63E-7.002: Definitions
63E-7.006: Quality of Life and Youth Grievance Process
63E-7.010: Residential Case Management Services
63E-7.011: Delinquency Intervention and Treatment Services
63E-7.013: Safety and Security
63E-7.016: Program Administration
PURPOSE AND EFFECT: The amendments are intended to incorporate the Youth Needs Assessment Summary, and to conform portions of the residential rule to state and federal requirements in the areas of gang prevention, treatment services, consent to treatment, health services, and facility safety.
SUMMARY: The amendments relate to treatment, assessment, prevention and intervention, and facility operations in 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: 985.601, 985.64 FS.
LAW IMPLEMENTED: 985.601 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Tuesday, May 25, 2010, 2:00 p.m.
PLACE: DJJ Headquarters, 2737 Centerview Drive, General Counsel’s Conference Room 3223, Tallahassee, Florida. For information about participation by telephone, contact John Milla at (850)921-4129
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-7.002 Definitions.
For the purpose of this rule chapter, the following words shall have the meanings indicated.
(1) through (88) No change.
(89) Youth Needs Assessment Summary – A summary document in JJIS of all completed evaluations and assessments used to identify strengths and needs. This summary is completed by the case manager and is used to create the youth's Performance Plan. The Youth Needs Assessment Summary (RS 13, May 2010) is incorporated into this rule and is accessible at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
Rulemaking Authority 20.316, 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441(1)(b) FS. History– New 9-30-07, Amended 8-25-08, 7-8-09, 12-21-09, 5-4-10,__________.
63E-7.006 Quality of Life and Youth Grievance Process.
(1) through (2) No change.
(3) A residential commitment program shall demonstrate a program model or component that addresses the needs of a targeted gender group. Health and hygiene, the physical environment, life and social skills training, and leisure and recreational activities are key components in providing a gender specific program.
(3) through (5) renumbered (4) through (6) No change.
Rulemaking 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-7.010 Residential Case Management Services.
(1) through (4) No change.
(5) Assessment. A residential commitment program shall provide assessment services as follows:
(a) Initial Assessment. The program shall ensure that an initial assessment of each youth is conducted within 30 days of admission. The program shall maintain all documentation of the initial assessment process in JJIS on the Youth Needs Assessment Summary in the youth’s official youth case record.
1. Criminogenic Risks and Needs. The program shall assess each youth using the RPACT to identify criminogenic risk and protective factors, prioritize the youth’s criminogenic needs.
2. Educational and Treatment Needs. Additionally, the program shall ensure that the initial assessment process addresses the youth’s educational and treatment needs as specified in the following subsections, and that any resulting information that is applicable to the criminogenic risk and needs assessment is reflected on the criminogenic assessment tool addressed in subparagraph 63E-7.010(5)(a)1., F.A.C.
a. Education. An educational assessment shall be conducted as required in Section 1003.52, F.S.
b. Physical Health. A comprehensive physical assessment conducted by a physician, advanced registered nurse practitioner (ARNP) or physician assistant, as well as a health-related history conducted by a physician, ARNP, physician assistant or nurse licensed pursuant to Chapter 464, F.S., shall be made available to the program by the time of the youth’s admission. After the youth is admitted, healthcare professionals with the qualifications referenced above shall review the respective documents within seven calendar days of the youth’s admission, resulting in verification or update of the youth's medical status, identification of any medical alert relevant to the youth, and provision of healthcare services as indicated.
c. Mental Health and Substance Abuse. The program shall ensure that a comprehensive mental health or substance abuse evaluation is conducted when the need is identified through screening pursuant to paragraph 63E-7.004(2)(b), F.A.C. However, if a comprehensive evaluation, as defined in Rule 63E-7.002, F.A.C., was conducted within the past twelve months, an update to that evaluation may be completed instead. Only a licensed mental health professional or a mental health clinical staff person working under the direct supervision of a licensed mental health professional shall conduct a mental health evaluation or update. Any substance abuse evaluation or update shall be conducted by a qualified professional who is licensed under Chapter 458, 459, 490 or 491, F.S., or a substance abuse clinical staff person who is an employee of a service provider licensed under Chapter 397, F.S., or an employee in a facility licensed under Chapter 397, F.S.
(b) Reassessment. The program shall determine and document changes in each youth’s risks and needs using the RPACT so that updated information is available when the intervention and treatment team prepares a 90-day Performance Summary pursuant to paragraph 63E-7.010(9)(b), F.A.C. Additionally, the program shall ensure that any other updates or reassessments are completed when deemed necessary by the intervention and treatment team to effectively manage the youth’s case. The program shall maintain all re-assessment documentation in the youth’s official youth case record.
