Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 1 of 132 Page ID #:6750 DEFENDANTS' EXHIBIT 28 UNITED ST A TES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA JENNY LISETTE FLORES; et al., Plaintiffs , ) Case No. CV 85-4544-DMG ) ) ) ) V. ) ERICH. HOLDER, JR., Attorney General of the United States; et al., Defendants. _ ___ __ _______ ) ) ) ) ) ) DECLARATION OF JOSHUA G. REID I, Joshua G. Reid, hereby declare that the following statements are true and correct to the best of my knowledge, information and bel ief: 1. I am an Assistant Field Office Director (AFO D) for U.S. Immigration and Custom s Enfo rcement (ICE), Enforcement and Removal Operat ions (ERO) - Philade lphia Office. I have been employed as an AFOD with ERO since March 2016 . As an AFOD, I oversee the day-to-day operations relating to the case management of aliens in custody at the Berks Family Residential Center (BFRC) and York County Prison . Prior to becoming an AFOD, I served as a Supervisory Detention and Deportation Officer (SDDO) at the ERO York suboffice from January 2012 until March 20 16, and as a Deportation Officer from September 200 8 to January 2012. I also worked as an inspector for the legacy U.S. Immigration and Naturalization Service (INS) from September 2000 until September 2003 . After INS was decommissioned , I became an U.S. Customs and Border Protection (CBP) Officer from 1 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 2 of 132 Page ID #:6751 April 2003 to September 2008 , and served as a supervisor during the latter portion of th.is period. I have Bachelor of Science degree in Criminal Justice. The following statements contained in this declaration are based on my personal knowledge or on information provided to me in my official capacity. 2. BFRC opened in 2001 and is located in Leesport, Pennsylvania, approximately 65 miles outside of Philadelphia, and has a maximum capacity of 96 individuals . 3. The BFRC is a dormitory-style residential facility with sleep ing quarters separated by sex and age. Juveniles age twelve and under are housed with a parent , while juveniles age thirteen and above are housed with other juveniles of the same sex and age range . Family units are normall y housed on the same wing in order to promote family unity. Parents are expected to be responsible for their children and are encouraged to take an active role in their development. All medical services are provided by or approved by the ICE Health Service Corps (IHSC). All family units accepted for admission are medically screened upon arrival by a licensed nursing staff that is on site 24 hours a day, seven days a week and are provided medical and mental health care as needed. 4. The BFRC offers a family-friendly environment that includes several day rooms , TV and multiple recreatio n/ activity rooms, and a toddler play room . Additionally , there is a dining room, gym , and other free space where residents may socialize. The dining room offers a full-service soup, salad, and cold food bar. ft also features milk and a varie ty of juices, and furnishes food for infants , including formula. In addition to the standardized menu, which includes hot meals, vegetar ian and medicall y necessary diet choices are offered at each meal. Residents can also enjoy snacks outside the regular dining hours. There are refrigerators in the living areas that are restocked daily with juices , snacks , and milk , and 2 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 3 of 132 Page ID #:6752 there is a microwave in each wing so residents may prepare food purchased from the commissary . The BFRC also has a law library, which has computers for resident legal research and word processing , and a social library that houses approximately 2,000 books, including children's stories , books in Spanish and other langu ages, and a selection of popular magazines. There are eight computers available in the social library for residents to use for general internet and email access and electronic reading . Colorful murals and pictures decorate the walls , and books, stuffed animals, board games, video games, movies, table games, fitness equipment, and cable TV are available for resident enjoyment. 5. The BFRC also provides educational services and recreational activities for its residents. All teachers at the BFRC are certified by the State of Pennsylvania. Classes run from 8:45 a.m. to 3:15 p.m ., and children are placed based on their age and the results of their individual need assess ments. Students partic ipate in field trips to places of interest, including local parks, farmers markets, libraries , and universities. The BFRC also offers adult educational programming , to include English classes, and a vo lunteer work program. Residents can participate in daily scheduled recreational oppo1tunities, including fitness classes and organized cooking and arts and crafts activities. Available to the residents are several children ' s play areas with age-appropriate commercial-grade pla y sets, bicycles for use on the outdoor campus, a soccer field , a bask etball court, and a volleyball court. Residents may participate in basketball, volleyball, kickball , soccer, flag football, and tournaments, in addition to the physical educat ion provided during the school day for children . The BFRC recreation department organizes monthly bi1thday parti es, seasonal and holida y celebrations, and tri-weekly movie nights. Residents are also offered trips to a hair and cosmetic salon on a regular basis. The center also promotes community support to bring activities into the 3 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 4 of 132 Page ID #:6753 BFRC for resident education and enjoyment such as nutrition classes , ait lessons , and music instruction. There is also a chaplain who is available the residents and who proactively recruits other denominational representatives to provide services . 6. I have read the declarations submitted with Plaintiffs ' Notice of Motion to Enforce Settlement and Appoint a Specia l Mon itor, which was filed on May 17, 2016, and in response state as follows: 7. At BFRC, ERO adheres to ICE procedures and protocols regarding the detention of family units . Typica lly, families admitted to the BFRC have already undergone initial processing by another ERO office or by U.S. Customs and Border Protection , such that the families qualify for placement in a family residential center , have been issued the appropriate cha rging document , and have undergone an initial custody determination. Soon after arriva l at the BFRC , ERO will review the family ' s alien files, briefly interview the Head of Household (HOH) in order to verify previously provided information, to include potential sponsors , and reque st that he or she complete an Emergency Contac t Form, which the HOH may update at any time. Additionally, ERO will provide the HOH a list of legal service providers , as well as a notice with respect to taking legal advice. In those instances where the family has previousl y asserted a fear of return or has expressed a fear of return upon questioning by ERO at the BFRC, ERO will ensure the family's cases are referred to U.S. Citizenship and Immigration Services (USCIS) as soon as practicable for the appropriate screemngs. 8. If a family at the BFRC is found eligible for release based on applicab le guidance , regulation , or law, the release will be under the appropriate conditions and will take place in a safe and timely manner. Otherwise, ERO will affinnatively review on an ongoing basis 4 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 5 of 132 Page ID #:6754 each family ' s cases for consideration of release , after affording the family an oppmtunity to provide information relating to, among other things , family ties in the United States, whether a relative /sponsor has a fixed address in the United States , and whether the family has a relationship with community organizations that may be availab le to aid in the family's placement. ERO wi ll also conduct thorough and comprehensive reviews of all requests for release and parole filed by the families. Notification of Legal Rights 9. Several declarants indicated that they were not notified of their legal rights while at BFRC. f am familiar with the legal right notifications provided at BFRC and can attest that all individua ls are informed of their rights . The Pennsylvania Immigration Resource Center (PIRC), a volunteer legal aid organization. conducts legal orientation presentations for BFRC residents on a weekly basis , informing them of their rights , immigration court procedures , potential forms of re lief ava ilable in immigra tion comi, and the detention process. In addition to the weekly presentations, residents may speak with a PIRC representative by completing a sign-up sheet (Ex. 1) dedicated for this purpose. BFRC staff promptly notifies PIRC and coordinate a time for the resident speak with a PIRC representative via telephone. Additional information about residents' legal rights and the orientation program is provided in the BFRC Resident Handbook (Ex. 2), which is provided to each resident upon admission . Moreover , new residents are also specifically informed about PJRC's legal presentations at the time of their orientation to the BFRC . I 0. Residents are also provided a list of pro bono counsel and low cost legal service providers (Ex. 3) upon admission to the center. The list of free legal service pro viders is also posted in the rooms used by residents to make telephone calls , the designated immigration court 5 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 6 of 132 Page ID #:6755 area, and in the residential information center. Residents are able to contact legal service providers on the list at no cost using the ICE free access telephone system. Residents are also permitted to purchase phone cards that allow them to make phone calls to legal service providers , family , and friends without assistance from BFRC staff. If resident s do not have the money to purchase a phone card and would like to contact their attorney , BFRC staff will arrange for them to make toll free calls. Telephone calls to legal providers are not monitored or recorded. Legal representatives are pem1itted to visit residents seven days a week between the hours of 8:00 am and 8:00 pm . Legal providers are permitted to visit their clients outside of these hours on a case by case and as-needed basis. In addition, if a G-28 is on file, BFRC will provide advance notice to counsel of transfers of residents except in unusual and compelling circumstances. Exhibits 4 through 14 are photos of postings of legal access information. Exhibit 4 shows all the sheets that are contained in the rest of the photos. The se postings are contained in each resident phone room on the two floors accessed by the residents. Notification of Rights Under Flores 11. Several declarants indicated that they were not specifically notified of their rights under the Flores case . To my knowledge , ICE (or legacy INS) has not provided the notice in Exhibit 6 of the Flores Settlement Agreement to accompanied children. However , ICE is committed to providing the Exhibit 6 notice and will be working to implement a procedure to provide the notice to accompanied minors at the BFRC. Notification of My Case Status 12. Severa l declarants indicated that they were not notified of the status of their cases. ICE personnel at the BFRC regularly respond to ve rbal and written inquiri es from the residents, 6 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 7 of 132 Page ID #:6756 which include requests regarding the status of their immigration cases. In responding to such inquiries , ICE does not provide legal advice regarding the resident 's immigration case. Residents in proceedings are also not ified by the court of their next hearing date and, if they have a concern about when their next hearing date is, they can call EOIR's Automated Case Information Hotline at 800-898 -7180 to obtain the date of their next hearing. Complaints Regarding Observational Checks at Night 13. Several dec larants indicated that "g uards " shine flashlights on the residents several times ( 15 minute intervals ) at night making it difficult to sleep. As an initial matter , there are no "guards " at the BFRC . Counselors are stationed throughout the facility to ensure the safety and security of residents and to assist them with any issues or needs. Observational checks are required by 55 Pa. Code§ 3800.57(a) ("While children are at the facility, children shall be supervised during awake and sleeping hours by conducting observational checks of each child at least every hour ") and are conducted on the residents throughout the day to ensure their safety and security. During overnight hours , BFRC staff conduct room checks every 15 minutes. BFRC implemented 15 minutes checks after consulting and agreeing with Pennsylvania Department of Human Services (PA OHS) that it would be a best practice. Room checks are performed by illuminating the floor or the ceiling of the hou sing area with a flashlight. The light is not directed at the residents. BFRC is currently working with PA DHS to change the nighttime room check requirements from every 15 minutes to once every hour. The propo sed changes are currently pending approval by PA OHS. BFRC's Resident Room and Room Check Policies for 2014 and 2016 are attached. (Ex. 15 & 16). The 2014 policy is currently in effect. The 2016 document is a proposed policy and remains pending. 7 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 8 of 132 Page ID #:6757 Children Must Sleep in Own Bed 14. Several declarants indicated that children cannot sleep in the same bed as their parents . This policy is required by PA OHS and is designed to help ensure the safety and security of the children . When BFRC previously requested clarification on this issue, PA OHS responded on June 25 , 2015 , that co-sleeping is not a safe practice and would violate 55 Pa. Code § 3800.53(b) ("The director shall be responsible for administration and management of the facility , including the safety and protection of the children , imp lementation of policies and procedures and compliance with this chapter.") . Notably , the parent ' s bed is immediately adjacent to their child ' s bed. Food is Expired or Poor Quality 15. Severa l declarants indicated that the food served at BFRC is expi red or of poor quality. Although some residents may not like some food items, BFRC prov ides its residents with quality and nutritional food. Attached are menus for the period May 29 - June 11, 20 16 . . (Ex. 17) demonstrating that mu ltiple dining options are available to residents. The BFRC also maintains strict sanitation and hygienic practices to ensure against contami nation of the food and to meet governmental health and safety codes. Food supplies are inspected on a daily basis and, if determined to no longer be suitable for consumption, are immed iately discarded. A registered dietit ian must complete an analysis of the BFRC's food service program on an annual basis in order to determine whether the program is meeting the required nutritional standards . (Ex. 18) Additionally, offic ials from the Commonwealth of Pennsylvania Department of Agriculture, Bureau of Food , Safety and Lavatory Services inspects the BFRC ' s food service progran1 twice a year (in March or April and in October or 8 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 9 of 132 Page ID #:6758 Novembe r) to ensure sound nutritional, sani tary , and hygienic practices are maintained. date, the BFRC's food program has passed all certificat ion s and in spections. To (Ex. 19). Complaint that Same Washing Machines Used to Wash the Mops and Dirty Rags Are Used to Wash Residents ' Clothes 16. Some declarants indicated that the same washi ng machines that are used to wash the mops and di1ty rags are used to was h residents ' clothes. Resident clothing and cleaning supplies are laundered in separate facilities with in BFRC. Resident clothing is laundered u sing machin es located on the third floor of the BFRC. Mops and cleaning towels are laundered using machi nes on the second floor. A sig n (Ex. 20) is posted on the se machines advising residents that they sho uld not be used for purposes of was hing their clothing. BFR C staff inspects all bedding to ens ure it is properly laund ered prior to being issu ed to residents . Soiled , or ripped bedding is not issued to residents. The BFRC contracts with a commercial cleaner to launder all linen s, to includ e towels, bed shee ts, and pillowcases . Ma le and Fe male Residents Can Comming le at BFRC 17. Two declarants (Ce lina Sxxx-xxx, Plaintiffs Ex. 28 ,I 22, and Karen Zxxx -xxx, Plaintiffs Ex. 39 ~ 23) indicated that deta ined men are coming led with detained mothers and children at BFRC. The BFRC accommoda tes both male and female heads of households and their childr en. Inasmuch as the BFRC is an un-secured faci lity that does not restri ct the movement of residents, male res idents are permitted to coming le wit h fema le residents with in program areas , to includ e activity rooms, day rooms, te lephone rooms , and outdoor recreational areas. Both male and fema le residents are precluded from entering the bedrooms occupied by an adult of the opposite sex. They are also precluded from congregating in bedrooms , as there are many areas in the BFRC to relax with other residents for conver sation . Moreover, anytime an unrelated child is present in a bedroom , adu lt 9 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 10 of 132 Page ID #:6759 residents, regardless of his/her sex, must have staff supervision while in that bedroom if the child 's parent is not present. Children may enter their parent's bedroom only in the company of their parents. BRFC's guidance on housing classifications is in the BFRC Resident Handbook at page 9 and listed in Exhibit 21. There are also separate shower rooms labe led accord ing to gender (ma le and fema le). Children 9 years and older will shower acco rdin g to their gender. Children 8 years and younger will shower only under the direct supervision of their parent. Notably, counselors are stationed throughout the center to ensure the safety and security of reside nts and to assist them with any issues or needs. Residents are also provided a handbook upon arrival, whic h out lines acceptab le behavior and the consequences of inappropriate actions or behavior. Chi ldren Cou ld Have Been Placed with Famil y Member Residing in U.S. 18. A number of declarants indicated that ICE need not detain some chi ldren because they have another parent , family member, or friend living in the United States who could have taken care of them : VictorRxxx-xxx (Plaintiffs Ex. 21) Waller Mxxx -xxx (Plaintiffs Ex. 22) (On Marc h 4, 2016 , Walter ' s mother submitt ed a request for release based on Walter ' s medical issues. The request was granted on March 11, 20 16.) Yxxx xxx xxx -xxx (Plaintiffs Ex. 23) Cesia Vxxx-xxx (Plaintiffs Ex. 29) Kelly Gxxx -xxx (Plaintiffs Ex. 3 1) Maria Mxxx-xxx (Plaintiffs Exhibit 32) Karen Zxxx-xxx (Plaintiffs Ex. 39) Allison Mxxx-xxx (Plaint iffs Ex. 40) 10 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 11 of 132 Page ID #:6760 Because both the mother and children were issued final expedited removal orders , they are subject to mandatory detention pending removal from the United States. See INA 235(b)(l )(B)(iii)(IV) (an alien ''shal l be detained ... until removed. "); see also 8 C.F.R. § 235.3( b)(2)(iii) (an alien issued an expedited removal order ' ·shall be detained pending ... removal. "). Although ICE maintains limited discretion to parole aliens subject to expedited removal orders when "required to meet a medical emergency or is necessary for a legitimate law enforcement objective," these families failed to meet the noted exceptions and, therefore , did not warrant release. See 8 C.F.R. §§ 235.3(b)(2)(iii) (expedited removal proce ss pending or expedited removal order issued). But for the grant of stays of removal initially issued by the U.S. District Cou ,t for the Eastern District of Pennsylvania and now by the U.S. Comt of Appeals for Third Circuit pending its review of the District Court ' s dismissal of the mother s' habeas petitions - the families would likely have been removed from the United States pursuant to the lawfully issued expedited removal orders. Right to Receive a Bond Hearing 19. Two declarants (Victor Rxxx-xxx (Plaintiffs Ex. 21) and Allison Mxxx-xxx (Plaintiffs Ex . 40)) indicated that they did not know they were entitled to a bond hearing. Insofar as both residents and their mothers are the subjects of final Expedited Removal orders , they are statutorily ineligible for a bond hearing before an immigration judge. Their detention is governed under INA§ 235(b). See INA § 235(b)(l )(B)(iii)(IV) ( an alien issued an expedited removal order '·shall be detained ... until removed. "); 8 C.F.R . § 235.3(b)(2)(iii) (an alien issued an expedited removal order "s hall be detained pending ... removal."). Although ICE maintain s limited discretion to parole aliens subject to expedited removal when parole is " required to meet a medical emergency or is necessary for a legitimate law 11 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 12 of 132 Page ID #:6761 enforcement objective ," these cases failed to meet the noted exceptions and, therefore , did not wanant release. fNDIVIDUAL COMPLAfNTS 20. In addition to the general complaints listed above, some declarants had individual complaints. I have addressed these complaints below. 21. Declaration of Walter Mxxx-xxx (Plaintiffs Ex. 22) a. Walter Mxxx-xxx indicated that during meals, BFRC locks the doors so residents must stay in the cafeteria. He stated "I know [the doors] are locked because they have to swipe a card ... Even if the doors are unlocked , we cannot just leave because there are always guards by the doors ."). (Plaintiffs Ex. 22 ~14). Response : Walter is mistaken. The cafeteria is open to the resident s during three daily meal periods, namely breakfast (6:30 to 8:00 am), lunch (12:00 to I :00 pm), and dinner (5:30 to 6:30 pm) . The doors to the cafeteria are not locked du.ring the meal periods, and resident s can freely come and go as the y chose. Also , there are no "guards " at the BFRC. Cou nselors are stationed throughout the center to ensure the safety and security of residents and to assist them with any issues or needs. The BFRC is an un-secure d facility. Baning temporary restrictions due to medical or security reason s, residents can freely move within the program areas of the center without pem1ission from staff, to include hou sing areas, day rooms , shower rooms , activity rooms , classrooms, the law librar y, telephone rooms, and outdoor recreational areas. Residents do not have access to certain areas of the center , such as the administrative office space for County and ICE officials, storage areas , and mechanical space. These restricted areas are accessible by BFRC staff and ICE personnel through the use of a swipe card. 12 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 13 of 132 Page ID #:6762 22. Declaration of Celina Sxxx-xxx (Plaintiffs Ex. 28) a. Celina Sxxx- xxx has expressed a fear that if she leaves BFRC without permission "the guards would arrest me and take my son away. " (Plaintiffs Ex . 28 ~21) Response : The BFRC is an un-secured facility where residents can freely move about within its non-restricted areas and its outdoor recreational spaces. Insofar as the residents are in ICE custody, they are prohibited from leaving the center and its grounds without authorization or supervision. If a resident were to leave BFRC without authorization, they could be considered a fugitive and subsequently may be arrested by ICE officers depending on the circumstances of their departure and their individua l case. Residents are provided a Resident Handbook (Ex. 2) upon admission to the center, which states on page 28 that leaving the grounds of the center without permission is a major disciplinary offense. Potential discipline is covered on pages 24-25 of the handbook. There are no "guards " at the BFRC. There are counselor s stationed throughout the center to ensure the safety and security of residents and to assist them with any issues or needs. These counselors do not have the authority to arrest a resident. Add itionally, the counselors are without authority to remove a chi ld from his/her parent , in the absence of clear conduct on the part of the parent that endangers the child's safety and security . 