Fla. Admin. Code tit. 63 | Fla. Admin. Code Title 63 — Department of Juvenile Justice

Division 63K County and Municipal Juvenile Programs

Chapter 63K-1 Operations

Fla. Admin. Code R. 63K-1.001 Purpose and Scope

History

Rulemaking Authority 985.688 FS. Law Implemented 985.688 FS. History-New 5-17-07, Amended 7-5-11, Repealed 10-26-15.

Fla. Admin. Code R. 63K-1.0015 Certification of a County or Municipal Juvenile Detention Center

History

Rulemaking Authority 985.688 FS. Law Implemented 985.688 FS. History–New 7-5-11, Repealed 10-26-15.

Fla. Admin. Code R. 63K-1.002 Operation of County or Municipal Juvenile Detention Centers

History

Rulemaking Authority 985.688 FS. Law Implemented 985.688 FS. History–New 5-17-07, Amended 7-5-11, Repealed 10-26-15.

Fla. Admin. Code R. 63K-1.003 Operation of County or Municipal Juvenile Delinquency Programs

History

Rulemaking Authority 985.688 FS. Law Implemented 985.688 FS. History–New 5-17-07, Amended 7-5-11, Repealed 10-26-15.

Fla. Admin. Code R. 63K-1.004 Transfers

History

Rulemaking Authority 985.688 FS. Law Implemented 985.688 FS. History–New 5-17-07, Amended 7-5-11, Repealed 10-26-15.

Fla. Admin. Code R. 63K-1.005 Monitoring Fees

History

Rulemaking Authority 985.688 FS. Law Implemented 985.688 FS. History–New 7-5-11, Repealed 10-26-15.

Division 63G Detention Services

Fla. Admin. Code R. 63G-1.001 Scope

History

Rulemaking Authority 985.2155(10) FS. Law Implemented 985.2155(1) FS. History–New 7-16-06, Repealed 7-6-10.

Fla. Admin. Code R. 63G-1.002 Definitions

History

Rulemaking Authority 985.2155(10) FS. Law Implemented 985.2155 FS. History–New 7-16-06, Repealed 7-6-10.

Fla. Admin. Code R. 63G-1.003 Determining Residence

History

Rulemaking Authority 985.2155(10) FS. Law Implemented 985.2155(5) FS. History–New 7-16-06, Repealed 7-6-10.

Fla. Admin. Code R. 63G-1.004 Calculating Estimated Costs

History

Rulemaking Authority 985.2155(10) FS. Law Implemented 985.2155(3) FS. History–New 7-16-06, Repealed 7-6-10.

Fla. Admin. Code R. 63G-1.005 Fiscally Constrained Counties

History

Rulemaking Authority 985.2155(10) FS. Law Implemented 985.2155(4) FS. History–New 7-16-06, Amended 3-19-07, Repealed 7-6-10.

Fla. Admin. Code R. 63G-1.006 Receipt of Payment

History

Rulemaking Authority 985.2155(10) FS. Law Implemented 985.2155(5)-(6) FS. History–New 7-16-06, Repealed 7-6-10.

Fla. Admin. Code R. 63G-1.007 Quarterly Reporting

History

Rulemaking Authority 985.2155(10) FS. Law Implemented 985.2155(7) FS. History–New 7-16-06, Repealed 7-6-10.

Fla. Admin. Code R. 63G-1.008 Annual Reconciliation

History

Rulemaking Authority 985.2155(10) FS. Law Implemented 985.2155(5) FS. History–New 7-16-06, Amended 3-19-07, Repealed 7-6-10.

Fla. Admin. Code R. 63G-1.009 Dispute Resolution and Collection

History

Rulemaking Authority 985.2155(10) FS. Law Implemented 985.2155(5)-(8) FS. History–New 7-16-06, Repealed 7-6-10.

Fla. Admin. Code R. 63G-1.010 Scope

History

Rulemaking Authority 985.64, 985.686(10) FS. Law Implemented 985.686(1) FS. History–New 7-6-10, Repealed 6-28-17.

Fla. Admin. Code R. 63G-1.011 Definitions

History

Rulemaking Authority 985.64, 985.686(10) FS. Law Implemented 985.686 FS. History–New 7-6-10, Repealed 6-28-17.

Fla. Admin. Code R. 63G-1.012 Determining Residence

History

Rulemaking Authority 985.64, 985.686(10) FS. Law Implemented 985.686(5) FS. History–New 7-6-10, Repealed 6-28-17.

Fla. Admin. Code R. 63G-1.013 Calculating Estimated Funding

History

Rulemaking Authority 985.64, 985.686(10) FS. Law Implemented 985.686(3) FS. History–New 7-6-10, Repealed 6-28-17.

Fla. Admin. Code R. 63G-1.014 Fiscally Constrained Counties

History

Rulemaking Authority 985.64, 985.686(10) FS. Law Implemented 985.686(4) FS. History–New 7-6-10, Repealed 6-28-17.

Fla. Admin. Code R. 63G-1.015 Receipt of Payment

History

Rulemaking Authority 985.64, 985.686(10) FS. Law Implemented 985.686(5), (6) FS. History–New 7-6-10, Repealed 6-28-17.

Fla. Admin. Code R. 63G-1.016 Monthly Reporting

History

Rulemaking Authority 985.64, 985.686(10) FS. Law Implemented 985.686(7) FS. History–New 7-6-10, Repealed 6-28-17.

Fla. Admin. Code R. 63G-1.017 Monthly/Annual Reconciliation and Dispute Resolution

History

Rulemaking Authority 985.64, 985.686(10) FS. Law Implemented 985.686(5), (7) FS. History–New 7-6-10, Repealed 6-28-17.

Fla. Admin. Code R. 63G-1.018 Billing

History

Rulemaking Authority 985.64, 985.686(10) FS. Law Implemented 985.686(5), (7) FS. History–New 7-6-10, Repealed 6-28-17.

Fla. Admin. Code R. 63G-1.020 Definitions

The following definitions govern the process by which the funding of detention services is shared by state and county government:

(1) “Annual Percentage Share” is the percentage calculated for each non-fiscally constrained county, and is derived by dividing the number of service days for the county during the most recent 12-month period by the number of service days for all non-fiscally constrained counties during the same period.

(2) “County of Residence” means the county where, at the time of referral, a youth resides, as determined by a department intake officer pursuant to Rule 63G-1.021, F.A.C., and entered in the Juvenile Justice Information System, except for the youth described in subsection 63G-1.021(2), F.A.C., below.

(3) “Detention care” means secure detention and respite beds for youth charged with domestic violence related offenses.

(4) “Fiscally constrained county” means a county which is not required to pay the cost of its resident youths’ detention services, by virtue of its location in a rural area of opportunity designated by the Governor, or because the value of a mill would raise no more than $5,000,000.00 million in revenue based on its certified school taxable value from the previous July 1.

(5) “Juvenile Justice Information System” (JJIS) means the department’s electronic information system used to gather and store information on youth having contact with the department.

(6) “Juvenile Probation Officer” (JPO) means the primary case manager for the purpose of managing, coordinating, and monitoring the services provided and sanctions required for youth on probation, post-commitment probation or conditional release supervision.

(7) “Most recently completed 12-month period” is the period beginning on May 1 and ending on April 30.

(8) “Non-fiscally constrained county” is a county that does not meet the requirements of subsection (4), of this rule section, and does not operate its own juvenile detention facility.

(9) “Service day” means any day or portion of a day spent by a youth in state detention care.

(10) “Total Service Days” means the number of service days that were generated by all youth during the most recently completed 12-month period in state detention care, including the following:

(a) Resident youth of fiscally-constrained counties;

(b) Resident youth of non-fiscally constrained counties;

(d) Youth from counties that operate their own detention centers.

(11) “Total Shared Detention Costs” means the amount expended by the department for the costs of detention care for the prior fiscal year, including the most recent certify forward amounts, minus funds expended on detention care for youth residing in fiscally constrained counties, youth residing in counties that operate their own detention centers, and youth from out-of-state. The amount is derived from total detention costs, which are the expenditures from all legislatively approved funds and appropriation categories for detention care for the prior fiscal year, including the most recent actual certify forward amounts, as reduced by the calculation in rule subsection 63G-1.022(3), F.A.C.

History

Rulemaking Authority 985.6865(10) FS. Law Implemented 985.6865(3) FS. History–New 6-8-17.

Fla. Admin. Code R. 63G-1.021 Determining Residence

(1) Department of Juvenile Justice (DJJ) JPOs and contracted providers responsible for intake shall utilize the following procedure to determine a referred youth’s county of residence:

(a) The address provided by the youth at intake will initially be checked against the address included in the arrest affidavit and against any existing address for the youth already in the JJIS.

(b) In all cases, an effort will be made to verify the address with the youth’s parent or guardian.

(c) All attempts to contact the parent or guardian, and the results of those attempts will be noted in the chronological record in the youth’s case file.

(2) County of residence for youths in substitute care placements, such as foster care, will be where the dependency case originated for the youth. Street address information recorded in the JJIS will be that of the Department of Children and Families or its contracted agency district office or service center for confidentiality purposes.

(3) Address verification procedures are to be included in the annual refresher training on the JJIS given to department JPOs and contracted providers responsible for intake.

History

Rulemaking Authority 985.6865(10) FS. Law Implemented 985.6865 FS. History–New 6-8-17.

Fla. Admin. Code R. 63G-1.022 Calculating Detention Costs

(1) By July 15 of each year, the department will provide each non-fiscally constrained county with that county’s annual percentage share, and its individual portion of total shared detention costs for the state’s fiscal year.

(2) Each non-fiscally constrained county’s individual portion of detention funding will be calculated by multiplying its annual percentage share by 50 percent of the total shared detention costs. The annual individual portion is payable in 12 equal payments due on August 1 and due on the first day of each month thereafter until the annual amount is paid in full.

(3) The costs of detention care for youth residing in fiscally constrained counties, for youth residing out-of-state, and for youth in state detention care from counties that operate their own detention centers, are excluded from the non-fiscally constrained counties’ billing. The service days for these excluded youth are divided by the total service days. The resulting percentage is applied to the total detention costs, producing an amount that must be deducted to arrive at the total shared detention costs.

History

Rulemaking Authority 985.6865(10) FS. Law Implemented 985.6865(4), (5) FS. History–New 6-8-17.

Fla. Admin. Code R. 63G-1.023 Receipt of Payment

(1) Payment is to be made by check or by pre-arranged wire transfer, which is due the first day of the monthly billing period.

(2) Payment will be deemed in arrears on the tenth day of the month the payment is due.

History

Rulemaking Authority 985.6865(10) FS. Law Implemented 985.6865(6)-(9) FS. History–New 6-8-17.

Fla. Admin. Code R. 63G-1.024 Monthly Dispute Resolution

(1) On the first day of each month, the department shall make available to each county a utilization report.

(2) The county shall have from the first to the fourteenth day of the month to review the online utilization information reported for the previous month. If the county takes issue with any of the utilization data, it shall mark the record for dispute online and provide a reason for the dispute. Disputes involving a detained youth’s county of residence must include one or more of the following indicia of specificity:

(a) Address invalid – not in county;

(b) Address invalid – street number not valid;

(3) The department will make every effort to review all disputes for the previous month between the fifteenth and twenty-fourth day of each month, but all pending disputes will be resolved no later than 60 days after the end of the disputed period. The department’s response, provided online, constitutes notice of final action. When, as the result of a dispute, detention days are transferred from one non-fiscally constrained county to another, the non-fiscally constrained county receiving the days will be informed of this at the same time the disputing county is notified that its dispute has been resolved. Both the resolution of the dispute, and the transfer of the detention days, constitute final agency action by the department.

History

Rulemaking Authority 985.6865(10) FS. Law Implemented 985.6865(8) FS. History–New 6-8-17.

Chapter 63G-2 SECURE DETENTION SERVICES

Fla. Admin. Code R. 63G-2.001 Purpose and Scope

History

Rulemaking Authority 985.404(10)(b) FS. Law Implemented 985.404(10) FS. History–New 10-10-06, Repealed 7-19-15.

Fla. Admin. Code R. 63G-2.002 Definitions

History

Rulemaking Authority 985.404(10)(b) FS. Law Implemented 985.404(10) FS. History–New 10-10-06, Repealed 7-19-15.

Fla. Admin. Code R. 63G-2.003 Facilities and Maintenance

History

Rulemaking Authority 985.404(10)(b) FS. Law Implemented 985.404(10)(b)1. FS. History–New 10-10-06, Repealed 7-19-15.

Fla. Admin. Code R. 63G-2.004 Staffing and Operations

History

Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9)(b)1. FS. History–New 10-10-06, Amended 7-15-07, Repealed 7-19-15.

Fla. Admin. Code R. 63G-2.0045 Intake and Orientation

History

Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9)(b)1. FS. History–New 7-15-07, Repealed 7-19-15.

Fla. Admin. Code R. 63G-2.005 Security

History

Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9)(b)1. FS. History–New 10-10-06, Amended 7-15-07, Repealed 7-19-15.

Fla. Admin. Code R. 63G-2.006 Treatment, Training and Education of Youth

History

Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9)(b)2. FS. History–New 10-10-06, Amended 7-15-07, Repealed 7-19-15.

Fla. Admin. Code R. 63G-2.007 Sanitation

History

Rulemaking Authority 985.404(10)(b) FS. Law Implemented 985.404(10)(b)3. FS. History–New 10-10-06, Repealed 7-19-15.

Fla. Admin. Code R. 63G-2.008 Capacity

History

Rulemaking Authority 985.404(10)(b) FS. Law Implemented 985.404(10)(b)4. FS. History–New 10-10-06, Repealed 7-19-15.

Fla. Admin. Code R. 63G-2.009 Bedding and Linens

History

Rulemaking Authority 985.404(10)(b) FS. Law Implemented 985.404(10)(b)5. FS. History–New 10-10-06, Repealed 7-19-15.

Fla. Admin. Code R. 63G-2.010 Nutrition

History

Rulemaking Authority 985.404(10)(b) FS. Law Implemented 985.404(10)(b)6. FS. History–New 10-10-06, Repealed 7-19-15.

Fla. Admin. Code R. 63G-2.011 Medical Treatment, Health and Comfort

History

Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9)(b)7. FS. History–New 10-10-06, Amended 7-15-07, Repealed 7-19-15.

Fla. Admin. Code R. 63G-2.012 Disciplinary Treatment

History

Rulemaking Authority 985.404(10)(b) FS. Law Implemented 985.404(10)(b)8. FS. History–New 10-10-06, Repealed 7-19-15.

Fla. Admin. Code R. 63G-2.013 Purpose and Scope

This rule establishes the standards and requirements for the provision of secure detention services for juveniles in centers operated by the Department of Juvenile Justice (DJJ). These rules do not govern the operation of non-DJJ centers such as those run by county sheriff offices.

History

Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9) FS. History–New 8-9-15.

Fla. Admin. Code R. 63G-2.014 Definitions

For the purpose of this chapter, the following words shall have the meanings indicated:

(1) Activity Schedule – The calendar of events regulating the youth’s daily routine in a secure detention facility.

(2) Admission – The process of placing a youth in secure detention status in the Juvenile Justice Information System (JJIS). In addition, the act of physically placing a youth in a secure detention facility.

(3) Admission Officer – The officer performing the admission of a youth to secure detention.

(4) Assistant Superintendent – The person second in command responsible for the operation of a designated juvenile detention center.

(5) Attempted Escape – An action toward the commission of the criminal offense of escape. An attempted escape in a physically secure facility means the youth did not breach the facility’s perimeter fence, or during transport the youth remained within the supervision of staff.

(6) Behavior Management System – A system that tracks youth behavior and provides incentives and rewards for positive behavior.

(7) Behavioral Confinement – Placement of a youth in a secure room during situations in which a youth’s onset of behavior imminently and substantially threatens the physical safety of others or compromises security.

(8) Capacity – The maximum number of youths the facility is capable of housing safely and securely.

(9) Cavity Search – A search of the youth involving physical examination of the body cavities (i.e., the mouth, ears, nose, anus and vagina) by trained medical personnel in a hospital setting.

(10) Census Counts – Process used to physically count each youth in the facility to ensure the number of youths in the facility is consistent with the number of youths the data system indicates are in the facility.

(11) Central Communications Center (CCC) – A 24-hour per day, 7-day per week system to which incidents occurring at state or contract operated facilities or programs are reported.

(12) Classification – The identification and placement of youths in facility housing and programming based upon a classification matrix.

(13) Close Supervision – The observation by a staff member assigned to monitor a youth at intervals not to exceed five minutes throughout the youth’s stay in his/her room and/or sleeping area. Visual checks must be made of the youth’s condition (i.e., outward appearance, behavior, and position in the room) at intervals not to exceed five minutes.

(14) Codes – Colors and/or numbers that are used as standard communication codes to ensure fast, accurate, and universal communication in detention facilities.

(15) Confinement Report – The form used to document the occurrence of a youth being placed in behavioral confinement. The confinement report is available within the computerized Juvenile Justice Information System: Facility Management System.

(16) Constant Supervision – The continuous and uninterrupted observation of a youth by a staff member who has a clear and unobstructed view of the youth and unobstructed sound monitoring of the youth at all times. Constant supervision shall not be accomplished through video/audio surveillance. Video/audio surveillance shall be used only to supplement physical observation by staff.

(17) Continuity of Operations Plan (COOP) – A plan that provides for the continuity of mission essential functions of a juvenile detention center in the event an emergency prevents occupancy of its primary physical plant or facility.

(18) Contraband – Those items or materials which, either by their original design, or through alterations made to them, could be used to compromise the safety and security of the facility (illegal items, sharps, escape paraphernalia, drugs, devices, unauthorized food or beverages, metals, cell phones, keys or any item deemed unsafe, or a threat to facility security).

(19) Corrective Action Plan (CAP) – A plan that addresses the correction and/or tracking of issues affecting facility operations and staffing.

(20) Cost of Care Recovery – Fees ordered by the court for the care, support and maintenance of the youth while detained in a state-operated facility.

(21) Department – The Florida Department of Juvenile Justice.

(22) Designated Health Authority (DHA) – The DHA shall be a physician (MD) who holds an active, unrestricted license pursuant to Chapter 458, F.S., or an osteopathic Physician (DO) who holds an active, unrestricted license under Chapter 459, F.S., and meets all requirements for practice in the State of Florida. The Physician must be either Board Certified in Pediatrics, Family Practice or Internal Medicine (with experience in adolescent health) or Board-Eligible and have prior experience in treating the primary health care needs of adolescents. A Psychiatrist who holds an unrestricted license under Chapter 458 or 459, F.S., may serve as the DHA of a facility that provides specialized mental health services, as long as the Psychiatrist has current experience in medically treating the physical health care needs of adolescents. The DHA shall be either a state employed or contract Physician accountable for ensuring the delivery of administrative, managerial and medical oversight of the facility health care system. Corporate physicians, who do not perform clinical/administrative duties on-site, shall not be the Designated Health Authority. The DHA shall ultimately be responsible for the provision of necessary and appropriate health care to youth in the care of a detention center.

(23) Designated Mental Health Clinician Authority – A Licensed Mental Health Professional who, through employment or contract, is responsible for ensuring appropriate coordination and implementation of mental health and substance abuse services in a departmental facility.

(24) Detention Screener – The individual who completes the detention screening and ensures proper paperwork is present to correctly screen a youth for detention.

(25) Detention Youth Supervision Matrix – A classification matrix form designed to set the minimum definitions, characteristics, and requirements of supervision for youth within a facility. The Detention Youth Supervision Matrix (DS 101 August 2020) is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-12173.

(26) Disaster Plan – A plan that addresses a detention facility’s response to potential disaster or emergency situations.

(27) Disturbance – Any situation resulting in the loss of control of youth in a facility or program that necessitates calling in local law enforcement, other outside sources, and “all available staff” to assist in quelling the disturbance and getting the facility back under control regardless of whether there are any resulting injuries.

(28) Documentation – The act or instance of supplying electronically or manually prepared material, references, or records.

(29) Escape – Any incident involving a youth who leaves the grounds or fenced boundaries of a secure detention facility while not in the custody of staff or who is detained in such a place and leaves the custody of facility staff when outside the facility, must be reported as an escape regardless of the length or duration of the departure.

(30) Facility Management System (FMS) – The computer based system used by state-operated juvenile detention centers as the primary source of documentation and reporting for facility operations. Forms and reports generated by FMS are considered to be both the official and original documentation.

(31) Facility Operating Procedures (FOP’s) – Detailed procedures that operationalize and implement Rules 63G-2.013-.026, F.A.C., within a specific facility.

(32) Florida Child Abuse Hotline – Serves as the central reporting center for allegations of abuse, neglect, and/or exploitation for all children and vulnerable adults in Florida. The Hotline Number is 1(800)96-ABUSE.

(33) Frisk Search – A physical search of the person involving the passing of hands over the person’s outer clothing.

(34) Grievance – A written complaint by a youth in a secure juvenile detention center.

(35) Grievance Procedure – A process for addressing youths’ grievances in secure detention centers.

(36) Group Punishment – The punishment of a group of youths for the behavior of a few.

(37) Inactive Files – File material resulting from a youth’s previous detention placement.

(38) Incident Report – A report used to document the occurrence of an event that is disruptive to the daily operation of a facility. The incident report is available within the computerized Juvenile Justice Information System: Facility Management System.

(39) Incident Reporting – An occurrence or situation that requires notification to the CCC, Administration, Florida Child Abuse Hotline, or Law Enforcement.

(40) Individual Healthcare Record – The permanent departmental file containing the unified cumulative hard-copy collection of clinical records, histories, assessments, treatments, diagnostic tests which relate to a youth’s medical, mental health, substance abuse, developmental disability, behavioral health and dental health, which have been obtained to facilitate care or document care provided while the youth is in a detention center.

(41) Juvenile Justice Detention Officer (JJDO) – An Officer responsible for the direct supervision of the youth in secure detention.

(42) Juvenile Justice Detention Officer Supervisor (JJDOS) – An Officer responsible for the direct supervision of other JJDO officers in the performance of their duties.

(43) Juvenile Justice Information System (JJIS) – The Department’s electronic information system used to gather and store information on youths having contact with the Department.

(44) Juvenile Probation Officer (JPO) – An Officer that serves as the primary case manager for the purposes of managing, coordinating and monitoring the services provided and sanctions required for youths on probation, post-commitment probation or conditional release supervision. In this chapter, whenever a reference is made to the tasks and duties of a JPO, it shall also apply to case management staff of a provider agency contracted to perform these duties and tasks.

(45) Learning Management System (LMS) – System used for the delivery of online learning courses and the tracking and management of computer-based and instructor-led training.

(46) Legal Guardian – A person lawfully invested with the power, and charged with the obligation, of taking care of and managing the property and rights of a person who, because of age, understanding, or self-control is considered incapable of administering his or her own affairs.

(47) Level 1 Vocational Programs – These programs are pre-vocational and shall include provision of counseling or instruction contributing to personal accountability skills and behaviors appropriate for youth in all age groups and ability levels that lead to work habits with youth competencies.

(48) Logbook – A written format for communication and record keeping in a secure detention facility.

(49) Master Control – A centralized location within a detention facility where all operational functions are monitored and observed. It is the central security focal point in the facility for both communication and tracking of youth movement.

(50) Module/Mod – A living unit inside a secure detention facility designed for housing youth.

(51) Mechanical Restraints – This includes restraint devices such as metal handcuffs, leg cuffs, waist chains and zip ties.

(52) Medical Confinement – The placement of a youth in a secure room to allow youth to rest and recover from illness and/or prevents the spread of a communicable illness (i.e. flu, H1N1 virus, etc.). The use of medical confinement is not intended as punishment or discipline and is ordered by the DHA.

(53) One-to-One Supervision – The supervision of one youth by one staff member who must remain within five feet of the youth at all times. The staff member must maintain constant visual and sound monitoring of the youth.

(54) Precautionary Observation – A suicide precaution method that provides for the constant supervision of a suicide risk youth in designated observation areas of the facility that are safe and secure.

(55) Property Custodian – Superintendent or designee responsible for oversight of the youth’s property.

(56) Protective Action Response (PAR) – The Department-approved verbal and physical intervention techniques and the application of mechanical restraints used in accordance with Chapter 63H-1, F.A.C.

(57) Quality Improvement System (QI) – The process authorized by Section 985.632, F.S., governing the assessment of a program’s operation, management, governance, and service delivery based on established standards.

(58) Regional Director – The Department employee responsible for the supervision of the Superintendents of the state-operated juvenile detention centers in a specified region. This person also provides direct oversight and technical assistance to all secure detention facilities in a specified region.

(59) Release – The removal of a youth from detention status.

(60) Right Interactions (PAR) Report – The form used to document the occurrence of an event where an employee has used one of the physical intervention techniques. The Right Interactions (PAR) Report is incorporated in Chapter 63H-1, F.A.C.

(61) Secure Detention – A physically restrictive facility for the housing of youth pending adjudication, disposition, placement or by court order.

(62) Security Devices – Devices, both mechanical and electrical, that enhance security in the facility.

(63) Sexual Misconduct – Any act of sexual abuse and/or sexual harassment.

(64) Special Needs Supervision – Any youth admitted who is age 9 years or younger or a youth that has an emotional handicap, a physical handicap, or has developmental delays is placed on Special Needs Supervision. The supervision requires one staff to one youth supervision at all times.

(65) Standard Supervision – The required visual observations of the youth’s condition (i.e., outward appearance, behavior, and position in the room) while in his or her room at intervals not to exceed ten minutes.

(66) Strip Search – A visual check of a youth without clothing. A strip search shall be conducted in a private area with two staff members present, both of the same sex as the youth being searched.

(67) Suicide Precautions – Use of Precautionary Observation or Secure Observation for supervising, observing, monitoring and housing youth who have been identified as a potential suicide risk. Suicide Precautions require that specific action be taken within a DJJ facility or program to protect a youth considered at risk of suicide or potential self injury.

(68) Suicide Prevention Tool – A tool utilized in DJJ facilities to cut the youth free from material used in a suicide attempt.

(69) Superintendent – The Department employee responsible for the operation of a designated juvenile detention center.

(70) Supervision – The direct care, custody, and control of youths while in detention status.

(71) Visual Observation Report (VOR) – The form used to document the frequency of supervision checks conducted by juvenile detention staff as well as the juvenile detention staff’s observations of the youth’s behavior and activities during confinement. The VOR is available within the computerized Juvenile Justice Information System: Facility Management System.

(72) Work Order System – Documentation of efforts made to address preventative and corrective mainteance needs.

(73) Youth – Any youth ordered into secure detention status.

History

Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9) FS. History–New 8-9-15, Amended 11-22-20.

Fla. Admin. Code R. 63G-2.015 Facility Management

(1) Accountability: The Superintendent or designee is responsible for ensuring compliance with all applicable laws, rules, regulations, policies and procedures related to the operation of a secure detention facility and to the proper care, custody, and control of detained youths.

(a) Background and drug screening shall be conducted on all potential staff and volunteers in compliance with the requirements set forth in Section 985.644, F.S.

(b) Facility Operating Procedures shall be maintained at each detention center.

(2) Detention Reviews.

(a) In order to ensure proper management of youths placed in secure detention and to ensure appropriate sharing of information, the Superintendent or designee shall conduct a weekly Detention Review staffing to discuss each youth listed on the census for secure and non-secure detention and electronic monitoring.

(b) Part of the staffing should address court orders. The Superintendent shall assign the responsibility for reviewing court orders to a staff member. Questionable court orders, those orders that appear to contradict Florida Statutes, shall be forwarded to circuit or regional staff according to department and regional policy.

(3) Staff Meetings: Staff meetings will be used to coordinate efforts, supervise work, solve problems, assign responsibility and delegate authority.

(a) Supervisors shall meet with their subordinate staff daily, prior to the beginning of their respective shifts.

(b) A record of each meeting shall be retained and copies of the minutes of each meeting shall be available to all staff.

(4) Interagency and Community Relations.

(a) The facility shall meet with or make contact quarterly with representatives of agencies involved in the juvenile justice continuum, including:

The juvenile court(s),
The State Attorney’s Office,
The Public Defender’s Office,
Local law enforcement agencies,
School system,
Contracted programs/agencies; and,

(b) The Superintendent shall seek interagency input in the development of goals and objectives.

(c) Any tours of the facility shall be approved by the Regional Director. Juveniles touring the facility are prohibited from entering the secure area of a detention center.

History

Rulemaking Authority 985.644, 985.601(9)(b) FS. Law Implemented 985.601(9) FS. History–New 8-9-15.

Fla. Admin. Code R. 63G-2.016 Maintenance

(1) The Department shall follow sanitary standards for juvenile detention facilities as set forth by the Department of Health.

(2) The Superintendent is responsible for ensuring the physical plant and all equipment is in proper repair and fully functional. Any repair(s) that cannot be completed shall be documented and reported to the regional office.

(a) All staff shall report physical safety features in need of repair or maintenance. If a condition exists that constitutes a safety hazard, it shall be reported to the Superintendent or designee as soon as possible.

(b) Each detention facility shall maintain maintenance schedules and a work order system.

(c) The Superintendent or designee shall ensure that systems or programs, contracted or otherwise, are in place to address facility needs related to the maintenance, repair, replacement and continual evaluation of equipment.

(3) The Superintendent or designee shall ensure all tools and equipment are properly cared for, stored and inventoried.

(a) Inspections of tool control areas shall be conducted and documented monthly.

(b) Perpetual inventories of all tools shall be maintained.

(d) Youths are forbidden to use or access any tools, kitchen or medical equipment. Youths may use cleaning items such as mops, brooms, and buckets and other common household items under direct staff supervision.

(e) Kitchen knives and other hazardous kitchen sharps shall be stored in a locked cabinet, drawer or toolbox that contains an inventory list and shall be accounted for daily.

(4) The facility, including the attached buildings and grounds, shall be clean, landscaped and well maintained. Furnishings shall be kept in good repair. Staff shall utilize a FMS maintenance work order system or other approved work order systems to identify damage or situations in need of repair.

(5) The Superintendent is responsible for the implementation of a safety plan addressing proper use, storage, inventory, access, and disposal of toxic, caustic, flammable and poisonous items.

(a) Youths shall not be permitted to use, handle, or clean-up dangerous or hazardous chemicals or respond to chemical spills. Youths shall not be permitted to clean, handle, or dispose of any other person’s bio-hazardous material, bodily fluids or human waste.

(b) The Superintendent is responsible for the development of a site-specific plan addressing exposure to blood borne pathogens.

History

Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9)(b)1.-3. FS. History–New 8-9-15.

Fla. Admin. Code R. 63G-2.017 Staffing

(1) Facility Organization: The Superintendent or designee shall maintain an organizational chart of the center’s personnel structure.

(2) Staff Schedules.

(a) Staffing patterns will ensure that the safety, well-being and appropriate supervision of youths are addressed at all times.

(b) The on-site person in charge of a detention center shall be the rank of JJDOS or above.

Should events or circumstances beyond the control of management dictate the need to temporarily place a person of lesser rank than a JJDOS in charge of a detention center, the Superintendent and/or Assistant Superintendent shall be notified immediately. In addition, the Regional Director shall be notified.
A diligent effort shall be made to relieve the lesser ranked staff as soon as administrative staff can be located to provide replacement.

(3) Critical Posts.

(a) Critical posts are defined as those areas which should have staff present twenty-four hours a day, seven days a week, for safe and secure facility operations.

(b) The following six areas have been identified as critical posts:

Supervision of Youth (facility modules),
Master Control,
Admissions/Releases,
Transportation,
Security (e.g., rover, runner, etc.); and,
Supervision of Staff (Supervisors on duty).

(c) The number of staff assigned to any one of these critical posts will depend on a variety of factors, including, but not limited to: number of beds, average daily population, number of admissions/releases, number of counties served, transportation requirements and court schedules.

(4) Double On.

(a) Staff identified on the officer schedule as responsible for performing “double-on” duty (working two consecutive shifts) shall be prepared to perform this duty at the direction of the JJDOS. Supervisors shall make all reasonable attempts to minimize the use of “double-on,” but shall never do so at the expense of youth safety and security.

(b) In instances where officers are required to work two consecutive shifts, administrators shall make an effort to allow the officers sixteen consecutive hours off prior to returning to work.

(5) Training Requirements.

(a) The Superintendent or designee is responsible for all facility training.

(b) Drills are used in an effort to ensure the safety and security of all youths and employees.

Continuity Of Operations Planning (COOP) Drills – Shall be conducted, at minimum, twice a year, with one drill being completed prior to the hurricane season.
Escape Drills – Shall be conducted on a quarterly basis.
Fire Drills – Shall be conducted monthly, on each shift.
Medical Drills – Shall be conducted quarterly, on each shift.
Suicide Prevention Mock Drills – Shall be conducted quarterly, on each shift.

(6) Interns and Volunteers:

(a) The Superintendent or designee shall maintain a file on all interns and volunteers. The file shall include, at a minimum, the approved background screening paperwork, the Superintendent’s review of the paperwork and documentation of training.

(b) An officer shall maintain supervision of youths during all intern or volunteer sponsored activities.

(7) Non-facility staff in secure areas.

(a) Visiting personnel conducting official business shall display proper identification.

(b) The Superintendent, or designee, shall designate what area non-staff persons may access.

History

Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9) FS. History–New 8-9-15.

Fla. Admin. Code R. 63G-2.018 Documentation/Management Systems

(1) All documents, including information entered into JJIS and/or FMS, represent official records. Failure to document required information, falsification of information, or failure to properly retain written documents may result in disciplinary action up to and including dismissal.

(2) The Superintendent is responsible for ensuring all appropriate information is entered into the Department’s Juvenile Justice Information System (JJIS) and/or Facility Management System (FMS). The information in these systems is used to provide necessary information about the youth and the facility.

(3) Logbooks.

(a) Detention facilities shall use, at a minimum, a logbook in Master Control, one for each living area, and one for visitors.

(b) At a minimum, living area logbooks shall document date and time of an event or activity, names of staff and youths involved, a brief description of the event, initials of the person making the entry and the date and time of the entry.

(c) At a minimum, the Master Control logbook shall document emergency situations and incidents, drills, receipt of medical and mental health alerts, required population counts, youth group movement, admissions and releases, presence of law enforcement personnel who are not employees, youths placed in or released from confinement, and youths placed on or released from precautionary/secure observation.

(d) The Superintendent or designee shall review all logbooks at least weekly. The review of the documentation must be highlighted.

(e) The supervisor(s) shall review the Master Control logbook when accepting responsibility for the facility and review the living area logbooks daily.

(f) The JJDO shall review the logbook entries from the previous shift when accepting responsibility for the living area.

(g) Each logbook review shall be documented in the logbook and shall designate the name and position of the reviewer and the date and time the review was completed.

(4) Youth files shall be labeled Confidential and be maintained securely.

(5) Reports related to facility operations fall into two categories: internal and external reports.

(a) Internal reports refer to reports that are utilized regularly by officers and other facility staff in the day-to-day operation of the facility. Internal reports include, but are not limited to, the following:

Shift reports,
Incident reports,
Confinement reports,
PAR reports,
Fire/Safety/Housekeeping and Security Inspections,
Mod and common area contraband inspections; and,
Perimeter searches.

(b) External reports refer to reports that are forwarded from the facility to outside entities as required by the Legislature, the Department or other governmental agencies. External reports include, but are not limited to:

Reporting of incidents to the Central Communications Center,
National School Lunch meal reports, if applicable; and,
Reports to the Florida Child Abuse Hotline, pursuant to Chapter 39, F.S.

(6) Monitoring and Assessment.

(a) The Superintendent and facility management team shall monitor daily and overall operations. The Superintendent, Assistant Superintendent, or the person in charge of the facility shall tour the youths’ living areas at least once during each shift and shall document the visit in the area’s logbook.

(b) The Superintendent or member of the administrative team has the responsibility of preparing quarterly reports analyzing facility operations. The quarterly reports shall include:

Results of various inspections.
Review, investigation and follow-up actions of incidents impacting the safety and security of daily operations.
Population trends.
Report on conditions of confinement for youth.
Officer morale and compliance with policies and procedures.
Other issues as identified by the Superintendent.

(c) The quarterly reports shall be reviewed by the Superintendent and shall be forwarded with comments and/or corrective actions to the Regional Office by the 10th day of the month following the quarter’s end.

(d) Action items and issues identified in Quality Improvement (QI) Reviews, management reviews, security audits, regional inspections or those items deemed necessary by the Regional Director or designee may result in a corrective action plan.

(e) Closed Circuit Television (CCTV) surveillance equipment in detention facilities assists in the supervision of youths. Strategically placed surveillance cameras help to monitor the safety and security of youths and officers. Surveillance cameras will not be used, however, as a substitute for direct officer supervision. A priority will be placed on the repair/replacement of any defective surveillance camera. Superintendents, or their designee, must review a minimum of one hour of random CCTV video per week. CCTV video must also be reviewed for Protective Action Response (PAR) actions and incidents, as necessary.

(7) The Superintendent shall submit all reports as required by the state and/or regional management.

(8) The Superintendent or designee shall ensure that all mandatory reports are completed and submitted by contracted providers, to include but not limited to, mental health, psychiatric, and medical services.

History

Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9)(b)1. FS. History–New 8-9-15.

Fla. Admin. Code R. 63G-2.019 Security

(1) Security Audits.

(a) In order to maintain appropriate security within the facility, ongoing reviews and audits of security systems, devices, and procedures must be conducted. The Superintendent shall ensure security audits are conducted and documented on a quarterly basis.

(b) Audit results shall be submitted to the Regional Director within ten business days of completion of the audit.

(2) Security Devices.

(a) Employees and contracted staff shall ensure:

All doors are closed and locked when not in use to include, but not limited to, closets, offices, laundry, classrooms, and storage rooms.
All occupied and unoccupied cell room doors are closed and locked at all times.
No door shall be propped open unless approved by the Superintendent or designee for documented extenuating circumstances. Documentation of the permission to have the door(s) propped open shall be in the logbook.
Cell doors are opened and secured individually except during a facility emergency.
Personal cell phones are prohibited in the secure area of a detention center without the written authorization of the Superintendent or designee.

(b) Facility staff shall ensure the provision of a clean, safe and secure physical environment that is in proper repair with all security equipment fully functional and operable.

(3) Mechanical Restraints:

(a) Mechanical restraints may be used as a method of controlling youth who present a threat to safety and security within the facility. The shift supervisor shall be notified of the need for or application of mechanical restraints as identified in the Protective Action Response Training Curriculum.

(b) Whenever mechanical restraints are used, a report shall be completed and submitted for review. The only exception to this requirement is when mechanical restraints are used to transport youths outside the secure area of the facility.

(d) Mechanical restraints shall not be used as a means of discipline.

(4) Master Control – Master Control is responsible for maintaining chronological documentation of all activity within the facility.

(5) Communications.

(a) The Superintendent shall require that officers and Supervisors, upon reporting to duty, are briefed by the outgoing JJDOS or designee on each shift.

(b) All officers assigned to the direct supervision of a group of youths shall be issued radios to be used to communicate with other officers, Supervisors and Master Control as needed. Facility administration shall be assigned radios compatible with those issued to staff.

(d) Color codes, via radio communications and/or intercom announcements, shall be utilized to announce certain emergencies to officers and other facility personnel. The communication of a color code shall include the location where the incident is occurring.

(6) Key Control: The Superintendent shall outline a system of key control that addresses assignment, tracking, storage and disposal or replacement of lost or damaged keys, including keys to the program’s vehicles. Emergency key rings shall be maintained separately in a secure location designated by the Superintendent. These keys shall be notched or otherwise identifiable by touch and shall provide egress through facility exterior doors providing access to evacuation areas.

(a) Employees who are issued keys shall receive key control training prior to receiving facility keys and shall carry the assigned keys on their person at all times when in the facility.

(b) Youths are not allowed to handle or use facility keys.

(7) Youth Movement.

(a) Officers shall remain alert while they interact with youths.

(b) Officers must be aware of the location and movement of all youths assigned to their supervision at all times.

(c) All youths shall be in sight of at least one JJDO at all times (with the exception of sleeping hours or time secured in rooms).

(d) Officers are prohibited from leaving their area of responsibility without being properly relieved by a co-worker and obtaining approval from the Supervisor.

(e) When a youth leaves the group or program area of the facility for any reason, all officers assigned to supervise the youth must be informed.

(f) Master Control authorizes all movement of youths prior to the actual movement. No movement shall occur until Master Control gives clearance and authorizes the movement.

(g) When moving youths from one area of the facility to another, officers shall:

Stop all group activities prior to the scheduled move to allow time to prepare the group to move.
Count all youths before leaving the area, around corners, and upon arrival at the destination.
Be positioned so that visual sight of all youths is maintained throughout the move.
Never allow any youth to trail behind an officer.
Move youths in a straight line along one side.

(8) Visual Observation Report (VOR).

(a) When a youth is confined to a room, whether for sleeping or other reasons, officers shall conduct visual observations to ensure safety and security.

(b) Visual observations shall be documented to include the time of the observation and the initials/identification of the officer completing the observation. Electronic documentation is acceptable for facilities using electronic cell check systems, however, pre-printed times are prohibited.

(c) There shall be no obstructions (clothing, memos, pictures, etc.) over windows and areas where staff are likely to be in the presence of youths and direct line of sight is needed.

(d) If an officer, in the course of completing observations, is unable to see any part of a youth’s body, the officer shall, with the assistance of another officer, open the door to verify the youth’s presence.

(e) Levels of youth supervision – All youth are screened at admission and during their detention stay for medical, mental health and substance abuse needs. Based on this screening, youth are placed on one of four levels of supervision under the Detention Youth Supervision Matrix (DS 101 August 2020). These levels include:

Standard Supervision.
Close Supervision.
Constant Supervision.
One-to-One Supervision.

(9) Alerts – In order to ensure the safety and well-being of youth, Superintendents shall be responsible for ensuring that JJIS Alerts are reviewed, responded to appropriately, and documented.

(10) Counts.

(a) Officers must know the exact number and location of all youths under their supervision at all times. Census counts of youths shall be taken, called into Master Control, and documented, at a minimum:

At the beginning and end of each shift.
Following any emergency to include: power outages, evacuation due to emergency drills, and any code called. In the event a code is called in any location outside the main walls of a facility, it is critical that all youth counts are reconciled prior to the movement of any group of youths.
Prior to and following routine group movement.
Anytime a population change occurs.
Randomly, at least once on each shift.

(b) There shall be no youth movement during counts until Master Control confirms the counts, reconciles the count and authorizes facility activity to resume.

(c) At the discretion of the Superintendent or designee, visitors may be asked to exit the secure area of the facility during shift change or to cease any non-essential movement.

(11) Staff Positioning – Officers will position themselves strategically in the mod, during movement, in the classroom and other areas of the facility or during transportation so as to have optimum sight and sound supervision.

(12) Searches.

(a) The Superintendent shall ensure that the primary function of any search is to locate contraband and to identify any item or situation that may be hazardous or otherwise compromise safety or security.

(b) All searches, and the result of each search, shall be documented in the designated logs, in FMS or a manual logbook used for these recordings, and on the shift report.

(d) Law enforcement shall be contacted if any item found would be considered illegal as defined in Florida Statute, or if there is evidence of any type of unlawful activity.

(e) Frisk, Strip and Other Physical Searches.

Electronic searches of youths shall be conducted during admission and following any transport.
An officer of the same sex as the youth being searched shall conduct a frisk search.
Frisk searches shall be conducted: during admission; following activities outside the secure area of the facility; following visitation with a person(s) from outside of the facility (visitation, attorney, clergy, etc.); prior to and after transportation; or if there is a reasonable suspicion that a youth is harboring contraband. Based upon youth behavior, a frisk search will be conducted prior to being placed in behavioral confinement.
A strip search is a visual check of a youth without clothing. A strip search shall be conducted in a private area with two staff members present, both of the same sex as the youth being searched. If two staff of the same sex as the youth are not available, one staff of the same sex as the youth may conduct the strip search while a staff of the opposite sex is positioned to observe the staff person conducting the search, but cannot view the youth.
Strip searches shall be conducted during admission or if there is a reasonable suspicion a youth is harboring contraband.
Staff shall prepare the youth prior to the initial frisk search or any strip search by explaining the purpose and procedure of the search, while assuring the youth of his or her safety. Throughout the search, staff shall avoid using unnecessary force and shall treat the youth with dignity and respect to minimize the youth’s stress and embarrassment.
Staff shall not search or physically examine a transgender or intersex youth for the sole purpose of determining the youth’s genital status. If the youth’s genital status is unknown, it may be determined during conversation with the youth, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner.
Cavity searches shall be approved by the Superintendent or designee when it is strongly suspected that a youth has concealed contraband in a body cavity. Trained medical personnel must conduct a cavity search in a hospital setting. Detention staff are not authorized to conduct a cavity search.

(f) The following shall be documented in FMS when applicable:

Room searches shall be conducted during the first two shifts (morning and afternoon) or if there is a reasonable suspicion that a youth is harboring contraband in a room.
Recreation field searches shall be conducted prior to any outdoor activity.
Perimeter, outside the fence line, and parking lot(s) searches shall be conducted once during each shift.

(13) Contraband – The facility must have procedures in place to dispose of contraband.

(14) Criminal Gangs.

(a) Each facility shall identify a staff person to serve as a gang representative.

(b) Facility staff 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.

(c) Consequences for youths who participate in any criminal gang activity or any other gang related activity not specifically defined in statute shall be consistent with the behavior management program.

(15) Disturbances.

(a) Disturbances must be reported to the CCC according to the requirements of Chapter 63F-11, F.S. The Superintendent or designee shall be responsible for the notification of the Regional Director.

(b) A Code is to be called any time an officer determines that there is a potential threat to the safety of officers, youths, or property.

(16) Hostages: Each facility must have a plan in place to address hostage situations that must include, in the event a hostage situation occurs, the following procedures:

(a) If hostages are involved in an escape or other situation, staff should do nothing that shall, in any way, endanger the safety of the hostages.

(b) The nearest officer shall notify Master Control of the hostage situation, giving the location and number of youth involved.

(c) Master Control shall contact 9-1-1. If the incident occurs outside the facility, the officers involved will also contact 9-1-1 and Master Control.

(d) The shift supervisor shall immediately notify the Superintendent or designee of a hostage situation.

(e) If directed by administration, staff shall attempt to verbally intervene using calming non-confrontational language. The Superintendent or his representative shall notify the Detention Regional Director.

(f) All youth not involved in the situation shall be moved to the nearest secure area. The area in which the hostage has been taken shall be secured until the situation has been resolved.

(g) If at all possible, the situation should be stalled until a trained law enforcement negotiator arrives.

(h) The CCC shall be contacted according to the reporting guidelines.

(17) Capacity/Overcrowding.

(a) Each Facility shall develop an overcrowding contingency plan.

(b) The plan shall address:

The maximum number of youths the facility is capable of housing safely and securely. If the number of youths in a facility is such that the amount is greater than 125 percent of the designated bed capacity, the facility shall be considered overcrowded.
Actions to be taken when the facility reaches the identified maximum capacity shall include requesting release of youths through the Court and transferring youths to other facilities if space is available and if deemed to be in the best interest of safety and security.

(18) Firearm and Weapon Control.

(a) The Superintendent shall ensure the following:

Firearms and weapons as defined in Chapter 790, F.S., shall not be in the possession of any facility employee while on facility property or during the performance of their job.
Firearms and weapons may only be brought into the secure area of any detention facility by law enforcement when emergency conditions exist.

(b) The possession of any firearm or weapon by a youth is a criminal act. Such items shall be seized if there is no immediate danger posed and law enforcement must be contacted.

(19) Emergencies – Officers and other facility staff shall be trained and prepared to address emergency situations. Any facility staff member shall call 9-1-1 if it is believed that any youth or staff requires emergency care. If 911 services are requested, Master Control shall be notified of the request as soon as possible to assist arriving emergency personnel in getting to the proper location.

(20) Escape Attempts and Escape.

(a) If an escape attempt occurs:

Staff shall immediately alert other officers by announcing a Code Green and the location over the radio.
Master Control shall communicate Code Green to all other staff and specify the location. All non-essential radio transmissions shall cease.
All available officers shall respond and provide assistance in maintaining control of the group or apprehending the youth attempting to escape.
All movement in the facility shall cease. Youth counts shall be conducted.
All youth shall be returned to their mods upon authorization from the shift supervisor and clearance from Master Control. Youth may be placed in lockdown status at the discretion of the supervisor.
In the event this movement cannot occur for security reasons, all youth are to be instructed to sit down at their current location.
The supervisor shall determine when it is appropriate to resume the daily schedule.
Any attempt by staff at apprehending the escaping youth should be done only if the remaining youth are under the direct supervision of another officer. If this procedure is not followed, it is quite possible that an escape involving one youth could develop into a situation in which a number of youth escape.
If staff can physically intervene in stopping the youth from escaping, he/she should do so by securing the youth. If the youth resists, the officer shall use the DJJ approved Protective Action Response techniques to control the youth.
Local law enforcement shall be contacted and advised of the attempted escape.
Following an attempted escape, the facility’s administration shall review all aspects of the attempted escape, and submit a corrective action plan to the Regional Director for review and approval.
The attempted escape shall be documented in the logbook as identified in Facility Operating Procedures and a detailed incident report shall be completed.

(b) Should a youth successfully escape, staff shall comply with the actions described above as well as the following actions:

Local law enforcement shall be contacted immediately and advised of the escape. The reporter is to provide as much information about the youth as possible (height, weight, hair color, eye color, scars, tattoos, clothing description, potential destinations, etc.). A photograph may be provided to law enforcement for identification purposes.
The facility Superintendent shall be notified of the escape attempt at the earliest possible time. If the escape occurs at a time when facility administration is not on duty, the shift supervisor shall be responsible for contacting (either by cellular telephone or home telephone) the on-call administrator.
The following shall be notified within two (2) hours of the escape:

a. Central Communications Center,

b. Chief Probation Officer of the circuit,

c. Parent/guardian,

d. State Attorney, who shall make every effort to notify the victim, material witnesses, parent(s) or guardian(s) of a minor who is a victim or witness, or immediate relatives of a homicide victim of the escapee; and,

e. The court having jurisdiction over the youth.

The bedding and clothing of the escaped youth shall be confiscated and made available to law enforcement.
The escape shall be documented in the logbook as identified in Facility Operating Procedures and a detailed incident report shall be completed.
Upon apprehension, the State Attorney and Judge, parents, Juvenile Probation Officer, Chief Probation Officer, law enforcement shall be notified of the youth’s return to the facility.

(c) All staff shall be trained in escape prevention annually. The facility shall conduct and document quarterly mock escape drills.

(21) Vehicles.

(a) Vehicle searches shall be conducted prior to and after the transportation of any youths.

(b) All vehicles shall be inspected and the inspection documented prior to each use. If, during vehicle safety and security inspection, any item is found or suspected to be out of compliance, and no other vehicle is available, the officer must have the transportation coordinator or the JJDOS’ approval prior to transport.

(c) The transporting officer(s) shall inspect and document the inspection of the inside of vehicle prior to the transport to ensure that the vehicle is safe and that no contraband is present. The officer shall inspect each seat, underneath and between the cushions, air vent, around the security cages, and the floor areas. If any contraband is found, the officer shall turn it over to the JJDOS and write an incident report documenting the find and circumstances. After completion of the search, the vehicle shall be locked to prevent the possible introduction of contraband.

(d) General Vehicle Guidelines.

Fifteen-passenger vans can transport no more than thirteen youths at any one time.
Each vehicle is to include at least two transporters, one of which must be gender appropriate.
Youths and staff are not permitted to smoke or use any tobacco products.
Transporters are not permitted to play radios, taped music, or any other electronic devices while youths are in the vehicle.
Cell phone usage (calls and texting) for personal reasons is prohibited.
All persons riding in state vehicles or personal vehicles while on state business shall use seat belts.
Transporters must observe all traffic laws.
If a youth in custody attempts to escape, one (1) staff shall remain to control the other youths and call for assistance. The second staff shall pursue the escapee. Extra caution shall be used as to not pursue the escapee into oncoming traffic.

History

Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9)(b)1., 4. FS. History–New 8-9-15, Amended 11-22-20.

Fla. Admin. Code R. 63G-2.020 Admissions, Orientation and Releases

(1) The admission process shall address the following:

(a) Review of required paperwork from law enforcement and screening staff prior to initiating the admission process.

No youth presented to be securely detained shall be accepted for detention if in need of emergency medical care, require mental health crisis intervention or are under the influence of, or withdrawing from, any intoxicant.
If a youth in crisis is mistakenly accepted for admission into secure detention, the JJDOS shall make the necessary arrangements for the youth to see the facility’s medical or mental health staff or shall ensure the youth is transported to a hospital emergency room or Baker Act facility.

(b) Inactive files shall be reviewed, if available, to obtain useful information.

(d) All body piercings on youths shall be removed at admission. The medical staff will follow-up with the youth to assess the need for treatment of any related infections.

(e) The youth shall be allowed to place a telephone call to the parent or guardian at the facility’s expense or the youth’s refusal to make a call shall be documented. The youth shall not be allowed to telephone the victim(s) unless it is a relative who is the victim of the domestic violence and the admission officer verifies that the victim is willing to talk with the youth.

(f) If the admission process is completed two hours or more before the serving of the next scheduled meal, the youth shall be offered something to eat.

(g) The youth shall be screened to identify medical, mental health, and substance abuse needs. Any indication requiring services shall be documented, and appropriate referrals and services provided. Information obtained during the screening that could affect the youth’s status (example: admission of sexual assault on others) shall also be transmitted to the shift supervisor and the youth’s Juvenile Probation Officer (JPO) for further investigation. The detention facility shall use an alert system within JJIS to identify a youth with special needs. Current prescription medications shall be documented in the JJIS alert system. Staff shall provide the required level of supervision to those youths that appear in the alert system to ensure their special needs are met.

(h) Classification of Youths. The Superintendent shall establish a classification system that promotes safety and security, as well as effective delivery of treatment services, based on determination of each youth’s individual needs and risk factors that addresses, at a minimum, the following:

Physical characteristics, including sex, height, weight, and general physical stature,
Age and maturity level,
Identified special needs, including mental, developmental or intellectual, and physical disabilities,
History of violence,
Gang or human trafficking affiliations,
Criminal behavior,
Sexual aggression or vulnerability to victimization; and,
Identified or suspected risk factors, such as medical, suicide, and escape or security risks. Any youth classified as a suicide risk shall be placed on Suicide Precaution.

(i) Lesbian, gay, bisexual, transgender, or intersex youth shall not be placed in particular housing, bed, or other assignments solely on the basis of such identification or status. Placement shall be considered on a case-by-case basis whether the placement will ensure the youth’s health and safety, and whether the placement would present management or security problems.

(j) A photograph of the youth shall be taken and maintained in the youth’s file and uploaded into JJIS.

(2) Property:

(a) The Superintendent shall ensure that a drop safe for the initial storage of youths’ valuables shall be under video surveillance.

(b) The Superintendent shall ensure that all locations for the storage of youth property are secure.

(c) The Superintendent shall ensure that staff will not receive or have personal use of any youth’s property or money, unclaimed or otherwise.

(d) The Superintendent or designee shall notify the CCC and file an incident report when a youth’s personal property valued $50.00 or more is alleged to have been stolen or any U.S. currency belonging to a youth is alleged to be be lost or stolen.

(e) In the presence of each detained youth, the admission officer shall inventory all personal property in the youth’s possession and record each item surrendered to the admission officer into JJIS.

(f) All money and personal items of value shall be verified and secured in a clear tamper-proof property bag. The description of these items on a property receipt form shall include that the item described is “in the safe.”

(g) Information on the clear tamper-proof property bag shall include, at a minimum, the date, the youth’s name, the youth’s JJIS identification number, a listing of the items in the bag, the youth’s signature, and the signature of the person who placed the items in the property bag and sealed it.

(h) In the event a youth refuses to sign a property receipt form, the officer performing the admission shall notify a supervisor and that JJDOS shall document the youth’s refusal on the form.

(i) After the youth has signed a property receipt form and the clear tamper-proof property bag, the bag shall be placed in the drop safe. This action shall be recorded in the drop safe bound logbook to include the date, time, youth’s name, youth’s JJIS identification number, printed name of the officer who secured the property and the officer’s initials.

(j) The admission officer shall have the youth sign a letter of acknowledgement in which the youth acknowledges that unclaimed personal property is deemed abandoned and subject to disposal. Unclaimed personal property is property in the possession of the facility for more than thirty (30) days after the legal guardian has been notified to either retrieve, or make arrangements to retrieve, the property. This notification is sent to the legal guardian if the property is not taken by the youth at the time of his or her release, or is not retrieved by the legal guardian within seven calendar days of the youth being committed to high or maximum risk.

(k) Other personal property, including the youth’s clothing, shall be placed in an assigned locker/bag as documented on a property receipt form. This form is then placed in the youth’s active file.

(l) Upon the youth’s release from detention and retrieval of personal property, the releasing officer, the youth, and the youth’s legal guardian shall review and sign the property receipt form and account for all of the youth’s personal property.

(m) In the event a youth and/or the youth’s legal guardian refuses to sign a property receipt form, the releasing officer shall notify the JJDOS who shall document the refusal on the form.

(n) A copy of a signed property receipt form, which acknowledges the return of youth’s personal property, shall be placed in the youth’s file.

(3) Orientation:

(a) The admission officer shall orient each youth by clearly communicating to the youth the rules of the center and expectations of behavior. Orientation shall include, at a minimum, the following:

Facility rules and regulations,
Grievance procedures,
Visitation,
Telephone calls,
Available medical, mental health and substance abuse services and how to access them,
How to access the Florida Child Abuse Hotline,
Expectations for behavior and related consequences,
Possible new law violations for destruction of property; and,
Youths rights.
PREA-related information.

a. During intake, all youth will be provided with information on the agency’s zero-tolerance policy regarding sexual misconduct, including how to report incidents or suspicions of sexual misconduct.

b. Special accommodations shall be made to ensure all written information about sexual misconduct policies, including how to report sexual misconduct, is conveyed verbally to youth with limited reading skills, youth who are limited English proficient, or who are visually impaired, deaf, or otherwise disabled.

c. Within ten days of intake, the facility staff shall provide comprehensive education to youth (either in-person or via video) regarding their rights to be free from sexual misconduct, their rights to be free from retaliation for reporting such misconduct, and the agency’s sexual misconduct response policies and procedures. Refresher information will be readily available to all youth at all facilities. The facility will retain documentation of youth participation in said education in the youth’s file.

d. Information regarding the Department’s policy on zero-tolerance of sexual misconduct will be posted and visible to all youth at all facilities at a minimum via posters and brochures.

e. Youth shall have access to Department approved outside victim advocates, for emotional support services related to sexual misconduct. The facility shall post, provide, or otherwise make accessible mailing address and telephone numbers (including hotline numbers) of local, state, or national victim advocacy or rape crisis organizations. Communications with such organizations shall be available in as confidential a manner as possible.

(b) Orientation shall occur within twenty-four hours of a youth being admitted into the facility and documented accordingly.

(4) Living Area/Room Assignments:

(a) Youths shall be assigned to a room based on classification.

(b) Youths shall be reclassfied if changes in behavior or status are observed.

(c) Youths with a history of committing sexual offenses, or of being a victim of a sexual offense, shall not be placed in a room with any other youth.

(d) Youths with a history of violent behavior shall be assigned to rooms where it is least likely that they will be able to jeopardize safety or security.

(5) Transfers:

(a) Youths may be transferred into a detention center from either another detention center or from a residential commitment program. If a youth is scheduled to be at a detention center for less than eight hours, the youth shall not be entered into the general population and no admission paperwork shall be required. Only the following admission process is necessary for these youth:

The youth shall be screened to determine if there are any mental health, substance abuse, or physical health needs, and referrals and services will be provided as necessary.
The youth shall be electronically searched, frisk searched, and strip searched. All personal property shall be searched, inventoried and securely stored.

(b) Transfer youth that will be in the detention for more than eight hours will go through the full admission process.

(6) Releases:

(a) All releases must be court ordered with the exception of death, escape or expiration of the detention time period as noted on the court order.

(b) The following documents are required:

Court order, or
In the absence of a written court order, documentation (by an officer of the Court or a Juvenile Probation Officer) of a Verbal Order in open court shall be used to confirm the release.
Prior to the youth’s release, the JPO shall provide documentation as to whom the youth is to be released. In the absence of this documentation, the Superintendent or designee shall determine if the person to whom the youth may be released is a parent, guardian or responsible adult.

To ensure accuracy, the on-duty shift supervisor shall review all paperwork related to a release prior to the youth’s release from secure detention.
The shift supervisor is responsible for ensuring there are no “holds,” court orders, or other legal reasons not to release the youth.
The releasing officer shall verify the identification of the youth.
The person to whom the youth is to be released shall present photo identification, which shall be photocopied and placed in the youth’s file.
Upon the youth’s release from detention and retrieval of personal property, the releasing officer, the youth, and the youth’s legal guardian shall review and sign a property receipt form and account for all of the youth’s personal property.
Prescription drugs shall be given to the person to whom the youth is being released, with an appropriately signed receipt. The signed receipt shall be placed in the youth’s Individual Health Care Record (IHCR).
Both the youth and the person taking custody shall be advised of the following:

a. Any future court dates.

b. Any other issues related to the youth’s health or welfare including needs related to medical care, mental health or substance abuse, including pending appointments.

The required parties shall sign all applicable release forms.
The releasing officer shall complete all release paperwork including the input of required data into the JJIS within one hour of release.

(d) Each facility must have procedures in place to address the negligent release of a youth.

(e) Should a parent/legal guardian refuse to take custody of a youth being released from detention, creating a lockout situation, the local agreement protocols between the Department and the Department of Children and Families (DCF) shall be enacted. The youth’s Juvenile Probation Officer and the Detention Regional Director shall be notified immediately.

History

Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9)(a) History–New 8-9-15.

Fla. Admin. Code R. 63G-2.021 Officer Conduct and Professionalism

(1) Officer Professionalism/Code of Conduct:

(a) When interacting with youths, officers shall maintain professional behavior and relationships.

(b) Officers shall not verbally abuse, demean or otherwise humiliate any youth, and shall not use profanity in the performance of their job.

(c) Physical abuse of youths is prohibited by law and any suspicion or knowledge of such must be reported to both the Florida Child Abuse Hotline and the CCC. If a youth is at least 18 years old and not disabled, physical abuse is to be reported to the CCC only, but the youth should be given the opportunity to file a police report. If a youth is at least 18 years old and has a disability, both the Florida Child Abuse Hotline and CCC must be notified.

(d) Officers shall not engage in or allow verbal or physical “horseplay” with and/or between any youths.

(e) Officers shall not enter the occupied sleeping quarters or confinement rooms of a youth unless accompanied by an officer of the same sex as the youth. In an emergency situation, such as medical crisis or a situation that would jeopardize the immediate safety or security of a youth, officers of the opposite sex as the youth are authorized to enter the youth’s room to provide emergency care after the officer has requested assistance. Single officer cell entry is permitted to save lives.

(f) Officers shall not have any physical contact with any youth except in the necessary application of Protective Action Response (PAR) techniques or other emergency response measures.

(g) Officers shall not engage in personal relationships nor discuss any personal information relating to themselves or other officers with any youth.

(h) Officers shall not have any contact with detention youth who have been released from the facility.

(i) If a youth is a relative or family friend of an officer, or otherwise has regular contact with the officer, it is the responsibility of the officer to immediately report such to the supervisor on duty.

(j) Officers shall maintain the confidentiality afforded to all youths, and shall not release any information to the general public or the news media about any youth in detention or who has been in the custody of the Department.

(2) Uniforms – All designated detention staff shall wear uniforms as required.

History

Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9)(b)1. FS. History–New 8-9-15.

Fla. Admin. Code R. 63G-2.022 Behavior Management and Behavioral Confinement

(1) Principles – The use of an established behavior management system promotes safety, respect, fairness and protection of rights within the facility.

(2) Behavior Management:

(a) A behavior management system will enhance safety and security as it relates to youth behavior. Each facility shall implement a behavior management system that includes:

Fair and consistent consequences,
A three level system for rewarding positive behavior,
A process for youth to move up or down the level system; and,
Extra incentives tailored specifically for facility youth as they move up the levels.

(b) The behavior management system shall be explained to all youth during the admission and orientation process, and a copy of the behavior management system shall be posted in all living areas. Youth shall be provided an orientation brocuhure at the time of admission, which clearly describes the behavior management system.

(c) At the beginning of each awake shift, the expectations for the day will be conveyed to the youth. Officers shall review the daily schedule so youth know what to expect. The expected behaviors and incentives will be posted in each mod.

(d) At no time shall a youth be allowed to exercise control over or provide discipline or care of any type to another youth.

(3) Behavioral Confinement:

(a) Behavioral confinement is an immediate, short-term, crisis management strategy for use during situations in which one or more youth’s behavior imminently and substantially threatens the physical safety of others or compromises security. Confinement may not be used to harass, embarrass, demean or otherwise abuse a youth.

(b) All youth placed in confinement shall be provided:

Three meals per day and an evening snack;
Access to medical care as needed;
Access to mental health care as needed;
Daily shower;
Clean clothing daily;
Hygiene items such as toothbrush, toothpaste, deodorant and feminine hygiene products;
Mattress;
Education materials provded through education staff; and
Notice of the youth’s right to grieve a confinement placement.

(c) Youth shall be removed from confinement as soon as the youth is not a continued threat to safety or security. Supervision and documentation of confinement shall consist of the following:

The officer making the confinement placement shall submit an incident report and a confinement report to the supervisor.
Supervision shall be documented on the confinement Visual Observation Report (VOR) Log at a minimum of every five (5) minutes during the first hour in confinement. The youth will be supervised according to how they are classified on the Detention Youth Supervision Matrix (DS 101 August 2020) thereafter.
If a physical injury is observed, the youth complains of an injury or illness, the youth has a known chronic health condition (including pregnancy) or the youth experienced a fall, impact, or blow such that injury could reasonably be expected, a health care professional shall be immediately notified for timely assessment and treatment to be documented in the youth individual healthcare record. For a pregnant youth, the documentation shall consist of a report that includes the reason confinement is necessary, the reason less restrictive means are not available, whether a qualified medical professional objects to the placement, and any alternative recommendations or plan of care. When a medical professional is not on site to provide an assessment and determine if there is an objection to the placement of a pregnant youth in confinement, then the on-call practitioner must be contacted. The contact person, date, time and the response from the on-call practitioner shall be documented on the report, which must be given to the pregnant youth within twelve (12) hours.
The Supervisor must conduct an initial confinement review with the youth no later than two (2) hours from the incident.
Supervisors and staff are expected to personally counsel the youth throughout the placement and document each interaction on the VOR.
The Supervisor will conduct additional reviews with the youth at a minimum of every 3 hours following the initial confinement review and document the review in FMS. Each review must include a reason for continued confinement. The reviews shall be done in person and, unless during sleeping hours, shall include a conversation with the youth.

(d) Confinement shall not exceed twenty-four (24) hours for pregnant youth. Confinement for all other youth shall not exceed twenty-four (24) hours except for those rare instances where the youth’s behavior continues to imminently and substantially threaten the physical safety of others or compromises security, at which point the following process for Confinement Review must be initiated:

Confinement Reviews will be chaired by the Regional Director or designee and be conducted in person or over the phone. The review must be held a minimum of two (2) hours prior to the end of the twenty-four (24) hour period.
The Superintendent or designee must provide the chair with a copy of the youth Confinement Report and all documented review and interviews with the youth.
The Superintendent or designee and a member of the facility mental health team must meet with the youth prior to the Review to discuss continued confinement.
The chair shall document his or her decision.

a. If the youth’s behavior continues to imminently and substantially threaten the physical safety of others or compromise security, the youth shall be continued in confinement for an additional period up to but not exceeding 24 hours. Mental health staff must see the youth as soon as reasonably possible, and thereafter, regular reviews will be conducted under subparagraph (c)6., above.

b. If the youth’s behavior does not imminently and substantially threaten the physical safety of others or compromise security the youth shall be returned to general population.

c. A copy of the Confinement Review documentation, including the chair’s decision, shall be distributed to the Regional Director and the Assistant Secretary for Detention Services and uploaded into FMS.

The youth shall be removed from confinement if, at any point during or after the Confinement Review, the youth’s behavior ceases to imminently and substantially threaten the physical safety of others or compromise security.

(4) Grievances:

(a) Youths may submit a written grievance if they feel their rights have been violated or they have been treated unfairly.

(b) The JJDOS will review the grievance by the end of the shift with action taken within twenty-four hours.

(d) Any grievance involving physical safety will be brought to the attention of the Superintendent, or designee, for immediate resolution and may be called in to the CCC if reporting requirements are met.

(e) Grievances do not replace the responsibility of reporting abuse. If the grievance is an allegation of abuse, it must be reported to the Florida Child Abuse Hotline and the CCC, and shall be handled pursuant to such guidelines.

History

Rulemaking Authority 944.241, 985.601(9)(b) FS. Law Implemented 944.241, 985.601(9)(b)8. FS. History–New 8-9-15, Amended 11-22-20.

Fla. Admin. Code R. 63G-2.023 Youth Activities

(1) Daily Activities.

(a) Youths are expected to participate in all activities unless exempted due to medical or disciplinary reasons.

(b) JJDOs shall supervise all activities and shall maintain safety and security.

(2) Activity Schedules.

(a) The Superintendent or designee shall develop a daily schedule clearly outlining the days and times for every youth activity.

(b) Daily activity schedules shall be posted in all living areas.

(c) JJDOSs shall adhere to the daily activity schedules. The on-duty Supervisor must approve any significant changes in the activity schedule (e.g., cancellations, extended delays, etc.), and shall document the rationale for the changes on the shift report.

(d) The placement of all youths in their rooms for a period exceeding two hours is defined as a lockdown. This excludes the placement of all youths in their rooms for sleeping purposes or a situation prompted by inclement weather. The Superintendent and/or Assistant Superintendent shall be notified immediately should a lockdown occur. In addition, the Regional Director shall be notified.

(3) Gender-Specific programming: Detention facilities shall provide gender-specific programming and strategies for at-risk girls and boys, including those related to physical and mental abuse, high risk sexual behavior, mental health and substance abuse issues and gang activity.

(4) Restorative Justice: Detention facilities shall provide services that reflect and promote restorative justice programming and strategies. Programming will enhance accountability, community safety and competency development in the restorative justice model.

(5) Life and Social Skills: Detention facilities shall provide interventions or instruction that focus on developing life and social skill competencies in youths. Life and social skills are those skills that help youths function more responsibly and successfully in everyday life situations, including skills that specifically address interpersonal relationships. Non-clinical staff may implement life and social skills interventions or instruction except when the instructional materials are specifically designed for use by clinical staff.

(6) Education: All youth will receive educational services and instruction while detained.

(7) Recreation and Physical Activities.

(a) Youths shall be afforded at least one hour daily of large muscle exercise outdoors. Outdoor exercises may be canceled, postponed or moved indoors at the discretion of the JJDOS for reasons related to weather, safety or security but such actions shall be documented.

(b) Activities such as free weights, softball, baseball, tackle football and horseshoes are prohibited activities due to safety and security concerns.

(c) Officers shall not participate in any physical activity with youths, but may direct or otherwise instruct youths in an activity.

(d) Exercises shall be consistent with the youths’ physical capabilities.

(e) Exercises shall not be used for punitive reasons nor to demean, embarrass or humiliate a youth.

(8) Indoor Activities.

(a) Indoor activities shall promote educational, problem solving and/or life skills.

