Definitions, Safety and Security, Case Management, Intake, Orientation, Youth Services, Program Monitoring and Evaluation, Research Projects

DEPARTMENT OF JUVENILE JUSTICE
Residential Services

RULE NO: RULE TITLE
63E-4.002: Definitions
63E-4.005: Safety and Security
63E-4.008: Case Management
63E-4.009: Intake
63E-4.010: Orientation
63E-4.011: Youth Services
63E-4.013: Program Monitoring and Evaluation
63E-4.014: Research Projects

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. 33 No. 3, January 19, 2007 issue of the Florida Administrative Weekly.

63E-4.002 Definitions.

For the purpose of this rule the following words shall have the meanings indicated.

(1) Admission – The admitting of a youth, committed by the court, into a specific residential commitment facility.

(2) Assessment – An evaluation of the youth to determine treatment needs. The assessment process is a gender-specific, comprehensive assessment of a youth that is based on the systematic review of all existing information and updated information secured through interviews and assessment tools. The assessment process identifies risk factors and protective factors, including the youth’s strengths, and culminates in prioritization of the youth’s criminogenic needs.

(3) Authority for Evaluation and Treatment – The document that, when signed by a parent or guardian, authorizes the department to assume responsibility for the provision of necessary and appropriate physical and mental health care to a youth in the department’s physical custody. The Authority for Evaluation and Treatment (October 2006) is incorporated by reference and is accessible electronically at http://www.djj.state.fl.us/forms/residenital_rule63E_forms.html.

(4)(3) Balanced and Restorative Justice (BARJ) – A blueprint for putting the restorative justice philosophy into practice that involves active participation of victims, the community, and youthful offenders. The BARJ approach focuses on accountability to victims and the community, competency development, and community safety.

(5)(4) Behavior Management System – An organized system designed to promote positive behavior through the giving or taking of rewards or privileges based on youth behavior.

(6)(5) Case Management – The processes and procedures utilized in a residential commitment program to ensure a youth’s treatment, social, habilitative, and educational/vocational needs are implemented, evaluated, reported, and documented.

(7)(6) Central Placement Authority – The headquarters unit responsible for coordinating, managing, and supervising the commitment placement process on a statewide basis.

(8)(7) Commitment Manager – A department employee responsible for coordinating the placement of youth in residential commitment programs with the Central Placement Authority and the residential programs.

(9)(8) Commitment/Transfer Packet – A compilation of legal, medical, and social history documents provided to a residential commitment program for each committed youth.

(10)(9) Continuity of Operations Plan (COOP) – A plan that provides for the continuity of mission-essential functions of an organization in the event an emergency prevents occupancy of its primary physical plant or location.

(11)(10) Contracted Provider – An entity contractually providing juvenile services to the department.

(12)(11) Designated Health Authority – A Florida licensed physician (Medical Doctor or Doctor of Osteopathy) who, by agreement, employment, contract or other arrangement, provides and/or supervises the provision of health care within a detention center or residential program.

(13)(12) Designated Mental Health Authority – A specified licensed mental health professional who, by agreement, employment, contract or other arrangement, provides and/or supervises the provision of mental health care within a detention center or residential program.

(14)(13) Direct-Care Staff – Employees whose primary job responsibility is to provide care, custody, and control of youth committed to the facility. This definition includes those who directly supervise staff responsible for the daily care, custody, and control of youth.

(15)(14) Evidence-based Treatment and Practices – Treatment and practices which have been independently evaluated using sound methodology, including, but not limited to, random assignment, use of control groups, valid and reliable measures, low attrition and appropriate analysis. Such studies shall provide evidence of statistically significant positive effects of adequate effect size and duration. In addition, there must be evidence that replication by different implementation teams at different sites is possible with similar positive outcomes. Behavior management within the IRT facility shall be based on specific techniques that have been found to be effective with offenders younger than 13 years of age, and take into account their level of cognitive ability, emotional maturity, and other personal characteristics.

(16) Facility Entry Physical Health Screening – A standardized initial health screening, conducted at the time of a youth’s admission or re-admission to each residential commitment program. The purpose of this screening is to ensure the youth has no immediate health conditions or medical needs that require emergency services. This screening shall be conducted and documented using the Facility Entry Physical Health Screening form and the Facility Entry Physical Health Screening Body Chart (male or female). The Facility Entry Physical Health Screening form and its accompanying Facility Entry Physical Health Screening Body Charts (February 2007) are incorporated by reference and are available electronically at http://www.djj.state.fl.us/forms/health_services_forms_index.html.

(17)(15) Facility Entry Screening – The gathering of preliminary information used in determining a youth's need for further evaluation, assessment, or for referral for substance abuse, mental health, or other services through means such as psychosocial interviews, urine and breathalyzer screenings and reviews of available educational, delinquency, and dependency records of the youth.

(18)(16) Grievance Procedure – A procedure for addressing youth grievances in residential programs.

(19)(17) High-risk Restrictiveness Level – This is one of five statutorily authorized restrictiveness levels utilized by the courts for commitment of youth to the department. Youth assessed and classified for this level of placement require close supervision in a structured residential setting that provides 24-hour-per-day secure custody, care and supervision. Placement in programs at this level is prompted by a concern for public safety that outweighs placement in programs at lower restrictiveness levels. Programs or program models at this level are staff or physically secure residential commitment facilities.

(20)(18)(2018) Institutional Review Board (IRB) – The department’s management group responsible for overseeing, reviewing, and approving access to departmental records and youth in the department’s care, custody, and supervision for the purpose of research.

