Quality of Life and youth Grievance Process, Youth Hygiene and Dress Code, Facility and Food Services, Behavior Management
DEPARTMENT OF JUVENILE JUSTICE
Residential ServicesRULE 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 ManagementNOTICE 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. 33 No. 27, July 6, 2007 issue of the Florida Administrative Weekly.
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;
(i)(j) Opportunities for recreation and large muscle exercise;
(j)(k) Opportunities for expression of religious beliefs;
(k)(l) Visitation;
(l)(m) Access to incoming mail and opportunities to send outgoing mail; and
(m)(n) Telephone access.
(2) through (3) No change.
(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 and, if applicable, the dependency case manager. The program shall allow each youth to make outgoing calls to the JPO, and attorney of record and, if applicable, the dependency case manager. 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) through (c) No change.
(d) The program shall provide grievance forms and accompanying instructions at locations throughout the facility so they are readily accessible to youth. When a youth requests assistance in filing a grievance, program staff shall assist the youth as needed. 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) No change.
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) through (4) No change.
(5) A residential commitment program shall establish and enforce a dress code for youth.
(a) through (c) No change.
(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 ________.
63E-7.008 Facility and Food Services.
(1) through (5) No change.
(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) through (e) No change.
(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 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) through (9) No change.
(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) Consider food flavor, texture, temperature, appearance and palatability when preparing and serving food;
(b)(c) Provide youth special diets when prescribed for health reasons or when dictated by religious beliefs; and
(c)(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)
(i)(j) Temporary Food Service Events: Rule 64E-11.009, F.A.C. (3-15-98)
(j)(k) Procedure When Infection is Suspected: Rule 64E-11.011, F.A.C. (2-21-91)
(k)(l) Manager Certification: Rule 64E-11.012, F.A.C. (7-14-03)
(l)(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 that addresses the following and is conducted in a manner that accommodates the cognitive capacity of individual youth 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
(i)(j) Complement the performance planning process, including coordination with any individual behavior plan when applicable. A copy of an individual behavior plan for any youth who has been identified as a client of the Agency for Persons with Disabilities will be provided to that agency.
(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 and, if applicable, the dependency case manager;
(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) No change.
(5) A moderate-risk, high-risk, or maximum-risk residential commitment program with a bed capacity of 50 beds or more may designate a living unit within the facility as a behavior management unit. The purpose of a behavior management unit is to provide a treatment environment that provides opportunities for youth to make positive changes in behavior that will facilitate progress in his or her overall treatment in the program. Any behavior management unit shall be designed and operated as follows: 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) The program shall document the following before a youth is placed in a behavior management unit:
1. The youth continues to demonstrate a pattern of maladaptive behavior that is highly disruptive to his or her responsivity to treatment, as well as other youths’ ongoing treatment, after the program has documented attempts to address the behavior using less restrictive alternative intervention strategies that have proven to be ineffective;
2. The 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 factors that contraindicate placement; and
3. At least two members of the youth’s treatment team recommends the youth’s placement in the behavior management unit, and the program director approves the placement or, in his or her absence, a program management level staff person designated by the program director grants approval.
(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. The unit may be secure with locking exit doors, but shall not be comprised of secure rooms wherein youth placed in the unit are kept in lock-down status. 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 mattress that meets national fire safety performance requirements and that is 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.
(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 whose regular assignment is to work in the behavior management unit shall be trained in implementation of the program’s behavior management system, as well as specific intervention strategies as needed to implement the behavioral goals for each youth in the unit. Staff assigned to the unit shall have specialty training in behavior management and behavior modification techniques.
(d) The unit shall provide a treatment environment that focuses specifically on youths’ maladaptive behavior and provides opportunities for the youth to make positive changes in behavior that facilitate progress in their overall treatment. Additionally, the program shall provide basic rights, care and services to any youth in a behavior management unit consistent with the other sections of this rule chapter. 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) Consistent with the cognitive capacity of each youth placed in the behavior management unit, staff shall engage the youth in a process as follows:
1.(e) Staff shall discuss with the youth the pattern of maladaptive behavior that resulted in explain to the youth the reasons for placement in the behavior management unit well as the 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.
2.(f) Staff shall advise the youth that of criteria for release from the behavior management unit is based upon his or her, including achievement of short-term goals established by the treatment team to address maladaptive behaviors. Staff shall also explain that making positive behavior changes while in the behavior management unit will help him or her progress in the overall program.
(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.
(f)(h) Reviews and Release.
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. Release from the behavior management unit is contingent upon a youth’s completion of his or her behavioral goals. While the youth is in the behavior management unit, the treatment team may revise the youth’s behavioral goals to assist him or her in changing the targeted pattern of maladaptive behavior and facilitate release from the unit.
3.2. 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 to and determine whether the youth is to be released or placement continued.
4.3. 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 toward meeting his or her behavioral goals and recommend continued placement or release. At this stage, continued placement requires approval of the program director or, in his or her absence, a management level staff person designated by the program director his or her designee.
5.4. 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.
6.(j) The program director or, in his or her absence, a management level staff person designated by the program director, may approve release of 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. 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.
(g)(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.
(h)(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 program director or designee who approved the placement 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.
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 ________.
