63E-7.001: Purpose and Scope
63E-7.002: Definitions
63E-7.003: Youth Admission
63E-7.004: Youth Intake
63E-7.005: Youth Orientation
PURPOSE AND EFFECT: The rule establishes the requirements for the administration and operation of state operated and contracted residential commitment programs for juvenile offenders, with the exception of serious habitual offender programs, sex offender programs, intensive residential treatment programs, sheriff's training and respect programs, and expedition programs, all of which are specifically addressed elsewhere.
SUMMARY: The rule sections address the process by which youths are assessed and admitted to a residential commitment facility.
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: 985.64, 985.601, 20.316 FS.
LAW IMPLEMENTED: 985.601, 985.03(44), 985.441 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Thursday, July 5, 2007, 10:00 a.m.
PLACE: DJJ Headquarters, 2737 Centerview Dr., Ste. 312, General Counsel’s Conference Room, 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: lydia.monroe@djj.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
63E-7.001 Purpose and Scope.
This rule establishes the requirements for the department’s administration and operation of residential commitment programs for juvenile offenders, with the exception of serious habitual offender programs, intensive residential treatment programs, sex offender programs, sheriff’s training and respect programs, and expedition programs specifically addressed in Chapters 63E-3, 63E-4, 63E-5, 63E-6, and 63E-8, F.A.C., respectively.
Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441(1)(b) FS. History– New________.
63E-7.002 Definitions.
For the purpose of this chapter of this rule, the following words shall have the meanings indicated.
(1) Admission – The admitting of a youth, committed by the court, into a specific residential commitment facility.
(2) Alert System – A method of alerting staff that a youth has physical health, mental health, or security issues that may require individual attention or closer supervision. An alert system is a tool for staff to use in making treatment, security and safety decisions as they relate to youth behavior, but does not provide detailed information about the conditions that resulted in the youth being identified for inclusion in the alert system.
(3) Apology letter – A youth’s letter to the victim of his or her crime, or the next of kin in cases of homicide, or the parent or legal guardian in cases involving minor victims, in which the youth acknowledges personal accountability for the harm he or she caused the victim, as well as sincerely expresses remorse.
(4) Assessment – An evaluation of the youth to determine treatment needs. A residential commitment program’s assessment process is a gender-specific, comprehensive assessment of a youth that is based on the systematic review of all existing information and updated information secured through interviews and assessment tools. The assessment process identifies risk factors and protective factors, including the youth’s strengths, and culminates in prioritization of the youth’s criminogenic needs.
(5) Authority for Evaluation and Treatment (AET) or Authority for Evaluation and Treatment For Youth Over 18 Years of Age – The document that, when signed by a parent or guardian if the youth is 18 years or younger or signed by the youth if he or she is over 18 years of age, gives the department the authority to assume responsibility for the provision of necessary and appropriate physical and mental health care to a youth in the department’s physical custody. The Authority for Evaluation and Treatment (HS 002, May 2007) and the Authority for Evaluation and Treatment For Youth Over 18 Years of Age (HS 003, May 2007) are incorporated into this rule and are accessible electronically at http://www.djj.state.fl.us/forms/health_services_forms_index.html.
(6) Balanced Approach to Restorative Justice (BARJ) – A blueprint for putting the restorative justice philosophy into practice that involves active participation of victims, the community, and youthful offenders. The BARJ approach focuses on accountability to victims and the community, competency development, and community safety.
(a) Accountability – Refers to a youth taking personal responsibility for his or her actions and harm caused to others, making amends or restoring loss to those harmed, and changing behavior to reduce future harm and victimization.
(b) Competency Development – Refers to opportunities for youth to obtain and practice social, vocational, employability, academic, and other life skills so he or she is more capable of living responsibly and productively in the community upon release from a residential commitment program.
(c) Community Safety – Refers to a physically and emotionally safe environment or condition that exists when a community manages behavior so that its members live in peace and mutual respect, with minimal threat of victimization and harm. A residential commitment program promotes community safety by:
1. Implementing strategies that focus on the short-term external control of youth to reduce immediate or imminent risk of harm; and
2. Developing youths’ capacity to manage their behavior to deter future victimization.
(7) Case Management Process – Refers to the process a residential commitment program uses to assess a youth, develop goals to address the youth’s criminogenic risks and needs, review and report the youth’s progress, and plan for the youth’s transition to the community upon release. This process is implemented within the context of BARJ that focuses on accountability, competency development and community safety.
