63D-4.001: Purpose and Scope
63D-4.002: Definitions
63D-4.003: Community Involvement in Design and Operation
63D-4.004: Life Safety Standards and Security
63D-4.005: Admission of Youth
63D-4.006: Medication Management
63D-4.007: Juvenile Assessment Center Role in Responding to Criminal Street Gangs
63D-4.008: Release of Youth
PURPOSE AND EFFECT: The rule specifies the department’s role in the operation of a juvenile assessment center, thus implementing Section 985.135, F.S.
SUMMARY: The rule governs the department’s participation in the operation of juvenile assessment centers, including the design and safety of the facilities, in the admission, screening, safe keeping and release of youth, and in responding to criminal street gangs.
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 FS.
LAW IMPLEMENTED: 985.135 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:
DATE AND TIME: Tuesday, March 11, 2008, 10:00 a.m.
PLACE: Knight Building, General Counsel’s Conference Room 3223, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lydia Monroe, 2737 Centerview Dr., Ste. 3200, Tallahassee, FL 32399-3100; e-mail: lydia.monroe@djj.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
63D-4.001 Purpose and Scope.
The rule specifies the requirements and criteria describing the role that the department has in the operation of a juvenile assessment center.
Specific Authority 985.64 FS. Law Implemented 985.135 FS. History–New__________.
63D-4.002 Definitions.
For purposes of this rule chapter, the following terms shall be defined as follows:
(1) Advisory Committee – Made up of representatives of the agencies participating in the development and on-going operations of the
(2)
(3) Criminal Street Gang – A formal or informal ongoing organization, association, or group that has as one of its primary activities the commission of criminal or delinquent acts, and that consist of three or more persons who have a common name or common identifying signs, colors, or symbols and who have two or more members who, individually or collectively, engage in or have engaged in a pattern of criminal street gang activity.
(4) Detention Risk Assessment Instrument (DRAI) – The instrument used to determine if a youth meets detention criteria and to determine whether a youth should be placed in secure, non-secure, or home detention care prior to a detention hearing.
(5) Gang Involved – A person who is a member of a criminal street gang as defined in the criminal street gang definition above and who meets two or more of the following criteria:
(a) Admits to criminal street gang membership.
(b) Is identified as a criminal street gang member by a parent or guardian.
(c) Is identified as a criminal street gang member by a reliable informant.
(d) Resides in or frequents a particular criminal street gang's area and adopts their style of dress, their use of hand signs, or their tattoos, and associates with known criminal street gang members.
(e) Has been arrested more than once in the company of identified criminal street gang members for offenses, which are consistent with usual criminal street gang activity.
(f) Is identified as a criminal street gang member by physical evidence such as photographs or other documentation.
(g) Has been stopped in the company of known criminal street gang members four or more times.
(6) Interagency Agreements – An agreement signed by all parties participating in the JAC. Agreements include, but are not limited to provisions regarding the development of protocols and procedures for conflict resolution, resource identification, roles, responsibilities, and communication between interagency partners, and the daily operation of the assessment center.
(7)
(8) Juvenile Justice Information System (JJIS) – The department’s electronic information system used to gather and store information on youth having contact with the department.
(9) Probation Medical and Mental Health Clearance Form (Form HS 051) – The form used to screen for mental health, substance abuse and medical problems when law enforcement delivers a youth to the department upon apprehension. The purpose of the form is to comply with statutory requirements for diverting youth to the proper community resource if they require urgent treatment or intervention when arrested. The Probation Medical and Mental Health Clearance Form (Form HS 051) (January 2008) is incorporated, and is accessible electronically at: http://www.djj.state.fl.us/forms/health_services/HS051_Probation_Medical_and_Mental_Health_Clearance_Form_1-08.pdf.
