Definitions, Administration, Sanitation, Safety and Security, Continuity of Operations, Youth Admission, Intake, Orientation, Case Management, Youth Services, Program Monitoring and Evaluation, Research Projects
DEPARTMENT OF JUVENILE JUSTICE
Residential ServicesRULE NO: RULE TITLE
63E-3.002: Definitions
63E-3.003: Administration
63E-3.004: Sanitation
63E-3.005: Safety and Security
63E-3.006: Continuity of Operations
63E-3.007: Youth Admission
63E-3.008: Intake
63E-3.009: Orientation
63E-3.010: Case Management
63E-3.012: Youth Services
63E-3.014: Program Monitoring and Evaluation
63E-3.015: 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-3.002 Definitions.
For the purpose of this rule the following words shall have the meanings indicated.
(1) through (2) No change.
(3) Authority for Evaluation and Treatment (AET) or Authority for Evaluation and Treatment For Youth Over 18 Years of Age – The document that, when signed by a parent or guardian if the youth is under 18 years old, or younger or signed by the youth if he or she is over 18 years of age, gives the department the authority to assume responsibility for the provision of necessary and appropriate physical and mental health care to a youth in the department’s physical custody. The Authority for Evaluation and Treatment (HS 002, May 2007) and the Authority for Evaluation and Treatment For Youth Over 18 Years of Age (HS 003, May 2007) are incorporated into this rule and are accessible electronically at http://www.djj.state.fl.us/forms/health_services_forms_index. html.
(4) through (5) No change.
(6) Behavior Management System – An organized system designed to promote positive behavior through the giving or taking of rewards or privileges based on youth behavior. Behavior management within the SHO program shall be based on evidence based specific techniques that have been found to be effective with male offenders 13 years of age or older, and take into account the their level of cognitive ability, emotional maturity, and other personal characteristics.
(7) Case Management Process – Refers to the process a residential commitment program uses to assess a youth, develop goals to address the youth’s criminogenic risks and needs, review and report the youth’s progress, and plan for the youth’s transition to the community upon release. This process is implemented within the contexst of BARJ that focuses on accountability, competency development and community safety.
(8) through (14) No change.
(15) Designated Health Authority – The individual who is responsible for the provision of necessary and appropriate health care to youth in a residential commitment program. Individual Designated Health Authorities must be a physician (MD) or osteopathic physician (DO) holding who holds a clear and active license pursuant to Chapter 458 or Chapter 459, F.S., respectively, and meeting all requirements to practice independently in the State of Florida.
(16) No change.
(17) Direct-Care Staff – An employee whose primary job responsibility is to provide care, custody, and control of youth admitted committed to the facility. This definition includes those who directly supervise staff responsible for the daily care, custody, and control of youth.
(18) No change.
(19) Evidence-based Treatment and Practices – Treatment and practices, which have been independently evaluated and found to reduce the likelihood of recidivism or at least two criminogenic needs, with a juvenile offending population. The evaluation must have used sound methodology, including, but not limited to, random assignment, use of control groups, valid and reliable measures, low attrition, and appropriate analysis. Such studies shall provide evidence of statistically significant positive effects of adequate size and duration. In addition, there must be evidence that replication by different implementation teams at different sites is possible with similar positive outcomes.
(20) through (24) No change.
(25) Institutional Review Board (IRB) – The department’s IRB reviews research proposals that seek access to departmental records or youth in the department’s care, custody, or under the department’s supervision. The board reviews looks at all aspects of a research proposal and evaluates potential risks and benefits to participating juveniles and the department, as well as the researcher’s plan to diminish risks. Based on this evaluation, tThe IRB makes recommendations to the department’s Secretary or his or her designee administration who then decides whether or not the proposal is approved.
(26) No change.
(27) Jimmy Ryce Act for Violent Sexual Offenders – Residential Program Notification Checklist – The checklist sent, along with supporting documents, to the youth’s JPO to be reviewed by the Department of Children and Familyies Services to determine eligibility for civil commitment as a sexually violent predator pursuant to Sections 394.910-.932, F.S. The checklist (DJJ/BCS Form 23) dated February 2005, is incorporated by reference and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.htm.
(28) No change.
