Notice of Proposed Rule

DEPARTMENT OF JUVENILE JUSTICE
Staff Training
RULE NO: RULE TITLE
63H-2.003: Contracted Residential Staff
63H-2.004: Contracted Non-Residential Staff
63H-2.005: State Residential Staff
63H-2.006: State Non-Residential Staff
PURPOSE AND EFFECT: The amendments bring greater specificity and uniformity to the rule provisions implementing Sections 985.02(3)(c) and .601(8), F.S.
SUMMARY: The rule amendments expand and specify pre-service and in-service training requirements to provide more uniform descriptions of training topics for direct-care staff in state operated and contracted residential and non-residential programs.
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: 20.316(1), 985.601(8) FS.
LAW IMPLEMENTED: 985.02(3)(c), 985.601(8) 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, April 1, 2008, 10:00 a.m.
PLACE: DJJ Headquarters, 2737 Centerview Dr., 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:

63H-2.003 Contracted Residential Staff.

(1) Pre-service training requirements are as follows:

(a) Staff must complete all training within 180 days of being hired.

(b) Staff must complete a minimum of 120 hours of pre-service training (computer based and/or instructor led) to include the following:

1. PAR training as required by Rule Chapter 63H-1, F.A.C.;

2. CPR/First Aid;

3. Professionalism and ethics, including standards of conduct;

4. Suicide prevention;

5. Emergency procedures;

6. Mission/Program philosophy/ Program culture;

7. Adolescent behavior specific to the population served;

8. Confidentiality/ HIPAA requirements HIPPA;

9. Infection control/Blood borne pathogens;

10. Gangs awareness;

11. Safety, security, and supervision, including incident reporting;

12. Human Diversity Cultural competency;

13. Behavior management;

14. DJJ: The organization;

15. Mental health and substance abuse services;

16. Sexual harassment;

17. Communication skills;

18. Child abuse reporting.

(c) All contracted residential facilities/programs will submit, in writing a list of pre-service training to Staff Development and Training that includes course names, descriptions, objectives, and training hours for any instructor-led training based on the above topics.

(d) Staff must complete all of the on the job training associated with the above topics.

(2) Contracted residential employees are authorized to be in the presence of youth prior to the completion of the training requirements outlined above. However, the following essential skills training must be completed first:

(a) PAR trained;

(b) CPR/First Aid certified;

(c) Professionalism and ethics, including standards of conduct training;

(d) Suicide prevention training;

(e) Emergency procedures training.;

(f) Child abuse reporting.

(3) Contracted residential facilities that provide enhanced treatment of sex offenders, pregnant youth and young mothers, youth with developmental disabilities, or youth with identified substance abuse or mental health needs shall provide specialized training for direct care staff on the special needs population for whom they are assigned supervision responsibilities.

(4)(3) Upon request by a Regional Director, the Director for Staff Development and Training will grant a 90-day extension to the 180-day time frame for completing training requirements. The extension may only be based on the following:

(a) Death of an immediate family member;

(b) Serious chronic condition, illness or injury;

(c) Immediate family crisis;

(d) Court appearance;

(e) Military duty;

(f) Family medical leave;

(g) Other emergency circumstances.

(5)(4) Testing requirements for pre-service training are as follows:

(a) A passing score of at least 70 percent on all applicable computer based courses.

(b) PAR testing and evaluation requirements as outlined in Chapter 63H-1, F.A.C.

(c) Successful completion of all written and practical requirements for CPR/First Aid training.

(6)(5) Contracted residential staff must complete 24 hours of annual in-service training beginning the calendar year after the staff has competed pre-service training.

(7)(6) The following are mandatory training topics that must be completed each year:

(a) PAR update (Chapter 63H-1, F.A.C.):.

(b) CPR;.

(c) First aid, unless the specific certification is good for more than one year, in which case training is only necessary as required by certification;.

(d) Professionalism and ethics;.

(e) Suicide prevention.

