Notice of Proposed Rule

DEPARTMENT OF JUVENILE JUSTICE
Probation
RULE NO: RULE TITLE
63D-1.001: Purpose and Scope
63D-1.002: Preliminary Screening
63D-1.003: Comprehensive Assessment
63D-1.004: Documentation
63D-1.005: Documentation
PURPOSE AND EFFECT: The proposed rule describes the uniform procedures performed upon intake for the preliminary screening and comprehensive assessment of youth.
SUMMARY: The proposed rule describes the means by which youth who have been taken into custody receive preliminary screening for substance abuse and mental health problems, the standards and requirements governing further assessment and evaluations, and the documentation of results.
SUMMARY 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, 985.405, 985.21 FS.
LAW IMPLEMENTED: 985.21 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):
TIME AND DATE: October 2, 2006, 10:00 a.m.
PLACE: DJJ Headquarters, Knight Building, Conference Room 108, 2737 Centerview Drive, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Clyde Benedix, Policy Development Officer, Department of Juvenile Justice, Office of Deputy Secretary, 2737 Centerview Drive, Ste. 312I, Tallahassee, FL 32399-3100, phone number (850)921-4116

THE FULL TEXT OF THE PROPOSED RULE IS:

63D-1.001 Purpose and Scope.

The rule establishes uniform procedures performed upon intake for conducting and documenting the preliminary screening and comprehensive assessment of children in order to assist the juvenile probation officer in providing the most appropriate services and recommendations in the least intrusive manner.

Specific Authority 985.21, 985.405 FS. Law Implemented 985.21(1), (4) FS. History–New__________.

 

63D-1.002 Definitions.

For the purpose of this chapter, the following words, unless the context does not permit, shall have the meanings indicated:

(1) Comprehensive Assessment – The gathering of information for the evaluation of a youth’s physical, psychological, educational, vocational, social condition and family environment as they relate to the youth’s need for rehabilitative and treatment services, including substance abuse treatment services, literacy services, medical services, family services, and other specialized services, as appropriate.

(2) Comprehensive Evaluation – The gathering of information addressing physical health, mental health, substance abuse, academic, educational, or vocational problems of a youth for whom a residential commitment disposition is anticipated, which is summarized in the youth’s predisposition report.

(3) Predisposition Report – A multidisciplinary assessment reporting the youth’s priority 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.

(4) Preliminary Screening – The gathering of preliminary information to be used to determine a youth’s need for further evaluation or assessment or for referral for other substance abuse services through means such as psychosocial interviews, urine and breathalyzer screenings, and reviews of available educational, delinquency, and dependency records of the youth.

Specific Authority 985.21, 985.405 FS. Law Implemented 985.21(1), (4) FS. History–New__________.

 

63D-1.003 Preliminary Screening.

(1) The juvenile probation officer (JPO) or contracted intake screener shall conduct a preliminary screening on all youth charged with a criminal or delinquent offense, using the Positive Achievement Change Tool (PACT), which is the department-approved screening instrument. The PACT uses a series of risk factors that may indicate the presence of a substance abuse or mental health problem. The PACT is completed while screening a youth for detention eligibility, or during the initial intake conference if the youth was detention screened after hours. The Positive Achievement Change Tool (PACT) (8-27-06) is incorporated, and is available from the Assistant Secretary for Probation and Community Corrections at 2737 Centerview Dr., Suite 105, Tallahassee, FL 32399-3100.

(2) The PACT screening instrument is in the Juvenile Justice Information System (JJIS) web-based forms package and is scored automatically to determine the need for further assessments. The screening instrument must be completed in the JJIS. All juvenile assessment centers shall have access to JJIS. If there is no access to JJIS at the time of the screening or intake conference, the PACT screening instrument may be completed and scored by hand. However, the screening instrument must be entered in JJIS within 24 hours after the screening.

(3) The JPO or contracted intake screener administering the PACT screening instrument shall use the score on the PACT screening instrument to determine whether a referral for further assessment or immediate attention must be made. The screener must refer youths directly to the designated assessment provider(s) for the comprehensive assessment.