(29) Juvenile Probation Officer (JPO) – A Juvenile Probation Officer (JPO) is an employee of the department responsible for the intake of youth upon arrest and the supervision of youth on court ordered supervision in the community. The JPO serves as the primary case manager for the purpose of managing, coordinating and monitoring the services provided and sanctions required for each youth. In this rule chapter, whenever a reference is made to the objectives and duties of a JPO it shall also apply to case management staff of a provider agency contracted to perform these duties and objectives. The officer responsible for the direct supervision of a youth in the community or on post-commitment probation or conditional release.
(30) through (31) No change.
(32) Orientation – The process that commences occurs within 24 hours of the youth’s admission whereby facility staff inform the youth of the rules, expectations, services, and goals of the residential program.
(33) Performance Plan – An individualized plan developed by the treatment team and youth that stipulate measurable goals the youth must achieve prior to release from the program. Performance plan goals are based on the prioritized needs identified during assessment of the youth and may be updated as appropriate. The plan identifies the youth’s and staffs’ responsibilities and the timelines associated with completion of each goal. The performance plan also serves as the basis for the youth’s post-residential services plan since it includes the transition goals and activities identified at the transition conference conducted at least 60 days, or 90 days for youth who are sex offenders, prior to the youth’s anticipated release.
(34) through (37) No change.
(38) Program –– A contracted or state-operated residential or non-residential environment providing supervision of youth who have been identified to receive services within the community. This includes, but is not exclusively limited to, non-secure detention, home detention, Intensive Delinquency Diversion Services (IDDS) programs, conditional release programs, screening and intake units, and day treatment programs.
(38)(39) Program Director – The on-site administrator of a residential commitment program for juvenile offenders, whether state or privately operated; who is accountable for the on-site operation of the program.
(39)(40) Protective Action Response (PAR) – The department-approved verbal and physical intervention techniques and the application of mechanical restraints used in accordance with Chapter 63H-1, F.A.C.
(40)(41) Protective Action Response Certification – Certification awarded to an employee who has successfully completed PAR training as described in this rule. Only employees who are PAR certified are authorized to use PAR.
(41)(42) Qualified Researcher – As defined for this rule is any person who has been approved through the department’s Institutional Review Board (IRB) proposal process to conduct a research project with youth in the care, custody and supervision of the department.
(42)(43) Sexually Violent Predator (SVP) – As defined in Section 394.912, F.S. For purposes of this chapter of this rule, SVP eligible refers to a youth being subject to the requirements of Sections 394.910-.932, F.S.
(43)(44) Safety and Security Coordinator – The person responsible for the oversight of the facility’s safety and security program which includes, but is not limited to: facility security, fire safety and awareness, disaster preparedness, and the oversight of equipment and tool management within the facility.
(44)(45) Sick Call Care – The health care delivery system component intended to provide care in response to episodic complaints of illness or injury of a non-emergency nature.
(45)(46) Temporary Release – Any court-approved period of time during which an eligible youth is allowed to leave a residential program without the direct supervision of program staff or properly screened and trained interns or volunteers. The purpose of temporary release activities is to provide youth with opportunities to develop skill competencies and prepare for transition upon release or discharge from the program. Examples of temporary release include, but are not limited to, home visits and community employment.
(46)(47) Transfer – The movement of a youth from one residential program to another, at the same restrictiveness level, a lower restrictiveness level, or a higher restrictiveness level.
(47)(48) Transition Conference – A conference conducted at least 60 days, or 90 days for youth who are sex offenders, prior to a youth’s anticipated release at which the youth, residential staff, the youth’s JPO and/or post-residential service provider, the youth’s parent(s) or guardian(s), and other pertinent parties establish transition activities, responsibilities, and timelines necessary for the youth’s successful release and reintegration into the community.
(48)(49) Transition Planning – The process of establishing transition activities to facilitate a youth’s successful release and reintegration into the community.
(49)(50) Treatment Team – A multidisciplinary team consisting of representatives from the program’s administrative, educational, vocational, residential, medical, mental health, substance abuse, and counseling components which assesses each youth to identify his needs and risk factors, develop rehabilitative treatment goals, ensure service delivery, and assesses and reports the youth’s progress. The youth is a member of the treatment team.
