The amendments update the verbal and physical intervention curriculum so that generic "PAR" is replaced by "Right Interactions." Training topics are streamlined. The stages of training are clarified and the name of the supervising ....

 

DEPARTMENT OF JUVENILE JUSTICE

Staff Training

RULE NO.:RULE TITLE:

63H-3.001Definitions

63H-3.002Phase I and Pre-Operational Training for State and Contracted Direct Care Staff

63H-3.003Phase II Training for State Detention and Probation Direct Care Staff

63H-3.004Pre-Service Training for State Support Staff

63H-3.005Annual In-Service Training

63H-3.006Instructor Qualifications, Documentation, Training Plans, Course Hours and Returning Staff

63H-3.007Protective Action Response

PURPOSE AND EFFECT: The amendments update the verbal and physical intervention curriculum so that generic "PAR" is replaced by "Right Interactions." Training topics are streamlined. The stages of training are clarified and the name of the supervising authority is updated.

SUMMARY: Training topics, recertification requirements, and the verbal and physical intervention curriculum are amended.

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, 985.601, 985.645, F.S.

LAW IMPLEMENTED: 985.601, 985.645, F.S.

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: Thursday, June 15, 2023 at 10:00 a.m.

PLACE: DJJ Headquarters, 2737 Centerview Dr., General Counsel's Conference Room 3226, Tallahassee, Florida. For information about participation by telephone, contact John Milla at [phone].

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Milla, 2737 Centerview Dr., Ste. 3200, Tallahassee, FL 32399-3100, email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

63H-3.001 Definitions.

(1) Academy: A department-approved virtual or physical training site where the second phase of Phase II certification training is provided by the Office of Talent, Leadership, and Culture Staff Development and Training.

(2) Academy Training: The coursework required of state detention and probation direct care staff that prepares them for certification.

(3) Adjunct Instructor: An instructor who has successfully completed the adjunct instructor course for a specific course or courses.

(4)(2) Administrator: One whose primary responsibility is overseeing the daily operations of a facility, program, or judicial circuit.

(5) Advanced and Specialized: Professional development coursework that exceeds annual training requirements designed to enhance both individual and team skill sets.

(6)(3) Central Communications Center (CCC): The unit located in department headquarters and within the Incident Operations Center (IOC) charged with receiving reports regarding incidents and events involving youth in department custody or under supervision and state and contracted employees from all department and provider facilities, programs funded in whole or in part, and offices or sites operated by the department, a provider, or grantee.

(7)(4) Certification: The official process documenting that a direct care staff has fulfilled a minimum standard level of competency as indicated by the successful completion of Direct Care Pre-Service (DCPS) and Academy Phase I and Phase II training for state direct care staff and Right Interactions (RI) Protective Action Response Training for all state and provider direct care staff, to include all exams.

(8)(5) Certified Staff: A designation given to direct care staff after the successful completion of a certification exam.

(9)(6) Community-Based Program: A contracted or state-operated non-residential environment providing supervision of youth who have been identified to receive services within the community. This includes, but is not limited to, probation, supervised release, non-secure detention, home detention, juvenile assessment centers, diversion programs, community-based conditional release programs, and screening and intake units. This does not include prevention programs.

(10) Detention Services: The branch within the department that oversees the secure facilities utilized for youth who are held pursuant to a court order or have been taken into custody for a violation of the law and when less restrictive interim placement alternatives prior to adjudication and disposition are not appropriate.

(11)(7) Detention Staff: Staff assigned to work at a state-operated secure juvenile detention center.

(12) Direct Care Pre-Service Training: The coursework required of all state and provider direct care staff within 180 days of hire.

(8) through (12) renumbered (13) through (17). No change.

(18) Instructor: An individual who has successfully completed Instructor Techniques or has received an exemption for a specific course from the Director of the Office of Talent, Leadership, and Culture.

(19)(13) Instructor Techniques (IT): The 64-hour Instructor Techniques course.

(20)(14) Lead Master Right Interactions (RI) Protective Action Response (PAR) Instructor: An advanced, qualified Master RI PAR Instructor whose position reports directly to the Office of Talent, Leadership, and Culture Staff Development and Training and can certify RI PAR Instructors.

(21)(15) Master RI PAR Instructor: An advanced, qualified instructor who assists and monitors RI PAR Instructors in maintaining quality delivery of RI PAR training and assists in the monitoring of the RI PAR program.

(22)(16) Medical Review: The review conducted by a licensed medical health professional after a RI PAR physical intervention to determine if injuries or complications occurred as a result of the physical intervention or application of mechanical restraints and if the youth requires further medical treatment.

(23)(17) Office of Talent, Leadership, and Culture Staff Development and Training: The office within the department that designates the number and location of the training programs and courses; develops, implements, evaluates, and updates the curriculum to be used in the training of juvenile justice staff; establishes timeframes for participation in and completion of training; develops, implements, scores, analyzes, maintains, and updates job-related examinations; manages the budget and contracts for all the training deliverables; and establishes uniform minimum job-related preservice and in-service training courses and examinations for juvenile justice staff.

(24)(18) On-the-Job Training: Training on a specific and specialized task required of the staff member’s members position conducted by an FTO, certified officer, or a support staff as designated by their supervisor.

(19) Phase I Training: The coursework required of all state and provider direct care staff within 180 days of hire.

