The rule establishes the 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-7.012: Transfer, Release and Discharge
63E-7.014: Staff Training
63E-7.015: Research Projects
PURPOSE AND EFFECT: The rule establishes the requirements for the administration and operation of state operated and contracted residential commitment programs for juvenile offenders.
SUMMARY: The rule sections address the transfer and discharge of youth, the training of specified staff, and the procedure for conducting research projects in residential facilities.
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: 20.316, 985.601, 985.64 FS.
LAW IMPLEMENTED: 985.601, 985.04, 985.441, 985.03 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, September 11, 2007, 10:00 a.m.
PLACE: Lydia Monroe, 2737 Centerview Dr., Ste. 312, Tallahassee, FL 32399-3100, e-mail: [e-mail]
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-7.012 Transfer, Release and Discharge.

(1) Transfer.

(a) A residential commitment program may request to transfer a youth to a higher, lower, or same restrictiveness level program by submitting a Request for Transfer form and a transfer Performance Summary to a regional transfer administrator designated by the department. The transfer Performance Summary shall describe efforts by the program to meet the youth’s treatment needs and to modify or manage non-compliant behavior. A program’s request to transfer a youth shall be based on at least one of the following:

l. A youth’s new law violations;

2. The youth’s continued non-compliant behavior after the program has attempted to modify or manage it;

3. The program’s incapacity to meet the youth’s changing treatment needs;

4. The youth’s gang affiliation;

5. Protection of the public; or

6. Impending program closure or reduction in the program’s bed capacity.

(b) The transfer administrator shall conduct a transfer staffing if a youth is being considered for transfer to a higher restrictiveness program, and may conduct a transfer staffing in other cases when he or she deems necessary. If the transfer administrator schedules a transfer staffing, the program requesting the transfer shall:

1. Send the Notification of Transfer Staffing form letter and the transfer Performance Summary to the youth’s parents or legal guardian, copying the youth, the youth’s JPO, the Department of Children and Families foster care worker, if applicable, and any attorneys of record, including the defense attorney and state attorney;

2. Designate at least one member of the youth’s treatment team to participate in the staffing; and

3. Provide any additional information and documentation requested by the transfer administrator.

(c) The transfer administrator shall approve or deny the transfer request based on review of information provided by the program, consideration of any transfer staffing recommendations, verification of the youth’s eligibility for admission into a program at the recommended restrictiveness level, and availability of a program that can better meet the youth’s needs while protecting the public. However, if the transfer administrator approves a request that recommends a transfer to a restrictiveness level other than that to which the court committed the youth, the transfer administrator shall submit the transfer request to the court.

(d) The residential commitment program shall include any transfer request and notification documentation in the youth’s individual management record.

(e) When a transfer is granted, the initiating residential commitment program shall prepare a transfer packet. The receiving program shall inspect the packet prior to the transferred youth’s admission and, if any core documents are not included in the packet, shall contact the initiating program to request the missing documents be faxed or electronically transmitted.  The core documents are as follows:

1. DJJ face sheet;

2. Current commitment order;

3. Predisposition report;

4. Commitment conference summary; and

5. Individual healthcare record that includes:

a. The current original Authority for Evaluation and Treatment or a current legible copy;

b. Comprehensive physical assessment;

c. Immunization records; and

d. Tuberculosis skin test (Mantoux) results, unless contraindicated.

(f) Within 24 hours of any transfer or on the first regular workday of the following week when the youth is transferred on a holiday, a weekend or a Friday afternoon, the program shall update the JJIS Bed Management System or, if a program does not have access to JJIS, shall notify the regional commitment manager. The only exception to this notification requirement is when the regional commitment manager served as the transfer administrator who granted the transfer request.

(2) Release.

(a) When planning for the release of any youth who is clearly not subject to involuntary commitment as a Sexually Violent Predator (SVP), a residential commitment program shall comply with the following provisions.