(21) Juvenile Justice Information System (JJIS) – The department’s electronic information system used to gather and store information on youth having contact with the department. The JJIS facesheet is the youth-specific, demographic information that is generated by the department.

(22)(19) Juvenile Probation Officer (JPO) – The officer responsible for the direct supervision of a youth in the community or on post-commitment probation or conditional release.

(23)(20) Licensed Mental Health Professional – A psychiatrist licensed pursuant to Chapter 458 or 459, F.S., a psychologist licensed pursuant to Chapter 490, F.S., a mental health counselor, marriage and family therapist, or clinical social worker licensed pursuant to Chapter 491, F.S., or a psychiatric nurse as defined in Section 394.455(23), F.S.

(24)(21) Orientation – The process that occurs within 24 hours of the youth’s admission whereby facility staff inform the youth of the rules, expectations, services, goals of the residential program, and the means to access the Abuse Registry and Advocacy Center for Persons with Disabilities.

(25)(22) Performance Plan – An individualized plan developed by the treatment team and youth that stipulate measurable goals the youth must achieve prior to release from the program. Performance plan goals are based on the prioritized needs identified during assessment of the youth and may be updated as appropriate. The plan identifies the youth’s and staffs’ responsibilities and the timelines associated with completion of each goal. The performance plan also serves as the basis for the youth’s post-residential services plan since it includes the transition goals and activities identified at the transition conference conducted at least 60 days prior to the youth’s anticipated release.

(26)(23) Performance Summary – A written document used to inform the youth, committing court, youth’s Juvenile Probation Officer, parent or guardian, and other pertinent parties of the youth’s performance in the program, including status of and progress toward performance plan goals, academic status, behavior and adjustment to the program, significant incidents (positive and negative), and justification for a request for release, discharge or transfer, if applicable. The Performance Summary (September 2006) is incorporated by reference and is accessible electronically at http://www.djj.state.fl.us/forms/residentialrule63E_forms.htm.

(27)(24) Physically Secure – The use of hardware security devices, such as fencing and locks, to ensure that all entrances and exits of the program are under the exclusive control of program staff, preventing youth from leaving the program without permission.

(28) Predisposition Report – A multidisciplinary assessment reporting the youth’s priority needs, recommendations as to a classification of risk for the youth in the context of his or her program and supervision needs, and a plan for treatment that recommends the most appropriate placement setting to meet the youth’s needs with the minimum program security that reasonably ensures public safety.

(29)(25) Program – A contracted or state-operated non-residential environment providing supervision of youth who have been identified to receive services within the community. This includes, but is not exclusively limited to, non-secure detention, home detention, Intensive Delinquency Diversion Services (IDDS) programs, conditional release programs, screening and intake units, and day treatment programs.

(30)(26) Program Director – The on-site administrator of a residential commitment program for juvenile offenders, whether state or privately operated; who is accountable for the on-site operation of the program.

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

(32)(28) Protective Action Response Certification – Certification awarded to an employee who has successfully completed PAR training as described in this rule. Only employees who are PAR certified are authorized to use PAR.

(33) Pre-Release Notification and Acknowledgement – A form that allows for a residential commitment program to give prior notification to the JPO of a youth’s planned release, the JPO’s additional information pertinent to the release, and the court’s approval of the youth’s release from the program. The Pre-Release Notification and Acknowledgement (September 2006) is incorporated by reference and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.

(34)(29) Qualified Researcher – Any person who has a Masters or Doctoral degree in a criminal justice or related field and a minimum of one year experience level proficiency in conducting research projects or designs and who has been approved through the department’s Institutional Review Board (IRB) proposal process to conduct a research project with youth in the care, custody and supervision of the department.

(35)(30) Safety and Security Coordinator – The person responsible for the oversight of the facility’s safety and security program which includes, but is not limited to: facility security, fire safety and awareness, disaster preparedness, and the oversight of equipment and tool management within the facility.

(36)(31) Sick Call Care – The health care delivery system component intended to provide care in response to episodic complaints of illness or injury of a non-emergency nature.

(37)(32) Temporary Release – Any court-approved period of time during which an eligible youth is allowed to leave a residential program without the direct supervision of program staff or properly screened and trained interns or volunteers. The purpose of temporary release activities is to provide youth with opportunities to develop skill competencies and prepare for transition upon release or discharge from the program. Examples of temporary release include, but are not limited to, home visits and community employment.

(38)(33) Transfer – The movement of a youth from one residential program to another, at the same restrictiveness level, a lower restrictiveness level, or a higher restrictiveness level.

(39)(34) Transition Conference – A conference conducted at least 60 days prior to a youth’s anticipated release at which the youth, residential staff, the youth’s JPO and/or post-residential service provider, the youth’s parent(s) or guardian(s), and other pertinent parties establish transition activities, responsibilities, and timelines necessary for the youth’s successful release and reintegration into the community.

(40)(35) Transition Planning – The process of establishing transition activities to facilitate a youth’s successful release and reintegration into the community.

(41)(36) Treatment Team – A multidisciplinary team consisting of representatives from the program’s administrative, educational, vocational, residential, medical, mental health, substance abuse, and counseling components which assesses each youth to identify needs and risk factors, develop rehabilitative treatment goals, ensure service delivery, and assess and report the youth’s progress. The youth is a member of the treatment team.

(42) Victim Notification of Release – Unless victim notification rights have been waived, a letter that a residential commitment program sends to the victim, or the next of kin in homicide cases, or the parent or legal guardian in cases involving minor victims, prior to any discharge or release, including temporary release, of a youth whose committing offense meets the criteria for victim notification pursuant to Chapter 960, F.S. The Victim Notification of Release form (September 2006) is incorporated by reference and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483 FS. History–New_________.