(20) Phase II Training: The second phase of coursework required of state detention and probation direct care staff that prepares them for certification.

(25)(21) Pre-Operational: The period of time from when a contract is initiated until the delivery of services commences.

(26)(22) Pre-Service Training: The initial training for newly hired non-direct care state employees.

(27)(23) Prevention Services: An office of the department that offers voluntary youth crime prevention programs throughout the state of Florida.

(28)(24) Probation and Community Intervention: Assessment and intervention services provided to youth who are court-ordered to community supervision after the court has determined that the youth committed a delinquent act.

(29)(25) Protective Action Response: The department’s verbal and physical intervention program utilized by direct care staff in contracted, state, county, or municipally operated facilities and programs as defined in section 985.645, F.S.

(30) Right Interactions: The department approved Protective Action Response curriculum.

(31)(26) Right Interactions Protective Action Response Escalation Matrix: The matrix that governs the level of response an employee may apply to a youth’s type of resistance.

(32)(27) Right Interactions Protective Action Response Training Plan: The form used to identify the specific techniques that employees shall be trained to use. The techniques identified on the plan are the only techniques employees shall be trained on and authorized to use.

(33) Remediation: The training provided to a staff member after an unsuccessful attempt to demonstrate competency in a subject.

(34)(28) Residential Services: The branch within the department that oversees residential commitment programs, provides services through contracted providers, facilitates training and technical assistance for providers, and provides placement and classification services for youth adjudicated to commitment.

(35)(29) Returning Staff: Trained (private provider) or certified (state) direct care staff who have separated from employment and are re-hired into the same position type.

(36)(30) SkillPro: The department’s on-line learning management system.

(37)(31) Soft Mechanical Restraints: Restraint devices that are made with flexible materials; for example, Velcro, nylon flex cuffs (also known as zip cuffs), and leather.

(38) Supervisor: The individual responsible for the direct oversight of an employee and whose duties include but are not limited to scheduling, coaching, and completion of performance evaluations.

(39)(32) Support Staff: Any state or provider staff that are not direct care.

(40) Taser: Any mechanism that is designed to emit or project an electronic, magnetic, or other type of charge or shock for the purpose of temporarily incapacitating a person.

(41)(33) Training Coordinator: The individual designated to oversee and track the training of employees in a specific facility, program, or office.

(42)(34) Training Entity: The Office of Talent, Leadership, and Culture Director of the Office of Staff Development and Training.

(43)(35) Training Roster: A document that identifies the title, hours, date, and signatures of all participants and the instructor of a course.

Rulemaking Authority 986.601, 985.64, 985.645 FS. Law Implemented 985.601(8), 985.645 FS. History‒New 3-6-22, Amended __________.

63H-3.002 Direct Care Pre-Service Phase I and Pre-Operational Training for State and Contracted Direct Care Staff.

(1) Direct Care Pre-Service (DCPS) Training Phase I shall be a minimum of 120 hours and be conducted at the workplace. DCPS Training Phase I shall consist of all web-based and instructor-led topics courses, exams, and all on-the-job training. State and contracted direct care staff shall successfully complete the following topics 31 courses within 180 calendar days of hire.

(a) Direct care staff shall not be in the presence of youth until the first eight topics of thirty-one courses below are successfully completed:

1. Child Abuse Recognition, Reporting, and Prevention,

2. CPR/First Aid/Automatic Electronic Defibrillator (AED). All CPR/First Aid/AED training must be Occupational Safety and Health Administration (OSHA) accredited. AED training is only required at sites that have AEDs on property,

3. Emergency Procedures,

4. Facility or Program Operating Procedures,

5. Prison Rape Elimination Act (PREA),

6. Professionalism, Interpersonal Communication, and Ethics to include Standards of Conduct,

7. Right Interactions Protective Action Response certified,

8. Suicide Awareness and Prevention,

9. Active Shooter Preparedness,

10. Adolescent Development and Behavior,

11. Balanced Approach to Restorative Justice,

12. Central Communications Center Incident Reporting,

13. Civil Rights,

14. Communication,

15. Confidentiality/Health Insurance Portability and Accountability Act (HIPAA),

16. Diverse and World-Class Workforce Diversity,

17. DJJ Legacy History,

18. Equal Employment Opportunity,

19. Gang Awareness,

20. Human Trafficking Intervention,

21. Infection Control/Bloodborne Pathogens,

22. Information Security Awareness,

23. Juvenile Justice Information Systems,

24. Mental Health and Substance Abuse,

25. Motivational Interviewing (MI),

26. Quality Report Writing,

27. Safety, Security, and Supervision of Youth,

28. Sexual Harassment,

29. Effective and Respectful Treatment of Youth Sexual Orientation, Gender Identity, and Expression,

30. Standards of Conduct,

30.31. Trauma Responsive Practices.

(b) Upon successful completion of the first eight topics courses, the newly hired direct care staff may be in the presence of youth while the remaining topics courses are completed, as long as they are under the direct supervision of a certified (state) or trained (provider) staff. The sole exception allowing a direct care staff to have unsupervised contact with youth applies only to employees in the Juvenile Probation Officer (JPO) class or contracted Probation and Community Intervention direct care staff. who are assigned the task of conducting and documenting contacts, including face-to-face contacts, with youth at a detention center, adult jail, school, after-school program, community worksite, or day treatment center or when a JPO is job-shadowing a certified JPO for the sole purpose of the observation of job duties. This exception is further limited as follows:

1. JPOs and Probation contracted direct care staff are authorized to be in the presence of youth under the direct supervision of a certified (state) or trained (provider) team member beginning on the first day of employment.

