63E-7.002: Definitions
63E-7.004: Youth Intake
63E-7.010: Residential Case Management Services
63E-7.011: Delinquency Intervention and Treatment Services
63E-7.012: Transfer, Release and Discharge
63E-7.016: Program Administration
PURPOSE AND EFFECT: Amends the rules governing intake, case management, intervention, release, and program administration.
SUMMARY: The amendments incorporate the Residential Positive Achievement Change Tool (RPACT) as the risk/needs assessment instrument for use in residential settings. Change is also made to the requirements under which direct care staff may assist youth in the self-administration of the mental health and substance abuse screening instrument at intake. Finally, residential programs are required to document criteria for the involvement of local law enforcement at their 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: 985.64, 985.601(3)(a), 20.316 FS.
LAW IMPLEMENTED: 985.601(3)(a), 985.03(44), 985.441(1)(b) 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: Wednesday, November 4, 2009, 10:00 a.m.
PLACE: DJJ Headquarters, 2737 Centerview Drive, 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-7.002 Definitions.
For the purpose of this rule chapter, the following words shall have the meanings indicated.
(1) through (4) No change.
(5) 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 existing information and updated information secured through interviews and assessment tools. The assessment process culminates in prioritization of the youth’s needs.
(6) through (21) renumbered (5) through (20) No change.
(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) through (68) renumbered (21) through (66) No change.
(67) Residential Positive Achievement Change Tool (RPACT) – a risk/needs assessment instrument that identifies a youth's criminogenic needs, that if addressed, would most likely reduce their risk of re-offending. The instrument was specifically designed for residential settings to assist staff in determining the youth's progress in reducing risk and increasing protective factors.
(69) through (87) renumbered (68) through (86) 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 9-30-07, Amended 8-25-08, 7-8-09,_________.
63E-7.004 Youth Intake.
(1) No change.
(2) A residential commitment program shall complete the following entry screenings immediately upon a youth’s admission. These screenings are used to identify any emergency medical, mental health, or substance abuse conditions of a nature that render admission unsafe or warrant immediate attention. These screenings are also used to identify any need for further evaluation.
(a) Using the Facility Entry Physical Health Screening form, a health care or non-health care staff shall conduct the health entry screening. However, if the entry screening is conducted by someone other than a licensed nurse as defined in Section 464.003, F.S., a licensed nurse shall review the entry screening within 24 hours of the youth’s admission.
(b) To screen for mental health and substance abuse, the program shall ensure administration of either the Massachusetts Youth Screening Instrument, Second Version (MAYSI-2) or a clinical mental health screening and a clinical substance abuse screening. A direct care staff may assist the youth with the self-administration of administer the MAYSI-2 on JJIS if he or she is trained in the its administration and scoring of the MAYSI-2 consistent with CORE requirements. However, a clinical mental health screening shall only be conducted by a licensed mental health professional, and a clinical substance abuse screening shall only be conducted by a qualified professional as defined by Section 397.311, F.S., and in accordance with Rule 65D-30.003, F.A.C. (12-12-05). Clinical screenings require the use of valid and reliable screening instruments.
(3) through (11) 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 9-30-07, Amended 8-25-08,_________.
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 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, and determine his or her risk to re-offend. The criminogenic assessment tool used for this purpose shall address, at a minimum, the following domains, with information for its completion being obtained through a multi-disciplinary assessment process:
a. Criminal history;
b. Substance abuse involvement;
c. Attitudes, behaviors and skills;
d. Relationships;
e. Family history and current family dynamics;
f. School and work history and status; and
g. Use of free time;
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) Performance Plan. A residential commitment program shall ensure that each youth has a performance plan with individualized delinquency intervention goals to achieve before release from the program. Based on the findings of the initial assessment of the youth, the intervention and treatment team, including the youth, shall meet and develop the performance plan within 30 days of the youth’s admission.
(a) The performance plan, developed to facilitate the youth’s successful reintegration into the community upon release from the program, shall include goals that:
1. Specify delinquency interventions with measurable outcomes for the youth that will decrease criminogenic risk factors and promote strengths, skills, and supports that reduce the likelihood of the youth reoffending;
2. Target court-ordered sanctions that can be reasonably initiated or completed while the youth is in the program; and
3. Identify transition activities targeted for the last 60 days of the youth’s anticipated stay in the program.
(b) For each goal, the performance plan shall specify its target date for completion, the youth’s responsibilities to accomplish the goal, and the program’s responsibilities to enable the youth to complete the goal.
