63E-7.013: Safety and Security
63E-7.016: Program Administration
PURPOSE AND EFFECT: The rule establishes the requirements for the administration and operation of state operated and contracted residential commitment programs for juvenile offenders.
SUMMARY: The rule sections address safety and security in the physical plant, in daily operations, and in crisis situations. In addition to physical security features, key control, escape prevention and control of contraband, the rule addresses facility staffing and supervision, offender classification, controlled observation, transportation, mail and visitation, and other aspects of a safe and secure facility environment. The rule also addresses program administration, including required reporting, the keeping of logbooks, records management, audit and review, and staff evaluation.
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: 985.64, 985.601(3)(a), 985.441(1)(b), 985.03(44) FS.
LAW IMPLEMENTED: 985.601(3)(a), 985.441(1)(b) 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: Friday, January 4, 2008, 10:00 a.m.
PLACE: DJJ Headquarters, 2737 Centerview Drive, General Counsels Conference Room 3223, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lydia Monroe, 2737 Centerview Dr., Ste. 3200, Tallahassee, FL 32399-3100, e-mail: lydia.monroe@djj.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
63E-7.013 Safety and Security.
(1) Physical Security Features. A residential commitment program shall provide physical security features as required pursuant to Chapter 985, F.S., the providers contract with the department, if applicable, and the following provisions based on the restrictiveness level of the program:
(a) Although a low-risk program is not required to be physically secure, authorized features include delay-open door alarms, window alarms, electronic search devices, video surveillance equipment, radio or cellular phone communication devices for staff, and exterior lighting.
(b) A moderate-risk program shall be environmentally secure, staff secure, or hardware-secure with walls, fencing, or locking doors.Additionally, the following security features are authorized, but not required, for a moderate-risk program:
1. Security fencing with an inside overhang or razor wire;
2. Door locks on entry, exit, and passage doors, with a manual override capability if locks are electronic;
3. Secure windows of break-resistant or screened glass;
4. Delay open door and window alarms;
5. Camera surveillance system;
6. Secure sally port;
7. Secure pedestrian gate;
8. Exterior security lighting;
9. Electronic search equipment; and
10. Radio or cellular phone communication devices for staff.
(c) A high-risk program shall provide security features that include a minimum of 12-feet high perimeter fencing, with an inside overhang or razor wire; door locks on entry, exit and passage doors, with a manual override capability if locks are electric; secure windows of break-resistant or screened glass; and exterior security lighting. A high-risk program shall also provide radio or cellular phone communication devices for staff.Additionally, the following security features are authorized, but not required, for a high-risk program:
1. Camera surveillance system;
2. Secure sally port;
3. Secure pedestrian gate; and
4. Electronic search equipment.
(d) A maximum-risk program shall provide the following security features:
1. Perimeter security fencing of at least 12 feet in height, with an inside overhang or razor wire;
2. Door locks on entry, exit, and passage doors, with a manual override capability if locks are electronic;
3. Camera surveillance system, with inside and outside cameras and taping capability;
4. Sally port with intercom capability;
5. Secure pedestrian gate with intercom capability;
6. Secure windows that are break-resistant or screened glass;
7. Sleeping room doors that open out;
8. Exterior security lighting;
9. Electronic search equipment; and
10. Radio or cellular phone communication devices for staff.
(2) Staffing Ratios. Any low-risk residential commitment program of more than five beds, and any moderate-risk, high-risk, and maximum-risk restrictiveness level program shall provide awake staff supervision 24 hours per day.
(a) Establishment of staff-to-youth ratios for each contracted or state-operated program shall be based on the following factors:
1. Restrictiveness level of the program;
2. Special needs of the targeted population; and
3. Facility layout or physical plant design.
(b) Staff-to-youth ratios in a privately operated residential commitment program shall be provided as specified in the providers contract with the department and shall be monitored for compliance by the residential monitor designated by the department.
(c) Staff-to-youth ratios in a state-operated program shall be specified in the departments monitoring plan for the program and shall be monitored for compliance by the residential monitor designated by the department.
(3) Supervision of Youth. All residential commitment program staff shall promote safety and security by maintaining active supervision of youth to include interacting positively with youth, engaging youth in a full schedule of constructive activities, closely observing behavior of youth and changes in behavior, and consistently applying the programs behavior management system.
(a) Program staff shall account for the whereabouts of youth under their supervision at all times.
1. Each program shall ensure that staff conduct and document resident counts minimally at the beginning of each shift, after each outdoor activity, and during any emergency situation, escape incident or riot.
2. Each program shall track daily census information to include, at a minimum, the total daily census count, new admissions, releases or direct discharges, transfers, and youth temporarily away from the program.
3. If, at any time, program staff cannot account for any youths whereabouts or they find discrepancies between resident counts and the tracking of daily census information, the program shall reconcile immediately and take follow-up action as needed.
(b) A residential commitment program shall ensure that staff observe youth at least every ten minutes while they are in their sleeping quarters, either during sleep time or at other times, such as during an illness or room restriction. Staff shall conduct the observations in a manner to ensure the safety and security of each youth and shall document real time observations manually or electronically.
(4) Procedures. A residential commitment program shall develop and implement written facility operating procedures or protocols addressing safety and security.
(5) Safe and Secure Facility. A residential commitment program shall maintain a safe and secure physical plant, grounds and perimeter and shall:
(a) Conduct weekly security audits and safety inspections;
(b) Develop and implement corrective actions warranted as a result of safety and security deficiencies found during any internal or external review, audit, or inspection; and
(c) Verify that deficiencies are corrected as follows and existing systems are improved or new systems are instituted as needed to maintain compliance.
