The amendments are necessary to make operational requirements of the Department's Central Communications Center consistent with statutory revisions and best practices.

 

DEPARTMENT OF JUVENILE JUSTICE

Division of Administration

RULE NOS.:RULE TITLES:

63F-11.002Definitions

63F-11.004Reportable Incident Types

PURPOSE AND EFFECT: The amendments are necessary to make operational requirements of the Department's Central Communications Center consistent with statutory revisions and best practices.

SUMMARY: The amendments address the timely reporting of incidents, as well as the nature of the incidents that require reporting. Obsolete references are removed.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency.

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:

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 F.S.

LAW IMPLEMENTED: 985.601, F.S.

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

DATE AND TIME: Friday, June 17, 2016, 10:00 a.m.

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

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:

 

63F-11.002 Definitions.

For the purpose of this rule chapter, the following terms are defined as follows:

(1) through (7) No change.

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

(9) Failure to Report – Any incident or event that is not reported to the CCC within (2) hours of the incident or event occurring, or two (2) hours after any facility/program staff the program gains knowledge of the incident or event.

(10) through (11) No change.

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

(13)(12) 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.

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

(15) Secure Residential Facilities: Those residential programs that are classified as High and/or Maximum Risk.

(16)(14) Sexual Contact – Fondling, digital, oral, anal, or vaginal penetration by, or union with the sexual organ of another, or the anal or vaginal penetration of another by other object.

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

(18)(16) Youth – For the purposes of this rule a youth is defined as any person placed in the custody, care, or supervision of the department.

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

 

63F-11.004 Reportable Incident Types.

(1) Program Disruption Incidents, which include:

(a) Accident, Building Emergency, or System Malfunction: Any accident on the grounds of the facility or program, or any complete failure of an electronic or manual system that directly impacts the safety, security and welfare of department youths at a residential facility or program, juvenile assessment center, or detention center where maintenance staff cannot affect repairs within twenty-four (24) hours, and facility operations will be disrupted, or any emergency situation that requires evacuation or results in the evacuation of youths and staff from a department or provider building. This includes, but is not limited to, fire, bomb threat, or the discovery of a suspect device. Excluded are scheduled exercises, drills, and false alarms.

(b) Discovery of Illegal or Controlled Drugs, Alcohol, Firearms, or Other Weapons: Any incident where the discovery occurred at any facility, program, office, vehicle or site operated by the department, a provider or grantee. The following are exceptions to the reporting requirement:

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

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

3. Items discovered during the intake process.

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

(d) through (m) No change.

(2) No change

(3) Medical Incidents:

(a) Contagious Diseases: Any incident involving contagious disease requiring the quarantining or hospitalization of at least ten percent (10%) of the total population of youths or staff or six (6) individuals, whichever number is less, within a facility or program.

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

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

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

(e)(d) Youth Injury: Incidents or events involving a serious injury to a youth under department supervision occurring in a department facility, at a facility-based day treatment program, contracted facility, shelter, or contract site or program must be reported to the CCC when the nature of the injury requires immediate and emergency medical care. An incident under this category is required to be reported within 2 hours of staff verifying that a serious injury has occurred with the following:

1. Broken or dislocated bones;

2. Head Injury, excluding superficial cuts, bruises, or minor swelling unaccompanied by changes in mental acuity;

3. Eye injury involving a penetrating wound or an injury that alters vision;

4. Acute dental injury or broken teeth.

(f)(e) Medical Illness: Incidents or events involving medical illness to a youth under department supervision or occurring in a department facility, at a facility-based day treatment program, contracted facility, shelter, or contract site or program must be reported to the CCC when the nature of the life threatening injury or illness requires treatment on or off site, and falls within one of the following:

1. Heart or breathing has stopped or the person is turning blue;

2. Unconsciousness or unresponsiveness to voice;

3. CPR is initiated;

4. Severe, prolonged or uncontrollable bleeding;

5. Acute paralysis;

6 Overdose;

7. Acute or prolonged abdominal pain;

8. Acute or prolonged chest pain;

9. Fever of 103 degrees or higher;

10. Inability to urinate for eight (8) hours;

11. Ingestion of a poisonous or potentially poisonous substance;

12. Seizure due to an undiagnosed medical condition, i.e. Epilepsy;

13. Complications of pregnancy;

14. Unscheduled hospital or other healthcare facility admission requiring an overnight stay. This does not include scheduled medical procedures, treatment, or surgeries;

14.15. Any illness, disease, or other medical condition, or life endangering safety code violation, which requires reporting to the County Health Department, Board of Health, or other healthcare agency.

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

(g) Youth Dependent Medical: Any biological child of a youth who receives off-site, non-scheduled emergency medical attention while in direct custody of the department.

(4) No change.

(5) Complaints Against Staff Incidents:

(a) Force: Any alleged use of force including Protective Action Response (PAR) that results in an allegation of abuse. For STAR Programs, any PAR incident where a youth is alleged to have been subjected to harmful psychological intimidation techniques or to violations of Chapter 63H-1, F.A.C., must be reported to the CCC.

(b) through (i) No change.

(j) Health or Mental Health/Substance Abuse Services Complaint: Any known or reasonable suspicion of an improper action or omission of medical, mental health or substance abuse services that could potentially cause grave harm or injury to the youth by any administrative or direct-care staff, regardless of licensure, at a department facility, facility-based day treatment program, contracted facility, shelter, contracted site or program. This includes:

1. Denial of care, services or treatment;

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

3. All omitted prescribed Omitted medications.

(k) through (m) No change.

(6) No change.

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

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Holly Queen, IOC Director, Office of the Inspector General

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 28, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 28, 2015