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. 33 No. 4, January 26, 2007 issue of the Florida Administrative Weekly.

63G-2.004 Staffing and Operations.

(1) through (7) No change.

Specific Authority 985.601(9)(b) ~~985.404(10)(b)~~ FS. Law Implemented 985.601(9)(b)1. ~~985.404(10)(b)1.~~ FS. History–New 10-10-06, Amended__________.

63G-2.0045 Intake and Orientation.

(1) Admissions:

(a) The superintendent shall ensure officers are trained in the admission process including the review and completion of required paperwork and the sequence of required actions.

(b) The admission process shall address the following:

1. Review of required paperwork from law enforcement and screening staff prior to initiating the admission process.

a. Youth presented at the detention center for admission shall have been medically screened prior to their arrival at detention. No youth presented to be securely detained shall be accepted for detention if they are in need of emergency medical care, require mental health crisis intervention or are under the influence of any intoxicant.

b. If a youth in crisis is mistakenly accepted for admission into secure detention, the on-duty supervisor shall make the necessary arrangements for the youth to see the facility’s medical or mental health staff or shall ensure the youth is transported to a hospital emergency room.

2. Inactive files shall be reviewed, if available, to obtain useful information.

3. The youth shall be electronically searched, frisk searched, and strip searched by an officer of the same sex as the youth.

4. The youth shall be allowed to place a telephone call at the facility’s expense and the call shall be documented on all applicable forms. The youth shall not be allowed to telephone the victim(s) unless it is a relative who is a victim of domestic violence and the admission officer verifies that the victim is willing to talk with the youth.

5. If the admission process is completed two hours or more before the serving of the next scheduled meal, the youth shall be offered something to eat.

6. Completion of the Juvenile Justice Information System (JJIS) Admission Wizard. The Admission Wizard is a computer-based form containing all elements required for an admission. The Admission Wizard (DJJ/DCF Form 1, 2-05) is incorporated, and is available from the Assistant Secretary for Detention at 2737 Centerview Drive, Suite 309, Tallahassee, Florida 32399-3100.

7. The youth shall be screened to identify medical, mental health, and substance abuse needs. Any indication requiring services shall be documented, and appropriate referrals and services provided. The detention facility shall use an alert system within JJIS to identify youth with special needs. Current prescription medications shall be documented in the JJIS alert system. Staff shall give special attention to observing youth in the alert system to ensure their special needs are met.

8. Completion of the Screening for Vulnerability to Victimization and Sexually Aggressive behavior (VSAB 12-26-06) instrument prior to a youth’s room assignment. This instrument is incorporated, and is available from the Assistant Secretary for Detention at 2737 Centerview Drive, Suite 309, Tallahassee, Florida 32399-3100.

a. The administration of the VSAB instrument is designed to obtain information to ensure a youth’s potential for victimization or predatory risk is identified consistent with the goals of the Federal Prision Rape Elimnination Act (PREA) of 2003.

b. The VSAB instrument shall be administered to youth in a private and confidential manner.

c. The completion of the VSAB instrument shall include the obtaining of collateral information from the youth’s file and the youth’s legal guardian.

d. The results of the youth’s screening in the VSAB instrument shall be used in making room assignments to ensure vulnerable youth are not assigned a roommate believed to pose a risk.

9. Medical screening of youth at the time of admission requires the completion of the Medical and Mental Health Screening form within the JJIS Admission Wizard.

10. A photograph of the youth shall be taken and maintained in the youth’s file.

(2) Property:

(a) The detention superintendent shall ensure a drop safe for the initial storage of youths’ valuables shall be under video surveillance.

(b) The detention superintendent shall ensure that all locations for the storoage of youth property are secure.

(c) The detention superintendent shall ensure that staff will not receive or have personal use of any youth property or money, unclaimed or otherwise.

(d) The detention superintendent or designee shall notifity the Office of the Inspector General’s Central Communications Center and file a serious reporting incident when a youth’s personal property is alleged to have been stolen from the facility by a DJJ/contracted staff member, intern or volunteer.

(e) In the presence of each detained youth, the booking officer shall inventory all personal property in the youth’s possession and record each item surrendered into the Juvenile Justice Information System using the Property Receipt Report (11-20-06). This form is incorporated, and is available from the Assistant Secretary for Detention at 2737 Centerview Drive, Suite 309, Tallahassee, Florida 32399-3100.

(f) All money and personal items of value shall be verified and secured in a clear tamper-proof property bag. The description of these items on the Property Receipt ~~Reciept~~ Report shall include that the item described is “in the safe.”

(g) Information on the clear tamper-proof property bag shall include, at a minimum, the date, the youth’s name, the youth’s DJJID #, a listing of the items in the bag, they youth’s signature, and the signature of the person who placed the items in the property bag and sealed it.