1. Immediate initiation of corrective actions necessary to eliminate any imminent threat to life and safety or any impending security breach; and
2. Initiation of other corrective actions needed within at least 30 days;
(6) Audio or Video Recordings. A residential commitment program that has any on-site video or audio system with recording capability shall maintain at least a 90-day history of recordings unless the equipment does not have the capacity to maintain a 90-day history, in which case the program shall maintain the recordings at least 30 days or longer if within the equipments capacity.
(7) Classification of Youth. A residential commitment program shall establish a classification system that promotes safety and security, as well as effective delivery of treatment services, based on determination of each youths individual needs and risk factors, that addresses, at a minimum, the following:
(a) Classification factors to minimally include the following:
1. Physical characteristics, including sex, height, weight, and general physical stature;
2. Age and maturity level;
3. Identified special needs, including mental, developmental or intellectual, and physical disabilities;
4. Seriousness of the current offense, including whether or not the offense was against person or property;
5. Prior delinquent history and background, including gang affiliation, if applicable;
6. Current or past involvement in assaultive or aggressive behavior, sexual misconduct, or demonstration of emotional disturbance; and
7. Identified or suspected risk factors, such as medical, suicide, and escape risks;
(b) Initial classification of each newly admitted youth for the purpose of assigning him or her to a living unit, sleeping room, and youth group or staff advisor;
(c) Reassessment of a youths needs and risk factors and reclassification, if warranted, prior to considering:
1. An increase in the youths privileges or freedom of movement;
2. The youths participation in work projects or other activities that involve tools or instruments that may be used as potential weapons or means of escape; and
3. The youths participation in any off-campus activity; and
(d) A continually updated, internal alert system that is easily accessible to program staff and keeps them alerted about youth who are security or safety risks, including escape risks, suicide or other mental health risks, medical risks, sexual predator risks, and other assaultive or violent behavior risks. The program shall design and implement this system to reduce risks by alerting program staff when there is a need for specific follow-up or precautionary measures or more vigilant or increased levels of observation or supervision, and by assisting staff when making treatment, safety and security decisions.Although a direct care, supervisory, or clinical staff may place a youth on alert status if he or she meets the criteria for inclusion in the programs alert system, only the following may recommend downgrading or discontinuing a youths alert status:
1. A licensed mental health professional or mental health clinical staff person for suicide risks or other mental health alerts;
2. A medical staff person for medical alerts upon verification that the health condition or situation no longer exists; or
3. The program director, assistant program director, or on-site supervisor for security alerts.
(8) Gang Prevention and Intervention. A residential commitment program shall implement gang prevention and intervention strategies and shall assess each newly admitted youth to determine if he or she is a criminal street gang member or is affiliated with any criminal street gang. For the purpose of this rule chapter, the definitions of criminal street gang and criminal street gang member are consistent with definitions in Chapter 874, F.S. The program shall share pertinent gang-related information, as appropriate, with the Florida Department of Law Enforcement, local law enforcement, Department of Corrections, school districts, the judiciary, and social service agencies, as well as with a youths JPO and, if identified, his or her post-residential services counselor.
(9) Key Control. A residential commitment program shall establish a key control system that, at a minimum, addresses the following:
(a) Key assignment and usage, including restrictions on usage;
(b) Inventory and tracking of keys;
(c) Secure storage of keys not in use;
(d) Procedures addressing missing or lost keys; and
(e) Reporting and replacement of damaged keys.
(10) Contraband. A residential commitment program shall delineate items and materials considered contraband when found in the possession of youth. The program shall provide youth with the list of contraband items and materials and inform the youth of the consequences if found with contraband. The program shall establish a system to prevent the introduction of contraband and identify contraband items and materials through searches of the physical plant, facility grounds, and its youth.
(a) Before program staff conduct any strip search of a youth and, at a minimum, before staff conduct a youths initial frisk search, staff shall prepare the youth by explaining the purpose of the search and what it entails, while assuring the youth of his or her safety. Throughout the search, staff shall avoid using unnecessary force and shall treat the youth with dignity and respect to minimize the youths stress and embarrassment.
(b) Staff conducting a frisk search, which is conducted through the youths clothing, shall be of the same sex as the youth being searched. A frisk search shall be conducted when a youth returns from a supervised activity away from the program, after a youth participates in vocational or work program involving the use of tools or other implements that could be used as weapons or as a means of escape, and when otherwise authorized by the program director or his or her designee for the purposes of controlling contraband or ensuring safety and security.
(c) A strip search, a visual check of a youth without clothing, shall be conducted in a private area with two staff members present, both of the same sex as the youth being searched.As an alternative when two staff of the same sex are not available, one staff of the same sex as the youth may conduct the search while a staff of the opposite sex is positioned to observe the staff person conducting the search, but cannot view the youth.
1. Low-risk. A program at this restrictiveness level may conduct a strip search of a youth only when authorized by the program director.
2. Moderate-risk, High-risk, and Maximum-risk Programs. A program at any of these restrictiveness levels shall conduct a strip search of every youth upon admission, except when a youth is admitted from secure detention, in which case a strip search is authorized rather than required. The program shall also conduct a strip search of any youth returning from a home visit. When authorized by the program director, the program may conduct a strip search when a youth is returning from an off-campus activity, following a youths involvement in visitation activities, or in response to a serious security breach.
(d) A cavity search that involves the examination of the youths body cavities, with the exception of visual inspection of ears, nose and mouth, may only be conducted by trained medical personnel in an emergency room setting when authorized by the program director because it is strongly suspected that a youth has concealed contraband in a body cavity.
(e) With the exception of privileged mail to or from a youths attorney of record, JPO, clergy, or a state or federally authorized advocate or advocacy group representative, the program shall search youths incoming and outgoing mail, including correspondence and packages, for contraband and for any information that may threaten the security or safety of the program, including escape plans or gang-related information. During the search of incoming or outgoing mail, the youth receiving or sending the mail shall be present or, if the program conducts mail searches at a central location, a youth representative shall be present to witness the process.
