Purpose and Scope, Definitions, Authorized Techniques, Supervision of Youth in Mechanical Restraints, Cross-Over Training, Rehired Employee Training, Testing Requirements, Law Enforcement Operations and Partnerships  


  • Rule No. : RULE TITLE :
    63H-1.001: Purpose and Scope
    63H-1.002: Definitions
    63H-1.004: Authorized Techniques
    63H-1.006: Supervision of Youth in Mechanical Restraints
    63H-1.010: Cross-Over Training
    63H-1.011: Rehired Employee Training
    63H-1.013: Testing Requirements
    63H-1.016: Law Enforcement Operations and Partnerships
    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. 36 No. 46, November 19, 2010 issue of the Florida Administrative Weekly.

    63H-1.001 Purpose and Scope.

    This rule establishes a statewide framework to implement procedures governing the use of verbal and physical intervention techniques and mechanical restraints. Protective Action Response (PAR), as authorized by the department, shall be the verbal and physical intervention program trained and utilized by direct care staff in state operated, county or municipally operated, and contracted facilities and programs. PAR verbal intervention is the most common and preferred method of preventing or de-escalating conflict. It is the intent of the department that the least restrictive means of physical intervention be employed based on the individual needs of each youth.

    Rulemaking Authority 985.64, 985.645 985.405, 985.4055 FS. Law Implemented 985.645 985.4055 FS. History–New 11-19-06, Amended 1-13-09,________.

     

    63H-1.002 Definitions.

    (1) through (10) No change.

    (11) Direct Care – Having direct contact with youth for the purpose of providing care, supervision, custody, or control in a state, county or municipally operated or detention facility, delinquency program, or commitment program within any restrictiveness level, operated by the department or by a provider under contract with the department.

    (12) Facility – A contracted, state, county or municipally operated, or county operated secure environment that provides custody, care, supervision or confinement of youth alleged or found to have committed a violation of law. This includes, but is not limited to, secure detention, law enforcement operated facilities, residential commitment programs, day treatment programs, and contracted facility based conditional release programs.

    (13) through (36) No change.

    Rulemaking Authority 985.64, 985.645 985.405, 985.4055 FS. Law Implemented 985.645 985.4055 FS. History–New 11-19-06, Amended 3-4-07, 1-13-09,________.

     

    63H-1.004 Authorized Techniques.

    (1) Protective Action Response, as authorized by the department, shall be the verbal and physical intervention program trained and utilized by direct care staff in state, county or municipally operated county operated and contracted facilities and programs.

    (2) On or before August 31, 2006, existing contracted facilities shall submit a new PAR Training Plan to the Director of Staff Development and Training or designee through the department’s Regional Director or designee, and thereafter notice of any change to this plan shall be submitted as described above within 30 calendar days of the changes’ effective date. Newly contracted, county or municipally operated or county operated facilities, except contracted detention facilities, shall submit their PAR Training Plan as described above no less than 30 calendar days prior to becoming operational. The PAR Training Plan for contracted, or county or municipally operated facility employees shall specify the following:

    (a) through (h) No change.

    (3) No change.

    (4) Direct Care employees in law enforcement operated, or county or municipally operated facilities having been dually certified in the PAR Escalation Matrix, and the CJSTC Response to Resistance Matrix shall be authorized to use the approved CJSTC tactics as outlined on the Response to Resistance Matrix when reasonably necessary to control a youth after the youth exhibits combative resistance as defined in this rule or aggressive physical resistance (defined in CJSTC standards as overt, hostile, attacking movements that may cause injury, but are not likely to cause death or great bodily harm), and after PAR Escalation Matrix techniques have been exhausted; or when the alternatives are considered inappropriate due to the rapid escalation of dangerous behavior. The CJSTC Response to Resistance Matrix (CJSTC Form 85, 2/7/02) is incorporated by reference, and is available from the Director of Staff Development at 2737 Centerview Drive, Alexander Building, Suite 1416, Tallahassee, Florida 32399. This rule does not authorize the use of, and specifically prohibits direct care employees, whether dually certified or PAR certified, from using:

    (a) A Taser on a youth;

    (b) Aerosol or chemical agents, including but not limited to oleoresin capsicum spray;

    (c) Ammonia capsules, unless required for medical treatment of the youth by a licensed medical professional.