(8)
(9) Classification and Placement Administration – The Department’s unit responsible for providing statewide direction and oversight responsibilities to regional placement supervisors and their commitment staff.
(10) Commitment Manager – A department employee responsible for coordinating the placement of youth in residential commitment programs with the department’s Classification and Placement Administration and the programs.
(11) Commitment/Transfer Packet – A compilation of legal, medical, mental health, substance abuse, and social history documents provided to a residential commitment program for each youth admitted to the program.
(12) Commitment/Transfer Packet Checklist – A checklist to ensure that documents needed for an admission, including a transfer, to a residential commitment program are included in the Commitment/Transfer Packet. The Commitment/Transfer Packet Checklist (JJ/IS Form 20, September 2006) is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(13) Community Service – A structured public service activity wherein youth contribute to the community and make amends, while developing community awareness and skill competencies.
(14) Comprehensive Physical Assessment – A comprehensive physical assessment (exam) performed by a physician (MD), osteopathic physician (DO), physician’s assistant (PA), or advanced registered nurse practitioner (ARNP). The purpose of this assessment is the establishment of a data point which is used to facilitate the following:
(a) Identification and treatment of acute, chronic, and functional medical and dental problems;
(b) Promotion of growth and development;
(c) Prevention of communicable diseases; and
(d) Provision of health education.
(15) Conflict Resolution – A dialogue process wherein all parties involved in a conflict feel safe and have a chance to be heard while working out differences and reaching a reasonable and fair agreement.
(16) Continuity of Operations Plan (COOP) – For purposes of this rule, a plan that provides for the continuity of mission-essential functions of a residential commitment program in the event an emergency prevents occupancy of its primary physical plant or facility.
(17) Contracted Provider – An entity contractually providing juvenile services to the department.
(18) Controlled Observation – An immediate, short-term strategy, not intended as punishment or discipline, wherein a youth in a residential commitment program is placed in a safe and secure room in response to a sudden or unforeseen onset of behavior that substantially threatens the physical safety of others, creating a volatile situation that requires staff to quickly regain control to avert serious injuries, security breaches, or major property destruction.
(a) The Controlled Observation Report (RS 001, September 2006), that documents the approval, use and administrative review of each use of controlled observation, is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(b) The Controlled Observation Safety Checks form (RS 002, September 2006), that documents monitoring of youth and their behavior while placed in controlled observation, is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(19) Criminogenic – Refers to the factors or characteristics found in empirical research studies to be predictors of delinquency and recidivism.
(20) Designated Health Authority – The individual who is responsible for the provision of necessary and appropriate health care to youth in a residential commitment program. Individual Designated Health Authorities must be a physician (MD) or osteopathic physician (DO) who holds a clear and active license pursuant to Chapter 458 or Chapter 459, F.S., respectively, and meets all requirements to practice independently in the State of
(21) Designated Mental Health Authority – A licensed mental health professional who is a psychiatrist licensed pursuant to Chapter 458 or 459, F.S., psychologist licensed pursuant to Chapter 490, F.S., mental health counselor, clinical social worker, or marriage and family therapist licensed pursuant to Chapter 491, F.S., or psychiatric nurse as defined in Section 394.455(23), F.S., who, through employment or contract, is designated as accountable to the facility superintendent for ensuring appropriate coordination and implementation of mental health and substance abuse services in a departmental facility or program.
(22) Direct-Care Staff – An employee whose primary job responsibility is to provide care, custody, and control of youth committed to a residential commitment program. This definition includes those who directly supervise staff responsible for the daily care, custody, and control of youth.
(23) Disaster Plan – A plan that addresses a residential commitment program’s response to potential disaster or emergency situations.
(24) Discharge – The release of a youth from a residential commitment program who is no longer under the jurisdiction of the court.
(25) DJJ ID Number – A number generated by the Juvenile Justice Information System (JJIS) that is used to identify each youth entered into JJIS.
