The amendments expand and clarify definitions. Reportable incidents are regrouped into more intuitive categories. Some reportable incidents have been eliminated (e.g. , food boycotts, onsite investigations by other agencies), ....

 

DEPARTMENT OF JUVENILE JUSTICE

Division of Administration

RULE NOS.:RULE TITLES:

63F-11.002Definitions

63F-11.003Reporting Incidents

63F-11.004Reportable Incident Types

63F-11.006Daily Reporting

PURPOSE AND EFFECT: The amendments expand and clarify definitions. Reportable incidents are regrouped into more intuitive categories. Some reportable incidents have been eliminated (e.g. , food boycotts, onsite investigations by other agencies), and others have been added (e.g., public health emergencies, off-site transport for Baker Act evaluation).

SUMMARY: Rule chapter 63F-11 governs the Department’s Central Communications Center, describing reportable incidents, the time and manner of reporting them, and the dissemination of the daily report to Department staff.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will 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 been prepared by the Agency.

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 FS.

LAW IMPLEMENTED: 985.601 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: October 5, 2022, at 10:00 a.m.

PLACE: DJJ Headquarters, 2737 Centerview Drive, General Counsel's Conference Room 3223, Tallahassee, Florida. For information about participation by telephone, contact Berly Francois at [phone].

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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 To hide, conceal, or absent oneself from the jurisdiction of the court or supervision of the department to avoid legal process, or when the youth hides, conceals or absents himself or herself with the intent to avoid legal process prosecution or supervision.

(2) 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) Baker Act – Within this Rule, the term Baker Act refers to Section 394.451, F.S., covering involuntary mental health examination and placement for persons with mental illness.

(4)(3) 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.

(5)(4) CCC Duty Officer – The designated department employee who receives and processes the information coming into the CCC.

(6) Community Supervision – Includes youth on supervised release, DJJ funded diversion, probation, post-commitment probation, conditional release, and non-residential commitment.

(7)(5) Damage to the Physical Structure – Damage that would render a building or other significant structure (e.g., a fence, gate, or a considerable portion of the building or structure) severely damaged, temporarily unsafe, or unsecured.

(8)(6) Diligent Search – Is a thorough search made by the Juvenile Probation Officer (JPO) or Case Manager to check with the youth’s parents, employer, school, family members, and others likely to have knowledge of his or her whereabouts, in order to document evidence supporting that the youth is hiding in an effort to avoid supervision.

(9)(7) Facility/Program – A contracted or state-operated service or any other program funded in whole or in part by the department.

(10)(8) Facility/Program Staff – Includes state and contracted employees, volunteers, and interns who manage, supervise, have oversight over such staff, or provide direct care or other services to department youths, provider staff of programs funded in whole or in part by the department, and other direct care job positions or positions in direct contact with youths. This includes corporate staff of contracted providers.

(11)(9) Failure to Report – Any reportable incident or event specified in 63F-11.004 Reportable Incident Types that is not reported to the CCC within (2) hours of the incident or event occurring, or (2) hours after any facility, office, or program learned facility/program staff, gains knowledge of the incident or event. This includes within two hours of any facility/program/department/contracted staff gaining knowledge of the incident or event.

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

(12)(11) Serious Incapacitating Illness or Injury – Any illness or injury which could result in a involves substantial risk of death, protracted and obvious disfigurement, protracted loss or impairment of the function of 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 any bone, or the loss of sight in an eye.

(13)(12) Non-Secure Residential Facilities: Programs or program models that are residential but may allow youth to have supervised access to the community. Facilities at this commitment level are either environmentally secure, staff-secure, or are hardware-secure with walls, fencing, or locking doors.

(14) Prison Rape Elimination Act (PREA) – The United States Department of Justice final Rule of National Standards to prevent, detect, and respond to sexual abuse and sexual harassment in juvenile facilities, 28 C.F.R. Part 115.

(15)(13) Protective Action Response (PAR) – Department- The department approved verbal and physical intervention techniques and the application of mechanical restraints used in accordance with Chapter 63H-3, F.A.C. Chapter 63H-1, F.A.C.