(c) To facilitate the youth’s rehabilitation or promote public safety, the intervention and treatment team may revise the youth’s performance plan based on the RPACT reassessment results, the youth’s demonstrated progress or lack of progress toward completing a goal, or newly acquired or revealed information. Additionally, based on the transition conference addressed in paragraph 63E-7.010(10)(a), F.A.C., the intervention and treatment team shall revise the youth’s performance plan as needed to facilitate transition activities targeted for completion during the last 60 days of the youth’s stay in the program.
(d) The youth, the intervention and treatment team leader, and all other parties who have significant responsibilities in goal completion shall sign the performance plan, indicating their acknowledgement of its contents and associated responsibilities. The program shall file the original signed performance plan in the youth’s official youth case record and shall provide a copy to the youth. Within 10 working days of completion of the performance plan, the program shall send a transmittal letter and a copy of the plan to the committing court, the youth’s JPO, the parent or legal guardian, and the DCF counselor, if applicable.
1. Electronic transmittal of the performance plan to the youth’s JPO and DCF counselor is acceptable.
2. If the parent or guardian did not participate in the development of the performance plan and if the youth is a minor and not emancipated as provided in Section 743.01 or 743.015, F.S., or is over 18 years of age and incapacitated as defined in Section 744.102(12), F.S., the program shall enclose an additional copy of the plan’s signature sheet and shall request in the transmittal letter that the parent or guardian acknowledge receipt and review of the plan by signing the signature sheet and returning it to the program. Any signature sheet signed by the parent or guardian and returned to the program shall be attached to the youth’s original performance plan.
(7) through (8) No change.
(9) Performance Review and Reporting.
(a) Performance Reviews. A residential commitment program shall ensure that the intervention and treatment team reviews each youth’s performance, including RPACT reassessment results, progress on individualized performance plan goals, positive and negative behavior, including behavior that resulted in physical interventions, and if the youth has a treatment plan, treatment progress. Performance reviews shall result in revisions to the youth’s performance plan when determined necessary by the intervention and treatment team in accordance with paragraph 63E-7.010(6)(c), F.A.C., and reassessments when deemed necessary by the intervention and treatment team in accordance with paragraph 63E-7.010(5)(b), F.A.C.
1. Low-risk, moderate-risk, and high-risk programs shall conduct biweekly reviews of each youth’s performance. A formal performance review, requiring a meeting of the intervention and treatment team, shall be conducted at least every 30 days. However, one biweekly performance review per month may be informal, wherein the intervention and treatment team leader, including other team members’ input when needed, meets with the youth.
2. In maximum-risk programs, the intervention and treatment team shall meet at least every 30 days to conduct a formal performance review of each youth.
3. The intervention and treatment team shall document each formal and informal performance review in the official youth case record, including the youth’s name, date of the review, meeting attendees, any input or comments from team members or others, and a brief synopsis of the youth’s progress in the program.
(b) Performance Reporting. The intervention and treatment team shall prepare a Performance Summary at 90-day intervals, beginning 90 days from the signing of the youth’s performance plan, or at shorter intervals when requested by the committing court. Additionally, the intervention and treatment team shall prepare a Performance Summary prior to the youth’s release, discharge or transfer from the program.
1. Each Performance Summary shall address, at a minimum, the following areas:
a. The youth’s status on each performance plan goal;
b. The youth’s overall treatment progress if the youth has a treatment plan;
c. The youth’s academic status, including performance and behavior in school;
d. The youth’s behavior, including level of motivation and readiness for change, interactions with peers and staff, overall behavior adjustment, and, for any initial Performance Summary, the youth’s initial adjustment to the program;
e. Significant positive and negative incidents or events; and
f. A justification for a request for release, discharge or transfer, if applicable.
