Safety and Security, Program Administration

DEPARTMENT OF JUVENILE JUSTICE
Residential Services

RULE NO: RULE TITLE
63E-7.013: Safety and Security
63E-7.016: Program Administration

NOTICE 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. 49, December 7, 2007 issue of the Florida Administrative Weekly.

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 provider’s contract with the department, if applicable, and the following provisions listed below based on the restrictiveness level of the program.: Unless specified otherwise in a provider’s contract with the department, and contingent upon legislative appropriations, the department is responsible for providing the following physical security features in a program operated in a state-owned building.

(a) through (d) No change.

(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) No change.

(b) Staff-to-youth ratios in a privately operated residential commitment program shall be provided as specified in the provider’s contract with the department and shall be monitored for compliance by the residential monitor designated by the department.

(c) No change.

(3) through (4) No change.

(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. In cases where no corrective action can be reasonably implemented without the department’s response to a request for use of facility maintenance funds, the provider’s request shall constitute initiation of corrective action.

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) No change.

(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 youth’s individual needs and risk factors, that addresses, at a minimum, the following:

(a) Classification factors to minimally include, at a minimum, 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 youth’s needs and risk factors and reclassification, if warranted, prior to considering:

1. An increase in the youth’s privileges or freedom of movement;

2. The youth’s 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 youth’s 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, or 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 program’s alert system, only the following may recommend downgrading or discontinuing a youth’s 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) through (9) No change.

(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 youth’s 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 youth’s stress and embarrassment.

(b) Frisk and Strip Searches. Staff conducting a frisk search, which is conducted through the youth’s clothing, shall be of the same sex as the youth being searched. 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 strip search while a staff of the opposite sex is positioned to observe the staff person conducting the search, but cannot view the youth. Use of electronic search equipment is authorized to supplement any frisk search authorized in this rule section. The provisions below stipulate the minimum requirements for use of frisk searches and strip searches based on a program’s restrictiveness level. However, a program at any level is permitted to conduct frisk or strip searches when authorized by the program director, or in the director’s absence, his or her designee, for purposes of controlling contraband or ensuring safety and security. When a frisk search is required based on the following provisions, yet the program director or designee authorizes a strip search for contraband control or safety and security purposes, the strip search shall be in lieu of the frisk search.

1. Programs at the Low-risk and Moderate-risk Restrictiveness Levels. In accordance with Rule 63E-7.013, F.A.C., a low-risk or moderate-risk program shall conduct a frisk search after a youth’s participation in a vocational or work program or activity involving the use of tools or other implements that could be used as weapons or a means of escape. A frisk search shall also be conducted when a youth returns from a home visit. Consistent with Rule 63E-7.004, F.A.C., a low-risk or moderate-risk program 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.

2. Programs at the High-risk and Maximum-risk Restrictiveness Levels. In accordance with Rule 63E-7.013, F.A.C., a high-risk or maximum-risk program shall conduct a frisk search after a youth’s participation in a vocational or work program or activity involving the use of tools or other implements that could be used as weapons or as a means of escape. Consistent with subsection 63E-7.013(11), F.A.C., a high-risk or maximum-risk program shall conduct a frisk search following a youth’s involvement in a visitation activity. In the case of non-contact visitation, such as when the visitor and the youth are separated by an impenetrable barrier, the program director shall not authorize a strip search in lieu of a frisk search. A frisk search shall also be conducted when a youth returns from a supervised off-campus activity conducted away from the facility or its grounds. Although unsupervised off-campus activities, including home visits, are not permitted for youth in maximum-risk programs, a high-risk program shall strip search a youth returning from a home visit and shall frisk search a youth returning from any other unsupervised off-campus activity. Consistent with Rule 63E-7.004, F.A.C., a high-risk or maximum-risk program 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.

(b) Staff conducting a frisk search, which is conducted through the youth’s 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 youth’s involvement in visitation activities, or in response to a serious security breach.

(c)(d) A cavity search that involves the examination of the youth’s 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.

(d)(e) With the exception of privileged mail to or from a youth’s 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.

(e)(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 youth’s 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 youth’s 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) through (c) No change.

(d) Identification of authorized visitors, including the youth’s parents or legal guardian, the youth’s spouse, the youth’s attorney of record, the youth’s JPO, clergy, and others with a legitimate reason related to the youth’s rehabilitation and treatment at the discretion of the program director or his or her designee, excepting. The program shall not allow visitation by any co-defendant in the youth’s 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) No change. Documentation of all visitation to include:

1. The visitor’s 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 reasonable belief exists that the visitor is attempting to introduce contraband or otherwise compromise the security of the facility 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. Consistent with Rule 63E-7.010, F.A.C., fFrisk search of a youth in a high-risk or maximum-risk program or, if authorized by the program director or his or her designee, strip search of a youth by staff prior to the youth’s 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) through (13) No change.

(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) through (c) No change.

(d) Dispose of hazardous items and toxic substances or chemicals in accordance with Occupational Safety and Health Administration (OSHA) Standard 29 CFR 1910.1030 (amended 1-1-2004) standards; and

(e) Maintain Material Safety Data Sheets (MSDS) on site in accordance with as required by OSHA Standard 29 CFR 1910.1030 (amended 1-1-2004).

(15) No change.

