63E-7.001: Purpose and Scope
63E-7.002: Definitions
63E-7.004: Youth Intake
63E-7.008: Facility and Food Services
63E-7.009: Behavior Management
63E-7.012: Transfer, Release and Discharge
63E-7.013: Safety and Security
63E-7.016: Program Administration
PURPOSE AND EFFECT: The amendments update and clarify portions of the rule governing the operation of residential commitment programs as follows: The amendments expand the scope of the rule to cover sex offender programs. They also eliminate an unnecessary medical authorization form, and clarify references to “treatment” so as to differentiate criminogenic intervention from clinical treatment. Best practices are incorporated with corresponding definitions. Intake classification factors are clarified in subsection 63E-7.004(8), F.A.C., and consistent amendments are made in subsection 63E-7.013(7), F.A.C. The need for digital video cameras and recording equipment is modified to accommodate smaller facilities, and an amendment clarifies the escape notification procedure.
SUMMARY: The amended rule expands the scope to cover sex offender programs, clarifies the distinction between treatment and intervention, modifies youth classification, incorporates effective practices, modifies facility requirements for video recording, and clarifies escape notification procedures.
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, 985.64, 985.601(3)(a) FS.
LAW IMPLEMENTED: 985.601(3)(a), 985.03(44), 985.441(1)(b), 985.48 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: Thursday, June 26, 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: John Milla, 2737 Centerview Dr., Ste. 3200, Tallahassee, FL 32399-3100, e-mail: john.milla@djj.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
63E-7.001 Purpose and Scope.
This rule establishes the requirements for the department’s administration and operation of residential commitment programs for juvenile offenders, with the exception of serious habitual offender programs, intensive residential treatment programs, sex offender programs, sheriff’s training and respect programs, and expedition programs specifically addressed in Chapters 63E-3, 63E-4, 63E-5, 63E-6, and 63E-8, F.A.C., respectively.
Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441(1)(b), 985.48 FS. History–New 9-30-07, Amended__________.
63E-7.002 Definitions.
For the purpose of this rule chapter, the following words shall have the meanings indicated.
(1) Accountability – Refers to a youth taking personal responsibility for his or her actions and harm caused to others, making amends or restoring loss to those harmed, and changing behavior to reduce future harm and victimization.
(2)(1) Admission – The admitting of a youth, committed by the court, into a specific residential commitment facility.
(3)(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.
(4)(3) Apology letter – A youth’s letter to the victim of his or her crime, or the next of kin in cases of homicide, or the parent or legal guardian in cases involving minor victims, in which the youth acknowledges personal accountability for the harm he or she caused the victim, as well as sincerely expresses remorse.
(5)(4) Assessment – An evaluation of the youth to determine delinquency intervention and treatment needs. A residential commitment program’s assessment process is a gender-specific, comprehensive assessment of a youth that is based on the systematic review of all existing information and updated information secured through interviews and assessment tools. The assessment process identifies risk factors and protective factors, including the youth’s strengths, and culminates in prioritization of the youth’s criminogenic needs.
(6)(5) Authority for Evaluation and Treatment (AET) or Authority for Evaluation and Treatment For Youth Over 18 Years of Age – The document that, when signed by a parent or guardian if the youth is 18 years or younger or signed by the youth if he or she is over 18 years of age, gives the department the authority to assume responsibility for the provision of necessary and appropriate physical and mental health care to a youth in the department’s physical custody. The Authority for Evaluation and Treatment (HS 002, May 2007) is and the Authority for Evaluation and Treatment For Youth Over 18 Years of Age (HS 003, May 2007) are incorporated into this rule and is are accessible electronically at http://www.djj.state.fl.us/forms/health_services_forms_index.html.
(6) Balanced Approach to Restorative Justice (BARJ) – A blueprint for putting the restorative justice philosophy into practice that involves active participation of victims, the community, and youthful offenders. The BARJ approach focuses on accountability to victims and the community, competency development, and community safety.
(a) Accountability – Refers to a youth taking personal responsibility for his or her actions and harm caused to others, making amends or restoring loss to those harmed, and changing behavior to reduce future harm and victimization.
(b) Competency Development – Refers to opportunities for youth to obtain and practice social, vocational, employability, academic, and other life skills so he or she is more capable of living responsibly and productively in the community upon release from a residential commitment program.
(c) Community Safety – Refers to a physically and emotionally safe environment or condition that exists when a community manages behavior so that its members live in peace and mutual respect, with minimal threat of victimization and harm. A residential commitment program promotes community safety by:
1. Implementing strategies that focus on the short-term external control of youth to reduce immediate or imminent risk of harm; and
2. Developing youths’ capacity to manage their behavior to deter future victimization.
(7) Case Management Process – Refers to the process a residential commitment program uses to assess a youth, develop goals to address the youth’s prioritized criminogenic risks and needs, review and report the youth’s progress, and plan for the youth’s transition to the community upon release. This process is implemented within the context of BARJ that focuses on accountability, competency development and community safety.
(8) Central Communications Center (CCC) – A 24-hour 7-day per week system to which incidents occurring at department or contract operated facilities or programs are reported.
(9) Classification and Placement Administration – The Department’s unit responsible for providing statewide direction and oversight responsibilities to regional placement supervisors and their commitment staff.
