The rule establishes requirements for the administration and operation of state operated and contracted residential commitment programs for juvenile offenders.

DEPARTMENT OF JUVENILE JUSTICE
Residential Services

RULE NO: RULE TITLE
63E-7.006: Quality of Life and youth Grievance Process
63E-7.007: Youth Hygiene and Dress Code
63E-7.008: Facility and Food Services
63E-7.009: Behavior Management
PURPOSE AND EFFECT: The rule establishes requirements for the administration and operation of state operated and contracted residential commitment programs for juvenile offenders.
SUMMARY: The rule governs various conditions of confinement, including quality of life, youth grievances, visitation, mail and telephone access, hygiene, food services and behavior management.
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: 985.64, 985.601, 20.316 FS.
LAW IMPLEMENTED: 985.601, 985.03(44), 985.441 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Friday, July 27, 2007, 10:00 a.m.
PLACE: DJJ Headquarters, 2737 Centerview Dr., General Counsel’s Conference Room 312, 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: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

63E-7.006 Quality of Life and Youth Grievance Process.

(1) A residential commitment program shall establish the expectation that staff will treat youth with dignity and respect, and the program shall provide a positive quality of life for its youth by providing, at a minimum, the following:

(a) Shelter;

(b) Safety and security;

(c) Clothing;

(d) Food;

(e) Access to the Department of Children and Families’ central abuse hotline addressed in Chapter 39, F.S., or if the youth is 18 years or older, the department’s Central Communications Center that serves as the department’s incident reporting hotline;

(f) Healthcare;

(g) Mental health and substance abuse services;

(h) Educational and prevocational or vocational services;

(j) Opportunities for recreation and large muscle exercise;

(k) Opportunities for expression of religious beliefs;

(l) Visitation;

(m) Access to incoming mail and opportunities to send outgoing mail; and

(n) Telephone access.

(2) A residential commitment program shall establish a visitation schedule that is readily available to persons interested in visiting youth. However, to facilitate family reunification, the program shall consider requests for alternate visitation arrangements from a youth’s parent, legal guardian or grandparent unless such contact is specifically prohibited by a court order, against the youth’s wishes, or poses a safety or security threat. Additionally, the program shall accommodate visitation by the youth’s attorney of record, JPO and clergy.

(3) A residential commitment program shall provide opportunities for youth to send and receive mail and shall facilitate correspondence that fosters the youth’s reunification with his or her family unless specifically prohibited by court order, a family member is the youth’s victim, or it is determined not to be in the best interest of the youth. The program shall not allow the youth to directly correspond with his or her victim except through an apology letter whose content is approved by the program director or designee and sent to the youth’s JPO to forward to the victim only if he or she expresses a willingness to receive it.

(4) A residential commitment program shall provide opportunities for youth to receive incoming emergency telephone calls from family members or his or her legal guardian and calls from the youth’s JPO and attorney of record. The program shall allow each youth to make outgoing calls to the JPO and attorney of record. A written procedure that fosters family reunification and community reintegration shall specify youths’ access to incoming calls from and outgoing calls to family and other persons.

(5) A residential commitment program shall establish written procedures specifying the process for youth to grieve actions of program staff and conditions or circumstances in the program related to the violation or denial of basic rights. These procedures shall establish each youth’s right to grieve and ensure that all youth are treated fairly, respectfully, without discrimination, and that their rights are protected.

(a) The procedures shall address each of the following phases of the youth grievance process, specifying timeframes that promote timely feedback to youth and rectification of situations or conditions when grievances are determined to be valid or justified.

1. Informal phase wherein the youth attempts to resolve the complaint or condition with staff on duty at the time of the grieved situation;

2. Formal phase wherein the youth submits a written grievance that requires a written response from a supervisory staff person; and

3. Appeal phase wherein the youth may appeal the outcome of the formal phase to the program director or designee.

(b) Program staff shall be trained on the program’s youth grievance process and procedures.

(c) Program staff shall explain the grievance process to youth during their program orientation and shall post the written procedures throughout the facility for easy access by youth.

(d) Program staff shall ensure that a youth requesting to file a grievance be given necessary forms and accompanying instructions and shall assist the youth in filing the grievance if needed.

(e) The program shall maintain documentation on each youth grievance and its outcome for at least one year.

Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441(1)(b) FS. History– New_________.

 

63E-7.007 Youth Hygiene and Dress Code.

(1) A residential commitment program shall establish expectations for youth to engage in personal hygiene activities. At a minimum, the program shall allow time on the schedule for youth to:

(a) Practice dental hygiene twice daily;

(b) Bathe or shower and wash hair daily unless medically contraindicated;

(c) Style or comb their hair daily;

(d) Shave daily, if males, and twice weekly, if females, unless medically contraindicated; and

(e) Clean and trim their fingernails.

(2) Residential commitment program staff shall provide hygiene instruction and assistance to youth when necessary and shall accommodate the need for:

(a) Females to use the restroom or bathe more frequently during their menstrual cycles; and

(b) Youth to bathe more frequently when engaging in strenuous outdoor exercise or work projects during hot weather, if the program’s schedule permits.

(3) A residential commitment program shall provide each youth with individual hygiene supplies to include, at a minimum, the following:

(a) Toothbrush and toothpaste;

(b) Soap;

(c) Shampoo;

(d) Combs or brushes;

(e) Shaving supplies;

(f) Body lotion; and

(g) Feminine hygiene supplies for females.

(4) Pursuant to Rules 64E-12.007 (6-18-87) and 64E-12.008 (6-18-87), F.A.C., a residential commitment program shall provide clean clothing, bedding and towels that are in good condition or repair, as well as storage space for hygiene supplies or toiletries.

(5) A residential commitment program shall establish and enforce a dress code for youth.

(a) The dress code shall be written to:

1. Promote a neat and well groomed appearance;

2. Foster pride in appearance;

3. Deter the transfer of attire or symbols associated with negative subcultures, such as gangs, into the program;

4. Promote safety and hygiene; and

5. Assist in differentiating youth from staff.

(b) The dress code shall require the program to provide youth with:

1. Clean, comfortable and modest attire that is in good repair, fits properly, is suitable for the climate, and does not compromise safety; and

2. At a minimum, clean underwear daily, four changes of clothes weekly, shoes, and sleeping attire.

(c) The dress code for youth shall:

1. Require youth to wear clothing as designed, such as pants or shorts pulled up and properly fastened so underwear is not revealed;

2. Prohibit attire with any messages, markings or designs that are gang-related, drug or alcohol-related, profane or vulgar;

3. Prohibit youth from going barefoot except when bathing, in their rooms resting or sleeping, or under other circumstances deemed warranted by program staff, such as during water related activities;

4. Prohibit jewelry except for a medical alert bracelet, or if authorized by the program, a watch;

5. Specify acceptable and prohibited hair styles in order to:

a. Promote a neat appearance, safety and hygiene, and

b. Prohibit lettering, gang signs, numbering or designs cut, dyed, painted or placed in the hair or on the scalp; and

6. Require males to maintain a clean-shaven appearance unless a medical exemption necessitates trimming facial hair with scissors or clippers rather than shaving.

Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441(1)(b) FS. History– New_________.

 

63E-7.008 Facility and Food Services.

(1) A residential commitment program shall maintain its facility and grounds pursuant to the following provisions of the Florida Administrative Code:

(a) Water supply: Rule 64E-12.003, F.A.C., (8-7-96);

(b) Housing: Rule 64E-12.005, F.A.C. (8-7-96);

(c) Insect and Rodent Control: Rule 64E-12.006, F.A.C. (8-7-96);

(d) Laundry: Rule 64E-12.008, F.A.C. (6-18-87);

(e) Poisonous or Toxic Substances: Rule 64E-12.009, F.A.C. (6-18-87);

(f) Garbage and Rubbish: Rule 64E-12.010, F.A.C. (8-7-96); and

(g) Recreational Areas: subsections 64E-12.011(1)-(2), F.A.C. (8-7-96).

(2) A residential commitment program shall ensure that disposal of biohazardous waste is in accordance with Occupational Safety and Health Administration (OSHA) Standard 29 CFR 1910.1030. The program shall not allow youth to clean, handle, or dispose of any other person’s biohazardous material, bodily fluids or human waste.

(3) A residential commitment program shall develop a site-specific plan addressing exposure to bloodborne pathogens.

(4) A residential commitment program shall pass annual inspections that address compliance with state health, sanitation and food service standards.