(26) Evidence-based Treatment and Practices – Treatment and practices, which have been independently evaluated and found to reduce the likelihood of recidivism or at least two criminogenic needs, with a juvenile offending population. The evaluation must have used sound methodology, including, but not limited to, random assignment, use of control groups, valid and reliable measures, low attrition, and appropriate analysis. Such studies shall provide evidence of statistically significant positive effects of adequate size and duration. In addition, there must be evidence that replication by different implementation teams at different sites is possible with similar positive outcomes.
(27) Exit Conference – A conference that a residential commitment program conducts at least 14 days prior to a youth’s targeted release date, wherein the youth, residential program staff, the youth’s Juvenile Probation Officer and/or post-residential services counselor, the youth’s parent or guardian, and other pertinent parties, review the status of the youth’s transitional activities and finalize plans for the youth’s release and re-entry into the community.
(28) Expedition Program – A wilderness based residential program for committed youth wherein the primary program component is a mobile environmental experience such as a canoe or hiking expedition.
(29) Face Sheet – Youth specific demographic information that is generated by the department’s Juvenile Justice Information System (JJIS).
(30) Facility Entry Physical Health Screening – A standardized initial health screening, conducted at the time of a youth’s admission or re-admission to each residential commitment program. The purpose of this screening is to ensure that the youth has no immediate health conditions or medical needs that require emergency services. The Facility Entry Physical Health Screening form (HS 010, May 2007), used to conduct and document the screening, is incorporated into this rule and is available electronically at http://www.djj.state.fl.us/forms/health_services_forms_index.html.
(31) Facility Entry Screening – The gathering of preliminary information used in determining a youth's need for emergency services, further evaluation, assessment, or referral.
(32) Grievance Procedure – A procedure for addressing youth grievances in residential commitment programs.
(33) High-risk Restrictiveness Level – One of five statutorily authorized restrictiveness levels, defined in Section 985.03(44), F.S., to which courts commit youth to the department.
(34) Home Visit – A court-approved, temporary release of a youth from a residential commitment program wherein the youth is under the care, supervision and control of a parent or guardian for a period not to exceed three days before returning to the program.
(a) The Home Visit Plan/Notification form (RS 003, September 2006), that notifies the committing court, the parent or guardian, the Juvenile Probation Officer, and other pertinent parties of a planned home visit and goals for the youth to accomplish during the visit, is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(b) The Home Visit Plan Approval form (RS 004, September 2006), that the program sends to the committing court with the Home Visit Plan/Notification form to secure the court’s approval for the home visit, is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(35) Individual Healthcare Record – The unified cumulative collection of records, histories, assessments, treatments, diagnostic tests and other documents which relate to a youth’s medical, mental/behavioral, and dental health, and which have been obtained to facilitate care while the youth is in the custody of a detention center or residential commitment program or which document care provided while the youth is in the custody of these facilities.
(36) Individual Management Record – The organized collection of records and documents that relate to a youth’s care, custody and treatment in a residential commitment program, with the exception of records relating to the youth’s medical, mental/behavioral, and dental health that comprise the youth’s individual healthcare record as defined in this rule.
(37) Institutional Review Board (IRB) Process – The department’s IRB reviews research proposals that seek access to departmental records or youth in the department’s care, custody, or under the department’s supervision. The board reviews all aspects of a research proposal and evaluates potential risks and benefits to participating juveniles and the department, as well as the researcher’s plan to diminish risks. The IRB makes recommendations to the department’s administration who decides whether or not the proposal is approved.
(38) Involuntary Civil Commitment of Sexually Violent Predators: Refers to Sections 394.910-394.932, F.S., that sets forth the process that determines if individuals whose offense(s) has been of a sexual nature meet the statutory criteria for civil commitment to the Department of Children and Family Services.
(39) Jimmy Ryce Act For Violent Sexual Offenders/Residential Program Notification Checklist – A checklist that a residential commitment program sends, along with supporting documents, to the youth’s Juvenile Probation Officer to be reviewed by the Department of Children and Families to determine eligibility for civil commitment as a sexually violent predator pursuant to Chapter 394, F.S. The Jimmy Ryce Act For Violent Sexual Offenders/Residential Program Notification Checklist form (DJJ/BCS Form 23, February 2005) is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(40) Juvenile Justice Information System (JJIS) – The department’s electronic information system used to gather and store information on youth having contact with the department.