(f) The program shall confiscate any contraband item or material from a youth, documenting the reason for the confiscation and the manner of disposition. The program shall include a copy of the documentation in the youths individual management record.If a confiscated item is not illegal, the program director or his or her designee has the discretion to discard the item, return it to its original owner, mail it to the youths home, or return it to the youth upon his or her release from the program. In all instances involving the confiscation of contraband that is illegal, the program shall submit the item to local law enforcement and file a criminal report.
(11) Visitation. A residential commitment program shall provide for visitation of youth and, at a minimum, shall address the following:
(a) Program security and the safety of youth, staff and visitors;
(b) Designated visitation schedule that is provided to each youths parents or legal guardian and is readily available to other authorized visitors, as well as reasonable accommodations in response to a parents or legal guardians request for alternate visitation arrangements;
(c) Designated visitation areas and staff supervision during visitation;
(d) Identification of authorized visitors, including the youths parents or legal guardian, the youths spouse, the youths attorney of record, the youths JPO, clergy, and others at the discretion of the program director or his or her designee, excepting any co-defendant in the youths current offense, anyone prohibited by court order to have contact with the youth, anyone the youth is unwilling to receive as a visitor, or anyone whose presence or behavior during a prior visitation posed a safety or security threat;
(e) Verification of the identity of visitors by requiring a form of picture identification except in the case of children or siblings of the youth who are accompanied by a parent or legal guardian and authorized by the program director or his or her designee;
(f) Documentation of all visitation to include:
1. The visitors signature, the date, and the times of entry and exit;
2. The name of any visitor denied entry and the date, time, and reason for denial;
(g) Measures to prevent the introduction of contraband into the program to include:
1. Written notification to visitors before their entry into the facility that their person and any packages may be subject to search and that possession of illegal contraband could be subject to legal action;
2. Mandatory electronic search of visitors entering high-risk and maximum-risk programs and optional electronic search of visitors entering low-risk and moderate-risk programs;
3. Frisk search of a visitor by a staff person of the same sex when probable cause exists to warrant the search;
4. Search of packages or other items for youth conducted in the presence of the visitor;
5. Prohibition of visitors bringing their personal possessions into the facility unless the program director or his or her designee makes an exception for a visitor needing a documented prescription medication or an adaptive device due to a disability;
6. Frisk search or, if authorized by the program director or his or her designee, strip search of a youth by staff prior to the youths exit from the visitation area; and
7. Search of the visitation area by staff after all visits are concluded; and
(h) Termination of the visit if the youth or visitor violates the program rules, is loud or disorderly or visibly angry or upset, engages or attempts to engage in sexual contact or activity, is physically aggressive, or otherwise poses an unsafe situation.
(12) Tool Management. A residential commitment program shall provide a minimum ratio of one staff for every five youth (1:5) during activities involving the use of tools, except in the case of a disciplinary work project involving tools that requires a 1:3 ratio. However, when a program is designed to focus on vocational training, a providers contract with the department or, in the case of a state-operated program, the departments monitoring plan may specify other staff-to-youth ratios when youth are using tools for vocational training purposes. Each residential commitment program shall institute a tool management system to prevent youth from using equipment and tools as weapons or means of escape. At a minimum, tool management shall address:
(a) Procedures for issuing tools to youth and staff, including an assessment to determine a youths risk to the public, staff, other youth and self if allowed to participate in a project or activity involving the use of tools;
(b) A frisk search and, at the programs discretion, an electronic search of any youth at the completion of each work project or activity that involves the use of tools;
(c) Tool markings or identifiers that facilitate issuance of tools and timely identification of missing tools;
(d) Tool inventories as follows:
1. Tools shall be inventoried prior to being issued for work and at the conclusion of the work activity. Staff shall report any discrepancy to the program director or his or her designee for immediate follow-up action.
2. Any tool that, in its manufactured form or due to subsequent modifications, has sharp edges or points and has a high potential to be used as a weapon to inflict serious bodily harm, shall be inventoried daily, except on days when they are not used.
3. Any tool that, in its manufactured form or due to subsequent modifications, does not have sharp edges or points shall be inventoried at least monthly.
4. If the program consistently implements a system whereby tools are securely stored in a sealed container or closet, and if the seal has not been broken at the time an inventory is being conducted, the sealed tools may be exempt from inventory.
(e) Prohibited tools to include machetes, bowie knives, or other long blade knives;
(f) Procedures that address missing tools;
(g) Internal reporting of incidents involving tools and reporting to the departments
(h) Secure storage of tools when not in use;
(i) Training for staff and youth on the intended and safe use of tools;
(j) Disposal and replacement of dysfunctional tools that are in an unsafe condition or disrepair; and
(k) Tool control and restrictions when a repairman or worker external to the program enters the facility or facility grounds to perform a work project that requires the use of tools. These restrictions shall limit tools to only those that are necessary, checking tools upon the workers arrival to and exit from the program, restricting youths access to the work area, immediate reporting of any tool the worker finds missing while on-site at the program, and follow-up action if any tool is found missing.
(13) Kitchen Utensils. A residential commitment program shall institute a system to control and inventory kitchen utensils used to prepare and serve food and eating utensils used by youth.
(14) Flammable, Poisonous and Toxic Items. A residential commitment program shall maintain strict control of flammable, poisonous, and toxic items and materials.At a minimum, the program shall:
(a) Maintain a complete inventory of all such items the program uses;
(b) Maintain a current list of facility positions, titles or functions that are authorized to handle these items;
(c) Prohibit youths handling of these items and restrict their access to areas where the items are being used;
(d) Dispose of hazardous items and toxic substances or chemicals in accordance with Occupational Safety and Health Administration (OSHA) standards; and
(e) Maintain Material Safety Data Sheets (MSDS) on site as required by OSHA.
