63E-7.102. Basic Youth Rights

(1) Access to DCF’s Central Abuse Hotline, Mail, Phone Calls, and an Attorney.

(a) The residential commitment program staff shall treat youth with dignity and respect, and the program shall provide, at a minimum, the following for its youth:

1. Shelter;

2. Clothing;

3. Food;

4. Healthcare;

5. Mental health and substance abuse services;

6. Educational and prevocational or vocational services

7. Opportunities for recreation and large muscle exercise;

8. Opportunities for expression of religious beliefs;

9. Visitation;

10. Access to incoming mail and opportunities to send outgoing mail;

11. Telephone access;

12. Opportunity to access the courts;

13. Trauma responsive residential environment that is physically and emotionally safe; and

14. Access to the Department of Children and Families’ central abuse hotline pursuant to chapter 39, F.S., or if the youth is 18 years or older, the department’s Central Communications Center that serves as the department’s incident reporting hotline.

(b) A residential commitment program shall address the needs of the program’s targeted gender group. Health and hygiene, the physical environment, life and social skills training, and leisure and recreational activities are key components in providing a gender specific program.

(c) A residential commitment program shall provide opportunities for youth to send and receive mail and shall facilitate correspondence that fosters the youth’s reunification with his or her family, unless specifically prohibited by court order, or where a family member is the youth’s victim, or it is determined not to be in the best interest of the youth. The program shall not allow the youth to directly correspond with his or her victim except through an apology letter whose content is approved by the program director or designee and sent to the youth’s JPO to forward to the victim only if he or she expresses a willingness to receive it.

(d) A residential commitment program shall provide opportunities for youth to receive incoming emergency telephone calls from his or her parent(s), guardian, or supportive person(s), and calls from the youth’s JPO, attorney of record and, if applicable, the dependency case manager. The program shall allow each youth to make outgoing calls to the JPO, attorney of record and, if applicable, the dependency case manager. A written procedure that fosters family reunification and community reintegration shall specify youths’ access to incoming calls from and outgoing calls to family and other persons.

(e) If a youth requests to contact an attorney of his or her choice, the facility must accommodate that request. This supervised process may be done via telephone or the internet. Communication between the youth and the contacted attorney shall be confidential, but visually supervised. Once the youth identifies an attorney willing to represent the youth, that attorney is to be given attorney of record status. The facility is not required to provide an attorney for the youth.

(2) Youth Hygiene.

(a) A residential commitment program shall establish expectations for youth to engage in personal hygiene activities to maintain a neat and clean personal appearance. At a minimum, the program shall allow time on the schedule for youth to:

1. Practice dental hygiene twice daily;

2. Bathe or shower and wash hair daily unless medically contraindicated;

3. Style or comb their hair daily;

4. Option to shave; and 

5. Clean and trim their fingernails.

(b) Residential commitment program staff shall provide hygiene instruction and assistance to youth, when necessary.

(c) A residential commitment program shall provide each youth with hygiene supplies, as well as storage space for such supplies. Individual hygiene supplies shall include such items as the following:

1. Toothbrush and toothpaste;

2. Soap;

3. Shampoo;

4. Combs or brushes, along with necessary grooming products that are necessary to maintain hair and prevent damage;

5. Shaving supplies;

6. Body lotion; and

7. Hygiene supplies.

(d) A residential commitment program shall provide clean clothing, bedding and towels that are in good condition or repair.

(3) Dress Code.

(a) A residential commitment program shall establish and enforce a dress code for youth. The dress code shall be written to:

1. Promote a neat and well-groomed appearance;

2. Foster pride in appearance;

3. Deter the transfer of attire or symbols associated with negative subcultures, such as gangs, into the program;

4. Promote safety and hygiene; and

5. Assist in differentiating youth from staff.

(b) The dress code shall require the program to provide youth with:

1. Clean, comfortable and modest attire that is in good repair, fits properly, is suitable for the climate, and does not compromise safety; and

2. At a minimum, clean underwear daily, four changes of clothes weekly, shoes, and sleeping attire.

(c) The dress code for youth shall:

1. Require youth to wear clothing as designed, such as pants or shorts pulled up and properly fastened so underwear is not revealed;

2. Prohibit attire with any messages, markings or designs that are gang-related, drug or alcohol-related, profane or vulgar;

3. Prohibit youth from going barefoot except when bathing, in their rooms resting or sleeping, during medical examination, or under other circumstances deemed warranted by program staff, such as during water related activities; and

4. Prohibit jewelry except for a medical alert bracelet, or if authorized by the program, a watch.

(d) The program shall establish an internal process to review and provide a timely response to a youth’s request for exemption from the dress code based on a religious belief. The program shall accommodate a youth’s religious belief, unless it is determined that doing so would compromise the safe and secure operation of the program.

Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441 FS. History–New5-30-19.