 

63E-4.005 Safety and Security.

(1) The Program Director of an IRT program shall designate a Safety and Security Coordinator to oversee the facility’s safety and security program and systems. The coordinator’s duties and responsibilities shall include, at a minimum, the following:

(a) Ensuring that the facility has operating procedures addressing safety and security;

(b) Ensuring that the physical plant, grounds and perimeter are maintained so that the environment is safe and secure for youth, staff, visitors and the community;

(c) Conducting the program’s internal security audit on a monthly basis per the facility operating procedure and ensuring overseeing follow-up corrective action occurs within 30 days as needed;

(d) Conducting internal safety inspections on a monthly basis per the facility operating procedure and overseeing follow-up corrective action as needed;

(e) Working with the Program Director and other program staff to develop corrective actions warranted as a result of safety and security deficiencies found during any reviews, audits, or inspections, and overseeing implementation of actions that ensure the deficiencies are corrected and appropriate systems are in place to maintain compliance;

(f) Serving as, or working cooperatively with, the program’s Disaster Coordinator and Continuity of Operations Plan (COOP) Coordinator in planning for, practicing and, if necessary, mobilizing the program’s Disaster Plan and/or COOP, and

(g) Ensuring that staff are sufficiently trained on any safety and security procedures and appropriate use of security features and equipment commensurate with their job duties.

(2) Physical security features for an IRT program shall meet the requirements the department has established for programs designated as high-risk. The required physical security features include a security fence of at least 12 feet in height with an inside overhang or razor wire; electronic door locks with manual override on entry, exit, and passage doors; a closed circuit video taped television surveillance system with inside and outside cameras; a sally port with intercom; an electric or manual secure pedestrian gate with intercom capability; secure windows that are break-resistant or screened glass; sleeping room doors that open outward; exterior security lighting; electronic search equipment; and radio or cell phone communication devices for staff.

(3) Direct-care staffing for an IRT program shall be based on the high-risk level of the resident population. At a minimum, the staff to youth ratio is 1 staff to 9 youth during the awake shifts, 1: 12 during the sleep shift and 1:5 for off campus activities.

(4) The program shall institute a tool management system to prevent youth from using equipment and tools as weapons or a means of escape. Tool management shall address, at a minimum:

(a) Inventorying tools and procedures addressing missing tools;

(b) Storing tools;

(c) Training youth to use tools appropriately and safely;

(d) Issuing tools to youth and staff;

(e) Training staff on procedures and on appropriate and safe tool usage;

(f) Replacing and disposing of dysfunctional tools (in disrepair or unsafe condition); and

(g) Assessing youth to determine whether they may participate in vocational training, work projects, public service, or disciplinary work activities that involve the use of tools.

(5) The program shall maintain strict control of flammable, poisonous, and toxic items. At a minimum, the program shall:

(a) Maintain a complete inventory of all such items used in the facility.

(b) Maintain a current list of personnel identified by position, title or function, who are authorized to handle these items.

(c) Not allow youth to handle these items and restrict their access to areas where these items are being used.

(d) Dispose of hazardous items and toxic substances or chemicals in accordance with OSHA standards.

(e) Maintain Material Safety Data Sheets (MSDS) on site as required by OSHA.

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483 FS. History–New__________.

 

63E-4.008 Case Management.

(1) The treatment team shall assess each youth; develop appropriate performance plan and transition plan goals, and conduct treatment team meetings to review each youth’s progress in the context of the Balanced and Restorative Justice (BARJ) approach. Residential case management shall address the three BARJ components:

(a) Accountability;

(b) Competency Development; and

(c) Community Safety.

(2) Admission to the IRT program shall occur Monday through Friday between 8 A.M. and 5 P.M. unless otherwise specified in the contract. Youth admitted to the IRT shall have their commitment packets reviewed to ensure all required documents are intact prior to youth orientation. Missing documents shall be obtained from the youth’s Juvenile Probation Officer. The core documents required are:

(a) JJIS DJJ expanded facesheet;

(b) Current commitment order;

(c) Pre-disposition report;

(d) Commitment conference summary; and

(e) Individual healthcare record, if it exists from a prior commitment or placement in detention. The following documents shall be included in the individual healthcare record, or in the commitment/transfer packet if the individual healthcare record has not been created:

1. The current original Authority for Evaluation and Treatment;

2. Comprehensive physical assessment;

3. Immunization records; and

4. Tuberculosis skin test (Mantoux) results, unless contraindicated.

(3) Staff shall be notified through verbal communication and written documentation in the logbook when a new admission is scheduled to arrive. Internal notification shall include the youth's name, date and time of arrival, mode of transportation, medical and mental health needs and any safety/security risks. The designated health authority shall be notified of the admission of any youth with medical problems, regardless of the youth’s condition upon admission. Confidentiality of all medical information shall be ensured and, if applicable, confidentiality of a youth’s positive test results for the Human Immunodeficiency Virus (HIV) shall be maintained in accordance with Section 381.004, F.S., Section 384.30, F.S., and Rule 64D-2.003, F.A.C. (8-24-99) state law.

(4) When a youth is admitted to the IRT program, the program shall take the following steps:

(a) Within 24 hours of any admission, the residential commitment program shall update the JJIS Bed Management System or notify the designated regional Commitment Manager. The only exception to this 24-hour requirement is when the youth is admitted on a holiday, a weekend or a Friday afternoon wherein contact with the commitment Manager shall be made the first regular workday of the following week.

(b) Parents or guardians of the youth shall be notified by telephone within 24 hours of the youth’s admission with written notification from the Program Director being sent within 48 hours of admission.