(15) Mechanical Restraints. When necessary and only as a last resort to maintain safety and security, the department authorizes the use of physical intervention techniques and mechanical restraints in residential commitment programs pursuant to Chapter 63H-1, F.A.C.
(16) Controlled Observation. A moderate-risk, high-risk, or maximum-risk residential commitment program may use controlled observation only when necessary and as a last resort. It is intended as an immediate, short-term, crisis management strategy for use during volatile situations in which one or more youths sudden or unforeseen onset of behavior imminently and substantially threatens the physical safety of others and compromises security. Controlled observation is not authorized for use as punishment or discipline.
(a) The program is authorized to temporarily place an out-of-control youth in a controlled observation room only when the following three criteria are met:
1. The youth is exhibiting active aggression;
2. Continuation of the youths acutely aggressive or violent behavior is likely to result in immediate injury or imminent harm to others or substantial damage to property; and
3. The youth is physically out-of-control, and less restrictive methods of dealing with the youth are ineffective or are unlikely to have the desired effects quickly enough to divert serious injuries, security breaches, or substantial property destruction.
(b) A supervisor or staff person at a higher level shall give prior authorization for each use of controlled observation unless the delay caused by seeking prior approval would further jeopardize the safety of others and the programs security. In this case, as soon as the youth is placed in the controlled observation room and order is re-established within the program, staff shall obtain authorization for continued placement from a supervisor or staff person at a higher level or the youth shall be removed from the controlled observation room.
(c) Staff shall not leave a youth alone in a controlled observation room until an inspection of the room is conducted and it is deemed safe, secure, and in compliance with the following room specifications:
1. Minimum of 35 unencumbered square feet;
2. Solid core hardwood or metal door with a shatter-resistant observation window that allows for sight and sound observation;
3. Vents that are out of the reach of youth and covered with small mesh or a metal plate, with holes no more than 3/16 inch and no exposed edges;
4. Recessed light fixtures that are covered with shatter-resistant material;
5. Windows that are shatter-resistant or, if not, covered with security-rated screens or another material that prevents access to the glass;
6. No electrical outlets;
7. No electrical switches unless covered and secured; and
8. A security-rated, fire retardant plastic mattress suitable for use on the floor or on a suicide-resistant bed.
(d) Prior to placing a youth into a controlled observation room, a staff person of the same sex as the youth or a health care professional shall use the Health Status Checklist to conduct and document a visual check of the youth to determine if there are any observable injuries that would contraindicate placement. The Health Status Checklist (MHSA 008, August 2006) is incorporated into this rule and is available electronically at http://www.djj.state.fl.us/forms/mental_health_substance_abuse_services_forms_index.html. If a physical injury is observed, the youth complains of injury or illness, or the youth experienced a fall, impact, or blow such that injury could reasonably be expected, a health care professional shall be immediately notified for timely assessment and treatment.
(e) Staff shall not place a youth exhibiting behaviors indicative of a mental health crisis or suicide risk in controlled observation. Additionally, if a youth in a controlled observation room begins manifesting behavior that would indicate that he or she is experiencing a mental health crisis or is a suicide risk, the youth shall immediately be removed from the room and follow-up mental health services shall be provided.
(f) Any physical restraints shall be removed after a youth is placed in a controlled observation room unless they are necessary to protect the youth from self-injury, in which case staff shall continuously monitor the youth and remove the restraints after 15 minutes of calm behavior.
(g) A staff person of the same sex shall frisk search the youth and remove any potentially dangerous or injurious items before the youth is left alone in a controlled observation room. Staff shall remove all jewelry, pocket items, hair ties, hairpins, belts, or other clothing or items that the youth could use for self-injury or injury to others; however, the youth shall not be stripped.
(h) Staff shall discuss with the youth the reasons for his or her placement in controlled observation, the expected behavior for removal from placement and, if applicable, the expected behavior for removal of restraints. Later, when the youths behavior has de-escalated and is conducive to constructive interaction, staff shall attempt to process with the youth what happened and explore alternative behaviors.
(i) To ensure the youths safety while in the controlled observation room, staff shall conduct safety checks at least every fifteen minutes and shall observe the youths behavior. However, continuous sight and sound supervision, defined as staffs provision of continuous, uninterrupted visual and sound monitoring of the youth, shall be provided when the youth is in restraints or is physically out-of-control to the extent that he or she is at high risk of self-injury. Staff shall document all safety checks and observations on the Controlled Observation Safety Checks form.
(j) The program director or a supervisor with delegated authority shall approve a youths release from controlled observation. This approval shall be based on a determination that the youth is no longer threatening harm to others, exhibits calm behavior, and expresses a willingness to positively rejoin the program.
1. The time limit for placement of a youth in the controlled observation room is two hours unless the program director or his designee grants an extension because release of the youth would imminently threaten his or her safety or the safety of others. No extension shall exceed six hours, and the total placement time, including all extensions, shall not exceed 24 hours.
2. When a youth is released from controlled observation, staff shall determine whether an in-house alert is warranted and, if so, take action as required pursuant to paragraph 63E-7.013(7)(d), F.A.C.
(k) The program director or assistant program director shall review the Controlled Observation Report within 14 days of the youths release from controlled observation to determine if the placement was warranted and handled according to the provisions of this rule section.Any corrective actions deemed necessary to prevent potential misuse of controlled observation shall be immediately implemented.
(l) The program shall ensure completion of the Controlled Observation Report for each use of controlled observation, with the exception of the Extension of Controlled Observation section when a youths placement is limited to the two-hour time period. Additionally, for each use of controlled observation, the program shall ensure completion of the Health Status Checklist and the Controlled Observation Safety Checks form. The program shall maintain these forms in an administrative file, as well as in the youths individual management record.