(5) A residential commitment program shall establish and implement cleaning schedules, a pest control system, a garbage removal system, and a facility maintenance system. At a minimum, the facility maintenance system shall include maintenance schedules and timely repairs based on visual and manual inspections of the facility structure, grounds and equipment.

(6) The siting of any new facility or structure for the purpose of operating a residential commitment program shall be in accordance with the following:

(a) Local zoning codes and ordinances per Section 125.01, F.S.;

(b) Provisions as specified in Rule Titles 62 and 17, F.A.C. pertaining to new construction and site development;

(c) Florida Building Code and Florida Fire Prevention Code pursuant to Section 125.56, F.S.;

(d) Office of State Fire Marshall requirements for new construction pursuant to Section 633.01, F.S.;

(e) Provisions as outlined in Section 985.03(44), F.S., based on the restrictiveness level of the program; and

(f) Additional minimum requirements to include:

1. Sleeping quarters.

a. 35 square feet unencumbered space, defined as usable space that is not encumbered by furnishings or fixtures, per youth in the sleeping quarters, with at least one dimension of the unencumbered space no less than seven feet;

b. One partition for every four youth in shared sleeping areas; and

c. A bed, mattress, pillow, desk, chair or stool, and personal storage space for every youth.

2. 35 square feet per youth for dayroom and multi-purpose room activities;

3. 50 square feet outdoor recreational space per youth;

4. 56.25 square feet per youth for rooms used for educational purposes, with a classroom size based on a maximum of 16 youth;

5. Natural and artificial light to accommodate daily activities of the program;

6. Temperatures in indoor living and work areas for summer and winter comfort zones;

7. Space to accommodate dining, individual counseling, group meetings and other activities involving youth and staff that are integral to the program design; and

8. A closed circuit television system that includes but is not limited to, a color digital recording device. The digital video recorder (DVR) must be capable of a minimum of 30 days recorded event storage within the hard drive, have a minimum setting of eight frames per second, have a minimum of 16 camera inputs, and be capable of remote viewing. All equipment must be surge protected and have a universal surge protector backup and be connected to an emergency power supply.

(7) Any facility, building or structure newly leased for the purpose of operating a residential commitment program or any facility or structure whose usage is being changed to house a residential commitment program shall be in accordance with paragraphs 63E-7.008(6)(a), 7.008(6)(c), and 7.008(6)(e)-(f), F.A.C. Additionally, newly leased facilities shall be in accordance with the Office of State Fire Marshall requirements for leased space as specified in Section 633.01, F.S.

(8) A residential commitment program shall not make any renovations or modifications to a facility owned by the department, including exterior features such as lighting, fencing and the sally port, without written permission from the department.

(9) A residential commitment program operated by the state or by a non-profit entity shall comply with all guidelines and maintain documentation as required by the USDA National School Lunch and School Breakfast Program.

(10) A residential commitment program shall provide each youth with at least three nutritionally balanced meals per day and shall:

(a) Serve at least two of the meals hot;

(b) Consider food flavor, texture, temperature, appearance and palatability when preparing and serving food;

(c) Provide youth special diets when prescribed for health reasons or when dictated by religious beliefs; and

(d) Not withhold food as a disciplinary measure.

(11) A residential commitment program that is a food service establishment or is included in a food service establishment as defined in Chapter 381, F.S., shall provide food services pursuant to Chapter 64E-11, Florida Administrative Code (F.A.C.):

(a) General: Rule 64E-11.001, F.A.C. (8-28-96).

(b) Definitions: Rule 64E-11.002, F.A.C. (7-14-03).

(c) Food Supplies: Rule 64E-11.003, F.A.C. (7-14-03).

(d) Food Protection: Rule 64E-11.004, F.A.C. (7-14-03).

(e) Personnel: Rule 64E-11.005, F.A.C. (7-14-03).

(f) Food Equipment and Utensils: Rule 64E-11.006,F.A.C. (7-14-03).

(g) Sanitary Facilities and Control: Rule 64E-11.007, F.A.C. (7-14-03).

(h) Other Facilities and Operations: Rule 64E-11.008, F.A.C. (3-15-98).

(j) Temporary Food Service Events: Rule 64E-11.009, F.A.C. (3-15-98).

