Definitions, Youth Admission, Intake and Orientation, Basic Youth Rights, Program Environment, Residential Case Management Services, Residential Programming, Transfer, Release and Discharge, Safety and Security, Program Administration, Facility and ...
DEPARTMENT OF JUVENILE JUSTICE
RULE NOS.:RULE TITLES:
63E-7.100Definitions
63E-7.101Youth Admission, Intake and Orientation
63E-7.102Basic Youth Rights
63E-7.103Program Environment
63E-7.104Residential Case Management Services
63E-7.105Residential Programming
63E-7.106Transfer, Release and Discharge
63E-7.107Safety and Security
63E-7.108Program Administration
63E-7.109Facility and Food Services
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. 44 No. 143, July 24, 2018 issue of the Florida Administrative Register.
63E-7.100 Definitions.
For the purpose of this rule chapter, governing the administration and operation of residential commitment programs for youth, the following words shall have the meanings indicated.
(1) through (6) No change.
(7) Authority for Evaluation and Treatment (AET) – The document that, when signed by a parent or legal guardian, gives the department the authority to assume responsibility for the provision of necessary and appropriate physical and mental health care for to a youth in the department’s physical custody.
(8) through (16) No change.
(17) Comprehensive Physical Assessment (CPA) –A comprehensive physical assessment (exam) performed by a physician (MD), osteopathic physician (DO), physician’s assistant (PA), or advanced practice registered nurse (APRN) advanced registered nurse practitioner (ARNP). The purpose of this assessment is the establishment of a data point, which is used to facilitate the following:
(a) Identification and treatment of acute, chronic, and functional medical and dental problems;
(b) Promotion of growth and development;
(c) Prevention of communicable diseases; and,
(d) Provision of health education.
(18) through (23) No change.
(24) Delinquency Interventions and Treatment Services – Those services implemented or delivered by program staff to address youths’ performance and treatment plan goals. Delinquency interventions and treatment services must demonstrate a level of effectiveness based on one of the following categories:
(a) through (b) No change.
(c) Promising Practice– Manualized curricula that have been evaluated and found to reduce the likelihood of recidivism and address at least one criminogenic need within with a juvenile offending population.
(d) Any other delinquency interventions and treatment services approved by the department.
(25) through (40) No change.
(41) Intersex – A person whose sexual or reproductive anatomy or chromosomal pattern does not fit typical definitions of male or female.
(42) through (47) Renumbered (41) through (46) No change.
(47)(48) Licensed Mental Health Professional –A Psychiatrist licensed pursuant to Chapter 458 or 459, F.S., who is board certified in Child and Adolescent Psychiatry or Psychiatry by the American Board of Psychiatry and Neurology or has completed a training program in Psychiatry approved by the American Board of Psychiatry and Neurology for entrance into its certifying examination, a Psychologist licensed pursuant to Chapter 490, F.S., a Licensed Mental Health Counselor, Licensed Marriage and Family Therapist, or Licensed Clinical Social Worker licensed pursuant to Chapter 491, F.S., or a Psychiatric Nurse as defined in Section 394.455 394.455(23), F.S
(49) through (54) Renumbered (48) through (53) No change.
(55) Positive Achievement Change Tool (PACT) – A JJIS web-based assessment tool that is scored automatically to determine the risk of a youth to reoffend. The PACT uses a series of risk factors such as antisocial attitudes, delinquent peers, impulsivity, substance abuse, or family history that have proven to be related to future offending. As progress is made in the problem areas specific to each child, the PACT is used to calculate and document how the risk level has increased or decreased over time.
(56) through (61) Renumbered (54) through (59) No change.
(60)(62) Residential Assessment for Youth (RAY) Positive Achievement Change Tool (R-PACT) – A JJIS web-based assessment instrument that identifies a youth’s criminogenic needs and assists staff in addressing the youth’s risk and protective factors., that if addressed, would most likely reduce their risk of re-offending. The instrument is specifically designed for residential settings to assist staff in determining the youth’s progress in reducing risk and increasing protective factors.