(17) Escapes. For purposes of this rule, the definition of escape is consistent with Section 985.721, F.S.
(a) When a youth escapes from the facility or escapes from supervised activities away from the facility or while in transit to and from such activities, the program shall report the incident by telephone to law enforcement and the departments Central Communications Center immediately or within a timeframe not to exceed two hours of becoming aware of the escape. Additionally, the program shall telefax the completed Notification of Escape form to the following persons or entities as soon as practicable or within a timeframe not to exceed four hours:
1. Law enforcement;
2. The state attorney in the jurisdiction where the delinquency petition was filed;
3. The sentencing judge;
4. The departments residential regional director or designee;
5. The youths JPO or his or her supervisor;
6. The youths parents or legal guardian; and
7. Detention screening.
(b) The program shall maintain a separate log that documents each notification, including each person contacted, the date and time of contact, and the program staff making the contact. In addition, all pertinent information relating to the escape shall be documented in the programs daily logbook and the youths individual management record.
(c) If law enforcement declines to accept a report alleging that a youth has committed the felony offense of escape, the program shall notify the youths JPO or his or her supervisor who will request the court of jurisdiction to issue an order to take the youth into custody.
(d) If the youth is not apprehended within 48 hours of the escape, the program shall release the youth from the program in the departments JJIS Bed Management System or, if the program does not have direct access to JJIS, shall notify the departments regional commitment manager via telephone.
(e) As soon as possible after the program becomes aware of the youths apprehension, the program shall advise all parties whom they previously notified of the escape.
(f) The program shall review circumstances pertinent to an escape within 48 hours, cooperate with the department in any review or investigatory activities following an escape, and implement corrective actions as needed to prevent future escapes.
(g) If a youth absconds while on temporary release status and does not return to the program as expected, the program shall contact:
1. The youths family within four hours of becoming aware of the event to request their assistance in facilitating the youths return to the program; and
2. The youths JPO or his or her supervisor to request their assistance in facilitating the youths return or to expedite issuance of a pick-up order. The program shall make this contact as soon as is practicable, but no later than the end of the same workday in which the program becomes aware of the event if it falls within the traditional workweek or, if not, before the end of the next traditional workday.
(18) Transportation.When transporting a youth, a residential commitment program shall maintain custody and control while ensuring the safety of youth, staff and the community.
(a) The program shall comply with the following provisions whether or not secure transportation is required:
1. Program staff shall not transport youth in any personal vehicle unless the program director approves such action based on extenuating circumstances wherein the life or safety of a youth is in imminent jeopardy without taking such action.
2. The program shall provide the minimum ratio of one staff for every five youth required for off-campus activities.
3. Youth and staff shall wear seat belts during transportation, and youth shall not be attached to any part of the vehicle by any means other than the proper use of a seat belt.
4. The program shall issue transporters a cellular phone or radio for use in the event of vehicle problems or other emergencies.
5. Staff shall not leave youth unsupervised in a vehicle.
6. Youth shall not be permitted to drive program or staff vehicles.
7. Staff shall lock personal and program vehicles when not in use.
(b) When transporting youth, a high-risk or maximum-risk program shall provide secure transportation. A low-risk or moderate-risk program shall provide secure transportation for any youth who has been assessed and determined to be a security risk or risk to self and others and has demonstrated that he or she cannot be transported by less restrictive methods.The program shall comply with the following when securely transporting youth:
1. The use of mechanical restraints is required and shall be provided pursuant to Chapter 63H-1, F.A.C.
2. In addition to the requirements specified in paragraph 63E-7.013(18)(a), F.A.C., of this rule chapter, the program shall comply with the following provisions when providing secure transportation:
a. The vehicle shall have rear doors that cannot be opened from the inside.
b. The vehicle shall be equipped with a safety screen separating the front seat or drivers compartment from the back seat or rear passengers compartment, or a staff person shall occupy the back seat or rear passengers compartment with the youth.
c. The program shall provide the minimum ratio of one staff for every five youth required for off-campus activities.However, if five or less youth are being transported, the program shall provide a minimum of two staff, with one being the same sex as the youth being transported.
(c) The program shall ensure that any vehicle used by the program to transport youth is properly maintained for safe operation.
1. Each vehicle being used for transport of youth shall pass an annual safety inspection.
2. The program shall maintain documentation on use of each vehicle and its maintenance.
3. Each vehicle used to transport youth shall be equipped with the appropriate number of seat belts, a seat belt cutter, a window punch, a fire extinguisher, and an approved first aid kit.
(19) A residential commitment program shall comply with the following provisions on youths eligibility and participation in off-campus activities, defined as activities conducted away from the facility grounds:
(a) A residential commitment program shall provide supervision for youth who leave the facility grounds for necessary activities such as health and court-related events. The program shall determine a youths eligibility for participation in other off-campus activities based on the programs restrictiveness level, the youths performance and behavior in the program, and the assessed risk for the youth to re-offend during the off-site activity.
1. A low-risk or moderate-risk program shall allow a youth to participate in necessary, supervised off-campus activities such as health and court related activities. The program may also allow a youth to participate in other constructive supervised off-campus activities and, with court approval, may permit the youth to participate in specific temporary release activities, such as community employment and, during the final 90 days of his or her residential placement, home visits. If an extraordinary family emergency arises prior to the final 90 days of a youths stay, the program director or designee may, with court approval, grant an emergency temporary release. In such a case, the program shall, with input from the youths family, develop a specific itinerary and coordinate with the youths JPO.
