grievance, with all
required documentation, to the
Wards Rights Coordinator.
The Wards Rights Coordinator
shall forward to the Office of
the Superintendent all
grievances that meet the
criteria for review and
response within 48 hours of
receipt from Health Care
Services staff.

Method
Review grievances
from wards with
disabilities
(Grievance Form –
YA 8.450) that
request
accommodations or
allege
discrimination and
their UHR to
determine
compliance of
protocol within
given time
constraints.
Audit grievances
from wards with
disabilities
(Grievance Form YA 8.450) that
request
accommodations or
allege
discrimination to
determine
compliance of
protocol within
given time
constraints.

June 25, 2007, revised July 27, 2007

Annual Auditor's Report

DN
PC

Ven
PC

Pas
PC

Compliance Rate
HS Cha SY Clo
PC PC PC PC

Pre
PC

HQ
--

Comments / Recommendations
Grievances requiring medical
verification have had some instances
where outside assistance from an expert
consultant was necessary, but not
necessarily the result of a grievance. It is
recommended that procedures to
facilitate the outside verification process
be prepared and implemented.

Page 33 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

The Wards Rights
Coordinator shall refer a
grievance to the facility
WDP Coordinator when
verification of a non-medical
disability is required and
ensure it is handled as
defined within the remedial
plan and within timeframes.
Wards may use the WDP
Grievance process to file a
grievance based on the
denial of a request for a
reasonable accommodation
during YAB proceedings.
Wards with disabilities shall
be granted reasonable
accommodations with
respect to timeframes,
consistent with the Ward
Safety and Welfare Plan, for
processing of grievances.

Audit grievances from
wards with disabilities
(Grievance Form YA 8.450) that
request
accommodations or
allege discrimination.

Annual Auditor's Report
Compliance Rate
HS Cha SY Clo
PC PC PC PC

DN
PC

Ven
PC

Pas
PC

Interview wards with
disabilities. Review
grievances to
determine
compliance.

Pre
PC

HQ
--

Comments / Recommendations
Grievances regarding non-medical
verification have been rare. However,
this policy has not yet been fully
implemented. A departmental report
form has not yet been prepared. Most
newly appointed Assistant WDP
Coordinators are aware of the
requirement and are beginning to review
such grievance forms.
There was no indication that a ward had
a grievance relating to this item during
the auditing period.

There was no indication that a ward had
a problem with time lines associated
with grievances during the auditing
period. The Ward Safety and Welfare
Plan has not been fully reviewed by
DJJ/WDP or the Auditor, although a
quick review has indicated that the plan
does not appear to address this issue.

D. Programs
1. Reception Center and Clinic Functions
Begins on next page.

June 25, 2007, revised July 27, 2007

Page 34 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

As part of the clinic
screening and assessment
process, all wards shall be
screened at the reception
centers, and as indicated,
throughout their stay in the
Department, to determine
whether they have a
developmental disability
which may make them
eligible under criteria set
forth in the ADA and/or may
make them eligible to
receive services from a
Regional Center.

Review screening
documents (YA
1.411) in ward field
files.

During the initial wards
interviews, advise wards of
their rights under the ADA
and section 504, and receive
formal documentation that
they have received and
understood this advisement.

Observe random
interviews at intake
facilities.

June 25, 2007, revised July 27, 2007

Annual Auditor's Report

DN
--

Ven
NC

Pas
--

Compliance Rate
HS Cha SY Clo
--NC
--

Pre
NC

HQ
--

Comments / Recommendations
Current DJJ practice has the screening
for developmental disability performed
during the Headquarters acceptance
process, although no formal testing is
done, only a records review. Wards are
not formally screened at the facility's
reception center for the presence of a
developmental disability, although past
screenings (e.g., IQ testing) are
sometimes reviewed. These procedures
do not coincide with WDP Remedial
Plan requirements, and DJJ may want to
review these and propose revisions
where appropriate. It is my
understanding that meetings have been
recently held at headquarters to discuss
the issues related to this topic
Although only a few initial ward
interviews were attended, it is believed
that the ADA Rights Notification form
is presented to and signed by all wards
during initial intake. The extent to which
they understand all aspects of the form
is unclear.

Page 35 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item
Assigned Casework
Specialists shall refer a ward
to a mental health
professional on a Mental
Health Referral Form when
indicators of a mental
impairment exist that may
limit a major life activity.

Method
Review copies of
Mental Health
Referral Form for
completeness.

