The rule chapter establishes requirements for the provision of transition services for youth who have been residentially committed to the Department.

 

DEPARTMENT OF JUVENILE JUSTICE
Transition

RULE NOS.:RULE TITLES:
63T-1.001Purpose and Scope
63T-1.002Definitions
63T-1.003Community Supervision
63T-1.004Residential Commitment Program
63T-1.005Community Re-Entry Team
PURPOSE AND EFFECT: The rule chapter establishes requirements for the provision of transition services for youth who have been residentially committed to the Department.
SUMMARY: The rule chapter provides common definitions, and details the responsibilities of Juvenile Probation Officers, the residential commitment program, and the community re-entry team in providing for the youth's transition from residential commitment to supervision in the community.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Two requirements of the new rule chapter are new to rule, and carry costs: (1) The calendar that must be included in each youth's exit portfolio (63T-1.004(1)(a)2) will carry an estimated system-wide cost of $6250 over a year (2500 releases/calendars with 15 minutes for each preparation at $10 per hour); and (2) The requirement that each youth receive at least a 7-day supply of his or her medication upon release (63T-1.004(2)) is estimated to cost $45,000 over a year (900 secure beds with approximately 50% having pescribed medications at an estimated average cost of $100 for a 7-day supply).
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 985.64 FS.
LAW IMPLEMENTED: 985.46, 985.433(7)(c), 985.435 985.601(3)(a) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, March 27, 2013, 10:00 a.m.
PLACE: DJJ Headquarters, 2737 Centerview Drive, General Counsel's Conference Room 3223, Tallahassee, Florida. For information about participation by telephone, contact John Milla at [phone].
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Milla, 2737 Centerview Dr., Ste. 3200, Tallahassee, FL 32399-3100, e-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

63T-1.001 Purpose and Scope.

This rule establishes the requirements for the provision of transition services for youth who have been residentially committed to the department.

Rulemaking Authority 985.64 FS.  Law Implemented 985.433(7)(c), 985.435, 985.46, 985.601(3)(a) FS.  History—New__________.

 

63T-1.002 Definitions.

For the purpose of this rule chapter, the following words shall have the meaning indicated.

(1) Case Management Process – Refers to the process a residential commitment program uses to assess a youth, develop goals to address the youth’s prioritized needs, review and report the youth’s progress, and plan for the youth’s transition to the community upon release.

(2) Community ReEntry Team - A team established in each judicial circuit in partnership with a school district transition contact to identify community resources for youth returning from residential commitment. The Community ReEntry Team should include representation from the department, case managers responsible for continuity of programming for youth exiting commitment programs, representatives of other agencies involved with a youth, community law enforcement, educational entities, the One Stop Center and individuals specific to each youth served by the committee.

(3) Conditional release (CR) – Assessment and intervention services provided to youth who are released from residential commitment programs. Under the legal status of conditional release, the youth remains on commitment status and is subject to transfer back to a residential commitment program if noncompliant.

(4) Discharge – The release of a youth from a residential commitment program who is no longer under the jurisdiction of the court. This is frequently called Direct Discharge.

(5) Exit Conference – A conference that a residential commitment program conducts at least 14 days prior to a youth’s targeted release date, wherein the youth, residential program staff, the youth’s Juvenile Probation Officer, post-residential services case manager, if different than the Juvenile Probation Officer, the youth’s parent or guardian, and other pertinent parties, review the status of the youth’s transitional activities and finalize plans for the youth’s release and re-entry into the community.

(6) Exit Portfolio – A compilation of documents assembled by the residential program to assist the youth after release.

(7) Intervention – An action taken or facilitated by the Juvenile Probation Officer (JPO) to promote the reduction of a criminogenic need, and may include direct contact with youth, collateral contacts, referrals for services, monitoring progress, and following up with youth and family.

(8) Intervention and Treatment Team – A multidisciplinary team in a residential facility responsible for implementing the case management process that focuses on planning for and ensuring delivery of coordinated delinquency intervention and treatment services to meet the youth’s prioritized needs. The team is comprised of the youth, representatives from the program’s administration and residential living unit, and others responsible for delinquency intervention and treatment services for the youth. Refer to the definition of case management process included in this rule section.

