RULE NO: RULE TITLE
63E-3.001: Purpose and Scope
63E-3.002: Definitions
63E-3.003: Administration
63E-3.004: Sanitation
63E-3.005: Safety and Security
63E-3.006: Continuity of Operations
63E-3.007: Youth Admission
63E-3.008: Intake
63E-3.009: Orientation
63E-3.010: Case Management
63E-3.011: Behavior Management
63E-3.012: Youth Services
63E-3.013: Construction
63E-3.014: Program Monitoring and Evaluation
63E-3.015: Research Projects
PURPOSE AND EFFECT: The rule implements the standards and requirements described in Section 985.47, Florida Statutes, pertaining to serious or habitual juvenile offender programs.
SUMMARY: Standards and requirements are established for serious or habitual juvenile offender programs, including administration, operations, safety and security, intake and orientation, case management, behavior management, program monitoring and research.
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: 985.47 FS.
LAW IMPLEMENTED: 985.47 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(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Tuesday, September 11, 2007, 10:00 a.m.
PLACE: DJJ Headquarters, 2737 Centerview Drive, General Counsel’s Conference Room 312, 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-3.001 Purpose and Scope.

This rule establishes the standards and requirements for the department’s administration, operation and implementation of the Serious or Habitual Juvenile Offender (SHO) program for a child who has been found to have committed a delinquent act or violation of law, in the case currently before the court, and who meets at least one criteria for placement under Section 985.47(1), F.S.

Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New________.

63E-3.002 Definitions.

For the purpose 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) 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.

(4) Assessment – An evaluation of the youth to determine treatment needs. The 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) 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 victim and the community, competency development, and community safety.

(6) Behavior Management System – An organized system designed to promote positive behavior through the giving or taking of rewards or privileges based on youth behavior. Behavior management within the SHO program shall be based on specific techniques that have been found to be effective with male offenders 13 years of age or older, and take into account their level of cognitive ability, emotional maturity, and other personal characteristics.

(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 contest of BARJ that focuses on accountability, competency development and community safety.

(8) Classification and Placement Administration – The Department’s unit responsible for providing statewide direction and oversight responsibilities to regional placement supervisors and their commitment staff.

(9) 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.

(10) Commitment/Transfer Packet – A compilation of legal, medical, and social history documents provided to a residential commitment program for each committed youth.

(11) Community Service – Public service or work performed by youth that benefits the community while developing the youth’s community awareness, increasing their accountability, providing opportunities for youth to make reparations for harm caused to the community, and developing their skill competencies.

(12) 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: (1) identification and treatment of acute, chronic, and functional medical and dental problems; (2) promotion of growth and development; (3) prevention of communicable diseases; and (4) provision of health education.

(13) 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.

(14) Contracted Provider – An entity contractually providing juvenile services to the department.

(15) 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 meet all requirements to practice independently in the State of Florida.

(16) Designated Mental Health Authority – A specified licensed mental health professional who, by agreement, employment, contract or other arrangement, provides and/or supervises the provision of mental health care within a detention center or residential program.

(17) Direct-Care Staff – An employee whose primary job responsibility is to provide care, custody, and control of youth committed to the facility. This definition includes those who directly supervise staff responsible for the daily care, custody, and control of youth.

(18) DJJ ID Number – A number generated by the Juvenile Justice Information System (JJIS) that is used to identify each youth entered into JJIS.

(19) Evidence-based Treatment and Practices – Treatment and practices, which have been independently evaluate 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.

(20) Face Sheet – Youth specific demographic information that is generated by the Juvenile Justice Information System (JJIS).

(21) 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. This screening shall be conducted and documented using the Facility Entry Physical Health Screening form and the Facility Entry Physical Health Screening Body Chart (either the male body chart or female body chart depending on the gender of the youth being screened). The Physical Entry Health Screening form (HS 010, dated February 2007) and its accompanying Facility Entry Physical Health Screening Body Charts – Male / Female are incorporated into this rule and are available electronically at http://www.djj.state.fl.us/forms/health_services_forms_index.html.

(22) Facility Entry Screening – The gathering of preliminary information used in determining a youth's need for emergency services, further evaluation, assessment, or referral.

(23) Grievance Procedure – A procedure for addressing youth grievances in residential programs.

(24) 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.

(25) Institutional Review Board (IRB) – The department’s IRB reviews research proposals that seek access to departmental records or youth in the department’s care, custody, or under the departments’ supervision. The board looks at 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 then decides whether or not the proposal is approved.

(26) Involuntary Civil Commitment of Sexually Violent Predators: Refers to Sections 394.910-394.932, F.S., which 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 Service.

(27) Jimmy Ryce Act for Violent Sexual Offenders – Residential Program Notification Checklist – The checklist sent, along with supporting documents, to the youth’s JPO to be reviewed by the Department of Children and Families to determine eligibility for civil commitment as a sexually violent predator pursuant to Sections 394.910-394.932, F.S. The checklist (DJJ/BCS Form 23) dated February 2005, is incorporated by reference and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.

(28) Juvenile Justice Information System (JJIS) – The department’s electronic information system used to gather and store information on youth having contact with the department.

(29) Juvenile Probation Officer (JPO) – The officer responsible for the direct supervision of a youth in the community or on post-commitment probation or conditional release.

(30) Licensed Mental Health Professional – A psychiatrist licensed pursuant to Chapter 458 or 459, F.S., 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(23), F.S.

(31) Massachusetts Youth Screening Instrument, Second Version (MAYSI-2) – The mental health and substance abuse screening instrument designed to identify signs of mental/emotional disturbance or distress and authorized by the department for use at intake into the juvenile justice system and upon admission to a residential commitment program.

(32) Orientation – The process that occurs 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.

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

(34) Performance Summary – A written document used to inform the youth, committing court, 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) dated September 2006, is incorporated by reference and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule 63E_forms.html.

(35) Physically Secure – The use of hardware security devices, such as fencing and locks, to ensure that all entrances and exits of the program are under the exclusive control of program staff, preventing youth from leaving the program without permission.

(36) Predisposition Report (PDR) – 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 (subsection 63D-1.002(3), F.A.C.)

(37) 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. This 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.

(38) Program – A contracted or state-operated non-residential environment providing supervision of youth who have been identified to receive services within the community. This includes, but is not exclusively limited to, non-secure detention, home detention, Intensive Delinquency Diversion Services (IDDS) programs, conditional release programs, screening and intake units, and day treatment programs.

