63G-2.020. Admissions, Orientation and Releases

(1) The admission process shall address the following:

(a) Review of required paperwork from law enforcement and screening staff prior to initiating the admission process.

1. No youth presented to be securely detained shall be accepted for detention if in need of emergency medical care, require mental health crisis intervention or are under the influence of, or withdrawing from, any intoxicant.

2. If a youth in crisis is mistakenly accepted for admission into secure detention, the JJDOS shall make the necessary arrangements for the youth to see the facility’s medical or mental health staff or shall ensure the youth is transported to a hospital emergency room or Baker Act facility.

(b) Inactive files shall be reviewed, if available, to obtain useful information.

(c) The youth shall be electronically searched, frisk searched and strip searched.

(d) All body piercings on youths shall be removed at admission. The medical staff will follow-up with the youth to assess the need for treatment of any related infections.

(e) The youth shall be allowed to place a telephone call to the parent or guardian at the facility’s expense or the youth’s refusal to make a call shall be documented. The youth shall not be allowed to telephone the victim(s) unless it is a relative who is the victim of the domestic violence and the admission officer verifies that the victim is willing to talk with the youth.

(f) If the admission process is completed two hours or more before the serving of the next scheduled meal, the youth shall be offered something to eat.

(g) The youth shall be screened to identify medical, mental health, and substance abuse needs. Any indication requiring services shall be documented, and appropriate referrals and services provided. Information obtained during the screening that could affect the youth’s status (example: admission of sexual assault on others) shall also be transmitted to the shift supervisor and the youth’s Juvenile Probation Officer (JPO) for further investigation. The detention facility shall use an alert system within JJIS to identify a youth with special needs. Current prescription medications shall be documented in the JJIS alert system. Staff shall provide the required level of supervision to those youths that appear in the alert system to ensure their special needs are met.

(h) Classification of Youths. The Superintendent shall establish a classification system that promotes safety and security, as well as effective delivery of treatment services, based on determination of each youth’s individual needs and risk factors that addresses, at a minimum, the following:

1. Physical characteristics, including sex, height, weight, and general physical stature,

2. Age and maturity level,

3. Identified special needs, including mental, developmental or intellectual, and physical disabilities,

4. History of violence,

5. Gang or human trafficking affiliations,

6. Criminal behavior,

7. Sexual aggression or vulnerability to victimization; and,

8. Identified or suspected risk factors, such as medical, suicide, and escape or security risks. Any youth classified as a suicide risk shall be placed on Suicide Precaution.

(i) Lesbian, gay, bisexual, transgender, or intersex youth shall not be placed in particular housing, bed, or other assignments solely on the basis of such identification or status. Placement shall be considered on a case-by-case basis whether the placement will ensure the youth’s health and safety, and whether the placement would present management or security problems.

(j) A photograph of the youth shall be taken and maintained in the youth’s file and uploaded into JJIS.

(2) Property:

(a) The Superintendent shall ensure that a drop safe for the initial storage of youths’ valuables shall be under video surveillance.

(b) The Superintendent shall ensure that all locations for the storage of youth property are secure.

(c) The Superintendent shall ensure that staff will not receive or have personal use of any youth’s property or money, unclaimed or otherwise.

(d) The Superintendent or designee shall notify the CCC and file an incident report when a youth’s personal property valued $50.00 or more is alleged to have been stolen or any U.S. currency belonging to a youth is alleged to be be lost or stolen.

(e) In the presence of each detained youth, the admission officer shall inventory all personal property in the youth’s possession and record each item surrendered to the admission officer into JJIS.

(f) All money and personal items of value shall be verified and secured in a clear tamper-proof property bag. The description of these items on a property receipt form shall include that the item described is “in the safe.”

(g) Information on the clear tamper-proof property bag shall include, at a minimum, the date, the youth’s name, the youth’s JJIS identification number, a listing of the items in the bag, the youth’s signature, and the signature of the person who placed the items in the property bag and sealed it.

(h) In the event a youth refuses to sign a property receipt form, the officer performing the admission shall notify a supervisor and that JJDOS shall document the youth’s refusal on the form.

(i) After the youth has signed a property receipt form and the clear tamper-proof property bag, the bag shall be placed in the drop safe. This action shall be recorded in the drop safe bound logbook to include the date, time, youth’s name, youth’s JJIS identification number, printed name of the officer who secured the property and the officer’s initials.

(j) The admission officer shall have the youth sign a letter of acknowledgement in which the youth acknowledges that unclaimed personal property is deemed abandoned and subject to disposal. Unclaimed personal property is property in the possession of the facility for more than thirty (30) days after the legal guardian has been notified to either retrieve, or make arrangements to retrieve, the property. This notification is sent to the legal guardian if the property is not taken by the youth at the time of his or her release, or is not retrieved by the legal guardian within seven calendar days of the youth being committed to high or maximum risk.

(k) Other personal property, including the youth’s clothing, shall be placed in an assigned locker/bag as documented on a property receipt form. This form is then placed in the youth’s active file.

(l) Upon the youth’s release from detention and retrieval of personal property, the releasing officer, the youth, and the youth’s legal guardian shall review and sign the property receipt form and account for all of the youth’s personal property.

