To implement provisions in Sections 985.46 and 985.435, F.S., governing post-residential supervision of youth upon release from a residential commitment facility.

DEPARTMENT OF JUVENILE JUSTICE
Probation

RULE NO: RULE TITLE
63D-7.001: Purpose and Scope
63D-7.002: Definitions
63D-7.003: Transition Planning While the Youth is in a Residential Commitment Facility
63D-7.004: Pre-Release Notification
63D-7.005: Post-Residential Supervision
63D-7.006: Admission to Post-Residential Supervision
63D-7.007: Supervision Plans
63D-7.008: Violations
63D-7.009: Termination of Services
PURPOSE AND EFFECT: To implement provisions in Sections 985.46 and 985.435, F.S., governing post-residential supervision of youth upon release from a residential commitment facility.
SUMMARY: The rule establishes standards and procedures for the provision of services, sanctions and case management for youth leaving residential facilities and returning to the community. This includes the planning phase while the youth is in the commitment facility, the phase immediately prior to release, and the period of active supervision after the youth returns to the community. The rule is applicable to all categories of post-residential supervision services, including conditional release and post-commitment probation.
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: 985.46, 985.435, 985.64 FS.
LAW IMPLEMENTED: 985.46, 985.435 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Tuesday, July 24, 2007, 10:00 a.m.
PLACE: DJJ Headquarters, Knight Building, Room 312, 2737 Centerview Dr., Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lydia Monroe, 2737 Centerview Dr., Ste. 312, Tallahassee, FL 32399-3100; e-mail, [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

63D-7.001 Purpose and Scope.

This rule establishes the standards and procedures for the provision of services, sanctions and case management for youth leaving residential facilities to return to the community. This includes the planning phase while the youth is in the commitment facility, the phase immediately prior to release, and the phase of active supervision while the youth is back in his or her community until termination of supervision. This rule is applicable to all categories of post residential supervision services, including conditional release and post-commitment probation. Post-commitment probation is a form of probation supervision, and is therefore also governed by Rule Chapter 63D-5, F.A.C.

Specific Authority 985.46, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History–New________.

 

63D-7.002 Definitions.

For purposes of this rule chapter, the following terms shall be defined as follows:

(1) Affidavit for Order to Take Into Custody – As incorporated in Rule 63D-5.002, F.A.C.

(2) Affidavit/Petition for Violation of Probation – As incorporated in Rule 63D-5.002, F.A.C.

(3) Commitment Conference – A commitment conference is conducted to develop the department’s recommendation to the court for youth who may be appropriate for residential placement. If the conference results in a commitment recommendation, the level of restriction and appropriate services are included in the recommendation.

(4) Community-Based Supervision Services – A community treatment option in which the youth is supervised outside a campus setting in the community by staff of an agency contracted to provide deliverables such as supervision, family counseling, service referrals and skill training based upon an individualized assessment of the youth’s risks and needs.

(5) Conditional Release – The assessments, services, help and supervision provided to families and to youth who are released from residential commitment programs. Under the legal status of conditional release the youth remains on commitment status subject to transfer through the department’s process governing transfers.

(6) Contracted Case Manager – The department is authorized by statute to contract with public and private agencies in order to carry out the purposes of the responsibilities of the department established in statute.

(7) Criminogenic needs/risk factors – Research in the area of juvenile delinquency has documented critical factors in predicting future criminal behavior. The PACT recognizes these factors and classifies them into critical domain areas known to influence criminal behavior. The JPO and JPO supervisor use this data to measure the individual risk posed by each youth and to design a plan most responsive to reducing the level of risk posed by each factor.

(8) Direct Discharge – Discharge from the residential commitment facility under certain conditions without any requirements for community supervision by the department.

(9) Discharge Summary – A Performance Summary completed at the time a youth is discharged from a residential facility.

(10) Facility-Based Day Treatment Services – A community treatment option in which the youth can attend school or receive services or both, based upon an individualized assessment of the youth’s risks and needs, on a non-residential campus setting obtained from a contracted provider.