June 25, 2007, revised July 27, 2007

DN
--

Ven
SC

Annual Auditor's Report
Pas
--

Compliance Rate
HS Cha SY Clo
-- -SC
--

Pre
SC

HQ
--

Comments / Recommendations
At Ventura and Preston, Casework
Specialists use a "Mental Health
Services Referral" form and a "Critical
Factors Assessment for Determining
Need for Mental Health Evaluation"
form to refer wards to a mental health
professional during intake and at other
times. At SYC, Casework Specialists
use a "Ward Initial Intake Information"
form, unique to this facility. This form
has a check box for physical or mental
disability, although it is unclear exactly
what criteria is used to make these
determinations. The "Ward's Request
for Reasonable Accommodation" form
is also used to refer wards to a mental
health professional during intake and at
other times. It is unclear how the newly
approved "Health Care Services
Request" form (see page 8) will fit into
these processes. All reception centers
received an "SC" compliance rating
since it was believed that mental health
referrals were generally made
appropriately, but it should be evident
that with the uses of varying forms,
standardization and guidance from
headquarters is needed assure long-term
compliance.

Page 36 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

Annual Auditor's Report

DN
--

Ven
PC

Pas
--

Compliance Rate
HS Cha SY Clo
-- -PC
--

Pre
PC

HQ
--

Assigned Casework
Specialists shall refer a ward
to a medical professional on
a Disability Health Services
Referral form when
indicators of a physical
impairment exist that may
limit a major life activity.

Review copies of
Disability Health
Services Referral
Form for
completeness.

Assigned Casework
Specialists shall use a
Referral to School
Consultation Team (SCT)
form to refer a ward to an
educational professional to
verify the existence of a
learning impairment that
may limit a major life
activity.

Review copies of
Referral to School
Consultation Team
(YA 7.464) for
completeness.

Licensed mental health
professionals and medical
personnel shall complete the
screening process on a ward
within 10 working days of a
referral from an assigned
Casework Specialist.

Review screening
forms for completeness and timeliness:
MH – SPAN/ YA
8.216; Med – Medical
HX/YA 8.260.

June 25, 2007, revised July 27, 2007

Comments / Recommendations
Casework Specialists use various
methods to refer wards with disabilities
to the appropriate medical staff during
intake. At SYC, Casework Specialists
use the "Ward Initial Intake
Information" form, unique to this
facility (see item directly above). It is
unclear how the newly approved "Health
Care Services Request" form (see page
8) will fit into these processes;
standardization and guidance from
headquarters is needed assure long-term
compliance.
Casework Specialists use other methods
to refer wards with learning disabilities
to educational services during intake and
at other times, but the RSCT form YA
7.464 form is not used for this purpose,
nor is the School Consultation Team
(SCT) routinely utilized to document a
learning impairment referred during
intake. As also discussed in the
Education experts' reports, SCT's are not
currently operating at an effective level
at many facilities.
Based upon records provided to the
Auditor, medical and mental health
screenings typically occur within 10
days of the referral at two facilities. At
the other, medical screenings typically
occur within 10 days of the referral, but
mental health screenings typically do
not, and can take up to 6 weeks.

Page 37 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

Annual Auditor's Report

DN
--

Ven
PC

Pas
--

Compliance Rate
HS Cha SY Clo
-- -PC
--

Pre
SC

HQ
--

Within 15 calendar days of
completing the Educational
Disability Screening process,
the education staff shall
develop an assessment plan.

Review screening
forms for completeness and timeliness:
Ed – CASAS,
CELDT, High Point
Testing, HX in file

Within 10 working days of
completing the disability
screening process,
department staff members
who are licensed mental
health professionals and
medical personnel shall use
standardized psychological
test instruments, medical,
dental practices to assess
wards.
Credentialed Education Staff
shall complete educational
assessment within 50
calendar days.

Review appropriate
documentation for
completeness and
timeliness.

June 25, 2007, revised July 27, 2007

Comments / Recommendations
The initial intake interview includes a
checklist for educational needs. Based
upon interviews and records review, it
appeared that assessment plans were
usually developed if indicated by the
checklist, but not always within 15
calendar days. (refer to columns at left).
It is unclear to what extent
psychological testing of all wards is
required by this section of the remedial
plan. The initial intake interview
highlights further needs for
psychological assessment, including
possible testing, that may be necessary,
but this is individualized and not a
standard procedure. Further clarification
is needed.
Records provided to the Auditor
indicated that a wide variety of
educational assessments are either
utilized or developed. In some cases,
recent assessments from other sources
are used to provide interim placement or
schedule the IEP. More guidance from
Headquarters and standardization is
needed. The assessments are typically
completed within the 50-calendar-day
requirement, but not always.