2. Newly hired JPOs and Probation contracted direct care staff may begin to have unsupervised contact with youth to assist with conducting and documenting contacts, including face-to-face contacts, with youth at a detention center, adult jail, school, after-school program, community worksite, or day treatment center or when a JPO is job-shadowing a certified JPO for the sole purpose of the observation of job duties. This exception is further limited as follows:

a.1. The JPO staff must have successfully completed the first eight topics courses,

b.2. The JPO staff must have been employed with the department a minimum of 30 days,; and

c.3. The staff is only authorized to relay information to and from the assigned JPO. The exception only extends to relaying information from and to the assigned JPO and does not allow the newly hired JPO staff to oversee a caseload.

d. Under no circumstances is a newly hired, uncertified JPO or untrained contracted team member authorized to accept the official assignment of a case or to oversee a caseload.

(c) In the event staffing issues identify a need for additional support at a state-operated secure detention facility, and upon a mutually agreed upon determination by the Assistant Secretaries for the Office of Detention Services and the Office of Probation and Community Intervention, certified JPOs may provide direct care support in a secure detention facility. In order for a JPO to be considered for this temporary support, the following conditions must be met:

1. The JPO must be in good standing and receive the approval of their supervisor.

2. The JPO must understand that the support must not supersede or impact their primary daily responsibilities as a JPO.

3. The JPO must be assigned to work with a certified officer when in direct contact with youth and shall not be assigned the oversight of a detention trainee. The sole exception to this is when the JPO was previously certified as a Juvenile Detention Officer (JDO) and all required training is current.

4. Unless the training has been successfully completed within the calendar year, the JPO must complete the following training before providing direct care to a youth in a secure detention facility:

a. Right Interactions: Successful completion of the content delivered in the facility-based portion of the RI training that is not included in the community-based portion of the RI training. Successful completion shall include the delivery of content and the performance evaluation of the techniques on the facility-based RI training plan that are not included in the community-based RI training plan.

b. Behavior Management,

c. Safety, Security, and Supervision of Youth,

d. Suicide Awareness and Prevention – Detention Specific,

e. Unit Log,

f. Facility Operating Procedures.

(d)(c) All state and provider direct care staff shall adhere to all applicable training requirements set forth in Chapter 63M-2, F.A.C. Health Services and Chapter 63N-1, F.A.C. Service Delivery.

(e)(d) The 180-day timeframe for completion of training requirements may be extended up to 90 days upon request sent by a Regional Director. The Regional Director shall forward the request to the Training Entity, who is authorized to grant the extension based on the following:

1. Death of an immediate family member,

2. Serious chronic condition, illness, or injury,

3. Immediate family crisis,

4. Court appearance,

5. Military duty,

6. Family Medical Leave; or

7. Other emergency or unforeseen circumstances.

(f)(e) In the event of a state or national emergency, the Secretary of the department, by issuance of a memorandum, may temporarily freeze all training. The timeframe of the freeze shall toll the mandated number of days required to satisfactorily complete training requirements identified within this rule.

(g)(f) All training requirements for Prevention Services contracted employees and Probation and Community Intervention contracted employees shall be identified in contract. The Assistant Secretary for each area shall determine the required training based on the population for whom they are assigned responsibility in each individual contract to ensure the employees are well trained. The Assistant Secretary for Probation and Community Intervention shall determine the required training for state Juvenile Probation Officers who do not carry a caseload and whose sole duty is to conduct detention screenings.

(2) Supervisor Training:

(a) All newly hired direct care supervisors shall complete a minimum of 16 hours of supervisory training within 90 days of employment.

(b) The coursework shall include the following topics:

1. Coaching,

2. Leadership,

3. Personal Accountability.

(3) Pre-Operational Training for Contracted Residential Direct Care Staff.

(a) In the event a new contract is executed and the provider has no previous experience with the department or does not have the capacity to maintain supervision ratios identified in contract by trained staff, all topics courses in subparagraphs 63H-3.002(1)(a)1.-31., F.A.C., shall be successfully completed prior to providing any services to youth.

(b) Once sufficient staff have completed the training in (3)(a) above so that minimum staffing ratios are met, additional newly hired direct care staff, upon successful completion of the first eight topics courses, may be in the presence of youth while the remaining courses are competed, as long as they are under the direct supervision of a fully trained staff.

1. Child Abuse Recognition, Reporting, and Prevention,

2. CPR/First Aid certified,

3. Emergency Procedures,

4. Facility or Program Operating Procedures,

5. RI PAR certified,

6. PREA,

7. Professionalism, Interpersonal Communication, and Ethics to include Standards of Conduct,

8. Suicide Awareness and Prevention.

Rulemaking Authority 985.601, 985.645 FS. Law Implemented 985.02(3), 985.601, 985.645 FS. History‒New 3-6-22, Amended __________.

63H-3.003 Academy Phase II Training for State Detention and Probation Direct Care Staff.

(1) In addition to the training requirements in Rule 63H-3.002, F.A.C., all state detention and probation direct care staff shall complete Academy Phase II training within 180 calendar days of hire. Academy training Phase II shall be a minimum of 120 hours for detention direct care staff and 160 hours for probation direct care staff and shall be conducted at an academy. The coursework shall be designed to enhance knowledge, skills, and abilities related to job performance. A certification exam will be administered at the end of the Academy training Phase II.