(k) Procedure When Infection Is Suspected: Rule 64E-11.011, F.A.C. (2-21-91).

(l) Manager Certification: Rule 64E-11.012, F.A.C. (7-14-03).

(m) Certificates and Fees: Rule 64E-11.013, F.A.C. (7-14-03).

(12) A private home that serves as a residential commitment placement, such as a family home, shall provide food services pursuant to Rule 64E-12.004, F.A.C.

Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441(1)(b) FS. History– New_________.

 

63E-7.009 Behavior Management.

(1) Consistent with its treatment approach, a residential commitment program shall establish a behavior management system, utilizing evidence-based techniques, that is responsive to the unique characteristics of the program’s population. Only someone with training or experience in behavior management techniques or systems shall develop or modify a program’s behavior management system. A program’s behavior management system shall foster accountability for behavior and compliance with the residential community’s rules and expectations.

(2) A residential commitment program’s behavior management system shall be described in writing and designed to:

(a) Maintain order and security;

(b) Promote safety, respect, fairness, and protection of rights within the residential community;

(c) Provide constructive discipline and a system of positive and negative consequences to encourage youth to meet expectations for behavior;

(d) Provide opportunities for positive reinforcement and recognition for accomplishments and positive behaviors;

(e) Promote socially acceptable means for youth to meet their needs;

(f) Include a process whereby:

1. Staff explain to the youth the reason for any sanction imposed;

2. The youth is given an opportunity to explain his or her behavior; and

3. Staff and the youth discuss the behavior’s impact on others, reasonable reparations for harm caused to others, and alternative acceptable behaviors;

(g) Promote dialogue and peaceful conflict resolution;

(h) Minimize separation of youth from the general population; and

(j) Complement the performance planning process.

(3) A residential commitment program’s behavior management system shall not:

(a) Be used solely to increase a youth’s length of stay;

(b) Be used to deny a youth basic rights or services to include regular meals, clothing, sleep, physical or mental health services, educational services, exercise, correspondence, and contact with his or her parents or legal guardian, attorney of record, JPO, or clergy;

(c) Promote the use of group discipline;

(d) Allow youth to sanction other youth; or

(e) Include disciplinary confinement wherein a youth is isolated in a locked room as discipline for misbehavior.

(4) Consistent with the following provisions, a residential commitment program may use room restriction for major infractions as part of its behavior management system, temporarily restricting the youth’s participation in routine activities by requiring the youth to remain in his or her sleeping quarters:

(a) Room restriction shall not be used for a youth who is out of control or a suicide risk.

(b) A supervisor shall give prior approval for each use of room restriction.

(c) Room restriction shall not exceed four hours and the door to the room shall remain open to facilitate staff supervision.

(d) Staff shall engage, or attempt to engage, the youth in productive interactions at least every thirty minutes while on room restriction status.

(e) The program shall not deny a youth basic services, such as regular meals and physical or mental health services.

(f) Program staff shall use strategies, such as conflict resolution and constructive dialogue, to facilitate the youth’s reintegration into the general population when released from room restriction.

(g) For each use of room restriction, the program shall document the following:

1. A description of the behavior that resulted in room restriction;

2. The date and time room restriction was implemented;

3. The name of the staff person who recommended the use of room restriction and the name of the approving supervisor;

4. The name of the staff person removing the youth from room restriction;

5. The date and time of removal and a description of the youth’s behavior and attitude upon removal; and

6. Follow-up actions taken or attempted to help re-integrate the youth back into the general population when released from room restriction.

(5) A moderate-risk, high-risk, or maximum-risk residential commitment program with a bed capacity of 50 beds or more may establish a behavior management unit to deal with a youth’s misbehavior when less restrictive interventions have proven ineffective or are deemed unreasonable for the circumstances.  For purposes of this rule, a behavior management unit is a designated living area within the facility that enables the program to separate from the general population those youth whose inappropriate behavior significantly disrupts the program’s residential community, endangers the safety of staff and other youth, or threatens major destruction of property.  The behavior management unit may be secure with locking exit doors, but shall not be comprised of secure rooms wherein youth are kept in lock-down status.