Page 38 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

If it is determined prior to or
during the ICR that a ward is
in need of an
accommodation in order to
allow for effective
participation, the
Supervising Casework
Specialist II shall ensure that
such accommodations are
provided.

Review random ICR
reports for wards with
disabilities.

June 25, 2007, revised July 27, 2007

DN
--

Ven
PC

Annual Auditor's Report
Pas
--

Compliance Rate
HS Cha SY Clo
-- -PC
--

Pre
PC

HQ
--

Comments / Recommendations
The Initial Case Review (ICR) provides
the opportunity for such
accommodations, and these appear to be
provided at a very general level, but it is
unclear that appropriate procedures or
documentation have been instituted,
particularly with respect to medical
accommodations. Since much of this
procedure relies on the diligence of the
Supervising Casework Specialist II, I
would recommend that these procedures
be written for future documentation. It is
also recommended (as implied by the
WDP Remedial Plan) that an actual ICR
meeting be held with the ward and all of
the various disciplines; this is occurring
at some of the facilities, but not all.

Page 39 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

All wards shall complete the
orientation process at a
reception center that
contains a standardized
Disability module which
shall include: 1) a summary
of the main points of the
Disability law under Title II
of the ADA and IDEA and
their relevance to wards, 2) a
summary of the main points
of the Department Disability
Policy as it relates to wards,
3) an explanation of the
Disability self-referral
process, and 4) the Ward’s
Rights Handbook section on
Disability.

Review orientation
program for required
components and audit
ward-signed
orientation forms to
confirm participation.

Presenters of ward
orientation program shall
make the reasonable
accommodations or
modifications necessary for
wards with disabilities who
require accommodations
during the orientation.

Review ward-signed
orientation forms for
documented
information regarding
provided
accommodations.

June 25, 2007, revised July 27, 2007

Annual Auditor's Report

DN
--

Ven
NC

Pas
--

Compliance Rate
HS Cha SY Clo
-- -PC
--

Pre
PC

HQ
--

Comments / Recommendations
A formal "orientation process", as
described in the WDP Remedial Plan
(Section III.J.), has been historically
presented at only one site, and the
process continues. At other sites, the
counselor at the intake living unit may
provide an individual ward with a
general orientation to the WDP
program, but no formal "orientation
process" is currently provided. A very
basic "standardized Disability module"
has been developed as part of an
orientation package, but it is not
presented on a systematic basis and it
needs additional information,
particularly with respect to applicable
disability law, the IDEA, and the
referral process. I would recommend
that the Departmental WDP Coordinator
assist in coordinating and supplementing
these past efforts, and possibly even
present the first few orientations, to
effect implementation of this provision.
The ADA orientation module was not
currently being provided to all new
wards. No ward-signed orientation
forms documenting information on
accommodations have been provided to
the Auditor.

Page 40 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item
2. Residential Programs
For each special program or
activity, evaluate eligibility
criteria to assure that wards
with disabilities are not
excluded when they can
perform the essential
functions of the activity.

Method
On-going audit, based
on detailed factors
listed in the plan.
Visit special program
locations yearly.

June 25, 2007, revised July 27, 2007

Annual Auditor's Report

Ven

Pas

Compliance Rate
HS Cha SY Clo
SC

Pre

Comments / Recommendations
Visit to the unique, non-educational
programs and interviews with the
program directors gave no specific
indications that wards with disabilities
were not included on an equal basis in
special program. However, for some
programs, there was also no specific
documentation to show that wards with
disabilities were included on an equal
basis in the programs. While it is
understood that participation in many of
these programs is appropriately
behavior-based, it is unclear how wards
in special management or counseling
programs are able to participate in many
of these programs.
Relatively new criteria (January, 2006)
for assignment to the fire camp program
was also reviewed by the Auditor. Two
factors that would require exemptions or
permanently exclude entrance are listed
as (1) mental health history (free from
psychotropic medications for four
months), and (2) medically unfit. While
these are potentially exclusionary,
safeguards appear to be in place at the
present time. However, these criteria
require further monitoring and input
from other parties if deemed necessary.