(11) Health Discharge Summary – This is a Health Services form to be used to inform parents, JPOs and aftercare providers of medical issues that will need to be addressed upon the release of the child from a program. Information includes: allergies, medications youth is receiving at the time of discharge, current medical or mental health alerts and any special health related needs or instructions. The Health Discharge Summary Form HS 012 (October 2006) is incorporated, and is accessible electronically at http://www.djj.state.fl.us/forms/health_services_forms_index.html.

(12) Independent Living – A service provided to assist older adolescents, who lack sufficient family resources, to help make the transition to adulthood. The program encourages teens to actively engage in the adult living preparation process. A youth participates in several assessments (including a career assessment) and helps with the development of a plan to support independent living as an adult when independent living program support ends. Each assessment and plan is updated regularly to monitor progress and ensure a teen's adult preparation needs are met. It also provides a place to reside for older youth who have no family home that is sufficiently safe to help the youth make a crime free adaptation to adult responsibility and self-sufficiency.

(13) Involuntary Civil Commitment of Sexually Violent Predators – Refers to Sections 394.910-.932, F.S., that sets forth the process that determines if individuals whose offense(s) have been of a sexual nature meet the statutory criteria for civil commitment to the Department of Children and Family Services.

(14) Juvenile Probation Officer (JPO) – The Juvenile Probation Officer (JPO) serves as the primary case manager for the purpose of managing, coordinating and monitoring the services provided and sanctions required for youth on probation, post-commitment probation or conditional release supervision. In this chapter whenever a reference is made to the tasks and duties of a JPO it shall also apply to case management staff of a provider agency contracted to perform these duties and tasks.

(15) Juvenile Probation Officer Supervisor (JPOS) – A Juvenile Probation Officer Supervisor (JPOS) provides first line oversight and management of the JPOs in the unit. The JPOS is responsible for overall direction and guidance of the services provided by the JPO including but not limited to reviewing the progress of cases, documenting compliance with law and court orders, and approving the development of and revisions to YES plans. In this chapter whenever a reference is made to the tasks and duties of a JPOS it shall also apply to case management staff supervisor of a provider agency contracted to perform these duties and tasks.

(16) Mental Heath Substance Abuse Treatment Discharge Summary – A form which summarizes the focus and course of a youth’s mental health and/or substance abuse treatment, and provides recommendations for mental health and/or substance abuse treatment or services upon the youth’s movement out of a DJJ facility or program. The Mental Health/ Substance Abuse Treatment Discharge Summary (MHSA 011, August 2006) is incorporated, and is available from the Medical Director’s Office at 2737 Centerview Drive, Suite 212, Tallahassee, FL 32399-3100.

(17) Notification of the Decision to Not Involuntarily Commit Form – The documentation required in order to release a Sexually Violent Predator (SVP) eligible youth from residential commitment. The form (JJIS Form 25, February 2005) is incorporated and is accessible electronically at http://www.djj.state.fl.us/forms/health_services_forms_index.html.

(18) Performance Plan – An individualized plan developed by the treatment team and youth that stipulates 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.

(19) Performance Summary – A written document used by staff of residential facilities 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. A Performance Summary can be in the form of a Release Summary, Discharge Summary, or Transfer Summary. The Performance Summary form (RS 007, September 2006) is incorporated and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.

(20) Positive Achievement Change Tool (PACT) – As incorporated in Rule 63D-5.002, F.A.C.

(21) Post-Commitment Probation – The assessments, services, and supervision provided to families and to youth who are released from residential commitment programs. Under the legal status of post-commitment probation the youth is legally transferred from commitment status to probation status, and the terms and conditions of the YES plan are made by an order entered by the court. A youth on post-commitment probation status is not governed by the department’s transfer policy, but is under the jurisdiction of the court.

