DEPARTMENT OF JUVENILE JUSTICE
Residential ServicesRULE NO: RULE TITLE
63E-7.012: Transfer, Release and Discharge
63E-7.014: Staff Training
63E-7.015: Research ProjectsNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33, No. 33, August 17, 2007 issue of the Florida Administrative Weekly.
63E-7.012 Transfer, Release and Discharge.
(1) No change.
(2) Release.
(a) When planning for the release of any youth who is clearly not subject to involuntary commitment as a Sexually Violent Predator (SVP), a residential commitment program shall comply with the following provisions.
1. through 3. No change.
4. Prior to a youth’s release, the program shall comply with the following departure procedures:
a. Arrange transportation as necessary; and
b. Conduct a property inventory of the youth’s personal possessions in the presence of the youth, documenting the inventory and verifying its accuracy with signatures of the staff conducting the inventory, the youth, and a witness. The program shall reconcile any differences between the intake and release inventories. However, no release inventory is required if there is documentation that the program sent the youth’s personal possessions home at the time of admission or intake.
(b) No change.
(c) In addition to complying with the provisions of paragraph (2)(a) or (2)(b) of this section of this rule chapter, when planning for the release of any sex offender whose is identified on his or her commitment packet as being subject to registration requirements pursuant to offense is specified in Section 943.0435, F.S., and who is subject to registration requirements pursuant to Section 985.481, F.S., a residential commitment program shall:
1. Ttake a digitizedal photograph of the youth within 60 days prior to release. Prior to the youth’s release, the program shall and download the image into JJIS or provide the digitized photograph it to the youth’s JPO for inclusion in the youth’s file.; and
2. Explain the registration requirements to the youth prior to release and obtain a signed statement wherein the youth acknowledges that he or she understands the requirement to register at the sheriff’s office when he returns to his county of residence.
(3) through (5) No change.
Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441(1)(b) FS. History– New________.
63E-7.014 Staff Training.
(1) A residential commitment program shall ensure that the provision and documentation of pre-service or certification training and in-service training for direct care staff, including documentation of training, is consistent with Chapters 63H-2 and 63H-1, F.A.C.
(2) A residential commitment program shall ensure that each non-direct care staff receives pre-service and in-service training commensurate with his or her assigned job duties, including PAR training when required pursuant to Chapter 63H-1, F.A.C. Additionally, the program shall include the following topics in pre-service training for non-direct care staff having direct contact with youth as part of their assigned job duties:
(a) Orientation to include the program’s mission, philosophy and treatment approach, incident reporting, child abuse reporting, and confidentiality pursuant to Section 985.04, F.S;
(b) Professionalism and ethics;
(c) Unique needs and treatment issues of the program’s targeted population;
(d) Restorative justice principles and their application in the program;
(e) Program-specific safety and security procedures, including the program’s COOP and Disaster Plan; and
(f) Implementation of the program’s behavior management system.
(3) In order to specify the minimum required training and any additional training that the program deems necessary, a residential commitment program shall develop and implement a written annual training plan that addresses training for non-direct care staff. This plan, which specifies training topics, projected training dates, and targeted participants by staff types or classes, shall be consistent with training requirements pursuant to Chapter 985, F.S., this rule chapter, Chapter 63H-1, F.A.C., and any additional staff training specified in a provider’s contract with the department.
(4) A residential commitment program shall document training for each non-direct care staff consistent with the documentation requirements specified in Chapter 63H-2, F.A.C., for direct care staff.
(5) A residential commitment program shall ensure that any other service provider regularly on-site in the program receives orientation and training commensurate with his or her assigned role and function. This training shall include professionalism and ethics, safety and security, abuse and incident reporting, confidentiality pursuant to Section 985.04, F.S., and other topics as deemed necessary by the program.
Specific Authority 985.64, 985.601(3)(a), 985.601(8), 20.316 FS. Law Implemented 985.601(3)(a), 985.601(8) FS. History–New _________.
63E-7.015 Research Projects.
(1) through (2) No change.
(3) The principal investigator, meaning the person who requested the IRB to review the research proposal and who is conducting and/or directing the research project, shall ensure any department approved research project is implemented as approved by the department.
(a) The principal investigator shall secure authorization from the IRB prior to implementing any changes in the approved research design and methodology. Additionally, the principal investigator shall report any anticipated and unanticipated problems and changes involving risk to subjects and others to the IRB director for review.
(b) The DJJ Secretary or designee may suspend or terminate department approval if there is unapproved deviation from the approved research protocol and stated terms and conditions of approval and shall notify the principle investigator of the suspension or termination in writing.
1. Within 30 days of receipt of the written notification, the principle investigator may appeal the suspension or termination in writing to the DJJ Secretary or designee.
2. Within 30 days of receipt of an appeal, the Secretary or designee shall notify the principle investigator in writing of the appeal decision. Any violation or deviation from IRB requirements, approved research protocol, or human subjects may result in termination of departmental approval.
(4) through (5) No change.
Specific Authority 985.04, 985.64, 20.316 FS. Law Implemented 985.04 FS. History–New________.