(39) Program Director – The on-site administrator of a residential commitment program for juvenile offenders, whether state or privately operated; who is accountable for the on-site operation of the program.

(40) Protective Action Response (PAR) – The department-approved verbal and physical intervention techniques and the application of mechanical restraints used in accordance with Chapter 63H-1, F.A.C.

(41) Protective Action Response Certification – Certification awarded to an employee who has successfully completed PAR training as described in this rule. Only employees who are PAR certified are authorized to use PAR.

(42) Qualified Researcher – As defined for this rule is any person who has been approved through the department’s Institutional Review Board (IRB) proposal process to conduct a research project with youth in the care, custody and supervision of the department.

(43) 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.

(44) Safety and Security Coordinator – The person responsible for the oversight of the facility’s safety and security program which includes, but is not limited to: facility security, fire safety and awareness, disaster preparedness, and the oversight of equipment and tool management within the facility.

(45) Sick Call Care – The health care delivery system component intended to provide care in response to episodic complaints of illness or injury of a non-emergency nature.

(46) Temporary Release – Any court-approved period of time during which an eligible youth is allowed to leave a residential program without the direct supervision of program staff or properly screened and trained interns or volunteers. The purpose of temporary release activities is to provide youth with opportunities to develop skill competencies and prepare for transition upon release or discharge from the program. Examples of temporary release include, but are not limited to, home visits and community employment.

(47) Transfer – The movement of a youth from one residential program to another, at the same restrictiveness level, a lower restrictiveness level, or a higher restrictiveness level.

(48) Transition Conference – A conference conducted at least 60 days prior to a youth’s anticipated release at which the youth, residential staff, the youth’s JPO and/or post-residential service provider, the youth’s parent(s) or guardian(s), and other pertinent parties establish transition activities, responsibilities, and timelines necessary for the youth’s successful release and reintegration into the community.

(49) Transition Planning – The process of establishing transition activities to facilitate a youth’s successful release and reintegration into the community.

(50) Treatment Team – A multidisciplinary team consisting of representatives from the program’s administrative, educational, vocational, residential, medical, mental health, substance abuse, and counseling components which assesses each youth to identify his needs and risk factors, develop rehabilitative treatment goals , ensure service delivery, and assesses and reports the youth’s progress. The youth is a member of the treatment team.

(51) Victim Notification of Release – Unless victim notification rights have been waived, 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. This form (RS 011, dated September 2006) is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.

Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New________.

63E-3.003 Administration of the Serious or Habitual Juvenile Offender (SHO) Program.

A SHO program for youth at least 13 years of age at the time of disposition for the current offense shall include the following:

(1) A treatment modality for youth that includes evidence-based treatment and practices of changing negative or inappropriate behavior and promotes positive pro-social behavior;

(2) An on-site administrator who is accountable for the daily operation of the program. This administrator is ultimately responsible for ongoing program planning and evaluation to ensure the integrity, safety, security, and effective operation of the program;

(3) A facility management team established by the on-site administrator that will meet at least monthly to discuss the ongoing operational issues of the program, strategize resolution of problems and ensure contract compliance;

(4) A Program Director who is responsible for ensuring that the daily operations of the program are conducted in a manner that provides a positive quality of life for the youth. Each program shall consist of at least 9 months of intensive secure residential treatment and will not exceed the maximum term of imprisonment that an adult may serve for the same offense. Conditional release assessment shall be provided in accordance with Section 985.46, F.S. The components of the program shall include, but not be limited to:

(a) Shelter;

(b) Security and Safety;

(d) Food;

(e) Process to address youth grievances;

(f) Access to the Abuse Hotline, and/or Central Communications Center;

(g) Diagnostic evaluation services;

(h) Appropriate treatment modalities, including substance abuse intervention, mental health services, and sexual behavior dysfunction interventions and gang-related behavior interventions;

(i) Prevocational and vocational services;

(j) Job training, job placement, and employability-skills training;

(k) Case Management Services;

(l) Educational services, including special education services for youth with disabilities and pre-GED literacy;

(m) Self-sufficiency planning;

(n) Independent living skills;

(o) Parenting skills;

(p) Recreational and leisure time activities to include large muscle exercise;

(q) Community involvement opportunities commencing, where appropriate, with the direct and timely payment of restitution to the victim;

(r) Graduated reentry into the community;

(s) A diversity of forms of individual and family treatment appropriate to and consistent with the child’s needs;

(t) Consistent and clear consequences for misconduct;

(u) Opportunities for expression of religious beliefs;

(v) Family visitation;

(w) Access to incoming mail and opportunities to send outgoing mail; and

(x) Telephone access.

(5) Pre-employment screened employees (Level 2) pursuant to Chapter 435 and Section 985.644(5), F.S;

(6) Orientation training in accordance with job responsibilities within the first 15 days of employment. This training, at a minimum shall include:

(a) The Department’s mission and how the program fits and interacts within the overall continuum of care;

(b) The Program’s mission, philosophy and treatment approach;

(d) Personnel policies;

(e) Job responsibilities;

(f) Confidentiality (Section 985.04, F.S.);

(g) Introduction to safety and security issues;

(h) Child abuse reporting (as defined in Chapters 39 and 827, F.S.);

(i) Incident reporting; and

(j) Professional Ethics issues and employee standards of conduct, including disciplinary and legal consequences for noncompliance with departmental or facility rules.

(7) Direct-care employees who are certified in Protective Action Response (PAR) within 90 days of hire. Staff who are not PAR certified may provide direct-care supervision of youth only if directly supervised by a PAR certified staff as set forth in Chapter 63H-1, F.A.C.

Specific Authority 985.47(10), 985.64 FS. Law Implemented 985.47(10) FS. History–New________.

63E-3.004 Sanitation.

(1) The SHO program is responsible for ensuring the physical plant and its grounds are maintained in a safe and sanitary manner in compliance with Florida Administrative Code (F.A.C.) provisions in the following areas:

(a) Water supply: Rule 64E-12.003, F.A.C., (8-7-96).

