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-11.003 Safety and Security.

~~(1) All JACs shall comply with sanitation and health codes. Written reports of inspections by state or local authorities shall be kept on file as assurance of continuing compliance with these codes.~~

~~(2)~~ All JACs that use holding cells for youth shall include in their process for utilization of these holding cells the following conditions:

(1)~~(a)~~ Males and females shall never be placed together in the same holding cell,

(2)~~(b)~~ Staff shall visually observe youth in holding cells every 10 minutes,

(3)~~(c)~~ A ~~behavioral~~ review of the youth’s behavior shall be held every 30 minutes for the purpose of assessing and documenting any signs or indications that the youth poses a risk to self or others.

(4)~~(d)~~ The observations and reviews shall be documented in writing, and

(5)~~(e)~~ If a holding cell is used by more than one youth at a time, a safety decision shall be made as to the potential risk of one youth to the other. Risk factors to consider are contagious disease, a marked difference in size, strength or age, predatory history, and emotional stability.

Rulemaking Authority 985.64 FS. Law Implemented 985.135(3), (4) FS. History–New ________.

63D-11.004 Admission of Youth.

(1) Each youth shall receive an initial medical and mental health clearance using the Probation Medical and Mental Health Clearance Form. The Juvenile Probation Officer (JPO) shall evaluate the condition of each youth prior to being accepted into the JAC for detention screening. The clearance process shall help ensure an appropriate response when law enforcement delivers a youth for screening who appears to be physically impaired due to drugs, alcohol, injury, or illness. The Probation Medical and Mental Health Clearance Form (HS 051, January 2008) is incorporated, and is available from the Office of Health Services at 2737 Centerview Drive, Suite 2426, Tallahassee, FL 32399-3100. Requirements governing the use of the form are detailed in Rule 63D-8.001, F.A.C.

(a) through (d) No change.

(e) During the initial JAC intake each youth shall be screened for suicide risk. The JPO shall complete the Assessment of Suicide Risk Form (MHSA 004, August 2006). The form shall be sent with the youth if he or she is admitted to secure detention. If the youth is released to the custody of the parent or legal guardian, then the parent or legal guardian must be provided the form entitled Suicide Risk Screening Parent/Guardian Notification (MHSA 003, August 2006). Requirements governing the use of these forms are detailed in Rule 63D-9.004, F.A.C.

(2) There are circumstances where a youth who has already been admitted to the JAC becomes severely ill or injured while awaiting detention screening, transfer to detention, or release to the parent(s)/guardian(s). If it is obvious that the condition of the youth is severe or appears to be life threatening, the first person who becomes aware of the emergency shall call 911 immediately to request emergency medical services (EMS).

(a) through (b) No change.

(c) If the youth requires hospitalization and has not been screened for detention, the JPO shall collect sufficient information telephonically and by other sources to complete the Detention Risk Assessment Instrument (DRAI) to make a preliminary determination as to the youth’s qualification for secure detention, non-secure detention, or release with no detention status. Requirements governing the use of the DRAI are detailed in Rule 63D-9.002, F.A.C., and the DRAI is incorporated by reference in Rule 63D-9.001, F.A.C.

(d) through (e) No change.

(3) No change.

Rulemaking Authority 985.64 FS. Law Implemented 985.135 FS. History–New ________.

63D-11.005 Screening for Medical Conditions and Handling Medication ~~Management~~.

(1) through (2) No change.

(3) If any youth taking the medication identified in Subsection (1) or (2) above is screened as eligible for secure detention, detention staff shall be notified immediately that a youth awaiting placement is using one of the critical medications. The JPO shall advise the parent(s)/guardian(s) to deliver the youth’s medication as soon as possible. ~~Once the medication is available at the JAC, detention staff shall be required to retrieve and transport the youth as soon as possible, but no later than three hours following notification.~~

(4) through (5) No change.

Rulemaking Authority 985.64 FS. Law Implemented 985.135 FS. History–New ________.

63D-11.006 Responding to ~~Street~~ Gangs.

(1) During the screening, intake, and supervision process, the JPO shall collect information to be used in determining a youth’s gang involvement or affiliation, if any. A referral for suspected gang involvement for known gang activity will be reviewed by the identified circuit gang liaison prior to submission to local law enforcement. A gang member alert shall be entered into the Juvenile Justice Information System (JJIS) for any youth identified as a member of a criminal ~~street~~ gang as defined by Section 874.03, F.S., as follows:

(a) Other Suspected Gang Affiliation – A referral has been submitted to local law enforcement with information that indicates youth’s ~~youths~~ potential gang involvement or activities based on staff observations, youth statements, statements by other youth or sources, and or supplemental information such as pictures, drawings, or other documents.

(b) Documented Gang Associate – Written documentation has been received from law enforcement certifying youth as a gang associate per Sections 874.03(2)(a)-(b), F.S.

(c) Documented Gang Member – Written documentation has been received from law enforcement certifying youth as a gang member per Sections 874.03(3)(a)-(k), F.S.

(2) The methods and procedures in the interagency agreement shall ensure a coordinated effort between the department and local law enforcement agencies for the purpose of sharing information related to gang-involved youth. All gang-related information shall be shared with local law enforcement agencies, the assigned JPO and the educational provider or local school district providing educational services at a community based non-residential day treatment program. ~~While in the JAC, reasonable efforts shall be made to keep members of the same or rival gangs separated.~~

Rulemaking Authority 985.64 FS. Law Implemented 985.135 FS. History–New ________.