The rule chapter establishes the requirements for the administration and operation of residential expedition programs for juvenile offenders.

DEPARTMENT OF JUVENILE JUSTICE
Residential Services

RULE NO: RULE TITLE
63E-8.001: Purpose and Scope
63E-8.002: Definitions
63E-8.003: Youth Admissions
63E-8.004: Youth Intake
63E-8.005: Youth Orientation
63E-8.006: Quality of Life and Youth Grievance Process
63E-8.007: Youth Hygiene and Dress Code
63E-8.008: Facility and Food Services
63E-8.009: Behavior Management
63E-8.010: Residential Case Management
63E-8.011: Delinquency Intervention and Treatment Services
63E-8.012: Transfer, Release and Discharge
63E-8.013: Safety and Security
63E-8.014: Staff Training
63E-8.015: Program Administration
PURPOSE AND EFFECT: The rule chapter establishes the requirements for the administration and operation of residential expedition programs for juvenile offenders.
SUMMARY: The rule governs the admission, intake, and orientation of youth to expedition programs, as well as the conditions and treatment in such programs. Standards governing safety and security, release, and administrative requirements are also specified.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 20.316, 985.64, 985.601 FS.
LAW IMPLEMENTED: 985.03, 985.601(3), (8), 985.441 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: Tuesday, March 3, 2009, 10:00 a.m.
PLACE: DJJ Headquarters, 2737 Centerview Dr., General Counsel's Conference Room 3223, Tallahassee, Florida. To arrange for participation by telephone, contact: John Milla at [phone]
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Milla, 2737 Centerview Dr., Ste. 3200, Tallahassee, FL 32399-3100, e-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

63E-8.001 Purpose and Scope.

This rule chapter establishes the requirements for the department’s administration and operation of residential expedition programs for juvenile offenders.

Specific Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New________.

 

63E-8.002 Definitions.

The definitions for this rule chapter are consistent with definitions included in Rule 63E-7.002, F.A.C., except for the following additional definitions.

(1) Base Camp – The stationary component of an expedition program where each youth is admitted, screened, assessed, and his or her performance plan developed. Youth are oriented at the base camp and reside there when they are not participating in wilderness excursions. When youth are ready for release from the program, they exit from the base camp.

(2) Wilderness Excursion – The mobile component of an expedition program where youth are away from the base program for at least two weeks participating in a staff-supervised wilderness experience. Youth and staff camp at night in different locations throughout the journey.

Specific Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New________.

 

63E-8.003 Youth Admissions.

An expedition program shall admit youth into the program in accordance with the provisions of Rule 63E-7.003, F.A.C.

Specific Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New________.

 

63E-8.004 Youth Intake.

An expedition program shall comply with the requirements for youth intake specified in Rule 63E-7.004, F.A.C. However, the program shall request the youth’s parent or guardian to send clothes with the youth that are suitable for the outdoor conditions associated with the program’s wilderness excursion component. If a youth arrives without proper clothing, the program shall issue appropriately sized clothing suitable for the climate and consistent with the program’s dress code.

Specific Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New________.

 

63E-8.005 Youth Orientation.

An expedition program shall orient youth to the program in accordance with the provisions of Rule 63E-7.005, F.A.C., with the following exceptions:

(1) During a wilderness excursion, staff shall maintain a copy of the daily schedule and make it available to any youth upon request.

(2) During a wilderness excursion, staff shall maintain copies of the program’s behavior management system and resident handbook, including rules governing conduct and negative and positive consequences for behavior. Staff shall make them available to youth upon their request.

Specific Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New________.

 

63E-8.006 Quality of Life and Youth Grievance Process.

An expedition program shall comply with the provisions of Rule 63E-7.006, F.A.C., with the following exceptions:

(1) Due to the mobile nature of a wilderness excursion and based on factors such as reasonable accessibility and urgency, an expedition program may limit visitation of any youth on an excursion to the youth’s attorney of record, Juvenile Probation Officer (JPO) and clergy. However, the program may deny a visitation request of any of the aforementioned parties if the program determines that the request is not based on a legitimate and urgent need for the requestor to have face-to-face contact with the youth before he or she returns to the base camp.

(2) The program shall deliver mail and phone messages to youth on wilderness excursions when contact is made to replenish supplies. However, when the base camp receives an emergency telephone call for a youth who is on a wilderness excursion, the program shall deliver or forward a message to the youth as soon as is reasonable and practicable. Wilderness excursion staff shall approve and supervise youths’ outgoing telephone calls that shall be limited to emergency situations.

Specific Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New________.

 

63E-8.007 Youth Hygiene and Dress Code.

An expedition program shall comply with the provisions of Rule 63E-7.007, F.A.C., with the following exceptions:

(1) Based on the camping environment of an expedition program, its limited access to facilities, and the mobile nature of the program’s wilderness excursion component, the program shall establish and implement written procedures addressing youths’ personal hygiene, including bathing, hair-washing, and dental hygiene. During excursions, unless medically contraindicated, staff shall provide youth with opportunities to practice dental hygiene twice daily and bathe and wash their hair to the extent that is practicable and reasonable.

(2) An expedition program shall provide each youth with individual hygiene supplies to include, at a minimum, a toothbrush and toothpaste, soap, shampoo, a comb or brush, sun block protection, and feminine hygiene supplies for females.