(50)(51) Victim Notification of Release – Unless victim notification rights have been waived, a letter that a residential commitment program sends to the victim, or the next of kin in cases of homicide, or the parent or legal guardian in cases involving minor victims, prior to any discharge or release, including a temporary release, of a youth whose committing offense meets the criteria for victim notification pursuant to Chapter 960, F.S. This form (RS 011, dated September 2006) is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.htm.
Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New ________.
63E-3.003 Administration of the Serious or Habitual Juvenile Offender (SHO) Program.
A SHO program for youth at least 13 years of age at the time of disposition for the current offense shall include the following:
(1) A treatment modality for youth that includes evidence-based treatment and practices of changing negative or inappropriate behavior and promotes positive pro-social behavior;
(2) An Program Director on-site administrator who is accountable for the daily operation of the program. The Program Director This administrator is ultimately responsible for ongoing program planning and evaluation to ensure the integrity, safety, security, and effective operation of the program;
(3) A facility management team established by the Program Director on-site administrator that will meet at least monthly to discuss the ongoing operational issues of the program, strategize resolution of problems and ensure contract compliance;
(4) A Program Director who is responsible for ensuring that the daily operations of the program are conducted in a manner that provides a positive quality of life for the youth. Each program shall consist of at least 9 months of intensive secure residential treatment and will not exceed the maximum term of imprisonment that an adult may serve for the same offense. Conditional release assessment shall be provided in accordance with s. 985.46. The components of the program shall include, but not be limited to:
(a) Shelter;
(b) Security and Safety;
(c) Clothing;
(d) Food;
(e) Process to address youth grievances;
(f) Access to the Abuse Hotline, and/or Central Communications Center;
(g) Diagnostic evaluation services;
(h) Appropriate treatment modalities, including substance abuse intervention, mental health services, and sexual behavior dysfunction interventions and gang-related behavior interventions;
(i) Prevocational and vocational services;
(j) Job training, job placement, and employability-skills training;
(k) Case Management Services;
(l) Educational services, including special education services for youth with disabilities and pre-GED literacy;
(m) Self-sufficiency planning;
(n) Independent living skills;
(o) Parenting skills;
(p) Recreational and leisure time activities to include large muscle exercise;
(q) Community involvement opportunities commencing, where appropriate, with the direct and timely payment of restitution to the victim;
(r) Graduated reentry into the community;
(s) A diversity of forms of individual and family treatment appropriate to and consistent with the child’s needs;
(t) Consistent and clear consequences for misconduct;
(u) Opportunities for expression of religious beliefs;
(v) Family visitation;
(w) Access to incoming mail and opportunities to send outgoing mail; and
(x) Telephone access.
(5) Pre-employment screened employees (Level 2) pursuant to Chapter 435 and Section 985.644(5), F.S., and as set forth in Chapter 63H-2, F.A.C.;
(6) Orientation training in accordance with job responsibilities within the first 15 days of employment as set forth in Chapter 63H-2, F.A.C. This training, at a minimum shall include:
(a) The Department’s mission and how the program fits and interacts within the overall continuum of care;
(b) The Program’s mission, philosophy and treatment approach;
(c) The program rules and the behavior management system;
(d) Personnel policies;
(e) Job responsibilities;
(f) Confidentiality (Section 985.04, F.S.);
(g) Introduction to safety and security issues;
(h) Child abuse reporting (as defined in Chapters 39 and 827, F.S.);
(i) Central Communication Center Incident reporting; and
(j) Professional Ethics issues and employee standards of conduct, including disciplinary and legal consequences for noncompliance with departmental or facility rules.
(7) Direct-care employees who are certified in Protective Action Response (PAR) within 90 days of hire. Staff who are not PAR certified may provide direct-care supervision of youth only if directly supervised by a PAR certified staff as set forth in Chapter 63H-1, F.A.C.
Specific Authority 985.47(10), 985.64 FS. Law Implemented 985.47(10) FS. History–New ________.
63E-3.004 Sanitation.
(1) through (2) No change.
(3) Biohazardous waste shall be disposed of in accordance with OSHA Standard 29 CFR 1910.1030 (Amended 1-1-2004). Youth shall not be allowed to clean, handle, or dispose of any other person’s biohazardous material, bodily fluids or human waste.