(9) Juvenile Justice Information System (JJIS) – The department’s electronic information system used to gather and store information on youth having contact with the department.

(10) Juvenile Probation Officer (JPO) – Serves as the primary case manager for the purpose of managing, coordinating and monitoring the services provided, court requirements and sanctions required for youth on probation, post-commitment probation, in commitment, or on conditional release supervision. In this chapter, whenever a reference is made to the tasks and duties of a JPO, it shall also apply to case management staff of a provider agency contracted to perform these duties and tasks.

(11) Official Youth Case Record – A case record, comprised of the individual management record and the individual healthcare record, that a residential commitment program maintains on each youth.

(12) One Stop Center – Part of a national labor exchange network that links employers to qualified applicants and also provides employment, education and training services for job seekers and employers.

(13) Post-commitment probation (PCP) – Assessment and intervention services provided to youth who are released from residential commitment programs. Under the legal status of post-commitment probation, the youth is legally transferred from commitment status to probation status, and is subject to court-ordered sanctions.

(14) Post-residential Services Case Manager – The person supervising the youth’s post-commitment probation or conditional release after the youth’s release or discharge from a residential commitment program.

(15) Pre-Release Notification and Acknowledgement – A three-part form initiated by a residential  commitment program to give prior notification to the JPO of a youth’s planned release, then allows for the JPO to add additional information pertinent to the release, and finally allows for the court’s approval of the release. The Pre-Release Notification and Acknowledgement form (RS 008, September 2006) is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/partners/forms-library/-in-Subjects/Subjects/residential-rule.

(16) Release – Refers to when a youth re-enters his or her home community after successfully completing and exiting a residential commitment program.

(17) Transition Conference – A conference, conducted at least 60 days prior to a youth’s anticipated release from a residential commitment program, wherein the youth, residential program staff, the youth’s JPO and/or post-residential services case manager, and the youth’s parent or guardian establish transition activities, with accompanying responsibilities and timelines, to facilitate the youth’s successful release and reintegration into the community.

(18) Transition Liaison – An identified JPO in each judicial circuit who functions as the transition specialist within their local area and work as liaisons with the ReEntry Teams and residential commitment programs.

(19) Transition Planning – The process of establishing transition activities to facilitate a youth’s successful release from a residential commitment program and reintegration into the community.

Rulemaking Authority 985.64 FS.  Law Implemented 985.433(7)(c), 985.435, 985.46, 985.601(3)(a) FS.  History—New__________.

 

63T-1.003 Community Supervision.

(1) Pre-Commitment. At disposition, the Juvenile Probation Officer (JPO) will address the future suitability of post-placement supervision for all youth for at least 90 days following their release from a residential commitment program.  Post-placement supervision may be in the form of post commitment probation ordered by the court at disposition, or while the child remains on committed status after conditional release from the residential program. Additionally, information must be gathered by the JPO during the commitment staffing and through a review of collateral documentation that identify challenges to the youth’s successful transition.  The JPO must provide this information to the intervention and treatment team during the first 60 days of placement. 

(2) Case management of youth in residential commitment.  The JPO from the youth’s home community plays an important role in the successful completion of a youth’s residential stay.  All youth, whether released to PCP, Conditional Release or direct discharged shall receive the benefit of the same release planning process. The JPO must:

(a) Participate in intervention and treatment team meetings unless written authorization is obtained in advance from their supervisor.  If the JPO does not participate in person, telephonically, or if available, through web-based video phone, they shall follow-up within 72 hours of the meeting with the program and youth to confirm progress and identify actions that need to be initiated in the youth’s home community by the JPO.

(b) Make at least one phone call per month during the youth’s placement to the youth’s parent or guardian unless a youth 18 years of age or older has requested in writing that his or her parent not be contacted. Each call will be documented in JJIS case notes. These phone calls must be transition focused and used to identify any unaddressed family needs that may inhibit successful transition.