(10) Commitment Manager – A department employee responsible for coordinating the placement of youth in residential commitment programs with the department’s Classification and Placement Administration and the programs.
(11) Commitment/Transfer Packet – A compilation of legal, medical, mental health, substance abuse, and social history documents provided to a residential commitment program for each youth admitted to the program.
(12) Commitment/Transfer Packet Checklist – A checklist to ensure that documents needed for an admission, including a transfer, to a residential commitment program are included in the Commitment/Transfer Packet. The Commitment/Transfer Packet Checklist (JJ/IS Form 20, September 2006) is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(13) Community Safety – Refers to a physically and emotionally safe environment or condition that exists when a community manages behavior so that its members live in peace and mutual respect, with minimal threat of victimization and harm. A residential commitment program promotes community safety by:
1. Implementing strategies that focus on the short-term external control of youth to reduce immediate or imminent risk of harm; and
2. Developing youths’ capacity to manage their behavior to deter future victimization.
(14)(13) Community Service – A structured public service activity wherein youth contribute to the community and make amends, while developing community awareness and skill competencies.
(15) Competency Development – Refers to opportunities for youth to obtain and practice social, vocational, employability, academic, and other life skills so he or she is more capable of living responsibly and productively in the community upon release from a residential commitment program.
(16)(14) Comprehensive Physical Assessment – A comprehensive physical assessment (exam) performed by a physician (MD), osteopathic physician (DO), physician’s assistant (PA), or advanced registered nurse practitioner (ARNP). The purpose of this assessment is the establishment of a data point which is used to facilitate the following:
(a) Identification and treatment of acute, chronic, and functional medical and dental problems;
(b) Promotion of growth and development;
(c) Prevention of communicable diseases; and
(d) Provision of health education.
(17)(15) Conflict Resolution – A dialogue process wherein all parties involved in a conflict feel safe and have a chance to be heard while working out differences and reaching a reasonable and fair agreement.
(18)(16) Continuity of Operations Plan (COOP) – For purposes of this rule, a plan that provides for the continuity of mission-essential functions of a residential commitment program in the event an emergency prevents occupancy of its primary physical plant or facility.
(19)(17) Contracted Provider – An entity contractually providing juvenile services to the department.
(20)(18) Controlled Observation – An immediate, short-term strategy, not intended as punishment or discipline, wherein a youth in a residential commitment program is placed in a safe and secure room in response to a sudden or unforeseen onset of behavior that substantially threatens the physical safety of others, creating a volatile situation that requires staff to quickly regain control to avert serious injuries, security breaches, or major property destruction.
(a) The Controlled Observation Report (RS 001, June 2008 September 2006), that documents the approval, use and administrative review of each use of controlled observation, is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(b) The Controlled Observation Safety Checks form (RS 002, June 2008 September 2006), that documents monitoring of youth and their behavior while placed in controlled observation, is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_ rule63E_forms.html.
(21)(19) Criminogenic – Refers to the factors or characteristics found in empirical research studies to be predictors of delinquency and recidivism.
(22) Criminogenic Assessment Tool – An assessment tool that is based on factors demonstrated in empirical research to have strong predictive and context validity relative to delinquency, criminogenic need and recidivism and that have been validated and normed on the population to which the instrument is administered.
(23) Delinquency Intervention Services – Those services implemented or delivered by program staff to address youths’ performance plan goals.
(24)(20) Designated Health Authority – The individual who is responsible for the provision of necessary and appropriate health care to youth in a residential commitment program. Individual Designated Health Authorities must be a physician (MD) or osteopathic physician (DO) who holds a clear and active license pursuant to Chapter 458 or Chapter 459, F.S., respectively, and meets all requirements to practice independently in the State of Florida.
(25)(21) Designated Mental Health Authority – A licensed mental health professional who is a psychiatrist licensed pursuant to Chapter 458 or 459, F.S., psychologist licensed pursuant to Chapter 490, F.S., mental health counselor, clinical social worker, or marriage and family therapist licensed pursuant to Chapter 491, F.S., or psychiatric nurse as defined in Section 394.455(23), F.S., who, through employment or contract, is designated as accountable to the facility superintendent for ensuring appropriate coordination and implementation of mental health and substance abuse services in a departmental facility or program.
(26)(22) Direct-Care Staff – An employee whose primary job responsibility is to provide care, custody, and control of youth committed to a residential commitment program. This definition includes those who directly supervise staff responsible for the daily care, custody, and control of youth.
(27)(23) Disaster Plan – A plan that addresses a residential commitment program’s response to potential disaster or emergency situations.
(28)(24) Discharge – The release of a youth from a residential commitment program who is no longer under the jurisdiction of the court.
(29)(25) DJJ ID Number – A number generated by the Juvenile Justice Information System (JJIS) that is used to identify each youth entered into JJIS.
(30)(26) Evidence-based Delinquency Interventions Treatment and Practices – Interventions Treatment and practices, which have been independently evaluated and found to reduce the likelihood of recidivism or at least two criminogenic needs, with a juvenile offending population. The evaluation must have used sound methodology, including, but not limited to, random assignment, use of control groups or matched comparison 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.