(22) Pre-Release Notification – As defined and incorporated in Rule 63E-7.002, F.A.C.

(23) Progress Report – The Progress Report is used to communicate the youth’s progress to the court and can be used at the time of a judicial review, jurisdiction transfer or a request for termination of supervision, probation, post-commitment probation or conditional release. Upon completion of all sanctions, performance goals, and the determination that supervision is no longer required, the Juvenile Probation Officer must submit to the court a Progress Report requesting termination, which must include all court ordered sanctions completed by the youth. The Progress Report Form (DJJ/IS Form 12, September 2006) is incorporated, and is available from the Assistant Secretary for Probation and Community Intervention at 2737 Centerview Drive, Suite 103, Tallahassee, FL 32399-3100.

(24) Request for Release Letter – The letter used by the JPO to formally notify the committing judge of the program’s intent to release. The letter indicates the program requesting the release, the date of release and whether the youth is to be transferred to conditional release, post commitment probation or direct discharge with no DJJ supervision. The Request for Release Letter (DJJ/IS Form 13, January 2007) is incorporated and available from the Assistant Secretary for Probation and Community Intervention at 2737 Centerview Drive, Suite 105, Tallahassee, FL 32399-3100.

(25) Residential Commitment Program – A low-risk, moderate-risk, high-risk, or maximum-risk residential delinquency program for committed youth.

(26) Sexually Violent Predator (SVP) – For purposes of this chapter, SVP eligible refers to a youth being subject to the requirements of Section 394.910-.932, F.S.

(27) Sexually Violent Predator Program Multidisciplinary Team Notification Letter – The letter used by the JPO to formally notify, in writing, the Department of Children and Families’ Multidisciplinary Team of the anticipated release of youth committed on a sexually violent offense. The Sexually Violent Predator Program Multidisciplinary Team Notification Letter (DJJ/BCS Form 24, September 2006) is incorporated and is available from the Assistant Secretary for Probation and Community Intervention at 2737 Centerview Drive, Suite 105, Tallahassee, FL 32399-3100.

(28) Youth-Empowered Success Plan (YES Plan) – As incorporated in Rule 63D-5.002, F.A.C.

Specific Authority 985.46, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History–New________.

 

63D-7.003 Transition Planning While the Youth is in a Residential Commitment Facility.

(1) Planning for the youth’s transition, or return to the community, must begin at the commitment conference when the appropriate conditional release services are identified. Planning for the youth’s successful transition involves the concerted on-going efforts of the youth, the commitment program’s treatment team, the JPO, the conditional release staff (if identified and assigned), and the youth’s family. The JPO must communicate with the staff of the residential commitment facility to assess the youth’s progress and readiness for release and with the parent or guardian to ensure the needs of the youth are being addressed. At a minimum, the JPO must have one face-to-face contact with youth during the transition phase if within a fifty (50) mile radius of the home office. Contacts with youth, regardless of the method used, must be meaningful and must capture the youth’s progress in the program. The unique needs of each youth should be considered and documented in the field notes.

(2) The documents listed below in paragraph (a) must be generated by the residential commitment program and routed to the court through the assigned JPO. The documents listed below in paragraph (b) must be mailed to the court directly with the assigned JPO being copied. The required routing for each type document is described below:

(a) Sent from the Residential Commitment Facility to the JPO for distribution to the court;

1. Pre-Release Notification and Acknowledgement Form,

2. Discharge Summary,

3. Health Discharge Summary,

4. Mental Heath Substance Abuse Treatment Summary.

(b) Sent by the Residential Commitment Facility directly to the court with a copy to the JPO;

1. Performance Plan,

2. Performance Summary.

Specific Authority 985.46, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History–New________.

 

63D-7.004 Pre-Release Notification.