(3) Transition.  Youth’s success is dependent upon the intervention and treatment team, which includes key individuals invested in the youth’s success, developing a transition plan for each youth that identifies all required actions for community re-integration. The JPO, or designee must participate in person, telephonically, or if available, through web-based video phone in the transition conference held in accordance with 63T-1.004(1)(a), FAC. Through this participation the JPO shall identify returning youth with unmet treatment and service needs or other barriers to release.  The JPO shall refer these identified cases to the Transition Liaison to determine if the case shall be presented to the Community ReEntry Team. The JPO shall ensure that:

(a) Living arrangements have been identified for the youth;

(b) Transportation arrangements from the program to their home community have been made;

(c) Outstanding service needs and interventions are identified.  These needs may be for things such as mental health or substance abuse treatment as well as educational and vocational training services, mentoring, employment assistance, child care, or Medicaid eligibility;

(d)  A case summary is presented to the Community ReEntry Team if appropriate;

(e)  Contact information for the youths Department of Children and Families case worker (DCF) or other agency staff working with the youth is obtained if appropriate; and

(e) The information on the Pre Release Notification (PRN) provided by the program is correct and that it gets forwarded timely to the court of jurisdiction. 

(4) Exit.  Finalization of the action steps required in the transition plan is completed at the Exit Conference.  The JPO, or designee must participate in person, telephonically, or if available, through web-based video phone in the exit conference held in accordance with paragraph 63T-1.004(1)(b), F.A.C.  At this conference the JPO confirms that they have:

(a) Verified the youth’s living arrangements;

(b) Confirmed transportation arrangements; and

(c) Confirmed addresses and appointment times for community based treatment and services as well as educational or vocational services.  This information shall be provided for placement in the youths exit portfolio.

Rulemaking Authority 985.64 FS.  Law Implemented 985.433(7)(c), 985.435, 985.46, 985.601(3)(a) FS.  History—New__________.

 

63T-1.004 Residential Commitment Program.       

(1) Transition Planning. When developing each youth’s performance plan and throughout its implementation during the youth’s stay, a residential commitment program shall ensure that the intervention and treatment team is planning for the youth’s successful transition to the community upon release from the program. The intervention and treatment team shall intensify its transition planning as the youth nears his or her targeted release date as follows:

(a) Transition Conference. In a program with a length of stay over 90 days, the intervention and treatment team shall conduct a transition conference at least 60 days prior to the youth’s targeted release date or 90 days for sex offenders.  In any program with a length of stay of 90 days or less, the exit conference, addressed in paragraph 63T-1.004(1)(b), F.A.C., shall suffice to address all necessary pre-release transition activities.

1. The program director or designee, the intervention and treatment team leader, and the youth shall attend the transition conference. Although the program shall encourage other intervention and treatment team members to attend, those not attending shall provide written input to the team leader prior to the conference. If the youth’s teacher is not an active intervention and treatment team member, the team leader shall invite the teacher to participate in the transition conference; however, if the teacher chooses not to attend, the team leader shall obtain the teacher’s input prior to the conference. Additionally, the program shall invite the youth’s JPO, post-residential services case manager, if different than the JPO, the youth’s parent or guardian, the waiver support coordinator if the youth is an identified client of Agency for Persons with Disability (APD), a Division of Vocational Rehabilitation representative if the youth has a disability as evidenced on his or her Individual Education Plan (IEP), and if applicable, the DCF worker. The program shall encourage invitees’ participation through advanced notifications and reasonable accommodations. However, when arrangements cannot be made for their participation in the transition conference, the intervention and treatment team leader shall request their input and offer an opportunity for them to provide it prior to the conference.

2. During the transition conference, participants shall review transition activities on both the youth’s performance plan and treatment discharge plan, revise them if necessary, and identify additional activities needed when planning for the youth’s transition to the community.   An exit portfolio shall be initiated for the youth at this conference.  Included in this portfolio will be a state issued Identification card, a calendar with addresses and times for follow-up appointments in the community, and for youth over 15 years of age, a Social Security card, resume and a completed sample job application.  Target completion dates and persons responsible for their completion shall be identified during the conference.  The intervention and treatment team leader shall obtain conference attendees’ dated signatures, representing their acknowledgement of the transition activities and accountability for their completion pursuant to the youth’s performance plan.

