Amendments are made to the rule chapter governing the administration and operation of residential treatment programs for juvenile offenders, widening the scope of the chapter and eliminating superseded references.

DEPARTMENT OF JUVENILE JUSTICE
Residential Services

RULE NO: RULE TITLE
63E-7.001: Purpose and Scope
63E-7.007: Youth Hygiene and Dress Code
63E-7.008: Facility and Food Services
PURPOSE AND EFFECT: Amendments are made to the rule chapter governing the administration and operation of residential treatment programs for juvenile offenders, widening the scope of the chapter and eliminating superseded references.
SUMMARY: The amendments eliminate the exclusion of serious habitual offender programs and intensive residential treatment programs from the purpose and scope of the rule, effectively incorporating those programs into this rule chapter. Amendments to standards governing youth hygiene and the physical plant are also made, which eliminate superseded references.
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 FS.
LAW IMPLEMENTED: 985.601(3)(a), 985.47, 985.483 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:
DATE AND TIME: Tuesday, December 16, 2008, 10:00 a.m.
PLACE: DJJ Headquarters, 2737 Centerview Drive, General Counsel’s Conference Room 3223, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Milla [phone]; e-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

63E-7.001 Purpose and Scope.

This rule establishes the requirements for the department’s administration and operation of residential commitment programs for juvenile offenders, with the exception of serious habitual offender programs, intensive residential treatment programs, sheriff’s training and respect programs, and expedition programs specifically addressed in Chapters 63E-3, 63E-4, 63E-6, and 63E-8, F.A.C., respectively.

Specific Authority 985.64, 985.601(3)(a), 20.316, 985.47, 985.483 FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441(1)(b), 985.48, 985.47, 985.483 FS. History–New 9-30-07, Amended 8-25-08,_________.

 

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, as well as storage space for such supplies. Individual hygiene supplies shall 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 Chapter 64E-2612.007 (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.

(d) The program shall establish an internal process to review and provide a timely response to a youth’s request for exemption from the dress code based on a religious belief. The program shall accommodate a youth’s validated religious belief unless it is determined that doing so would compromise the safe and secure operation of 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 12-24-07, Amended__________.

 

63E-7.008 Facility and Food Services.

(1) A residential commitment program is subject to the provisions of Chapters 64E-26, F.A.C. 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.

(4)(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.

(5)(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 Title 62, 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 Marshal 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, a mattress that meets the national fire safety performance requirements, a pillow, a desk, a 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. Heating and air conditioning equipment with the capacity to maintain indoor temperatures between 68 and 75 degrees Fahrenheit;

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, and be capable of remote viewing. Programs with 15 beds or more must have a minimum of 16 camera inputs. All equipment must be surge protected and have a universal surge protector backup and be connected to an emergency power supply.

(6)(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), 7.008(6)(e), and for programs with 15 beds or more 7.008(6)(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.

(7)(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.

(8)(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.

(9)(10) A residential commitment program shall use a cycle menu that, with the exception of any residential commitment program with a bed capacity of five or less beds, is reviewed and approved by a dietitian licensed pursuant to Chapter 468, F.S. The program shall provide each youth with at least three nutritionally balanced meals and one nutritional snack per day and shall:

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

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

(c) 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)

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

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

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

(l) 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 12-24-07, Amended 8-25-08,__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Pamela Brantley, Residential Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Frank Peterman, Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 12, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 24, 2008