Page 41 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

Staff shall refer wards to
Health Care Services and the
Education Department for
screening when information
is observed or received that
indicates the presence of a
physical or mental
impairment that has not been
documented and verified.

Review submitted
SRSC (YA 7.464) and
SCT Referral (YA
8.229) forms and
determines
appropriateness of
disposition.

June 25, 2007, revised July 27, 2007

DN
PC

Ven
PC

Annual Auditor's Report
Pas
PC

Compliance Rate
HS Cha SY Clo
PC PC PC PC

Pre
PC

HQ
--

Comments / Recommendations
Various methods, some written and
some e-mail, were used for staff to refer
wards for screening. However, it was
rare that the Referral for Sick Call
(RSC) form YA8.229, or any other
standard referral from, or the referral to
the School Consultation Team (RSCT)
form YA 7.464 were being used by staff
for referrals for health care services or
educational assessment, as required by
the remedial plan. Some facilities were
using a new form entitled "Ward
Disability Staff Referral Form",
presumably DJJ-wide form (no standard
number assigned) that was presented to
the Auditor for the first time near the
end of the site visits. Guidance and
training is needed from the parties and
Headquarters to demonstrate appropriate
use of these forms consistent with the
WDP Remedial Plan, and some
revisions to the plan may be necessary.
There were instances where wards were
referred to various service components
(education, mental health, etc.), but
referrals were informal and did not
generally follow the time lines or
procedures described in the WDP
remedial Plan. I would recommend that
a system of documentation be developed
to track ward and staff referrals.

Page 42 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

The Treatment Team
Supervisor/ Supervising
Casework Specialist shall
ensure that within five days
of receipt of WDP
Assessment reports, from
licensed mental health
professionals, medical
personnel, or credentialed
education staff, that the
assigned PA /Casework
Specialist conducts a special
case conference.
The Superintendent shall
ensure that the following
data is documented for all
wards with a disability:
(1) Name, age, YA number;
(2) Location by facility,
living unit, or parole office;
(3) Specific impairment;
(4) Impairments that
substantially limit a major
life activity: (5) Impairments
that substantially limit a
major life activity and
require accommodations;
(6) Specific
accommodations required;
(7) Need for a Staff
Assistant; (8) Level of care
designation;
(9) Classification code.

Audit case conference
forms (ICP) for wards
with disabilities to
ensure
implementation and
timeliness.

Review
documentation for
completeness of
information.

June 25, 2007, revised July 27, 2007

Annual Auditor's Report

DN
SC

Ven
SC

Pas
SC

Compliance Rate
HS Cha SY Clo
SC SC SC SC

Pre
SC

HQ
--

Comments / Recommendations
Very few or special case conference
forms or reports were provided to show
compliance. While few referrals were
reported, it is believed that the facility
WDP Coordinators (not the Treatment
Team Supervisors / Supervising
Casework Specialists) are beginning to
monitor the timely resolution of
screening, although the exact time limits
could not be verified.

DJJ has worked steadily to upgrade its
computerized ward record-keeping
system, referred to as the WIN system.
While the exact time line for having the
system ready and available for use is
still unknown, it was inherent that
perfecting the system would take some
time. I believe that the DJJ has made
reasonable progress to this end, but
would also recommend that the first 8
required items of information relating to
wards with disabilities that are available
be incorporated into the WIN system,
and that staff be trained to access this
information, as soon as it is practical.

Page 43 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

Annual Auditor's Report

DN
SC

Ven
SC

Pas
SC

Compliance Rate
HS Cha SY Clo
SC SC
SC SC

Pre
SC

HQ
--

Comments / Recommendations

The Program Manager shall
ensure that the presentation,
the curriculum, and any
supplemental materials used
for individual and small
group counseling, large
group meetings, and
resource groups are modified
to ensure equal access to the
information by wards with
disabilities.
The Program Manager shall
ensure that a Staff Assistant
(SA) is assigned to a ward
with a disability when
individualized assistance in
the completion of mandated
or necessary functions.

Review modified
materials.

Review list of SA and
assignments. Conduct
interviews with SA &
wards with disabilities
to determine
effectiveness.

The facility WDP Coordinator (not the
Program Manager) typically reviews the
need for individualized assistance. The
SA teams have been set up at each
facility, and accommodations are
beginning to be typically provided.

The facilities shall ensure
equal access to services,
such as medical and
religious, and activities, such
as visiting and recreation, to
wards with disabilities as to
those provided to wards
without disabilities.
3. Developmental Disabilities
No outward signs of
identification or labeling will
be posted for wards involved
in the developmental
disabilities program.

