63D-5.001: Purpose and Scope
63D-5.002: Definitions
63D-5.003: Supervision Plans
63D-5.004: Classification and Reclassification
63D-5.005: Contact Standards
63D-5.006: Violations of Supervision
63D-5.007: Termination of Supervision
PURPOSE AND EFFECT: The rule implements the provisions of Section 985.435 and elsewhere in Chapter 985, F.S., requiring the department to administer probation and postcommitment probation programs under classification scales that take into account the child's needs and risks.
SUMMARY: The rule establishes the standards and procedures for the provision of focused probation case management. This includes the use of information gathered during intake, and the creation of an individualized supervision plan based upon risk. The need for reclassification, regular contact, and the methods for dealing with violations of supervision are also addressed.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 985.14, 985.64 FS.
LAW IMPLEMENTED: 985.14, 985.435, 985.601(2) 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: Tuesday, June 12, 2007, 10:00 a.m.
PLACE: DJJ Headquarters, 2737 Centerview Dr., Ste. 312, General Counsels Conference Room, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lydia Monroe, 2737 Centerview Dr., Ste. 312, Tallahassee, FL 32399-3100, e-mail: lydia.monroe@djj.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
63D-5.001 Purpose and Scope.
This rule establishes the standards and procedures for the provision of focused probation case management. This includes the use of information gathered during intake, which results in the classification of the youth and the development of an intervention plan, and the coordination of probation services for youth on probation and post-commitment probation. The standards and procedures for the provision of focused case management for youth on conditional release status are established in rule Chapter 63D-7, F.A.C.
Specific Authority 985.14, 985.64 FS. Law Implemented 985.14, 985.435, 985.601(2) FS. HistoryNew__________.
63D-5.002 Definitions.
For purposes of this rule chapter, the following terms shall be defined as follows:
(1) Affidavit for Order to Take Into Custody The form used by the JPO to formally request a pick-up order when the youth's whereabouts are unknown. Once this document is notarized and sent to the court, an Order to Take Into Custody is issued to detain the child and bring the child back before the court. This is only to be used for youth who abscond or escape from the supervision of the department. The Affidavit for Order to Take Into Custody (DJJ/IS Form 15, February 2005) is incorporated, and is available from the Assistant Secretary for Probation and Community Intervention at 2737 Centerview Drive, Suite 105, Tallahassee, FL 32399-3100.
(2) Affidavit/Petition for Violation of Probation The instrument used by the JPO to notify the court of alleged violations of probation supervision if the JPO and JPOS determine that court action is warranted. The Affidavit/Petition for Violation of Probation (DJJ/IS Form 10, February 2005) is incorporated, and is available from the Assistant Secretary for Probation and Community Intervention at 2737 Centerview Drive, Suite 105, Tallahassee, FL 32399-3100.
(3) Criminogenic needs/risk factors Critical factors in predicting future criminal behavior, as identified by research in the area of juvenile delinquency. The PACT recognizes these factors and classifies them into critical domain areas known to influence criminal behavior. The JPO and JPOS use this data to measure the individual risk posed by each youth and to design a plan most responsive to reducing the level of risk posed by each factor.
(4) Juvenile Probation Officer (JPO) A Juvenile Probation Officer (JPO) is an employee of the department responsible for the intake of youth upon arrest and the supervision of youth on court ordered supervision in the community. The JPO serves as the primary case manager for the purpose of managing, coordinating and monitoring the services provided and sanctions required for each youth. In this rule chapter whenever a reference is made to the objectives and duties of a JPO it shall also apply to case management staff of a provider agency contracted to perform these duties and objectives.
(5) Juvenile Probation Officer Supervisor (JPOS) A Juvenile Probation Officer Supervisor (JPOS) provides first line oversight and management of the JPOs in the unit. The JPOS is responsible for overall direction and guidance of the services provided by the JPO including, but not limited to reviewing the progress of cases, documenting compliance with law and court orders, and approving intervention plans and revisions to intervention plans. In this rule chapter whenever a reference is made to the tasks and duties of a JPOS it shall also apply to case management staff supervisor of a provider agency contracted to perform these duties and tasks.