(b) The Superintendent shall oversee the conditions, content, and supervision necessary for the use of books and other leisure reading materials, television programming, videos, movies, and games in the program. Except for academic classroom materials approved by educational personnel, the Superintendent or designee shall screen or preview the content of books and other reading materials, television programming, videos, movies, and games to prevent youth’s access to content that promotes violence, criminal activity, sexual activity, or abuse.

(c) All movies shall be rated G or PG and be previously approved by the Superintendent or designee. All PG 13 movies must approved by the Assistant Secretary for Detention Services.

(d) Indoor activities shall be canceled or postponed at the discretion of the on-duty Supervisor for reasons related to safety or security. Such actions shall be documented.

(e) The JJDOS shall ensure that television/videos are used either for educational purposes or as part of the facility’s behavior management system. Television programs and videos shall be content appropriate and should not promote violence, criminal activity, or sexual/abusive situations.

(f) Youth access to the internet shall be limited to educational purposes only and must be under direct supervision by staff.

(9) Visitation.

(a) At a minimum, visitation shall be scheduled two (2) days per week (one shall be a weekend day) and shall be clearly posted in the lobby area of the facility.

(b) Visitation is an important component of a youth’s stay in detention and is to be encouraged and supported by detention staff. Parents, grandparents, legal guardians and children of youth who are in secure detention are approved visitors. Special visits may be approved by contacting the facility Superintendent. The Juvenile Probation Officer may be consulted regarding special visitation.

(c) Legal counsel, probation, law enforcement, clergy and other professionals may visit outside of regularly established visitation times as necessary, and are subject to any requirements regarding signing-in and out.

(d) All visitors are subject to electronic search. Visitors shall not bring personal items (e.g., keys, purses, packages) into the secure area. The introduction of unauthorized items into a detention facility is a third-degree felony, and posted visitation rules shall include this information.

(e) Visitors must sign-in and sign-out.

Parents will only sign the youth JJIS printed visitation sheet.
All others coming to see a youth will sign the youth JJIS printed visitation sheet and the visitation logbook. The visitation logbook will be bound, and must include columns for date, name, purpose of visit, name of visited youth and sign-out time.
Visitors not seeing any youth will only sign the bound visitation logbook.

(f) Visitors shall be denied entrance if they:

Refuse to be searched or fail to comply with an officer’s instructions;
Are under the influence, or appear to be under the influence, of any intoxicating substance;
Fail to present proper photo identification;
Attempt to introduce contraband into the secure area; or
Are dressed in inappropriate attire (no shirt or shoes, clothing or jewelry that displays violence, drugs or alcohol, or clothing that is sexually explicit).

(g) Visitation may be terminated if the behavior of the visitor or youth jeopardizes the safety or security of the facility. The termination of a visit may lead to the suspension of future visitation privileges at the discretion of the Superintendent.

(h) Any questions that a visitor may have regarding the youth’s case or charges shall be referred to the assigned Juvenile Probation Officer. Other questions shall be referred to the on-duty JJDO Supervisor.

(i) The visitation room and any other common areas shall be searched both prior to and following visitation to ensure the absence of any hazardous or dangerous items or items that would be considered contraband.

(j) Youth shall be frisk searched following visitation. If contraband is suspected, but not found during the frisk search, a strip search shall be initiated.

(k) Stakeholder Access: The stakeholders listed below are authorized to visit juvenile detention centers operated by the state and county between the hours of 6:00 a.m. and 11:00 p.m. A request for an after-hours tour between the hours of 11:00 p.m. and 6:00 a.m. must be submitted to and approved by the Assistant Secretary for Detention at least 14 days prior to the tour. Stakeholders taking an after-hours tour will not be permitted access to any areas where youth are sleeping. All of the following stakeholders are subject to an electronic search:

The Governor;
A Cabinet member;
A member of the Legislature;
A judge of a state court;
A state attorney; and
A public defender.

(l) News Media Tours: Permission for visits by bona fide news media representatives shall not be unreasonably withheld.

News media representatives consist of persons whose principal employment is gathering and reporting news for a:

a. Radio or television program whose primary purpose is news reporting for a licensee of the Federal Communications Commission;

b. Newspaper reporting general interest information news and circulated to the public in the community where it is published;

c. News magazine that has a national circulation, and is sold by mail subscription or on newsstands to the general public; and

d. National or international news service.

News media tours of a juvenile detention facility shall be pre-arranged with the Department’s Office of Communications when visiting a state operated facility, or with the relevant sheriff’s office when visiting a county operated facility. Prior notice of not less than one week is required, or whatever additional time may be necessary to verify that each individual requesting the tour is a bona fide news media representative. It shall be the responsibility of the news media representatives requesting the tour to present the Department’s Office of Communications or the relevant sheriff’s office the evidence referenced in this paragraph establishing that such person is a bona fide news media representative.
The following conditions apply to media tours:

a. News media representatives shall be required to provide news station ID and two verifiable contacts for the media group they represent. Phone numbers for these contacts must also be provided. If the contacts provided do not confirm the representative’s association with the respective media group, the representative shall be required to provide two additional contacts. If such contacts do not confirm the representative’s association with the media group, the tour shall be cancelled and the individual shall not be permitted future tours.

b. All news media representatives are subject to electronic search.

c. News media representatives must be escorted by staff. The tour must be conducted by the highest-ranking staff on duty at the time, but no rank lower than a Juvenile Justice Detention Officer Supervisor (JJDOS), or the equivalent first-line supervisory staff at a county operated facility.

d. Random access not specific to the purpose of the tour is prohibited.

e. During an emergency, news media representatives will be restricted to a designated area identified by the facility administrator or designee.

f. Media members are limited to two (2) per tour.

g. Attorneys, physicians, youth’s family members, and victims, or family members of victims, may not accompany media representatives on their tours.

h. Media representatives must provide identification upon entry into the juvenile detention facility.

i. Interviews and photographs of youth or staff are prohibited.

j. Photography and video making equipment are prohibited.

k. Privacy of youth shall be observed by the media. No movie films, television tapes, or recordings may be made of youth.

l. Media representatives shall not be given access to juveniles on any type of observation defined in Rules 63N-1.00951-.00952, F.A.C., or in any area where youth are showering or performing hygiene.

m. Department employees are not authorized to sign film crew or media location releases.

n. Tours are authorized between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except holidays, provided the facility administrator or designee determines that such tours would not impair or disrupt the normal operation or security of the facility and would not endanger the safety of the visitor.

o. No part of the juvenile detention facility may be filmed.

p. Foreign Press: In addition to all of the above, foreign press members must provide criminal history clearance from the official criminal history registry of their native country. Contact information for a representative from the agency that maintains that registry must also be provided. A legible copy of the foreign media representative’s passport must be submitted to the Department’s Office of Communications or to the relevant sheriff’s office prior to the tour.

(m) All stakeholders and media representatives must sign and abide by the confidentiality agreement applicable to the facility being toured:

For access to a state operated juvenile detention facility, the stakeholder or media representative must sign the Facility Visitors (Stakeholders & Media) Confidentiality Agreement (DS 100, July 2018), which is incorporated by reference, and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09854 and by contacting DJJ Office of Detention Services, 2737 Centerview Drive, Tallahassee, FL 32399.
For access to a county operated juvenile detention facility, the stakeholder or media representative must sign a substantively similar form or agreement provided by the sheriff that, at minimum, ensures confidentiality of youth, prohibits contraband, authorizes electronic search, and prohibits the use of recording and electronic devices.

(10) Telephone Usage.

(a) The Superintendent shall develop procedures governing telephone usage.

(b) All youth shall have access to use a telephone for a minimum of fifteen minutes per week.

(c) Youth shall have access to a telephone to make or receive telephone calls with/from legal counsel and/or their JPO. These calls are not counted as part of the weekly allocated fifteen minutes of calls.

(11) Mail.

(a) The Superintendent shall develop procedures governing mail.

(b) Youths shall be provided the opportunity to both receive and send mail.

(c) Postage and writing materials shall be provided by the facility for personal correspondence for youth to post a minimum of two (2) letters weekly.

(d) All incoming and outgoing mail shall be screened within 48 hours for content that could jeopardize safety or security.

History

Rulemaking Authority 985.601(9)(b), 985.6885(4) FS. Law Implemented 985.601(9)(b)1.-2., (c), 985.6885 FS. History–New 8-9-15, Amended 10-2-18.

Fla. Admin. Code R. 63G-2.024 Safety

(1) All staff trained and certified in CPR, First Aid and Automated External Defibrillator (AED) techniques shall provide emergency care to youth as needed.

(2) Emergency numbers (i.e., Poison Control, 9-1-1, etc.) are to be posted, at a minimum, in the JJDOS’ office, medical clinic, Master Control, mod sub control areas and the kitchen.

(3) First Aid Kits shall be secured and strategically placed throughout the facility and in all vehicles. First Aid Kits are to be used in the event of an emergency and may be used as needed by trained staff.

(4) All facilities shall have emergency medication (e.g., Epi-pen) and suicide rescue tools (knife for life, etc.), available for use in the event of an emergency. All staff coming into contact with youths must know the location of all emergency response equipment and be trained in their use.

(5) In the event that emergency first aid or medical care is necessary, staff shall complete an internal incident report and forward a copy of the report to the nurse for proper recording in the youth’s Individual Healthcare Record.

(6) Should it be necessary to transport a youth for off-site medical services, all orders and follow-up instructions from the off-site provider shall be delivered to the medical clinic for proper implementation, scheduling of appointments, and follow-up of other scheduled appointments. The parents or legal guardians of the youth shall be notified as soon as possible in the event of emergency medical treatment.

(7) In the event emergency medical services are required, staff shall call 9-1-1.

(a) Any detention facility staff, contracted employee, teacher or volunteer has the right and responsibility to contact 9-1-1 (emergency services) if it is felt that a potentially life-threatening situation exists.

(b) If a staff calls 9-1-1, they shall notify the supervisor and Master Control as soon as it is reasonably safe to do so. This shall allow the facility time to prepare for the arrival of emergency services and ensure that the first responders do not waste time in locating the source of the emergency.

(c) The Superintendent or designee shall ensure that emergency use of 9-1-1 procedures are posted near telephones and throughout the facility. They shall also ensure that staff are trained or instructed on how and when to use these procedures.

(d) All available staff shall respond and render emergency care until Emergency Medical Services (EMS) arrives. Master Control shall ensure that staff members are in place to expedite access to the injured youth or staff by EMS.

(8) Continuity of Operations Plan (COOP) and Disaster Plans.

(a) Each Superintendent, or designee, shall have a planned and comprehensive approach to effectively manage emergencies and disaster events, including those that require the detention facility to re-locate its youths and staff while maintaining operations, safety, and security. The Superintendent shall oversee the development of a Disaster Plan and a COOP Plan that are coordinated or one comprehensive plan that incorporates both.

(b) The Superintendent shall designate a staff member to oversee disaster and COOP coordination.

(c) The Disaster Plan shall address, but not be limited to, fire and fire prevention/evacuation, severe weather, major disturbances, bomb threats, hostage situations, chemical spills, flooding, and terrorism threats or acts.

History

Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9)(b)3., 7. FS. History–New 8-9-15.

Fla. Admin. Code R. 63G-2.025 Hygiene

(1) Hygiene.

(a) The youth shall engage in hygiene practices that promote health and well-being. The designated health authority shall institute and promote a facility health and hygiene program.

(b) Youths shall shower daily, participate in routine dental care and otherwise maintain a daily hygiene routine.

(c) Superintendents shall ensure that youths are provided with the necessary items to perform daily hygiene and personal grooming, including, but not limited to:

Toothpaste, toothbrush, soap, shampoo, toilet paper, sanitary products, deodorant, brush or comb, and access to a razor and fingernail clippers for use under staff supervision,
Adequate and appropriately sized clothing items in good condition and appropriate for the season,
Clean outer clothing shall be provided at least three times weekly,
Clean undergarments and socks shall be provided daily.

(d) During shower time, the following procedures are to be followed:

Whenever youths are showering, all youths not physically in the shower area shall be secured in their rooms with room checks being conducted based on the youth’s level of supervision.
Youths shall not share an individual shower stall or showerhead at any time.
Staff shall visually observe the shower area at all times while youths are showering.
Youths identified as nine years of age and under or youths that are developmentally disabled, medically disabled, mentally ill, or sex offenders, shall not be in the shower area with another youth. These youths shall shower before or after other youths have showered.
Transgender and intersex youth shall be given the opportunity to shower separately from other youth.

(e) Staff of the opposite sex shall announce their presence when entering a youth living area.

(2) Bedding and Linens.

(a) All mattresses shall be individually certified as meeting national fire safety performance requirements. Polyurethane mattresses shall be prohibited.

(b) Clean bed linens shall be issued as follows:

All newly admitted youths shall be provided with clean bedding, including a pillow.
Each youth shall be provided two clean sheets and one clean pillowcase weekly. Youths on precautionary observation may be issued alternative bedding such as a suicide blanket.
New linens shall be provided as needed for youth that bedwet or are menstruating.

(d) Each youth shall be issued one clean towel and one clean hand cloth daily.

(3) Fingernails shall be kept trimmed so as to not pose a threat to safety and security.

History

Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9) FS. History–New 8-9-15.

Fla. Admin. Code R. 63G-2.026 Nutrition

(1) The nutritional needs of youths shall be met per dietary requirements consistent with the current American Dietary Guidelines.

(2) A twenty-eight day menu cycle shall be implemented and shall be reviewed and approved annually by a licensed dietician.

(a) A minimum of two hot meals shall be served daily.

(b) No more than fourteen hours shall pass between the dinner and breakfast meals.

(d) Special dietary needs of youths due to health or religious reasons shall be met when verified by medical or religious authorities.

(3) Use of required meals and snacks in the facility’s behavior management system is prohibited. The trading or giving of food between youths is also prohibited.

(4) The Superintendent or designee shall ensure compliance with all applicable guidelines and required policies and procedures related to the operation within the detention facility of the USDA National School Lunch and School Breakfast Programs.

History

Rulemaking Authority 985.601(9)(b) FS. Law Implemented 985.601(9)(b)6., 8. FS. History–New 8-9-15.

Division 63J Direct Support Organizations

Chapter 63J-1 Procedures and Operations

Fla. Admin. Code R. 63J-1.001 Direct Support Organization Functions and Bylaws

(1) The Direct Support Organization (DSO) of the department shall adopt bylaws.

(2) Bylaw provisions shall include, but are not limited to, the following:

(a) Description of the DSO, including name and purpose;

(b) Structure and organization;

(d) Board of directors, officers and committees;

(e) Meetings and quorum;

(f) Staff assistance;

(g) Fiscal procedure; and

(h) Amendment of bylaws.

History

Specific Authority 985.672(4)(c), 985.64 FS. Law Implemented 985.672 FS. History–New 5-17-07.

Fla. Admin. Code R. 63J-1.002 Use of Department Property

The DSO is authorized to use department property, facilities and personal services as determined by the Secretary. Such use shall be authorized when the use benefits the department or the juvenile system and to the extent consistent with the department’s mission of ensuring public safety and preserving the confidentiality of youth identifying information.

History

Specific Authority 985.672(4)(c), 985.64 FS. Law Implemented 985.672 FS. History–New 5-17-07.

Fla. Admin. Code R. 63J-1.003 Disposition of Funds

The DSO’s board of directors shall provide for the receipt, deposit and withdrawal of all funds consistent with the following provisions:

(1) Depository withdrawals shall be on numerically controlled checks signed by two (2) persons authorized by the board.

(2) All funds received from all sources shall be deposited intact in a designated depository as soon as practicable and a record shall be kept to identify the payer, the amount, and the purpose. Funds received from federal sources shall be accounted for separately, but may be deposited in a bank account with other corporate funds except when the terms of such receipt require a separate depository account.

History

Specific Authority 985.672(4)(c), 985.64 FS. Law Implemented 985.672 FS. History–New 5-17-07.

Fla. Admin. Code R. 63J-1.004 Budget

The DSO shall submit its annual budget to the Secretary or the Secretary’s designee for review no later than May 1 of each year.

History

Specific Authority 985.672(4)(c), 985.64 FS. Law Implemented 985.672 FS. History–New 5-17-07.

Division 63F Division of Administration

Chapter 63F-8 POLICY REVIEW FOR CONTRACTED DELINQUENCY SERVICES

Fla. Admin. Code R. 63F-8.001 Scope

History

Rulemaking Authority 20.316, 985.405, 985.407 FS. Law Implemented 985.407 FS. History–New 8-5-04, Repealed 7-20-20.

Fla. Admin. Code R. 63F-8.002 Definitions

(1) Policy – For purposes of this rule, a “policy” is an operational requirement that applies to only the specified contracted delinquency service or program and that encompasses the general goals and acceptable procedures of the Department. Excluded from this rule are any policies which:

(a) Are issued as a result of a statutory mandate or an emergency and require implementation in a shorter time period than is described in this rule, or

(b) Apply only to grants administered by or through the Department.

(2) Contracted Delinquency Service or Program – A service or program for supervision, custody, education or treatment of delinquent youth operated under contract with the Department.

(3) Fiscal Impact Statement – Identifies the fiscal impact of the policy on the Department and contracted delinquency service or program providers. A Rule 63F Fiscal Impact Statement will be prepared for each applicable policy by the Department. The Rule 63F Fiscal Impact Statement (FDJJ-1000-2, 6/8/2004) is incorporated and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-12025.

History

Rulemaking Authority 985.64, 985.644 FS. Law Implemented 985.644 FS. History–New 8-5-04, Amended 7-20-20.

Fla. Admin. Code R. 63F-8.003 Development of New and Revised Policies

The Department shall:

(1) Post the proposed policy, the draft Fiscal Impact Statement, and identifying information of the Department’s contact person on the Department’s internet site (http://www.djj.state.fl.us/partners/policies-resources/department-policies/policies-under-review).

(2) Provide notice in the Florida Administrative Register advising the public that a proposed policy has been posted, that briefly describes the proposed policy and identifies the Department’s internet site. This notice begins the public comment period of 10 working days.

(3) Prepare a written response to public comments submitted in that period.

(4) Prepare a second draft of the proposed policy and Fiscal Impact Statement. Post the second draft of the proposed policy, the response of the Department to comments received, the Fiscal Impact Statement, and identifying information of the Department’s contact person on the Department’s internet site.

(5) Post the policy on the Department’s internet site upon approval by the Secretary of the Department.

History

Rulemaking Authority 985.64, 985.644 FS. Law Implemented 985.644 FS. History–New 8-5-04, Amended 7-20-20.

Chapter 63F-11 CENTRAL COMMUNICATIONS CENTER

Fla. Admin. Code R. 63F-11.001 Purpose and Scope

The rule establishes the requirements governing the accurate reporting and dissemination of information regarding occurrences which require the immediate and/or urgent response, action or other intervention by the department to protect and ensure the safety and security of the youth under its jurisdiction, and the public, and significant incidents relating to the care, safety and humane treatment of youths under department supervision and in facilities and programs operated by the department, its providers and grantees.

History

Rulemaking Authority 985.64 FS. Law Implemented 985.601 FS. History–New 10-11-10.

Fla. Admin. Code R. 63F-11.002 Definitions

For the purpose of this rule chapter, the following terms are defined as follows:

(1) Abscond – To hide, conceal, or absent oneself from the jurisdiction of the court or supervision of the department to avoid prosecution or supervision.

(2) Administrator – The state employee or designee at the Headquarters or Regional level responsible for the overall department operation in a geographic area or program.

(3) Baker Act – Within this rule, the term Baker Act refers to Section 394.451, F.S., covering involuntary mental health examination and placement for persons with mental illness.

(4) Central Communications Center (CCC) – The unit located in department headquarters that is charged with receiving reports regarding incidents and events involving youths in department custody or under supervision, and state and contracted employees from all department and provider facilities, programs funded in whole or in part, offices or sites operated by the department, a provider or grantee.

(5) CCC Duty Officer – The designated department employee who receives and processes the information coming into the CCC.

(6) Community Supervision – Includes youth on supervised release, DJJ funded diversion, probation, post-commitment probation, conditional release, and non-residential commitment.

(7) Damage to the Physical Structure – Damage that would render a building or other significant structure (e.g., a fence, gate, or a considerable portion of the building or structure) severely damaged, temporarily unsafe, or unsecured.

(8) Diligent Search – Is a thorough search made by the Juvenile Probation Officer (JPO) or Case Manager to check with the youth’s parents, employer, school, family members, and others likely to have knowledge of his or her whereabouts, in order to document evidence supporting that the youth is hiding in an effort to avoid supervision.

(9) Facility/Program – A contracted or state-operated service or any other program funded in whole or in part by the department.

(10) Facility/Program Staff – Includes state and contracted employees, volunteers, and interns who manage, supervise, have oversight over such staff, or provide direct care or other services to department youths, provider staff of programs funded in whole or in part by the department, and other direct care job positions or positions in direct contact with youths. This includes corporate staff of contracted providers.

(11) Failure to Report – Any reportable incident or event specified in Rule 63F-11.004, F.A.C., Reportable Incident Types that is not reported to the CCC within (2) hours of the incident or event occurring, or (2) hours after any facility, office, or program learned of the incident. This includes within two hours of any facility/program/department/contracted staff gaining knowledge of the incident or event.

(12) Moderate-Risk Residential Facilities: Programs or program models that are residential but may allow youth to have supervised access to the community. Facilities at this commitment level are either environmentally secure, staff-secure, or are hardware-secure with walls, fencing, or locking doors.

(14) Prison Rape Elimination Act (PREA) – The United States Department of Justice final Rule of National Standards to prevent, detect, and respond to sexual abuse and sexual harassment in juvenile facilities, 28 C.F.R. Part 115.

(15) Protective Action Response (PAR) – Department- approved verbal and physical intervention techniques used in accordance with Chapter 63H-3, F.A.C.

(16) Reportable Incident – Any incident or event that involves state-run facilities, staff, contracted facilities, contracted programs, contracted staff, youth on community supervision, volunteers or visitors, that disrupts or has the potential to disrupt the normal operation of the facility or program, any illness or medical condition or injury which causes or has the potential to cause grave harm or death to an individual youth or group of youths; or any other occurrence which causes or has the potential to cause grave harm or death to an individual youth or group of youths, or involves allegations of fraud, abuses, and deficiencies relating to programs and operations administered or financed by the department, or may bring public attention to the department, or other occurrences which do not reach this standard but may still be required to be documented or reported to the department under its rules/policies.

(17) Serious Illness or Injury – Any illness or injury which could result in a substantial risk of death, protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily member or organ or mental faculty, lacerations that cause severe hemorrhages, nerve, muscle, or tendon damage, second or third degree burns or any burns affecting more than five percent of the body surface, fracture of any bone, or the loss of sight in an eye.

(18) Secure Residential Facilities: Those residential programs that are classified as High and/or Maximum Risk. Facilities at this commitment level are hardware-secure with perimeter fencing and locking doors.

(19) Sexual Misconduct – Fondling, digital, oral, anal, or vaginal penetration by, or union with the sexual organ of another, or the anal or vaginal penetration of another by object, or other instrument. This includes any violation of the Prison Rape Elimination Act (PREA).

(20) Suicide Attempt – Any action deliberately undertaken by the youth with suicide ideation or intent, which, if carried out, would result in death.

(21) Supervised Release – Includes youth on home detention, intensive home detention, intensive home detention with electronic monitoring, and day/evening reporting centers.

(21) Youth – For the purposes of this rule a youth is defined as any person placed in the custody, care, or supervision of the department.

History

Rulemaking Authority 985.64 FS. Law Implemented 985.601 FS. History–New 10-11-10, Amended 8-16-16, 11-29-22, 7-8-26.

Fla. Admin. Code R. 63F-11.003 Reporting Incidents

(1) All designated incident types shall be reported to the CCC within two (2) hours of the department, facility, office, program or contracted staff learning or gaining knowledge of the incident or event.

(a) The reporting facility/program staff shall provide all of the basic information currently known at the time the report is made, including the names of the youth and staff involved, the nature of the incident, the time and location and, when available, any incident number generated by other agencies.

(b) If the CCC is not staffed or if all operators are busy at the time the call is placed, the call will be transferred to a voicemail system where the reporting staff must leave a voice message with his or her name, program affiliation and a telephone number with area code where a person can be reached for additional information.

In the case of a serious incident where safety or security is compromised, or a youth at a state or provider-operated facility or program has died or has an incapacitating illness or injury, has escaped or attempted escape, the program must contact its Regional Director or designee and report available details within the required two-hour reporting time, in addition to the voicemail reporting described above.
The Regional Director or designee receiving a report of a death or incapacitating illness, injury, escape or attempted escape must notify the Assistant Secretary of the pertinent program area, who will ensure that all appropriate notifications are made and CCC reporting is initiated.

(c) CCC duty officers are required to return all voice messages. Upon opening the CCC for operations, following any scheduled or unscheduled period in which the CCC is not staffed, it is the responsibility of the CCC duty officers to return all messages received on the voicemail system, beginning with the calls described in subparagraph 1., above. Other calls will be returned in the order in which they were received.

If the reporting person or other facility/program staff person with information about the incident or event is not available when the call is returned, the duty officer will leave a message on voice-mail or with another person that the call has been returned. The obligation will then pass to the reporting person to contact the CCC.
If there is no answer by a person or voicemail at the number left by the reporting person, the duty officer will make a maximum of two additional return calls within a 24-hour period. After 24 hours, the obligation will pass to the reporting person to again contact the CCC.

(d) Facility/Program staff shall provide an update of any pertinent information missing from the initial incident report by 10:00 a.m. the day after the incident was reported to the CCC. If applicable, this update shall include updated medical status, any action taken by the facility/program, as well as any additional previously unreported information such as dates and times, etc. The update shall be made by calling the CCC.

History

Rulemaking Authority 985.64 FS. Law Implemented 985.601 FS. History–New 10-11-10, Amended 11-29-22.

Fla. Admin. Code R. 63F-11.004 Reportable Incident Types

(1) Program Disruption Incidents, which include:

(a) Accident, Building Emergency, or System Malfunction: Any accident on the grounds of the facility or program, or any significant failure of an electronic or manual system that directly impacts the safety, security and welfare of department youths at a residential facility or program, juvenile assessment center, or detention center where maintenance staff cannot affect repairs within twenty-four (24) hours, or facility operations will be disrupted, or any emergency situation that requires evacuation or results in the evacuation of youths and staff from a department owned or provider owned building under contractual use for the care and custody of department youth. This includes, but is not limited to, fire, bomb threat, or the discovery of a suspect device. Excluded are scheduled exercises, drills, and false alarms.

(b) Discovery of Illegal or Controlled Drugs, Alcohol, Firearms, or Other Weapons: Any incident where the discovery occurred at any facility, program, office, vehicle, or site operated by the department, a provider or grantee. The following are exceptions to the reporting requirement:

Controlled drugs properly stored and secured in a medical unit, in a staff housing unit located on the grounds of the facility/program, or in a department, provider or grant site.
Possession of a weapon or firearm by a certified law enforcement officer.

(c) Contraband: Any incident or event where the discovery of unauthorized items such as cigarette lighters, tobacco products, electronic smoking devices, money, cellular telephones, smart watches, or other items when the possession of said items presents a potential danger to youth or staff or otherwise disrupts or threatens program safety or security at any facility, program office, or site operated by the department, a provider or grantee. Contraband discovered during the intake process or initial search process does not have to be reported unless the contraband is considered illegal per Florida statute.

Any incident or event in which detention or residential staff have an unauthorized item that is discovered in a secure area of the facility/program, regardless of who the items belong to or who is in the possession of the item (youth, staff or no one).
Any incident or event in which a youth who has been detained or committed to residential commitment program with no unsupervised release for over 30 days tests positive for illegal drugs. This does not include any medication prescribed to youth.
Any incident or event where evidence is present that contraband exists, but staff have been unable to locate the contraband.

(d) Disturbance: Any situation resulting in the loss of control at a facility or program that necessitates notifying law enforcement, or other outside sources to request assistance.

(e) Hostage Situation: Any incident where a person is held by force against his or her will to enforce the demands of the hostage-taker.

(f) Incidents Involving Visitors: Any incident involving a visitor(s) that requires a response by law enforcement.

(g) Natural or Environmental Disaster: Any incident or event in which a state or contracted facility or program is exposed to adverse elements of nature including, but not limited to, high winds, lightning, flooding, as caused by hurricanes, or earthquake that causes damage to the physical structure interrupting the operation of the program, results in the evacuation of youths and staff, or results in injury to youths or staff. Any incident or event under this subsection involving the evacuation of a facility or program requires an update once the youth and staff return.

(h) Media Attention: Any incident or criminal activity that has resulted in media attention involving youth regardless of their status with the department, DJJ/Contracted personnel, or programs. This includes incidents where media representatives were at the scene of the incident or have called with questions. This does not include social media posts or jail website posts.

(i) Loss, Theft or Destruction of Department Property, Vehicles, Equipment, or Youth Property: Any incident where the listed categories of property are lost or stolen regardless of incident location:

Any state-owned vehicle utilized by the department, a provider, or a grantee.
Firearms or other weapons.
Keys to a facility, program, or office building, including mechanical keys, electronic keys, or access cards, if they cannot be located within 2 hours.
Any state-owned property, including property in the custody of a provider, with a value exceeding $300.00.
Computer, computer storage media, or other digital mobile device, such as cellular telephones, radios, and personal digital assistant devices, where there is a reasonable belief that the device may contain statutorily protected confidential information.
A department-issued seven-point star badge.
Any property of a youth with a value of $50.00 or more that is alleged to have been lost or stolen from the facility.
Any U.S. currency, debit card, credit card or gift card belonging to a youth that is alleged to have been lost or stolen from the facility.

(j) Threatened Use or Discovery of an Explosive Device: Any incident where there is a threatened use of an explosive device or an explosive device is discovered at any facility, program, office, or site operated by the department, a provider or grantee.

(k) Vehicle Traffic Crash: Any traffic crash involving a department vehicle or other vehicle used by on-duty staff in the performance of their duties regardless if occupied by department youths.

(l) Detention Placement Alert: Any incident where a youth in any of the following categories is admitted to a secure detention facility:

The admitted youth is 9 years of age or younger,
The admitted youth exhibits behavior suggestive of intellectual disability or developmental disability, including significant deficits in comprehension/reasoning, language expression, or maturity level,
The admitted youth is blind, deaf, mute, or unable to walk without the use of a mechanical aid.

(m) Unauthorized Release: Any incident or event where a youth is improperly released from any state operated or contracted residential facility, secure detention center or juvenile assessment center. This includes the release of a youth from a shelter when the placement is pursuant to a court order.

(n) Investigation by Other Agency: The CCC must be notified when an agency other than the department is present at a department facility, contracted facility, shelter, or program to conduct an investigation of physical abuse, sexual abuse, neglect, medical neglect or anything that affects the safety and wellbeing of youth that occurred in a program/facility or involves a department/provider employee and department youth.

(o) Program Closure: Any occurrence causing a program to close, which no longer has the ability to operate and provide services to youth, regardless of the length of closure, except as it relates to a contract action resulting in program closure.

(2) Escape/Abscond Incidents:

(a) Absconder:

Any incident in which the whereabouts become unknown for a youth who is pending an administrative transfer or on pre-placement status, is on an authorized home visit from a residential facility, or is on a temporary release status due to hospitalization or temporary release approved by the court. The incident should only be reported after a diligent search has been completed and the court has been formally requested to order that the youth be taken into custody.
Any incident in which a pre-placement youth is reported by the parent or legal guardian to have run away, the family of such a youth leaves the area with the youth without notifying the department or the court of their whereabouts, or a youth fails to arrive for transport to his or her program, and when the court has been formally requested to order that the youth be taken into custody as a result of the youth’s whereabouts being unknown.
Any incident in which the whereabouts become unknown for a youth who was court ordered to a CINS/FINS shelter.

(b) Escape Attempts:

Any incident involving a youth who leaves the grounds or boundaries of a moderate-risk residential facility, must be reported as an attempted escape only if the youth is apprehended immediately and facility staff maintained constant sight supervision throughout the incident. If the moderate-risk facility has a fenced boundary, the incident must be reported as an escape, regardless of staff maintaining constant sight supervision.
Any deliberate act involving youth who attempt to leave the grounds or boundaries of a secure residential facility, detention facility or juvenile assessment center without permission or authority.
Any incident involving youth placed in a residential facility, detention facility or juvenile assessment center in which the youth’s whereabouts become unknown and the youth is later recovered inside the facility.
Any incident involving youth placed in a residential facility, detention facility, or juvenile assessment center who leaves the custody of facility staff when off-site, must be reported as an attempted escape if the youth is apprehended immediately and facility staff maintained constant sight supervision throughout the incident.

Any incident involving a youth who leaves the grounds or fenced boundaries of a secure residential facility, detention facility or juvenile assessment center must be reported as an escape regardless of the length or duration of the departure. Any incident involving a youth who is committed or detained in such a place and leaves the custody of facility staff when off-site, must be reported as an escape.
Any incident involving a youth who leaves the grounds or boundaries of a moderate-risk residential facility must be reported as an escape if:

a. Constant sight supervision was not maintained throughout the incident.

b. The youth leaves the custody or sight supervision of facility staff when off-site.

(3) Medical Incidents:

(a) Employee Death: Any death of an employee while he or she is on duty.

(b) PAR Restraint Injury: Any incident involving physical intervention where a youth or staff member receives an injury from any restraint that requires medical treatment beyond standard first aid.

(c) Off-site Medical Transport: Any time a youth is transported off-site to a medical facility for evaluation or treatment. This does not include prior scheduled medical procedures, treatment, or surgeries. This includes medical transport of a youth in the custody of program/facility staff while off-site, e.g., court.

(d) Emergency Medical Services Engagements: Any time an EMS provider is contacted and responds to a program/facility on behalf of a youth, regardless of whether transport occurs. This includes EMS response for a youth in the custody of program/facility staff while off-site, e.g., court.

(e) Youth Injury: Incidents or events involving a serious injury to a youth under department supervision occurring in a department facility, contracted facility, shelter, or contract site or program must be reported to the CCC. An incident under this category is required to be reported within 2 hours of staff verifying that a serious injury has occurred with the following:

Broken, fractured, or dislocated bones,
Head Injury, excluding superficial cuts, bruises, or minor swelling unaccompanied by changes in mental acuity,
Eye injury involving a penetrating wound or an injury that alters vision, or
Acute dental injury or broken teeth.

(f) Medical Illness: Incidents or events involving medical illness to a youth under department supervision or occurring in a department facility, contracted facility, shelter, or contract site or program must be reported to the CCC when the nature of the injury or illness requires treatment on or off site, and falls within one of the following:

Heart or breathing has stopped or the person is turning blue,
Unconsciousness or unresponsiveness to voice,
CPR is initiated,
Severe, prolonged or uncontrollable bleeding,
Acute paralysis,

6 Overdose (this includes but is not limited to over the counter and prescription medication that exceeds the prescribed or manufacturer’s recommendations that has the potential for harm),

Acute or prolonged abdominal pain,
Acute or prolonged chest pain,
Fever of 103 degrees or higher,
Inability to urinate for eight (8) hours,
Ingestion of a poisonous or potentially poisonous substance,
Seizure due to an undiagnosed medical condition, i.e. Epilepsy, or Psychogenic Non-Epileptic Seizures/Pseudo-seizures,
Complications of pregnancy, or
Any illness, disease, or other medical condition, or life endangering safety code violation, which requires reporting to the Department of Health. This excludes Coronavirus disease (Covid-19) and Sexually Transmitted Infections (STI’s)..

(g) Youth Death: Any death of a youth occurring while under department supervision.

(h) All omitted, missed, or late prescribed medications not provided within one hour before or one hour after the scheduled time. This excludes over-the-counter medications and as needed medications as these have a lower risk for harm if omitted.

(4) Mental Health and Substance Abuse Incidents:

(a) Self-Inflicted Injury: Any incident of self-inflicted injury that occurs at a department facility, juvenile assessment center, contracted facility, shelter, contracted site, or program resulting in physical injuries requiring immediate, emergency medical treatment.

(b) Suicide Attempts: Any incident of a suicide attempt that occurs in a department facility, juvenile assessment center, day treatment program, contracted facility, shelter, contracted site, or program requiring emergency medical services. Suicide attempts that do not require outside medical attention or emergency medical services, but which are believed to be potentially serious or life-threatening must also be reported to the CCC. This includes any incident in which staff intervention or emergency tool was used to prevent injury or death. When in doubt if the attempt was potentially serious or life-threatening, it shall be reported to the CCC.

(c) Off-site Transport for Evaluation Pursuant to Baker Act Procedures: Any incident that occurs at a department facility, juvenile assessment center, contracted facility, shelter, or program resulting in a youth being sent for evaluation for commitment pursuant to Baker Act Procedures regardless of their actual admission per the Baker Act. This includes medical transport of a youth in the custody of program/facility staff while off-site, e.g., court. This does not include youth committed from their homes.

(5) Complaints Against Staff Incidents:

(a) Force: Any alleged use of force including but not limited to department or provider approved physical intervention techniques that results in an allegation of abuse regardless if the abuse registry accepts the complaint.

(b) Accessing, Downloading or Introducing Sexually Explicit Material: Any incident of accessing, downloading or introducing sexually explicit material by a department or provider employee, grant employee, volunteer or intern while on duty or on the premises of a department or provider facility, program, office, or site operated by the department, a provider, or grantee that is unrelated to their official duties.

(c) Sexual Misconduct: Any allegation involving the staff of a department facility, contracted facility, shelter, contracted site, or program, initiating or engaging in sexual misconduct or violation of PREA. This includes any act of sexual abuse or sexual harassment. Additionally, any sexual misconduct by staff with a youth not served by the department but in a program/facility operated by a department provider.

(d) Improper Relationship: Any allegation involving the staff of a department facility, contracted facility, or program receiving department funding initiating or engaging in a relationship outside their scope of employment with a youth or youth’s family while the youth is under department supervision.

(e) Employment Prior to Background Screening: Any incident occurring in a department facility, juvenile assessment center, contracted facility, shelter, contracted site or program where an applicant is utilized as an employee, volunteer, mentor, or intern prior to receiving an eligible rating on a department background screening.

(f) Employee Arrest: Any arrest of a department or contract employee, including grant employees, volunteers and interns.

(g) Falsification of Records or Documents: Any incident of falsification of departmental records or documents with the intent to deceive or mislead the department, or records related to the services provided to any youth where the youth is in custody of the department, under the supervision of the department, with a case pending before the court, or receiving services funded in whole or in part by the department. This includes youth served by prevention contracts and grants.

(h) Criminal Activity: Any incident or event of suspected or actual criminal activity occurring in a department facility, juvenile assessment center, contracted facility, shelter, contracted site, or program involving department or provider staff, volunteer, intern, or grant staff.

(i) Health or Mental Health/Substance Abuse Services Complaint: Any known or reasonable suspicion of an improper action or omission of medical, mental health or substance abuse services that could potentially cause grave harm or injury to the youth by any administrative or direct-care staff, regardless of licensure, at a department facility, contracted facility, shelter, contracted site or program. This includes:

Denial of care, services or treatment,
Controlled medication inventory discrepancy (medications requiring shift-to-shift inventory per Rule 63M-2.026, F.A.C.

(j) Use of Intoxicating Substances: Any incident of use of alcohol or illegal drugs by a department employee, provider employee, or grant employee while on duty or on the premises of a department or provider facility, program office, or site operated by department, provider or grantee.

(k) Threats by Staff: Any allegation where there are threats of violence by staff at a department or provider facility, program, office, or site operated by the department, provider, or grantee.

(l) Confidentiality Violations: Unauthorized release of any identifying information related to youth such as photographs and personal information.

(6) Youth Behavior Incidents:

(a) Battery: Any battery occurring in a department facility, contracted facility, shelter, contracted site, or program that results in a law enforcement arrest.

(b) Felony Activity Involving Youths on Community Supervision: Any arrest of a youth for a capital offense or life felony, including punishable by life offenses. This would also include any charge of homicide/murder or attempted murder that is not considered a capital or life offense.

(c) Felony Arrests of Youth for Violations Committed While in Custody: Any incident involving felonious acts committed while in a department facility or program, including juvenile assessment centers and shelters, resulting in an arrest.

(d) Youth on Youth Sexual Harassment: Any repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one youth directed toward another youth while detained in a detention facility or residential commitment program.

(e) Youth on Youth Sexual Contact: Any alleged incident or event occurring in a department facility, juvenile assessment center, contracted facility, shelter, contracted site, or program where youths engage in sexual contact with one another. Additionally, any alleged sex act which may constitute a form of sexual battery as defined in Section 794.011, F.S., occurring in a department facility, juvenile assessment center, contracted facility, shelter, contracted site, or program in which there is obvious injury or physical evidence to support the allegations will be reported regardless of the elapsed time. This includes any incident of sexual abuse as defined by the Prison Rape Elimination Act (PREA).

(f) Accessing, Downloading or Posting on Internet: Any incident involving a youth in a residential program or detention facility accessing, downloading, or posting material on a social media site or other non-approved Internet site.

History

Rulemaking Authority 985.64 FS. Law Implemented 985.601 FS. History–New 10-11-10, Amended 8-16-16, 11-29-22, 7-27-26.

Fla. Admin. Code R. 63F-11.005 Operation of the Central Communications Center

(1) The CCC will operate seven (7) days per week, including holidays.

(2) The CCC will maintain a primary toll-free number for the receipt of incident and event information.

(3) The CCC duty officer shall accurately record pertinent information and contact data.

History

Rulemaking Authority 985.64 FS. Law Implemented 985.601 FS. History–New 10-11-10.

Fla. Admin. Code R. 63F-11.006 Daily Reporting

(1) A CCC Daily Report will be created and reviewed by the duty officer or CCC supervisor. The report will reflect all incoming information for the prior twenty-four (24) hour period (6:01 a.m. to 6:00 a.m.) and will be distributed each administrative workday to the Secretary, Executive Leadership Team (ELT), and other authorized recipients.

(2) Each CCC Daily Report is confidential to the extent provided for in the Florida Statutes.

(a) Recipients of the CCC Daily Report are not authorized to forward or disseminate it to any other person except as provided for by this rule or by Florida law.

(b) Medical information accepted by the CCC will be limited to that which is relevant and critical to dissemination of incident or event information. Prescription medications will not be identified in the CCC Report unless relevant to the nature of the incident.

History

Rulemaking Authority 985.64 FS. Law Implemented 985.601 FS. History–New 10-11-10, Amended 11-29-22.

Chapter 63F-12 DISPUTE RESOLUTION PROCESS

Fla. Admin. Code R. 63F-12.001 Purpose, Scope and Definitions

(1) This rule chapter establishes dispute resolution procedures to be used when local government denies the department’s request for modification after the local government has determined that a site for a juvenile justice facility proposed by the department or contracted provider is incompatible with local plans, ordinances or regulations. These procedures apply to initial siting as well as renovation of existing facilities and re-opening closed facilities. This will provide a flexible process to reconcile differences on planning and growth management issues that will: clearly identify and resolve problems as early as possible; provide for the appropriate involvement of affected and responsible parties; and provide process certainty to the extent possible.

(2) For the purpose of this rule chapter, the following words shall have the meanings indicated:

(a) “Initial proposal” is the request by the department or contracted provider for a determination by local government that a proposed site for a juvenile justice facility is appropriate for public use under applicable plans, ordinances or regulations.

(b) “Juvenile justice facility” is the physical location of any residential or nonresidential program designed to provide services to juveniles under Chapter 984 or 985, F.S.

(c) “Local government” is the local entity with jurisdiction over the proposed site of a juvenile justice facility, and may include special districts, authorities or school boards.

(d) “Local plans, ordinances or regulations” include local comprehensive plans, local land use ordinances, local zoning ordinances or regulations, and other local ordinances in effect at the time the department or contracted provider makes a siting proposal.

(e) “Modification” includes a variance, rezoning, special exception, or any other action of local government to remove a legal barrier to a proposed siting.

(f) “Request for modification” is a letter from the department’s Secretary or designee referencing this rule chapter, which is addressed to the relevant local government entity, seeking removal of a legal barrier to the proposed siting of a juvenile justice facility.

History

Rulemaking Authority 985.64, 985.682 FS. Law Implemented 985.682 FS. History‒New 9-12-16.

Fla. Admin. Code R. 63F-12.002 Dispute Resolution

(1) If at any time within 90 days of the initial proposal, local government determines that construction, renovation or re-opening of a facility on the proposed site does not comply with a local plan, ordinance or regulation, the department shall have 10 days in which to submit a request for modification.

(a) The department’s request for modification shall include the following:

Specific reference to the action sought, whether it be variance, rezoning, special exception or some other removal of a legal barrier to the requested siting,
Identification of the department representative who will serve as the point of contact for the request and any subsequent dispute resolution,
Specific reference to this rule and to Section 985.682, F.S.,
Description of the department’s ownership interest in the subject property or, if the department has no ownership interest, the fact that no such interest is required in order for the department to seek modification; and,
Notice that lack of action on the request within 90 days of receipt by local government will result in the department taking an appeal to the Governor and Cabinet.

(b) The department shall be notified of any public hearing or proceeding held on its request for modification.

(2) Immediately upon local government’s denial of the department’s request for modification, an expedited dispute resolution process shall commence.

(a) An initial settlement meeting between the parties shall be held within 10 days of the denial. If agreed by the parties, additional meetings may be held. The parties may also agree to have a neutral facilitator participate in additional meetings.

(b) At any settlement meeting, the parties shall: consider adding named parties, consider guidelines for participation, identify the issues to be addressed, present their concerns and constraints, explore options for a solution, and seek agreement.

(3) If the dispute is not resolved within 30 days of the denial, the parties may engage in mediation of the dispute with a mutually acceptable mediator.

(a) The mediator shall be guided by the Florida Rules for Certified and Court-Appointed Mediators.

(b) The costs of settlement meetings, facilitators, or mediation shall be split equally between the parties or according to another agreed upon allocation. The agreed upon cost allocation shall be documented in a written fee agreement.

(4) If the dispute is not resolved within 60 days of the denial, the department shall appeal the decision to the Governor and Cabinet.

(5) Upon the agreement of all parties, the time limits for dispute resolution may be extended. Under no circumstances may the process extend past 180 days from the denial of the department’s request for modification.

History

Rulemaking Authority 985.64, 985.682 FS. Law Implemented 985.682 FS. History‒New 9-12-16.

Chapter 63F-13 DIVERSION DATA

Fla. Admin. Code R. 63F-13.001 Definitions

For the purpose of this rule chapter, governing the submission, compilation and publication of juvenile diversion data, the following words shall have the meanings indicated.

(1) Diversion Program – Any one of the following prearrest or postarrest methods of diverting a youth from formal prosecution in the juvenile justice system:

(a) A civil citation or similar prearrest diversion program under Section 985.12, F.S.;

(b) A prearrest or postarrest diversion program established by law enforcement or a school district under Section 985.125, F.S.;

(c) A neighborhood restorative justice program for first-time, nonviolent juvenile offenders under Section 985.155, F.S.;

(d) A community arbitration program under Section 985.16, F.S., or

(e) A program to which a referral is made by a state attorney under Section 985.15, F.S.

(2) Eligible youth – A youth who commits any first-time misdemeanor offense, and who was not previously in a diversion program.

(3) Participating youth – A youth who is participating in a diversion program.

History

Rulemaking Authority 985.64, 985.126(7) FS. Law Implemented 985.126 FS. History–New 1-16-19, Technical Change 1-21-26.

Fla. Admin. Code R. 63F-13.002 Submitting Diversion Data

(1) Each diversion program shall enter the following information into the Juvenile Justice Information System Prevention Web on each participating youth within 7 days of the youth’s admission to the program:

(a) Identifying information, including the referred youth’s name, address, race, ethnicity, gender and date of birth;

(b) Referred offense, including the statute establishing the offense, and the degree;

(d) Law enforcement agency that had contact with the youth;

(e) Parent/Guardian contact information including name/address/telephone; and

(f) Youth’s School status and information as applicable such as: School Name/Grade.

(2) Each law enforcement agency shall submit the diversion, pre-arrest diversion or civil citation affidavit to their local processing entity such as Juvenile Assessment Center/Screening Unit for data input into the Juvenile Justice Information System Prevention Web. The form submitted must include the following information on each eligible youth at the time the youth is referred to the department, arrested or issued a notice to appear:

(a) All of the information in subsection (1) above;

(b) Whether the youth was offered the opportunity to participate in a pre-arrest diversion program. If the youth was not offered participation, designation of one of the following reasons why the otherwise eligible youth was not given a diversion option:

Officer has knowledge that youth was previously served by Prearrest Diversion
Youth declined/refused to participate
LEO suspects gang association
Offense involved weapons or firearms
Parent declined/refused to participate
Not eligible based on local policy: Youth refused to admit guilt
Civil citation or alternative diversion program not available
Not eligible based on local policy: Ineligible offense type
Not eligible based on local policy: Offense involved domestic violence
Not eligible based on local policy: Offense involved drugs/narcotics
Not eligible based on local policy: Youth charged with multiple misdemeanor offenses
Not eligible based on local policy: Offense involved resisting arrest
Not eligible based on local policy: Victim requested formal arrest processing
Reason not available or provided by LEO
Offense involved cruelty to animals
Subsequent charge presented that does not qualify for diversion.

History

Rulemaking Authority 985.64, 985.126(7) FS. Law Implemented 985.126 FS. History–New 1-16-19, Amended 9-10-20, Technical Change 1-21-26.

Fla. Admin. Code R. 63F-13.003 Publication Diversion Usage Data

(1) The department shall compile the data received by diversion programs and law enforcement in Rule 63F-13.002, F.A.C., as it is received.

(2) Each January 15 and July 15, the department shall publish the data received from diversion programs and law enforcement.

(3) Publication of diversion usage data shall be on the department’s website in sortable format. Interested stakeholders and members of the public shall be able to sort usage data by judicial circuit, county, law enforcement agency, offense, and by the race, ethnicity, gender and age of the youth.

History

Rulemaking Authority 985.64, 985.126(7) FS. Law Implemented 985.126 FS. History–New 1-16-19, Technical Change 1-21-26.

Chapter 63F-14 INSTITUTION CLAIMS

Fla. Admin. Code R. 63F-14.001 Claims for Restitution

(1) The following definitions shall be used for the purpose of addressing restitution claims:

(a) “Claimant” means any person who submits a restitution claim alleging property damages or direct medical expenses for injuries caused by youth in the care and custody of the department.

(b) “Incident” means the occurrence of property damage or injury resulting from the same or similar event or occurrence in time.

(c) “Preponderance of the evidence” means the party bearing the burden of proof must present evidence which shows that the fact to be proven is more probable than not.

(d) “Restitution” means recompense for injury or loss.

(e) “Restitution claim” means any reimbursement claim resulting from property damage or injury caused by a youth that has not been restored or recompensed through another entitlement.

(f) “Youth” means any person in the care and custody of the department.

(2) A claimant filing a restitution claim with the department under Section 402.181, F.S., has the burden to provide a preponderance of the evidence to establish:

(a) That the action(s) of a youth is the direct cause of claimant’s property damage or injury and

(b) The monetary amounts of the claimant’s damages.

(3) Only one claim can be submitted per claimant per incident.

(4) The maximum restitution amount per claimant per incident may not exceed $1,000.00.

(5) Restitution claims must be submitted to the department using the “State Institution Claims Program Form” (ADFA-001, Sept. 23, 2021) available at https://www.flrules.org/Gateway/reference.asp?No=Ref-13990, incorporated by reference.

(a) A complete State Institution Claims Program Form must be received by the department, in accordance with the instructions on the form, within 90 calendar days from the date of the incident that caused the property damage or medical injury. Any Form received after 90 calendar days of the incident must be denied.

(b) The State Institution Claims Program Form is considered complete when it is received by the department with all required fields filled out, including all required documentation attached.

(c) Once the department has received a complete State Institution Claims Program Form, it must resolve the claim within 60 calendar days. The 60 days may be tolled:

For 21 calendar days from the date the department issues a request for additional information to the claimant or legal representative. If the department has not received the additional information within the 21 calendar days, it will resolve the claim based solely upon the information it has been provided.
Whenever a claimant requests compensation for the same incident not pursuant to Section 402.181, F.S., for the period of time until such claim is resolved and until the department is notified thereof by claimant.

History

Rulemaking Authority 402.181(3) FS. Law Implemented 402.181 FS. History‒New 2-10-22.

Chapter 63F-15 FACILITY SAFETY AND PRIVACY

Fla. Admin. Code R. 63F-15.001 Compliance with Safety in Private Spaces Act

(1) Definitions. For purposes of this rule section the following definitions apply:

(a) Changing Facility – A room in which two or more persons may be in a state of undress in the presence of others, including, but not limited to, a dressing room, youth sleeping room, locker room, or shower room.

(b) Facility – Any secure detention center or residential commitment facility serving youth placed in department custody.

(c) Female – A person belonging, at birth, to the biological sex which has the specific reproductive role of producing eggs.

(d) Male – A person belonging, at birth, to the biological sex which has the specific reproductive role of producing sperm.

(e) Restroom – A room that includes one or more toilets or urinals and is sex-specific. This term does not include a unisex restroom.

(f) Unisex changing facility – A room intended for a single occupant or a family in which one or more persons may be in a state of undress, including, but not limited to, a dressing room, fitting room, locker room, changing room, or shower room that is enclosed by floor-to-ceiling walls and accessed by a full door with a secure lock that prevents another individual from entering while the changing facility is in use.

(g) Unisex Restroom – A room that includes one or more toilets or urinals and that is intended for a single occupant or a family, is enclosed by floor-to-ceiling walls, and is accessed by a full door with a secure lock that prevents another individual from entering while the room is in use.

(2) Restrooms.

(a) Secure detention centers must, at a minimum, have a restroom designated for exclusive use by females and a separate restroom designated for exclusive use by males. Though not required, such facilities may also have a unisex restroom.

(b) Residential commitment facilities must, at a minimum, have:

A restroom designated for exclusive use by females and a restroom designated for exclusive use by males; or
A unisex restroom.

(3) Changing Facilities. A secure detention center or residential commitment facility that maintains a changing facility must, at a minimum, have a changing facility designated for exclusive use by females and a separate changing facility designated for exclusive use by males. Alternatively, the detention center or residential commitment facility may maintain a unisex changing facility.

(4) Incidents of Noncompliance.

(a) A detention center or residential commitment facility must ensure that their behavior management system is capable of disciplining a youth who willfully enters a restroom or changing facility designated for the opposite sex, and who refuses to depart when asked to do so by staff.

(b) A detention center or residential commitment facility must have a disciplinary procedure in place to address staff who willfully enter a restroom or changing facility designated for the opposite sex, and who refuse to depart when asked to do so by staff.

(c) This rule section does not apply, and it is not an incidence of noncompliance, when the individual is or has been under the treatment of a physician who, in his or her good faith clinical judgment, performs procedures upon or provides therapies for a medically verifiable genetic disorder of sexual development, including:

External biological sex characteristics that are unresolvedly ambiguous.
A disorder of sexual development in which the physician has determined through genetic or biochemical testing that the patient does not have a normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a male or a female.

(5) Each secure detention center and residential commitment facility shall document compliance with this rule and the relevant provisions of section 553.865, F.S., using the Safety in Private Spaces Attestation (OPA-1, August 2023) which is incorporated by reference into this rule and is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16159. A new facility must submit the required attestation within 1 year of being established.

History

Rulemaking Authority 985.64, 553.865(16) FS. Law Implemented 553.865 FS. History–New 12-25-23, Amended 6-30-26.

Division 63B Education

Fla. Admin. Code R. 63B-1.001 Purpose and Scope

History

Rulemaking Authority 985.618(4), 985.622, 985.64 FS. Law Implemented 985.618(4), 985.622 FS. History–New 5-17-07, Repealed 7-16-20.

Fla. Admin. Code R. 63B-1.002 Definitions

To establish the standards and requirements for the department’s career-related programs, the following words shall have the meanings indicated:

(1) Cooperative Agreement- Agreement signed locally and at the state level to define shared educational responsibilities with the Florida Department of Education and the Department of Juvenile Justice, and School Districts and the Department of Juvenile Justice as defined in Sections 1003.52(1) and (14), F.S.

(2) Department – The Florida Department of Juvenile Justice.

(3) Juvenile Justice Education Survey – An instrument assessing the degree of juvenile justice educational resources, partnerships and outcomes.

(4) Program – A contracted or state-operated residential or non-residential facility funded by the department, providing educational services to committed youth.

(5) Career Education – There are three types of career education:

(a) Type 1 career education programs teach personal accountability skills and behaviors that are appropriate for students in all age groups and ability levels and that lead to work habits that help maintain employment and living standards.

(b) Type 2 career education programs include Type 1 program content and an orientation to the broad scope of career choices, based upon personal abilities, aptitudes and interest. Exploring and gaining knowledge of occupation options and the level of effort required to achieve them is an essential prerequisite to skill training.

(c) Type 3 career education programs include Type 1 program content and the competencies or the prerequisites needed for entry into a specific occupation.

History

Rulemaking Authority 985.618(4), 985.622, 985.64 FS. Law Implemented 985.618(4), 985.622 FS. History–New 5-17-07, Amended 7-16-20.

Fla. Admin. Code R. 63B-1.003 Career Education Programming

(1) All juvenile justice programs are required to incorporate a minimum of Type 1 career education programming.

(2) Day treatment, prevention and nonsecure residential programs are required to provide Type 2 programming consistent with the age, type, and special needs of the youth populations served.

(3) Secure residential programs are required to provide Type 3 programming consistent with the age, type and special needs of the youth populations served.

(4) Programs will collaborate with the educational program to assist youth in acquiring academic, technical, personal managerial, problem-solving and teamwork skills essential for a lifetime of achievement in a technological society.

History

Rulemaking Authority 985.618(4), 985.622, 985.64 FS. Law Implemented 985.618(4), 985.622 FS. History–New 5-17-07, Amended 7-16-20.

Fla. Admin. Code R. 63B-1.004 Hiring of Vocational Staff

History

Rulemaking Authority 985.618(4), 985.622, 985.64 FS. Law Implemented 985.618(4), 985.601(8) FS. History–New 5-17-07, Repealed 7-16-20.

Fla. Admin. Code R. 63B-1.005 Youth Participation

History

Rulemaking Authority 985.618(4), 985.622, 985.64 FS. Law Implemented 985.618(4), 985.622 FS. History–New 5-17-07, Repealed 7-16-20.

Fla. Admin. Code R. 63B-1.006 Cooperative Agreement

(1) Programs will comply with responsibilities listed in the cooperative agreement with the school district the program resides in.

(2) The department shall support student and staff scheduling and facility utilization to ensure participation in the educational and career-related programming occurs on a 5-day-per-week, 5-hour-per-day basis. Youth workforce education is not limited to the educational portion of the day or program.

(3) Youth enrolled in educational and career programming will receive credit for participation in the education and training experience by an approved credentialing entity.

(4) Department personnel will work with local school districts to maximize availability of technological equipment to ensure students have access to Florida Virtual High School or other distance learning opportunities.

(5) The department shall facilitate establishment of a re-entry committee in each judicial circuit in partnership with the school district transition contact designated by the Department of Education. The re-entry committee shall include representation from the youth, the parent(s)/guardian(s), the Juvenile Probation Officer, department Regional Education Coordinator, receiving school district transition contact, transition services provider, a representative from the residential program’s education department, residential case manager or residential transition coordinator, career source representative and, if applicable, the residential clinical therapist. Depending upon the needs of the youth, it may be appropriate for one or more of the following entities to be invited: Department of Children and Families (DCF) case manager, DCF community service providers, Division of Vocational Rehabilitation, faith-based community, Guardian ad Litem, and Agency for Persons with Disabilities.

(6) Youth with employability as one of their transition goals should have at the time of program release:

(a) A transition plan developed with youth involvement and representatives of the commitment program, educational program and probation with specific plans for continuation of education and/or employment upon program exit;

(b) A sample completed employment application;

(d) Information indicating the location and business hours of a local Career Source Center within the vicinity where the youth will be seeking employment;

(e) Appropriate documents essential to obtaining employability upon leaving the program if included within his or her transition plan; and

(f) Evidence that the youth’s case manager and parent or guardian are aware of the plan, documents and post-release discharge plans.

History

Rulemaking Authority 985.618(4), 985.622, 985.64 FS. Law Implemented 985.618, 985.622 FS. History–New 5-17-07, Amended 7-16-20.

Fla. Admin. Code R. 63B-1.007 Juvenile Education Reporting Requirements and Career-Related Evaluations

(1) Each program shall submit a report containing the following information to the department’s Office of Education no later than July 15 of each year:

(a) Program name;

(b) School district responsible for educational services;

(d) Career education type.

(2) The department shall prepare an annual summary each August 30 to determine the extent of program participation in career and technical training.

(3) The Office of Education will maintain an ongoing list of the type of career education training in place by each of the juvenile justice educational programs.

(4) Annual quality improvement, performance reporting and program monitoring will assess the degree of department program participation in education and career training consistent with pertinent provisions of the Florida Administrative Code.

(5) The Office of Data and Research is required to provide annual summaries of performance, recidivism and quality improvement data collection and reporting no later than February 1.

(6) The summary report will include an education section incorporating results of the Juvenile Justice Education Survey specific to career and technical education training and funding within juvenile justice education programs.

History

Rulemaking Authority 985.618(4), 985.622, 985.64 FS. Law Implemented 985.618, 985.622 FS. History–New 5-17-07, Amended 7-16-20.

Division 63A Juvenile Justice Standards and Training Commission

Chapter 63A-1 ORGANIZATION

Fla. Admin. Code R. 63A-1.001 Definitions

History

Rulemaking Authority 985.64, 985.66 FS. Law Implemented 985.66 FS. History–New 9-30-98, Repealed 10-26-15.

Fla. Admin. Code R. 63A-1.002 General Organization

History

Rulemaking Authority 985.64, 985.66 FS. Law Implemented 985.66 FS. History–New 9-30-98, Repealed 10-26-15.

Fla. Admin. Code R. 63A-1.003 Finance, Budget and Audits

History

Rulemaking Authority 985.64, 985.66 FS. Law Implemented 985.66 FS. History–New 9-30-98, Repealed 10-26-15.

Division 63M Medical

Chapter 63M-2 HEALTH SERVICES

Fla. Admin. Code R. 63M-2.001 Purpose and Scope

Chapter 63M-2, F.A.C., establishes the statewide requirements for the department’s health care treatment services for youth in its care and custody. Its purpose is to:

(1) Assure health care services provided in facilities and programs are rendered in accordance with state and federal health care regulations and rules, and professional standards of care;

(2) Promote delivery of quality health care services for delinquent youth under department care and custody that ensures the right to the same degree of medical care as they would receive in the community;

(3) Assist medical health care staff in developing and consistently implementing necessary and appropriate health care services in department facilities and programs; and,

(4) Establish health care services within the continuum of services, which promote adolescent health, well-being and development.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14.

Fla. Admin. Code R. 63M-2.002 Definitions

The following definitions shall be used for the department’s acceptable health care treatment services for youth in Detention and Residential facilities.

(1) Adverse Drug Events: An illness or injury resulting from a medical intervention related to a drug.

(2) Assigned Custodian: Individual assigned by the parent/guardian to make healthcare decisions for the youth, as evidenced by a lawful power of attorney under chapter 709, F.S., or a surrogate designation under chapter 765, F.S.

(3) Authority for Evaluation and Treatment (AET): Form HS 002, that when signed by a parent or legal guardian, gives the department the authority to assume responsibility for the provision of routine mental and physical healthcare to a youth within its physical custody.

(4) Cheeking: A term used to describe patients who hide their medications in their cheek or under their tongue to prevent swallowing them.

(5) Chief Probation Officer (CPO) – The department employee who is responsible for managing community-based program operations, including department staff and contracted providers, within each of Florida’s twenty judicial circuits.

(6) Chronic medical condition: Any illness, disability or condition that is permanent or has persisted longer than six months, or has exacerbated within the past six months, causing subsequent treatment/evaluation, apart from allergies. This may include uncorrected or uncompensated hearing/speech/visual impairment, but excludes Developmental Disability, or Intellectual Disability.

(7) Clinical responsibility: The oversight of the medical care of all youth within a department facility. This includes the overall clinical direction, policies, and protocols for the medical services provided.

(8) Community Provider: A Health Care Provider outside of the department commitment system.

(9) Comprehensive Physical Assessment (CPA) (HS 007): A comprehensive physical assessment (exam) performed by a physician (MD), osteopathic physician (DO), physician’s assistant (PA), or advanced practice registered nurse (APRN). The purpose of this assessment is the establishment of a data point, which is used to facilitate the following:

(a) Identification and treatment of acute, chronic, and functional medical and dental problems;

(b) Promotion of growth and development;

(d) Provision of health education.

(10) Controlled Substances: All substances defined as “Controlled” in Chapter 893, F.S.

(11) Core Health Profile: A section of the individual health care record, which contains standardized forms that are filed in designated sub-sections of the Individual Health Care Record (IHCR).

(12) Corrective action: Refers to an analysis of the problem’s root cause with a subsequent adjustment in the system in order to prevent future mistakes from taking place.

(13) Designated Health Authority (DHA): The DHA shall be a Physician (MD) who holds an active, unrestricted license under chapter 458, F.S., an osteopathic Physician (DO) who holds an active, unrestricted license under Chapter 459, F.S., or an Advanced Practice Registered Nurse (APRN), who has qualifications in Autonomous Practice, who holds an active, unrestricted license under Chapter 464, F.S., and meets all requirements for practice in the State of Florida. The Autonomous APRN may not serve as the DHA of programs with complex medical beds. The Physician must be either Board Certified in Pediatrics, Family Practice, Emergency Medicine, or Internal Medicine (with experience in adolescent health) or Board-Eligible and have prior experience in treating the primary health care needs of adolescents. The Autonomous Practice APRN must have experience with Pediatrics, Emergency Care, Family Practice, or Internal Medicine (with experience in adolescent health). The DHA shall be either a state employed or contracted clinician accountable for ensuring the delivery of administrative, managerial and medical oversight of the facility health care system. Corporate clinicians, who do not perform clinical/administrative duties onsite, shall not be the Designated Health Authority. The DHA shall ultimately be responsible for the provision of necessary and appropriate health care to youth in the care of a detention center or residential commitment program.

(14) Detention Center: A temporary hardware-secure state-operated, county or municipal facility for juveniles, which compares to a jail in the adult system.

(15) Electronic Medical Record/Electronic Health Record (EMR/EHR): The EMR and EHR definition can be used interchangeably for this Rule. Electronic Health Record is a department electronic system to maintain and securely access youth(s) Individual Health Care Record to meet federal and state regulations and to allow oversight and confidential access remotely or on site to the youth(s) health information.

(16) Episodic care: The health care component intended to provide medical services in response to unexpected illnesses, accidents or conditions that require immediate attention or an immediate professional assessment to determine their severity. Episodic care also includes responses to those complaints that can result in severe pain or suffering, even if the youth’s life does not appear to be in danger.

(17) Facility: For the purposes of this chapter, a Detention Center or Residential Commitment Program.

(18) Facility Management System (FMS): The computer-based system used by state-operated juvenile detention centers as the primary source of documentation and reporting for facility operations. Forms and reports generated by FMS are both the official and original documentation for the area concerned.

(19) Facility Operating Procedures: Facility/program-specific procedures implemented as guidelines for providing care and oversight to youth.

(20) Facility Superintendent/ Major: The person responsible for the operation of a designated juvenile detention center.

(21) First Aid: Any one-time treatment, and follow-up visit for the purpose of observation, of minor injuries such as cuts, scratches, first degree burns and splinters. Ointments, salves, antiseptics, and dressings to minor injuries are considered to be first aid.

(22) Five Rights of Medication Administration: These five rights are specifically defined as:

(a) Right Youth;

(b) Right Medication;

(d) Right Dosage; and

(e) Right Time.

(23) Focused Note: A chronological progress note in SOAP note (Subjective, Objective, Assessment and Plan) format which documents the review of the prior CPA and documents any discrepancy or changes to the current assessment noted in the CPA and outlines any plan to address the findings when youth return to DJJ programming.

(24) Health-Related History Form (HRH) (HS 014): The form required to document a standardized, comprehensive medical and health-related questionnaire.

(25) Heat Index: The temperature the body feels when heat and humidity are combined.

(26) Individual Health Care Record (IHCR): The permanent departmental file containing the unified cumulative electronic and hard-copy collection of clinical records, histories, assessments, treatments, diagnostic tests which relate to a youth’s medical, mental health, substance abuse, Developmental Disability, behavioral health and dental health which have been obtained to facilitate care or document care provided while the youth is in a detention center and residential commitment program.

(27) Juvenile Assessment Center: Chapter 985, F.S. establishes juvenile justice assessment centers which are designed to serve as a point of intake and screening for juveniles referred to the department.

(28) Juvenile Justice Information System (JJIS): The department’s electronic information system used to gather and store information on youth having contact with the department.

(29) Juvenile Probation Officer (JPO): A person meeting the definition in Chapter 985, F.S., and Chapter 63D-13, F.A.C.

(30) Licensed Health Care Professional: For the purposes of this rule, a Registered Nurse (RN), Licensed Practical Nurse (LPN), and an Advanced Practice Registered Nurse (APRN) licensed under Chapter 464, F.S.; a Medical Doctor (MD), and a Physician Assistant (PA) licensed under Chapter 458, F.S.; an Osteopathic Physician (DO) licensed under Chapter 459, F.S.; and a Dentist (DMD, DDS) licensed under Chapter 466, F.S.

(31) Medical Grade: One of five (5) categories or grades that can be assigned to a youth as part of the medical classification system. The specific Medical Grades are defined as follows:

(a) Medical Grade 1:

Youth has no identified chronic health conditions; and,
Youth has no serious, chronic infectious, communicable disease; and,
Youth has no periodic monitoring requirements.

(b) Medical Grade 2:

Youth has only one chronic condition, which has not required medical/nursing intervention within the last 12 months (except for routine periodic evaluations at the intervals required in this rule); and,
Youth has no serious, chronic, infectious communicable disease (youth may or may not be prescribed oral medications); and,
Youth being treated with prescription medication greater than 30 days.

Youth has been diagnosed with two or more chronic conditions (regardless of the actual or expected need for medical/nursing intervention), or
Youth has been diagnosed with a serious chronic, infectious communicable disease, or
Youth requires nursing/medical intervention and/or evaluation no more frequently than once every 30 days (youth may or may not be prescribed oral medications).

(d) Medical Grade 4:

Youth is physically disabled (visual, hearing, mobility), or
Youth is prescribed parenteral medications (medications which are administered by injection), or
Youth requires nursing/medical intervention and/or evaluation at a frequency greater than once every 30 days, or
Youth is pregnant or is within six weeks post-birth, or
Youth is receiving anti-tuberculosis medications.

(e) Medical Grade 5: Youth is prescribed any medication for diagnosed mental and/or emotional disorders. This medical grade shall be the only grade assigned in consideration of mental health disorders.

(32) Methicillin-Resistant Staphylococcus Aureus (MRSA): MRSA infection is an infection with a strain of Staphylococcus aureus bacteria that is resistant to antibiotics known as beta-lactams. These antibiotics include methicillin, amoxicillin, and penicillin.

(33) Non-licensed: For the purposes of this rule, persons who do not hold a medical or nursing licensure recognized as active in the state of Florida but who function in an assistive role to registered nurses or licensed practical nurses in the provision of patient care services through delegated tasks or activities. These delegated tasks or activities shall be provided under the clinical supervision of a Registered Nurse or higher licensure level.

(34) Over-The-Counter medications (OTCs): OTC medications are defined as medications that are safe and effective for use by the general public without seeking treatment by a health professional and can be provided to youth utilizing health care and non-health care protocols within manufacturers recommendations.