(4) No change.
Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New ________.
63E-3.005 Safety and Security.
(1) No change.
(2) Physical security features for a SHO program shall meet the requirements the department has established for programs designated as high-risk. The required physical security features for newly constructed facilities include a security fence of at least 12 feet in height with an inside overhang or razor wire; electronic door locks with manual override on entry, exit, and passage doors; a closed circuit video taped television surveillance system with inside and outside cameras; a sally port with intercom; an electric or manual secure pedestrian gate with intercom capability; secure windows that are break-resistant or screened glass; sleeping room doors that open outward; exterior security lighting; electronic search equipment; and radio or cell phone communication devices for staff.
(3) through (4) No change.
(5) The program shall maintain strict control of flammable, poisonous, and toxic items. At a minimum, the program shall:
(a) Maintain a complete inventory of all such items used in the facility.
(b) Maintain a current list of personnel identified by position title or function, who are authorized to handle these items.
(c) Not allow youth to handle these items and restrict their access to areas where these items are being used.
(d) Dispose of hazardous items and toxic substances or chemicals in accordance with Occupational Safety and Health Administration (OSHA) standards (OSHA Standard 29 CFR 1910.1030 (Amended 1-1-2004).
(e) Maintain Material Safety Data Sheets (MSDS) on site as required by OSHA (OSHA Standard 29 CFR 1910.1030 (Amended 1-1-2004).
Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New ________.
63E-3.006 Continuity of Operations Planning.
(1) The Program Director shall oversee the development of a Continuity of Operations Plan (COOP). The intent is for each program to have a planned and comprehensive approach to effectively manage emergencies and disaster events, including those that require the program to re-locate its youth and staff while maintaining operations, safety, and security. The program’s COOP shall:
(a) through (d) No change.
(e) Indicate essential or key personnel (designated by the Program Director) who, due to their position and/or training, are responsible during an emergency or disaster for ensuring that the program remains operational and responsive to the needs of the youth, as well as continuinged to ensure the safety of youth, staff, and the public;
(f) Be compatible with or combined with the program’s COOP;
(f)(g) Be compatible with the department’s Residential Region’s Disaster Plan and its COOP.
(2) No change.
Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New ________.
63E-3.007 Youth Admission.
(1) through (2) No change.
(3) If the JPO or JPO supervisor does not provide any missing core documents upon request, a residential commitment program may elect to not admit a youth, thereby rejecting the youth. However, within two hours of a decision to reject a youth, the program shall notify the Regional Director for Residential and Correctional Facilities and the Regional Director for Probation and Community Intervention of this action. The youth continues his or her status of awaiting residential placement while the department immediately pursues acquisition or production of the missing core documents, thereby expediting the youth’s subsequent admission to the residential commitment program.
(4) A residential commitment program shall communicate internally as follows:
(a) Program staff responsible for admission are notified when a new admission is scheduled to arrive and the youth’s name, date and time of anticipated arrival, mode of transportation, medical and mental health needs, and any safety or security risks are documented in the logbook.
(b) Regardless of the youth’s condition upon admission, the designated health authority is notified of an admission with any of the following medical problems documented in the commitment packet: asthma; allergies with anaphylaxis; adrenal insufficiency; cancer or history of cancer; cardiac arrhythmias, disorders or murmurs; congenital heart disease; cystic fibrosis; developmental disability/mental retardation; diabetes; history of EpiPen use; eating disorders; head injuries that occurred within the two weeks prior to admission; hearing, speech or visual deficits; hemophilia; hepatitis; human immunodeficiency virus (HIV) or AIDS, hypo or hyperthyroidism, hypertension; inflammatory bowel disease; kidney failure (with or without dialysis); neuromuscular conditions; pregnancy or having given birth within the two weeks prior to admission; seizure disorders; sickle cell anemia; scoliosis; sickle cell trail; spina bifida; systemic lupus erythematosis; and active tuberculosis.
(c) Residential staff will note any existing documentation of mental health or substance abuse problems, needs or risk factors and report the documentation to appropriate clinical and administrative staff.