(31)(27) Exit Conference – A conference that a residential commitment program conducts at least 14 days prior to a youth’s targeted release date, wherein the youth, residential program staff, the youth’s Juvenile Probation Officer and/or post-residential services counselor, the youth’s parent or guardian, and other pertinent parties, review the status of the youth’s transitional activities and finalize plans for the youth’s release and re-entry into the community.
(32)(28) Expedition Program – A wilderness based residential program for committed youth wherein the primary program component is a mobile environmental experience such as a canoe or hiking expedition.
(33)(29) Face Sheet – Youth specific demographic information that is generated by the department’s Juvenile Justice Information System (JJIS).
(34)(30) Facility Entry Physical Health Screening – A standardized initial health screening, conducted at the time of a youth’s admission or re-admission to each residential commitment program. The purpose of this screening is to ensure that the youth has no immediate health conditions or medical needs that require emergency services. The Facility Entry Physical Health Screening form (HS 010, May 2007), used to conduct and document the screening, is incorporated into this rule and is available electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(35)(31) Facility Entry Screening – The gathering of preliminary information used in determining a youth’s need for emergency services, further evaluation, assessment, or referral.
(36)(32) Grievance Procedure – A procedure for addressing youth grievances in residential commitment programs.
(37)(33) High-risk Restrictiveness Level – One of five statutorily authorized restrictiveness levels, defined in Section 985.03(44), F.S., to which courts commit youth to the department.
(38)(34) Home Visit – A court-approved, temporary release of a youth from a residential commitment program wherein the youth is under the care, supervision and control of a parent or guardian for a period not to exceed three days before returning to the program.
(a) The Home Visit Plan/Notification form (RS 003, September 2006), that notifies the committing court, the parent or guardian, the Juvenile Probation Officer, and other pertinent parties of a planned home visit and goals for the youth to accomplish during the visit, is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(b) The Home Visit Plan Approval form (RS 004, September 2006), that the program sends to the committing court with the Home Visit Plan/Notification form to secure the court’s approval for the home visit, is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(39)(35) Individual Healthcare Record – The unified cumulative collection of records, histories, assessments, treatments, diagnostic tests and other documents which relate to a youth’s medical, mental/behavioral, and dental health, and which have been obtained to facilitate care while the youth is in the custody of a detention center or residential commitment program or which document care provided while the youth is in the custody of these facilities.
(40)(36) Individual Management Record – The organized collection of records and documents that relate to a youth’s care, custody and treatment in a residential commitment program, with the exception of records relating to the youth’s medical, mental/behavioral, and dental health that comprise the youth’s individual healthcare record as defined in this rule.
(37) Institutional Review Board (IRB) Process – The department’s IRB reviews research proposals that seek access to departmental records or youth in the department’s care, custody, or under the department’s supervision. The board reviews all aspects of a research proposal and evaluates potential risks and benefits to participating juveniles and the department, as well as the researcher’s plan to diminish risks. Based on this evaluation, the IRB makes recommendations to the department’s Secretary or his or her designee who decides whether or not the proposal is approved.
(41) Intervention and Treatment Team – A multidisciplinary team responsible for implementing the case management process that focuses on planning for and ensuring delivery of coordinated delinquency intervention and treatment services to meet the youth’s prioritized needs. The team is comprised of the youth, representatives from the program’s administration and residential living unit, and others responsible for delinquency intervention and treatment services for the youth. Refer to the definition of case management process included in this rule section.
(42)(38) Involuntary Civil Commitment of Sexually Violent Predators: Refers to Sections 394.910 – 394.932, F.S., that sets forth the process that determines if individuals whose offense(s) has been of a sexual nature meet the statutory criteria for civil commitment to the Department of Children and Family Services.
(43)(39) Jimmy Ryce Act For Violent Sexual Offenders/Residential Program Notification Checklist – A checklist that a residential commitment program sends, along with supporting documents, to the youth’s Juvenile Probation Officer to be reviewed by the Department of Children and Family Services to determine eligibility for civil commitment as a sexually violent predator pursuant to Chapter 394, F.S. The Jimmy Ryce Act For Violent Sexual Offenders/Residential Program Notification Checklist form (DJJ/BCS Form 23, February 2005) is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(44)(40) Juvenile Justice Information System (JJIS) – The department’s electronic information system used to gather and store information on youth having contact with the department.
(45)(41) Juvenile Probation Officer (JPO) – Serves as the primary case manager for the purpose of managing, coordinating and monitoring the services provided and sanctions required for youth on probation, post-commitment probation or conditional release supervision. In this chapter, whenever a reference is made to the tasks and duties of a JPO, it shall also apply to case management staff of a provider agency contracted to perform these duties and tasks.
(46) Juvenile Sex Offender – A juvenile who has been found by the court under Section 985.35, F.S., to have committed a violation of Chapters 794, 796, and 800, Section 827.071 or Section 847.0133, F.S.
(47)(42) Length of Stay – Refers to the length of time a youth resides in a residential commitment program or to the designed length of stay for a particular residential commitment program, reflecting the anticipated time it will take most youth placed in the program to successfully complete it.
