The amendments update the rule sections governing the transition of youth from residential commitment to community supervision, coordinating the activities of the Department's Residential and Probation program areas.

 

DEPARTMENT OF JUVENILE JUSTICE

Transition

RULE NO. RULE TITLE:

63T-1.002 Definitions

63T-1.003 Community Supervision

63T-1.004 Residential Commitment Program

63T-1.005 Community Re-Entry Team

PURPOSE AND EFFECT: The amendments update the rule sections governing the transition of youth from residential commitment to community supervision, coordinating the activities of the Department's Residential and Probation program areas.

SUMMARY: The rule amendments update the transition process, providing an electronic education exit plan and formalizing the responsibilities of the community reentry team.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The SERC Checklist and current information available to the Department indicates that the statutory threshold for ratification will not be exceeded.

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.

RULEMAKING AUTHORITY: 985.64, FS.

LAW IMPLEMENTED: 985.433, 985.435, 985.46, 985.601, 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: Wednesday, June 2, 2021, 10:00 a.m.

PLACE: DJJ Headquarters, 2737 Centerview Dr., General Counsel's Conference Room 3223, Tallahassee, Florida. For information about participation by telephone, contact John Milla at (850)8=921-4129.

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:

63T-1.002 Definitions.

For the purpose of this rule chapter, the following terms are defined as follows: words shall have the meaning indicated.

(1) No change

(2) Community Reentry Team (CRT) ‒ A team established in each judicial circuit in partnership with a school district transition contact to identify community resources for youth returning from residential commitment. The CRT Community Reentry Team should include the supervising Juvenile Probation Officer (JPO), residential case manager, representation from the department, case managers responsible for continuity of programming for youth exiting commitment programs, representatives from of other agencies involved with the a youth, community law enforcement, educational entities, the One Stop Career Center and individuals specific to each youth served by the committee.

(3) Conditional Rrelease (CR) – Assessment and intervention services provided to youth who are released from residential commitment programs. Under the legal status of conditional release, the youth remains on commitment status and is subject to transfer back to a residential commitment program if noncompliant.

(4) Direct Discharge – The release of a youth from a residential commitment program who is no longer under the jurisdiction of the court. This is frequently called Direct Discharge.

(5) Electronic Education Exit Plan – A document that details a youth’s current educational status while in residential commitment and potential educational placements post-release.

(5) through (12) renumbered (6) through (13) No change.

(14)(13) Post-Ccommitment Pprobation (PCP) – Assessment and intervention services provided to youth who are released from residential commitment programs. Under the legal status of post-commitment probation, the youth is legally transferred from commitment status to probation status, and is subject to court-ordered sanctions.

(15)(14) Post-Rresidential Services Case Manager – The person supervising the youth’s post-commitment probation or conditional release after the youth’s release or discharge from a residential commitment program.

(16)(15) Pre-Release Notification and Acknowledgement (PRN) – A three-part form initiated by a residential commitment program to give prior notification to the JPO of a youth’s planned release, then allows for the JPO to add additional information pertinent to the release, and finally allows for the court’s approval or deemed approval by the court of the release.  The Pre-Release Notification and Acknowledgement form (RS 008, February 2019 September 2006) is incorporated into this rule and is accessible electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-02674 or http://www.djj.state.fl.us/partners/forms-library/-in-Subjects/Subjects/residential-rule.

(17)(16) Release – Refers to when a youth re-enters his or her home community after successfully completing and exiting a residential commitment program.

(18)(17) Transition Conference – A conference, conducted at least 60 days prior to a youth’s anticipated release from a residential commitment program, wherein the youth, residential program staff, the youth’s JPO or and/or post-residential services case manager, and the youth’s parent or guardian establish transition activities, with accompanying responsibilities and timelines, to facilitate the youth’s successful release and reintegration into the community.

(19)(18) Transition Liaison – An identified probation staff, designated by the Chief Probation Officer, JPO in each judicial circuit who functions as the transition specialist within their local area and works as a liaison with the Reentry Teams and residential commitment programs.

