63G-2.022. Behavior Management and Behavioral Confinement

(1) Principles – The use of an established behavior management system promotes safety, respect, fairness and protection of rights within the facility.

(2) Behavior Management:

(a) A behavior management system will enhance safety and security as it relates to youth behavior. Each facility shall implement a behavior management system that includes:

1. Fair and consistent consequences,

2. A three level system for rewarding positive behavior,

3. A process for youth to move up or down the level system; and,

4. Extra incentives tailored specifically for facility youth as they move up the levels.

(b) The behavior management system shall be explained to all youth during the admission and orientation process, and a copy of the behavior management system shall be posted in all living areas. Youth shall be provided an orientation brocuhure at the time of admission, which clearly describes the behavior management system.

(c) At the beginning of each awake shift, the expectations for the day will be conveyed to the youth. Officers shall review the daily schedule so youth know what to expect. The expected behaviors and incentives will be posted in each mod.

(d) At no time shall a youth be allowed to exercise control over or provide discipline or care of any type to another youth.

(3) Behavioral Confinement:

(a) Behavioral confinement is an immediate, short-term, crisis management strategy for use during situations in which one or more youth’s behavior imminently and substantially threatens the physical safety of others or compromises security. Confinement may not be used to harass, embarrass, demean or otherwise abuse a youth.

(b) All youth placed in confinement shall be provided:

1. Three meals per day and an evening snack;

2. Access to medical care as needed;

3. Access to mental health care as needed;

4. Daily shower;

5. Clean clothing daily;

6. Hygiene items such as toothbrush, toothpaste, deodorant and feminine hygiene products;

7. Mattress;

8. Education materials provded through education staff; and

9. Notice of the youth’s right to grieve a confinement placement.

(c) Youth shall be removed from confinement as soon as the youth is not a continued threat to safety or security. Supervision and documentation of confinement shall consist of the following:

1. The officer making the confinement placement shall submit an incident report and a confinement report to the supervisor.

2. Supervision shall be documented on the confinement Visual Observation Report (VOR) Log at a minimum of every five (5) minutes during the first hour in confinement. The youth will be supervised according to how they are classified on the Detention Youth Supervision Matrix (DS 101 August 2020) thereafter.

3. If a physical injury is observed, the youth complains of an injury or illness, the youth has a known chronic health condition (including pregnancy) or the youth experienced a fall, impact, or blow such that injury could reasonably be expected, a health care professional shall be immediately notified for timely assessment and treatment to be documented in the youth individual healthcare record. For a pregnant youth, the documentation shall consist of a report that includes the reason confinement is necessary, the reason less restrictive means are not available, whether a qualified medical professional objects to the placement, and any alternative recommendations or plan of care. When a medical professional is not on site to provide an assessment and determine if there is an objection to the placement of a pregnant youth in confinement, then the on-call practitioner must be contacted. The contact person, date, time and the response from the on-call practitioner shall be documented on the report, which must be given to the pregnant youth within twelve (12) hours.

4. The Supervisor must conduct an initial confinement review with the youth no later than two (2) hours from the incident.

5. Supervisors and staff are expected to personally counsel the youth throughout the placement and document each interaction on the VOR.

6. The Supervisor will conduct additional reviews with the youth at a minimum of every 3 hours following the initial confinement review and document the review in FMS. Each review must include a reason for continued confinement. The reviews shall be done in person and, unless during sleeping hours, shall include a conversation with the youth.

(d) Confinement shall not exceed twenty-four (24) hours for pregnant youth. Confinement for all other youth shall not exceed twenty-four (24) hours except for those rare instances where the youth’s behavior continues to imminently and substantially threaten the physical safety of others or compromises security, at which point the following process for Confinement Review must be initiated:

1. Confinement Reviews will be chaired by the Regional Director or designee and be conducted in person or over the phone. The review must be held a minimum of two (2) hours prior to the end of the twenty-four (24) hour period.

2. The Superintendent or designee must provide the chair with a copy of the youth Confinement Report and all documented review and interviews with the youth.

3. The Superintendent or designee and a member of the facility mental health team must meet with the youth prior to the Review to discuss continued confinement.

4. The chair shall document his or her decision.

a. If the youth’s behavior continues to imminently and substantially threaten the physical safety of others or compromise security, the youth shall be continued in confinement for an additional period up to but not exceeding 24 hours. Mental health staff must see the youth as soon as reasonably possible, and thereafter, regular reviews will be conducted under subparagraph (c)6., above.

b. If the youth’s behavior does not imminently and substantially threaten the physical safety of others or compromise security the youth shall be returned to general population.

c. A copy of the Confinement Review documentation, including the chair’s decision, shall be distributed to the Regional Director and the Assistant Secretary for Detention Services and uploaded into FMS.

5. The youth shall be removed from confinement if, at any point during or after the Confinement Review, the youth’s behavior ceases to imminently and substantially threaten the physical safety of others or compromise security.

(4) Grievances:

(a) Youths may submit a written grievance if they feel their rights have been violated or they have been treated unfairly.

(b) The JJDOS will review the grievance by the end of the shift with action taken within twenty-four hours.

(c) The youth may appeal the outcome of the grievance to the Superintendent or designee.

(d) Any grievance involving physical safety will be brought to the attention of the Superintendent, or designee, for immediate resolution and may be called in to the CCC if reporting requirements are met.

(e) Grievances do not replace the responsibility of reporting abuse. If the grievance is an allegation of abuse, it must be reported to the Florida Child Abuse Hotline and the CCC, and shall be handled pursuant to such guidelines.

Rulemaking Authority 944.241, 985.601(9)(b) FS. Law Implemented 944.241, 985.601(9)(b)8. FS. History–New 8-9-15, Amended 11-22-20.