Purpose and Scope, Definitions, Reporting Incidents, Reportable Incident Types, Operation of the Central Communications Center, Daily Reporting

DEPARTMENT OF JUVENILE JUSTICE
Division of Administration

Rule No.: RULE TITLE
63F-11.001: Purpose and Scope
63F-11.002: Definitions
63F-11.003: Reporting Incidents
63F-11.004: Reportable Incident Types
63F-11.005: Operation of the Central Communications Center
63F-11.006: Daily Reporting

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 17, April 30, 2010 issue of the Florida Administrative Weekly.

63F-11.001 Purpose and Scope.

No change.

Rulemaking Authority 985.64 FS. Law Implemented 20.055(2), 20.316(1), 985.601 FS. History–New_________.

 

63F-11.002 Definitions.

For the purpose of this rule chapter, the following terms are defined as follows:

(1) Abscond – Absconding occurs when a supervised youth goes in a clandestine manner out of the jurisdiction of the court to avoid legal process, or when the youth hides, conceals or absents himself or herself with the intent to avoid legal process.

(2)(1) Administrator – The state employee or designee at the Headquarters or Regional level responsible for the overall department operation in a geographic area or program.

(3)(2) Central Communications Center (CCC) – The unit located in department headquarters that is charged with receiving reports regarding incidents and events involving youths in department custody or under supervision, and state and contracted employees from all department and provider facilities, programs funded in whole or in part, offices, or sites operated by the department, a provider or grantee.

(3) through (7) renumbered (4) through (8) No change.

(9) Failure to Report – Any incident or event that is not reported to the CCC within (2) hours of the incident or event occurring, or two (2) hours after the program gains knowledge of the incident or event.

(10) Grave Harm – An illness or injury that could potentially require emergency or urgent care.

(11)(8) Incapacitating Illness or Injury – Any injury which involves substantial risk of death, protracted and obvious disfigurement, protracted loss or impairment of the function of or a bodily member or organ or mental faculty, lacerations that cause severe hemorrhages, nerve, muscle, or tendon damage, second or third degree burns or any burns affecting more than five percent of the body surface, fracture of or any bone, or the loss of sight in an eye.

(9) through (10) renumbered (12) through (13) No change.

(14) Sexual Contact – Fondling, digital, oral, anal, or vaginal penetration by, or union with the sexual organ of another, or the anal or vaginal penetration of another by other object.

(15)(11) Suicide Attempt – Any action deliberately undertaken by the youth with suicide ideation or intent, which, if carried out, would result in death.

(12) Suicide Gesture – Any action deliberately undertaken by the youth with suicide ideation or intent, which, if carried out, would not result in death.

(16)(13) Youth – For the purposes of this Rule a youth is defined as any person placed in the custody, care, or supervision of the department.

Rulemaking Specific Authority 985.64 FS. Law Implemented 20.055(2), 20.316(1), 985.601 FS. History–New__________.

 

63F-11.003 Reporting Incidents.

(1) All designated incident types shall be reported to the CCC within two (2) hours of the affected facility, office, or program learning of the incident, with the exception of those specified in paragraph 63F-11.004(3)(d), F.A.C.

(a) The reporting facility/program staff shall provide all of the basic information currently known at the time the report is made, including the names of the youth and staff involved, the nature of the incident, the time and location and, when available, any incident number generated by other agencies.

(b) If the CCC is not staffed at the time the call is required, the reporting staff must leave a voice message with his or her name, program affiliation and a telephone number where a person can be reached for additional information.

1. In the case of a serious incident where safety or security is compromised, or a youth or on-duty staff at a state or provider-operated facility or program has an incapacitating illness or injury, or has died, the program must contact its Regional Director and report available details within the required two-hour reporting time, in addition to the voicemail reporting described above. The Regional Director receiving a report of incapacitating illness, injury or death must notify the Assistant Secretary of the pertinent program area, who will ensure that all appropriate notifications are made and CCC reporting is initiated.

2. Upon opening the CCC for operations, following any scheduled or unscheduled period in which the CCC is not staffed, it is the responsibility of the CCC duty officers to return all messages received on the voicemail system, beginning with the calls described in subparagraph 1, above. Other calls will be returned in the order in which they were received.

(c) through (d) No change.

(2) No change.

Rulemaking Specific Authority 985.64 FS. Law Implemented 20.055(2), 20.316(1), 985.601 FS. History–New__________.

 

63F-11.004 Reportable Incident Types.