(c) The committing court shall be provided written notification of the youth’s admission within 5 working days of the admission.

(d) Copies of the letter sent to the committing court will suffice as official notification to the youth's JPO and, if known at the time of admission, the youth’s Post-residential Services Counselor (the person supervising the youth’s post-commitment probation or conditional release after residential placement).

(5) The IRT program shall establish multidisciplinary treatment teams to plan and manage each youth’s case and ensure services that meet individualized needs. Treatment teams shall be multidisciplinary in membership to include, at a minimum, representatives from program administration, direct care staff, and treatment staff to represent areas such as education, vocational, medical, mental health, and recreation, as needed. The youth shall also be a member of the treatment team. The role of the treatment team is to participate in the following processes:

(a) Assessment of the youth;

(b) Development and implementation of the youth’s performance plan;

(c) Active participation in progress reviews and treatment team meetings;

(d) Development of performance summaries; and

(e) Development of the youth’s transition plan.

(6) Assessment of the youth shall be completed within the first 30 days of admission to the program. The treatment team, with the youth, shall identify:

(a) Risk factors that pre-dispose a youth to antisocial behavior and, if effectively addressed, would decrease the youth’s likelihood that he or she will engage in antisocial behaviors; and

(b) Strengths and protective factors that, if effectively promoted, would build the youth’s resiliency and decrease the likelihood that he or she will engage in antisocial behaviors.

(7) Areas of assessment shall include, at a minimum, the following:

(a) Relationships to include family relationships (parents, legal guardians, siblings, grandparents, delinquent youth’s children), peer relationships (pro-social peers, isolation from pro-social peers, and antisocial peers), dating relationships, relationships with significant adults other than family or legal guardians, and relationship boundaries;

(b) Academic skills;

(c) Employability and/or vocational skills;

(d) Substance abuse;

(e) Mental health;

(f) Life skills;

(g) Social skills;

(h) Leisure and recreational interests;

(j) Physical health;

(k) Sexual development;

(l) History of sexual abuse, physical abuse, domestic violence, emotional abuse, neglect, and/or abandonment;

(m) Specialized needs and abilities;

(n) Delinquency history and status;

(o) Responsibility for criminal actions and harm to others;

(p) Community involvement and connections; and

(q) Court ordered sanctions and treatment recommendations.

(8) The program shall file and maintain any completed assessment and all reassessment results in the youth’s individual management record.

(9) All youth admitted shall have a performance plan developed within 30 calendar days of admission to the program. The performance plan goals shall be measurable, individualized, and based upon prioritized needs that reflect the risk and protective factors identified during the initial classification process. The plan shall identify the youth’s responsibilities to accomplish the goals, and the responsibilities of staff to enable the youth to accomplish their goals. It shall also set timelines for the completion of each goal. The treatment team shall revise a youth’s performance plan based on reassessment results, a youth’s demonstrated progress or lack of progress on a goal or goals, newly acquired or revealed information, or demonstration of antisocial behavior not yet addressed or insufficiently addressed.

(10) At a minimum, the youth, the treatment team leader, and all other parties who have significant responsibilities in goal completion shall sign the performance plan. Within 10 working days a copy will be provided to the following, and the youth’s individual management record must document the date the performance plan was sent:

(a) Youth case file- original;

(b) Committing court;

(c) Juvenile Probation Officer;

(d) Parent or guardian;

(e) DCF, if applicable.

(11) Progress reviews. The treatment team is responsible for bi-weekly reviews for youth. Of these two reviews each month, one shall be formal and the other can be informal. A formal review involves a meeting of the treatment team to discuss the youth’s progress. Informal reviews can consist of the treatment team leader meeting only with the youth. At a minimum, progress review documentation shall include the following elements:

(a) Youth’s name;

(b) Date of the review;

(c) Youth’s progress in the program; and

(d) Any comments from the treatment team members, including direct care staff and the youth.

(12) Performance summaries shall be completed every 90 days beginning 90 days from the signing of the youth’s performance plan, unless the committing court requests monthly performance summaries, in which case the performance summary shall be completed every 30 days beginning 30 days following completion of the performance plan. Areas that shall be addressed in the performance summary include, but are not limited to:

(a) The youth’s status on each performance plan goal;

(b) The youth’s academic status;

(c) The youth’s behavior, including:

1. Initial adjustment to program;

2. Level of motivation and readiness for change;

3. Interactions with peers;

4. Interactions with staff;

(d) The youth’s overall behavior adjustment; for youth receiving mental health or substance abuse services, their progress shall be addressed in a manner that complies with the confidentiality requirements set forth in both state and federal statutes;

(e) Significant incidents (positive or negative); and

(f) The justification for a request for release, discharge or transfer, if applicable.

(13) The staff member who prepared the summary, the treatment team leader, the Program Director or designee, and the youth shall review, sign and date the performance summary. Program staff shall give the youth the opportunity to add comments to the performance summary prior to signing it. Within 10 working days the program shall distribute the performance summary to the:

(a) Committing court,

(b) Youth’s JPO,

(c) Parents or guardians; and

(d) Other pertinent parties.

(14) If the performance summary is notification of the program’s intent to release or discharge a youth, the residential program shall send the original of the release or discharge summary, together with the Pre-Release Notification form, to the youth’s JPO (rather than directly to the court). The program shall place the original performance summaries and copies of the youth’s release or discharge summary and the Pre-release Notification form in the youth’s individual management record.

(15) Transition Planning. The program shall begin planning for the youth’s transition back to the community upon admission to the program. It is critical that all parties involved with the youth communicate with each other on a regular basis to ensure information is transferred in a timely manner, and job tasks related to the youth’s transition are assigned and completed within the designated timeframes.