(6) through (12) No change.
Rulemaking Authority 985.64 FS. Law Implemented 985.601(3)(a) FS. History–New 12-9-08, Amended 12-21-09, 5-4-10,________.
63E-7.011 Delinquency Intervention and Treatment Services.
A residential commitment program shall provide delinquency intervention and treatment services that are gender-specific pursuant to Section 985.02, F.S., and that focus on preparing youth to live responsibly in the community upon release from the program. The program shall design its services and service delivery system based on the common characteristics of its primary target population, including age, gender, and special needs, and their impact on youths’ responsivity to intervention or treatment. However, in accordance with Rule 63E-7.010, F.A.C., the program shall individualize and coordinate the provision of delinquency intervention and treatment services based on each youth’s prioritized risk and needs as identified through the RPACT and document services delivered in the youth’s individual management record.
(1) through (2) No change.
(3) Treatment Services. Treatment services shall be provided in accordance with the following provisions:
(a) Authority for Evaluation and Treatment.
1. through 8. No change.
9. The AET does not authorize or provide consent for substance abuse services. The youth’s consent for substance abuse services must be obtained as specified in paragraph (b) below.
(b) Youth Consent for Substance Abuse Evaluation and Treatment
1. A youth must consent to substance abuse evaluation and treatment unless such treatment is ordered by the court.
2. Youth consent for substance abuse services must be documented and obtained in accordance with Chapter 397, F.S., and Chapter 65D-30, F.A.C.
3. If a youth refuses to provide consent for necessary substance abuse evaluation and treatment, the department shall determine the need for a court order for the provision of such services.
4. Substance abuse records of service providers pertaining to the identity, diagnosis, and prognosis of and service provision to a youth may not be disclosed without the written consent of the youth to whom they pertain. However, appropriate disclosure may be made without written consent as specified in Section 397.501(7), F.S.
5. Any written consent for disclosure may be given only by the youth. This restriction on disclosure includes any disclosure of youth identifying information to the parent, legal guardian or custodian for the purpose of obtaining financial reimbursement.
6. Youth consent for release of substance abuse information and records must be documented and obtained in accordance with Chapter 397, F.S., Chapter 65D-30, F.A.C. and 42 Code of Federal Regulations, Part 2.
(b) through (c) renumbered (c) through (d) No change.
Rulemaking Authority 985.64 FS. Law Implemented 985.601(3)(a) FS. History–New 12-9-08, Amended 12-21-09, 5-4-10,________.
63E-7.013 Safety and Security.
(1) through (7) No change.
(8) Gang Prevention and Intervention. A residential commitment program shall implement gang prevention and intervention strategies within the facility. Any indication of formal criminal gang activity, either observed or reported, shall be documented and the names of the youth identified as participating in formal criminal gang activity shall be entered in the alert system in JJIS and forwarded to local law enforcement for review. This information shall be shared with the education provider or local school district providing educational services at the facility, as well as with the youth’s JPO and, if identified, his or her post residential services counselor. If local law enforcement certifies the youth as an associate or criminal gang member, the program shall document the information in the alert system in JJIS and shall assess each newly admitted youth to determine if he or she is a criminal street gang member or is affiliated with any criminal street gang. For the purpose of this rule chapter, the definitions of criminal street gang and criminal street gang member are consistent with definitions in Chapter 874, F.S. The program shall share pertinent gang-related information, as appropriate, with the Florida Department of Law Enforcement, local law enforcement, Department of Corrections, school districts, the judiciary, and social service agencies, as well as with a youth’s JPO and, if identified, his or her post-residential services counselor.
(9) through (17) No change.
(18) Transportation. When transporting a youth, a residential commitment program shall maintain custody and control while ensuring the safety of youth, staff and the community.
(a) The program shall comply with the following provisions whether or not secure transportation is required:
1. The program shall ensure a current drivers license for any staff member operating a program vehicle.
1. through 7. renumbered 2. through 8. No change.
(b) through (c) No change.
(19) through (22) No change.
Rulemaking 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 8-25-08,________.
63E-7.016 Program Administration.
(1) through (5) No change.
(6) A residential commitment program shall ensure that a system is in place to request payment by parents/legal guardians or private insurance, if available, for youth's necessary medical treatment prior to forwarding medical bills to the department for payment.
(6) through (15) renumbered (7) through (16) No change.
Rulemaking Authority 985.64 FS. Law Implemented 985.601(3)(a) FS. History–New 4-13-08, Amended 8-25-08, 12-21-09, 5-4-10,________.