(3) An expedition program shall provide each youth with a sleeping bag, a sheet and a towel.

(4) An expedition program’s dress code for youth shall promote a groomed appearance suitable for the outdoor and wilderness excursion aspects of the program. Due to the camping environment at the base camp and during expeditions, male youth are not required to maintain a clean-shaven appearance.

(5) An expedition program may require youth to wash and maintain their own clothing; however, the program shall provide supervised opportunities and supplies for youth to complete this task.

Specific Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New________.

 

63E-8.008 Facility and Food Services.

An expedition program shall comply with the provisions of Rule 63E-7.008, F.A.C. with the following exceptions:

(1) The provisions of subparagraph 63E-7.008(6)(f)1., F.A.C., do not apply to an expedition program when youths’ sleeping quarters are in tents. However, the number of youth sleeping in a tent shall not exceed the capacity for which the tent was designed.

(2) The provisions of subparagraphs 63E-7.008(6)(f)2.-8., F.A.C., do not apply to an expedition program.

(3) One of the three meals that an expedition program provides to youth daily shall be served hot. The program may require youth to assist with meal preparations as part of their survival skill training.

(4) Pursuant to Rule 64E-12.001, F.A.C., an expedition program’s base camp shall be exempted from subsections 64E-12.005(6) and (7), F.A.C., and its wilderness excursion component shall be exempt from all sections of Chapter 64E-12, F.A.C.

Specific Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New________.

 

63E-8.009 Behavior Management.

An expedition program shall comply with the provisions of Rule 63E-7.009, F.A.C. However, during an expedition when room restriction is not an option as a consequence for major infractions, staff may implement an alternative strategy of temporarily separating the youth from the group for up to four hours while providing sight and sound supervision. When separated from the group, the youth shall not be denied basic rights, including meals. Staff shall engage, or attempt to engage, the youth in productive interactions about his or her negative behavior that resulted in separation from the group and alternative prosocial behaviors. Additionally, staff shall use strategies, such as conflict resolution and constructive dialogue, to facilitate the youth’s reintegration into the group. Staff shall document the youth’s separation from the group, including the name of the youth, the precipitating infraction or behavior, the name of the staff who decided to implement the strategy, the name of the staff who provided sight and sound supervision, beginning and ending dates and times, and staff actions to facilitate reintegration of the youth.

Specific Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New________.

 

63E-8.010 Residential Case Management.

An expedition program shall comply with the provisions of Rule 63E-7.010, F.A.C., with the following exceptions:

(1) The program shall ensure completion of a youth’s initial screening, assessment and performance plan prior to the youth leaving the base camp to participate in a wilderness excursion or within 30 days of admission, whichever comes first.

(2) When a youth returns to the base camp from a wilderness excursion less than 14 days prior to his planned release, the program shall conduct the exit conference at least 48 hours prior to the youth’s release. However, the program may conduct the exit conference 24 hours prior to the youth’s release if necessary to accommodate the youth’s JPO, parent, or guardian and facilitate their participation.

(3) The program shall disseminate the youth’s Discharge Performance Summary to the youth’s parent or guardian, the committing judge, and the youth’s JPO within five days after the youth’s graduation or release from the program.

Specific Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New________.

 

63E-8.011 Delinquency Intervention and Treatment Services.

An expedition program shall comply with the provisions of Rule 63E-7.011, F.A.C.

Specific Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New________.

 

63E-8.012 Transfer, Release and Discharge.

An expedition program shall comply with the transfer, release and discharge requirements specified in Rule 63E-7.012, F.A.C., except that the program shall forward the Pre-Release Notification and Acknowledgement form (RS-008, September 2006), with the pre-release notification section completed, to a youth’s JPO prior to the youth leaving the base camp to participate in a wilderness excursion, and the discharge performance summary may be submitted after the youth leaves the program.

Specific Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New________.

 

63E-8.013 Safety and Security.

An expedition program shall comply with the provisions of Rule 63E-7.012, F.A.C., with the following exceptions:

(1) Although staff-to-youth ratios in an expedition program shall be consistent with Rule 63E-7.013, F.A.C., awake supervision and 10-minute checks are not required when staff and youth share a campsite.

(2) Consistent with subsection 63E-8.006(1), F.A.C., an expedition program may limit visitation of any youth engaged in a wilderness excursion.

(3) During a wilderness excursion, boat paddles and shovels that are not in use shall be stored in an area that provides for direct line-of-sight observation by staff to prevent youths’ unauthorized access.

(4) Since it may not be possible to totally restrict youths’ access to areas where flammable, poisonous and toxic items are stored during a wilderness excursion, staff shall be present when youth are in these areas to prevent them from accessing or handling these items.

(5) Expedition program staff supervising youth on a wilderness excursion involving water-related activities shall be certified as specified in subparagraph 63E-7-013(22)(b)1., F.A.C., or certified through successful completion of Outward Bound’s Wilderness First Responder and Emergency Water Safety Course.

Specific Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New________.

 

63E-8.014 Staff Training.

Staff training requirements for expedition programs are consistent with those specified in Chapters 63H-1 and 63H-2, F.A.C.

Specific Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New________.

 

63E-8.015 Program Administration.

Expedition programs shall be administered in accordance with the provisions set forth in Rule 63E-7.016, F.A.C.

Specific Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Joan Wimmer, DJJ Residential Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Frank Peterman, Jr., DJJ Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 27, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 9, 2009