(8)(7) All contracted residential facilities/programs will submit to Staff Development and Training a written list of in-service training that includes course names, descriptions, objectives, and training hours for any instructor-led in-service training other than the above topics.

(9)(8) As part of the 24 hours of in-service training required for direct-care staff, supervisory staff shall complete 8 hours of training in the areas of management, leadership, personal accountability, employee relations, communication skills or fiscal training each year.

(10)(9) Returning staff who return less than one year from separation shall complete the following:

(a) PAR update consisting of a minimum of 8 hours training (Chapter 63H-1, F.A.C.)

(b) CPR/First Aid certification (if not current).

(c) Overview of facility/program operating procedures.

(11)(10) Returning staff who return more than one year from separation shall complete all requirements set forth in subsection 63H-2.003(1), F.A.C., as they are no longer considered trained.

(12)(11) Contracted Staff who cross over from non-residential to residential shall complete all training requirements set forth in subsection 63H-2.003(1), F.A.C.

(13)(12) Procedures for documentation of training are as follows:

(a) Administrators will ensure that a training file is maintained for each direct care staff, and that they meet all requirements.

(b) Completion of all training requirements shall be documented on the department’s computer based tracking system.

(c) Facilities and programs shall develop an annual in-service training calendar which must be updated as changes occur.

Specific Authority 20.316(1), 985.601(8) FS. Law Implemented 985.02(3)(c), 985.601(8) FS. History–New 6-11-07, Amended 9-30-07,________.

 

63H-2.004 Contracted Non-Residential Staff.

(1) Pre-service training requirements are as follows:

(a) Staff must complete all training within 180 days of being hired.

(b) Staff must complete a minimum of 120 hours of pre-service training (web-based and/or instructor led) to include the following:

1. PAR;

2. CPR/First aid;

3. Suicide prevention;

4. Emergency procedures;

5. Understanding youth;

6. Legal;

7. Interpersonal/Communication skills;

8. Professionalism and ethics;

9. Supervision;

10. Changing offender behavior;

11. Mental health and substance abuse;

12. Risk and needs assessment;

13. Sexual harassment;.

14. Human diversity.

(c) All contracted non-residential programs will submit, in writing a list of pre-service training to Staff Development and Training that includes course names, descriptions, objectives, and training hours for any instructor-led training based on the above topics.

(d) Staff must complete all on the job training associated with the above topics.

(2) Contracted non-residential employees are authorized to be in the presence of youth prior to the completion of the training requirements outlined above. However, the following essential skills must be completed first:

(a) PAR trained;

(b) CPR/First aid certified;

(c) Professionalism and ethics training;

(d) Suicide prevention training;

(e) Emergency procedures training.

(3) Upon request by a Regional Director, the Director for Staff Development and Training will grant a 90-day extension to the 180-day time frame for completing training requirements. The extension may only be based on the following:

(a) Death of an immediate family member;

(b) Serious chronic condition, illness or injury;

(c) Immediate family crisis;

(d) Court appearance;

(e) Military duty;

(f) Family medical leave;

(g) Other emergency circumstances.

(4) Testing requirements for pre-service training are as follows:

(a) A passing score of at least 70 percent on all applicable computer based courses;

(b) PAR testing and evaluation requirements as outlined in Chapter 63H-1, F.A.C.;

(c) Successful completion of all written and practical requirements for CPR/First Aid training.

(5) Contracted non-residential staff must complete 24 hours of annual in-service training beginning the calendar year after the staff has completed pre-service training.

(6) The following are mandatory training topics that must be completed each year:

(a) PAR update (Chapter 63H-1, F.A.C.);

(b) CPR;

(c) First aid, unless the specific certification is good for more than one year, in which case, training is only necessary as required by certification;

(d) Professionalism and ethics.

(7) All contracted non-residential programs will submit to Staff Development and Training a written list that includes course names, descriptions, objectives, and training hours for any instructor-led in-service training other than the above topics.