(10) Suicide Risk Screening Parent/Guardian Notification – Utilized in Juvenile Assessment Centers and by juvenile probation officers to inform the parent or legal guardian of a youth being discharged to the community that the youth’s response to suicide risk screening indicate he or she should receive a suicide risk assessment as soon as possible. The Suicide Risk Screening Parent/Guardian Notification Form MHSA 003 (August 2006) is incorporated, and is accessible electronically at http://www.djj.state.fl.us/forms/mental_health_substance_abuse_services_forms_index.html.
Specific Authority 985.64 FS. Law Implemented 985.135 FS. History–New__________.
63D-4.003 Community Involvement in Design and Operation.
(1) JACs provide collocated central intake and screening services for youth referred to the department. The department’s role is to ensure that an adequate number of staff, either departmental employees or contract provider staff, are deployed at a JAC to cover the functions of detention screening and the initiation of the intake process. How other community agencies are involved will be determined by the needs identified by the local JAC advisory committee, by the investment of staff and resources made by those local agencies, and shall be clearly defined in the local interagency agreements.
(2) Because local law enforcement agencies and local departments of corrections are often involved in staffing a JAC, the department will rely on law enforcement standards where applicable except as regards to specific statutory direction such as, for example, found in Section 985.645, F.S.
Specific Authority 985.64 FS. Law Implemented 985.135(2), (3), 985.645 FS. History–New__________.
63D-4.004 Life Safety Standards and Security.
(1) All JAC facilities must comply with sanitation and health codes. Written reports of inspections by state or local authorities shall be kept on file as assurance of continuing compliance with these codes.
(2) All facilities that use holding cells for youth must include in their process for utilization of these holding cells the following conditions:
(a) Males and females must never be placed together in the same holding cell.
(b) Staff must visually observe youth in holding cells every 10 minutes.
(c) A behavioral review must be held every 30 minutes.
(d) The observations and reviews must be documented in writing.
(e) If a holding cell is used by more than one youth at a time a safety decision must be made as to the potential risk of one youth to the other. Risk factors to consider are contagious disease, a marked difference in size, strength or age, predatory history and emotional stability.
Specific Authority 985.64 FS. Law Implemented 985.135(3), (4) FS. History–New__________.
63D-4.005 Admission of Youth to a JAC.
(1) In order to implement the statutory prohibition Section 985.115(2), F.S., against the acceptance into the JAC of youth exhibiting symptoms or demonstrating behaviors that suggest the youth is in need of immediate evaluation or treatment due to physical illness/injury, mental illness, or intoxication, each youth must receive an initial medical clearance.
(2) Medical/Mental Health Screening process.
(a) Each youth must receive an initial medical and mental health clearance. Using the Probation Medical and Mental Health Clearance Form (Form HS 051) the screener shall evaluate the condition of each youth prior to being accepted into the JAC for detention screening. The clearance process will help ensure an appropriate response when law enforcement delivers a youth for screening who appears to be physically impaired due to drugs, alcohol, injury, or illness.
(b) If the clearance process reveals one or more of the conditions described in the statute, the law enforcement officer must be informed immediately so they can transport the child to the appropriate facility or to be seen by a qualified health care professional as defined in this protocol. The original police report should not be left at the JAC, but should accompany the child.
(c) There may be situations in which the clearance process indicates one or more of the conditions described in the statute, however, the law enforcement officer disagrees with the resulting need for medical clearance and immediate transport to a more appropriate facility. If the DJJ screener and the law enforcement officer disagree, or if law enforcement refuses to transport the youth to the appropriate facility, the screener will provide the law enforcement officer with copies of Section 985.115(c),(d),(e), F.S., and the local interagency agreement. (Both should be posted in a prominent place.) If the disagreement has still not been resolved, the screener will contact his/her immediate supervisor who will contact the law enforcement officer’s supervisor, or Shift Commander. The screening supervisor’s decision will be final. Department staff (including providers) and law enforcement staff should subsequently resolve any issues of dispute following the appropriate chain of command.