(35) Periodic Evaluation: A follow-up focused medical evaluation for youth by a physician (MD), osteopathic physician (DO), advanced practice registered nurse (APRN) or physician’s assistant (PA) for youth with chronic conditions or communicable diseases, at specified time intervals.

(36) Perpetual Inventory: A dose-by-dose inventory process for the daily distribution of prescribed over-the-counter medication and sharps. Sharps are to be counted as each sharp is utilized and disposed of.

(37) Practitioner’s Orders: Prescribed and authorized treatments and medications written for implementation by duly licensed practitioners authorized by their respective practice acts to do so. For the purposes of this rule, the term refers to orders written or given verbally by Physicians, Physician Assistants, Advanced Practice Registered Nurses, and Dentists.

(38) Probation: An individualized program in which the freedom of the child is limited and the child is restricted to non-institutional quarters or restricted to the child’s home in lieu of commitment to the custody of the department as per Chapter 63D-13, F.A.C.

(39) Program Director/Facility Administrator: The onsite administrator of a Residential Commitment Program, whether state or privately operated, who is accountable for the onsite operation of the program.

(40) Progress Note: Interdisciplinary documentation of medical and mental health care encounters that explain the forward course of action, events and time of any health care activity.

(41) Protective Action Response(PAR)/Right Interaction (RI) – The department approved verbal, physical, and mechanical intervention curriculum used in accordance with Chapter 63H-3, F.A.C.

(42) Psychiatric APRN: A licensed advanced practice registered nurse who has a master's degree or a doctorate in psychiatric nursing and two years post-master's clinical experience under the supervision of a psychiatrist. A licensed and certified psychiatric Advanced Practice Registered Nurse (APRN) under Chapter 464, F.S., with a master’s degree or doctorate in psychiatric nursing or mental health nursing and two years post-master’s clinical experience in pediatric or adolescent psychiatric treatment under the supervision of a psychiatrist would meet this definition as specified in section 394.455, F.S.

(43) Psychiatric Services: Within this rule refers to provision of psychiatric evaluations, prescribing psychotropic medications and monitoring psychotropic medications rendered by a psychiatrist or Psychiatric Advanced Practice Registered Nurse (APRN).

(44) Psychiatrist: A physician licensed pursuant to Chapter 458 or 459, F.S. who is board certified in Child and Adolescent Psychiatry or Psychiatry by the American Board of Psychiatry and Neurology or has completed a training program in Psychiatry approved by the American Board of Psychiatry and Neurology for entrance into its certifying examination. A Psychiatrist, who is board certified in Forensic Psychiatry by the American Board of Psychiatry and Neurology, or the American Board of Forensic Psychiatry, may provide services in DJJ facilities or programs but must have prior experience and training in psychiatric treatment with children or adolescents.

(45) Psychotropic Medication: Medications capable of affecting the mind, emotions and behavior that are used to treat mental illness. The medications, include, but are not limited to the following major categories: antipsychotics, antidepressants, antianxiety drugs, mood stabilizers, and stimulants.

(46) Residential Commitment Program: As defined in Chapter 985, F.S., the level of programming and security provided by programs that service the supervision, custody, care, and treatment needs of committed youth.

(47) Restricted Housing: All situations involving segregation, isolation, or separation of a youth for any reason, including disciplinary, medical or mental health reasons, or any other form of housing which separates youth from that of the general population.

(48) Service agreements: Written agreements that are utilized on a routine basis by providers who render health care services, and whose provision of services is rendered without a contractual agreement with the department.

(49) Sharp: Any object routinely used in medical procedures, including but not limited to, hypodermic needles, scalpels, blades, sutures, instruments with or without blunt ends, and dental equiptment.

(50) Shift-to-Shift Inventory: An inventory of controlled substances that shall be conducted with each shift change, ending shift or new shift, prior to the administration of any controlled substance. It shall be conducted with one oncoming and one off-going staff responsible for the access/administration of controlled substances. If nursing staff shifts do not correspond with other nursing staff, then a non-licensed staff shall observe and witness the counting of all controlled substances in the instance where the nurse comes on shift and when the nurse goes off shift for the day.

(51) Sick Call: The official method for a youth to request health care services for an illness or injury. This is the health care delivery system component intended to provide care in response to complaints of illness or injury of a non-emergent nature but which require some form of assessment and/or decision-making.

(52) Significant Change: Any increase or decrease in dosage beyond a small increment or beyond the normal dosage range for youths of similar age.

(53) Subjective, Objective, Assessment, Plan (SOAP): The medical documentation note format nationally recognized as universal documentation for all medical documentation to be used within the Individual Healthcare Record.

(54) Transitional Health Care Planning: The process of planning and information exchange to maintain continuity of care for a youth who is discharged, released to the community from a facility, or transferred between facilities.

(55) Treatment Protocols: The precise and detailed plan for a course of medical treatment developed by the Designated Health Authority/designee that describes a patient’s treatment regimen; a detailed plan for the delivery of health care treatment, procedures, tests, medications and dosages. These treatment protocols are limited in scope and responsibility depending upon whether the protocol is written for implementation by licensure level or non-licensed direct care staff.

(56) Working Inventory: Inventory of stock medications, syringes, needles, phlebotomy equipment, suture kits, and other potentially dangerous sharps that is permitted to be kept in an area for immediate access by nursing and trained non-licensed staff, which is separately tracked for use from the larger quantities stored in a secured area accessible only by licensed staff.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.0031 Designated Health Authority

(1) The Designated Health Authority (DHA) has the clinical responsibility for all program physical health and medical services occurring within the confines of the facility. Final clinical judgments regarding medical treatment received in the facility shall rest with this single individual.

(2) The role and function of the Designated Health Authority shall be clearly articulated in a written contract or agreement between the provider and the Designated Health Authority.

(3) The contract shall clearly indicate:

(a) At a minimum, the DHA must be onsite once per week, with a week defined as the seven-day period beginning on Sunday and ending on Saturday. However, at no time will more than nine days pass between onsite visits. This is to allow flexibility for unexpected or emergent situations and should not be the routine process. The DHA must be on-site monthly when the weekly clinical duties have been delegated to a qualified practitioner (with an agreement, for at a minimum, weekly service being provided on site by the qualified practitioner). An Autonomous APRN may not delegate clinical duties and therefore must provide onsite weekly services.

(b) Conducting onsite Medical Evaluation and Treatment.

(c) Availability for consultation by electronic means twenty-four hours per day, seven days per week, for acute medical concerns, emergency care, coordination of off-site services and other responsibilities.

(d) Assisting in the development of the Facility Operating Policies, and Procedures for Medical and Dental episodic (non-emergent illnesses and injuries) and emergency care, including annual review/revision of episodic and emergency Protocols, Policies and Procedures.

(e) Specification of other duties, as agreed upon by the program and the designated health authority.

(f) The licensure level of the clinician (APRN, MD, or DO).

(4) The Designated Health Authority, who is an MD or DO only, may delegate clinical duties only to the following clinicians, as defined in Rule 63M-2.002, F.A.C., Designated Health Authority, (which may include the provision of on call coverage if designated in writing by a collaborative agreement):

(a) Another physician (MD or DO);

(b) An Advanced Practice Registered Nurse (APRN), or

(5) The Designated Health Authority shall be responsible for communicating regularly with the facility Superintendent/Director and/or Assistant Superintendent/Director on all matters relative to the medical needs of the youth in the facility.

(6) The following duties and activities shall not be the responsibility of the Designated Health Authority:

(a) The development or review of Facility Operating Procedures or other protocols related to psychiatric services;

(b) The management of psychiatric conditions;

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 5-8-17, 2-5-25.

Fla. Admin. Code R. 63M-2.00315 Psychiatry Services

(1) Each Detention Center and residential commitment program shall have available, within the facility, written agreements, or contracts with on-site providers, for the provision of Psychiatric Services.

(2) Psychiatry services shall be provided by a Psychiatrist, or by a licensed and certified Psychiatric Advanced Practice Registered Nurse (APRN) under Chapter 464, F.S., who works under the clinical supervision of a Psychiatrist, as specified in the collaborative practice protocol with the supervising Psychiatrist and is maintained at the location where services are provided.

(a) The Psychiatrist or Psychiatric APRN providing psychiatric services in a departmental facility or program must comply with Chapter 63M-2, F.A.C., provisions regarding medication management whenever a youth is considered for, prescribed or receiving psychotropic medication.

(b) The Psychiatrist or Psychiatric APRN shall only prescribe psychotropic medications, which address the youth’s specific diagnoses and target symptoms.

(c) If psychotropic medications are required, the lowest dose of medication necessary to achieve therapeutic effect shall be used bearing in mind potential benefits and risks.

(d) The use of more than one psychotropic medication as part of a mental health treatment regimen requires documented clinical justification for each psychotropic medication utilized by the Psychiatrist or Psychiatric APRN.

(e) Psychotropic medication shall be only one component of the therapeutic program. Additional treatment modalities such as individual, group and family therapy, behavioral therapy, substance abuse counseling and psychosocial skills training shall be utilized in conjunction with the use of psychotropic medication and must comply with Chapter 63N-1, F.A.C.

(f) Psychotropic medication shall not be used as punishment, for staff convenience, discipline, coercion, or retaliation, as a substitute for meaningful psychosocial, rehabilitative services or in quantities that lead to a loss of functional status.

(g) There shall be no pro re nata (PRN) or standing orders for psychotropic medications.

(h) There shall be no emergency treatment orders for use of psychotropic medication as a chemical restraint. Chemical restraint means a medication used to control behavior or restrict the youth's freedom of movement and is not a standard treatment for the youth's psychiatric condition.

(i) Injectable psychotropic medications shall require justification and may not be self-administered and may only be administered by a licensed nurse or practitioner.

(3) Each detention center and residential commitment program’s intake screening process must determine whether a youth is taking psychotropic medications. If so, the youth is to be referred for a psychiatric evaluation to be conducted within fourteen days of the youth’s admission. The psychiatric evaluation must be identified as such and documented on the Clinical Psychotropic Progress Note (HS 006), or a form developed by the program which contains all the information required in form HS 006. The Clinical Psychotropic Progress Note (HS 006, October 2014) is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-17126.

(4) Youth who are referred for a new psychiatric evaluation after admission must receive psychiatric evaluation within 30 days of the referral or expedited based on youth needs.

(a) The psychiatric evaluation must be identified as such and documented on the Clinical Psychotropic Progress Note Form (HS 006) or a form developed by the program which contains all the information required in form HS 006.

(b) If the youth’s file contains a psychiatric evaluation which was completed within the past 6 months, the previous psychiatric evaluation may be utilized by the facility’s Psychiatrist or Psychiatric APRN, to conduct an updated psychiatric evaluation. The updated psychiatric evaluation must be identified as such and documented on the Clinical Psychotropic Progress Note Form (HS 006) or a form developed by the program which contains all the information required in form HS 006.

(5) Each youth who is receiving psychotropic medication shall be seen for medication review by the Psychiatrist or Psychiatric APRN, at a minimum, every 30 days. Medication review shall include evaluating and monitoring medication effects and the need for continuing or changing the medication regimen.

(6) Psychotropic medication that is prescribed or significantly changed shall be documented on page 3 of the Clinical Psychotropic Progress Note Form (HS 006). Psychotropic medication that is continued without significant changes shall be documented either on page 3 of form HS 006 or a form developed by the program that contains all the information required on page 3 of form HS 006.

(7) Whenever a new psychotropic medication is prescribed, discontinued, or the drug dosage is significantly changed, parent/guardian/assigned custodian notification and consent must be obtained unless the youth is 18 years of age or older, or is emancipated as provided in Chapter 743, F.S., and is responsible for authorizing his or her own health care, or a physician determines that immediate treatment is needed as set forth in Chapter 985, F.S.

(8) Parent/guardian/assigned custodian consent for psychotropic medication shall be accomplished through the following action:

(a) The Psychiatrist or Psychiatric APRN must attempt to contact the parent or legal guardian by telephone to obtain his or her verbal consent for the psychotropic medication.

(b) The Psychiatrist or Psychiatric APRN must document the parent or guardian’s verbal consent, when obtained, on page 3 of the Clinical Psychotropic Progress Note Form (HS 006), or a form developed by the program that contains all the information required on page 3 of form HS 006. The verbal consent must be witnessed, and the witness will sign on page 3 of the form HS 006 along with the Psychiatrist/Psychiatric APRN’s signature, where indicated.

(c) A copy of the 3rd page of the Clinical Psychotropic Progress Note (HS 006) or a form developed by the program that contains all the information required on page 3 of form HS 006, and the Acknowledgment of Receipt of CPPN or Practitioner Form (Parental Consent for Psychotropic Medication) (HS 001) shall be mailed to the parent/guardian/assigned custodian. The Acknowledgment of Receipt of CPPN or Practitioner Form (Parental Consent for Psychotropic Medication) (HS 001, January 2024) is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-17494.

(d) The parent or legal guardian’s signature on the Acknowledgment of Receipt of CPPN or Practitioner Form (Parental Consent for Psychotropic Medication) (HS 001) provides written consent for the psychotropic medications as recorded on page 3 of the CPPN form HS 001 mailed to the parent, legal guardian, or assigned custodian.

(9) Where parental rights have been terminated and the youth is prescribed psychotropic medications the department or its representatives shall obtain an order of the court authorizing the treatment prior to the treatment being rendered. The department or its representative may ask the Department of Children and Families to assist with this process or confirm authorization has been given in accordance with Chapter 65C-35, F.A.C.

(10) The Psychiatrist or Psychiatric APRN must brief the facility’s treatment team on the psychiatric status of each youth receiving psychiatric services who is scheduled for treatment team review. The briefing may be accomplished through face-to-face interaction or telephonic communication with a representative of the treatment team, or through a detailed progress note submitted by the Psychiatrist or Psychiatric APRN prior to the treatment team meeting.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 2-5-25.

Fla. Admin. Code R. 63M-2.0032 Role of Superintendent/Facility Administrator in Healthcare Services

(1) The Facility Superintendent/Major or Facility Administrator/Program Director, with collaborative support from the Office of Health Services, is responsible for:

(a) Ensuring that the Designated Health Authority is clearly informed of all the department’s health care requirements at the time of the negotiation of the agreement/contract. This responsibility can be delegated to the Facility Superintendent or Program Director Designee and shared with supervisors at the Provider’s Regional level;

(b) Ensuring a licensed general hospital is available to provide emergency services on a 24-hour per day basis.

(c) Ensuring adherence to delivery of physician on-call medical services, consultative medical referrals, regularly scheduled physician hours, access to a licensed health care professional and clinic hours, treatment protocols, access to Emergency Medical Services and 24-hour episodic care, and emergency drills.

(2) There shall be communication, at a minimum of every other week between the Facility Superintendent/Program Director and the licensed health care professional staff to review important medical issues pertaining to youth at the facility.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.0033 Nursing Staff Requirements

(1) Licensed nurses are required to practice within the Florida Nurse Practice Act and the applicable Florida Board of Nursing Chapter 464, F.S.

(2) All detention and residential facilities shall have onsite nursing coverage to be provided by Registered Nurses (RNs) or, at a minimum, Licensed Practical Nurses (LPNs) as outlined by contract.

(3) The licensed healthcare professional that is providing the direction to the LPN is responsible for reviewing all medical cases daily with the LPN, and be available by electronic or telephonic means for consultation for the LPN. Based upon the results of this clinical consultation, onsite assessment and management of medical cases must be provided by the licensed healthcare professional.

(4) Each detention and residential facility shall have practitioner level on-call medical coverage for nights and weekends when no nurse is onsite. There shall be a staff person on every night or weekend shift responsible for accessing medical services or personnel. For specialty facilities and intensive medical facilities, a higher level of nursing coverage may be indicated and shall be clearly articulated per a contractual agreement with the department.

(5) Health care staff shall not be involved in the collection, assembly, or interpretation of, information or laboratory data that will be used in judicial processes to ensure the nurse patient relationship is maintained and establish that the patient advocacy role is clear to the youth receiving care.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.0034 Non-Licensed Staff Providing Health Services

(1) Aspects of medical care may be delegated to non-licensed staff that have been appropriately trained and experienced to perform those specific tasks of care. Competency to safely perform these tasks shall be verified by the Registered Nurse who has delegated the tasks to the non-licensed staff as per chapter 64B9-14, F.A.C., Delegation to Unlicensed Assistive Personnel.

(2) Non-licensed staff may assist in, at a minimum, these tasks:

(a) Self-administration of medications only when nursing staff is not present;

(b) Accompanying youth to medical appointments;

(d) Providing First Aid/Emergency Care.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14.

Fla. Admin. Code R. 63M-2.0035 Protocols and Procedures

(1) Protocols shall adhere to community standards of practice and identify and support the need for maintaining youth privacy during examination and handling of health information. Clinical encounters shall be conducted in private. Escorting, non-health care staff/officers, shall maintain distance from the examination for privacy, however, shall also maintain presence within medical to ensure the safety of medical personnel.

(2) All newly employed health care personnel, whether state-employed or contracted health care staff, shall receive a clinical orientation to department health care policies and procedures, given by a Registered Nurse or designated licensed health care professional.

(3) The facility Designated Health Authority shall review and approve treatment protocols for the onsite licensed nursing staff and non-licensed staff to utilize when administering care in response to commonly encountered complaints. These protocols must be within the scope of practice and level of expertise and training of the staff conducting the evaluation for care.

(4) Treatment protocols shall be specifically developed for:

(a) Registered Nurses;

(b) Licensed Practical Nurses; and,

(5) When utilizing treatment protocols, the Designated Health Authority or Physician Designee, PA or APRN shall be contacted when deemed necessary based upon clinical judgment and when the protocol indicates.

(6) Documentation of the implemented treatment protocol shall be recorded by one of the following:

(a) Within the Electronic Health Record;

(b) Directly on the Sick Call Request Form (HS 032, February 2010);

(c) For non-licensed staff, the Report of Onsite Health Care by Non-Health Care Staff Form (HS 049, December 2023), which is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17495.

(d) Chronological Progress Notes.

(7) The Designated Health Authority, the Psychiatrist, and the Dentist (if services are provided on site), must review, sign and date all of their respective written treatment protocols annually, each time a new protocol is developed and when an existing one is changed.

(8) Nursing staff must review, sign and date a cover page on which all applicable Facility Operating Procedures, treatment protocols, and other procedures are listed, annually. Any changes in these documents that are made during the year must be reviewed, signed, and dated by each nurse on the individual documents or a designated page.

(9) An annual review of all applicable Facility Operating Procedures and treatment protocols is required. This is demonstrated by the signature and date of the DHA and facility Superintendent/Program Director.

(10) Facility-operating procedures shall be facility-specific. Corporate policies and procedures shall include language that articulates how the individual facility shall implement the corporate policy or procedure.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.0036 Service Agreements

(1) The facility Superintendent or Program Director shall be responsible for ensuring that service agreements are in place with health care providers that are routinely and/or frequently utilized by the program. Ancillary service contracts or written agreements may be executed with health care professionals in the community to provide additional health care as needed.

(2) Service agreements must contain, at a minimum:

(a) A general description of the services to be rendered;

(b) Fees or fee schedules; and,

(3) The facility Superintendent or Program Director shall be responsible for ensuring that health care providers that function under service agreements are kept informed of changes in departmental rules that affect their provision of health care services.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14.

Fla. Admin. Code R. 63M-2.0037 Verification of Credentials

(1) The facility Superintendent, Program Director or designee are responsible for verification of credentials prior to contract execution and at the time of a change in medical provider prior to admittance to the facility/center for all health care providers.

(2) A copy of the following documentation shall be maintained in the health care provider’s service agreement file at the facility/center and with the contract manager:

(a) Current license;

(b) Curriculum Vitae (for APRN licensure and higher level); and,

(c) Current Basic, Advanced, or Pediatric Advanced Cardiac Life Support Certification that includes training on the automated external defibrillator.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.0038 Students or Interns

(1) For students or interns in health care profession and licensure training programs, the same training requirements for licensure verification apply to the preceptor/supervising instructor from the academic institution.

(2) All student observation experiences must be pursuant to a written agreement with the academic institution and the medical provider, and the agreement must also be on file with the department contract manager.

(3) The students or interns must be under direct supervision by their respective preceptors/teachers at all times.

(4) The student or intern may directly observe the clinical interaction only with the youth’s verbal consent.

(5) Departmental background screening is required for all students who enter a facility for observation, clinical rotation, internship, or any other educational or professional experience.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.0039 Interdisciplinary Risk Reduction/Quality Improvement

(1) All facilities and programs shall implement a method of identifying and solving potential and actual problems in health care delivery to committed youth.

(2) Meetings shall be held and documented no less than quarterly, whereby all disciplines that provide or oversee the provision of physical and mental health care, programming/operations and behavior management are represented. Additional meetings shall be held as needed when an adverse or sentinel event occurs or the potential for such an event is recognized.

(3) Simple Root Cause Analysis or another problem-solving methodology shall be conducted for actual adverse or sentinel events and reviewed during such meetings.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.0041 Healthcare Admission Screening

(1) Each facility shall screen every youth upon admission to determine if the youth has an acute injury, illness, chronic medical condition, physical impairment (e.g., speech, hearing, visual), mental disability, or developmental disability that requires medical or mental health evaluation and treatment, and/or medication needs to be met.

(a) In detention facilities, a Medical and Mental Health Admission Screening must be conducted by detention staff and documented in the Facility Management System (FMS).

(b) In residential commitment programs, the Facility Entry Physical Health Screening document (HS 010) shall be utilized. The Facility Entry Physical Health Screening form (HS 010, March 2024) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17496.

(c) In a Juvenile Assessment Center, the Probation Medical and Mental Health Clearance Form (HS 051) shall be utilized when law enforcement delivers a youth to the department for screening or for youth who are self-surrendering without law enforcement present. The Probation Medical and Mental Health Clearance Form (HS 051, July 2010) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-03801.

(2) A licensed nurse, advanced practice registered nurse (APRN), physician assistant (PA) or physician (MD or DO) shall review the admission screening within 24 hours of a youth’s admission to a detention center or residential commitment program if the screening was not conducted by a licensed nurse. The following screenings are to be completed after the completion or review of the Facility Entry Physical Health Screening or the Medical and Mental Health Admission Screening:

(a) An oral screening shall be on the Oral Health Assessment Form (HS 050, April 2024), which is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17497. The facility may utilize a form of their choice as long as the form includes all information required on the Oral Health Assessment Form that is incorporated by reference into Chapter 63M-2, F.A.C.

(b) All youth shall be screened for possible Sexually Transmitted Diseases by completing the Sexually Transmitted Infections Screening Form (HS 029, April 2024), which is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17498. The facility may utilize a form of their choice as long as the form includes all information required on the Sexually Transmitted Disease Screening Form that is incorporated by reference into Chapter 63M-2, F.A.C.

(c) All youth shall be screened for possible communicable diseases by utilizing screening instruments and documentation on the Infectious and Communicable Disease Form (HS 018, March 2024). The Infectious and Communicable Disease Form (HS 018,) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17499.

(3) Youth are to be re-screened utilizing the Medical & Mental Health Screening Tool for Detention or Facility Entry Physical Health Screening (HS 010) by the receiving facility whenever they are moved from one facility to another with an anticipated stay of 24 hours or more to include transfers within detention.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.0042 Medical Emergencies upon Admission or During Screening

(1) During the admission and screening process, immediate emergency medical assessment and/or transfer by Emergency Medical Services (EMS) to the nearest hospital is required if a youth presents with an incapacitating medical illness or condition. In all situations, the staff shall not wait for a response from the Designated Health Authority, PA, or APRN prior to calling 911 and contacting EMS.

(2) The Designated Health Authority is to be contacted at the next possible opportunity when a youth requires emergency transfer during admission and screening.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14.

Fla. Admin. Code R. 63M-2.0043 Routine Notification of the Designated Health Authority upon Admission

(1) In situations where a youth does not require immediate emergency transfer, the Designated Health Authority or designee must be notified of all youth admitted with a medical condition, illness, or injury documented at the time of screening. This notification may be by telephone, electronically, or verbally with documented confirmation, in accordance with state and federal privacy regulations.

(2) The notification shall be documented in the youth’s individual health care record (IHCR).

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.0044 Tuberculosis (TB) Control and Screening

(1) All facilities shall implement routine screening for all youth for tuberculosis, upon admission, as well as environmental controls in the case of a youth with active Tuberculosis, in accordance with the Florida Department of Health recommendations.

(2) After the initial screening, a TB test shall be completed within 7 days of admission, if there is no documentation of a current (within one year) TB test on file.

(3) The medical evaluation and treatment of latent or active TB shall be the responsibility of the Designated Health Authority or designee.

(4) The Designated Health Authority or designee shall be responsible for the reporting of all youth with confirmed TB disease to the Department of Health.

(5) If anti-tuberculosis medication is prescribed, it shall be noted on the youth’s Infectious and Communicable Disease form (HS 018).

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.0045 Medical Alert System

(1) Each facility shall implement a Medical Alert system. The Medical Alert system is required for non-licensed staff to use in making safety and security decisions as they relate to youth behavior and monitoring needs.

(2) Non-licensed staff shall also identify youth for inclusion in the Medical Alert system based on information obtained during intake screening, upon return from an off-site medical appointment or as the need may arise.

(3) A diagnosis of HIV/AIDS shall not be placed on the Medical Alert list per chapter 381, F.S.

(4) All youth with Medical Grades of 2-5 shall be placed on the facility’s Medical Alert System.

(5) The following medical conditions and issues warrant placement of a youth on Medical Alert:

(a) Allergies/Anaphylaxis;

(b) Medication interactions;

(d) Pregnancy;

(e) Chronic medical conditions;

(f) Hearing, speech, visual, or physical impairment;

(g) Developmental disability or intellectual disability;

(h) Medication side effects; and

(i) Immunocompromised.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.0046 Healthcare Orientation of Committed Youth

(1) All facilities shall conduct an orientation for youth to the health care delivery services upon admission, or at the next available opportunity after admission.

(2) The healthcare orientation shall be provided by a nurse, or at a minimum, by a non-licensed staff knowledgeable with the health care delivery system, and shall include at a minimum: access to care, sick call vs episodic/emergency care, medication process, right to refuse care, what to do in the case of a sexual assault or attempted sexual assault; the non-disciplinary role of the health care providers and general infection control/hygiene.

(3) Each facility shall make provisions for orientation of youth who are hearing or visually impaired.

(4) Orientation must be provided in Spanish or other languages that youth use as a primary language.

(5) For youth with cognitive deficits, the school district personnel (or teachers employed by the facility) shall provide information as to how to present this information to youth who are impaired.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.0047 Health-Related History (HRH)

(1) The HRH (HS 014) shall be completed no later than seven (7) calendar days following the date of admission. The HRH (HS 014, March 2024) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17500.

(2) The HRH shall be conducted or reviewed by a nurse through interview of the youth and then made available to the Designated Health Authority or Physician Designee, PA, or APRN, prior to conducting or reviewing the Comprehensive Physical Assessment (CPA).

(3) When a youth re-enters the department’s custody or is placed in a residential facility, a nurse, together with the youth shall review the HRH. Corrections and revisions shall be made at this time and documented on the section reserved for this purpose. Review of health information shall be documented by signature and date on the HRH at the time of review.

(4) Nursing assessments, including a summary of the health-related issues of the youth shall be documented. Medical Alerts based on the history are to be implemented or corrected as applicable.

(5) The HRH can be reviewed a total of six (6) times before a new HRH will need to be completed. A new HRH shall be completed annually.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.0048 Comprehensive Physical Assessment (CPA)

(1) The Comprehensive Physical Assessment (HS 007) shall be completed no later than seven (7) calendar days following the date of admission. For youth with a Comprehensive Physical Assessment completed prior to admission, see subsection 63M-2.0048(9), F.A.C.

(2) The DHA/designee may place the youth on a 72-hour observation with no contact sports or extensive exercise regimen. Attempts shall be made to interview the parent/legal guardian/assigned custodian to determine any current physical activity restrictions in effect prior to admission to detention. Youth shall be screened for chronic health conditions that may potentially prevent participation in strenuous physical activity. Youth who are re-admitted to detention will be screened for history of known physical activity restrictions post practitioner assessment during the prior admission. If there are no symptoms that would warrant concern for participation in activity during the 72 hours, the activity restriction may be lifted after consulting with the practitioner or at the completion of the CPA.

(3) Youth in detention who are released pending placement in a Residential Commitment Program are to have a CPA completed prior to release from detention, or documentation of a current CPA completed.

(4) The standard Comprehensive Physical Assessment (CPA) form shall be used by all practitioners. The Comprehensive Physical Assessment (HS 007, February 2024) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17501. When a community practitioner completes the CPA, (physician, PA, or APRN), all efforts shall be made to provide them with the approved form for documentation. If this cannot be done, the DHA, his/her physician designee, PA or APRN shall augment that assessment to ensure that all of the CPA’s required components are clearly documented on the alternate form.

(5) A new CPA, or a focused medical examination documented in the chronological progress notes, shall be completed as clinically indicated when a youth’s condition warrants.

(a) At a minimum, a focused note must be completed with each additional admission and completion of the Additional Reviews to Comprehensive Physical Assessment form (HS 052).

(b) All screening components (i.e., vital signs, vision, height, weight, Body Mass Index (BMI)) shall be completed at the initial CPA and at the time of the focused note.

(6) The first Medical Grade is assigned at the time of the first CPA. The Medical Grade is to be updated or changed whenever the youth’s health status changes to such an extent that it is warranted.

(7) Registered Nurses and Licensed Practical Nurses may only increase a Medical Grade; they are not permitted to decrease grades. These changes shall be documented in the progress notes as well as the Problem List (HS 026), Medication Administration Record (HS 019) and Practitioner’s Orders. The Problem List (HS 026, April 2024) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17502.

(8) For youth with a Medical Grade 1, the Comprehensive Physical Assessment is current if performed within the last two years. For Medical Grades 2-5, the Comprehensive Physical Assessment is current if performed within the past 12 months.

(9) A Comprehensive Physical Assessment completed prior to the youth’s current admission may be used as follows:

(a) A current CPA with no changes in the youth’s medical condition. The current CPA shall be reviewed as the youth is examined and signed off as reviewed by the physician, PA, or APRN.

(b) The CPA shall only be reviewed with the completion of a focused note, up to six times, before a new CPA shall be initiated to avoid confusion on the youth’s condition and to ensure clear documentation of the current condition.

(10) The facility director or superintendent or their designee must ensure that all youth receive a CPA within the above-defined timeframes.

(11) A visual acuity (without correction) of 20/40 (both eyes) will require referral for visual examination by a licensed optometrist or ophthalmologist within 60 days of screening.

(12) A BMI of less than 18 or greater than 29.9, shall have a periodic evaluation and initiate a plan of care by the DHA/designee. After the DHA completes the physical assessment, the DHA may document justification if a plan of care is not needed for obesity (i.e., large muscle mass).

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.005 Consent and Notification Requirements

The following are the requirements for the authorization of health care services to youth in the physical custody of the department.

(1) The Authority for Evaluation and Treatment (AET) is the means by which the department obtains the consent of the parent, guardian, or assigned custodian for basic health and mental health evaluation and treatment. Covered services and exclusions are described on the form. The AET is not required for emergency services. Under no circumstances shall emergency services be withheld pending provision of a signed AET. The Authority for Evaluation and Treatment (HS 002, January 2024) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17503. The department’s Juvenile Probation Officer (JPO) or Facility Superintendent is responsible for ensuring that the AET is signed and dated by the parent or guardian at the first available opportunity.

(2) The AET remains valid for as long as the youth is in custody or under supervision. It becomes invalid if youth is on abscond status for greater than 1 year. The abscond status for greater than one year would then warrant a new AET to be completed.

(a) The AET is no longer in effect once a youth turns 18 years of age or shows proof of legal emancipation by a court order.

(b) When a youth with developmental disabilities turns 18 years of age while in department custody, the regional counsel must be consulted to determine that the party authorized to provide consent has been identified and shall proceed as in Chapter 63E-7, F.A.C.

(3) The AET may be revoked by the parent/guardian/assigned custodian. Revocation or modification shall be documented as follows:

(a) The JPO must ensure that the original or a legible copy of the signed and witnessed AET is provided for inclusion in the youth’s Individual Health Care Record (IHCR) and EHR. It is the final responsibility of the JPO supervisor to ensure the legible signed and witnessed copy of the AET is included in the completed commitment packet prior to approving the packet.

(b) If a subsequent AET is obtained, it shall be filed directly on top of the prior AET in the IHCR and uploaded to the department’s electronic system.

(4) The signed AET or a current copy shall accompany the youth when he or she is taken off-site to a health care provider. The AET authorizes the provider to make information available to the department, which may be necessary to provide health care to the youth. If health care is authorized by a court order, then the court order shall accompany the youth and be presented to the provider.

(5) When emergency medical services are provided, the facility superintendent, program director or designee must immediately attempt to notify the parent, guardian, or assigned custodian once the need for necessary treatment is established. The contact attempts will be documented in the chronological progress notes and in accordance with assigned permissions in the EHR.

(6) In situations where the parent/legal guardian/assigned custodian is unable to make a face to face appearance for authorization and witnessed signature of the AET, a verbal, witnessed authorization may be obtained and documented on the Limited Consent for Evaluation and Treatment (HS 057), until such time the parent/legal guardian/assigned custodian is able to make a face to face appearance and provide a witnessed signature, in order to ensure necessary medical care is provided on site at a detention facility.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.0051 Routine Consent – Authority for Evaluation and Treatment (AET)

(1) Because a signed AET is essential to providing routine health services to youth, an effort must be made to obtain a signed AET as early as possible during the youth’s intake and stay.

(2) Department staff shall obtain routine consent for health services, either through a signed AET or a referenced alternative, under the following procedure:

(a) If the parent, guardian, or assigned custodian is available at the detention screening a JPO/designee must explain the AET and obtain the required signature. If the parent, guardian, or assigned custodian is available during the youth’s detention stay the detention representative/medical provider must explain the AET and obtain the required signature.

(b) If the parent, guardian, or assigned custodian is not available during the detention screening, an assigned JPO shall schedule an intake conference with the parent, guardian, or assigned custodian for the purpose of completing the AET at the earliest possible time and within 7 days of admission.

(c) If the parent, guardian, or assigned custodian has expressed objection to signing the department AET, a JPO/designee will work with DJJ counsel to assist in obtaining a court order for medical services.

(d) If a youth arrives at a detention center or residential commitment program without a signed AET, the facility administrator or designee must immediately contact the respective Chief Probation Officer or designee for assistance with the parent, guardian or assigned custodian.

(e) For detained youth who have not been committed to the department, and for whom an AET has not yet been obtained, the detention superintendent or the person in charge of the detention center or facility, or his or her designee, shall authorize a Healthcare Admission Screening as per Rule 63M-2.0041, F.A.C., to determine if the youth is in need of medical care or isolation via the execution of the Limited Consent for Evaluation and Treatment form. The Limited Consent for Evaluation and Treatment (HS 057, April 2025) is incorporated into this rule and is available electronically at http://flrules.org/Gateway/reference.asp?No=Ref-18596. For additional, non-emergency care and treatment, consent shall be obtained as follows:

Authorization for additional examination and treatment, including the continued provision of currently prescribed medication, specified over-the-counter medications, and other routine services shall be provided as authorized by the youth’s parent, guardian, or assigned custodian in a signed Authority for Evaluation and Treatment (HS 002, February 2010).
Where a signed AET has not been obtained, and the person with the power to consent to examination or treatment cannot be contacted after a diligent search, and has not expressly objected to consent, the Detention Facility Superintendent or Assistant Facility Superintendent may consent to ordinary and necessary medical treatment, including immunizations, and dental examination and treatment as set forth in section 743.0645, F.S. The assigned JPO shall conduct the diligent search as set forth in the form Affidavit of Diligent Effort (HS 056, January 2012), which is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-03806. The assigned JPO shall complete the Affidavit of Diligent Effort and attach to the youth’s Limited Consent for Evaluation and Treatment (HS 057). The Facility Superintendent providing the consent for the youth shall sign the Limited Consent for Evaluation and Treatment.
Where the youth is in the dependency system and is served by the Department of Children and Families, the following process applies:

a. Where parental rights have not been terminated and the youth is in out-of-home care, such as a foster home, group home, or unlicensed caregiver, the parent shall be contacted to sign the AET.

b. Parental consent is not required where the court order placing the youth in out-of-home care specifically gives authority to consent to ordinary medical treatment to the Department of Children and Families or the out-of-home caregiver. Where these circumstances exist, either the Department of Children and Families or the court assigned out-of-home caregiver may consent to ordinary medical treatment by executing the Limited Consent for Evaluation and Treatment (HS 057).

c. Where parental rights have been terminated and the youth is in the custody of the Department of Children and Families, the Department of Children and Families or its contracted service provider may consent to ordinary medical treatment by executing the Limited Consent for Evaluation and Treatment (HS 057).

d. Where parental rights have been terminated and the youth is prescribed psychotropic medications refer to subsection 63M-2.00315(9), F.A.C.

(f) For youth committed to the department; prior to admission to a residential commitment program of a youth under 18 years of age or a youth 18 years of age or older who is incapacitated as defined in section 744.102, F.S., the youth’s JPO shall provide the residential commitment program with an original or a legible copy of the signed AET or a court order addressing the provision of routine physical and mental healthcare. The Limited Consent for Evaluation and Treatment (HS 057) is not applicable for use in residential commitment programs. However, when a youth is 18 years of age or older and not incapacitated, or otherwise emancipated as provided in section 743.01 or 743.015, F.S., no AET or court order is required since the youth is responsible for authorizing his or her own physical and mental health care.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25, 12-2-25.

Fla. Admin. Code R. 63M-2.0052 Special Consent

(1) Additional consent is required in special circumstances through the Parental Notification of Health Related Care: General (HS 020, January 2014) and is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-03808. Informed consent is required for the following:

(a) Hospitalization;

(b) Surgery;

(d) Any procedure or service of an invasive nature including dental fillings, crowns and anesthesia;

(e) Any procedure where the benefit to the child is uncertain; and,

(f) Any procedure or service that the parent or guardian has previously prohibited.

(2) Newly prescribed medications, or a significant change to medications (including OTCs), excluding psychotropic medications, require parental notification through the Parental Notification of Health-Related Care: Medication Management (HS 021 April 2024) and is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17505. Reasonable attempts shall be made to contact the parent/guardian/assigned custodian verbally/by telephone prior to making the changes in order to explain the medications.

(3) New Vaccinations and Immunizations shall be provided in accordance with 64D-3 F.A.C. and informed consent obtained and documented by utilizing the Parental Notification of Health Related Care: Vaccinations/Immunizations (HS 022, February 2010) which is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-03810.

(4) When the person authorized to consent withholds, revokes or limits consent for any recommended treatment, the program’s Designated Health Authority, based on his or her clinical judgment, shall determine whether failure to provide the treatment will potentially result in serious or significant health consequences for the youth or threaten his or her life or jeopardize the health of other youth and staff in the program. If the Designated Health Authority so determines, the program director shall explain the situation to the person withholding, revoking or limiting consent, encouraging him or her to consent to the needed treatment; however, if consent is still denied, the program director shall contact the department’s regional general counsel to request assistance to obtain a court order authorizing the treatment.

(5) Informed consent is not required for emergency services.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 6-20-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.006 Sick Call

(1) Sick Call shall be conducted only by a licensed nurse or higher licensure level.

(2) Sick Call shall be regularly scheduled in each facility and conducted by a licensed health care provider within 24 hours of placing the sick call request.

(3) All youth with a complaint, illness, or injury shall have the opportunity to access care through the Sick Call process.

(4) Review and triage of Sick Call requests shall be conducted as follows:

(a) A licensed nurse, or higher licensure level, shall review, triage promptly, and screen for urgency all Sick Call requests such that emergency conditions are not delayed for the next regularly scheduled sick call session.

(b) When a licensed health care professional is not on site, the shift supervisor shall review all Sick Call requests as soon as possible, within four (4) hours after the request is submitted. Issues requiring attention prior to the next scheduled Sick Call shall be addressed as per rule 63M-2.009, F.A.C.

(5) A Registered Nurse, or higher licensure level health care staff, after review of the Sick Call requests, shall make an assessment while conducting Sick Call, and determine whether a nursing or medical intervention is appropriate.

(6) If a facility utilizes a Licensed Practical Nurse (LPN) without the presence of a Registered Nurse, the LPN shall conduct the Sick Call. The LPN shall review all sick call requests daily, which is defined as seven days a week, including Holidays, (either telephonically or in person) with someone at the level of a Registered Nurse or a higher licensure level.

(7) After appropriate evaluation of the Sick Call requests have been completed:

(a) For residential commitment programs, a list of youth who have requested to be seen at the next Sick Call shall be generated and provided to the nurse.

(b) For detention facilities, the staff shall utilize the department’s electronic system to enter the Sick Call requests generated by the youth. This entry must then generate a notice to the nurse for his/her timely review. Every facility shall have a backup method for notification to the nurse in situations where the computerized system is unavailable.

(8) Youth identified as having the same complaint and seen by the nurse three times within a two-week period shall be referred to the Physician, APRN or PA. Episodic encounters must be taken into account when determining the frequency of care provided for the same complaint.

(9) A youth who has received medical evaluation and treatment by the APRN or P.A. more than once for the same complaint that has demonstrated no improvement after two medical evaluations shall be referred immediately to a physician (onsite, off-site or Emergency Room).

(10) The RN, APRN, or P.A. shall immediately notify the DHA (physician) when he or she cannot determine the nature and/or severity of a youth’s medical or clinical condition. The Designated Health Authority has the final authority for determining the next medical course of action.

(11) When a non-licensed staff person has a concern regarding a youth’s need to be seen, whether or not the youth has made a Sick Call Request, the staff shall notify the nurse and the youth shall be seen and triaged for sick call or episodic care as early as possible. When no nursing staff are on site the DHA/designee shall be contacted regarding the youth(s) immediate need for care.

(12) The Sick Call documentation shall be as follows:

(a) Youth in Residential Commitment Programs shall complete the Sick Call Request Form (HS 032). The Sick Call Request Form (HS 032, April 2024) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17506. When an electronic format of this form is used, all components of the sick call shall be incorporated and completed at the time of the completion of the sick call.

(b) For youth who need assistance initiating the Sick Call Request form, a staff person shall be available. The staff person shall maintain the youth’s confidentiality.

(c) The completed Sick Call Request forms shall be placed in a secure location inaccessible to youth to be provided to the nurse or provided electronically to medical staff.

(d) The completed Sick Call Request form is to be filed with the progress notes in the Individual Health Care Record in reverse chronological order.

(e) Detention facilities shall utilize the department’s established electronic system to coordinate and document Sick Call. A copy of the completed electronic Sick Call Request form shall be placed in the youth’s Individual Health Care Record and maintained in the EMR/EHR.

(f) When the youth is evaluated and treated by the facility’s Physician, PA or APRN, the Chronological Progress note section shall be utilized to provide documentation for the Individual Health Care Record and EMR/EHR. The documentation shall include subjective findings, objective findings, the medical assessment of the youth, and the plan of care for treatment of the youth.

(g) Sick Call complaints shall be listed on The Sick Call Index form (HS 030) and maintained in the section reserved for the Core Health Profile in the Individual Health Care Record/EHR. The Sick Call Index (HS 030, April 2024) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17507.

(13) An aggregate Sick Call/Referral Log (HS 031) or electronically generated form must be utilized at each residential program. The Sick Call/Referral Log (HS 031, January 2024) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17508. The facility may utilize a form of their choice if the form includes all information required on the Sick Call/Referral Log.

(14) Detention facilities shall utilize the sick call log generated by the department’s electronic system.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 6-20-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.008 Periodic Evaluations

(1) A periodic evaluation and plan of care by a Physician, PA or APRN shall be conducted for youth in a facility who:

(a) Have at least one chronic medical condition, or

(b) Have a communicable disease, or

(2) Periodic evaluations shall be conducted, at a minimum, once every three (3) months except for situations of prescribed epinephrine auto injectors and OTC’s which can be evaluated and prescribed every 6 months in accordance with community standards.

(3) A periodic evaluation is required prior to renewing a prescription for a medication that has expired.

(4) Periodic evaluations for pregnant youth shall be conducted no less than every four weeks until the eighth month of pregnancy. Pregnant youth shall receive a periodic evaluation every two weeks in the eighth month, and weekly thereafter.

(5) Each facility shall have a method of scheduling and tracking periodic evaluations.

(6) Periodic evaluations conducted onsite shall be documented in the chronological progress notes in the Individual Health Care Record. The documentation shall include subjective findings, objective findings, the medical assessment of the youth, and the plan of care for treatment of the youth.

(7) Periodic evaluations conducted off-site shall be documented on the Summary of Off-Site Care Form (HS 033), and filed in the Individual Health Care Record in reverse chronological order, along with any records from the off-site provider and uploaded to the department’s EMR/EHR, where applicable. The Summary of Off-Site Care Form (HS 033, October 2006) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-03814.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.009 Episodic Care

(1) Medical issues that require immediate attention shall be determined by the DHA or physician designee.

(2) Any complaint of severe pain, including dental pain, shall be treated as an emergency with immediate referral to the onsite nursing staff, APRN, PA or Physician.

(3) Non-licensed staff shall immediately report any youth who appears incapacitated to their supervisor and the onsite health care staff.

(4) If a program utilizes a Licensed Practical Nurse (LPN) without the presence of a Registered Nurse onsite, then the LPN shall review all episodic or emergency cases daily, which is defined as seven days a week, including Holidays, (either electronically, telephonically or in person) with either the Registered Nurse or a higher licensure level health care staff.

(5) When licensed health care professional staff is not onsite, a designated non-licensed staff person shall contact the on-call licensed health care professional and/or access off-site services promptly.

(6) All staff members shall have access to contact Emergency Medical Services (EMS) by calling “911” immediately under any circumstances that require immediate medical attention or evaluation.

(7) Episodic care provided by a non-licensed staff person, or that requires off site care, must have a follow-up evaluation/assessment by a licensed health care professional the next time this person is on-site.

(8) The Designated Health Authority or physician designee shall be notified when a youth requires emergency transfer off-site for evaluation, treatment and/or hospitalization. The DHA/Designee shall perform a physician evaluation and review of records at the first available opportunity.

(9) Non-licensed staff members who provide first aid and/or emergency care are authorized to provide care only within their training and maintain required certifications as per Chapter 63H-3, F.A.C.

(10) First aid supplies shall be kept and maintained onsite as determined by the Designated Health Authority. First aid kits for vehicles shall be stored in a cool environment to protect contents from heat exposure and checked out prior to use of the vehicle to transport youth.

(11) All licensed health care professionals shall maintain, at a minimum, current certification in Basic Cardiopulmonary Resuscitation (with AED training, as applicable).

(12) Training records and proof of staff certifications shall be maintained per Chapter 63H-3, F.A.C.

(13) Emergency drills, both announced or unannounced, shall be conducted for each shift, on a quarterly basis at a minimum, and simulate an episodic care event that calls for immediate need of First Aid or administration of CPR techniques and the initiation of the emergency procedures to follow when a life-threatening emergency does occur. Documentation of these drills shall also be maintained per facility. CPR and AED techniques shall be demonstrated at least annually. All staff from all shifts with direct contact on a day-to-day basis must participate in at least one emergency drill annually which demonstrates CPR/AED.

(14) A list of emergency telephone numbers and cell-phone numbers must be posted or located accessible to all staff, on all shifts and be inaccessible to youth.

(15) Episodic care subsequent to a Protective Action Response (PAR) shall be conducted pursuant to 63H-3, F.A.C.

(16) All episodic care provided by licesnes healthcare staff shall be documented in SOAP format in the chronological progress notes in the Individual Health Care Record. Episodic care provided by non-licensed staff may be recorded on the Report of Onsite Health Care by Non-Health Care Staff Form (HS 049).

(17) All episodic care provided shall be documented on the Episodic (First Aid/Emergency) Care Log (HS 009, February 2024) The Episodic (First Aid/Emergency) Care Log is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17509. The facility may utilize a form of their choice if the form includes all information required on the Episodic (First Aid/Emergency) Care Log that is incorporated by reference into Chapter 63M-2, F.A.C.

(18) Routine or emergency care conducted off-site shall be documented on the Summary of Off-Site Care form (HS 033, October 2006), and filed in the Individual Health Care Record, in reverse chronological order along with any records from the off-site provider and uploaded to the department’s EMR/EHR where applicable.

(19) The staff member who notifies the Designated Health Authority of the episodic event shall document the notification in the chronological progress notes.

(20) PAR/RI Medical Review documentation is as follows:

(a) The Post-PAR/RI Medical Review shall be documented on a progress note in the youth’s Individual Health Care Record.

(b) If an off-site medical review is conducted, the relevant sections of the youth’s Individual Health Care Record and Medication Administration Record shall accompany the youth to the review as well as a Summary of Off-Site Care form indicating the type of examination needed. After the off-site medical review, the documents will then be placed in reverse chronological order in the designated section of the youth’s Individual Health Care Record.

(c) The facility Superintendent or Program Director shall have access to the medical Post-PAR/RI documentation for review.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.010 Girls Medical Services

(1) The Designated Health Authority or physician designee, PA or APRN shall be responsible for the management of appropriate girls’ medical and age-related health care and services in addition to routine medical care and services.

(2) Girls’ medical care shall include all of the following conditions:

(a) Gynecological and menstrual conditions, including STI testing and treatment;

(b) Contraceptive management;

(d) Lactation support for breastfeeding;

(e) Childbirth education, parenting skill education, family planning, infant care education;

(f) Anorexia, Bulimia, and additional specialized female adolescent complex medical conditions;

(g) Specialized nutritional management;

(h) Aftercare Planning;

(i) Education about girls’ health, hygiene and grooming needs.

(3) The Designated Health Authority or physician designee shall be responsible for the early identification of pregnancy and the medical management oversight of prenatal and postnatal care.

(4) All female youth shall be screened for pregnancy at the time of admission into a facility. This screening shall include any history of pre-existing medical conditions, medication therapy, alcohol use or substance abuse.

(5) Any female youth that identifies her menstrual cycle as more than two weeks late shall have a urine or blood pregnancy test performed with consent.

(6) Once a youth is identified as being pregnant, the Designated Health Authority or physician designee, PA or APRN shall be immediately notified and medication held until explicit instructions are given regarding continuation of the current medication regimen.

(7) The Designated Health Authority shall be notified and provided with screening information within twelve hours of determining a newly admitted youth is pregnant.

(8) Prenatal care shall be provided by an Obstetrician and/or Perinatologist once it is determined that the youth is pregnant. The Designated Health Authority shall collaborate with the Obstetrician and/or Perinatologist in the oversight and management of the youth’s pregnancy.

(9) If the pregnant youth is experiencing medical complications related to her pregnancy, the Designated Health Authority shall be immediately notified and medical care provided.

(10) All staff working in facilities and programs which serve girls shall be provided education and training on specific health care issues of the adolescent female. A licensed nurse shall provide in-service education on girls’ health care, at a minimum, on an annual basis to all non-licensed staff.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.021 Pharmacy Permits and Licenses

(1) All Detention and Residential Program facilities are required to obtain and maintain the appropriate Board of Pharmacy permits/licenses as per chapter 64B16-28, F.A.C. Each facility is responsible for complying with all federal and state laws, rules and regulations governing this permit practice.

(2) A Pharmacy and Therapeutics Committee (PTC) shall be established and meet at least quarterly in facilities as defined in Chapter 64B16-27, F.A.C., Standards of Practice – Continuous Quality Improvement Program.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.022 Verification and Procurement of Medications Prescribed Prior to Admission

(1) Facility and/or Program staff must continue all currently prescribed and verified medications to youth prior to entering the department’s custody.

(2) A duly licensed Physician, PA or APRN must make all changes in medication regimens subsequent to an appropriate assessment. Under no circumstances may staff in a facility discontinue an appropriately prescribed medication that the youth is receiving upon admission.

(3) Upon admission to a facility, the youth and parent or guardian/assigned custodian (if available), shall be interviewed about the youth’s current medications.

(4) Medication verification shall also take place during the completion of the Health-Related History, and/or the Comprehensive Physical Assessment.

(5) Only medications from a licensed pharmacy, with a current, patient-specific label intact on the original medication container may be accepted into a department facility.

(6) Medications may not be administered unless all of the following have been met:

(a) The youth reports that he or she is taking a prescribed oral medication;

(b) Either the youth or the parent/guardian/assigned custodian has brought the valid, patient-specific medication container to the facility, or can be verified by contacting the current provider or dispensing pharmacy;

(d) The medication is properly labeled.

(7) After medication verification, the Medication Receipt, Transfer, & Disposition Form (HS 053, October 2023) shall be completed, with copy of the form provided to the parent/guardian/assigned custodian (when parent/guardian/assigned custodian is available). The Medication Receipt, Transfer & Disposition Form (HS 053) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17512. The original form shall be a part of the Individual Health Care Record.

(8) Further medication verification requires DHA or physician designee, PA, or APRN notification and a medical evaluation of the youth completed, with documentation in the Chronological Progress Notes.

(9) A Practitioner’s Order from the DHA or Physician Designee, PA or APRN is required to resume the specified medications.

(10) Trained, non-licensed staff must verify the medications when youth are admitted to a facility and licensed nurses are not on duty.

(11) The Designated Health Authority or physician designee, PA or APRN shall be notified withing 24 hours when a youth with a medication has been admitted into the facility.

(12) Any contact made with the youth’s prescribing community practitioner(s) shall be documented on a chronological progress note and filed in the youth's Individual Health Care Record.

(13) Any medication that is not successfully verified will be destroyed and documented as such per Rule 63M-2.027, F.A.C., or returned to the parent/legal guardian/assigned custodian

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.023 Transfer of Youth’s Medications

(1) Medication Acceptance (to be utilized when youth is being transported):

For youth being transported through the Statewide Transportation and Relocation System there shall be, at a minimum, a 7-day supply of medications for transport to accompany the youth. A medication pack card shall be utilized when available for transport with the youth that includes the remaining doses of medication.

(2) When nursing staff are not on site, medication verification shall be completed by trained non-licensed staff for those youth who arrive from home for transport. This shall be completed by review of medication labels, determining last dose(s) provided, (by verifying with the parent/guardian/assigned custodian when available), and determining if medication is scheduled to be taken during the transport of the youth. The Non-Licensed Staff Medication Record (HS 054, September 2010) shall be utilized to document when the non-licensed staff delivers medication to the youth during transport. The Non-Licensed Staff Medication Record (HS 054, September 2010) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-03819.

(3) The residential commitment program shall provide a transport packet to detention center staff when a youth is delivered to the detention center for transport. The transport packet must include:

(a) Photo of youth;

(b) Face sheet;

(d) Parental Notification of Health Related Care: General;

(e) Medication (minimum 7 day supply);

(f) Medication Administration Record (current medication order when applicable);

(g) Suicide risk form/Mental Health Alert;

(h) Most recent Health Related History and Comprehensive Physical Assessment;

(i) Current Immunization record; and,

(j) Youth Transport Card (HS 055, September 2010), which is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-03820; and,

(k) The completed Medication Receipt, Transfer & Disposition Form (HS 053) for transfers from one Residential Commitment Program to another.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.024 Receipt and Storage of Medications

(1) All medications shall be identified and secured in the locked area designated for storage of medications.

(2) All medications received from youth and parent/guardian shall be labeled with the youth’s identifying information, and then secured in a designated area for medication storage. For controlled medications received from the youth, the perpetual inventory shall begin after receipt of the controlled medications.

(3) Prescription medications ordered from pharmacies shall be monitored to determine timely delivery.

(4) The prescribing practitioner, Designated Health Authority, physician designee, PA or APRN shall be notified when a prescribed medication has not been received from the pharmacy within 24 hours of the order request.

(5) Each facility shall have access to an alternate back-up pharmacy.

(6) All non-controlled medications (prescription and over-the counter) shall be stored in a separate, secure, locked area that is inaccessible to youth.

(7) All controlled substances, including narcotics, shall have a perpetual inventory and shall be kept in a medication storage area behind a double-lock system.

(8) Internal medications shall be stored separately from externally applied medications. Eye drops shall be stored in a separate plastic bag or container.

(9) Refrigerated medications shall be kept in a refrigerator for medications only. No food or specimens shall be stored in this refrigerator, unless utilized as an adjunct to medication administration. A daily refrigerator log shall be utilized for temperature documentation.

(10) Each youth’s medications shall be individually designated and clearly identified as belonging to a particular youth.

(11) Facilities that utilize stock prescription medications shall keep all records of the receipt of these medications for at least 2 years.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14.

Fla. Admin. Code R. 63M-2.025 Inventory and Storage of Sharps

(1) Sharps shall have a perpetual inventory, be securely stored and inventory checked weekly. A week is defined as a seven-day period beginning on Sunday and ending on Saturday.

(2) The Designated Health Authority and the facility superintendent or program director shall be notified when any discrepancies are found in the perpetual and/or weekly inventory counts.

(3) A working inventory shall be kept in the area where sharps are to be used.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.026 Inventory of Medications

Medication inventory shall include, at a minimum, the following components:

(1) A perpetual inventory with clear descriptions shall be maintained for all stock and over the counter medications with documented weekly checks by a licensed health care staff. A week is defined as a seven-day period beginning on Sunday and ending on Saturday.

(2) Controlled substances must be counted with a witness daily, which is defined as seven days a week, including Holidays. During shifts when a controlled substance is provided, the count must be completed prior to, and after, the administration/delivery of the medication. Shift-to-shift inventory counting of controlled substances shall be conducted under the supervision of a licensed nurse. Non-health care staff are allowed to assist the licensed nurse with conducting the count. Only when a licensed nurse is not onsite is the trained non-health care staff permitted to conduct the count without a licensed nurse. This process shall be included in the facility’s operating procedure regarding medication management. Each dosage and shift-to-shift inventory of a controlled substance administered to a youth, shall be documented on the youth’s Controlled Medication Inventory Record (HS 008). The completed Controlled Medication Inventory Record (HS 008) shall be filed in the youth’s Individual Health Care Record. The Controlled Medication Inventory Record (HS 008, May 2023) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17513. The facility may utilize a pre-printed pharmacy-controlled medication record if the form includes all information required on the Controlled Medication Inventory Record (HS 008).

(3) Reporting criteria and methods of managing and investigating inventory discrepancies, including unexplained losses of controlled substances. Facilities shall notify the appropriate department branch regional staff of the unexplained loss. The DHA or Physician Designee, and Superintendent or Program Director shall be notified immediately for any discrepancies with the daily controlled substance inventory count.

(4) Discontinued and abandoned controlled medications shall be counted until disposed. The youth’s Controlled Medication Inventory Record (HS 008) shall be attached to the record of medication disposal.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.027 Disposal of Medications

(1) The Designated Health Authority or physician designee shall be responsible for verifying the proper destruction and disposal of medications in accordance with chapter 64F-12, F.A.C.

(2) Each facility must perform the following:

(a) Inventory Accountability;

(b) Monitoring pharmaceutical expiration dates;

(d) Disposal of medications.

A licensed health care professional shall be responsible for the disposal of medications. Non-controlled medications for disposal shall be inventoried prior to disposal and disposed of in the presence of a witness. The witness shall be a licensed health care professional or facility supervisor or designee.
All DJJ facilities shall follow Federal Regulations (CFR) Section 1307.21; (CFR) Section 1910.2030) and the Florida Department of Environmental Protection for the disposal of medications and biohazardous waste.
When a Reverse Distributor is not utilized for medication disposal, controlled medications shall be disposed of according to the method determined by the facility’s Pharmacy and Therapeutics Committee.
Controlled medications shall be disposed of and destroyed beyond reclamation, per division 64B16, F.A.C, by a Pharmacist, Nursing staff, and administrator or designee.
All medication disposals shall be documented, and the documentation retained.

(3) Quarantined medications shall be destroyed at least monthly.

(4) Any non-expired pharmaceutical product subjected to improper storage conditions, contaminated in any way, or deemed to be unusable shall be destroyed.

(5) A youth’s parent or guardian shall be provided the prescription medications upon the youth’s release from the facility.

(6) Any medication remaining at the facility 30 days after the youth’s release shall be destroyed.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14.

Fla. Admin. Code R. 63M-2.030 Routine Medication Administration

(1) All prescription and OTC medications shall be administered by licensed nursing staff when they are on duty.

(2) Medication delivery, including the security and control of the medications shall be the sole responsibility of the licensed nursing staff during the administration of the medications and shall be delivered in a secure environment for the protection of the nurse or staff providing the medications.

(3) A prescription medication shall not be removed from its original prescription package and placed in another container until the time of medication administration for each youth.

(4) The same staff member shall prepare and administer/deliver the medications.

(5) The Five Rights of Medication Administration shall be verified during every medication delivery.

(6) Documentation of each individual dosage of medication administered to youth shall be maintained on the youth’s Medication Administration Record (MAR). The Medication Administration Record (HS 019, October 2006) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-03822. The facility may utilize their Pharmacy vendor pre-printed Medication Administration Record if the form includes all information required on the Medication Administration Record that is incorporated by reference into Chapter 63M-2, F.A.C.

(7) A separate MAR form shall be used for each month. The previous months’ MARs shall be filed in the youth’s Individual Health Care Record.

(8) The youth’s allergy and medical alert status shall be verified during every medication delivery.

(9) Prescription medication expiration dates shall be examined during each medication delivery. Outdated medications shall not be administered to a youth.

(10) The youth’s photograph shall be attached or adjacent to the current MAR and visible for medication administration.

(11) Each medication shall be listed once on each MAR page, utilizing as many MAR pages as necessary to list all of the prescribed medications.

(12) Prescription medications and directions for use shall be documented on the MAR exactly as on the prescription container.

(13) The licensed nurse shall be responsible for monitoring the medication delivery and reporting any discrepancies to the Superintendent or Program Director and DHA or physician designee.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.031 Youth Self-Administration of Oral Medication Assisted by Trained Non-Licensed Staff

(1) Pursuant to chapter 64B9-14, F.A.C. (Delegation to Unlicensed Assistive Personnel), a Registered Nurse may delegate non-licensed trained staff (the Unlicensed Assistive Personnel) to serve as assistant to the Registered Nurse or Licensed Practical Nurse with the youth’s self-administration of medication(s).

(2) Non-licensed staff shall provide medications to youth for self-administration only when there is no licensed health care professional staff onsite.

(3) Each facility shall implement training of non-licensed staff members and validation of his or her ability to assist with the delivery, supervision, and oversight of the youth’s self-administration of medication.

(4) Training of non-licensed staff to assist youth with self-administration of oral medications shall only be conducted by a Registered Nurse or higher licensure level. A Registered Nurse or higher licensure level shall determine the trained non-licensed staff member’s competency.

(5) The Registered Nurse that completed the training must supervise the trained staff member, at a minimum annually, by performing direct observation of skills, inspecting the Medication Administration Record(s) and the required documentation assigned to the staff member. In the event, the Registered Nurse that completed the training is no longer employed by the facility, the staff member must be re-trained by another Registered Nurse that shall determine the staff member’s competency and perform direct observation of skills and inspection of the MAR and required documentation, at a minimum, annually.

(6) The non-licensed staff member assisting youth with self-administration of medications shall not perform any additional facility duties during medication delivery.

(7) The non-licensed staff member shall assist youth with self-administration of medication within one hour of the scheduled time of the ordered medication.

(8) Self-administration of medications by non-licensed staff shall include, at a minimum, the following:

(a) Assist no more than one youth at a time with medication;

(b) Wash his or her hands prior to medication delivery;

(d) Maintain control of the medication container at all times;

(e) Direct the individual youth to approach the area for medication administration when called;

(f) Compare the youth with the photograph attached to the MAR and confirm the youth’s identity verbally;

(g) The youth and staff member together identify and verify the medication the youth is to take by checking the label and comparing the label to the Medication Administration Record. The staff member shall not permit youth to take any medication that has a discrepancy between the medication prescription label and the MAR.

(h) Confirm the allergy status of the youth.

(i) Remove the medication from the container while the youth observes and hand the youth the exact amount of ordered medication. When the medication is a liquid, the staff member shall pour the exact volume of liquid ordered into a measured container and hand it to the youth.

(j) Shall directly observe that the youth actually swallows the medication.

(k) Both the youth and the staff member shall initial that the dosage was given.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.032 Youth Refusal of Medication

(1) A youth’s refusal to take a dosage of a prescribed medication shall be documented in the Individual Health Care Record, in addition to “R” for Refusal (as indicated on the MAR form).

(2) The staff shall initial the MAR indicating refusal of medication. The youth shall sign the Refusal of Treatment Form (HS 027). If the youth refuses to sign, a witness shall sign, as indicated on the form. The Refusal of Treatment Form (HS 027, April 2024) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17515.

(3) A youth’s refusal of three consecutive dosages of a prescribed medication excluding injectables requires notification to the DHA or prescribing Physician.

(4) A youth’s refusal of prescribed injectable medications requires immediate notification to the DHA, physician designee or the prescribing psychiatric practitioner.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.033 Youth Hoarding of Medication and Swallowing Difficulties

(1) The licensed nurse or non-licensed staff assisting with medication delivery shall verify whether a youth has swallowed his/her medications.

(2) Licensed health care professional staff shall notify the DHA/Psychiatrist when a youth is found to be “cheeking” or not swallowing his or her medication(s).

(3) A practitioner’s order or general authorization must be provided by the Designated Health Authority or physician designee for a youth’s medications to be crushed and sprinkled or mixed with food.

(4) Licensed Health Care professional staff is responsible for notifying the Designated Health Authority or physician designee, PA or APRN of a youth with swallowing difficulties or developmental disabilities, to obtain an order for an alternate method of providing oral medications. The alternate method shall be noted on the MAR.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.034 Administration of Parenteral Medications

(1) Non-licensed staff shall not administer parenteral medications, or routinely administer any medication that is injected subcutaneously, intradermally, intramuscularly or intravenously.

(2) A non-licensed staff person may administer a percutaneous injection of a pre-packaged medication to a youth to prevent or treat an allergic reaction. The staff member must be trained by a licensed medical professional with a licensure of RN or above in the use of this product to be permitted to administer the medication.

(3) Self-administration of parenteral medication by the youth shall only be under the supervision of the licensed health care professional who has control of the vial of medication. The Designated Health Authority shall approve all procedures for self-administration under these circumstances with a practitioner order.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.035 Medication Evaluations and Serum Drug Level Monitoring

(1) The Designated Health Authority or physician designee, PA or APRN, or psychiatrist is responsible for ordering the appropriate laboratory testing, including serum drug testing, for medications prescribed prior to a youth entering a DJJ facility.

(2) Licensed health care professional staff is responsible for scheduling follow-up visits with the youth’s prescribing practitioner for monitoring, laboratory testing and review of the results.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14.

Fla. Admin. Code R. 63M-2.036 Adverse Drug Events and Medication Errors

(1) All youth shall be monitored routinely for adverse drug events, and potential adverse drug events, including medication errors.

(2) Nursing and facility staff shall be notified of potential adverse drug effects and drug interactions through the Medical Alert system.

(3) Licensed health care professional staff shall monitor each youth daily, prior to administering medications, for potential medication side effects.

(4) Licensed health care professional staff shall document side effect monitoring on the MAR on at least a weekly basis.

(5) Each facility shall monitor and identify all medication errors.

(6) The Designated Health Authority or physician designee, and the facility superintendent or Program Director shall review the medication error reports at least every two weeks. These findings shall be reviewed and summarized during the quarterly Pharmacy and Therapeutics Committee CQI meetings as per Chapter 64B16-27, F.A.C.

(7) The Designated Health Authority and Superintendent or Program Director shall review the Corrective Action Plan and analysis of the causative events pertaining to a medication error to determine any existing trends.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.037 Education of Youth with Chronic Medical Conditions and Prescribed Medications

(1) All youth with a diagnosed chronic medical condition who are prescribed medications shall receive instructions and education related to those chronic medical conditions and prescribed medications.

(2) Education for a youth by an onsite licensed health care professional shall be recorded in the Individual Health Care Record.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.040 Environmental and Exercise Precautions

(1) All facilities shall address medical risks and complications associated with elevated heat index, exercise tolerance, and cold exposure.

(2) Facility staff shall instruct youth who are in distress during any type of activity to immediately stop the activity. The staff must notify health care personnel, or call “911” and assist the youth until emergency response arrival.

(3) The Designated Health Authority or physician designee, PA or APRN shall determine whether the facility’s full exercise regimen is appropriate for a youth with a chronic medical condition.

(4) No postpartum female shall participate in physical exercise until six (6) weeks postpartum with clearance by the youth’s OB/GYN or Nurse Midwife.

(5) All physical activity restrictions or limitations shall be communicated in writing to the facility Superintendent or Program Director.

(6) All facilities shall provide youth with periodic rest intervals and access to water and/or electrolyte replacement fluid during exercise.

(7) The Designated Health Authority or Physician designee, PA or APRN shall inform the Superintendent or Program Director of youth who may be medically compromised by adverse environmental and exercise conditions.

(8) Anytime the health care staff determines that the health or physical safety of a youth has been compromised or is potentially compromised, they shall remove the youth from all physical activities without prior approval from program staff.

(9) Licensed health care professional staff shall intervene anytime a youth is in pain and unable to participate in physical activities.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.050 Infection Control ‒ Regulations and Training

(1) All facilities shall conduct surveillance, screening and management of specific illnesses or potential infectious conditions.

(2) Each facility must develop and administer a comprehensive program of education and prevention regarding blood borne pathogens.

(3) An Exposure Control Plan shall be written.

(4) The elements of the Exposure Control Plan contain, at a minimum, the following:

(a) Risk Assessment; and,

(b) Methods of Compliance.

(5) The Exposure Control Plan shall be kept on the premises of each facility and shall be made accessible to all employees.

(6) Each facility shall conduct training regarding the Exposure Control Plan, to include the prevention of transmission of blood-borne pathogens within 90 days of hiring of staff and annually thereafter. A record of the training shall be kept in the employee personnel file.

(7) All youth shall receive infection control training, to include the prevention of blood-borne pathogens, within seven days of admission into the Juvenile Detention/Residential system. The youth training shall be documented in the Individual Health Care Record.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.051 Needle Stick Injuries/Exposure

(1) All facilities shall establish needle stick post-exposure intervention and treatment.

(2) If an exposure meets criteria for post-exposure treatment, the post-exposure chemoprophylaxis (PEP) must be offered and initiated immediately after the exposure.

(3) For a youth or staff exposure to bodily fluids or exposure to another person’s blood, the Superintendent or Program Director shall arrange for a confidential medical evaluation and a follow-up post-exposure analysis and counseling as required by the OSHA Standard 29CFR 1910.1030.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14.

Fla. Admin. Code R. 63M-2.052 HIV Counseling and Testing

(1) All youth determined at risk for HIV infection shall be offered counseling, testing, and referral for medical treatment as indicated.

(2) The facility shall provide or facilitate HIV counseling and testing according to Chapter 65D-2, F.A.C. and pursuant to section 381.004, F.S. If the facility cannot provide the counseling and testing, the facility shall collaborate with the local County Health Department or other community providers for these services.

(3) Pursuant to Chapter 381, F.S., any test for the detection of HIV requires informed consent from the individual being tested. The youth’s consent may be obtained and recorded on the Human Immunodeficiency (HIV) Antibody Youth Consent form (HS 015, May 2023) which is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17516.

(4) Parental notification of a youth’s HIV testing without the youth’s permission is prohibited per Chapter 381, F.S.

(5) HIV test results shall be disclosed only to the youth and the entities identified pursuant to Chapter 381, F.S.

(6) Requested HIV testing shall be completed within 30 days of the request or by the next available testing, whichever comes first for all youth with identified risk factors.