(2) Testing Requirements for certification are as follows:

(a) A passing score of at least 75 percent on all web-based courses.

(b) Successful completion of RI PAR testing and evaluation requirements as outlined in this rule.

(c) Successful completion of all written, web-based, and practical requirements for CPR/First Aid/AED training.

(d) A minimum score of 75 percent on the certification examination.

1. Staff may be given up to three attempts to pass the certification examination within the 180-day timeframe.

2. Staff failing the certification examination are required to attend remediation, which must be documented in the department’s learning management system, SkillPro.

3. Staff shall adhere to the following schedule for second and third attempts to pass the certification examination.

a. The second attempt shall occur no less than seven (7) calendar days after, and no more than 45 calendar days after, the first attempt.

b. The third attempt shall occur no less than 14 calendar days after, and no more than 45 calendar days after, the second attempt.

c. If after the third attempt or after 180 calendars days of employment, whichever occurs first, the staff member has not successfully completed the requirements for certification, they shall be recommended for termination from their position. The staff member shall not be considered direct care staff and can no longer have contact with youth for the purposes of supervision, custody, or control. The staff shall not be considered for re-employment to the same job class for at least one year from the date of separation.

Rulemaking Authority 985.601, 985.645 FS. Law Implemented 985.02(3), 985.601, 985.645 FS. History‒New 3-6-22, Amended __________.

63H-3.004 Pre-Service Training for State Support Staff.

(1) All department employees shall complete the following training within 30 calendar days of the date of hire:

(a) New Employee Orientation.

(b) PREA.

(c) Professionalism, Interpersonal Communication, and Ethics.

(2) All department employees shall complete the following training within 90 calendar days of the date of hire:

(a) Active Shooter Preparedness.

(b) CCC Incident Reporting.

(c) Civil Rights.

(d) Quality Customer Service.

(e) DJJ Safety Training.

(f) Equal Employment Opportunity.

(g) HIPAA.

(h) Human Trafficking Intervention.

(i) Information Security Awareness.

(j) Open Government.

(k) Purchasing Card (P-Card) (minimum of one hour; required only for those employees who are issued a P-card).

(l) Sexual Orientation, Gender Identity, and Expression.

(l)(m) Sexual Harassment.

(m)(n) Trauma Responsive Practices.

(3) Supervisor Training: All newly hired supervisors shall complete a minimum of 16 hours of supervisory training within 90 days of employment, which coursework shall include the following topics:

(a) Coaching;

(b) Leadership;

(c) Personal Accountability.

Rulemaking Authority 985.601, 985.64 FS. Law Implemented 20.316(1), 985.02(3) FS. History‒New 3-6-22, Amended __________.

63H-3.005 Annual In-Service Training.

(1) All state and contracted direct care staff shall successfully complete, at a minimum, 24 hours of in-service training requirements each calendar year after the completion of certification (state) and training (provider).

(a) The required topics, web-based and instructor led, are as follows:

1. Active Shooter Preparedness,

2. CPR/First Aid/AED annual demonstration of skill competency is required. Application for re-certification does not need to be submitted to the certifying authority in non-certification renewal years. , unless the specific certification is good for more than one year,

3. Human Trafficking Intervention (every other year),

4. Information Security Awareness,

5. Mental Health and Substance Abuse,

6. PREA (every other year),

7. RI PAR Update,

8. Professionalism, Interpersonal Communication, and Ethics including Standards of Conduct,

9. Sexual Harassment (every other year),

10. Suicide Awareness and Prevention,

11. Trauma Responsive Practices.

(b) In addition to the required 24 hours of in-service training, supervisory direct care staff shall complete, at a minimum, an additional 8 hours of training in the areas of coaching, leadership, or personal accountability each calendar year.

(c) Medication administration/delivery curriculum shall be approved by the Office of Health Services (OHS) and shall be limited to staff delegation under Chapter 64B9-14, F.A.C.

(2) All department support staff shall successfully complete, at a minimum, 8 hours of in-service training each calendar year after the year of hire.

(a) The required topics, web-based and instructor-led, shall include:

1. Active Shooter Preparedness,

2. DJJ Safety Training,

3. Information Security Awareness,

4. PREA (every other year),

5. Professionalism, Interpersonal Communication, and Ethics including Standards of Conduct,

6. Quality Customer Service,

7. Sexual Harassment (every other year),

8. Trauma Responsive Practices.

(b) In addition to the required 24 hours of in-service training, supervisory department staff shall complete, at a minimum, an additional 8 hours of training in the areas of coaching, leadership, or personal accountability each calendar year.

Rulemaking Authority 985.601, 985.645 FS. Law Implemented 985.02(3), 985.601, 985.645 FS. History‒New 3-6-22, Amended __________.

63H-3.006 Instructor Qualifications, Documentation, Training Plans, Course Hours, and Returning Staff.

(1) Instructor Qualifications.

(a) All instructors must have successfully completed the Instructor Techniques course prior to the delivery of training, with the following exceptions:

1. FTOs that provide on-the-job training to newly hired staff,

2. Support staff who are designated by their supervisor to provide training to a staff member that is a specific and specialized skill of a support staff member’s position and is not a topic identified in Chapter 63H-3, F.A.C.