(63) through (74) Renumbered (61) through (72) No change.
(75) Transgender – A person whose gender identity is different from the person’s assigned sex at birth.
(76) through (82) Renumbered (73) through (79) No change.
(83) Victim Notification of Release– A notification to the victim of a youth’s release or temporary release from a residential commitment program.
(80)(84) Vulnerability to Victimization and Sexually Aggressive Behavior (VSAB) Screening –A screening process to assess a youth’s vulnerability to victimization and sexually aggressive behavior prior to room assignment
(81)(85) Youth Needs Assessment Summary (YNAS) – A summary document in JJIS of all completed evaluations and assessments used to identify strengths and needs. This summary is completed by the case manager and is used to create the youth’s Performance Plan.
Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441 FS. History–New__________.
63E-7.101 Youth Admission, Intake, and Orientation
(1) No change
(2) Youth Intake. The intake process shall incorporate Trauma Responsive Practices.
(a) No change
(b) A full body visual search shall occur for each youth and is designed to check for weapons or concealed items that may pose a safety risk to the youth or to others. The search is also designed to document any distinguishing marks or signs of maltreatment or injury.
1. The program shall conduct the full body visual search in a comfortable, private room with two staff members present, both of the same gender as the youth being searched, with the exception of transgender and intersex youth who shall be given the opportunity to choose based upon their preference. When two staff of the same gender are not available, the search may be conducted by one staff of the same gender, while a staff of the opposite gender is positioned to observe the staff person conducting the search, but cannot view the youth.
2. Staff conducting the full body visual screening shall visually inspect the youth, without touching the unclothed youth.
3. Staff conducting the full body visual screening shall document any Documentation of visible body markings, i.e. scars, bruises, tattoos, or other physical injuries.
(c) A residential commitment program shall complete the following entry screenings immediately upon a youth’s admission. These screenings are used to identify any emergency medical, mental health, or substance abuse conditions of a nature that render admission unsafe or warrant immediate attention. These screenings are also used to identify any need for further evaluation.
1. Healthcare Admission Screening shall be conducted for every youth.
2. To screen for mental health and substance abuse, the program shall ensure administration of either the Massachusetts Youth Screening Instrument, Second Version (MAYSI-2) or a Clinical Mental Health Substance Abuse Screening. A direct care staff may assist the youth with the self-administration of the MAYSI-2 on JJIS if he or she is trained in the administration and scoring of the MAYSI-2 consistent with the department’s learning management system Learning Management System requirements. However, a clinical mental health screening shall only be conducted by a licensed mental health professional, and a clinical substance abuse screening shall only be conducted by a licensed qualified Licensed Qualified professional. Clinical screenings require the use of valid and reliable screening instruments.
(d) All youth admitted to residential commitment programs shall be screened for vulnerability to victimization and sexually aggressive behavior prior to room assignment. Room assignments by staff shall ensure a youth’s potential for victimization or predatory risk has been reviewed. The screening will be completed using a tool that addresses developed by the Department and considers the following:
1. Prior sexual victimization or abusiveness as well as other forms of interpersonal victimization;
2. Any gender nonconforming appearance that makes the youth or manner or identification as lesbian, gay, bisexual, transgender, or intersex, and whether the youth may therefore be vulnerable to sexual abuse;
3. through 9. No change.
10. Youth’s perception of vulnerability; and
11. Youth’s gender identity; and
11.12. Any other specific information about individual youth that may indicate heightened needs for supervision, additional safety precautions, or separation from certain other youth.
(e) Youth may not be disciplined for refusal to answer any particular question on the screening instrument or for not disclosing complete information.
1. Information gathered by the admissions staff shall be entered into the youth case file. Should information be obtained during the screening that could affect the youth’s status (example: admission of sexual assault on others) this information shall also be transmitted to the appropriate staff making room assignment decisions. Youth responses to questions shall be on a need-to-know basis to ensure that sensitive information is not exploited to the youth’s detriment by staff or other youth.