(48)(43) Licensed Mental Health Professional – A psychiatrist licensed pursuant to Chapter 458 or 459, F.S., who is board certified in Child and Adolescent Psychiatry or Psychiatry by the American Board of Psychiatry and Neurology or who has completed a training program in Psychiatry approved by the American Board of Psychiatry and Neurology for entrance into its certifying examination, a psychologist licensed pursuant to Chapter 490, F.S., a mental health counselor, marriage and family therapist, or clinical social worker licensed pursuant to Chapter 491, F.S., or a psychiatric nurse as defined in Section 394.455, F.S.
(49)(44) Low-risk Restrictiveness Level – One of five statutorily authorized restrictiveness levels, defined in Section 985.03(44), F.S., to which courts commit youth to the department.
(50)(45) 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.
(51)(46) Maximum-risk Restrictiveness Level – One of five statutorily authorized restrictiveness levels, defined in Section 985.03(44), F.S., to which courts commit youth to the department.
(52)(47) Moderate-risk Restrictiveness Level – One of five statutorily authorized restrictiveness levels, defined in Section 985.03(44), F.S., to which courts commit youth to the department.
(48) Nationally Validated Criminogenic Assessment Tool – An assessment tool that has been demonstrated in national, empirical peer-reviewed research literature to have strong predictive and context validity relative to delinquency and recidivism and that has been validated and normed on the population to whom the instrument is administered.
(53)(49) Notification of Escape – A form used by a residential commitment program to notify law enforcement and the department when a youth escapes or absconds and is away from the facility premises without permission. It provides youth-specific information that might be helpful in locating the youth. The Notification of Escape form (RS 005, September 2006) is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(54)(50) Notification of Transfer Staffing – A form letter that a residential commitment program uses to notify a youth’s parent or guardian that a transfer staffing or conference has been scheduled to address the youth’s potential transfer to another program. The Notification of Transfer Staffing form (RS 006, September 2006) is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(55)(51) Official Youth Case Record – A case record, comprised of the individual management record and the individual healthcare record, that a residential commitment program maintains on each youth.
(56)(52) Off-campus Activity – Any activity that involves youth leaving the residential commitment program’s premises.
(57)(53) Orientation – The process that begins within 24 hours of the youth’s admission whereby facility staff inform the youth of the rules, expectations, services, and goals of the residential program.
(58)(54) Performance Plan – A youth’s individualized plan that addresses needed delinquency interventions identified through the assessment process and includes his or her criminogenic risks and needs through measurable goals that the youth is expected to achieve prior to release from a residential commitment program. Any treatment service as defined in this rule section is addressed in a separate treatment plan.
(59)(55) Performance Summary – A written document used to inform the youth, committing court, the youth’s JPO, parent or guardian, and other pertinent parties of the youth’s performance in the program, including status of and progress toward performance plan goals, academic status, behavior and adjustment to the program, significant incidents (positive and negative), and justification for a request for release, discharge or transfer, if applicable. The Performance Summary form (RS 007, September 2006) is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(60)(56) Physically Secure – The use of hardware security devices, such as security fences and locks, to ensure that all facility entrances and exits of a residential commitment program are under the exclusive control of program staff, preventing youth from leaving the program without permission.
(61)(57) Positive Achievement Change Tool (PACT) – A JJIS web-based assessment tool that is scored automatically to determine the risk of a youth to reoffend. The PACT, incorporated into Chapter 63D-5, F.A.C., uses a series of risk factors such as antisocial attitudes, delinquent peers, impulsivity, substance abuse, mental illness or family history that have proven to be related to future offending. As progress is made in the problem areas specific to each child, the PACT is used to calculate and document how the risk level has increased or decreased over time.
(62)(58) Post-residential Services Counselor – The person supervising the youth’s post-commitment probation or conditional release after the youth’s release or discharge from a residential commitment program.
(63) Practices with Demonstrated Effectiveness – Practices based on general principles, strategies, and modalities reported in criminological, psychological, or other social science research as being effective with a juvenile offending population. These practices must be outlined in a format that ensures consistent delivery by the facilitator across multiple groups.
(64)(59) Predisposition Report (PDR) – Pursuant to Rule 63D-1.002, F.A.C., a multidisciplinary assessment reporting the youth’s needs, recommendations as to a classification of risk for the youth in the context of his or her program and supervision needs, and a plan for treatment that recommends the most appropriate placement setting to meet the youth’s needs with the minimum program security that reasonably ensures public safety.
(65)(60) Pre-Release Notification and Acknowledgement – A three-part form initiated by a residential commitment program to give prior notification to the JPO of a youth’s planned release, then allows for the JPO to add additional information pertinent to the release, and finally allows for the court’s approval of the release. The Pre-Release Notification and Acknowledgement form (RS 008, September 2006) is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(66)(61) Program Director – The on-site administrator of a residential commitment program, whether state or privately operated, who is accountable for the on-site operation of the program.
(67)(62) Protective Action Response (PAR) – As defined in Rule 63H-1.002, F.A.C.
(68)(63) Protective Action Response (PAR) Certification – As defined in Rule 63H-1.002, F.A.C.
(69) Residential Services Management System (RSMS) – A web-based component of JJIS and software application designed to store information pertaining to each residential commitment program’s performance that, in the case of a contracted program, reflects the program’s compliance with their contract terms and conditions.
(70)(64) Release – Refers to when a youth re-enters his or her home community after successfully completing and exiting a residential commitment program.