23 . Declaration of Cesia Vxxx -xxx (Plaintiffs Ex. 29) a. Cesia Vxxx-xxx indicated the " staff here are not nice to us. They treat us like we have some kind of contagious disease. Some of them wear gloves when they think they have to touch us. They are not friendly or nice to us.") (Plaintiffs Ex. 29 ~15). Response: BFRC staff are committed to ensuring residents at the cente r are treated in a respectful, courteous, and professional manner. In accordance with proper sanitation and hygienic practices, BFRC staff utilize gloves when handling food , soiled laundry, trash, and other potential unhygienic materials. BFRC staff also exercise universal precaution s and 13 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 14 of 132 Page ID #:6763 utilize gloves when assisting residents with medical issues and when responding to any incident involving the possible discharge of bodily fluids. 24 . Declaration of lsamar Sxxx-xxx (Plaintiffs Ex. 30) a. Isamar Sxxx-xxx indicated residents must clean the faci lity . (Plaintiffs Ex. 30 ~28 , 38) Response: In accordance with the Family Residential Standards , residents are required to properly maintain their living areas within the center. Each adult resident is responsible for daily personal housekeeping to include straighte ning their bedroom, making their bed, picking up debris , and cleaning th e floor , as well as cleani ng their personal bathroom in coordination with their roommates . Personal hou sekeeping also includes participating in clean ing resident showe rs following a rotational schedule. Resident showers are not located within the bathrooms adjoined to their sleeping qua1iers. Adult residents are also allowed to part icipate in a Voluntary Work Program , which affords them the opportunity to work and receive compensation during their stay . Work assignments include food serv ice, general building and ground maintenance , and housekeeping. Residents are compensated $1.00 per day , which is tran sferred to the residents ' accounts on a weekly basis . See BFRC Resident Handbook - Personal Resident Housekeeping (pg. 20-21) and the BFRC ' s Housekeeping and Vo lunt ary Work Program SOP (Ex . 22). b. Isamar Sxxx-xxx stated that she did not see a list of legal providers near the phone. She also stated that if she wanted to make a free call to the lawyers , she has to ask the caseworkers to call for her. (Plaintiffs Ex. 30 ~32) . Response: Res idents are provided a list of pro bone or low-cost legal service provider s upon admission to the center. (Ex. 3) A list of free legal services is also posted within the rooms utili zed by residents to make telephone calls , the designated court area , and in the residential information center. (Ex 4) Residents are able to contact legal service providers 14 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 15 of 132 Page ID #:6764 on the list at no cost using the ICE free access telephone system. Additionally, residents are permitted to purchase phone cards that allow them to make phone calls to legal service providers , fami ly, and friends without assistance from BFRC staff Moreover, residents may also receive phone cards through the mail. If residents do not have the money to purchase a phone card and would like to contact their attorney, BFRC staff will arrange for them to make toll free ca lls. Telephone calls to legal providers are not monitored or recorded. Legal representatives are permitted to visit residents seven days a week between the hours of 8:00 am and 8:00 pm . Legal providers are permitted to visit their clients outside of these hours on a case by case and as-needed basis. c. Jsamar Sxxx-xxx indicated that her daughter was not allowed to take a chocolate drink out of the cafeteria. (Plaintiffs Ex.30 ~34). Response: BFRC residents may not take food outside of the cafeteria . This restriction is contained both in the BFRC Resident Handbook (pg. 17) and on signs posted in the cafeteria. (Ex. 23-26) There are kitchenettes on the same floors as the residents ' bedrooms and activity rooms that contain fruit, snacks and drinks , to include milk . These items , which are routinel y replen ished , are available 24 hours a day. d. lsamar Sxxx-xxx indicated that at 7:00 a.m. they start yelling that we have to get up and do a room check." (Plaintiffs Ex. 30 ~ 35). Response : In the morning start ing at 6:30 a.m., the counselors will open the door to the residents ' room for purposes of conducting a census and ensuring they have an opportunity to attend breakfast. Counselors will give a resident a verbal reminder at 7: 15 a.m., if the resid ent appears to still be sleeping. Breakfast is schedu led from 6:30 a.m. to 8:00 a.m. to ensure it is within 14 hours of the evening meal , as directed by the Family Residential Standards. Residents can return to their rooms at any time of the day to rest and/or sleep. 15 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 16 of 132 Page ID #:6765 e. Isamar Sxxx-xxx indicated that one time my daughter hid in my bed and the staff accused me of hiding her. They made me and my daughter go to see the psychologist. (Plaintiffs Ex. 30 ~35). Response: The reason for the restriction on children not sleeping with parents was explained above . The BFRC staff has no record of this alleged incident. Notwi thstanding and as a general matter , while BFRC residents are offered the opportunity to speak with a mental health provider , they are not required to engage in such discus sions. f. Isamar Sxxx -xxx indicated that there are some places residents cannot go within the facility, that when residents go outside they have to have a staff member watch them , and after 8 :00 p .m. residents are restricted from going downstairs and must stop using the computers. (Plaintiffs Ex. 30 ~36) . Response: As stated in the BFRC Resident Handbook (pg . 10), " Barring temporary restrictions due to medical or secur ity reasons , free movement hours are from 8:00am to 8:00pm each day. During this time , adult residents are allowed to move freely throughout all programing areas of the Center without first asking staff perm ission or notifying staff where they are going . Children age 10 and older may participate in free movement , when issued a pass by their parent. Children over 10 who do not currently have a pass and all children under 10 years old are expected to be under the direct supervision of their parent at all times when not in school or participating in an organ ized activity. Outside of free movement hours , residents are expected to remain on the bedroom floor. This floor has resident bedrooms, dayroom , law library , telephone room, medical department , bathrooms, a kitchenette with snack s and drinks , and shower rooms; all of which may be accessed freely 24 hours a day." In instances were residents utilize the outdoor recreational areas , BFRC counselors are present to ensure the safety and security of residents, particularly child residents . 16 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 17 of 132 Page ID #:6766 25 . Decla ration of Kelly Gxxx -xxx (Plaint iffs Ex. 31) a. Kelly Gxxx-xxx indicated that her son, now age 12, is in class a few hours a day with children who are eight or nine years old , and he gets bored. (Plaintiffs Ex. 31112). Response: ft is the policy of BFRC to ensure all children receive educational services and programming in accordance with Pennsylvania Educational Standards to the resident's level of deve lopment and comprehension while in a structured classroom environment. (Ex. 27) The teaching staff are certified to teach in accordance with Pennsylvania State regulations. Additiona lly, the teaching staff are "Eng lish as a Second Language " (ESL) ce1tified or are enrolled in an ESL certification program . Teaching staff are provided ongoing training on cultural awareness and sensitiv ity and child development theory. A standardized educational assessment , using age appropriate testing toois , are utilized to determine each resident' s educational level within three days of his or her arrival at the center. An educationa l plan is developed for each resident based on his/her indi vidual educational level. Developmental levels are assessed and monitored , to include monitoring the academ ic progress of residents to determine the necessity to re-test every 90 days . Due to the varying academic abilities of stud ents , classes often include children of different age levels. See the BFRC Educational Standard s SOP (Ex. 27). Upon his arriva l at BFRC , Kelly Gxxx-xxx's son, Gary, was initially placed in a third through sixth grade classroom . However , after further eva luation of Gary' s academic abilities , and after he displayed abi lities that were more advanced than others in class, he was moved to the seventh through tenth grade room. Gary is currently being taught with the more advanced students and appears to be challenged, yet doing well. b. Ms . Kelly Gxxx-xxx indicated her room is by the laundr y room and employees do laundry at night and it' s very noisy . (Plaintiffs ' Ex.3 1 1 13). 17 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 18 of 132 Page ID #:6767 Response: At times , the BFRC staff has utilized the washing machines at night. However, neither the BFRC staff nor ICE personnel have ever received a complaint regarding the noise made by the washing mach ines. ICE will discuss this complaint with the BFRC to see if any mitigating actions can be taken to limit any loud noises emanating from the laundry area . 26 . Declaration of Maria Mxxx-xxx (Plaintiff Ex. 32) a. Maria Mxxx-xxx indicated that she does not feel free to leave BFRC . (Plaintiffs Ex. 32 ~14). Response : BFRC is an un-secured facility; there are no phys ical impediments to a resident depaiting the facility. If a resident were to leave BFRC without authorization, however, they could be considered a fugi tive and subsequently may be anested by ICE officers depending on the circumstances of their departure and their individual case. 27 . Declaration of Allison Mxxx-xxx (Plaintiff Ex. 40) a. Allison Mxxx -xxx indicated that guards bang on the doors at 6:30 a.m . (Plaintiff s Ex . 40 ~18). Response: There are no "guards " at the BFRC . Unlike a guard, the BFRC counse lors are not law enforcement officers and have no arrest authority. Counselors are stationed throughout the center to ensure the safety and security of residents and to assist them with any issues or needs. In the morning starting at 6:30 a .m., the counselors will open the door to the residents ' room for purposes of conducting a cen sus and ensuring they have an opportun ity to attend breakfast. Counselors will give a resident a verbal reminder at 7:15am, if the resident appears to still be sleeping. Breakfast is scheduled from 6:30 a.m . to 8:00 a.m. to ensure it is within 14 hours of the evening meal , as directed by the Family 18 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 19 of 132 Page ID #:6768 Residential Standards . Residents can return to their rooms at any time of the day to rest and/ or sleep. b. Allison Mxxx -xxx indicated that residents are corralled in common areas all day long and after 8:00 p.m. residents are kept only on the second floor. (Plaintiffs Ex. 40 ~18, 22). Response: The BFRC is an un-secured facility. Barring temporary restrictions due to medical or sec urity reasons, residents can freely move within the program areas of the center during free movement hours from 8:00am to 8:00pm each day to include housing areas, day rooms, shower rooms, activity rooms , classrooms , the law library , telephone rooms, and outdoor recreational areas without permission from staff. Residents do not have access to certain areas of the center such as the administrative office space for County and ICE officials, storage areas, and mechanjcal space. These restricted areas are accessible by BFRC staff and 1CE personne l through the use of swipe-cards . Outside of free movement hours, residents are expected to remain on the bedroom floor. This floor has resident bedrooms, dayroom , law library , telephone room , medical depa1iment, bathrooms , a kitchenette with snacks and drinks , and shower rooms; all of which may be accessed free ly 24 hours a day . c. Allison Mxx x-xxx expressed concern about her bedtime, 9:00 p.m . no matter the day. (Plaintiff Ex. 40 ~18). Response : The Resident Handbook states, "The general bedtime for children 5 years to 18 years is 9 :00 p .m. Sunday through Thursday. Lights are turned out 15 minutes after these bedtimes. There are no general bedtimes set for children on Friday and Saturdays. Parents are encouraged to continue (or develop) their children's bedtime routines whi le at the Center." The BFRC counselors will recommend that children go to bed at 9:00 p.m.; 19 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 20 of 132 Page ID #:6769 however , it is ultimately within the control and discretion of the parent as to the time his/her child goes to sleep. 28. Declaration of Attorney Bridgett Cambria (Plaintiffs Ex. 3 ~7). a. Attorney Cambria complains ICE denied summarily and without individual analysis all requests for release for the following clients: Steven Axxx-xxx (Cambr ia Deel. Ex . 3 ~ 9.a) Ludwin Cxxx-xxx (Cambria Deel. Ex . 3 ~ 9.b) Estefany Mxxx-xxx (Cambria Deel. Ex . 3 ~ 9.c) Allison Mxxx-xxx (Cambria Deel. Ex. 3 ~ 9.c) Ashley Mxx x-xxx (Cambria Deel. Ex. 3 ~ 9.d) Joshua Lxxx-xxx (Cambria Deel. Ex. 3 ~ 9.e) Jefferson Axxx-xxx (Camb ria Deel. Ex. 3 ~ 9.f) Response: ICE conducts thorough and comprehensive reviews of all requests for release and parole. The families are subjects of final Expedited Removal orders and their detention is governed under INA §235(b) . See INA §235(b)(l)(B)(iii)(fV) (an alien "sha ll be detained .. . until removed."); see also 8 C.F.R. § 235.3(b)(2)(iii) (an alien issued an expedited removal order "sha ll be detained pending ... removal."). Although ICE maintains limited discretion to parole aliens subject to expedited removal when parole is '·required to meet a medical emergency or is necessary for a legitimate law enforcement objective ," these cases failed to meet the noted exceptions and , therefore, did not warrant release . 8 C.F.R. §§ 235 .3(b)(2)(iii) (expedited removal process pending or exped ited removal order issued). 20 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 21 of 132 Page ID #:6770 29. An Index of Exhibits is attached to this declaration. I declare, under penalty of perjury under 28 U.S.C . § 1746, that the foregoing is true and correct to the best of my know ledge , information and belief. Executed on this 3rd day of June , 2016. Assistant Field Office Director (AFOD) Enforcement and Removal Operations - Philadelphia Office U.S. Immigration and Customs Enforcement U.S. Department of Homeland Security 21 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 22 of 132 Page ID #:6771 INDEX OF EXHIBITS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20 . 21 . 22 . 23. 24. 25. 26. 27 . Sample PIRC Sign-Up Sheet BFRC Resident Handbook List Pro Bono Providers Bull etin Board - Wide View Bulletin Board - Telephone Information Bulletin Board - Telephone Free Phone Calls Bulletin Board - Telephone Access Spanish Bulletin Board - Telephone Access Bullet in Board - List of Numbers 1 Bulletin Board - List of N um bers 2 Bulletin Board - List of Numbers 3 Bulletin Board - List of Numbers 4 Bulletin Board- List of Numbers 5 Bulletin Board - List of Numb ers 6 Policy 40.085, SOP - Observational Checks, Nov 1, 2014 Draft Policy 40 .085, SOP-Observational Checks, Nov 28, 2014 Menu-May 29 to Jun 11, 20 16 Dietitian Ltr , Aug. 6, 2015 Retail Food Fac ility Inspection Report, Apr 14, 2016 & Nov 9, 2015 Photo - Washing Machine Housing Classification, Dec 7, 2015 Policy 12.010, SOP - Housekeeping and Voluntary Work Program , Dec 1, 2013 Sign Prohibiting Removal of Food from Dining Area Sign Prohibiting Removal of Food from Dining Area Sign Proh ibiti ng Removal of Food from Dining Area Sign Prohibiting Removal of Food from Dining Area Policy 05.0 10, SOP - Education Standards , Dec. 1, 2013 22 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 23 of 132 Page ID #:6772 Exhibit 1 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 24 of 132 Page ID #:6773 Sign up to speak to P.I.R.C. _,Hablar con P.I.R.C. Date Nani~: . ,,,. .~ S,~...-....p sl.ic.c.r A.- p,~ loc....1"e.t o ....+s,d.L. Co.1t.,.,.,.-~ o~·<-~ Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 25 of 132 Page ID #:6774 Exhibit 2 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 26 of 132 Page ID #:6775 Berks Family Residential Center Resident Handbook 1040 Berks Road Leesport, PA 19533 610.396.0310 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 27 of 132 Page ID #:6776 Table of Contents INTRODUCTION 5 MAILING ADDRESS AND TELEPHONE NUMBER 5 THE RESIDENT INFORMATION CENTER 5 RESIDENT HANDBOOK 5 RESIDENT RIGHTS AND RESPONSIBILITIES 6 RESIDENT PROGRAM RULES 7 RESIDENT REQUESTS 8 CONTACTING IMMIGRATION 8 CASEWORKERS 9 LIVING ARRANGEMENTS 9 BEDROOMS 9 CHILDREN’S BEDTIMES 10 OVERNIGHT CHECKS 10 FREE MOVEMENT 10 OUTDOOR CAMPUS ACCESS 11 CHILDREN’S FREE MOVEMENT PASS 11 CLOTHING 11 CENTER CLOTHING ROOM 11 PURCHASING CLOTHING 12 INDIGENT RESIDENT CLOTHING 12 RESIDENT DRESS CODE 12 LINENS 12 LAUNDRY 13 PERSONAL HYGIENE 13 ALLOWABLE PERSONAL PROPERTY 13 WRITING INSTRUMENTS 14 GENERAL SAFETY/EVACUATION DRILLS 14 RESIDENT CENSUS 15 THE CENTER LAYOUT 15 Berks Family Residential Center Resident Handbook Page 1 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 28 of 132 Page ID #:6777 MEALS 17 KITCHENETTES 17 SPECIAL DIETS 17 RELIGIOUS SERVICES 18 CHAPLAIN 18 MEDICAL SERVICES 18 EMERGENCY MEDICAL SITUATIONS 18 SICK CALL 18 DENTAL SERVICES 19 MENTAL HEALTH SERVICES 19 ROUTINE OVER THE COUNTER MEDICINES 19 MEDICATIONS 19 MEDICAL DEPARTMENT CONDUCT 19 MEDICAL CARE COMPLAINTS 20 SEXUAL ABUSE AND ASSAULT PREVENTION AND INTERVENTION 20 RESIDENT CHORES 20 TELEPHONE ACCESS 21 ICE FREE ACCESS TELEPHONE CALLS 21 INDIGENT RESIDENT TELEPHONE ACCESS 21 LEGAL ASSISTANCE TELEPHONE ACCESS 22 COMPLAINT AND GRIEVANCE PROCEDURES 22 EMERGENCY GRIEVANCE PROCEDURES 23 NON-GRIEVABLE MATTERS 23 STAFF MISCONDUCT 23 CONTRABAND 23 DISCIPLINARY PROCEDURES 24 DISCIPLINE HEARING APPEALS 25 DISCIPLINE PROCEEDING POSTPONEMENTS 25 CORRECTIVE SANCTIONS FOR CHILDREN 26 Berks Family Residential Center Resident Handbook Page 2 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 29 of 132 Page ID #:6778 CORRECTIVE SANCTIONS FOR ADULTS DESCRIPTION OF OFFENSES 26 26 LOW OFFENSES 26 MODERATE OFFENSES 27 MAJOR OFFENSES 28 EDUCATION SPECIAL NEEDS INFORMATION 29 29 MARRIAGES 30 COMMISSARY 30 COMMISSARY GUIDELINES 30 FINANCES 30 VOLUNTARY WORK PROGRAM 31 VISITATION 31 DIRECTIONS TO THE CENTER 32 SOCIAL VISITATION 32 LEGAL AID VISITATION 32 CONSULAR VISITATION 32 VISITOR DRESS CODE 33 LEGAL INFORMATION 33 LAW LIBRARY / ACCESS TO LEGAL MATERIALS 33 MATERIALS PROVIDED BY LEGAL REPRESENTATIVES 33 LEGAL ORIENTATION PRESENTATIONS 33 FREE LEGAL ASSISTANCE 34 ROUTINE SANITATION AND SAFETY INSPECTIONS 34 NON-ROUTINE SEARCHES 34 SEARCHES OF PERSONS: 34 MAIL / CORRESPONDENCE 34 INDIGENT RESIDENT MAIL 35 SPECIAL CORRESPONDENCE 35 POSTAGE AND ENVELOPES 36 Berks Family Residential Center Resident Handbook Page 3 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 30 of 132 Page ID #:6779 DISTRIBUTION OF INCOMING MAIL 36 POSTING OF OUTGOING MAIL 36 NOTARY PUBLIC 37 PHOTOCOPIES 37 MONEY ORDERS 37 HAIR CARE SERVICES 37 RECREATIONAL PROGRAM 37 RECREATIONAL OFFERINGS Berks Family Residential Center Resident Handbook 37 Page 4 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 31 of 132 Page ID #:6780 INTRODUCTION The Berks Family Residential Center (The Center) is contracted by U.S. Immigration & Customs Enforcement (ICE) and is operated by the County of Berks under an Intergovernmental Service Agreement. The Center’s mission is to allow families to remain together while in ICE custody in the least restrictive setting available while enforcing rules necessary to ensure the safety and well-being of residents and staff alike. Decisions on immigration related matters and any determination to release residents from the Center or remove them from the United States is the responsibility of ICE, not Berks County. The Juvenile and Family Residential Unit (JFRMU) monitors activity at this Center. JFRMU is a unit within U.S. Immigration and Customs Enforcement and is responsible for all operations where ICE families are housed. The JFRMU officer at this site is responsible for monitoring the health, safety and security of residents placed here. This officer ensures the Center is in compliance with federal standards relating to a variety of topics including food service, sanitation, medical care, visitation, and legal rights. The JFRMU officer welcomes resident conversation concerning these and other Center issues. MAILING ADDRESS AND TELEPHONE NUMBER Berks Family Residential Center 1040 Berks Road Leesport, PA 19533 610-396-0310 x2400 THE RESIDENT INFORMATION CENTER The Resident Information Center is located by the dining room on the bedroom floor and is freely accessible 24 hours a day. Forms and mailboxes are located there relating to legal assistance, ICE communication requests, grievances, sick call, mail, commissary, case worker assistance, recreational activities, a copy of the current resident handbook and required postings among other things. RESIDENT HANDBOOK The purpose of this handbook is to provide residents with specific rules, regulations, policies and procedures that must be followed while residing at the Center. The handbook will also provide a general overview of the programs and services offered at the Center. Upon admission to the Center, each family is provided with a copy of the resident handbook. It is your responsibility for you and your family to become familiar with the contents of this handbook and to ask staff questions if there is anything you do not understand. Questions may be directed to any of the staff or ICE. A copy of the current resident handbook is also posted at the Resident Information Center. Berks Family Residential Center Resident Handbook Page 5 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 32 of 132 Page ID #:6781 Occasionally, changes need to be made to the resident handbook. When this occurs, residents will be given the updates and the updates will also be posted at the Resident Information Center. RESIDENT RIGHTS AND RESPONSIBILITIES It is Center policy to treat residents with dignity and respect while maintaining a safe, secure, and sanitary residential center. It is expected that staff will receive your full cooperation while you reside here. Although staff may not know newly admitted residents by name, they are always expected to address you in an appropriate and respectful manner. You are expected to address other residents and staff in the same manner. • You have the right to be informed of the rules, procedures and schedules concerning the operation of the Center. You have the responsibility to know and abide by them; • You have the right to freedom of religious affiliation and voluntary religious worship. You have the responsibility to recognize and respect the rights of others in this regard; • You have the right to contact your consulate or embassy and have those officials call and visit you during your stay at the Center. See the sections on telephone usage and visitation for more information; • You have the right to receive regular health care, nutritious meals, proper bedding and clothing, an opportunity to shower regularly, hygiene products, proper indoor climate control, and regular exercise opportunities among other things. It is your responsibility to seek medical care as needed, to not to waste food, to follow the laundry schedule, to maintain proper hygiene and keep your living quarters clean; • You have the right to protection from personal abuse, corporal punishment, unnecessary and excessive use of force, personal injury, disease, property damage and harassment; • You have the right to freedom from discrimination based on race, religion, national origin, sex, handicap or political beliefs; • You have the right to pursue grievances in accordance with written procedures outlined in this handbook; • You have the right to due