Interview wards with
disabilities to
determine access and
participation.

There were no indications that wards
with a disability did not have equal
access to the non-educational services as
listed .

Tour facilities to
ensure compliance.

No such signs of identification were
encountered.

June 25, 2007, revised July 27, 2007

While only some specific procedures for
modifying materials were provided to
the Auditor at some facilities, there were
no indications that wards with
disabilities did not have equal access to
informational materials.

Page 44 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

Services will be provided to
all wards identified as being
developmentally disabled or
who have been determined
to need supportive services
similar to wards with
developmental disabilities,
irrespective of age of onset.

Review departmental
list of DD wards,
program placement
(YA 1.503) and ICP.

4. Removal of Architectural Barriers
The Department committed to Monitor the project
completion timeline
the renovation of one room at
each facility, as a minimum, to and visit each
institution upon
ensure the provision of
completion to
accessible housing for wards
ensure compliance
with disabilities. The total
with accessibility
completion of this project is
criteria.
scheduled for June 30, 2006.
The Department committed, at Monitor the project
timeline and visit
a minimum, to have one fully
each facility area
accessible shower and/or
upon completion to
lavatory area at each facility.
ensure compliance
Each of these fully accessible
with accessibility
shower and/or lavatory areas
criteria.
must be in close proximity to
the renovated accessible cells
due to be completed by June
30, 2006. Presently, the
schedule includes nine areas to
be completed in FY 2005/06
and eight areas in FY 2006/07.

June 25, 2007, revised July 27, 2007

Annual Auditor's Report
Compliance Rate
HS Cha SY Clo
-----

DN
--

Ven
--

Pas
--

SC*

Pre
--

HQ
--

SC*

Comments / Recommendations
No wards were specifically identified by
the DJJ or listed on YA 1.503 forms as
being developmentally disabled,
although it is unclear how and to what
extent such determinations would be
made. See also first item on page 13
and first item on page 35.

At least one accessible room has been
completed to provide an accessible
housing unit for wards with disabilities.
The rating of SC for this item does not
necessarily indicate that the accessible
room provided would serve as the most
appropriate and least restrictive housing
unit for a particular ward.
The nine areas for FY 2005/06,
providing at least one accessible shower/
lavatory area in close proximity to the
accessible room, have been completed at
all but one facility. The additional eight
areas for FY 2006/07 will be audited
during the next round of visits.

Page 45 of 46

CALIFORNIA DEPARTMENT OF JUVENILE JUSTICE
Wards with Disabilities Program Remedial Plan
Item

Method

The Department committed to Monitor the project
timeline and visit
the removal of critical
each institution
disability related structural
upon completion to
barrier projects that will be
ensure compliance
completed each year from FY
2005/06 to FY 2008/09. These with accessibility
projects are part of the barriers criteria.
that were identified by the
survey completed by Access
Unlimited and are identified in
Appendix B to the Disability
Remedial Plan.
Review, approve and
The Department committed
submit required
to analyze 3000 additional
report.
barriers identified in the
report prepared by Access
Unlimited and provides a
report that would categorize
the barriers into three
distinct areas. This report is
due July 15, 2005, and will
be filed at Appendix C to the
Disability Remedial Plan.
Audit first category
Construction of the first
projects for
category of projects, which
involves projects that can be compliance of
completion within
fixed in a short period of
defined timeline.
time with minimum costs,
shall be completed by
September 30, 2006.
The second category of
Audit second category
projects, which involve
projects for
projects that will require
compliance of
substantial funding, will be
completion within
completed by Sept. 30, 2008 defined timeline.
June 25, 2007, revised July 27, 2007

Annual Auditor's Report
Compliance Rate
HS Cha SY Clo
SC SC SC SC

DN
SC

Ven
PC

Pas
SC

SC*

Comments / Recommendations

Pre
SC

HQ
--

SC*

Appendix C of the WDP Remedial Plan
has been completed and filed.

SC*

Most of these projects have been
effectively completed, but not all.

Since the required critical barrier
removal completion date of September
30, 2008, has not yet arrived, site visits
only provided a general review of
certain areas of future barrier removal.

The compliance rating shown indicates
the general degree of compliance only
for those items scheduled to be
completed during FY 2005/06.

Page 46 of 46

Disciplinary Self-Help Litigation Manual - Side