(7) HIV results shall be filed/documented in the Individual Health Care Record and uploaded where available, to the departments EMR/EHR indicating confidential information.

(8) Youth who are HIV positive shall have an initial evaluation by a physician (if not previously obtained) who specializes in the management of infectious diseases in adolescents and children.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.053 Lice (Pediculosis) and Scabies

(1) All facilities shall conduct evaluation, identification, treatment, and containment of pediculosis (lice) or mites (scabies), including product-specific treatment and environmental control practices.

(2) Treatment protocols and facility procedures shall be developed and approved by the Designated Health Authority regarding lice and scabies.

(3) Orders and/or plans of care for multiple youth provided by a County Health Department may be substituted for facility procedures during a lice or scabies outbreak or to reduce the possibility of an outbreak.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14.

Fla. Admin. Code R. 63M-2.054 Methicillin Resistant Staphylococcus Aureus (MRSA)

(1) Each facility’s DHA or designee shall be responsible for infection control requirements in accordance with the CDC for the identification, evaluation, treatment and containment of Methicillin-Resistant Staphylococcus Aureus (MRSA).

(2) Youth with open skin infections shall be referred to the DHA, or designee, PA or APRN for a medical evaluation.

(3) A MRSA infection shall be considered in the differential diagnosis of all youth presenting with skin and soft tissue infections consistent with a staphylococcal infection.

(4) The DHA or designee or PA or APRN shall determine the necessity for wound incision and drainage, use of warm compresses, and the need for antibiotic therapy.

(5) The DHA shall re-evaluate a youth at least one week after completion of antibiotic therapy for recurrent skin lesions and/or wound assessment to determine the need for further re-culture and treatment.

(6) Standard Precautions and/or Contact Precautions shall be used for all care for the prevention of cross-contamination of infection.

(7) Each facility shall implement environmental sanitation for maintaining infection control and preventing the spread of MRSA infection to others.

(8) Any youth with a skin infection shall receive infection control education that includes prevention and cross-contamination of infection.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14.

Fla. Admin. Code R. 63M-2.055 Health Department Reporting of Infectious Disease

(1) Any infectious disease outbreak shall be investigated and reported to the local County Health Department. The index case (youth) shall be interviewed as a part of the investigation.

(2) The Designated Health Authority or Designee, PA or APRN shall verify that information about communicable diseases has been provided to the Superintendent or Program Director.

(3) Facilities that have three or more cases of any infectious disease shall report these cases, as required, to the local county health department.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14.

Fla. Admin. Code R. 63M-2.061 Record Documentation, Development and Maintenance

(1) All Individual Health Care Records shall remain confidential.

(2) The Individual Health Care Record consists of two sections:

(a) Section 1: Core Health Profile; and,

(b) Section 2: Interdisciplinary Health Record. The Interdisciplinary Health Record contains the additional subsections of the Individual Health Care Record that include the current Practitioners orders and Chronological Progress Notes, historical medical documentation, and treatment records and documents of ancillary care.

(3) A youth’s official case file shall include all health care records along with the management file at the time of release/discharge or transfer pursuant to Chapter 63E-7, F.A.C.

(4) All handwritten documentation in the Individual Health Care Record shall be recorded legibly in blue or black ink. No correction fluid or erasure will be used in the IHCR. Corrections shall be made by crossing through with a single line and the deleted section initialed. The department’s Electronic Medical Record shall be used where available. All hand-written records shall also be uploaded to the EMR/EHR where available.

(5) Health care documents shall be filed in reverse chronological order. All chronological progress notes shall be in SOAP note format, or at a minimum, narrative format that includes all components of the SOAP note format. Incidental notes shall be used where there is no patient contact and in narrative format.

(6) Each detention center shall be responsible for the initial development of a youth’s Individual Health Care Record when a youth is admitted to the facility, unless all of the following criteria are met:

(a) Has no known health problems, is receiving no prescribed medications and denies health problems during the Facility Entry Physical Health Screening; and,

(b) Experiences no health care problems or concerns during the detention stay and receives no health-related screenings or evaluations other than the initial Facility Entry Physical Health Screening; and,

(c) Is released from detention with no charges pending and/or is released on community control or other form of non-residential departmental supervision; and,

(d) Has been in the custody of the detention center no longer than 3 days; and is not committed to the department for residential placement.

(7) When a youth is admitted to a residential commitment program and has not had an Individual Health Care Record initiated, the receiving residential commitment program shall be responsible for obtaining the Health-Related History (HRH) and Comprehensive Physical Assessment (CPA) from the Juvenile Probation Officer (JPO).

(8) The youth’s JPO is responsible for ensuring that the youth receives his/her HRH and CPA prior to placement in a residential program.

(9) All documents contained in the Individual Health Care Record shall become a permanent part of the youth’s record.

(10) Each facility/center shall maintain an Individual Health Care Record for each youth.

(11) The IHCR shall be maintained intact with the original documentation except:

(a) When off-site providers retain the original notes in their files;

(b) When the original form has otherwise been lost.

In these situations, original, clean, legible copies are acceptable and shall be retained in the record as if they were the originals.

(12) The entire IHCR shall be transported with the youth between department facilities.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.062 Core Health Profile

The Core Health Profile shall include the following forms and be organized in the order in which the forms are listed below:

(1) Personal and Health-Related Information (HS 023, January 2024), which is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17517;

(2) Problem List (HS 026);

(3) The Authority for Evaluation and Treatment (AET) (HS 002);

(4) Parental Notification of Health-Related Care (HS 020), (HS 021), (HS 022);

(5) The Sick Call Index (HS 030);

(6) The Immunization Tracking Record (HS 016, October 2006), or the Immunization Record as per the Florida State Health Online Tracking System (Florida SHOTS) through the Department of Health Bureau of Immunization, as authorized by Chapter 381, F.S. The Immunization Tracking Record (HS 016, October 2006), is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-03827;

(7) Facility Entry Physical Health Screening (HS 010) for residential or the Medical and Mental Health Screening form for detention;

(8) Health-Related History (HRH) (HS 014);

(9) Comprehensive Physical Assessment (CPA) (HS 007);

(10) Infectious and Communicable Disease Form (HS 018); and,

(11) Health Education Record (HS 013).

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.063 Interdisciplinary Health Record

This section of the IHCR shall include the forms listed below and organized in this order:

(1) Practitioner’s Orders;

(2) Chronological Progress Notes includes but not limited to: all health encounters (sick call, episodic and emergency care, report of health care by non-health care staff, chronological progress notes for nursing and practitioners as well as incidental notes in reverse chronological order);

(3) Summary of Off-Site Care (HS 033);

(4) Medication Administration Record(s) (MAR) (HS 019);

(5) Prior Medical/Physical Assessments and Histories;

(6) Prior Facility Entry Physical Health Screenings;

(7) Laboratory Tests;

(8) Radiological Tests;

(9) Mental Health/Behavioral Health Care; and,

(10) Dental Care and consents for dental care.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.064 Storage, Security and Control of the Individual Health Care Record

(1) The Individual Health Care Records shall be stored separately from other files that contain non-health-related records and notes. The storage area must be locked and inaccessible to youth.

(2) Only licensed health care professionals or facility/provider/departmental staff delegated with authority to assist youth with off-site medical care, medication management, etc., shall have access to Individual Health Care Records.

(3) The Designated Health Authority or physician designee, Facility Superintendent, or Program Director shall provide delegated access to Individual Health Care Records.

(4) Health records and health information will not be stored in an individual’s desk.

(5) All health records will be returned to the health record storage area when not in use.

(6) Health records shall never be left outside of the clinic area unattended and unsecured.

(7) All documents shall be filed in the IHCR as soon as possible after a service is rendered.

(8) The health records of transferred youth shall be opened upon arrival at the receiving facility for review by health care staff.

(9) Any health-related material requested by any of the Offices or Branches in the department shall be made available to the requesting entity in a timely manner.

(10) Parents or legal guardians have the right to request and review copies of the Individual Health Care Records for their child, utilizing the process for Public Records requests, with the following exceptions:

(a) Psychotherapy Notes;

(b) Statutorily protected information.

(c) If there is any question, the office or area receiving the request shall refer the issue to the General Counsel’s Office.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.070 Health Education

(1) Health education programs shall pertain to health issues of adolescents. These topics shall include, at a minimum, the following, and shall be completed prior to or in conjunction with the HRH or review of the HRH:

(a) Seat belt usage;

(b) Alcohol and drug related problems;

(d) Sexually Transmitted Disease/Infections;

(e) Tobacco products, including smoking cessation;

(f) Dental hygiene and dental care;

(g) Basic Personal Hygiene;

(h) Review of immunizations;

(i) Infection control;

(j) Prevention of sexual and other physical violence;

(k) Nutrition;

(l) Physical fitness;

(m) Breast and testicular self-examinations;

(n) Parenting skills;

(o) Prenatal, postpartum and parenting education as applicable.

(2) Documentation of health education shall be made on the Health Education Record (HS 013) or the Chronological Progress Notes. The Health Education Record (HS 013, October 2023) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17518.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.081 Youth Release to the Community from a Residential Commitment Program

(1) The assigned JPO, facility nursing staff, and the facility case manager shall work together to ensure that all medical information requiring parental follow-up is communicated to the responsible parent/guardian/assigned custodian prior to the youth’s exit from the facility.

(2) The youth’s Juvenile Probation Officer, parent/guardian/assigned custodian, the facility case manager and conditional release provider as applicable shall be notified regarding pending or unresolved health care issues upon the youth’s release to the community.

(3) For youth who will not be in the physical custody of the department, the parent or guardian/assigned custodian is responsible for arranging the youth’s health care services upon release.

(4) Transitional health care planning shall begin within 45-60 days prior to the youth’s anticipated release to the community from a residential commitment program.

(5) A Parental Notification of Health-Related Care form (HS 020) shall be sent in advance to the parent or guardian/assigned custodian by the facility with any information on upcoming appointments.

(6) Fourteen (14) days prior to discharge, the residential commitment program shall again review the need for any upcoming appointments and notify the parent or guardian/assigned custodian.

(7) Final medical follow-up information shall be provided to the parent or guardian/assigned custodian on the Health Discharge Summary Transfer Note (HS 012, March 2024) when the youth is released. The Health Discharge Summary Transfer Note (HS 012, March 2024) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17519.

(8) Medical conditions reportable as per state regulations require instructions to the youth and parent for medical follow-up with the local county health department.

(9) Efforts to make medical appointments with community providers shall be documented in the Individual Health Care Record by the facility releasing the youth.

(10) Specific instructions given to the youth about follow-up health care shall be noted in the Health Education Record (HS 013).

(11) The youth’s medication shall be provided to the youth’s parent or guardian/assigned custodian at the time of release from the program. The medication must be in an individually labeled, youth-specific, prescription container generated by a pharmacy vendor.

(12) Prescription medications shall not be released solely to the youth unless the youth is at least 18 years of age or legally emancipated.

(13) Verification of the parents or guardian/assigned custodian’s acceptance of the youth’s medication shall be documented in the Individual Health Care Record utilizing the Medication Receipt, Transfer, and Disposition (Discharge) form (HS 053).

(14) The youth’s parent or guardian/assigned custodian shall be provided with a 30-day prescription from the facility DHA/designee or Psychiatrist/designee for any medication(s) that a youth will continue after release.

(15) The prescription copy shall be placed in the youth’s Individual Health Care Record.

(16) When required, a DNA specimen shall be obtained as per section 943.325, F.S., using the FDLE kit prior to the youth’s release into the community.

(17) A summary of health-related needs shall be included in the residential program’s exit conference for the youth.

(18) Statutorily protected health-related information shall not be provided to parents unless the youth has given permission.

(19) The Individual Health Care Record and Case Management File comprise the youth’s official file, and are to be stored together.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.082 Transfer from a Detention Center or Residential Commitment Program

(1) All health care services being rendered to the youth shall be continued and communicated to the receiving program.

(2) Upon transfer to another detention center or residential commitment program, the youth shall be informed of current health care needs and required medical follow-up.

(3) Duplication of screenings, risk assessments, and laboratory tests at the receiving detention or residential commitment facility, shall be avoided unless clinically indicated, with the exception of the Medical and Mental Health Admission Screening in detention or the Facility Entry Physical Health Screening (HS 010) in the residential commitment program.

(4) Youth transferred between detention centers or to a residential program shall have the following documents accompany them on the transport:

(a) Entire paper version of the Individual Health Care Record

(b) Youth Transport Card (HS 055)

(d) If medications are prescribed, the Medication Receipt, Transfer, & Disposition (Discharge) form (HS 053)

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.

Fla. Admin. Code R. 63M-2.090 Facility-Based Community Services

(1) This rule section applies to programs operated or contracted by the department that provide greater than four (4) hours of continuous care for youth. The minimal requirements of this rule section do not supplant the more extensive requirements of this rule chapter that apply to youths who are residentially-committed or detained. The parent(s) or legal guardian of youth in facility-based community corrections programs are responsible for their child’s health services.

(2) Each facility-based community program shall have in place procedures for the provision of medical care for youth in need of health care services while youth are physically present at the program. These procedures include:

(a) Medical/Physical intake screening: Each facility shall develop a health screening process at the time of admission. Staff shall interview the youth using either the DJJ Facility Entry Physical Health Screening form (HS 010), or their own screening form which, at minimum, screens for acute illness/injury and chronic health conditions that may require attention while physically present at the program (e.g., diabetes, pregnancy, heart conditions, asthma, Crohn’s disease, food and environmental allergies). Where there is question or concern related to a youth’s medical condition, the parent(s)/legal guardian shall be contacted. The department’s Problem List (HS 026) shall document any identified chronic health condition(s) and shall be maintained in the youth’s confidential case file.

(b) Non-emergency care: Each program shall have at least one first aid kit that shall be secured in a designated location inaccessible to youth. For youth experiencing non-life-threatening illness or injury that requires medical attention beyond first aid, the program shall have appropriate transportation in the event the youth’s parent(s) or legal guardian are not available to provide transportation. Non-licensed staff members who provide first aid or emergency care shall maintain required certifications as per chapter 63H-2, F.A.C., and are authorized to provide care only within their training. Any complaint of severe pain, including dental pain, shall be treated as an emergency, with immediate referral by contacting the parent(s) or legal guardian, or through access to emergency medical care. Documentation of referral or of onsite first aid shall be maintained in the youth’s confidential case file.

(c) Emergency care: When care is needed beyond onsite first aid, staff shall refer the youth to outside medical services. Signs and symptoms of the need for emergent, off-site care include, but are not limited to, tremors, severe sweating, injury, physical illness, distress, difficulty moving, intoxication, fainting or unresponsiveness. All staff shall have immediate access to contact Emergency Medical Services (EMS) by calling “911” under any circumstances that require immediate medical attention or evaluation. Drills shall be conducted as follows to ensure access to emergency care:

Emergency drills, both announced and unannounced, shall be conducted for each shift, on at least a quarterly basis. The drills shall simulate an episodic care event calling for immediate first aid or the administration of CPR techniques, and the initiation of emergency procedures to follow when a life-threatening emergency occurs. CPR and AED techniques shall be demonstrated at least annually. All staff from all shifts who have direct contact with youth must participate in at least one emergency CPR drill annually.
Documentation of drills shall be maintained by the facility.

(d) Medication management: When a youth is currently prescribed a medication that may be required to be provided while the youth is onsite, the program shall verify the prescription and obtain consent to provide the medication. The parent(s) or legal guardian is responsible for supplying the youth’s medication. Facility staff are responsible for ensuring any prescribed medications are obtained from the parent(s) or legal guardian. Pursuant to chapter 64B9-14, F.A.C., (Delegation to Unlicensed Assistive Personnel), a Registered Nurse may delegate non-licensed trained staff to assist the Registered Nurse or Licensed Practical Nurse with the youth’s self-administration of medication(s).

Facilities may utilize non-licensed staff to provide medications to youth for self-administration only when there is no licensed health care professional staff onsite, and only as authorized by chapter 64B9-14, F.A.C.
Training of non-licensed staff to assist youth with self-administration of oral medications shall only be conducted by a Registered Nurse or higher licensure level.
The Registered Nurse must supervise the trained staff member by periodically performing direct observation of skills, inspecting the Medication Administration Record(s)/Medication Distribution Log (MAR/MDL) and the required documentation assigned to the staff member.
All medications shall have the pharmacy label with the youth’s identifying information and directions for the medication. The medication shall be secured in an area designated for medication storage.
Information and directions from the prescription bottle shall be transferred to the MDL/MAR. If directions are unclear, the pharmacy will be contacted for clarification.
The non-licensed staff member assisting youth with self-administration of medications shall not perform any additional facility duties during medication delivery.
The non-licensed staff member shall assist youth with self-administration of medication within one hour of the scheduled time of the ordered medication.
Self-administration of medications by non-licensed staff shall include, at a minimum, the following:

a. Assist no more than one youth at a time with medication;

b. Wash his or her hands prior to medication delivery;

c. Remove the prescription container from the storage area, holding the container;

d. Maintain control of the medication container at all times;

e. Direct the individual youth to approach the area for medication administration when called;

f. Compare the youth with the photograph attached to the MAR/MDL and confirm the youth’s identity verbally;

g. The youth and staff member together identify and verify the medication the youth is to take by checking the label and comparing the label to the MAR/MDL. The staff member shall not permit youth to take any medication that has a discrepancy between the medication prescription label and the MAR/MDL;

h. Confirm the allergy status of the youth as described in paragraph (2)(a) and ask whether the youth is experiencing any of the side effects or adverse reactions indicated by the manufacturer;

i. Remove the medication from the container while the youth observes, and hand the youth the exact amount of ordered medication. When the medication is a liquid, the staff member shall pour the exact volume of liquid ordered into a measured container and hand it to the youth;

j. Directly observe that the youth swallows the medication; and

k. Both the youth and the staff member shall initial that the dosage was provided on the MAR/MDL.

The facility shall maintain a medication inventory process which shall include, at a minimum, the following components:

a. A perpetual and shift-to-shift inventory of all controlled substances.

b. A weekly accounting of the stored prescription and non-prescription medications.

c. Reporting criteria and methods of managing and investigating inventory discrepancies, including unexplained losses of controlled substances. Facilities shall notify the appropriate department branch regional staff of the unexplained loss.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-7-19.

Fla. Admin. Code R. 63M-2.083 Youth Released to the Community from Secure Detention

(1) The assigned JPO and detention center nursing staff shall work together to ensure that all medical information requiring parental follow-up is communicated to the responsible parent/legal guardian/assigned custodian prior to the youth’s release from the facility.

(2) Statutorily protected health-related information shall not be provided to parents unless the youth has given permission.

(3) Medical conditions reportable as per state regulations require instructions to the youth and parent for medical follow-up with the local county health department.

(4) Efforts to make medical appointments with community providers shall be documented in the Individual Health Care Record and communicated to the parent/legal guardian/assigned custodian.

(5) The youth’s parent or guardian/assigned custodian shall be provided with the remainder of any home medications brought into the detention center on admission that a youth will continue after release. If new medications have been prescribed during the youth’s stay in detention or previously prescribed medication doses have been changed, provider medical staff will ensure that the youth’s medication is released to the parent/legal guardian/assigned custodian or arrangements are made to provide a prescription for those medications upon release. The youth’s parent or guardian/assigned custodian shall be provided with a 30-day prescription from the facility DHA/designee or Psychiatrist/designee for any medication(s) that a youth will continue after release. Medication obtained from a pharmacy vendor during the youth’s admission to secure detention must be in an individually labeled, youth-specific, prescription container.

(6) Final medical follow-up information shall be provided to the parent or legal guardian/assigned custodian on the Health Discharge Summary Transfer Note (HS 012) when the youth is released. Verification of the parents or guardian/assigned custodian’s acceptance of the youth’s medication shall be documented in the Individual Health Care Record utilizing the Medication Receipt, Transfer, and Disposition (Discharge) form (HS 053).

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.145, 985.18, 985.64(2) FS. History–New 2-5-25.

Division 63N Mental Health/Substance Abuse/Developmental Disability Services

Chapter 63N-1 Service Delivery

Fla. Admin. Code R. 63N-1.001 Purpose and Scope

The Rule establishes the requirements for delivery of mental health, substance abuse and Developmental Disability services in Department of Juvenile Justice (DJJ) facilities and programs. The rule applies to Juvenile Assessment Centers, Detention Centers, residential commitment programs and day treatment programs operated by, or under contract with, the Department of Juvenile Justice.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.002 Definitions

(1) “Active Mental Health/Substance Abuse Treatment File” ‒ A temporary file maintained in a designated area of the DJJ facility or program which contains mental health and substance abuse information collected during the course of a youth’s ongoing mental health or substance abuse treatment in the facility or program.

(2) “Acute Emotional or Psychological Distress” means the rapid onset of an intense mental state of arousal, unrest and/or disorganization which is often accompanied by an intense sense of being unable to cope with or control the mental state and associated behavioral response. Examples include extreme anxiety, fear, panic, paranoia, impulsivity, agitation or rage.

(3) “Assessment of Suicide Risk” ‒ An evaluation of a youth’s Suicide Risk Factors or Suicide Risk Behaviors to determine whether the youth is a Potential Suicide Risk and the level of risk. The form MHSA 004 documents Assessment of Suicide Risk conducted in a DJJ facility or program.

(4) “At Risk” – Within this Rule, means factors or behaviors which indicate suicidal tendencies, Suicide Risk Factors or Suicide Risk Behaviors.

(5) “Authority for Evaluation and Treatment” – Form HS 002, that when signed by a parent or legal guardian, gives the Department the authority to assume responsibility for the provision of routine mental and physical healthcare to a youth within its physical custody.

(6) “Baker Act” ‒ Within this rule, the term Baker Act refers to Section 394.451, F.S., covering involuntary mental health examination and placement for persons with mental illness.

(7) “Behavior Analysis Services” – Within this rule, means the use of scientific methods derived from behavioral science specifically to increase skill acquisition, reduce problematic behavior and improve socially significant behaviors.

(8) “Board Certified Behavior Analyst” – A person who has obtained certification by the Behavior Analyst Certification Board Inc.

(9) “Certified Addiction Professional” ‒ A person who is certified through a Department of Children and Families recognized certification process for substance abuse treatment services pursuant to Chapter 397, F.S., and Chapter 65D-30, F.A.C.

(10) “Certified Behavior Analyst” – A person who is certified as a behavior analyst by the Agency for Persons with Disabilities pursuant to Chapter 393, F.S., and Chapter 65G-4, F.A.C.

(11) “Clinical Coordinator” – A Licensed Mental Health Professional or a non-licensed Mental Health Clinical Staff Person who has received training specifically in mental health and substance abuse services coordination, and who is responsible for coordinating and verifying implementation of Necessary and Appropriate Mental Health and Substance Abuse Treatment Services in the facility or program where they have been named coordinator.

(12) “Clinical Mental Health and Substance Abuse Screening” – The preliminary appraisal of a youth conducted by a Licensed Mental Health Professional or a Licensed Qualified Professional utilizing validated and reliable mental health screening instruments to determine the presence of a mental health or substance abuse problem, substantiate that the youth is positive in respect to some mental health or substance abuse factor and to identify the need for in-depth mental health or substance abuse evaluation.

(13) “Close Supervision” – The observation by a staff member assigned to monitor a youth at intervals not to exceed five minutes throughout the youth’s stay in his/her room and/or sleeping area. Visual checks must be made of the youth’s condition (i.e., outward appearance, behavior, position in the room) at intervals not to exceed five minutes.

(14) “Comprehensive Assessment” – The assessment defined in Rule 63D-8.001, F.A.C.

(15) “Comprehensive Mental Health Evaluation” – An in-depth assessment conducted by a Licensed Mental Health Professional or a non-licensed Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional to determine the presence of, or nature and complexity of, a Mental Disorder.

(16) “Comprehensive Substance Abuse Evaluation” – An in-depth assessment conducted by a Licensed Qualified Professional or a Substance Abuse Clinical Staff Person to determine the presence of, or nature and complexity of, a substance related disorder.

(17) “Constant Supervision” – The continuous and uninterrupted observation of a youth by a staff member assigned to monitor the youth who has a clear and unobstructed view of the youth, and unobstructed sound monitoring of the youth at all times.

(18) “CORE” – The department’s computer-based training system.

(19) “Crisis” – Within this rule means a state of Acute Emotional or Psychological Distress associated with a distressing event, situation or turning point in a youth’s life.

(20) “Crisis Assessment” – A detailed evaluation of a youth presenting Acute Emotional or Psychological Distress which is extreme and does not respond to ordinary intervention conducted by a Licensed Mental Health Professional or a non-licensed Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional to determine the severity of his/her distressing symptoms, level of risk to self or others and recommendations for treatment and follow-up.

(21) “Detention Center” – A facility operated or contracted by the department for the temporary care of youth, pending adjudication, disposition, or placement.

(22) “Designated Mental Health Clinician Authority” – A Licensed Mental Health Professional who, through employment or contract, is responsible for ensuring appropriate coordination and implementation of mental health and substance abuse services in a departmental facility or program.

(23) “Developmental Disability” – A term defined in Section 393.063, F.S. Within this rule, the term “Developmental Disability” is used interchangeably with the term “intellectual disability” which refers to significantly subaverage intellectual functioning (an IQ score below 70) on standardized intelligence tests existing concurrently with related limitations in adaptive functioning.

(24) “Developmental Disability Clinical Treatment Services” – Within this rule, means psychological, behavioral analysis or psychotherapeutic services designed specifically for youths with Developmental Disability provided by a Licensed Mental Health Professional, Board Certified Behavior Analyst or Certified Behavior Analyst or a non-licensed Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional. The term does not include school instruction or school services provided under Chapter 1003, F.S.

(25) “Direct Supervision for Mental Health Clinical Staff” means that a Licensed Mental Health Professional has at least one hour per week of onsite face-to-face interaction with a non-licensed Mental Health Clinical Staff Person individually or in group format, for the purpose of overseeing and directing the mental health services that he or she is providing in the facility, as permitted by law within his or her state licensure.

(26) “Direct Supervision for Substance Abuse Clinical Staff” means that a Qualified Professional has at least one hourly session per week of onsite face-to-face interaction with a non-licensed or non-certified 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., individually or in group format, for the purpose of overseeing and directing the substance abuse services that he or she is providing in the facility.

(27) “Drug” means any substance listed in Section 893.03, F.S.

(28) “The Diagnostic and Statistical Manual of Mental Disorders” ‒ A manual published by the American Psychiatric Association which presents guidelines and diagnostic criteria for various Mental Disorders, including substance related disorders. The Diagnostic and Statistical Manual of Mental Disorder, Fifth Edition is the latest edition of this manual.

(29) “Follow-Up Assessment of Suicide Risk” – An evaluation conducted after a youth has received an Assessment of Suicide Risk and is on Suicide Precautions to evaluate the youth’s current level of suicide risk and determine whether the youth is to be maintained on or removed from Suicide Precautions. The form MHSA 005 documents Follow-Up Assessment of Suicide Risk conducted in a DJJ facility or program.

(30) “Health Status Checklist” ‒ The form HS 08 which documents the youth’s physical condition upon his/her placement in a Secure Observation Room due to suicide risk. The Health Status Checklist is also utilized in residential commitment programs to document the youth’s physical condition upon his/her placement in a controlled observation room.

(31) “Imminent Threat of Suicide” means to present a real and present threat of suicide.

(32) “Individual Healthcare Record” – The permanent departmental file containing the unified cumulative hard-copy collection of clinical records, histories, assessments, treatments and diagnostic tests which relate to a youth’s medical, mental health, substance abuse, Developmental Disability, behavioral health and dental health which have been obtained to facilitate care or document care provided while the youth is in a Detention Center, residential commitment program or day treatment program.

(33) “Individualized Developmental Treatment Plan” – A written guide which structures the focus of a youth’s Developmental Disability Clinical Treatment Services.

(34) “Individualized Mental Health Treatment Plan” – A written guide which contains goals and objectives of mental health treatment and structures the focus of a youth’s ongoing mental health treatment, including treatment with Psychotropic Medication.

(35) “Individualized Substance Abuse Treatment Plan” – A written guide which contains goals and objectives of substance abuse treatment and which structures the focus of a youth’s ongoing substance abuse treatment.

(36) “Initial Mental Health Treatment Plan” – A written preliminary guide which contains goals and objectives of mental health treatment and structures the focus of a youth’s initial mental health treatment.

(37) “Initial Psychiatric Diagnostic Interview” – Within this rule refers to an assessment conducted by a Psychiatrist or psychiatric advanced registered nurse practitioner (ARNP) within 14 days of referral to determine the presence of any psychiatric conditions, formulate a diagnosis, and determine suitability for particular types of therapeutic interventions.

(38) “Initial Substance Abuse Treatment Plan” – A preliminary, written plan of goals and objectives intended to inform the youth of substance abuse service expectations and to prepare him/her for substance abuse service provision.

(39) “Integrated Mental Health and Substance Abuse Treatment Plan” or “Individualized Mental Health/Substance Abuse Treatment Plan” – A written, individualized guide which structures the focus of a dually diagnosed youth’s ongoing mental health and substance abuse treatment. The Integrated Mental Health and Substance Abuse Treatment Plan may also be referred to as an individualized mental health/substance abuse treatment plan.

(40) “Juvenile Assessment Center” – Section 985.135, F.S. establishes juvenile justice assessment centers which are designed to serve as a point of intake and screening for juveniles referred to the Department.

(41) “Juvenile Justice Information System” or JJIS – The department’s electronic system used to gather and store information on youth having contact with the department.

(42) “Juvenile Probation Officer” or JPO – A person meeting the definition in Section 985.03(30), F.S., and Rule 63D-8.001, F.A.C.

(43) “Licensed Clinical Social Worker.” A person licensed pursuant to Chapter 491, F.S., to practice clinical social work.

(44) “Licensed Marriage and Family Therapist.” A person licensed pursuant to Chapter 491, F.S., to practice marriage and family therapy.

(45) “Licensed Mental Health Counselor.” A person licensed pursuant to Chapter 491, F.S. to practice mental health counseling.

(46) “Licensed Mental Health Professional” – Within this Rule means a Psychiatrist licensed pursuant to Chapter 458 or 459, F.S., who is board certified in Child and Adolescent Psychiatry or Psychiatry by the American Board of Psychiatry and Neurology or has completed a training program in Psychiatry approved by the American Board of Psychiatry and Neurology for entrance into its certifying examination, a Psychologist licensed pursuant to Chapter 490, F.S., a Licensed Mental Health Counselor, Licensed Marriage and Family Therapist, or Licensed Clinical Social Worker licensed pursuant to Chapter 491, F.S., or a Psychiatric Nurse as defined in Section 394.455(23), F.S.

(47) “Licensed Qualified Professional” – Within this rule means a physician or physician assistant licensed under Chapter 458 or 459, F.S., a Psychologist licensed under Chapter 490, F.S., or a Licensed Clinical Social Worker, Licensed Marriage and Family Therapist or Licensed Mental Health Counselor under Chapter 491, F.S., who is exempt from Chapter 397, F.S., licensure pursuant to Section 397.405, F.S.

(48) “Marchman Act” – Within this rule refers to Section 397.675, F.S., covering involuntary substance abuse assessment and admissions for persons with substance abuse impairment.

(49) “Massachusetts Youth Screening Instrument, Second Version” or MAYSI-2 – A 52-item true-false screening instrument designed to identify signs of mental disturbance or emotional distress authorized by DJJ for use at intake into the juvenile justice system and upon admission to a day treatment or residential commitment program. The MAYSI-2 is published by Professional Resource Press.

(50) “Mental Disorder” means a clinically significant behavioral or psychological syndrome or pattern that occurs in an individual and that is associated with present distress or impairment in one or more important areas of functioning, or with a significantly increased risk of suffering death, pain, disability, or significant loss of freedom.

(51) “Mental Health Alert” – A designation in the Department’s Juvenile Justice Information System (JJIS) and in the facility used to identify youths in DJJ facilities/programs who have mental health conditions, symptoms or behaviors which may pose safety or security risks.

(52) “Mental Health Clinical Staff Person” – Within this rule means a person responsible for providing mental health evaluation and treatment who, if not otherwise licensed as a Licensed Mental Health Professional, must hold, at a minimum, a Bachelor’s degree from an accredited university or college with a major in psychology, social work, counseling or Related Human Services Field.

(53) “Mental Health Crisis Intervention” means short-term therapeutic processes which focus on rapid resolution of Acute Emotional or Psychological Distress which is extreme and does not respond to ordinary intervention. The purpose of such intervention is generally to determine the severity of the problem, potential for harm, and to prevent harm to the individual or others.

(54) “Mental Health Provider” – Within this rule means a Psychiatrist licensed under Chapter 458 or 459, F.S., a Psychologist licensed under Chapter 490, F.S., or a Licensed Mental Health Counselor, Licensed Clinical Social Worker, or Licensed Marriage and Family Therapist licensed under Chapter 491, F.S., a Psychiatric Nurse as defined in this rule, a Community Mental Health Center or Clinic as defined in Section 394.455, F.S., or a public or private mental health agency eligible to provide mental health services under Chapter 394, F.S., who through employment, contract, subcontract or agreement provides mental health services in a DJJ facility or program.

(55) “Mental Health and Substance Abuse Screening” – The brief procedures used by trained direct care staff or clinical staff to determine the presence of a mental health or substance abuse problem, substantiate that the youth is positive in respect to some mental health or substance abuse factor and to identify the need for further mental health or substance abuse evaluation.

(56) “Mental Health/Substance Abuse Treatment Discharge Plan” – The form, 011, which summarizes the focus and course of a youth’s mental health and/or substance abuse treatment, and provides recommendations for mental health and/or substance abuse treatment or services upon the youth’s movement out of a DJJ facility or program.

(57) “Mental Status Examination” – A structured assessment of a youth’s psychological and behavioral functioning. It provides a description of the youth’s appearance, attitude, motor activity, affect, mood, speech, thought content, perception, insight and judgment based upon the examiner’s observations of the youth and the youth’s answers to specific questions.

(58) “Mental Health Supportive Services” – Within this rule refers to therapeutic activities provided by Licensed Mental Health Professional or Mental Health Clinical Staff Person for a youth who is on Suicide Precautions or Mental Health Alert. Therapeutic activities include supportive counseling, crisis counseling, Mental Status Examination and must include on-going daily examination of the youth’s risk to self or others.

(59) “Necessary and Appropriate Mental Health and Substance Abuse Treatment and Services” – Essential mental health or substance abuse care or services which are reasonably expected to become necessary in the course of custody and care of juveniles, and which are consistent with generally acceptable professional standards for mental health and substance abuse services.

(60) “One-to-One Supervision” – The supervision of one youth by one staff member who remains within five feet of the youth at all times and must maintain constant visual and sound monitoring of the youth at all times.

(61) “Positive Achievement Change Tool” or PACT – The Department-approved criminogenic risk and needs screening and assessment tool incorporated in Rule 63D-9.001, F.A.C.

(62) “PACT Mental Health and Substance Abuse Screening Report and Referral Form” – The referral form defined in Rule 63D-8.001, F.A.C., and incorporated in Rule 63D-9.004, F.A.C.

(63) “Potential Suicide Risk” – Refers to a latent possibility or likelihood of manifesting deliberate self-destructive or self-injurious behavior with possible life-threatening consequences.

(64) “Precautionary Observation” – A Suicide Precaution method which provides for the Constant Supervision of a youth with Suicide Risk Factors in designated observation areas of the facility or program which are safe and secure.

(65) “Psychiatric Nurse.” A licensed registered nurse who has a master's degree or a doctorate in psychiatric nursing and two years post-master's clinical experience under the supervision of a physician. A licensed and certified psychiatric advanced registered nurse practitioner (ARNP) under Chapter 464, F.S., with a master’s degree or doctorate in psychiatric nursing or mental health nursing and two years post-master’s clinical experience under the supervision of a physician would meet this definition.

(66) “Psychiatric Services” – Within this rule refers to provision of Initial Diagnostic Psychiatric Interviews, psychiatric evaluations, prescribing Psychotropic Medications and monitoring Psychotropic Medications rendered by a Psychiatrist or psychiatric advanced registered nurse practitioner (ARNP).

(67) “Psychiatrist.” A physician licensed pursuant to Chapter 458 or 459, F.S., who is board certified in Child and Adolescent Psychiatry or Psychiatry by the American Board of Psychiatry and Neurology, or has completed a training program in Psychiatry approved by the American Board of Psychiatry and Neurology for entrance into its certifying examination. A Psychiatrist who is board certified in Forensic Psychiatry by the American Board of Psychiatry and Neurology or the American Board of Forensic Psychiatry may provide services in DJJ facilities or programs, but must have prior experience and training in psychiatric treatment with children or adolescents.

(68) “Psychologist.” A licensed Psychologist is a person licensed pursuant to Section 490.005(1), F.S., and a licensed school Psychologist is a person licensed pursuant to Section 490.006, F.S.

(69) “Psychotropic Medication” – Medications capable of affecting the mind, emotions and behavior that are used to treat mental illness. The medications, include, but are not limited to the following major categories: antipsychotics, antidepressants, antianxiety drugs, mood stabilizers and stimulants.

(70) “Qualified Professional” means a person meeting the requirements in Section 397.311(26), F.S., and Rule 65D-30.002, F.A.C.

(71) “Related Human Services Field” is a college major which includes the study of human behavior and development, counseling and interviewing techniques, and individual, group or family therapy. Examples of a college major in a Related Human Services Field include rehabilitation counseling, family studies, developmental psychology, health psychology and special education.

(72) “Secure Observation” – A suicide precaution method which provides for the use of a Secure Observation Room for placement of youths demonstrating At Risk or Suicide Risk Behaviors and either One-to-One Supervision or Constant Supervision of the youth in the Secure Observation Room.

(73) “Secure Observation Room” ‒ A room used when placing a youth in Secure Observation due to At Risk or Suicide Risk Behaviors.

(74) “Serious Self-Inflicted Injury” means any deliberate action taken by the youth to harm himself/herself with potentially serious or life-threatening consequences, but is not associated with Suicide Ideation or Suicide Intent.

(75) “Significant Change in Dosage of Medication” – Any increase or decrease in dosage beyond a small increment or beyond the normal dosage range for youths of similar age.

(76) “Specialized Treatment Services” ‒ Refers to the following mental health, substance abuse, Developmental Disability, sex offender and or behavioral health services provided in DJJ residential commitment programs: Comprehensive Services for Major Disorders; Intensive Mental Health Services; Specialized Mental Health Services; Substance Abuse Treatment Services (SAT); Developmental Disability Services; Sex Offender Treatment Services; Mental Health Overlay Services (MHOS); and Substance Abuse Treatment Overlay Services (SAT Overlay Services).

(77) “Substance Abuse Clinical Staff Person” – Within this rule means a person who is licensed under Chapter 397, F.S., or exempt from Chapter 397, F.S., licensure under Section 397.405, F.S. or is an employee of a Service Provider licensed under Chapter 397, F.S., or in facility licensed under Chapter 397, F.S., who holds, at a minimum, a Bachelor’s degree from an accredited university or college with a major in psychology, social work, counseling or Related Human Services Field.

(78) “Substance Abuse Service Provider” or “Service Provider” – Within this rule means a public agency, a private for-profit or not-for profit agency, a physician or physician assistant licensed under Chapter 458 or 459, F.S., a Psychologist licensed under Chapter 490, F.S., or a Clinical Social Worker, Marriage and Family Therapist or Mental Health Counselor licensed under Chapter 491, F.S., licensed under Chapter 397, F.S., or exempt from licensure under Chapter 397, F.S., who through employment, contract, subcontract or agreement provides substance abuse services in a DJJ facility or program.

(79) “Substance-Related Disorder” – A DSM diagnostic category which includes substance use disorders and substance-induced disorders. Substance use disorders include abuse and dependence. Substance-induced disorders include intoxication, withdrawal, and various mental states such as anxiety, mood disorder or psychosis that a substance induces when it is used.

(80) “Suicide Attempt” – Any action deliberately undertaken by the youth with Suicide Ideation or Suicide Intent which, if carried out, would result in his/her death.

(81) “Suicide Gesture” – Any action deliberately undertaken by the youth with Suicide Ideation or Suicide Intent which, if carried out, would not result in his/her death.

(82) “Suicide Rescue Tool” – A tool utilized in DJJ facilities responding to Suicide Attempts to cut the youth free from material used in the Suicide Attempt.

(83) “Suicide Response Kit” – A designated metal or hard coated box which contains a DJJ approved Suicide Rescue Tool, wire cutters, needle nose pliers, and first aid items such as a one-way CPR mask, microshield or face shield, non-latex gloves and first aid supplies for use in the event of a Suicide Attempt or incident of Serious Self-Inflicted Injury.

(84) “Suicide Risk Alert” – A designation made in JJIS and in the departmental facility to identify youths with Suicide Risk Factors who are placed on Suicide Precautions.

(85) “Suicide Risk Behaviors” – Refers to recent or current events, statements, or actions which suggest that the youth is a Potential Suicide Risk. Suicide Risk Behaviors include intentional self-injurious behavior; statements, notes or drawings which suggest thoughts, intent or plans to harm self; behaviors that suggest intent or plans to harm self, such as tying of clothing or sheet in a noose; statements suggesting hopelessness or preoccupation with death or dying; or extreme withdrawal or lack of interest in surroundings.

(86) “Suicide Risk Factors” – Refers to events, actions or conditions which suggest the youth is a possible suicide risk. Examples of Suicide Risk Factors include past history or recent: Suicide Attempt, Suicide Gesture, Suicide Ideation or Suicide Threat; intentional self-injurious behavior; statements, drawings or notes which suggest suicide, hopelessness or preoccupation with death or dying; extreme withdrawal or lack of interest in surroundings; serious psychiatric disturbance (particularly depression, mood swings, psychosis); substance dependence; or recent major loss such as death of parent, sibling or best friend.

(87) “Suicide Risk Screening Instrument” or SRSI – The form MHSA 002 which documents the standardized questions asked by trained designated staff at intake into the juvenile justice system and upon admission to a Detention Center to identify Suicide Risk Factors and need for referral for Assessment of Suicide Risk.

(88) “Suicidal Ideation” means thoughts, wishes or desire to deliberately take one’s own life.

(89) “Suicidal Intent” means an identified decision and/or plan to take one’s own life.

(90) “Suicide Precautions” – Use of Precautionary Observation or Secure Observation for supervising, observing, monitoring and housing the youth who has been identified as a Potential Suicide Risk. Suicide Precautions require that specific action be taken within a DJJ facility or program to protect a youth considered At Risk of suicide from potential self injury or suicide.

(91) “Suicide Threat” means a warning direct or indirect, verbal or non-verbal, that reasonably suggests that a youth plans to attempt suicide.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0031 Qualifications of Mental Health Professionals

(1) Mental health services must be provided by a Licensed Mental Health Professional or a non-licensed Mental Health Clinical Staff Person who is working under the direct supervision of a Licensed Mental Health Professional.

(a) Licensed Mental Health Professionals. Each Licensed Mental Health Professional shall hold an active, valid license issued by the Florida Department of Health.

Psychiatrists. A Psychiatrist shall be a physician licensed pursuant to Chapter 458 or 459, F.S., who meets one of the following conditions:

a. Is board certified in Child and Adolescent Psychiatry or Psychiatry by the American Board of Psychiatry and Neurology, or

b. Is board eligible by virtue of having completed a training program in Psychiatry approved by the American Board of Psychiatry and Neurology for entrance into its certifying examination, or

c. Is board certified in Forensic Psychiatry by the American Board of Psychiatry and Neurology or the American Board of Forensic Psychiatry and has prior experience and training in psychiatric treatment with children or adolescents.

Licensed Psychologists shall be licensed pursuant to Section 490.005(1). F.S., and licensed school psychologists shall be licensed pursuant to Section 490.006, F.S.
Licensed Mental Health Counselors shall be licensed pursuant to Chapter 491, F.S.
Licensed Clinical Social Workers shall be licensed pursuant to Chapter 491, F.S.
Licensed Marriage and Family Therapists shall be licensed pursuant to Chapter 491, F.S.
Psychiatric Nurses shall be licensed registered nurses who have a master’s degree or a doctorate in psychiatric nursing and two years post-master’s clinical experience under the supervision of a physician; or shall be a licensed and certified psychiatric advanced registered nurse practitioner (ARNP) under Chapter 464, F.S., with a master’s degree or doctorate in psychiatric nursing or mental health nursing and two years post-master’s clinical experience under the supervision of a physician would meet this definition.
The Licensed Mental Health Professional’s license number, and a copy of an up-to-date clear and active license document must be on file in the facility or program.

(b) Non-Licensed Mental Health Clinical Staff.

A non-licensed Mental Health Clinical Staff Person providing mental health services in a DJJ facility or program must meet one of the qualifications in sub-subparagraphs a. through d., and meet the requirement in sub-subparagraph e., below:

a. Hold a master’s degree from an accredited university or college in the field of counseling, social work, psychology, or Related Human Services Field;

b. Hold a bachelor’s degree from an accredited university or college in the field of counseling, social work, psychology or Related Human Services Field and have two years clinical experience assessing, counseling and treating youths with serious emotional disturbance or substance abuse problems;

c. Hold a bachelor’s degree from an accredited university or college in the field of counseling, social work, psychology or Related Human Services Field and have 52 hours of training in the areas described in this section prior to working with youths. The 52 hours of training must include a minimum of 16 hours of documented clinical training in their duties and responsibilities. The non-licensed person must also receive training in mental disorders and substance-related disorders, counseling theory and techniques, group dynamics and group therapy, treatment planning and discharge planning for one year by a Mental Health Clinical Staff Person who holds a Master’s degree. Clinical training of the non-licensed person must cover, at a minimum, the following components: basic counseling skills, basic group therapy skills, treatment model and program philosophy, therapeutic milieu, behavior management, client rights, crisis intervention, early intervention and de-escalation, documentation requirements, normal and abnormal adolescent development and typical behavior problems.

d. If the non-licensed Mental Health Clinical Staff Person provides mental health services in a DJJ facility or program designated for Medicaid behavioral health services, the requirements for counselors set forth by the Agency for Health Care Administration (AHCA) are provided in the Florida Medicaid Community Behavioral Health Services Coverage and Limitations Handbook; and,

e. A non-licensed person providing clinical, counseling or therapy services must meet the exemption criteria set forth in Sections 491.014(4) and 491.014 (8), F.S.

A Board Certified Behavior Analyst or Certified Behavior Analyst who is not a Licensed Mental Health Professional must meet the requirements in subparagraph 1., above in order to function as a non-licensed Mental Health Clinical Staff Person in a departmental facility or program.
A Board Certified Behavior Analyst or Certified Behavior Analyst who is not a Licensed Mental Health Professional must provide Behavior Analysis Services under the direct supervision of a Licensed Mental Health Professional in a departmental facility or program.
A copy of the non-licensed Mental Health Clinical Staff Person’s college transcript must be on file in the facility or program.

(2) Mental health services must be provided by Licensed Mental Health Professionals and Mental Health Clinical Staff Persons who have met the background screening requirements set forth in Section 985.644, F.S.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0032 Qualifications of Substance Abuse Professionals and Service Providers

(1) Substance abuse services must be provided by persons or entities meeting licensure requirements set forth in Chapter 397, F.S., or who are exempt from licensure under Section 397.405, F.S.

(2) Documentation of Licensure. Chapter 397, F.S., licensure or a Licensed Qualified Professional’s licensure under Chapter 458, 459, 490 or 491, F.S., is required as provided below:

(a) Chapter 397, F.S. Licensure. A copy of the up-to-date Chapter 397, F.S., licensure document for the appropriate licensable service component must be on file and displayed in departmental facilities or programs.

(b) The Licensed Qualified Professional’s license number, and a copy of an up-to-date clear and active license document must be on file in the facility or program.

(3) Non-licensed Substance Abuse Clinical Staff. A non-licensed Substance Abuse Clinical Staff Person may provide substance abuse services in a departmental facility or program only as an employee of a Service Provider licensed under Chapter 397, F.S., or in a facility licensed under Chapter 397, F.S.

(a) The non-licensed Substance Abuse Clinical Staff Person must have, at a minimum, a Bachelor’s degree from an accredited university or college with a major in psychology, social work, counseling or a Related Human Services Field.

(b) A copy of the non-licensed Substance Abuse Clinical Staff Person’s college transcript must be on file in the facility or program.

(4) Unless licensed under Chapter 397, F.S., or under Chapter 458, 459, 490 or 491, F.S., a Certified Addiction Professional may provide substance abuse services in a DJJ facility or program only as an employee of a Service Provider licensed under Chapter 397, F.S. or in a facility licensed under Chapter 397, F.S.

(5) Substance abuse services must be provided by Licensed Qualified Professionals and Substance Abuse Clinical Staff Persons who have met the background screening requirements set forth in Section 985.644, F.S.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0033 Clinical Supervision of Mental Health Clinical Staff

(1) A non-licensed Mental Health Clinical Staff Person who is carrying out mental health treatment in a departmental facility or program must be working under the direct supervision of a Licensed Mental Health Professional employed by, or under contract with, the departmental facility or program.

(2) Direct supervision shall be documented on the Licensed Mental Health Professionals and Licensed/Certified Substance Abuse Professionals Direct Supervision Log (MHSA 019), or a form developed by the program which contains all the information required in form MHSA 019. The Licensed Mental Health Professionals and Licensed/Certified Substance Abuse Professionals Direct Supervision Log (MHSA 019, August 2006) is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03773, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.

(3) The Licensed Mental Health Professional providing direct supervision is responsible for reviewing and signing Comprehensive Assessments, Comprehensive Mental Health Evaluations, Updated Comprehensive Mental Health Evaluations, Initial Mental Health Treatment Plans and Individualized Mental Health Treatment Plans prepared by the non-licensed Mental Health Clinical Staff Person within ten calendar days of administration of the instrument.

(4) The Licensed Mental Health Professional providing direct supervision is responsible for reviewing each Assessment of Suicide Risk and Follow-Up Assessment of Suicide Risk, Crisis Assessment and Follow-Up Crisis Assessment conducted by the non-licensed Mental Health Clinical Staff Person within 24 hours of the referral for assessment. The Assessment of Suicide Risk, Follow-Up Assessment of Suicide Risk, Crisis Assessment or Follow-Up Crisis Assessment conducted by the non-licensed Mental Health Clinical Staff must be signed by the Licensed Mental Health Professional the next scheduled time he/she is onsite.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0034 Clinical Supervision of Substance Abuse Clinical Staff

(1) A non-licensed Substance Abuse Clinical Staff Person who is an employee in a facility licensed under Chapter 397, F.S., or an employee of a Service Provider licensed under Chapter 397, F.S., must work under the direct supervision of a Qualified Professional.

(3) The Qualified Professional providing direct supervision is responsible for reviewing and signing Comprehensive Assessments, Comprehensive Substance Abuse Evaluations, Updated Comprehensive Substance Abuse Evaluations, Initial Substance Abuse Treatment Plans and Individualized Substance Abuse Treatment Plans prepared by the non-licensed Substance Abuse Clinical Staff Person within ten calendar days.

(4) The requirements for documentation of clinical supervision of non-licensed Substance Abuse Clinical Staff employed in a facility licensed under Chapter 397, F.S., or employed by a service provider licensed under Chapter 397, F.S., are provided in Chapter 65D-30, F.A.C.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0035 Retaining a Designated Mental Health Clinician Authority or Clinical Coordinator

(1) Designated Mental Health Clinician Authority.

(a) Each facility with an operating capacity of 100 or more youths, each facility providing DJJ Specialized Treatment Services and every Detention Center shall employ or contract with a single Licensed Mental Health Professional to act as the Designated Mental Health Clinician Authority for the facility or program, or if the facility or program contracts with an agency or corporate entity, rather than a single Licensed Mental Health Professional, then a single Licensed Mental Health Professional within the agency or corporate entity shall be identified as the Designated Mental Health Clinician Authority for the DJJ facility or program.

(b) The Designated Mental Health Clinician Authority must be onsite in the DJJ facility/program at least once a week for a sufficient time period to ensure that appropriate coordination and implementation of mental health and substance abuse services is taking place.

(2) Clinical Coordinator.

(a) Each facility that does not meet any of the criteria in paragraph (1)(a), above, shall identify either a Designated Mental Health Clinician Authority or a Clinical Coordinator to be responsible for coordinating and verifying implementation of Necessary and Appropriate Mental Health and Substance Abuse Treatment services in the facility/program.

(b) Identification of a non-licensed Mental Health Clinical Staff Person as a Clinical Coordinator does not confer upon the non-licensed Mental Health Clinical Staff Person the authority to provide clinical supervision of clinical staff.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0036 Referrals for Mental Health Services and Substance Abuse Services

(1) Referrals to Mental Health Clinical Staff or Substance Abuse Clinical Staff in the facility or off-site mental health or substance abuse providers shall be documented on the Mental Health/Substance Abuse Referral Summary (MHSA 014) or a form developed by the program which contains all of the information required in form MHSA 014. The Mental Health/Substance Abuse Referral Summary (MHSA 014, August 2006) is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03774, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.

(2) Residential commitment programs designated for Specialized Treatment Services where youths are routinely referred for a specific mental health or substance abuse service such as comprehensive mental health/substance abuse evaluation or updated evaluation as part of established procedure are exempt from the paragraph above. Such programs may utilize an existing referral process such as tracking logs for documentation of routine referrals. However, referrals for non-routine mental health and substance abuse services such as Assessment of Suicide Risk, Follow-Up Assessment of Suicide Risk or Crisis Assessment must be recorded on the Mental Health/Substance Abuse Referral Summary (MHSA 014) or a form developed by the program containing all the information required in form MHSA 014.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.004 Mental Health, Substance Abuse and Developmental Disability Services Records Management

(1) Each Detention Center, residential commitment program and day treatment program shall develop a health care record system in accordance with Rules 63M-2.061 – 63M-2.063, F.A.C., and this rule.

(2) Entries in mental health, substance abuse or Developmental Disability services clinical records shall be legible, accurate, dated and authenticated by the writer’s signature. In those instances where clinical records are generated and maintained electronically, a staff identifier will be acceptable in lieu of the writer’s signature.

(3) Mental health, substance abuse or Developmental Disability services clinical records shall be kept secure from unauthorized access.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0041 Individual Healthcare Record

(1) Mental health, substance abuse and Developmental Disability Clinical Treatment Services records collected during the youth’s involvement in the juvenile justice system shall be permanently filed in the youth’s Individual Healthcare Record in the Interdisciplinary Health Records Section.

(2) All mental health and substance abuse records and Developmental Disability Clinical Treatment Services records contained in the youth’s Individual Healthcare Record are considered confidential.

(a) DJJ staff shall have access to a youth’s Individual Healthcare Records only when such access is needed in the performance of their official responsibilities.

(b) Only individuals who, by virtue of job description and duties, require information on a youth’s mental health or substance abuse or developmental disability status for the purpose of providing health care to that youth, protecting the safety of that youth, or performing auditing functions may have access to a youth’s mental health, substance abuse or developmental disability clinical records and/or information. Access shall only be to that portion of the Individual Healthcare Record which is required for the above purposes.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0042 Active Mental Health/Substance Abuse Treatment File

(1) Mental health and substance abuse records may be temporarily maintained in an Active Mental Health/Substance Abuse Treatment File during a youth’s on-going mental health or substance abuse treatment.

(2) When utilized, a youth’s Active Mental Health/Substance Abuse Treatment File must be maintained in a designated secure filing area. The filing area must be accessible only to appropriate mental health and/or substance abuse staff, and designated administrative, supervisory and medical staff who have a need for the information in connection with their duty to monitor the youth’s progress or to participate in the assessment and treatment of the youth.

(3) The Active Mental Health/Substance Abuse Treatment File must be maintained until the Mental Health Clinical Staff Person or Substance Abuse Clinical Staff Person determines that the youth’s on-going mental health or substance abuse treatment is completed, at which time the Active Mental Health/Substance Abuse Treatment File must be placed in the youth’s Individual Healthcare Record. An exception is provided for facilities which provide Specialized Treatment Services or ongoing mental health or substance abuse treatment services. Such facilities may maintain an Active Mental Health/Substance Abuse Treatment File throughout the youth’s placement in the facility/program. The Active Mental Health/Substance Abuse Treatment File must be placed in the youth’s Individual Healthcare Record prior to the youth’s transition from the program.

(4) The Active Mental Health/Substance Abuse Treatment File must be restricted to documentation of mental health and substance abuse treatment of a non-medical nature. Documentation of administration and management of medication and medical services provided by a physician, physician assistant or nurse must be filed in the youth’s Individual Healthcare Record. It is acceptable to retain a copy of documentation of Psychiatric Services such as a psychiatric evaluation to be placed in the Active Mental Health and Substance Abuse Treatment File. However, the original psychiatric evaluation must be maintained in the youth’s Individual Healthcare Record.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0051 Mental Health and Substance Abuse Screening

(1) Screening in Juvenile Assessment Centers (JAC) or Juvenile Probation Officer (JPO) Unit.

(a) Mental Health and Substance Abuse Screening conducted upon a youth’s initial intake at a JAC or JPO Unit shall include the following:

Administration of the Massachusetts Youth Screening Instrument, Second Version (MAYSI-2).
Administration of the Suicide Risk Screening Instrument (SRSI) Form (MHSA 002, October 2014) which is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05366, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.
Completion of the PACT and PACT Mental Health and Substance Abuse Screening Report and Referral Form as set forth in Rule 63D-9.004, F.A.C.

(b) When the MAYSI-2 or PACT Mental Health and Substance Abuse Screening Report and Referral Form or other information at initial intake indicates the need for further mental health or substance abuse assessment, the JPO or JAC intake screener shall refer the youth for Comprehensive Assessment in accordance with the provisions of Rule 63D-9.004, F.A.C.

(2) Screening in Detention Centers.

(a) Mental Health and Substance Abuse Screening conducted upon a youth’s admission to a Detention Center shall include the following:

Review of the youth’s MAYSI-2, PACT Mental Health and Substance Abuse Screening Report and Referral Form and the SRSI sections administered by the JPO or JAC intake screener prior to the youth’s admission to the Detention Center; and,
Administration of the Suicide Risk Screening Instrument (SRSI) Form (MHSA 002).

(b) The Detention Center’s intake staff must note any existing documentation of mental health or substance abuse problems, needs or risk factors and report the documentation to Mental Health Clinical Staff.

(c) Detained youths who were not referred for Comprehensive Assessment at the time of intake screening in the JAC or JPO Unit and are identified as in need of further mental health or substance abuse assessment subsequent to admission to the Detention Center must be referred for Comprehensive Mental Health Evaluation by the Detention Center’s Mental Health Provider or Substance Abuse Service Provider.

(3) Screening in Residential Commitment Programs.

(a) Mental Health and Substance Abuse Screening must be conducted upon a youth’s admission to a residential commitment program and when a youth that had been on inactive status re-enters a residential commitment program. “Inactive Status” means a youth has been removed from a residential program and identified in the Juvenile Justice Information System (JJIS) to be in jail, secure detention, escape status or in a medical or mental health facility.

(b) Mental Health and Substance Abuse Screening shall include a review of each youth’s commitment packet information, reports and records and administration of either the Massachusetts Youth Screening Instrument, Second Version (MAYSI-2) or Clinical Mental Health and Substance Abuse Screening.

Residential program intake staff administering Mental Health and Substance Abuse Screening must review each youth’s commitment packet information, reports and records for existing documentation of mental health or substance abuse problems, needs or risk factors.
The residential program intake staff must note any existing documentation of mental health or substance abuse problems, needs or risk factors and report the documentation to appropriate Mental Health Clinical Staff.

(c) Either the MAYSI-2 or Clinical Mental Health and Clinical Substance Abuse Screening must be administered upon each youth’s admission to a residential commitment program.

If the MAYSI-2 is to be administered at intake/admission to a residential commitment program, the procedures specified in Rule 63N-1.0053, F.A.C., must be followed:
If Clinical Mental Health and Clinical Substance Abuse Screening are to be administered at intake/admission to a residential commitment program as an alternative to the MAYSI-2, the procedures specified in paragraphs (d) and (e), below, must be followed.

(d) Clinical Mental Health Screening – General Requirements:

Documentation of Clinical Mental Health Screening must be provided by the Licensed Mental Health Professional and clearly identified as “Clinical Mental Health/Substance Abuse Screening.”
Clinical Mental Health Screening documentation must provide details of the information obtained by the screening such as youth statements, behavioral observations, collateral information. The specific information supporting the Clinical Mental Health Screening findings and recommendations must be documented on the screening instrument.
The Clinical Mental Health Screening document must be signed and dated by the Licensed Mental Health Professional conducting the screening.

(e) Clinical Substance Abuse Screening – General Requirements.

Documentation of Clinical Substance Abuse Screening must be provided by the Licensed Qualified Professional and clearly identified as “Clinical Substance Abuse Screening.”
Clinical Substance Abuse Screening documentation must provide details of the information obtained by the screening such as youth statements, behavioral observations, collateral information. The specific information supporting the Clinical Substance Abuse Screening findings and recommendations must be documented on the screening instrument.
The Clinical Substance Abuse Screening document must be signed and dated by the Licensed Qualified Professional conducting the screening.

(f) When the MAYSI-2 or Clinical Mental Health and Substance Abuse Screening indicates the need for further in-depth mental health or substance abuse evaluation, the youth shall be referred for a Comprehensive Mental Health Evaluation or Comprehensive Substance Abuse Evaluation.

(4) Admission Screening in Day Treatment Programs.

Mental Health and Substance Abuse Screening conducted upon a youth’s admission to a day treatment program shall include a review of each youth’s referral information and administration of the Massachusetts Youth Screening Instrument, Second Version (MAYSI-2).

(a) Day treatment program staff administering the MAYSI-2 must review each youth’s referral packet information, reports and records for existing documentation of mental health or substance abuse problems, needs or risk factors.

(b) The day treatment program staff shall note any existing documentation of mental health or substance abuse problems, needs or risk factors and report the documentation to the program’s Mental Health Provider or Substance Abuse Provider and appropriate administrative staff.

(c) When the MAYSI-2 or other intake/admission information indicates the need for referral for Comprehensive Mental Health Evaluation or Comprehensive Substance Abuse Evaluation, the program director or designee must be notified and referral made to the program’s Mental Health Provider or Substance Abuse Provider as set forth in Rule 63N-1.0036, F.A.C.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14, Amended 7-9-15.

Fla. Admin. Code R. 63N-1.0052 Intake/Admission Suicide Risk Screening

(1) All youths shall be screened for Suicide Risk Factors during the initial intake process in a Juvenile Assessment Center (JAC) or Juvenile Probation Officer (JPO) Unit and upon admission to a Detention Center, residential commitment program or day treatment program in accordance with Rules 63N-1.0092 and 63N-1.00921, F.A.C.

(2) When suicide risk screening, collateral information or staff observations indicate the need for an Assessment of Suicide Risk, an Assessment of Suicide Risk shall be conducted in accordance with Rule 63N-1.0093, F.A.C.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0053 Massachusetts Youth Screening Instrument, Second Version (MAYSI-2) Procedures

(1) The MAYSI-2 shall be administered to the youth upon initial intake at a JAC or JPO Unit and on the day of the youth’s admission to a day treatment program or residential commitment program.

(2) The MAYSI-2 shall be administered only by staff who have successfully completed the Department’s CORE training module on the MAYSI-2.

(3) The MAYSI-2 shall be administered and scored using JJIS.

(4) When the MAYSI-2 or other intake or admission information indicates the need for referral for in-depth mental health or substance abuse evaluation, Assessment of Suicide Risk, crisis intervention or emergency services, the facility superintendent, program director or designee must be notified and referral made as set forth in Rule 63N-1.0036, F.A.C.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0054 Comprehensive Assessments

(1) If a detained youth who was referred for Comprehensive Assessment by the JAC or JPO has not received an assessment by the community-based Service Provider within 30 days of screening, the Detention Center’s Mental Health Provider shall administer a Comprehensive Mental Health Evaluation to the youth by the youth’s 31st day in the Detention Center.

(2) When Comprehensive Assessment indicates the youth is in need of treatment, the youth shall receive an Initial or Individualized Mental Health/Substance Abuse Treatment Plan and appropriate treatment services.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0055 Comprehensive Mental Health Evaluations

(1) Comprehensive Mental Health Evaluations shall be administered by a Licensed Mental Health Professional or a Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional.

(2) Comprehensive Mental Health Evaluations shall reflect consideration of the following:

(a) Identifying Information;

(b) Reason for Evaluation;

(c) Relevant Background Information, including home environment and family functioning; history of physical abuse, sexual abuse, neglect, witnessing violence and other forms of trauma; behavioral functioning; physical health mental health and substance abuse history and educational functioning;

(d) Behavioral Observations;

(e) Mental Status Examination;

(f) Interview or Procedures Administered;

(g) Discussion of Findings;

(h) Diagnostic Impression/Formulation including DSM diagnoses; and,

(i) Recommendations.

(3) Comprehensive Mental Health Evaluations shall be completed within 30 days of referral. However, if screening, staff observations or other information indicates the youth has a mental health problem which poses a safety risk to himself/herself or others, completion of the Comprehensive Mental Health Evaluation must be expedited based upon the urgency of the youth’s symptoms as determined by a Licensed Mental Health Professional. When the Comprehensive Mental Health Evaluation indicates the youth is in need of treatment, the youth shall receive an Initial or Individualized Mental Health Treatment Plan and appropriate treatment services.

(4) Updated Comprehensive Mental Health Evaluation.

(a) When the youth’s file contains a Comprehensive Mental Health Evaluation completed within twelve months of the youth’s admission, the previous corresponding Comprehensive Mental Health Evaluation may be utilized to conduct an updated Comprehensive Mental Health Evaluation.

(b) The updated Comprehensive Mental Health Evaluation must be administered by a Licensed Mental Health Professional or a Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional in accordance with the provisions below:

The updated Comprehensive Mental Health Evaluation must be clearly identified as such and must be attached to the previous comprehensive evaluation which is being updated.
The updated Comprehensive Mental Health Evaluation must provide any new or additional information applicable to each area specified in subsection (2), above, based upon current information provided by the youth, his or her family/legal guardians and the youth’s records.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0056 Comprehensive Substance Abuse Evaluations

(1) Comprehensive Substance Abuse Evaluation General Requirements.

(a) Chapter 65D-30, F.A.C., establishes requirements for substance abuse assessments provided in facilities licensed under Chapter 397, F.S., and by Service Providers licensed under Chapter 397, F.S.

(b) In DJJ facilities and programs wherein substance abuse services are provided by a Licensed Qualified Professional, the Comprehensive Substance Abuse Evaluation must reflect consideration of the following:

Reason for Assessment,
Pertinent Background Information, including home environment and family functioning; history of physical abuse, sexual abuse, neglect, witnessing violence and other forms of trauma; behavioral functioning; physical health, mental health and substance abuse history and educational functioning,
Behavioral Observations,
Methods of Assessment,
Patterns of Alcohol and Other Drug Abuse,
Impact of Alcohol and Other Drug Abuse on Major Life Areas,
Risk Factors for Continued Alcohol and Other Drug Abuse,
Clinical Impression including DSM diagnoses,
Recommendations.

(c) Comprehensive substance abuse evaluations must be completed within 30 days of referral. However, if screening, staff observations or other information indicates the youth has a substance abuse problem which poses a safety risk to himself/herself or others, completion of the Comprehensive Substance Abuse Evaluation must be expedited based upon the urgency of the youth’s symptoms as determined by a Qualified Professional.

(d) When the Comprehensive Substance Abuse Evaluation indicates the youth is in need of treatment, the youth shall receive an Initial or Individualized Substance Abuse Treatment Plan and appropriate treatment services.

(2) Updated Comprehensive Substance Abuse Evaluations.

(a) Chapter 65D-30, F.A.C., establishes the requirements for updated substance abuse assessments and evaluations provided in facilities licensed under Chapter 397, F.S., or by service providers licensed under Chapter 397, F.S.

(b) In DJJ facilities and programs where substance abuse services are provided by a Licensed Qualified Professional, an updated Comprehensive Substance Abuse Evaluation shall be conducted in accordance with the following:

An updated Comprehensive Substance Abuse Evaluation may only be conducted when the youth’s file contains a Comprehensive Substance Abuse Evaluation completed within twelve months of the youth’s admission.
The updated Comprehensive Substance Abuse Evaluation must be clearly identified as such and must be attached to the previous Comprehensive Substance Abuse Evaluation which is being updated.
The updated Comprehensive Substance Abuse Evaluation must provide any new or additional information applicable to each area specified in subsection (1), above, based upon current information provided by the youth, his or her family/legal guardians and the youth’s records.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.006 Suicide Risk Alerts and Mental Health Alerts

(1) Suicide Risk Alerts.

(a) A “Suicide Risk Alert” designation shall be made by direct care or clinical staff when a youth is identified during screening or by staff observations as having Suicide Risk Factors.

(b) The youth coded as a Suicide Risk Alert must be placed on Suicide Precautions and maintained on Constant Supervision until an Assessment of Suicide Risk is conducted. If a youth exhibits behaviors which require both a “Suicide Risk Alert” and “Mental Health Alert,” the procedures for a “Suicide Risk Alert” must be followed.

(d) An exception is provided for residential commitment programs designated for Specialized Treatment Services where a Mental Health Clinical Staff Person conducts mental health screening at admission, and if a youth is identified with Suicide Risk Factors, immediately administers an Assessment of Suicide Risk. Based upon Assessment of Suicide Risk findings, the Mental Health Clinical Staff Person will determine whether a “Suicide Risk Alert” will be placed in JJIS.

(2) Mental Health Alerts.

(a) A “Mental Health Alert” designation shall be made by direct care or clinical staff when a youth is identified as having mental health conditions and factors which may pose a safety or security risk.

(b) Mental Health Alert indicators include the following:

Recent history of self-injurious behavior such as self-mutilation, carving or cutting self, ingestion of objects, or head banging which required emergency medical services within the previous 3 months,
Recent history of psychosis and symptoms such as auditory or visual hallucinations or delusions which required hospitalization within the previous 3 months,
Recent history of examination or placement under the Baker Act within the previous 3 months,
Recent history of Drug or alcohol detoxification, overdose or withdrawal symptoms within the previous 3 months,
Recent history of evaluation, or admission under the Marchman Act within the previous 3 months,
Severe Developmental Disability.

(c) An exception is provided for residential commitment programs designated for Specialized Treatment Services where a Mental Health Clinical Staff Person administers mental health screening at admission, and if a youth is identified with mental health conditions or factors which may pose a safety or security risk, immediately administers a Crisis Assessment at admission. In such instances, the Mental Health Clinical Staff Person will determine whether a “Mental Health Alert” will be placed in JJIS, based upon the Crisis Assessment findings.

(d) Youths coded as a “Mental Health Alert” must be maintained on one of the following levels of supervision:

One-to-One Supervision.
Constant Supervision.
Close Supervision.

(e) Documentation of One-to-One supervision or Constant Supervision of youths on Mental Health Alert must be recorded on the Mental Health Alert ‒ Observation Log (MHSA 007), or a form developed by the program which contains all the information required in form MHSA 007. The Mental Health Alert ‒ Observation Log (MHSA 007, August 2006) is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03776, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.

(f) Documentation of close supervision is recorded on the Close Supervision-Visual Checks Log (MHSA 020) or a form developed by the program which contains all the information required in form MHSA 020. The Close Supervision-Visual Checks Log (MHSA 020, August 2006) is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03777, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.

(3) A current listing of youths on Suicide Risk Alert or Mental Health Alert in JJIS must be maintained and provided to direct care and clinical staff on a daily basis.

(4) Direct care or clinical staff may place a youth on Suicide Risk Alert or Mental Health Alert in JJIS.

