63G-2.022. Behavior Management and Disciplinary Treatment  


Effective on Sunday, August 9, 2015
  • 1(1) Principles – The use of an established behavior management system promotes safety, respect, fairness and protection of rights within the facility.

    23(2) Behavior Management:

    26(a) The behavioral norms and expectations shall be explained to all youths during the admission process, during orientation, and will be posted in all living areas and shall clearly specify what are appropriate and inappropriate behaviors.

    62(b) Each facility shall implement a behavior management system that includes:

    731. Fair and consistent consequences,

    782. A three level system for rewarding positive behavior,

    873. A process for youth to move up or down the level system; and,

    1014. An internal procedure for the tracking of youth on the behavior management system.

    115(c) Group punishment shall not be used as a part of the facility’s behavior management plan. However, corrective action taken with a group of youths is appropriate when the behavior of a group jeopardizes safety or security. This should not be confused with group punishment.

    160(d) Corporal punishment shall not be used on any youth. All allegations of corporal punishment of any youth by facility staff shall be reported to the Florida Child Abuse Hotline and the CCC.

    193(e) The use of drugs to control the behavior of youths is prohibited. This does not preclude the proper administration of medication as prescribed by a licensed physician.

    221(f) At no time shall a youth be allowed to exercise control over or provide discipline or care of any type to another youth.

    245(3) Mechanical Restraints:

    248(a) Mechanical restraints may be used as a method of controlling youth who present a threat to safety and security within the facility. The shift supervisor shall be notified of the need for or application of mechanical restraints as identified in the Protective Action Response Training Curriculum.

    295(b) Whenever mechanical restraints are used, a report shall be completed and submitted for review. The only exception to this requirement is when mechanical restraints are used to transport youths outside the secure area of the facility.

    332(c) Mechanical restraints shall be used when transporting youths outside the secure area of the facility.

    348(d) Mechanical restraints shall not be used as a means of discipline.

    360(4) Confinement:

    362(a) Confinement may not be used to harass, embarrass, demean or otherwise abuse a youth. The use of confinement shall be monitored by the Superintendent or designee.

    389(b) 390The time limit for placement of a youth in confinement is no more than eight hours unless the superintendent or his or her designee grants an extension because release of the youth would imminently threaten his or her safety or the safety of others.

    434(c) Youth shall be advised of their right to grieve a confinement placement.

    447(d) The Superintendent or designee shall notify the Regional Director daily of all open confinements.

    462(e) The Regional Director or designee must review and grant any confinement extended beyond 24 hours; and, if granted, must notify the Assistant Secretary or designee.

    488(f) An incident report, including a confinement report, shall be submitted as soon as possible, but no later than one hour of the youth’s confinement to the JJDOS by the JJDO making the confinement placement.

    523(g) A confinement report shall be reviewed by the JJDOS as soon as possible, but no later than two hours of the youth’s confinement. The review shall include documentation of the allegations and the youth’s opportunity to grieve (appeal) the confinement placement. The JJDOS shall evaluate and document the youth’s status, at a minimum, every three hours to determine if the continued confinement of the youth is required.

    591(h) No youth shall be held in confinement beyond 72 hours without a confinement hearing. The Regional Director, with approval from the Assistant Secretary for Detention Services, shall designate an employee of the Department who holds a management or supervisory position to conduct the hearing. Notification of the need for a confinement hearing must be made to the Regional Director and the Assisstant Secretary.

    655(i) The Superintendent or designee shall review the report within forty-eight hours of the end of the confinement, excluding weekends and holidays.

    677(5) Grievances:

    679(a) Youths may submit a written grievance if they feel their rights have been violated or they have been treated unfairly.

    700(b) The JJDOS will review the grievance by the end of the shift with action taken within twenty-four hours.

    719(c) The youth may appeal the outcome of the grievance to the Superintendent or designee.

    734(d) Any grievance involving physical safety will be brought to the attention of the Superintendent, or designee, for immediate resolution and may be called in to the CCC if reporting requirements are met.

    767(e) Grievances do not replace the responsibility of reporting abuse. If the grievance is an allegation of abuse, it must be reported to the Florida Child Abuse Hotline and the CCC, and shall be handled pursuant to such guidelines.

    806Rulemaking Authority 808985.601(9)(b) FS. 810Law Implemented 812985.601(9)(b)8. FS. 814History–New 8-9-15.

     

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