(1) In notifying the JPO of a youth’s planned release date, the commitment program, unless its length of stay is forty-five (45) days or less, must forward to the JPO the Pre-Release Notification and Acknowledgment form forty-five (45) days prior to the youth’s planned release date and ninety (90) days prior to release for sex offenders who do not meet statutory criteria for involuntary civil commitment of sexually violent predators to the Department of Children and Families as set forth in Chapter 394, F.S. The program’s notification to the JPO of release from a low-risk residential program with a length of stay forty-five (45) days or less must be made within seventy-two (72) hours of the youth’s admission to the program.

(2) If the department concurs with the proposed release date, the JPO must notify, by letter, the committing judge of the program’s intent to release. The Request for Release letter, along with a copy of the program’s release Performance Summary, must be hand delivered, faxed, or sent certified mail to the judge. This must be done within three (3) working days of receipt of the Pre-Release Notification and Acknowledgement Form. Copies of the letter must be provided to the youth’s parent(s)/guardian(s), the commitment program, and conditional release staff, if assigned. The JPO must keep proof of delivery to the court in the youth case file. The JPO must return the completed Pre-Release Notification to the commitment program within five (5) days of completion of the form.

(3) In accordance with Chapter 394, F.S., the JPO must notify, in writing, the Multidisciplinary Team established by the Department of Children and Family Services of the anticipated release of any youth who has been convicted of a sexually violent offense. A copy of the written notice must also be forwarded to the state attorney in the circuit where the youth was adjudicated. Notification to the Multidisciplinary Team and the state attorney must take place one hundred eighty (180) days prior to the anticipated release of persons age eighteen (18) and older from a commitment program and who have been convicted of the sexually violent offenses defined in statute. The transition process for sex offenders who meet the statutory criteria for involuntary civil commitment as set forth in Chapter 394, F.S., must commence two hundred and ten (210) days prior to the youth’s anticipated release from the commitment program if the program is a maximum or high-risk program or otherwise one with a length of stay of more than 180 days.

(4) The residential commitment program shall not release any SVP eligible youth subject to the provisions of Chapter 394, F.S., until the Multidisciplinary Team at the Department of Children and Families (DCF) has determined eligibility and the state attorney’s office has decided whether or not to file a petition. If it’s determined that the youth will not be involuntarily committed to DCF then the JPO must notify the program using the Notification of the Decision to Not Involuntarily Commit to DCF Form.

Specific Authority 985.46, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History–New________.

 

63D-7.005 Post-Residential Supervision.

(1) While a youth is on post-residential supervision, he or she will typically reside in their family home or in the home of a legal guardian. However, some youth may be in an independent living program, and others will live in an alternative setting with a family friend or a relative who is not the legal guardian. One of the objectives of service planning for youth on post-residential status is preparing them to make the transition to self-supporting, pro-social adulthood. Independent Living is a category that focuses on providing an array of specialized services and for some youth an opportunity for a placement outside the family home. The program is intended for youths whose home environment is a barrier to a crime-free return to the community, youths who are homeless, and youths who cannot return to their home. Independent Living incorporates residential and nonresidential components. Independent living programs are required to operate according to specific contractual language and applicable DJJ quality assurance standards. Youths with sexual offenses, developmental disabilities, and youths, whose adjudication of dependency precedes the adjudication of delinquency, are not appropriate for residential independent living programs and should not be referred to participate. Youths with histories of arson, cruelty to animals, or first-degree felonies should be permitted to participate in an independent living option on a case-by-case basis and documentation of the youth’s appropriateness must be maintained in the case file. When a youth is prescribed psychotropic medications, a medication evaluation must be completed prior to consideration of residential independent living placement and will be handled on a case-by-case basis.

(2) Department Operated Post-Residential Programs.

(a) Conditional release is the most utilized of the post-residential categories. The youth’s stay in the community is conditioned upon his continuing compliance with the conditions of his or her YES plan and with the requirement that he or she commits no new law violations. Services and sanctions are built upon the successes experienced while in the residential commitment facility.