2. through 6. No change.
(f) Unless a youth is being admitted into a residential commitment program directly from secure detention, a correctional facility, or another program, a shower, including shampooing hair, is required. Two staff of the same gender as the youth shall supervise the newly admitted youth during this shower, with the exception of transgender and intersex youth who shall be given the opportunity to identify whom they prefer to supervise this activity.
(g) No change.
(3) No change.
(4) 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 include, at a minimum, the following:
1. through 8. No change.
9. Youth’s gender identity;
10. Any gender nonconforming appearance or manner or identification as lesbian, gay, bisexual, transgender, or intersex, and whether the youth may therefore be vulnerable to sexual abuse;
9.11. Identified or suspected risk factors, such as medical, suicide, and escape or security risks; and
10.12. Any other specific information about individual youth that may indicate heightened needs for supervision, additional safety precautions, or separation from certain other youth.
(b) The results of the youth’s VSAB screening shall be used in making room assignment to ensure vulnerable or sexually aggressive youth are not assigned a roommate believed to pose a risk.
(c) Lesbian, gay, bisexual, transgender, or intersex youth shall not be placed in particular housing, bed, or other assignments solely on the basis of such identification or status. A transgender or intersex youth’s own view with respect to his or her own safety shall be given serious consideration. Lesbian, gay, bisexual, transgender or intersex identification or status is not an indicator of likelihood of being sexually abusive. Placement shall be considered on a case-by case basis whether the placement will ensure the youth’s health and safety, and whether the placement would present management or security problems. Placement and programming assignments for each transgender or intersex youth shall be reassessed at least twice each year to review any threats to safety experienced by the youth.
(d) through (e) Re-designated (c) through (d) No change.
(e)(f) Initial classification shall include entering the youth into the facility’s internal alert system. The system shall be A continually updated and, internal alert system that is easily accessible to program staff, keeping and keeps them alerted about youth who are security or safety risks, which shall include including escape risks, suicide or other mental health risks, medical risks, sexual predator risks, and other assaultive or violent behavior risks. Medical alerts and suicide or mental health alerts are additionally governed by Rules 63M-2.004 and 63N-1.006, F.A.C., respectively. The program shall design and implement its alert 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 staff may downgrade or discontinue recommend downgrading or discontinuing a youth’s alert status in these instances:
1. A licensed mental health professional or mental health clinical staff person for suicide risk alerts or 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 all other alerts not covered by subparagraphs 1 and 2, above security alerts.
(f)(g) When mental health, substance abuse, physical health, security risk factors, or special needs related to a newly admitted youth are identified during or subsequent to the classification process, a residential commitment program shall immediately enter this information into its internal alert system and the JJIS alert system.
(g)(h) A residential commitment program shall establish and maintain critical identifying information and a current photograph that are easily accessible to verify a youth’s identity as needed during his or her stay in the program.
1. No change.
2. The program shall maintain the following critical identifying information for each youth in an administrative hard-copy file that is easily accessible and mobile in the event of an emergency situation that results in the program relocating quickly or in the event needed information cannot be accessed electronically.
a. through l. No change.
m. Overall health status, including chronic illnesses, current medications and allergies; and
n. Personal physician (if known); and.
o. Photograph of youth.
(5) Safety Planning Process for Youth. A residential program shall conduct an on-going safety planning process for each youth. The safety plan shall be designed to identify stimuli that have both positive and negative effects on the youth.
(a) The plan shall address include, but is not limited to, the following topic areas:
1. Warning Signs as gathered from the youth, from collateral contacts or from parent(s)/guardian(s) that the youth’s behavior may be escalating;
2.-6. No change.
(b) No change.
(6) No change.
Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441 FS. History-New __________.
63E-7.102 Basic Youth Rights.
(1) No change
(2) Youth Hygiene.
(a) No change.
(b) Residential commitment program staff shall provide hygiene instruction and assistance to youth, when necessary. and shall accommodate the need for:
1. Females to use the restroom or bathe more frequently during their menstrual cycles; and
2. Youth to bathe more frequently when engaging in strenuous outdoor exercise or work projects during hot weather, if the program’s schedule permits.
