The amendments are intended to clarify the process by which the costs of detention care are shared by state and county government. Specifically, the rule clarifies the distinction between pre- and post-disposition so that post-disposition will only ...

DEPARTMENT OF JUVENILE JUSTICE
Detention Services

RULE NO: RULE TITLE
63G-1.001: Scope
63G-1.002: Definitions
63G-1.003: Determining Residence
63G-1.004: Calculating Estimated Costs
63G-1.005: Fiscally Constrained Counties
63G-1.006: Receipt of Payment
63G-1.007: Quarterly Reporting
63G-1.008: Annual Reconciliation
63G-1.009: Dispute Resolution and Collection
PURPOSE AND EFFECT: The amendments are intended to clarify the process by which the costs of detention care are shared by state and county government. Specifically, the rule clarifies the distinction between pre- and post-disposition so that post-disposition will only include days in secure detention following disposition during which a child is awaiting residential placement. The amendments also modify the reporting and reconciliation provisions so that monthly reporting and reconciliation will take place. A per diem rate for detention care will be derived according to a specified formula, and the rate will be used to make monthly adjustments in actual utilization. Dates for reporting and reconciliation are adjusted, and definitions are amended to reflect these changes.
SUMMARY: The amendments clarify the distinction between pre- and post-disposition, modify the estimation, reporting and reconciliation process, and make corresponding changes to definitions.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 985.686(10) FS.
LAW IMPLEMENTED: 985.686 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Friday, July 11, 2008, 10:00 a.m.
PLACE: DJJ Headquarters, Knight Building, 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:

63G-1.001 Scope.

This rule establishes the process by which the cost of pre-disposition detention care is costs are shared by state and county government.

Specific Authority 985.686(10) 985.2155(10) FS. Law Implemented 985.686 985.2155(1) FS. History–New 7-16-06, Amended_________.

 

63G-1.002 Definitions.

(1) “Cost of detention care” means the cost of providing detention care as determined by the General Appropriations Act, including appropriations listed in Contingency and Supplemental bills.

(2) “County eEstimated cost per day of detention care” means a projected cost estimate based upon the most recently reconciled previous fiscal year utilization data and the upcoming General Appropriations Act a county’s prior annual usage.

(3) “Final court disposition” means the date the court enters a disposition for the subject referral.

(3)(4) “Fiscally constrained county” means a county with a rural area of critical economic concern as designated by the Governor pursuant to Section 288.0656, F.S., or each county for which the value of a mil will raise no more than $5 million in revenue, based on the school taxable value certified pursuant to Section 1011.62(4)(a)1.a., F.S., from the previous July, as defined in Section 985.2155, F.S., which is not required to pay the full costs of its resident juveniles’ predisposition detention care.

(4) “Juvenile Probation Officer” (JPO) means an employee of the department responsible for the intake of youth upon arrest and the supervision of youth on court ordered supervision in the community.

(5) “Juvenile Justice Information System” (JJIS) means the department’s electronic information system used to gather and store information on youth having contact with the department.

(6) “Post-disposition days” means those days after court ordered commitment where the youth is awaiting residential placement.

(7) “Pre-disposition days” means all days in secure detention that do not qualify as post-disposition.

(8)(5) “Residence” means the county where, at the time of referral, a child resides, as determined by a DJJ intake officer pursuant to Rule 63G-1.003, F.A.C., and entered in the Juvenile Justice Information System.

(9)(6) “Secure detention” means a physically restricting facility for the temporary care of children, pending adjudication, disposition, or placement or ordered into secure detention by the execution of a court order.

(10) “Service day” means any day or part of a day spent by a youth in secure detention.

(11) “Utilization” means a summary of service days.

Specific Authority 985.686(10) 985.2155(10) FS. Law Implemented 985.686 985.2155 FS. History–New 7-16-06, Amended__________.

 

63G-1.003 Determining Residence.

(1) DJJ Juvenile Probation Officers and contracted providers responsible for intake shall utilize the following procedure to determine a referred child’s county of residence:

(a) The address provided by the child at intake will initially be checked against the address included in the arrest affidavit police report and against any existing address for the child already in the Juvenile Justice Information System.

(b) In all cases, an effort will be made to verify the address with the child’s parent or guardian.