2. For most of a youths placement in a high-risk program, the program shall restrict a youths participation in off-campus activities to necessary, supervised activities such as health and court-related activities. However, during the final 60 days of a youths residential stay and with court approval, the program may grant permission for the youth to leave facility grounds to engage in transitional activities such as enrollment in school or a vocational program, completion of a job interview, performance of community service, and home visits of no more than 72 hours. Additionally, if an extraordinary family emergency arises, such as the death or impending death of a youths immediate family member, prior to the final 60 days of a youths stay, the program director or designee may, with court approval and concurrence of the departments residential regional director, grant an emergency temporary release. In such a case, the program shall, with input from the youths family, develop a specific itinerary and coordinate with the youths JPO.
3. A maximum-risk program shall not allow a youth to participate in off-campus activities except for necessary, supervised activities such as health and court-related events and, under exceptional circumstances, a staff-supervised day trip to attend a family emergency event when approved by the court and the departments residential regional director.
(b) Prior to allowing a youth to participate in any off-campus activity that is not a supervised, necessary event, the program shall assess the youths risk and determine that he or she is unlikely to re-offend while in the community. Additionally, the program shall require the youth to demonstrate progress and positive behavior in the program.
(c) Except for supervised, necessary off-campus activities, the program shall plan and structure each off-campus activity, including any home visit, for youth to accomplish specific goals and objectives. The program shall involve the youth in the planning process.
(d) The program shall ensure a minimum ratio of one staff to every five youth during any supervised off-campus activity. The program shall provide a more intensive staffing if the activity or circumstances surrounding the activity dictate that closer supervision is necessary to ensure the safety of the community, staff and youth.
(e) Pursuant to subparagraph 64E-7.012(2)(a)2., F.A.C., of this rule chapter, the program shall notify the victim or his or her designee, unless these notification rights have been waived, when allowing a youth committed for specified offenses to participate in a temporary release.
(f) The program shall prohibit any youth from participating in trips or functions requiring travel out of the state of Florida unless approved in writing by the departments residential regional director and Assistant Secretary for Residential and Correctional Facilities.
(20) Disaster and Continuity of Operations Planning. A residential commitment program shall develop a disaster plan and a continuity of operations plan (COOP) that are coordinated or one comprehensive plan that incorporates both. The plans shall provide for the continuation of basic care and custody of youth in the event of an emergency or disaster, while ensuring safety of staff, youth and the public. The program shall conduct practice events or drills and shall be prepared for immediate implementation or mobilization of the plans whenever an emergency or disaster situation necessitates.
(a) The programs disaster plan shall:
1. Address, at a minimum, fire and fire prevention and evacuation, severe weather, disturbances or riots, bomb threats, hostage situations, chemical spills, flooding or terrorist threats or acts;
2. Identify and define essential or key staffs roles and specific responsibilities during emergency or disaster situations;
3. Specify and plan for the provision of any equipment and supplies required to maintain the continuous operation of services during an emergency or disaster. Equipment and supplies may include, but are not limited to, food, medications, pharmaceutical and first aid supplies, clothing and linens, vehicles, generators, cell phones, flashlights, batteries, fire safety equipment, and laptop computers;
4. Identify critical information about youth that may be needed during an emergency situation and plan for its access;
5. Address alternative housing plans;
6. Be compatible with the disaster plan and COOP for the departments residential region;
7. Be conspicuously posted in the facility, readily available to staff members, youth, and visitors, and disseminated to appropriate local authorities. If the plan is too voluminous to post, the program shall post a notice that identifies the various locations within the facility where staff can easily access the plan.
(b) The programs COOP shall:
1. Provide for the continuity of care and custody of its youth and the protection of the public in the event of an emergency that prevents occupancy of the programs primary facility or structure;
2. Compatible with the COOP for the departments residential region;
3. Readily available to staff;
4. Reviewed and updated annually;
5. Submitted to the departments residential regional director, if requested; and
6. Approved by the Division of Emergency Management, Department of Community Affairs.
(21) Internet Access. A residential commitment program shall ensure that youth only have access to the Internet for the purposes of obtaining educational material. While youth are on-line, program staff shall continually monitor the computer screens to ensure that youth are accessing only the approved material.
(a) Youth shall be prohibited from accessing material considered harmful to minors which includes any picture, image, graphic image file, or other visual depiction that, taken as a whole and with respect to minors:
1. Appeals to a prurient interest in nudity, sex, or excretion;
2. Depicts, describes, or represents in an offensive way an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals; and
3. Lacks serious literary, artistic, political, or scientific value.
(b) The program shall implement effective technology protection measures to limit youths Internet access to only the approved educational material. The program shall conduct and document monthly checks on the protection system and, if problems are identified with the system, shall prohibit youths access until repairs are completed and tested. The program shall not allow youth access to prohibited sites that may elude the technology protection measures.
(22) Water Safety.
(a) A residential commitment program that allows youth to participate in water-related activities shall establish a water safety plan that addresses, at a minimum, safety issues, emergency procedures, and the rules to be followed during a water-related activity, as follows:
1. Determination of the risk level for each youth to participate in water-related activities by identifying whether or not the youth can swim, assessing his or her swimming ability, and considering other factors to include, at a minimum, age and maturity, special needs such as physical and mental health issues, and physical stature and conditioning;
2. Type of water in which the activity is taking place, such as pool or open water;
3. Water conditions, such as clarity and turbulence, and bottom conditions;
4. Type of water activities such as swimming, boating, canoeing, rafting, snorkeling, scuba diving, and shoreline and offshore activities to include fishing from a bank or pier, fishing while wading, or picnicking close to a body of water:
5. Lifeguard-to-youth ratio and positioning of lifeguards;
6. Other staff supervision; and
7. Safety equipment needed for the activity, such as personal flotation devices when youth are in a boat, canoe or raft and availability of a lifeline during shoreline and offshore activities.
(b) The program shall provide sufficient supervision to continuously account for youth and ensure their safety.