(d) There are circumstances where a youth who has already been admitted to the JAC becomes severely ill while awaiting detention screening, or awaiting transfer to detention or release to the parent or guardian. If it is obvious that the condition of the youth is severe or life threatening, or appears to be life threatening, the first person who becomes aware of the emergency will call 911 immediately to request Emergency Medical Services (
(e) If
(f) If the detention screening was completed and the youth was evaluated as eligible for secure detention then a security plan while in the hospital must be implemented. Once determined that the youth requires hospitalization the following will take place based on the youth’s screening status:
1. Youth has not been screened for detention. The JAC screener will collect sufficient data telephonically and by other sources to complete the Detention Risk Assessment Instrument (DRAI) to make a preliminary determination as to the youth’s qualification for secure detention, non-secure detention or release with no detention status.
2. Youth has been screened for detention and is to be released to the parent or guardian. If the result of the detention screening is a release, then the screener will facilitate the release of the youth to the parent or guardian who will then assume custody of the youth.
(g) Mental health emergencies and substance abuse emergencies may occur in the JAC after the custody of the youth has been accepted from law enforcement. When there is reason to believe that a youth may be dangerous to self or others because of mental illness or substance abuse impairment, JAC staff should determine whether the youth requires emergency care. Individuals who are believed to be an imminent danger to themselves or others because of mental illness or substance abuse impairment shall require emergency mental health or substance abuse services. Procedures must be in place within the facility which ensure that staff immediately contact emergency medical services (911) in the event of a mental health or substance abuse emergency that requires emergency medical treatment.
(h) Procedures must also be in place for contacting the designated law enforcement agency and arranging for transportation of a youth believed to be mentally ill from the facility to a mental health receiving facility when the youth appears to meet the criteria for involuntary examination set forth Section 394.463, F.S. Procedures must also be in place for transporting a youth, who is believed to be substance abuse impaired, for emergency admission to a hospital, licensed detoxification facility or addictions receiving facility. If involuntary substance abuse admission (Section 397.675, F.S.) is initiated, a law enforcement officer may implement protective custody measures as described in Section 397.677, F.S., and take the youth to a hospital or to a licensed detoxification or addictions receiving facility.
(3) If a youth has been screened, is awaiting transportation to the juvenile detention center and needs to be hospitalized, the screener will contact the detention center superintendent or designee to inform them as to which hospital the youth has been transported. As part of this process the detention center will deploy detention center staff to the hospital as soon as possible, but no later than three (3) hours after receiving notice of the medical emergency.
Specific Authority 985.64 FS. Law Implemented 985.135 FS. History–New__________.
63D-4.006 Medication Management While Youth are in a JAC.
(1) As part of the screening process an arrested youth is asked if he or she is taking any medications. If the youth reports that he or she takes Insulin, the screener will advise the law enforcement officer to take the youth to a licensed health care professional for an assessment to ensure that the youth’s blood sugar levels are not too high or too low. The youth will not be accepted for screening until documentation is provided by a licensed health care professional that the youth has an acceptable blood sugar level. Upon return to the JAC the youth will be kept on constant sight and sound observation, and will be prioritized for completion of the screening process.
(2) Youth who report taking any one of the following medications will be accepted for detention screening at the JAC: seizure medication, asthma medication, heart medication, psychotropic medication, blood pressure medication or non-insulin diabetes medication. Because they make use of the medications listed in the previous sentence these youth will be prioritized and screened prior to other youth.
(3) If any youth taking the medication identified in subsection (1) or (2) above is screened as eligible for secure detention, detention staff will be notified that a youth awaiting placement is using one of the critical medications. JAC staff need to exhort the parents or guardians to deliver the youth’s medication as soon as possible. Once the medication is available at the JAC detention will be required to retrieve and transport the youth as soon as possible but no later than three (3) hours following notification.
(4) If the youth is on a critical medication, in need of the next dose, and is not eligible for secure detention the parent or guardian will be notified (with notification attempts documented) to bring the medication when they come to the JAC to pick up their child. In the event that the screener cannot reach the parent or guardian or if they refuse to respond, the screener will make arrangements to transport the youth home, to a responsible adult or to a shelter.