(b) Food Service: Chapter 64E-11, F.A.C.:

1. General: Rule 64E-11.001, F.A.C. (8-28-96).

2. Definitions: Rule 64E-11.002, F.A.C. (7-14-03).

3. Food Supplies: Rule 64E-11.003, F.A.C. (7-14-03).

4. Food Protection: Rule 64E-11.004, F.A.C. (7-14-03).

5. Personnel: Rule 64E-11.005, F.A.C. (7-14-03).

6. Food Equipment and Utensils: Rule 64E-11.006,F.A.C. (7-14-03).

7. Sanitary Facilities and Control: Rule 64E-11.007,F.A.C. (7-14-03).

8. Other Facilities and Operations: Rule 64E-11.008, F.A.C. (3-15-98).

9. Temporary Food Service Events: Rule 64E-11.009, F.A.C. (3-15-98).

10. Procedure When Infection Is Suspected: Rule 64E-11.011, F.A.C. (2-21-91).

11. Manager Certification: Rule 64E-11.012,F.A.C. (7-14-03).

12. Certificates and Fees: Rule 64E-11.013, F.A.C. (7-14-03).

(d) Insect and Rodent Control: Rule 64E-12.006, F.A.C. (8-7-96).

(e) Laundry: Rule 64E-12.008, F.A.C. (6-18-87).

(f) Poisonous or Toxic Substances: Rule 64E-12.009, F.A.C. (6-18-87).

(g) Garbage and Rubbish: Rule 64E-12.010, F.A.C. (8-7-96).

(h) Recreational Areas: Rule 64E-12.011, F.A.C. (8-7-96).

(2) The superintendent or designee shall conduct a weekly sanitation inspection and document findings.

(3) Biohazardous waste shall be disposed of in accordance with OSHA Standard 29 CFR 1910.1030. Youth shall not be allowed to clean, handle, or dispose of any other person’s biohazardous material, bodily fluids or human waste.

(4) All facilities shall be inspected annually by the appropriate persons in reference to state health, sanitation and food service standards.

Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New________.

63E-3.005 Safety and Security.

(1) The Program Director of a SHO program shall designate a Safety and Security Coordinator to oversee the facility’s safety and security program and systems. The coordinator’s duties and responsibilities shall include, at a minimum, the following:

(a) Ensuring that the facility has operating procedures addressing safety and security;

(b) Ensuring that the physical plant, grounds and perimeter are maintained so that the environment is safe and secure for youth, staff, visitors and the community;

(c) Conducting the program’s internal security audit on a monthly basis per the facility operating procedure and overseeing follow-up corrective action as needed;

(d) Conducting internal safety inspections on a monthly basis per the facility operating procedure and overseeing follow-up corrective action as needed;

(e) Working with the Program Director and other program staff to develop corrective actions warranted as a result of safety and security deficiencies found during any reviews, audits, or inspections, and overseeing implementation of actions that ensure the deficiencies are corrected and appropriate systems are in place to maintain compliance;

(f) Serving as, or working cooperatively with, the program’s Continuity of Operations Plan (COOP) Coordinator, and

(g) Ensuring that staff are sufficiently trained on any safety and security procedures and appropriate use of security features and equipment commensurate with their job duties.

(2) Physical security features for a SHO program shall meet the requirements the department has established for programs designated as high-risk. The required physical security features include a security fence of at least 12 feet in height with an inside overhang or razor wire; electronic door locks with manual override on entry, exit, and passage doors; a closed circuit video taped television surveillance system with inside and outside cameras; a sally port with intercom; an electric or manual secure pedestrian gate with intercom capability; secure windows that are break-resistant or screened glass; sleeping room doors that open outward; exterior security lighting; electronic search equipment; and radio or cell phone communication devices for staff.

(3) Direct-care staffing for an SHO program shall be based on the high-risk level of the resident population. At a minimum, the staff to youth ratio is 1 staff to 8 youth during the awake shifts, 1:12 during the sleep shift and 1:5 for off campus activities.

(4) The program shall institute a tool management system to prevent youth from using equipment and tools as weapons or a means of escape. Tool management shall address, at a minimum:

(a) Inventorying tools and procedures addressing missing tools;

(b) Storing tools;

(d) Issuing tools to youth and staff;

(e) Training staff on procedures and on appropriate and safe tool usage;

(f) Replacing and disposing of dysfunctional tools (in disrepair or unsafe condition); and

(g) Assessing youth to determine whether they may participate in vocational training, work projects, public service, or disciplinary work activities that involve the use of tools.

(5) The program shall maintain strict control of flammable, poisonous, and toxic items. At a minimum, the program shall:

(a) Maintain a complete inventory of all such items used in the facility.

(b) Maintain a current list of personnel identified by position title or function , who are authorized to handle these items.

(d) Dispose of hazardous items and toxic substances or chemicals in accordance with Occupational Safety and Health Administration (OSHA) standards.

(e) Maintain Material Safety Data Sheets (MSDS) on site as required by OSHA.

Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New________.

63E-3.006 Continuity of Operations Planning.

(1) The Program Director shall oversee the development of a Continuity of Operations Plan (COOP). The intent is for each program to have a planned and comprehensive approach to effectively manage emergencies and disaster events, including those that require the program to re-locate its youth and staff while maintaining operations, safety, and security. The program’s COOP shall:

(a) Address, but not be limited to, fire and fire prevention/evacuation, severe weather, disturbances or riots, bomb threats, taking of hostages, chemical spills, flooding, or terrorist threats or acts;

(b) Be conspicuously posted in the facility and readily available to staff members, youth, and visitors, and shall be disseminated to appropriate local authorities. If the plan is too voluminous to post, the program shall post a notice that identifies the various locations within the facility where staff can easily access the plan;

(c) Identify the key facility personnel and define their specific responsibilities during emergency or disaster situations;

(d) Specify the equipment and supplies required to maintain the continuous operation of services during an emergency or disaster, plans to ensure the provision of such, and directions as to their location within the facility for provisions that can be kept on-site. Equipment and supplies may include, but are not limited to, food, medicine, first aid supplies, vehicles, generators, clothing, cell phones, alternative housing plans, flashlights, batteries, fire safety equipment, computers (laptops), information on computer disks that ensures care, custody and control of youths and assists in the continuous and uninterrupted delivery of departmental services and ensures public safety;

(e) Indicate essential or key personnel (designated by the Program Director) who, due to their position and/or training, are responsible during an emergency or disaster for ensuring that the program remains operational and responsive to the needs of the youth, as well as continued to ensure the safety of youth, staff, and the public;

(f) Be compatible with or combined with the program’s COOP;

(g) Be compatible with the department’s Residential Region’s Disaster Plan and its COOP.