1. A program with a designed or estimated length of stay of more than 45 days shall forward the Pre-Release Notification and Acknowledgment form, with the pre-release notification section completed, and the release Performance Summary to the youth’s JPO at least 45 days, or in the case of a sex offender who is not VSP eligible, at least 90 days prior to the youth’s planned release date. A residential commitment program with a designed or estimated length of stay of 45 days or less shall forward the Pre-Release Notification and Acknowledgment form, with the pre-release notification section completed, to the youth’s JPO within 72 hours of the youth’s admission to the program.

a. If the program does not receive the completed Pre-Release Notification and Acknowledgment form within 20 working days of the program sending it to the youth’s JPO, the program shall contact the JPO or the JPO’s supervisor to expedite return of the form.

b. In the event that the court directly contacts a residential commitment program to summon, subpoena, or request the youth appear at a hearing to address the release request, the program shall immediately notify the youth’s JPO or, if unavailable, the JPO’s supervisor.

c. If the court objects to the youth’s release, the program shall resubmit the Pre-Release Notification and Acknowledgement form and Performance Summary to the JPO after the youth has made progress towards meeting the court’s expectations.

d. The program shall not release any youth without written notification from the JPO or the JPO’s supervisor that documents the court’s approval or confirms the release is considered approved when the court does not respond within 10 days of the department’s request. Upon notification that a release request has been approved or is considered approved, the program shall provide written notification to the youth’s parents or legal guardian of the planned release.

2. If a youth’s offense is homicide pursuant to Chapter 782, F.S. (lawful representatives or next of kin considered as the victims in homicide cases), a sexual offense pursuant to Chapter 794, F.S., attempted murder or a sexual offense pursuant to Chapter 777, F.S., stalking pursuant to Section 784.048, F.S., or domestic violence pursuant to Section 25.385, F.S., the program shall notify the youth’s victims or their designees prior to releasing the youth unless the youth’s JPO has provided the program with a waiver of notification rights signed by the victims or their designees.

a. The program shall track youth whose victims or designees require notification while maintaining confidentiality that protects the identity of victims.

b. The program shall mail the Victim Notification of Release form letter to the victims or their designees at least 10 working days prior to the youth’s release or, if circumstances beyond the program’s control prevent this, as soon thereafter as possible before the youth’s release. The program shall document all notifications and attempted notifications and shall copy the youth’s JPO and the youth’s individual management record on the notification letter.

c. Under no circumstances shall the program notify a victim or designee if he or she waived notification rights in writing, nor shall the program notify the victim or designee until the youth’s JPO notifies the program of approval to release the youth.

3. The program shall also ensure the following notifications prior to a youth’s release:

a. Educational and vocational staff so required post-testing may be conducted, transcripts prepared, records transferred, and the receiving community school notified.

b. Parties or entities requiring notification if the youth is a juvenile sex offender pursuant Section 985.48, F.S.; and

c. JJIS or the department’s regional commitment manager. Within 24 hours of any release or on the first regular workday of the following week when the youth is released on a holiday, a weekend or a Friday afternoon, the program shall update the JJIS Bed Management System or, if a program does not have access to JJIS, shall notify the regional commitment manager.

4. Prior to a youth’s release, the program shall comply with the following departure procedures:

a. Arrange transportation as necessary; and

b. Conduct a property inventory of the youth’s personal possessions in the presence of the youth, documenting the inventory and verifying its accuracy with signatures of the staff conducting the inventory, the youth, and a witness. The program shall reconcile any differences between the intake and release inventories.

(b) When planning the release of any youth who, based on the department’s screening, may be eligible for involuntary commitment as a SVP, a residential commitment program shall comply with the following provisions:

1. Not less than 240 days prior to the anticipated release of a youth who is potentially SVP eligible, a program with a designed or estimated length of stay of 240 days or more shall notify the JPO of the anticipated release. A program with a designed or estimated length of stay of less than 240 days shall commence notification to the JPO within 30 days of the youth's admission to the program.