(c) All attempts to contact the parent or guardian, and the results of those attempts, will be noted in the chronological record in the child’s case file.

(2) County of residence for cChildren in substitute care placements, such as foster care, will be the home county for the youth. Address information recorded in the Juvenile Justice Information System will be that of deemed to reside in the county where the Department of Children and Family Services or its contracted agency has a district office or service center for confidentiality purposes that arranged the temporary placement.

(3) Address verification procedures are to be included in the annual refresher training on the Juvenile Justice Information System given to dDepartmental Juvenile Probation Officers and its contracted providers responsible for intake.

Specific Authority 985.686(10) 985.2155(10) FS. Law Implemented 985.686(5) 985.2155(5) FS. History–New 7-16-06, Amended__________.

 

63G-1.004 Calculating Estimated Costs.

(1) Each county’s share of predisposition detention costs is based upon usage during the previous fiscal year, with the first year’s estimates based upon usage during fiscal year 2004-05. Estimates will be calculated as follows:

(a) All youth served in secure detention during the relevant fiscal year as reflected in the Juvenile Justice Information System will be identified;

(b) Each secure detention placement record will be matched to the appropriate referral in JJIS based upon the referral identification code. Placements associated with administrative handling, such as pick-up orders and violations of probation, will be matched to a disposition date for their corresponding statutory charge;

(c) Placements associated with administrative handling, such as pick-up orders and violations of probation, that cannot be matched to a disposition date for a corresponding statutory charge will be presented as a “court order” and no disposition date will be available or listed unless the youth is awaiting placement in a residential facility;

(d)(c) The total number of service days in secure detention is computed by including all days up to and including the date of admission and the date of release from the detention center final disposition for the subject referral.

(2) The total number of service days for each county, including out of state youth and youth with unknown residences, from the most recently reconciled previous fiscal year utilization data will be divided into the total service days for all counties for that same time period, to arrive at each county’s percentage of the total. That percentage will be multiplied by the total estimated annual budget for the cost of detention care for the upcoming fiscal year to determine each county’s share of the total budget. The resulting estimated annual amount for each county will be billed to the county in equal monthly installments. Each county will receive a percentage computed by dividing the number of days used during the previous year by the total number of days used by all counties. The resulting percentage, when multiplied by the cost of detention care as fixed by the legislature, constitutes the county’s estimated annual cost.

(3) In addition, an estimated cost per day for the upcoming fiscal year will be calculated. That cost per day is calculated by taking the total service days for all counties, including out of state youth and youth with unknown residences, from the most recently reconciled previous fiscal year utilization data and dividing into the total estimated annual budget for the cost of detention care for the upcoming fiscal year. The estimated cost per day will be used when adjusting the counties’ invoices for actual utilization each month of the upcoming fiscal year. The estimated cost will be billed to the counties in monthly installments.

(4) Invoices are to be mailed at the beginning on the first day of the second month after prior to the service period, so that an invoice for the July August service period will be mailed in September on July 1.

Specific Authority 985.686(10) 985.2155(10) FS. Law Implemented 985.686(3) 985.2155(3) FS. History–New 7-16-06, Amended__________.

 

63G-1.005 Fiscally Constrained Counties.

(1) Each fiscally constrained county’s estimated costs are determined in the same manner as those for non-fiscally constrained counties will be assigned a percentage computed by dividing its previous year’s number of predisposition detention days by the total number of predisposition detention days used by all fiscally constrained counties during the previous year.

(2) Each county’s percentage is multiplied by the amount appropriated by the legislature to pay the costs of detention care. For informational purposes, fiscally constrained counties will be invoiced for their estimated prorated monthly costs even though they will not be expected to remit payment share.

(3) Prior to the beginning of each fiscal year the department will calculate an estimated annual cost for each fiscally constrained county. The estimate will be based on the cost per day amount calculated in subsection 63G-1.004(2), F.A.C., and the fiscally constrained counties’ prior year reconciled utilization information. The total estimated costs for all fiscally constrained counties will be compared to the General Appropriations Act amount allotted to the department for fiscally constrained counties. If the total estimated annual cost for utilization exceeds the appropriated amount, If the total number of predisposition service days actually used by all fiscally constrained counties combined exceeds the previous year’s usage for which appropriation was made by the legislature, matching funds will be required to make up the shortfall. Fiscally constrained counties will be assessed for the amount of the shortfall under the following methodology:

(a) Each fiscally constrained county’s utilization will be compared to the total for all fiscally constrained counties to determine a percentage of the total. The total number of service days will be translated into a dollar figure based upon the percentage of increase over the original budgeted amount.