(2) The program shall have a COOP that provides for the continuity of care and custody of its youth and the protection of the public in the event of an emergency that prevents occupancy of the program’s primary facility/building(s). The program’s COOP shall be:

(a) Compatible with the department Residential Region’s COOP;

(b) Readily available to staff;

(d) Submitted to the Regional Residential Directors upon their request and per their instructions; and

(e) Approved by the Division of Emergency Management, a division of the Department of Community Affairs having oversight of the development of comprehensive COOP for state agencies.

Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New________.

63E-3.007 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 8:00 a.m. and 5:00 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;

(d) Commitment conference summary; and

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;

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 Intervention of this action.

(4) A residential commitment program shall communicate internally 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 is notified of an admission with any of the following medical problems 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.

(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 the violent sexual predator screening documentation qualifies pursuant to Sections 394.910-394.932, 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 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New________.

63E-3.008 Intake.

(1) Youth intake will commence upon the arrival of the youth to the facility. The following activities shall occur during intake:

(a) A strip search of youth being admitted to the SHO program is required. The strip search of the youth shall be conducted upon arrival to the facility as follows:

1. The strip search shall be conducted 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 can be conducted by one staff of the same sex, while staff of the opposite sex is positioned to observe the staff person conducting the search, but cannot view the youth.

2. Strip searches shall be conducted visually, without touching the unclothed youth.

(b) The intake process shall document visible body markings, i.e. scars, bruises, tattoos, or other physical injuries. This may be accomplished when staff conduct a strip search, during the physical screening, or when the youth showers.

(2) The following entry screenings shall be completed immediately upon a youth’s admission to a program. These screenings are used to ensure that the youth has no emergency medical, mental health, or substance abuse conditions of a nature that render admission unsafe.

(a) The Physical Health Screening may be conducted by non-medical program staff responsible for youth intake. This screening is conducted to identify physical health needs requiring attention.

(b) The Mental Health Screening may be conducted by non-clinical program staff responsible for youth intake. This screening is conducted to identify mental health needs requiring attention. Either the MAYSI-2 or clinical mental health and clinical substance abuse screening must be administered upon each youth’s admission to a residential commitment. Direct care staff trained in its administration may conduct MAYSI‑2 screening. Clinical mental health screening must be conducted by a licensed mental health professional and clinical substance abuse screening must be conducted by a qualified substance abuse professional as defined in Section 397.311(24), F.S., and in accordance with subsection 65D-30.003(15), F.A.C. (12-12-05), using valid and reliable screening instruments.

(3) Unless a youth is being admitted into a program directly from secure detention, a correctional facility, or another program, a shower, including shampooing hair, is required.

(a) An ectoparasiticide or an ovicide may be used routinely for all new admissions if the program’s designated health authority deems it appropriate, if it is used in accordance with current guidelines, 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) Clothing that is appropriate for size and climate shall be issued to each youth 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.

(d) Send inventoried property to the youth’s home or store such property until the youth’s release from the program.

(6) All contraband such as weapons and narcotics, excluding narcotics that are verified as having been prescribed for a medical condition, shall be confiscated by the Program Director or designee for disposal or storage, with all illegal contraband submitted to the law enforcement agency having local jurisdiction.

(7) Any medications brought into the residential commitment program when the youth is admitted shall be in the original container issued by the pharmacist with a current and complete label. The program shall verify by telephone the legitimacy of the prescription and the contents of the container with the issuing pharmacist or the prescribing physician. If the prescribing physician or dispensing pharmacist is not available, the program shall contact its designated health authority to provide verification. This verification contact shall be recorded in the youth’s individual management record. If the youth is arriving from a juvenile or adult detention center or another residential program where the prescription has already been verified, further verification is not required. The Designated Health Authority or designee shall be notified of the type of medication that is brought with the youth when admitted and this information shall be recorded in the youth’s healthcare record.

(8) Based on a review of all documentation and interactions with the youth, the Program Director or designee shall make an initial classification of the youth for purposes of room or living area assignment within the program. To determine the offender’s risk of escape, the program shall use, at a minimum, the Predisposition Report and face sheet in the Juvenile Justice Information System (JJIS) to secure information about the youth’s past history of escapes and escape attempts. Assignment to a group or staff advisor shall also be based on this initial classification. If the program has an orientation unit that houses newly admitted youth, a copy of the classification form shall be sent to the orientation unit. Factors to consider when classifying the youth shall include, but are not limited to:

(a) Sex;

(b) Age;

(d) Emotional maturity;

(e) Gang affiliation;

(f) Medical or mental health problems;

(g) History of violence;

(h) Sexual aggression;

(i) Predatory behavior;

(j) Risk of escape and risk to the public; and

(k) 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, this information shall be immediately entered into the program’s in-house alert system and the JJIS alert system.

(10) The program shall ensure that a current photograph and critical information are obtained and easily accessible for use in verifying the youth’s identity as needed during his stay in the program. The program shall ensure that a current photograph of each youth is maintained in the individual management record and the individual healthcare record. A photograph shall be made available to law enforcement or other criminal justice agencies to assist in apprehending the youth in the event of escape. The program may store this critical information electronically, however, a hard copy of the information on each youth shall be maintained in an administrative file that is easily accessible and mobile in the event of an emergency situation that results in the program having to relocate quickly or in the event the information is needed when the computer is inoperative. The critical information shall include, but not be limited to, the following:

(a) Youth’s full name, Social Security number, and DJJ ID number;

(b) Admission date;

(d) Name, address, and phone number of parent(s) or legal guardian;

(e) Name, address, and phone number of the person with whom the youth resides and his or her relationship to the youth;

(f) Person(s) to notify in case of an emergency (and contact information);

(g) JPO’s name, circuit/unit, and contact information;

(h) Names of committing judge, state attorney, and public defender (or attorney of record) with contact information on each;

(i) Committing offense and judicial circuit where offense occurred;

(j) Notation of whether or not the judge retains jurisdiction;

(k) Victim notification contact information, if notification is required;

(l) Physical description of youth to include height, weight, eyes and hair color, and any identifying marks;

(m) Overall health status, including chronic illnesses, allergies, mental health status and/or physical disabilities, and medications being taken; and

(n) Personal physician (if known).

