The proposed rule implements Section 985.311, Florida Statutes, establishing program guidelines, standards and requirements for intensive residential treatment programs for offenders less than 13 years of age.

DEPARTMENT OF JUVENILE JUSTICE

RULE NOS.: RULE TITLES:

63E-4.001 Purpose and Scope

63E-4.002 Program Guidelines

63E-4.003 Program Monitoring and Evaluation

63E-4.004 Quality Assurance Standards for Mental Health and Substance Abuse

63E-4.005 Construction

63E-4.006 HIV Testing

63E-4.007 Research Projects

PURPOSE AND EFFECT: The proposed rule implements Section 985.311, Florida Statutes, establishing program guidelines, standards and requirements for intensive residential treatment programs for offenders less than 13 years of age.

SUMMARY: The proposed rule establishes the program guidelines for intensive residential treatment programs, including the standards for monitoring and evaluation, quality assurance measures for mental health and substance abuse, facility construction, the protocol for conducting research, and the requirements governing HIV testing.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No statement of estimated regulatory costs has been prepared.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative, must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 20.316 FS., 985.405 FS., 985.311 FS.

LAW IMPLEMENTED: 985.311 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 (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: April 17, 2006, 10:00 a.m.

PLACE: DJJ Headquarters, Knight Building, Probation Conference Room 108, 2737 Centerview Drive, Tallahassee, Florida.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Clyde Benedix, Policy Development Officer, Department of Juvenile Justice, Office of Administration, 2737 Centerview Drive, Ste. 312, Tallahassee, FL 32399-3100, phone number [phone].

THE FULL TEXT OF THE PROPOSED RULE IS:

 

63E-4.001 Purpose and Scope.

This rule establishes the standards and requirements for the department’s administration of the intensive residential treatment program for offenders less than 13 years of age as required by statute.

Specific Authority 985.311 FS. Law Implemented 985.311(1) FS. History–New________.

 

63E-4.002 Program Guidelines.

An intensive residential treatment program shall include the following components:

(1) Appropriate care, custody and supervision commensurate with the risk presented by the resident population;

(2) Incorporation of restorative justice principles;

(3) Case management;

(4) Admission and orientation;

(5) Discharge;

(6) Health services;

(7) Mental health;

(8) Substance abuse;

(9) Educational services;

(10) Pre-vocational and vocational training;

(11) Mentoring, positive role modeling and positive one-on-one and small group interactions;

(12) Recreation and leisure activities;

(13) Community involvement opportunities;

(14) Treatment modalities that include validated methods of changing negative or inappropriate behavior and promoting pro-social behavior;

(15) Self-sufficiency planning; and

(16) Counseling.

Specific Authority 985.311 FS. Law Implemented 985.311(2) FS. History–New________.

 

63E-4.003 Program Monitoring and Evaluation.

(1) Regional staff shall develop a monitoring plan for each Intensive Residential Treatment Program as it relates to the terms and conditions of the contract, procurement response and expected services to be delivered.

(2) Regional staff shall conduct site visits, assessing program effectiveness, maintaining supporting documentation and ensuring the implementation and completion of corrective actions.

Specific Authority 985.311 FS. Law Implemented 985.311(1), (5) FS. History–New________.

 

63E-4.004 Quality Assurance Standards for Mental Health and Substance Abuse.

(1) The department’s Bureau of Quality Assurance will establish standards for mental health and substance abuse services based on department policy. These standards shall:

(a) Include the credential requirements for mental health service providers working in an intensive residential treatment program as provided for in Chapter 458 or 459, or Chapter 490 and 491, or section 394.466(23), Florida Statutes.

(b) Be reviewed by the department’s Office of Health Services annually.

(c) Be reviewed and updated as required by the Bureau of Quality Assurance annually.

(2) The Bureau of Quality Assurance will monitor and review the intensive residential treatment program annually or as required by the department.

Specific Authority 985.311 FS. Law Implemented 985.311(1), (5) FS. History–New________.

 

63E-4.005 Construction.

(1) The department shall conduct an assessment of the need for additional intensive residential treatment programs prior to the siting or construction of more than one facility in any judicial circuit.

(2) The department shall ensure that any newly constructed or leased facility is designed to comply with the following:

(a) The number of beds per facility shall not exceed 25.

(b) Designated facilities for youth requiring treatment in an intensive residential treatment program shall be separate and secure facilities.

(c) Shall provide adequate space for the activities of the facility, to include sleeping rooms, day rooms and multipurpose areas.

(d) Provide adequate toilets, washbasins and showers consistent with the number of youth in the facility.

(e) Provide appropriate facility designs, which will safely and securely meet the needs of handicapped youth.

(f) Provide adequate classroom space equipped with audio/video surveillance capabilities.

(g) Provide adequate outdoor space that allows for youth to engage in, at a minimum, one hour of outside activity daily.

(3) All siting and construction activities shall comply with local zoning codes and requirements and be in compliance with all state building codes and requirements.

Specific Authority 985.311 FS. Law Implemented 985.311(5) FS. History–New________.

 

63E-4.006 Human Immunodeficiency Virus (HIV) Testing.

(1) Intensive residential treatment programs shall provide for youth to have HIV testing, as well as individual, confidential, pre- and post-test HIV counseling.

(2) Testing procedures and confidentiality of results shall be governed by rule 63M-1.

Specific Authority 985.311 FS. Law Implemented 985.311(4) FS. History–New________.

 

63E-4.007 Research Projects.

(1) All research project requests must follow the department’s Institutional Review Board Proposal Review Process, prior to any contact with youth.

(2) No research project involving contact with youth or access to confidential information may be authorized without the department’s Institutional Review Board and permission from the department’s Secretary.

Specific Authority 985.311 FS. Law Implemented 985.311(4) FS. History–New________.

 

NAME OF PERSON ORIGINATING PROPOSED RULES: Clyde Benedix, Policy Development Officer, Office of Administration, Department of Juvenile Justice.

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULES: Jane McElroy, Assistant Secretary for Administration, Department of Juvenile Justice.

DATE PROPOSED RULES APPROVED BY AGENCY HEAD: January 23, 2006.

DATE NOTICE OF PROPOSED RULE DEVELOPMENTS PUBLISHED IN FAW: February 3, 2006.