(71)(65) Request for Notification When Youth Is Ready for Release – This form is completed by a residential commitment program and provided to law enforcement when a youth is removed from the program for incarceration in a county jail. The Request for Notification When Youth is Ready for Release form (RS 009, September 2006) is incorporated into this rule and is available electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(72)(66) Request for Transfer – A form initiated by a residential commitment program to request and justify a transfer of a youth to another program and that allows for approval of the request by a transfer administrator designated by the department. The Request for Transfer form (RS 010, September 2006) is incorporated into this rule and is available electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(73)(67) Residential Commitment Program – A low-risk, moderate-risk, high-risk, or maximum-risk residential delinquency program for committed youth. Although serious habitual offender programs, intensive residential treatment programs, sex offender programs, sheriff’s training and respect programs, and expedition programs are considered residential commitment programs, for purposes of this chapter of this rule, they are excluded.
(74)(43) Residential Community – The community within a residential commitment program comprised of its youth, staff, and other service providers.
(75)(69) Responsivity – Refers to a youth’s amenability to treatment and the capacity to respond to programming due to his or her characteristics, such as gender, mental health status, physical health status, cognitive performance, age, and prior victimization.
(76)(70) Restitution – The court-ordered requirement that an adjudicated youth financially compensate his or her crime victim in cash or through performance of a beneficial service.
(77)(71) Restrictiveness Level – As defined in Section 985.03, F.S.
(78)(72) Sexually Violent Predator (SVP) – As defined in Section 394.912, F.S. For purposes of this chapter of this rule, SVP eligible refers to a youth being subject to the requirements of Sections 394.910 – 394.932, F.S.
(79)(73) Staff Secure – The provision of 24-hour awake supervision in a residential commitment program, with staffing levels sufficient to preclude the need for physical security features, such as security fences and locks.
(80)(74) Temporary Release – As defined in Section 985.03, F.S.
(81)(75) Transfer – For purposes of this rule, the movement of a youth from one residential commitment program to another, at the same, lower or higher restrictiveness level.
(82)(76) Transition Conference – A conference, conducted at least 60 days prior to a youth’s anticipated release from a residential commitment program, wherein the youth, residential program staff, the youth’s JPO and/or post-residential services counselor, and the youth’s parent or guardian establish transition activities, with accompanying responsibilities and timelines, to facilitate the youth’s successful release and reintegration into the community.
(83)(77) Transition Planning – The process of establishing transition activities to facilitate a youth’s successful release from a residential commitment program and reintegration into the community.
(84) Treatment Plan – For purposes of this rule chapter, a written guide that structures the focus of a youth’s short-term or ongoing treatment services in the areas of mental health, substance abuse, developmental disability or physical health services.
(85) Treatment Services – Services delivered by clinicians in accordance with a mental health, substance abuse, physical health, or developmental disability treatment plan. This includes implementation of any curriculum specifically designed to be delivered by clinicians.
(78) Treatment Team – A multidisciplinary team, comprised of representatives from the program’s administrative, educational, vocational, residential, medical, mental health, substance abuse, and counseling components, which assesses each youth to identify needs and risk factors, develops rehabilitative treatment goals, ensures service delivery, and assesses and reports the youth’s progress. The youth is a member of the treatment team.
(86)(79) Victim – A person who suffers physical, financial or emotional harm as a result of a crime and who is identified on a law enforcement victim notification card, a police report, or other official court record as a victim.
(87)(80) Victim Notification of Release – A letter that a residential commitment program sends to the victim, or the next of kin in cases of homicide, or the parent or legal guardian in cases involving minor victims, prior to any discharge or release, including a temporary release, of a youth whose committing offense meets the criteria for victim notification pursuant to Chapter 960, F.S. The Victim Notification of Release form (RS 011, September 2006) is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(81) Victim Speaker – A victim of a crime who speaks to others about a personal experience as a crime victim and its impact on his or her life.
Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441(1)(b) FS. History– New 9-30-07, Amended__________.
63E-7.004 Youth Intake.
(1) through (7) No change.
(8) Based on a review of all documentation and interactions with a newly admitted youth, a residential commitment program shall classify the youth for purposes of assigning to a room or living area. Factors to consider when classifying the youth shall include, at a minimum but are not limited to, physical characteristics including sex, height, weight and general physical stature, gender, age and maturity, size, physical or mental health problems, identified special needs, including mental, developmental or intellectual, and physical disabilities, history of violence, criminal behavior, or sexual aggression or vulnerability to victimization, security risks, identified or suspected risk factors such as medical, suicide, and escape or security risks, and gang affiliations and skill levels.
(9) through (11) No change.
Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441(1)(b) FS. History– New 9-30-07, Amended__________.
63E-7.008 Facility and Food Services.
(1) through (5) No change.
(6) The siting of any new facility or structure for the purpose of operating a residential commitment program shall be in accordance with the following:
(a) Local zoning codes and ordinances per Section 125.01, F.S.;
(b) Provisions as specified in Rule Title 62, F.A.C., pertaining to new construction and site development;
(c) Florida Building Code and Florida Fire Prevention Code pursuant to Section 125.56, F.S.;
(d) Office of State Fire Marshall requirements for new construction pursuant to Section 633.01, F.S.;
(e) Provisions as outlined in Section 985.03(44), F.S., based on the restrictiveness level of the program; and
(f) Additional minimum requirements to include:
1. Sleeping quarters.
a. 35 square feet unencumbered space, defined as usable space that is not encumbered by furnishings or fixtures, per youth in the sleeping quarters, with at least one dimension of the unencumbered space no less than seven feet;
b. One partition for every four youth in shared sleeping areas; and
c. A bed, a mattress that meets the national fire safety performance requirements, a pillow, a desk, a chair or stool, and personal storage space for every youth.
