Definitions., Detention Screening., Intake Screening., Community Supervision., Transfers of Supervision., Violations of Supervision., Admission of Youth., Service Delivery., Release.
DEPARTMENT OF JUVENILE JUSTICE
RULE NOS.:RULE TITLES:
63D-13.001Definitions.
63D-13.0021Detention Screening.
63D-13.0022Intake Screening.
63D-13.004Community Supervision.
63D-13.0041Transfers of Supervision.
63D-13.0042Violations of Supervision.
63D-13.0051Admission of Youth.
63D-13.0062Service Delivery.
63D-13.0065Release.
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. 46 No. 10, January 15, 2020 issue of the Florida Administrative Register.
63D-13.001 Definitions.
For this rule chapter, the following terms are defined as follows:
(1) through (39) No change.
(40) Request for Release Letter ‒ A letter to accompany the pre-release notification PRN used to advise the court of the department’s agreement with the release request from the program. This form is also known as the Judge’s Release Notification.
(41) through (48) No change.
Rulemaking Authority 985.64, 985.601, FS. Law Implemented 985.03, 985.135, 985.14, 985.145, 985.245, 985.435, 985.46, 985.601 985.60,1 FS. History–New__________.
63D-13.0021 Detention Screening.
(1) No change.
(2) In making the decision to detain or release a youth, the JPO/Screener shall take several key factors into consideration:
(a) The detention placement decision shall be based upon an independent assessment of risk determined by the DSI DRAI.
(b) through (c) No change.
(3) Screening packets for detained youth.
(a) A screening packet shall be completed and uploaded into the document library of JJIS and copies sent to the Clerk of Court, State Attorney’s Office, Public Defender/Defense Attorney, Detention Center, if applicable, and the JPO.
(b) Documents to include in the screening packet, include copies of the following:
1. Arrest affidavit/court order;
2. DSI DRAI;
3. through 6. No change.
(c) No change.
(4) Youth wanted in another jurisdiction and presented for detention screening.
(a) The JPO/Screener shall access the “contact persons” portion of the JJIS Face Sheet to identify the issuing county JPO and JPOS. The JPO/Screener shall contact the issuing JPO by telephone, to inform them that the youth has been detained (identify county) and shall identify the specific detention center where the youth will be going. The JPO/Screener shall also send a follow-up email to the issuing county JPO and JPOS, to include the youth’s name, Department of Juvenile Justice identification number DJJID, the county where the youth is detained, and the name of the detention center where the youth will be held.
(b) No change.
(5) No change.
Rulemaking Authority 985.64, 985.601, FS. Law Implemented 985.245, FS. History–New__________.
63D-13.0022 Intake Screening.
(1) through (3) No change.
(4) An initial intake conference with the youth and parent(s)/guardian(s) shall be held in all cases unless the youth and parent(s)/ guardian(s) refuse or are unable to participate.
(a) through (b) No change.
(c) The JPO shall attempt to obtain written consent for substance abuse treatment from the youth and parent at the intake conference for all youth with substance abuse needs.
(5) No change.
(6) As with the complainant and victim information, the information gathered during the initial intake conference is a part of the youth’s assessment of risk and needs and is used in developing the State Attorney Recommendation (SAR) and Pre-Disposition Report (PDR), if ordered.
(a) No change.
(b) The SAR shall address the following: attitude of youth, cooperation of parent(s)/guardian(s), ability of parent(s)/guardian(s) to control youth, attitudes of complainant and victim, information related to youth’s involvement or association with a criminal street gang, and any available information on mental health and substance abuse needs. The State Attorney Recommendation (DJJ/CATFRM 3 08/2019) is incorporated and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11533.
(c) No change.
(7) through (8) No change.
(9) Staff will document all actions, efforts, occurrences, and communications related to the management of all youth referred to the department.
(a) The JJIS Case Notebook Module case notebook module is the sole source of documentation for all case management and supervision activities in all state-operated and provider community supervision programs. Each case note entered into the Case Notebook Module case notebook module shall be entered within seventy-two (72) hours of the event that is being documented. After seventy-two (72) hours, the case note is considered a “late entry” and must be labeled as such in the General Narrative section.
(b) through (c) No change.
Rulemaking Authority 985.64, 985.601, FS. Law Implemented 985.14, 985.145, FS. History–New__________.