(16)(14) Reportable Incident – Any incident or event that involves state-run facilities, staff, contracted facilities, contracted programs, contracted staff, youth on community supervision, volunteers or visitors, that disrupts or has the potential to disrupt the normal operation of the facility or program, any illness or medical condition or injury which causes or has the potential to cause grave harm or death to an individual youth or group of youths; or any other occurrence which causes or has the potential to cause grave harm or death to an individual youth or group of youths, or involves allegations of fraud, abuses, and deficiencies relating to programs and operations administered or financed by the department, or may bring public attention to the department, or other occurrences which do not reach this standard but may still be required to be documented or reported to the department under its rules/policies.

(17)(15) Secure Residential Facilities: Those residential programs that are classified as High and/or Maximum Risk. Facilities at this commitment level are hardware-secure with perimeter fencing and locking doors.

(18)(16) Sexual Misconduct 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, or other instrument. This includes any violation of the Prison Rape Elimination Act (PREA).

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

(20) Supervised Release – Includes youth on home detention, intensive home detention, intensive home detention with electronic monitoring, and day/evening reporting centers.

(21)(18) 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 Authority 985.64 FS. Law Implemented 985.601 FS. History–New 10-11-10, Amended 8-16-16, __________.

 

63F-11.003 Reporting Incidents.

(1) All designated incident types shall be reported to the CCC within two (2) hours of the department affected, facility, office, or program or contracted staff learning or gaining knowledge of the incident or event., 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 or if all operators are busy at the time the call is placed required, the call will be transferred to a voicemail system where the reporting staff must leave a voice message with his or her name, program affiliation and a telephone number with area code 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 at a state or provider-operated facility or program has died or has an incapacitating illness or injury, or has died escaped or attempted escape, the program must contact its Regional Director or designee and report available details within the required two-hour reporting time, in addition to the voicemail reporting described above.

2. The Regional Director or designee receiving a report of a death or incapacitating illness, injury, escape or attempted escape 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.

(c) CCC duty officers are required to return all voice messages. 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.

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) If all operators are busy when the report is initiated, the call will be transferred to a voice-mail system where the reporting staff or administrator must leave his or her name, program affiliation and a local telephone number with area code where a person can be reached for additional information.

(d) CCC duty officers are required to return all voice messages.

1. If the reporting person or other facility/program staff person with information about the incident or event is not available when the call is returned, the duty officer will leave a message on voice-mail or with another person that the call has been returned. The obligation will then pass to the reporting person to contact the CCC.

2. If there is no answer by a person or voicemail voice-mail at the number left by the reporting person, the duty officer will make a maximum of two additional return calls within a 24-hour period. After 24 hours, the obligation will pass to the reporting person to again contact the CCC.

(d)(2) Facility/Program staff shall provide an update of any pertinent information missing from the initial incident report by 10:00 a.m. the day after the incident was reported to the CCC. If applicable, this update shall include updated medical status, any action taken by the facility/program, as well as any additional previously unreported information such as dates and times, etc. The update can shall be made electronically or by calling the CCC.

Rulemaking Authority 985.64 FS. Law Implemented 985.601 FS. History–New 10-11-10, Amended __________.

 

63F-11.004 Reportable Incident Types.

(1) Program Disruption Incidents, which include:

(a) Accident, Building Emergency, or System Malfunction: Any accident on the grounds of the facility or program, or any significant 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, or and facility operations will be disrupted, or any emergency situation that requires evacuation or results in the evacuation of youths and staff from a department owned or provider owned building under contractual use for the care and custody of department youth. 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) Discovery of Illegal or Controlled Drugs, Alcohol, Firearms, or Other Weapons: Any incident where the discovery occurred at any facility, program, office, vehicle, or site operated by the department, a provider or grantee. The following are exceptions to the reporting requirement:

1. Controlled drugs properly stored and secured in a medical unit, in a staff housing unit located on the grounds of the facility/program, or in a department, provider or grant site.

2. Possession of a weapon or firearm by a certified law enforcement officer.

3. Items discovered during the intake process.

(c) Contraband: Any incident or event where the discovery of unauthorized items such as cigarette lighters, tobacco products, electronic smoking devices, money, cellular telephones, smart watches, or other items when the possession of said items presents a potential danger to youth or staff or otherwise disrupts or threatens program safety or security at any facility, program office, or site operated by the department, a provider or grantee. Contraband discovered during the intake process or initial search process does not have to be reported unless the contraband is considered illegal per Florida statute.