(5) A Licensed Mental Health Professional or non-licensed Mental Health Clinical Staff Person must downgrade or discontinue a youth’s alert status.

(a) If the downgrade of discontinuation of alert status is made by a non-licensed Mental Health Clinical Staff Person, the concurrence of a Licensed Mental Health Professional must be documented by the Mental Health Clinical Staff Person in a progress note and JJIS.

(b) A copy of the documented concurrence of the Licensed Mental Health Professional must be permanently filed in the youth’s individual healthcare record.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.007 Mental Health and Substance Abuse Treatment Planning

(1) Each Detention Center, residential commitment program and day treatment program shall develop a treatment planning process for youths in need of mental health and/or substance abuse treatment.

(2) Each youth’s Individualized Mental Health Treatment Plan shall be based on an in-depth Comprehensive Assessment, Comprehensive Mental Health Evaluation or updated Comprehensive Mental Health Evaluation.

(3) Each youth’s Individualized Substance Abuse Treatment Plan shall be based on an in-depth Comprehensive Assessment, Comprehensive Substance Abuse Evaluation or updated Comprehensive Substance Abuse Evaluation.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0071 Mental Health and Substance Abuse Treatment Planning in Detention Centers

(1) Each youth who is determined by a Mental Health Clinical Staff Person or Substance Abuse Clinical Staff Person to need mental health treatment, including treatment with Psychotropic Medication, or substance abuse treatment while in a Detention Center must be assigned to a mini-treatment team. The mini-treatment team is responsible for developing, reviewing and updating Initial and Individualized Mental Health Treatment Plans or Initial and Individualized Substance Abuse Treatment Plans for youths receiving mental health or substance abuse treatment while in the Detention Center.

(a) The mini-treatment team must be composed of at least a Mental Health Clinical Staff Person or Substance Abuse Clinical Staff Person and one other staff person from a different service area such as administrative, supervisory or medical staff.

(b) The mini-treatment team meetings must include the youth. The youth’s parent or legal guardian must also be included in the mini-treatment team meeting when possible.

(2) An Initial Mental Health Treatment Plan must be developed by the mini-treatment team and youth within 7 days of initiation of mental health treatment, or for youths receiving Psychotropic Medication within 7 days of the Initial Psychiatric Diagnostic Interview. An Initial Mental Health Treatment Plan is not required if an Individualized Mental Health Treatment Plan is already developed within 7 days of initiation of mental health treatment, or within 7 days of the Initial Psychiatric Diagnostic Interview for youths receiving Psychotropic Medication.

(3) Initial Substance Abuse Treatment Plan.

(a) Chapter 65D-30, F.A.C., establishes the requirements for initial substance abuse treatment plans provided in facilities licensed under Chapter 397, F.S., or by Service Providers licensed under Chapter 397, F.S.

(b) In Detention Centers where substance abuse services are provided by a Licensed Qualified Professional, the Initial Substance Abuse Treatment Plan must be developed by the multidisciplinary treatment team and youth within 7 days of initiation of substance abuse treatment.

(4) An Individualized Mental Health Treatment Plan is required when a youth enters on-going mental health treatment, including treatment with Psychotropic Medication. The Individualized Mental Health Treatment Plan must be developed by the mini-treatment team for a youth in mental health treatment whose stay in a Detention Center exceeds 30 days, and must be completed by the 31st day the youth is in the Detention Center.

(5) An Individualized Substance Abuse Treatment Plan is required when a youth enters on-going substance abuse treatment.

(a) Chapter 65D-30, F.A.C., establishes the requirements for individual substance abuse treatment plans provided in facilities licensed under Chapter 39, F.S., or by Service Providers licensed under Chapter 397, F.S.

(b) In Detention Centers where substance abuse services are provided by a Licensed Qualified Professional, an Individualized Substance Abuse Treatment Plan must be developed by the mini-treatment team for a youth in substance abuse treatment whose stay in a Detention Center exceeds 30 days, and must be completed by the 31st day the youth is in the Detention Center.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0072 Mental Health and Substance Abuse Treatment Planning in Residential Commitment Programs and Day Treatment Programs

(1) Each youth in a residential commitment program or day treatment program must be assigned to a treatment team upon admission.

(a) The multidisciplinary treatment team in residential commitment programs must be composed of the youth and representatives from the program’s staff as set forth in paragraph 63E-7.010(4)(b), F.A.C.

(b) The multidisciplinary treatment team in day treatment programs must be composed of direct care, mental health and substance abuse counseling components and may also include administration, medical, educational, and vocational staff.

(c) Multidisciplinary treatment team meetings must include the youth. The multidisciplinary treatment team must also include the youth’s parent or legal guardian when possible.

(d) The multidisciplinary treatment team is responsible for developing, reviewing and updating the youth’s Initial Mental Health Treatment Plan and Individualized Mental Health Treatment Plan and/or Initial Substance Abuse Treatment Plan and Individualized Substance Abuse Treatment Plan.

(2) Initial Mental Health Treatment Plan.

(a) An Initial Mental Health Treatment Plan must be developed with participation of multidisciplinary treatment team members and the youth within 7 days of initiation of mental health treatment, or for youths receiving Psychotropic Medication within 7 days of the Initial Psychiatric Diagnostic Interview.

(b) DJJ residential commitment programs designated for Specialized Treatment Services where youths receive an Individualized Mental Health/Substance Abuse Treatment Plan within 30 days of admission as part of established procedure are exempt from paragraph (a), above. Such programs may utilize an Initial Mental Health Treatment Plan or treatment note to document the initiation of a youth’s mental health treatment.

(3) Initial Substance Abuse Treatment Plan.

(a) Chapter 65D-30, F.A.C., establishes the requirements for initial substance abuse treatment plans provided in facilities licensed under Chapter 397, F.S. or by Service Providers licensed under Chapter 397, F.S.

(b) In residential commitment programs and day treatment programs where substance abuse services are provided by a Licensed Qualified Professional, the Initial Substance Abuse Treatment Plan must be developed by the multidisciplinary treatment team and youth within 7 days of initiation of substance abuse treatment.

(4) An Individualized Mental Health Treatment Plan is required when a youth enters on-going mental health treatment, including treatment with Psychotropic Medication.

(a) In DJJ residential commitment programs or day treatment programs designated for Specialized Treatment Services the Individualized Mental Health Treatment Plan must be developed by the multidisciplinary treatment team and youth with mental health treatment needs within 30 days of the youth’s admission.

(b) For youths identified with mental health treatment needs subsequent to admission to a residential commitment program or day treatment program, the Individualized Mental Health Treatment Plan must be developed within 30 days of the youth receiving a Comprehensive Mental Health Evaluation or updated Comprehensive Mental Health Evaluation in the program. If the youth is not onsite or available to participate in development of the mental health treatment plan on the 30th day, the treatment team meeting may be postponed until the youth is onsite or available to participate in development of the plan.

(5) An Individualized Substance Abuse Treatment Plan is required when a youth enters on-going substance abuse treatment.

(a) Chapter 65D-30, F.A.C., establishes the requirements for individual substance abuse treatment plans provided in facilities licensed under Chapter 397, F.S., or by Service Providers licensed under Chapter 397, F.S.

(b) In residential commitment programs and day treatment programs where substance abuse services are provided by a Licensed Qualified Professional, an Individualized Substance Abuse Treatment Plan must be developed by the multidisciplinary treatment team as follows:

In residential commitment programs designated for Specialized Treatment Services, the Individualized Substance Abuse Treatment Plan must be developed by the multidisciplinary treatment team and youth within 30 days of the youth’s admission.
For youths identified with substance abuse treatment needs subsequent to admission to a general offender residential commitment program, the Individualized Substance Abuse Treatment Plan must be developed within 30 days of the youth receiving a Comprehensive Substance Abuse Evaluation or updated Comprehensive Substance Abuse Evaluation in the program. If the youth is not onsite or available to participate in development of the substance abuse treatment plan on the 30th day, the treatment team meeting may be postponed until the youth is onsite or available to participate in development of the plan.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0073 Initial Mental Health Treatment Plans and Initial Substance Abuse Treatment Plans – General Requirements

(1) An Initial Mental Health Treatment Plan must be recorded on the Initial Mental Health/Substance Abuse Treatment Plan Form (MHSA 015) or a form developed by the program which contains all the mental health information in form MHSA 015. The Initial Mental Health/Substance Abuse Treatment Plan Form (MHSA 015, October 2014) is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05370, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399. The Initial Mental Health Treatment Plan must be signed and dated by the Mental Health Clinical Staff Person, youth and treatment team members who participated in development of the plan.

(2) Initial Substance Abuse Treatment Plan.

(a) Chapter 65D-30, F.A.C., establishes the requirements for initial treatment plans provided in facilities licensed under Chapter 397, F.S., or by Service Providers licensed under Chapter 397, F.S.

(b) In facilities and programs where substance abuse services are provided by a Licensed Qualified Professional, the Initial Substance Abuse Treatment Plan must be developed as follows:

An Initial Substance Abuse Treatment Plan must be recorded on the Initial Mental Health/Substance Abuse Treatment Plan Form (MHSA 015), or a form developed by the facility or program which contains all the substance abuse information in form MHSA 015.
An Initial Substance Abuse Treatment Plan must be signed and dated by the Substance Abuse Clinical Staff Person, youth and treatment team members who participated in development of the plan.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14, Amended 7-9-15.

Fla. Admin. Code R. 63N-1.0074 Individualized Mental Health Treatment Plans and Individualized Substance Abuse Treatment Plans – General Requirements

(1) An Individualized Mental Health Treatment Plan must be recorded on form MHSA 016 or a form developed by the program which contains all the mental health information in form MHSA 016. The Individualized Mental Health/Substance Abuse Treatment Plan Form (MHSA 016, October 2014) is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05368, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399. The Individualized Mental Health Treatment Plan must be signed and dated by the Mental Health Clinical Staff Person, the treatment team members who participated in development of the plan and the youth.

(2) An Individualized Substance Abuse Treatment Plan is required when a youth enters on-going substance abuse treatment.

(b) In facilities and programs where substance abuse services are provided by a Licensed Qualified Professional, the Individualized Substance Abuse Treatment Plan must be developed as follows:

An Individualized Substance Abuse Treatment Plan must be recorded on the Individualized Mental Health/Substance Abuse Treatment Plan Form (MHSA 016), or a form developed by the program which contains all the substance abuse information in form MHSA 016.
An Individualized Substance Abuse Treatment Plan must be signed and dated by the Substance Abuse Clinical Staff Person, the treatment team members who participated in development of the plan and the youth.

(3) Development of an Individualized Mental Health Treatment Plan, Individualized Substance Abuse Treatment Plan or Integrated Mental Health and Substance Abuse Treatment Plan must include the youth’s parent or legal guardian, unless there documentation of a reason for the parent or legal guardian’s non-involvement in treatment planning.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14, Amended 7-9-15.

Fla. Admin. Code R. 63N-1.0075 Integrated Mental Health and Substance Abuse Treatment Plans

(1) Youths diagnosed with both Mental Disorder and Substance-Related Disorder shall receive integrated treatment services based upon an Integrated Mental Health/Substance Abuse Treatment Plan.

(a) The Integrated Mental Health and Substance Abuse Treatment Plan shall be developed with the input of both Mental Health Clinical Staff and Substance Abuse Clinical Staff.

(b) The Integrated Mental Health and Substance Abuse Treatment Plan shall provide interventions and strategies demonstrated effective in treatment of dual diagnosis and co-occurring disorders.

(2) The Integrated Mental Health and Substance Abuse Treatment Plan must be recorded on the Individualized Mental Health/Substance Abuse Treatment Plan Form (MHSA 016), or a form developed by the program which contains all the mental health information and substance abuse information required in MHSA 016.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0076 Review and Updating of Individualized Mental Health Treatment Plans, Individualized Substance Abuse Treatment Plans and Integrated Mental Health and Substance Abuse Treatment Plans

(1) Review and Updating of Individualized Mental Health Treatment Plans.

(a) Individualized Mental Health Treatment Plans must be reviewed and updated by the Mental Health Clinical Staff Person, treatment team and youth, and include the procedures in subsection (3), below.

(b) The review and updating of Individualized Mental Health Treatment Plans must be recorded on the Individualized Mental Health/Substance Abuse Treatment Plan Review Form (MHSA 017) or a form developed by the program which contains all the mental health information required in form MHSA 017. The Individualized Mental Health/Substance Abuse Treatment Plan Review Form (MHSA 017, October 2014) is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05367, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.

(2) Review and Updating of Individualized Substance Abuse Treatment Plans.

(a) Chapter 65D-30, F.A.C., establishes requirements for updating individual substance abuse treatment plans provided in facilities or by Service Providers licensed under Chapter 397, F.S.

(b) In facilities and programs where substance abuse services are provided by a Licensed Qualified Professional, a review and updating of the Individualized Substance Abuse Treatment Plan or Integrated Mental Health/Substance Abuse Treatment Plan must include the procedures in subsection (3), below.

The review and updating of Individualized Substance Abuse Treatment Plans must be recorded on the Individualized Substance Abuse Treatment Plan Review Form (MHSA 017), or a form developed by the program which contains all the substance abuse information required in form MHSA 017.
The review and updating of Integrated Mental Health and Substance Abuse Treatment Plans must be recorded on form (MHSA 017), or a form developed by the program which contains all the mental health and substance abuse information required in form MHSA 017.

(3) Review of Individualized Mental Health Treatment Plans, Individualized Substance Abuse Treatment Plans or Integrated Mental Health/Substance Abuse Treatment Plans must be conducted by the treatment team every 30 days.

(a) Based upon the review of the treatment plan, necessary updates will be made to the plan.

(b) Review and updating of treatment plans must include the parent or legal guardian, unless there is clear documentation of a reason for the parent’s or legal guardian’s non-involvement.

(c) The Individualized Mental Health Treatment Plan, Individualized Substance Abuse Treatment Plan or Integrated Mental Health/Substance Abuse Treatment Plan must be signed and dated by the Mental Health Clinical Staff Person, Substance Abuse Clinical Staff Person and treatment team members that updated the form and the youth. The parent or legal guardian must also sign the treatment plan unless there is clear documentation of the parent’s or legal guardian’s non-involvement in the review and updating of the treatment plan.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4),, 985.64(2) FS. History–New 6-20-14, Amended 7-9-15.

Fla. Admin. Code R. 63N-1.0081 Mental Health Treatment Services

(1) Mental health treatment services shall be provided by a Licensed Mental Health Professional or a Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional.

(2) Mental health treatment shall be based on the youth’s symptoms and DSM diagnosis identified by a Comprehensive Assessment, Comprehensive Mental Health Evaluation or updated Comprehensive Mental Health Evaluation, and shall seek to reduce the youth’s symptoms of Mental Disorder and the negative effects of symptoms on the youth’s behavior and accomplish the measurable goals and objectives specified in the youth’s Initial or Individualized Mental Health Treatment Plan.

(3) Treatment techniques which constitute mental health treatment include the following:

(a) Individual therapy or counseling, which is one-to-one counseling between a youth with a diagnosed Mental Disorder and a Licensed Mental Health Professional or a Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional. Individual counseling or therapy shall be a planned and structured face-to-face therapy session designed to address the youth’s symptoms and accomplish the goals and objectives in the youth’s Initial or Individualized Mental Health Treatment Plan. Individual counseling or therapy shall be based on evidence based therapy models such as cognitive behavioral therapy, reality therapy, gestalt therapy or rational emotive therapy, or identified as promising practices in published quantitative research showing positive outcomes and demonstrated effectiveness in mental health treatment.

(b) Group therapy or counseling, which is an assembly of youths who have a diagnosed Mental Disorder and a Licensed Mental Health Professional or a Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional for the purpose of using the emotional interactions of members of the group to help them get relief from distressing symptoms and to modify their behavior.

Group therapy/counseling shall be a planned and structured face-to-face therapy session designed to address the youths’ symptoms and accomplish the goals and objectives in the youths’ Initial or Individualized Mental Health Treatment Plans.
Group therapy/counseling shall be based on evidence based treatment models such as cognitive behavioral therapy, reality therapy, gestalt therapy or rational emotive therapy and evidence based curricula or curricula identified as promising practices in published quantitative research showing positive outcomes and demonstrated to be effective in mental health treatment.
Group therapy/counseling provided in DJJ residential commitment programs designated for Specialized Treatment Services shall not exceed a group size of 10 youths with mental health diagnoses.

(c) Family counseling or therapy, which is an assembly of a youth with acute or chronic Mental Disorder, his/her family members such as the youth’s parents or guardians and siblings, and a Licensed Mental Health Professional or a Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional for the purpose of improving the youth’s and family’s functioning in areas which appear to impact his/her Mental Disorder. Family counseling or therapy must be based on effective treatment approaches such as family systems therapy, functional family therapy and multi-systemic therapy or identified as promising practices in published quantitative research showing positive outcomes and demonstrated to be effective in family counseling.

(d) Behavior therapy, which is a mode of treatment provided by a Licensed Mental Health Professional or a Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional, for the purpose of modifying the behavior of a youth with a diagnosed Mental Disorder by assisting him/her in learning new, more acceptable and adaptable forms of behavior.

Behavior therapy shall be designed to address the effects of the youth’s symptoms on his/her behavior and accomplish the goals and objectives in the youth’s Individualized Mental Health Treatment Plan.
Behavior Analysis Services must be provided by a Licensed Mental Health Professional, Board Certified Behavior Analyst or Certified Behavior Analyst.

(e) Psychosocial Skills Training, which is a face-to-face therapeutic activity designed to address specific skill deficits or maladaptive behaviors and promote skill development and improved functioning of youths with Mental Disorder. Psychosocial Skills Training must be provided by a Licensed Mental Health Professional or a Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional. Psychosocial Skills Training must address the specific deficits or maladaptive behaviors identified in the youth’s Initial of Individualized Mental Health Treatment Plan.

(f) Juvenile sexual offender therapy and juvenile sexual offender treatment shall be conducted, managed or supervised in accordance with Section 490.012(8) or 491.012(1)(n), F.S.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14, Amended 6-15-17.

Fla. Admin. Code R. 63N-1.0082 Substance Abuse Treatment Services

(1) Chapter 65D-30 F.A.C., established the requirements for substance abuse treatment services provided in facilities licensed under Chapter 397, F.S. or by Service Providers licensed under Chapter 397, F.S.

(2) In facilities and programs where substance abuse services are provided by a Licensed Qualified Professional, substance abuse treatment shall be provided as follows:

(a) Substance abuse treatment shall be based on the youth’s symptoms and DSM diagnosis identified by a Comprehensive Assessment, Comprehensive Substance Abuse Evaluation or updated Comprehensive Substance Abuse Evaluation, and shall seek to reduce the youth’s symptoms of Substance-Related Disorder and the negative effects of the symptoms on the youth’s behavior and accomplish the measurable goals and objectives specified in the youth’s Initial or Individualized Substance Abuse Treatment Plan.

(b) Treatment techniques which constitute substance abuse treatment utilized for youths with Substance-Related Disorder include the following:

Individual substance abuse counseling or therapy, which is one-to-one counseling between a youth with Substance-Related Disorder and a Licensed Qualified Professional. Individual substance abuse counseling shall be a planned and structured face-to-face counseling session designed to address the youth’s Substance-Related Disorder and accomplish the goals and objectives in the youth’s Initial or Individualized Substance Abuse Treatment Plan. Individual substance abuse counseling must be based on evidence based therapy models such as cognitive behavioral therapy, reality therapy, rationale emotive therapy or identified as promising practices in published quantitative research showing positive outcomes and demonstrated to be effective in substance abuse treatment.
Group substance abuse counseling or therapy, which is an assembly of youths with Substance-Related Disorder and a Licensed Qualified Professional who meet at least once a week for the purpose of promoting abstinence from all mood-altering Drugs and recovery from addiction.

a. Group counseling/therapy shall be a planned and structured face-to-face group counseling session designed to address the youths’ symptoms and accomplish the goals and objectives in the youths’ Initial or Individualized Substance Abuse Treatment Plan.

b. Group substance abuse counseling must be based on evidence based treatment models such as cognitive behavioral therapy, reality therapy, or rational emotive therapy or identified as promising practices in published quantitative research showing positive outcomes and demonstrated to be effective in substance abuse treatment.

c. Group substance abuse counseling provided in DJJ residential commitment programs designated for Specialized Treatment Services must not exceed a group size of 15 youths with substance abuse diagnoses.

Family substance abuse counseling or therapy, which is an assembly of a youth with substance abuse impairment, members of his/her family and a Licensed Qualified Professional, for the purpose of involving the family in the youth’s alcohol/Drug treatment. Family counseling or therapy must be based on effective treatment approaches such as family systems therapy, functional family therapy and multi-systemic therapy, or identified as promising practices in published quantitative research showing positive outcomes and demonstrated to be effective in family substance abuse counseling.
Psychosocial Skills Training, which is a face-to-face therapeutic activity provided by a Licensed Qualified Professional designed to address specific skills deficits or maladaptive behaviors and improve the social, emotional and behavioral functioning and life skills of the youth with Substance-Related Disorder. Psychosocial Skills Training must address the specific deficits or maladaptive behaviors identified in the youth’s Initial or Individualized Substance Abuse Treatment Plan.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0083 Integrated Mental Health and Substance Abuse Treatment Services

(1) Youths diagnosed with both Mental Disorder and Substance-Related Disorder shall receive Integrated Mental Health and Substance Abuse Treatment services in the DJJ facility or program when possible, or through community-based Mental Health Providers and Substance Abuse Service Providers.

(2) Mental health treatment services shall be provided by a Licensed Mental Health Professional or a Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional.

(3) Substance abuse treatment shall be provided by a Licensed Qualified Professional or by a Substance Abuse Clinical Staff Person who is an employee in facility licensed under Chapter 397, F.S., or an employee of a service provider licensed under Chapter 397, F.S.

(4) Integrated Mental Health and Substance Abuse Treatment shall consist of evidence based mental health and substance abuse treatment, and therapy models demonstrated effective in treatment of co-occurring Mental Disorder and Substance-Related Disorder.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0084 Documentation of Mental Health and Substance Abuse Treatment Services

(1) Mental Health Treatment Services shall be documented in a progress note or treatment note in the youth’s Active Mental Health/Substance Abuse Treatment File or mental health section of the youth’s Individual Healthcare Record.

(a) Recording of progress notes/treatment notes shall be carried out either on the day the treatment service/activity is provided or on a weekly basis.

The daily note must be recorded on the Counseling/Therapy Progress Note Form (MHSA 018) or a form developed by the program which contains all the information required in form MHSA 018. The Counseling/Therapy Progress Note Form (MHSA 018, August 2006) is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03782, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.
If the progress notes/treatment notes are recorded weekly, the progress note/summary must include the following information:

a. Summary of the mental health treatment interventions delivered to the youth, based on the youth’s mental health treatment plan,

b. The youth’s response to the interventions and progress toward reaching individualized treatment goals,

c. Significant events occurring during the week and contact with family and other agencies,

d. Signature of the Mental Health Clinical Staff Person who provided the treatment, and the date note was signed.

(b) Documentation requirements for a facility or program designated for Medicaid behavioral health services are set forth by the Agency for Healthcare Administration (AHCA) in the Florida Medicaid Community Behavioral Health Services Coverage and Limitations Handbook.

(c) Documentation of Off-Site Mental Health Treatment which is provided to the facility or program must be filed in the youth’s Individual Healthcare Record or Active Mental Health and Substance Abuse Treatment File.

(2) Substance Abuse Treatment Services shall be documented in a progress note/treatment note in the youth’s Active Mental Health/Substance Abuse Treatment File or the substance abuse section of the youth’s Individual Healthcare Record.

(a) Chapter 65D-30 F.A.C., establishes requirements for documentation of substance abuse treatment provided in a facility licensed under Chapter 397, F.S., or by a service provider licensed under Chapter 397, F.S.

(b) In facilities and programs where substance abuse services are provided by a Licensed Qualified Professional, substance abuse progress notes or treatment notes shall be recorded either on the day the treatment service/activity is provided or on a weekly basis.

The daily note must be recorded on the Counseling/Therapy Progress Note Form (MHSA 018) or a form developed by the program which contains all the information required in form MHSA 018.
If the progress notes/treatment notes are recorded weekly, the progress note/summary must include the following information:

a. Summary of the substance abuse treatment delivered to the youth, based on the youth’s substance abuse treatment plan,

b. The youth’s response to the interventions and progress toward reaching individualized treatment goals,

c. Significant events occurring during the week and contact with family and other agencies,

d. Signature of the Licensed Qualified Professional who provided the treatment and the date note was signed.

(c) Documentation requirements for a facility or program designated for Medicaid behavioral health services are set forth by the Agency for Healthcare Administration (AHCA) in the Florida Medicaid Community Behavioral Health Services Coverage and Limitations Handbook.

(d) Documentation of Off-Site Substance Abuse Treatment which is provided to a facility or program must be permanently filed in the substance abuse section of the youth’s Individual Healthcare Record.

(3) Integrated Mental Health and Substance Abuse Treatment shall be documented as follows:

(a) Mental health treatment services shall be documented by the Licensed Mental Health Professional or Mental Health Clinical Staff Person who provided the service.

(b) Concurrent substance abuse treatment shall be documented by the Licensed Qualified Professional or Substance Abuse Clinical Staff Person who provided the service.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4),, 985.64(2) FS. History–New 6-20-14.

Fla. Admin. Code R. 63N-1.0085 Psychiatric Services

(1) Each Detention Center and residential commitment program shall have available, either within the facility, or by written agreements or contracts with off-site providers, provision of Psychiatric Services for treatment of serious Mental Disorders.

(2) Psychiatric Services shall be provided by a Psychiatrist or by a licensed and certified psychiatric advanced registered nurse practitioner (ARNP) under Chapter 464, F.S., who works under the clinical supervision of a Psychiatrist as specified in the collaborative practice protocol with the supervising Psychiatrist filed with the Florida Department of Health.

(a) The Psychiatrist or psychiatric advanced registered nurse practitioner (ARNP) providing Psychiatric Services in a departmental facility or program must comply with Rules 63M-2.010-2.023 and 63M-2.025 – 63M-2.027, F.A.C., provisions regarding medication management whenever a youth is considered for, prescribed or receiving Psychotropic Medication.

(b) The Psychiatrist or psychiatric advanced registered nurse practitioner (ARNP) shall only prescribe Psychotropic Medications, which address the youth’s specific diagnoses and target symptoms.

(c) If Psychotropic Medications are required, the lowest dose of medication necessary to achieve therapeutic effect shall be used bearing in mind potential benefits and risks.

(d) The use of more than one Psychotropic Medication as part of a mental health treatment regimen requires documented clinical justification for each Psychotropic Medication utilized by the Psychiatrist or psychiatric advanced registered nurse practitioner (ARNP).

(e) Psychotropic Medication shall be only one component of the therapeutic program. Additional treatment modalities such as individual, group and family therapy, behavioral therapy substance abuse counseling and psychosocial skills training shall be utilized in conjunction with the use of Psychotropic Medication.

(f) Psychotropic Medication shall not be used as punishment, for staff convenience, discipline, coercion, or retaliation, as a substitute for meaningful psychosocial, rehabilitative services or in quantities that lead to a loss of functional status.

(g) There shall be no pro re nata (PRN) or standing orders for Psychotropic Medications.

(h) There shall be no emergency treatment orders for use of Psychotropic Medication as a chemical restraint. Chemical restraint means a medication used to control behavior or restrict the youth's freedom of movement and is not a standard treatment for the youth's psychiatric condition.

(3) Each Detention Center’s and residential commitment program’s intake screening process must determine whether a youth is taking Psychotropic Medications. If so, the youth is to be referred for an Initial Diagnostic Psychiatric Interview to be conducted within fourteen days of the youth’s admission. The Initial Diagnostic Psychiatric Interview must be identified as such and documented on the Clinical Psychotropic Progress Note (HS 006), or a form developed by the program which contains all the information required in form HS 006. The Clinical Psychotropic Progress Note (HS 006, October 2014) is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05365, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.

(4) Each youth who is currently receiving Psychotropic Medications at the time of admission or is prescribed Psychotropic Medication subsequent to admission must receive a psychiatric evaluation or an updated psychiatric evaluation. Youths currently receiving Psychotropic Medications at the time of admission must receive psychiatric evaluation within 30 days of admission. Youths prescribed Psychotropic Medication subsequent to admission must receive psychiatric evaluation within 30 days of the initiation of Psychotropic Medication.

(a) The Psychiatric Evaluation must be identified as such and documented on the Clinical Psychotropic Progress Note Form (HS 006) or a form developed by the program which contains all the information required in form HS 006.

(b) If the youth’s file contains a psychiatric evaluation which was completed within the past 6 months, the previous psychiatric evaluation may be utilized by the facility’s Psychiatrist or psychiatric advanced registered nurse practitioner (ARNP) to conduct an updated psychiatric evaluation. The updated psychiatric evaluation must be identified as such and documented on the Clinical Psychotropic Progress Note Form (HS 006) or a form developed by the program which contains all the information required in form HS 006.

(5) Each youth who is receiving Psychotropic Medication shall be seen for medication review by the Psychiatrist or psychiatric advanced registered nurse practitioner (ARNP), at a minimum, every 30 days. Medication review shall include evaluating and monitoring medication effects and the need for continuing or changing the medication regimen.

(6) Psychotropic Medication that is prescribed or Significantly Changed shall be documented on page 3 of the Clinical Psychotropic Progress Note Form (HS 006). Psychotropic Medication that is continued without Significant Change shall be documented either on page 3 of form HS 006 or a form developed by the program that contains all the information required on page 3 of form HS 006.

(7) Whenever a new Psychotropic Medication is prescribed, Psychotropic Medication is discontinued, or the drug dosage is Significantly Changed, parent/guardian notification and consent must be obtained unless the youth is 18 years of age or older or is emancipated as provided in Section 743.01 or 743.015, F.S., and is responsible for authorizing his or her own health care, or a physician determines that immediate treatment is needed as set forth in Section 985.18(7), F.S.

(8) Parental/guardian consent for Psychotropic Medication shall be accomplished through the following action:

(a) The Psychiatrist or psychiatric advanced registered nurse practitioner (ARNP) must attempt to contact the parent or legal guardian by telephone to obtain his or her verbal consent for the Psychotropic Medication.

(b) The Psychiatrist or psychiatric advanced registered nurse practitioner (ARNP) must document the parent or guardian’s verbal consent, when obtained, on page 3 of the Clinical Psychotropic Progress Note Form (HS 006), or a form developed by the program that contains all the information required on page 3 of form HS 006.

(c) A copy of the 3rd page of the Clinical Psychotropic Progress Note (HS 006) or a form developed by the program that contains all the information required on page 3 of form HS 006, and the Acknowledgment of Receipt of CPPN Form or Practitioner Form (HS 001) shall be mailed to the parent/guardian. The Acknowledgment of Receipt of CPPN Form or Practitioner Form (HS 001, August 2007) is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03784, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.

(d) The parent or legal guardian’s signature on the Acknowledgment of Receipt of CPPN Form or Practitioner Form (HS 001) provides written consent for the Psychotropic Medications as recorded on page 3 of the CPPN form HS 001 mailed to the parent or legal guardian.

(9) Consent requirements for provision of Psychotropic Medication for youths in foster care whose parent or legal guardian’s rights have been terminated, or the parent/legal guardian refuses to participate in the youth’s treatment or the parent/legal guardian’s location or identity is unknown is addressed in Chapter 65C-35, F.A.C.

(10) The Psychiatrist or psychiatric advanced registered nurse practitioner (ARNP) must brief the facility’s treatment team on the psychiatric status of each youth receiving Psychiatric Services who is scheduled for treatment team review. The briefing may be accomplished through face-to-face interaction or telephonic communication with a representative of the treatment team, or through a detailed progress note submitted by the Psychiatrist or psychiatric advanced registered nurse practitioner (ARNP) prior to the treatment team meeting.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4),, 985.64(2) FS. History–New 6-20-14, Amended 7-9-15.

Fla. Admin. Code R. 63N-1.0086 Mental Health and Substance Abuse Transition/Discharge Planning

(1) Mental Health Transition/Discharge Planning.

(a) During the final phase of mental health treatment, the Mental Health Clinical Staff Person, treatment team and youth shall establish a transition/discharge plan whereby improvements made during mental health treatment will be maintained upon the youth’s movement from one facility to another, or return to the community.

(b) A transition/discharge plan shall be documented on the Mental Health/Substance Abuse Treatment Discharge Plan Form (MHSA 011, October 2014) which is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05371, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.

The mental health information contained in the Mental Health/Substance Abuse Treatment Discharge Plan shall be discussed with the youth, parent/legal guardian (when available) and Juvenile Probation Officer prior to the youth’s release from the facility or program.
A copy of the Mental Health/Substance Abuse Treatment Discharge Plan Form (MHSA 011) will be provided to the youth, the youth’s assigned Juvenile Probation Officer, and also to the parent/legal guardian when the youth’s written consent for release of substance abuse information to the parent/guardian has been obtained in accordance with consent provisions in Rule 63N-1.015, F.A.C.

(c) Transition planning for youths on Suicide Risk Alert/Suicide Precautions immediately prior to discharge to the community shall include notification of the youth’s parent/legal guardian and Juvenile Probation Officer in accordance with Rule 63N-1.0097, F.A.C.

(d) Transition planning for youths on Suicide Risk Alert/Suicide Precautions immediately prior to transfer to another DJJ facility or program shall include notification of the facility superintendent/program director where the youth is to be transferred in accordance with Rule 63N-1.0097, F.A.C.

(2) Substance Abuse Transition/Discharge Planning.

(a) During the final phase of substance abuse treatment, the Licensed Qualified Professional or Substance Abuse Clinical Staff Person the treatment team and youth shall establish a transition/discharge plan whereby improvements made during substance abuse treatment will be maintained upon the youth’s movement from one facility to another, or return to the community.

(b) The transition/discharge plan shall be documented on the Mental Health/Substance Abuse Treatment Discharge Plan (Form MHSA 011).

The substance abuse information contained in the Mental Health/Substance Abuse Treatment Discharge Plan shall be discussed with the youth, parent/legal guardian (when available) and Juvenile Probation Officer prior to the youth’s release from the facility or program.
A copy of the Mental Health/Substance Abuse Treatment Discharge Plan Form (MHSA 011) will be provided to the youth, the youth’s assigned Juvenile Probation Officer and also to the parent/legal guardian when the youth’s written consent for release of substance abuse information to the parent/guardian has been obtained in accordance with consent provisions in Rule 63N-1.0097, F.A.C.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14, Amended 7-9-15.

Fla. Admin. Code R. 63N-1.009 Suicide Prevention

(1) Each Detention Center, residential commitment program and day treatment program shall develop procedures for implementing the facility’s suicide prevention plan and Suicide Precautions.

(2) The facility superintendent or program director must assure that a youth identified with Suicide Risk Factors or determined to be a Potential Suicide Risk is placed on Suicide Precautions until he/she receives Assessment of Suicide Risk by a Licensed Mental Health Professional or Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0091 Suicide Prevention Plans

(1) Each Detention Center, residential commitment program and day treatment program must have a written plan that details suicide prevention procedures. The suicide prevention plan must be reviewed annually.

(2) A facility/program’s plan for suicide prevention must include the following elements:

(a) Youths identified through screening or alert processes as having Suicide Risk Factors must be classified as a Suicide Risk Alert on JJIS and referred for an Assessment of Suicide Risk. An exception is provided in residential commitment programs designated for Specialized Treatment Services where a Mental Health Clinical Staff person administers mental health screening at admission and immediately administers an Assessment of Suicide Risk as specified in Rule 63N-1.006, F.A.C.

(b) When Suicide Risk Factors or suicide tendencies are indicated by screening or staff observations, an Assessment of Suicide Risk must be conducted to determine the level of suicide risk.

(c) Each facility or program must provide at least 6 hours of staff training annually on suicide prevention and implementation of Suicide Precautions which shall include quarterly “mock drill” trainings (every shift) on response to a Suicide Attempt and/or incident of serious self-injury. The training provided in the facility or program must be documented and on file in either the employee’s personnel file or staff training file.

(d) The areas of the facility designated for Precautionary Observation and Secure Observation.

(e) Use of levels of supervision in the following manner:

One-to-One Supervision. If the youth is in a Secure Observation Room, the staff member assigned to One-to-One Supervision of the youth must be stationed at the entrance to the room, no further than five feet from the door. One-to-One Supervision must be documented on the Suicide Precautions Observation Log (MHSA 006).
Constant Supervision. A staff member shall maintain continuous and uninterrupted observation of the youth. The staff member must have a clear and unobstructed view of the youth and unobstructed sound monitoring of the youth at all times. Constant Supervision shall not be accomplished through video/audio surveillance. If video/audio surveillance is utilized in the facility, it shall be used only to supplement physical observation by staff. Constant Supervision must be documented on form MHSA 006.
Close Supervision shall be used only as a step-down method of supervision of an At Risk youth who has received an Assessment of Suicide Risk, has been removed from Suicide Precautions, and is being transitioned back into a normal routine. Close Supervision is not an option for Precautionary Observation or Secure Observation. A staff member shall conduct visual checks of the youth’s condition while in his/her room or sleeping area at intervals not to exceed five minutes. For example, the staff member will observe the youth’s outward appearance, behavior and position in the room or area. Visual checks must be documented in writing at intervals not to exceed five minutes on the Close Supervision – Visual Checks Log (MHSA 020) or a visual checks form developed by the program which contains all the required information in form MHSA 020.

(f) The procedures for referring At Risk youths to mental health care providers or emergency facilities.

(g) Procedures for immediate and timely communication between Mental Health Clinical Staff and facility staff regarding the status of the youth to provide clear and current information and instructions. Procedures for communication with the youth’s parent or legal guardian to obtain information regarding Suicide Risk Factors.

(h) Procedures for notifying the parent/legal guardian that suicide risk screening indicated possible suicide risk and need for further assessment if the youth is being released to the parent/legal guardian prior to administration of an Assessment of Suicide Risk.

(i) Procedures for both verbal and written notification of the superintendent or program director, supervisors, outside authorities, the Juvenile Probation Officer and the parent or legal guardian of the youth’s Potential Suicide Risk, as indicated by an Assessment of Suicide Risk, or of a youth’s attempted suicide in the facility or program, must also be in place.

(j) The procedures for documenting the identification, referral, monitoring, assessment and follow-up of a youth identified as a Potential Suicide Risk or who has attempted suicide. The forms or formats cited in this Rule and the facility log must be utilized for documentation of suicide prevention processes and procedures.

(k) The procedures for immediate staff response to a Suicide Attempt or incident of Serious Self-Inflicted Injury.

(l) The procedures for the Licensed Mental Health Professional’s and facility superintendent or program director’s review of suicide prevention procedures. The plan must also specify the facility’s review process for every serious Suicide Attempt or Serious Self-Inflicted Injury requiring hospitalization or medical attention and mortality review process for a completed suicide.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0092 Screening for Suicide Risk

(1) Suicide risk screening conducted by the JPO or in the JAC shall include a review of available youth records, review of the PACT Mental Health and Substance Abuse Screening Report and Referral Form suicide category, administration of the MAYSI-2 which contains a suicide ideation subscale and administration of the Suicide Risk Screening Instrument (SRSI) (MHSA 002) sections denoted for the JAC or JPO unit. If further assessment is indicated by the SRSI, MAYSI-2 suicide ideation subscale or the PACT Mental Health and Substance Abuse Screening Report and Referral Form suicide category, or information obtained at initial intake suggests the youth is a Potential Suicide Risk, the following action must be taken in these circumstances:

(a) If the youth is to remain in the custody of DJJ, a Suicide Risk Alert must be entered into JJIS and the youth placed on Constant Supervision until an Assessment of Suicide Risk is conducted.

(b) If the youth is to be released to the custody of the parent or guardian, the parent or guardian must be informed that Suicide Risk Factors were disclosed during screening and that an Assessment of Suicide Risk should be conducted by a Mental Health Provider in the community.

The parent or guardian must be provided the Suicide Risk Screening Parent/Guardian Notification Form (MHSA 003, August 2006) which is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03786, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.
The parent or guardian’s signature is to be recorded on form MHSA 003.
A copy of form MHSA 003, signed by the parent or guardian, is to be permanently filed in the youth’s case management record and Individual Healthcare Record.

(2) Suicide Risk Screening in Detention Centers.

(a) Suicide risk screening conducted in a Detention Center shall include the following:

Review of Alerts in JJIS and available youth records, including the MAYSI-2 suicide ideation subscale, PACT Mental Health and Substance Abuse Screening Report and Referral Form suicide category and SRSI sections administered in the JAC or JPO Unit prior to the youth’s admission to the Detention Center.
Administration of the Suicide Risk Screening Instrument (SRSI) (MHSA 002) upon the youth’s admission to the Detention Center.

(b) If further assessment is indicated by the Suicide Risk Screening Instrument (MHSA 002) administered by the detention officer, detention nurse or Mental Health Clinical Staff Person or by the screening conducted by the JAC or JPO Unit or other information obtained at intake suggests the youth may be a Potential Suicide Risk, the procedures specified in Rule 63N-1.00921, F.A.C., shall be followed.

(3) Suicide Risk Screening in Residential Commitment Programs.

(a) Suicide risk screening conducted upon a youth’s admission to a residential commitment programs shall include:

Review of each youth’s commitment packet information; youth records and reports which document mental health or substance abuse problems, needs or risk factors; the PACT; MAYSI-2; and Alerts on JJIS.
Administration of the Massachusetts Youth Screening Instrument, Second Version (MAYSI-2) or Clinical Mental Health/Substance Abuse Screening which includes administration of a suicide risk screening questionnaire which has been confirmed to be valid and reliable in published research.

(b) When Suicide Risk Factors are identified by the MAYSI-2 suicide ideation subscale, Clinical Mental Health/Substance Abuse Screening or other information obtained at intake or after admission to the residential commitment program, the procedures specified in Rule 63N-1.00921, F.A.C., shall be followed.

(4) Suicide Risk Screening in Day Treatment Programs.

(a) Suicide risk screening conducted upon a youth’s admission to a day treatment programs shall include:

Review of available youth records and reports which document mental health or substance abuse problems, needs or risk factors, the PACT Mental Health and Substance Abuse Screening Report and Referral Form suicide category and Alerts on JJIS.
Administration of the Massachusetts Youth Screening Instrument, Second Version (MAYSI-2).

(b) When Suicide Risk Factors are identified by the MAYSI-2 suicide ideation subscale or other information obtained at intake or after admission to the day treatment program, the procedures specified in Rule 63N-1.00921, F.A.C., shall be followed.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.00921 Suicide Risk Screening – General Requirements

(1) If further assessment is indicated by suicide risk screening administered in the facility or program, or information obtained at intake or admission or staff observations identify Suicide Risk Factors or Potential Suicide Risk, the following must take place:

(a) A Suicide Risk Alert must be entered into JJIS and the youth must be placed on Suicide Precautions and at least Constant Supervision until an Assessment of Suicide Risk is conducted.

(b) The facility superintendent, program director or designee must be notified of the youth’s Suicide Risk Factors. The facility superintendent, program director or designee is responsible for contacting the Designated Mental Health Clinician Authority or the Licensed Mental Health Professional who is to conduct or supervise the Assessment of Suicide Risk to discuss the case and refer the youth for Assessment of Suicide Risk.

(c) The facility superintendent, program director or designee and the Designated Mental Health Clinician Authority or other Licensed Mental Health Professional responsible for mental health care in the facility/program, shall confer regarding cases where the circumstances are viewed as urgent and, if it is determined that an emergency exists, shall implement procedures for emergency mental health services in accordance with Rule 63N-1.011, F.A.C.

(d) The youth must be placed on Suicide Precautions in the facility or program until the youth receives an Assessment of Suicide Risk or is transported for emergency mental health services.

(2) If a youth identified with Suicide Risk Factors is released, transferred or discharged from the facility or program prior to an Assessment of Suicide Risk being conducted, notification of the youth’s suicide risk status and need for Assessment of Suicide Risk must be provided as set forth in Rule 63N-1.0097, F.A.C.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0093 Assessment of Suicide Risk and Follow-Up Assessment of Suicide Risk Procedures

(1) Assessment of Suicide Risk.

(a) An Assessment of Suicide Risk shall be conducted within 24 hours of referral, or immediately if the youth is in Crisis.

Any youth with current Suicide Ideation shall be immediately referred to a Mental Health Clinical Staff Person who will confer with a Licensed Mental Health Professional to determine whether an Assessment of Suicide Risk is to be conducted in the facility or program within 24 hours or immediately. If the youth is an imminent threat of suicide, the youth must be transported for emergency mental health services as set forth in Rule 63N-1.011, F.A.C.
Any youth who makes a Suicide Attempt or attempts Serious Self-Inflicted Injury shall receive an immediate Assessment of Suicide Risk in the facility or be transported for emergency mental health services.

(b) An Assessment of Suicide Risk shall be documented on the Assessment of Suicide Risk Form (MHSA 004, August 2006) which is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03787, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.

An Assessment of Suicide Risk conducted by a non-licensed Mental Health Clinical Staff Person must be reviewed by a licensed mental health professional within 24 hours of the referral.
If an Assessment of Suicide Risk conducted by a non-licensed Mental Health Clinical Staff Person indicates the youth is not a Potential Suicide Risk, documentation of the Licensed Mental Health Professional’s concurrence with the Assessment of Suicide Risk findings is required prior to the youth’s removal from Suicide Precautions.

(c) Youths determined to be a Potential Suicide Risk through an Assessment of Suicide Risk must be maintained on Suicide Precautions until a Follow-Up Assessment of Suicide Risk determines that the youth is not a Potential Suicide Risk.

(d) The Assessment of Suicide Risk Form (MHSA 004) must be filed in the Active Mental Health/Substance Abuse Treatment File until permanently filed in the youth’s Individual Healthcare Record.

(2) Follow-Up Assessment of Suicide Risk.

(a) When a youth has received an Assessment of Suicide Risk and has been determined to be a Potential Suicide Risk and is being maintained on Suicide Precautions, a Follow-Up Assessment of Suicide Risk must be conducted by a Mental Health Clinical Staff Person prior to a youth’s removal from Suicide Precautions.

(b) Documentation of Follow-Up Assessment of Suicide Risk shall be provided by the Mental Health Clinical Staff Person on the Follow-Up Assessment of Suicide Risk Form (MHSA 005, August 2006) which is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03788, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.

If a Follow-Up Assessment of Suicide Risk conducted by a non-licensed Mental Health Clinical Staff Person indicates the youth is not a Potential Suicide Risk, documentation of the Licensed Mental Health Professional’s concurrence with Follow-Up Assessment of Suicide Risk findings is required prior to the youth’s removal from Suicide Precautions and transition to normal routine.

(c) The Follow-Up Assessment of Suicide Risk Form (MHSA 005) must be filed in the Active Mental Health/Substance Abuse Treatment File until permanently filed in the youth’s Individual Healthcare Record.

(3) Assessment of Suicide Risk or Follow-Up Assessment of Suicide Risk shall be conducted by a Licensed Mental Health Professional or a non-licensed Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional.

(a) A non-licensed Mental Health Clinical Staff Person conducting an Assessment of Suicide Risk or a Follow-Up Assessment of Suicide Risk shall meet the education and training requirements specified in Rule 63N-1.0031, F.A.C., and must have received at least 20 hours training and supervised experience in assessing suicide risk, Mental Health Crisis Intervention and emergency mental health services. The non-licensed Mental Health Clinical Staff Person’s training hours must have included administration of five, individual one-to-one, Assessments of Suicide Risk or Crisis Assessments conducted onsite in the physical presence of a Licensed Mental Health Professional.

(b) The non-licensed Mental Health Clinical Staff Person’s 20 hours of training and supervised experience shall be provided by a Licensed Mental Health Professional and shall be documented on the Documentation of Non-Licensed Mental Health Clinical Staff Person’s Training in Assessment of Suicide Risk Form (MHSA 022) or a form developed by the program which contains all the information required in form MHSA 022. The Documentation of Non-Licensed Mental Health Clinical Staff Person’s Training in Assessment of Suicide Risk Form (MHSA 022, October 2007) is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03789, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.

Face-to-face interview of the youth,
Review of available collateral information,
Details of the information obtained by the assessment, including youth statements, behavioral observations, and collateral information,

(d) The Mental Health Clinical Staff Person conducting the Assessment of Suicide Risk or Follow-Up Assessment of Suicide Risk shall notify the facility superintendent or program director or his/her designee of the assessment findings and any instructions or recommendations made by the Licensed Mental Health Professional.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.00931 Licensed Mental Health Professional’s Off-Site Review of Assessment or Follow-Up Assessment of Suicide Risk

In the circumstance where an Assessment of Suicide Risk or Follow-Up Assessment of Suicide Risk is conducted by a non-licensed Mental Health Clinical Staff Person within 24 hours of the referral but cannot be reviewed by a Licensed Mental Health Professional within 24 hours of the referral through face-to-face interaction, the Licensed Mental Health Professional shall accomplish a review of the Assessment of Suicide Risk or Follow-Up Assessment of Suicide Risk within 24 hours of the referral through one of the following methods:

(1) Verbal consultation through telephonic communication with the non-licensed Mental Health Clinical Staff Person detailing the Assessment of Suicide Risk or Follow-Up Assessment of Suicide Risk findings.

(a) The verbal consultation shall be documented and summarized in the Assessment of Suicide Risk Form (MHSA 004) or Follow-Up Assessment of Suicide Risk Form (MHSA 005) by the non-licensed Mental Health Clinical Staff Person, including any instructions or recommendations made by the Licensed Mental Health Professional.

(b) The form MHSA 004 or form MHSA 005 shall be reviewed and signed by the Licensed Mental Health Professional the next scheduled time he/she is onsite.

(2) Verbal consultation through telephonic communication and electronically transmitted communications such as email between the non-licensed Mental Health Clinical Staff Person and Licensed Mental Health Professional detailing the Assessment of Suicide Risk or Follow-Up Assessment of Suicide Risk findings.

(a) The verbal consultation and e-mail communications shall be documented and summarized in the Assessment of Suicide Risk Form (MHSA 004) or Follow-Up Assessment of Suicide Risk Form (MHSA 005) by the non-licensed Mental Health Clinical Staff Person, including any instructions or recommendations made by the Licensed Mental Health Professional.

(b) The form MHSA 004 or form MHSA 005 and email must be reviewed and signed by the Licensed Mental Health Professional the next scheduled time he/she is onsite.

(3) Verbal consultation through telephonic communication and off-site review of an electronically transmitted or faxed copy of the completed Assessment of Suicide Risk Form (MHSA 004) or Follow-Up Assessment of Suicide Risk Form (MHSA 005).

(a) The Licensed Mental Health Professional shall fax or electronically transmit confirmation the Assessment of Suicide Risk Form (MHSA 004) or Follow-Up Assessment of Suicide Risk Form (MHSA 005) was reviewed and whether he or she concurs with the findings.

(b) The faxed or electronic transmission of form MHSA 004 or form MHSA 005 shall be placed in the youth’s mental health file.

(c) The original form MHSA 004 or form MHSA 005 must be signed as reviewer by the Licensed Mental Health Professional the next scheduled time he/she is onsite.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0094 Assessment of Suicide Risk Performed Off-Site of the Facility or Program

(1) When an Assessment of Suicide Risk is conducted off-site of the facility or program, documentation of the assessment shall be requested by the juvenile justice representative responsible for the youth during the off-site assessment.

(2) Upon the youth’s return from an off-site Assessment of Suicide Risk, the youth must be placed on Constant Supervision until a Mental Health Clinical Staff Person reviews the off-site assessment document and determines the mental health status of the youth based on the off-site assessment findings and administration of a Mental Status Examination by the Mental Health Clinical Staff Person.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0095 Suicide Precaution Methods

Detention Centers, residential commitment programs and day treatment programs must utilize either Precautionary Observation or Secure Observation as a Suicide Precaution method when a youth is identified as having Suicide Risk Factors, or determined to be a Potential Suicide Risk. The decision whether to use Secure Observation or Precautionary Observation as a Suicide Precaution method for a particular youth shall be made by the superintendent or program director and Designated Mental Health Clinician Authority or other Licensed Mental Health Professional.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.00951 Precautionary Observation

(1) Precautionary Observation shall be utilized as a Suicide Precaution method in Detention Centers, residential commitment programs and day treatment programs.

(2) A youth shall be placed on Precautionary Observation if the youth is identified by intake screening or staff observations as having Suicide Risk Factors, or is determined to be a Potential Suicide Risk by an Assessment of Suicide Risk and the youth’s Suicide Risk Behaviors indicates that his/her condition requires observation and monitoring beyond that which is normally provided, but is not in need of Secure Observation. Precautionary Observation shall not be used for youth who present an Imminent Threat of Suicide. Such youth shall be referred for emergency mental health services as set forth in Rule 63N-1.011, F.A.C.

(3) A youth on Precautionary Observation shall be limited to activities in the safe housing areas in the facility or program. The safe housing areas must meet the following specifications:

(a) The areas must be designed to eliminate or prohibit devices or materials which might aid in self-harm such as devices or materials which would enable a youth to hang him/herself, sharp objects which could be used to inflict physical damage to self or others or materials or substances which would enable the youth to burn or poison him/herself.

(b) The areas must be immediately accessible to the direct care staff maintaining Constant Supervision of the youth.

(c) The safe housing areas shall not limit the youth’s activity to an individual cell, whether locked or unlocked, or a confinement room of any kind, nor shall it restrict a youth to his/her sleeping room as a suicide precaution.

(d) The safe housing areas of the facility shall be regularly inspected to ensure that the area is safe and secure. Documented daily safety/security checks of the facility will suffice as an inspection provided that the daily safety/security checks include the areas of the facility designated for Precautionary Observation.

(4) The At Risk youth shall be permitted to participate in selected activities with other youths in the DJJ facility/program while being maintained on Precautionary Observation.

(5) Youth Placement on Precautionary Observation.

(a) The superintendent/program director or designee shall confer with the facility’s Designated Mental Health Clinician Authority or Licensed Mental Health Professional as to the whether Precautionary Observation is appropriate for a specific youth.

(b) When the decision has been made to place a youth on Precautionary Observation, the superintendent/program director or designee shall identify in writing the specific safe housing areas of the facility and activities which the youth will be allowed to utilize, based upon the individualized needs of the youth. The safe housing areas of the facility and activities will be documented on the Suicide Precautions Observation Log (MHSA 006, August 2006) which is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03790, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.

(6) Youths placed on Precautionary Observation shall receive Mental Health Supportive Services, based upon the individualized needs of the youth as determined by the Mental Health Clinical Staff Person. Mental Health Supportive Services shall be documented in the youth’s Active Mental Health/Substance Abuse File and reviewed and signed by a Licensed Mental Health Professional if provided by a non-licensed Mental Health Clinical Staff Person.

(7) Supervision Requirements for Precautionary Observation.

(a) The staff person assigned to monitor the youth in a Precautionary Observation area shall maintain One-to-One Supervision or Constant Supervision of the youth and document his/her observations of the youth’s behavior on the Suicide Precautions Observation Log (MHSA 006) at 30 minute intervals. The Suicide Precautions Observation Log (MHSA 006) is reviewed and signed by the shift supervisor each shift and by a Mental Health Clinical Staff Person daily.

(b) The shift supervisor is responsible for ensuring that a listing of youths currently placed on Precautionary Observation is passed on to the next shift, and that any concerns or observations regarding youths on Precautionary Observation shall be documented and communicated to the next shift.

(8) Discontinuation of Precautionary Observation.

(a) The Assessment of Suicide Risk findings and recommendations must be reviewed by the superintendent/program director or designee and Licensed Mental Health Professional. Based upon the Assessment of Suicide Risk findings, the Licensed Mental Health Professional and facility superintendent/program director or designee will determine whether Suicide Precautions are continued.

(b) If the Assessment of Suicide Risk findings and recommendations indicate the need for continued Suicide Precautions, the youth shall be maintained on Precautionary Observation until subsequent Follow-Up Assessment of Suicide Risk indicates Suicide Precautions may be discontinued and the facility superintendent, program director or and the Licensed Mental Health Professional concurs with the findings.

(c) If the Assessment of Suicide Risk or Follow-Up Assessment of Suicide Risk findings and recommendations indicate Suicide Precautions can be discontinued, and deemed appropriate by the Licensed Mental Health Professional and superintendent or program director or designee, the youth may be removed from Precautionary Observation and transitioned to normal routine as specified in Rule 63N-1.00953, F.A.C.

(d) Discontinuation of Precautionary Observation and supervision upon removal from Precautionary Observation shall be documented by Mental Health Clinical Staff and superintendent/program director, or designee, on the Assessment of Suicide Risk Form (MHSA 004) or the Follow-Up Assessment of Suicide Risk Form (MHSA 005), as applicable.

(9) Youths removed from Precautionary Observation shall continue to be monitored during the transition back into the facility/program’s normal routine, until deemed stable by the facility’s Designated Mental Health Clinician Authority or Licensed Mental Health Professional. The procedures set forth in Rule 63N-1.00953, F.A.C., shall be followed.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.00952 Secure Observation

(1) When less restrictive means of control are not effective, facilities and programs are authorized to utilize a Secure Observation Room for observation of an At Risk or Potential Suicide Risk youth who manifests behavior which constitutes a strong potential threat to the youth’s safety or to the safety of others For example, the At Risk youth appears extremely restless, agitated, fearful, or his/her behavior appears unpredictable, volatile or highly impulsive.

(a) A Secure Observation Room shall be used for observation of At Risk youths only when other less restrictive means of control are not effective or appropriate.

(b) The Secure Observation Room shall not be used for youth who present an Imminent Threat of Suicide. Such youth shall be transported for emergency mental health services as set forth in Rule 63N-1.011, F.A.C.

(2) If a Potential Suicide Risk youth requires placement in an individual cell, whether locked or unlocked, due to potentially self-injurious behavior or behavior which threatens the safety of others, Secure Observation shall be implemented.

(3) When a youth on Precautionary Observation requires placement in behavioral confinement or controlled observation, the youth must be placed in a Secure Observation Room. When a youth already on Secure Observation requires placement in behavioral confinement due to misbehavior, the youth must remain in the Secure Observation Room during behavioral confinement.

(4) Procedures for Placement in a Secure Observation Room.

(a) The superintendent, program director or designee shall confer with the Designated Mental Health Clinician Authority or other Licensed Mental Health Professional as to whether Secure Observation is appropriate for a specific youth. The superintendent, program director or designee’s consultation with the Licensed Mental Health Professional shall be documented on the Mental Health/Substance Abuse Referral Summary (MHSA 014) or a form developed by the program which contains all the information required in form MHSA 014.

(b) When the decision has been made to place a youth in a Secure Observation Room, the following shall occur:

The Secure Observation Room shall be inspected immediately prior to the youth’s placement to ensure that it is safe and secure.
A staff member of the same sex will conduct a visual check of the youth to determine if there are any observable injuries that would make placement in the Secure Observation Room inappropriate.

a. The Health Status Checklist (MHSA 008, August 2006) which is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03791, shall be completed to document the youth’s physical condition. The form MHSA 008 may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.

b. If a physical injury is observed, the youth complains of injury or illness, or the youth has been observed to have experienced a fall, impact or blow to such an extent that injury would be expected, medical personnel shall be immediately notified for an assessment and treatment prior to placement in a Secure Observation Room.

The youth must be searched by a staff member of the same sex.

a. At the time of the search, all jewelry, pocket items, hair ties, and hair pins must be removed.

b. All clothing items which could be used for self-injury such as shoes, shoelaces, socks, and belt must be removed. However, the youth shall not be stripped.

c. The youth shall not to be required to dress in any garment or put on any covering that is sexually revealing.

(5) A youth shall not remain in a Secure Observation Room for more than eight hours unless a Licensed Mental Health Professional has been consulted and agrees to a limited time extension. A Licensed Mental Health Professional must provide written concurrence for a youth to remain in a Secure Observation Room beyond 24 hours for any reason, including behavioral confinement.

(6) Each youth placed in a Secure Observation Room due to At Risk or Suicide Risk Behaviors shall be immediately referred for an Assessment of Suicide Risk. The youth in Secure Observation must receive an Assessment of Suicide Risk or Follow-Up Assessment of Suicide Risk within 8 hours of the youth’s placement in the Secure Observation Room for any reason, or if the youth is placed in the Secure Observation Room during the evening or night shift, the Follow-Up Assessment of Suicide Risk shall be conducted during the following morning shift.

(7) Structural Specifications of a Secure Observation Room. The structure of a Secure Observation Room shall meet the following specifications:

(a) Size: A minimum of 35 square feet of unencumbered space. Unencumbered space is usable space that is not encumbered by any furnishing or fixture. At least one dimension of the unencumbered space is no less than 7 feet.

(b) Doors: Solid core hardwood or metal that has a shatter-resistant observation window or metal frame with wire mesh (holes no larger than 3/16 inch). The door observation window must permit constant visual and sound monitoring of the youth. A door with bars or expanded metal door is acceptable if small wire mesh or lexan shields the bars from the inside.

(d) Ceilings: Solid, single piece ceiling which is out of the youth’s reach and has no appendages that can be grasped or tied onto with cloth or other materials.

(e) Vents: Must be covered with small mesh or a metal plate (holes no larger than 3/16 inch). Vents must be unreachable to the youth. Edges of wire mesh or metal covering must not be exposed. Vents should not be immediately accessible from the toilet, sink or bed.

(f) Lighting: Light fixtures should be recessed and covered with shatter-resistant material such as lexan.

(g) Windows: Must be made of shatter-resistant material or glass windows that are not shatter resistant must be covered with security-rated screens or other materials that prevent access to the glass.

(h) Toilet/Sink: Fixtures must be smooth and devoid of handles or parts that cloth or other material could be tied to or hung from. Must be mounted against the wall with water shut off valve outside of room.

(i) Electrical Switches/Outlets: Electrical outlets are not permitted and switches must be located outside the room.

(j) Beds: Must provide a security-rated plastic mattress suitable for floor use or suicide resistant bed. The bed must be anchored to the floor or secured to the wall, be of one piece construction (no springs) must be no higher than 18 inches from the floor and have a plastic fire retardant mattress.

(8) Mental Health Supportive Services shall be provided to the youth being maintained on Secure Observation, based upon the individualized needs of the youth as determined by Mental Health Clinical Staff.

(9) Youths placed in a Secure Observation Room shall be maintained on One-to-One Supervision while in the Secure Observation Room.

(a) The staff person assigned to observe the youth in Secure Observation must record observations of the youth’s behavior in the Secure Observation Room on the Suicide Precautions Observation Log (MHSA 006). The Suicide Precautions Observation Log (MHSA 006) is reviewed and signed by the shift supervisor each shift and by a Mental Health Clinical Staff Person daily.

(b) The shift supervisor shall be responsible for ensuring that a listing of youths currently placed on Secure Observation is passed on to the next shift, and that any concerns or observations regarding youths on Secure Observation have been documented and communicated to the next shift.

(c) When it is necessary to temporarily remove the youth from the Secure Observation Room for any reason, the youth shall be searched again before being placed back into the Secure Observation Room.

(10) Discontinuation/Termination of Secure Observation.

(a) The At Risk youth shall be maintained on Secure Observation until he or she has received an Assessment of Suicide Risk or Follow-Up Assessment of Suicide Risk by, or under the direct supervision of, a Licensed Mental Health Professional.

(b) The Assessment of Suicide Risk or Follow-Up Assessment of Suicide Risk findings and recommendations shall be reviewed by the superintendent/program director or designee. Based upon the Assessment of Suicide Risk findings, the Licensed Mental Health Professional and facility superintendent/program director or designee will determine whether Secure Observation is to be continued.

(c) When Assessment of Suicide Risk findings/recommendations indicate the need for continued Suicide Precautions, the following shall occur:

Documentation that the Licensed Mental Health Professional concurs with the Assessment of Suicide Risk findings/recommendations and that continued Suicide Precautions through either a limited time extension of placement in Secure Observation or placement of the youth on Precautionary Observation is required.
Unless there is a specific recommendation in the Assessment of Suicide Risk that the youth shall remain in Secure Observation, the youth shall be removed from the Secure Observation Room and Suicide Precautions continued by placing the youth on Precautionary Observation.
The youth shall remain on Secure Observation or Precautionary Observation until subsequent Follow-Up Assessment of Suicide risk conducted by, or under the direct supervision of a Licensed Mental Health Professional, indicates Suicide Precautions may be discontinued.

(d) The discontinuation of Secure Observation and initiation of Precautionary Observation shall be documented by the superintendent or program director or designee on the Suicide Precautions Observation Log (MHSA 006) and in the facility log, and must be documented in the youth’s Active Mental Health/Substance Abuse File by the Mental Health Clinical Staff.

(e) If an At Risk youth in Secure Observation due to behavioral confinement receives a Follow-Up Assessment of Suicide Risk which indicates that the youth is no longer a suicide risk, he/she may be removed from the Secure Observation Room and transitioned to a normal routine. However, if the youth cannot be transitioned to a normal routine because he/she must continue behavioral confinement, then the youth must remain in Secure Observation and on Suicide Precautions until behavioral confinement is concluded.

A Licensed Mental Health Professional shall provide written concurrence for a youth to remain in a Secure Observation Room beyond 24 hours for any reason, including behavioral confinement.
If the youth is in Secure Observation due to behavioral confinement and the Licensed Mental Health Professional does not concur with a youth’s continued placement in Secure Observation due to his/her deteriorating mental health status, the Licensed Mental Health Professional shall immediately notify the facility superintendent or designee of his/her recommendation that Secure Observation and behavioral confinement be discontinued, and the youth must either be placed on Precautionary Observation with One-to-One Supervision or transported for emergency mental health services.

(f) When deemed appropriate by the Licensed Mental Health Professional and superintendent/program director or designee, the youth shall be removed from Suicide Precautions (Secure Observation and/or Precautionary Observation).

Documentation of the Assessment of Suicide Risk or Follow-Up Assessment of Suicide Risk findings which indicate Suicide Precautions may be discontinued shall be reviewed by a Licensed Mental Health Professional prior to the youth’s removal from Suicide Precautions.
Documentation that the Licensed Mental Health Professional concurs with the removal of Suicide Precautions (Secure Observation or Precautionary Observation) and the superintendent/program director or designee’s written authorization is required for removal of a youth from Suicide Precautions.

(g) Discontinuation of Secure Observation and step-down to Close Supervision must be documented on the Assessment of Suicide Risk Form (MHSA 004) or Follow-Up Assessment of Suicide Risk Form (MHSA 005).

(11) The youth being removed from Secure Observation shall be placed on Close Supervision during transition back into the facility/program’s normal routine, until deemed stable by the Designated Mental Health Clinician Authority or a Licensed Mental Health Professional. The procedures set forth in Rule 63N-1.00953, F.A.C., shall be followed.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.00953 Monitoring of Youth Upon Removal from Precautionary Observation or Secure Observation – General Requirements

(1) Transition to Standard Supervision. The youth placed on Precautionary Observation prior to an Assessment of Suicide Risk who receives an Assessment of Suicide Risk and is not found to be a Potential Suicide Risk may be transitioned directly to standard supervision.

(2) Step-Down to Close Supervision and Normal Routine.

(a) Close Supervision shall be initiated for any youth who had been placed or maintained on Precautionary Observation following an Assessment of Suicide Risk which identified the youth as a Potential Suicide Risk.

(b) Close Supervision shall be initiated for any youth being removed from Secure Observation or who was in a Secure Observation Room at any time during Suicide Precautions.

(c) Close Supervision shall be maintained until determined no longer necessary by the Designated Mental Health Clinician Authority or other Licensed Mental Health Professional in the facility or program.

(d) The facility or program’s Mental Health Clinical Staff shall maintain regular contact with the youth for support and to determine changes in his or her status during Close Supervision.

(3) Discontinuation of Close Supervision shall be documented in the youth’s Active Mental Health/Substance Abuse File or mental health section of the Individual Healthcare Record by a Mental Health Clinical Staff Person and reviewed and signed by a Licensed Mental Health Professional if documented by a non-licensed Mental Health Clinical Staff Person. The superintendent or program director or designee shall document discontinuation of Close Supervision in the facility log.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.00954 Administrative and Clinical Review of Suicide Precautions

(1) The superintendent/program director or assistant superintendent/assistant program director and a Licensed Mental Health Professional must review the Suicide Precautions Observation Log (MHSA 006) to determine whether the use of Suicide Precautions was appropriate in each instance.

(2) If the use of Precautionary Observation or Secure Observation is determined to have been inappropriate or not in compliance with this rule, the superintendent or program director shall initiate corrective action to address any deficiencies in implementation of Suicide Precautions.

(3) Each facility must maintain a monthly log which tracks each incident of the use of Secure Observation. This log must contain the name of each youth placed in the Secure Observation Room and the date and time of the youth’s placement in and release from the Secure Observation Room.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0096 Immediate Response to a Suicide Attempt or Incident of Serious Self-Inflicted Injury

(1) Each facility’s quarterly mock drills of a Suicide Attempt or Incident of Serious Self-Inflicted Injury must include action to be taken by staff in such circumstances as follows:

(a) Methods for contacting other facility staff by radio or call for backup support, medical personnel and emergency medical services (911);

(b) Provision of life saving measures such as cardiopulmonary resuscitation (CPR) and use of the Suicide Response Kit per established protocol;

(2) Facilities and programs shall maintain a Suicide Response Kit as follows:

(a) In facilities with a control station/office, each control station/office must contain a Suicide Response Kit.

(b) In facilities with subcontrol stations/offices, each subcontrol station/office must contain a Suicide Response Kit.

(c) In small facilities with only a check-in station/office, the check-in station/office must contain a Suicide Response Kit.

(d) The Suicide Response Kit shall be properly safeguarded and maintained as follows:

Each Suicide Response Kit shall contain emergency rescue tools: “Suicide Rescue Tool,” wire cutters, and needle nose pliers. The Suicide Response Kit shall also contain first aid items such as a one-way CPR mask, microshield or face shield, non-latex gloves and first aid supplies.
The Suicide Response Kit shall be sealed when not in use. Once the seal is broken, the Suicide Response Kit shall be inventoried, each emergency rescue tool recovered, and any missing first aid items recovered or replenished and then re-sealed.
All staff who come into contact with youths must know the location of the Suicide Response Kit and be trained in its use.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0097 Notifications When a Youth on Suicide Precautions is Released, Transferred or Discharged

For youths on Suicide Risk Alert or Suicide Precautions immediately prior to release, transfer or discharge from a Detention Center, residential commitment program or day treatment program, verbal and written notification of the youth’s suicide risk status and need for Assessment of Suicide Risk must be provided and documented as follows:

(1) Youth is to be released or transferred from a Detention Center.

(a) If the youth is being released to the parent or guardian, the parent or guardian must be provided the Detention Suicide Risk Parent/Guardian Notification Form (MHSA 009) and the parent or guardian must sign the form. The Detention Suicide Risk Parent/Guardian Notification Form (MHSA 009, October 2007) is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03792, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399. A copy of form MHSA 009, signed by the parent or guardian, is to be permanently filed in the youth’s case management record and Individual Healthcare Record.

(b) If the youth is to be transferred to another DJJ facility, a jail or hospital, the facility superintendent or program director where the youth is to be transferred must be notified verbally and by email of the youth’s suicide risk status prior to discharge from the Detention Center. The notification of suicide risk must be documented and permanently filed in the youth’s Individual Healthcare Record.

(2) Youth is being released or transferred from a residential commitment program.

(a) If the youth is to be released to the parent or guardian, the parent or guardian must be verbally informed and provided written notification of the youth’s suicide risk status prior to discharge from the residential commitment program. The notification of suicide risk must be documented and permanently filed in the youth’s Individual Healthcare Record.