(11) Consistent with departmental procedures addressing participation in the National School Lunch and Breakfast Program, residential commitment program staff of state-operated programs and contracted programs that are classified as not-for-profit programs shall complete an Individual Determination Report form for each youth admitted to the program.

Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New________.

63E-3.009 Orientation.

(1) Youth admitted to the SHO program shall receive orientation to the program within 24 hours of admission.

(2) Orientation to the program shall include the following:

(a) Review of expectations, program rules and the behavior management system. This information shall be conspicuously posted including all program rules, schedules and youth responsibilities to allow easy access for staff and youth. Program staff shall discuss with each youth:

1. Services available;

2. Daily schedule;

3. Expectations and responsibilities of youth;

4. Written rules governing conduct;

5. Written behavioral management system and possible disciplinary actions;

6. Availability of and access to medical and mental health services;

(b) Items considered contraband. Youth shall be advised that bringing illegal contraband into the program or possessing illegal contraband while in the program is a violation of law for which the youth may be prosecuted;

(d) Program’s dress code for youth and their expectations for each youth to engage in hygiene practices;

(e) Programs procedures on visitation, mail, and use of the telephone;

(f) Anticipated length of stay in the program and what the youth must do in order to successfully complete the program and be eligible for release. Staff should also explain that the youth must complete each performance plan goal in order to be recommended for release from the program and that the release decision is ultimately up to the committing court;

(g) High-risk commitments are restricted to necessary, supervised off-campus activities, i.e. health and court-related activities. However, during the final 60 days of their residential stay and with court approval, youth in high-risk programs may be granted permission to leave the facility.

(h) Program’s youth grievance procedures. A residential commitment program shall establish written procedures specifying the process for youth to grieve actions of program staff and conditions or circumstances in the program related to the violation or denial of basic rights. These procedures shall establish each youth’s right to grieve and ensure that all youth are treated fairly, respectfully, without discrimination, and that their rights are protected. The procedures shall address each of the following phases of the youth grievance process, specifying timeframes that promote timely feedback to youth and rectification of situations or conditions when grievances are determined to be valid or justified. A programs grievance process shall have the following components:

1. Informal phase wherein the youth attempts to resolve the complaint or condition with staff on duty at the time of the grieved situation;

2. Formal phase wherein the youth submits a written grievance that requires a written response from a supervisory staff person; and

3. Appeal phase wherein the youth may appeal the outcome of the formal phase to the program director or designee.

a. Program staff shall be trained on the program’s youth grievance process and procedures.

b. Program staff shall explain the grievance process to youth during their program orientation and shall post the written procedures throughout the facility for easy access by youth.

c. Youth shall be given free access to grievance forms and accompanying instructions and program staff shall assist a youth in filing a grievance if needed.

d. The program shall maintain documentation on each youth grievance and its outcome for at least one year.

(i) What to do in the case of an emergency, including procedures for fire drills and building evacuation.

(j) Ensure that each newly admitted youth is familiar with the physical design of the facility, advising the youth which areas are accessible and which are not accessible to youth.

(k) Room Assignment. Shall introduce each newly admitted youth to other program staff and youth. The youth shall be informed of any assignments to a staff advisor and youth group, if applicable. In addition, each youth shall be assigned to a treatment team.

(l) Access to the Abuse Registry.

Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New________.

63E-3.010 Case Management.

(1) The treatment team shall assess each youth; develop appropriate performance plan and transition plan goals, and conduct treatment team meetings to review each youth’s progress in the context of the Balanced and Restorative Justice (BARJ) approach. Residential case management shall address the three BARJ components:

(a) Accountability;

(b) Competency Development; and

(2) The SHO program shall establish multidisciplinary treatment teams to plan and manage each youth’s case and ensure services that meet individualized needs. Treatment teams shall be multidisciplinary in membership to include, at a minimum, representatives from program administration, direct care staff, and treatment staff to represent areas such as education, vocational, medical, mental health, and recreation, as needed. The youth shall also be a member of the treatment team. The role of the treatment team is to participate in the following processes:

(a) Assessment of the youth;

(b) Development and implementation of the youth’s performance plan;

(d) Development of performance summaries; and

(e) Development of the youth’s transition plan.

(3) Assessment of the youth shall be completed within the first 30 days of admission to the program. The treatment team, with the youth, shall identify the:

(a) Risk factors that pre-dispose a youth to antisocial behavior and, if effectively addressed, would decrease the youth’s likelihood that he will engage in antisocial behaviors; and

(b) Strengths and protective factors that, if effectively promoted, would build the youth’s resiliency and decrease the likelihood that he will engage in antisocial behaviors.

(4) Areas of assessment shall include, at a minimum, the following:

(a) Relationships to include family relationships (parents, legal guardians, siblings, grandparents, delinquent youth’s children), peer relationships (pro-social peers, isolation from pro-social peers, and antisocial peers), dating relationships, relationships with significant adults other than family or legal guardians, and relationship boundaries;

(b) Academic skills;

(d) Substance abuse or addiction and level thereof;

(e) Mental health;

(f) Life skills;

(g) Social skills;

(h) Leisure and recreational interests;

(i) Physical health;

(j) Sexual development;

(k) History of sexual abuse, physical abuse, domestic violence, emotional abuse, neglect, and/or abandonment;

(l) Specialized needs and abilities;

(m) Delinquency history and status;

(n) Responsibility for criminal actions and harm to others;

(o) Community involvement and connections;

(p) Court ordered sanctions and treatment recommendations;

(q) Amenability to treatment;

(r) Proclivity toward violence;

(s) Tendency toward gang involvement; and

(t) Potential for rehabilitation.

(5) The program shall file and maintain any completed assessment and all reassessment results in the youth’s individual management record.

(6) All youth admitted shall have a Performance Plan developed within 30 calendar days of admission to the program. The Performance Plan goals shall be measurable, individualized, and based upon prioritized needs that reflect the risk and protective factors identified during the initial classification process. The plan shall identify the youth’s responsibilities to accomplish the goals, and the responsibilities of staff to enable the youth to accomplish their goals. It shall also stipulate timelines for the completion of each goal. The treatment team shall revise a youth’s performance plan based on reassessment results, a youth’s demonstrated progress or lack of progress on a goal or goals, newly acquired or revealed information, or demonstration of antisocial behavior not yet addressed or insufficiently addressed.