1. Any incident or event in which detention or residential staff have an unauthorized item that is discovered in a secure area of the facility/program, regardless of who the items belong to or who is in the possession of the item (youth, staff or no one).

2. Any incident or event in which a youth who has been detained or committed to residential commitment program with no unsupervised release for over 30 days tests positive for illegal drugs. This does not include any medication prescribed to youth.

3.  Any incident or event where evidence is present that contraband exists, but staff have been unable to locate the contraband.

(d) Food Boycott: Any incident where 50 percent or more of the youth population refuses to eat a scheduled meal.

(d) (e) Disturbance: Any situation resulting in the loss of control at a facility or program that necessitates notifying calling in law enforcement, or other outside sources to request assistance. assist in the quelling of the disturbance, and in getting the facility back under control.

(e) (f) Hostage Situation: Any incident where a person is held by force against his or her will to enforce the demands of the hostage-taker.

(f) (g) Incidents Involving Visitors: Any incident involving a visitors visitor(s) that requires resulting in a response a report to by law enforcement., in an investigation or in an arrest for a felony offense.

(g) (h)  Natural or Environmental Disaster: Any incident or event in which a state or contracted facility or program is exposed to adverse elements of nature including, but not limited to, high winds, lightning, flooding, as caused by hurricanes, or earthquake that causes damage to the physical structure interrupting the operation of the program, results in the evacuation of youths and staff, or results in injury to youths or staff. Any incident or event under this subsection involving the evacuation of a facility or program requires an update once the youth and staff return.

(h) (i) Media Attention: Any incident or criminal activity that has resulted in media attention involving youth regardless of their status with the department, DJJ/Contracted personnel, or programs. This includes incidents where media representatives were at the scene of the incident or have called with questions. This does not include social media posts or jail website posts.

(i) (j) Loss, or Theft or Destruction of Department Property, Vehicles, Equipment, or Youth Property: Any incident where the listed categories of property are lost or stolen regardless of incident location:

1. Any state-owned vehicle utilized by the department, a provider, or a grantee.

2. Firearms or other weapons.

3. Keys to a facility, program, or office building, including mechanical keys, electronic keys, or access cards, if they cannot be located within 2 hours.

4. Any state-owned property, including property in the custody of a provider, with a value exceeding $300.00.

5. Computer, computer storage media, or other digital mobile device, such as cellular telephones, radios, and personal digital assistant devices, where there is a reasonable belief that the device may contain statutorily protected confidential information.

6. A department-issued seven-point star badge.

7. Any property of a youth with a value of $50.00 or more that is alleged to have been lost or stolen from the facility.

8. Any U.S. currency, debit card, credit card or gift card belonging to a youth that is alleged to have been lost or stolen from the facility.

(j) (k) Threatened Use or Discovery of an Explosive Device: Any incident where there is a threatened use of an explosive device or an explosive device is discovered at any facility, program, office, or site operated by the department, a provider or grantee.

(k) (l) Vehicle Traffic Crash: Any traffic crash involving a department vehicle or other vehicle used by on-duty staff in the performance of their duties regardless if and/or occupied by department youths. must be reported to the CCC regardless of injuries.

(l) (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 years of age or younger,

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

2. 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,”

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

(m) Unauthorized 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.

(n) Investigation by Other Agency: The CCC must be notified when an agency other than the department is present at a department facility, at a facility-based day treatment program, contracted facility, shelter, or program to conduct an investigation of physical abuse, sexual abuse, neglect, or medical neglect or anything that affects the safety and wellbeing of youth that occurred in a program/facility or involves a department/provider employee and department youth.

(o) Program Closure: Any occurrence causing a program to close, which no longer has the ability to operate and provide services to youth, regardless of the length of closure, except as it relates to a contract action resulting in program closure.

(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.

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 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. Mere absenteeism from the assigned program does not constitute absconding.

4. Any incident in which the whereabouts become unknown for a youth who was court ordered to a CINS/FINS shelter.

(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.

1. Any incident involving a youth who leaves the grounds or boundaries of a non-secure residential facility, must be reported as an attempted escape only if the youth is apprehended immediately and facility staff maintained constant sight supervision throughout the incident. If the non-secure facility has a fenced boundary, the incident must be reported as an escape, regardless of staff maintaining constant sight supervision.