(3) Youth is being released from a day treatment program.

(a) If the youth is released to the physical custody of the parent or guardian, the parent or guardian must be informed that suicide risk findings were disclosed during screening and that an Assessment of Suicide Risk should be conducted by a Mental Health Provider within 24 hours.

The parent or guardian must be provided the Suicide Risk Screening Parent/Guardian Notification Form (MHSA 003) and the parent or guardian must sign the form.
A copy of form MHSA 003, signed by the parent or guardian, is to be permanently filed in the youth’s case management record and Individual Healthcare Record.

(b) If the parent/guardian is responsible for obtaining an off-site Assessment of Suicide Risk for the youth, the following action must be taken upon the youth’s return to the day treatment program:

The parent/guardian must either provide a copy of the off-site assessment documentation to the day treatment program, or sign consent for release of the assessment documentation to the program.
When the parent/guardian provides an off-site Assessment of Suicide Risk, the off-site assessment must be reviewed by Mental Health Clinical Staff to determine if there are any recommendations regarding increased supervision or service delivery for the youth while he/she is in the program.
When the parent/guardian provides written consent for release of the off-site Assessment of Suicide Risk, the program must obtain a copy of the off-site assessment as soon as possible, and provide it to Mental Health Clinical Staff for review.
If the parent/guardian has not obtained an off-site Assessment of Suicide Risk for the youth, the youth must be placed on Suicide Precautions and referred to the facility’s Mental Health Provider for administration of an Assessment of Suicide Risk in accordance with Rule 63N-1.0093, F.A.C.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0098 Serious Suicide Attempt or Serious Self-Inflicted Injury Review and Mortality Review

(1) The facility superintendent or program director shall establish a review process for every Suicide Attempt or Serious Self-Inflicted Injury requiring hospitalization or medical attention and a mortality review for a completed suicide.

(2) The serious Suicide Attempt or Serious Self-Inflicted Injury review process and mortality review process shall be multidisciplinary, involving administrative, direct care, mental health and medical personnel and include a critical inquiry of the following:

(a) The circumstances surrounding the incident;

(b) Facility procedures relevant to the incident;

(d) Pertinent medical and mental health services involving the victim;

(e) Possible precipitating factors leading to the Suicide Attempt, Serious Self-Inflicted Injury or completed suicide;

(f) Recommendations, if any, for changes in policy, training, physical plant, medical or mental health services and/or operational procedures shall be made in writing.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.010 Mental Health Crisis Intervention Services

(1) Each Detention Center, residential commitment program and day treatment program must have a written crisis intervention plan which includes the following:

(a) Verbal de-escalation and Protective Action Response as defined and set forth in Chapter 63H-1, F.A.C. Physical intervention techniques and restraining devices that are not authorized under DJJ Chapter 63H-1, F.A.C., shall not be used.

(b) Notification of the facility superintendent, program director or designee and Mental Health Clinical Staff of a youth’s Acute Emotional or Psychological Distress which may pose a safety/security risk through the facility’s alert process in accordance with Rule 63N-1.006, F.A.C. Notification procedures must also be in place to inform the youth’s parent/legal guardian and Juvenile Probation Officer of the youth’s Crisis.

(c) The procedures for referring youths whose Acute Emotional or Psychological Distress does not respond to ordinary crisis intervention to onsite or off-site Licensed Mental Health Professionals, Mental Health Providers or mental health facilities.

Referrals for Mental Health Crisis Intervention may be made by facility/program staff or by youth self-referral.
Youths identified as having Acute Emotional or Psychological Distress which may pose a safety/security risk must be immediately referred to a Mental Health Clinical Staff Person.
Youths experiencing an emotional Crisis to such a degree that he/she perceives the need for urgent professional assistance shall be permitted to request Mental Health Crisis Intervention.
Referrals for Mental Health Crisis Intervention, including youth self-referrals, shall be recorded on the Mental Health/Substance Abuse Referral Summary Form (MHSA 014), or a form developed by the program containing, all the information required in form MHSA 014.

(d) Procedures for communication between direct care staff, supervisory staff, administrative staff and Mental Health Clinical Staff regarding the status of the youth must exist to provide clear and current information and instructions and urgent care, as needed.

(e) For youths in Crisis placed on Mental Health Alert, the crisis intervention plan must reflect supervision levels provided in Rule 63N-1.006, F.A.C.

(f) Procedures for documenting the Crisis situation or event, staff response to the Crisis, referral to and consultation with a Mental Health Clinical Staff Person, and instructions of the Licensed Mental Health Professional, the Crisis Assessment, and mental health support services.

(g) The crisis intervention plan must specify the procedures for administrative and clinical review of crises which require mental health intervention.

(2) Integrated Mental Health Crisis Intervention and Emergency Mental Health/Substance Abuse Plan. The facility/program may develop an integrated Mental Health Crisis Intervention and emergency mental health and substance abuse services plan which contain and meet all of the elements listed in this section and Rule 63N-1.011, F.A.C.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0101 Mental Health Crisis Assessment

(1) The superintendent/program director or designee is responsible for consulting the Designated Mental Health Clinician Authority or Licensed Mental Health Professional who conducts or supervises mental health evaluations at the facility to discuss the youth’s Crisis and associated behaviors.

(a) The superintendent/program director or designee and Designated Mental Health Clinician Authority or other Licensed Mental Health Professional shall confer on those cases viewed as urgent and if it is determined that a mental health emergency exists, the youth shall be transported for emergency mental health services as set forth in Rule 63N-1.011, F.A.C.

(b) The superintendent/program director or designee must document consultation with the Designated Mental Health Clinician Authority or other Licensed Mental Health Professional and referral for Crisis Assessment on form MHSA 014 or a form developed by the program containing all the information required in form MHSA 014.

(c) A Crisis Assessment is utilized only when the youth’s Acute Emotional or Psychological Distress or Crisis is not associated with Suicide Risk Factors or Suicide Risk Behaviors. If the youth’s behavior or statements indicate possible suicide risk, the youth must receive an Assessment of Suicide Risk instead of a Crisis Assessment.

(2) The Crisis Assessment must be documented on the Crisis Assessment Form (MHSA 023) or a form developed by the program which contains all the information required in form MHSA 023. The Crisis Assessment Form (MHSA 023, September 2010) is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03793, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.

(a) The Crisis Assessment must include a face-to-face interview of the youth and review of available collateral information. The Crisis Assessment shall provide details of the information obtained by the assessment (i.e., youth statements, behavioral observations, collateral information).

(b) The Crisis Assessment must be conducted by a Licensed Mental Health Professional or a non-licensed Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional.

(c) A Crisis Assessment conducted by a non-licensed Mental Health Clinical Staff Person must be reviewed by a Licensed Mental Health Professional within 24 hours of the referral.

(d) In the circumstance where the Crisis Assessment is conducted by a non-licensed Mental Health Clinical Staff Person but cannot be reviewed by a Licensed Mental Health Professional within 24 hours through face-to-face interaction, the Licensed Mental Health Professional may accomplish a review of the Crisis Assessment within 24 hours of the referral through in-person, telephonic or electronic consultation.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0102 Crisis Intervention Services and Mental Health Alerts

(1) When a youth has received a Crisis Assessment and has been determined to exhibit behaviors which pose a potential safety or security risk in the facility or program, the following must occur:

(a) The youth must be maintained or continue to be coded as a “Mental Health Alert,” and Mental Health Supportive Services provided.

(b) A youth determined through Crisis Assessment to exhibit behaviors which pose a potential safety or security risk must remain on “Mental Health Alert” status until a subsequent Mental Status Examination determines that the youth’s mental health Crisis is resolved and no longer poses a potential safety or security risk.

(2) Follow-up Mental Status Examination of the youth must be conducted by a Licensed Mental Health Professional or a Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional.

(a) The Follow-up Mental Status Examination must be documented in the youth’s Crisis Assessment Form (MHSA 023) or a form developed by the program which contains all the information required in form MHSA 023.

(b) The follow-up Mental Status Examination, if conducted by a non-licensed Mental Health Clinical Staff Person must be reviewed and signed as reviewer by a Licensed Mental Health Professional.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.0103 Off-Site Crisis Assessments

(1) When a Crisis Assessment is conducted outside of the facility, documentation of the assessment shall be requested by the juvenile justice representative responsible for the youth during the off-site assessment.

(2) Upon the youth’s return from an off-site Crisis Assessment, the youth must be placed on Constant Supervision until a Mental Health Clinical Staff Person reviews the off-site assessment documents and determines the mental health status of the youth based on the off-site assessment findings and administration of a follow-up Mental Status Examination to the youth.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.011 Emergency Mental Health and Substance Abuse Services

Each Detention Center, residential commitment program and day treatment program must have a written mental health and substance abuse emergency response plan which includes the following components:

(1) Direct care staff and other facility staff shall be trained to immediately respond to mental health or substance abuse emergencies. Training shall include:

(a) Recognition of signs and symptoms of a mental health or substance abuse emergency;

(b) Methods of obtaining back-up security and/or medical assistance in the facility;

(d) Administration of first aid and cardiopulmonary resuscitation;

(e) Staff access to and use of the Suicide Response Kit and cut down tools as specified in Rule 63N-1.0096, F.A.C.

(2) Procedures for notification of onsite facility personnel of the mental health or substance abuse emergency and to notify the superintendent or program director and Designated Mental Health Clinician Authority if he/she is off-site at the time of the emergency. The youth’s parent/legal guardian and Juvenile Probation Officer (JPO) must also be notified of the youth’s mental health or substance abuse emergency. Documentation of parent/legal guardian and JPO notification of the youth’s emergency and attempts to contact the parent/legal guardian or JPO must be filed in the youth’s Individual Healthcare Record.

(3) Procedures for communication between facility staff and Mental Health Clinical Staff or Substance Abuse Clinical Staff and/or medical staff regarding the status of the youth must exist to provide clear and current information and instructions.

(4) One-to-One Supervision of the youth shall be maintained while the youth is in the DJJ facility or program until authorized release to emergency personnel.

(5) Staff shall immediately contact emergency medical services (9-1-1) in the event of a mental health or substance abuse emergency that requires emergency medical treatment.

(6) Procedures must be in place for contacting the designated law enforcement agency and arranging for transportation of a youth believed to be mentally ill from the facility to a mental health receiving facility as specified in Section 394.462, F.S.

(7) Procedures for transporting a youth who is believed to be substance abuse impaired for emergency admission to a hospital, licensed detoxification facility or addictions receiving facility as specified in Sections 397.675 and 397.677, F.S.

(8) Procedures for documenting the mental health or substance abuse emergency, staff response to the mental health or substance abuse emergency, instructions of Mental Health Clinical Staff, Substance Abuse Clinical Staff and/or medical staff, and authorization for transfer.

(9) All staff who work with youths must be trained in emergency response procedures. Each facility or program must provide semi-annual training on emergency response procedures which include “mock” training in emergency response to a Suicide Attempt or incident of Serious Self-Inflicted Injury.

(10) Procedures for administrative review and a Licensed Mental Health Professional’s review of mental health and substance abuse emergency procedures and critical incidents.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.012 Off-Site Emergency Evaluations

(1) Off-Site Emergency Mental Health Evaluations. Upon the youth’s return from an off-site mental health receiving facility, the youth must be placed on Constant Supervision until a Mental Health Clinical Staff Person, working under the direct supervision of a Licensed Mental Health Professional, reviews the off-site mental health evaluation or discharge summary and provides a follow-up Mental Status Examination of the youth.

(2) Off-Site Emergency Substance Abuse Evaluations. Upon the youth’s return from a hospital, licensed detoxification facility or addictions receiving facility, the youth must be placed on Constant Supervision until a Qualified Professional reviews the off-site substance abuse evaluation or discharge summary and determines the substance abuse status and needs of the youth based on the off-site assessment documents.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.013 Services for Youths with Developmental Disability

(1) Facility staff shall be trained to recognize signs and symptoms of Developmental Disability. Examples of information and behaviors which suggests Developmental Disability include:

(a) Psychological testing or mental health evaluation indicate an Intelligence Quotient (IQ) below 70.

(b) School exceptional education classification of “Intellectual Disabilities” or “Autism Spectrum Disorder” as specified in Rules 6A-6.03011 and 6A-6.03023, F.A.C.

(d) The youth has difficulty understanding and answering age appropriate questions;

(e) The youth has difficulty understanding and following age appropriate directions, or

(f) The youth’s abilities appear far below other youths his/her age.

(2) Youths identified as possibly having a Developmental Disability must be placed on Constant Supervision until assessed by Mental Health Clinical Staff. Youths determined by Mental Health Clinical Staff to have Developmental Disability based on review of intelligence testing or administration of intelligence testing who are placed in a Detention Center or residential commitment program must be referred to the facility/program treatment team for development of an Individualized Mental Health Treatment Plan with behavior oriented goals.

(3) Determination of Developmental Disability.

(a) Assessment findings and recommendations regarding Developmental Disability shall be based upon administration or review of intelligence testing which includes the current edition of the Wechsler Intelligence Scale for Children (WISC), Wechsler Adult Intelligence Scale (WAIS) or Stanford-Binet Intelligence Scale (SB), and administration or review of adaptive behavior functioning testing. Accepted tests for adaptive behavior functioning include: Vineland Adaptive Behavior Scales, Adaptive Behavior Scale, Adaptive Behavior Assessment System, Adaptive Behavior Evaluation Scale, or Scales of Independent Behavior.

An exception is provided in the circumstance where a Licensed Mental Health Professional authorized to administer intelligence tests as specified in paragraph (b), below, determines that administration of the current edition of the Wechsler Intelligence Scale for Children (WISC), Wechsler Adult Intelligence Scale (WAIS) or Stanford-Binet Intelligence Scale (SB) is not appropriate due to the youth’s condition or impairment. An alternative standardized intelligence test, administered and interpreted in conformance with instructions provided by the producer of the test, may be used. The results of the alternative standardized intelligence test must include reference to published validity and reliability data for the specified test, and justification for use of the alternative test for the youth. Examples of alternative standardized intelligence tests include the Leiter International Performance Scale and Comprehensive Test of Non-Verbal Intelligence.
If an alternative standardized intelligence test is utilized, an adaptive behavior functioning test must also be administered as set forth in paragraph (a), above.

(b) Intelligence testing and adaptive behavior functioning tests shall be administered by a Licensed Mental Health Professional who is qualified by training, education and experience to render such evaluations and is authorized under their licensing board to provide such evaluations.

(c) Concurrent significant deficits in intellectual and adaptive behavior functioning must be present in the intelligence testing and adaptive behavior functioning testing in paragraph (a), above, for findings of Developmental Disability.

(4) Treatment Services for Youth with Developmental Disability.

(a) Youths who are placed in a residential commitment program designated for Developmental Disability treatment services shall be referred to the facility’s multidisciplinary treatment team for development of a Developmental Treatment Plan and Developmental Disability Clinical Treatment Services as specified in this section:

(b) Behavior Analysis Services shall be provided by a person who is a Board Certified Behavior Analyst, a Certified Behavior Analyst, a Psychologist licensed under Chapter 490, F.S., or a Licensed Clinical Social Worker, Licensed Mental Health Counselor or Licensed Marriage and Family Therapist licensed under Chapter 491, F.S., with more than three years experience post certification or licensure.

(c) Therapy to promote social skills and life skills of youths with Developmental Disability. For example, therapy focusing on improved coping skills or interpersonal problem solving skills or anger replacement therapy shall be provided by a Licensed Mental Health Professional or a non-licensed Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional.

(d) Mental health services for youths with Developmental Disability and Mental Disorder shall be provided by a Licensed Mental Health Professional or a non-licensed Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional as specified in Rules 63N-1.0033, and 63N-1.0081, F.A.C.

(e) Substance abuse services for youths with Developmental Disability and Substance-Related Disorder shall be provided by a Licensed Qualified Professional or a Substance Abuse Clinical Staff Person as specified in Rules 63N-1.0034, and 63N-1.0082, F.A.C.

(f) Developmental Disability Clinical Treatment Services shall be documented in a progress note/treatment note written by the clinician who provided the service.

(5) Treatment Planning and Discharge Planning.

(a) An Individualized Developmental Treatment Plan is required when a youth enters Developmental Disability treatment.

(b) The Individualized Developmental Treatment Plan shall be developed by a multidisciplinary treatment team, including a Board Certified Behavior Analyst, Certified Behavior Analyst, or person licensed under Chapter 490 or 491, F.S., and the youth. Development of an Individualized Developmental Treatment Plan must include the youth’s parent or legal guardian, unless there is documentation of a reason for the parent or legal guardian’s non-involvement in treatment planning.

(c) The Individualized Developmental Treatment Plan must be completed within 30 days of the youth’s admission to the program.

(d) The Individualized Developmental Treatment Plan must contain the following elements:

The specific developmental, behavioral, and life skills needs that will be the focus of treatment,
Developmental Disability Clinical Treatment goals and objectives, written in achievable and measurable terms, which are responsive to the youth’s Developmental Disorder and address specific behaviors, symptoms, skill deficits, strengths and needs of the youth,
The Developmental Disability interventions/strategies to be provided and target dates for completion,
The youth’s functional strengths/abilities and needs which may affect his/her success in treatment,
The plan must contain the signature of the youth, the multidisciplinary treatment team members who participated in the development of the plan and a Board Certified Behavior Analyst, Certified Behavior Analyst, a Psychologist licensed under Chapter 490, F.S., or a Licensed Clinical Social Worker, Licensed Mental Health Counselor or Licensed Marriage and Family Therapist licensed under Chapter 491, F.S.

a. When a youth in a residential commitment program is identified as an Agency for Persons with Disabilities (APD) client, the residential commitment program shall request and encourage the APD waiver support coordinator to participate in the youth’s multidisciplinary treatment team meetings.

b. When a youth in a residential commitment program has a current behavior support plan or case plan through the Agency for Persons with Disabilities (APD), the program shall coordinate the youth’s Individualized Developmental Treatment Plan with the youth’s APD plan for related issues.

(6) Integrated Developmental and Mental Health/Substance Abuse Treatment Plans. Youths diagnosed with Developmental Disability and Mental Disorder and/or Substance-Related Disorder shall receive integrated treatment services based upon an integrated developmental and mental health/substance abuse treatment plan.

(a) The integrated developmental and mental health/substance abuse treatment plan shall be developed with the input of Developmental Disability and Mental Health Clinical Staff and/or Substance Abuse Clinical Staff.

(b) The integrated developmental and mental health/substance abuse treatment plan shall include the elements described in paragraph (d), above, and Rule 63N-1.007, F.A.C.

(7) A review of the Individualized Developmental Treatment Plan must be conducted by the multi-disciplinary treatment team every 30 days as set forth in Rule 63N-1.007, F.A.C.

(8) During the final phase of Developmental Disability treatment, the multidisciplinary treatment team and youth shall establish a discharge plan whereby improvements made during treatment will be maintained upon the youth’s movement from one facility to another, or return to his/her community.

(a) The discharge plan shall document the focus and course of the youth’s Developmental Disability treatment, and recommendations for services upon the youth’s movement out of the facility.

(b) The discharge plan shall be discussed with the youth, parent/legal guardian (when available) and Juvenile Probation Officer prior to the youth’s release from the facility or program. For committed youths served by the Agency for Persons with Disabilities (APD) or the Department of Children and Families (DCF), the residential commitment program shall invite representatives from APD or DCF to the youth’s transition and exit conferences in accordance with subparagraphs 63E-7.010(10)(a)1., and 63E-7.010(10)(b)1., F.A.C.

(c) A copy of the discharge plan will be provided to the youth, the youth’s assigned Juvenile Probation Officer and to the parent/legal guardian, unless there is documentation of a reason for the parent or legal guardian’s non-involvement in treatment planning.

(9) Suicide Prevention, Mental Health Crisis Intervention and Emergency Mental Health and Substance Abuse Services provisions in this rule apply to the provision of Developmental Disability services.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.014 Consent Requirements Applicable to Mental Health Services and Psychotropic Medication

(1) The Authority for Evaluation and Treatment (AET) Form (HS 002) incorporated in Rule 63M-2.0051, F.A.C., is the means by which the department obtains the consent of the parent or legal guardian for routine health and mental health evaluation and treatment.

(2) The AET (HS 002) authorizes the department to provide physical health and mental health information to healthcare providers that are or will be treating a youth. It also authorizes healthcare providers to release physical health and mental health records to the department. The AET procedures provided in Rule 63M-2.0051, F.A.C., must be followed to obtain the parent or legal guardian’s consent for release of physical health and mental health information and records.

(a) The AET authorizes the department to arrange for, make available and facilitate mental health assessments and treatment with licensed Mental Health Providers or mental health facilities, including diagnostic assessment, psychological testing, and individual, group, and family therapy and/or counseling.

(b) The AET shall not authorize the commitment of a child to a residential facility licensed under Chapter 393 or 394, F.S., but is acknowledging commitment under Chapter 985, F.S.

(3) Unless revoked or modified by a youth’s parent or guardian or superseded by a court order addressing the provision of routine mental healthcare, an AET (HS 002) remains current and valid while the youth remains under the department’s supervision or custody or for one year after it is signed, whichever comes later. However, if a youth reaches 18 years of age while in the program and is not incapacitated, or is otherwise emancipated as provided in Section 743.01 or 743.015, F.S., the youth is responsible for authorizing his/her health care and authorizing release of his/her healthcare records.

(a) Except in the case of an incapacitated youth for whom the court has appointed a parent as the guardian, the facility or program shall not release any health or mental health information to a parent of a youth who is 18 years of age or older, or is otherwise emancipated as provided in Section 743.01 or 743.015, F.S., without the youth’s written consent.

(b) The program shall request the youth who is 18 years of age or older, or is otherwise emancipated as provided in Section 743.01 or 743.015, F.S., provide written consent for his or her parent or legal guardian to be contacted in the event of an emergency. If the youth does not provide consent for the parent or legal guardian to be contacted, the program shall request the youth designate in writing the person or persons who are to be contacted in the event of an emergency.

(4) The AET (HS 002) provides the parent/legal guardian’s authorization to continue administration of only those Psychotropic Medications for which the youth has a bona fide prescription at the time of his/her entry into the physical custody of the department, as long as there are no changes in the Psychotropic Medication dosage or route of administration.

(5) Whenever a new Psychotropic Medication is prescribed, Psychotropic Medication is discontinued, or the drug dosage is significantly changed, parental/legal guardian verbal consent for Psychotropic Medication is documented through the CPPN (form HS 006) at page 3 or a form containing all the information require in HS 006 at page 3, and written consent is documented on the Acknowledgment of Receipt of CPPN Form or Practitioner Form (HS 001) in accordance with Rule 63N-1.0085, F.A.C.

(6) Consent requirements for provision of Psychotropic Medication for youths in foster care whose parent or legal guardian’s rights have been terminated are addressed in Chapter 65C-35, F.A.C.

(7) The department’s Office of the General Counsel shall be notified in the following circumstances:

(a) The parent or legal guardian declines to sign the Authority for Evaluation and Treatment, or the parent or legal guardian’s location or identity is unknown.

(b) The parent or legal guardian verbally revokes the Authority for Evaluation and Treatment and is unwilling, unable or unavailable to provide written revocation.

(c) The parent or legal guardian declines to authorize the provision of Psychotropic Medication or withdraws consent for provision of Psychotropic Medication which the Psychiatrist determines is medically necessary for a youth.

(d) The youth requests the discontinuation of Psychotropic Medication or refuses Psychotropic Medication which the Psychiatrist determines is medically necessary for a youth.

(8) A copy of any court order authorizing mental health treatment or provision of Psychotropic Medication must be placed in the youth’s Individual Healthcare Record.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Fla. Admin. Code R. 63N-1.015 Special Consent Requirements For Substance Abuse Evaluation and Treatment

(1) Youth Consent for Substance Abuse Evaluation and Treatment.

(a) A youth must consent to substance abuse evaluation and treatment unless such treatment is ordered by the court.

(b) Youth consent for substance abuse evaluation and treatment shall be obtained through the Youth Consent for Substance Abuse Treatment Form (MHSA 012) or through a form developed by the program which contains all the information required in form MHSA 012. The Youth Consent for Substance Abuse Treatment Form (MHSA 012, August 2006) is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03794, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.

(c) If a youth refuses to provide consent for substance abuse evaluation and treatment, the department shall determine the need for a court order for the provision of such services.

(2) Youth Consent for Release of Substance Abuse Records.

(a) 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.

(b) 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.

(c) Youth consent for release of substance abuse records shall be provided on the Youth Consent for Release of Substance Abuse Treatment Records Form (MHSA 013) or on a form developed by the program which contains all the information required in form MHSA 013. The Youth Consent for Release of Substance Abuse Treatment Records Form (MHSA 013, August 2006) is incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03795, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.

(3) A copy of any court order authorizing substance abuse treatment must be placed in the youth’s Individual Healthcare Record.

History

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.

Division 63C Prevention Programs

Chapter 63C-1 Children/Families in Need of Service Programs

Fla. Admin. Code R. 63C-1.001 Purpose and Scope

History

Rulemaking Authority 20.316, 985.64, 985.601(7), 984.04(3) FS. Law Implemented 984.04(3), 985.601(7) FS. History–New 5-6-07, Repealed 8-12-26.

Fla. Admin. Code R. 63C-1.002 Nonjudicial Procedures for Families Needing Services

History

Rulemaking Authority 20.316, 985.64, 985.601(7), 984.04(3) FS. Law Implemented 984.04(3), 985.601(7) FS. History–New 5-6-07, Repealed 8-12-26.

Fla. Admin. Code R. 63C-1.003 Coordinating Children-In-Need-Of-Services and Families-In-Need-Of-Services Programs

History

Rulemaking Authority 20.316, 985.64, 985.601(7), 984.04(3) FS. Law Implemented 984.04(3), 985.601(7)-(8) FS. History–New 5-6-07, Repealed 8-12-26.

Fla. Admin. Code R. 63C-2.001 Nonjudicial Procedures for Families Needing Services

(1) Intake. Nonjudicial procedures described in this rule section are initiated upon a self-referral from a child as defined by Section 984.03(6), F.S., or from a family as defined by Section 984.03(14), F.S., or from a referral source outside the family. When a child or family seeks help or upon referral from a source outside the family, the following procedures shall govern:

(a) An intake coordinator shall conduct a screening promptly to determine if the child and family are eligible for services pursuant to Sections 984.03(15), and 984.10, F.S. Information must be gathered from all available family members and the referral source as appropriate or relevant to the identified concerns and the current needs of the child.

(b) If the family meets the definition of a “Family in need of Services” pursuant to Section 984.03(15), F.S., the referral shall be accepted.

(c) If the family is not eligible for services, the family shall be notified and the family shall be referred to other community resources to assist the family.

(d) If the referral has been made pursuant to Section 984.151, F.S., or if the referral has been made by the Department of Children and Families pursuant to Section 984.11, F.S., the referral source will be notified promptly if the child is not eligible for services.

(2) Services. The department with its contracted provider(s) will offer voluntary family services by department-approved provider(s) within each judicial circuit. The family must be referred to other community resources for services if the contracted provider within the judicial circuit of family residency does not have immediate availability to provide appropriate services. The services provided must be designed to preserve the unity and integrity of the family, while emphasizing parental responsibility.

(a) Where available, services may include, but are not limited to, crisis counseling, parent training, individual, group, or family counseling, community mental health services, substance abuse treatment services, access to short-term voluntary shelter for the youth, and other services listed in Section 984.11, F.S., and as available in the community based on the identified needs of the child and family. If a department-approved provider does not offer services needed by the family, the contracted provider(s) will refer the family to a provider within the community or a state or federal agency able to provide the services needed.

(b) The parent, guardian or custodian must consent to receive voluntary family services.

(c) If the parent, guardian or custodian declines voluntary family services, refuses to consent to the child and family receiving services, or withdraws a previously signed authorization consenting to services, the voluntary family services must be terminated.

(d) If a referral has been made pursuant to Section 984.151, F.S., or a referral has been made by the Department of Children and Families pursuant to Section 984.11, F.S., the referral source will be notified promptly if the family declines, revokes consent or withdraws from voluntary family services within 30 days of the referral.

(3) Case Staffing Committee. The department or the department’s contracted provider(s) will be responsible for coordination of case staffing committee meetings and inviting committee members and other attendees to the meetings. Case staffing committee meetings will be held in accord with Section 984.12, F.S.

(a) A case staffing committee meeting will convene in compliance with following time frames:

Within 45 days of a request for committee review by a designated representative of the department, another member of the committee, or a designated school representative as set forth in Sections 984.12 and 1003.27, F.S.;
Within 7 days, excluding weekends and legal holidays, from the date the department’s representative receives a written request from a parent, legal guardian or custodian, to convene a case staffing committee meeting; or,
Within 30 days after the case is referred to the case staffing committee by the court pursuant to Section 984.151, F.S.

(b) The case staffing committee will comply with the following:

Assure the committee is composed of a representative from the child’s school district and a representative of the department;
Assure the child, and parent, legal guardian, or custodian have been invited to attend the case staffing committee meeting;
Assure the department’s assigned attorney has been invited to the meeting;
Assure invitations to attend the meeting have been provided to individuals recommended by the child or parent, legal guardian or custodian, as well as to other individuals listed in Section 984.12, F.S., if requested by the committee;
Assure the case staffing committee meeting is held at a time and place convenient for the family and committee members;
Assure reasonable accommodations are provided for the family and other attendees to appear at the committee meeting either telephonically or via an internet platform;
Assure compliance with the requirements of Section 984.12, F.S., of the items to be considered by the committee, and establish a plan for services; and,
The committee will document the plan for services in writing, including whether filing a petition for a child in need of services is recommended. The plan for services will be provided to the parent, legal guardian or custodian of the child within 7 days after the meeting.

History

Rulemaking Authority 20.316, 984.04(1) FS. Law Implemented 984.03, 984.10, 984.11, 984.12, 984.151, 1003.27(3) FS. History–New 8-11-26.

Fla. Admin. Code R. 63C-2.002 Coordinating Families in Need of Services Programs

(1) The department will coordinate its efforts with those of the Federal Government, state agencies, county and municipal government, private agencies and child advocacy groups to ensure service delivery to families in need of services in the following ways:

(a) The department will establish voluntary programs and services for families in need of services. The department may establish such programs and services by contracting with state and local providers to provide such services. The department may contract with an agency to manage, train and coordinate with local service providers.

(b) Programs, whether established by the department or through a contracted provider, shall ensure that direct care staff meet the training requirements established as standards for a Child Caring Agency by the Department of Children and Families:

During their first year of employment, in addition to other required training, all direct care staff must receive program orientation training, CINS/FINS core training, and an in-service component. Direct care staff may not have unsupervised contact with any youth until the minimum mandatory training requirements are met.
Following the first year of employment, all direct-care staff must comply with ongoing annual training requirements as required.

(c) The department, with its contracted provider or providers, shall be responsible for ensuring coordinated use of resources at the local, state and federal levels by providing support and oversight through technical assistance, training, interagency agreements, contract management, data collection and advocacy.

(2) The department will monitor programs for families in need of services as required by Section 985.632, F.S.

History

Rulemaking Authority 20.316, 984.04(1), 985.601(7) FS. Law Implemented 984.01, 985.601(7)-(8), 985.632 FS. History–New 8-11-26.

Division 63D Probation

Chapter 63D-1 Probation

Fla. Admin. Code R. 63D-1.001 Purpose and Scope

History

Rulemaking Authority 985.21, 985.405 FS. Law Implemented 985.21(1), (4) FS. History–New 1-4-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-1.002 Preliminary Screening

History

Rulemaking Authority 985.21, 985.405 FS. Law Implemented 985.21(1), (4) FS. History–New 1-4-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-1.003 Comprehensive Assessment

History

Rulemaking Authority 985.21, 985.405 FS. Law Implemented 985.21(1)(a)4.c., (4)(a) FS. History–New 1-4-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-1.004 Comprehensive Assessment

History

Rulemaking Authority 985.21, 985.405 FS. Law Implemented 985.21(1)(a)4.d., (4)(a) FS. History–New 1-4-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-1.005 Documentation

History

Rulemaking Authority 985.21, 985.405 FS. Law Implemented 985.21(1), (4) FS. History–New 1-4-07, Repealed 9-21-10.

Chapter 63D-2 Assessment of Risk for Detention

Fla. Admin. Code R. 63D-2.001 Purpose and Scope

History

Rulemaking Authority 985.213, 985.405 FS. Law Implemented 985.213 FS. History–New 1-4-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-2.002 Procedure for Assessing Risk

History

Rulemaking Authority 985.213, 985.405 FS. Law Implemented 985.213 FS. History–New 1-4-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-2.003 Detention Risk Assessment Instrument

History

Rulemaking Authority 985.213, 985.405 FS. Law Implemented 985.213 FS. History–New 1-4-07, Repealed 9-21-10.

Chapter 63D-3 Diversion

Fla. Admin. Code R. 63D-3.001 Purpose and Scope

History

Rulemaking Authority 985.64 FS. Law Implemented 985.145(5), 985.601(3)(a) FS. History–New 1-28-08, Repealed 9-21-10.

Fla. Admin. Code R. 63D-3.002 Definitions

History

Rulemaking Authority 985.64 FS. Law Implemented 985.145(5) FS. History–New 1-28-08, Repealed 9-21-10.

Fla. Admin. Code R. 63D-3.003 Assessment and Recommendation

History

Rulemaking Authority 985.64 FS. Law Implemented 985.145(4) FS. History–New 1-28-08, Repealed 9-21-10.

Fla. Admin. Code R. 63D-3.004 General Characteristics of Diversion Programs

History

Rulemaking Authority 985.64 FS. Law Implemented 985.12, 985.145, 985.155, 985.16, 985.601(3)(a) FS. History–New 1-28-08, Repealed 9-21-10.

Fla. Admin. Code R. 63D-3.005 Intensive Delinquency Diversion Services (IDDS)

History

Rulemaking Authority 985.64 FS. Law Implemented 985.12, 985.145, 985.155, 985.16, 985.601(3)(a) FS. History–New 1-28-08, Repealed 9-21-10.

Fla. Admin. Code R. 63D-3.006 Other Diversion Programs

History

Rulemaking Authority 985.64 FS. Law Implemented 985.12, 985.145, 985.155, 985.16, 985.601(3)(a) FS. History–New 1-28-08, Repealed 9-21-10.

Fla. Admin. Code R. 63D-3.007 JPO Supervised Diversion

History

Rulemaking Authority 985.64 FS. Law Implemented 985.12, 985.145, 985.155, 985.16, 985.601(3)(a) FS. History–New 1-28-08, Repealed 9-21-10.

Chapter 63D-4 Juvenile Assessment Centers

Fla. Admin. Code R. 63D-4.001 Purpose and Scope

History

Rulemaking Authority 985.64 FS. Law Implemented 985.135 FS. History–New 5-15-08, Repealed 9-21-10.

Fla. Admin. Code R. 63D-4.002 Definitions

History

Rulemaking Authority 985.64 FS. Law Implemented 985.135 FS. History–New 5-15-08, Repealed 9-21-10.

Fla. Admin. Code R. 63D-4.003 Community Involvement in Design and Operation

History

Rulemaking Authority 985.64 FS. Law Implemented 985.135(2), (3), 985.645 FS. History–New 5-15-08, Repealed 9-21-10.

Fla. Admin. Code R. 63D-4.004 Life Safety Standards and Security

History

Rulemaking Authority 985.64 FS. Law Implemented 985.135(3), (4) FS. History–New 5-15-08, Repealed 9-21-10.

Fla. Admin. Code R. 63D-4.005 Admission of Youth

History

Rulemaking Authority 985.64 FS. Law Implemented 985.135 FS. History–New 5-15-08, Repealed 9-21-10.

Fla. Admin. Code R. 63D-4.006 Medication Management

History

Rulemaking Authority 985.64 FS. Law Implemented 985.135 FS. History–New 5-15-08, Repealed 9-21-10.

Fla. Admin. Code R. 63D-4.007 Juvenile Assessment Center Role in Responding to Criminal Street Gangs

History

Rulemaking Authority 985.64 FS. Law Implemented 985.135 FS. History–New 5-15-08, Repealed 9-21-10.

Fla. Admin. Code R. 63D-4.008 Release of Youth

History

Rulemaking Authority 985.64 FS. Law Implemented 985.135 FS. History–New 5-15-08, Repealed 9-21-10.

Chapter 63D-5 Probation Supervision

Fla. Admin. Code R. 63D-5.001 Purpose and Scope

History

Rulemaking Authority 985.14, 985.64 FS. Law Implemented 985.14, 985.435, 985.601(2) FS. History–New 8-23-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-5.002 Definitions

History

Rulemaking Authority 985.14, 985.64 FS. Law Implemented 985.14, 985.435, 985.601(2) FS. History–New 8-23-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-5.003 Planning the Supervision of the Youth and Selecting Relevant Interventions

History

Rulemaking Authority 985.14, 985.64 FS. Law Implemented 985.14, 985.435, 985.601(2) FS. History–New 8-23-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-5.004 Classification and Reclassification

History

Rulemaking Authority 985.14, 985.64 FS. Law Implemented 985.14, 985.435, 985.601(2) FS. History–New 8-23-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-5.005 Risk-Based Interventions

History

Rulemaking Authority 985.14, 985.64 FS. Law Implemented 985.14, 985.435, 985.601(2) FS. History–New 8-23-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-5.006 Violations of Supervision

History

Rulemaking Authority 985.14, 985.64 FS. Law Implemented 985.14, 985.435, 985.439, 985.601(2) FS. History–New 8-23-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-5.007 Termination of Supervision

History

Rulemaking Authority 985.14, 985.64 FS. Law Implemented 985.14, 985.435, 985.601(2) FS. History–New 8-23-07, Repealed 9-21-10.

Chapter 63D-6 Nonresidential Programs

Fla. Admin. Code R. 63D-6.001 Purpose and Scope

History

Rulemaking Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.601 FS. History–New 8-23-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-6.002 Definitions

History

Rulemaking Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.601 FS. History–New 8-23-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-6.003 Facility-Based Program Model

History

Rulemaking Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.601 FS. History–New 8-23-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-6.004 Community Supervision Model

History

Rulemaking Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.601 FS. History–New 8-23-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-6.005 Common Elements of Facility-Based and Community Supervision Models

History

Rulemaking Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.601 FS. History–New 8-23-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-6.006 Admission and Orientation for Youth Committed as Minimum Risk

History

Rulemaking Authority 985.433, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.441, 985.601 FS. History–New 8-23-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-6.007 Progress Reports

History

Rulemaking Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.455(3), 985.601 FS. History–New 8-23-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-6.008 Release

History

Rulemaking Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.455(3), 985.601 FS. History–New 8-23-07, Repealed 9-21-10.

Chapter 63D-7 Post-Residential Supervision

Fla. Admin. Code R. 63D-7.001 Purpose and Scope

History

Rulemaking Authority 985.46, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History-New 11-19-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-7.002 Definitions

History

Rulemaking Authority 985.46, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History-New 11-19-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-7.003 Transition Planning While the Youth is in a Residential Commitment Facility

History

Rulemaking Authority 985.46, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History-New 11-19-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-7.004 Pre-Release Notification

History

Rulemaking Authority 985.46, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History-New 11-19-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-7.005 Post-Residential Supervision

History

Rulemaking Authority 985.46, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History-New 11-19-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-7.006 Admission to Post-Residential Supervision Program

History

Rulemaking Authority 985.46, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History-New 11-19-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-7.007 Managing Supervision and Designing Intervention Through the YES Plan

History

Rulemaking Authority 985.46, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History-New 11-19-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-7.008 Violations

History

Rulemaking Authority 985.46, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History-New 11-19-07, Repealed 9-21-10.

Fla. Admin. Code R. 63D-7.009 Termination of Services

History

Rulemaking Authority 985.46, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History-New 11-19-07, Repealed 9-21-10.

Chapter 63D-8 General

Fla. Admin. Code R. 63D-8.001 Definitions

History

Rulemaking Authority 985.64 FS. Law Implemented 985.03, 985.135, 985.14, 985.145, 985.24, 985.245, 985.433, 985.435, 985.46, 985.601 FS. History–New 9-20-10, Amended 3-16-14, Repealed 5-4-20.

Chapter 63D-9 Assessment

Fla. Admin. Code R. 63D-9.001 Purpose and Scope

History

Rulemaking Authority 985.64 FS. Law Implemented 985.03, 985.135, 985.14, 985.145, 985.24, 985.245, 985.433, 985.435, 985.46, 985.601 FS. History–New 9-20-10, Repealed 5-4-20.

Fla. Admin. Code R. 63D-9.002 Detention Screening

History

Rulemaking Authority 985.245, 985.64 FS. Law Implemented 985.145, 985.24, 985.245, 985.25, 985.255 FS. History–New 9-20-10, Repealed 5-4-20.

Fla. Admin. Code R. 63D-9.003 Intake Services

History

Rulemaking Authority 985.14, 985.145, 985.64 FS. Law Implemented 985.14, 985.145, 985.43, 985.565, 985.43, 985.435, 985.46 FS. History–New 9-20-10, Repealed 5-4-20.

Fla. Admin. Code R. 63D-9.004 Risk and Needs Assessment

History

Rulemaking Authority 985.14, 985.145, 985.64 FS. Law Implemented 985.14, 985.145 FS. History–New 9-20-10, Repealed 5-4-20.

Fla. Admin. Code R. 63D-9.005 Comprehensive Assessment

History

Rulemaking Authority 985.14, 985.145, 985.64 FS. Law Implemented 985.14, 985.145 FS. History–New 9-20-10, Repealed 5-4-20.

Fla. Admin. Code R. 63D-9.006 Comprehensive Evaluation

History

Rulemaking Authority 985.14, 985.145, 985.64 FS. Law Implemented 985.14, 985.145, 985.18, 985.185 FS. History–New 9-20-10, Repealed 5-4-20.

Chapter 63D-10 Intervention

Fla. Admin. Code R. 63D-10.001 Purpose and Scope

History

Rulemaking Authority 985.14, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46, 985.601(3)(a) FS. History–New 9-20-10, Amended 3-16-14, Repealed 5-4-20.

Fla. Admin. Code R. 63D-10.002 Diversion Services

History

Rulemaking Authority 985.14, 985.435, 985.64 FS. Law Implemented 985.12, 985.145, 985.155, 985.16, 985.601(3)(a) FS. History–New 9-20-10, Amended 3-16-14, Repealed 5-4-20.

Fla. Admin. Code R. 63D-10.003 Community Supervision Services

History

Rulemaking Authority 985.14, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History–New 9-20-10, Amended 3-16-14, Repealed 5-4-20.

Fla. Admin. Code R. 63D-10.0035 Transfers of Supervision

History

Rulemaking Authority 985.435, 985.46, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History–New 3-16-14, Repealed 5-4-20.

Fla. Admin. Code R. 63D-10.004 Violations of Supervision

History

Rulemaking Authority 985.14, 985.64 FS. Law Implemented 985.14, 985.435, 985.439, 985.601 FS. History–New 9-20-10, Amended 3-16-14, Repealed 5-4-20.

Fla. Admin. Code R. 63D-10.005 Residential Case Management and Transitional Planning

History

Rulemaking Authority 985.435, 985.46, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History–New 9-20-10, Amended 3-16-14, Repealed 5-4-20.

Fla. Admin. Code R. 63D-10.006 Termination of Supervision

History

Rulemaking Authority 985.14, 985.64 FS. Law Implemented 985.14, 985.435, 985.601 FS. History–New 9-20-10, Amended 3-16-14, Repealed 5-4-20.

Chapter 63D-11 Juvenile Assessment Centers

Fla. Admin. Code R. 63D-11.001 Purpose and Scope

History

Rulemaking Authority 985.64 FS. Law Implemented 985.135 FS. History–New 9-20-10, Repealed 5-4-20.

Fla. Admin. Code R. 63D-11.002 Design and Operation

History

Rulemaking Authority 985.64 FS. Law Implemented 985.135(2), (3), 985.645 FS. History–New 9-20-10, Repealed 5-4-20.

Fla. Admin. Code R. 63D-11.003 Safety and Security

History

Rulemaking Authority 985.64 FS. Law Implemented 985.135(3), (4) FS. History–New 9-20-10, Repealed 5-4-20.

Fla. Admin. Code R. 63D-11.004 Admission of Youth

History

Rulemaking Authority 985.64 FS. Law Implemented 985.135 FS. History–New 9-20-10, Repealed 5-4-20.

Fla. Admin. Code R. 63D-11.005 Screening for Medical Conditions and Handling

History

Rulemaking Authority 985.64 FS. Law Implemented 985.135 FS. History–New 9-20-10, Repealed 5-4-20.

Fla. Admin. Code R. 63D-11.006 Responding to Gangs

History

Rulemaking Authority 985.64 FS. Law Implemented 985.135 FS. History–New 9-20-10, Repealed 5-4-20.

Fla. Admin. Code R. 63D-11.007 Release of Youth

History

Rulemaking Authority 985.64 FS. Law Implemented 985.135 FS. History–New 9-20-10, Repealed 5-4-20.

Chapter 63D-12 Non-Residential Facilities

Fla. Admin. Code R. 63D-12.001 Purpose and Scope

History

Rulemaking Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.601 FS. History–New 9-20-10, Repealed 5-4-20.

Fla. Admin. Code R. 63D-12.002 Safety and Administration

History

Rulemaking Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.601 FS. History–New 9-20-10, Repealed 5-4-20.

Fla. Admin. Code R. 63D-12.003 Service Delivery

History

Rulemaking Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.601 FS. History–New 9-20-10, Repealed 5-4-20.

Fla. Admin. Code R. 63D-12.004 Minimum-Risk Commitment

History

Rulemaking Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.441, 985.601 FS. History–New 9-20-10, Repealed 5-4-20.

Fla. Admin. Code R. 63D-12.005 Progress Reports

History

Rulemaking Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.455(3), 985.601 FS. History–New 9-20-10, Repealed 5-4-20.

Fla. Admin. Code R. 63D-12.006 Release

History

Rulemaking Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.455(3), 985.601 FS. History–New 9-20-10, Repealed 5-4-20.

Chapter 63D-13 Probation and Community Corrections

Fla. Admin. Code R. 63D-13.001 Definitions

For this rule chapter, the following terms are defined as follows:

(1) Abscond – As defined in section 985.03, F.S., to hide, conceal, or absent oneself from the jurisdiction of the court or supervision of the department to avoid prosecution or supervision.

(2) Authority for Evaluation and Treatment (AET) – Form HS 002, that when signed by a parent or legal guardian, gives the department the authority to assume responsibility for the provision of routine mental and physical healthcare to a youth within its physical custody.

(3) Case Notebook Module – A module with the Juvenile Justice Information System (JJIS) that serves as the sole source for documenting all case management and supervision activities in all state-operated and provider community supervision programs.

(4) Central Communication Center (CCC) ‒ The unit located in department headquarters that is charged with receiving reports regarding incidents and events involving youths in department custody or under supervision, and state and contracted employees from all department and provider facilities, programs funded in whole or in part, offices or sites operated by the department, a provider or grantee.

(6) Commitment Conference – A multidisciplinary staffing conducted to discuss the department’s recommendation to the court for youth who may be appropriate for residential commitment. Participants may include the youth, parent(s)/guardian(s), Juvenile Probation Officer (JPO), Juvenile Probation Officer Supervisor (JPOS), Commitment Manager, school officials, service providers, Guardian ad Litem (GAL) and other parties involved in the youth’s case. Required attendees are limited to department staff. All others are invited to participate and may do so in person, by telephone or by timely written submission.

(7) Community Assessment Tool (CAT) – An instrument used by the JPO to determine the youth’s risk to re-offend and identify criminogenic needs that require intervention. The CAT is administered in two parts:

(a) A pre-screen is completed for all youth who are referred to the department;

(b) A full assessment is completed for youth who have been placed under department supervision by the court and who have been identified as moderate-high or high-risk to reoffend on the pre-screen.

(8) Complainant – Any person or agency having knowledge of the facts related to the allegations of the delinquency of a youth and who makes a formal complaint or delinquency referral based upon these facts.

(9) Complaint – A written report alleging facts sufficient to establish the delinquency of a youth and the jurisdiction of the court.

(10) Comprehensive Assessment ‒ As defined in section 985.03, F.S., the gathering of information for the evaluation of a juvenile offender’s or a child’s physical, psychological, educational, career and technical education, and social condition and family environment as they relate to the child’s need for rehabilitative and treatment services, including substance abuse treatment services, mental health services, developmental services, literacy services, medical services, family services, and other specialized services, as appropriate.

(11) Comprehensive Evaluation – A more detailed gathering of information that builds upon the previously completed comprehensive assessment, 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.

(12) Conditional Release (CR) – As defined in section 985.03, F.S., the care, treatment, help, supervision, and provision of transition-to-adulthood services provided to a juvenile released from a residential commitment program which is intended to promote rehabilitation and prevent recidivism. The purpose of conditional release is to protect the public, reduce recidivism, increase responsible productive behavior, and provide for a successful transition of the youth from the department to his or her family.

(13) Criminogenic Needs – Refers to the factors or characteristics found in empirical research studies to be predictors of delinquency and recidivism.

(14) Detention Screening Instrument (DSI) – The risk assessment instrument authorized by section 985.245, F.S., that is used to determine the detention care placement for youth.

(15) Diligent Search ‒ Is a thorough search made by the Juvenile Probation Officer (JPO) or Case Manager to check with the youth’s parents/guardian, employer, school, family members, and others likely to have knowledge of his or her whereabouts, to document evidence supporting that the youth is hiding to avoid supervision.

(16) Disposition Recommendation Matrix – A structured decision-making tool, that provides research-based guidelines to Juvenile Probation Officers for making recommendations to the court for law violations.

(17) Diversion Services – Non-judicial alternatives used to keep youth who have committed a delinquent act from being handled through the traditional juvenile justice system. These services are intended to intervene at an early stage of delinquency, prevent subsequent offenses during and after participation in the programs, and provide an array of services to juveniles referred to the department.

(18) Face Sheet ‒ Youth specific demographic and referral history information that is generated by the department’s Juvenile Justice Information System (JJIS).

(19) Family – As defined in section 985.03, F.S., a collective of persons, consisting of a child and a parent, guardian, adult custodian, or adult relative, in which the persons reside in the same house or living unit; or the parent, guardian, adult custodian, or adult relative has a legal responsibility by blood, marriage, or court order to support or care for the child.

(20) Graduated Response Matrix – A statewide plan created and administered by the department that provides a standard methodology to address technical violations of supervision and allows the department to immediately hold youth accountable for failing to comply with the technical conditions of supervision. The plan identifies noncompliance thresholds that require a response and a list of responses for the Juvenile Probation Officer (JPO) to choose from, as well as noncompliance thresholds that require the JPO to file an Affidavit/Petition for Violation of Probation (for youth on probation or PCP) or submit an administrative transfer request (for youth on CR). The plan contemplates the seriousness and frequency of noncompliance, the youth’s risk to reoffend, and critical public safety concerns. The Graduated Response Matrix (DJJ/PROFRM 30 10/2024) is incorporated and is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-17358. The Graduated Response Matrix consists of two pages:

(a) The first page, entitled LOW OR MODERATE RISK TO REOFFEND, applies to youth identified as low or moderate risk to reoffend by the CAT;

(b) The second page, entitled MODERATE-HIGH OR HIGH RISK TO REOFFEND –OR– SPECIAL PUBLIC SAFETY RISK, applies to youth identified as moderate-high or high risk to reoffend by the CAT, as well as youth who meet the definition of Special Public Safety Risk, regardless of risk to reoffend.

(21) Interstate Compact on Juveniles (ICJ) Circuit Liaison – A department employee responsible for providing technical assistance to circuit administration for incoming and outgoing transfers of inter- and intra-state compact juveniles, for the purpose of providing supervision as well as assisting the department ICJ headquarters office with extradition cases.

(22) Intervention – An action taken or facilitated by the JPO to promote the reduction of a criminogenic need, and may include direct contact with youth, collateral contacts, referrals for services, monitoring progress, and following up with youth and family.

(23) Juvenile Assessment Center (JAC) – Community operated facilities that provide collocated central intake and screening services for youth referred to the department.

(24) Juvenile Justice Information System (JJIS) – The department’s electronic information system, which is used to gather and store information on youth having contact with the department.

(25) Juvenile Probation Officer (JPO) – As defined in section 985.03, F.S., the authorized agent of the department who performs the intake, case management, or supervision functions.

(26) Juvenile Probation Officer Supervisor (JPOS) – An employee of the department or a contracted provider who provides first line oversight and management of the JPOs in the unit. The JPOS is responsible for overall direction and guidance of the services provided by the JPO including, but not limited to reviewing the progress of cases, documenting compliance with law and court orders, and approving YES Plans and revisions to YES Plans.

(27) Massachusetts Youth Screening Instrument – Second Version (MAYSI-2) – A 52-item true-false screening instrument designed to identify signs of mental disturbance or emotional distress authorized by DJJ for use at intake into the juvenile justice system and upon admission to a residential commitment program.

(28) Multidisciplinary Assessment – An information gathering exercise designed to ensure that youth being considered for commitment are placed in a delinquency program that provides an appropriate level of supervision and treatment services.

(29) Parent – As defined in section 985.03, F.S., a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under s. 63.062(1). If a child has been legally adopted, the term “parent” means the adoptive mother or father of the child. The term does not include an individual whose parental relationship to the child has been legally terminated, or an alleged or prospective parent, unless the parental status falls within the terms of either s. 39.503(1) or s. 63.062(1). In Chapter 63D-13, F.A.C., the term “parent” may be used interchangeably with “parent/guardian”.

(30) Post Commitment Probation (PCP) – Assessment and intervention services provided to youth who are released from residential commitment programs. Under the legal status of post-commitment probation, the youth is legally transferred from commitment status to probation status and is subject to court-ordered sanctions.

(31) Pre/Post-Disposition Report (PDR) ‒ A multidisciplinary assessment that provides demographic and social history information and reports the youth’s priority needs, makes recommendations, and provides a plan for treatment.

(32) Prearrest Delinquency Citation – A program designed to give law enforcement an alternative to custody that provides swift and appropriate consequences to youth for certain minor misdemeanor delinquent acts. The goals of the program are to divert the youth at the time of arrest, make the youth accountable for delinquent behavior, involve the parent(s)/guardian(s) in sanctioning the youth, and prevent the youth’s further involvement in the juvenile justice system. Law enforcement officers are allowed the discretion of issuing a citation rather than a formal complaint.

(33) Prevention Web ‒ The department’s electronic information system, which is used to gather and store information on youth having contact with the department’s prevention or prearrest delinquency citation programs.

(34) Prison Rape Elimination Act (PREA) – The federal statute intended to eradicate sexual assault in correctional facilities, which is implemented by national standards at 28 C.F.R. Part 115.

(35) Probation – As defined in section 985.03, F.S., the legal status of probation created by law and court order in cases involving a child who has been found to have committed a delinquent act. Probation is an individualized program in which the freedom of the child is limited, and the child is restricted to noninstitutional quarters or restricted to the child’s home in lieu of commitment to the custody of the department. Youth on probation may be assessed and classified for placement in day-treatment probation programs designed for youth who represent a minimum risk to themselves and public safety and do not require placement and services in a residential setting.

(36) Probation Medical and Mental Health Clearance Form – The form used to screen for mental health, substance abuse and medical problems when law enforcement delivers a youth to the department upon apprehension. The purpose of the form is to comply with statutory requirements for diverting youth to the proper community resource if they require urgent treatment or intervention upon arrest.

(37) Progress Report Form ‒ A report that advises the court of the status of a youth including legal information, summary of progress, and recommendation(s).

(38) Prolific Juvenile Offender (PJO) – A child who is charged with a delinquent act that would be a felony if committed by an adult, and who meets the criteria in section 985.255, F.S., for increased supervision.

(39) Relative – As defined in section 985.03, F.S., a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew, whether related by the whole or half blood, by affinity, or by adoption. The term does not include a stepparent.

(40) Special Public Safety Risk – A youth on probation, CR, or PCP who meets at least one of the following criteria:

(a) The youth is on probation, CR, or PCP for a firearm offense or firearm aggravated offense;

(b) The youth was identified as a PJO immediately preceding the disposition to probation or residential commitment;

(c) The youth is identified as a Sexually Violent Predator (SVP) by the court in accordance with sections 394.910-.917, F.S.;

(d) The youth is identified as a criminal gang member by a law enforcement agency in accordance with section 874.03(3), F.S.

(41) State Attorney Recommendation (SAR) ‒ A report detailing the department’s recommendation and justification as to how the state attorney should proceed with the case. The two primary options in making the recommendation to the state attorney are non-judicial handling or judicial handling.

(42) Suicide Risk Screening Instrument (SRSI) – The form MHSA 002 which documents the standardized questions asked by trained designated staff at intake into the juvenile justice system and upon admission to a detention center to identify suicide risk factors and the need for referral for assessment of suicide risk.

(43) Supervision Transfer Summary ‒ A form that provides the receiving circuit of a youth’s case critical information about the youth, including the youth’s address, living situation, legal status, and a summary of the case(s).

(44) Violation of Supervision – A noncompliant act committed by a youth that violates the conditions of the probation or post commitment probation court order.

(45) Vulnerability to Victimization and Sexually Aggressive Behavior (VSAB) Screening – A screening process to assess a youth’s vulnerability to victimization and sexually aggressive behavior prior to room assignment.

(46) Youth – As defined in section 985.03, F.S., any person under the age of 18 or any person who is alleged to have committed a violation of law occurring prior to the time that person reached the age of 18 years. The term “youth” may be used interchangeably with “child” and “juvenile”.

(47) Youth Empowered Success (YES) Plan – The document developed by the youth, parent/guardians, and JPO to plan for the completion of court-ordered sanctions and address criminogenic needs.

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.03, 985.135, 985.14, 985.145, 985.245, 985.435, 985.46, 985.601 FS. History–New 5-4-20, Amended 12-22-24.

Fla. Admin. Code R. 63D-13.002 Assessment of Youth

The assessment of youth is a critical component of the case management system. The information gathered in this process is obtained through a detention screening, intake screening, initial mental health and substance abuse needs screening, comprehensive assessment, and comprehensive evaluation of the youth. Assessment information forms the foundation for recommendations to the court regarding a youth’s treatment plan and allows the department to provide the most appropriate services in the least intrusive manner.

(1) While the needs, strengths and history of the individual youth will determine the how, what, when and where of assessment, the process typically tracks the following sequence:

(a) Detention screening is completed following the arrest and delivery of the youth to the department. The critical component of detention screening is the Detention Screening Instrument (DSI). The DSI is used to determine if a youth should be placed in detention care prior to a detention hearing.

(b) When a youth is delivered to the department for detention screening, the screener shall also conduct an initial mental health and substance abuse screening. This screening is initiated through a process which includes administration of the Massachusetts Youth Screening Instrument – Second Version (MAYSI-2), and administration of the Suicide Risk Screening Instrument (SRSI), a form that documents the standardized questions asked by trained, designated staff upon a youth’s intake into the juvenile justice system, and upon admission to a detention center, to identify suicide risk factors and the need for referral for assessment of suicide risk as well as a review of any other documentation of suicide risk factors that are available at the time of screening.

(c) The results of the initial mental health and substance abuse screening may require a referral for a more detailed assessment called a comprehensive assessment. This assessment is the gathering of information used to assess for biological, psychological and social factors 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.

(d) After determining whether the youth being delivered to the department meets detention criteria, and after the initial mental health and substance abuse screening is completed, the screener shall conduct an analysis of the facts that resulted in the youth being delivered to the department. A summary of those facts will be included in the State Attorney Recommendation (SAR) and the Pre/Post-Disposition Report (PDR), if required. The former is the tool used to inform the state attorney what the department’s suggestion is regarding judicial or non-judicial handling of with the case. The latter is a resource used by the court to determine a disposition and sanctions for the youth’s case once he or she enters a plea or is found guilty of an offense, or, in the case of a post-disposition report, to assist the department with the placement of the youth if residential commitment is ordered without the benefit of a pre-disposition report.

(e) For youth whom a residential commitment disposition is anticipated, a detailed assessment called a comprehensive evaluation will be required. The comprehensive evaluation includes the gathering of information which addresses 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 PDR.

(2) While other specialized instruments may be used to assess the unique treatment needs of a youth, the evaluative processes described above comprise the core functions for supporting informed decision-making about the youth within the department’s probation program.

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.14, 985.145 FS. History–New 5-4-20, Amended 12-22-24.

Fla. Admin. Code R. 63D-13.0021 Detention Screening

(1) The Detention Screening Instrument (DSI) directs the decision-making process as to whether detention care is warranted and whether the youth should be placed into secure detention, or into supervised release detention prior to a detention hearing. The Detention Screening Instrument (DJJ/PROFRM 2 08/2019) is incorporated into the rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-11531.

(a) The DSI shall consist of the following five (5) sections:

Section I: Identification Information. Identification information will include youth demographics, information regarding the contact with the parent/guardian, the arresting officer’s agency, name, and badge number, information about the youth’s DCF history, and a list of all the presenting offenses.
Section II: Risk Assessment. The JPO/Screener shall choose one applicable factor and assess the respective point value for each category. If multiple categories are applicable, the JPO/Screener will choose the factor with the highest point value association.
Section III: Statutory/Policy Overrides. The JPO/Screener shall consider all statutory/policy overrides to determine if they are applicable to the youth. The JPO/Screener shall mark all applicable overrides for each screening. Statutory/policy overrides may result in a placement modification but cannot be used to modify the results of Section II.
Section IV: State Attorney Review/Decision. State Attorney Review/Decision is used when the JPO/Screener obtains objective information that suggests a youth’s intake placement should be modified. The JPO/Screener shall contact the state attorney to obtain agreement for the modified placement, as described in Section IV of the DSI. The youth should only be moved one category in either direction. The JPO/Screener shall document the name of the state attorney and reasons for the placement modification in the narrative portion of Section V.
Section V: The Narrative. The narrative shall include all pertinent information related to the items in Sections II through IV of the DSI. The narrative shall not include any information related to mental health or medical concerns that would result in a violation of the Health Insurance Portability and Accountability Act (HIPAA).

(b) A completed DSI is required for all youth when presented to the department for detention screening.

(2) In making the decision to detain or release a youth, the JPO/Screener shall take several key factors into consideration:

(a) The detention placement decision shall be based upon an independent assessment of risk determined by the DSI.

(b) The JPO/Screener shall attempt to contact the arresting law enforcement officer, the parent/guardian, and the victim to obtain their assessment of the youth and pending charge(s).

(c) The JPO/Screener shall check the Juvenile Justice Information System (JJIS), Department of Children and Families (DCF) client information system, and Florida Criminal Investigation Center/National Criminal Investigation Center (FCIC/NCIC) system to obtain a prior history on the youth, if available. If one or more systems is not available at the time of screening, then the JPO/Screener shall document all subsequent efforts to obtain background information from these systems.

(3) A screening packet shall be completed and uploaded into the document library of JJIS and copies shall be provided to the Clerk of Court, State Attorney’s Office, Public Defender/Defense Attorney, Parent/Guardian, Detention Center, if applicable, and the JPO.

(a) The screening packet provided to the Clerk of Court shall include the following:

Information sheet/cover page;
Original arrest affidavit/court order;
DSI;
Face Sheet;
Supervised Release Agreement and Electronic Monitoring Agreement, if applicable;
State Attorney Recommendation (SAR); and
Financial Statement for Determination of Cost of Care Recovery, if applicable; and
Notice to Appear, if the youth is not placed in secure detention.

(b) The screening packet provided to the State Attorney’s Office shall include the following:

Information sheet/cover page;
Arrest affidavit/court order;
DSI;
Face Sheet;
Original SAR, if applicable; and
Notice to Appear, if the youth is not placed in secure detention.

Information sheet/cover page;
Arrest affidavit/court order;
DSI;
Face Sheet; and
Notice to Appear, if the youth is not placed in secure detention.

(d) The screening packet provided to the Parent/Guardian shall include the following:

Information sheet/cover page;
If a comprehensive assessment is required, as indicated by the MAYSI-2, a copy of the comprehensive assessment referral packet and the provider’s location, contact information, and appointment time, if scheduled by the JPO/Screener;
If an Assessment of Suicide Risk is required, as indicated by the SRSI or MAYSI-2, and the youth is not placed in secure detention, a copy of the Suicide Risk Screening Parent/Guardian Notification Form, signed by a parent/guardian;
AET, if signed by a parent/guardian;
Supervised Release Agreement and Electronic Monitoring Agreement, if applicable;
Financial Statement for Determination of Cost of Care Recovery, if applicable; and
Notice to Appear, if the youth is not placed in secure detention.

(e) The screening packet provided to the Detention Center if the youth is placed in secure detention or on supervised release shall include the following:

Information sheet/cover page;
Arrest affidavit/court order;
DSI;
Face Sheet;
PREA VSAB Screening;
MAYSI
SRSI
AET, if signed by a parent/guardian; and
Original Supervised Release Agreement and Electronic Monitoring Agreement, if applicable.

(f) The screening packet uploaded into the document library in JJIS and provided to the JPO shall include all documents provided to the Clerk of Court, State Attorney’s Office, Public Defender/Defense Attorney, Parent/Guardian, and Detention Center, if applicable. The full screening packet must include all documents, including those that are generated and stored in JJIS.

(4) Youth wanted in another jurisdiction and presented for detention screening.

(a) The JPO/Screener shall access the “contact persons” portion of the JJIS Face Sheet to identify the issuing county JPO and JPOS. The JPO/Screener shall contact the issuing JPO by telephone, to inform them that the youth has been detained (identify county) and shall identify the specific detention center where the youth will be going. The JPO/Screener shall also send a follow-up email to the issuing county JPO and JPOS, to include the youth’s name, Department of Juvenile Justice identification number, the county where the youth is detained, and the name of the detention center where the youth will be held.

(b)The receiving JPO or JPOS shall notify the clerk of court of the issuing county that the youth has been taken into custody and is being held in secure detention.

(5) The Vienna Convention on Consular Relations requires the United States through the arresting or detaining agency to notify every foreign national of their right to have their consulate contacted when they are arrested or detained, and certain countries have mandatory notification requirements regardless of the foreign national’s desire for notification.

(a) The following procedure must be followed on every youth being screened for detention:

The JPO/Screener must ask the youth the following question: Are you a U.S. citizen? If the youth answers “no”, then the following question must also be asked: Where were you born?
The JPO/Screener must then check to see if the foreign country is on the mandatory notification list found at the U.S. Department of State’s website. If the country is a mandatory notification country the following statement shall be read to the youth: “Because of your nationality, we are required to notify your country’s consular representatives here in the United States that you have been arrested or detained. After your consular officials are notified, they may call or visit you. You are not required to accept their assistance, but they may be able to help you obtain legal counsel and may contact your family and visit you in detention, among other things. We will be notifying your country’s consular officials as soon as possible.”
The JPO/Screener shall telephone or fax the notification of detention to that consular office.
The JPO/Screener shall document the notification process on the State Attorney Recommendation (SAR).
If the country is not on the mandatory notification list, the screener will inquire as to whether the youth wishes his or her consular office to be notified. If the youth desires his/her consular officials to be notified, then the JPO/Screener shall repeat the steps outlined above.

(b) If contacted by a federal entity about the immigration or citizenship status of a youth, the JPO/Screener shall notify the Chief Probation Officer (CPO) or designee immediately, who will then notify the local Assistant General Counsel regarding the immigration enquiry.

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.245 FS. History–New 5-4-20, Amended 12-22-24.

Fla. Admin. Code R. 63D-13.0022 Intake Screening

(1) The purpose of the intake screening process is to assess the youth’s needs and risk to determine the most appropriate recommendations for services by considering the interests of the youth, victim, and community. While intake screening may be partially completed as part of the detention screening process for youth who are delivered to the department for detention screening, the JPO shall be responsible for ensuring that the entire intake screening process is completed for all youth.

(2) The JPO shall review the written complaint, or arrest affidavit, as the first step in case processing.

(3) Once the complaint is reviewed, the JPO shall attempt to gather information from the complainant and victim (if applicable). These contacts shall be conducted as soon as possible, but no later than seven (7) working days upon receipt of the complaint. During these contacts, the JPO shall obtain information that may not be contained in the complaint and request the complainant’s and victim’s opinion regarding case handling and disposition. The JPO shall use JJIS to enter or update information related to the new complaint(s), victim information, and youth demographics.

(4) An initial intake conference with the youth and parent(s)/guardian(s) shall be conducted by the JPO in all cases unless the youth and parent(s)/guardian(s) refuse or are unable to participate.

(a) The initial intake conference is voluntary until the youth enters a plea (guilty or no contest) or the youth is found guilty. The JPO shall document all efforts to schedule an intake conference with the youth and parent(s)/guardian(s).

(b) During the intake conference, the JPO interviews the youth and parent(s)/guardian(s) to gather information, explain the youth’s status in the juvenile justice system, and conduct various risk and needs assessments.

The JPO shall use the Community Assessment Tool (CAT) to conduct a risk and needs assessment on all youth charged with a criminal or delinquent offense. The Community Assessment Tool (DJJ/CATFRM 21 08/2019) is incorporated and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11532.
The JPO completing the CAT shall use his or her own observations and those of collateral sources such as parents/guardians, other department staff, law enforcement, and other informed persons who have knowledge of the youth’s behavior and background. If personal observations or collateral contacts reveal the need for further assessment regardless of the results of the CAT, a referral for further assessment shall be made.
For youth who are not delivered to the department for detention screening, the JPO shall also administer the Suicide Risk Screening Instrument (SRSI), and MAYSI-2 to identify potential mental health and substance abuse needs of the youth.

(c) The JPO shall attempt to obtain written consent for substance abuse treatment from the youth and a parent/guardian at the intake conference for all youth with substance abuse needs.

(5) As part of the intake screening process, the JPO shall collect information to be used in determining a youth’s gang involvement or affiliation.

(a) Once law enforcement has verified gang membership, the JPO shall document an alert in JJIS. Gang alert types include:

Suspected Gang Affiliation. A referral has been submitted to local law enforcement with information that indicates youth’s potential gang involvement or activities based on staff observations, youth statements, statements by other youth or sources, and supplemental information such as pictures, drawings, or other documents.
Gang Associate Documented. Written documentation has been received from law enforcement certifying the youth is a criminal gang associate, as defined in section 874.03(2), F.S.
Gang Member Documented. Written documentation has been received from law enforcement certifying the youth is a criminal gang member, as defined in section 874.03(3), F.S.

(b) Any visible tattoos shall be photographed and uploaded to JJIS.

(c) All gang-related information shall be shared with local law enforcement agencies, the assigned JPO, and the educational provider.

(6) As with the complainant and victim information, the information gathered during the initial intake conference is a part of the youth’s assessment of risk and needs and is used in developing the State Attorney Recommendation (SAR) and Pre-Disposition Report (PDR), if ordered.

(a) The SAR is a report detailing the department’s recommendation and justification as to how the state attorney should proceed with the case. The three primary options in making the recommendation to the state attorney are non-judicial handling, judicial handling, or handling as an adult.

(b) The SAR shall address the following: attitude of youth, cooperation of parent(s)/guardian(s), ability of parent(s)/guardian(s) to control youth, attitudes of complainant and victim, information related to youth’s involvement or association with a criminal street gang, and any available information on mental health and substance abuse needs. The State Attorney Recommendation (DJJ/CATFRM 3 08/2019) is incorporated and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11533.

Twenty-four (24) hours after a youth is placed in secure detention,
Twenty (20) calendar days after the date a youth is taken into custody by law enforcement but not securely detained,
Twenty (20) calendar days from the date the department receives the complaint, if the youth is not taken into custody by law enforcement.
The JPO/Screener is not required to submit an SAR, if the requirement is waived according to an Interagency Agreement with the local State Attorney’s Office (SAO), or the SAO makes a filing decision prior to the twenty 20-day deadline, for non-detained youth.