(b) Any individual who is not IT trained and who seeks authorization to instruct a course related to a specific certification, licensure or training must submit for approval a completed Instructor Exemption form to the Director of Talent, Leadership, and Culture Staff Development and Training through their respective administrator for each training topic delivered. The Instructor Exemption Form (TLC 001, April 2023) (SDT 001, November 2021) is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-15377 http://www.flrules.org/Gateway/reference.asp?No=Ref-13910.

(c) Instructors may receive hour for hour credit for any course they deliver towards their annual in-service training hours.

(d)(c) The Office of Training, Leadership, and Culture Staff Development and Training shall develop prerequisite criteria and renewal requirements for the instructor techniques course. The Office of Talent, Leadership, and Culture shall develop prerequisite and renewal requirements for and all train-the-trainer courses. Criteria to become an instructor must at minimum address the candidate’s length of service and disciplinary record.

(e)(d) Only certified RI PAR Instructors shall conduct RI PAR training.

(f)(e) Only certified CPR/AED/First Aid instructors shall conduct CPR/AED/First Aid training.

(2) Training Plans for Direct Care Staff.

(a) Each facility, program area, circuit, or unit shall create and maintain an annual training calendar or plan that identifies all direct care staff training identified in this rule and any additional training required by the Assistant Secretary of the program area or as identified in awarded contracts. The calendar or plan shall include course descriptions and credited hours. The final training plan must be reviewed and approved by the Assistant Secretary of the program area and the Director of Talent, Leadership, and Culture.

(b) Training calendars or plans shall be completed prior to December 1 of the year preceding implementation, and shall be maintained at the facility, program, or unit, and must be approved by the highest-ranking official at the location.

(3) Course Topic Hours.

(a) Curricula are competency-based, meaning the curriculum uses specific objectives and performance-based learning to achieve performance standards, in lieu of established contact hours in a delivery format that ensures the training school delivers all curriculum materials.

(b) Under the direction of the Training Entity, training sites and instructors have the flexibility to redistribute topic hours in areas where greater emphasis is needed. Additionally, with the written approval of the Training Entity, additional learning aids may be used to enhance instruction of the learning goals and objectives.

(c) Sworn law enforcement officers may be exempt from certain topics courses required of direct care staff if the objectives of the course required by the Criminal Justice Standards and Training Commission align with department course objectives. The Training Entity or their designee shall be responsible for the determination of all exemptions.

(d) All individual staff training hours shall be documented in the SkillPro learning management system.

(e) All training rosters for courses required in this rule shall be uploaded into the SkillPro learning management system.

(4) Returning Staff.

(a) Returning direct care and state support staff who return less than two years one year from separation shall complete all annual update requirements for certification or training set forth in this rule.

(b) Returning direct care and state support staff who return two or more years more than one year from separation shall complete all certification and training requirements in this rule.

Rulemaking Authority 985.601, 985.645 FS. Law Implemented 985.02(3), 985.601, 985.645 FS. History‒New 3-6-22, Amended __________.

63H-3.007 Protective Action Response.

(1) Authorized Levels of Response.

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

(b) Right Interactions (RI) is the department approved Protective Action Response curriculum.

(c)(b) Prior authorization for the use of physical intervention techniques and mechanical restraints shall be obtained from the supervisor or acting supervisor unless doing so could result in physical harm to the youth, employee, or another person; property damage; or the youth escaping or absconding from lawful supervision.

(d)(c) All responses shall be commensurate with the youth’s type of resistance according to the RI PAR Escalation Matrix and this rule.

(e)(d) Responses shall only be used when reasonably necessary to control youth and only after all reasonable alternatives have been exhausted, including verbal persuasion, warnings, and verbal intervention techniques, or when the alternatives are considered inappropriate due to the rapid escalation of dangerous behavior.

(f)(e) In the event a youth is armed with a weapon or firearm, all attempts to reasonably diffuse the situation through the application of the RI PAR Escalation Matrix have failed, and staff has determined there is imminent danger of bodily harm or death, facility- and community-based program employees shall, if possible, isolate or contain the youth and request emergency assistance from law enforcement. The Right Interactions PAR Escalation Matrix (TLC 003, April 2023) (SDT 003, November 2021) is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-15379 http://www.flrules.org/Gateway/reference.asp?No=Ref-13912.

(g)(f) If the youth is in the process of inflicting grave bodily harm or possible death upon others or self and all attempts to reasonably diffuse the situation have failed, facility- and community-based program staff shall immediately contact law enforcement. Employees are authorized to use reasonable and necessary means to stabilize the situation.

(h) The use of aerosol or chemical agents, including but not limited to, oleoresin capsicum spray, ammonia capsules, on a youth unless required for medical treatment of the youth by a licensed medical professional is prohibited.

(i) The use of tasers is prohibited.

(2) Authorized Techniques.

(a) Administrators shall submit a new RI PAR Training Plan to the Director of Talent, Leadership, and Culture 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 change’s effective date. Newly contracted, county- or municipally operated facilities shall submit their RI PAR Training Plan as described above no less than 30 calendar days prior to becoming operational. The Right Interactions PAR Training Plan (TLC 007, April 2023) (SDT 007, November 2021) is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-15383 http://www.flrules.org/Gateway/reference.asp?No=Ref-14045.

(b) RI PAR instructors shall only train employees on the techniques identified on the approved training plan for the facility- or community-based program for which they are training.