2. 35 square feet per youth for dayroom and multi-purpose room activities;
3. 50 square feet outdoor recreational space per youth;
4. 56.25 square feet per youth for rooms used for educational purposes, with a classroom size based on a maximum of 16 youth;
5. Natural and artificial light to accommodate daily activities of the program;
6. Heating and air conditioning equipment with the capacity to maintain indoor temperatures between 68 and 75 degrees Fahrenheit;
7. Space to accommodate dining, individual counseling, group meetings and other activities involving youth and staff that are integral to the program design; and
8. A closed circuit television system that includes but is not limited to, a color digital recording device. The digital video recorder (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, and be capable of remote viewing. Programs with 15 beds or more must have a minimum of 16 camera inputs, and be capable of remote viewing. All equipment must be surge protected and have a universal surge protector backup and be connected to an emergency power supply.
(7) Any facility, building or structure newly leased for the purpose of operating a residential commitment program or any facility or structure whose usage is being changed to house a residential commitment program shall be in accordance with paragraphs 63E-7.008(6)(a), 63E-7.008(6)(c), 63E-7.008(6)(e) and, for programs with 15 beds or more, 63E-7.008(6)(f) and 7.008(6)(e)-(f), F.A.C. Additionally, newly leased facilities shall be in accordance with the Office of State Fire Marshall requirements for leased space as specified in Section 633.01, F.S.
(8) through (12) No change.
Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441(1)(b) FS. History– New 12-24-07, Amended__________.
63E-7.009 Behavior Management.
(1) Consistent with its approach to treatment and delinquency intervention treatment approach, a residential commitment program shall establish a behavior management system, utilizing practices with demonstrated effectiveness evidence-based techniques, that is responsive to the unique characteristics of the program’s population. Only someone with training or experience in behavior management techniques or systems shall develop or modify a program’s behavior management system. A program’s behavior management system shall foster accountability for behavior and compliance with the residential community’s rules and expectations.
(2) A residential commitment program’s behavior management system shall be described in writing and designed to:
(a) Maintain order and security;
(b) Promote safety, respect, fairness, and protection of rights within the residential community;
(c) Provide constructive discipline and a system of positive and negative logical consequences to encourage youth to meet expectations for behavior;
(d) Provide opportunities for positive reinforcement and recognition for accomplishments and positive behaviors;
(e) Promote socially acceptable means for youth to meet their needs;
(f) Include a process that addresses the following and is conducted in a manner that accommodates the cognitive capacity of individual youth:
1. Staff explain to the youth the reason for any sanction imposed;
2. The youth is given an opportunity to explain his or her behavior; and
3. Staff and the youth discuss the behavior’s impact on others, reasonable reparations for harm caused to others, and alternative acceptable behaviors;
(g) Promote dialogue and peaceful conflict resolution;
(h) Minimize separation of youth from the general population; and
(i) Complement the performance planning process, including coordination with any individual behavior plan when applicable. A copy of an individual behavior plan for any youth who has been identified as a client of the Agency for Persons with Disabilities will be provided to that agency.
(3) through (4) No change.
(5) A moderate-risk, high-risk, or maximum-risk residential commitment program with a bed capacity of 50 beds or more may designate a living unit within the facility as a behavior management unit. The purpose of a behavior management unit is to provide a delinquency intervention and a treatment environment that provides opportunities for youth to make positive changes in behavior that will facilitate progress in his or her overall treatment in the program. Any behavior management unit shall be designed and operated as follows:
(a) The program shall document the following before a youth is placed in a behavior management unit:
1. The youth continues to demonstrate a pattern of maladaptive behavior that is highly disruptive to his or her responsivity to delinquency interventions and treatment, as well as other youths’ ongoing rehabilitation treatment, after the program has documented attempts to address the behavior using less restrictive alternative intervention strategies that have proven to be ineffective;
2. The youth is assessed and it is determined that he or she is not a danger to self and there are no identified mental health, physical health or other factors that contraindicate placement; and
3. At least two members of the youth’s intervention and treatment team recommends the youth’s placement in the behavior management unit, and the program director approves the placement or, in his or her absence, a program management level staff person designated by the program director grants approval.
(b) A behavior management unit’s bed capacity shall not exceed 15. The unit may be secure with locking exit doors, but shall not be comprised of secure rooms wherein youth placed in the unit are kept in lock-down status. Sleeping rooms for youth shall have a minimum of 35 square feet of unencumbered space and shall meet the following specifications:
1. Solid core hardwood or metal door with a shatter-resistant observation window;
2. Vents not easily accessible from the toilet, sink or bed that are covered with small mesh or a metal plate (holes no larger than 3/16 inch) with no edges exposed;
3. A mattress that meets national fire safety performance requirements and that is suitable for use on the floor or a suicide-resistant bed;
4. Recessed light fixtures covered with shatter-resistant material or alternative lighting reviewed and approved by the department;
5. Shatter-resistant windows or, if glass windows that are not shatter resistant, covered with security-rated screens or other materials that prevent access to the glass;
6. No electrical outlets; and
7. Electrical switches located outside the sleeping rooms or covered and secured if located inside the rooms.
(c) The staff-to-youth ratio in a behavior management unit shall be at least that provided in the general population and sufficient to operate the unit safely and securely. Staff whose regular assignment is to work in the behavior management unit shall be trained in implementation of the program’s behavior management system, as well as specific intervention strategies as needed to implement the behavioral goals for each youth in the unit.