(b) The county’s percentage will be multiplied by the shortfall amount computed in subsection (3) above to determine the individual county’s amount due. Each fiscally constrained county will be responsible for a share of the shortfall computed by multiplying its assigned percentage calculated in subsection (1) by the total shortfall computed in paragraph (3)(a).

(4) The department shall determine whether an estimated shortfall is likely by July 31. If a shortfall is expected, the department shall provide fiscally constrained counties information on an estimate of their share of the expected shortfall on or before August 15.

(5) Fiscally constrained counties will be billed for their share of the shortfall in equal monthly installments beginning November 1 through May 1.

(6) If after the annual reconciliation is complete it is found that there was in fact no shortfall or that the shortfall was overestimated, the fiscally constrained counties will receive a refund. If the shortfall was underestimated, the department may seek matching funds from the counties to make up the difference.

Specific Authority 985.686(10) 985.2155(10) FS. Law Implemented 985.696(4) 985.2155(4) FS. History–New 7-16-06, Amended 3-19-07,________.

 

63G-1.006 Receipt of Payment.

(1) Payment is to be made by check or by pre-arranged wire transfer, which is due the first day of the third month after the monthly service period, such that the July service period payment is due October 1.

(2) Payment will be deemed in arrears on the second day of the monthly service period the payment was due.

Specific Authority 985.686(10) 985.2155(10) FS. Law Implemented 985.686(5)-(6) 985.2155(5)-(6) FS. History–New 7-16-06, Amended__________.

 

63G-1.007 Quarterly Reporting.

(1) Each month quarter, the dDepartment shall generate prepare a web based on-line utilization report that provides to determine the extent of each county’s actual usage for the previous service month. The report is to be used by the assist counties to validate utilization in fiscal planning and budgeting, and is not a substitute for the annual reconciliation or grounds for adjusting or withholding payment.

(2) The report shall contain the following information:

(a) Youth’s name;

(b) Youth’s address at the time of the referral;

(c) Sex;

(d) Date of birth;

(e) Name of parent or guardian, if available;

(f) Phone contact, and;

(g) Non-law violation flag; Number of detention days.

(h) Disposition date, if available; and

(i) Number of detention days.

(3) The report will be available provided to counties electronically for the first day of each month for the previous month’s utilization 45 days after the end of each quarter.

(4) The limited release of juvenile identifying information contained in each county’s quarterly report is confidential. The release will not include treatment or charging information, is limited to the county official(s) designated to receive the report, and is not to be used for any purpose other than that of verifying the provision of detention services.

Specific Authority 985.686(10) 985.2155(10) FS. Law Implemented 985.686(7) 985.2155(7) FS. History–New 7-16-06, Amended_________.

 

63G-1.008 Monthly/Annual Reconciliation and Dispute Resolution.

(1) On the first day of each month or before January 31 of each year, the dDepartment shall make available to each county provide a utilization report described in Rule 63G-1.007, F.A.C., reconciliation statement to each paying county. The statement shall reflect the difference between the estimated costs paid by the county during the past fiscal year and the actual cost of the county’s usage during that period.

(2) The county shall have from the 1st to the 14th of the month to review the on-line utilization information reported for the previous month. If the county takes issue with any of the utilization data, it shall mark the record for dispute on-line and provide a reason for the dispute. Disputes involving a detained youth’s county of residence or disposition must include one or more of the following indicia of specificity: If a county’s actual usage is found to have exceeded the amount paid during the fiscal year, the county will be invoiced for the excess usage. The invoice will accompany the reconciliation statement, and shall be payable on or before April 1.

(a) Address invalid – not in county;

(b) Address invalid – street number not valid;

(c) Address invalid – not residence of youth;

(d) Address invalid – see text (must enter text);

(e) Detention stay invalid – post-disposition;

(f) Detention stay invalid – see text (must enter text).