(a) The residential commitment program is responsible for the timely notification of a youth’s release from the program to the youth’s JPO and other pertinent parties. Notification of Release form shall be sent to the youth’s JPO at least 45 days prior to the youth’s targeted transition date (90 days prior for sex offenders). No section of this form can be left blank and all arrangements made for the youth must be clearly stated on this form.

(b) Prior to a youth’s release, the program shall conduct a transition conference to plan and assign responsibilities for transition activities necessary to facilitate the youth’s successful reintegration into the community. Transition activities established during the transition conference, together with the associated responsibilities and timelines for completion, shall be documented on the youth’s performance plan. The youth’s treatment team leader or designee shall coordinate with the youth’s JPO and Post-residential Services Counselor (if different than the JPO) to schedule the transition conference. The transition conference shall be conducted not less than 60 days prior to the youth’s targeted release date.

(c) At a minimum, the Program Director or designee and the youth’s treatment team leader shall represent the program at the exit conference. In the event other members of the youth’s treatment team are unable to attend, they shall provide input to the treatment team leader prior to the conference. The program shall invite the JPO, Post-residential Services Counselor (if different than the JPO), and parent or guardian to the exit conference. The youth shall also be in attendance at the conference. The residential program shall send a youth’s complete official case record, including the cumulative individual healthcare record, to the JPO within five (5) working days of the youth’s release.

(16) Transfers to other residential programs shall be accomplished as follows:

(a) Transfers may be requested for the following reasons:

1. The youth has committed new law violations. If the request for transfer is based solely on a new law violation, the program shall notify the Transfer Administrator immediately if the charges are not petitioned, not prosecuted, dismissed, or the youth is found not guilty, and the transfer shall be immediately revoked;

2. The youth has demonstrated continued non-compliance with program rules even though the program has made reasonable efforts to intervene and manage the behavior;

3. The treatment needs of the youth have changed, and the program does not have the capacity to meet those needs;

4. The youth is a member of a criminal street gang and needs to be separated from other gang member(s) in the program;

5. The youth has reached 14 years of age;

6. The program has determined that a transfer is necessary to protect the public; or

7. The program is closing or reducing capacity.

(b) The program requesting the transfer shall submit a request for transfer to the Regional Transfer Administrator. This request shall list the specific violations or reasons for the request.

(c) The program shall send written notification of the date, time and location of the transfer staffing to the youth’s parent(s) or legal guardian(s), copying the youth, the youth’s JPO, the DCF Foster Care Worker, if applicable, and any attorneys of record including the defense attorney and the appropriate state attorney. A copy of the transfer Performance Summary that includes the specific violations or reasons for transfer shall be attached to the notification letter.

(d) If the youth’s transfer is denied, the youth shall stay in the program or return to the program (if in detention).

(e) If the youth is approved for transfer the program shall ensure the youth’s records and property are taken to the detention center if the youth is securely detained. If the youth is not detained, the program shall arrange transportation of the youth and their records and property to the receiving program.

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483(11) FS. History–New__________.

 

63E-4.009 Intake.

(1) Youth intake will commence upon the arrival of the youth to the facility. The following activities shall occur during intake:

(a) A strip search of youth being admitted to the IRT is required. The strip search of the youth shall be conducted upon arrival to the facility as follows:

1. The strip search shall be conducted in a private room with two staff members present, both of the same sex as the youth being searched. As an alternative when two staff of the same sex are not available, the search can be conducted by one staff of the same sex, while staff of the opposite sex is positioned to observe the staff person conducting the search, but cannot view the youth.

2. Strip searches shall be conducted visually, without touching the unclothed youth.

(b) The intake process shall document visible body markings, i.e. scars, bruises, tattoos, or other physical injuries. This may be accomplished when staff conduct a strip search, during the physical screening, or when the youth showers.

(2) The following entry screenings shall be completed immediately upon a youth’s admission to a program. These screenings are used to ensure that the youth has no emergency medical, mental health, or substance abuse conditions of a nature that render admission unsafe.

(a) The Facility Entry Physical Health Screening may be conducted by non-medical program staff responsible for youth intake. This screening is conducted to identify physical health needs requiring attention.

(b) The mMental hHealth sScreening may be conducted by non-clinical program staff responsible for youth intake. This screening is conducted to identify mental health needs requiring attention. Either the MAYSI-2 or clinical mental health and clinical substance abuse screening must be administered upon each youth’s admission to a residential commitment. Direct care staff trained in its administration may conduct MAYSI-2 screening. A cClinical mental health screening must be conducted by a licensed mental health professional and clinical substance abuse screening must be conducted by a qualified substance abuse professional as defined in Section 397.311(25)(24), F.S., and in accordance with subsection 65D-30.003(15), F.A.C. (12-12-05), using valid and reliable screening instruments.

(c) The Substance Abuse Screening may be conducted by non-clinical program staff responsible for youth intake.

(3) Unless a youth is being admitted into a program directly from secure detention, a correctional facility, or another program, a shower, including shampooing hair, is required.

(a) An ectoparasiticide or an ovicide may be used routinely for all new admissions if the program’s designated health authority deems it appropriate, if it is used in accordance with current standards of clinical practice guidelines, and if it is not contraindicated. In the absence of such a routine protocol approved by the designated health authority, an ectoparasiticide and an ovicide shall not be routinely used, and shall be used only if an infestation with lice or scabies is present and use is ordered by the designated health authority, is in accordance with current guidelines, and is not contraindicated.

(b) Two staff of the same gender as the youth shall supervise the newly admitted youth during this shower.