(d)(c) Information included in the commitment or transfer packet is distributed to program staff as their job functions dictate.
(5) Within 24 hours of admission, a residential commitment program shall refer to the department’s Office of General Counsel circuit legal counsel any commitment order appearing to be in conflict with Chapter 985, F.S., or legally insufficient otherwise questionable. The program shall maintain documentation of the referral.
(6) No change.
(7) Although it is the intent that deoxyribonucleic acid (DNA) samples be collected prior to a youth’s admission to a residential commitment program, if a youth who meets the DNA testing criteria per Section Chapter 943.325 F.S., is admitted to the facility without DNA testing, the program shall contact Florida Department of Law Enforcement (FDLE) to verify whether or not a DNA sample is on file for the youth. If not, the program shall collect DNA samples, using the test kit and accompanying instructions provided by FDLE, submit them to FDLE no later than 45 days prior to a youth’s release, and document these actions in the youth’s individual management record.
(8) No change.
Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New ________.
63E-3.008 Intake.
(1) No change.
(2) The following entry screenings shall be completed immediately upon a youth’s admission to a program. These screenings are used to ensure that the youth has no emergency medical, mental health, or substance abuse conditions of a nature that render admission unsafe.
(a) No change.
(b) The Mental Health Screening may be conducted by non-clinical program staff responsible for youth intake. This screening is conducted to identify mental health needs requiring attention. Either the MAYSI-2 or clinical mental health and clinical substance abuse screening must be administered upon each youth’s admission to a residential commitment. Direct care staff trained in its administration may conduct MAYSI‑2 screening. Clinical mental health screening must be conducted by a licensed mental health professional and clinical substance abuse screening must be conducted by a qualified substance abuse professional as defined in Section 397.311(25)(24), F.S., and in accordance with subsection 65D-30.003(15), F.A.C. (12-12-05), using valid and reliable screening instruments.
(c) No change.
(3) Unless a youth is being admitted into a program directly from secure detention, a correctional facility, or another program, a shower, including shampooing hair, is required.
(a) An ectoparasiticide or an ovicide may be used routinely for all new admissions if the program’s designated health authority deems it appropriate, if it is used in accordance with current guidelines, and if it is not contraindicated for medical or health reasons. In the absence of such a routine protocol approved by the designated health authority, an ectoparasiticide and an ovicide shall not be routinely used, and shall be used only if an infestation with lice or scabies is present and use is ordered by the designated health authority, is in accordance with current guidelines, and is not contraindicated.
(b) Two staff of the same gender as the youth shall supervise the newly admitted youth during this shower.
(4) No change.
(5) A residential commitment program shall inventory each youth's personal property upon admission and document the inventory by listing every item. Program staff shall immediately secure in a locked area all money, jewelry and other items of value. After all personal possessions have been inventoried and documented, the staff conducting the inventory, the youth, and a witness shall sign and date the documentation to attest to its accuracy. The program shall:
(a) through (c) No change.
(d) Send inventoried property to the youth’s home, have the youth’s parents or legal guardians retrieve the youth’s property or store such property until the youth’s release from the program.
(6) through (7) No change.
(8) Based on a review of all documentation and interactions with the youth, the Program Director or designee shall make an initial classification of the youth for purposes of room or living area assignment within the program. To determine the offender’s risk of escape, the program shall use, at a minimum, the Predisposition Report and face sheet in the Juvenile Justice Information System (JJIS) to secure information about the youth’s past history of escapes and escape attempts. Assignment to a group or staff advisor shall also be based on this initial classification. If the program has an orientation unit that houses newly admitted youth, a copy of the classification form shall be sent to the orientation unit. Factors to consider, for the safety and security of youth and staff, when classifying the youth shall include, but are not limited to:
(a) Sex;
(b) Age;
(c) Size;
(d) Emotional maturity;
(e) Gang affiliation;
(f) Medical or mental health problems;
(g) History of violence;
(h) Sexual aggression;
(i) Predatory behavior;
(j) Risk of escape and risk to the public; and
(k) Skill levels.
(9) No change.