(b) Post-commitment probation is ordered by the court at the disposition hearing. If ordered, then the court ordered conditions of supervision shall be followed. In this case, the JPO must inform the commitment program that the youth will be under DJJ supervision when released. A youth will not be placed on post-commitment probation unless there is a court order specifying the probation. If the commitment order does not specifically state post-commitment probation or direct discharge, the youth is considered to be under conditional release status with the department to be either supervised by a JPO under committed status, or placed into a conditional release program.

(3) Direct discharge:

(a) If a youth has reached the age of jurisdiction, the department must pursue direct discharge from the residential program. If the youth has completed the maximum term of confinement, which an adult would serve for the same offense while in the residential program, the department must recommend direct discharge. Cases under the jurisdiction of a juvenile court must be approved for direct discharge by said court prior to the department completing any direct discharge action.

(b) If a youth commits a violation of law for which he/she is sentenced in the adult system, the department may pursue direct discharge. To request termination of a youth sentenced as an adult, the JPO must follow the same procedures used for terminating a case from juvenile court.

(c) The department may seek direct discharge due to unusual circumstances, such as a placement in Job Corps or relocation out of the country. Cases under the jurisdiction of a juvenile court must be approved for direct discharge by said court prior to the department completing any direct discharge action.

(d) When notifying the court of the youth’s discharge date, the JPO must provide the court with a notification letter that advises the court of the department’s intent to directly discharge the youth and the reason for the direct discharge. The JPO must also provide the court with a copy of the discharge Performance Summary and the adult court order, if the youth was sentenced in the adult system.

Specific Authority 985.46, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History–New________.

 

63D-7.006 Admission to Post-Residential Supervision Program.

(1) Conditional release:

(a) Within twenty-four (24) hours of a youth's admission to the conditional release program, he/she must receive a program orientation. The youth's parent(s)/guardian(s) must be encouraged to attend the orientation. The orientation information must be understandable to the youth.

(b) The conditional release staff must always notify the parent(s)/guardian(s) of the youth’s acceptance into the program within twenty-four (24) hours after admission. The parent must be given either a written acknowledgement of this acceptance, or a letter of acceptance. A brief overview of the conditional release program must be incorporated in this introductory correspondence. If the conditional release program participates in scheduled recreational activities the parent(s)/guardian(s) must advise the program if they object to such participation due to any physical or medical problems. The letter must inform the parent(s)/guardian(s) that if they object they must provide written documentation from a doctor. A copy of the letter from the doctor must be filed in the youth’s case record.

(c) Within seven (7) calendar days from the date of the youth's admission to a conditional release program, the conditional release staff must complete a needs assessment for each youth. If a PACT Reassessment was completed within the past 45 days, a new assessment is not required.

(2) Post-commitment probation:

(a) Within twenty-four (24) hours of a youth's release from the residential program, he/she must be contacted by the JPO for an orientation. The youth's parent(s)/guardian(s) must be encouraged to attend the orientation. The orientation information must be understandable to the youth.

(b) The JPO must always notify the parent(s)/guardian(s) of the youth's acceptance into the program within twenty-four (24) hours after admission. The parent must be given either a written acknowledgement of this acceptance, or a letter of acceptance. A brief overview of the post residential probation program must be incorporated in this introductory correspondence. If the post-residential probation program participates in scheduled recreational activities the parent(s)/guardian(s) must advise the program if they object to such participation due to any physical or medical problems. The letter must inform the parent(s)/guardian(s) that if they object they must provide written documentation from a doctor. A copy of the letter from the doctor must be filed in the youth’s case record.

(c) Within seven (7) calendar days from the date of the youth's placement on probation, the JPO must complete a needs assessment for each youth. If a PACT Reassessment was completed within the past 45 days, a new assessment is not required.

Specific Authority 985.46, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History–New_________.

 

63D-7.007 Managing Supervision and Designing Intervention Through the YES Plan.