(4) Clothing that is appropriate for size and climate shall be issued to each youth consistent with the program’s dress code.

(5) Upon admission to a program, staff shall conduct an inventory of the youth's personal property. The property shall be listed on a personal property inventory form and the youth shall sign the form, attesting to its accuracy.

(a) A filed copy of the youth’s personal property inventory shall be maintained.

(b) A copy of the inventory shall be available to the youth’s parents or guardians if requested.

(c) Clothing not meeting dress code requirements shall be sent to the youth’s home or stored until the youth’s release from the program.

(d) All money, jewelry valued at $50 or more, and other items of apparent value shall be secured in a locked area immediately upon the youth’s arrival at the program and shall be documented on a personal property inventory form.

(6) All contraband such as weapons and narcotics, excluding narcotics that are verified as having been prescribed for a medical condition, shall be confiscated by the Program Director or designee for disposal or storage, with all illegal contraband submitted to the law enforcement agency having local jurisdiction.

(7) Any medications brought into the residential commitment program when the youth is admitted shall be in the original container issued by the pharmacist with a current and complete label. The program shall verify by telephone the legitimacy of the prescription and the contents of the container with the issuing pharmacist or the prescribing physician. If the prescribing physician or dispensing pharmacist is not available, the program shall contact its designated health authority to provide verification. This verification contact shall be recorded in the youth’s individual management record. If the youth is arriving from a juvenile or adult detention center or another residential program where the prescription has already been verified, further verification is not required.

(8) Based on a review of all documentation and interactions with the youth, the Program Director or designee shall make an initial classification of the youth for purposes of room or living area assignment within the program. To determine the offender’s risk of escape, the program shall use, at a minimum, the Predisposition Report and face sheet (in JJIS) to secure information about the youth’s past history of escapes and escape attempts. Assignment to a group or staff advisor shall also be based on this initial classification. If the program has an orientation unit that houses newly admitted youth, a copy of the classification form shall be sent to the orientation unit. Factors to consider when classifying the youth shall include, but are not limited to:

(a) Sex;

(b) Age;

(c) Size;

(d) Emotional maturity;

(e) Gang affiliation;

(f) Medical or mental health problems;

(g) History of violence;

(h) Sexual aggression;

(j) Predatory behavior;

(k) Risk of escape and risk to the public; and

(l) Skill levels.; and

(m) Current assessment under the Prison Rape Elimination Act for youth vulnerability and/or sexually aggressive behavior.

(9) When mental health, substance abuse, physical health, security risk factors, or special needs related to a newly admitted youth are identified during or subsequent to the classification process, this information shall be immediately entered into the program’s in-house alert system and the Juvenile Justice Information System (JJIS) alert system.

(10) The program shall ensure that a current photograph and critical information are obtained and easily accessible for use in verifying the youth’s identity as needed during his or her stay in the program. The program shall ensure that a current photograph of each youth is maintained in the individual management record and the individual healthcare record. A photograph shall be made available to law enforcement or other criminal justice agencies to assist in apprehending a delinquent youth in the event of escape. The program may store this critical information electronically, however, a hard copy of the information on each youth shall be maintained in an administrative file that is easily accessible and mobile in the event of an emergency situation that results in the program having to relocate quickly or in the event the information is needed when the computer is inoperative. The critical information shall include, but not be limited to, the following:

(a) Youth’s full name, Social Security number, and DJJ ID number;

(b) Admission date;

(c) Date of birth, gender, and race;

(d) Name, address, and phone number of parent(s) or legal guardian;

(e) Name, address, and phone number of the person with whom the youth resides and his or her relationship to the youth;

(f) Person(s) to notify in case of an emergency (and contact information);

(g) JPO’s name, circuit/unit, and contact information;

(h) Names of committing judge, state attorney, and public defender (or attorney of record) with contact information on each;

(j) Committing offense and judicial circuit where offense occurred;

(k) Notation of whether or not the judge retains jurisdiction;

(l) Victim notification contact information, if notification is required;

(m) Physical description of youth to include height, weight, eyes and hair color, and any identifying marks;

(n) Overall health status, including chronic illnesses or allergies; and

(o) Personal physician (if known).

(11) Consistent with departmental procedures addressing participation in the National School Lunch and Breakfast Program, residential commitment program staff of state-operated programs and contracted programs that are classified as not-for-profit programs shall complete an Individual Determination Report form for each youth admitted to the program to ensure the youth is eligible to participation in the National School Lunch and Breakfast Program.

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483(8), (10) FS. History–New__________.

 

63E-4.010 Orientation.

(1) Youth admitted to the IRT program shall receive orientation to the program within 24 hours of admission.

(2) Orientation to the program shall include the following:

(a) Review of expectations, program rules and the behavior management system. This information shall be conspicuously posted including all program rules, schedules and youth responsibilities to allow easy access for staff and youth. Program staff shall discuss with each youth:

1. Services available;

2. Daily schedule;

3. Expectations and responsibilities of youth;

4. Written rules governing conduct;

5. Written behavioral management system and possible disciplinary actions;

6. Availability of and access to medical and mental health services;

(b) Items considered contraband. Youth shall be advised that bringing illegal contraband into the program or possessing illegal contraband while in the program is a violation of law for which the youth may be prosecuted;

(c) Performance planning process that involves the development of goals for each youth to achieve;

(d) Program’s dress code for youth and hygiene practices;

(e) Program’s procedures on visitation, mail, and use of the telephone;

(f) Anticipated length of stay in the program and what the youth must do in order to successfully complete the program and be eligible for release. Staff should also explain that the youth must complete each performance plan goal in order to be recommended for release from the program and that the release decision is ultimately up to the committing court;

(g) High-risk commitments are restricted to necessary, supervised off-campus activities, i.e. health and court-related activities. However, during the final 60 days of their residential stay and with court approval, youth in high-risk programs may be granted permission to leave the facility.