(7) At a minimum, the youth, the treatment team leader, and all other parties who have significant responsibilities in goal completion shall sign the performance plan. Within 10 working days a copy will be provided to the following, and the youth’s individual management record must document the date the performance plan was sent:

(a) Youth Case File – original;

(b) Committing Court;

(d) Parent or Guardian;

(e) DCF, if applicable;

(f) The youth.

(8) Progress reviews. The treatment team is responsible for bi-weekly reviews for youth. Of these two reviews each month, one shall be formal and the other can be informal. A formal review involves a meeting of the treatment team to discuss the youth’s progress. Informal reviews can consist of the treatment team leader meeting only with the youth. At a minimum, progress review documentation shall include the following elements:

(a) Youth’s name;

(b) Date of the review;

(d) Any comments from the treatment team members, including direct care staff and the youth.

(9) Performance summaries shall be completed every 90 days beginning 90 days from the signing of the youth’s performance plan, unless the committing court requests monthly performance summaries, in which case the performance summary shall be completed every 30 days beginning 30 days following completion of the performance plan. Areas that shall be addressed in the performance summary include, but are not limited to:

(a) The youth’s status on each performance plan goal;

(b) The youth’s academic status;

2. Level of motivation and readiness for change;1. Initial adjustment to program;

3. Interactions with peers;

4. Interactions with staff;

(d) The youth’s overall behavior adjustment; for youth receiving mental health or substance abuse services, their progress shall be addressed in a manner that complies with the confidentiality requirements set forth in both state and federal statutes;

(e) Significant incidents (positive or negative); and

(f) The justification for a request for release, discharge or transfer, if applicable.

(10) The staff member who prepared the summary, the treatment team leader, the Program Director or designee, and the youth shall review, sign and date the Performance Summary. Program staff shall give the youth the opportunity to add comments to the Performance Summary prior to signing it. Within 10 working days the program shall distribute the performance summary to the:

(a) Committing court,

(b) Youth’s JPO,

(d) Other pertinent parties.

(11) If the Performance Summary is notification of the program’s intent to release or discharge a youth, the residential program shall send the original of the release or discharge summary, together with the Pre-Release Notification form, to the youth’s JPO (rather than directly to the court). The program shall place the original performance summaries and copies of the youth’s release or discharge summary and the Pre-release Notification form in the youth’s individual management record.

(12) Transition Planning. The program shall begin planning for the youth’s transition back to the community upon admission to the program. It is critical that all parties involved with the youth communicate with each other on a regular basis to ensure information is transferred in a timely manner, and job tasks related to the youth’s transition are assigned and completed within the designated timeframes.

(a) The residential commitment program is responsible for the timely notification of a youth’s release from the program to the youth’s JPO and other pertinent parties.

Notification of Release form shall be sent to the youth’s JPO at least 45 days prior to the youth’s targeted transition date (90 days prior for sex offenders). No section of this form can be left blank and all arrangements made for the youth must be clearly stated on this form.

(b) The SHO program is responsible for notifying the JPO of all youth subject to the provisions of the Chapter 394, Florida Statutes, not less than 210 days prior to the anticipated release of the youth. No youth subject to the provisions of the Chapter 394, Florida Statutes, will be released until the Sexual Predator Unit at the Department of Children and Families (DCF) has determined eligibility. All documentation required by DCF will be sent to the youth’s JPO at the time of notification of anticipated release. This documentation includes:

1. Residential Program Notification Checklist;

2. Youth’s Performance Plan;

3. Youth’s Performance Summary;

4. Physical health summary (not a comprehensive physical);

5. Summary of youth’s institutional adjustment (can be part of the Performance Summary); and

6. Any psychological or psychiatric reports.

(c) Prior to a youth’s release, the program shall conduct a transition conference to plan and assign responsibilities for transition activities necessary to facilitate the youth’s successful reintegration into the community. Transition activities established during the transition conference, together with the associated responsibilities and timelines for completion, shall be documented on the youth’s performance plan. The youth’s treatment team leader or designee shall coordinate with the youth’s JPO and Post-residential Services Counselor (if different than the JPO) to schedule the transition conference. The transition conference shall be conducted not less than 60 days prior to the youth’s targeted release date.

(d) At a minimum, the Program Director or designee and the youth’s treatment team leader shall represent the program at the exit conference. In the event other members of the youth’s treatment team are unable to attend, they shall provide input to the treatment team leader prior to the conference. The program shall invite the JPO, Post-residential Services Counselor (if different than the JPO), and parent or guardian to the exit conference. The youth shall also be in attendance at the conference. The residential program shall send a youth’s complete official case record, including the cumulative individual healthcare record, to the JPO within five (5) working days of the youth’s release.

(13) Transfers to other residential programs shall be accomplished as follows:

(a) Transfers may be requested for the following reasons:

1. The youth has committed new law violations. If the request for transfer is based solely on a new law violation, the program shall notify the Transfer Administrator immediately if the charges are not petitioned, not prosecuted, dismissed, or the youth is found not guilty, and the transfer shall be immediately revoked;

2. The youth has demonstrated continued non-compliance with program rules even though the program has made reasonable efforts to intervene and manage the behavior;

3. The treatment needs of the youth have changed, and the program does not have the capacity to meet those needs;

4. The youth is a member of a criminal street gang and needs to be separated from other gang member(s) in the program;

5. The program has determined that a transfer is necessary to protect the public; or

6. The program is closing or reducing capacity.

(b) The program requesting the transfer shall submit a request for transfer to the Regional Transfer Administrator. This request shall list the specific violations or reasons for the request.

(c) The program shall send written notification of the date, time and location of the transfer staffing to the youth’s parent(s) or legal guardian(s), copying the youth, the youth’s JPO, the DCF Foster Care Worker, if applicable, and any attorneys of record including the defense attorney and the appropriate state attorney. A copy of the transfer Performance Summary that includes the specific violations or reasons for transfer (as listed on the request for Transfer), shall be attached to the notification letter.

(d) If the youth’s transfer is denied, the youth shall stay in the program or return to the program (if in detention).

(e) If the youth is approved for transfer the program shall ensure the youth’s records and property are taken to the detention center if the youth is securely detained. If the youth is not detained, the program shall arrange transportation of the youth and their records and property to the receiving program.

Specific Authority 985.47(10), 985.64 FS. Law Implemented 985.47(10) FS. History–New________.

63E-3.011 Behavior Management.

