DEPARTMENT OF JUVENILE JUSTICE
ProbationRULE NO: RULE TITLE
63D-4.002: Definitions
63D-4.005: Admission of Youth
63D-4.006: Medication Management
63D-4.008: Release of YouthNOTICE 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. 34, No. 7, February 15, 2008 issue of the Florida Administrative Weekly.
63D-4.002 Definitions.
For purposes of this rule chapter, the following terms shall be defined as follows:
(1) through (2) No change.
(3) Criminal Street Gang – A formal or informal ongoing organization, association, or group that has as one of its primary activities the commission of criminal or delinquent acts, and that consist of three or more persons who have a common name or common identifying signs, colors, or symbols and who have two or more members who, individually or collectively, engage in or have engaged in a pattern of criminal street gang activity as defined in Chapter 874, F.S.
(4) through (10) No change.
Specific Authority 985.64 FS. Law Implemented 985.135 FS. History–New__________.
63D-4.005 Admission of Youth to a JAC.
(1) In order to implement the statutory prohibition in Section 985.115(2), F.S., against the acceptance into the JAC of youth exhibiting symptoms or demonstrating behaviors that suggest the youth is in need of immediate evaluation or treatment due to physical illness/injury, mental illness, or intoxication, each youth must receive an initial medical clearance.
(2) Medical/Mental Health Screening process.
(a) Each youth must receive an initial medical and mental health clearance. Using the Probation Medical and Mental Health Clearance Form (Form HS 051) the screener shall evaluate the condition of each youth prior to being accepted into the JAC for detention screening. The clearance process will help ensure an appropriate response when law enforcement delivers a youth for screening who appears to be physically impaired due to drugs, alcohol, injury, or illness.
(b) If the clearance process reveals one or more of the conditions described in the statute, the law enforcement officer must be informed immediately so they can transport the child to the appropriate facility or to be seen by a qualified health care professional as defined in this protocol. The original police report should not be left at the JAC, but should accompany the child.
(c) There may be situations in which the clearance process indicates one or more of the conditions described in the statute, however, the law enforcement officer disagrees with the resulting need for medical clearance and immediate transport to a more appropriate facility. If the DJJ screener and the law enforcement officer disagree, or if law enforcement refuses to transport the youth to the appropriate facility, the screener will provide the law enforcement officer with copies of Section 985.115(2)(c)-(d)(e), F.S., and the local interagency agreement. (Both should be posted in a prominent place.) If the disagreement has still not been resolved, the screener will contact his/her immediate supervisor who will contact the law enforcement officer’s supervisor, or Shift Commander. The screening supervisor’s decision will be final. Department staff (including providers) and law enforcement staff should subsequently resolve any issues of dispute following the appropriate chain of command
(d) No change.
(e) If EMS determines that the youth requires prompt medical attention or prompt treatment, the youth will be immediately transported to the hospital via ambulance, regardless of his or her screening status. The JAC interagency agreement must identify which staff will accompany the youth to and remain present at the hospital until such time as the parent or guardian arrives (in the case of a youth not eligible for secure detention).
(f) through (h) No change.
(3) No change.
Specific Authority 985.64 FS. Law Implemented 985.135 FS. History–New__________.
63D-4.006 Medication Management While Youth are in a JAC.
(1) through (2) No change.
(3) If any youth taking the medication identified in (1) or (2) above is screened as eligible for secure detention, detention staff will be notified that a youth awaiting placement is using one of the critical medications. JAC staff will need to exhort the parents or guardians to deliver the youth’s medication as soon as possible. Once the medication is available at the JAC, detention staff will be required to retrieve and transport the youth as soon as possible but no later than three (3) hours following notification.
(4) If the youth is on a critical medication, in need of the next dose, and is not eligible for secure detention, the parent or guardian will be notified (with notification attempts documented) to bring the medication when they come to the JAC to pick up their child. In the event that the screener cannot reach the parent or guardian or if they refuse to respond, the screener will make arrangements to transport the youth home, or to a responsible adult and the assigned staff member will verbally advise the parent or the responsible adult of the youth’s need for medication or to a shelter.
(5) No change.
Specific Authority 985.64 FS. Law Implemented 985.135 FS. History–New__________.
63D-4.008 Release of Youth from a JAC.
(1) through (3) No change.
(4) If a youth admitted to a JAC is identified through screening or other sources as a potential suicide threat, but he or she does not meet the criteria requiring immediate transportation to a facility for evaluation, the following is required:
(a) If the youth is to be released to the parent or guardian, the parent or guardian must be informed that suicide risk factors were disclosed during preliminary screening, and that a full assessment of suicide risk should be conducted by a qualified mental health professional. The parent or guardian shall be provided with the form entitled “Suicide Risk Screening Parent /Guardian Notification.” at Appendix O of the Mental Health and Substance Abuse Services Manual (2006). A copy of the youth’s “Suicide Risk Screening Parent /Guardian Notification” form signed by the parent or guardian, is to be permanently filed in the youth’s case management record.
(b) If the youth is being detained in secure detention a Suicide Risk Alert must be immediately entered into JJIS and the youth placed on constant observation until an Assessment of Suicide Risk is conducted. The screener will write “suicide risk” on the top page of the detention packet, verbally notify the Detention Center Superintendent or designee prior to the youth’s transfer from the JAC and notify the transportation staff upon arrival. All of the above must be chronologically documented.
Specific Authority 985.64 FS. Law Implemented 985.135 FS. History–New__________.