process, including the prompt resolution of administrative disciplinary matters as outlined in this handbook; • You have the right to unrestricted and confidential access to the courts; • You have the right to pursue legal assistance at no cost to the United States Government; • You have the right to use the law library. You have the responsibility to use those resources responsibly and to respect the rights of other residents in the use of the space and materials; • You have the right to freely correspond with persons or organizations; Berks Family Residential Center Resident Handbook Page 6 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 33 of 132 Page ID #:6782 • • • • You have the right to have family members and friends visit. You have the responsibility to conduct yourself properly during visits; You have the right to take advantage of activities and programing, which may aid in an enjoyable stay at the Center. You have the responsibility to abide by the rules governing the use of such activities and programs; School aged children have the right to attend school and receive instruction equal to that of their peers. You have the responsibility to ensure children attend school and study for assigned class work and homework; Children have the right to participate in all age appropriate activities and programing when not in school. You have the responsibility to encourage them to participate in leisure activities, ensure they abide by all Center rules including respecting the personal space of others and refraining from bullying behavior. RESIDENT PROGRAM RULES • • • • • • • • • • • • • • • • • Follow the directives that are given by the Center staff; Wear your Center identification card in plain view at all times, except when directed by staff; Treat all residents and staff with respect and courtesy, regardless of race, religion, ethnicity, gender or age; Attend to the physical and emotional needs of your children while modeling appropriate behavior; Monitor your child’s behavior and use only approved behavior modification techniques when necessary. Corporal/ physical punishment is prohibited; Do not file knowingly false complaints, grievances or other reports; Do not speak disrespectfully, or be verbally or physically aggressive towards other residents or staff. Should you encounter others displaying this behavior, report it immediately to staff; Do not have physical or intimate contact with your spouse or other residents or staff while at the Center. See the section on sexual abuse and assault prevention for more information; Do not possess contraband while at the Center; Respect the rights of other residents and staff; Do not take or borrow other residents’ property; Comply with census procedures; Perform assigned chores; Maintain proper hygiene; Clean your bedroom and private bathroom every morning; Complete your laundry on the assigned day; Conduct yourself in an orderly manner during meals, clear your immediate area after each meal and ensure your children’s area is also cleaned; Berks Family Residential Center Resident Handbook Page 7 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 34 of 132 Page ID #:6783 • • • • • • • • • • • For students- follow classroom rules that are established by the teachers and the Center staff; Promptly report broken items or damaged property to staff; Alert staff immediately of any problems or concerns; Ask staff if you do not understand or remember Center rules; Abide by the room visitation policy. See the section concerning bedrooms for more information; Do not borrow or trade clothing, hygiene products, jewelry or make-up; Do not deface or otherwise damage Center property; Comply with the dress code found in this handbook; Do not use tobacco products, alcohol or gum; Do not waste food; Do not use profanity. Failure to follow the above rules may result in the initiation of disciplinary proceedings. Serious and/or continuous infractions may lead to a review of your continued suitability for placement in this residential setting. See the section on disciplinary procedures for more information. Residents who act in an aggressive manner and/or attempt to cause harm to themselves or others, may be passively restrained under the Center restrictive procedure policy to protect themselves and others. RESIDENT REQUESTS Generally, residents can have questions answered and obtain services merely by speaking to staff. For those who would rather request information formally, the official method is by completing a Resident Request form. These forms are available at the Resident Information Center. Please complete all the information requested on the forms. You may obtain assistance from another resident or staff member in preparing your request form. Completed forms are to be placed in the mailbox labeled “Requests” located at the Resident Information Center. These forms are collected each business day and routed to a caseworker for resolution. This procedure is not to be used for submitting formal grievances. See the section on grievance procedures for more information. CONTACTING IMMIGRATION ICE staff are assigned to your immigration case and conduct announced and unannounced (not scheduled) visits to the Center. The purpose of these visits is to speak to residents about their immigration concerns and observe living conditions. You may visit with ICE during their announced visits and also submit written questions, requests or concerns to them by completing an ICE communication form. These forms are available at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “ICE. These forms are collected each business day and routed to ICE without Berks Family Residential Center Resident Handbook Page 8 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 35 of 132 Page ID #:6784 being read or altered. You may obtain assistance from another resident or staff member in preparing your request form. The ICE staff receiving your request form will respond to you. ICE officers are the only staff who can answer immigration related questions. See the posted ICE visit schedule at the Resident Information Center. The county staff, in blue shirts and tan pants/shorts you interact with at the Center cannot answer any immigration related questions. CASEWORKERS Each family admitted to the Center is assigned a specific caseworker, although questions may be directed to any of the caseworkers as needed. These caseworkers assist residents with questions regarding rights, rules, responsibilities, programing and services, housing and education, property issues, access phone numbers and addresses of family and friends, treatment referrals and other issues that arise while living at the Center. Residents may contact the caseworkers in their office on the activity floor during free movement and through the use of a Resident Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. Signup sheets for hair care services, legal aid assistance and phone calling cards among other items are located outside of the caseworkers’ office. LIVING ARRANGEMENTS Residents are expected to share common equipment such as telephones, televisions, tables, recreational games and other equipment. Quiet hours are from 10:30am to 6:30am on weekdays (Sunday night through Thursday night) and at 12:00 midnight to 6:30am on weekends (Friday and Saturday night) and holidays. During quiet hours residents are expected to refrain from activities which would disturb the sleep of others. BEDROOMS Children 12 years and under will be assigned a bedroom with their parent. Children 13 years and over will be assigned a bedroom with other children of the same gender and like age. Each resident is provided with their own bed. Residents should make their beds and straighten up their immediate area each morning. When not in use, beds should remain made. Beds are not to be moved. Due to the communal nature of the Center, where children from different families may room together, and non-related adults room together, residents must abide by the following room visitation policies to ensure the privacy and safety of all residents: Anytime an unrelated child is present in a bedroom, adult residents must have staff supervision while in that bedroom. Children may enter their parent’s bedroom only in the company of their parents. As there are many areas in the Center to relax with other residents for conversation, adults are not allowed to congregate in bedrooms. Residents are permitted to decorate their rooms with personal items, so long as the decorations do not present a health or safety hazard, do not peel paint off the walls or otherwise deface Center property. No items are allowed to cover Berks Family Residential Center Resident Handbook Page 9 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 36 of 132 Page ID #:6785 the light fixture, doors or windows. Items are not to be hung from vents or beds. Due to the communal nature of the Center, residents are encouraged to only change their clothes in the shower rooms or in their bathroom. Approved property will be stored inside assigned bedroom closets. See the section on allowed personal property for more information. Closets shall be kept organized. No open food or drinks are allowed to be stored in bedrooms. Unopened commissary purchases may be stored in bedrooms provided they are kept in a closed bin to discourage pests. All hygiene items must be stored hygiene boxes and kept in assigned bedroom closets. Toys are allowed in bedrooms during free movement hours. After free movement, all toys must be taken back to the common areas so that they can be sanitized for the following day. See the section on free movement for more information. CHILDREN’S BEDTIMES Children’s bedtimes were set to promote a routine for the Center children and to allow for their restful attendance in class. The general bedtime for children 4 years and younger is 8:30pm Sunday through Thursday. The general bedtime for children 5 years to 18 years is 9:00pm Sunday through Thursday. Lights are turned out 15 minutes after these bedtimes. There are no general bedtimes set for children on Friday and Saturdays. Parents are encouraged to continue (or develop) their children’s bedtime routines while at the Center. OVERNIGHT CHECKS State regulations require staff to conduct room checks at a minimum of every fifteen minutes during each overnight to ensure resident safety. During these checks staff is required to shine a flashlight into your room; the checks will be done with as little disruption as possible. FREE MOVEMENT Barring temporary restrictions due to medical or security reasons, free movement hours are from 8:00am to 8:00pm each day. During this time adult residents are allowed to move freely throughout all programing areas of the Center without first asking staff permission or notifying staff where they are going. Children age 10 and older may participate in free movement, when issued a pass by their parent. See the section on free movement passes for more information. Children over 10 who do not currently have a pass and all children under 10 years old are expected to be under the direct supervision of their parent at all times when not in school or participating in an organized activity. Outside of free movement hours, residents are expected to remain on the bedroom floor. This floor has resident bedrooms, dayroom, law library, telephone room, medical department, bathrooms and shower rooms; all of which may be accessed freely 24 hours a day. Berks Family Residential Center Resident Handbook Page 10 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 37 of 132 Page ID #:6786 OUTDOOR CAMPUS ACCESS The outdoor campus is open from 8:00am to 8:00pm or dusk, whichever is earlier. Outdoor recreation activities include soccer, tether ball, volleyball, and badminton and toddler activities. Outdoor recreation equipment (bikes, balls, jump ropes, hoops etc.) may be borrowed from the cart in the lobby of the recreation door. These items must be returned prior to going back inside the Center. Residents must report any loss or breakage to staff so the equipment stays in good working order and is replaced as needed. Drinking water and bathrooms are accessible while outside. To access the outdoor campus, residents must first notify staff near the recreation door then may exit out the recreation door without waiting for staff to accompany them. This is the only door that residents may use without being accompanied by staff (except in emergency situations). Staff will join residents who are outside to monitor their safety. When not participating in an organized activity, residents must stay within the boundaries of the post and rail fence. Should you need to leave this area, to retrieve a ball, etc., you must first notify staff supervising the area. Access to the outdoor campus may be temporarily suspended due to environmental conditions or for security reasons. CHILDREN’S FREE MOVEMENT PASS Children 10 years and older may receive a free movement pass from their parent which allows them to participate in the free movement program. This pass may be given, suspended and reinstated by the parent at any time of their choosing. Residents not receiving free movement passes for their children at admission should see a caseworker to obtain the passes. CLOTHING Residents must be properly dressed when outside of their bedrooms. See the section on resident dress code for more information. Each resident is allowed to keep 10 sets of personal clothing in their rooms. Children newborn to age 5 years may have 12 sets. These sets may be clothing you brought to the Center, clothing provided by the Center or clothing you purchased during your stay. Underwear, bras and socks will be exchanged as needed. Residents in need of new underwear or clothes should speak with staff or submit a Resident Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. Residents will not be allowed to have more items than those listed above, except when authorized by the Executive Director. CENTER CLOTHING ROOM Residents not arriving at the Center with a suitable amount of seasonally appropriate clothing, they may borrow clothing from the Center clothing room to use during their stay. There is no charge for clothing taken from the Center clothing room, but all clothing borrowed must be returned prior to departure. Ask staff to use the clothing Berks Family Residential Center Resident Handbook Page 11 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 38 of 132 Page ID #:6787 room, speak to your caseworker or submit a Resident Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. . PURCHASING CLOTHING Clothing is available for purchase at the Center commissary. If a resident cannot find suitable clothes utilizing the above avenues, they will be allowed to purchase them from a store in the local area. INDIGENT RESIDENT CLOTHING The Center will provide clothing to indigent residents who did not arrive at the Center with a suitable amount of seasonally appropriate clothing. Speak with your caseworker or submit a Program Request form if you are in need of clothes. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. RESIDENT DRESS CODE Residents 5 years and older: • Residents must wear tops that cover their shoulders, chest, stomach and lower back. • Tops cannot be worn where cleavage is exposed. • Form fitting shirts/tops are not permitted. • See through clothing is not permitted • All types of undergarments are permitted as long as they are not visible in any area or at any time. • Form fitting pants and shorts are not permitted. • Shorts should not be any higher then mid-thigh. • Dresses and skirts are not permitted, unless approved for religious reasons. • Shoes or sandals must be worn at all times • If an article of clothing is deemed inappropriate during the day it is still inappropriate for nighttime/sleeping hours. • Stud earrings, religious based necklaces and wedding bands are the only items of jewelry permitted. LINENS The following linens are provided to each resident upon admission to the Center: • 2 sheets, • 1 pillowcase, • 1 blanket, • 1 laundry bag Berks Family Residential Center Resident Handbook Page 12 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 39 of 132 Page ID #:6788 These linens will be exchanged for clean linens once a week, or more frequently as needed. Speak with staff should an occasion arise when you need clean linens outside the normal exchange day. LAUNDRY Laundry services are available 7 days a week. Each family is scheduled to wash their laundry on an assigned day. The laundry schedule is posted near the laundry room door on the bedroom floor. In the event clothing become soiled between scheduled laundry times, ask staff for additional clothing and/or to be given additional time to wash laundry. See staff at the bedroom floor courtesy desk for machine soap and machine use instructions. Report any machine issues to staff at the bedroom floor courtesy desk. PERSONAL HYGIENE At the Center, you will be living in close proximity with other families, so personal hygiene is essential. You are expected to bathe regularly and keep your hair clean. Upon arrival to the Center each resident was issued hygiene products. These items may be replaced as needed by submitting a Resident Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. You are also allowed to purchase hygiene items from the Center commissary. Feminine hygiene items are available in the female shower room on the bedroom floor. Residents have free access to showers during free movement hours, 7 days a week. Should you need to shower at other than free movement times, speak to staff. The shower rooms are labeled according to gender (male and female). Children 9 years and older will shower according to their gender. Should your child need assistance and is older than 9, see staff for accommodations. Children 8 years and younger will shower only under the direct supervision of their parent so as to not disturb other residents using the shower room. Adults may wear their own make-up. All make-up must fit in a hygiene box or it will need to be placed in storage. Razors are available at any time by speaking with staff at the bedroom floor courtesy desk. Residents will exchange their Center identification for a razor and return it to the courtesy desk staff immediately after use. Nail clippers and tweezers are available through the Center commissary. ALLOWABLE PERSONAL PROPERTY While at the Center, you are permitted to retain in your bedroom: • 10 sets of clothes per resident as described above; • Personal hygiene items; • Legal documents, legal papers and legal Information; • Photos; • Medical prostheses, (i.e. eyeglasses, dentures, etc.); Berks Family Residential Center Resident Handbook Page 13 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 40 of 132 Page ID #:6789 • • • • • Personal reference materials, (i.e. address/phone book and/or list of relatives, friends and/or other correspondence); Religious items (approval by the Center chaplain required). See the chaplain section for more information; Newspapers, magazines, books and other literature (limited to any combination of 3 at a time to ensure accumulations do not produce and/or effect fire safety standards); Items listed on the commissary work sheet; Artwork, crafts etc. that you have accumulated during your stay at the Center. Any items not included on this list will be considered contraband. Additional personal property must be approved by the Program Director prior to purchase/possession. WRITING INSTRUMENTS Residents over 12 years shall be issued a pen and pencil for their personal use while residing at the Center. Children 5 years to 11 years shall be issued a pencil for personal use while residing at the Center. Parents are responsible for the pens and pencils issued to their children. Broken and lost pens and pencils may be exchanged for new ones by speaking to staff or completing a Resident Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. Writing paper is available at the activity and bedroom floor courtesy decks or by completing a Resident Request form. Arts supplies (colored pencils, crayons) are available at the activity floor and bedroom floor courtesy desks. Parents must supervise young children using art supplies so as to not deface Center property. Residents may also purchase writing instruments and paper through the Center commissary. GENERAL SAFETY/EVACUATION DRILLS Center staff makes every effort ensure the safety of all residents and staff. Residents also have a responsibility for aiding in their family’s safety in the following ways: • Clean up your and your family’s spills or request staff assistance to do so; • Pay attention to posted warnings, such as wet floor signs and use reasonable care when in these areas; • Notify staff immediately if a fire, emergency or other possible hazard is observed. During an emergency, loud alarms may sound and bright lights may flash. At these times, residents must refrain from conversation unless it is directed to staff and concerns the immediate issue at hand. Your and your family’s safety depends on your ability to hear, understand and follow staff direction during an emergency. During an emergency, staff is required to evacuate all residents and staff to a predetermined outdoor evacuation location. Staff will confirm everyone has left the building by counting the residents and staff when they arrive at that location. If your children were not in your presence when the emergency occurred, you will reunite with them at the outdoor evacuation location. Berks Family Residential Center Resident Handbook Page 14 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 41 of 132 Page ID #:6790 The outdoor evacuation location is next to the resident soccer field. Please familiarize yourself with the diagram posted at the recreation door which shows the location of the outdoor evacuation location. There are exit diagrams posted around the Center which show the location of all emergency exits. Study these diagrams carefully and become familiar with their locations. Should an emergency occur and you are near a fire exit, do not wait for staff – go down the fire exit to the outdoor evacuation location and wait for staff to arrive. Per local, state and federal laws, the Center is required to perform evacuation drills. The Center performs several drills each month, at varied times of the day and night. These drills are not designed to inconvenience residents, but rather to comply with regulations and ensure resident and staff safety in the case of an actual emergency. Parents should advise and discuss these drills with their children. RESIDENT CENSUS At this Center, resident accountability is done through residents reporting for censuses 3 times during each 24 hour period. Census times are: 6:30am TO 7:30am 3:00pm TO 4:00pm 7:30pm TO 8:00pm Residents will report to the bedroom floor courtesy desk as family units during the times listed above. If residents are at an appointment near the close of the census time, the staff supervising the appointment will report the resident’s location. Residents who do not check in properly during census will be counseled regarding the requirement. THE CENTER LAYOUT The Center is comprised of two floors and an outdoor campus. The first floor, where you first entered the Center is the activity (A) floor and the second floor is the bedroom (B) floor. The outdoor campus is outlined by a post and rail fence. Activity Floor (A Floor): • • • • • • • • • • • Center Administration Visitation Court Library Internet Café Children Education Chapel Caseworkers’ Office Supervisors’ Office Adult Education Phone Room Berks Family Residential Center Resident Handbook • • • • • • • • • Indoor Recreation Room Resident Fitness Room Toddler Room Art and Activity Rooms Movie Room Additional Laundry (use with supervisor approval) Additional Showers (use with supervisor approval) Day Room Game Closet Page 15 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 42 of 132 Page ID #:6791 • • Kitchenette Table Games Berks Family Residential Center Resident Handbook • Outdoor Campus Page 16 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 43 of 132 Page ID #:6792 Bedroom Floor (B Floor): • • • • • • Bedrooms Phone Room (open 24/7) Law Library (open 24/7) Day Room Game Closet Table Games • • • • • Dining Room Medical Clinic Showers Laundry Kitchenette MEALS All menus are designed to be nutritionally balanced and are approved by a