(8) As part of the 24 hours of in-service training required for direct-care staff, supervisory staff shall complete 8 hours of training in the areas of management, leadership, personal accountability, employee relations, communication skills or fiscal training each year.

(9) Returning staff who return less than one year from separation shall complete the following:

(a) PAR update consisting of a minimum of 8 hours training (Chapter 63H-1, F.A.C.).

(b) CPR/First Aid/AED certification (if not current).

(c) Overview of facility/program operating procedures.

(10) Returning staff who return more than one year from separation shall complete all requirements set forth in subsection 63H-2.004(1), F.A.C., as they are no longer considered trained.

(11) Contracted Staff who cross over from residential to non-residential shall complete all training requirements set forth in subsection 63H-2.004(1), F.A.C.

(12) Documentation procedures are as follows:

(a) Administrators will ensure that a training file is maintained for each direct care staff, and that they meet all requirements.

(b) Completion of all training requirements shall be documented on the department’s computer based tracking system.

(c) Facilities and programs shall develop an annual in-service training calendar which must be updated as changes occur.

Specific Authority 20.316(1), 985.601(8) FS. Law Implemented 985.02(3)(c), 985.601(8) FS. History–New 6-11-07, Amended__________.

 

63H-2.005 State Residential Staff.

(1) All staff shall be certified within 180 days of being hired.

(2) The training shall be in two phases. Phase one is workplace training. Phase two is training at the academy.

(a) Phase one shall consist of 120 hours of certification training (web-based and instructor led) in the following areas:

1. Orientation training to include:;

a. Confidentiality;

b. Child abuse reporting;

c. Incident reporting; and

d. Standards of conduct.

2. Information security awareness;

3. DJJ residential facility operations (to include training on the unit log, admissions, releases, and transfers);

4. PAR;

5. CPR/First Aid;

6. Mental health and substance abuse services;

7. Safety, security, and supervision, including emergency plans and procedures;

8. Legal;

9. DJJ: The organization;

10. Gang awareness;

11. Interpersonal/Communication skills;

12. Case management in residential facilities.

(b) Staff must complete all on the job training associated with the above topics.

(c) Phase Two is academy training, which shall consist of 120 hours of certification training in the following areas:

1. Restorative justice;

2. Professionalism and ethics;

3. Adolescent and gender-specific behaviors and needs;

4. Health care services;

5. Effective written communication;

6. Mental health;

7. Suicide recognition, prevention, and intervention;

8. Human diversity;

9. Interpersonal/Communication skills.

(d) Staff must demonstrate satisfactory performance in all categories for at least seven (7) days on the Phase One Daily Observation Reports using the standardized evaluation guidelines. The Daily Observation Report (ADSD-21, revised 12/15/06) is incorporated by reference, and is available through Staff Development and Training, 2737 Centerview Dr., Tallahassee, FL 32399.

(3) State Residential staff are authorized to be in the presence of youth prior to the completion of the training requirements outlined above. However, the following essential skills training must be completed first:

(a) PAR trained;

(b) CPR/First Aaid/AED certified training;

(c) Mental health and substance abuse services;

(d) Suicide recognition, prevention, and intervention;

(e) Safety, security, and supervision, including emergency plans and procedures;

(f) DJJ residential facility operations.

(4) State operated residential facilities that provide enhanced treatment of sex offenders, pregnant youth and young mothers, youth with developmental disabilities, or youth with identified substance abuse or mental health needs shall provide specialized training for direct care staff on the special needs population for whom they are assigned supervision responsibilities.

(5)(4) Once the trainee has completed these essential skills, the trainee may be in the presence of youth while the remaining training requirements are completed. However, until the trainee completes the remaining training requirements, he or she shall, at all times, be under the direct supervision of a fully certified Juvenile Justice Residential Officer (JJRO).