(7) As part of the intake screening process, the JPO shall complete the Pre-Disposition Report (PDR), if ordered. The PDR is the result of a multidisciplinary assessment of gathered information that details the youth’s priority needs, risks, and treatment recommendations. The Pre-Post Disposition Report (DJJ/CATFRM 2 10/2024) is incorporated and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-17130.

(a) The PDR shall include an intervention plan that recommends the most appropriate placement and sanctions to meet the youth’s needs at the minimum restrictiveness level that reasonably ensures public safety and the youth’s accountability.

(b) The JPO and JPOS shall utilize the department’s Disposition Recommendation Matrix as a decision-making guide when considering recommendations to include in the PDR for law violations. The Disposition Recommendation Matrix (DJJ/PROFRM 11 08/2019) is incorporated and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11535.

(c) If the PDR includes a recommendation for residential commitment, the recommendation must be the result of a pre-staffing between the JPO and JPOS, and a commitment conference with the commitment manager.

(d) The JPO shall submit the PDR upon completion of the report or no later than the statutorily mandated timeframes within forty-eight (48) hours prior to the disposition hearing.

(e) The JPO shall complete a Post-Disposition Report (PDR), which, like the pre-disposition report, indicates what the youth’s risk and priority needs are, but only completed if residential commitment has been ordered by the court without a predisposition report ever having been ordered. To ensure appropriate placement and services, the Post-Disposition Report shall be completed within fourteen (14) business days following the disposition.

(8) The department is required to complete an Adult Sentencing Summary for youth being tried as an adult. The Adult Sentencing Summary provides detailed information relevant to the youth’s status and history with the department, programs and services provided or arranged by the department, family situation, any known special mental health or substance needs, and a recommendation as to whether the youth should be sentenced to the adult or juvenile justice system. The Adult Sentencing Summary (DJJ/PROFRM 29 08/2019) is incorporated and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11536.

(9) Staff will document all actions, efforts, occurrences, and communications related to the management of all youth referred to the department.

(a) The JJIS case notebook module is the sole source of documentation for all case management and supervision activities in all state-operated and provider community supervision programs. Each case note entered into the case notebook module shall be entered within seventy-two (72) hours of the event that is being documented. After seventy-two (72) hours, the case note is considered a “late entry” and must be labeled as such in the General Narrative section.

(b) At least one case note must be entered every ninety (90) days for all open cases, regardless of legal status.

(c) At least one case note shall address each open Youth Requirement every ninety (90) days for all youth on active supervision.

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.14, 985.145 FS. History–New 5-4-20, Amended 12-22-24.

Fla. Admin. Code R. 63D-13.0023 Initial Mental Health and Substance Abuse Screening

(1) All youth referred to the department shall receive an initial mental health and substance abuse screening as required by Chapter 985, F.S.

(2) The initial mental health and substance abuse screening is accomplished through administration of the Massachusetts Youth Screening Instrument – 2 (MAYSI-2).

(a) If the need for further assessment is indicated by the MAYSI-2, the youth shall be referred for comprehensive assessment.

(b) If the youth is to be released, the parent(s)/guardian(s) shall be informed of the results of the MAYSI-2 and shall be given information as to the location of the comprehensive assessment provider, the appointment time, if arranged by the JPO, and the importance of delivering the youth for the follow-up appointment.

(d) When the MAYSI-2 results or other information obtained indicates possible suicide risk, the youth shall be referred for an assessment of suicide risk to be conducted within twenty-four (24) hours or immediately if the youth is in crisis. An Assessment of Suicide Risk shall be documented on the Assessment of Suicide Risk Form (MHSA 004) which is incorporated by reference in Rule 63N-1.0093, F.A.C.

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.14, 985.145 FS. History–New 5-4-20.

Fla. Admin. Code R. 63D-13.0024 Comprehensive Assessment

(1) The comprehensive assessment process must include either the administration of the Substance Abuse and Mental Health Assessment (SAMH-2), or administration of an equivalent instrument approved by the department.

(a) The comprehensive assessment shall be administered and provided to the department within fourteen (14) calendar days.

(b) If not received within fourteen (14) calendar days, the JPO shall follow up with the provider to determine the status of the assessment and when it will be completed.

(c) After the comprehensive assessment is completed, the provider shall provide a written report of the results and outline recommendations for the disposition of the case.

(2) Recommendations can include 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. The JPO shall make referrals for services and facilitate the delivery of those services to the child, including any mental health services, educational services, family counseling services, family assistance services, and substance abuse services.

(3) If a Pre-Disposition report (PDR) is required, the JPO shall incorporate the recommendations from the comprehensive assessment and attach the comprehensive summary to the PDR. If the comprehensive assessment is not received on time to be included in the PDR, the JPO shall document all efforts made to obtain the assessment.

(4) The JPO shall forward the assessment to the detention center for youth held in secure detention.

(5) All individuals involved in the comprehensive assessment process shall comply with the confidentiality requirements outlined in Section 985.04, F.S.

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.14, 985.145 FS. History–New 5-4-20.

Fla. Admin. Code R. 63D-13.0025 Comprehensive Evaluation

(1) The comprehensive evaluation builds on the information gathered in previous assessments, screenings, and interviews with the youth and parent(s)/guardian(s) to provide a summary of the youth’s life that focuses on the following areas: vocational, academic, medical, mental health and substance abuse.

(a) The comprehensive evaluation is utilized by the department to identify the appropriate intervention, usually delivered in a residential setting, based on the unique needs of the individual youth.

(b) The JPO shall forward the referral packet to the designated provider that is responsible for completing the comprehensive evaluation. The referral packet shall include the following items:

Face Sheet;
School information such as grades, behavior records, attendance, and IQ scores;
Arrest affidavit, violation of supervision, or transfer request;
Victim statement(s) (if available);
CAT results;
MAYSI-2 results;
Any prior assessments available;
Any prior medical information available;
Available job history and vocational training history;
Latest PDR (if available); and
A signed Authority for Evaluation and Treatment (AET).

(c) The designated provider shall complete the comprehensive evaluation within twelve (12) calendar days of receiving the referral. After the comprehensive evaluation is completed, the provider shall provide a written report of the results and outline recommendations for the disposition of the case.

(d) If a Pre-Disposition Report (PDR) is required, the JPO shall incorporate the recommendations of the comprehensive evaluation and attach the comprehensive evaluation summary to the PDR. The JPO shall not attempt to summarize or interpret the comprehensive evaluation summary or any subsequent evaluation in the PDR.

(e) All individuals involved in the comprehensive evaluation process shall comply with the confidentiality requirements of Section 985.04, F.S.

(2) The JPO shall review the youth’s case with the JPOS to determine whether to pursue a commitment recommendation for the youth. If the result of this review is a recommendation for commitment, then the JPO shall work with a department commitment manager to conduct a multidisciplinary assessment as defined in Rule 63D-13.001, F.A.C. This information gathering exercise shall assist the department in determining the youth’s priority risks and needs, and a plan for treatment that recommends the most appropriate placement setting to meet the youth’s needs with the minimum program security needed that reasonably ensures public safety.

(3) If residential commitment is being considered or has been ordered by the court, a comprehensive evaluation shall be completed. The comprehensive evaluation shall be provided to the commitment manager prior to the commitment conference. If the evaluation is not completed by the date of the scheduled commitment conference, the JPO shall make every effort to obtain a draft for the conference. The final evaluation shall be provided before the youth is placed in a residential facility.

(4) A comprehensive evaluation is also required when youth on conditional release is transferred back to a residential commitment facility. If the most recent comprehensive evaluation is over twelve (12) months old, a new evaluation shall be completed to facilitate the transfer process. If available, the new evaluation shall be provided to the commitment manager prior to the transfer staffing. Otherwise, the new evaluation shall be provided before the youth is transferred back to a residential facility.

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.14, 985.145 FS. History–New 5-4-20, Amended 12-22-24.

Fla. Admin. Code R. 63D-13.003 Diversion

(1) Diversion services are non-judicial alternatives used to keep youth who have committed a delinquent act from being processed through the traditional juvenile justice system. These services are intended to intervene at an early stage of delinquency, and prevent subsequent offenses during and after participation in the programs. Referrals are determined based upon the youth’s current offense, delinquency history, and CAT results.

(2) Typical interventions of diversion programs include community service hours, restitution, random urinalysis, curfew, anger management, educational training, vocational services, and counseling services. Diversion programs may also include mentoring, providing instruction or imparting guidance outside the formal treatment intervention.

(3) Available diversion services are provided in the following forms, though not all are available in every locality:

(a) Prearrest delinquency citation programs provide law enforcement with an alternative to taking youth into custody, while ensuring swift and appropriate consequences for youth who commit non-serious offenses. A record check of the JJIS is completed to determine program eligibility. Upon receipt of the citation, the department or provider shall enter the required information into the Prevention Web.

(b) Department provided diversion programs involve sanctions and services monitored by a JPO. Participation may be authorized by the state attorney’s office or by the court order.

(c) Contracted diversion programs are structured diversion services provided to youth through a contract with a provider.

(d) Other community-based diversion programs are provided by community stakeholders or the court system and come in such forms as community arbitration, teen court, drug court diversion, and neighborhood accountability boards.

(4) Youth who accept a diversion option, but who do not complete the program shall be referred to the state attorney to determine if the youth will be recommended for formal processing or allowed to continue in the program.

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.601, 985.145 FS. History–New 5-4-20, Amended 12-22-24.

Fla. Admin. Code R. 63D-13.004 Community Supervision

(1) These rules address the supervision of youth in the community, to include youth on probation, conditional release (CR), and post-commitment probation (PCP). The Youth Empowered Success (YES) Plan is the document developed between the youth, parent(s)/guardian(s), and JPO to plan for the successful completion of court-ordered sanctions and address criminogenic needs. The Youth Empowered Success Plan (DJJ/CATFRM 1 08/2019) is incorporated, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11537.

(2) The JPO shall make an initial face-to-face contact with youth on community supervision.

(a) Initial contact will be made within the following timeframes:

For youth placed on probation at disposition, contact shall be made within three (3) business days of disposition.
For youth placed on CR or PCP following release from a residential program, contact shall be made within three (3) business days of the release date.

(b) The purpose of initial contact is to conduct a preliminary review of the court order and provide contact information to the youth and parent(s)/guardian(s).

(3) The JPO shall complete a risk and needs assessment using the CAT for all youth being supervised by the department on probation, CR, and PCP.

(a) All youth shall have a CAT completed prior to the development of the initial YES Plan.

(b) If a youth is identified as a moderate-high or high risk to re-offend by the CAT, the JPO shall complete a CAT Full Assessment prior to the development of the initial YES Plan.

(4) The initial YES Plan shall be developed with and signed by the youth, parent/guardian, JPO, and JPOS within thirty (30) calendar days of disposition, in the case of probation, or release, in the case of CR or PCP. The JPOS shall ensure that the YES Plan meets the requirements of this subsection before the YES Plan is provided to the youth and parent/guardian for signature. All original signatures must be included on one signature page in the fully approved YES Plan. An electronic signature for the JPO and JPOS is acceptable if the signature is applied prior to the youth’s and parent’s/guardian’s signatures.

(a) The JPOS shall enter an initial supervisory review note into the JJIS case notebook module within thirty (30) calendar days of disposition, in the case of probation, or release, in the case of CR or PCP, after the youth, parent, JPO, and JPOS have signed and dated the initial YES Plan. The date of the initial supervisory review note shall serve as the starting point for determining when all subsequent ninety (90)-day supervisory reviews shall be due.

(b) Court-ordered sanctions shall be documented in JJIS in the Youth Requirements Module.

Each youth requirement shall contain at least one specific action step for the youth, parent(s)/guardian(s), and JPO. Action steps shall clearly indicate who is responsible, what action shall be taken, and how often the action should be taken. If sanctions need to be completed during supervision, but are not going to start immediately, the requirement status shall be marked as pending. The requirement start date shall be estimated and the youth requirement shall be reassessed at each ninety (90)-day period. Once the sanction begins, the action steps must be completed. The JPO is responsible for monitoring court ordered restitution payments but are prohibited from accepting or receiving payments in any form.
For court-ordered sanctions that are not specifically addressed in the Graduated Response Matrix, comparable noncompliance thresholds must be outlined in the YES Plan. In addition to youth, parent/guardian, and JPO action steps, the youth requirement shall include the noncompliance threshold that requires a LIST 1 response, the noncompliance threshold that requires a LIST 2 response, and the noncompliance threshold that requires the JPO to file an Affidavit/Petition for Violation of Probation (for youth on probation or PCP) or submit an administrative transfer request (for youth on CR). The JPO must consider the youth’s risk to reoffend and severity of noncompliance with the court-ordered sanction when establishing noncompliance thresholds.
If sanctions need to be completed during supervision, but are not going to start immediately, the requirement status shall be marked as pending. The requirement start date shall be estimated and the youth requirement shall be reassessed at each ninety (90)-day period. Once the sanction begins, the action steps must be completed. The JPO is responsible for monitoring court ordered restitution payments but are prohibited from accepting or receiving payments in any form.

(c) For youth who are moderate-high and high risk to re-offend, at least one of the top three criminogenic needs shall be addressed by entering a Change Goal as a Youth Requirement in JJIS. A Change Goal is a performance goal included in the youth’s YES Plan that specifically addresses a criminogenic need(s). If a Change Goal is not a court-ordered sanction, it must be negotiated with the youth and parent(s)/guardian(s).

(d) For youth who are identified as high risk to re-offend, the YES Plan shall include a delinquency intervention that is recognized by the department as an evidence-based practice, a promising practice, or a practice with demonstrated effectiveness, that targets one of the top three criminogenic needs, unless the JPO documents in writing barriers to participation, such as the lack of available services, lack of youth readiness to voluntarily participate, transportation difficulties, or lack of parent/guardian approval for participation.

(e) The youth and parent(s)/guardian(s)shall be informed of the importance of complying and successfully completing the YES Plan and shall be provided with a copy of the approved YES Plan and the applicable page from the Graduated Response Matrix, as determined by the youth’s risk to reoffend or Special Public Safety Risk designation, within ten (10) calendar days of approval.

(5) The JPO shall refer the youth and parent(s)/guardian(s) to the appropriate service(s) and provide support and follow-up as identified below to ensure the completion of sanctions and goals in the YES Plan.

(a) The JPO shall make a direct referral to the service provider within ten (10) calendar days of the approval of the YES Plan.

(b) The JPO shall contact the service provider within thirty (30) calendar days of the approval of the YES Plan to ensure that the youth and parent(s)/guardian(s) have participated in the admission process and are receiving services.

(c) The JPO shall ensure that progress reports, written or verbal, are received from the provider on a regular basis. The JPO shall follow-up with the youth and parent(s)/guardian(s) on any treatment challenges communicated by the service provider.

(6) While the youth is under the supervision of the department the JPO shall make contacts with the youth and parent(s)/guardian(s) to ensure the youth’s compliance with the court order and the completion of YES Plan sanctions and goals.

(a) During the initial one-hundred and eighty (180) days of the youth’s supervision, the JPO shall utilize the most current CAT risk to re-offend level to determine the minimum number of face to face contacts.

Low and moderate risk to re-offend youth require, at a minimum, one face-to-face contact per month.
Moderate-high and high risk to re-offend youth require, at a minimum two face-to-face contacts per month. For moderate-high and high risk youth that are participating in a law enforcement officer (LEO) service such as curfew monitoring, weekend community service projects, mentoring, a monthly collateral contact with a LEO shall be counted as one personal face-to-face contact with the youth.

(b) If after one-hundred and eighty (180) days, the youth has successfully completed all sanctions and services, and has no pending new law or technical violations of supervision, the JPO shall submit a termination request to the court, and reduce the frequency of contacts as follows:

Low and moderate risk to re-offend youth require, at a minimum, one contact per month (face-to-face or by telephone).
Moderate-high-and high risk to re-offend youth require, at a minimum one face-to-face contact per month.
The JPO is permitted to step a youth down if restitution/court fees are the only sanction remaining so long as the youth has made a good faith effort to make regular payments.
If the youth incurs a new-law or technical violation of supervision during this time, the contact schedule shall revert to that which is outlined in the initial one-hundred and eighty (180) days.
Regardless of the CAT risk to re-offend level, the JPO shall make, at a minimum, one contact with the youth’s parent(s)/guardian(s), monthly. This requirement can be satisfied through face-to-face contact, telephone, email, or other electronic methods that can be adequately documented.

(7) Prolific Juvenile Offender (PJO) youth shall be contacted as follows, until the youth no longer meets the PJO eligibility criteria:

(a) Three contacts weekly face-to-face with the youth (LEO contacts with the youth do not count).

(b) One (1) face-to-face contact with a parent/guardian biweekly and one (1) weekly evening telephone call with a parent/guardian to verify curfew.

(c) During the initial twenty-one (21) days of PJO supervision, at least one face to face contact with the youth should occur on a Saturday or Sunday.

(d) PJO youth shall participate in a law enforcement curfew program, if available.

(8) The assessment of youth is not a one-time event, but an ongoing process. Therefore, the JPO shall update the youth’s risk and needs assessment to ensure that CAT results are reflective of the youth’s status, including changes in behavior and progress with YES Plan sanctions and goals.

(a) Re-assessments shall be done anytime there is a new law violation, after each new disposition, prior to each 90-day supervisory review, and as pre and post testing for all delinquency interventions.

(b) Youth who score low or moderate risk to reoffend upon program completion do not require a full CAT reassessment.

(9) The JPOS shall conduct a supervisory case review of each case at least once every ninety (90) calendar days while the youth is under supervision.

(a) The JPO shall update Youth Requirements in JJIS prior to the supervisory case review, to include closing completed or terminated sanctions and goals, updating action steps for pending sanctions and goals to reflect the youth’s progress, or adding sanctions or goals to address additional needs identified during supervision.

(b) The JPO shall update the youth’s risk and needs assessment pursuant to subsection (8) prior to each supervisory case review.

(c) The JPO shall update the YES Plan every ninety (90) days prior to the supervisory review. This includes developing a new YES Plan in JJIS. Printing and signing the form is not required. Hand written modifications are allowed between formal 90-day supervisory review updates.

(d) Within fourteen (14) calendar days of the supervisory case review, the JPO shall notify the youth and parents/guardian of the status of the YES Plan, including any changes made during the supervisory case review. This notification may occur verbally or in writing and shall be documented in the JJIS case notebook module.

(10) If a youth is placed in adult jail, the JPO shall continue case management responsibilities.

(a) The YES Plan shall become inactive and a “cannot complete” entered in the CAT. The YES Plan and CAT processes shall resume upon the youth’s release.

(b) If a youth is placed in adult jail, the JPO shall within two (2) business days of having knowledge that the youth is in jail:

Contact jail administration to request notification when or if the youth is released or bonded out of jail.
Make a face-to-face contact with the youth to explain that he/she will continue to be under DJJ supervision until jurisdiction expires or otherwise ordered by the court, and shall instruct the youth that, immediately upon release from jail, he/she must contact the assigned JPO to schedule a face-to-face appointment.
Contact the youth’s parent(s)/guardian(s) to explain that the youth will continue to be under DJJ supervision until jurisdiction expires or otherwise ordered by the court, and that the youth shall immediately upon release from jail, contact the assigned JPO to schedule a face-to-face appointment.
While the youth is in adult jail, a JPO shall make a minimum of one (1) face-to-face contact with the youth each month.

(c) Youth supervised by a provider who are in adult jail longer than ten (10) calendar days must be terminated/discharged from the provider program. The youth may be referred to the provider program upon his/her release from adult jail.

(d) Within three (3) business days of the youth’s release from jail, the JPO shall conduct a face-to-face meeting with youth and parent(s)/guardian(s) to complete a new CAT and to renegotiate action steps contained in the YES Plan, if applicable. The JPO shall remind the youth and parent(s)/guardian(s) that the same court-ordered sanctions and interventions are in effect as before he/she entered jail.

(e) Youth may be on dual status with the adult authorities, either the Department of Corrections or local county probation office. In such situations, the JPO shall establish open lines of communication and routinely contact his/her counterpart and share and request any information related to the youth’s progress or violations of supervision.

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.43514, 985.601 FS. History–New 5-4-20, Amended 12-22-24.

Fla. Admin. Code R. 63D-13.0041 Transfers of Supervision

(1) The JPO is authorized, with supervisory approval, to transfer active supervision of a case to another unit or circuit for courtesy supervision upon the relocation of a youth. The youth may relocate with a parent/guardian or relocate to an alternative living placement, excluding residential commitment. JPOs shall utilize email when notifying other counties or circuits of the relocation of a youth.

(2) The JPO shall provide written notification to the sheriff of both the sending and receiving counties of residence upon learning of the move or relocation of a youth who has an adjudication or adjudication withheld for a felony.

(a) When a youth relocates to Florida from another state, and supervision of the case has been approved through Interstate Compact, and the youth has been adjudicated or had adjudication withheld for a violent felony offense, the receiving JPO shall provide written notification to the local sheriff’s office.

(b) The JPO shall attach an updated face sheet to the sheriff’s notification.

(3) If the youth relocates within the circuit (intra-circuit), the JPOS shall prepare an email notification to the receiving unit JPOS, along with a Supervision Transfer Summary. The Supervision Transfer Summary is used to provide the receiving circuit of a youth’s case the youth’s address, living situation, legal status, a summary of the case(s), and the supervision adjustment. The Supervision Transfer Summary (DJJ/PROFRM 16 08/2019) is incorporated and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11538.

(4) If the youth relocates to another circuit (inter-circuit), the JPOS shall prepare an email notification to the sending ICJ Circuit Liaison who shall in turn notify by email the receiving ICJ Circuit Liaison, with a copy to the CPO, of the parent’s/guardian’s intent to relocate. The notification shall also include current demographic information for youth and parent(s)/guardian(s), as well as a Supervision Transfer Summary.

(5) If the receiving unit is in another circuit court’s jurisdiction, the JPO shall request the court transfer jurisdiction to the circuit in which the youth will be residing. The court may grant or reject the request.

(6) The receiving JPO shall make face-to-face contact with a parent/guardian within two (2) business days of receiving the transfer request and shall notify the sending JPO that initial contact has been made with the youth and a parent/guardian. The receiving JPO and JPOS shall assume all responsibility for risk assessments, YES Plan, and case reviews.

(7) For youth temporarily placed in a substance abuse, mental health, or other community-based residential treatment program, supervision shall be maintained, and not transferred. The assigned JPO shall continue to supervise the youth in accordance with the department approved contact schedule. Contacts with the youth may be telephonic, if outside the 50-mile radius. Contacts with youth, regardless of the method used, must be meaningful and must capture the youth’s progress in the program.

(8) The JPOS of the sending unit is responsible for ensuring that all procedures outlined above have been followed for the appropriate and efficient transfer of cases.

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.435, 985.46 FS. History–New 5-4-20, Amended 12-22-24.

Fla. Admin. Code R. 63D-13.0042 Violations of Supervision

(1) These rules apply to youth on probation, CR, and PCP. Possible violations of supervision include the following:

(a) New law violations;

(b) Technical violations; and

(2) The JPO shall investigate all known or reported violations of supervision. Such investigations shall include interviewing the supervised youth, parent(s)/guardian(s), family, school officials, and other relevant collateral sources. In the case of absconding, a diligent search must be completed.

(3) New law violations occur when a delinquency petition is filed for a youth on probation, CR, or PCP. In the case of a new law violation, the JPO shall file an Affidavit/Petition for Violation of Probation (for youth on probation or PCP) or administrative transfer request (for youth on CR). If applicable, the affidavit or request shall include all technical violations of supervision that were not previously included in any affidavit or request, regardless of whether or not the youth meets the VOP/TRANSFER noncompliance threshold in the Graduated Response Matrix; the affidavit or request shall document how the Graduated Response Matrix was used to address each instance of noncompliance. The JPO is not precluded from filing an affidavit or submitting an administrative transfer request based on the new law violation prior to the state attorney’s decision to file a petition. The Affidavit/Petition for Violation of Probation (DJJ/PROFRM 10 08/2019) is incorporated and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11539.

(4) Technical violations involve noncompliance with a youth’s court-ordered sanctions, or terms of conditional release, which may include, but are not limited to, community service, curfew, mental health or substance abuse evaluations and counseling, and school enrollment, attendance, and behavior. Technical violations shall be addressed in accordance with the Graduated Response Matrix, including those incurred simultaneously with a new law violation.

(a) Unless a previously filed Affidavit/Petition for Violation of Probation is pending disposition (for youth on probation or PCP) or a previously submitted administrative transfer request is pending a staffing (for youth on CR), within seven calendar days of becoming aware of a technical violation, the JPO shall utilize the Graduated Response Matrix to determine the appropriate response based on the youth’s risk to reoffend and the severity and frequency of the noncompliance.

If the youth meets the LIST 1 noncompliance threshold and has not previously met a LIST 1 or LIST 2 threshold for any other sanction, the JPO shall identify and implement at least one appropriate response from LIST 1.
If the youth meets the LIST 1 noncompliance threshold and has previously met a LIST 1 or LIST 2 threshold for any other sanction, the JPO and JPOS shall meet to determine whether a LIST 1 response(s), a LIST 2 response(s), or an Affidavit/Petition for Violation of Probation (for youth on probation or PCP) or an administrative transfer request (for youth on CR) is appropriate. The JPO and JPOS shall consider the volume, frequency, and severity of all noncompliance, as well as the youth’s age, maturity level, and criminogenic needs.
If the youth meets the LIST 2 noncompliance threshold and has not previously met a LIST 2 threshold for any other sanction, the JPO shall identify and implement at least one appropriate response from LIST 2.
If the youth meets the LIST 2 noncompliance threshold and has previously met a LIST 2 threshold for any other sanction, the JPO and JPOS shall meet to determine whether a LIST 2 response(s) or an Affidavit/Petition for Violation of Probation (for youth on probation or PCP) or an administrative transfer request (for youth on CR) is appropriate. The JPO and JPOS shall consider the volume, frequency, and severity of all noncompliance, as well as the youth’s age, maturity level, and criminogenic needs.
If the youth meets the VOP/TRANSFER noncompliance threshold, the JPO shall file an Affidavit/Petition for Violation of Probation (for youth on probation or PCP) or submit an administrative transfer request (for youth on CR). The affidavit or request shall include all technical violations of supervision that were not previously included in any affidavit or request; the affidavit or request shall document how the Graduated Response Matrix was used to address each instance of noncompliance.

(b) If a previously filed Affidavit/Petition for Violation of Probation is pending disposition (for youth on probation or PCP) or a previously submitted administrative transfer request is pending a staffing (for youth on CR), within three business days of becoming aware of any additional new law or technical violation(s), the JPO shall file an amended Affidavit/Petition for Violation of Probation or submit an amended administrative transfer request to include the additional violation(s).

(5) For the youth to meet the criteria for absconding, the JPO must have cause to believe that the youth is deliberately avoiding supervision by removing himself or herself from the home or community. A youth reported by family member, law enforcement agency, or foster care agency to have run away is considered an absconder.

(a) At the point the JPO considers the youth to have absconded, the JPO shall document all efforts to locate the youth. The JPO has no more than seventy-two (72) hours to complete the diligent search.

(b) Within one (1) business day of determining that the youth has absconded, the JPO shall complete and file with the court an Affidavit for An Order to Take into Custody, and an Affidavit/Petition for Violation of Probation.

(c) The JPO shall notify law enforcement of the absconded youth once an Affidavit for An Order to Take into Custody, and an Affidavit/Petition for Violation of Probation have been filed.

The referral indicating the violation of probation shall be entered in JJIS at the time the paperwork is submitted to the court.
The placement and alert of abscond status shall be entered in JJIS upon receipt of the signed Order to Take into Custody from the court.

(6) Non-compliance with the court order for youth on CR shall be addressed through the administrative transfer process.

(a) The transfer process shall be initiated by the JPO providing supervision and intervention services.

(b) The JPO initiating the transfer process shall forward copies of the transfer request paperwork to the youth, the youth’s parent(s)/guardian(s), the commitment manager, the youth’s attorney of record and, if applicable, the Department of Children and Families, the Guardian Ad Litem (GAL) and the youth’s attorney ad litem.

Commitment order;
Signed YES Plan;
Reasons for the request; and
Recommendation as to the restrictiveness level necessary to ensure protection of the public and to meet the treatment needs of the youth.

(d) The transfer request paperwork must be submitted to the commitment manager three (3) business days prior to the transfer staffing.

(e) The commitment manager shall chair a staffing with the program staff, the youth, the youth’s parent(s)/guardian(s), the JPO, and other interested parties who have information regarding the transfer request.

(f) Following the review, the commitment manager shall approve or deny the transfer. The commitment manager may approve a transfer to a program at the same or different restrictiveness level.

(7) If the department recommends a youth be transferred from conditional release to residential commitment program, the residential commitment manager will request a pick-up order from the youth’s assigned JPO. The JPO will attach the pick-up order to the Request for Transfer document. The JPO will send the documentation to the youth’s committing court. If the court doesn’t provide approval but takes no action in the ten (10) day period, the JPO shall follow up with the court on the status of the pick-up order.

(8) Within seventy-two (72) hours of the commitment manager’s decision to deny the transfer, the commitment manager shall send a letter to the youth, the parent(s)/guardian(s), the conditional release program that requested the transfer and the JPO.

(9) Disputes between department staff and/or the program over the decision to transfer or the placement of the youth considered for transfer shall be resolved at the lowest level possible, following the department’s chain of command.

History

Rulemaking Authority 985.438, 985.64, 985.601 FS. Law Implemented 985.435, 985.438, 985.439 FS. History–New 5-4-20, Amended 12-22-24.

Fla. Admin. Code R. 63D-13.0043 Termination of Supervision

(1) Completion of the court-ordered sanctions shall be the primary determinant when requesting termination of supervision. Voluntary goals shall not impede the release of a youth from supervision. The JPO shall recommend termination when the youth has complied with all court-ordered sanctions and completed any response(s) selected from the Graduated Response Matrix in response to noncompliance with court-ordered sanctions.

(a) If the youth has complied with all court-ordered sanctions without utilization of the Graduated Response Matrix during the course of supervision, the JPO shall request termination of supervision upon completion of the last completable sanction (e.g., community service or counseling).

(b) If the youth has complied with all court-ordered sanctions, but the Graduated Response Matrix was utilized during the course of supervision, the JPO shall request termination of supervision upon completion of the last completable sanction or (60) days after the youth completes the response(s) selected from the Graduated Response Matrix, whichever is later.

(c) The JPO shall continue to monitor compliance with ongoing court-ordered sanctions (e.g. curfew or school attendance) after requesting termination. Any violations of supervision that occur prior to termination shall result in withdrawal of the termination request and the appropriate course of action required by Rule 63D-13.0042, F.A.C.

(2) Prior to requesting termination, the JPO shall check with local law enforcement to determine if there are outstanding warrants or charges for the youth that have not been filed. At a minimum, this includes the sheriff or police department of the youth’s county and city of residence. The JPO shall also check the Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) system to determine if there are outstanding warrants. If outstanding warrants or charges are identified, staff shall inquire as to how the requesting entity wants to dispose of the warrant or charges.

(3) If the youth is on probation or PCP, the Progress Report form will be used to request termination and shall include the status of all court-ordered sanctions completed by the youth. The Progress Report Form (DJJ/PROFRM 12 08/2019) is incorporated, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11540. If applicable, the request shall address the youth’s demonstrated changes in criminogenic needs and protective factors.

(4) If the youth is on CR, the JPO will follow the procedure described in Division 63T, F.A.C., wherein the JPO will complete all documents required of residential commitment facilities.

(5) Each youth shall have a final risk and needs assessment using the CAT to serve as a marker of the youth’s status at the end of supervision. This assessment shall be completed within the last thirty (30) days of supervision.

(6) The JPO shall notify the court fifteen (15) business days prior to the loss of jurisdiction of a case by submitting a Progress Report. Upon loss of jurisdiction, the JPO shall close the case.

(7) Within five (5) business days of receipt of the court’s termination order or the date of loss of jurisdiction, the JPO shall update JJIS.

(8) The JPO shall notify the youth and a parent/guardian in writing that the youth is no longer under supervision.

(9) Termination shall be sought for youth who are in substantial compliance with restitution and court fees. Substantial compliance means that the youth has exhibited, through routine payments, the intention to follow through with his or her obligation. The JPO shall verify the amount of restitution paid with the clerk of court.

(a) The JPO shall recommend that the court retain jurisdiction for restitution and court fees if full payment has not yet been made.

(b) The JPO shall notify the youth and parent(s)/guardian(s) that, by retaining jurisdiction, the court may find the youth in contempt for failure to make timely payments.

History

Rulemaking Authority 985.438, 985.64, 985.601 FS. Law Implemented 985.14, 985.435, 985.438 FS. History–New 5-4-20, Amended 12-22-24.

Fla. Admin. Code R. 63D-13.005 Juvenile Assessment Centers

(1) Juvenile Assessment Centers (JAC) can be found throughout much of the state and are used as sites for housing central intake units for screening youth as they enter the juvenile justice system. Each JAC is diverse and composed of the resources of the community, which it serves. Most JACs are open twenty-four (24) hours a day to provide detention screening for arrested youths. No matter how configured or designed, JACs expedite the booking and evaluation process of youth who are arrested and facilitate the more efficient use of law enforcement officials, court personnel, and juvenile justice personnel. Many JACs conduct intake, detention screening, substance abuse screening, physical and mental health screening, diagnostic testing, and other related services deemed appropriate to the needs of the community.

(2) By statute, JACs must enter into interagency agreements with various agencies and organizations to maximize the effectiveness of service provision. The local JAC advisory committee, which shall be comprised of individuals who represent the agencies participating in the JAC, shall develop an interagency agreement that includes provisions regarding the development of protocols and procedures for conflict resolution, resource identification, roles, responsibilities, and communication between the agencies, and the daily operation of the JAC. In JACs where the department is not directly responsible for the functions defined herein, the interagency agreement must satisfy all requirements of this rule prior to department approval.

(3) Because local law enforcement agencies and local departments of corrections are often involved in staffing a JAC, the department shall rely on law enforcement standards where applicable.

(4) In Rules 63D-13.0051 through .0054, F.A.C., the term “JAC” shall apply to all detention screening locations, including those that are not formally identified as JACs through an interagency agreement.

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.03, 985.135, 985.601 FS. History–New 5-4-20, Amended 12-22-24.

Fla. Admin. Code R. 63D-13.0051 Admission of Youth

(1) Prior to being accepted in the JAC for detention screening, each youth shall have an initial medical and mental health clearance using the Probation Medical and Mental Health Clearance Form. The JPO/Screener or other authorized staff shall evaluate the condition of each youth prior to being accepted into the JAC for detention screening. The Probation Medical and Mental Health Clearance Form (HS 051) is incorporated by reference in Rule 63M-2.0041, F.A.C.

(a) If the clearance process reveals one or more medical or mental health concerns, the law enforcement officer shall be informed immediately so that they can transport the child to the appropriate facility to be seen by a qualified health care professional.

(b) If the law enforcement officer disagrees with the resulting need for medical clearance or refuses to transport the youth to the appropriate facility, the JPO/Screener or other authorized staff shall provide the law enforcement officer with copies of Sections 985.115(2)(c)-(e), F.S., and the local interagency agreement. Both should be posted in a prominent place.

(c) If the disagreement has still not been resolved, the JPO/Screener shall contact the JPOS/Screener Supervisor, who shall contact the law enforcement officer’s supervisor. The department and law enforcement agency should subsequently resolve any issues of dispute following the appropriate chain of command.

(d) The Probation Medical and Mental Health Clearance Form shall be made a part of the packet of documents transferred to the detention center if the youth is eligible for, and is transported to, secure detention. A copy of the form shall be placed in the youth’s case file.

(2) During the initial JAC intake each youth shall be screened for suicide risk. The JPO/Screener shall administer the Suicide Risk Screening Inventory (SRSI) (MHSA 0024), that is incorporated by reference in Rule 63N-1.0051, F.A.C. 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), that is incorporated by reference in Rule 63N-1.0092, F.A.C.

(3) 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) If EMS determines that the youth requires prompt medical attention, the youth shall be immediately transported to the hospital via ambulance, regardless of his or her screening status.

(b) The JAC interagency agreement shall identify which staff shall accompany the youth, in the case of a youth not eligible for secure detention and remain at the hospital until the parent(s)/guardian(s) arrives.

(c) If the detention screening was completed and the youth was determined to be eligible for secure detention, then a security plan while in the hospital shall be implemented in accordance with the JAC interagency agreement.

(d) If the youth requires hospitalization and has not been screened for detention, the JPO/Screener shall collect sufficient information telephonically and by other sources to complete the DSI to make a preliminary determination as to the youth’s qualification for secure detention, supervised released, or release with no detention status.

(e) If the youth requires hospitalization, has been screened for detention, and is to be released, then the JPO/Screener or other authorized staff shall facilitate the release of the youth to the parent(s)/guardian(s), who shall then assume custody of the youth.

(f) If the youth requires hospitalization, has been screened for detention, and is awaiting transportation to the detention center, the JPO/Screener or other authorized staff shall contact the detention center superintendent or designee to inform them as to which hospital the youth has been transported. As part of this process, the detention center shall deploy detention center staff to the hospital as soon as possible, but no later than three hours after receiving notice of the medical emergency.

(4) Mental health or substance abuse emergencies may occur in the JAC after the custody of the youth has been accepted from law enforcement. Procedures shall be in place at the JAC to ensure that staff immediately contact emergency medical services (911) for youth who are believed to be an imminent danger to themselves or others because of mental illness or substance abuse impairment.

(a) Procedures shall be in place for contacting the designated law enforcement agency and arranging for transportation of a youth believed to be mentally ill from the facility to a mental health receiving facility when the youth appears to meet the criteria for involuntary examination set forth in Section 394.463, F.S.

(b) Procedures shall be in place for transporting a youth who is believed to be substance abuse impaired, for emergency admission to a hospital, licensed detoxification facility, or addictions receiving facility. If involuntary substance abuse admission is initiated under Section 397.675, F.S., a law enforcement officer may implement protective custody measures as described in Section 397.677, F.S., and take the youth to a hospital or licensed detoxification or addictions receiving facility.

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.135 FS. History–New 5-4-20.

Fla. Admin. Code R. 63D-13.0052 Screening for Medical Conditions and Handling

(1) If the youth reports that he or she is taking insulin, the JPO/Screener or other authorized staff shall advise the law enforcement officer to take the youth to a licensed health care professional for an assessment to ensure that the youth’s blood sugar levels are at satisfactory levels for admission into the JAC. The youth shall not be accepted for screening until documentation is provided by a licensed health care professional that the youth has an acceptable blood sugar level. Upon return to the JAC the youth shall be kept on constant sight and sound observation and shall be prioritized for completion of the screening process.

(2) Youth who report taking any one of the following medications shall be accepted for detention screening at the JAC: seizure medication, asthma medication, heart medication, psychotropic medication, blood pressure medication, or non-insulin diabetes medication. These youths shall be prioritized for completion of the screening process.

(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/Screener or other authorized staff shall advise the parent(s)/guardian(s) to deliver the youth’s medication as soon as possible.

(4) If the youth is on medication, in need of the next dose, and is not eligible for secure detention, the parent(s)/guardian(s) shall be notified to bring the medication when they come to the JAC to pick up the youth. In the event that the JPO/Screener or other authorized staff cannot reach the parent(s)/guardian(s), or if they refuse to respond, the JPO/Screener or other authorized staff shall make arrangements to transport the youth home, or to a responsible adult, and the JPO/Screener or other authorized staff shall verbally advise the parent or the responsible adult of the youth’s need for medication.

(5) In the event that the youth needs to be placed in a shelter, the JPO or other authorized staff shall verbally advise the shelter supervisor prior to admission of the youth’s imminent need for medication.

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.115, 985.135 FS. History–New 5-4-20.

Fla. Admin. Code R. 63D-13.0053 Holding Cells

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

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

(2) Staff shall visually observe youth in holding cells every 10 minutes;

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

(4) The observations and reviews shall be documented in writing; and

(5) 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.

(6) Youth requiring Suicide Precautions shall not be placed in a holding cell.

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.135 FS. History–New 5-4-20.

Fla. Admin. Code R. 63D-13.0054 Release of Youth

(1) A goal of the department is that youth shall not be held in a JAC for longer than six (6) hours from the time he or she is turned over to the JPO from law enforcement or other authorities. If a youth is held over the six (6) hour period for any reason, the reason for the delay and the actions taken to comply with this six (6) hour goal shall be documented. Management shall use this documentation to identify any systemic problems with meeting the six-hour timeframe.

(2) If it is determined that the youth is in need of non-emergency medical attention, the following shall take place based on the youth’s screening status:

(a) Upon arrival to pick up the youth from the JAC, the parent(s)/guardian(s) shall be notified verbally and in writing by the JPO that the youth appears to be ill or has complained of illness or injury, and that further medical assessment is needed after release. The parent(s)/guardian(s) shall provide written acknowledgement indicating their understanding of the situation.

(b) For youth being released to secure detention, the detention center superintendent or designee shall be notified immediately by phone of the youth’s illness or injury. This person shall be provided all available information regarding the youth’s specific symptoms or complaints to facilitate an appropriate and timely medical assessment.

(3) If a youth admitted to a JAC is identified through screening or other sources as a potential suicide threat, but the youth does not meet the criteria for immediate transportation to a facility for evaluation, the following is required:

(a) If the youth is to be released to the parent(s)/guardian(s), the parent(s)/guardian(s) shall be informed that suicide risk factors were disclosed during preliminary screening, and that a full assessment of suicide risk should be conducted by a qualified mental health professional. The parent(s)/guardian(s) shall be provided with the Suicide Risk Screening Parent/Guardian Notification form (MHSA 003). A copy of the form shall be permanently filed in the youth’s case file.

(b) If the youth is being detained in secure detention, a suicide risk alert shall be immediately entered into JJIS and the youth placed on constant observation until an assessment of suicide risk is conducted. The JPO will write “suicide risk” on the top page of the detention packet and verbally notify the detention center superintendent or designee prior to the youth’s transfer from the JAC and notify the transportation staff upon their arrival.

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.115, 985.135 FS. History–New 5-4-20.

Fla. Admin. Code R. 63D-13.006 Non-Residential Facilities

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.03, 985.601 FS. History–New 5-4-20, Repealed 12-22-24.

Fla. Admin. Code R. 63D-13.0061 Safety and Administration

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.03, 985.601 FS. History–New 5-4-20, Repealed 12-22-24.

Fla. Admin. Code R. 63D-13.0062 Service Delivery

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.03, 985.601 FS. History–New 5-4-20, Repealed 12-22-24.

Fla. Admin. Code R. 63D-13.0063 Minimum-Risk Commitment

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.03, 985.601 FS. History–New 5-4-20, Repealed 12-22-24.

Fla. Admin. Code R. 63D-13.0064 Progress Reports

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.03, 985.455, 985.601 FS. History–New 5-4-20, Repealed 12-22-24.

Fla. Admin. Code R. 63D-13.0065 Release

History

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.03, 985.455, 985.601 FS. History–New 5-4-20, Repealed 12-22-24.

Division 63E Residential Services

Chapter 63E-2 BOOT CAMP PROGRAMS FOR CHILDREN

Fla. Admin. Code R. 63E-2.003 Definitions

History

Rulemaking Authority 39.012 FS. Law Implemented 39.001, 39.002 FS. History–New 1-31-94, Formerly 10Q-5.003, Repealed 2-22-07.

Fla. Admin. Code R. 63E-2.005 Admission Criteria

History

Rulemaking Authority 39.012, 39.057(3) FS. Law Implemented 39.001, 39.002, 39.054, 39.057 FS. History–New 1-31-94, Formerly 10Q-5.005, Amended 12-4-97, Repealed 2-22-07.

Fla. Admin. Code R. 63E-2.006 Admission Procedures

History

Rulemaking Authority 39.012 FS. Law Implemented 39.001, 39.002, 39.054, 39.057 FS. History–New 1-31-94, Formerly 10Q-5.006, Amended 12-4-97, Repealed 2-22-07.

Fla. Admin. Code R. 63E-2.013 Behavior Management

History

Rulemaking Authority 39.012 FS. Law Implemented 415, 39.044(2), 39.057 FS. History–New 1-31-94, Formerly 10Q-5.013, Amended 12-4-97, Repealed 2-22-07.

Fla. Admin. Code R. 63E-2.014 Disciplinary Confinement

History

Rulemaking Authority 39.012, 39.021 FS. Law Implemented 39.001, 39.002, 39.021 39.057 FS. History–New 1-31-94, Formerly 10Q-5.014, Amended 12-4-97, Repealed 2-22-07.

Chapter 63E-3 SERIOUS HABITUAL OFFENDER PROGRAMS

Fla. Admin. Code R. 63E-3.001 Purpose and Scope

History

Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New 12-24-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-3.002 Definitions

History

Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New 12-24-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-3.003 Administration of the Serious or Habitual Juvenile Offender (SHO) Program

History

Specific Authority 985.47(10), 985.64 FS. Law Implemented 985.47(10) FS. History–New 12-24-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-3.004 Sanitation

History

Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New 12-24-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-3.005 Safety and Security

History

Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New 12-24-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-3.006 Continuity of Operations Planning

History

Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New 12-24-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-3.007 Youth Admission

History

Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New 12-24-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-3.008 Intake

History

Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New 12-24-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-3.009 Orientation

History

Specific Authority 985.47, 985.64 FS. Law Implemented 985.47 FS. History–New 12-24-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-3.010 Case Management

History

Specific Authority 985.47(10), 985.64 FS. Law Implemented 985.47(10) FS. History–New 12-24-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-3.011 Behavior Management

History

Specific Authority 985.47(10), 985.64 FS. Law Implemented 985.47(10) FS. History–New 12-24-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-3.012 Youth Services

History

Specific Authority 985.47(10), 985.64 FS. Law Implemented 985.47(10) FS. History–New 12-24-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-3.013 Construction

History

Specific Authority 985.47(12), 985.64 FS. Law Implemented 985.47(12) FS. History–New 12-24-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-3.014 Program Monitoring and Evaluation

History

Specific Authority 985.47(8), (11), 985.64 FS. Law Implemented 985.47(8), (11) FS. History–New 12-24-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-3.015 Research Projects

History

Specific Authority 985.47(11), 985.64 FS. Law Implemented 985.47(11) FS. History–New 12-24-07, Repealed 1-25-09.

Chapter 63E-4 INTENSIVE RESIDENTIAL TREATMENT PROGRAMS

Fla. Admin. Code R. 63E-4.001 Purpose and Scope

History

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483 FS. History–New 7-11-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-4.002 Definitions

History

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483 FS. History–New 7-11-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-4.003 Administration

History

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483 FS. History–New 7-11-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-4.004 Sanitation

History

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483 FS. History–New 7-11-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-4.005 Safety and Security

History

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483 FS. History–New 7-11-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-4.006 Disaster Planning

History

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483 FS. History–New 7-11-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-4.007 Behavior Management

History

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483(9) - (10) FS. History–New 7-11-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-4.008 Case Management

History

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483(11) FS. History–New 7-11-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-4.009 Intake

History

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483(8), (10) FS. History–New 7-11-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-4.010 Orientation

History

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483 FS. History–New 7-11-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-4.011 Youth Services

History

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483(9) FS. History–New 7-11-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-4.012 Construction

History

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483(12) FS. History–New 7-11-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-4.013 Program Monitoring and Evaluation

History

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483(8)-(9) FS. History–New 7-11-07, Repealed 1-25-09.

Fla. Admin. Code R. 63E-4.014 Research Projects

History

Specific Authority 985.483, 985.64 FS. Law Implemented 985.483(11) FS. History–New 7-11-07, Repealed 1-25-09.

Chapter 63E-6 Sheriff’s Training and Respect (STAR) Programs

Fla. Admin. Code R. 63E-6.001 Purpose and Scope

History

Rulemaking Authority 985.3091, 985.405 FS. Law Implemented 985.3091 FS. History–New 11-19-06, Repealed 1-9-11.

Fla. Admin. Code R. 63E-6.002 Definitions

History

Rulemaking Authority 985.4891, 985.645 FS. Law Implemented 985.4891 FS. History–New 11-19-06, Amended 12-24-07, Repealed 1-9-11.

Fla. Admin. Code R. 63E-6.003 Admission Criteria

History

Rulemaking Authority 985.4891, 985.645 FS. Law Implemented 985.4891(2), (7)(a) FS. History–New 11-19-06, Amended 8-23-07, 12-24-07, Repealed 1-9-11.

Fla. Admin. Code R. 63E-6.004 Admission Procedures

History

Rulemaking Authority 985.3091, 985.405 FS. Law Implemented 985.3091(2), (7) FS. History–New 11-19-06, Repealed 1-9-11.

Fla. Admin. Code R. 63E-6.005 Program Orientation

History

Rulemaking Authority 985.3091, 985.405 FS. Law Implemented 985.3091(3) FS. History–New 11-19-06, Repealed 1-9-11.

Fla. Admin. Code R. 63E-6.006 Program Components

History

Rulemaking Authority 985.4891, 985.645 FS. Law Implemented 985.4891(3), (4) FS. History–New 11-19-06, Amended 12-24-07, Repealed 1-9-11.

Fla. Admin. Code R. 63E-6.007 Behavior Management

History

Rulemaking Authority 985.3091, 985.405 FS. Law Implemented 985.3091(3), (7) FS. History–New 11-19-06, Repealed 1-9-11.

Fla. Admin. Code R. 63E-6.008 Operational Inspections

History

Rulemaking Authority 985.3091, 985.405 FS. Law Implemented 985.3091(8) FS. History–New 11-19-06, Repealed 1-9-11.

Fla. Admin. Code R. 63E-6.009 Program Administration

History

Rulemaking Authority 985.3091, 985.405 FS. Law Implemented 985.3091(3)-(5), (7), (9) FS. History–New 11-19-06, Repealed 1-9-11.

Fla. Admin. Code R. 63E-6.010 Staff Training Requirements

History

Rulemaking Authority 985.3091, 985.405 FS. Law Implemented 985.3091(6), (9) FS. History–New 11-19-06, Repealed 1-9-11.

Fla. Admin. Code R. 63E-6.011 Youth Release or Transfer

History

Rulemaking Authority 985.3091, 985.405 FS. Law Implemented 985.3091(7), (10) FS. History–New 11-19-06, Repealed 1-9-11.

Fla. Admin. Code R. 63E-6.012 Residential Substance Abuse Treatment Overlay Services

History

Rulemaking Authority 985.4891, 985.645 FS. Law Implemented 985.4891(3) FS. History–New 12-24-07, Repealed 1-9-11.

Chapter 63E-7 OPERATION OF RESIDENTIAL PROGRAMS

Fla. Admin. Code R. 63E-7.001 Purpose and Scope

History

Rulemaking Authority 985.64, 985.601(3)(a), 20.316, 985.47, 985.483 FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441(1)(b), 985.48, 985.47, 985.483 FS. History-New 9-30-07, Amended 8-25-08, 1-25-09, Repealed 5-30-19.

Fla. Admin. Code R. 63E-7.002 Definitions

History

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, 7-20-10, 12-20-10, 3-6-12, Repealed 5-30-19.

Fla. Admin. Code R. 63E-7.003 Youth Admission

History

Rulemaking 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 3-6-12, Repealed 5-30-19.

Fla. Admin. Code R. 63E-7.004 Youth Intake

History

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, 12-21-09, Repealed 5-30-19.

Fla. Admin. Code R. 63E-7.005 Youth Orientation

History

Rulemaking 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, Repealed 5-30-19.

Fla. Admin. Code R. 63E-7.006 Quality of Life and Youth Grievance Process

History

Rulemaking 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 7-20-10, 3-6-12, Repealed 5-30-19.

Fla. Admin. Code R. 63E-7.007 Youth Hygiene and Dress Code

History

Rulemaking 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 1-25-09, Repealed 5-30-19.

Fla. Admin. Code R. 63E-7.008 Facility and Food Services

History

Rulemaking 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 8-25-08, 1-25-09, Repealed 5-30-19.

Fla. Admin. Code R. 63E-7.009 Behavior Management

History

Rulemaking 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 8-25-08, 5-4-10, 3-6-12, Repealed 5-30-19.

Fla. Admin. Code R. 63E-7.010 Residential Case Management Services

History

Rulemaking Authority 985.64 FS. Law Implemented 985.601(3)(a) FS. History–New 12-9-08, Amended 12-21-09, 5-4-10, Amended 7-20-10, 3-6-12, Repealed 5-30-19.

Fla. Admin. Code R. 63E-7.011 Delinquency Intervention and Treatment Services

History

Rulemaking Authority 985.64 FS. Law Implemented 985.601(3)(a) FS. History–New 12-9-08, Amended 12-21-09, 5-4-10, 7-20-10, 3-6-12, Repealed 5-30-19.

Fla. Admin. Code R. 63E-7.012 Transfer, Release and Discharge

History

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 1-3-08, Amended 8-25-08, 12-21-09, Repealed 5-30-19.

Fla. Admin. Code R. 63E-7.013 Safety and Security

History

Rulemaking 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, 7-20-10, Repealed 5-30-19.

Fla. Admin. Code R. 63E-7.014 Staff Training

History

Rulemaking Authority 985.64, 985.601(3)(a), 985.601(8), 20.316 FS. Law Implemented 985.601(3)(a), 985.601(8) FS. History–New 1-3-08, Repealed 5-30-19.

Fla. Admin. Code R. 63E-7.016 Program Administration

History

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, 7-20-10, 3-6-12, Repealed 5-30-19.

Fla. Admin. Code R. 63E-7.100 Definitions

For the purpose of this rule chapter, governing the administration and operation of residential commitment programs for youth, the following words shall have the meanings indicated.

(1) Academic Progress Monitoring Plan – An individualized academic plan that is developed, pursuant to Rule 6A-6.05281, F.A.C., by the Florida Scholars Academy within 30 calendar days of a youth’s entry into a residential commitment program that is based on the youth’s entry assessments and past educational history.

(2) Accountability – A youth taking personal responsibility for his or her actions and harm caused to others, making amends or restoring loss to those harmed, and changing behavior to reduce future harm and victimization.

(3) Admission – The admitting of a youth, committed by the court, into a specific residential commitment facility.

(4) Alert System – A method of alerting staff that a youth has physical health, mental health, or security issues that may require individual attention or closer supervision. An alert system is a tool for staff to use in making treatment, security and safety decisions as they relate to youth behavior, but does not provide detailed information about the conditions that resulted in the youth being identified for inclusion in the alert system.

(5) Apology letter – A youth’s letter to the victim of his or her crime, or the next of kin in cases of homicide, or the parent or legal guardian in cases involving minor victims, in which the youth acknowledges personal accountability for the harm he or she caused the victim, as well as sincerely expresses remorse.

(6) Attorney of Record – A licensed attorney who represents the youth on a previous or pending case, or an attorney who has written authorization from the youth or the youth’s parent or legal guardian to provide legal consultation or representation for the youth.

(7) Authority for Evaluation and Treatment (AET) – The document that, when signed by a parent or legal guardian, gives the department the authority to assume responsibility for the provision of necessary and appropriate physical and mental health care for a youth in the department’s physical custody.

(8) Behavior Management System (BMS) – The use of techniques and strategies to change and motivate a youth’s actions, such as getting them to follow the rules, increasing personal accountability and developing pro-social skills.

(9) Case Management Process – The process a residential commitment program uses to assess a youth, develop goals to address the youth’s prioritized needs, review and report the youth’s progress, and plan for the youth’s transition to the community upon release.

(10) Central Communications Center (CCC) – The unit located in department headquarters that is charged with receiving reports regarding incidents and events involving youths in department custody or under supervision, and state and contracted employees from all department and provider facilities, programs funded in whole or in part, offices or sites operated by the department, a provider or grantee.

(11) Classification and Placement Administration – The department’s unit responsible for providing statewide direction and oversight responsibilities to regional placement supervisors and their commitment staff.

(12) Commitment Manager – A department employee responsible for coordinating the placement of youth in residential commitment programs with the department’s Classification and Placement Administration and the programs.

(13) Commitment/Transfer Packet – A compilation of legal, medical, mental health, substance abuse, and social history documents provided to a residential commitment program for each youth admitted to the program

(14) Commitment/Transfer Packet Checklist – A checklist to ensure that documents needed for an admission, including a transfer, to a residential commitment program are included in the Commitment/Transfer Packet.

(15) Community Projects – A structured public service activity wherein youth contribute to the community and make amends, while developing community awareness and skill competencies.

(16) Competency Development – Opportunities for youth to obtain and practice social, career, employability, academic, and other life skills so he or she is more capable of living responsibly and productively in the community upon release from a residential commitment program.

(17) Comprehensive Physical Assessment (CPA) – A comprehensive physical assessment (exam) performed by a physician (MD), osteopathic physician (DO), physician’s assistant (PA), or advanced practice registered nurse (APRN). The purpose of this assessment is the establishment of a data point, which is used to facilitate the following:

(a) Identification and treatment of acute, chronic, and functional medical and dental problems;

(b) Promotion of growth and development;

(d) Provision of health education.

(18) Conflict Resolution – A process wherein all parties involved in a conflict feel safe and have a chance to be heard while working out differences and reaching a reasonable and fair agreement.

(19) Continuity of Operations Plan (COOP) – For purposes of this rule, a plan that provides for the continuity of mission-essential functions of a residential commitment program in the event an emergency prevents occupancy of its primary physical plant or facility.

(20) Contraband –

(a) Any item or article inside or on the property of a residential commitment program, or in the possession of a youth or staff that was not:

Issued by the program;
Approved for purchase through an approved source;
Authorized and approved for delivery by mail; or
Authorized to be brought into the residential commitment program.

(b) Any item or article which is altered from its original design or is being used for a purpose other than that for which it was designed or authorized.

(21) Contracted Provider – An entity contractually providing juvenile services to the department.

(22) Controlled Observation – An immediate, short-term crisis management strategy to be used only when all other de-escalation strategies have been unsuccessful.

(23) Criminogenic – The factors or characteristics found in empirical research studies to be predictors of delinquency and recidivism.

(24) Delinquency Interventions and Treatment Services – Those services implemented or delivered by program staff to address youths’ performance and treatment plan goals. Delinquency interventions and treatment services must demonstrate a level of effectiveness based on one of the following categories:

(a) Evidence-Based – Interventions and practices, which have been independently evaluated and found to reduce the likelihood of recidivism and address at least two criminogenic needs, within a juvenile offending population. The evaluation must have used sound methodology, including, but not limited to, random assignment, use of control groups or matched comparison groups, valid and reliable measures, low attrition, and appropriate analysis.

(b) Demonstrated Effectiveness – Interventions and practices based on general principles, strategies, and modalities reported in criminological, psychological, or other social science research as being effective with a juvenile offending population. These practices must be outlined in a format that ensures consistent delivery by the facilitator across multiple groups.

(c) Promising Practice – Manualized curricula that have been evaluated and found to reduce the likelihood of recidivism and address at least one criminogenic need within a juvenile offending population.

(d) Any other delinquency interventions and treatment services approved by the department.

(25) Designated Mental Health Clinician Authority – A Licensed Mental Health Professional who, through employment or contract, is responsible for ensuring appropriate coordination and implementation of mental health and substance abuse services in a departmental facility or program.

(26) Direct-Care Staff – An employee whose primary job responsibility is to provide care, custody, and control of youth committed to a residential commitment program.

(27) Disaster Plan – A plan that addresses a residential commitment program’s response to potential disaster or emergency situations.

(28) Discharge – The release of a youth from a residential commitment program who is no longer under the jurisdiction of the court.

(29) DJJ ID Number – A number generated by the Juvenile Justice Information System (JJIS) that is used to identify each youth entered into JJIS.

(30) Escape Notification Form – A form used by a residential commitment program to notify law enforcement and the department when a youth escapes or absconds and is away from the facility premises without permission. It provides youth-specific information that might be helpful in locating the youth.

(31) Exit Conference – A conference that a residential commitment program conducts at least 14 days prior to a youth’s targeted release date, wherein the youth, residential program staff, the youth’s Juvenile Probation Officer and post-residential services counselor, the youth’s parent(s), legal guardian, or supportive person(s) for youth, and other pertinent parties, review the status of the youth’s transitional activities and finalize plans for the youth’s release and re-entry into the community.

(32) Face Sheet – Youth specific demographic information that is generated by JJIS.

(33) Facility Entry Screening – The gathering of preliminary information used in determining a youth’s need for emergency services, further evaluation, assessment, or referral.

(34) Frisk Search – A search conducted by residential program staff through the youth’s clothing. Staff shall not conduct opposite-sex frisk searches.

(35) Full Body Visual Search – A search that requires youth to remove or arrange some or all of their clothing so as to permit a visual inspection of the youth. All full body visual searches shall be conducted by two staff members.

(36) Grievance Procedure – A procedure for addressing youth grievances in residential commitment programs.

(37) Home Visit – A court-approved, temporary release of a youth from a residential commitment program wherein the youth is under the care, supervision and control of a parent, legal guardian, or a person approved by the court for a period not to exceed three days before returning to the program.

(38) Impact of Crime (IOC) Curriculum – A delinquency intervention developed by the department that includes competency development, community safety, and personal accountability for the harm caused.

(39) Individual Health Care Record – The permanent departmental file containing the unified cumulative hard-copy collection of clinical records, histories, assessments, treatments, diagnostic tests which relate to a youth’s medical, mental health, substance abuse, developmental disability, behavior health and dental health which have been obtained to facilitate care or document care provided while the youth is in a detention center and residential commitment program.

(40) Individual Case Management Record – The organized collection of records and documents that relate to a youth’s care, custody and delinquency interventions and treatment services in a residential commitment program, with the exception of records relating to the youth’s medical, mental health, substance abuse, development disability, behavior health and dental health that comprise the youth’s Individual Healthcare Record.

(41) Intervention and Treatment Team – A multidisciplinary team responsible for implementing the case management process that focuses on planning for and ensuring delivery of coordinated delinquency interventions and treatment services to meet the youth’s prioritized needs. The team is comprised of the youth, parent(s), legal guardian, or supportive person(s) for youth, representatives from the program’s administration and residential living environment, assigned Juvenile Probation Officer (JPO), and others responsible for delinquency interventions and treatment services for the youth. Refer to the definition of case management process included in this rule section.

(42) Jimmy Ryce Act Process for Violent Sexual Offenders – As defined in Sections 394.910 – 394.932, F.S., is a process that determines if individuals whose offense(s) has/have been of a sexual nature that meet the statutory criteria for involuntary civil commitment to the Department of Children and Family (DCF) services.

(43) Juvenile Justice Information System (JJIS) – The department’s electronic information system used to gather and store information on youth having contact with the department.

(44) Juvenile Probation Officer (JPO) – The primary case manager for the purpose of managing, coordinating and monitoring the services provided and sanctions required for youth on probation or conditional release supervision. In this rule chapter, whenever a reference is made to the tasks and duties of a JPO, it shall also apply to case management staff of a provider agency contracted to perform these duties and tasks.

(45) Juvenile Sex Offender – As defined in Section 985.475, F.S, a juvenile who has been found by the court to have committed a violation of Chapters 794, 796, 800, and Section 827.071 or 847.0133, F.S.

(46) Length of Stay –The length of time a youth resides in a residential commitment program.

(47) Licensed Mental Health Professional – A Psychiatrist licensed pursuant to Chapter 458 or 459, F.S., who is board certified in Child and Adolescent Psychiatry or Psychiatry by the American Board of Psychiatry and Neurology or has completed a training program in Psychiatry approved by the American Board of Psychiatry and Neurology for entrance into its certifying examination, a Psychologist licensed pursuant to Chapter 490, F.S., a Licensed Mental Health Counselor, Licensed Marriage and Family Therapist, or Licensed Clinical Social Worker licensed pursuant to Chapter 491, F.S., or a Psychiatric Nurse as defined in Section 394.455, F.S.

(48) Massachusetts Youth Screening Instrument, Second Version (MAYSI-2) – A 52-item true-false screening instrument designed to identify signs of mental disturbance or emotional distress authorized by DJJ for use at intake into the juvenile justice system and upon admission to a day treatment or residential commitment program. The MAYSI-2 is published by Professional Resource Press.

(49) Official Youth Case Record – A case record, comprised of the individual case management record and the Individual Healthcare Record, that a residential commitment program maintains on each youth.

(50) Off-Campus Activity – Any supervised activity that involves youth leaving the residential commitment program’s premises.

(51) Orientation – The process that begins the day of, or prior to, the youth’s admission whereby facility staff inform the youth of the rules, expectations, services, and goals of the residential commitment program.

(52) Performance Plan – A youth’s individualized plan that addresses needed delinquency interventions identified through the assessment process and includes measurable goals that the youth is expected to achieve prior to release from a residential commitment program.

(53) Performance Summary – Information used to inform the youth, committing court, the youth’s JPO, parent(s), legal guardian, or supportive person(s) for youth, and other pertinent parties of the youth’s performance in the program, including status of and progress toward performance plan goals, academic status, behavior and adjustment to the program, significant incidents (positive and negative), and justification for a request for release, discharge or transfer, if applicable.

(54) PREA Coordinator – Position within the department responsible for developing, implementing, and overseeing the department’s efforts to comply with the PREA standards in all of its juvenile residential facilities.

(55) PREA Facility Compliance Manager – Position at each juvenile residential facility operated by and for the department responsible for coordinating the facility’s efforts to comply with PREA standards.

(56) Prison Rape Elimination Act (PREA) – The federal statute intended to eradicate sexual assault in correctional facilities, and which is implemented by national standards at 28 C.F.R. Part 115.

(57) Predisposition Report (PDR) – A multidisciplinary assessment that provides demographic and social history information and reports the youth’s priority needs, makes recommendations, and provides 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.

(58) Pregnant Youth – Any youth whose pregnancy is confirmed by or otherwise known to a qualified healthcare professional at the residential facility.

(59) Pre-Release Notification and Acknowledgement – A three-part form initiated by a residential commitment program to give prior notification to the JPO of a youth’s planned release, then allows for the JPO to add additional information pertinent to the release, and finally allows for the court’s approval or deemed approval by the court of the release.

(60) Program Director – The on-site administrator of a residential commitment program, who is accountable for the operation of the program. This term may be referred to as facility administrator.

(61) Residential Assessment for Youth (RAY) – A JJIS web-based assessment instrument that identifies a youth’s criminogenic needs and assists staff in addressing the youth’s risk and protective factors.

(62) Release – When a youth re-enters his or her home community after completing and exiting a residential commitment program.

(63) Request for Notification When Youth Is Ready for Release – A request made by a residential commitment program and provided to law enforcement when a youth is removed from the program for incarceration in a county jail.

(64) Residential Commitment Program – A moderate-risk or secure residential delinquency program.

(65) Residential Environment – The environment within a residential commitment program comprised of its youth, staff, and other service providers, such as contracted/subcontracted medical, mental health services, educational/career and technical staff, and volunteers.

(66) Responsivity – A youth’s amenability to treatment and the capacity to respond to programming due to his or her mental health status, physical health status, cognitive performance, age, and prior victimization.

(67) Restrictiveness Level – As defined in Chapter 985.03, F.S., the level of programming and security provided by programs that service the supervision, custody, care, and treatment needs of committed children.

(a) Moderate-Risk Restrictiveness Level – A statutorily defined restrictiveness level to which courts commit youth to the department.

(b) Secure Restrictiveness Level – One of the statutorily defined restrictiveness levels, including high- and maximum-risk, to which courts commit youth to the department.

(68) Safety Planning Process for Youth – A plan developed and updated in an ongoing collaboration with the youth to identify specific behaviors or triggers that may decrease the youth’s sense of safety and therefore increase the likelihood that the youth experiences a traumatic stress related response. The safety planning process shall be designed to identify areas that affect the youth and shall incorporate trauma responsive practices. The safety planning process for youth is separate and apart process from the youth’s performance and treatment plan process.

(69) Sexual Misconduct – Any act of sexual abuse or sexual harassment.

(70) Sexually Violent Predator (SVP) – As defined in Chapter 394.912, F.S., and for the purposes of this chapter, SVP eligible refers to a youth being subject to the requirements of Chapters 394.910 – 394.932, F.S.

(71) Supportive Persons for Youth – An individual identified by the youth or parent/legal guardian, who can contribute to the youth’s completion of the residential program. The supportive person shall be approved by the youth’s juvenile probation officer (JPO) and parent/legal guardian, in collaboration with the program’s multidisciplinary treatment team. If the multidisciplinary treatment team and the JPO disagree on the supportive person, a discussion between the Probation and Residential regional directors, as well as the program’s facility administrator, shall determine if the person is approved. The approved supportive person(s) shall be entered by the JPO into the Juvenile Justice Information System (JJIS).

(72) Temporary Release – A court-ordered release in which a child is allowed to temporarily leave the residential commitment program for a specific purpose approved by the court without being under the direct supervision of the residential commitment program staff.

(73) Transfer – The movement of a youth from one residential commitment program to another, at the same, lower or higher restrictiveness level.

(74) Transition Conference – A conference, conducted at least 60 days prior to a youth’s anticipated release from a residential commitment program, wherein the youth, residential program staff, the youth’s JPO and post-residential services counselor, and the youth’s parent(s), legal guardian, or supportive person(s) for youth, establish transition activities, with accompanying responsibilities and timelines, to facilitate the youth’s successful release and reintegration into the community.

(75) Transition Planning – The process of establishing transition activities to facilitate a youth’s successful release from a residential commitment program and reintegration into the community.

(76) Trauma Responsive Practices (TRP) – Policies, procedures and practices that recognize and respond to the experiences of trauma in the lives of youth and families.

(77) Treatment Plan – A written guide that structures the focus of a youth’s short-term or ongoing treatment services in the areas of mental health, substance abuse, developmental disability or physical health services.

(78) Treatment Services – Services delivered by clinicians in accordance with a mental health, substance abuse, physical health, or developmental disability treatment plan. This includes implementation of any curriculum specifically designed to be delivered by clinicians.

(79) Victim – A person who suffers physical, financial or emotional harm as a result of a crime and who is identified on a law enforcement victim notification card, a police report, or other official court record as a victim.

(80) Victim Notification of Release – A process in which a residential commitment program notifies the victim, or the next of kin in cases of homicide, or the parent or legal guardian in cases involving victims who are minors, prior to any discharge or release, including a temporary release, of a youth whose committing offense meets the criteria for victim notification in Chapter 960, F.S.

(81) Vulnerability to Victimization and Sexually Aggressive Behavior (VSAB) Screening –A screening process in JJIS to assess a youth’s vulnerability to victimization and sexually aggressive behavior prior to room assignment.

(82) 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.

History

Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441 FS. History–New 5-30-19, Amended 1-18-21, 11-19-25.

Fla. Admin. Code R. 63E-7.101 Youth Admission, Intake, and Orientation,

(1) Youth Admission.

(a) Based on coordination of admissions initiated by the regional commitment manager or commitment manager supervisor, a residential commitment program shall accept new admissions Monday through Friday between 8 a.m. and 5 p.m. unless otherwise specified in its contract with the department.

(b) Admissions must arrive via detention services’ Statewide Transportation and Relocation System (STARS) unless the youth resides in and will be placed in the same detention coverage area.

(c) A residential commitment program shall inspect the electronic commitment or transfer packet prior to a youth’s admission and, if any core documents are not included in the packet, shall contact the JPO or JPO supervisor to request the missing documents be faxed or electronically transmitted to the program. The core documents are as follows:

DJJ face sheet;
Current commitment order;
Predisposition Report;
Commitment conference summary; and
Individual Health Care Record, if it exists from a prior commitment or placement in detention.