(41) 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.
(42) Length of Stay – Refers to the length of time a youth resides in a residential commitment program or to the designed length of stay for a particular residential commitment program, reflecting the anticipated time it will take most youth placed in the program to successfully complete it.
(43) Licensed Mental Health Professional – A psychiatrist licensed pursuant to Chapter 458 or Chapter 459, F.S., who is board certified in Child and Adolescent Psychiatry or Psychiatry by the American Board of Psychiatry and Neurology or who has completed a training program in Psychiatry approved by the American Board of Psychiatry and Neurology for entrance into its certifying examination, a psychologist licensed pursuant to Chapter 490, F.S., a mental health counselor, marriage and family therapist, or clinical social worker licensed pursuant to Chapter 491, F.S., or a psychiatric nurse as defined in Section 394.455, F.S.
(44) Low-risk Restrictiveness Level – One of five statutorily authorized restrictiveness levels, defined in Section 985.03(44), F.S., to which courts commit youth to the department.
(45)
(46) Maximum-risk Restrictiveness Level – One of five statutorily authorized restrictiveness levels, defined in Section 985.03(44), F.S., to which courts commit youth to the department.
(47) Moderate-risk Restrictiveness Level – One of five statutorily authorized restrictiveness levels, defined in Section 985.03(44), F.S., to which courts commit youth to the department.
(48) Nationally Validated Criminogenic Assessment Tool – An assessment tool that has been demonstrated in national, empirical peer-reviewed research literature to have strong predictive and context validity relative to delinquency and recidivism and that has been validated and normed on the population to whom the instrument is administered.
(49) Notification of Escape – A form used by a residential commitment program to notify law enforcement and the department when a youth escapes or absconds and is away from the facility premises without permission. It provides youth-specific information that might be helpful in locating the youth. The Notification of Escape form (RS 005, September 2006) is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(50) Notification of Transfer Staffing – A form letter that a residential commitment program uses to notify a youth’s parent or guardian that a transfer staffing or conference has been scheduled to address the youth’s potential transfer to another program. The Notification of Transfer Staffing form (RS 006, September 2006) is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(51) Official Youth Case Record – A case record, comprised of the individual management record and the individual healthcare record, that a residential commitment program maintains on each youth.
(52) Off-campus Activity – Any activity that involves youth leaving the residential commitment program’s premises.
(53) Orientation – The process that begins within 24 hours of the youth’s admission whereby facility staff inform the youth of the rules, expectations, services, and goals of the residential program.
(54) Performance Plan – A youth’s individualized plan that addresses his or her criminogenic risks and needs through measurable goals that the youth is expected to achieve prior to release from a residential commitment program.
(55) Performance Summary – A written document used to inform the youth, committing court, the youth’s JPO, 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. The Performance Summary form (RS 007, September 2006) is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(56) Physically Secure – The use of hardware security devices, such as security fences and locks, to ensure that all facility entrances and exits of a residential commitment program are under the exclusive control of program staff, preventing youth from leaving the program without permission.
(57) Positive Achievement Change Tool (PACT) –A JJIS web-based assessment tool that is scored automatically to determine the risk to reoffend. The PACT, incorporated into Chapter 63D-5, F.A.C., uses a series of risk factors such as substance abuse, mental illness or family history that have proven to be related to future offending. As progress is made in the problem areas specific to each child, the PACT is used to calculate and document how the risk level has increased or decreased over time.
(58) Post-residential Services Counselor – The person supervising the youth’s post-commitment probation or conditional release after the youth’s release or discharge from a residential commitment program.
(59) Predisposition Report (PDR) – Pursuant to Rule 63D-1.002, F.A.C., a multidisciplinary assessment reporting the youth’s needs, recommendations as to a classification of risk for the youth in the context of his or her program and supervision needs, and a plan for treatment that recommends the most appropriate placement setting to meet the youth’s needs with the minimum program security that reasonably ensures public safety.