(1) Program Disruption Incidents, which include including but not limited to:

(a) Accident, Building Emergency, and/or System Malfunction: Any accident on the grounds of the facility or program, or any complete failure of an electronic or manual system that directly impacts the safety, security and welfare of department youths at a residential facility or program, juvenile assessment center, or detention center where maintenance staff cannot affect repairs within twenty-four (24) hours, and facility operations will be disrupted, and/or any emergency situation that requires evacuation or results in the evacuation of youths and staff from a department or provider building. This includes, but is not limited to, fire, bomb threat, or the discovery of a suspect device. Excluded are scheduled exercises, drills, and false alarms.

(b) through (h) No change.

(i) Serious Incidents/Media Attention: Any incident or criminal activity that has resulted in media attention or will likely be subject to public interest. This includes may include, but is not limited to, incidents where media representatives were at the scene of the incident or have called with questions, and/or where public officials have expressed concern. Regardless of the situation, sound judgment should always be used when assessing these types of incidents.

(j) through (l) No change.

(m) Detention Placement Alert: Any incident where a youth in any of the following categories is admitted to a secure detention facility:

1. The admitted youth is 9 10 years of age or younger;

2. The admitted youth has a formal IQ of 70 or below;

3. The admitted youth exhibits behavior suggestive of intellectual disability or developmental disability, including significant deficits in comprehension/reasoning, language expression, or maturity level;

4. The admitted youth is in special education classes for students with “Intellectual Disabilities” or “Autism Spectrum Disorder”;

5. The admitted youth is blind, deaf, mute, or unable to walk without the use of a mechanical aid.

(2) Escape/Abscond Incidents:

(a) Absconder:

1. Any incident in which the whereabouts become unknown for a youth who is pending an administrative transfer, committed to minimum-risk and on pre-placement status, is on an authorized home visit from a residential facility, or is on a temporary release status that was approved by the court. The incident should only be reported after a diligent search has been completed and the court has been formally requested to order that the youth be taken into custody an Affidavit for Pick Up Order has been submitted to the court.

2. Any incident in which a pre-placement youth is reported by the parent or legal guardian to have run away, the family of such a youth leaves the area with the youth without notifying the department or the court of their whereabouts, or a youth fails to arrive for transport to his or her program, and when the court has been formally requested to order that the youth be taken into custody an Affidavit for Pick Up Order has been submitted to the court as a result of the youth’s whereabouts being unknown.

3. When, through a diligent search, it is determined that a youth committed to minimum risk has absconded and the court has been formally requested to order that the youth be taken into custody an Affidavit for Pick Up Order has been submitted to the court. Mere absenteeism from the assigned program does not constitute absconding.

(b) Escape Attempts: Any incident involving a youth who leaves the grounds or boundaries of a secure residential facility, detention facility or juvenile assessment center, or is committed to a secure residential facility and leaves the custody of facility staff when outside the facility, must be reported as an attempted escape if the youth is apprehended immediately and facility staff maintained constant sight supervision throughout the incident.

(c) Escapes:

1. Any incident involving a youth who leaves the grounds or fenced boundaries of a secure residential facility, detention facility or juvenile assessment center, or who is committed or detained in such a place and leaves the custody of facility staff when outside the facility, must be reported as an escape regardless of the length or duration of the departure.

2. Any incident involving a youth who leaves the grounds or boundaries of a non-secure residential facility, or is committed to a non-secure residential facility and leaves the custody and sight supervision of facility staff when outside the facility, must be reported as an escape.

(3) Medical Incidents:

(a) Contagious Diseases: Any incident involving contagious disease requiring the quarantining or hospitalization of at least ten percent (10%) of the total population of youths or staff or six (6) individuals, whichever number is less, within a facility or program.

(b) Employee Death: Any death of an employee while he or she is on or duty.

(c) PAR Restraint, Youth or Staff Injury: Any incident involving a PAR restraint where a youth or staff member receives a serious injury from any restraint that requires medical treatment beyond standard first aid.