(20)(19) Transition Planning – The process of establishing transition activities to facilitate a youth’s successful release from a residential commitment program and reintegration into the community.

Rulemaking Authority 985.64 FS. Law Implemented 985.433(7)(c), 985.435, 985.46, 985.601(3)(a) FS. History‒New 6-11-13, Amended __________.

 

63T-1.003 Juvenile Probation Officer Responsibilities. Community Supervision.

(1) Pre-Commitment. At disposition, the JPO Juvenile Probation Officer (JPO) will address the youth’s post-commitment supervision status with the court. If ordered, post-commitment supervision includes either post-commitment probation or conditional release. Otherwise, the youth will be a direct discharge. future suitability of post-placement supervision for all youth for at least 90 days following their release from a residential commitment program. Post-placement supervision may be in the form of post commitment probation ordered by the court at disposition, or while the child remains on committed status after conditional release from the residential program. Additionally, information must be gathered by the JPO during the commitment staffing and through a review of collateral documentation that identify challenges to the youth’s successful transition. The JPO must provide this information to the intervention and treatment team during the first 60 days of placement.

(2) Case management of youth in residential commitment. The supervising JPO must identify potential roadblocks to the youth’s successful transition and submit the information to the treatment team within the first 60 days of placement. Regardless of post-residential supervision status, all youth shall benefit from the department’s transition planning process. The JPO from the youth’s home community plays an important role in the successful completion of a youth’s residential stay. All youth, whether released to PCP, Conditional Release or direct discharged shall receive the benefit of the same release planning process. The JPO must:

(a) Participate in intervention and treatment team meetings unless written authorization is obtained in advance from their supervisor. If the JPO does not participate in person, telephonically, or if available, through web-based video phone, they shall follow-up with the residential case manager and youth within three working days 72 hours of the meeting. with the program and youth to confirm progress and identify actions that need to be initiated in the youth’s home community by the JPO.

(b) Contact the youth’s parent or guardian at least once Make at least one phone call per month via in person meeting, telephone, or web-based video phone during the youth’s placement. If the youth is 18 years of age or older, they may request, in writing, their parent or guardian not be contacted. to the youth’s parent or guardian unless a youth 18 years of age or older has requested in writing that his or her parent not be contacted. Each contact call will be documented in JJIS case notes. These contacts phone calls must be transition focused and used to identify any unaddressed family needs that may inhibit a successful transition.

(3) Transition. The treatment team shall consist of all program staff involved with the youth, the JPO, the youth, the youth’s family, and other community members invested in the youth’s success. The transition plan is a comprehensive document outlining the steps a youth must take to successfully transition back to the community including post-residential services and court ordered sanctions.  The JPO, or designee, must participate in the transition conference, via in-person, telephone, or web-based video phone, held in accordance with paragraph 63T-1.004(1)(a), F.A.C. Youth’s success is dependent upon the intervention and treatment team, which includes key individuals invested in the youth’s success, developing a transition plan for each youth that identifies all required actions for community re-integration. The JPO or designee must participate in person, telephonically, or if available, through web-based video phone in the transition conference held in accordance with paragraph 63T-1.004(1)(a), F.A.C. Through this participation the JPO shall identify returning youth with unmet treatment and service needs or other barriers to release. The JPO shall refer these identified cases to the Transition Liaison to determine if the case shall be presented to the Community Reentry Team. The JPO, transition liaison, and treatment team shall ensure that:

(a) Living arrangements have been identified for the youth;

1. If a youth does not plan to return to the county or circuit with jurisdiction, the receiving circuit’s JPO will host the community re-entry team meeting. The sending JPO will complete the case summary and participate in the community re-entry team meeting.

2. The JPO in the circuit with jurisdiction shall arrange a courtesy supervision request within 10 working days of learning of the relocation request. Courtesy supervision is performed by department staff outside the county of jurisdiction due to the youth’s relocation.