(6) Positive Achievement Change Tool (PACT) The PACT is a web-based assessment instrument located in the Intake Web module of the Juvenile Justice Information System (JJIS) and is scored automatically following interviews with the youth, family and collateral sources to determine the risk to reoffend. The PACT identifies a series of risk factors such as substance abuse, mental illness or family history that have proven to be related to future offending. As progress is made in the problem areas specific to each youth the PACT is used to calculate and document how individual risk factors have increased or decreased over time. The PACT is incorporated in subsection 63D-1.003(1), F.A.C.
(7) Progress Report The form used to communicate to the court progress the youth is making. The form may be used for a judicial review, jurisdiction transfer or a request for termination of supervision, probation, postcommitment probation or conditional release supervision. The Progress Report form (DJJ/IS Form 12, September 2006) is incorporated, and is available from the Assistant Secretary for Probation and Community Intervention at 2737 Centerview Drive, Suite 105, Tallahassee, FL 32399-3100.
(8) Risk-based intervention Services and sanctions planned and delivered to the youth and his or her family with a specified application that is focused on the reduction of further delinquency behavior. The level of risk to reoffend and the youths specific risk factors determines the characteristics and magnitude of the services and sanctions planned and delivered to intervene in the youths life that will most effectively reduce that risk. At the low end of the intervention scale could be an older youth with no delinquency history that needs only to complete a restitution order and to report to his or her probation officer once a month. An example at the other end of the scale would be a younger offender with a serious delinquency history with school attendance problems, substance abuse issues who has been charged with a crime of violence. This youth might need mental health counseling, substance abuse treatment, twice a week contact with his or her JPO and tutoring at school.
(9) Youth-Empowered Success Plan The plan used to guide the supervision of the youth and to plan interventions by Probation and Community Intervention staff as the key case management document. The Youth-Empowered Success (YES) Plan (DJJ/PACT Form 4, October 2006) is incorporated, and is available from the Assistant Secretary for Probation and Community Intervention at 2737 Centerview Drive, Suite 105, Tallahassee, FL 32399-3100.
Specific Authority 985.14, 985.64 FS. Law Implemented 985.14, 985.435, 985.601(2) FS. HistoryNew__________.
63D-5.003 Planning the Supervision of the Youth and Selecting Relevant Interventions.
(1) The Juvenile Probation Officer (JPO) must prepare the initial Youth-Empowered Success (YES) plan within 14 days of the youths disposition date, or within 14 days of the youths release from a commitment program in the case of post-commitment probation.
(a) To the extent possible, the youth and family shall participate in the development of the plan. In particular, the youth and family shall be consulted to identify goals and to assess their ability to fulfill their responsibilities.
(b) During development, the youth and parents or guardians must be informed of the consequences of failing to comply with the objectives and goals of the plan.
(c) The JPO shall document efforts made to facilitate parental involvement.
(2) The YES plan is the primary planning tool for administration and organization of case management services for the youth. The plan must detail how the youth, family and JPO will achieve the treatment goals and sanctions found in the dispositional court order, as well as any voluntary goals identified in the course of working with the youth and family.
(a) The plan must be performance based, with measurable and positive objectives, and described outcomes.
(b) Objectives described in the plan must address:
1. Public safety, accountability and competency development;
2. Court ordered sanctions and treatment goals
3. Mutually agreed to interventions to mitigate risk factors identified in the assessment generated by the PACT.
(c) Each goal must identify the major action steps required for achievement, and the individual(s) primarily responsible for each step. Realistic target dates must be recorded for each goal and action step.
(3) The JPO, Juvenile Probation Officer Supervisor (JPOS) and the youth must sign the YES plan. Parent(s)/guardian(s) must acknowledge the plan by signature unless the youth is 18 years of age or older or is residing separately from parents or legal guardians on their own in the community.
(4) The JPO must provide the youth and family with a legible copy of the YES plan.
(5) The JPO must evaluate and, if necessary, update the plan at least every 90 days, and reflect in writing whenever sanctions are completed or modifications to goals or sanctions are made.
(6) Modifications to the plan may be accomplished as follows:
(a) If new needs are identified during the course of supervision, the JPO may include voluntary goals to address the needs.
(b) Formal adjustments to court ordered objectives must be made by the court during a judicial review. If jurisdiction is not in the county where supervision occurs, then the JPO may ask the youth to voluntarily agree to the modification. Absent agreement, judicial assistance must be requested.