(3) No change. 

(4) Supervision of Youth in Mechanical Restraints.

(a) Youth secured in mechanical restraints for secure transport or in response to resistance shall be supervised in accordance with this section.

1. At no time shall a youth be left without constant, full, sight and sound supervision by an employee.

2. The youth shall not be placed in an upper bunk or in any position that does not permit constant, full, sight and sound supervision.

3. Youth shall not be stripped of their clothing.

4. Employees responsible for providing constant, full, sight and sound supervision shall be RI PAR certified and have physical possession of the key to unlock the mechanical restraints.

(b) In addition to items identified in subparagraph 63H-3.007(4)(a)1.-4., F.A.C. above, while a youth is placed in mechanical restraints as a response to resistance, employees shall:

1. Employ verbal intervention techniques designed to de-escalate the need for mechanical restraints.

2. Continually monitor the youth’s type of resistance, aggressiveness, and willingness to comply with instructions to determine whether removal of restraints is safe and advisable.

3. Conduct breathing and circulation checks at ten-minute intervals. These ten-minute checks shall be documented on the Mechanical Restraints Supervision Log. The Mechanical Restraints Supervision Log (TLC 002, April 2023) (SDT 002, November 2021) is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-15378 http://www.flrules.org/Gateway/reference.asp?No=Ref-13911.

4. If a restrained youth continues to exhibit negative, hostile, and/or aggressive behavior so that removal of mechanical restraints is unsafe, the supervisor or acting supervisor shall interview the youth and decide if it is safe to remove the mechanical restraints.

a. This interview shall occur no more than 30 minutes after the youth is placed in restraints.

b. If it is decided that it is unsafe to remove the restraints, the supervisor or acting supervisor shall document the decision on the Mechanical Restraints Supervision Log.

c. If authorization is obtained from the Superintendent, Program Director, Administrator, or designee to continue the use of restraints, another interview shall occur no more than one (1) hour after the youth was placed in restraints.

d. Each time the decision is made that it is unsafe to remove the restraints, the decision shall be documented as described above.

(c) Authorization Requirements for Youth in Mechanical Restraints as a Response to Resistance

1. A youth may remain in mechanical restraints up to 60 minutes with the supervisor’s or acting supervisor’s authorization.

2. In order to keep the youth in mechanical restraints for 60 to 120 minutes, the supervisor or acting supervisor shall obtain authorization from the Superintendent, Residential Program Director, Administrator, or designee who shall first consult with a licensed medical and/or mental health professional before authorizing additional time. This authorization shall be obtained within the initial 60-minute timeframe and documented on the Mechanical Restraints Supervision Log to include the name of the professional who was consulted, the time contacted, and the amount of time authorized.

3. In order to keep the youth in mechanical restraints beyond 120 minutes, the same procedures apply as described in paragraph 63H-3.007(4)(b), F.A.C. above, for each subsequent 60-minute timeframe.

4. If at any point during the restraint it is determined that transportation to a medical or mental health treatment center is necessary, the supervisor or acting supervisor shall request verbal authorization from the Superintendent, Program Director, Administrator, or designee to initiate procedures to transport the youth. All authorizations and the time the authorization was received shall be documented on the Mechanical Restraints Supervision Log.

(5) Documentation and Retention of Records.

(a) A RI PAR Report shall be completed after an incident involving the use of countermoves, control techniques, takedowns, or the application of mechanical restraints as a response as identified on the RI PAR Escalation Matrix. The Right Interactions PAR Report (TLC 006, April 2023) (SDT 006, November 2021) is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-15382 http://www.flrules.org/Gateway/reference.asp?No=Ref-13915.

(b) The employees who were engaged with the youth shall complete the RI PAR Report no later than the end of the employee’s workday.

(c) When mechanical restraints are used as a result of resistance, the Mechanical Restraints Supervision Log shall be completed.

(d) The RI PAR Report shall be reviewed by the administrator or designee within 72 hours of the incident, excluding weekends and holidays.

(e) The Post RI PAR Interview shall be conducted as soon as possible, but no longer than 30 minutes after the incident. The findings of the interview shall be documented on the RI PAR Report.

(f) If the Post RI PAR Interview indicates the need for a RI PAR Medical Review, the youth shall be referred to the licensed medical health professional (Physician, Physician Assistant, Advanced Registered Nurse Practitioner, Registered Nurse, or Licensed Practical Nurse) on site. If a medical health professional is not on site and telemedicine is not available, then the youth must be sent off site for this evaluation.

(g) Descriptions of injuries and medical treatment provided shall be filed in the youth’s individual health care record.

(h) Facilities/programs shall retain a copy of the RI PAR Report for three (3) years following the youth’s release from the department’s custody.

(6) Medical Requirements for Training.

(a) If an employee has a medical condition that prohibits performance of one or more physical intervention techniques, the employee shall submit medical documentation from their licensed physician to their supervisor.

(b) The RI PAR Instructor shall direct any employee that discloses a medical issue or injury during training to the employee’s supervisor for follow-up. The employee shall not engage in any RI PAR training until such time as the employee’s physician states the employee can perform all techniques without restriction.

(c) Documents from physicians are confidential records and shall be maintained in accordance with state Personnel rules, or if a contracted facility or program, in accordance with the organization’s applicable policy. The medical documentation shall not be submitted to the RI PAR Instructor. The supervisor shall not send any employee to RI PAR training unless the employee is in good medical standing.