2. Any deliberate act involving youth who attempt to leave the grounds or boundaries of a secure residential facility, detention facility or juvenile assessment center without permission or authority.

3. Any incident involving youth placed in a residential facility, detention facility or juvenile assessment center in which the youth’s whereabouts become unknown and the youth is later recovered inside the facility.

4. Any incident involving youth placed in a residential facility, detention facility, or juvenile assessment center who leaves the custody of facility staff when off-site , 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, must be reported as an escape regardless of the length or duration of the departure.  or Any incident involving a youth who is committed or detained in such a place and leaves the custody of facility staff when off-site 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. must be reported as an escape if:

a. Constant sight supervision was not maintained throughout the incident.

b. The youth leaves the custody or sight supervision of facility staff when off-site.

(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.

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

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

(c) (d) Off-site Medical Transport: Any time a youth is transported off-site to a medical facility for evaluation or treatment. This does not include prior scheduled medical procedures, treatment, or surgeries.

(d) (e) Emergency Medical Services Engagements:  Any time an EMS provider is contacted and responds to a program/facility on behalf of a youth, regardless of whether transport occurs.

(e) 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 required to be reported within 2 hours of staff verifying that a serious injury has occurred with the following:

1. Broken, fractured, 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, or

4. Acute dental injury or broken teeth.

(f) Medical Illness: Incidents or events involving medical illness to a 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 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, (this includes but is not limited to over the counter and prescription medication that exceeds the prescribed or manufacturer’s recommendations that has the potential for harm),

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 or Psychogenic Non-Epileptic Seizures/Pseudo-seizures,

13. Complications of pregnancy, or

14. 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.

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

(h) (i) All omitted, missed, or late prescribed medications not provided within one hour before or one hour after the scheduled time. This excludes over-the-counter medications and as needed medications as these have a lower risk for harm if omitted.

(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 medical 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. This includes any incident in which staff intervention or emergency tool was used to prevent injury or death. When in doubt if the attempt was potentially serious or life-threatening, it shall be reported to the CCC.

(c) Off-site Transport for Evaluation Pursuant to Baker Act Procedures:  Any incident that occurs at a department facility, juvenile assessment center, day treatment program, contracted facility, shelter, or program resulting in a youth being sent for evaluation for commitment pursuant to Baker Act Procedures regardless of their actual admission per the Baker Act.  This does not include youth committed from their homes.

(5) Complaints Against Staff Incidents:

(a) Force: Any alleged use of force including but not limited to department or provider approved physical intervention techniques Protective Action Response (PAR) that results in an allegation of abuse regardless if the abuse registry accepts the complaint.

(b) Accessing, Downloading or Introducing Sexually Explicit Material: Any incident of accessing, downloading, or introducing sexually explicit material by a department or provider employee, grant employee, volunteer, or intern while on duty or on the premises of a department or provider facility, program, office, or site operated by the department, a provider, or grantee that is unrelated to their official duties.

(c) Sexual Misconduct: Any allegation involving the staff of a department facility, facility-based day treatment program, contracted facility, shelter, contracted site, or program, initiating and/or engaging in sexual misconduct or violation of PREA contact with a youth or youth’s family while the youth is under department supervision. This includes any act of sexual abuse or sexual harassment. Additionally, any sexual misconduct by staff with a youth not served by the department but in a program/facility operated by a department provider. 

(d) Improper Relationship: Any allegation involving the staff of a department facility, facility-based day treatment program, contracted facility, or program receiving department funding initiating and/or engaging in a relationship outside their scope of employment with a youth or youth’s family while the youth is under department supervision.

(e) Employment Prior to Background Screening: Any incident occurring in a department facility, juvenile assessment center, day treatment program, contracted facility, shelter, contracted site, or program where an applicant is utilized as an employee, volunteer, mentor, or intern prior to receiving an eligible rating on a department background screening.

(f) Employee Arrest: Any arrest of a department or contract employee, including grant employees, volunteers, and interns.