(1) Consistent with its philosophy and treatment approach, the SHO program shall establish a behavior management system that is responsive to the characteristics of the program’s population. The program’s behavior management system shall foster accountability for behavior and compliance with the residential community’s rules and expectations.

(a) The Behavior Management System shall be designed to:

1. Maintain order and security;

2. Promote safety, respect, fairness, and protection of rights within the residential community;

3. Provide constructive discipline and a system of positive and negative consequences to encourage youth to meet expectations for behavior;

4. Provide opportunities for positive reinforcement and recognition for accomplishments and positive behaviors;

5. Promote pro-social means for youth to meet their needs;

6. Promote constructive dialogue and peaceful conflict resolution;

7. Minimize separation of youth from the general population; and

8. Complement the performance planning process.

(b) The program’s behavior management system shall not:

1. Be used solely to increase a youth’s length of stay;

2. Be used to deny a youth’s basic rights;

3. Promote the use of group discipline; or

4. Allow youth to sanction other youth.

Specific Authority 985.47(10), 985.64 FS. Law Implemented 985.47(10) FS. History–New________.

63E-3.012 Youth Services.

(1) Life and Social Skills. Life skills are defined as survival skills needed by youth to function successfully in everyday life situations. Each program is expected to promote youth competency development in life skills such as, but not limited to:

(a) Recognizing and avoiding high-risk situations that could endanger self or others;

(b) Controlling impulsive behaviors;

(d) Decision-making;

(e) Problem-solving;

(f) Organizing;

(g) Planning;

(h) Managing time; and

(i) Searching and applying for jobs, job interviewing, and engaging in behaviors appropriate for work situations.

(2) Each program shall promote youth competency development in social skills to help them interact positively and constructively with others. Social skills include, but are not limited to:

(a) Communicating effectively and constructively;

(b) Recognizing emotional cues from others;

(c) Improving relationship skills, such as differentiating positive and negative relationships; establishing positive relationships and avoiding negative ones; understanding relationship dynamics to include gender differences, relationship boundaries, dating relationships and behaviors, peer relationships, family relationships, relationships with employers and other authority figures, and relationships with other significant adults;

(d) Differentiating and appropriately responding to social contexts; and

(e) Engaging in constructive dialogue and peaceful conflict resolution.

(3) The residential commitment program shall provide youth with instruction on the impact of crime. Staff trained in this instruction shall teach youth about the impact of crime on victims and the community, heighten youth’s awareness and increase their empathy through exposure to victim speakers in person or via videotape, re-direct youths’ thinking to promote personal accountability for harm they caused to others, including making amends, and facilitate use of peaceful conflict resolution strategies.

(4) Participation in the educational program is mandatory for students of compulsory school-attendance age, as defined in Section 1003.21, F.S. For programs operated by private providers, the school district may provide educational services directly or may contract with a private provider to deliver its own educational program. Youth identified with disabilities, as defined by IDEA, will have a Individualized Education Plan developed and implemented according to the individual needs of the youth.

(5) The educational program at the SHO program shall establish an educational and prevocational training component consistent with juvenile justice education standards that includes:

(a) Basic Achievement Skills Inventory (BASI) or other common assessment tools identified by the Florida Department of Education;

(b) Performance plan goals (student outcomes) focused on post-placement needs. Based on the student assessment and identification of youth’s needs, performance goals (educational, prevocational training outcomes) must be developed in conjunction with the youth. Performance goals must target educational and prevocational services that will assist the youth in acquiring the skills most needed to increase success upon release from the residential program to the community;

(c) Educational and vocational curricula that are approved by the local school district, reviewed and revised at least annually and as needed based on skill acquisition demonstrated by youth in pre-testing and post-testing.

(d) Educational staff that are qualified, competent and trained in the residential program’s philosophy, treatment approach(es), behavior management system, and other treatment components of the program, as well as program safety and security procedures. They shall be trained specifically on how to work effectively with the program’s population. Staff shall also be trained in how to integrate support services with instruction and funding procedures for accessing resources. Educational staff shall receive in-service training in areas including but not limited to instructional delivery, understanding youth behavior and learning styles, and processes and procedures commonly used in juvenile justice educational programs.

(e) The testing and provision of special education services to youth requiring these services.

(6) SHO program shall provide opportunities for youth to participate in recreation, leisure and physical fitness activities that are appropriate for adolescents. Such activities shall be scheduled and reflected on the program’s daily activity schedule. Youth shall be provided the opportunity for daily recreational activities, one hour of which allows the youth to engage in large muscle activity. In addition to structured outdoor recreational activities or activities in a gymnasium, the program shall provide activities that are non-physical in nature, such as board games, reading, art projects, and other such activities.

(7) Content of television programming, videos, movies, and video games shall be age appropriate and shall not promote violence, criminal activity, sexual situations, abusive situations, or inappropriate language. Program staff shall not allow youth to view television, videos, or movies that are rated above PG.

(8) Programs allowing youth to participate in water related activities shall have a water safety plan, which at a minimum, shall address the following:

(a) Age and maturity of the youth who will participate;

(b) Identification of swimmers and non-swimmers;

(d) Type of water in which the activity is taking place (pool or open water);

(e) Water conditions (clarity, turbulence, etc.);

(f) Bottom conditions;

(g) Lifeguard-to-youth ratio and positioning of lifeguards; and

(h) Equipment needed for the activity.

(9) Off-Campus Actvities. Youth committed to high-risk level commitment are restricted to necessary, supervised off-campus activities, i.e. health and court-related activities. During the final 60 days of their residential stay and with court approval, youth in high-risk programs may be granted permission to leave facility grounds (supervised and, under limited circumstances, unsupervised) to engage in transitional activities (enrollment in school, performance of community service, and home visits of no more than 72 hours). A risk assessment shall be conducted on all youth prior to any off campus activity.

(10) The Program Director shall ensure access to and provision of physical health services to all youth committed to the program. The health care delivery system shall include the following components:

(a) Intake Screenings and Assessments (also known as “routine medical and dental screening and evaluation”) upon entry and at other specified times;

(b) Follow-up assessments at specified intervals (also known as “periodic evaluations”) and ongoing treatment by licensed health care professionals as required by the presence of a chronic condition, a change in a youth’s physical or mental health status, or the initiation of a new medication or medical regimen;

(d) Sick call care;

(e) Medication management systems that facilitate the safe, effective, and documented storage and administration of medications, both prescription and over-the-counter, for acute and chronic physical, mental, and dental health conditions;

(f) Infection control measures to prevent the spread of disease;

(g) Age appropriate health education;

(h) Transitional healthcare planning; and

(i) Health care documentation system.