(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 in the following situations when non-physical interventions would not be effective:

1. Emergency safety situations where there is imminent risk of the youth physically harming himself or herself, staff, or others; or

2. When the youth is engaged in major property destruction that is likely to compromise the security of the program or jeopardize the youth’s safety or the safety of others. when the following three criteria are met:

1. The youth is exhibiting active aggression;

2. Continuation of the youth’s 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 with delegated authority 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 program’s 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 with delegated authority or staff person at a higher level or the youth shall be removed from the controlled observation room.

(c) No change.

(d) In order to determine if there are any observable injuries that would contraindicate a youth’s placement in a controlled observation room, the program shall use the Health Status Checklist to conduct and document a visual check of the youth upon his or her 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. 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.

1. A healthcare professional or a staff person of the same sex as the youth shall conduct the visual check unless a same-sex staff person is unavailable in the vicinity, in which case a staff person of the opposite sex may conduct the visual check.

2. The visual check shall be conducted without the youth disrobing unless there is reason to suspect an injury that is hidden by clothing, in which case, a healthcare professional or a staff person of the same sex shall conduct the visual check.

3. 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 in controlled observation when the youth is demonstrating acute psychological distress behaviors, such as panic, paranoia, hallucinations, and self-harming behaviors, or if the youth is a suicide risk, meaning a youth who demonstrates behaviors that indicate that he or she is thinking about or contemplating suicide or when the youth is identified as a suicide risk in the program’s alert system. exhibiting behaviors indicative of a mental health crisis or suicide risk in controlled observation. Additionally, if a youth in a controlled observation room begins demonstrating acute psychological distress or suicide risk behaviors 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.

(f)(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.

(g)(h) Staff shall discuss with the youth the reasons for his or her placement in controlled observation, and the expected behavior for removal from placement and, if applicable, the expected behavior for removal of restraints. Later, when the youth’s behavior has de-escalated and is conducive to constructive interaction, staff shall attempt to process with the youth what happened and explore alternative behaviors.

(h)(i) To ensure the youth’s safety while in the controlled observation room, staff shall conduct safety checks at least every fifteen minutes and shall observe the youth’s behavior.  However, continuous sight and sound supervision, defined as staff’s provision of continuous, uninterrupted visual and sound monitoring of the youth, shall be provided when the youth is demonstrating physical behaviors that pose a 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.

(i)(j) The program director or a supervisor with delegated authority shall approve a youth’s release from controlled observation when it is determined that, based on the youth’s verbal and physical behaviors, he or she is no longer an imminent threat of harm to self or others. 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 or her 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 two six hours except when a youth is sleeping between the hours of 10:00 p.m. and 6:00 a.m. when the approving authority could not reasonably determine the youth’s readiness for release., and Tthe total placement time for a youth in controlled observation, 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.

(j)(k) The program director or assistant program director shall review the Controlled Observation Report within 14 days of the youth’s 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.

(k)(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 youth’s 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 youth’s 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 department’s 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. Local lLaw enforcement agency having jurisdiction over the locale where the program is sited;

2. through 7. No change.

(b) through (g) No change.

(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) No change.

(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 section 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 driver’s 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) No change.

(19) A residential commitment program shall comply with the following provisions on youth’s eligibility and participation in off-campus activities, defined as activities conducted away from the facility grounds:

(a) through (d) No change.

(e) Pursuant to subparagraph section 63E-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 department’s residential regional director and Assistant Secretary for Residential and Correctional Facilities. Approval shall be granted or denied based on the youth’s eligibility to engage in off-campus activities pursuant to paragraphs 63E-7.013(19)(a)-(b), F.A.C., and the purpose, objectives, travel plans and supervision arrangements pursuant to paragraphs 63E-7.013(19)(c)-(d), F.A.C.

(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) No change.

(b) The program’s 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 program’s primary facility or structure;

2. Be cCompatible with the COOP for the department’s residential region;

3. Be rReadily available to staff;

4. Be rReviewed and updated annually;

5. Be sSubmitted to the department’s residential regional director, if requested; and

6. Be aApproved 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, appeals to a prurient interest in nudity, sex, or excretion.:

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) No change.

(22) Water Safety.

(a) No change.

(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.

d. Scuba diving activities shall be conducted by a scuba diving instructor certified by the National Association of Underwater Instructors (NAUI) or the Professional Association of Diving Instructors (PADI).  Snorkeling or skin diving activities shall be conducted by a scuba diving instructor or a snorkeling or skin diving instructor certified by NAUI or PADI.

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), 985.03(44) FS. History–New__________.

 

63E-7.016  Program Administration.

(1) through (3) No change.

(4) A residential commitment program director shall ensure provisions for staffing that, at a minimum, address the following:

(a) through (g) No change.

(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) through (9) No change.

(10) A residential program shall be reviewed, audited, or investigated as follows:

(a) The department shall conduct performance reviews of each residential commitment program at least annually. These reviews shall determine the program’s compliance with the provisions of this rule chapter and, if applicable, the terms and conditions of the provider’s contract with the department. 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 program’s 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 program’s identified risk factors, the department’s 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 provider’s 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.

(b)(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.

(c)(d) 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.

(d)(e) In cases where federal funds are involved, audits may be conducted according to federal requirements.

(11) through (13) No change.

(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.

(14)(15) A residential commitment program director shall immediately contact the department’s 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 youth’s parents or legal guardian.

Specific Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a) FS. History–New ________.