1. The program shall ensure a sufficient number of lifeguards for maximum safety, and lifeguards shall be certified consistent with American Red Cross or other nationally accepted standards for the type of water in which the activity is taking place.
a. If the water-related activity takes place in a pool, at least one staff person certified as a lifeguard shall be present.
b. If the water-related activity takes place in open water, at least one staff person certified in waterfront lifeguarding shall be present.
c. Shoreline and offshore activities do not require lifeguards present; however, the program shall provide supervision by staff trained in emergency procedures. Staffing shall be sufficient to continually account for youths whereabouts and maintain safety.
2. The program shall provide additional staff supervision to ensure youths safety. If the activity is conducted away from the program or its grounds, a minimum ratio of one staff for every five youth is required.
3. The program shall conduct methods necessary to maintain an accounting of youth, including conducting head-counts at regular intervals.
(c) Scuba diving or snorkeling activities shall be conducted consistent with standards and procedures established or approved by nationally recognized organizations such as the Recreational Scuba Training Council, the National Association of Underwater Instructors, or the Professional Association of Diving Instructors.
Specific Authority 985.64, 985.601(3)(a), 985.441(1)(b), 985.03(44), FS. Law Implemented 985.601(3)(a), 985.441(1)(b) FS. History New________.
63E-7.016 Program Administration.
(1) A residential commitment program director shall be accountable for the daily operation of the program, as well as ongoing program planning and evaluation to ensure safety, security, and effectiveness of services provided to youth.
(2) A residential commitment programs mission statement shall be consistent with the departments mission and principles of the restorative justice philosophy.
(3) A residential commitment programs written description shall, at a minimum, address the following:
(a) The programs treatment approach;
(b) Services the program provides; and
(c) The programs service delivery system.
(4) A residential commitment program director shall ensure provisions for staffing that, at a minimum, address the following:
(a) Level 2 pre-employment screening requirements pursuant to Chapter 435 and Section 985.644(5), F.S.;
(b) Maintenance of an organizational chart that reflects spans of control and lines of authority and specifies the job title, and the primary function if not inherent in the job title, of each program staff and overlay service provider;
(c) Staffing schedules that ensure coverage across shifts and a system for accessing additional staff coverage as needed;
(d) Position descriptions that specify required qualifications, job functions or duties, and performance standards;
(e) A system for evaluating staff at least annually based on established performance standards;
(f) Systems of communication to keep staff informed and give them opportunities for providing input and feedback pertaining to operation of the program;
(g) A dress code for staff that promotes professionalism, safety, and positive role modeling for youth; and
(h) A code of conduct for staff that clearly communicates expectations for ethical and professional behavior, including the expectation for staff to interact with youth in a manner that promotes their emotional and physical safety;
(5) A residential commitment program shall establish a system for fiscal management and control and, in the case of any contracted program, shall obtain at least one independent financial audit annually;
(6) A residential commitment program shall report as follows:
(a) Incident reporting to the departments
(b) Reporting of Protective Action Response (PAR) incidents or use of mechanical restraints pursuant to Chapter 63H-1, F.A.C.;
(c) Reporting required for state-operated programs and programs operated by nonprofit contracted providers to participate in the
(d) Posting of abuse reporting phone numbers throughout the facility and unhindered access for staff and youth to report abuse to the Department of Children and Families central abuse hotline addressed in Chapter 39, F.S., or if the allegedly abused youth is 18 years or older, the departments Central Communication Center. For purposes of this rule, unhindered access means the program shall allow youth and staff to make the decision to report allegations of abuse without obtaining permission. The program shall provide youth with timely telephone access to report allegations of abuse. However, if the youth requests telephone access during a scheduled structured activity, the program shall provide access as soon as that activity concludes.
(7) A residential program director shall establish a system to monitor the programs bed capacity and the length of stay of youth in placement to ensure all youth are progressing through the program and to target potential problems with any youths planned release.
(8) A residential commitment program shall update information in the departments Juvenile Justice Information System (JJIS) as follows:
(a) Updates to the Bed Management System to include:
1. Any youth admission, transfer, release or discharge within 24 hours of the event; and
2. Placement of any youth on inactive status within 48 hours of an escape or admission to a juvenile detention center or jail; and
(b) Updates in the Residential Services Monitoring System (RSMS), a web-based component of JJIS and software application designed to store information pertaining to each residential commitment programs performance that, in the case of a contracted program, reflects the program's compliance with their contract terms and conditions.
(9) A residential program shall notify the departments designated regional commitment manager if a youth is placed in a medical or mental health facility for longer than five days.
(10) A residential program shall be reviewed, audited, or investigated as follows:
(a) Prior to a contracted provider opening a new program or assuming operation of an existing program, the department may conduct a pre-operational review to assess the programs readiness to commence operations. The program shall develop and implement an outcome-based corrective action plan to address deficiencies identified during a pre-operational review. After the program commences operations and as follow-up to the pre-operational review, the department may conduct a post-operational review that may result in additional corrective actions.
(b) Based on the programs identified risk factors, the departments designated regional residential monitor shall conduct monthly, quarterly, or semi-annual reviews to determine if the program is providing services as specified in this rule chapter, other applicable rules and statutes, and the providers contract with the department. The program shall develop and implement an outcome-based corrective action plan to address major deficiencies identified by the residential monitor during any such review. For purposes of this rule chapter, a major deficiency is defined as a deficiency that indicates the interruption of service delivery or the receipt of public funds for program services not delivered.
(c) 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. The program shall implement an outcome-based corrective action plan that addresses major deficiencies identified during any quality assurance review.
(d) The program shall cooperate with any review or investigation coordinated or conducted by the departments Office of the Inspector General pursuant to Section 20.055, F.S.
(e) In cases where federal funds are involved, audits may be conducted according to federal requirements.
(11) A residential commitment program director shall build partnerships and collaborate with juvenile justice stakeholders in the community.