(c) No change.
(d)Transgender and intersex youth shall be allowed to shower separately from other youth.
(d)(e) A residential commitment program shall provide clean clothing, bedding and towels that are in good condition or repair.
(3) Dress Code.
(a) through (b) No change.
(c) The dress code for youth shall:
1. through 3. No change.
4. Prohibit jewelry except for a medical alert bracelet, or if authorized by the program, a watch.;
(d) The program shall establish an internal process to review and provide a timely response to a youth’s request for exemption from the dress code based on a religious belief or gender identity. The program shall accommodate a youth’s religious belief or gender identity, unless it is determined that doing so would compromise the safe and secure operation of the program.
Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441 FS. History-New __________.
63E-7.103 Program Environment
(1) through (3) No change.
(4) Visitation. A residential commitment program shall develop a policy and procedure to provide visitation for youth and, at a minimum, shall address the following:
(a) through (f) No change.
(g) Measures to prevent the introduction of contraband into the program to include:
1. through 2. No chang.
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 (e.g., staff witnesses unauthorized physical contact indicating an attempt to conceal);
4. through 8. No change.
(h) Termination of the visit if the youth or visitor violates the program rules, becomes 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.
(5) Stakeholder Access: All stakeholders must sign and abide by the department’s Stakeholder and Media Facility Visitors (Stakeholders and Media) Confidentiality Agreement (RS 100, July 2018), which is incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No+Ref-0000, and is available by contacting: DJJ, Office of Residential Services, 2737 Centerview Drive, Tallahassee, FL 32399.
(a) No change
(b) A request for an after-hours tour between the hours of 11:00 p.m. and 6:00 a.m. must be submitted to and approved by the Assistant Secretary for Residential Services at least 14 days prior to the tour. Stakeholders taking an after-hours tour will not be permitted access to any areas where youth are sleeping.
(c)(b) All stakeholders entering high-risk and maximum-risk programs are subject to electronic searches. Electronic searches of stakeholders entering non-secure programs are optional, as outlined in the program’s operating procedures.
(6) News Media Tours. Permission for visits by bona fide news media representatives shall not be unreasonably withheld. It shall be the responsibility of the news media representatives requesting the visitation to present to the Office of Communications evidence sufficient to establish that such person is a bona fide news media representative and to provide the information sufficiently in advance that it may be verified.
(a) No change.
(b) News media tours of a juvenile residential commitment facilities shall be pre-arranged with the Office of Communications at least five (5) working days prior to arrival. The following conditions apply:
1. through 15. No change.
16. All news media representatives must sign and abide by the department’s Stakeholder and Media Facility Visitors (Stakeholders and Media) Confidentiality Agreement (RS 100, July 2018), which is incorporated in subsection (5), above.
Rulemaking Authority 985.64, 985.601(3)(a),985.6885(4) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441,985.6885 FS. History-New __________.
63E-7.104 Residential Case Management Services.
(1) through (4) No change.
(5) Assessment: A residential commitment program shall provide assessment services as follows:
(a) Initial Assessment. The program shall ensure that an initial assessment of each youth is conducted within 30 days of admission. The program shall maintain all documentation of the initial assessment process in JJIS on the Youth Needs Assessment Summary (YNAS). The YNAS (RS 13, May 2010), which is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No+Ref-0000, or may be obtained by contacting: DJJ, Office of Residential Services, 2737 Centerview Drive, Tallahassee, FL 32399.
1. Criminogenic Risks and Needs: The program shall assess each youth using the RAY R-PACT to identify criminogenic risk and protective factors, prioritizing the youth’s criminogenic needs.
2. No change.
3. Physical Health. The Health Related History (HRH) must be conducted by a licensed nurse pursuant to Chapter 63M-2, F.A.C. The Comprehensive Physical Assessment (CPA) must be conducted by a physician, physician assistant, or advanced practice registered nurse practitioner (APRN)(ARNP).