certified dietician. Residents are provided 3 meals each day in the dining room, located on the bedroom floor: Breakfast 6:30am -8:00am Lunch 12:00pm -1:00pm Dinner 5:30 pm – 6:30 pm Seating in the dining room is not assigned. Residents may sit wherever they desire for each meal. High chairs and booster seats are available in the dining room. Small children are expected to be seated during meals to encourage sound eating habits. Residents are required to be present in the dining room from: 7:30am to 8:00am 12:00pm to 1:00pm 5:30pm to 6:30pm Utensils and trays used in the dining room are not disposable. At the end of each meal, residents are required to clear their family’s immediate area and return all utensils and trays to be cleaned. Residents are allowed unlimited trips to the self-service bars in the dining room, and it is your responsibly to eat what you take, to reduce food waste. All food or drink must be consumed during the meal – no food or drink may be taken from the dining room. KITCHENETTES Fruit, snacks and drinks are available 24 hours a day at the activity and bedroom floor kitchenettes. Residents are not allowed to take more food or drinks from the kitchenettes than they will consume at one sitting. This food is replenished several times a day so there is no need to hoard kitchenette food. SPECIAL DIETS Therapeutic/medical diets shall be prepared and provided according to the orders of the Center medical department physician. Religious diets shall be prepared and provided for residents whose religious beliefs require the adherence to religious dietary laws. Residents are required to meet with the Center Chaplain for religious diet approval. See the section on the Chaplain for more information. Berks Family Residential Center Resident Handbook Page 17 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 44 of 132 Page ID #:6793 RELIGIOUS SERVICES All residents have access to religious resources, services, instructions and counseling while residing at the Center. These services include individual counseling, group prayer, Bible study and various church/worship services. These onsite religious services are provided through outside religious organizations and community volunteers. The Center Chaplain addresses all questions or concerns regarding religious opportunities or practices and will assist in obtaining materials on various faiths and may be able to facilitate visits by ministers of particular faiths. Outside religious persons may also freely visit with residents either by appointment made by the Chaplain, or during visitation hours. See the section on visitation for more information. There is a nondenominational chapel on the activity floor which is open during free movement hours for all residents to worship. Should you wish to worship at other than free movement hours, speak with the chaplain and he will make arrangements if possible. A schedule of scheduled services is posted at the Resident Information Center and outside the chapel. These services are open to all who wish to attend and are only limited by the occupancy of the chapel. If this occurs, additional arrangements will be made. In some situations, it is possible for residents to go off site for religious services. Should you wish accommodation such as for special religious observances, speak to the Chaplain who will coordinate the request if possible. CHAPLAIN The Chaplain is available at the Center Monday through Friday, from 9:00am to 3:00pm and by appointment. Residents may request appointments with the Chaplin by speaking with him, or by completing a Resident Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. MEDICAL SERVICES We want you to be healthy during your stay. The Center provides appropriate and necessary health care on site 24 hours a day in the medical clinic located on the bedroom floor. The Center medical clinic is run through the U.S. Public Health Service, by the division called Immigration Health Services Corps. EMERGENCY MEDICAL SITUATIONS If you ever feel that you are having a medical emergency and/or need immediate medical attention while at the Center, notify any staff member and medical will respond. If you cannot go to staff due to your medical situation, request any resident in the area to alert staff to help you. SICK CALL Sick call forms are no longer used at this facility. If you need to request an appointment for medical or mental health care, please report to the medical clinic between 7:30 AM and 8:00 AM, seven days a week. Please report to the staff located in front of the clinic and bring your ID card. Berks Family Residential Center Resident Handbook Page 18 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 45 of 132 Page ID #:6794 DENTAL SERVICES Upon admission, all residents are given an initial dental examination by medical staff. Additionally, all children receive a full dental cleaning within one month of admission. Adult residents who reside at the Center for at least 6 months receive a full dental cleaning. Any dental issues identified during the initial dental examination and/or cleaning will be scheduled for additional dental services. Additionally, any resident experiencing new dental issues during their stay should submit a sick call slip as described above or if urgent, immediately notify staff for medical attention. Examples of dental urgencies are dental infections, painful teeth, facial swelling and trauma to teeth. MENTAL HEALTH SERVICES Immigration standards require all children to be seen regularly by the medical department to ensure their continued mental wellness. Additionally, the social workers are available for counseling of adults and children by request. Residents may submit a request to see a mental health social worker by completing a sick call as indicated above. Any residents who have concerns as to their child developmental status or progress may bring these concerns to the attention of medical staff or their caseworker. ROUTINE OVER THE COUNTER MEDICINES Should you have a situation such as a headache, stomachache or other situation where you feel you need medication immediately (Tylenol, Advil, cold and flu medications etc.), see a staff member and they will take you to medical. You will be able to receive one dose of medication and will be given instructions on how to request more if the situation continues. MEDICATIONS If you arrived with any medications, they were forwarded to the medical department. Medical staff will prescribe and order new medication(s) as needed for your medical condition(s). All prescribed medications will be distributed in the medical department at standard times during the day as directed by the medical provider. The current times designated for medications are: 6:00am - 8:00am 11:00am - 1:00pm 4:00pm - 6:00pm 7:00pm - 9:00pm When the medical provider prescribes a medication for the resident “as needed” it is the resident’s responsibility to speak with a staff member to be escorted to medical to take their medication. MEDICAL DEPARTMENT CONDUCT The general rules of conduct at the Center will be followed while in the medical department. Parents are required to supervise their children at all times. The clinic is a busy place, parents are to keep their children in sight at all times and ensure that they are not engaging in any activity that may lead to an injury such as running around or jumping off chairs. There may be medical equipment in the area such as scales; parents are to ensure that their children are not playing with these items. Berks Family Residential Center Resident Handbook Page 19 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 46 of 132 Page ID #:6795 MEDICAL CARE COMPLAINTS Residents are encouraged to discuss their medical care with the medical staff and ask questions. Residents with concerns about their care are to complete a sick call slip with a request to speak to the doctor. If, after meeting with the doctor and/or staff, residents not satisfied with the outcome may choose to file a medical grievance. These grievances are submitted to the Health Services Administrator (HSA). See the section on grievances for more information. The HSA will provide a written response within 5 days. SEXUAL ABUSE AND ASSAULT PREVENTION AND INTERVENTION ICE has a zero tolerance policy against sexual abuse and assault. The Center has a Sexual Abuse and Assault Prevention and Intervention Program in place to protect residents and staff. If you feel unsafe at any time during your stay at the Center because of threats of sexual abuse or assault, or if you are sexually abused or assaulted, you should immediately advise any member of the staff for assistance. If you are sexually abused or assaulted, the medical department will provide appropriate treatment and counseling. There is also sexual abuse and assault information at the Resident Information Center. On site IHSC social workers provide counseling and/or assistance at resident request. Additionally, residents feeling in danger may do one or all of the following: • Report your concern to any member of the staff; • File an emergency grievance stating the nature of your problems and your emergent needs. See the section on grievances for more information; • Contact ICE by completing an ICE communication form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “ICE”; • File a complaint directly to the Department of Homeland Security; • Contact the Office of the Inspector General (OIG) through the free phone call system, or by: Writing DHS OIG HOTLINE 245 Murray Drive, S.E., Building 410 Washington, D.C. 20538 Emailing DHSOIGHOTLINE@DHS.GOV Telephoning: 1-800-323-8603 • Notify a relative, friend or your attorney and request contact ICE or OIG on your behalf. RESIDENT CHORES Communal residential bathrooms, shower rooms and other resident programing areas are cleaned daily following a chore schedule, which is posted by the laundry room door on the bedroom floor. These chores are similar to activities you would do if you lived in the regular community. Chores are usually done after breakfast or lunch. Staff will remind residents when organized chores begin. Staff will issue residents the proper cleaning supplies and protective equipment at the start of each cleaning session. All cleaning Berks Family Residential Center Resident Handbook Page 20 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 47 of 132 Page ID #:6796 supplies will be placed in appropriate storage locations when not in use. Residents are not allowed to keep cleaning chemicals in their rooms or place them in a secondary container such as a milk carton, water or juice bottle. TELEPHONE ACCESS There are telephones on both floors of the Center. Telephones on the activity floor are available during free movement hours and the telephones on the bedroom floor are available 24 hours a day. Collect calls, calling card calls and ICE free access calls may be made from any of the telephones. The Center does not monitor or record conversations on any of the telephones. Phone cards may be purchased by signing up on the phone card request sheet posted outside the caseworkers’ office on the activity floor. Residents may also receive phone cards through the mail. There are sanitizing wipes available to clean the phones before or after use. Accommodations shall be made for residents with communication impairments (ex: hearing/speech impaired), or residents who wish to communicate with such persons by speaking with your caseworker or completing a Resident Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. To ensure that all residents have the opportunity to use the telephones, calls should be no longer than 20 minutes in length when other residents are waiting. If you have any issues using the phone system, if a telephone is not working properly or if the ICE free call access system does not appear to be working, report the issue to staff and they will assist you in rectifying the situation. Friends and family may call the Center to leave messages for residents. The number to call is 610.396.0310 extension 2400. Emergency messages will be delivered to the resident as soon as possible and non-urgent messages will be delivered within 24 hours. ICE FREE ACCESS TELEPHONE CALLS Residents may contact a variety of organizations at no cost, through the ICE free access telephone system. See the information posted in the telephone rooms and Resident Information Center for instructions on calling consulates, immigration courts, the American Bar Association, the ICE Public Advocate Hotline, the Office of Inspector General and a variety of other government and non-governmental offices. If you need help using the system speak with your caseworker or complete a Resident Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. INDIGENT RESIDENT TELEPHONE ACCESS In addition to free calls available using the ICE free access telephone system, indigent residents may also make free calls to legal assistance organizations, family and other necessary calls, by speaking to a caseworker or completing a Resident Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. Berks Family Residential Center Resident Handbook Page 21 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 48 of 132 Page ID #:6797 LEGAL ASSISTANCE TELEPHONE ACCESS Telephone calls to your legal provider and courts are not monitored or recorded at any time. To access a more private area from which to make legal assistance calls, speak to a caseworker or complete a Resident Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. COMPLAINT AND GRIEVANCE PROCEDURES Staff will not harass, discipline, punish or otherwise retaliate against a resident who files a grievance or complaint. Any allegations of this nature will be thoroughly investigated by the Executive Director. Residents have access to the formal grievance system at all times, but are encouraged to try to resolve small complaints informally whenever possible. Informal Process - The informal route involves discussing the issue with staff in an attempt to resolve the matter. You may choose to speak with staff, your caseworker, or supervisor. You may also submit your complaint on a Resident Request form, which the caseworkers will review and attempt to resolve. The informal route is less time consuming than the formal route so may offer resolution more quickly. If you are dissatisfied with the response, you may file a formal grievance as outlined below. Formal Process - If you do not receive a resolution through the informal process, or wish to bypass the informal process, you may file a grievance on a grievance form. These forms are available at the Resident Information Center. If you attempted to resolve the matter first informally, please indicate on the grievance form who you spoke with informally. Grievance forms should be completed and placed in the locked mailbox at the Resident Information Center marked “Grievance”. Only the grievance officer has access to this mailbox, and will keep your grievance as confidential as possible. This mailbox will be checked and emptied each business day. If a resident feels the grievance is of a sensitive nature or that their safety or wellbeing would be jeopardized if others read the grievance, they may seal the form in an envelope and deliver it directly to the Executive Director. See a caseworker for an envelope if needed and their assistance in meeting with the Executive Director. Grievances should be filed as soon as possible after the alleged incident. Delays in filing may make it more difficult to investigate the issue. Residents may ask other residents, family members, legal representatives or staff for assistance in completing the grievance form. Residents are not allowed to submit a grievance on behalf of another resident unless they are the parent of the resident who has a problem. Residents may write about one single complaint, or several closely related complaints concerning a single subject on each grievance form. When completing the form, residents should try to clearly identify the issue, complaint or area of concern. If the form is not clear, it will be returned for further information. The grievance officer will meet with the resident, conduct an investigation and return a written decision to the resident within 5 business days of receipt of the grievance. If the resident disagrees with the grievance officer’s decision, the officer will submit the grievance and decision to the Executive Director within 5 business days of issuing the decision on the resident. Prior to submission the resident must complete the section on the grievance form described as “State Reason(s) for Appeal” and return it to the grievance officer at that time, or by Berks Family Residential Center Resident Handbook Page 22 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 49 of 132 Page ID #:6798 placing the completed form in the locked mailbox at the Resident Information Center marked “Grievance”. The Executive Director will render a written decision on the appeal within 5 business days of receipt. Residents dissatisfied with the Executive Director’s response to their grievance, may appeal the decision to the Resident Grievance Committee (RGC). The RGC will review the information, and the resident will be offered the opportunity to present their case to the committee. Within 5 business days of reaching a decision, the RGC will serve the resident with the written decision and basis of the decision. If the resident disagrees with the RGC decision, they may appeal to ICE by filling out an ICE communication form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “ICE”. EMERGENCY GRIEVANCE PROCEDURES An emergency grievance is initiated when a resident verbally notifies staff that that they have a complaint which immediately affects their safety or welfare. The staff receiving the resident’s report will bring the matter to the immediate attention of the Executive Director and ICE for action. NON-GRIEVABLE MATTERS The following matters are not grievable through the Center grievance procedure: • State and Federal Court decisions; • State and Federal laws and regulations; • Final decisions on grievances; • ICE policies, procedures, or decisions (i.e., institutional transfers, releases, removals etc.); • Disciplinary hearing decisions. Disciplinary appeals may be submitted on the disciplinary form after the hearing. Residents who demonstrate a pattern of filing nuisance complaints or otherwise abuse the grievance system may have those complaints returned unprocessed. STAFF MISCONDUCT Residents may report staff misconduct directly with the Department of Homeland Security, Office of Inspector General by calling directly dialing 1-800-323-8603, by using the free call system programmed into the telephones or writing to: Department of Homeland Security Office of the Inspector General 245 Murray Drive, S.E., Building 410 Washington, D.C. 20538 CONTRABAND Contraband is any material prohibited by law or regulation or that can cause physical injury, is inherently dangerous as a weapon or tool of violence, affects the safety of the Center residents or staff, or creates dangerous or unsanitary conditions in the Center. Examples would be: knives, guns, flammable liquids, keys, intoxicants, prohibited Berks Family Residential Center Resident Handbook Page 23 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 50 of 132 Page ID #:6799 currency, controlled substances, cigarettes, alcohol, scissors, pornography, any medications, food or drink brought to the Center, etc. Any item that is deemed contraband shall be seized by staff. If the contraband is not illegal under criminal statutes and would not otherwise pose a threat to security, the staff will inventory and receipt the property, and store with the resident’s other stored personal property. Religious property will not be treated as contraband or seized without consultation with the Center Chaplain and the Executive Director. However, if a religious item is deemed contraband, it will be seized and disposed of in accordance with contraband disposal procedures. Staff will discard all food (including uneaten fast food, drinks, and opened baby food or formula) at the time of admission. When the ownership of a contraband item is in question, an investigation will be conducted to determine ownership. Staff shall inventory and store the item(s) pending verification of ownership. The resident shall have 7 days to verify ownership of the listed item(s). If a resident cannot establish ownership and/or ownership cannot be reasonably established, the property may be destroyed. DISCIPLINARY PROCEDURES Prohibited acts are divided into three categories: "Major," "Moderate," and "Low." The sanctions authorized for each category will be imposed only if the resident is found to have committed a prohibited act and no other method of behavioral modification has been found to be effective. Due to the family residential nature of the Center, sanctions are used as a last resort and only as a means to correct behavior that threatens the safety and welfare of residents, staff, and visitors. Action or attempted action by any resident which violates established Center rules or poses a threat to the safety and orderly operation of the center shall be dealt with through appropriate disciplinary action. Action or attempted action by any resident which violate the laws of the United States may also be actionable in a United States criminal court of law. Staff will attempt to correct minor violations of Center rules informally through conversation and counseling whenever possible. This informal procedure may include consequences which are mutually acceptable by the resident and staff, such as temporary floor restrictions, privilege loss, and for children, time outs. Children will only be interviewed concerning violations in the presence of their parent (unless the allegation involved in incident between a parent and child). Discipline will never be of a nature or administered in a way that is degrading or humiliating to residents. Staff will never impose the following sanctions: corporal punishment; deviations from normal food services; denial of legal assistance; deprivation of correspondence, telephone, or visitation privileges; deprivation of physical exercise or access to recreation, deprivation of school or education. No punishment shall require confinement in any locked room or space. Only in mental health situations may deprivation of clothing, bedding, or items of personal hygiene occur and if so, these decisions will be made by the medical department. In the event a staff member believes that a resident is committing an offense that cannot be handled through the informal procedure, the staff member will complete an incident report. A supervisor will begin an investigation of incident reports within 24 hours of receipt. Residents under investigation have the right to: Berks Family Residential Center Resident Handbook Page 24 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 51 of 132 Page ID #:6800 • • • Remain silent during every stage of the disciplinary process. Silence will not be used to support a finding against the resident; Receive the Incident Report / Notice of Charges at least 24 hours before the start of administrative proceedings; To have an initial hearing before a Management Review Committee (MRC) within 24 hours of receiving the Notice of Charges for low to moderate violations. During hearings before the MRC, residents have the right to: • Present evidence and statements on their own behalf; • Attend the hearing (except deliberation), unless behavior poses a safety concern; • Have an interpreter present if the hearing is in a language not understood by the resident; • Appeal the committee’s determination through the appeal process. Incidents involving serious violations of Center rules, or unresolved cases will be referred to an Executive Review Panel (ERP). During hearings before the ERP, residents have the right to: • Call witnesses and present evidence and statements on their own behalf; • Attend the hearing (except deliberation), unless behavior poses a safety concern; • Have an interpreter present if the hearing is in a language not understood by the resident; • Request a staff representative to assist in the case; • Waive the hearing and admit committing the offense in question; • Appeal the committee’s decision through the appeal process. DISCIPLINE HEARING APPEALS Residents may appeal disciplinary panel decisions following their hearing by giving their written appeal to one of the panel members. The panel will submit the appeal to the Executive Director who will provide an immediate written response. DISCIPLINE PROCEEDING POSTPONEMENTS Disciplinary proceedings may be postponed for reasons such as defense preparation, physical or mental illness, security concerns, escape, disciplinary transfer, pending criminal prosecution, etc. Berks Family Residential Center Resident Handbook Page 25 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 52 of 132 Page ID #:6801 CORRECTIVE SANCTIONS FOR CHILDREN Sanctions 1 through 4 below may be imposed by the MRC. Sanctions 1 through 5 may be imposed by the ERP. 1. Referral to Counseling 2. Restriction to Housing Area, not to exceed 72 hours a. When a child is restricted to housing, they must be afforded a minimum of one hour of outdoor activity time daily. b. The child may be restricted to the dayroom area but may not be forced to remain in his/her room except during a time out period. c. No sanction may restrict a child from attending required school classes or religious practices. 