(c) Subsequent disposition for pending cases shall also necessitate modification of the plan to reflect changes in sanctions, treatment goals and court ordered conditions.
(7) Formal reviews of the plan with the youth and family must occur every 90 days. The JPO shall review with the youth and family the accomplished objectives and the need for continued progress on those that have not been accomplished. The youth and parent(s)/guardian(s) must initial the plan to indicate that it was reviewed. In situations where the department cannot compel the parents to participate in the planning and review process, the JPO shall document efforts made to obtain parental involvement.
Specific Authority 985.14, 985.64 FS. Law Implemented 985.14, 985.435, 985.601(2) FS. HistoryNew__________.
63D-5.004 Classification and Reclassification.
(1) Prior to a youths initial placement on supervision, the intake JPO must assess and classify the youth based upon the following factors:
(a) The risk score indicated on the PACT (low, moderate, moderate-high or high); and
(b) The quantity and type of other contacts made by service providers working with the youth and his or her family.
(2) Service providers making contact with the youth and family must document their contacts in writing and transmit that information to the JPO or contracted case manager in the manner indicated within their contract or service agreement.
(3) Over time, the initial classification shall be reviewed. To accommodate changes in the youths behavior, supervision and treatment a periodic review of the youths classification must be held.
(a) A staffing to review classification must take place within 90 days of the youth being placed on supervision, and within every 90 days thereafter. A reclassification staffing shall also be conducted, regardless of timeframe, whenever there is a change in the youths status, such as when the youth obtains new charges or returns from a period of absconding.
(b) In preparation for a reclassification review for youth who previously scored moderate-high or high-risk, a PACT reassessment must also be completed prior to the staffing.
(c) The JPO and the JPOS conduct the reclassification staffing. At a minimum, the staffing must consider the following items:
1. Any changes in the youths needs;
2. The number and type of charges the youth has obtained in the last classification period, and any pending charges; and
3. Progress in completing YES plan objectives.
(d) Written justification must be provided for any reclassification decision and must be documented in writing on the PACT.
Specific Authority 985.14, 985.64 FS. Law Implemented 985.14, 985.435, 985.601(2) FS. HistoryNew__________.
63D-5.005 Risk-Based Interventions.
(1) The type and magnitude of the intervention is determined by the risk to reoffend.
(a) The specific type of intervention is tied to the specific individual risk factor identified by the PACT.
(b) If the intervention is not available then the reason for its unavailability must be documented.
(2) The JPO shall document youth participation in the specified intervention by various methods, including the following:
(a) Face to face observation of the youth.
(b) Telephone contact with the youth, family or service provider.
(c) Review of written documentation as to the compliance and progress of the youth in the program or as the youth and family participate in service delivery.
(d) Reports, written or verbal, from collateral contacts knowledgeable about the youth.
(3) Progress must be assessed on a periodic basis.
(4) When the periodic review identifies the need for a change then the intervention must be adjusted.
(5) Youth assessed as high risk to reoffend by the PACT must be referred for risk-based interventions designed to reduce or eliminate dynamic criminogenic risk factors, unless the JPO documents in writing barriers to participation, such as the lack of available services, lack of youth readiness to voluntarily participate, transportation difficulties, or lack of parental approval for participation. The JPO shall monitor youth participation in risk-based interventions to ensure attendance and participation. Examples of intervention activities used by the JPO to monitor progress include: face-to-face contact with the youth, telephone contact with youth, parent or service provider, collateral contact with the program, family verification of participation or youth self report of progress and review of written documentation as to the compliance and progress of the youth in the program. Progress in addressing the criminogenic need shall be monitored through PACT reassessments. The type and frequency of interventions should be determined on a regular and periodic basis, but at least every 90 days.
Specific Authority 985.14, 985.64 FS. Law Implemented 985.14, 985.435, 985.601(2) FS. HistoryNew__________.
63D-5.006 Violations of Supervision.
(1) Violations of probation supervision include the following:
(a) New law violations.
(b) Non-law technical violations.
(c) Absconding from supervision.
(2) The JPO must investigate known or reported violations of supervision. Such an investigation must include interviewing the supervised youth if he or she can be found, interviewing parents, if needed, school officials, and other important collateral contacts. The JPO must staff the case with his or her unit supervisor to make a final decision on the action to pursue.