63D-13.004 Community Supervision
(1) through (3) No change.
(4) The initial YES Plan shall be developed within thirty (30) calendar days of disposition, in the case of probation, or release, in the case of CR or PCP, and must be signed by all parties, including the youth, family, JPO, and JPOS. An electronic signature for the JPO and JPOS is acceptable.
(a) Once the youth, parent, JPO and JPOS have signed and dated the initial YES Plan, the JPOS will have thirty 30 calendar days to enter an initial supervisory review note into the JJIS Case Notebook Module case notebook module. The date of the initial supervisory review note shall serve as the starting point for determining when all subsequent ninety (90)-day supervisory reviews shall be due.
(b) through (e) No change.
(5) through (6) No change.
(7) Prolific Juvenile Offender (PJO) youth shall be contacted as follows, until the youth no longer meets the PJO eligibility criteria:
(a) 1. Three contacts weekly face-to-face with the youth (LEO contacts with the youth do not count).
(b) 2. One (1) face-to-face contact with the parent biweekly and one (1) weekly evening telephone call with the parent to verify curfew.
(c) 3. During the initial twenty-one (21) days of PJO supervision, at least one face to face contact with the youth should occur on a Saturday or Sunday.
(d) 4. PJO youth shall participate in a law enforcement curfew program, if available.
(8) The assessment of youth is not a one-time event, but an ongoing process. Therefore, the JPO shall update the youth’s risk and needs assessment to ensure that CAT results are reflective of the youth’s status, including changes in behavior and progress with YES Plan sanctions and goals.
(a) Re-assessments shall be done anytime there is a new law violation, after each new disposition, and as pre and post testing for all delinquency interventions, such as Redirections and day treatment.
(b) Youth who score low or moderate risk to reoffend upon program completion do not require a full CAT reassessment.
(c) At a minimum, assessments shall not be more than six months old for any youth on supervision.
(d) Final assessments are required for all youth within the last thirty (30) days of supervision.
(9) No change.
(10) If a youth is placed in adult jail, the JPO shall continue case management responsibilities.
(a) No change.
(b) If a youth is placed in adult jail, the JPO shall within two (2) business days of having knowledge that the youth is in jail:
1. through 2. No change.
3. Contact the youth’s family to explain that the youth will continue to be under DJJ supervision until jurisdiction expires or otherwise ordered by the court, and that the youth shall immediately upon release from jail, contact the assigned JPO to schedule a face-to-face appointment appointme0nt.
4. No change.
(c) through (e) No change.
Rulemaking Authority 985.64, 985.601, FS. Law Implemented 985.43514, 985.601, FS. History–New__________.
63D-13.0041 Transfers of Supervision
(1) through (2) No change.
(3) If the youth relocates within the circuit (intra-circuit), the JPOS shall prepare an email notification to the receiving unit JPOS, along with a Supervision Transfer Summary. The Supervision Transfer Summary is used to provide the receiving circuit of a youth’s case the youth’s address, living situation, legal status, a summary of the case(s), and the supervision adjustment. The Supervision Transfer Summary (DJJ/PROFRM 16 08/2019) is incorporated and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11538.
(4)(3) If the youth relocates to another circuit (inter-circuit), the JPOS shall prepare an email notification to the sending ICJ Circuit Liaison who shall in turn notify by email the receiving ICJ Circuit Liaison, with a copy to the CPO, of the family’s intent to relocate. The notification shall also include current demographic information for youth and family, as well as a Supervision Transfer Summary.
(5)(4) If the receiving unit is in another circuit court’s jurisdiction, the JPO shall request the court transfer jurisdiction to the circuit in which the youth will be residing. The court may grant or reject the request.
(6)(5) The receiving JPO shall make face-to-face contact with the family within two (2) business days of receiving the transfer request and shall notify the sending JPO that initial contact has been made with the youth and family. The receiving JPO and JPOS shall assume all responsibility for risk assessments, YES Plan, and case reviews.
(7)(6) For youth temporarily placed in a substance abuse, mental health, or other community-based residential treatment program, supervision shall be maintained, and not transferred. The assigned JPO shall continue to supervise the youth in accordance with the department approved contact schedule. Contacts with the youth may be telephonic, if outside the 50-mile radius. Contacts with youth, regardless of the method used, must be meaningful and must capture the youth’s progress in the program.