3. In follow-up to the conference, if anyone not in attendance is identified as having responsibility for completing a transition activity, the intervention and treatment team leader shall send him or her a copy of the plan and request its return with a dated signature. In this case, an original signature is not necessary. Electronic transmittal of the plan to the youth’s JPO and, if applicable, the DCF counselor is acceptable. If transmitted electronically, a return email acknowledging receipt and review suffices and shall be printed and filed with the youth’s plan.

(b) Exit Conference. Prior to a youth’s release, the program shall conduct an exit conference to review the status of the transition activities established at the transition conference and finalize plans for the youth’s return to the community.  Completion of the youths exit portfolio will be verified at this conference placing confirmed times and locations of appointments on the calendar.  The recommendations of the Community ReEntry team, if available, shall be considered at this time.  The exit conference shall be conducted after the program has notified the JPO of the release, but not less than 14 days prior to the youth’s targeted release date.

1. The program shall arrange and prepare for the exit conference in accordance with the requirements for the transition conference stipulated in paragraph 63T-1.004(1)(a), F.A.C.

2. The program shall document the exit conference in the official youth case record, including the date of the conference, attendees’ signatures, names of persons participating via telephone or video conferencing, and a brief summary of the follow-up transition activities still pending. The program shall track and ensure completion of any pending actions necessary to expedite the youth’s release and successful transition.

(2) Transitional Healthcare Planning. Consistent with transition planning required in Rule 63T-1.004(1), F.A.C., the program shall facilitate healthcare transitional planning and the exchange of information to maintain continuity of care for a youth who is released from a program. At least a 7 day supply of the youth’s medication shall be provided to the youth and parents or guardians at the time of release from the program.  The medication must be in an individually labeled, youth-specific, prescription container generated by a pharmacy vendor.  Prescription medications shall not be released solely to minor youth.  A 30 day paper prescription from the facility DHA, designee, PA, or ARNP for any non-narcotic medications that the youth will continue after release will be provided to the youth’s parent or guardian or directly to the youth if over 18 years of age.

(3) Coordination of Services for DJJ Youth Also Served by more than one agency.  In an effort to coordinate services for youth jointly served by the department and other agencies, a residential commitment program shall provide information requested by the DCF worker, APD representative, or the youth’s JPO on behalf of these agency representatives, and shall, upon request, make reasonable accommodations for them to visit the youth.  The program shall invite these representatives from other agencies to the youth’s transition and exit conferences in accordance with paragraphs 63T-1.001(1)(a), and 63T-7.001(1)(b), F.A.C., and, if necessary, make reasonable accommodations for telephone or video access to participate in the conference.  Additionally, the program shall notify these representatives 30 days prior to a youth’s release or, in the event that the program does not have 30 days’ notice of the youth’s release, the program shall notify them immediately upon becoming aware of the release date.

Rulemaking Authority 985.64 FS.  Law Implemented 985.433(7)(c), 985.435, 985.46, 985.601(3)(a) FS.  History—New__________.

 

63T-1.005 Community ReEntry Team.

(1) A community based team shall be established in each judicial circuit to review cases identified for staffing. 

(2) Cases presented to the Team shall be scheduled by a Transition Liaison to assist with: 

(a) Identifying the appropriate school placement;   

(b) Ensuring youth has a place to live;

(c) coordinating community-based treatment;          

(d) Assisting with transportation arrangements; and      

(e) Receive updates on previously reviewed cases when additional recommendations are needed to help ensure a youths successful transition.

(3) The Transition Liaison must ensure that all team recommendations are communicated to the youths assigned JPO.

Rulemaking Authority 985.64 FS.  Law Implemented 985.433(7)(c), 985.435, 985.46, 985.601(3)(a) FS.  History—New__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Joan Wimmer, Director of Education, Department of Juvenile Justice

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Wansley Walters, Secretary, Department of Juvenile Justice

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 25, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 30, 2013