(a) If a youth is assessed and it is determined that he or she is not a danger to self and there are no identified mental health, physical health or other contraindicating factors, a supervisor may approve placing a youth in the behavior management unit as a result of one or more of the following serious behavioral problems:

1. Physically assaulting another youth or staff member;

2. Leading, directing, or inciting other youth to riot or escape;

3. Attempting to escape (or escaped and is returned to the program);

4. Inflicting major property destruction; and

5. Repeatedly violating rules of the program.

(b) A behavior management unit’s bed capacity shall not exceed 15.

(c) The staff-to-youth ratio in a behavior management unit shall be at least that provided in the general population and sufficient to operate the unit safely and securely.  Staff assigned to the unit shall have specialty training in behavior management and behavior modification techniques.

(d) Sleeping rooms for youth shall have a minimum of 35 square feet of unencumbered space and shall meet the following specifications:

1. Solid core hardwood or metal door with a shatter-resistant observation window;

2. Vents not easily accessible from the toilet, sink or bed that are covered with small mesh or a metal plate (holes no larger than 3/16 inch) with no edges exposed;

3. A security-rated, fire-retardant plastic mattress suitable for use on the floor or a suicide-resistant bed;

4. Recessed light fixtures covered with shatter-resistant material or alternative lighting reviewed and approved by the department;

5. Shatter-resistant windows or, if glass windows that are not shatter resistant, covered with security-rated screens or other materials that prevent access to the glass;

6. No electrical outlets; and

7. Electrical switches located outside the sleeping rooms or covered and secured if located inside the rooms.

(e) Staff shall explain to the youth the reasons for placement in the behavior management unit and discuss with the youth consequences of repetition of the maladaptive behavior, alternative acceptable behaviors, harm caused to others as a result of the maladaptive behavior and possible reparations.

(f) Staff shall advise the youth of criteria for release from the behavior management unit, including achievement of short-term goals established by the treatment team to address maladaptive behaviors.

(g) At a minimum, the program shall provide youth with the following while they are placed in the behavior management unit:

1. Regular meals;

2. Clean clothing and linen;

3. Personal hygiene;

4. Educational services and other treatment activities associated with attainment of short-term goals for release from the unit;

5. At least one hour of large muscle physical exercise daily; and

6. Telephone, correspondence, and visitation contact with the attorney of record, JPO, clergy and parents or guardian.

(h) Reviews.

1. The youth’s treatment team shall review the case within 72 hours of the youth being placed in a behavior management unit.  If the treatment team decides to continue the youth’s placement in the unit, the team shall develop short-term goals to assist the youth with accountability for behavior and changing or controlling maladaptive behaviors. The youth shall be present when the treatment team meets and given an opportunity to give input.

2. If the youth remains in the behavior management unit for 14 days, the treatment team shall review the youth’s progress in attaining the short-term goals and determine whether the youth is to be released or placement continued.

3. Every 72 hours that the youth remains in the behavior management unit after the 14-day review, the treatment team shall review the youth’s progress and recommend continued placement or release. At this stage, continued placement requires approval of the program director or his or her designee.

4. If possible, the youth shall participate in all treatment team reviews, but if not, a representative of the treatment team shall discuss review findings with the youth.

(j) The program shall release a youth from the behavior management unit at any time it is determined that continued placement would be detrimental to the youth’s well being or at the discretion of the program director or his or her designee.

(k) Mechanical restraints may be used in the behavior management unit only as a last resort and any use shall be pursuant to Rule 63H-1.005, F.A.C., and documented pursuant to Rule 63H-1.007, F.A.C.

(l) A program with a behavior management unit shall establish a system of documentation and record maintenance to include, at a minimum, the following:

1. Ongoing log of placements, including the name of each youth placed, date of placement, date of release, and the name of the approving supervisor;

2. Documentation of treatment team meetings and reviews while the youth is in the behavior management unit, including initial short-term goals and any subsequent modifications, review date and signatures of participants, description of the youth’s progress, and recommendations; and

3. Documentation of the program director’s or his or her designee’s approval of a recommendation for continued placement resulting from any 72-hour review conducted after the youth’s 14th day in the unit.

(6) A residential commitment program shall provide training on implementation of its behavior management system to staff and other service providers having direct contact with youth in the program.

Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441(1)(b) FS.  History– New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Joan Wimmer, DJJ Residential Services Policy Development & Planning Coordinator
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Rex Uberman, DJJ Assistant Secretary for Residential Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 25, 2007