    (5) through (6) No change.

    Rulemaking Authority 985.64, 985.645 985.405, 985.4055 FS. Law Implemented 985.645(2)(a) 985.4055(2)(a) FS. History–New 11-19-06, Amended 3-4-07,________.

     

    63H-1.006 Supervision of Youth in Mechanical Restraints.

    (1) through (8) No change.

    Rulemaking Authority 985.64, 985.645 985.405, 985.4055 FS. Law Implemented 985.645(2)(a) 985.4055(2)(a) FS. History–New 11-19-06, Amended__________.

     

    63H-1.010 Cross-Over Training.

    (1) No change.

    (2) When a state operated, county, or municipally operated, or contracted facility hires a PAR certified facility employee who was trained under a different PAR Training Plan, a PAR Instructor shall train the employee, and evaluate the employee’s performance on any techniques that the employee has not been trained to perform. The employee is not required to re-take the written PAR examination. The PAR Instructor shall use the PAR Performance Evaluation for facility employees. If the employee is unable to perform the new techniques, after remediation, the employee shall not be considered PAR certified for purpose of his or her employment in the new facility or program.

    (3) No change.

    (4) Law Enforcement, and county, and municipally operated facility employees certified as Law Enforcement, Correctional, or Detention officers by CJSTC are governed by Rule 63H-1.016, F.A.C.

    Rulemaking Authority 985.64, 985.645 985.405, 985.4055 FS. Law Implemented 985.645(2)(b) 985.4055(2)(b) FS. History–New 11-19-06, Amended________.

     

    63H-1.011 Rehired Employee Training.

    (1) Employees who resign from their employment with the department, county, municipality, or contracted facility or program and are subsequently rehired shall have their PAR certification reinstated by successfully completing PAR training for facility or program employees, whichever is applicable. This subsection is applicable only if the employee has failed to timely and successfully complete the annual in-service training requirement addressed in this section prior to terminating employment.

    (2) through (4) No change.

    Rulemaking Authority 985.64, 985.645 985.405, 985.4055 FS. Law Implemented 985.645(2)(b) 985.4055(2)(b) FS. History–New 11-19-06, Amended 1-13-09,________.

     

    63H-1.013 Testing Requirements.

    (1) through (6) No change.

    (7) Contracted and county or municipally operated facility employees shall be evaluated using the PAR Performance Evaluation for Contracted Facility employees, on various physical intervention techniques specified on the employee’s PAR Training Plan for Contracted Facility employees, using the following guidelines:

    (a) through (g) No change.

    Rulemaking Authority 985.64, 985.645 985.405, 985.4055 FS. Law Implemented 985.645(2)(b) 985.4055(2)(b) FS. History–New 11-19-06, Amended________.

     

    63H-1.016 Law Enforcement, County, and Municipally Operated Facilities and Partnerships.

    (1) All Law Enforcement/Correction/Detention employees must complete, at a minimum, the following training requirements within 90 calendar days of either the employee’s hire date or the effective date of this rule, whichever is later:

    (a) Direct care employees who are certified correctional, correctional probation or law enforcement officers under Chapter 943, F.S., are to successfully complete PAR crossover training for law enforcement personnel. Successful completion requires:

    1. Attendance and participation in a minimum of twenty (20) hours of PAR Training.

    2. A minimum score of seventy-five percent (75%) on the written examination.

    3. One hundred percent (100%) satisfactory performance on the techniques specified on the applicable PAR Performance Evaluation form.

    (b) Direct care employees who are not certified correctional, correctional probation or law enforcement officers under Chapter 943, F.S., are to be certified in PAR.

    (2) CJSTC certified employees and non-CJSTC certified employees shall adhere to the annual training requirements set forth in Rule 63H-1.012, F.A.C., for facility employees.

    (3) All Law Enforcement and county or municipally operated facilities or programs shall submit a PAR Training Plan in accordance with Rule 63H-1.004, F.A.C.

    (4) Facilities or programs that are required to have PAR certified employees must certify employees within the timeframes set forth herein.

    Rulemaking Authority 985.64, 985.645 985.405, 985.4055 FS. Law Implemented 985.645(2)(d) 985.4055(2)(d) FS. History–New 11-19-06, Amended________.