(10) The program shall ensure that a current photograph and critical information are obtained and easily accessible for use in verifying the youth’s identity as needed during his stay in the program. The program shall ensure that a current photograph of each youth is maintained in the individual management record and the individual healthcare record. A photograph shall be made available to law enforcement or other criminal justice agencies to assist in apprehending the youth in the event of escape. The program may store this critical information electronically, however, a hard copy of the information on each youth shall be maintained in an administrative file that is easily accessible and mobile in the event of an emergency situation that results in the program having to relocate quickly or in the event the information is needed when the computer is inoperative. The critical information shall include, but not be limited to, the following:
(a) Youth’s full name, Social Security number, and DJJ ID number;
(b) through (n) No change.
(11) No change.
Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New ________.
63E-3.009 Orientation.
(1) Youth admitted to the SHO program shall commence receive orientation to the program within 24 hours of admission.
(2) Orientation to the program shall include the following:
(a) through (g) No change.
(h) Program’s youth grievance procedures. A residential commitment program shall establish written procedures specifying the process for youth to grieve actions of program staff and conditions or circumstances in the program related to the violation or denial of basic rights. These procedures shall establish each youth’s right to grieve and ensure that all youth are treated fairly, respectfully, without discrimination, and that their rights are protected. The procedures shall address each of the following phases of the youth grievance process, specifying timeframes that promote timely feedback to youth and rectification of situations or conditions when grievances are determined to be valid or justified. A programs grievance process shall have the following components:
1. Informal phase wherein the youth attempts to resolve the complaint or condition with staff on duty at the time of the grieved situation;
2. Formal phase wherein the youth submits a written grievance that requires a written response from a supervisory staff person; and
3. Appeal phase wherein the youth may appeal the outcome of the formal phase to the program director or designee.
4. Program staff shall be trained on the program’s youth grievance process and procedures.
5. Program staff shall explain the grievance process to youth during their program orientation and shall post the written procedures throughout the facility for easy access by youth.
6. Youth shall be given free access to grievance forms and accompanying instructions and program staff shall assist a youth in filing a grievance if needed.
7. The program shall maintain documentation on each youth grievance and its outcome for at least one year. The one-year period begins when the youth submits a written grievance that requires a written response from a supervisory staff person.
(i) through (l) No change.
Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New ________.
63E-3.010 Case Management.
(1) through (8) No change.
(9) Performance summaries shall be completed every 90 days beginning 90 days from the signing of the youth’s performance plan, unless the committing court requests monthly performance summaries, in which case the performance summary shall be completed every 30 days beginning 30 days following completion of the performance plan. Areas that shall be addressed in the performance summary include, but are not limited to:
(a) through (c) No change.
(d) The youth’s overall behavior adjustment; for youth receiving mental health or substance abuse services, their progress shall be addressed in a manner that complies with the confidentiality requirements set forth in state and federal statute Section 985.04, F.S.;
(e) Significant incidents (positive or negative); and
(f) The justification for a request for release, discharge or transfer, if applicable.
(10) The staff member who prepared the summary, the treatment team leader, the Program Director or designee, and the youth shall review, sign and date the Performance Summary. Program staff shall give the youth the opportunity to add comments to the Performance Summary prior to signing it. Within 10 working days the program shall distribute the performance summary to the:
(a) Committing court,
(b) Youth’s JPO,
(c) The youth;
(d)(c) Parents or guardians; and
(e)(d) Other pertinent parties.
(11) If the Performance Summary is the notification of the program’s intent to release or discharge a youth, the residential program shall send the original of the release or discharge summary, together with the Pre-Release Notification and Acknowledgement form, to the youth’s JPO (rather than directly to the court). The program shall place the original performance summaries and copies of the youth’s release or discharge summary and the Pre-release Notification form in the youth’s individual management record.
(12) Transition Planning. The program shall begin planning for the youth’s transition back to the community upon admission to the program. It is critical that all parties involved with the youth communicate with each other on a regular basis to ensure information is transferred in a timely manner, and job tasks related to the youth’s transition are assigned and completed within the designated timeframes.
(a) The residential commitment program is responsible for the timely notification of a youth’s release from the program to the youth’s JPO, the youth, and other pertinent parties. Pre-Release Notification and Acknowledgement Notification of Release form shall be sent to the youth’s JPO at least 45 days prior to the youth’s targeted transition date (90 days prior for sex offenders). No section of this form can be left blank and all arrangements made for the youth must be clearly stated on this form.