2. The program shall not release any youth who is potentially SVP eligible and subject to the provisions of Chapter 394, F.S., until the Sexual Predator Unit at the Department of Children and Families (DCF) has determined eligibility and the youth's JPO has advised the program how to proceed and has provided the program with written documentation to support such action. To facilitate this eligibility determination process, the residential commitment program shall provide to the youth's JPO the documentation required by DCF.

a. A program with an estimated length of stay of 240 days or more shall provide the Jimmy Ryce Act For violent Sexual Offenders/Residential Program Notification Checklist, the performance plan, the Performance Summary, a physical health summary, a summary of the youth’s institutional adjustment if not included in the Performance Summary, and any psychological or psychiatric report.

b. In the case of a program whose estimated length of stay is less than 240 days, wherein release notification commences 30 days or less after the admission of a potentially SVP eligible youth is admitted, the program shall initially provide the JPO with the Jimmy Ryce Act For Violent Sexual Offenders/Residential Program Notification Checklist, the performance plan, a physical health summary, a summary of the youth's institutional adjustment, and any psychological or psychiatric reports. Additionally, the program shall provide the JPO with the Performance Summary and the transition plan immediately subsequent to their completion. Although the program provides existing psychological or psychiatric reports at the time it commences release notification, the program shall provide the JPO with any subsequent psychological or psychiatric reports that may be generated while the youth is still in the program.

c. If DCF determines that a youth is not subject to civil commitment as a SVP pursuant to Chapter 394, F.S., the program shall comply with the provisions set forth in paragraph 63E-7.012(2)(a) of this rule chapter.

(c) In addition to complying with the provisions of paragraph (2)(a) or (2)(b) of this section of this rule chapter, when planning for the release of any sex offender whose offense is specified in Section 943.0435, F.S., and who is subject to registration requirements pursuant to Section 985.481, F.S., a residential commitment program shall:

1. Take a digital photograph of the youth within 60 days prior to release and download the image into JJIS or provide it to the youth’s JPO; and

2. Explain the registration requirements to the youth prior to release and obtain a signed statement wherein the youth acknowledges that he or she understands the requirement to register at the sheriff’s office when he returns to his county of residence.

(3) Discharge. When a youth is being directly discharged rather than released to post-commitment probation or conditional release supervision, a residential commitment program shall comply with the notification requirements for release pursuant to subparagraph 63E-7.012(2)(a)1., sub-subparagraph 63E-7.012(2)(a)1.a., and subparagraphs 7.012(2)(a)2.-3., F.A.C., of this rule chapter and the departure requirements pursuant to subparagraph 63E-7.012(2)(a)4. of this rule chapter, with the following exceptions:

(a) The program shall send a discharge rather than release summary with the Pre-Release Notification and Acknowledgment form to the youth’s JPO; and

(b) The program shall notify the youth’s parent or legal guardian at least 30 days prior to the youth’s discharge unless the youth is being discharged because he or she has reached the age of jurisdiction.

(4) If a youth in a residential commitment program is taken into custody by law enforcement as an adult for crimes that occurred prior to or during residential placement, the program shall:

(a) Complete the Request for Notification When Youth Is Ready for Release form, securing the signature of the law enforcement officer taking custody of the youth, and give him or her a copy of the form and a copy of the youth’s commitment order;

(b) Contact the youth’s JPO by telephone and in writing, immediately notifying him or her of the youth’s status; and

(c) Document the event, notifications and attempted notifications.

(5) When a youth in a residential commitment program is arrested on a new charge or a pre-placement charge pending in juvenile court that results in the youth going to detention, the residential program shall facilitate a timely return of the youth unless the youth’s continued placement in the program substantially jeopardizes safety or security.

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-7.014 Staff Training.

(1) A residential commitment program shall ensure that pre-service or certification training and in-service training for direct care staff, including documentation of training, is consistent with Chapters 63H-2 and 63H-1, F.A.C.