2. The staff member who prepared the Performance Summary, the intervention and treatment team leader, the program director or designee, and the youth shall review, sign and date the document. Prior to the youth signing the document, program staff shall give the youth an opportunity to add comments, providing assistance to the youth, if requested. The program shall distribute the performance plan as specified below within 10 working days of its signing.
a. With the exception of a Performance Summary prepared in anticipation of a youth’s release or discharge, the program shall send copies of the signed document to the committing court, the youth’s JPO, and the parent or guardian and shall provide a copy to the youth.
b. As notification of its intent to release a youth pursuant to subsection 63E-7.012(2), F.A.C., or discharge a youth pursuant to subsection 63E-7.012(3), F.A.C., the program shall send the original, signed Performance Summary, together with the Pre-Release Notification and Acknowledgement form to the youth’s JPO who is responsible for forwarding the documents to the committing court.
c. The program shall file the original, signed Performance Summary in the official youth case record except when it is prepared in anticipation of a youth’s release or discharge, in which case, the program shall file a signed copy in the official youth case record.
(10) through (12) No change.
Rulemaking Specific Authority 985.64 FS. Law Implemented 985.601(3)(a) FS. History–New 12-9-08, Amended_________.
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.
(1) through (3) No change.
Rulemaking Specific Authority 985.64 FS. Law Implemented 985.601(3)(a) FS. History–New 12-9-08, Amended_________.
63E-7.012 Transfer, Release and Discharge.
(1) No change.
(2) Release.
(a) When planning for the release of any youth who is clearly not subject to involuntary commitment as a Sexually Violent Predator (SVP), a residential commitment program shall comply with the following provisions.
1. A program with a designed or estimated length of stay of more than 45 days shall forward the Pre-Release Notification and Acknowledgment form, with the pre-release notification section completed, and the release Performance Summary to the youth’s JPO at least 45 days, or in the case of a sex offender who is not SVP eligible, at least 90 days prior to the youth’s planned release date. A residential commitment program with a designed or estimated length of stay of 45 days or less shall forward the Pre-Release Notification and Acknowledgment form, with the pre-release notification section completed, to the youth’s JPO within 72 hours of the youth’s admission to the program.
a. If the program does not receive the completed Pre-Release Notification and Acknowledgment form within 20 working days of the program sending it to the youth’s JPO, the program shall contact the JPO or the JPO’s supervisor to expedite return of the form.
b. In the event that the court directly contacts a residential commitment program to summon, subpoena, or request the youth appear at a hearing to address the release request, the program shall immediately notify the youth’s JPO or, if unavailable, the JPO’s supervisor.
c. If the court objects to the youth’s release, the program shall resubmit the Pre-Release Notification and Acknowledgement form and Performance Summary to the JPO after the youth has made progress towards meeting the court’s expectations.
d. The program shall not release any youth without written notification from the JPO or the JPO’s supervisor that documents the court’s approval or confirms the release is considered approved when the court does not respond within 10 days of the department’s request. Upon notification that a release request has been approved or is considered approved, the program shall provide written notification to the youth’s parents or legal guardian of the planned release and complete an RPACT exit assessment.
2. If a youth’s offense is homicide pursuant to Chapter 782, F.S., (lawful representatives or next of kin considered as the victims in homicide cases), a sexual offense pursuant to Chapter 794, F.S., attempted murder or a sexual offense pursuant to Chapter 777, F.S., stalking pursuant to Section 784.048, F.S., or domestic violence pursuant to Section 25.385, F.S., the program shall notify the youth’s victims or their designees prior to releasing the youth unless the youth’s JPO has provided the program with a waiver of notification rights signed by the victims or their designees.
a. The program shall track youth whose victims or designees require notification while maintaining confidentiality that protects the identity of victims.
b. The program shall mail the Victim Notification of Release form letter to the victims or their designees at least 10 working days prior to the youth’s release or, if circumstances beyond the program’s control prevent this, as soon thereafter as possible before the youth’s release. The program shall document all notifications and attempted notifications and shall copy the youth’s JPO and the youth’s individual management record on the notification letter.
c. Under no circumstances shall the program notify a victim or designee if he or she waived notification rights in writing, nor shall the program notify the victim or designee until the youth’s JPO notifies the program of approval to release the youth.