3. Children 12 years old and older may have their free movement privilege suspended for up to 14 days. Such a suspension would require that the parent supervise all activities for that time period. 4. Loss of extracurricular activity time such as movie night. 5. Loss of field trip privileges for up to 45 days. Corrective action may not interfere with such daily functions as eating and sleeping. Disciplinary actions may not adversely impact a child's health, physical or psychological well-being or deny a child regular meals, sufficient sleep, exercise, medical care, the right to correspondence, or legal assistance. CORRECTIVE SANCTIONS FOR ADULTS Sanctions 1 through 4 below may be imposed by the MRC. Sanctions 1 through 5 may be imposed by the ERP. 1. Referral to Counseling 2. Require attendance in Parenting Classes 3. Additional work details such as: General housekeeping 4. Loss of Commissary 5. Restriction to housing Area, not to exceed 72 hours. a) Imposition of such a sanction must take into account the ages of children and the negative impact this sanction would have on minor's who were not involved in the charged offense. DESCRIPTION OF OFFENSES LOW OFFENSES (101) Being in an Unauthorized Area - Being in an area that is designated through verbal, written, or posted orders as “off limits" to residents. (102) Disorderly Conduct- Behavior such as loud talking, yelling, or pushing which disrupts the orderly running of the facility. (103) Failure of Parent/Legal Guardian to Appropriately Manage Children's Behavior - For parents who allow their children to be unruly, disrespectful, or insubordinate while in their presence. Berks Family Residential Center Resident Handbook Page 26 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 53 of 132 Page ID #:6802 (104) Failure to Follow Verbal or Posted Rules and/or Regulations­ Not following specific rules and/or orders which have been designated for the clean, safe, orderly operation of the facility which residents have been told in advance through posting or have been given verbally by an employee of the facility or person who has charge of the resident at the time. This includes not following the procedures established by the facility for taking count. (105) Fighting - Exchange of words or body contact in anger wherein no injury requiring medical attention occurs, such as horseplay. (106) Gambling - Operate or act in any game of chance involving betting or waging of goods or other valuables. (107) Possession of Gambling Paraphernalia- Having in one's control, items for use in operating or acting in any game of chance involving betting and wagering of goods or other valuables. (108) Self-Mutilation -Inflicting injury on one's self; such as cutting on one's own body or tattooing. (109) Smoking - Smoking tobacco of any form in any area of the facility. (110) Unauthorized Receipt or Possession of any Item of Value­ Receiving or having in one's possession any item of value which has been obtained through false pretenses, threats, or stealing. (111) Unexcused Absence from Place of Assignment- Being away, without authorization from an appropriate supervisor, from the place of assignment such as housing area, recreation area, health services, etc. (112) Use of Vulgar, Abusive, or Obscene Phrases/Language (113) Failure to Maintain Personal Hygiene or Personal Hygiene of Child - Not having a clean body or clothes. (114) Unsanitary and Disorderly Housing Conditions- Not keeping a clean, neat living area. The area should be kept in a manner so that all possessions are stored in an organized manner in areas designated for such. The area should be free from dirt and clutter. (115) Possession of Non-Dangerous Contraband (Soft Contraband) - Possession of contraband items that are not allowed at the facility but are not capable of causing serious injury or harm to self or others, including tobacco products. (116) Unauthorized Use of Telephone- Using the telephone during unauthorized times. (201) Refusal to Submit to a Reasonable Suspicion Drug Test- Not providing a urine sample for use in reasonable suspicion drug testing. MODERATE OFFENSES (202) Positive Reasonable Suspicion Drug Test-Testing positive for an illegal drug or unprescribed controlled substance. (203) Theft - Unauthorized taking of something that belongs to someone else. (204) Destruction, Alteration, or Damage to Property (Under$1,000.00) Destroying, changing or hurting property of the facility or any other person. (205) Forgery or Unauthorized Reproductions of Documents or Articles (Excluding Money) - Counterfeiting, forging, or reproducing without approval, any document, article, identification, or security documents. Berks Family Residential Center Resident Handbook Page 27 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 54 of 132 Page ID #:6803 (206) Hindering an Employee in the Performance of Their Duties­ Acting in such a way to interrupt an employee during their work time such as causing delays or giving false information. (207) Refusal to Submit to a Reasonable Suspicion Search. (208) Child Neglect- Failure to give care and proper attention to a child (Non-Injury) (209) Verbal Sexual Harassment of a Resident. Acting in such a manner as to create a hostile residential environment for other residents regardless of age or gender. MAJOR OFFENSES (301) Arson - Starting or causing to be started a fire which could or does cause damage to person(s) or property. (302) Assault/Battery-A non-sexually related attack upon the body of another person with the intention of harming or causing serious injury. (303) Rape-Sexual contact of any person without his or her consent, or of a person who is unable to consent or refuse; and contact between the penis and the vagina or the penis and the anus including penetration, however slight; or contact between the mouth and the penis, vagina, or anus; or penetration of the anal or genital opening of another person by a hand, finger, or other object (i.e. penetration or oral sodomy). (303) Sexual Assault- Abusive contact of any person without his or her consent for the purpose of sexual gratification or arousal or of a person who is unable to consent or refuse; and intentional touching, either directly or indirectly or through the clothing, of the genitalia, anus, groin, breast, inner thigh or buttocks of any person. Sexual assault excludes incidents involving penetration or oral sodomy. (304) Attempt/Conspiracy to Commit a Major Offense-An offense for residents who do not actually commit the offense but participate in one (1) or more of the following ways: (304a) Attempts to commit the major offense; (304b) Solicits another or others to commit the major offense; (304c) Conspires with another or others to commit the major offense; and/or (304d) Facilitates the action of another or others in committing the major offense. (305) Child Abuse - Treating a child cruelly, roughly, wrongly, improperly, or in an insulting manner. (306) Child Neglect - Failure to give care and proper attention to a child resulting in endangerment or injury to a child. (307) Confirmed STG Affiliation/Activity-Affiliated or participating in a gang-related activity. (308) Counterfeiting, Forgery, or Unauthorized Reproduction of Money (309) Death of Any Person - Any act of which the end result is the death of any person including employees, visitors/volunteers, and/or other residents. (310) Destruction, Alteration, or Damage to Property ($1,000 or more) - Destroying, changing or hurting property of the facility or any other person. (311) Hostage Taking- Holding a person(s) against their will as a security for the fulfillment of certain terms. (312) Escape-Leaving the grounds of the facility or from the custody of an employee outside of the facility without permission. (313) Insurrection -Participation or encouraging another to participate in unauthorized activity such as protesting or rioting. Berks Family Residential Center Resident Handbook Page 28 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 55 of 132 Page ID #:6804 (314) Possession of Dangerous Contraband (Hard Contraband) - Possession of contraband items that are not allowed at the facility and are capable of causing serious injury or harm to self or others. This includes deadly weapons, items altered to be used as weapons, drugs and drug paraphernalia. (315) Sexual Misconduct - This includes, but is not limited to, the following acts: (315a) Exposing the genitals or buttocks to an employee, visitor/volunteer, or resident for the purpose of sexual gratification or arousal. (315b) Masturbation where an employee, visitor/volunteer, or other resident can see the act (316) Intimidating or Threatening Another with Harm - Telling someone, through actions or words, that harm will come to them. (317) Possession of Drugs or Intoxicants-Possession of any drugs or intoxicants which have not been prescribed or approved by the health services department for use. (318) Violation of any Federal, State, or Local Law-Any act, though not specifically listed in this policy, that would be considered either a felony or misdemeanor under federal laws or under the state laws in which the resident is housed. EDUCATION The Center operates an on-site school which is taught by the Berks County Intermediate Unit. Classrooms are located on the activity floor of the Center. The Center school provides educational services to all children who are at least 4 years old on September 1 of the current school year. Attendance in the educational program is mandatory and is provided in a structured classroom setting Monday through Friday. The basic academic areas include science, social studies, math, reading, writing, and physical education. Generally, children 4 to 5 years old will participate in a half day preschool program, and children 5 to 18 years old will participate in a full day academic program. All children 5 years old and over will be tested upon their admission to the Center and placed into the appropriate classroom. Parents are required to physically drop off their children in the proper Center classroom at 8:40am, Monday-Friday when school is in session. Parents must return to their children’s classroom at 3:15pm each school day to pick up their children, unless otherwise told by staff of schedule changes. School holidays and breaks will be announced and posted. SPECIAL NEEDS INFORMATION Although each child is evaluated for special needs after admission, parents who believe their children may have educational deficiencies or learning disabilities, may also initiate a special needs evaluation request. Parents may request this evaluation by speaking with their child’s teacher, a caseworker, an IHSC social worker or by completing a Program Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. The educational unit will meet with the parent and test the child; if found to be eligible for special needs instruction, the child will receive an Individual Educational Plan (IEP). The child’s educational program, and any necessary modifications, will be driven by their IEP. Berks Family Residential Center Resident Handbook Page 29 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 56 of 132 Page ID #:6805 MARRIAGES You or your legal representative may request permission to have a marriage ceremony while at the Center from the Chief of the Juvenile and Family Residential Management Unit in writing. The request must specifically state: • That the resident is legally eligible to be married; • That he or she is mentally competent, as determined by a qualified medical practitioner; • That the intended spouse wants to marry the resident, as attested by a written affirmation of intent to marry the resident by the intended spouse. The affirmation must be included as part of the request. Failure to obtain approval from the Chief, JFRMU could result in a delay or cancellation of any ceremonies or approved visits for the purpose of marriage. (See ICE for more information.) COMMISSARY If you have funds on your Center account, you are allowed to purchase items from the Center commissary by completing a commissary order form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Commissary”. Once your order has been confirmed and approved, your commissary package will be available for pickup. Please see the Resident Services information at the Resident Information Center for more commissary information and current order and delivery day. COMMISSARY GUIDELINES Only the head of household can submit a commissary order. Upon receipt, it is your responsibility to ensure that you have received the items that you ordered. Any problems with the order must be reported to a Supervisor immediately after receiving the order. All commissary transactions are final when completed. A transaction is complete when the resident checks his/her merchandise and signs his/her receipt. No exchanges are permitted. The commissary does not give credit. Residents must have sufficient funds on your Center account to pay for items ordered. A resident’s commissary slip will not be changed after it is placed into the Commissary mailbox. There is a $100.00 spending limit per family, per week (excluding special purchases). Any item bought from the commissary must be for use by the family making the purchase. FINANCES Residents are not allowed to have money or funds in their possession while at the Center. Upon admission, all U.S. currency was deposited into an account which you have access to during your stay here. Any non U.S. currency was placed into your stored property. You will receive a receipt for any funds processed during your stay at the Center. Residents may receive funds (cash or checks/money orders made out to the resident) from family and friends by having them mailed to the Center address located at the front of this handbook. (Cashier’s checks are recommended). If you choose to participate in the work program, those payments will also be deposited into your account. You may also receive funds during visits. These funds must be turned over to staff prior to the visit Berks Family Residential Center Resident Handbook Page 30 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 57 of 132 Page ID #:6806 to be placed in your account. You may use these funds to purchase phone cards, commissary items and other items needed during your stay at the Center. Residents coming from another center will have their funds credited to their account within 24 hours of the arrival of those funds. Upon discharge, residents will receive the balance of any funds they have in their Center account in the form of a check. VOLUNTARY WORK PROGRAM Adult residents may participate in the Center’s voluntary work program. Prior to starting the voluntary work program residents must obtain a medical clearance. Speak to the medical department concerning this clearance. Residents will receive any necessary training and are required to sign a voluntary work program statement prior to beginning to work. Residents participating in the voluntary work program will be paid $1.00 per day for their participation. See your caseworker to sign up for the voluntary work program or complete a Program Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. Residents may also volunteer for temporary work details that occasionally arise. Temporary work generally lasts from several hours to several days. Residents assigned to special work areas shall be provided appropriate protective clothing and instruction in accordance to the requirements of the job. Work assignments are strictly voluntary. Unsatisfactory work performance and or disciplinary cases could result in removal from the voluntary work program. The following is a list of some of the work assignments and temporary work available through the voluntary work program: • • • • • Kitchen /Dining Area cleaning (inside center) Area cleaning (outside center) Laundry Living area cleaning • • • • • • Recreation Library Garden Sewing Paint detail Clothing Room VISITATION Residents are allowed social, legal and consular visits as outlined in those related sections in this handbook. All visitors must present US government issued photo identification upon arrival at the Center. At the supervisor's discretion, a minor without positive identification may be admitted if the accompanying adult visitor vouches for his/her identity. Minors will remain under the direct supervision of an adult visitor, so not to disturb other visitors. Disruptive conduct by visitors or residents may cause termination of the visit. Any property brought to the visit to be given to a resident must be turned over to staff for inventorying and receipting. No items may be given directly to a resident during a visit. Residents are not allowed to receive contraband or perishable food items. See the sections on allowable personal property and contraband for more information. Berks Family Residential Center Resident Handbook Page 31 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 58 of 132 Page ID #:6807 DIRECTIONS TO THE CENTER From Route 222 (not business Route 222), exit onto 183 North. Travel to the first traffic light (CVS Pharmacy on corner) and turn left onto Leesport Road. At the first stop sign turn right onto County Road. Travel approximately 1 mile to Berks Road and turn left onto Berks Road. Travel to the first parking lot on the left. The Center visitor entrance is at the top of the ramp by the flag pole. SOCIAL VISITATION Social visitation is conducted seven days a week including holidays from 8:00am to 8:00pm. Residents may have an unlimited number of visits. Generally, visits will be a minimum of 60 minutes per visit. Visits are by appointment only. Appointments are made with the Caseworkers at extensions 2360 and 2361 Monday through Friday, from 9:00am to 3:00pm. The number of visitors per visit may be restricted due to the volume of visits scheduled at that time. Due to staffing, resident medical appointments and activity schedules, visitors will not be allowed to visit without prior approval unless authorized by the Program Director. Visitors may also request a special visitation accommodations if they are traveling significant distances or have other special circumstances. Family, friends and other associates may schedule social visits with residents. LEGAL AID VISITATION The Center permits legal visitation 7 days a week, including holidays from 8:00am to 8:00pm. Legal visits are by appointment only. Appointments are made with the Caseworkers at extensions 2360 and 2361 Monday through Friday, from 9:00am to 3:00pm. Should a legal aid provider need to arrange an appointment at other than the times listed above, they may contact a supervisor for assistance. Legal visits may proceed through a scheduled meal period. In such cases, the resident shall receive a tray or sack meal after the visit, or may choose to eat during the visit. Attorneys must present a US state issued bar membership card. Persons allowed during a legal visit: • Attorneys and other legal representatives; • Legal assistants; • Upon presentation of a letter of authorization from the legal representative under whose supervision he/she is working, an unaccompanied legal assistant may meet with a resident during legal visitation hours. The letter shall state that the named legal assistant is working on behalf of the supervising legal representative for purposes of meeting with the ICE resident(s); • Interpreters to aid the legal representatives or assistants. CONSULAR VISITATION The Center permits visits by consular officers at any time. Appointments are made with the Caseworkers at extensions 2360 and 2361 Monday through Friday, from 9:00am to 3:00pm. Should a consular officer need to arrange an appointment at other than the times listed above, they may contact a supervisor for assistance. Berks Family Residential Center Resident Handbook Page 32 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 59 of 132 Page ID #:6808 VISITOR DRESS CODE Visitors Age 5 and Older: • Must wear clothing which covers their shoulders, chest, stomach and all areas of the anatomy between the naval (belly button) and mid-thigh when seated; • The top or neckline of clothing shall be no lower than the underarm in the front and in the back; • Sheer (see-through) clothing is prohibited; • Shoes shall be worn at all times; • Shirts shall be worn at all times; • “Gang colors” are prohibited. LEGAL INFORMATION LAW LIBRARY / ACCESS TO LEGAL MATERIALS The law library is located on the Bedroom floor and is open 24 hours a day. No more than 5 residents will be allowed to use the library at any given time. If you cannot access the law library due to the resident limit, speak with a supervisor who will make arrangements for you to use the law library. Any residents not using the library for its intended purpose will be asked to leave. Typewriters and computers are available in the law library for preparation of legal documents and for legal research. The computers contain a “Lexus Nexus” application which has a variety of publications on immigration law and other related publications. There may also be non-governmental organization legal and immigration related research in the bookshelf in the law library. Residents may request off site law related materials by speaking to a caseworker or completing a Program Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. For instruction on accessing the Lexus Nexus application, to sign up for the orientation or for questions concerning using the law library equipment, speak with a caseworker or complete a Program Request form. See staff at the bedroom floor courtesy desk for paper, computer storage disks to store documents and to report malfunctioning of law library equipment. MATERIALS PROVIDED BY LEGAL REPRESENTATIVES Documents or other written material provided to a resident during a legal aid visit shall be inspected, but not read. Residents may keep legal materials in their bedrooms. Quantities of blank forms or self-help legal material in excess of that required for personal use may be held for the resident in their property. The resident will be permitted access to these documents by speaking with staff or by completing a Resident Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. LEGAL ORIENTATION PRESENTATIONS Legal Orientation Presentations (LOP) are conducted at the Center by volunteer legal aid organizations. They are open to all residents, regardless of the presenter's intended Berks Family Residential Center Resident Handbook Page 33 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 60 of 132 Page ID #:6809 audience, except when a particular resident's attendance would pose a security risk. LOPs are generally held each month. See the LOP information and posted schedule at the Resident Information Center, see a caseworker or complete a Resident Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. FREE LEGAL ASSISTANCE Pro bono (free) legal assistance may be requested by contacting the pro bono legal assistance organizations listed at the Resident Information Center. The Executive Office for Immigration Review supplies this list. You may also request to speak with the Center’s local legal aid assistance group. This signup sheet is located outside the caseworkers’ office on the activity floor. ROUTINE SANITATION AND SAFETY INSPECTIONS Sanitation and fire safety inspections are conducted weekly in all program areas of the Center. During these inspections, staff inspects for proper sanitary conditions and compliance with other regulations. When inspecting bedrooms during these inspections, the residents living in the room will be requested to be present. Parents are requested to be present when staff are checking their child’s bedrooms. NON-ROUTINE SEARCHES A non-routine search of housing or programing area is done when there is reasonable suspicion to believe contraband or a threat to resident or staff safety is present. A nonroutine search of a resident's bedroom or personal items will only be done after the resident is notified and is present unless exigent circumstances exist (such as in a selfharm situation). In these cases, the resident will be notified after the search is conducted. SEARCHES OF PERSONS: • • Visual Inspection: A visual search for contraband without physical contact. Pat Search: A physical inspection of a resident while clothed. It will only be conducted by a staff member of the same gender. The inspector uses their sense of touch when patting or running the hands over the resident's body. A pat search does not require the resident to remove clothing, although the inspection may include a search of the resident's clothing and personal effects. Pat searches will only be conducted on any resident if there is reasonable and articulable suspicion that they possess contraband. No children under 15 years of age will be the subject of a pat search without the explicit authorization of the Executive Director and JFRMU. MAIL / CORRESPONDENCE Residents may send and receive correspondence and a variety of other items through the mail including phone cards, money orders, books, clothing, and other “allowable” items. Berks Family Residential Center Resident Handbook Page 34 Case Document 217-4 Filed 06/03/16 Page 61 of 132 Page ID #26810 See those related sections for more information. Residents shall be permitted to receive and send at their own expense: 0 An rmlimited amount of general correspondence mail. The amorurt will only be limited when a public safety or Center secruity and order situation exists; 0 An unlimited amount of special correspondence, including correspondence with a legal representative, potential legal representative, coruts and other governmental agencies and news organizations. See the section on special correspondence for more information; 0 Packages containing personal property. To send or receive packages, speak to a caseworker or complete a Program Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled ?Requests?. INDIGENT RESIDENT MAIL Residents who do not have adequate ?mds to purchase postage will be permitted to send at no cost: 0 A reasonable amount ?special correspondence? mail. Should the Center consider the related amormt ?unreasonable?, the ICE Of?ce of Chief Counsel will be consulted prior to suspending mail postings; At least 5 general correspondence letters per week; 0 Any packages that are deemed necessary by such as clothing, personal items, and items needed for return to country of origin; 0 Packages containing personal property when it is determined that space is limited for the proper storage of the items. SPECIAL CORRESPONDENCE Special correspondence is written correspondence to or from attorneys and other legal representatives, judges, courts, embassies/consulates, the President and Vice President of the United States, members of Congress, the Department of Justice, the Department of Homeland Security, the US. Public Health Service, and representatives of the news media. 