(8)(7) The JPOS of the sending unit is responsible for ensuring that all procedures outlined above have been followed for the appropriate and efficient transfer of cases.
Rulemaking Authority 985.64, 985.601, FS. Law Implemented 985.435, 985.46, FS. History–New__________.
63D-13.0042 Violations of Supervision
(1) through (3) No change.
(4) Technical violations involve noncompliance with court-ordered sanctions, such as not reporting to the JPO as directed, failing to complete community service, failing to follow through with a referral, truancy, or failing to make restitution payments.
(a) No change.
(b) If the JPO and JPOS decide that court action is warranted, an Affidavit/Petition for Violation of Probation shall be filed with the state attorney alleging that the youth is in violation of supervision. The affidavit shall be filed within seven (7) calendar days of the JPO becoming aware of the technical violation(s). Any violation previously addressed through an effective response shall be included in the affidavit.
(5) For the youth to meet the criteria for absconding, the JPO must have cause to believe that the youth is deliberately avoiding supervision by removing himself or herself from the home of community or has removed himself or herself from the home or community. A youth reported by family member, law enforcement agency, or foster care agency to have run away is considered an absconder.
(a) through (c) No change. At the point the JPO considers the youth to have absconded, the JPO shall document all efforts to locate the youth. The JPO has no more than seventy-two (72) hours to complete the diligent search.
(6) No change.
(7) If the department recommends a youth be transferred from minimum risk or conditional release to a non-secure, high-risk or maximum risk residential commitment program, the residential commitment manager will request a pick-up order from the youth’s assigned JPO. The JPO will attach the pick-up order to the Request for Transfer document. The JPO will send the documentation to the youth’s committing court. If the court doesn’t provide approval but takes no action in the ten (10) day period, there may be a need for the JPO shall to follow up with the court on the status of the pick-up order.
(8) through (9) No change.
Rulemaking Authority 985.64, 985.601, FS. Law Implemented 985.435, 985.439, FS. History–New__________.
63D-13.0051 Admission of Youth.
(1) through (2) No change.
(3) There are circumstances where a youth who has already been admitted to the JAC becomes severely ill or injured while awaiting detention screening, transfer to detention, or release to the parent(s)/guardian(s). If it is obvious that the condition of the youth is severe or appears to be life threatening, the first person who becomes aware of the emergency shall call 911 immediately to request emergency medical services (EMS).
(a) through (c) No change.
(d) If the youth requires hospitalization and has not been screened for detention, the JPO/Screener shall collect sufficient information telephonically and by other sources to complete the DSI DRAI to make a preliminary determination as to the youth’s qualification for secure detention, supervised released, or release with no detention status.
(e) through (f) No change.
(4) No change.
Rulemaking Authority 985.64, 985.601, FS. Law Implemented 985.135, FS. History–New__________.
63D-13.0062 Service Delivery
(1) through (6) No change.
(7) Mental health and substance abuse treatment services shall be provided in accordance with Chapter 63N-1, F.A.C., and in accordance with the following provisions:
(a) through (c) No change.
(d) Suicide Prevention Services. Youth who demonstrate suicide risk factors shall be referred for assessment of suicide risk or emergency mental health services if the youth is in crisis. Assessment of Suicide Risk Form (MHSA 004), as incorporated in Chapter 63N-1, F.A.C., must be utilized when the assessment of suicide risk is conducted in a DJJ facility or program. If the youth is released to the custody of the parent or legal guardian, the parent/legal guardian must be provided the form entitled Suicide Risk Screening Parent/Guardian Notification (MHSA 003), as incorporated in Chapter 63N-1, F.A.C.
(e) through (g) No change.
Rulemaking Authority 985.64, 985.601, FS. Law Implemented 985.03, 985.601, FS. History–New__________.
63D-13.0065 Release
(1) No change.
(2) For youth under minimum-risk commitment, the facility shall complete a pre-release notification and acknowledgement form and follow the procedure outlined in Chapter 63T-1 63T, F.A.C., to facilitate the release of the youth upon completion of the program.
Rulemaking Authority 985.64, 985.601, FS. Law Implemented 985.03, 985.455, 985.601, FS. History–New__________.