(b) through (d) No change.
(13) No change.
Specific Authority 985.47(10), 985.64 FS. Law Implemented 985.47(10) FS. History–New ________.
63E-3.012 Youth Services.
(1) through (3) No change.
(4) Participation in the educational program is mandatory for students of compulsory school-attendance age, as defined in Section. 1003.21, F.S. For programs operated by private providers, the school district may provide educational services directly or may contract with a private provider to deliver its own educational program. Youth identified with disabilities, as defined by IDEA, will have an Individualized Education Plan developed and implemented according to the individual needs of the youth.
(5) The educational program at the SHO program shall establish an educational and prevocational training component appropriate for all youth and consistent with the Sunshine State Educational Standards (Section 1003.41, F.S. and Rule 6A-1.09401, F.A.C.). juvenile justice education standards. that includes:
(a) Basic Achievement Skills Inventory (BASI) or other common assessment tools identified by the Florida Department of Education;
(b) Performance plan goals (student outcomes) focused on post-placement needs. Based on the student assessment and identification of youth’s needs, performance goals (educational, prevocational training outcomes) must be developed in conjunction with the youth. Performance goals must target educational and prevocational services that will assist the youth in acquiring the skills most needed to increase success upon release from the residential program to the community;
(c) Educational and vocational curricula that are approved by the local school district, reviewed and revised at least annually and as needed based on skill acquisition demonstrated by youth in pre-testing and post-testing.
(d) Educational staff that are qualified, competent and trained in the residential program’s philosophy, treatment approach(es), behavior management system, and other treatment components of the program, as well as program safety and security procedures. They shall be trained specifically on how to work effectively with the program’s population. Staff shall also be trained in how to integrate support services with instruction and funding procedures for accessing resources. Educational staff shall receive in-service training in areas including but not limited to instructional delivery, understanding youth behavior and learning styles, and processes and procedures commonly used in juvenile justice educational programs.
(e) The testing and provision of special education services to youth requiring these services.
(6) through (7) No change.
(8) Programs allowing youth to participate in water related activities shall have a water safety plan, which is to be reviewed and approved annually by the program monitor.which at a minimum, shall address the following:
(a) Age and maturity of the youth who will participate;
(b) Identification of swimmers and non-swimmers;
(c) Special needs youth;
(d) Type of water in which the activity is taking place (pool or open water);
(e) Water conditions (clarity, turbulence, etc.) ;
(f) Bottom conditions;
(g) Lifeguard-to-youth ratio and positioning of lifeguards; and
(h) Equipment needed for the activity.
(9) No change.
(10) The Program Director shall ensure access to and the provision of necessary and appropriate physical health care services to all youth committed to the program. The health care delivery system shall include the following components:
(a) through (i) No change.
(11) The SHO program shall have a Designated Health Authority defined as the physician (MD or DO licensed pursuant to Chapter 458 or 459, F.S.) who shall be a state employee or contract physician with the appropriate training and knowledge to be accountable for ensuring the delivery of administrative, managerial and medical oversight of the facility’s healthcare system by agreement, employment, contract or other arrangement, provides and/or supervises other medical professionals or paraprofessionals in the provision of health care within the facility.
(12) The Program Director shall ensure access to and provision of mental health services to all youth committed to the program. The mental health care delivery system shall include the following components:
(a) through (f) No change.
(g) A Designated Mental Health Authority will be accountable to the Program Director for ensuring that mental health services are appropriately provided in the SHO. This person shall be a licensed mental health professional (psychiatrist licensed pursuant to Chapter 458 or 459, F.S., psychologist licensed under Chapter 490, F.S., mental health counselor, clinical social worker or marriage and family therapist licensed under Chapter 491, F.S., or a psychiatric nurse as defined in Section 394.455(23), F.S.). A licensed mental health professional shall provide directly supervise clinical- oversight to unlicensed mental health staff.
Specific Authority 985.47(10), 985.64 FS. Law Implemented 985.47(10) FS. History–New ________.
63E-3.014 Program Monitoring and Evaluation.
(1) No change.