(3) The department will have from the 15th to the 24th of each month to review all disputes for the previous month filed by the county. The department’s response, provided on-line, constitutes final agency action and may be challenged through the process available in Chapter 120, F.S. Any dispute not resolved by the department within the above specified timeframe will be removed from the county’s billing until a final resolution can be determined. The department will make every effort to resolve any one month’s outstanding disputes within 60 days after the end of the initial reconciliation period. As pending disputes are resolved by the department, they will be included in the subsequent month’s invoice. Any pending disputes not resolved by the department within 60 days will be considered the responsibility of the state and will not be billed to the county. If a county’s actual usage was less than the estimated amounts paid during the fiscal year, the county will be credited for its excess payments. Credit will be reflected in the April billing, which is mailed on March 1, and will carry forward as necessary.

(4) At the end of any month, on records listed in a county’s monthly report for which there is no disposition to commitment date indicated, all service days for that month will be considered pre-dispositional. At such time that a commitment disposition date is entered, the department will credit the county for any days charged as pre-dispositional that should have been categorized as post-dispositional and therefore the obligation of the department. As these records are updated, the credit will be included on the subsequent month’s invoice.

(5) In October of each year, the department will perform a final reconciliation of actual detention costs for the prior fiscal year. At that time an actual cost per day will be calculated using final department expenditure information. The actual cost per day will be used to assess each county’s actual cost based on the actual utilization for that prior fiscal year.

(6) In November of each year, the department will provide each county a final reconciliation statement for the previous fiscal year. The statement shall reflect the difference between the costs paid by the counties based on the estimated cost per day amount and the actual cost per day amount reconciled in subsection (5) above.

(7) If the total amount paid by a county falls short of the actual costs associated with their utilization, the county will be invoiced for that additional cost. The amount due will be applied to the county’s account. An invoice will accompany the reconciliation statement, and shall be payable on or before January 1. If the amount paid by a county exceeds the actual costs associated with their utilization, the county will receive a credit. The credit will be applied to the county’s account and be included on the invoice sent in November.

Specific Authority 985.686(10) 985.2155(10) FS. Law Implemented 985.686(5) 985.2155(5) FS. History–New 7-16-06, Amended 3-19-07,__________.

 

63G-1.009 Billing Dispute Resolution and Collection.

(1) By the end of each month the department will generate invoices for counties based on the reconciliation performed that month for the prior month’s services.  Invoices for fiscally constrained counties will be clearly marked “do not pay.”  Fiscally constrained counties are only responsible for payment when conditions as described in Rule 63G-1.005, F.A.C., exist.  Invoices for fiscally constrained counties resulting from anticipated funding shortfall will be billed separately. The quarterly reporting marks the point at which a county may take issue with the charges referenced in the report, but it cannot be the basis for withholding payment. Adjustments, including those necessitated by dispute resolution, cannot be made until the annual reconciliation.

(2) Invoices will include the following information:

(a) Invoice date;

(b) Invoice number;

(c) Remittance address;

(d) Payment due date;

(e) Billing service period;

(f) Total amount billed; and

(g) Department contact information. Disputes based upon a quarterly report, such as those relating to the residence of served youth or the number of chargeable service days, must be brought within 90 days of receipt of the quarterly report to which the dispute pertains.

(3) General objections, such as those seeking confirmation of a youth’s county of residence, will be summarily denied. Disputes involving a detained youth’s county of residence must include one or more of the following indicia of specificity:

(a) An alternative address asserted to be correct;

(b) Supporting documentation, and;

(c) An explanation of the basis for the dispute on form 63G-1-1.

(4) Disputes must be raised by means of form 63G-1-1, and sent by certified mail to the Department’s Bureau of Finance and Accounting at 2737 Centerview Drive, Suite 212, Tallahassee, Florida 32399-3100. Accompanying documentation in support of the county’s position may be included.

(5) Form 63G-1-1 (May 2006), “Notice of Disputed Detention Charge,” is incorporated by reference and is available from the Bureau of Finance and Accounting in Tallahassee.

(6) The Department’s response constitutes final agency action and may be challenged through the process available in Chapter 120, F.S.

Specific Authority 985.686(10) 985.2155(10) FS. Law Implemented 985.686(6)-(7) 985.2155(5)-(8) FS. History–New 7-16-06, Amended__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Chris Craig, DJJ Bureau of Finance and Accounting
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Beth Davis, DJJ Director of Administration
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 9, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 23, 2008