3. The program shall also ensure the following notifications prior to a youth’s release:
a. Educational and vocational staff so required post-testing may be conducted, transcripts prepared, records transferred, and the receiving community school notified.
b. Parties or entities requiring notification if the youth is a juvenile sex offender pursuant Section 985.48, F.S.; and
c. JJIS or the department’s regional commitment manager. Within 24 hours of any release or on the first regular workday of the following week when the youth is released on a holiday, a weekend or a Friday afternoon, the program shall update the JJIS Bed Management System or, if a program does not have access to JJIS, shall notify the regional commitment manager.
4. Prior to a youth’s release, the program shall comply with the following departure procedures:
a. Arrange transportation as necessary; and
b. Conduct a property inventory of the youth’s personal possessions in the presence of the youth, documenting the inventory and verifying its accuracy with signatures of the staff conducting the inventory, the youth, and a witness. The program shall reconcile any differences between the intake and release inventories. However, no release inventory is required if there is documentation that the program sent the youth’s personal possessions home at the time of admission or intake.
(b) When planning the release of any youth who, based on the department’s screening, may be eligible for involuntary commitment as an SVP, a residential commitment program shall comply with the following provisions:
1. Not less than 240 days prior to the anticipated release of a youth who is potentially SVP eligible, a program with a designed or estimated length of stay of 240 days or more shall notify the JPO of the anticipated release. A program with a designed or estimated length of stay of less than 240 days shall commence notification to the JPO within 30 days of the youth's admission to the program.
2. The program shall not release any youth who is potentially SVP eligible and subject to the provisions of Chapter 394, F.S., until the Sexual Predator Unit at the Department of Children and Families (DCF) has determined eligibility and the youth's JPO has advised the program how to proceed and has provided the program with written documentation to support such action. To facilitate this eligibility determination process, the residential commitment program shall provide to the youth's JPO the documentation required by DCF.
a. A program with an estimated length of stay of 240 days or more shall provide the Jimmy Ryce Act For violent Sexual Offenders/Residential Program Notification Checklist, the performance plan, the Performance Summary, a physical health summary, a summary of the youth’s institutional adjustment if not included in the Performance Summary, and any psychological or psychiatric report.
b. In the case of a program whose estimated length of stay is less than 240 days, wherein release notification commences 30 days or less after the admission of a potentially SVP eligible youth is admitted, the program shall initially provide the JPO with the Jimmy Ryce Act For Violent Sexual Offenders/Residential Program Notification Checklist, the performance plan, a physical health summary, a summary of the youth's institutional adjustment, and any psychological or psychiatric reports. Additionally, the program shall provide the JPO with the Performance Summary and the transition plan immediately subsequent to their completion. Although the program provides existing psychological or psychiatric reports at the time it commences release notification, the program shall provide the JPO with any subsequent psychological or psychiatric reports that may be generated while the youth is still in the program.
c. If DCF determines that a youth is not subject to civil commitment as an SVP pursuant to Chapter 394, F.S., the program shall comply with the provisions set forth in paragraph 63E-7.012(2)(a), F.A.C., of this rule chapter.
(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.
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 1-3-08, Amended 8-25-08,_________.
63E-7.016 Program Administration.
(1) through (10) No change.
(11) A residential commitment program director shall build partnerships and collaborate with juvenile justice stakeholders in the community.
(a) The program shall establish a community support group or advisory board that meets at least quarterly. The program director shall solicit active involvement of interested community partners including, but not limited to representatives from law enforcement, the judiciary, the school board or district, the business community, and the faith community. In addition, the program director shall recruit a victim, victim advocate, or other victim services community representative and a parent whose child was previously, rather than currently, involved in the juvenile justice system.
(b) The program shall collaborate with the school district to ensure the delivery of quality educational services consistent with the cooperative agreement between the school district and the department pursuant to Section 1003.52, F.S.
(c) The program shall develop a facility operating procedure that identifies criteria for law enforcement involvement at the facility.
(d)(c) A residential commitment program may involve community volunteers, including mentors for youth, consistent with background screening requirements pursuant to Section 985.644, F.S. The program shall provide supervision as deemed necessary to ensure the volunteer is providing services in a manner that meets the expectations of the program and ensures the emotional and physical safety of its youth.
(12) through (14) No change.
Rulemaking Specific Authority 985.64 FS. Law Implemented 985.601(3)(a) FS. History–New 4-13-08, Amended 8-25-08,_______.