(h) In the event a youth refuses to sign the Property Receipt Report, the booking officer shall notify a supervisor and that supervisor shall document the youth’s refusal on the form.

(i) After the youth has signed the Property Receipt Report and the clear tamper-proof property bag, the bag shall be placed in the drop safe. This action shall be recorded in the drop safe bound logbook to include the date, time, youth’s name, youth’s DJJID #, printed name of the officer who secured the property and the officer’s initials.

(j) The booking officer shall have the youth sign a Letter of Acknowledgement in which the youth acknowledges and understands that unclaimed personal property is deemed abandoned and subject to disposal. Unclaimed personal property is property in the possession of the facility for more than 30 days after the legal guardian has been notified to either retrieve, or make arrangements to retrieve, the property. This notifiecation is sent to the legal guardian if property is not taken by the youth at the time of their release or retrieved by the legal guardian within 7 calendar days of youth being committed to high or maximum risk.

(k) Other personal property, including the youth’s clothing, shall be placed in an assigned locker/bag as documented on the Property Receipt Form. This form is then placed in the youth’s active file.

(l) Upon the youth’s release from detention and retrieval of personal property, the releasing officer, the youth, and the youth’s legal guardian shall review and sign the Property Receipt Report and account for all of the youth’s personal property.

(m) A copy of the signed Property Receipt Report which acknowledges the return of youth’s personal property shall be placed in the youth’s file.

(n) A photograph of the youth shall be taken and maintained in the youth’s file.

(3) Orientation:

(a) The admission officer shall orient all youth by clearly communicating to the youth the rules of the center and expectations of behavior.

(b) Youth shall be advised, both verbally and in writing, of facility rules and regulations, grievance procedures, mental health and substance abuse services available, how they may access the Abuse Registry, expectations for behavior and related consequences, and youth rights, during an orientation process completed by an officer.

(4) Classification:

(a) Youth admitted to the detention center shall be classified to provide the highest level of safety and security.

(b) The detention superintendent shall ensure the classification process is implemented by juvenile detention officers.

(d) Officers shall ensure classification factors include, but are not limited to, a youth’s sex, age, physical characteristics, developmental disabilities, physical disabilities ~~handicaps~~, mental illness, criminal history, level of aggressiveness and/or a history of sexual offenses.

(e) Youth classified as suicide risks shall be placed on constant sight and sound supervision.

(5) through (6) No change.

(7) Documentation:

(a) All activities, incidents, and information relative to safety and security in the facility shall be documented.

(b) Written documentation includes a range of logbooks, reports, forms, and communications.

(c) All documents represent official records and are legal documents. Failure to document required information, falsification of information, or failure to properly retain written documents may result in disciplinary action up to and including dismissal as appropriate pursuant to subsection 60L-36.005(3), F.A.C.

(d) Reports related to facility operations fall into two categories: internal and external reports.

1. Internal reports refer to reports that are utilized regularly by officers and other facility staff in the day-to-day operation of the facility and are reviewed per facility operating procedures. Reports are retained per state retention guidelines. Internal reports include, but are not limited to, the following:

a. Shift reports

b. Incident reports

c. Confinement reports

d. Documentation of physical interventions to control behavior.

2. External reports refer to reports that are forwarded from the facility to sources required by the legislature, the department or other governmental agencies. External reports include, but are not limited to:

a. Reporting of incidents to the Central Communications Center. The Central Communications Center (CCC) is an office staffed 24 hours per day every day with employees whose responsibilities include receiving information from staff concerning incidents occurring in department facilities and programs that involve staff, youth, providers, visitors or parents/guardians. CCC staff disseminate and track information and document actions taken.

b. National School Lunch meal reports.

c. Reports to the Florida Abuse Hotline, pursuant to Chapter 39, F.S.

Specific Authority 985.601(9)(b) ~~985.404(10)(b)~~ FS. Law Implemented 985.601(9)(b)1. ~~985.404(10)(b)1.~~ FS. History– New__________.

63G-2.005 Security.

(1) through (5) No change.

(6) Supervision of Youth:

(a) The primary function of the juvenile detention officers is to provide supervision, control, and custody of youth.

(b) Officers shall know the exact number and location of all youth assigned to them at all times.

1. At the beginning and end of each shift;.

2. Prior to and following routine movement;.

3. Following any evacuation of the facility due to emergency or fire drill;. and

4. Randomly, at least once, on each shift.

(d) When youth are noncompliant or present a danger to self or others, staff shall intervene using approved PAR techniques and if necessary, the application of mechanical restraints.

(e) Officers are responsible for the care of youth at all times. At no time shall another youth be allowed to exercise control over or provide discipline or care of any type to another youth.