(b) Transportation arrangements from the program to their home or pre-determined location community have been made. If the family is unable to provide transportation for the youth, the JPO and program staff shall determine responsibility depending on the following factors: Once a Juvenile Probation Officer has exhausted all means of family transportation, the responsibility resides with the Juvenile Probation Officer and/or residential program to complete these arrangements as follows:

1. Youth who live within 75 miles of the commitment program – Transportation home will be provided by program staff.

2. Youth who live more than 75 miles but less than 300 miles from the program – The youth will be transported by the program to a location pre-arranged with the youth’s Juvenile Probation Officer, who will then take the youth the rest of the way home. The meeting point for the transfer of the youth must be flexible so that the round trip can take place within 8 hours.

3. Youth who live 300 plus miles from the program – The program Juvenile Probation Officer will register the youth with the local regional detention center for transport. and communicate the specific arrangements to the residential commitment program. The residential commitment program will transport the youth to the local detention center who will then transport the youth to the detention center closest to the youth’s residence. The JPO will coordinate with the parent or guardian to ensure the youth is met at the receiving detention center. If the parent or guardian is unable to provide the transportation, and the JPO has exhausted all other sources, the JPO will complete the transport. If the parent is unable to transport the youth home from the detention center, the Juvenile Probation Officer will complete the transport.

(c) Outstanding service needs and interventions are identified. These needs may include be for things such as mental health and substance abuse treatment, as well as educational and vocational training services, mentoring, employment assistance, childcare child care, and or Medicaid eligibility;

(d) A case summary is presented to the CRT; Community Reentry Team if appropriate;

(e) Contact information for the youth’s Department of Children and Families case worker (DCF) or other agency staff working with the youth is obtained if appropriate; and,

(f) The information on the Pre-Release Notification (PRN) provided by the program is correct and is that it gets forwarded to the court of jurisdiction within three working days of receipt.

1. If the court does not respond to the PRN within 10 days (14 days for adult court) the JPO will fill out section E as the PRN will be considered approved.

2. In the event a youth is committed in two separate jurisdictions, the JPO and program must ensure PRN’s go to both courts prior to release. 

3. If the JPO and commitment program cannot come to an agreement regarding the youth’s PRN, the decision must be raised up through the chain of command for both Probation and Residential Services. The final decision would then become the responsibility of the two Regional Directors or their designees, and then if needed, the Assistant Secretaries or their designees.

(4) No change.

Rulemaking Authority 985.64 FS. Law Implemented 985.433(7)(c), 985.435, 985.46, 985.601(3)(a) FS. History‒New 6-11-13, Amended __________.

 

63T-1.004 Residential Commitment Program.

(1) Transition Planning. When developing each youth’s performance plan and throughout its implementation during the youth’s stay, a residential commitment program shall ensure that the intervention and treatment team is planning for the youth’s successful transition to the community upon release from the program. The intervention and treatment team shall intensify its transition planning as the youth nears his or her targeted release date as follows:

(a) Transition Conference. In a program with a length of stay over 90 days, the intervention and treatment team shall conduct a transition conference at least 60 days prior to the youth’s targeted release date or 90 days for sex offenders. In any program with a length of stay of 90 days or less, the exit conference, addressed in paragraph 63T-1.004(1)(b), F.A.C., shall suffice to address all necessary pre-release transition activities.

1. through 3. No change.

4. In notifying the JPO of the youth’s planned release date, the commitment program shall forward the Pre-Release Notification and Acknowledgment (PRN) form to the JPO at least 45 days prior to the youth’s planned release date (90 days for sex offenders not meeting statutory criteria for involuntary civil commitment of sexually violent predators to DCF as set forth in Chapter 394, F.S.).

(b) No change.

(2) Transitional Treatment Planning. Consistent with transition planning required in subsection 63T-1.004(1), F.A.C., the program shall facilitate healthcare transitional planning and the exchange of information to maintain continuity of care for a youth who is released from a program.

(a) Healthcare Transition Discharge Planning – At least a seven-day 7 day supply of the youth’s medication shall be provided to the youth and parents or guardians at the time of release from the program. The medication must be in an individually labeled, youth-specific, prescription container generated by a pharmacy vendor. Prescription medications shall not be released solely to minor youth. A 30-day paper prescription from the facility DHA, designee, PA, or ARNP for any non-narcotic medication that the youth will continue after release will be provided to the youth’s parent or guardian or directly to the youth if over 18 years of age.