(2) Security Audit. The DJJ region’s security monitor shall conduct an audit of the programs safety and security measures at least annually. The program shall develop a corrective action plan as instructed by the regional security monitor to address any non-compliance issues identified in the security audit report. If the region security monitor performs a Pre-Operational and Post-Operational Review or Quality Assurance program audit, that may be substituted as the annual security audit.
(3) through (4) No change.
(5) Pursuant to Section 985.632. F.S., the department shall conduct quality assurance reviews of residential commitment programs. Standards and indicators used for this purpose shall be based on provisions of this rule chapter. In some cases where federal funds are involved, audits may be conducted according to federal requirements. Other reviews or audits may be required per contract or departmental policy or as determined necessary by the department. For example, a Program Administrative Review may be conducted in a program by designated regional staff when DJJ headquarters determines a more detailed review of an incident is required. Also, an investigation may be conducted by the DJJ Inspector General’s staff when determined necessary. In addition, there may be inspections or reviews required locally, for example, by the county.
(6) The program shall cooperate with any review or investigation coordinated or conducted by the department’s Office of the Inspector General pursuant to Section 20.055, F.S. Based on the findings of a quality assurance review, the program shall develop and implement an outcome-based corrective action plan.
Specific Authority 985.47(8), (11), 985.64 FS. Law Implemented 985.47(8), (11) FS. History–New ________.
63E-3.015 Research Projects.
(1) For purposes of this section, research is defined as a systematic investigation designed for the gathering and analysis of information to develop or contribute to generalized knowledge. Research proposals from researchers within the department and from other institutions are subject to the department’s Institutional Review Board (IRB) Process and must be approved in writing by the DJJ Secretary or designee prior to its implementation, including contact with youth or access to youth records for the purposes of such research. Proposals or requests that are not subject to the department’s IRB process include: All research project requests must follow be submitted to the department’s Institutional Review Board Research Proposal Review Process, prior to any contact with youth. The Institutional Review Board Research Proposal Review Process is the evaluating body procedure the department utilizes to accept or deny research projects submitted to the department for consideration. The membership of the Institutional Review Board process consist of employees from all branches and units in the department who review proposed research designs to be conducted at DJJ sites. The IRB is chaired by staff from the department’s Bureau of Research and Data.
(a) Requests from state and federal government agencies for existing data and information collected by the department for program management and evaluation purposes if they are to be used for the same purposes by the requesting agencies and a data sharing agreement exists between the aforementioned entities;
(b) Research and evaluation deemed necessary by the department for program management and reporting and conducted by the department’s unit specifically designated to conduct research and evaluation activities;
(c) Data collection and data analysis conducted by any department unit for purposes of program management and reporting on their daily operations;
(2) The recommendation of the IRB for approval of a research proposal shall be based on: No research project involving contact with youth or access to confidential information is authorized without the department’s IRB and the Secretary’s permission. Prior to any research project involving youth in the department’s custody, the research project’s lead researcher shall obtain permission from the youth and the youth’s parents or legal guardian.
(a) The likelihood that the research will not cause harm to the subjects;
(b) The requester’s plan to seek informed assent from each perspective participant and consent from his or her legally authorized representative and to provide supporting documentation of acquired assent and consent;
(c) The requester’s plan to take adequate precautions to protect the privacy and confidentiality of subjects and their information;
(d) The support from the residential commitment programs to serve as research sites;
(e) A determination that the associated workload for departmental staff will not interfere with their capacity to perform regularly assigned job functions; and
(f) The potential of the research to provide the department and other juvenile justice stakeholders with information that can be used to improve services to youth or otherwise reduce juvenile delinquency.
(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. 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. Any violation or deviation from IRB requirements, approved research protocol, or human subjects may result in termination of departmental approval. The principal investigator of any research project shall meet the department’s definition of a qualified researcher as defined by this rule.
(4) The principal investigator shall submit a copy of the final report published on the authorized research project to the department for review at least 90 days prior to its submission for publication.
(5) A residential commitment program shall not permit commencement of any research project in or associated with the program without an IRB letter of approval signed by the department’s Secretary or designee.
Specific Authority 985.47(11), 985.64 FS. Law Implemented 985.47(11) FS. History–New ________.