(g) Falsification of Records or Documents: Any incident of falsification of departmental records or documents with the intent to deceive or mislead the department, or records related to the any youth or to services provided to any youth where the youth is in custody of the department, under the supervision of the department, with a case pending before the court, or receiving services funded in whole or in part by the department. This includes youth served by prevention contracts and grants.

(h) Criminal Activity: Any incident or event of suspected or actual criminal activity occurring in a department facility, juvenile assessment center, day treatment program, contracted facility, shelter, contracted site, or program involving department or provider staff, volunteer, intern, or grant staff.

(i) Unauthorized 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.

(i) (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. This includes:

1. Denial of care, services, or treatment,

2. Controlled medication inventory discrepancy (medications requiring shift-to-shift inventory per Rule 63M-2.026, F.A.C.); and,

3. All omitted prescribed medications.

(k) Other Agency Investigations: The CCC must be notified when an agency other than the department is present at a department facility, at a facility-based day treatment program, contracted facility, shelter, contracted site, or program to conduct an investigation of physical abuse, sexual abuse, neglect, or medical neglect.

(j) (l) Use of Intoxicating Substances: Any incident of use of alcohol or illegal drugs by a department employee, provider employee, or grant employee while on duty or on the premises of a department or provider facility, program office, or site operated by department, provider, or grantee.

(k) (m) Threats by Staff: Any allegation where there are threats of violence by between staff at a department or provider facility, program, office, or site operated by the department, provider, or grantee.

(l) Confidentiality Violations:  Unauthorized release of any identifying information related to youth such as photographs and personal information.

(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: Any arrest of a youth for a capital offense or life felony, including punishable by life offenses, when as a result of the youth’s actions a victim died or sustained serious injury. This would also include any charge of homicide/murder or attempted murder that is not considered a capital or life offense.

(c) Felony Arrests of Youth for Violations Committed While in Custody: Any incident involving felonious acts committed while in a department facility or program, including juvenile assessment centers and facility-based day treatment, minimum-risk programs, or shelters, resulting in an arrest.

(d)  Youth on Youth Sexual Harassment:  Any repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one youth directed toward another youth while detained in a detention facility or residential commitment program. 

(e) (d) Youth on Youth Sexual Contact: Any alleged incident or event occurring in a department facility, juvenile assessment center, day treatment program, contracted facility, shelter, contracted site, or program where youths engage in sexual contact with one another. Additionally, any alleged sex act which may constitute a form of sexual battery as defined in Section 794.011, F.S., occurring in a department facility, juvenile assessment center, day treatment program, contracted facility, shelter, contracted site, or program in which there is obvious injury or physical evidence to support the allegations will be reported regardless of the elapsed time. This includes any incident of sexual abuse as defined by the Prison Rape Elimination Act (PREA).

(f)  Accessing, Downloading or Posting on Internet: Any incident involving a youth in a residential program or detention facility accessing, downloading, or posting material on a social media site or other non-approved Internet site.

Rulemaking Authority 985.64 FS. Law Implemented 985.601 FS. History–New 10-11-10, Amended 8-16-16, __________.

 

63F-11.006 Daily Reporting.

(1) A CCC Daily Report will be created and reviewed by the duty officer or CCC supervisor. The report will reflect all incoming information for the prior twenty-four (24) hour period (6:01 a.m. to 6:00 a.m.) and will be distributed each administrative workday to the Secretary, Executive Leadership Team (ELT), and other authorized recipients.

(2) Each CCC Daily Report is confidential to the extent provided for in the Florida Statutes.

(a) Recipients of the CCC Daily Report are not authorized to forward or disseminate it to any other person except as provided for by this rule or by Florida law.

(b) Medical information accepted by the CCC will be limited to that which is relevant and critical to dissemination of incident or event information. Prescription medications will not be identified in the CCC Report unless relevant to the nature of the incident.

1. Prescription medications will not be identified in the CCC Report unless relevant to the nature of the incident.

2. Sexually transmissible disease (STD) information is statutorily protected under Section 384.30, F.S., and the CCC Report will not record information pertaining to a youth’s STD diagnosis. STD information for staff is similarly protected under Section 119.071(4)(b), F.S., and will not be recorded.

Rulemaking Authority 985.64 FS. Law Implemented 985.601 FS. History–New 10-11-10, Amended __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rachel Robinson, Office of Inspector General

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 12, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 14, 2021