(60) Pre-Release Notification and Acknowledgement – A three-part form initiated by a residential commitment program to give prior notification to the JPO of a youth’s planned release, then allows for the JPO to add additional information pertinent to the release, and finally allows for the court’s approval of the release. The Pre-Release Notification and Acknowledgement form (RS 008, September 2006) is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(61) Program Director – The on-site administrator of a residential commitment program, whether state or privately operated, who is accountable for the on-site operation of the program.
(62) Protective Action Response (PAR) – As defined in Rule 63H-1.002, F.A.C.
(63) Protective Action Response (PAR) Certification – As defined in Rule 63H-1.002, F.A.C.
(64) Release – Refers to when a youth re-enters his or her home community after successfully completing and exiting a residential commitment program.
(65) Request for Notification When Youth Is Ready for Release – This form is completed by a residential commitment program and provided to law enforcement when a youth is removed from the program for incarceration in a county jail. The Request for Notification When Youth is Ready for Release form (RS 009, September 2006) is incorporated into this rule and is available electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(66) Request for Transfer – A form initiated by a residential commitment program to request and justify a transfer of a youth to another program and that allows for approval of the request by a transfer administrator designated by the department. The Request for Transfer form (RS 010, September 2006) is incorporated into this rule and is available electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(67) Residential Commitment Program – A low-risk, moderate-risk, high-risk, or maximum-risk residential delinquency program for committed youth. Although serious habitual offender programs, intensive residential treatment programs, sex offender programs, sheriff’s training and respect programs, and expedition programs are considered residential commitment programs, for purposes of this chapter of this rule, they are excluded.
(68) Residential Community – The community within a residential commitment program comprised of its youth, staff, and other service providers.
(69) Responsivity – Refers to a youth’s amenability to treatment and the capacity to respond to programming due to his or her characteristics, such as gender, mental health status, physical health status, cognitive performance, age, and prior victimization.
(70) Restitution – The court-ordered requirement that an adjudicated youth financially compensate his or her crime victim in cash or through performance of a beneficial service.
(71) Restrictiveness Level – As defined in Section 985.03, F.S.
(72) Sexually Violent Predator (SVP) – As defined in Section 394.912, F.S. For purposes of this chapter of this rule, SVP eligible refers to a youth being subject to the requirements of Sections 394.910-394.932, F.S.
(73) Staff Secure – The provision of 24-hour awake supervision in a residential commitment program, with staffing levels sufficient to preclude the need for physical security features, such as security fences and locks.
(74) Temporary Release – As defined in Section 985.03, F.S.
(75) Transfer – For purposes of this rule, the movement of a youth from one residential commitment program to another, at the same, lower or higher restrictiveness level.
(76) Transition Conference – A conference, conducted at least 60 days prior to a youth’s anticipated release from a residential commitment program, wherein the youth, residential program staff, the youth’s JPO and/or post-residential services counselor, and the youth’s parent or guardian establish transition activities, with accompanying responsibilities and timelines, to facilitate the youth’s successful release and reintegration into the community.
(77) Transition Planning – The process of establishing transition activities to facilitate a youth’s successful release from a residential commitment program and reintegration into the community.
(78) Treatment Team – A multidisciplinary team, comprised of representatives from the program’s administrative, educational, vocational, residential, medical, mental health, substance abuse, and counseling components, which assesses each youth to identify needs and risk factors, develops rehabilitative treatment goals, ensures service delivery, and assesses and reports the youth’s progress. The youth is a member of the treatment team.
(79) Victim – A person who suffers physical, financial or emotional harm as a result of a crime and who is identified on a law enforcement victim notification card, a police report, or other official court record as a victim.
(80) Victim Notification of Release – A letter that a residential commitment program sends to the victim, or the next of kin in cases of homicide, or the parent or legal guardian in cases involving minor victims, prior to any discharge or release, including a temporary release, of a youth whose committing offense meets the criteria for victim notification pursuant to Chapter 960, F.S. The Victim Notification of Release form (RS 011, September 2006) is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(81) Victim Speaker – A victim of a crime who speaks to others about a personal experience as a crime victim and its impact on his or her life.
Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441(1)(b) FS. History– New__________.
63E-7.003 Youth Admission.
(1) Based on coordination of admissions initiated by the regional commitment manager or commitment manager supervisor, a residential commitment program shall accept new admissions Monday through Friday between 8 A.M. and 5 P.M. unless otherwise specified in its contract with the department.
(2) A residential commitment program shall inspect the commitment or transfer packet prior to a youth’s admission and, if any core documents are not included in the packet, shall contact the JPO or JPO supervisor to request the missing documents be faxed or electronically transmitted to the program. The core documents are as follows:
(a) DJJ face sheet;
(b) Current commitment order;
(c) Predisposition report;
(d) Commitment conference summary; and
(e) Individual healthcare record, if it exists from a prior commitment or placement in detention. The following documents shall be included in the individual healthcare record, or in the commitment or transfer packet if the individual healthcare record has not been created:
1. The current original Authority for Evaluation and Treatment or a current legible copy;
2. Comprehensive physical assessment;
3. Immunization records; and
4. Tuberculosis skin test (Mantoux) results, unless contraindicated.
(3) If the JPO or JPO supervisor does not provide any missing core documents upon request, a residential commitment program may elect to not admit a youth, thereby rejecting the youth. However, within two hours of a decision to reject a youth, the program shall notify the Regional Director for Residential and Correctional Facilities and the Regional Director for Probation and Community Corrections of this action.
(4) A residential commitment program shall communicate internally on admissions as follows:
(a) Program staff responsible for admission are notified when a new admission is scheduled to arrive and the youth’s name, date and time of anticipated arrival, mode of transportation, medical and mental health needs, and any safety or security risks are documented in the logbook.
(b) Regardless of the youth’s condition upon admission, the designated health authority, or his or her designee who is licensed to practice in Florida as a physician (MD) or osteopathic physician (DO), Advanced Registered Nurse Practitioner (ARNP) or Physician’s Assistant (PA), is notified of an admission with any of the following medical conditions documented in the commitment packet: asthma; allergies with anaphylaxis; adrenal insufficiency; cancer or history of cancer; cardiac arrhythmias, disorders or murmurs; congenital heart disease; cystic fibrosis; developmental disability; diabetes; history of EpiPen use; eating disorders; head injuries that occurred within the two weeks prior to admission; hearing, speech or visual deficits; hemophilia; hepatitis; human immunodeficiency virus (HIV) or AIDS, hypo or hyperthyroidism, hypertension; kidney failure (with or without dialysis); neuromuscular conditions; pregnancy or having given birth within the two weeks prior to admission; seizure disorders; sickle cell anemia; spina bifida; systemic lupus erythematosis; and active tuberculosis.
(c) Information included in the commitment or transfer packet is distributed to program staff as their job functions dictate.
(5) Within 24 hours of admission, a residential commitment program shall refer to the department’s circuit legal counsel any commitment order appearing to be in conflict with Chapter 985, F.S., or otherwise questionable. The program shall maintain documentation of the referral.
(6) When a youth is admitted to a residential commitment program, the program shall make notifications as follows:
(a) Within 24 hours of any admission or on the first regular workday of the following week when the youth is admitted on a holiday, a weekend or a Friday afternoon, the program shall update the JJIS Bed Management System or, if a program does not have access to JJIS, shall notify the regional commitment manager.
(b) The program shall notify the youth’s parents or guardians by telephone within 24 hours of the youth’s admission, and the program shall send written notification within 48 hours of admission.
(c) The program shall notify the committing court in writing within five working days of any admission.
(d) Copies of the letter sent to the committing court will suffice as official notification to the youth's JPO and, if known at the time of admission, the youth’s post-residential services counselor.
(7) Although it is the intent that deoxyribonucleic acid (DNA) samples be collected prior to a youth’s admission to a residential commitment program, if a youth who meets the DNA testing criteria per Chapter 943, F.S., is admitted to the facility without DNA testing, the program shall contact Florida Department of Law Enforcement (FDLE) to verify whether or not a DNA sample is on file for the youth. If not, the program shall collect DNA samples, using the test kit and accompanying instructions provided by FDLE, submit them to FDLE no later than 45 days prior to a youth’s release, and document these actions in the youth’s individual management record.