(7) Certification.

(a) All direct care staff shall become RI PAR certified within 90 calendar days following their date of hire.

(b) Employees shall be RI PAR certified by successfully completing the RI PAR training designed for facility- or community-based employees, whichever is applicable. Successful completion requires:

1. Attendance and participation in the 40-hour training specified in the RI the PAR curriculum. Employees shall actively participate in the performance of all physical intervention techniques and mechanical restraints being taught during the training session;

2. A minimum score of 75 percent on the RI PAR examination; and

3. One hundred percent (100%) satisfactory performance of the techniques specified on the RI PAR Performance Evaluation form. The Right Interactions PAR Performance Evaluation (TLC 005, April 2023) (SDT 005, November 2021) is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-15381  http://www.flrules.org/Gateway/reference.asp?No=Ref-13914.

(c) All RI PAR training must be conducted by a certified RI PAR Instructor.

(d) The instructor to student ratio shall be not exceed 1:8 during the physical techniques portion of a RI PAR training session.

(e) The 80-hour RI PAR Train-the-Trainer course shall be delivered by at least one Lead Master RI PAR Instructor.

(8) Cross-Over Training

(a) A RI-certified PAR-certified facility-based employee who crosses over from a community-based to a facility position, or vice versa, shall successfully complete all objectives of the RI PAR certification curriculum applicable to their new position which are not duplicative of the RI PAR certification objectives previously completed by the employee. Such completion must occur within 90 calendar days following the employee’s cross-over date.

(b) The RI PAR Instructor shall train and evaluate the employee’s performance on any techniques that the employee has not been trained to perform. This evaluation shall be completed on the RI PAR Performance Evaluation form. If the employee is unable to perform the new techniques, after remediation, the employee shall not be considered RI PAR certified for purpose of their employment in the new facility or community-based program. If this training shall dually serve as the employee’s annual RI PAR Update, all criteria identified in this rule for the annual RI PAR Update shall be successfully completed.

(9) Rehired Employee Training.

(a) If an employee is rehired within 12 calendar months of their RI PAR certification or most recent annual RI PAR Update, the employee’s RI PAR certification is current.

(b) If an employee is rehired after 12 calendar months of separation, they are no longer considered certified and must complete all requirements as outlined in this rule.

(10) Annual Training Requirement.

(a) All employees shall complete a minimum of eight (8) hours of RI PAR Update training.

(b) The training shall include, at a minimum, the following:

1. A review of this rule section, including curriculum revisions, and other facility or program RI PAR administrative policies and procedures.

2. Instructions on how and when to properly complete the RI PAR Report.

3. Practice of all physical intervention techniques checked on the applicable RI PAR Training Plan and, at a minimum, practice in the use of all mechanical restraints authorized by the facility’s RI PAR Training Plan.

4. Successful completion of the annual in-service training requires 100 percent attendance and participation in the training program. The training hours do not have to be consecutive.

5. If an employee fails to successfully complete the annual update within 12 months of their last RI PAR training, they will no longer be authorized to use physical or mechanical intervention responses and must attend a minimum of eight (8) hours of remedial training, to include 100 percent satisfactory performance of the techniques specified on the employee’s RI PAR Training Plan using the RI PAR Performance Evaluation.

6. If an employee fails to successfully complete the annual update within 16 months of their last RI PAR training, the employee is no longer considered RI PAR certified and must attend the 40-hour RI PAR certification course for either community- or facility-based staff but shall not be required to re-take the RI PAR certification exam.

(11) Testing Requirements.

(a) If a candidate fails the RI PAR written examination, they are only required to attend the remedial classroom training.

(b) RI PAR Instructors shall conduct a practical examination utilizing the RI PAR Performance Evaluation. The completed evaluation shall be uploaded into the SkillPro learning management system.

(c) If an employee failed the RI PAR Performance Evaluation, when remedial training is provided, the RI PAR Instructor candidate or employee is only required to attend the performance-based segment of the training.

(d) Test candidates shall have no more than three (3) attempts to pass the written exam.

(e) Test candidates shall adhere to the following schedule for second and third attempts to pass the written exam:

1. The second attempt shall occur no less than 7 calendar days after, and no more than 45 calendar days after, the first attempt.

2. The third attempt shall occur no less than 14 calendar days after, and no more than 45 calendar days after, the second attempt.

(f) For annual in-service training, the RI PAR Performance Evaluation shall be used for the RI PAR Update to document the practice of the techniques identified on the RI PAR Training Plan. The completed evaluation shall be uploaded into the SkillPro learning management system.

(g) One RI PAR Performance Evaluation form shall be used for each attempt that a facility or program employee makes to pass the performance evaluation. The term “attempt” is described below.

1. ATTEMPT 1: If an employee fails one (1) to three (3) techniques, the RI PAR Instructor shall remediate and re-evaluate the employee on the failed techniques. Upon conclusion of the employee’s performance of the remediated techniques, this shall be the employee’s first attempt at passing the evaluation. If the employee fails to satisfactorily demonstrate the failed techniques after remediation, the employee shall attend remediation on a different date for Attempt 2 and at that time shall be evaluated on the failed techniques. An employee who fails four (4) or more techniques on Attempt 1 shall attend remediation on a different date for Attempt 2 and at that time shall be evaluated on the failed techniques.