(h) Program’s youth grievance procedures.

(j) How to access the Abuse Registry and Advocacy Center for Persons with Disabilities.

(k)(j) What to do in the case of an emergency, including procedures for fire drills and building evacuation.

(l)(k) Ensure that each newly admitted youth is familiar with the physical design of the facility, advising the youth which areas are accessible and which are not accessible to youth.

(m)(l) Room Assignment. Shall introduce each newly admitted youth to other program staff and youth. The youth shall be informed of any assignments to a staff advisor and youth group, if applicable. In addition, each youth shall be assigned to a treatment team.

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483 FS. History–New__________.

 

63E-4.011 Youth Services.

(1) Each program is expected to promote youth competency development in life skills such as:

(a) Recognizing and avoiding high-risk situations that could endanger self or others;

(b) Controlling impulsive behaviors;

(c) Coping;

(d) Decision-making;

(e) Problem-solving;

(f) Organizing;

(g) Planning;

(h) Managing time; and

(j) Searching and applying for jobs, job interviewing, and engaging in behaviors appropriate for work situations.

(2) Each program shall promote youth competency development in social skills to help them interact positively and constructively with others. Social skills include, but are not limited to:

(a) Communicating effectively and constructively;

(b) Recognizing emotional cues from others;

(c) Improving relationship skills, such as differentiating positive and negative relationships; establishing positive relationships and avoiding negative ones; understanding relationship dynamics to include gender differences, relationship boundaries, dating relationships and behaviors, peer relationships, family relationships, relationships with employers and other authority figures, and relationships with other significant adults;

(d) Differentiating and appropriately responding to social contexts; and

(e) Engaging in constructive dialogue and peaceful conflict resolution.

(3) The residential program shall offer Impact of Crime classes or group sessions to youth committed to the intensive residential treatment program. The curriculum shall be conducted by a facility employee who has successfully completed the Impact of Crime and restorative justice training conducted by the department. Staff shall be trained in the principles of restorative justice and how to apply those principles to the IRT. The classes are intended to assist the youth to:

(a) Develop remorse and empathy through understanding of how various crimes harm victims and communities;

(b) Accept responsibility for past criminal actions;

(c) Develop realistic strategies to address the harm they caused;

(d) Peacefully resolve conflict;

(e) Learn to bond with positive people in healthy relationships; and

(f) Contribute to the community.

(4) Participation in the educational program is mandatory for students of compulsory school-attendance age, as defined in Section 1003.21, F.S. For programs operated by private providers, the school district may provide educational services directly or may contract with a private provider to deliver its own educational program.

(5) The educational program at the IRT shall establish an educational and prevocational training component consistent with juvenile justice education standards that includes:

(a) Basic Achievement Skills Inventory (BASI) or other common assessment tools identified by the Florida Department of Education;

(b) Performance plan goals (student outcomes) focused on post-placement needs. Based on the student assessment and identification of youth’s needs, performance goals (educational, prevocational training outcomes) must be developed in conjunction with the youth. Performance goals must target educational and prevocational services that will assist the youth in acquiring the skills most needed to increase success upon release from the residential program to the community;

(c) Educational and prevocational or vocational curricula that are approved by the local school district, reviewed and revised at least annually and as needed based on skill acquisition demonstrated by youth in pre-testing and post-testing.

(d) Educational staff shall be qualified, competent and trained in the residential program’s philosophy, treatment approach(es), behavior management system, and other treatment components of the program, as well as program safety and security procedures. They shall be trained specifically on how to work effectively with the program’s young population.

(e) They shall also be trained in how to integrate support services with instruction and in the local school districts’ funding procedures for accessing resources. Educational staff shall receive in-service training in areas including but not limited to instructional delivery, understanding youth behavior and learning styles, and processes and procedures commonly used in juvenile justice educational programs.

(f) The educational program shall provide for the testing and provision of special education services to youth requiring these services.

(6) IRT program shall provide opportunities for youth to participate in recreation, leisure and physical fitness activities that are appropriate for pre-adolescents. Such activities shall be scheduled and reflected on the program’s daily activity schedule. Youth shall be provided the opportunity for daily recreational activities, one hour of which allows the youth to engage in large muscle activity. In addition to structured outdoor recreational activities or activities in a gymnasium, the program shall provide activities that are non-physical in nature, such as board games, reading, art projects, and other such activities.

(7) Content of television programming, videos, movies, and video games shall be age appropriate and shall not promote violence, criminal activity, sexual situations, abusive situations, or inappropriate language. Program staff shall not allow youth to view television, videos, or movies that are rated above PG.

(8) Programs allowing youth to participate in water related activities shall have a water safety plan, which at a minimum, shall address the following:

(a) Age and maturity of the youth who will participate;

(b) Identification of swimmers and non-swimmers;

(c) Special needs youth;

(d) Type of water in which the activity is taking place (pool or open water);

(e) Water conditions (clarity, turbulence, etc.) ;

(f) Bottom conditions;

(g) Lifeguard-to-youth ratio and positioning of lifeguards; and

(h) Equipment needed for the activity.

(9) Off-Campus Actvities. Youth committed to high-risk level commitment are restricted to necessary, supervised off-campus activities, i.e. health and court-related activities. During the final 60 days of their residential stay and with court approval, youth in high-risk programs may be granted permission to leave facility grounds (supervised and, under limited circumstances, unsupervised) to engage in transitional activities (enrollment in school, performance of community service, and home visits of no more than 72 hours). A risk assessment shall be conducted on all youth prior to any off campus activity.