(8) If the residential commitment program suspects that a youth admitted without documentation of being screened as a sexually violent predator qualifies under Chapter 394, F.S., the program shall notify the youth’s JPO within three days of the youth’s admission. If the JPO does not respond within five working days, the program shall notify the JPO’s supervisor. If not resolved within 10 days of the program’s original request, the program shall notify the department’s residential monitor assigned to the program.
Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441(1)(b) FS. History– New________.
63E-7.004 Youth Intake.
(1)Youth intake will commence upon arrival of a youth to a residential commitment program. The following activities shall occur during intake:
(a) Strip search.
1. The program shall conduct the strip search in a private room with two staff members present, both of the same sex as the youth being searched. As an alternative when two staff of the same sex are not available, the search may be conducted by one staff of the same sex, while a staff of the opposite sex is positioned to observe the staff person conducting the search, but cannot view the youth.
2. Staff conducting the strip search shall visually inspect the youth, without touching the unclothed youth.
(b) Documentation of visible body markings, i.e. scars, bruises, tattoos, or other physical injuries.
(2) A residential commitment program shall complete the following entry screenings immediately upon a youth’s admission. These screenings are used to identify any emergency medical, mental health, or substance abuse conditions of a nature that render admission unsafe or warrant immediate attention. These screenings are also used to identify any need for further evaluation.
(a) Using the Facility Entry Physical Health Screening form, a health care or non-health care staff shall conduct the health entry screening. However, if the entry screening is conducted by someone other than a licensed nurse as defined in Section 464.003, F.S., a licensed nurse shall review the entry screening within 24 hours of the youth’s admission.
(b) To screen for mental health and substance abuse, the program shall ensure administration of either the
(3) Unless a youth is being admitted into a residential commitment program directly from secure detention, a correctional facility, or another program, a shower, including shampooing hair, is required.
(a) The program may routinely use an ectoparasiticide or an ovicide for all new admissions if the program’s designated health authority deems it appropriate, if it is used in accordance with current standards of clinical practice, and if it is not contraindicated. In the absence of such a routine protocol approved by the designated health authority, an ectoparasiticide and an ovicide shall not be routinely used, and shall be used only if an infestation with lice or scabies is present and use is ordered by the designated health authority, is in accordance with current guidelines, and is not contraindicated.
(b) Two staff of the same gender as the youth shall supervise the newly admitted youth during this shower.
(4) The program shall issue clothing to each youth that is appropriate for size and climate and consistent with the program’s dress code.
(5) A residential commitment program shall inventory each youth's personal property upon admission and document the inventory by listing every item. Program staff shall immediately secure in a locked area all money, jewelry and other items of value. After all personal possessions have been inventoried and documented, the staff conducting the inventory, the youth, and a witness shall sign and date the documentation to attest to its accuracy. The program shall:
(a) Maintain a copy of documentation of the personal property inventory.
(b) Ask the youth if he or she wants a copy of the personal property inventory documentation and, if so, provide it.
(c) Provide a copy of the inventory documentation to the youth’s parents or guardians, if requested.
(d) Send inventoried property to the youth’s home or store such property until the youth’s release from the program.
(6) The program shall confiscate all contraband, such as weapons and narcotics, excluding narcotics that are verified as having been prescribed for a medical condition, for disposal or storage, and shall submit all illegal contraband to the law enforcement agency having local jurisdiction.
(7) Only medications from a licensed pharmacy, with a current patient-specific label intact on the original medication container, may be accepted into a residential commitment program.
(a) If there is doubt about the authenticity of a prescription medication brought with the youth to the facility, the program shall verify the medication by calling the pharmacy that dispensed the medication and calling the outside provider who prescribed the medication.
(b) Prior to medication administration, the program shall ensure that:
1. The youth reports that he or she is taking an oral prescribed medication;
2. Either the youth or the parent or guardian of the youth has brought the valid, patient-specific medication container to the facility;
3. The medication is properly labeled with the name of the youth; name and address of the pharmacy; date of dispensing; name of prescribing health care professional; directions for use; expiration date; and any warning statements;
4. There are no doubts about the substance in the medication container; and
5. The licensed nurse has called to obtain an order from the program’s designated health authority or physician designee, physician assistant, or advanced registered nurse practitioner to resume the specified medications, and has documented the order in the youth’s individual health care record. The program’s designated health authority shall develop a medication verification and administration protocol that the program shall follow when a licensed nurse is not on duty.
