The amendment deletes additional licensure and certification requirements for juvenile sexual offender treatment in department operated or contracted juvenile delinquency programs, bringing the requirements in line with pertinent statutes.

 

DEPARTMENT OF JUVENILE JUSTICE

Mental Health/Substance Abuse/Developmental Disability Services

RULE NO.:RULE TITLE:

63N-1.0081Mental Health Treatment Services

PURPOSE AND EFFECT: The amendment deletes additional licensure and certification requirements for juvenile sexual offender treatment in department operated or contracted juvenile delinquency programs, bringing the requirements in line with pertinent statutes.

SUMMARY: The rule amendment references statutory minimal requirements for providing juvenile sexual offender treatment in department operated or contracted programs.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not 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 not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The SERC Checklist, and current information available to the Department, indicates that the statutory threshold for ratification will not be exceeded.

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(2) FS.

LAW IMPLEMENTED: 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) 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: Thursday, May 18, 2017, 10:00 a.m.

PLACE: DJJ Headquarters, 2737 Centerview Dr., General Counsel's Conference Room 3223, Tallahassee, Florida.

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

63N-1.0081 Mental Health Treatment Services.

(1) No change

(2) No change

(3) Treatment techniques which constitute mental health treatment include the following:

(f) Juvenile sexual offender therapy and juvenile sexual offender treatment shall be conducted, managed or supervised in accordance with sections 490.012(8) or 491.012(1)(n), F.S. , which are specialized counseling and therapeutic activities designed to address sexual behavior problems and psychosocial problems of youths with an adjudicated sexual offense.

1. Juvenile sexual offender therapy shall be conducted by a licensed Psychologist who meets the qualifications set forth in Section 490.0145, F.S., or a Licensed Mental Health Counselor, Licensed Clinical Social Worker or Licensed Marriage and Family Therapist who meets the qualifications set forth in Section 491.0144, F.S., to practice juvenile sexual offender therapy.

2. Juvenile sexual offender treatment services such as behavior therapy and psychosocial skills training shall be provided by a licensed Psychologist under Section 490.0145, F.S., or a Licensed Mental Health Counselor, Licensed Clinical Social Worker or Licensed Marriage and Family Therapist under Section 491.0144, F.S., or a non-licensed Mental Health Clinical Staff Person who is employed by a program operated by, or under contract with the department if the program employs a professional who is licensed under Chapters 458, 459, Sections 490.0145 or 491.0144 F.S., who manages and supervises the treatment services performed by the non-licensed Mental Health Clinical Staff Person.

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14, Amended __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Gayla Sumner, Director of Mental Health and Substance Abuse Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Christina K. Daly, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 25, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 14, 2017