2. ATTEMPT 2: If an employee fails one (1) to three (3) techniques, the RI PAR Instructor shall remediate and re-evaluate the employee on the failed techniques. Upon conclusion of the employee’s performance of the remediated techniques, this shall be the employee’s second attempt at passing the evaluation. If the employee fails to satisfactorily demonstrate the failed techniques after remediation, the employee shall attend remediation on a different date for Attempt 3 and at that time shall be evaluated on the failed techniques. An employee who fails four (4) or more techniques on Attempt 2 shall attend remediation on a different date for Attempt 3 and at that time shall be evaluated on the failed techniques.

3. ATTEMPT 3: If an employee fails one (1) to three (3) techniques, the RI PAR instructor shall remediate and re-evaluate the employee on the failed techniques. Upon conclusion of the employee’s performance of the remediated techniques, this shall be the employee’s third attempt at passing the evaluation. If the employee fails to satisfactorily demonstrate the failed techniques after remediation, the employee is considered to have failed their third attempt. An employee who fails four (4) or more techniques on Attempt 3 shall not have an opportunity to receive remediation and is considered to have failed their third attempt.

(h) Employees shall be evaluated using the RI PAR Performance Evaluation form on all physical intervention techniques that are specified on their RI PAR Training Plan.

(12) Training Instructor Fidelity and Certification Renewal.

(a) RI PAR Instructors shall conduct 20 hours of RI PAR training annually to maintain certification. Instructors that do not conduct 20 hours of RI PAR training within one calendar year shall have their instructor privileges suspended until such time as they attend remedial training conducted by a Lead Master RI PAR Instructor.

(b) Instructors shall attend and participate in an eight- (8-) hour in-service training program once every two years as conducted by a Lead Master RI PAR Instructor.

(c) Instructors shall notify the Office of Talent, Leadership, and Culture Staff Development and Training via the RI PAR Fidelity email address of all scheduled RI PAR classes at least 72 hours prior to the commencement of the training. This requirement does not apply to impromptu annual update trainings delivered due to the unexpected availability of staff on a given day or shift.

(d) Instructors shall not be limited in teaching RI PAR to only their facility, program, or unit.

(e) Any RI PAR Instructor who separates from their employment with the department, county, municipality, or contracted facility, program, or entity with a memorandum of understanding are no longer considered to be a certified RI PAR Instructor.

(f) If a RI PAR Instructor is rehired by the department or county, municipality, or contracted facility, program, or entity with a memorandum of understanding within 12 months of separation, their RI PAR certification shall be reinstated by successfully completing RI PAR training for facility- or community-based employees pursuant to this rule.

(g) The facility, provider, or administrator shall notify the Training Entity within 72 hours of a RI PAR Instructor’s separation from the department or contract provider via the RI PAR Fidelity email address.

(h) At no time shall a RI PAR Instructor be financially compensated for the delivery of the RI PAR curriculum other than the salary they receive from their current employer for work time. RI PAR Instructors shall not be permitted to list themselves as a vendor in the My Florida Marketplace system.

(i) The Lead Master RI PAR Instructors shall coordinate with Master RI PAR Instructors regarding the monitoring and development of instructor performance in the delivery and application of the RI PAR curriculum. At a minimum, Master RI PAR Instructors shall:

1. Deliver a minimum of 40 hours of RI PAR training each calendar year, which may include either a RI PAR and/or RI PAR Train-the-Trainer class. The Train-the-Trainer class shall be facilitated by a Lead Master RI PAR Instructor.

2. Participate in quarterly Master RI PAR Instructor meetings that will be conducted in-person, virtually, or via conference call.

3. Complete RI PAR fidelities and provide technical assistance when requested.

(13) RI PAR Fidelity Requirement: All department and contract providers shall adhere to the following procedures when RI PAR incidents resulting in injury or allegations of abuse are reported, for requests for program/facility technical assistance, and for the monitoring of the training and implementation of the RI PAR program.

(a) Superintendents, program monitors, and Regional Directors shall submit reports of RI PAR incidents resulting in injury requiring outside medical attention, allegations of abuse stemming from the use of RI PAR, or requests for technical assistance to the Training Entity via the RI PAR Fidelity email address. All requests shall include the following:

1. RI PAR Fidelity Request form. The Right Interactions PAR Fidelity Request (TLC 004, April 2023) (SDT 004, November 2021) is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-15380 http://www.flrules.org/Gateway/reference.asp?No=Ref-13913.

2. A copy of the RI PAR Report.

3. A copy of supporting multimedia (if available).

(b) Within 24 hours of receipt of the RI PAR Fidelity Request Form, excluding weekends and holidays, a representative of the Office of Talent, Leadership, and Culture Staff Development and Training will assign the request to a Master RI PAR Instructor.

(c) Once all documentation is received, depending on the nature and severity of the incident, a minimum of five (5) days will be needed to complete the review.

1. Upon completion of the review, the Master RI PAR Instructor will submit the completed RI PAR Fidelity Request Form to the requestor or and/or Incident Operation Center.

2. Documentation of RI PAR Fidelity incidents or requests submitted to the Training Entity will be maintained by the Training Entity.

Rulemaking Authority 985.645 FS. Law Implemented 944.241, 985.645 FS. History‒New 3-6-22, Amended __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Minnora Bishop, Director, Office of Talent, Leadership, and Culture.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric S. Hall, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 8, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 18, 2023