(4) If the youth is to be released to his or her parents, the parents must be informed of the results of the PACT screening instrument and must be given information as to the location of the provider, the appointment time if one could be made, and the importance of delivering the youth for the follow-up appointment to complete any subsequent mental health or substance abuse assessment or any assessment of suicide risk.

(a) When the Suicide Ideation scale of the PACT screening instrument indicates further assessment is needed, or other information obtained at intake/admission suggests potential suicide risk, the youth must be immediately referred for an assessment of suicide risk and a comprehensive assessment. The assessment of suicide risk must be conducted within 24 hours unless the youth becomes unavailable. The JPO shall explain to the parent or responsible family member the importance of the assessment and the need to complete the assessment within 24 hours.

(b) If the PACT screening instrument score or treatment history indicates the need for further mental health or substance abuse assessment, the youth must be referred for comprehensive assessment.

(5) The screen is predominantly a self-report tool, and youth sometimes supply inaccurate information about themselves or their situation. The person conducting the PACT screening should use their own observations and those of collateral sources such as parents, agency staff, law enforcement or other informed persons who have knowledge of the youth’s behavior and condition. The PACT screening might calculate that no follow-up referral for further assessment is needed. Personal observations or collateral contacts can indicate that the youth’s response is a denial of a problem area. In those cases, despite the PACT screening instrument findings, a referral for further assessment must be recommended and documented.

(6) For detained youth, the PACT screening instrument results must be forwarded to the detention center where the youth is detained. The JPO must ensure that the detention center is informed of any youth who are to be detained and who are identified by the screening instrument, or identified through special circumstances or collateral information, as in need of crisis intervention/treatment or referral for assessment of suicide risk. The JPO is responsible for ensuring that detention staff are informed of the need for a referral for comprehensive assessment for detained youths.

(7) In all cases in which the PACT screening instrument screens the youth as needing further assessment, a referral shall be made by the JPO or intake screener and a copy of the PACT screening instrument results will be sent to the designated assessment contracted agent within the circuit. The JPO must advise the youth and family of the requirement for further assessment. The JPO must encourage the youth and family to cooperate with any further evaluations indicated by the PACT screening.

(8) If there is no indication of a substance abuse or mental health problem, the youth has no further involvement with the substance abuse and mental health screening process. The JPO must place the completed screening instrument results in the youth’s file.

Specific Authority 985.21, 985.405 FS. Law Implemented 985.21(1)(a)4.c., (4)(a) FS. History–New__________.

 

63D-1.004 Comprehensive Assessment.

(1) A comprehensive assessment may be completed using either:

(a) The Substance Abuse and Mental Health (SAMH-2 and SAMH-3) process in which an instrument specifically created by the Department of Children and Families is administered to youth in the DJJ system who, as a result of the preliminary screening process, are identified as having risk factors that require further evaluation, or

(b) An equivalent department-approved instrument.

(c) SAMH-2 (DJJ/PP Form 36, June 2000) and SAMH-3 (DJJ/PP Form 37, June 2000) are incorporated and available from the Assistant Secretary for Probation and Community Corrections at 2737 Centerview Dr., Suite 105, Tallahassee, FL 32399-3100.

(2) If there is a need for comprehensive assessment and the youth is not detained, the JPO must contact the designated assessment provider directly or have the parents make the initial contact within two working days of the screening interview to schedule an appointment for the youth.

(3) The JPO must forward a copy of the completed PACT screening instrument results to the designated comprehensive assessment provider and place another copy in the youth’s file.

(4) The JPO shall assist the youth and family in complying with follow-up evaluations by providing directions, copies of documents and referrals to support service providers, if necessary.

(5) Required comprehensive assessments shall be administered in timely fashion, as follows:

(a) The designated contracted agents who perform comprehensive assessments must conduct a comprehensive assessment or equivalent department-approved assessment on all youths referred as a result of intake screening. Providers who perform comprehensive assessments shall conduct an in-depth assessment of the youth gathering information from interviews with the youth and from collateral sources.

