Amendments to the rule chapter governing training of direct care staff are necessary to accommodate county operation of detention centers.

DEPARTMENT OF JUVENILE JUSTICE
Staff Training

Rule No.: RULE TITLE
63H-2.001: Purpose and Scope
63H-2.002: Definitions
63H-2.0075: County Operated Detention Staff
63H-2.008: Instructor Qualifications
PURPOSE AND EFFECT: Amendments to the rule chapter governing training of direct care staff are necessary to accommodate county operation of detention centers.
SUMMARY: References to state operated and contracted facilities and programs are amended to accommodate county operation of detention centers. A rule section is added to govern training of county operated detention center staff.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 20.316(1), 985.601(8) FS.
LAW IMPLEMENTED: 985.601(8) 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:
DATE AND TIME: Monday, December 13, 2010, 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:

63H-2.001 Purpose and Scope.

(1) This rule establishes a statewide framework for the department to implement procedures governing the certification, pre-service, and in-service training of direct care staff. The provisions of this rule are applicable to all direct care staff, as defined in this rule, within all state and contracted department programs, facilities, and probation units, and county operated detention centers.

(2) The need exists to establish training requirements in order to: (1) ensure that all direct care staff are performing at a minimum standardized level of competency; (2) maintain a safe and secure environment for staff and youth; (3) enhance treatment program effectiveness; and (4) provide greater protection to the public through an improved level of services to youth.

Rulemaking Specific Authority 20.316(1), 985.601(8) FS. Law Implemented 985.02(3)(c), 985.601(8) FS. History–New 6-11-07, Amended__________.

 

63H-2.002 Definitions.

(1) Academy – A department approved training site where Phase II certification training occurs.

(2) Administrator – One whose primary responsibility is overseeing the daily operations of a facility, program or judicial circuit.

(3) Certification – A process indicating that an individual has fulfilled a minimum standard level of competency in a profession and authorizes the individual to practice in the profession.

(4) Certified Staff – Direct care staff in facilities/units who have completed the certification requirements set forth in Rules 63H-2.005, 63H-2.006 and 63H-2.007, F.A.C.

(5) Daily Observation Report (DOR) – The document used to formally evaluate and provide feedback on the newly hired staff’s performance and knowledge to ensure the staff has achieved or exceeded satisfactory performance.

(6) Department – Florida Department of Juvenile Justice.

(7) Detention Staff – State or contracted direct care staff assigned to work at a detention facility.

(8) Direct Care Staff – Having direct contact with youth for the purpose of providing care, supervision, custody, or control in a detention facility, probation unit, day treatment program or commitment program within any restrictiveness level, operated by the department or by a provider under contract with the department.

(9) Field Training Officer (FTO) – Refers to an employee who has successfully completed the Field Training Officer course.

(10) In-Service Training – The on-going training that employees are required to receive in all but the first year of their employment. Such training must be documented and relevant to the employee’s job responsibilities as set out in this rule.

(11) ITW – The 80-hour Instructor Techniques Workshop.

(12) Non-Residential Staff – State or contracted direct care staff assigned to work in a non-residential environment, including probation and day treatment programs.

(13) On the job training – Training on specific skills based on pre-service/Phase I topics that is conducted by an FTO and/or administrative staff.

(14) Protective Action Response (PAR) – The department-approved verbal and physical intervention techniques and the application of mechanical restraints used in accordance with the PAR Rule (Chapter 63H-1, F.A.C.), the PAR Escalation Matrix, and PAR training curricula.

(15) PAR Certification – This applies to an employee who has successfully completed PAR training as described in Chapter 63H-1, F.A.C. Only employees who are PAR trained are authorized to use PAR. The status attained upon successful completion of PAR training pursuant to Chapter 63H-1, F.A.C.

(16) Phase I Training – The initial portion of the certification training process, applicable to state direct care staff, which that is conducted at the workplace.

(17) Phase II Training – A part of the certification training process, applicable to state direct care staff, which that is conducted at an academy.

(18) Pre-Service Training – The initial training for newly hired contracted or county operated direct care staff that is conducted after hire but before they become direct care staff.

(19) Residential Staff – State or contracted direct care staff assigned to work at a residential facility.

(20) Returning Staff – These are trained/certified staff who have separated from employment and are re-hired into the same position type.

(21) Staff Development and Training – The branch of the department responsible for the creation, implementation, and maintenance of training and evaluation materials.

Rulemaking Specific Authority 20.316(1), 985.601(8) FS. Law Implemented 985.02(3)(c), 985.601(8) FS. History–New 6-11-07, Amended_________.

 

63H-2.0075 County Operated Detention.

(1) Pre-service training requirements are as follows:

(a) Staff must complete all training within 180 days of being hired. However, pursuant to subsection 63H-1.016(1), F.A.C., PAR training must be completed within 90 days of the employee’s date of hire or, for existing staff, within 90 days of assignment to a county-operated detention center.