(d) Youth Injury: Incidents or events involving a serious injury to a youth under department supervision occurring in a department facility, at a facility-based day treatment program, contracted facility, shelter, or contract site or program must be reported to the CCC when the nature of the injury requires immediate and emergency medical care. An incident under this category is not required to be reported within 2 hours of until staff verifying have verified that a serious injury has occurred with the following:

1. Broken or dislocated bones;

2. Head Injury, excluding superficial cuts, bruises, or minor swelling unaccompanied by changes in mental acuity;

3. Eye injury involving a penetrating wound or an injury that alters vision;

4. Acute dental injury or broken teeth

(e) Medical Illness: Incidents or events involving medical illness to a staff or youth under department supervision or occurring in a department facility, at a facility-based day treatment program, contracted facility, shelter, or contract site or program must be reported to the CCC when the nature of the life threatening injury or illness requires treatment on or off site, and falls within one of the following:

1. Heart or breathing has stopped or the person is turning blue;

2. Unconsciousness or unresponsiveness to voice;

3. CPR is initiated;

4. Severe, prolonged or uncontrollable bleeding;

5. Acute paralysis;

6 Overdose;

7. Acute or prolonged abdominal pain;

8. Acute or prolonged chest pain;

9. Fever of 103 degrees or higher;

10. Inability to urinate for eight (8) hours.

11. Ingestion of a poisonous or potentially poisonous substance.

12. Seizure due to an undiagnosed medical condition, i.e. Epilepsy;

13. Complications of pregnancy;

14. Unscheduled hospital or other healthcare facility admission requiring an overnight stay. This does not include scheduled medical procedures, treatment, or surgeries;

15. Any illness, disease, or other medical condition, or life endangering safety code violation, which requires reporting to the County Health Department, Board of Health, or other healthcare agency.

(f) Youth Death: Any death of a youth occurring while under department supervision.

(g) Youth Dependent Medical: Any biological child of a youth who receives off-site, non-scheduled emergency medical attention while in direct custody of the department.

(4) Mental Health and Substance Abuse Incidents:

(a) Self-Inflicted Injury: Any incident of self-inflicted injury that occurs at a department facility, juvenile assessment center, day treatment program, contracted facility, shelter, contracted site or program resulting in physical injuries, marks or bruises requiring immediate, emergency treatment. Self-inflicted injury means any deliberate action taken by the youth to harm himself or herself, but is not necessarily associated with suicide ideation or suicide intent.

(b) Suicide Attempts: Any incident of a suicide attempt that occurs in a department facility, juvenile assessment center, day treatment program, contracted facility, shelter, contracted site or program requiring emergency medical services. Suicide attempts that do not require outside medical attention or emergency medical services, but which are believed to be potentially serious or life-threatening must also be reported to the CCC. When in doubt if the attempt or gesture was potentially serious or life-threatening, it shall be reported to the CCC.

(5) Complaints Against Staff Incidents:

(a) through (h) No change.

(i) Unauthorized Improper Release: Any incident or event where a youth is improperly released from any state operated or contracted residential facility, secure detention center or juvenile assessment center. This includes the release of a youth from a shelter when the placement is pursuant to a court order.

(j) Health or Mental Health / Substance Abuse Services Complaint: Any known or reasonable suspicion of an improper action or omission of medical, mental health or substance abuse services that could potentially cause grave harm or injury to the youth by any administrative or direct-care staff, regardless of licensure, at a department facility, facility-based day treatment program, contracted facility, shelter, contracted site or program. Any alleged improper action or omission of medical, mental health or substance abuse services by any administrative or direct-care staff, regardless of licensure, at a department facility, facility-based day treatment program, contracted facility, shelter, contracted site or program. This includes, but is not limited to:

1. Denial of care, services or treatment;

2. Narcotic inventory discrepancy; and

3. Omitted Missing medications.

(k) through (m) No change.

(6) Youth Behavior Incidents:

(a) Battery: Any battery occurring in a department facility, facility-based day treatment program, contracted facility, shelter, contracted site, or program that results in a law enforcement arrest.

(b) Felony Activity or Incidents Involving Youths on Community Supervision:

1. Any arrest of a youth for a capital offense or life felony, when as a result of the youth’s actions a victim died or sustained serious injury.

2. Any other situations where the activities of the youth or the department are likely to be the subject of public interest.

(c) through (d) No change.

Rulemaking Specific Authority 985.64 FS. Law Implemented 20.055(2), 20.316(1), 985.601 FS. History–New__________.

 

63F-11.005 Operation of the Central Communications Center.

(1) through (3) No change.

Rulemaking Specific Authority 985.64 FS. Law Implemented 20.055(2), 20.316(1), 985.601 FS. History–New__________.

 

63F-11.006 Daily Reporting.

(1) through (2) No change.

Rulemaking Authority 985.64 FS. Law Implemented 20.055(2), 20.316(1), 985.601 FS. History–New__________.