(6)(5) Testing requirements for certification training are as follows:

(a) A passing score of at least 70 percent on all applicable computer-based courses;

(b) PAR testing and evaluation requirements as outlined in Chapter 63H-1, F.A.C.;

(c) Successful completion of all written and practical requirements for CPR/First Aid/AED training;

(d) Staff must receive a minimum score of 75 percent on the certification examination;

(e) Staff will be given three attempts to pass the certification examination within the 180-day timeframe.

(7)(6) Upon request by a Regional Director, the Director for Staff Development and Training will grant a 90-day extension to the 180-day time frame for completing training requirements. The extension may only be based on the following:

(a) Death of an immediate family member;

(b) Serious chronic condition, illness or injury;

(c) Immediate family crisis;

(d) Court appearance;

(e) Military duty;

(f) Family medical leave;

(g) Other emergency circumstances.

(8)(7) State residential staff must complete 24 hours of annual in-service training beginning the calendar year after the staff has completed certification training.

(9)(8) The following are mandatory training topics that must be completed each year:

(a) PAR update (Chapter 63H-1, F.A.C.);

(b) CPR/AED;

(c) First aid, unless the specific certification is good for more than one year, in which case, training is only necessary as required by certification;

(d) Suicide prevention;

(e) Professionalism and ethics.

(10)(9) Each region will submit to Staff Development and Training a written list of in-service trainings that includes course names, descriptions, objectives, and training hours for any instructor-led in-service training other than the above topics.

(11)(10) As part of the 24 hours of in-service training required for direct-care staff, supervisory staff shall complete 8 hours of training in the areas of management, leadership, personal accountability, employee relations, communication skills or fiscal training each year.

(12)(11) Returning staff who return more than four years from separation shall complete all requirements set forth in subsection 63H-2.005(1), F.A.C., as they are no longer considered trained.

(13)(12) Returning staff that return less than four years from the date of separation shall meet the following requirements within sixty calendar days of their return to the Department:

(a) All PAR training pursuant to Chapter 63H-1, F.A.C.;

(b) CPR/First aid/AED certification;

(c) Overview of facility operating procedures.

(d) In-service training to include:

1. Professionalism and ethics;

2. Suicide prevention;

3. Adolescent behavior;

4. DJJ residential facility operations;

5. Safety, security, and supervision.

(14)(13) Staff who crossover from contracted residential facilities, contracted non-residential programs, or state operated non-residential programs must complete all certification requirements outlined in this section.

(15)(14) Staff who crossover from detention facilities must complete all certification requirements outlined in this section that are non-duplicative of their detention certification, including the Juvenile Justice Detention Officer (JJDO) to Juvenile Justice Residential Officer (JJRO) examination.

(16)(15) Procedures for the documentation of training are as follows:

(a) Administrators will ensure that a training file is maintained for each direct care staff, and that they meet all requirements.

(b) Completion of all training requirements shall be documented on the department’s computer based tracking system.

(c) Facilities and programs shall develop an annual in-service training calendar which must be updated as changes occur.

Specific Authority 20.316(1), 985.601(8) FS. Law Implemented 985.02(3)(c), 985.601(8) FS. History–New 6-11-07, Amended__________.

 

63H-2.006 State Non-Residential Staff.

(1) All staff shall be certified within 180 days of hiring.

(2) The certification training shall be in two phases. Phase one is workplace training. Phase two is training at the academy.

(a) Phase one shall consist of 96 hours of training in the following areas:

1. Orientation training;

2. Juvenile Justice Information System;

3. Information security awareness;

4. Mental health and substance services;

5. Professionalism and ethics;

6. Restorative justice;

7. Human diversity;

8. Personal safety;

9. Adolescent behavior;

10. Legal;

11. Interpersonal/Communication skills;

12. Screening and intake;

13. Supervision;

14. Transfer, commitment and termination of supervision.

(b) Staff must complete all on the job training associated with the above topics.