(5) In the event the youth is placed in a shelter, the JAC staff will verbally advise the shelter supervisor of the youth’s imminent need for medication.
Specific Authority 985.64 FS. Law Implemented 985.135 FS. History–New__________.
63D-4.007
(1) During the screening and intake process, probation and community intervention state staff and provider staff shall collect data to be used in determining a youth’s gang involvement or affiliation, if any. All data and information collected during the intake and screening process shall be made a part of the youth's file. A Gang Member Alert must be entered into JJIS for any youth identified as a member of a criminal street gang as defined by Section 874.03, F.S. Information collected by the department in relation to criminal street gangs, criminal street gang membership, and criminal street gang activity shall be provided to local law enforcement for use by the Florida Department of Law Enforcement in maintaining the statewide data base.
(2) The methods and procedures developed must ensure coordinated efforts between the Department of Juvenile Justice and local law enforcement agencies for the purpose of sharing of information and identification related to gang involved youth. Included in these methods and procedures is the requirement that all gang related information becomes a part of the youth’s file and that criminal street gang activity and membership information is reported to the local law enforcement gang authority. All information sharing must be consistent with the requirements in
Specific Authority 985.64 FS. Law Implemented 985.135 FS. History–New_________.
63D-4.008 Release of Youth from a JAC.
(1) If it is determined that a child who is eligible for detention based upon the results of the DRAI should be released from the JAC to his family, the state attorney must be contacted to receive authorization to release. If detention is not authorized, the child may be released in accordance with statute.
(2) A goal of the department is that youth shall not be kept or held in a JAC for longer than six (6) hours, from the time he or she is processed by law enforcement (booked) or turned over to designated JAC staff from law enforcement or other authorities. If a youth is held over the six-hour period for any reason, then the reasons for this delay and the actions taken to comply with this 6-hour goal must be documented. Managers should use this documentation to identify any systemic problems with meeting the six (6) hour time frame.
(3) There are circumstances where a youth who has already been admitted to the JAC and is awaiting detention screening, or has been screened and is either awaiting transfer to detention or release to the parent, may appear to become ill or complain of illness or injury. The appearance or complaint of physical or mental illness requires immediate attention, and once it has been determined that the youth is in need of further non-emergent medical attention, the following will take place based on the youth’s screening status:
(a) Upon arrival to pick up the youth from the JAC, the parent or guardian shall be notified verbally and in writing by the JAC screener that the youth appears to be ill or has complained of illness or injury and that further medical assessment is needed after release. The parent or guardian will sign an acknowledgement form indicating their understanding of the situation.
(b) For youth being released to secure detention the detention center facility superintendent or designee will be notified immediately by phone of the youth’s illness or injury. This person will be provided all available information regarding the youth’s specific symptoms or complaints in order to facilitate an appropriate and timely medical assessment.
(4) If a youth admitted to a JAC is identified through screening or other sources as a potential suicide threat, but he or she does not meet the criteria requiring immediate transportation to a facility for evaluation, the following is required:
(a) If the youth is to be released to the parent or guardian, the parent or guardian must be informed that suicide risk factors were disclosed during preliminary screening, and that a full assessment of suicide risk should be conducted by a qualified mental health professional. The parent or guardian shall be provided with the form entitled “Suicide Risk Screening Parent /Guardian Notification” at Appendix O of the Mental Health and Substance Abuse Services Manual (2006). A copy of the youth’s “Suicide Risk Screening Parent /Guardian Notification” form signed by the parent or guardian, is to be permanently filed in the youth’s case management record.
(b) If the youth is being detained in secure detention a Suicide Risk Alert must be immediately entered into JJIS and the youth placed on constant observation until an Assessment of Suicide Risk is conducted. The screener will write “suicide risk” on the top page of the detention packet, verbally notify the
Specific Authority 985.64 FS. Law Implemented 985.135 FS. History–New________.