(10) The Program Director shall ensure access to and provision of physical health services to all youth committed to the program. The health care delivery system shall include the following components:

(a) Intake Screenings and Assessments (also known as “routine medical and dental screening and evaluation”) upon entry and at other specified times;

(b) Follow-up assessments when requested by the youth or facility medical personnel, with at specified intervals (also known as “periodic evaluations”) and ongoing treatment by licensed health care professionals as required by the presence of a chronic condition, a change in a youth’s physical or mental health status, or the initiation of a new medication or medical regimen;

(c) Episodic care including first aid and/or emergency care

(d) Sick call care;

(e) Medication management systems that facilitate the safe, effective, and documented storage and administration of medications, both prescription and over-the-counter, for acute or and chronic physical, mental, and dental health conditions;

(f) Infection control measures to prevent the spread of disease;

(g) Age appropriate health education;

(h) Transitional healthcare planning; and

(j) Health care documentation system.

(11) The IRT shall have a designated health authority defined as the physician (MD or DO licensed pursuant to Chapter 458 or 459, F.S.) who, by agreement, employment, contract or other arrangement, provides and/or supervises the provision of health care within the facility.

(12) The Program Director shall ensure access to and provision of mental health services to all youth committed to the program. The mental health care delivery system shall include the following components:

(a) Mental health and substance abuse screening upon admission to determine if there are any immediate mental health or substance abuse needs;

(b) Comprehensive mental health and substance abuse evaluation or updated comprehensive evaluations for those youth identified by screening as in need of further evaluation;

(c) Access to and provision of mental health and substance abuse services, including psychotherapeutic intervention (primarily individual, group, and family counseling and psychosocial or psychoeducational skills training) and medical/somatic intervention (primarily administration and management of psychotropic medication), for youth in need of mental health and/or substance abuse treatment;

(d) Crisis intervention and suicide prevention services;

(e) Specialized services for non-routine situations where additional mental health expertise is needed, such as sex offender treatment or pharmacological treatment; and

(f) Emergency mental health and substance abuse care.

(g) A designated mental health authority will be accountable to the Program Director for ensuring that mental health services are appropriately provided in the IRT. This person shall be a licensed mental health professional (psychiatrist licensed pursuant to Chapter 458 or 459, F.S., psychologist licensed under Chapter 490, F.S., mental health counselor, clinical social worker or marriage and family therapist licensed under Chapter 491, F.S., or a psychiatric nurse as defined in Section 394.455(23), F.S.). A licensed mental health staff shall directly supervise unlicensed mental health staff.

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483(9) FS. History–New__________.

 

63E-4.013 Program Monitoring and Evaluation.

(1) Periodic reviews by the DJJ regional residential monitor shall be conducted to ensure that quality services are provided, departmental standards are maintained, and departmental policies, related statutes, and rules are followed in contracted and state-operated programs. Monitoring is conducted monthly, quarterly, or semi-annually, based on risk factors determined in an annual assessment by the residential monitor. If there are major deficiencies noted in the residential monitor’s site visit summary, the program shall submit an outcome-based corrective action plan (OBCAP) to the designated DJJ regional residential monitor.

(2) Security Audit. The DJJ region’s security monitor shall conduct an audit of safety and security measures at least annually. The program shall develop a corrective action plan as instructed by the regional security monitor to address any non-compliance issues included in the security audit report. If the security monitor performs a Pre-Operational and Post-Operational Review or Quality Assurance program audit, that may be substituted as the annual security audit.

(3) For new programs or programs undergoing a change in provider, an on-site review will be conducted 30 to 45 days prior to the anticipated date of youth into the program. The review shall determine whether the program has the trained staff, policies, procedures, equipment, and supplies in place sufficient to begin accepting youth into the program. A favorable review will result in a Letter of Operation being issued by the department, authorizing the facility to begin admitting youth.

(4) A second on-site review is conducted 60 to 90 days after the facility commences operations to confirm full compliance in areas found in partial or non-compliance during the Pre-Operational Review to ascertain readiness to continue operations, and to determine additional programming needs.

(5) In some cases where federal funds are involved, audits may be conducted according to federal requirements. Other reviews or audits may be required per contract or departmental policy or as determined necessary by the department. For example, a Program Administrative Review may be conducted in a program by designated regional staff when the Assistant Secretary for Residential and Correctional Facilities determines a more detailed review of an incident is required. Also, an investigation may be conducted by the DJJ Inspector General’s staff when determined necessary. In addition, there may be inspections or reviews required locally, for example, by the county.

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483(8)-(9) FS. History–New__________.

 

63E-4.014 Research Projects.

(1) All research project requests must follow the department’s Institutional Review Board Research Proposal Review Process, prior to any contact with youth. The Institutional Review Board Research Proposal Review Process is the procedure the department utilizes to accept or deny research projects submitted to the department for consideration. The membership of the Board consists of employees from all branches and units of the department who review proposed research designs to be conducted at department sites. The Board is chaired by staff from the department’s Bureau of Research and Data.

(2) No research project involving contact with youth or access to confidential information is authorized without the department’s Institutional Review Board (IRB) and the Secretary’s permission. Prior to any research project involving youth in the department’s custody, the research project’s lead researcher shall obtain permission from the youth and the youth’s parents or legal guardian.

(3) The principal investigator of any research project shall meet the department’s definition of a qualified researcher as defined by this rule.

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483(11) FS. History–New__________.