4. No change.
(b) Reassessment. The program shall determine and document changes in each youth’s risks and needs using the RAY R-PACT so that updated information is available when the intervention and treatment team prepares a 90-day Performance Summary. Additionally, the program shall ensure that any other updates or reassessments are completed when deemed necessary by the intervention and treatment team to effectively manage the youth’s case. The program shall maintain all re-assessment case management documentation in the youth’s official case record. Any mental health evaluation or substance abuse evaluation must be documented and permanently filed in the youth’s Individual Healthcare Record.
(6) Performance Plan. A residential commitment program shall ensure that each youth has a performance plan with individualized delinquency intervention goals to achieve before release from the program. Based on the findings of the initial assessment of the youth, the intervention and treatment team, including the youth, shall meet and develop the performance plan within 30 days of the youth’s admission.
(a) through (b) No change.
(c) To facilitate the youth’s rehabilitation or promote public safety, the intervention and treatment team may revise the youth’s performance plan based on the RAY RPACT reassessment results, the youth’s demonstrated progress or lack of progress toward completing a goal, or newly acquired or revealed information. Additionally, based on the transition conference, the intervention and treatment team shall revise the youth’s performance plan as needed to facilitate transition activities targeted for completion during the last 60 days of the youth’s stay in the program.
(d) through (e) No change.
(7) through (8) No change.
(9) Performance Review and Reporting.
(a) Performance Reviews. A residential commitment program shall ensure that the intervention and treatment team reviews each youth’s performance, RAY RPACT reassessment results, progress on individualized performance plan goals, positive and negative behavior, to include behavior that resulted in physical interventions.
(b) through (c) No change.
(10) through (11) No change.
(12) Management of Sexually Violent Predator (SVP) Eligible Cases. A residential commitment program shall notify the DCF multidisciplinary team and the applicable State Attorney establish and implement a tracking system to ensure that any case of a youth who is screened by the department as potentially eligible for involuntary commitment as an SVP. is managed as follows:
(a) through (b) No change.
Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441 FS. History-New __________.
63E-7.105 Residential Programming
A residential commitment program shall provide delinquency interventions and treatment services that are gender-specific and that focus on preparing youth to live responsibly in the community upon release from the program. The program shall design its delinquency interventions and treatment services and service delivery system based on the common characteristics of its primary target population, including age, gender, and special needs, and their impact on youths’ responsivity to intervention or treatment. However, the program shall individualize and coordinate the provision of delinquency interventions and treatment services based on each youth’s prioritized risk and needs as identified through the RAY RPACT, and document services delivered in the youth’s individual management record. The program shall individualize treatment services based upon each youth’s diagnoses, symptoms, and needs, and document treatment services in the youth’s Individual Healthcare Record.
(1) through (4) No change.
Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441, 985.64(2), FS. History-New __________.
63E-7.106 Transfer, Release and Discharge.
(1) Transfer.
(a) A residential commitment program may request to transfer a youth to a higher, lower, or same restrictiveness level program by submitting a Transfer Request Form, Commitment/Transfer Packet Checklist and a transfer Performance Summary to a regional transfer administrator designated by the department. The transfer Performance Summary shall describe efforts by the program to meet the youth’s treatment needs and to modify or manage non-compliant behavior. A requesting program shall complete a Request for Transfer Transfer Request Form (RS 010, July 2017), which is incorporated by reference and is available electronically at http://www.flrules.org/Gateway/reference.asp?No+Ref-0000, or may be obtained by contacting: DJJ, Office of Residential Services, 2737 Centerview Drive, Tallahassee, FL 32399. The request shall be based on at least one of the following:
1. through 6. No change.