(f) Superintendents or designated supervisors shall tour the youth living areas more than once each shift.

(7) through (10) No change.

Specific Authority 985.601(9)(b) ~~985.404(10)(b)~~ FS. Law Implemented 985.601(9)(b)1. ~~985.404(10)(b)1.~~ FS. History–New 10-10-06, Amended__________.

63G-2.006 Treatment, Training and Education of Youth.

(1) through (8) No change.

(9) Telephone Usage:

(a) The superintendent or designee shall develop procedures governing telephone usage.

(b) The following subparagraphs outline the minimal procedural requirements.

1. Youth shall have access to use a telephone for 15 minutes a week.

2. This time may not be restricted as a consequence for non-compliant behavior; however, use of the phone may be postponed or rescheduled due to any safety or security concerns.

3. This time may be extended as outlined in the facility’s behavior management system.

4. All telephone calls and attempted calls shall be documented on the youth’s Telephone Log. These logs shall be placed in the youth’s file upon release from detention.

5. Youth may not contact victims (with the exception of the victims of domestic violence as outlined in Rule 63G-2.004, F.A.C.) or co-defendants.

6. Telephone conversations shall be terminated if they are disruptive, or otherwise impact safety or security.

7. Youth shall have reasonable access to a telephone to contact their legal counsel, child welfare officer, ~~and/or their~~ juvenile probation officer, or Abuse Registry. These telephone calls are not counted as part of the allocated 15 minutes of calls as referenced herein.

8. Youth who are unable to make contact with their parents or legal guardians because they will not accept collect calls, shall be allowed one free call to them per week. This call will be included in their 15 minute per week allotment.

(10) No change.

(11) Grievances:

(a) Youth may file a grievance should they feel their rights have been violated or they have been treated unfairly.

1. Officers shall attempt to resolve any dispute or issue that could lead to the filing of a grievance prior to the actual filing of a grievance. Officers utilizing effective communication skills may resolve many disputes and issues that a youth may have prior to the initiation of the grievance process.

2. Any grievance involving life safety will be called into the Central Communications Center and brought to the attention of the Superintendent for immediate resolution.

~~2. If youth have been afforded the same protections and rights as the general population, they may not file a grievance.~~

3. Any denial of a youth’s request to grieve shall be documented.

4. The superintendent or designee shall review the supervisor’s logbook to determine any patterns of abuse or misuse related to youths’ opportunities to grieve.

(b) Grievances do not replace the responsibility of reporting abuse. If the grievance is an allegation of abuse, it must be reported to the Florida Abuse Hotline, pursuant to Chapter 39, F.S., and the Central Communications Center, and shall be handled pursuant to such guidelines and no longer as a grievance.

1. The supervising officer(s) will issue both a Grievance Form and a pencil to any youth who wishes to file a grievance. An officer not involved in the grievance will assist any youth who is visibly angry or not in control in completing the grievance form and filing the grievance. The Grievance Form (6-06) is incorporated by reference, and is available from the Assistant Secretary for Detention, 2737 Centerview Drive, Ste. 309, Tallahassee, Florida 32399-3100.

2. Paper and pencil shall not be issued to any youth who is visibly angry or out of control.

3. The completed Grievance Form shall be forwarded within two hours to the on-duty supervisor.

4. The on-duty supervisor shall document his/her findings on the Grievance Form and will advise the youth of what actions, if any, may be taken.

5. Any action that may involve disciplinary proceedings against an officer shall not be reported to the youth.

6. If possible, the youth should be informed of the on-duty supervisor’s findings by the end of the shift. Should there be circumstances that would not allow that, the youth will be informed within 24 hours. Youth will be advised of their right to obtain a copy of the grievance either through a parent/legal guardian or upon release from detention.

7. The youth may agree or disagree with the supervisor’s findings/actions, and will sign in the designated area on the form so indicating.

8. The supervisor shall forward the Grievance Form to the superintendent or designee upon completion.

9. The superintendent or designee shall review all completed Grievance Forms within 72 hours of receipt excluding weekends and holidays, and shall take whatever corrective actions deemed necessary. The superintendent’s decision is final.

10. A separate file shall be maintained of all grievances. Grievances shall be maintained chronologically by month for one year.

Specific Authority 985.601(9)(b) ~~985.404(10)(b)~~ FS. Law Implemented 985.601(9)(b)2. ~~985.404(10)(b)2.~~ FS. History–New 10-10-06, Amended__________.

63G-2.011 Medical Treatment, Health and Comfort.

(1) through (3) No change.

Specific Authority 985.601(9)(b) ~~985.404(10)(b)~~ FS. Law Implemented 985.601(9)(b)7. ~~985.404(10)(b)7.~~ FS. History–New 10-10-06, Amended__________.