(b) Staff must complete a minimum of 120 hours of pre-service training (computer-based and/or instructor-led) to include the following:

1. PAR training as required by Rule Chapter 63H-1, F.A.C.;

2. CPR/First Aid;

3. Professionalism and ethics, including standards of conduct;

4. Suicide prevention;

5. Emergency procedures;

6. Mission/Program philosophy/ Program culture;

7. Adolescent behavior specific to the population served;

8. Confidentiality/HIPAA requirements;

9. Infection control/Blood borne pathogens;

10. Gang awareness;

11. Safety, security, and supervision, including incident reporting;

12. Human Diversity;

13. Behavior management;

14. DJJ: The organization;

15. Mental health and substance abuse services;

16. Sexual harassment;

17. Communication skills;

18. Child abuse reporting.

(c) All county operated detention facilities/programs will submit, in writing, a list of all pre-service training to Staff Development and Training that includes course names, descriptions, objectives, and training, hours for any training based on the above topics.

(d) Staff must complete all of the on the job training associated with the above topics.

(2) County operated detention employees are authorized to be in the presence of youth prior to the completion of the training requirements outlined above. However, the following essential skills training must be completed first:

(a) PAR trained;

(b) CPR/First Aid certified;

(c) Professionalism and ethics, including standards of conduct;

(d) Suicide prevention;

(e) Emergency procedures.

(f) Child abuse reporting.

(3) Upon request by a county operated detention administrator, the Director of Staff Development and Training will grant a 90-day extension to the 180-day time frame for completing training requirements. The extension may only be based on the following:

(a) Death of an immediate family member;

(b) Serious chronic condition, illness or injury;

(c) Immediate family crisis;

(d) Court appearance;

(e) Military duty;

(f) Family medical leave;

(g) Other emergency circumstances.

(4) Testing requirements for pre-service training are as follows:

(a) PAR testing and evaluation requirements as outlined in Chapter 63H-1, F.A.C.

(b) Successful completion of all written and practical requirements for CPR/First Aid training.

(c) A passing score on any other applicable courses based on subparagraph 63H-2.0075(1)(b)1.-18., F.A.C.

(5) County operated detention staff must complete 24 hours of annual in-service training beginning the calendar year after the staff has completed pre-service training.

(6) The following are mandatory training topics that must be completed each year:

(a) PAR update (Chapter 63H-1, F.A.C.);

(b) CPR;

(c) First aid, unless the specific certification is good for more than one year, in which case training is only necessary as required by certification;

(d) Professionalism and ethics;

(e) Suicide prevention.

(7) All county operated detention facilities/programs will submit to Staff Development and Training a written list of in-service training that includes course names, descriptions, objectives, and training hours for any instructor-led in-service training other than the above topics.

(8) As part of the 24 hours of in-service training required for direct-care staff, supervisory staff shall complete 8 hours of training in the areas of management, leadership, personal accountability, employee relations, communication skills or fiscal training each year.

(9) Returning staff who return less than one year from separation shall complete the following:

(a) PAR update consisting of a minimum of 8 hours training (Chapter 63H-1, F.A.C.)

(b) CPR/First Aid certification (if not current).

(c) Overview of facility/program operating procedures.

(10) Returning staff who return more than one year from separation shall complete all requirements set forth in Rule 63H-2.0075, F.A.C., as they are no longer considered trained.

(11) County operated detention staff who cross over from non-residential to residential shall complete all training requirements set forth in Rule 63H-2.0075, F.A.C.

(12) Procedures for documentation of training are as follows:

(a) Administrators will ensure that a training file is maintained for each direct care staff, and that they meet all requirements.

(b) Completion of all training requirements shall be documented on the Department’s computer-based tracking system or a county operated tracking system.

(c) Facilities and programs shall develop an annual in-service training calendar which must be updated as changes occur.

Rulemaking Authority 20.316(1), 985.601(8) FS. Law Implemented 985.601(8) FS. History–New_________.

 

63H-2.008 Instructor Qualifications.

(1) Only certified PAR instructors (see Chapter 63H-1.014, F.A.C. for PAR instructor requirements) shall conduct PAR training.

(2) Only certified CPR/First aid/AED instructors shall conduct CPR/First aid/AED training.

(3) All instructors must have successfully completed the Criminal Justice Standards and Training Commission Instructor Techniques 80 hour Instructor Techniques Workshop course, however, the following exceptions apply:

(a) FTOs and administrative staff who provide administrative, orientation, and/or Phase One training, with the exception of PAR, are not required to be ITW certified.

(b) Any instructor who is not ITW certified, must submit for approval a completed Instructor Exemption form to the Director Assistant Secretary of Staff Development and Training through their respective facility/program administrator. The Instructor Exemption form (ADSD-20, effective 12/15/2006) is incorporated by reference, and is available through Staff Development and Training, 2737 Centerview Dr., Tallahassee, FL 32399.

Rulemaking Specific Authority 20.316(1), 985.601(8) FS. Law Implemented 985.02(3)(c), 985.601(8) FS. History–New 6-11-07, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael McCaffrey, Director of Staff Development and Training
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Frank Peterman, Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 8, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 22, 2010