(d) The unit shall provide an intervention and treatment environment that focuses specifically on youths’ maladaptive behavior and provides opportunities for the youth to make positive changes in behavior that facilitate progress in their overall rehabilitation treatment. Additionally, the program shall provide basic rights, care and services to any youth in a behavior management unit consistent with the other sections of this rule chapter.
(e) Consistent with the cognitive capacity of each youth placed in the behavior management unit, staff shall engage the youth in a process as follows:
1. Staff shall discuss with the youth the pattern of maladaptive behavior that resulted in placement in the behavior management unit, as well as the consequences of behavior, alternative acceptable behaviors, harm caused to others as a result of the maladaptive behavior and possible reparations.
2. Staff shall advise the youth that release from the behavior management unit is based upon his or her achievement of short-term goals established by the treatment team to address maladaptive behavior. Staff shall also explain that making positive behavior changes while in the behavior management unit will help him or her progress in the overall program.
(f) Reviews and Release.
1. The youth’s intervention and treatment team shall review the case within 72 hours of the youth being placed in a behavior management unit. If the treatment team decides to continue the youth’s placement in the unit, they team shall develop short-term goals to assist the youth with accountability for behavior and changing or controlling maladaptive behaviors. The youth shall be present when the intervention and treatment team meets and be given an opportunity to give input.
2. Release from the behavior management unit is contingent upon a youth’s completion of his or her behavioral goals. While the youth is in the behavior management unit, the intervention and treatment team may revise the youth’s behavioral goals to assist him or her in changing the targeted pattern of maladaptive behavior and facilitate release from the unit.
3. If the youth remains in the behavior management unit for 14 days, the intervention and treatment team shall review the youth’s progress in attaining the short-term goals to determine whether the youth is to be released or placement continued.
4. Every 72 hours that the youth remains in the behavior management unit after the 14-day review, the intervention and treatment team shall review the youth’s progress toward meeting his or her behavioral goals and recommend continued placement or release. At this stage, continued placement requires approval of the program director or, in his or her absence, a management level staff person designated by the program director.
5. If possible, the youth shall participate in all intervention and treatment team reviews, but if not, a representative of the treatment team shall discuss review findings with the youth.
6. The program director or, in his or her absence, a management level staff person designated by the program director, may approve release of a youth from the behavior management unit at any time it is determined that continued placement would be detrimental to the youth’s well being.
(g) Mechanical restraints may be used in the behavior management unit only as a last resort and any use shall be pursuant to Rule 63H-1.005, F.A.C., and documented pursuant to Rule 63H-1.007, F.A.C.
(h) A program with a behavior management unit shall establish a system of documentation and record maintenance to include, at a minimum, the following:
1. Ongoing log of placements, including the name of each youth placed, date of placement, date of release, and the name of the program director or designee who approved the placement;
2. Documentation of intervention and treatment team meetings and reviews while the youth is in the behavior management unit, including initial short-term goals and any subsequent modifications, review date and signatures of participants, description of the youth’s progress, and recommendations; and
3. Documentation of the program director’s or his or her designee’s approval of a recommendation for continued placement resulting from any 72-hour review conducted after the youth’s 14th day in the unit.
Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441(1)(b) FS. History– New 12-24-07, Amended__________.
63E-7.012 Transfer, Release and Discharge.
(1) No change.
(2) Release.
(a) through (b) No change.
(c) In addition to complying with the provisions of paragraph (2)(a) or (2)(b) of this section of this rule chapter, when planning for the release of any sex offender who is identified on his or her commitment packet as being subject to registration requirements pursuant to Section 943.0435, F.S., a residential commitment program shall take a digitized photograph of the youth within 60 days prior to release. Prior to the youth’s release, the program shall provide the digitized photograph to the youth’s JPO or, if there is a web camera, the program shall download the youth’s photograph into JJIS for inclusion in the youth’s file.
(3) through (5) No change.
Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441(1)(b) FS. History– New 1-3-08, Amended__________.
63E-7.013 Safety and Security.
(1) through (6) No change.