(m) In the event a youth and/or the youth’s legal guardian refuses to sign a property receipt form, the releasing officer shall notify the JJDOS who shall document the refusal on the form.

(n) A copy of a signed property receipt form, which acknowledges the return of youth’s personal property, shall be placed in the youth’s file.

(3) Orientation:

(a) The admission officer shall orient each youth by clearly communicating to the youth the rules of the center and expectations of behavior. Orientation shall include, at a minimum, the following:

1. Facility rules and regulations,

2. Grievance procedures,

3. Visitation,

4. Telephone calls,

5. Available medical, mental health and substance abuse services and how to access them,

6. How to access the Florida Child Abuse Hotline,

7. Expectations for behavior and related consequences,

8. Possible new law violations for destruction of property; and,

9. Youths rights.

10. PREA-related information.

a. During intake, all youth will be provided with information on the agency’s zero-tolerance policy regarding sexual misconduct, including how to report incidents or suspicions of sexual misconduct.

b. Special accommodations shall be made to ensure all written information about sexual misconduct policies, including how to report sexual misconduct, is conveyed verbally to youth with limited reading skills, youth who are limited English proficient, or who are visually impaired, deaf, or otherwise disabled.

c. Within ten days of intake, the facility staff shall provide comprehensive education to youth (either in-person or via video) regarding their rights to be free from sexual misconduct, their rights to be free from retaliation for reporting such misconduct, and the agency’s sexual misconduct response policies and procedures. Refresher information will be readily available to all youth at all facilities. The facility will retain documentation of youth participation in said education in the youth’s file.

d. Information regarding the Department’s policy on zero-tolerance of sexual misconduct will be posted and visible to all youth at all facilities at a minimum via posters and brochures.

e. Youth shall have access to Department approved outside victim advocates, for emotional support services related to sexual misconduct. The facility shall post, provide, or otherwise make accessible mailing address and telephone numbers (including hotline numbers) of local, state, or national victim advocacy or rape crisis organizations. Communications with such organizations shall be available in as confidential a manner as possible.

(b) Orientation shall occur within twenty-four hours of a youth being admitted into the facility and documented accordingly.

(4) Living Area/Room Assignments:

(a) Youths shall be assigned to a room based on classification.

(b) Youths shall be reclassfied if changes in behavior or status are observed.

(c) Youths with a history of committing sexual offenses, or of being a victim of a sexual offense, shall not be placed in a room with any other youth.

(d) Youths with a history of violent behavior shall be assigned to rooms where it is least likely that they will be able to jeopardize safety or security.

(5) Transfers:

(a) Youths may be transferred into a detention center from either another detention center or from a residential commitment program. If a youth is scheduled to be at a detention center for less than eight hours, the youth shall not be entered into the general population and no admission paperwork shall be required. Only the following admission process is necessary for these youth:

1. The youth shall be screened to determine if there are any mental health, substance abuse, or physical health needs, and referrals and services will be provided as necessary.

2. The youth shall be electronically searched, frisk searched, and strip searched. All personal property shall be searched, inventoried and securely stored.

(b) Transfer youth that will be in the detention for more than eight hours will go through the full admission process.

(6) Releases:

(a) All releases must be court ordered with the exception of death, escape or expiration of the detention time period as noted on the court order.

(b) The following documents are required:

1. Court order, or

2. In the absence of a written court order, documentation (by an officer of the Court or a Juvenile Probation Officer) of a Verbal Order in open court shall be used to confirm the release.

3. Prior to the youth’s release, the JPO shall provide documentation as to whom the youth is to be released. In the absence of this documentation, the Superintendent or designee shall determine if the person to whom the youth may be released is a parent, guardian or responsible adult.

(c) Each facility must have procedures in place that address youth release.

1. To ensure accuracy, the on-duty shift supervisor shall review all paperwork related to a release prior to the youth’s release from secure detention.

2. The shift supervisor is responsible for ensuring there are no “holds,” court orders, or other legal reasons not to release the youth.

3. The releasing officer shall verify the identification of the youth.

4. The person to whom the youth is to be released shall present photo identification, which shall be photocopied and placed in the youth’s file.

5. Upon the youth’s release from detention and retrieval of personal property, the releasing officer, the youth, and the youth’s legal guardian shall review and sign a property receipt form and account for all of the youth’s personal property.

6. Prescription drugs shall be given to the person to whom the youth is being released, with an appropriately signed receipt. The signed receipt shall be placed in the youth’s Individual Health Care Record (IHCR).

7. Both the youth and the person taking custody shall be advised of the following:

a. Any future court dates,

b. Any other issues related to the youth’s health or welfare including needs related to medical care, mental health or substance abuse, including pending appointments.

8. The required parties shall sign all applicable release forms.

9. The releasing officer shall complete all release paperwork including the input of required data into the JJIS within one hour of release.

(d) Each facility must have procedures in place to address the negligent release of a youth.

(e) Should a parent/legal guardian refuse to take custody of a youth being released from detention, creating a lockout situation, the local agreement protocols between the Department and the Department of Children and Families (DCF) shall be enacted. The youth’s Juvenile Probation Officer and the Detention Regional Director shall be notified immediately.

Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9)(a) History–New 8-9-15.