0 Correspondence will only be treated as Special Correspondence if the title and of?ce of the sender (for incoming mail) or addressee (for outgoing mail) are unambiguously identi?ed on the envelope and the envelope is labeled ?Special Correspondence.? Incoming special correspondence must also be marked as ?Special Correspondence? on the envelope or package. Residents must instruct anyone sending Special Correspondence to the Center of the related rules and address requirements; .rcm: l?h L1.- 3: SPECIAL Berks Family Residential Center Resident Handbook Page 35 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 62 of 132 Page ID #:6811 • • Special Correspondence may only be opened in the presence of the resident, and may only be checked for contraband, not read; Special Correspondence packages may only be sent or received with advance arrangements. To send or receive such a package, speak with your Caseworker or complete a Program Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. POSTAGE AND ENVELOPES Postage can be purchased from the Center commissary. See the section on commissary procedures and indigent resident mail for more information. Envelopes will be provided to residents at no cost by speaking with a caseworker or completing a Program Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. DISTRIBUTION OF INCOMING MAIL Incoming flat mail will be distributed within 24 hours and packages within 48 hours of receipt when arriving during normal business hours. Incoming packages received on weekends and holidays will be distributed the next administrative business day. All incoming mail should list the resident’s name and A number and have an accurate return address. Incoming general mail will be opened and inspected for contraband only in the presence of the resident, unless waived by the resident or authorized by the Executive Director for security reasons. Incoming general mail may also be read when a specific documented security concern arises with respect to an individual resident. Mail may be rejected if it contains contraband, other items of a security threat or perishable items. Both sender and intended receiver shall be provided written notice with an explanation as to why the mail is rejected and that the mail will be disposed of in accordance with the contraband section in this handbook. The resident and Center Chaplain will be consulted before religious articles are confiscated. Identify documents mailed to the resident will be turned over to ICE for placement in the Resident’s A file. Residents should contact ICE for a certified copy of the document. See the section on contacting immigration for more information. POSTING OF OUTGOING MAIL Outgoing mail will not be opened, inspected, or censored unless it is addressed to another resident or alien in a detention facility, or there is reason to believe the item may pose a threat to the facility’s security or orderly operation, endanger the recipient or the public or facilitate criminal activity. Outgoing mail will be posted within 24 hours of the time the mail was turned over to the Center by the resident, excluding weekends and holidays: then it will be posted the next administrative business day. Outgoing mail (containing appropriate postage) may be placed into the “Mail” mailbox at the Resident Information Center. If mail is placed into the mailbox without proper postage, it will be returned to the resident, unless they are indigent. See the section on indigent mail for more information. Mail that does not fit into the slot may be handed to a caseworker or supervisor for processing. All outgoing mail should list the resident’s name, A number Berks Family Residential Center Resident Handbook Page 36 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 63 of 132 Page ID #:6812 and Center address in the return address area. Residents may speak with a caseworker concerning postage requirements. NOTARY PUBLIC Notary public assistance may be obtained by filling out a Resident Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. PHOTOCOPIES Photocopies may be obtained by speaking to a staff member, case worker or filling out a Resident Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. Photocopying services for legal material is available free of charge. MONEY ORDERS Residents wishing to send money orders should speak with their case worker or complete a Resident Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. HAIR CARE SERVICES Residents have the opportunity receive a haircut or other hair care service once a week. Hair care services information, including a price list, is located at the Resident Information Center. The signup sheet is located outside of the caseworkers’ office on the activity floor. For information about the hair care services, see a caseworker or complete a Resident Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. RECREATIONAL PROGRAM There are a variety of recreation activities offered to residents during their stay at the Center. Residents are expected to take care of supplies and equipment issued to them and to return the items after use. Residents will be held accountable for any recreational or leisure item until it has been returned. The staff schedules specific activities for pleasure and fitness and ask that you cooperate and participate in these activities; and encourage your children to participate. Some of the activities are off site field trips which are scheduled in advance, some are on site activities and are scheduled at particular days and times and others are available for use independently. For more information, see the recreation postings, information and schedules at the Resident Information Center. RECREATIONAL OFFERINGS • Televisions-There are several televisions placed around the Center for resident entertainment. The televisions allow for both English and Spanish programing Berks Family Residential Center Resident Handbook Page 37 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 64 of 132 Page ID #:6813 • • • • • • • and also play music. While there are no specific rules governing what programs will be viewed, residents are expected to be considerate of each other to avoid unnecessary problems regarding their usage. In the event an issue develops, staff will attempt to resolve the problem and may decide to discontinue usage until the situation can be resolved. The volume of the televisions shall be kept at a reasonable level so as to not disturb other residents or Center operations. During quiet hours, volume should be kept to a minimum. Televisions are not to be removed from their locations or tampered with for any reason. Residents should report any television malfunctioning to the staff so it can be addressed. Social Library-The social library is located on the activity floor and is open seven days a week during free movement. Residents may read in the library or check out books by taking them to the activity floor courtesy desk. Early readers, young adult, teen, and adult books are available in English, Spanish and other languages. There are also computers available in the social library which are to be used solely for electronic reading. Utilizing these computers, residents may access reading material in their native language. See staff at the courtesy desk for information on using these computers, speak with a caseworker or complete a Program Request form. These forms are located at the Resident Information Center. Completed forms are to be placed in the mailbox labeled “Requests”. Toddler Activity Room- The toddler activity room is located on the activity floor. Residents will find a wealth of toddler toys, games, movies, multilingual board books and educational activities which toddlers may play with in this room. Electronic games (Wii, Xbox etc.)- Generally staff offers electronic gaming as part of an organized activity, but units may be checked out if available. See staff at the courtesy desk on either floor for information on checking out the electronic games. See recreational postings at the Resident Information Center for information on organized electronic game activities. In the event a problem develops while residents are playing electronic games, staff will attempt to resolve the problem and may decide to discontinue usage until the situation can be resolved. Music and listening equipment- Music players may be checked out by speaking with staff at the courtesy desks on either floor. Leisure Activities- The Center provides leisure activities in the dayrooms of both floors. Leisure activities include arts and crafts, table games, board games, cards, educational flashcards etc. You are asked to handle these items with care and to be considerate of others who may wish to use them. These items may be checked out by speaking to staff at the courtesy desks on either floor. Residents should report any loss or breakage to staff so the items may be replaced. Residents must return the items prior to going on to another activity (i.e.: a meal, a visit, a medical appointment, end of free movement etc.) Off-site fieldtrips- Off site field trips are scheduled regularly to a variety of locations such as area parks, malls, book stores, pet stores, craft events, holiday activities. Look for postings at the Resident Information Center or speak to your caseworker for more information. On site activities- On site activities are scheduled regularly such as: Toddler activities, movie nights, table game tournaments, outdoor sports tournaments, and Berks Family Residential Center Resident Handbook Page 38 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 65 of 132 Page ID #:6814 • • • • • • • • electronic gaming. Look for postings at the Resident Information Center or speak to your caseworker for more information. Special Events- The Center holds dances, carnivals, cookouts, celebrations and birthday parties throughout the year. Look for postings at the Resident Information Center or speak to your caseworker for more information. Internet Café- The internet bank is located in the lobby of the activity floor and is open during free movement. The internet bank allows for internet and email access and there are word processing, spreadsheet and database programs on the machines. In cases of high demand, residents may only use a machine for a limited period of time each day. See the internet rules posted at the Resident Information Center or your caseworker for more information. Musical Instruments- There is a piano in the programing space for staff and resident use. Parents are to monitor their children so as to not damage the piano. Other musical instruments may be checked out for use. See staff at either courtesy desk for more information. Cooking Projects -Adult residents may sign up for cooking projects as posted at the Resident Information Center. Staff regularly offers children the opportunity to participate in cooking projects (no sign up required). Arts and Crafts- In addition to residents being able to check out arts and craft supplies, staff regularly offers residents the opportunity to make a particular craft which is then put on display around the Center. See your caseworker for more information. Crocheting- The Center provides yarn, hooks and needles for crocheting. See a caseworker for further information. Organized Classes- The Center runs organized classes on a variety of topics, such as English as a Second Language and fitness classes. See postings at the Resident Information Center or speak with your caseworker to obtain more information. Lectures- On occasion, the Center hosts lectures on different topics such as nutrition, finances and lifestyle issues. See postings at the Resident Information Center or speak with your caseworker to obtain more information. This handbook has been reviewed and approved by: Diane Edwards, Executive Director Date JFRMU Representative Date Berks Family Residential Center Resident Handbook Page 39 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 66 of 132 Page ID #:6815 Exhibit 3 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 67 of 132 Page ID Updated April 2016 List of Pro Bono Legal Service Providers #:6816 * New Provider http://www.justice.gov/eoir/list-pro-bono-legal-service-providers Pennsylvania Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 68 of 132 Page ID Updated April 2016 List of Pro Bono Legal Service Providers #:6817 * New Provider http://www.justice.gov/eoir/list-pro-bono-legal-service-providers Philadelphia Immigration Court Philadelphia, Pennsylvania Camden Center for Law and Social Justice, Inc. Prime - Ecumenical Commitment to Refugees Immigration Service Office 126 Broadway Camden, NJ 08102 Tel: (856) 583-2950 Fax: (856) 583-2955 or 15 North California Avenue Atlantic City, NJ (609) 348-2111 129 Owen Ave., P.O. Box 5 Lansdowne, PA 19050-0005 Tel: (610) 259-4500 Fax: (610) 259-4515 and 604 New Holland Ave., Suite G Lancaster, PA 17602 Tel: (717) 396-9300 Fax: (717) 396-9374 Catholic Social Services Jewish Family and Children's Service of Pittsburgh Archdiocese of Philadelphia 227 N. 18th Street Philadelphia, PA 19103 (215) 854-7019 • No criminal cases. • Will take Asylum cases. • May charge a nominal fee. African Hispanic Immigration Organization (AHIO), Inc. 5743 Bartlett Street Pittsburgh, PA 15217 (412) 422-7200 • Willing to take Asylum cases. • Russian spoken. • May charge nominal fee. 4815 Westfield Avenue Pennsauken, NJ 08110 (856) 324-5098 www.ahiolaw.org HIAS and Council Migration Services 5901 North 5th Street Philadelphia, PA 19120-1824 (215) 276-7850 • Will take Asylum and criminal cases. • May charge a nominal fee. Nationalities Service Center Migration Services 2100 Arch Street, 3rd floor Philadelphia, PA 19103 (215) 832-0900 1-800-267-4600 (toll-free asylee hotline for legal and other information) • May charge a nominal fee. • Will represent aliens seeking Asylum. • Will take criminal cases. • By Appointment Only / No Walk-In Service • Intake Hours: Tuesday 2:00 pm to 4:30 pm Wednesday 9:30 am to 12:30 pm Lutheran Children and Family Service 1216 Arch St., 4th Floor Philadelphia, PA 19107 (215) 893-8400 (215) 735-4064, fax • May charge a nominal fee. • Will take Asylum cases. • No employment-based cases. • Will accept criminal cases. Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 69 of 132 Page ID Updated April 2016 List of Pro Bono Legal Service Providers #:6818 * New Provider http://www.justice.gov/eoir/list-pro-bono-legal-service-providers York Immigration Court York, Pennsylvania Hias and Counsel Migration Services Pennsylvania Immigration Resource Center (PIRC) 2100 Arch Street, 3rd Floor Mailing: P.O. Box 20339, York, PA 17402 Physical Location: York County Annex Building, Suite 1, 112 Pleasant Acres Road, York, PA 17402 Tel: (717) 600-8099 Fax: (717) 600-8044 • Represents only aliens in detention. Philadelphia, PA 19103 (215) 832-0900 • Will represent aliens seeking asylum. • May charge a nominal fee. • Representation limited to residents of Southeast Pennsylvania and Delaware. Justin C. Egeolu, Esq. 2386 Morris Avenue, Suite 100 Union, NJ 07083 Tel: (866) 794-1716 ejc@egeolulaw.com •  Will represent indigent aliens pro bono in asylum proceedings. Prime - Ecumenical Commitment to Refugees 129 Owen Ave., P.O. Box 5 Lansdowne, PA 19050-0005 Tel: (610) 259-4500 (610) 259-4515 and 701 N. Lime St. Lancaster, PA 17602 Tel: (717) 396-9300 Fax: (717) 396-9374 • Represents aliens seeking asylum, CAT. • Represents children. Nationalities Service Center 1300 Spruce Street Philadelphia, PA 19107 (215) 893-8400 • Will represent aliens seeking asylum. • May charge a nominal fee. Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 70 of 132 Page ID #:6819 Exhibit 4 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 72 of 132 Page ID #:6821 Exhibit 5 3535!: a: HREE I i Fii??iqllhi- I girl. . [ill-Isl. iilliliili #Iilil-ti. ill. in]! I IFII ml. iIIt-iiliiliEE-ii Hal. rial-I. lli?l?llriali IE. 9" Inn-ll: Ila?in: i Ell! Iii'l II Iii! limit-IE. Elli?n i Illiiliqi II it'll l- llanr Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 74 of 132 Page ID #:6823 Exhibit 6 FimPhune Calls mm De Tal?fanu Gratis - HUI-minim? ?ll-lu- ?Hakim-I ?mm Malli- up Imdb nut Haul mummy nun-mu math-trunk Inuit-hm ?Wthm?hm Whm?hm mum-mum.? midi-Hm whim-?mums? ?it?u i Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 76 of 132 Page ID #:6825 Exhibit 7 Do nmom 3 o: .F #950 i gill?Ililii?ii is! a. [Infill ilnlSEiElE?Eili iImIIEll-Illtt Egan-anal. all-13.1.! liftil?tii?iiaulii:?mi? Iii-litnlh?pgu?? [Ritalin-ll Elihu-Eilill ill ill?[Ili? [fin-I1 i .t-Eliliili II gull-Ill- i lull! II I 4 [flirt-Ill]! Illi all Ill! ill-ll! I'nhhalnl Flor-II. Ill-{ill Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 78 of 132 Page ID #:6827 Exhibit 8 - . Document 217-4 Filed 06/03/16 Page 79 of #:6828 mm mun-lumbarnmummnm Col-mm m?hm?m wim?" m? 1" mum-mum ?Manhunt-mum murmur-nun! I Emma?qumj-wmamm alum?dumb hunt-Inna m-wlm?w?mm Indium-Input mum-unl- liming-I: ?lmf??m?m?nm??uumqmm h-T?mnb?d?hMMh-h mmnhu?-h ?1mm? ?null-mm I'm-Inge. ?Mnuu?uu?mum? Ian?u- i - an? ?-h?nmth?r??nm Camp?gun- ?inhibit-will Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 80 of 132 Page ID #:6829 Exhibit 9 Page 81 of #:6830 .qumr- -. .mry ?magma-in 1mm-W--_ FWW a. mh?n?h-??a lithium-um inn-unturn- Puma-mm ?tannin-alumina! HI- huh-nulli- haw-mil.? Lulu I??l?l-mhu ?lul? law-mi kw Hill I- Innih?ul-Ilp? 1 4 Il'll' mm ??rm - Elma-arm In? lawman-Lui- - ?Tr-sum! mum-um? Hint-1h. HIM ?Human-arm - uni-um.- l-n-H 1-.- Mill Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 82 of 132 Page ID #:6831 Exhibit 10 Ebliitlnu.ll?w II ii]! 5:1: ll Ii EilE.l unit-la than 2i. duh-ls; lulu?E_ uni. Ill-Ia- in: unit]! :5 ill m? .1: ml gliilou.lr?l =5 II Hun-?u In.? -.Iull_l_ ull .Itl Nmmo. mm mama uw__n_ BUN Em Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 84 of 132 Page ID #:6833 Exhibit 11 WW4 Filed ems/16 pageSSom #:6834 ?Turin-mull? 151 IEI m-wunmmu lk Gnu-nun man a" rm] ?1 tun-Mn Btu-um- 1 u' JIMmHa-u'rm J, ml! ?31?"th Eran-II lim-Mnm frail 1L M-MHMM El?? ?nm-nm- nul Wm?; m? at" If?! m? [Hull Elk-Wmhm arm?? I I. Dru-mm!? un Erna-u. I nu: Elm- Duluth-Tat If all WEI: a? Ew.m I. Jinn] rpm-Th4 Ew?LPH-uumwn [Hull h-m?IH?m lm?'w'm Jun-l a? I h" HI '?hE?p 'Iul lulu-l:? II: In Elli-u.? -. Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 86 of 132 Page ID #:6835 Exhibit 12 Al. . .1 .V I .I ilk. . Ill] .1: II Lari-aniliIt?ll-nu. lair I- . -In -l . .51.. .5 5.11:1 nil Ii. I I- .115; in. 9 H. gags .114. El.?.ll??b.i Ti _il Elihu-ll?. :53. Ear-Israeli. u_._rIu_ .nE If! I. .Esl?m claw-ind. _hE_ .2 n. i#l_ Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 88 of 132 Page ID #:6837 Exhibit 13 Hip-Ii: .lu .l an ii Ila Ila Sinfll?iiL?l .H. i Isiah?I? - . ow mama o?mgoo uw__n_ EwEsooQ Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 90 of 132 Page ID #:6839 Exhibit 14 Document 217-4 Filed 06/03/16 Wage of'1?2 Pagel .4 #:6840 . - . 353i 5w Wm 35"! . hW?f?W Fm\mm5?mm? m" 5 Tim EM 155! 1' an; F'h?vm -Wm? . Haifa?! ?Turn mu I Tutu! WIT I ?Luna-mm awn-mum WHE- . .mm :menEEm-Bm mu gw an: =Lw-Wh?? :32: a w-mnm I yum-mm as" I ?all Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 92 of 132 Page ID #:6841 Exhibit 15 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 93 of 132 Page ID #:6842 Berks County Residential Center Standard Operating Procedures and Policies Chapter: Subject: Program: Training Resident Rooms / Room Checks Family Residential Program Policy #: 40.085 Effective Date: 11/01/2014 Revised Date: 11/01/2014 Approved: Signature on File Diane Edwards, Executive Director Policy It is the policy of the Berks County Residential Center (BCRC) and the Pennsylvania Department of Public Welfare (DPW) that observational checks be conducted on every resident during awake and sleeping hours. The following procedures will explain daytime and nighttime checks and other information that pertains to such. Definitions Clearing an Area/Room – The verifying of an area/room that it is empty of all residents. This requires physically entering an area/room and determining visually that there are no residents present. Day Time Sweeps – The visual monitoring of each area/room in a post area to ensure the safety of the residents, proper behaviors, and the security of the facility. Room Checks – To verify that each resident is accounted for and to ensure that they are safe. Room checks are done to each individual resident visually and then documented down once completed on a Resident Room Check Sheet. Procedure 1. Day Time Sweeps a. Staff is responsible for completing ten to fifteen (10-15) minute sweeps during daytime hours once resident room checks are no longer being performed in the bedrooms and when any other resident area in the building is being occupied. b. If a staff member must enter a resident’s room or any other room for any reason, or check if a resident is present, it should be done quietly and not overly aggressive. c. Lights must always remain on in a room with residents in it for any activity. If lights are out during an activity, cameras that could normally protect anyone from allegations cannot properly view the area to help them. This is mainly for movies but can apply to any other activity as well. Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 94 of 132 Page ID #:6843 Training Page 2 of 3 d. Checks on bedrooms during the daytime should include walking to the entrance of each room and briefly checking into them to verify that any resident in that room is safe. i. Care should be taken to not spend too much time at any room when the occupants are of the opposite gender. ii. Professionalism will be the key when checking rooms during the daytime as too not violate any resident’s privacy. iii. Staff members should use the cameras throughout the facility to protect them when doing checks. 2. Clearing an Area a. All places within the area where a resident potentially could be must be checked to verify that the area is clear of any residents. b. In the case of resident bedrooms, the bathroom must be physically checked as well in order to clear that entire area. c. Resident bedrooms must only be cleared by the same gender staff as the occupants of that particular room. In rooms where there are adults and children the gender that will be followed is that of the adult. i. If no same gender staff member is available, the area cannot be cleared until one becomes available. ii. If no staff member is available for any number of reasons, a Supervisor should be contacted for further instructions on how to handle the clearing of the area. d. The only way a staff member should enter the bedroom/ bathrooms of an opposite gender resident is during an emergency. This should include, but not limited to fire, medical emergency, some type of weather emergency, etc. e. Residents should never be allowed to re-enter an area that has been cleared without a staff escort. 3. Night Time Resident Room Checks a. Staff is responsible for completing fifteen (15) minute room checks during nighttime hours. This may vary if a resident is placed on a level of observation that calls for more frequent checks. b. During these checks staff are to verify that each resident is accounted for and to ensure they are safe. c. This may require the staff entering the room to view each resident. d. At no time should you do a check on a room of the opposite gender. In rooms where there are adults and children the gender that will be followed is that of the adult. e. Staff is to complete all appropriate forms. Forms should be completed after the checks is completed and only filled out by the staff that completed the check. 4. Room Guidelines and Information a. Infant / toddler bedtime 2030 hrs everyday of the week. Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 95 of 132 Page ID #:6844 Training Page 3 of 3 b. Juvenile bedtime is 2100 hrs Sunday through Thursday and 2130 hrs Friday and Saturday. c. There is no set bedtime for adults. d. Radios shall be turned off by 2030 hrs and other noise shall be kept at a minimum at this time. e. Infants must sleep in a crib. Toddlers must sleep in their own bed with bedrails. Neither is permitted to sleep in the same bed as their parent. If this is discovered during a check it must be corrected and the resident reminded of the rule. If this becomes habitual with the same residents a report should be written. f. Residents are not allowed in other residents rooms. Although, parents may enter their children’s room with staff permission. Adults may never enter another adult room, no exceptions. g. Residents can replace items such as: toilet paper, paper towels, soap etc. on their own. If they can’t and staff needs to enter the room, staff should do this at meal times when no residents are present. h. Residents 12 years old and younger will be housed in a room with their parent. i. Like aged juveniles of the same gender shall be placed in rooms together. (12, 13, 14 and 15, 16, 17 if possible) Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 96 of 132 Page ID #:6845 Exhibit 16 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 97 of 132 Page ID #:6846 Berks County Residential Center Standard Operating Procedures and Policies Chapter: Subject: Program: Training Resident Rooms / Room Checks Family Residential Program Policy #: 40.085 Effective Date: 11/01/2014 Revised Date: 4/28/2016 Approved: Signature on File Diane Edwards, Executive Director Policy It is the policy of the Berks County Residential Center (BCRC) and the Pennsylvania Department of Human Services (DHS) that observational checks be conducted on every resident during awake and sleeping hours. The following procedures will explain daytime and nighttime checks and other information that pertains to such. Definitions Clearing an Area/Room – The verifying of an area/room that it is empty of all residents. This requires physically entering an area/room and determining visually that there are no residents present. Day Time Sweeps – The visual/auditory monitoring of each area/room in a post area to ensure the safety of the residents, proper behaviors, and the security of the facility. Night Time Hall Sweeps – The visual/auditory monitoring of each resident bedroom during sleeping hours. This is done without entering the room or shining of any lights, in order to ensure the safety of the residents, proper behaviors, and the security of the facility. Room Checks – To verify that each resident is accounted for and to ensure that they are safe. Room checks are done to each individual resident visually and then documented once completed on a Resident Room Check Sheet. Procedure 1. Day Time Sweeps a. Staff is responsible for completing ten to fifteen (10-15) minute sweeps during daytime hours once resident room checks are no longer being performed in the bedrooms and when any other resident area in the building is being occupied. Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 98 of 132 Page ID #:6847 Training Page 2 of 3 b. If a staff member must enter a resident’s room or any other room for any reason, or check if a resident is present, it should be done quietly and not overly aggressive by same gender staff. c. Lights must always remain on in a room with residents in it for any activity. If lights are out during an activity, cameras that could normally protect anyone from allegations cannot properly view the area to help them. This is mainly for movies but can apply to any other activity as well. d. Checks on bedrooms during the daytime should include walking to the entrance of each room and briefly checking into them to verify that any resident in that room is safe. i. Care should be taken to not spend too much time at any room when the occupants are of the opposite gender. ii. Professionalism will be the key when checking rooms during the daytime as too not violate any resident’s privacy. iii. Staff members should stay in camera sight when doing checks. 2. Clearing an Area a. All places within the area where a resident potentially could be must be checked to verify that the area is clear of any residents. b. In the case of resident bedrooms, the bathroom must be physically checked as well in order to clear that entire area. c. Resident bedrooms must only be cleared by the same gender staff as the occupants of that particular room. In rooms where there are adults and children the gender that will be followed is that of the adult. i. If no same gender staff member is available, the area cannot be cleared until one becomes available. ii. If no staff member is available for any number of reasons, a Supervisor should be contacted for further instructions on how to handle the clearing of the area. Possibly using two staff. d. The only way a staff member should enter the bedroom/ bathrooms of an opposite gender resident is during an emergency. This should include, but not limited to fire, medical emergency, some type of weather emergency, etc. e. Residents should never be allowed to re-enter an area that has been cleared without a staff escort. 3. Night Time Resident Room Checks a. Staff is responsible for completing hourly room checks on every half hour (830pm, 930pm, 1030pm, etc.) during nighttime hours. This may vary if a resident is placed on a level of observation that calls for more frequent checks. Between the hourly room checks, staff must perform hallway sweeps every fifteen (15) minutes. The check sheet must be initialed for all checks and nighttime sweeps. b. During these checks staff are to verify that each resident is accounted for and to ensure they are safe. Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 99 of 132 Page ID #:6848 Training Page 3 of 3 c. This may require the staff entering the room to view each resident. d. At no time should you do a check on a room of the opposite gender except in an emergency as stated above. In rooms where there are adults and children, whom are 12 years old and younger, the gender of staff completing the room check that will be followed is that of the adult. In rooms that house adults and children whom are 13 years and older, and of opposite genders, both a male and a female staff shall complete the room check, simultaneously. e. A room check will be performed by illuminating the floor or the ceiling when checking a resident. At no time shall staff shine any light into any residents faces or person. f. Staff is to complete all appropriate forms. Forms should be completed after the check is completed and only filled out by the staff that completed the check. 4. Room Guidelines and Information a. Infant / toddler bedtime 2030 hrs every day of the week. b. Juvenile bedtime is 2100 hrs Sunday through Thursday and 2130 hrs Friday and Saturday. c. There is no set bedtime for adults. d. Resident radios shall be turned off by 2030 hrs and other noise shall be kept at a minimum at this time. e. Infants must sleep in a crib. Toddlers must sleep in their own bed with bedrails. Neither is permitted to sleep in the same bed as their parent. If this is discovered during a check it must be corrected and the resident reminded of the rule. If this becomes habitual with the same residents a report should be written. f. Residents are not allowed in other residents rooms. Although, parents may enter their children’s room with staff permission. Adults may never enter another adult room, no exceptions. g. Residents can replace items such as: toilet paper, paper towels, soap etc. on their own. If they can’t and staff needs to enter the room, staff should do this at meal times when no residents are present. h. Residents 12 years old and younger will be housed in a room with their parent. i. Like aged juveniles of the same gender shall be placed in rooms together with their parent. (12, 13, 14 and 15, 16, 17 if possible) Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 100 of 132 Page ID #:6849 Exhibit 17 Case Document 217-4 Filed 06/03/16 Page 101 of 132 Page ID #:6850 Cycle #1 29-Ma 30-Ma 3 1 -Ma 1 -Jun 2-Jun 3-Jun 4-Jun 16 SUNDA MONDA TUESDA WEDNESDAY THURSDA FRIDA SA TURDA OMELET or PANCAKES BU . (2) 2 oz. HOT GRILLED CHICKEN 2 oz. GRILLED 3 oz. CHICKEN 1 SN. SAUSAGE 3 oz. CHICKEN Meat Entree ROLL FILET CHEESE SANDWICH STEAK SANDWICH 5' 05 PIZZA SANDWICH TENDERS Vegetarian MEATLESS HOT BLACKBEAN GRILLED CHEESE VEGGIE BURGER VEGETARIAN MEATLESS MEATLESS Entr?e DOG BURGER SANDWICH NOODLE SOUP SAUSAGE CHICKEN 1/2 c. Baked Beans ?2 c' BU?ered 4 oz. TOMATO SOUP 1/2 c. Carrots ?2 c' Vegetable 3 oz. FRENCH FRIES 1/2 c. BAKED BEANS Noodles StIcks 1/2 c. Cole Slaw 1/2 c. Peas Carrots 1/2 c. GREEN BEANS STEAK ROLL 1 ea. Dinner Roll . 2 oz. PEPPERS AND 1 ea. DInner Roll ONIONS #121302 RICE BEANS RICE BEANS RICE BEANS BEANS BEANS RICE BEANS RICE BEANS TORTILLAS TORTILLAS TORTILLAS TORTILLAS TORTILLAS TORTILLAS TORTILLAS SALAD BAR SALAD BAR SALAD BAR SALAD BAR SALAD BAR SALAD BAR SALAD BAR SHREDDED SHREDDED CHICKEN CHEESE HARD COOKED EGG CHEESE POTATO SALAD 1 ea. HOT POCKET 6 oz. Hamburger 5 oz. BREADED Chicken Nuggets 3 oz BAKED TURKEY 3.6 oz(6ea) CHEESE Meat Entree BEEF Helper CHICKEN 1 StU?ed Peppers (5ea) HAM RAVIOLI VegetarIan PIZZA MAC CHEESE MEATLESS RAVIOLI EGGROLL GARDEN BURGER CHEESE RAVIOLI Entree CHICKEN 1/2 c. Broccoli 1 ea. ?2 c? AU GRAUTIN 1/2 c. Corn 1/2 c. Broccoli 1 ea. 1/2 California Blend 1/2 c. 3 Bean Salad 1 ea. EGGROLL 1/2 Peas SWEET 1 ea. Dinner Roll #121302 RICE BEANS RICE BEANS RICE BEANS RICE BEANS BEANS RICE BEANS TORTILLAS TORTILLAS TORTILLAS TORTILLAS TORTILLAS TORTILLAS TORTILLAS SALAD BAR SALAD BAR SALAD BAR SALAD BAR SALAD BAR SALAD BAR SALAD BAR GRATED CHEESE PASTA SALAD PASTA SALAD Salad Bar contains a minimum of: 1 protein, 1 dairy, 2 vegetable, 1 fruit, lettuce, soup and a salad topping Peanut butter, jelly, bread, tortillas and whole fruit are available at all meals. Salad Bar has a weekly Rotation Schedule ase 2:85-c -DMG-AG ment 217- 06/03/16 02 of 13 a cyam 5-Ju?fr 6-5311 53:91? #:68 I.fll 9-39611 216$?er 11-Jun 16 SUNDA MONDA TUESDA WEDNESDAY THURSDA FRIDA SA TURDA OMELE or PANCAKES BU Meat Entr?e 3 oz. STEAK CHICKEN on 3 oz. HOT TURKEY 3 oz. BBQ CHICKEN 3 oz. HOT ROAST 3.6 oz. Breaded Fish (2) 2 oz HOT SANDWICH WW Roll w/ 1 SI. WW Bread SANDWICH BEEF on WW Roll DOGNVW ROLL Vegetarian MEATLESS CHICK MEATLESS GRILLED TUNA 8. Entree EGG ROLL PATTY CHICKEN CHEESE GARDEN BURGER MAC CHEESE MEATEEZS HOT STEAK ROLL #10 Brown Rice 1/2 c. Sweet Potato 5 ea. Potato Cakes 2 oz. GRAVY #10 MAC CHEESE 1 oz. Potato Chips 1/2 c. Fresh Veg. 1/2 c. MASHED 1/2 c. STEWED 1/2 c. Sauteed 3 oz. TATER TOTS 1/2 c. Carrots 2 oz. Gravy Sticks POTATO TOMATO Cabbage 1/2 c. Green Beans 1/2 c. Broccoli 1/2 c. Corn #12/302 RICE BEANS RICE BEANS RICE BEANS RICE BEANS RICE BEANS RICE BEANS RICE I BEANS TORTILLAS TORTILLAS TORTILLAS TORTILLAS TORTILLAS TORTILLAS TORTILLAS SALAD BAR SALAD BAR SALAD BAR SALAD BAR SALAD BAR SALAD BAR SALAD BAR HARD COOKED EGG CRQESEERY PICKLES HARD COOKED EGG TARTER SAUCE 2 oz. TACO with 202. 4 oz. CORN DOGS Hamburger on WW 1 SN. STUFFED 3 oz. MEATBALL 5oz. Meat Entree (6) Roll 2 ea. MEATBALLS Salsa. 2 oz. Tomato CHICKEN SANDWICH BURRITO Lettuce. 2 oz. Che Vegetarian RAVI OLI EGGPLANT LA A GN A PIEROGIES Entree PASTA AU A GARDEN BURGER 1/2 c. Broccoli. 1/2 c. Peas 1/ 2 R?a5ted 6 1/2 c. Peas Carrots Cauli?ower, Carrot 1?2 c' seas?ned Potatoes SAUCE Mix Black Beans 1 ea. Dinner Roll 1 ea. GoGurts 3 oz. French Fries #121302 RICE BEANS RICE BEANS RICE BEANS RICE BEANS RICE BEANS RICE BEANS RICE BEANS TORTILLAS TORTILLAS TORTILLAS TORTILLAS TORTILLAS TORTILLAS TORTILLAS SALAD BAR SALAD BAR SALAD BAR SALAD BAR SALAD BAR SALAD BAR SALAD BAR PASTA SALAD GRATED CHEESE APPLESAUCE GRATED CHEESE TURKEY CHEDDAR ROTINI SALAD Salad Bar contains a minimum of: 1 protein, 1 dairy, 2 vegetable, 1 fruit, lettuce, soup and a salad topping Peanut butter, jelly, bread, tortillas and whole fruit are available at all meals. Salad Bar has a weekly Rotation Schedule Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 103 of 132 Page ID #:6852 Exhibit 18 Case Document 217-4 Filed 06/03/16 Page 104 of 132 Page ID 26853 laddin FOOD MANAGEMENT SERVICES, LLC To: Diane Edwards, Executive Director Dave Smith, Program Director Patricia Pepe Reiser, Department of Homeland Security From: Bonnie J. Bland, RD, Corporate Dietitian Date: August 6, 2015 Subject: Berks Heim Resident Center Menus A review and nutrition analysis has been completed of the current Berks Resident Menu The data was based on individual average age of 25 years and a basic meal pattern. Based on information provided, the menus meet and/or exceed 2400 calories and meet the as outlined in.the analysis. The menu cycles were also reviewed for Dental/Mechanical Soft, Diabetic, Low Fat, Low Cholesterol, High Fiber, Vegetarian and Lacto Ovo diets. The current menus are adequate to meet the needs of the Residential Center p0pu ation with adjustments to any special diets. Sincerely, WM Bonnie J. Bland RD cc: Alan Roberts, District Manager Aladdin Food Management Services, LLC I 21 Armory Drive I Wheeling, WV 26003 Phone (304) 242-6200 0 Fax (304) 242-1439 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 105 of 132 Page ID #:6854 Exhibit 19 Case Document 217-4 Filed 06/03/16 #:6855 Commonwealth of 23m CAMERON St Page 106 of 132 Page ID E'l'll'lS lvania Department of Agriculture gran-tirinzns Bureau of Food Safety and Laboratory Services #ppg?pp PA 17110 I Retail Food Facility Inspection Report a ty: HESILJENTIAL CENTER tiCE?i Facility ID: 23312 lnsp. ID. COUNTY OF BERKS Inspt Date: 4114:2015 Address: 1040 BERKS RD Cltyi?tate: PA le1 19533 County: Bert-ts Region: Region Phone: {610) 396-0310 Inep. Reason: Regular No. of Risk Factors: 0 No. of Repeat Risk Factors: Overell Compliancn: lN FODDEORNE ILLNESS RISK FACTORS AND rustic HEALTH Risk Factors are important practioes and procedures identified as the most prevalent conzn'ho ting factors of loodbome illness or injury. Public Health Intervention are control rrteaSuree to prevent foodbome illness or injury. IN: in Compliance OutotComplianoe MU: Not Observed Hm: NotApplicaole. C: Corrected On Site R=RepeatViota1im 4i 142'201 5 Kristin IlElaIIlIter 3 Ignatu re is Iivtichaiie Cobb I joist.? as I .. . 1. Person In chargepresert demonstratesi-inowledge. In separated Win . .. to. Food-mniact surfaces deanedEsanitIzed 15. Proper disposition ofreturned previously served. in 2. Management. food employee conditional food employee In unsafe food responsbilItIesE repairing . Tlmei'l'emperature ControlforSafIty I Proper use of restrictionEeJtdLISIor? I In I cool-ting timeEtei'nperetores II Mid II 4. fIDr t0 E'O?'liIlIlngI 5; dl?mw I I II In I Proper rehBaIm-Iyg procedures, fIOf hdldi?gf . PM Wai??icl?rawm .. westernmost: .. .. .. 5.IProperea.ing testing dnnl-Iing oriobacco oseI I I I2tlI.IIProp-erhothoiding temperatures II I EI.IINodIschargefromeyes nose. Emotith I In II 2t.IPropercold hoidingterrperatures I . I In Preventing Contamination IbyI I22 date rnaritingEdisposmon .. II II I I . IiIn II propertywast-ae In . ?it? B. bare hand contact with RTE food or a ore-approved In Consumer IilIidleeIorIyI .. .. . 24. Consumer adiis'or'i prowded to? r'aw runderwokad testis m. 9. Adequate handwashing sinks properly supplied accessible In I I Susceptible Population - -- Approved 509?? . foods tisod?. prohibited foods not offered Wilt II I Substances I I I 0 a properternperature MO 26. Food additives approved Eproperly [used MA 12. Food' In goodcondition safe. In -- - -- substancesproperlyidenti?ed storedEosed in 13. Required records available. shellstooit tags. parasite Confonnancewlth Approved Procedures II II 23. Compliance IwIitIh varianceiIspe-Idalized process-I'HACCP MA I GOOD RETAIL PRACTICES Good Retail Practicas are prevent tive measures to oontrol the addition o? pathogens and physical objects' Into t?oods. I Safe Food Water Proper use of ItltIeIItIsIlpII I29I.IIPasteunzed eggsused whererequtred I II 42 lnI?Itise utensils. properiysiored In BDI WeterE' Ice ?rom epprotied source In 43. Utensils. oquipntent liners: properly stored. dried 31Food Temperature Control 44* ISingle-tiseisir-gle-seniioe articlespropedystoredEused .. .. .. .. 32. Proper cooling methods used:adeot.ate II I II 45' GlowUtensils. EIcIiulpII-IneIrItI 3.dean Plant food IpIrIoperlyI copitpd For hot IIijolIdiII-Ig I I I 46. Ithd contact Cleaneble. properly approved ItIl'ItawinIgI methods peed In as Themtometers prowded 5 33:11me Warewashing facilities. installed maintained osedi I In Food Identi?cation - - I43 available .. . . 35.Iroodproperlyiabeled ongtnalcontairer I In - contact 5? weep: IlIiItIi -- -- -I-I-- Prevention ofFood Contahlnatlon - oncIa at: . . . 49. cold vIvaI' eravaileble adeooateI pressure In 31. Insects. rodentsEenImalsnot present in - -- 38 mum-113d duping 5' IFI properbad-I?Flm Ir .dlilP?al'. I E-IeIivegeI attests. viiater property disposed I .3 II II In IEE.IIPersonaldeanlIr-ess oIzIIToiletfaCIiities supplied 40 Wiping. cloths; Elli'??lli Estored I53. re?ise properly disposed 'aciIlities 41. Washing fruItE vegetables Iln 34'. Pi?YSloel Installed maintained. Ecloen In 55. Adequate ventilation. lighting; designated areas I..Ised In FOOD EMPLOYEE CERTIFICATION Certi?ed Food Employee Certi?cate 56. Certi?ed Food Employee employed: acts as PIG: accessible I I In II 57. IICerti?edIlood mIenageroeIrti?Icate:Ivalid EI magistrates II II in II Date Forum In Charge Per-on In Charg- Sla. Date Slrilnripn I Sanitation Slunetu'o Sig. Date I Time In Tlrril Out purists Ittifati It tail in 4i141?20161124tag AM Page 1 of 2 Case Document 217-4 Filed 06/03/16 Page 107 of 132 Page ID #:6856 Commonwealth of . - 2301 CAMERON 5T Dapanmm? . HARRISBURG. PA 17110 5r. AEREEULTW Bureau of Food Safety and Laboratory Services Hum-4315 I . Retail Food Facility Inspection Report '11 an ID: 23312 a Owner: COUNTY OF BERKS Address: 1040 BERKS RD CityIStete: PA Zip: 19533 County: Berks Region: Region 7 Phone: {610) 396-0310 Insp. ID: Insp. Dete: 411412016 lnap. Reason: Regular No. of Risk Factors: 0 No. of Repeat Factors: 0 Overall Compliance: IN PUBLISHED COMMENTS No notationswere obs-aired'attheiime ofthisinS?ECtion. Report has been reviewed with the person in charge. The cornpliaf?ce Status of il?is facility and a copy 0' INS inspection I'Ep?f?. Ivol-ill be posied on 1h? PA DapartmEin'I of Agriculiure websiie. 4111412015 11:24:39 A'v'l Page 2 012 Case Document 217-4 Filed 06/03/16 .- commonwealth of Department at Agriculture Bureau oi Food Safety and Laboratory Services #26857 2301 CAMERON ST HARRISBURG. PA 17110 717-787-4315 Page 108 of 132 Page ID Owner: ?couu'rv o= BERKS Retail Food Facility inspection Report 7 Address: 1040 BERKS RD CityIStele: LEESPORT PA Zip: 19583 County: Berks Region; Reg-Em? Phone (610? 395-0310 Insp. ID: lnsp. Date: ?$12015 Insp Reason: uler No. of Risk Poem: No. of Repeat Riel: Factors 0 Overall Compliance: IN FOODBORNE ILLNESS RISK FACTORS AND PUBLIC HEALTH INTERVENTIONS 'o's are Imps-nor remixes and adores Ider-L- ie: as 're mos preraier: cor-tributirg Factors- 'oodborreiilness or may 94:5: 46am- Ir- are cor-rd measures lr-prevent 'oodbome illness or Injury In Compliance. 0' Out of _.Co MG: hoi ObserJ; Li.\ - Ix'olAppiicable. - Corrected On Siic- R- Repeat Violation Supervision Protection From Contamination 'a Persor' li" warps preser senior-5 r-I' .us 3.. 3. Ir 14. Food separated a. proIecIed ir- 7 99'9"? ??99 Io Load-mills: surleces: cleared a sanmzed ir- Ernployee Heairl- 16. Proper disposition of re. previously served. Ir 2 htiara ;er or: _?ood empl'. gee a. cordi .Iua- 5 Ir. remndr?rore". 5 {099 ia?onledge 8 rap-OCT; .. Tintei'l?emporolure Control for Safety .1 Proper .59 o' res .rI?oior 5 exclr. yon 1" 17 Proper cooking Iime a temperatures MO 4 PIT-CGCLIG 'or res; :I'cIr; Ir: cum-nor over': 18. Prqarlei?addr?, procedures 'or is: raiding NIO Good Hygienic Practices 19. Proper cooling :ime a. 5ansz 7 MO Pro?ir ear-5 55:6.? :n?rkir: or 'ct-aoto of.? I.- 20. Proper ho: holding Iemperaiures No distrerg: ryneyn5 rose. a. ma [r 21. Proper cold holding temperatures In Preventing Contamination by Hands 22- Proper #319 3 531705335? 7 darts dear a. waste" 23. Time as a public reeiih cor-.roi 3 record5 .. No tore ran: cor-tact or? RTE '90: or a. 'ir- 7 Consumer Advisory a1 am: nhtrod prep-9m falls") ed 7? 7 24 ?Cor'sun'ni 'prdi?d'?d' foods 5? Adsoea'. rardIIrasI-ir; sir-II; t-p?rl, 5L prII'Is? 8. Ac?essible I In Highly Susceptible Population Approved Source 25 Pesiecn?zed 'ooiis coed: prof ibiied moonilot?oreo MA ?0 ?3333"? ?Fwy?" 93?? If I Food?r'CoIor BI Toxic Substances 1 rec-owed A: proper 'mpmu?m 23 -oo:1 additives approved a. properly u5ed WA ?3 3993' 53,9 . h: 2? Toxic sobsterces properly used In To. available 5i'eII5t-od- 135:. pardsne NIA Conformance with Approved Precociureli 28. Compliance with variancelspeciaiized processfi-IACCP MA @000 RETAIL PRACTICES 63x Retail Petites are pres'artame I?I?stues to and ?re 5?5 5. and pin sical ohjecis into foods. Safe Food 8. Water Proper Use of Utensils 29 F-Hes .c?eunze 6535 used .IIl'ere reopired lr .12, ir-Lse utersiis: properly siored ir 20 era -ce 'rom approved sauce ir ?l3. 'Jler-5Ii5 equipmer! E. liners. pmpuriy stored. dried 3. Ir 31 "ariaroe cb.aired' or specialioed pmess-irg Instr-ops Food Tempera'ture Control LI Siroie-I. amides properly stored 5 used Ir- 32 Przper :cciir; me: rods used: itemize Reformer: -?or Ir 75? Gioves used properly . . - .