(c) Phase two shall consist of 224 hours of training at the academy in the following areas:

1. PAR;

2. CPR/First aid;

3. DJJ overview;

4. Legal;

5. Adolescent behavior;

6. Restorative justice;

7. Interpersonal/Communication skills;

8. Human diversity;

9. Screening and intake;

10. Legal;

11. Supervision;

12. Transfer, commitment and termination of supervision;

13. Personal safety;

14. Professionalism and ethics;.

15. Suicide recognition, prevention and intervention.

(d) Staff must demonstrate satisfactory performance in all categories for at least seven (7) days on the Phase One Daily Observation Reports using the standardized evaluation guidelines incorporated by reference in paragraph 63H-2.005(2)(d), F.A.C.

(3) State non-residential staff are not required to be PAR certified and CPR/First Aid certified prior to contact with youth. However, the following requirements shall apply:

(a) The staff shall be assigned to a fully certified officer who has successfully completed all certification requirements outlined in this section.

(b) The staff shall not supervise a caseload or have direct contact with youth where department certified staff are not present until they complete all certification requirements in this section.

(4) Testing requirements for certification training are as follows:

(a) A passing score of at least 70 percent on all computer-based certification courses.

(b) PAR testing and evaluation requirements as outlined in Chapter 63H-1, F.A.C.

(c) Successful completion of all written and practical requirements for CPR/First Aid training.

(d) Staff must receive a minimum score of 75 percent on the certification examination.

(e) Staff may be given up to three attempts to pass the certification examination within the 180-day timeframe.

(5) Upon request by a Regional Director, the Director for Staff Development and Training will grant a 90-day extension to the 180-day time frame for completing training requirements. The extension may only be based on the following:

(a) Death of an immediate family member.

(b) Serious chronic condition, illness or injury.

(c) Immediate family crisis.

(d) Court appearance.

(e) Military duty.

(f) Family medical leave.

(g) Other emergency circumstances.

(6) State non-residential staff must complete 24 hours of annual in-service training beginning the calendar year after the staff has completed certification training.

(7) The following are mandatory training topics that must be completed each year:

(a) PAR update (Chapter 63H-1, F.A.C.);

(b) CPR;

(c) First aid, unless the specific certification is good for more than one year, in which case, training is only necessary as required by certification;

(d) Suicide recognition, prevention and intervention;

(e) Professionalism and ethics.

(8) Each region will submit to Staff Development and Training a written list of in-service trainings that includes course names, descriptions, objectives, and training hours for any instructor-led in-service training other than the above topics.

(9) As part of the 24 hours of in-service training required for direct-care staff, supervisory staff shall complete 8 hours of training in the areas of management, leadership, personal accountability, employee relations, communication skills or fiscal training each year.

(10) Returning staff who return more than four years from separation shall complete all requirements set forth in subsection 63H-2.006(1), F.A.C., as they are no longer considered trained.

(11) Returning staff that return less than four years from the date of separation shall meet the following requirements within sixty calendar days of their return to the department:

(a) All PAR training pursuant to Chapter 63H-1, F.A.C.;

(b) CPR/First aid certification;

(c) Overview of program operating procedures;

(d) In-service training to include:

1. Professionalism and ethics;

2. Suicide prevention;

3. Adolescent behavior;

4. Risk and needs assessment;

5. Supervision.

(12) Staff who crossover from contracted residential or detention facilities, contracted non-residential programs, state operated residential facilities, or state operated detention facilities must complete all certification requirements outlined in this section.

(13) Procedures for the documentation of training are as follows:

(a) Administrators will ensure that a training file is maintained for each direct care staff, and that they meet all requirements.

(b) Completion of all training requirements shall be documented on the department’s computer based tracking system.

(c) Facilities and programs shall develop an annual in-service training calendar which must be updated as changes occur.

Specific Authority 20.316(1), 985.601(8) FS. Law Implemented 985.02(3)(c), 985.601(8) FS. History–New 6-11-07, Amended__________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Duane Pace, DJJ Staff Development and Training
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Michael McCaffrey, Director of DJJ Staff Development and Training
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 25, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 1, 2008