(1) The primary goal of the YES Plan is to provide a detailed roadmap of how the youth, family, and JPO will achieve the treatment goals and sanctions found in the dispositional court order and any voluntary goals. The JPO must prepare the initial YES Plan within fourteen (14) calendar days of the youth’s placement on post-residential supervision. The YES Plan must be developed with the youth and family’s input in terms of goal identification and in terms of their ability to fulfill their responsibilities. Inability to obtain parental involvement and efforts made to engage the parent(s)/ guardian(s) must be documented. During the development of the plan, the youth and parents/guardians must be informed of the consequences of failing to fulfill the goals of the plan. When the youth accomplishes the terms of the plan he or she can then be successfully terminated from supervision.

(a) The YES Plan must address public safety, accountability, and competency development.

(b) The plan is not limited to court ordered sanctions and treatment goals. In the course of working with the youth and family, the JPO may assess the need for new interventions that the parties mutually agree to pursue, based on the criminogenic needs identified in the PACT assessment. The JPO must include these new interventions in the plan. However, completion of the court ordered goals must be the primary determinant when requesting termination or violations by the court. Voluntary goals should not impede the release of a youth from supervision. The JPO shall request case termination based upon compliance or substantial compliance with the court ordered plan. Each goal must include the major action steps required to achieve the goal. The person or persons primarily responsible for each step must be noted.

(c) The JPO, youth, and family must record target dates for each goal and action step. Target dates should be realistic, yet focused on moving the youth off supervision within a reasonable time frame.

(d) The youth, JPO, and JPOS must sign the YES Plan. The parent(s)/guardian(s) must sign the YES Plan, unless the youth is over 18 years of age or living independently.

(e) The JPO must provide the youth and family with a legible copy of the plan.

(f) If the department has not granted the provider agency access to the PACT automated system, then the requirements described in Rule 63D-7.007, F.A.C., Supervision Plans paragraphs (1)(a) through (e) are not required to be completed in the automated system.

(2) A YES Plan requires adjustments as goals and action steps are completed and when new sanctions or voluntary goals are added. The JPO shall document that major changes to the YES Plan have been communicated to the youth and parent(s)/guardian(s).

(3) Field notes must be completed documenting the intervention contacts made with the youth and family.

(4) The JPO must routinely review and modify, if necessary, the plan with the youth and the family. Formal reviews must occur every ninety (90) days. During the review, the JPO or assigned contracted case manager shall call attention to the accomplished goals and continue to address those that have not been accomplished. The JPO shall document that major changes to the YES Plan have been communicated to the youth and parent(s)/guardian(s).

(a) The identified sanctions and treatment goals in the YES Plan must be the primary focus of discussion during the JPO’s contacts with the youth and the family. As the JPO becomes aware of completed goals and action steps, the JPO must document these achievements on the plan.

(b) If, during the course of supervision, new needs are identified, the JPO must attempt to modify the plan by including voluntary goals to address the needs. Formal adjustments to the court ordered goals must be made by the court during a judicial review. If jurisdiction is not in the county where the supervision occurs, then the JPO will ask the youth to voluntarily agree to the modification or request judicial assistance.

(c) If the youth receives subsequent dispositions due to pending cases at the time he/she was placed on supervision or due to new violations, the JPO must update the original plan to reflect changes in sanctions and treatment goals and court ordered conditions. In making recommendations to the court, at the time of disposition, the JPO must take into consideration the youth’s compliance or lack of compliance with YES Plan of the previous disposition.

Specific Authority 985.46, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History–New________.

 

63D-7.008 Violations.

(1) Conditional release:

(a) New law violations: Within twenty-four (24) hours of knowledge of a new law violation, the conditional release staff must personally inform the JPO and vice versa. The JPO and/or conditional release staff must make face-to-face contact with the youth within twenty-four (24) hours of knowledge of a new law violation.