(b) The designated comprehensive assessment provider must complete the comprehensive assessment or equivalent department-approved instrument within ten (10) calendar days on youths in secure detention. The designated comprehensive assessment provider must complete the comprehensive assessment or equivalent department-approved instrument within fourteen (14) calendar days on youths not in secure detention. Time frames for completion may be modified by order of the court.

(c) Anytime a provider takes longer than 14 days to complete a comprehensive assessment the chief probation officer and the Department of Children and Families District Program Administrator shall be informed and a plan developed to improve performance or change providers.

Specific Authority 985.21, 985.405 FS. Law Implemented 985.21(1)(a)4.d., (4)(a) FS. History–New__________.

 

63D-1.005 Documentation.

(1) After the comprehensive assessment or equivalent department-approved instrument is completed, the designated contracted agents who perform comprehensive assessments must complete the SAMH-2, which provides summary results and outlines recommendations for the disposition of the case, for all youths referred for comprehensive assessment or treatment.

(a) Options include recommendations regarding treatment in a substance abuse or mental health setting, further in-depth evaluation to determine appropriate treatment response, or termination of substance abuse/mental health involvement.

(b) In some rare situations, a youth’s problems may appear to be complex or his/her symptoms so confusing that an additional evaluation may be required before an appropriate recommendation for treatment can be made. If the designated contracted agents who perform comprehensive assessments determine that such an evaluation is necessary, a referral for further in-depth evaluations must be made prior to making a specific treatment recommendation.

(2) The designated contracted agents who perform comprehensive assessments must forward the original comprehensive assessment or equivalent department-approved instrument and SAMH-2 form to the JPO.

(a) The designated comprehensive assessment provider must retain a copy of the comprehensive assessment or equivalent department-approved instrument and SAMH-2 form in the assessment provider client file. The JPO must keep the SAMH-2 form in the youth’s file.

(b) When completing the Preliminary Disposition Report (PDR), the JPO must incorporate the findings of the comprehensive assessment recommendation and attach the comprehensive assessment summary to the PDR. The JPO must not attempt to summarize or interpret the comprehensive assessment summary or any subsequent evaluation in the PDR.

(c) All individuals involved in the comprehensive assessment process shall comply with the confidentiality requirements of Section 985.04, Florida Statutes.

(3) If a PDR is required and the results have not been received from the designated assessment provider within seven (7) working days of the date the PDR must be submitted, the JPO must contact the contracted agents and request a comprehensive assessment or inquire as to why the results have not been received. If the youth and family have not been cooperative, the JPO must intervene and encourage them to cooperate.

(4) If the SAMH-2 form is not received after diligent efforts, the JPO must document that fact in the PDR, and all efforts made to obtain the results.

(a) The JPO must notify the chief probation officer, through his/her supervisor, who will report in writing the noncompliance of the designated assessment provider to the district Department of Children and Family Services Alcohol, Drug Abuse and Mental Health Program Office contract manager.

(b) The JPO must also document (chronologically) this information in the chronological section of the case file.

(5) When the comprehensive assessment is received, the JPO will forward the assessment to the detention center for youths held in secure detention.

(6) The JPO is responsible for ensuring that youths are referred for a predisposition comprehensive evaluation when residential commitment disposition is anticipated or recommended. The purpose of the comprehensive evaluation is to collect sufficient information about the youth’s medical, academic, psychological, behavioral and sociological needs to ensure an effective match between these needs and the service capacity provided by the residential commitment program.

(7) The JPO is responsible for ensuring that comprehensive assessments are forwarded to the provider(s) contracted to provide comprehensive evaluations. This ensures that data and information provided through the comprehensive assessment is not needlessly duplicated, but is included in the comprehensive evaluation.

Specific Authority 985.21, 985.405 FS. Law Implemented 985.21(1), (4) FS. History–New__________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Lee Ann Thomas, Operational Support Administrator, Probation and Community Corrections, Department of Juvenile Justice
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Darryl Olson, Assistant Secretary for Probation and Community Corrections, Department of Juvenile Justice
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 28, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 17, 2006