(7) Classification of Youth. A residential commitment program shall establish a classification system that promotes safety and security, as well as effective delivery of treatment services, based on determination of each youth’s individual needs and risk factors, that addresses, at a minimum, the following:
(a) Classification factors to include, at a minimum, the following:
1. Physical characteristics, including sex, height, weight, and general physical stature;
2. Age and maturity level;
3. Identified special needs, including mental, developmental or intellectual, and physical disabilities;
4. History of violence Seriousness of the current offense, including whether or not the offense was against person or property;
5. Gang affiliations Prior delinquent history and background, including gang affiliation, if applicable;
6. Criminal behavior Current or past involvement in assaultive or aggressive behavior, sexual misconduct, or demonstration of emotional disturbance; and
7. Sexual aggression or vulnerability to victimization; and
8.7. Identified or suspected risk factors, such as medical, suicide, and escape or security risks;
(b) Initial classification of each newly admitted youth for the purpose of assigning him or her to a living unit, sleeping room, and youth group or staff advisor;
(c) Reassessment of a youth’s needs and risk factors and reclassification, if warranted, prior to considering:
1. An increase in the youth’s privileges or freedom of movement;
2. The youth’s participation in work projects or other activities that involve tools or instruments that may be used as potential weapons or means of escape; and
3. The youth’s participation in any off-campus activity; and
(d) A continually updated, internal alert system that is easily accessible to program staff and keeps them alerted about youth who are security or safety risks, including escape risks, suicide or other mental health risks, medical risks, sexual predator risks, and other assaultive or violent behavior risks. The program shall design and implement this system to reduce risks by alerting program staff when there is a need for specific follow-up or precautionary measures or more vigilant or increased levels of observation or supervision, and by assisting staff when making treatment or safety and security decisions. Although a direct care, supervisory, or clinical staff may place a youth on alert status if he or she meets the criteria for inclusion in the program’s alert system, only the following may recommend downgrading or discontinuing a youth’s alert status:
1. A licensed mental health professional or mental health clinical staff person for suicide risks or other mental health alerts;
2. A medical staff person for medical alerts upon verification that the health condition or situation no longer exists; or
3. The program director, assistant program director, or on-site supervisor for security alerts.
(8) through (16) No change.
(17) Escapes. For purposes of this rule, the definition of escape is consistent with Section 985.721, F.S.
(a) When a youth escapes from the facility or escapes from supervised activities away from the facility or while in transit to and from such activities, the program shall report the incident by telephone to law enforcement and the department’s Central Communications Center immediately or within a timeframe not to exceed two hours of becoming aware of the escape. The program shall notify the youth’s parent or guardian immediately or as soon as is practicable thereafter, with the first attempt at notification being made within a timeframe not to exceed two hours of becoming aware of the escape. Additionally, the program shall telefax the completed Notification of Escape form to the following persons or entities as soon as practicable or within a timeframe not to exceed four hours:
1. Local law enforcement agency having jurisdiction over the locale where the program is sited;
2. The state attorney in the jurisdiction where the delinquency petition was filed;
3. The sentencing judge;
4. The department’s residential regional director or designee;
5. The youth’s JPO or his or her supervisor; and
6. The youth’s parents or legal guardian; and
6.7. Detention screening.
(b) The program shall maintain a separate log that documents each notification, including each person contacted, the date and time of contact, and the program staff making the contact. In addition, all pertinent information relating to the escape shall be documented in the program’s daily logbook and the youth’s individual management record.
(c) If law enforcement declines to accept a report alleging that a youth has committed the felony offense of escape, the program shall notify the youth’s JPO or his or her supervisor who will request the court of jurisdiction to issue an order to take the youth into custody.
(d) If the youth is not apprehended within 48 hours of the escape, the program shall release the youth from the program in the department’s JJIS Bed Management System or, if the program does not have direct access to JJIS, shall notify the department’s regional commitment manager via telephone.
(e) As soon as possible after the program becomes aware of the youth’s apprehension, the program shall advise all parties whom they previously notified of the escape.
(f) The program shall review circumstances pertinent to an escape within 48 hours, cooperate with the department in any review or investigatory activities following an escape, and implement corrective actions as needed to prevent future escapes.
(g) If a youth absconds while on temporary release status and does not return to the program as expected, the program shall contact:
1. The youth’s family within four hours of becoming aware of the event to request their assistance in facilitating the youth’s return to the program; and
2. The youth’s JPO or his or her supervisor to request their assistance in facilitating the youth’s return or to expedite issuance of a pick-up order. The program shall make this contact as soon as is practicable, but no later than the end of the same workday in which the program becomes aware of the event if it falls within the traditional workweek or, if not, before the end of the next traditional workday.
(18) through (22) No change.
Specific Authority 985.64 FS. Law Implemented 985.601(3)(a), 985.441(1)(b), 985.03(44) FS. History–New 4-13-08, Amended__________.
63E-7.016 Program Administration.
(1) through (2) No change.
(3) A residential commitment program’s written description shall, at a minimum, address the following:
(a) The program’s delinquency intervention strategy and, if specialized services are provided, the treatment model approach;
(b) Services the program provides; and
(c) The program’s service delivery system.
(4) through (7) No change.
(8) A residential commitment program shall update information in the department’s Juvenile Justice Information System (JJIS) as follows:
(a) Updates to the Bed Management System to include:
1. Any youth admission, transfer, release or discharge within 24 hours of the event; and
2. Placement of any youth on inactive status within 48 hours of an escape or admission to a juvenile detention center or jail; and
(b) Updates in the Residential Services Monitoring System (RSMS), a web-based component of JJIS and software application designed to store information pertaining to each residential commitment program’s performance that, in the case of a contracted program, reflects the program’s compliance with their contract terms and conditions.
(9) through (14) No change.
Specific Authority 985.64 FS. Law Implemented 985.601(3)(a) FS. History–New 4-13-08, Amended__________.