(11) The SHO program shall have a Designated Health Authority defined as the physician (MD or DO licensed pursuant to Chapter 458 or 459, F.S.) who, by agreement, employment, contract or other arrangement, provides and/or supervises the provision of health care within the facility.

(12) The Program Director shall ensure access to and provision of mental health services to all youth committed to the program. The mental health care delivery system shall include the following components:

(a) Mental health and substance abuse screening upon admission to determine if there are any immediate mental health or substance abuse needs;

(b) Comprehensive mental health and substance abuse evaluation or updated comprehensive evaluations for those youth identified by screening as in need of further evaluation;

(c) Access to mental health and substance abuse services, including psychotherapeutic intervention (primarily individual, group, and family counseling and psychosocial or psychoeducational skills training) and medical/somatic intervention (primarily administration and management of psychotropic medication), for youth in need of mental health and/or substance abuse treatment;

(d) Crisis intervention and suicide prevention services;

(e) Specialized services for non-routine situations where additional mental health expertise is needed, such as sex offender treatment or pharmacological treatment; and

(f) Emergency mental health and substance abuse care.

(g) A Designated Mental Health Authority will be accountable to the Program Director for ensuring that mental health services are appropriately provided in the SHO. This person shall be a licensed mental health professional (psychiatrist licensed pursuant to Chapter 458 or 459, F.S., psychologist licensed under Chapter 490, F.S., mental health counselor, clinical social worker or marriage and family therapist licensed under Chapter 491, F.S., or a psychiatric nurse as defined in Section 394.455(23), F.S.). A licensed mental health staff shall directly supervise unlicensed mental health staff.

Specific Authority 985.47(10), 985.64 FS. Law Implemented 985.47(10) FS. History–New________.

63E-3.013 Construction.

(1) The department shall conduct an assessment of need for additional SHO programs prior to the siting or construction of more than one facility in any judicial circuit.

(2) The department shall ensure that any newly constructed or leased facility is designed to comply with the following:

(a) 25 or less beds;

(b) Separate and secure facilities;

(d) Shall provide a minimum of 70 square feet of space for single room occupancy per youth. The room must have 35 square feet of clear floor space;

(e) A minimum of 35 square feet of space per youth for multipurpose room activities;

(f) A minimum of 56.25 square feet per youth for rooms used for educational purposes. Classroom size is based on a maximum of 16 youth in a class;

(g) A minimum of 50 square feet of space per youth for outside recreation;

(h) A minimum of one toilet to every eight youth, one washbasin for every eight youth and one shower for every eight youth;

(i) Ensure the facility meets the needs of disabled youth;

(j) Employ a Closed Circuit Television system that includes but is not limited to, a color digital recording equipment. The DVR must be capable of a minimum of 30 days recorded event storage within the hard drive, have a minimum setting of eight frames per second, have a minimum of 16 camera inputs, and be capable of remote viewing. All equipment must be surge protected and have a USP backup and be connected to an emergency power supply; and

(k) Siting and construction activities shall comply with local zoning codes and requirements and be in compliance with all state building codes and requirements.

Specific Authority 985.47(12), 985.64 FS. Law Implemented 985.47(12) FS. History–New________.

63E-3.014 Program Monitoring and Evaluation.

(1) Periodic reviews by the DJJ regional residential monitor shall be conducted to ensure that quality services are provided, departmental standards are maintained, and departmental policies, related statutes, and rules are followed in contracted and state-operated programs. Monitoring is conducted monthly, quarterly, or semi-annually, based on risk factors determined in an annual assessment by the residential monitor. If there are major deficiencies noted in the residential monitor’s site visit summary, the program shall submit an outcome-based corrective action plan (OBCAP) to the designated DJJ regional residential monitor.

(2) Security Audit. The DJJ region’s security monitor shall conduct an audit of the programs safety and security measures at least annually. The program shall develop a corrective action plan as instructed by the regional security monitor to address any non-compliance issues identified in the security audit report. If the security monitor performs a Pre-Operational and Post-Operational Review or Quality Assurance program audit, that may be substituted as the annual security audit.

(3) For new programs or programs undergoing a change in provider, an on-site review will be conducted 30 to 45 days prior to the anticipated date of youth into the program. The review shall determine whether the program has the trained staff, policies, procedures, equipment, and supplies in place sufficient to begin accepting youth into the program. A favorable review will result in a Letter of Operation being issued by the department, authorizing the facility to begin admitting youth.

(4) A second on-site review is conducted 60 to 90 days after the facility commences operations to confirm full compliance in areas found in partial or non-compliance during the Pre-Operational Review to ascertain readiness to continue operations, and to determine additional programming needs.

(5) In some cases where federal funds are involved, audits may be conducted according to federal requirements. Other reviews or audits may be required per contract or departmental policy or as determined necessary by the department. For example, a Program Administrative Review may be conducted in a program by designated regional staff when DJJ headquarters determines a more detailed review of an incident is required. Also, an investigation may be conducted by the DJJ Inspector General’s staff when determined necessary. In addition, there may be inspections or reviews required locally, for example, by the county.

Specific Authority 985.47(8), (11), 985.64 FS. Law Implemented 985.47(8), (11) FS. History–New________.

63E-3.015 Research Projects.

(1) All research project requests must follow the department’s Institutional Review Board Research Proposal Review Process, prior to any contact with youth. The Institutional Review Board Research Proposal Review Process is the procedure the department utilizes to accept or deny research projects submitted to the department for consideration. The membership of the Institutional Review Board process consist of employees from all branches and units in the department who review proposed research designs to be conducted at DJJ sites. The IRB is chaired by staff from the department’s Bureau of Research and Data.

(2) No research project involving contact with youth or access to confidential information is authorized without the department’s IRB and the Secretary’s permission. Prior to any research project involving youth in the department’s custody, the research project’s lead researcher shall obtain permission from the youth and the youth’s parents or legal guardian.

(3) The principal investigator of any research project shall meet the department’s definition of a qualified researcher as defined by this rule.

Specific Authority 985.47(11), 985.64 FS. Law Implemented 985.47(11) FS. History–New________.