(b) Mental Health and Substance Abuse Transition/Discharge Planning.

1. During the final phase of mental health or substance abuse treatment, the mental health clinical staff person or substance abuse clinical staff person, treatment team and youth shall establish a transition/discharge plan whereby improvements made during mental health and/or substance abuse treatment will be maintained upon the youth’s movement from one facility to another, or return to the community.

2. A transition/discharge plan shall be documented on the Mental Health/Substance Abuse Treatment Discharge Summary Form (MHSA 011, October 2014 August 2006) which is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-02675, or the department’s website at http://www.djj.state.fl.us/partners/forms-library/-in-Subjects/Subjects/Mental-Health-and-Substance-Abuse. http://www.djj.state.fl.us/partners/forms-library. A copy of the Mental Health/Substance Abuse Treatment Discharge Summary Form will be provided to the youth, the youth’s assigned Juvenile Probation Officer, and also to the parent/legal guardian when the youth’s written consent for release of substance abuse information to the parent/guardian has been obtained in accordance with consent provisions in Rules 63E-7.010 and 63T-1.004, F.A.C.

3. through 4. No change.

(3) No change.

Rulemaking Authority 985.64 FS. Law Implemented 985.433(7)(c), 985.435, 985.46, 985.601(3)(a) FS. History‒New 6-11-13, Amended __________.

 

63T-1.005 Community Reentry Team

(1) A community-based team shall be established in each judicial circuit to review all youth returning to the community from residential commitment. cases identified for staffing.

(a) CRT Meeting - The Community Re-entry Team meeting shall occur after the Transition Conference, but prior to the Exit Conference.

(b) The JPO or transition liaison shall send the invitations for the Community Re-Entry Team to all required parties, via Microsoft Outlook, a minimum of 14 days prior to the meeting date.

(c) The JPO or transition liaison shall send the case summary to all required parties a minimum of three (3) calendar days prior to the Community Re-Entry Team. Required parties include:

1. The FDJJ Regional Education Coordinator;

2. Residential Case Manager and/or Residential Transition Services Manager;

3. Residential Clinical Therapist (if applicable);

4. Transition contact within the receiving school district;

5. Transition services provider (i.e. Project Connect or Project Bridge);

6. Career Source representative.

(2) The transition liaison, or designee, shall complete the individual Community Re-Entry Case Summary.

(3)(2) Cases presented to the Team shall be scheduled by a Transition Liaison to assist with:

(a) Identifying the appropriate school placement. The JPO and transition liaison shall utilize the information within the Electronic Education Exit Plan to determine the best available school placement for the youth post-release.

(b) Ensuring youth has a place to live;

(c) Coordinating community-based treatment;

(d) Ensuring transportation plans; and,

(e) Reviewing previously presented cases when additional recommendations are needed to help ensure a youth’s successful transition.

(f) Reviewing insurance status;

(g) Discussing level of supervision.

(4) Upon completion of the CRT, the JPO, transition liaison, or designee shall upload the completed Community Re-Entry Case Summary in the Juvenile Justice Information System (JJIS) case notebook module within three (3) working days.

(5)(3) The Transition Liaison must ensure that all team recommendations are communicated to the youth’s assigned JPO.

(6) An emergency CRT may be conducted outside the normal timeframe, at the discretion of the Chief Probation Officer or designee and Residential Facility Director or designee, if unique circumstances exist. Examples of these circumstances include death of an immediate family member, or if probation and residential services informally agree to expedite transition status.

(7) Prior to the exit conference, the transition liaison, or designee, shall complete the Transition Plan for Success and provide a copy to the youth, family, and residential commitment program.

Rulemaking Authority 985.64 FS. Law Implemented 985.433(7)(c), 985.435, 985.46, 985.601(3)(a) FS. History‒New 6-11-13, Amended __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Paul Hatcher, Jr., Asst. Secretary for Probation and Community Intervention

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Josefina M. Tamayo, Acting Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 27, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 18, 2021