(b) The transfer administrator shall conduct a transfer staffing if a youth is being considered for transfer to a higher restrictiveness program, and may conduct a transfer staffing in other cases when he or she deems necessary. If the transfer administrator schedules a transfer staffing, the program requesting the transfer shall:
1. Send the Transfer Staffing Notification Form, and the transfer Performance Summary to the youth’s parent(s), guardian, or supportive person(s), copying the youth, the youth’s JPO, the DCF foster care worker, if applicable, and any attorneys of record, including the defense attorney and state attorney. The Transfer Staffing Notification Form, (RS 006, July 2017) is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No+Ref-0000, or may be obtained by contacting: DJJ, Office of Residential Services, 2737 Centerview Drive, Tallahassee, FL 32399;
2. Complete the Commitment/Transfer Packet Checklist (JJ/IS Form 20, February 2019 April 2018), which is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No+Ref-0000, or may be obtained by contacting: DJJ, Office of Residential Services, 2737 Centerview Drive, Tallahassee, FL 32399.
3. through 5. No change.
(c) through (f) No change.
(2) Release.
(a) When planning for the release of any youth who is clearly not subject to involuntary commitment as a SVP, a residential commitment program shall comply with the following provisions.
1. A program shall forward the Pre-Release Notification and Acknowledgment form, with the pre-release notification section completed, and the release Performance Summary to the youth’s JPO at least 45 days, or in the case of a sex offender who is not SVP eligible at least 90 days, prior to the youth’s planned release date. The Pre-Release Notification and Acknowledgment Form, (RS 008, February 2019 July 2017) is incorporated into this rule and is accessible electronically at http://www.flrules.org/Gateway/reference.asp?No+Ref-0000, or may be obtained by contacting: DJJ, Office of Residential Services, 2737 Centerview Drive, Tallahassee, FL 32399.
a. through c. No change
d. The program shall not release any youth without written notification from the JPO or the JPO’s supervisor that documents the court’s approval or confirms that the release is considered approved because the court did not respond within 10 days of the department’s request. Upon notification that a release request has been approved or is considered approved, the program shall provide written notification of the planned release to the youth’s parent(s), guardian, or supportive person(s), and then complete an RAY R-PACT exit assessment.
2. If a youth’s offense is homicide pursuant to Chapter 782, F.S., a sexual offense pursuant to Chapter 794, F.S., attempted murder or a sexual offense pursuant to Chapter 777, F.S., stalking pursuant to Section 784.048, F.S., or domestic violence pursuant to Section 741.28, F.S., the program shall notify the youth’s victims or their designees prior to releasing the youth unless the youth’s JPO has provided the program with a waiver of notification rights signed by the victims or their designees.
a. No change
b. The program shall mail the Victim Notification of Release Form letter to the victims or their designees at least 10 working days prior to the youth’s release or, if circumstances beyond the program’s control prevent this, as soon thereafter as possible before the youth’s release. The program shall document all notifications and attempted notifications and shall copy the youth’s JPO and the youth’s individual management record on the notification letter. The Victim Notification of Release Form (RS 011, July 2017) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No+Ref-0000, or may be obtained by contacting: DJJ, Office of Residential Services, 2737 Centerview Drive, Tallahassee, FL 32399.
c. No change.
3. through 4. No change.
(b) through (c) No change.
(3) Discharge. When a youth is being directly discharged rather than released to post-commitment probation or conditional release supervision, a residential commitment program shall comply with the notification requirements for release, with the following exceptions:
(a) through (b) No change.
(c) If a youth in a residential commitment program is taken into custody by law enforcement as an adult for crimes that occurred prior to or during residential placement, the program shall:
1. Obtain a signature of the law enforcement officer taking custody of the youth, provide them a copy of the youth’s commitment order, and provide them a copy of the completed Request for Notification When Youth Is Ready for Release form. The Request for Notification When Youth Is Ready for Release Form, (RS 009, September 2006) is incorporated within this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No+Ref-0000, or may be obtained by contacting, DJJ, Office of Residential Services, 2737 Centerview Drive, Tallahassee, Florida 32399;
2.through 3. No change.
(d) through (e) No change.
Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441 FS. History-New __________.
63E-7.107 Safety and Security.
(1) No change
(2) Youth Searches. Before program staff conduct any full body visual screening 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.