- - Ir .enmrazore control Utensils. Equipment 5 Vending 1'3 Pier: properly cooks: 'or ro?. i'L?iill'J In 45 a Mm 905 contaci su?aces :leanabie. properly Ir 5-1. Approved tramp; morocs pm It?- . 5? .. .. Physical Facilities Prevention ofFood Contamination id bl . . .17 Irseczs. rodents arimaisro'praser'. Ir 40mm wateraval a a a- aqua. epressu'e 38 Car" ani~aJor FEW: a: ?93: Lrwaroiior. szoa ?e 6 Ir- f? Plumbing irszalleo: proper baodlo-II :IeIrIoes display 51 Sewage a. waste waIeI properly disposed in 39" PersonaldeanIu-ass In 52 Toilet properly cor-5'. ate: Supplied. adeaned Ia. wiping ctbr-s pmperII use-1351mm I.- 33- Gamaaefr?-?vo II . 41 Washing mi: 8. vegetables h. o-l. Physioal inslailed nIair-?Iained. iciean iom 55 Ade-I lighting: designaied areas good In FOOD EMPLOYEE CERTIFICATION Certi?ed Food Employee pk. Certi?cate 56 Cer'r'ie: Food Enipioyee employed. a . 3:53.55 or. Certi?ed ?ood ore-rage: certi?cate rand 3. moped displayed 'ir Visit Date Person In Charge Person In Crimp: 3i; Dar:- SImitarInn Sanitarinu Sigmurn Sig Date Tune In Time Out - Signliuli . IIonzms Baker 4? Hid-File Cobb (at: 11.5mm; 10236 no 4 ?9120?s 10245? Page of 2 Case Document 217-4 Filed 06/03/16 Page 109 of 132 Page ID #:6858 Commonwealth of 2301 CAMERON ST Department of Agriculture RG PA 11110 Pen-?saviwi Bureau of Food Salet'; and Laboratory Services ?mags?? I Retail Food Facility Inspection Report 123312 lnsp. ID: Owner. COUNTY O: BERKS Address- 1040 BERKS RD LEESPORT PA le: t9533 County: Berks Reglon: Regler- 7 Phone: {510) 396-0310 Insp. Date: 11191201!) lnsp. Reason: Regular No. of Risk Factors: 0 No. of Repeat Risk Factom- 0 Overall Compliance: IN TEMPERATURE OBSERVATIONS item Location Temp I Item Location Temp I ?JrlleaIry Other 39? Cheese Retn?gerator 38? Item Lowtion Temp PU COMME ~15 trlo ticiatiors were steamed a: To :me 0? Ms irspe:aar_ Reps?. has beer reviewed wi?J? :he person in :t-ar'ue. Th:- ::ntuJ arse status 5' T5 ?acihr- at": a to 5? :hs :r :L?r-EtiiLP rep-r, will re pests-c tr the PA Depanmer: 0'7 Agriculture websize. 1 1119201510 24 59 AM Page 2 of 2 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 110 of 132 Page ID #:6859 Exhibit 20 l Hil?? HI _ll:l MI NH. Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 112 of 132 Page ID #:6861 Exhibit 21 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 113 of 132 Page ID #:6862 For Official Use Only December 7, 2015 Berks FRC Housing Classification (head of households and children) This housing classification maintains family unity upon intake. This classification applies to Berks Family Residential Center only. Housing assignment classifications comprise four groups of families: • • • • Group 1 includes head of households whose children are 0-10 years of age, Group 2 includes head of households whose children are 11 to 13 years old, Group 3 includes head of households whose children are 14 to 17 years old, Group 4 includes head of households whose children are different genders and different ages. NOTE:  Adults age 18-to-26 CANNOT room with other families that include UNRELATED 15-to-17 year old children who are not the same gender as the unrelated adult.  Adult genders may never be mixed when assigning housing. • All Group 1 families are housed with other Group 1 families without regard to the child’s gender. • Group 2 families are housed with other Group 2 families according to the child’s gender. UNRELATED male and female children age 11 to 13 CANNOT room in the same bedroom. • Group 3 families are housed with other Group 3 families according to the child’s gender. UNRELATED male and female children age 14 to 17 CANNOT room in the same bedroom. • Group 2 and Group 3 families may room together if all family members are female. • Group 4 families are housed with other Group 4 families but: o Males 11 and older CANNOT room with UNRELATED female(s). o Males 14 and older CANNOT room with UNRELATED younger male(s) (13 or younger). o Males 10 and younger may room with UNRELATED female(s). Consult the on-site Berks ERO SDDO and the on-site JFRMU representative in any circumstances not outlined in Groups 1-4, or if other questions arise as to suitability of proposed assignments. All counselors must be well trained in the above housing classification rules and confirm familial relationship and adherence to the above age/gender requirements during room checks. Facility staff must conduct regular and ongoing audits, at least weekly, of all housing assignments to ensure adherence to the above guidance. Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 114 of 132 Page ID #:6863 Exhibit 22 Case Document 217-4 Filed 06/03/16 Page 115 of 132 Page ID #26864 Berks County Residential Center Standard Operating Procedures and Policies Chapter: Housekeeping and Voluntary Work Program Policy 12.010 Subject: Voluntary Work Program Effective Date: 5/30/2008 Program: Family Residential Program Revised Date: 12/1/2013 Approved: Signature on File Diane Edwards, Executive Director Policy The Berks County Residential Center (BCRC) shall provide a Voluntary Work Program for adults, residents 18 years of age and older, with the opportunity to work and receive compensation during their stay. Program Objectives Adults who are physically and mentally able to work shall be provided the opportunity to participate in a voluntary work program. Essential operations and services improve through the productivity of residents while contributing to the orderly operation of the facility. 1. Work Assignments include, but are not limited to: a. Food Service b. General Building and Grounds Maintenance 0. Housekeeping 2. Selection a Procedures for selection shall be based on the following. i. ii. iv. V. Work assignment does not interfere with the resident 3 primary reSponsibility of child care; Overall behavior, compliance and attitude; Relevant information from case ?le; Requirements of the job; and IHSC and Program Director approval. b. Selection shall not discriminate based on non-merit factors such as social groups, race, religion, sex, physical/mental handicaps or national origin. Acceptance of assigmnents is voluntary. 3. Work Details and Schedule a. Schedules shall be posted, containing assignments and work details. Temporary assignments shall be scheduled as needed. Residents shall not work more than 8 hours per day or 40 hours per week. Number of participants and the number of work assignments will be determined by the number of residents participating and the amount of work available. Residents shall be required to sign a voluntary work program agreement before each new assignment. Case Document 217-4 Filed 06/03/16 Page 116 of 132 Page ID #26865 Voluntary Work Program Page 2 of 6 4. Removal From Work Program a. 1. ii. iv. v. vi. Procedures for the removal of participants from the work program will be determined based on the following: Non?Compliance of facility policy and programming. Disruptive behavior. Unsatisfactory performance. Inability to perform work details. Unexcused absences from scheduled work. Prevention of potential injuries to the resident. 5. Compensation a. b. $1.00 per day shall be transferred to the residents account weekly. Residents that are transferred or released will receive pay owed to them as per the facility?s Personal Fund policy. 6. Voluntary Work Program Orientation a. All assigned work shall be performed within the applicable local, state and federal health and safety standards. The facility shall provide instruction and safety equipment that meets OSHA standards. Instructional sessions shall be held with all new participants (and/or new work assignments) speci?c to the job assignment, safety, reporting injuries and overall program expectations. Hands on practical application shall also be provided. Maintenance personnel shall provide project speci?c instructions, safety practices of equipment, and expectations of assigned work. Residents shall be medically cleared prior to being selected for speci?c physical tasks and food service assignments. 7. Work-related Injuries a. b. All residents injured during voluntary work will immediately be directed to the appropriate medical staff. Immediate noti?cation will be made to JFRMU, and the Executive Director. Case Document 217-4 Filed 06/03/16 Page 117 of 132 Page ID #26866 Voluntary Work Program Page 3 of 6 Berks County Residential Center Voluntary Worker Position Description Food Service Reports to Staff: On-Duty Food Service Worker Job Summary: Perform labor and semi-skilled manual tasks in the food service department. Position involves assisting food service personnel under provided supervision. Workers may be assigned varied, routine food service maintenance tasks as needed. Essential Functions: Washes dishes, pots, pans and utensils. Stocks supplies. Removes trash. Maintains cleanliness of food service areas. These preceding examples are representative of the assignments performed by the position and are not indented to be ail-inclusive. Selection: 1. Must be at least 18 years of age. 2. Work assignment does not interfere with the resident?s primary responsibility of child care. 3. Overall behavior, compliance and attitude. 4. Relevant information from case ?le. 5. Requirements of the job. 6. Management approval. Working environment: 1. Works in hot kitchen area. This position description serves as a guide for communicating the essential functions and other information about the position. It is not intended to create a binding workers contract nor cover every detail of the position and may be changed where appropriate. Case Document 217-4 Filed 06/03/16 Page 118 of 132 Page ID #26867 Voluntary Work Program Page 4 of 6 Berks County Residential Center Voluntary Worker Position Description General Building and Grounds Maintenance Reports to Staff: On?Duty Resident Care Worker - Maintenance Job Summary: Perform labor and semi?skilled manual tasks in facility/Operations. Position involves routine repairs and maintenance of equipment, facilities, buildings and grounds under provided supervision. Position involves assisting maintenance personnel under provided supervision. Workers may be assigned varied, routine maintenance tasks as needed. Essential Functions: Assists tradesmen in general maintenance and upkeep of the facilities, buildings and grounds. Makes simple carpentry, pluming and electrical repairs. Maintains ?oors with vacuums, carpet cleaners and power buffers. Paints various equipment and facilities. Cuts grass with power hand mower. Trims weeds and grass with power trimmer. Shovels snow and operates power snow blower. Removes trash. wsewewwr These preceding examples are representative of the assignments performed by the position and are not indented to be all-inclusive. Selection: 1. Must be at least 18 years of age. 2. Work assignment does not interfere with the resident?s primary responsibility of child care. 3. Overall behavior, compliance and attitude. 4. Relevant information from case ?le. 5. Requirements of the job. 6. Management approval. Working environment: 1. Works outdoors in all types of weather. 2. Ability to work in dirty dusty conditions. This position description serves as a guide for communicating the essential functions and other information about the position. It is not intended to create a binding workers contract nor cover every detail of the position and may be changed where appropriate. Case Document 217-4 Filed 06/03/16 Page 119 of 132 Page ID #26868 Voluntary Work Program Page 5 of 6 Berks County Residential Center Voluntary Worker Position Description Housekeeping Reports to Staff: On-Duty Shelter Counselor Job Summary: Perform labor and semi-skilled manual tasks in housekeeping. Position involves assisting unit staff cleaning and vacuuming the living units under provided supervision. Workers may be assigned varied, routine housekeeping tasks as needed. Essential Functions: Cleans restrooms and plunges toilets. Maintains ?oors with vacuums, carpet cleaners and power buffers. Stocks supplies. Removes trash. Maintains cleanliness of living areas. wewwr These preceding examples are representative of the assignments performed by the position and are not indented to be all-inclusive. Selection: 1. Must be at least 18 years of age. 2. Work assignment does not interfere with the resident?s primary responsibility of child care. 3. Overall behavior, compliance and attitude. 4. Relevant information from case ?le. 5. Requirements of the job. 6. Management approval. Working environment: 1. Ability to work in dirty dusty conditions. This position description serves as a guide for communicating the essential functions and other information about the position. It is not intended to create a binding workers contract nor cover every detail of the position and may be changed where appropriate. Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 120 of 132 Page ID #:6869 Exhibit 23 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 122 of 132 Page ID #:6871 Exhibit 24 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 124 of 132 Page ID #:6873 Exhibit 25 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 126 of 132 Page ID #:6875 Exhibit 26 Case 2:85-cv-04544-DMG-AGR Document 217-4 Filed 06/03/16 Page 128 of 132 Page ID #:6877 Exhibit 27 Case 2: 85- c-v- -O-4544 DMG- AGR Document 216:3- 748 Filed 06/03/16 Page 129 of 132 Page ID Berks County Residential Center Standard Operating Procedures and Policies Chapter: Education Standard Policy 05.010 Subject: Educational Services Effective Date: 5/3 0/2008 Program: Family Residential Program Revised Date: 12/1/2013 Approved: Signature on File Diane Edwards, Executive Direcmr Policy It is the policy of the Berks County Residential Center (BCRC) to ensure all children receive educational services and programming in accordance with Educational Standards to the resident?s level of development and comprehension while in a structured classroom environment. The BCIU is a contracted agency responsible for compliance with the appropriate standards and policies. Procedures Educational services for minor residents shall be appropriate to the minor?s level of development and communication skills. Educational programs shall be provided in a structured classroom setting, Monday through Friday, excluding holidays. Telephonic translation services shall be available for assessments and in each classroom. Educational services shall focus primarily on the development of basic academic competencies and secondarily on English as a Second Language (ESL). The educational program shall include a minimum of one (1) hour of daily instruction, with educational and other reading materials in such languages as needed. Basic academic areas shall include: Science, Social Studies, Math, Reading, Writing and Physical Education. Children not eligible for formal education shall be provided with age?appropriate child development toys and reading materials. 1. Individual Needs Assessment/Placement a. b. All assessments shall be conducted in a manner that does not violate the child?s privacy. This is done in a one on one setting that is private and separate from all other residents. A standardized educational assessment, using age appropriate testing tools, will be used to determine each resident?s educational level within three (3) days of his/her arrival at the facility. Primary placement in educational programs shall be determined by age range, according to the following, in conjunction with the resident?s education plan and educational assessment information. An education plan is developed for each resident based on the individual educational level. Developmental and comprehension levels are assessed and monitored. Residents in need of accommodations to access their education are referred into a formal evaluation process. An Case Document 217-4 Filed 06/03/16 Page 130 of 132 Page ID #26879 Educational Services Page 2 of 4 Individual Education Plan (IEP) will be created for residents following special education testing. The IEP is reviewed every thirty (30) days. Academic progress is monitored to determine the necessity to re?test at least every ninety (90) days. Specialized instruction is provided through individualized educational programming based on individual needs. Copies of all assessments are made available to parents for their review upon request. Copies of all assessments will be placed in the student?s individual education ?le, and will be available for review by staff upon request. 2. Education Services E1. Educational programs are at least equal in quality to equivalent programs in the community to ensure that student credits, certi?cates, and diplomas are accepted by community agencies. Educational instruction will be provided Monday through Friday, 8:30 am to 3: 15 pm excluding Holidays and teacher in-service days. The education program is supported by specialized equipment that meets minimum state education standards. Lesson plans and curricula developed by teaching staff, are based on state approved model programs, and are available for review in each classroom. All teaching staff submits weekly lesson plans to the Education Program Administrator for his or her review and approval. Resident files contain the following: initial assessment (formal evaluation as needed); progress reports; request for parent/staff conference; follow-up notes and reviews; and Individual Education Plans. Acculturation services and learning are incorporated into lesson plans, activities and seminars on a daily basis. Translation services are available for each classroom. Educational ?eld trips are coordinated with the Recreation Supervisor. A minimum of four field trips per school year will be scheduled, both on and off site. Field trips are educational, encompassing social and cultural perSpectives, providing a personal experience related to acculturation. 3. Evaluation and Reporting a. b. Resident attendance is recorded twice daily for morning and a?ernoon sessions, and records of attendance are maintained and available for review upon request. Resident progress reports are distributed to all residents on a regular and consistent schedule, and facility policy encourages the scheduling of parent-teacher conferencing to discuss student achievement. Any resident that completes the learning requirements for the maximum learning level will be provided the opportunity for learning advancement such as independent study, special projects, pre-GED classes, and college preparatory tutorial, among others. In accordance with applicable state law, and upon the recommendation of teaching staff, a resident may request to be administered the General Equivalency Degree (GED) test. Those residents approved for testing must ?rst be administered the GED pre-test to assess suitability and possible remedial tutoring. Copies of all requests for GED testing and test results will be ?led in the resident?s education file. Case Document 217-4 Filed 06/03/16 Page 131 of 132 Page ID c. #16880 Educational Services Page 3 of 4 A memorandum con?rming a resident?s dates of enrollment will be provided to all residents at the time of their departure. An educational assessment and/or transcripts will be provided upon request to institutions of learning on behalf of the resident. 4. Staf?ng Requirements and Training a. b. F). Teaching staff are quali?ed and certi?ed to teach in accordance with State regulations. The student/teacher ratio does not exceed 20: 1, or is in compliance with State policy and requirements. Teaching staff shall be ESL certi?ed, or enrolled in an ESL certi?cation program. The Education Department is administered and supervised by a person quali?ed and trained as an Administrator, in accordance with State requirements. There is on ?le and available for review a Staff Development Plan that includes, at a minimum, the following topics: ESL strategies and materials; Instructional best practices; No Child Left Behind (N CLB) rules and regulations; and Lesson Plan development. The Staff Development Plan shall be in accordance with prescribed state requirements. Staff are provided with pre-service and ongoing training on mental health issues, including but not limited to: how to respond to emergencies such as suicide attempts or threats; how to observe, prevent, document and respond to signs and of depression, Post Traumatic Stress Disorder (PTSD), physical and sexual abuse; and behavior management approaches. Refresher training occurs no less than twice yearly. Staff are provided with pre-service and ongoing training on cultural awareness and sensitivity, child development theory, and acculturation training. Refresher training occurs no less than twice yearly. Staff are provided with pre?service and ongoing training in First Aid, CPR, and AED. Ongoing and additional training is in accordance with applicable State requirements. Staff are provided with pre-service and continuing training in ICE policies and procedures, prohibition against providing legal advice or counsel to facility residents, and the privacy rights of residents All training sessions are documented in staff personnel ?les and are available for review upon request. 5. Equipment and Supplies a. Each resident is issued text that is appropriate for classroom use, and teaching staff are provided with the Instructor?s Edition. Should a state curriculum require additional materials to complete the goals and objectives of that particular course of study, the BCIU will ensure that these materials are provided to each resident and teacher as needed. If the materials are perishable, they will be replaced on a rotating basis commensurate with the curriculum timeline and rotation of residents. All classrooms are equipped with a desktop computer with Internet access, and attendance and grading software. Classrooms have manipulatives readily available and developmentally appropriate to each classroom and as required by lesson plans and curricula. Each resident will have the tools necessary to complete a particular task on their own, except when the curriculum calls for a group or partnered activity. Case Document 217-4 Filed 06/03/16 Page 132 of 132 Page ID #36881 Educational Services Page 4 of 4 d. Classrooms have writing instruments to include colored pencils and crayons, writing paper, drawing paper, construction paper, and graph paper as needed and required by curricula tasks and objectives. 6. Library Services a. Library services shall be provided and available to all residents. The library shall provide residents with appropriate reading materials in languages other than English for use during leisure time. b. The library shall be available for use by residents from 8 am to 8 pm daily unless otherwise speci?ed by management. c. Books may be checked out for a period of seven (7) days. 7. Student Files a. Resident (student) ?les contain the following documents, as applicable: Initial and subsequent Assessments; progress reports; requests for parent-teacher conference and follow- up notes; Special Needs Assessments; Individual Education Plans; follow?up reviews. Student ?les include the following documentation for each student: Initial and subsequent Individual Educational Assessment; Special Needs Assessment; Report Cards. b. Student ?les are securely maintained in the Education Department to ensure the privacy of the juvenile. Files are available for review at all times by staff. Should a parent schedule a conference to discuss his or her child?s academic progress, the file will made available during the conference for review. Student ?les contain the following documents, as applicable: Initial and subsequent assessments; progress reports; requests for parent?teacher conference and follow-up notes; special needs evaluations; Individual Education Plans; follow-up reviews; and requests for testing, accompanied by test results. c. Education ?les only contain information pertaining to a child?s education, any other information is prohibited. Residential ?les are con?dential. Information shall be disclosed to staff following state and federal guidelines. 8. Special Education a. Special education programs are available to meet the needs of special education students as de?ned in public law. Placement in or out of special education programs shall be in compliance with applicable law. If special needs are identi?ed, copies of the assessment will be provided to all members of the multidisciplinary special needs team for intensive oversight. b. All special needs in education are met on-site through a formal evaluation process and administered by Berks County Intermediate professional staff.