Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 12, March 26, 2010 issue of the Florida Administrative Weekly.

63D-12.002 Safety and Administration.

(1) Safety and welfare standards of facilities shall incorporate the following:

(a) The physical plant of facilities shall meet the following standards:

1. All indoor areas and attached buildings shall be clean, neat, and well maintained. No graffiti shall be allowed to remain on walls, doors, or windows.

2. Weekly sanitation and safety inspections of all internal and external areas and equipment shall be conducted to ensure that the facility is clean and in good repair. Inspections shall be documented in writing.

3. To help ensure that the facility is clean and in good repair a maintenance and housekeeping plan shall be developed and employed.

4. For facilities that operate during evening hours, the facility perimeter and grounds shall be lit.

5. Separate bathroom facilities shall be provided for males and females. For every 30 males, and for every 30 females ~~youth~~, there shall be at least one operable toilet and washbasin with hot and cold running water and antibacterial soap.

6. Space shall be available for private counseling, group meetings, and classrooms.

(b) Facilities shall have a comprehensive safety regimen that includes:

1. Fire prevention.

2. Smoking shall not be permitted in the facility. Any designated smoking areas shall be outside of the facility and clearly marked.

3. A fire alarm and automatic detection system is required. All facility staff and youth shall be trained in the operation of the alarm system.

4. Fire protection equipment shall be available at strategic locations throughout the facility, and shall be checked quarterly. All facility staff and youth shall be trained in the proper operation and use of available equipment.

5. Fire drill procedures ~~shall be approved by the State Fire Marshal or local fire officials, and~~ shall include the following:

a. Unannounced fire drills conducted at least monthly.

b. Drills shall be conducted under varied conditions and across all shifts.

c. All fire drills shall be documented in the Fire Safety Log.

6. A Fire Safety Log shall be kept in the facility, and shall contain a record of annual fire safety inspections, a summary of all deficiencies found by fire officials, a record of corrections, and the results of periodic fire safety inspections and equipment checks.

(c) An evacuation plan shall specify routes of evacuation and provisions for medical care or hospital transportation for youth and facility staff.

1. The evacuation plan shall provide that the facility director or designee in charge shall make the decision to evacuate the facility, and the notice to evacuate shall be clearly communicated.

2. Facility staff in each area shall help control the exit of youth and visitors in an orderly manner.

3. Facility staff shall be alerted to the location of available alarm boxes and outside telephones.

4. A written emergency disaster plan shall be reviewed annually, updated as needed, and detail the procedures for fire, severe weather, hurricane and tornado warnings, flooding, youth riots, hostage taking, chemical spills and bomb threats.

5. A current listing of telephone numbers for local emergency departments shall be posted next to every facility telephone.

6. Facilities that allow youth to participate in water related recreational activities shall have a water safety plan. The facility shall provide one certified lifeguard for every eight participating youth. Youth shall take a swim test prior to any swimming activities.

(d) The facility shall provide for the prompt notification of a youth’s parent or guardian in cases of serious illness, injury, or death.

(e) Facilities providing meals shall comply with the following requirements:

1. The food service and dining area shall be clean and well maintained.

2. The facility must provide youth special diets when prescribed for health reasons or to accommodate religious beliefs. ~~A licensed dietitian shall annually approve the nutritional value of the food served.~~

3. There shall be a single menu for facility staff and youth.

4. The facility must not withhold food as a disciplinary measure.

(f) Facilities shall provide daily transportation to and from the facility, or shall arrange for such transportation.

1. All facility vehicles that transport youth shall be kept in safe and sound condition ~~receive an annual inspection by a certified mechanic~~.

2. Facility staff transporting youth shall have current, valid driver’s licenses.

3. Facility vehicles shall have current insurance and automobile registration.

4. A youth cannot be denied services or penalized because of the lack of transportation.

5. All vehicles shall be locked when not in use.

6. Youth and staff shall wear seat belts while the vehicle is in operation.

(2) Facilities shall meet the following standards of administration and operation:

(a) The facility director is responsible for maintaining information on the facility and reporting to the department.

(b) Monthly reports shall be submitted to the department detailing ~~major developments,~~ incidents, and population data.

Rulemaking Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.601 FS. History–New ________.

63D-12.003 Service Delivery.

(1) through (3) No change.

(4) In addition to the requirements of Chapters 63D-9 and 63D-10, F.A.C., facilities shall also comply with the following:

(a) Facilities shall have a ~~written~~ document containing a mission statement that includes the department’s mission to reduce juvenile crime, description of program design, educational goals, and objectives. ~~A mission statement encompassing the mission of the department shall be understood by facility staff, reviewed annually, and updated as necessary.~~

(b) through (d) No change.

(5) Mental Health and Substance Abuse Treatment Services. Mental health and substance abuse treatment services shall be provided in accordance with the following provisions:

(a) through (c) No change.

(d) Suicide Prevention Services. Youth who demonstrate suicide risk factors shall be referred for assessment of suicide risk or emergency mental health services if the youth is in crisis. Assessment of Suicide Risk Form (MHSA 004, August 2006) must be utilized when the assessment of suicide risk is conducted in a DJJ facility or program. If the youth is released to the custody of the parent or legal guardian, the parent/legal guardian must be provided the form entitled Suicide Risk Screening Parent/Guardian Notification (MHSA 003, August 2006). These forms are incorporated, and are available from the Assistant Secretary for Probation and Community Intervention at 2737 Centerview Drive, Suite 1300, Tallahassee, Florida 32399-3100.

(e) When a youth exhibits behaviors that constitute an imminent danger to self or others because of mental illness, the youth shall be referred for emergency mental health services in accordance with the provisions of Section 394.463, F.S.

(f) Treatment Plan Development and Implementation. When a comprehensive mental health or substance abuse evaluation indicates the youth is in need of mental health and/or substance abuse treatment, an individualized mental health and/or substance abuse treatment plan shall be developed, and timely treatment shall be provided based upon the youth’s treatment plan. Pending development of an individualized mental health or substance abuse treatment plan, an initial plan is acceptable.

1. The individualized mental health treatment plan shall include the signatures of the youth, the mental health clinical staff person that prepared the plan, and any intervention and treatment team members who participated in its development. A licensed mental health professional shall review, sign and date the treatment plan within 10 days of completion.

2. The individualized substance abuse treatment plan shall include the signatures of the youth, the substance abuse clinical staff person that prepared the plan, and any intervention and treatment team members who participated in its development. The plan shall be completed 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 so licensed. If a non-licensed substance abuse clinical staff person completes the treatment plan, it shall be reviewed as provided in Chapter ~~Rule~~ 65D-30~~.004~~, F.A.C.

(g) No change.

Rulemaking Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.601 FS. History–New ________.

63D-12.004 Minimum-Risk Commitment.

In addition to the requirements of Rule 63D-12.003, F.A.C., the following applies to youth who are court-ordered to the facility under minimum-risk commitment:

(1) No change.

(2) Within 24 hours of a youth’s admission to a facility, facility staff shall provide written notification to the youth’s parent(s)/guardian(s).

(a) The notification shall include a brief overview of the program.

(b) The facility must allow a parent or guardian the opportunity to object to a youth’s ~~If the program includes scheduled recreational activities, the parent(s)/guardian(s) shall advise the facility if there is an objection to the youth’s~~ participation in recreational activities due to a physical or medical problem. ~~Any such objection shall be accompanied by written documentation from a physician.~~

(3) No change.

Rulemaking Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.441, 985.601 FS. History–New ________.