(a) Staff shall not search or physically examine a transgender or intersex youth for the sole purpose of determining the youth’s genital status. If the youth’s genital status is unknown, it may be determined during conversation with the youth, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted by a medical practitioner.
(b) Frisk and Full Body Visual Searches. Staff conducting a search shall be of the same sex as the youth being searched, except that transgender and intersex youth shall be given the opportunity to choose based upon their preference. When two staff of the same gender are not available for a full body visual search, the search may be conducted by one staff of the same gender, while a staff of the opposite gender is positioned to observe the staff person conducting the search, but cannot view the youth. All cross-gender full body visual searches and cross-gender frisk searches shall be documented in the logbook and the youth’s case management record.
(c) through (e) Re-designated (b) through (d) No change.
(3) through (8) No change.
(9) Contraband. A residential commitment program shall develop a policy and procedure for contraband. The policy and procedure must address, but is not limited to, the following areas:
(a) through (f) No change.
(g) Documentation: The program must develop a process Process for documenting contraband incidents, searches, and the result of each search. Any item or situation which may compromise safety or security shall be reported immediately to the Facility Administrator or designee. Programs must ensure that a staff member is designated for this purpose 24 hours per day, seven days a week. An incident report identifying findings and the disposition of the contraband shall be completed;
(h) No change
(10) through (13) No change.
(14) Controlled Observation. A 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) through (c) No change.
(d) 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.
1. A healthcare professional or a staff person of the same gender as the youth shall conduct the visual check unless a same-gender staff person is unavailable in the vicinity, in which case a staff person of the opposite gender may conduct the visual check. Transgender and intersex youth shall be given the opportunity to choose the gender of the staff for the above-mentioned checks.
2. through 3. No change.
(e) No change.
(f) A staff person of the same gender 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. Transgender and intersex youth shall be given the opportunity to indicate their preference of the gender of staff involved in a frisk search.
(g) through (k) No change.
(15) through (16) No change.
(17) 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) through (b) No change.
(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 to transport youth shall pass an annual safety inspection by the Program Director or designee.
2. through 3. No change.
(18) No change.
(19) Disaster and Continuity of Operations Planning. A residential commitment program shall develop a coordinated disaster plan and a continuity of operations plan (COOP), or it may choose to develop one comprehensive plan that incorporates both. The plan(s) 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.
(a) The program’s disaster plan shall:
1. through 2. No change.
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. Address the preservation of youth information to include, at a minimum, a photo of the youth, the parent(s) or guardian contact information and the youth’s related health care needs (including medications, the IHCR and necessary medical supplies);
5. through 8. No change.
(b) No change.
(20) through (21) No change.
Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441 FS. History-New.
63E-7.108 Program Administration.
(1) through (12) No change.
(13) 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 every 90-120 days. 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, and if possible a representative from the LGBTQI 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) through (d) No change.
(14) through (16) No change.
Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441 FS. History-New __________.
63E-7.109 Facility and Food Services
(1) through (2) No change.
(3) A residential commitment program shall establish and implement cleaning schedules, a pest control system, a garbage removal system, and a facility maintenance system that, at a minimum, the facility maintenance system shall include maintenance schedules and timely repairs based on visual and manual inspections of the facility structure, grounds, and equipment, which shall be conducted bi-weekly, monthly, quarterly, semi-annually, yearly, and every three (3) years as prescribed in the Preventive Maintenance Checklist (RS 123, February 2019 August 2016), which is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No+Ref-0000, or may be obtained by contacting: DJJ, Office of Residential Services, 2737 Centerview Drive, Tallahassee, Florida 32399.
(4) The siting of any new facility or structure for a residential commitment program shall be in accordance with applicable statutes and local codes governing new construction, but must include at a minimum:
(a) through (h) No change.
(5) Newly leased facilities shall be in accordance with the Office of State Fire Marshall requirements for leased space pursuant to Section 633.01, F.S.
(6) through (8) Renumbered (5) through (7) No change.
Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441 FS. History-New __________.