(3) In the case of a new law violation, the JPO must file an Affidavit for Violation of Supervision for any such violation that results in the filing of a delinquency petition. All applicable non-law technical violations must be included in the affidavit. The JPO is not precluded from filing an affidavit based on the new law violation prior to the state attorneys decision regarding a petition.
(4) Non-law technical violations include violations of court ordered sanctions, such as not reporting to the JPO as directed, failing to complete community service, failing to follow through with a referral, missing school, or failing to make restitution payments. Responses to non-law technical violations must be progressive, but must also give effect to orders of the court that require report of any and all technical violations.
(a) If the JPO and the JPOS decide that a formal court hearing is not needed to address the violation, the JPO may address the non-compliant behavior with an intervention, such as addressing the behavior with a behavior contract, conducting a formal staffing with parents, referral of the youth to risk-based interventions or increasing supervision. Under no circumstances can a JPO informally modify conditions related to contact with a victim.
(b) If the JPO and the JPOS decide that court action is warranted, an affidavit must be filed with the state attorney alleging that the youth is in violation of supervision. The affidavit must be filed within 7 days of becoming aware of the technical violation. Any technical violations that had been informally addressed, particularly those that involve related non-compliance, may be added to the affidavit.
(5) Absconding occurs when a supervised youth goes in a clandestine manner out of the jurisdiction of the court in order to avoid legal process, or when the youth hides, conceals or absents himself or herself with the intent to avoid legal process. Mere absence or not appearing for appointments is not absconding, but may constitute a technical violation of probation conditions. To constitute absconding, the JPO must have cause to believe that the youth is deliberately avoiding supervision, or has removed himself or herself from the home or community. A youth reported by parents or guardians to have run away, is considered an absconder.
(a) At the point the JPO considers the youth to have absconded, the JPO must document all efforts to locate the youth considered an absconder.
(b) Within one working day of determining that the youth has absconded, the JPO must complete and file with the court an Affidavit for An Order to Take Into Custody, and an Affidavit for Violation of Probation/Post-Commitment Probation.
Specific Authority 985.14, 985.64 FS. Law Implemented 985.14, 985.435, 985.439, 985.601(2) FS. HistoryNew_________.
63D-5.007 Termination of Supervision.
(1) A youths progress must be documented in the case file or YES plan in writing, and submitted to the court using the Progress Report form. Progress reports must be submitted to the court within 1 working day of the dated ordered by the court or pursuant to a scheduled formal judicial review.
(2) The JPO must recommend termination of supervision when:
(a) A youth has complied with court ordered sanctions and goals;
(b) The department has lost jurisdiction because the youth has reached the maximum age provided in statute; or
(c) The department has lost jurisdiction based upon the maximum period of supervision applicable to the charge.
(3) Prior to requesting termination, the JPO must check with local law enforcement to determine if there are outstanding warrants or charges for the youth that have not been filed. At a minimum, this includes the sheriff and police department of the youths county and city of residence. If the capacity to do so is available, the JPO must also check the
(4) Fifteen days prior to the loss of jurisdiction of a case, the JPO must notify the court regarding the impending loss of jurisdiction. A Progress Report must also be submitted if there is a need to recommend that the court retain jurisdiction over restitution. Upon the loss of jurisdiction, the JPO must close the case.
(5) Within 5 working days of receipt of the courts termination order or the date of loss of jurisdiction, the JPO must update the Juvenile Justice Information System.
(6) The JPO must notify the youth and parents or guardians in writing that the youth is no longer under supervision.
(7) Termination may be sought for youth who are in compliance with all court ordered sanctions, and in substantial compliance with restitution. Substantial compliance means that the youth has exhibited through routine payments the intention to follow through with his or her obligation. The JPO must verify the amount of paid restitution with the clerk of court.
(a) Except as provided in subsection (7), the JPO must recommend that the court retain jurisdiction for restitution if full payment has not yet been made.
(b) The JPO must notify the youth and parents or guardians that by retaining jurisdiction the court may find the youth in contempt for failure to make timely payments. The JPO must also advise the youth and parents or guardians that the court may request that they enter into a voluntary promissory note for payment. At no time, should the JPO become involved in the negotiation or development of the promissory note.
Specific Authority 985.14, 985.64 FS. Law Implemented 985.14, 985.435, 985.601(2) FS. HistoryNew_________.