(2) A residential commitment program shall ensure that each non-direct care staff receives pre-service and in-service training commensurate with his or her assigned job duties, including PAR training when required pursuant to Chapter 63H-1, F.A.C. Additionally, the program shall include the following topics in pre-service training for non-direct care staff having direct contact with youth as part of their assigned job duties:

(a) Orientation to include the program’s mission, philosophy and treatment approach, incident reporting, child abuse reporting, and confidentiality pursuant to Section 985.04, F.S;

(b) Professionalism and ethics;

(c) Unique needs and treatment issues of the program’s targeted population;

(d) Restorative justice principles and their application in the program;

(e) Program-specific safety and security procedures, including the program’s COOP and Disaster Plan; and

(f) Implementation of the program’s behavior management system.

(3) In order to specify the minimum required training and any additional training that the program deems necessary, a residential commitment program shall develop and implement a written annual training plan that addresses training for non-direct care staff. This plan, which specifies training topics, projected training dates, and targeted participants by staff types or classes, shall be consistent with training requirements pursuant to Chapter 985, F.S., this rule chapter, Chapter 63H-1, F.A.C., and any additional staff training specified in a provider’s contract with the department.

(4) A residential commitment program shall document training for each non-direct care staff consistent with the documentation requirements specified in Chapter 63H-2, F.A.C., for direct care staff.

(5) A residential commitment program shall ensure that any other service provider regularly on-site in the program receives orientation and training commensurate with his or her assigned role and function. This training shall include professionalism and ethics, safety and security, abuse and incident reporting, confidentiality pursuant to Section 985.04, F.S., and other topics as deemed necessary by the program.

Specific Authority 985.64, 985.601(3)(a), 985.601(8), 20.316 FS. Law Implemented 985.601(3)(a), 985.601(8) FS. History– New________.

 

63E-7.015 Research Projects.

(1) For purposes of this section, research is defined as a systematic investigation designed for the gathering and analysis of information to develop or contribute to generalized knowledge. Research proposals from researchers within the department and from other institutions are subject to the department’s Institutional Review Board (IRB) Process and must be approved in writing by the DJJ Secretary or designee prior to its implementation, including contact with youth or access to youth records for the purposes of such research. Proposals or requests that are not subject to the department’s IRB process include:

(a) Requests from state and federal government agencies for existing data and information collected by the department for program management and evaluation purposes if they are to be used for the same purposes by the requesting agencies and a data sharing agreement exists between the aforementioned entities;

(b) Research and evaluation deemed necessary by the department for program management and reporting and conducted by the department’s unit specifically designated to conduct research and evaluation activities;

(c) Data collection and data analysis conducted by any department unit for purposes of program management and reporting on their daily operations;

(2) The recommendation of the IRB for approval of a research proposal shall be based on:

(a) The likelihood that the research will not cause harm to the subjects;

(b) The requester’s plan to seek informed assent from each perspective participant and consent from his or her legally authorized representative and to provide supporting documentation of acquired assent and consent;

(c) The requester’s plan to take adequate precautions to protect the privacy and confidentiality of subjects and their information;

(d) The support from the residential commitment programs to serve as research sites;

(e) A determination that the associated workload for departmental staff will not interfere with their capacity to perform regularly assigned job functions; and

(f) The potential of the research to provide the department and other juvenile justice stakeholders with information that can be used to improve services to youth or otherwise reduce juvenile delinquency.

(3) The principal investigator, meaning the person who requested the IRB to review the research proposal and who is conducting and/or directing the research project, shall ensure any department approved research project is implemented as approved by the department. The principal investigator shall secure authorization from the IRB prior to implementing any changes in the approved research design and methodology.  Additionally, the principal investigator shall report any anticipated and unanticipated problems and changes involving risk to subjects and others to the IRB director for review.  Any violation or deviation from IRB requirements, approved research protocol, or human subjects may result in termination of departmental approval.

(4) The principal investigator shall submit a copy of the final report published on the authorized research project to the department for review at least 90 days prior to its submission for publication.

(5) A residential commitment program shall not permit commencement of any research project in or associated with the program without an IRB letter of approval signed by the department’s Secretary or designee.

Specific Authority 985.04, 985.64, 20.316 FS. Law Implemented 985.04 FS.  History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Pamela Brantley, Residential Services, Policy Development and Planning
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Rex Uberman, Assistant Secretary for Residential Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 6, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 20, 2007