(b) Technical Violations: If a conditional release program feels that a youth has committed a technical violation of the rules of the program, the program may request transfer of the youth out of the conditional release program. The conditional release program shall put the request to transfer in writing and the department will consider the request to transfer. If the department decides that transfer is appropriate, then the department shall initiate the transfer procedures under Chapter 985, F.S. If the department decides that transfer is not in the best interest of the youth, the conditional release program will continue to work with the youth toward successful completion of the program.

(c) Absconders: Absconding occurs when a supervised youth goes in a clandestine manner out of the jurisdiction of the court in order to avoid legal process, or when the youth hides, conceals or absents himself or herself with the intent to avoid legal process. Mere absence or not appearing for appointments is not absconding, but may constitute a technical violation if it continues. To constitute absconding, the JPO must have cause to believe that the youth is deliberately avoiding supervision, or has removed himself or herself from the home or community. A youth reported by parents or guardians to have run away, is considered an absconder.

1. At the point the JPO considers the youth to have absconded, the JPO must document all efforts to locate the youth considered an absconder.

2. If a youth absconds from supervision, the conditional release staff is responsible for conducting a diligent search and documenting this search in the field notebook. If the JPO has reasonable cause to believe that the youth has absconded from supervision, the JPO will within one (1) working day, file an Affidavit for Order to Take Into Custody. If not stipulated otherwise by contract, the conditional release staff is responsible for coordinating with the JPO to obtain an Affidavit for Order to Take Into Custody on youths who abscond or fail to report to the conditional release program. In this case, when the affidavit is processed, a copy must be forwarded within one (1) workday to the conditional release service provider.

(2) Post-commitment probation:

(a) New law violations: New law violations may generate the need for a violation of probation. If the department decides to seek a violation of probation, the department will follow the procedures established under Chapter 985, F.S.

(b) Technical violations: Technical violations may generate the need for a violation of probation. If the department decides to seek a violation of probation, the department will follow the procedures established under Chapter 985, F.S.

(c) Absconders: If a youth absconds from supervision, the JPO is responsible for conducting a diligent search and documenting this search in the field notebook. If the JPO has reasonable cause to believe that the youth has absconded from supervision, the JPO will, within one (1) working day, file an Affidavit for Order to Take Into Custody with the court.

Specific Authority 985.46, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History–New__________.

 

63D-7.009 Termination of Services.

(1) In general, a youth’s length of stay on any form of post-release status will depend upon the youth’s presenting needs and risk and on the progress made on achieving the objectives of the YES Plan. The minimum length of stay is ninety (90) calendar days. If after one hundred eighty (180) calendar days the youth needs additional supervision, the court may be petitioned to place the youth onto post-commitment probation to fulfill the continued obligations of conditional release.

(2) Upon completion of all sanctions, performance goals, and the determination that supervision is no longer required, the JPO must submit a Progress Report to the court requesting termination, which must include all court ordered sanctions completed by the youth.

(3) The Progress Report will then be used as a termination summary that must include the status of all court ordered sanctions completed by the youth. Documentation of completed sanctions including community service hours and restitution must be forwarded to the court. The JPO shall review the termination summary and obtain supervisor approval prior to submitting a letter and the Progress Report to the court within three (3) working days of receipt of the summary. The conditional release staff, youth, and the youth’s parent(s)/guardian(s) should receive a copy of this letter.

(4) The court has ten (10) days, from receipt, to reject or approve the release. The adult court has fourteen (14) days, from receipt, to reject or approve the release. If the court does not respond within the days specified, the request of the department must be deemed granted.

(5) If the court does not accept the recommended release date, the youth must be held in the program until an acceptable release date is negotiated with the court.

(6) If it is determined that a case must be terminated due to loss of jurisdiction, the juvenile probation officer must immediately notify the conditional release staff and vice versa.

(7) Should a former youth request assistance after termination from supervision, the juvenile probation officer should be available for reasonable assistance.

Specific Authority 985.46, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jack Ahearn, DJJ Probation and Community Intervention
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Darryl Olson, Assistant Secretary for Probation and Community Intervention
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 18, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 20, 2007