(a) The program shall establish a community support group or advisory board that meets at least quarterly. The program director shall solicit active involvement of interested community partners including, but not limited to representatives from law enforcement, the judiciary, the school board or district, the business community, and the faith community. In addition, the program director shall recruit a victim, victim advocate, or other victim services community representative and a parent whose child was previously, rather than currently, involved in the juvenile justice system.
(b) The program shall collaborate with the school district to ensure the delivery of quality educational services consistent with the cooperative agreement between the school district and the department pursuant to Section 1003.52, F.S.
(c) A residential commitment program may involve community volunteers, including mentors for youth, consistent with background screening requirements pursuant to Section 985.644, F.S. The program shall provide supervision as deemed necessary to ensure the volunteer is providing services in a manner that meets the expectations of the program and ensures the emotional and physical safety of its youth.
(12) A residential commitment program shall maintain a chronological record of events as they occur or, if an event disrupts the safety and security of the program, as soon as is practicable after order has been restored.
(a) The program shall document the following events, incidents and activities in a central logbook maintained at master control, living unit logbooks, or both.
1. Emergency situations;
2. Incidents, including the use of mechanical restraints;
3. Special instructions for supervision and monitoring of youth;
4. Population counts at the beginning and end of each shift and any other population counts conducted during a shift;
5. Perimeter security checks and other security checks conducted by direct care staff;
6. Transports away from the facility, including the names of staff and youth involved and the destination;
7. Requests by law enforcement to access any youth;
8. Removal of any youth from the mainstream population, such as when a youth is placed on room restriction or controlled observation.
9. Admissions and releases, including the name, date and time of anticipated arrival or departure, and mode of transportation; and
10. Information relating to escape or attempted escape incidents.
(b) Each logbook shall be a bound book with numbered pages.Every entry in a logbook shall be considered a permanent record; therefore, under no circumstances shall any logbook entry be obliterated or removed. An error in an entry shall be struck through with a single line and initialed by the person correcting the error.
(c) At a minimum, each logbook entry shall include the date and time of the event, the names of staff and youth involved, a brief description of the event, the name and signature of the person making the entry, and the date and time of the entry.
(d) The program shall use one of the following methods to ensure that each direct care staff person, including each supervisor, is briefed when coming on duty:
1. Living Unit Logbook Review. If the program maintains a logbook at each living unit, each incoming staff shall review entries made during the previous two shifts in the logbook maintained in the living unit to which he or she is assigned. The staff shall document his or her review in the logbook, including the date, time and signature.
2. Shift Report Review. If the program does not maintain a logbook at each living unit, the program shall summarize in a shift report the events, incidents, and activities documented in the programs central logbook as required pursuant to subparagraphs 63E-7.016(12)(a)1.-10., F.A.C. A program supervisor shall verbally brief incoming staff about the contents of the shift report or incoming staff shall review the shift report. Each incoming staff shall sign and date the shift report for the previous shift to document that he or she has reviewed or been verbally briefed about its contents. A copy of the shift report shall be maintained at each living unit for at least 48 hours.
(13) A residential commitment program shall establish a records management system that addresses all records maintained by the program including, but not limited to, administrative files, personnel records, fiscal and accounting records, property inventories, and records pertaining to youth.
(a) The program shall maintain an official youth case record for each youth that is comprised of two separate files as follows:
1. An individual healthcare record that contains the youths medical, mental health, and substance abuse related information; and
2. An individual management record that contains other pertinent information about the youth. The records file tab shall provide the youths legal name, DJJ identification number, date of birth, county of residence, and committing offense. The youths JJIS face sheet and any JJIS special alerts shall be attached or filed in close proximity to the file tab. An individual management record shall be organized in the following separate sections:
a. Legal Information;
b. Demographic and Chronological Information;
c. Correspondence;
d. Case Management and Treatment Team Activities; and
e. Miscellaneous.
(b) The program shall clearly label each official youth case record, individual management record, and individual management record as confidential. All official youth case records shall be secured in a locked file cabinet or a locked room. The program shall clearly identify any file cabinet used to store official youth case records as confidential.
(c) Each residential commitment program shall comply with the records and confidential information provisions pursuant to Section 985.04, F.S.
(d) The program shall transfer youth records when a youth is released, discharged, transferred to another residential commitment program, or placed in a juvenile detention center. Transfer of youth records shall be handled as follows:
1. Within five working days of a youths release or discharge, the program shall transfer the complete official youth case record to the departmental staff or contracted provider assigned to provide the youths post-residential services. The program shall transfer the original record unless, due to federal auditing requirements, the program is required to retain any original documents. In this case, the program shall replace the originals required on site with complete copies.
2. The program shall ensure that the complete official youth case record accompanies a youth transferred to another residential commitment program. The transferring program shall send the original record unless, due to federal auditing requirements, the program is required to retain any original documents. In this case, the program shall replace the originals required on site with complete copies.
3. If a youth residing in a residential commitment program is placed in a juvenile detention center, the program shall ensure that the youths complete individual healthcare record, either the original record or a copy, accompanies the youth when transported. If the youth is subsequently returned to the residential program, the detention center shall return the complete record at the time the youth is transported back to the program.
(14) A residential commitment program shall maintain confidentiality and not release any information to the general public about any youth. The program shall not allow the media to visit, interview youth or have access to youth records unless the Secretary or his or her designee grants approval. When seeking approval for a media request, the program director or designee shall immediately contact the department's regional residential director or designee who shall process the request within the department and provide feedback to the program director or designee as soon thereafter as is practicable.
(15) A residential commitment program director shall immediately contact the departments regional residential director or designee to report the death of any youth residing in the program. The program director shall provide information as needed to enable the department to notify the youths parents or legal guardian.
Specific Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a) FS. HistoryNew________.