(c) Prescription verification shall be documented in the youth’s individual health care record.
(8) Based on a review of all documentation and interactions with a newly admitted youth, a residential commitment program shall classify the youth for purposes of assigning to a room or living area. Factors to consider when classifying the youth shall include, but are not limited to, gender, age and maturity, size, physical or mental health problems, history of violence or sexual aggression, security risks, gang affiliations and skill levels.
(9) When mental health, substance abuse, physical health, security risk factors, or special needs related to a newly admitted youth are identified during or subsequent to the classification process, a residential commitment program shall immediately enter this information into its internal alert system and the JJIS alert system.
(10) A residential commitment program shall establish and maintain critical identifying information and a current photograph that are easily accessible to verify a youth’s identity as needed during his or her stay in the program.
(a) The program shall maintain the photograph in the youth’s individual management record and the individual healthcare record. In the event of an escape, the program shall provide a photograph to law enforcement or other criminal justice agencies to assist in apprehending the youth.
(b) The program shall maintain the following critical identifying information for each youth in an administrative hard-copy file that is easily accessible and mobile in the event of an emergency situation that results in the program relocating quickly or in the event needed information cannot be accessed electronically.
1. Youth’s full name and DJJ ID number;
2. Admission date;
3. Date of birth, gender, and race;
4. Name, address, and phone number of parent(s) or legal guardian;
5. Name, address, and phone number of the person with whom the youth resides and his or her relationship to the youth;
6. Person(s) to notify in case of an emergency (and contact information);
7. JPO’s name, circuit/unit, and contact information;
8. Names of committing judge, state attorney, and public defender (or attorney of record) with contact information on each;
9. Committing offense and judicial circuit where offense occurred;
10. Notation of whether or not the judge retains jurisdiction;
11. Victim notification contact information, if notification is required;
12. Physical description of youth to include height, weight, eyes and hair color, and any identifying marks;
13. Overall health status, including chronic illnesses, current medications and allergies; and
14. Personal physician (if known).
(11) A state-operated residential commitment program or a contracted residential commitment program that is classified as not-for-profit shall initiate each newly admitted youth’s eligibility for participation in the
Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441(1)(b) FS. History– New__________.
63E-7.005 Youth Orientation.
(1) A residential commitment program shall begin orientation for each youth admitted to the program within 24 hours of admission.
(2) A residential commitment program shall provide orientation to each youth by explaining and discussing the following:
(a) The program’s expectations, rules and behavior management system to include:
1. Services available;
2. Daily schedule that is also conspicuously posted to allow easy access for youth;
3. Expectations and responsibilities of youth;
4. Written behavioral management system that is also conspicuously posted or provided in a resident handbook to allow easy access for youth, including rules governing conduct and positive and negative consequences for behavior;
(b) Availability of and access to medical and mental health services;
(c) Access to the Department of Children and Families’ central abuse hotline addressed in Chapter 39, F.S., or if the youth is 18 years or older, the Central Communications Center that serves as the department’s incident reporting hotline;
(d) Items considered contraband, including illegal contraband, possession of which may result in the youth being prosecuted;
(e) Performance planning process that involves the development of goals for each youth to achieve;
(f) Dress code and hygiene practices;
(g) Procedures on visitation, mail, and use of the telephone;
(h) Anticipated length of stay in the program and expectations for release from the program, including the youth’s successful completion of individual performance plan goals, the program’s recommendation to the court for release based on the youth’s performance in the program, and the court’s decision to release;
(j) Community access;
(k) Grievance procedures;
(l) Emergency procedures, including procedures for fire drills and building evacuation;
(m) Physical design of the facility, including those areas that are and are not accessible to youth; and
(n) Assignment to a living unit and room, treatment team and, if applicable, a staff advisor or youth group.
Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441(1)(b) FS. History– New__________.