(d) The department shall provide all requested documents as outlined above. When the residential commitment packet is marked as complete in JJIS the youth shall be placed on an active to-be-placed list. If the department does not provide the requested information within two working days, the residential program shall notify the Regional Director for Residential and Correctional Facilities and the Regional Director for Probation and Community Corrections of this action. The youth continues his or her status of awaiting residential placement while the department immediately pursues acquisition or production of the missing core documents, thereby expediting the youth’s subsequent admission to the residential commitment program.

(e) A residential commitment program shall communicate internally on admissions as follows:

Program staff responsible for admission are notified when a new admission is scheduled to arrive and the youth’s name, date and time of anticipated arrival, mode of transportation, medical and mental health needs, and any safety or security risks are documented in the program’s logbook.
The Designated Health Authority or designee must be notified of all youth admitted with a medical condition.
Information included in the commitment or transfer packet is distributed to program staff as their job functions dictate.
The Program Director or Designee and Designated Mental Health Clinician Authority, must be notified when a youth is admitted on Suicide Risk Alert in JJIS or was on Suicide Precautions immediately prior to admission to the program.

(f) When a youth is admitted to a residential commitment program, the program shall make notifications as follows:

Within 24 hours of any admission or on the first regular workday of the following week when the youth is admitted on a holiday, a weekend or a Friday afternoon, the program shall update the JJIS Bed Management System.
The program shall notify the youth’s parent(s) or legal guardian by telephone within 24 hours of the youth’s admission, and send follow-up written notification within 48 hours of admission.
The program shall notify the committing court in writing within five working days of any admission.
Copies of the letter sent to the committing court shall also be provided to the youth’s JPO and will suffice as official notification to the youth’s JPO and, if known at the time of admission, the youth’s post-residential services counselor.

(g) Deoxyribonucleic Acid (DNA). Although it is the intent that deoxyribonucleic acid (DNA) samples be collected prior to a youth’s admission to a residential commitment program, if a youth who meets the DNA testing criteria pursuant to Chapter 943, F.S., is admitted to the facility without DNA testing, the program shall contact Florida Department of Law Enforcement (FDLE) to verify whether or not a DNA sample is on file for the youth. If not, the program shall collect DNA samples, using the test kit and accompanying instructions provided by FDLE, submit them to FDLE no later than 45 days prior to a youth’s release, and document these actions in the youth’s individual management record.

(h) Sexually Violent Predator Screening. If the residential commitment program suspects that a youth has been admitted without documentation of being screened as a sexually violent predator pursuant to Chapter 394, F.S., the program shall notify the youth’s JPO within three days of the youth’s admission. If the JPO does not respond within five working days, the program shall notify the JPO’s supervisor. If not resolved within 10 days of the program’s original request, the program shall notify the department’s residential monitor assigned to the program.

(2) Youth Intake. The intake process shall incorporate Trauma Responsive Practices.

(a) The residential commitment program shall develop a policy and procedure related to youth intake commencing upon the arrival to the program, which shall include, at a minimum, the following:

The use of strategies to ensure the youth’s comfort level and to gauge their emotional state during the intake process.
An explanation of the intake process and all the steps and timetable that will occur as a part of this process. Ensure that rationale for any potentially invasive experiences are provided both at this introduction and prior to each step.
In accordance with section 1000.071 F.S., all staff and youth shall be referred to by their pronouns that correspond to the persons sex assigned at birth. Staff and youth shall not be asked to utilize preferred personal titles.

(b) A full body visual search shall occur for each youth and is designed to check for weapons or concealed items that may pose a safety risk to the youth or to others. The search is also designed to document any distinguishing marks or signs of maltreatment or injury.

The program shall conduct the full body visual search in a comfortable, private room with two staff members present, both of the same sex as the youth being searched. When two staff of the same sex are not available, the search may be conducted by one staff of the same sex, while a staff of the opposite sex is positioned to observe the staff person conducting the search, but cannot view the youth.
Staff conducting the full body visual screening shall visually inspect the youth, without touching the unclothed youth.
Staff conducting the full body visual screening shall document any visible body markings, i.e. scars, bruises, tattoos, or other physical injuries.

(c) 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.

Healthcare Admission Screening shall be conducted for every youth.
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 Substance Abuse Screening. A direct care staff may assist the youth with the self-administration of the MAYSI-2 on JJIS if he or she is trained in the administration and scoring of the MAYSI-2 consistent with the department’s learning management system 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 licensed qualified professional.

(d) All youth admitted to residential commitment programs shall be screened for vulnerability to victimization and sexually aggressive behavior prior to room assignment. Room assignments by staff shall ensure a youth’s potential for victimization or predatory risk has been reviewed. The screening will be completed using a tool that addresses the following:

Prior sexual victimization or abusiveness as well as other forms of interpersonal victimization;
Any gender nonconforming appearance that makes the youth vulnerable to sexual abuse;
Current Charges and offense history;
Age;
Level of emotional and cognitive development;
Physical size and stature;
Mental illness or mental disabilities;
Intellectual or developmental disabilities;
Physical disabilities;
Youth’s perception of vulnerability; and
Any other specific information about individual youth that may indicate heightened needs for supervision, additional safety precautions, or separation from certain other youth.

(e) Youth may not be disciplined for refusal to answer any particular question on the screening instrument or for not disclosing complete information.

Information gathered by the admissions staff shall be entered into the youth case file. Should information be obtained during the screening that could affect the youth’s status (example: admission of sexual assault on others) this information shall also be transmitted to the appropriate staff making room assignment decisions.
If the youth discloses prior sexual victimization or perpetrated sexual abuse based on the intake screening information, health/mental health screening information or health history information gathered, whether it occurred in a facility setting or in the community, then staff shall ensure the youth is referred for medical and mental health services
Staff shall ensure that any report of sexual abuse obtained during screening be immediately reported to the proper authorities if the abuse has not previously been reported.
Medical and mental health practitioners shall obtain informed consent from youth 18 years of age and older before reporting information about prior sexual victimization that did not occur at the facility.
Information gathered from screenings related to sexual victimization or abusiveness shall be strictly limited to medical and mental health practitioners and other staff, to guide treatment plans and security and management decisions, including housing, bed, work, education, and program assignments.
The completed screening instrument will be placed in the youth’s medical file.

(f) Unless a youth is being admitted into a residential commitment program directly from secure detention, a correctional facility, or another program, a shower, including shampooing hair, is required. Two staff of the same sex as the youth shall supervise the newly admitted youth during this shower.

(g) The program shall issue clothing to each youth that is appropriate for size and climate and consistent with the program’s dress code.

(3) Inventory of Youth’s Property.

(a) A residential commitment program shall inventory each youth’s personal property upon admission and document the inventory by listing every item. Program staff shall immediately secure in a locked area all money, jewelry, electronic(s), cellular devices, and any other items deemed valuable. After all personal possessions have been inventoried and documented, the staff conducting the inventory, the youth, and a witness shall sign and date the documentation to attest to its accuracy. The program shall:

Maintain a copy of documentation of the personal property inventory.
Ask the youth if he or she wants a copy of the personal property inventory documentation and, if so, provide it.
Provide a copy of the inventory documentation to the youth’s parent(s), legal guardian, or supportive person(s), if requested.
Send inventoried property to the youth’s home, or store such property until the youth’s release from the program.

(b) The program shall confiscate all contraband, such as weapons and narcotics, excluding narcotics that are verified as having been prescribed for a medical condition, for disposal or storage, and shall submit all illegal contraband to the law enforcement agency having local jurisdiction.

(c) If law enforcement requires personal property from a youth during the youth’s stay in the facility, that property must be released to the requesting officer. A receipt will be completed and signed by the officer receiving the property. The receipt will be attached to the youth’s property receipt and a copy will be placed in their file.

(4) Classification of Youth. A residential commitment program shall establish a classification system that promotes safety and security, as well as effective delivery of treatment services, based on determination of each youth’s individual needs and risk factors that addresses, at a minimum, the following:

(a) Classification factors to include, at a minimum, the following:

Physical characteristics, including sex, height, weight, and general physical stature;
Age and maturity level;
Identified special needs, including mental, developmental or intellectual, and physical disabilities;
History of violence;
Gang affiliations;
Criminal behavior;
Sexual aggression or vulnerability to victimization;
Youth’s perception of vulnerability;
Identified or suspected risk factors, such as medical, suicide, and escape or security risks; and
Any other specific information about individual youth that may indicate heightened needs for supervision, additional safety precautions, or separation from certain other youth.

(b) The results of the youth’s VSAB screening shall be used in making room assignment to ensure vulnerable or sexually aggressive youth are not assigned a roommate believed to pose a risk.

(c) Initial classification of each newly admitted youth for the purpose of assigning him or her to a living unit, sleeping room, and youth group or staff advisor. A youth’s room assignment while in secure detention does not govern the youth’s residential room assignment. A youth with a “single room only” designation in secure detention may safely be placed with other youth in a residential facility.

(d) Reassessment of a youth’s needs and risk factors and reclassification, if warranted, prior to considering:

An increase in the youth’s privileges or freedom of movement;
The youth’s participation in work, career, or technical projects or other activities that involve tools or instruments that may be used as potential weapons or means of escape; and
The youth’s participation in any off-campus activity

(e) Initial classification shall include entering the youth into the facility’s internal alert system. The system shall be continually updated and easily accessible to program staff, keeping them alerted about youth who are security or safety risks, which shall include escape risks, suicide or other mental health risks, medical risks, sexual predator risks, and other assaultive or violent behavior risks. Medical alerts and suicide or mental health alerts are additionally governed by Rules 63M-2.004 and 63N-1.006, F.A.C., respectively. The program shall design and implement its alert system to reduce risks by alerting program staff when there is a need for specific follow-up or precautionary measures or more vigilant or increased levels of observation or supervision. Although a direct care, supervisory, or clinical staff may place a youth on alert status, only the following staff may downgrade or discontinue a youth’s alert status in these instances:

A licensed mental health professional or mental health clinical staff person for suicide risk alerts or mental health alerts.
A medical staff person for medical alerts upon verification that the health condition or situation no longer exists; or
The program director, assistant program director, or on-site supervisor for all other alerts not covered by subparagraphs 1. and 2., above.

(f) When mental health, substance abuse, physical health, security risk factors, or special needs related to a newly admitted youth are identified during or subsequent to the classification process, a residential commitment program shall immediately enter this information into its internal alert system and the JJIS alert system.

(g) A residential commitment program shall establish and maintain critical identifying information and a current photograph that are easily accessible to verify a youth’s identity as needed during his or her stay in the program.

The program shall maintain the photograph in the youth’s individual management record and the Individual Healthcare Record. In the event of an escape, the program shall provide a photograph to law enforcement or other criminal justice agencies to assist in apprehending the youth.
The program shall maintain the following critical identifying information for each youth in an administrative hard-copy file that is easily accessible and mobile in the event of an emergency situation that results in the program relocating quickly or in the event needed information cannot be accessed electronically.

a. Youth’s full name and DJJ ID number;

b. Admission date;

c. Date of birth, sex, and race;

d. Name, address, and phone number of parent(s) or legal guardian;

e. Name, address, and phone number of the person with whom the youth resides and his or her relationship to the youth;

f. Person(s) to notify in case of an emergency (and contact information);

g. JPO’s name, circuit/unit, and contact information;

h. Names of committing judge, state attorney, and public defender (or attorney of record) with contact information on each;

i. Committing offense and judicial circuit where offense occurred;

j. Notation of whether or not the judge retains jurisdiction;

k. Victim notification contact information, if notification is required;

l. Physical description of youth to include height, weight, eyes and hair color, and any identifying marks;

m. Overall health status, including chronic illnesses, current medications and allergies;

n. Personal physician (if known); and

o. Photograph of youth.

(5) Safety Planning Process for Youth. A residential program shall conduct an on-going safety planning process for each youth. The safety plan shall be designed to identify stimuli that have both positive and negative effects on the youth.

(a) The plan shall address the following topic areas:

Warning Signs as gathered from the youth, from collateral contacts or from parent(s)/legal guardian(s) that the youth’s behavior may be escalating;
Youth’s Baseline Behavior(s) as gathered from collateral contacts, parent(s)/ legal guardian(s), youth’s history, and evaluations, if applicable;
Crisis Recognition. The youth and program staff’s perception of verbal and non-verbal stimuli that have both positive and negative effects on the youth (Escalation, De-escalation, Intervention and Recovery);
Jointly developed coping strategies, to include people and healthy environments as defined by the youth;
Intervention strategies preferred by the youth, and
Debriefing preferences.

(b) The safety plan will be developed and updated as provided below:

The initial planning process must begin by the multidisciplinary treatment team during their initial contact with the youth and shall be completed within 14 days.
The plan shall be jointly prepared by the youth, parent(s)/ legal guardian(s), or family member, program’s clinical staff, and behavior specialist, if applicable.
The safety plan shall be reviewed by staff who have contact with youth every 30 days or following a significant event and shall be maintained in a location that is easily accessible to staff.
The safety plan shall incorporate any recommendations from previous or current clinical assessments or screening instruments and shall incorporate trauma responsive practices.
The program staff shall review the youth’s record to ensure any pertinent information is included in the safety plan.
The plan must be updated every 30 days or following any significant behavior or mental health event identified by the youth’s intervention and treatment team.

(6) Orientation of Youth. A residential commitment program shall begin the orientation process for each youth admitted to the program prior to, or within two hours of, admission to the program. The program shall ensure that the physical and emotional needs of the youth are addressed while providing essential information in an efficient, clear, and linguistically appropriate manner that ensures that a youth can comprehend and respond to information presented. The orientation of youth to a residential commitment program after leaving home, family, and community is a stressful process that can compromise a youth’s sense of safety, evoke fear, and contribute to a youth engaging in survival coping. A residential commitment program shall provide orientation to each youth by explaining and discussing the following:

(a) Services available;

(b) Daily schedule that is also conspicuously posted to allow easy access for youth;

(d) Written behavior management system that is also conspicuously posted or provided in a resident handbook to allow easy access for youth, including rules governing conduct and positive and negative consequences for behavior;

(e) Availability of and access to medical and mental health and substance abuse services;

(f) Access to the Department of Children and Families’ central abuse hotline addressed in Chapter 39, F.S., or if the youth is 18 years or older, the Central Communications Center that serves as the department’s incident reporting hotline;

(g) The program’s zero-tolerance policy regarding sexual misconduct, including how to report incidents or suspicions of sexual misconduct.

(h) Special accommodations that are available to ensure all written information about sexual misconduct policies, including how to report sexual misconduct, is conveyed verbally to youth with limited reading skills or who are visually impaired, deaf, or otherwise disabled.

(i) Right to be free from sexual misconduct, rights to be free from retaliation for reporting such misconduct, and the agency’s sexual misconduct response policies and procedures.

(j) Items considered contraband, including illegal items, the possession of which may result in the youth being prosecuted;

(k) Performance planning process that involves the development of goals for each youth to achieve;

(l) Dress code and hygiene practices;

(m) Procedures on visitation, mail, and use of the telephone;

(n) Expectations for release from the program, including the youth’s successful completion of individual performance plan goals, recommendation to the court for release based on the youth’s performance in the program, and the court’s decision to release;

(o) Community access;

(p) Grievance procedures;

(q) Emergency procedures, including procedures for fire drills and building evacuation;

(r) Facility tour, if applicable, and general layout of the facility, focusing upon those areas that are and are not accessible to youth;

(s) Assignment to a living unit and room, treatment team and, if applicable, a staff advisor/mentor or youth group; and

(t) Medical topics as outlined in Chapter 63M-2, F.A.C.

History

Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441 FS. History–New 5-30-19, Amended 11-19-25.

Fla. Admin. Code R. 63E-7.102 Basic Youth Rights

(1) Access to DCF’s Central Abuse Hotline, Mail, Phone Calls, and an Attorney.

(a) The residential commitment program staff shall treat youth with dignity and respect, and the program shall provide, at a minimum, the following for its youth:

Shelter;
Clothing;
Food;
Healthcare;
Mental health and substance abuse services;
Educational, career, or technical services
Opportunities for recreation and large muscle exercise;
Opportunities for expression of religious beliefs;
Visitation;
Access to incoming mail and opportunities to send outgoing mail;
Telephone access;
Opportunity to access the courts;
Trauma responsive residential environment that is physically and emotionally safe; and
Access to the Department of Children and Families’ central abuse hotline pursuant to Chapter 39, F.S., or if the youth is 18 years or older, the department’s Central Communications Center that serves as the department’s incident reporting hotline.

(b) A residential commitment program shall address the needs of the program’s targeted population. Health and hygiene, the physical environment, life and social skills training, and leisure and recreational activities are key components in a residential commitment program.

(c) A residential commitment program shall provide opportunities for youth to send and receive mail and shall facilitate correspondence that fosters the youth’s reunification with his or her family, unless specifically prohibited by court order, or where a family member is the youth’s victim, or it is determined not to be in the best interest of the youth. The program shall not allow the youth to directly correspond with his or her victim except through an apology letter whose content is approved by the program director or designee and sent to the youth’s JPO to forward to the victim only if he or she expresses a willingness to receive it.

(d) A residential commitment program shall provide opportunities for youth to receive incoming emergency telephone calls from his or her parent(s), legal guardian, or supportive person(s), and calls from the youth’s JPO, attorney of record and, if applicable, the dependency case manager. The program shall allow each youth to make outgoing calls to the JPO, attorney of record and, if applicable, the dependency case manager. A written procedure that fosters family reunification and community reintegration shall specify youths’ access to incoming calls from and outgoing calls to family and other persons.

(e) If a youth requests to contact an attorney of his or her choice, the facility must accommodate that request. This supervised process may be done via telephone or the internet. Communication between the youth and the contacted attorney shall be confidential, but visually supervised. Once the youth identifies an attorney willing to represent the youth, that attorney is to be given attorney of record status. The facility is not required to provide an attorney for the youth.

(2) Youth Hygiene.

(a) A residential commitment program shall establish expectations for youth to engage in personal hygiene activities to maintain a neat and clean personal appearance. At a minimum, the program shall allow time on the schedule for youth to:

Practice dental hygiene twice daily;
Bathe or shower and wash hair daily unless medically contraindicated;
Style or comb their hair daily;
Option to shave; and
Clean and trim their fingernails.

(b) Residential commitment program staff shall provide hygiene instruction and assistance to youth, when necessary.

(c) A residential commitment program shall provide each youth with hygiene supplies, as well as storage space for such supplies. Individual hygiene supplies shall include such items as the following:

Toothbrush and toothpaste;
Soap;
Shampoo;
Combs or brushes, along with necessary grooming products that are necessary to maintain hair and prevent damage;
Shaving supplies;
Body lotion; and
Hygiene supplies.

(d) A residential commitment program shall provide clean clothing, bedding and towels that are in good condition or repair.

(3) Dress Code.

(a) A residential commitment program shall establish and enforce a dress code for youth. The dress code shall be written to:

Promote a neat and well-groomed appearance appropriate for the assigned activity;
Foster pride in appearance;
Deter the transfer of attire or symbols associated with negative subcultures, such as gangs, into the program;
Promote safety and hygiene; and
Assist in differentiating youth from staff.

(b) The dress code shall require the program to provide youth with:

Clean, comfortable and modest attire that is in good repair, fits properly, is suitable for the climate, and does not compromise safety; and
At a minimum, clean underwear daily, four changes of clothes weekly, shoes, and sleeping attire.

Require youth to wear clothing as designed, such as pants or shorts pulled up and properly fastened so underwear is not revealed;
Prohibit attire with any messages, markings or designs that are gang-related, drug or alcohol-related, profane or vulgar;
Prohibit youth from going barefoot except when bathing, in their rooms resting or sleeping, during medical examination, or under other circumstances deemed warranted by program staff, such as during water related activities; and
All jewelry items are prohibited with the exception of medical identification/alert bracelets, watches with no internet connectivity, and approved jewelry items identified in a program’s behavior management system (provided by the program). Any jewelry item which poses a risk to safety and security will not be approved.

(d) The program shall establish an internal process to review and provide a timely response to a youth’s request for exemption from the dress code based on a religious belief. The program shall accommodate a youth’s religious belief, unless it is determined that doing so would compromise the safe and secure operation of the program.

History

Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441 FS. History–New5-30-19, Amended 11-19-25.

Fla. Admin. Code R. 63E-7.103 Program Environment

(1) Trauma Responsive Residential Environment. A residential commitment program shall establish an environment that is conducive to the effective delivery of delinquency interventions and treatment services. This environment shall promote and reinforce community values by giving youth opportunities to assume the responsibilities and experience the benefits of being part of a community. The program shall establish a residential environment that is physically and emotionally safe, and incorporates trauma responsive practices. The program shall have sufficient space and environmental features to allow for effective educational services, medical, mental health and substance abuse services, and general programming. Every effort shall be made to decrease noise and increase design elements that best utilize the space appropriately, improve stress management and self-regulation.

(a) The program shall promote a trauma responsive residential environment by program leadership and staff demonstrating practices that embrace the core principles of a trauma responsive program including physical and emotional safety, trust, choice, collaboration, empowerment and cultural and linguistic responsivity. The practice of these core principles shall be evident in development of new policies, in review and modification of existing policies and at all primary points of contact with youth.

(b) The program shall include universal screening for traumatic stress in all youth. The assessments must be designed to help identify traumatic stress symptoms and self-regulation skills.

(2) Behavior Management System (BMS). Consistent with its approach to delinquency interventions and treatment services, a residential commitment program shall establish a behavior management system that is responsive to the unique characteristics of the program’s population. A program’s behavior management system shall be designed to motivate a youth to choose behaviors which are personally fulfilling, productive, and socially acceptable while minimizing destructive or unsafe behaviors. In addition, the system shall assist the youth in the development of skills necessary to manage difficult emotions such as anger, depression, and anxiety, while also teaching the youth skills to help them function effectively within the program. When the program’s BMS includes Behavior Analysis Services as defined in Chapter 63N-1, F.A.C., such services must be provided as set forth in that rule.

(a) A residential commitment program’s behavior management system shall be described in writing and designed to:

Promote safety, respect, fairness, and protection of rights within the residential environment;
Provide constructive discipline and a system of positive and negative logical consequences to encourage youth to meet expectations for behavior;
Provide opportunities for positive reinforcement and recognition for accomplishments and positive behaviors at a minimum ratio of 4:1 positive to negative consequences;
Promote socially acceptable means for youth to meet their needs;
Include a process that accommodates the emotional and developmental capacity of individual youth by addressing the following:

a. Staff shall explain to the youth the reason that they did not achieve their treatment or behavior goals;

b. The youth is given an opportunity to explain his or her behavior;

c. Staff and the youth discuss the behavior’s impact on others, reasonable amends for harm caused to others, and alternative acceptable behaviors and coping strategies;

Promote dialogue and peaceful conflict resolution;
Minimize separation of youth from the general population;
Provide ongoing oversight and training of direct-care staff; and
Ensure common behavior management classroom expectations are agreed to by the program director and the director of the educational program and contains, at a minimum, the following:

a. Assessment of youth needs

b. Direct care staff’s role/participation in the classroom.

c. Protocols for addressing disruptive classroom behavior.

d. Training/orientation at least annually and within 30 days of hire for all educational and facility staff working in the classrooms. The training must include the behavior management classroom expectations, de-escalation techniques, crisis intervention procedures, and mandatory reporting requirements of child abuse, abandonment, and neglect as outlined in section 39.201, F.S.

(b) A residential commitment program’s behavior management system shall not:

Be used solely to increase a youth’s length of stay;
Be used to deny a youth basic rights or services to include regular meals, clothing, sleep, physical or mental health services, educational services physical exercise, correspondence, and visitation from his or her parent(s), legal guardian, or supportive person(s), and contact with an attorney of record, JPO, clergy and, if applicable, the dependency case manager;
Promote the use of group discipline;
Allow youth to sanction other youth; or
Include disciplinary confinement wherein a youth is isolated in a locked room as discipline for misbehavior.

(3) Grievance Process. A residential commitment program shall establish written procedures specifying the process for youth to grieve actions of program staff and conditions or circumstances involving the violation or denial of basic rights. These procedures shall establish each youth’s right to grieve and ensure that all youth are treated fairly, respectfully, without discrimination, and that their rights are protected.

(a) The procedures shall address each of the following phases of the youth grievance process, specifying timeframes that promote timely feedback to youth and rectification of situations or conditions when grievances are determined to be valid or justified.

Informal phase wherein the youth attempts to resolve the complaint or condition with staff on duty at the time of the grieved situation;
Formal phase wherein the youth submits a written grievance that requires a written response from a supervisory staff person; and
Appeal phase wherein the youth may appeal the outcome of the formal phase to the program director or designee.

(b) Program staff shall be trained on the program’s youth grievance process and procedures.

(c) Program staff shall explain the grievance process to youth during their program orientation and shall post the written procedures throughout the facility for easy access by youth.

(d) The program shall provide grievance forms and accompanying instructions at locations throughout the facility so they are readily accessible to youth. When a youth requests assistance in filing a grievance, program staff shall assist the youth as needed.

(e) The program shall maintain documentation on each youth grievance and its outcome in a centralized location for at least one year.

(4) Visitation. A residential commitment program shall develop a policy and procedure to provide visitation for youth and shall address the following:

(a) Program security and the safety of youth, staff and visitors;

(b) Designated visitation schedule that is provided to each youth’s parent(s), legal guardian, or supportive person(s) and is readily available to other authorized visitors, as well as reasonable accommodations in response to parent(s)’, legal guardians’, or supportive person(s) request for alternate visitation arrangements;

(d) Identification of authorized visitors to include the youth’s parent(s), legal guardian, supportive person(s), spouse, attorney of record, JPO, clergy, and others concerned with the youth’s rehabilitation and treatment. To facilitate family reunification, the program shall consider requests for alternate visitation arrangements from a youth’s parent(s), legal guardian, or supportive person(s), unless such contact is specifically prohibited by a court order, against the youth’s wishes, or poses a safety or security threat. The program shall not allow visitation by any co-defendant in the youth’s current offense, anyone prohibited by court order to have contact with the youth, anyone the youth is unwilling to receive as a visitor, or anyone whose presence or behavior during a prior visitation posed a safety or security threat;

(e) Verification of the identity of visitors by requiring a form of photo identification except in the case of children or siblings of the youth who are accompanied by a parent or legal guardian;

(f) Documentation of all visitation to include:

The visitor’s signature, the date, and the times of entry and exit;
The name of any visitor denied entry and the date, time, and reason for denial;

(g) Measures to prevent the introduction of contraband into the program to include:

Written notification to visitors before their entry into the facility that their person and any packages may be subject to search and that possession of illegal contraband could be subject to legal action;
Mandatory electronic search of visitors entering moderate, high-risk, and maximum-risk programs;
Frisk search of a visitor by a staff person of the same sex;
Search of packages or other items for youth conducted in the presence of the visitor;
Prohibition of visitors bringing their personal possessions into the facility unless the program director or his or her designee makes an exception for a visitor needing a documented prescription medication or an adaptive device due to a disability;
Frisk search of a youth in a moderate, high-risk, or maximum-risk program prior to the youth’s exit from the visitation area;
Upon reasonable documented suspicion that contraband has been passed to a youth, a full-body visual inspection is authorized at moderate, high-risk, or maximum-risk programs; and
Search of the visitation area by staff after all visits are concluded.

(h) Termination of the visit if the youth or visitor violates the program rules, becomes loud, disorderly, or visibly angry, engages or attempts to engage in sexual contact or activity, is physically aggressive, or otherwise poses an unsafe situation.

(5) Stakeholder Access: All stakeholders must sign and abide by the department’s Stakeholder and Media Confidentiality Agreement (RS 100, July 2018), which is incorporated by reference into this rule and is available electronically at: http://www.flrules.org/Gateway/reference.asp?No=Ref-10389.

(a) The following stakeholders are authorized to visit juvenile residential commitment programs operated or overseen by the department: between the hours of 6:00 a.m. and 11:00 p.m.:

Governor;
Cabinet Member;
Member of the Legislature;
State Attorney;
Public Defender.

(b) A request for an after-hours tour between the hours of 11:00 p.m. and 6:00 a.m. must be submitted to and approved by the Assistant Secretary for Residential Services at least 14 days prior to the tour. Stakeholders taking an after-hours tour will not be permitted access to any areas where youth are sleeping.

(6) News Media Tours. Permission for visits by bona fide news media representatives shall not be unreasonably withheld. It shall be the responsibility of the news media representatives requesting the visitation to present to the Office of Communications evidence sufficient to establish that such person is a bona fide news media representative and to provide the information sufficiently in advance that it may be verified.

(a) News media representatives consist of persons whose principal employment is gathering and reporting news for a:

Radio or television program whose primary purpose is news reporting for a licensee of the Federal Communications Commission;
Newspaper reporting general interest information news and circulated to the public in the community where it is published;
News magazine that has a national circulation, is sold by mail subscriptions, or on newsstands to the general public; or
National or international news service.

(b) News media tours of a juvenile residential commitment facilities shall be pre-arranged with the Office of Communications at least five (5) working days prior to arrival. The following conditions apply:

News media representatives shall be required to provide news station ID and two verifiable contacts for the media group they represent. Phone numbers for these contacts must also be provided. If the contacts provided do not confirm the representative’s association with the respective media group, the representative shall be required to provide two additional contacts. If such contacts do not confirm the representative’s association with the respective media group, the tour shall be cancelled and the media representative shall not be permitted future tours.
Representatives of news media visiting a facility are subject to electronic search as set out in subsection (4), above.
News media representatives must be escorted by staff. Random access not specific to the purpose of the tour is prohibited.
During an emergency, news media representatives will be restricted to a designated area identified by the facility administrator or designee.
Media members are limited to two (2) members.
Attorneys, doctors, youth’s family members, and victims or victim family members may not accompany media representatives on their visits.
Media representatives must provide identification upon entry into the juvenile residential facility.
Interviews and photographs of youth or staff shall not be permitted.
Photography and video making equipment is prohibited.
Privacy rights of youth shall be observed by the media. No movie films, television tapes, or recordings may be made of the juvenile involved.
Media representatives shall not be given access to juveniles on any type of observation defined in Rules 63N-1.00951, 63N-1.00952, and subsection 63E-7.107(14), F.A.C.
The Florida Department of Juvenile Justice or contracted provider employees are not authorized to sign film crew or media location releases.
Tours are authorized between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except holidays, provided the facility administrator or designee determines that such tours would not impair or disrupt the normal operations or security of the facility and would not endanger the safety of the visitor.
No part of the residential commitment program may be filmed.
Foreign Press. In addition to all of the above, foreign press members must provide criminal history clearance from the official criminal history registry of their native country. Contact information for a representative from the agency that maintains that registry must also be provided. A legible copy of the foreign media representative’s passport must be submitted to the Office of Communications prior to the tour for approval.
All news media representatives must sign and abide by the department’s Stakeholder and Media Confidentiality Agreement (RS 100, July 2018), which is incorporated in subsection (5), above.

History

Rulemaking Authority 985.64, 985.601(3)(a),985.6885(4) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441,985.6885 FS. History–New 5-30-19, Amended 11-19-25.

Fla. Admin. Code R. 63E-7.104 Residential Case Management Services

(1) A residential commitment program shall provide case management services for each youth that ensures his or her priority needs are identified and addressed through the coordinated delivery of delinquency interventions and treatment services. The program’s case management processes shall include the following:

(a) Assessment of the youth, including reassessments or updates;

(b) Development and implementation of the youth’s performance plan;

(d) Transition planning.

(2) Accommodating Disabilities. When providing case management services to any youth identified as having a disability, a residential commitment program shall make accommodations as needed to facilitate the youth’s understanding of and active participation in the case management processes. The commitment program shall comply with all requirements of the Americans with Disabilities Act (ADA) of 1990 and the ADA Amendments Act (ADAAA) of 2008, as well as Titles I, II, III, and V of the original law codified in Title 42, Chapter 126 of the United States Code, beginning at Section 12101, as well as Title IV of the original law codified in Title 47, Chapter 5, of the United States Code. The commitment program shall accommodate a youth’s language access needs as a Limited English Proficient (LEP) person with reasonable access to the same services as English-speaking individuals in compliance with Title VI of the Civil Rights Act of 1964 and Executive Order 13166.

(3) Supportive Persons for Youth and their Treatment. A residential commitment program shall encourage and facilitate involvement of the youth’s parent(s) or legal guardian and other supportive person(s) in the youth’s assessment, performance plan development, progress reviews, and transition planning. To facilitate this involvement, the program shall invite the youth’s parent(s), legal guardian, and other supportive person(s) to intervention and treatment team meetings. If unable to attend, the parent(s), legal guardian, or other supportive person(s) shall be given the opportunity to participate via telephone or video conferencing or to provide verbal or written input prior to the meeting. The program shall obtain the written consent of any youth 18 years of age or older, unless the youth is incapacitated and has a court-appointed guardian, before providing or discussing with the parent(s), legal guardian, or other supportive person(s) any information related to the youth’s physical or mental health screening, assessment, or treatment. Additionally, the program shall obtain the written consent of any youth, regardless of age, unless he or she is incapacitated and has a court-appointed guardian, before sharing with the parent(s), legal guardian, or other supportive person(s) any substance abuse information pertaining to the youth.

(4) Multidisciplinary Intervention and Treatment Team. A residential commitment program shall implement a multidisciplinary case management and treatment planning process, assigning each newly admitted youth’s case to a multidisciplinary intervention and treatment team. The team shall plan for and ensure delivery of coordinated delinquency interventions and treatment services to meet the prioritized needs of each youth assigned.

(a) The program director or his or her designee shall identify a leader for each intervention and treatment team to coordinate and oversee the team’s efforts and facilitate effective management of each case assigned to the team.

(b) At a minimum, a multidisciplinary intervention and treatment team shall be comprised of the youth, representatives from the program’s administration and residential living unit, and others directly responsible for providing, or overseeing provision of, intervention and treatment services to the youth. Each intervention and treatment team member shall participate in the case management processes to ensure provision of coordinated services to each youth. The program shall request and encourage the waiver support coordinator if the youth is an identified APD client, the DCF counselor, if applicable, and a representative of the educational staff to participate as an intervention and treatment team member. However, at a minimum, the intervention and treatment team shall obtain input from the educational staff for use when developing and modifying the youth’s performance plan, preparing progress reports to the court, and engaging in transition planning.

(c) At a minimum, a multidisciplinary intervention and treatment team shall obtain information regarding any barrier(s) to discharge from the youth’s JPO or applicable collateral contacts during the initial and every formal monthly intervention and treatment team meeting. Information shall include but is not limited to academic status upon release, guardianship/DCF involvement, living placement upon discharge, and any other barriers that need to be addressed to assist the youth’s transition. Any identified barriers must appear on the youth’s performance plan, to include responsible parties, and continued to the youth’s transition plan, if necessary.

(d) The multidisciplinary treatment team is responsible for developing, updating and reviewing mental health and substance abuse treatment plans as set forth in Chapter 63N-1, F.A.C.

(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 (RS 13, May 2010), which is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10390.

Criminogenic Risks and Needs: The program shall assess each youth using the RAY to identify criminogenic risk and protective factors, prioritizing the youth’s criminogenic needs.
Academic and Career Education Needs (Career and Technical Skills). The academic and career education assessment shall be conducted by local school district personnel or contracted education staff pursuant to Section 1003.52, F.S. The program shall ensure that the initial assessment process addresses the youth’s academic and career educational needs, and any resulting information applicable to the criminogenic risk and needs assessment is incorporated into the youth’s performance plan. The performance plan shall include provisions for intensive remedial instruction in the areas of weakness pursuant to section 1003.52, F.S.
Physical Health. The Health Related History (HRH) must be conducted by a licensed nurse pursuant to Chapter 63M-2, F.A.C. The Comprehensive Physical Assessment (CPA) must be conducted by a physician, physician assistant, or advanced practice registered nurse (APRN).
Mental Health and Substance Abuse Services. Chapter 63N-1, F.A.C., establishes the department’s requirements for mental health and substance abuse services.

(b) Reassessment. The program shall determine and document changes in each youth’s risks and needs using the RAY so that updated information is available when the intervention and treatment team prepares a 90-day Performance Summary. 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 case management documentation in the youth’s official case record. Any mental health evaluation or substance abuse evaluation must be documented and permanently filed in the youth’s Individual Healthcare 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:

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;
Target court-ordered sanctions that can be initiated or completed while the youth is in the program; and
Identify transition activities that are consistent with Chapter 63B-1, F.A.C., and begin early in the youth’s placement to address barriers to successful release.
Performance goals and time to complete them should be determined by the needs of each youth, not length of stay estimates. The goals should be relative to the youth’s identified treatment need(s) and risk-to-reoffend.

(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 RAY 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, 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 case record and shall provide a copy to the youth.

(e) 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, parent, legal guardian, or supportive person(s), and the DCF counselor, if applicable.

Electronic transmittal of the performance plan to the youth’s JPO and DCF counselor is acceptable.
If the parent, legal guardian, or supportive person(s) did not participate in the development of the performance plan and if the youth is a minor and not emancipated pursuant to Section 743.01 or 743.015, F.S., or is over 18 years of age and incapacitated pursuant to 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(s), legal guardian, or supportive person(s) 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(s), legal guardian, or supportive person(s) and returned to the program shall be attached to the youth’s original performance plan.

(7) Treatment Plan. When a youth has a developmental disability or a mental health, substance abuse, or physical health need that is addressed in a separate treatment or care plan, that treatment or care plan shall be coordinated with the youth’s performance plan through the multi-disciplinary intervention and treatment team process to ensure compatibility of goals, services and service delivery. The youth’s performance plan shall reference the youth’s treatment or care plan only as allowed under Federal and State confidentiality laws pertaining to protected healthcare information and substance abuse clinical records. When a youth in a residential commitment program has a current behavior support plan or case plan through the APD, the program shall coordinate the youth’s performance plan with the youth’s APD plan for related issues.

(8) Academic Progress Monitoring Plan. A youth’s performance plan and his or her academic progress monitoring plan, if applicable, shall be coordinated through the program’s multi-disciplinary intervention and treatment team process, and the performance plan shall reference or incorporate the academic progress monitoring plan, which is required to be completed by the Florida Scholars Academy, within 30 calendar days of a youth’s admission into the residential commitment program. (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, RAY reassessment results, progress on individualized performance plan goals, positive and negative behavior, to include behavior that resulted in physical interventions.

(b) Performance reviews shall result in revisions to the youth’s performance plan when determined necessary by the intervention and treatment team and reassessments when deemed necessary by the intervention and treatment team.

Moderate-risk and high-risk programs shall conduct biweekly reviews of each youth’s performance, to include one formal and one informal treatment team meeting each month. 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 when needed, meets with the youth.
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.
The intervention and treatment team shall provide an opportunity for youth to demonstrate skills acquired in the program, and 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.

(c) 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 monthly 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. The Performance Summary (RS 007, July 2017), is incorporated by reference and available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10391.

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 as allowed under Federal and State confidentiality laws pertaining to protected healthcare information and substance abuse clinical records;

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.

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, assisting the youth, if requested. The program shall distribute the performance summary 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(s), legal guardian, or supportive person(s) and shall provide a copy to the youth.

b. 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) Transition Planning. Transition activities shall begin upon the youth’s admission into the residential commitment program and be completed in accordance with Chapter 63T-1, F.A.C.

(11) Coordination of Services for DJJ Youth Also Served by the Department of Children and Families (DCF) and Agency for Persons with Disabilities (APD). In an effort to coordinate services for youth jointly served by the department and one or both of the agencies identified above, a residential commitment program shall provide information requested by the DCF counselor or APD representative, or the youth’s JPO on behalf of these agency representatives, and shall, upon request, make reasonable accommodations for them to visit the youth. The program shall invite these representatives from other agencies to the youth’s transition and exit conferences pursuant to Chapter 63T-1, F.A.C., and, if necessary, make reasonable accommodations for telephone or video access to participate in the conference. Additionally, the program shall notify these representatives 30 days prior to a youth’s release or, in the event the program does not have 30 days’ notice of the youth’s release, the program shall notify them immediately upon becoming aware of the release date.

(12) Management of Sexually Violent Predator (SVP) Eligible Cases. A residential commitment program shall notify the DCF multidisciplinary team and the applicable State Attorney of a youth who is screened by the department as potentially eligible for involuntary commitment as an SVP.

(a) The program shall identify the youth’s potential SVP eligibility as part of the initial assessment documentation and the youth’s performance plan. The program shall include transition activities on the youth’s performance plan that facilitate determination of the youth’s SVP eligibility status.

(b) When planning the youth’s release, the program shall assist the DCF multidisciplinary team and the State Attorney by providing additional information requested or by accommodating their request to interview the youth.

History

Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441 FS. History-New 5-30-19, Amended 11-19-25.

Fla. Admin. Code R. 63E-7.105 Residential Programming

A residential commitment program shall provide delinquency interventions and treatment services that are focusing on preparing youth to live responsibly in the community upon release from the program. The program shall design its delinquency interventions and treatment services and service delivery system based on the common characteristics of its primary target population, including age, sex, and special needs, and their impact on youths’ responsivity to intervention or treatment. However, the program shall individualize and coordinate the provision of delinquency interventions and treatment services based on each youth’s prioritized risk and needs as identified through the RAY, and document services delivered in the youth’s individual management record. The program shall individualize treatment services based upon each youth’s diagnoses, symptoms, and needs, and document treatment services in the youth’s Individual Healthcare Record.

(1) Delinquency Intervention Services.

(a) A residential commitment program shall implement a delinquency intervention model or strategy that is an evidence-based practice, promising practice, a practice with demonstrated effectiveness, or any other intervention approved by the department and in accordance with Chapter 1000, F.S., that addresses a priority need identified for that youth.

(b) Education and work experience shall be considered by the program when determining staff delivery of delinquency intervention services.

(c) A staff person responsible for the implementation of a specific delinquency intervention model, strategy or curriculum shall receive training in its effective implementation.

(d) Residential commitment programs shall assure structured, planned programming or activities at least 60% of a youth’s awake hours. The program shall provide activities or services that include, at a minimum, the following:

Educational Services and Career and Technical Skills Programming. Educational services shall be provided pursuant to section 1003.52, F.S. and the Florida Scholars Academy. Career and technical skills programming and services shall be provided pursuant to Chapter 63B-1, F.A.C., and any applicable provisions of the residential provider’s contract with the department. The program shall make relevant facility training available to the educational and career and technical staff, including program orientation, facility safety and security procedures, the program’s behavior management system, and other topics that the program deems necessary to promote coordination of services, as well as safety and security.
Life and Social Skill Competency Development. The program shall provide delinquency interventions or instruction that focus on developing life and social skill competencies in youth. For purposes of this rule chapter, life skills are those skills that help youth to function more responsibly and successfully in everyday life situations, including social skills that specifically address interpersonal relationships. Non-clinical staff may implement only non-clinical life and social skills interventions or instruction. When skill training or instructional materials are specifically designed for use by clinical staff or the skill training is delivered in response to a youth’s treatment plan, the skill training must be provided by clinicians.

a. The program shall provide life and social skills intervention services that address, at a minimum, identification and avoidance of high-risk situations that could endanger self or others, communication, interpersonal relationships and interactions, non-violent conflict resolution, anger management, and critical thinking, including problem-solving and decision-making.

b. Direct care staff shall model prosocial behaviors for youth throughout the course of each day in the program, reinforce delinquency interventions, and guide and re-direct youth toward prosocial behaviors and positive choices. Additionally, staff shall engage youth in constructive dialogue to peacefully resolve conflict when it occurs or, if imminent safety and security issues delay intervention to resolve the conflict, as a follow-up process after safety and security are restored.

Rehabilitative Justice. The program shall provide activities and instruction intended to increase youths’ awareness of and empathy for crime victims and survivors and increase youths’ personal accountability for their criminal actions and harm to others. The department’s Impact of Crime (IOC) curriculum can be used to satisfy the rehabilitative justice requirement. These activities or instruction shall be planned or designed to:

a. Assist youth to accept responsibility for harm they have caused by their past criminal actions, challenging them to recognize and modify their irresponsible thinking, such as denying, minimizing, rationalizing, and blaming victims;

b. Teach youth about the impact of crime on victims, their families and their communities;

c. Expose youth to victims’ perspectives through victim speakers, in person or on videotape or audiotape, or through victim impact statements, and engage youth in follow-up activities to process their reactions to each victim’s accounting of how crime affected his or her life; and

d. Provide opportunities for youth to plan and participate in activities intended to restore victims and communities, such as restitution activities and community service projects.

Community Projects. The program shall engage youth in community projects as learning experiences that promote competency development in youth and provide opportunities for them to give back to the community, such as projects that benefit less fortunate or victimized persons. If youth are restricted to the confines of the residential facility grounds, the program shall engage them in structured activities that can be accomplished on-site at the program while benefiting the community. Through collaborative community partnerships, the program shall identify projects that are needed and valued by the community. Although program staff shall be responsible for the direct supervision of youth while engaged in a community project, the program shall ensure that any community member identified to sponsor or oversee a project serves as a positive role model while providing guidance needed for youth to successfully complete the project. For youth to understand the value of community involvement, staff shall allow youth to give input into the selection of a community project, involve youth in planning the project, and de-brief with youth after completion of the project to process what they learned and how the community was benefited.
Recreation and Leisure Activities. The program shall provide a range of supervised, structured indoor and outdoor recreation and leisure activities for youth. These activities shall be based on the developmental levels and needs of youth in the program, as well as youths’ input about their preferences and interests in various activities. The program shall offer recreation and leisure activities requiring varying degrees of mental and physical exertion, such as board games, creative arts, sports, and physical fitness activities. Activities shall be planned for youths’ exposure to a variety of leisure and recreation choices, exploration of interests, constructive use of leisure time, and social and cognitive skill development, as well as to promote creativity, teamwork, healthy competition, mental stimulation, and physical fitness.

a. When engaging youth in active recreation and physical fitness activities, the program shall take the precautionary measures necessary to prevent over-exertion, heat stress, dehydration, frostbite, hypothermia, and exacerbation of existing illness or physical injury.

b. When planning for and engaging youth in active recreation and physical fitness activities, the program shall accommodate youths’ limitations due to physical disabilities.

c. The program shall provide each youth with the opportunity to engage in large muscle exercise at least one hour daily. However, a youth shall not engage in such exercise when prohibited by medical contraindications or restrictions documented by a licensed healthcare professional or when a youth is exhibiting signs and symptoms of illness or physical injury pending a licensed healthcare professional’s determination as to the necessity for medical restrictions. Additionally, a youth shall be prohibited from large muscle exercise when he or she is temporarily separated from the general population, including when placed on controlled observation or room restriction status. However, if a youth is restricted to a room, the program shall give the youth an opportunity for large muscle exercise as soon as is reasonably possible after the youth is reintegrated into the general population.

d. The program director shall ensure development and implementation of written procedures that establish the conditions, content, and supervision necessary for the use of books and other leisure reading materials, television programming, videos, movies, and video games in the program. Except for academic classroom materials approved by educational personnel, program staff shall screen or preview the content of books and other reading materials, television programming, videos, movies, and video games to prevent youth’s access to content that promotes violence, criminal activity, sexual activity, or abuse. Program staff shall not allow youth to view any television program, video, or movie that is rated above PG-13 unless it is previewed and pre-approved by the program director or his or her designee. All instructional materials, library books and reference books shall be developmentally appropriate and free of pornography in accordance with Chapter 1006.40 F.S.

(2) Gang Prevention and Intervention Strategies. A residential commitment program shall implement gang prevention and intervention strategies when youth are identified as being a criminal street gang member, are affiliated with any criminal street gang, or are at high risk of gang involvement. Identification of youth to participate in gang prevention or intervention activities shall be based on information obtained through the program’s screening, assessment and classification processes, as well as gang-associated behaviors exhibited or the youth’s expressed interest or intent while in the program.

(3) Rehabilitative Planning and Follow-up Requirements for Off-Campus Activities. A residential commitment program shall ensure that off-campus activities addressed in this subsection are purposeful, deliberately planned, and related to the rehabilitation of the participating youth. Programs shall comply with eligibility, risk classification, notification and approval, supervision, and other security requirements related to off-campus activities. Additionally, the program shall comply with the following rehabilitative planning and follow-up requirements for youth participating in supervised off-campus activities, such as community service projects, field excursions and other transition-related activities, and unsupervised temporary release activities, such as community employment, or day activities and home visits with youths’ parent(s), legal guardian, or supportive person(s). However, the following requirements are not mandatory for supervised recreational off-campus activities earned by youth as incentives in accordance with the program’s behavior management system.

(a) A participating youth shall have specific, written goals or objectives, consistent with his or her performance plan and transition goals, to accomplish during the above-listed off-campus activities. The youth’s parent(s), legal guardian, or supportive person(s) shall be responsible for providing supervision and support during their child’s home visit. For a home visit, the youth’s home visit goals shall be included on the Home Visit Plan/Notification Form (RS 003, July 2017) which is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10392.

(b) The program shall send the Home Visit Plan/Notification Form to the committing court, and shall copy the youth’s parent(s), legal guardian, or supportive person(s), the youth’s JPO, and the youth’s post-residential services counselor, if assigned. The program shall also send to the committing court the Home Visit Plan Approval Form (RS 004, September 2006) which is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10393.

(c) After completion of an off-campus activity, program staff shall de-brief with participating youth to process what they learned from the experience, as well as how they performed during the activity, including successes, challenges, and if applicable, alternative behaviors or actions that could have resulted in more positive outcomes. The youth’s treatment team shall use information about the youth’s performance during off-campus activities when reviewing the youth’s overall progress and when planning future off-site and transition activities for the youth. The program shall solicit feedback on a youth’s performance from the employer of a youth participating in community employment, the community member overseeing a community services project, and the parent(s), legal guardian, or supportive person(s) after supervising their child during a day activity or home visit.

(4) Treatment Services. Treatment services shall be provided so as to include the following components:

(a) Routine Consent.

(b) Youth Consent for Substance Abuse Evaluation and Treatment.

(d) Physical Health Services.

(e) Mental Health Services and Substance Abuse Services.

History

Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441, 985.64(2), FS. History–New 5-30-19, Amended 11-19-25.

Fla. Admin. Code R. 63E-7.106 Transfer, Release and Discharge

(1) Transfer.

(a) A residential commitment program can request to transfer a youth to a higher, lower, or same restrictiveness level program by submitting a Transfer Request Form, Commitment/Transfer Packet Checklist and a transfer Performance Summary to a regional transfer administrator designated by the department. The transfer Performance Summary shall describe efforts by the program to meet the youth’s treatment needs and to modify or manage non-compliant behavior. A requesting program shall complete a Request for Transfer (RS 010, April 2025), which is incorporated by reference and is available electronically at http://flrules.org/Gateway/reference.asp?No=Ref-18488. The request shall be based on at least one of the following:

A youth’s new law violations;
The youth’s continued non-compliant behavior after the program has attempted to modify or manage it;
The program’s incapacity to meet the youth’s changing treatment needs;
The youth’s gang affiliation;
Protection of the public; or
Impending program closure or reduction in the program’s bed capacity.

(b) The transfer administrator shall conduct a transfer staffing if a youth is being considered for transfer to a higher restrictiveness program, and can conduct a transfer staffing in other cases when he or she deems necessary. If the transfer administrator schedules a transfer staffing, the program requesting the transfer shall:

Send the Transfer Staffing Notification Form, and the transfer Performance Summary to the youth’s parent(s), legal guardian, or supportive person(s), copying the youth, the youth’s JPO, the DCF foster care worker, if applicable, and any attorneys of record, including the defense attorney and state attorney. The Transfer Staffing Notification Form, (RS 006, July 2017) is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10395;
Complete the Commitment/Transfer Packet Checklist (JJIS Form 20, February 2019), which is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10396.
Designate at least one member of the youth’s treatment team to participate in the staffing;
Contact the youth’s parent(s) legal guardian, or supportive person(s) regarding their ability to participate in the staffing or obtain their input to be shared with the transfer administrator; and
Provide any additional information and documentation requested by the transfer administrator.

(c) The transfer administrator shall approve or deny the transfer request based on review of information provided by the program, consideration of any transfer staffing recommendations, verification of the youth’s eligibility for admission into a program at the recommended restrictiveness level, and availability of a program that can better meet the youth’s needs while protecting the public. However, if the transfer administrator approves a request that recommends a transfer to a restrictiveness level other than that to which the court committed the youth, the transfer administrator shall submit the transfer request to the court.

(d) The residential commitment program shall include any transfer request and notification documentation in the youth’s individual management record.

(e) When a transfer is granted, the initiating residential commitment program shall prepare a transfer packet. If any core documents are not included in the packet, the receiving program shall contact the initiating program to request the missing documents be faxed or electronically transmitted. The core documents are as follows:

DJJ face sheet;
Current commitment order;
Predisposition report;
Commitment conference summary; and
Individual Healthcare Record.

(f) Within 24 hours of any transfer or on the first regular workday of the following week when the youth is transferred 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. The only exception to this notification requirement is when the regional commitment manager served as the transfer administrator who granted the transfer request.

(2) Release.

(a) When planning for the release of any youth who is clearly not subject to involuntary commitment as a SVP, a residential commitment program shall comply with the following provisions.

A program 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. The Pre-Release Notification and Acknowledgment, (RS 008, February 2019) is incorporated into this rule and is accessible electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10397.

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. If 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 that the release is considered approved because the court did 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 of the planned release to the youth’s parent(s), legal guardian, or supportive person(s), and then complete an RAY exit assessment.

If a youth’s offense is homicide pursuant to Chapter 782, F.S., 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 741.28, 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 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. The Victim Notification of Release (RS 011, July 2017) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10398.

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.

The program shall also ensure the following notifications prior to a youth’s release:

a. Educational, career and technical staff, so required post-testing can 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.

Prior to a youth’s release, the program shall comply with the following departure procedures:

a. If the youth’s residence is within 75 miles of the residential commitment program, the program will transport the youth home, only when notified by the JPO that all family transportation options have been exhausted.

b. If the youth’s residence is between 75 and 300 miles of the residential commitment program, the program will transport the youth no less than 75 miles to a location pre-arranged with the JPO. The meeting point for the transfer must be flexible so that the round trip can take place within eight (8) hours.

c. If the youth’s residence is over 300 miles from the residential commitment program, the program will register the youth with the local regional detention center for transport on the Intrastate Transportation Network (ITN).

d. 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, can be eligible for involuntary commitment as an SVP, a residential commitment program shall comply with the following provisions:

Not less than 240 days prior to the anticipated release of a youth who is potentially SVP eligible, a program with an estimated length of stay of 240 days or more shall notify the JPO of the anticipated release. A program with an 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.
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 JPO with the youth’s 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. The packet must also include the Jimmy Ryce Act For Violent Sexual Offenders/Residential Program Notification Checklist (BCS 23, April 2018), which is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10399.

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, 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 upon 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 generated while the youth is still in the program.

c. If DCF determines that a youth is not subject to civil commitment as a SVP pursuant to Chapter 394, F.S., the program shall comply with the provisions of paragraph (2)(a), above.

(c) When planning for the release of any sex offender who is identified on his or her commitment packet as being subject to the registration requirements of Section 943.0435, F.S., the residential commitment program, in addition to complying with paragraph (2)(a), 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 photograph to the youth’s JPO or, if there is a web camera, the program shall download the photo into JJIS for inclusion in the youth’s file.

(3) Discharge. When a youth is being directly discharged rather than released to conditional release supervision, a residential commitment program shall comply with the notification requirements for release, with the following exceptions:

(a) The program shall send a discharge rather than release summary with the Pre-Release Notification and Acknowledgment form, to the youth’s JPO; and

(b) The program shall notify the youth’s parent(s), legal guardian, or supportive person(s) at least 30 days prior to the youth’s discharge unless the youth is being discharged because he or she has reached the maximum age of jurisdiction.

(c) If a youth in a residential commitment program is taken into custody by law enforcement as an adult for crimes that occurred prior to or during residential placement, the program shall:

Obtain a signature of the law enforcement officer taking custody of the youth, provide them a copy of the youth’s commitment order, and provide them a copy of the completed Request for Notification When Youth Is Ready for Release form. The Request for Notification When Youth Is Ready for Release, (RS 009, September 2006) is incorporated within this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10400;
Contact the youth’s JPO by telephone and in writing, immediately notifying him or her of the youth’s status; and
Document the event, notifications and attempted notifications.

(d) When a youth in a residential commitment program is arrested on a new charge or a pre-placement charge pending in juvenile court that results in the youth going to detention, the residential program shall facilitate a timely return of the youth unless the youth’s continued placement in the program substantially jeopardizes safety or security.

(e) For youths on Suicide Risk Alert or Suicide Precautions immediately prior to release, transfer or discharge from a residential program, the program shall provide verbal and written notification, pursuant to Chapter 63N-1, F.A.C., as follows:

If the youth is to be released to the parent(s), legal guardian, or supportive person(s), the parent(s), legal guardian, or supportive person(s) must be verbally informed and provided written notification of the youth’s suicide risk status prior to discharge from the program. The notification of suicide risk must be documented and permanently filed in the youth’s Individual Healthcare Record.
If the youth is to be transferred to another DJJ facility, a jail or hospital, the facility superintendent or program director where the youth is to be transferred must be notified verbally and by email of the youth’s suicide risk status prior to discharge from the program. The notification of suicide risk must be documented and permanently filed in the youth’s Individual Healthcare Record.

History

Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441 FS. History-New 5-30-19, Amended 11-19-25.

Fla. Admin. Code R. 63E-7.107 Safety and Security

(1) Physical Security Features. A residential commitment program shall provide physical security features as required by Chapter 985, F.S., the provider’s contract with the department, if applicable, and the provisions listed below based on the restrictiveness level of the program.

(a) A moderate-risk program shall be environmentally secure, staff secure, or hardware-secure with walls, fencing, and locking doors.

Additionally, the following security features are required, for a moderate-risk program:

a. Electronic search equipment

b. Door locks on entry, exit, and passage doors, with a manual override capability if locks are electronic;

c. Secure windows of break-resistant or screened glass;

d. Smoke detectors and fire alarms;

e. Camera surveillance system. Exterior security lighting; and

f. Radio or cellular phone communication devices for staff.

A moderate-risk program is authorized, but not required, to have the following security features:

a. Security fencing with an outside overhang or razor wire;

b. Delay open door and window alarms;

c. Secure sally port; and

d. Secure pedestrian gate.

(b) A high-risk program shall be environmentally and staff secure.

Additionally, the following security features are required:

a. Minimum of 12-feet high perimeter fencing, with an inside overhang or razor wire;

b. Door locks on entry, exit and passage doors, with a manual override capability if locks are electric;

c. Secure windows of break-resistant or screened glass;

d. Camera surveillance system;

e. Exterior security lighting;

f. Radio or cellular phone communication devices for staff; and

g. Electronic search equipment.

A high-risk program is authorized, but not required, to have the following security features:

a. Secure sally port; and

b. Secure pedestrian gate.

Perimeter security fencing of at least 12 feet in height, with an inside overhang or razor wire;
Door locks on entry, exit, and passage doors, with a manual override capability if locks are electronic;
Camera surveillance system, with inside and outside cameras and taping capability;
Sally port with intercom capability;
Secure pedestrian gate with intercom capability;
Secure windows that are break-resistant or screened glass;
Sleeping room doors that open out;
Exterior security lighting;
Electronic search equipment; and
Radio or cellular phone communication devices for staff.

(2) Youth Searches. Before program staff conduct any full body visual screening of a youth and, at a minimum, before staff conduct a youth’s initial frisk search, staff shall prepare the youth by explaining the purpose of the search and what it entails, while assuring the youth of his or her safety. Throughout the search, staff shall avoid using unnecessary force and shall treat the youth with dignity and respect to minimize the youth’s stress and embarrassment.

(a) Frisk and Full Body Visual Searches. Staff conducting a search shall be of the same sex as the youth being searched. When two staff of the same sex are not available for a full body visual search, the search must be conducted by one staff of the same sex, while a staff of the opposite sex is positioned to observe the staff person conducting the search, but cannot view the youth.

(b) Use of electronic search equipment is authorized to supplement any frisk search authorized in this rule section. The provisions below stipulate the minimum requirements for use of frisk searches and full body visual searches based on a program’s restrictiveness level. However, a program at any level is permitted to conduct frisk or full body visual searches when authorized by the program director, or in the director’s absence, his or her designee, for purposes of controlling contraband or ensuring safety and security. When a frisk search is required based on the following provisions, yet the program director or designee authorizes a full body visual search for contraband control or safety and security purposes, the full body visual search shall be in lieu of the frisk search.

Moderate-risk Programs – A moderate-risk program shall conduct a frisk search after a youth’s participation in a career, technical, or work program or activity involving the use of tools or other implements that could be used as weapons or as a means of escape. A frisk search shall also be conducted when a youth returns from a home visit. A moderate-risk program shall conduct a full body visual search of every youth upon admission, except when a youth is admitted from secure detention, in which case a full body visual search is authorized, but not required.
Secure Programs – A secure program shall conduct a frisk search after a youth’s participation in a career, technical, or work program or activity involving the use of tools or other implements that could be used as weapons or as a means of escape. A secure program shall conduct a frisk search following a youth’s involvement in a visitation activity. In the case of non-contact visitation, such as when the visitor and the youth are separated by an impenetrable barrier, the program director shall not authorize a full body visual search in lieu of a frisk search. A frisk search shall also be conducted when a youth returns from a supervised off-campus activity conducted away from the facility or its grounds. Although unsupervised off-campus activities, including home visits, are not permitted for maximum-risk youth, a program shall conduct a full body visual search of a high-risk youth returning from a home visit and shall frisk search a youth returning from any other unsupervised off-campus activity. A secure program shall conduct a full body visual search of every youth upon admission, except when a youth is admitted from secure detention, in which case a full body visual search is authorized, but not required.

(c) A cavity search that involves the examination of the youth’s body cavities, beyond a visual inspection of ears, nose and mouth, can only be conducted by trained medical personnel in an emergency room setting when authorized by the program director upon the strong suspicion that a youth has concealed contraband in a body cavity.

(d) With the exception of privileged mail to or from a youth’s attorney of record, JPO, clergy, or a state or federally authorized advocate or advocacy group representative, the program shall search youths’ incoming and outgoing mail, including correspondence and packages, for contraband and for any information that could threaten the security or safety of the program, including escape plans or gang-related information. During the search of incoming or outgoing mail, the youth receiving or sending the mail shall be present or, if the program conducts mail searches at a central location, a youth representative shall be present to witness the process.

(3) Staffing Ratios. All residential commitment programs shall provide awake staff supervision 24 hours per day.

(a) Establishment of staff-to-youth ratios for each contracted program shall be based on the following factors:

Restrictiveness level of the program;
Special needs of the targeted population; and
Facility layout or physical plant design.

(b) Staff-to-youth ratios in a privately operated residential commitment program shall be provided as specified in the provider’s contract with the department but shall be at least 1:8 during youth waking hours and 1:16 during youth sleeping hours, and shall be monitored for compliance by the department.

(c) Staff-to-youth ratios in all residential programs shall be specified in the department’s monitoring plan for the program and shall be monitored for compliance by the monitor(s) designated by the department.

(4) Supervision of Youth. All residential commitment program staff shall promote safety and security by maintaining active supervision of youth to include interacting positively with youth, engaging youth in a full schedule of constructive activities, closely observing behavior of youth and changes in behavior, and consistently applying the program’s behavior management system.

(a) Program staff shall account for the whereabouts of youth under their supervision at all times.

(b) Each program shall ensure that staff conduct and document resident counts minimally at the beginning of each shift, after each outdoor activity, and during any emergency, escape incident, or riot.

(c) Each program shall track daily census information to include at a minimum the total daily census count, new admissions, releases or direct discharges, transfers, and youth temporarily away from the program.

(d) If at any time program staff cannot account for any youth’s whereabouts or they find discrepancies between resident counts and the tracking of daily census information, the program shall reconcile immediately and take follow-up action as needed.

(e) A residential commitment program shall ensure that staff observe youth at least every ten (10) minutes while they are in their sleeping quarters, either during sleep time or at other times, such as during an illness or room restriction. Staff shall conduct the observations in a manner to ensure the safety and security of each youth and shall document real-time observations manually or electronically. All 10-minute checks shall be completed in such a way to ensure that staff see the youth’s skin. All 10-minute checks shall be recorded on a 10-minute check sheet which includes the staff’s name, the youth’s name and location, and the time of each check that shall be initialed by the staff who physically conducts the check. All 10-minute check sheets shall be maintained for twelve months, and available for review.

(f) There shall be no obstructions (clothing, paper, pictures, etc.) over windows or in areas where staff are likely to be in the presence of youth and direct line of sight is needed.

(5) Safe and Secure Facility. A residential commitment program shall maintain a safe and secure physical plant, grounds, and perimeter and shall:

(a) Conduct weekly security audits and safety inspections;

(b) Develop and implement corrective actions warranted as a result of safety and security deficiencies found during any internal or external review, audit, or inspection; and

(c) Verify that deficiencies are corrected and existing systems are improved or new systems are instituted as needed to maintain compliance. In cases where no corrective action can be reasonably implemented without the department’s response to a request for use of facility maintenance funds, the provider’s request shall constitute initiation of corrective action.

(6) Audio or Video Recordings. A residential commitment program that has any on-site video or audio system with recording capability shall maintain at least a 90-day history of recordings unless the equipment does not have the capacity to maintain a 90-day history, in which case the program shall maintain the recordings to the extent of the equipment’s capacity, but no less than 30 days.

(7) Gang Prevention and Intervention. A residential commitment program shall implement gang prevention and intervention strategies within the facility. Any indication of criminal gang activity, either observed or reported, shall be documented and the names of the youth identified as participating in criminal gang activity shall be entered in the alert system in JJIS and forwarded to local law enforcement for review within 24 hours. This information shall be shared with the education provider 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. For the purpose of this rule chapter, the definitions of criminal gang and criminal gang member are consistent with definitions in Chapter 874, F.S.

(a) The program shall identify a staff member who will serve as a Gang Coordinator to address any gang related issues within the residential commitment program.

(b) The program must develop a plan for any youth who are identified gang members to address their desire or intent to dis-affiliate with a criminal street gang.

(8) Key Control. A residential commitment program shall establish a key control system that, at a minimum, addresses the following:

(a) Key assignment and usage, including restrictions on usage;

(b) Inventory and tracking of keys;

(d) Procedures addressing missing or lost keys; and

(e) Reporting and replacement of damaged keys.

(9) Contraband. A residential commitment program shall develop a policy and procedure for contraband. The policy and procedure must address, but is not limited to, the following areas:

(a) Illegal Contraband: At no time shall illegal contraband, as defined in Section 985.711, F.S., be allowed in the secure perimeter of the facility. Such items include: any unauthorized article of food or clothing given or transmitted, or intended to be given or transmitted, to any youth in a juvenile detention facility or commitment program, any electronic equipment, cellular device, or smartwatch not issued by the department or provider, electronic or vaporless cigarettes, any intoxicating beverage or any beverage that causes or may cause an intoxicating effect, any controlled substance, as defined in Section 893.02, F.S., marijuana as defined in Section 381.986, F.S., hemp as defined in Section 1004.4473, F.S., any prescription or nonprescription drug that has a hypnotic, stimulating, or depressing effect, and any firearm or weapon of any kind or any explosive substance, any currency or coin given or transmitted, or intended to be given or transmitted, to any youth, or any cigarettes, as defined in Section 210.01, F.S., or tobacco products, as defined in Section 210.25, F.S., given, or intended to be given to any youth. The facility’s policy and procedure will address the requirements of and limitations on staff use of facility or provider issued cellular phones or portable communication devices, with documentation maintained designating the allowable device type as issued to the specific staff member. The policy and procedure may allow specified department staff, medical and mental health personnel, Florida Scholars Academy personnel, career and technical education personnel, emergency services personnel, and designated subcontracted staff to possess a non-facility-issued cellular phone or portable communication device for work purposes only. The possession and use of each device shall be documented, and that documentation shall be maintained by the Facility Administrator. Contraband items that may be used as evidence shall be secured by the discovering staff and hand-delivered to the Facility Administrator or designee and subsequently secured under lock and key. The facility staff shall document the chain of custody for the items and give the information to the responding law enforcement officer. In all instances involving the confiscation of illegal contraband, the confiscated item(s) shall be turned over to law enforcement authorities and a report filed.

(b) Prohibited Items: At no time shall contraband be allowed in the facility as more broadly defined in subsection 63E-7.100(20), F.A.C., which items include: sharps, escape paraphernalia, lighters or matches, metals, and non-facility issued keys. At the discretion of the Facility Administrator, contraband that is not illegal shall be discarded, returned to its original owner, mailed to the youth’s home or stored and returned to the youth upon release.

(c) Program staff: Including Florida Scholars Academy employees, subcontracted staff, visitors, and volunteers are prohibited from introducing any item deemed contraband inside the residential facility. All DJJ and Department of Children and Family personnel conducting official State business shall be allowed to maintain their State issued cellular devices. The possession and use of each device shall be documented and that documentation shall be maintained by the Facility Administrator. All program staff, visitors, vendors, and contracted providers shall be searched prior to entering the facility.

(d) Electronic Equipment: The facility must use electronic equipment to search youth, staff, and visitors prior to entering the facility. The procedure should include visual inspection, emptying of all pockets, and the verbal verification that the individual is not in possession of any illegal or prohibited contraband.

(e) Searches: The Facility Administrator shall ensure that the primary function of any search is to locate contraband and to identify any item or situation that may be hazardous or otherwise compromise safety or security.

(f) Posting of Notices: Notices shall be prominently posted advising youth, staff, and visitors that the introduction of illegal contraband into a residential commitment program is punishable as a felony by a term of up to fifteen (15) years per Section 985.711, F.S.

(g) Documentation: The program must develop a process for documenting contraband incidents, searches, and the result of each search. Any item or situation which may compromise safety or security shall be reported immediately to the Facility Administrator or designee. Programs must ensure that a staff member is designated for this purpose 24 hours per day, seven days a week. An incident report identifying findings and the disposition of the contraband shall be completed;

(h) Incident Reporting: Incidents must be reported to the Central Communications Center (CCC) in accordance with Chapter 63F-11, F.A.C. In the event that a contraband related incident involves contacting law enforcement, the program must contact the residential regional director, in addition to the CCC.

(10) Tool Management. Unless otherwise specified in a provider’s contract, a residential commitment program shall provide a minimum ratio of one (1) staff for every five (5) youths (a 1:5 ratio) during activities involving the use of tools, except in the case of a work project involving tools that requires a ratio of one (1) staff for every three (3) youths (a 1:3 ratio). Each residential commitment program shall institute a tool management system to prevent youth from using equipment and tools as weapons or means of escape. At a minimum, tool management shall address:

(a) Procedures for issuing tools to youth and staff, including an assessment to determine a youth’s risk to the public, staff, other youth and self if allowed to participate in a project or activity involving the use of tools;

(b) A frisk search and, at the program’s discretion, an electronic search of any youth at the completion of each work project or activity that involves the use of tools;

(d) Tool inventories as follows:

Tools shall be inventoried prior to being issued for work and at the conclusion of the work activity. Staff shall report any discrepancy to the program director or his or her designee for immediate follow-up action.
Any tool that, in its manufactured form or due to subsequent modifications, has sharp edges or points and has a high potential to be used as a weapon to inflict serious bodily harm, shall be inventoried daily, except on days when they are not used.
Any tool that, in its manufactured form or due to subsequent modifications, does not have sharp edges or points shall be inventoried at least monthly.
If the program consistently implements a system whereby tools are securely stored in a sealed container or closet, and if the seal has not been broken at the time an inventory is being conducted, the sealed tools may be exempt from inventory.

(e) Prohibited tools to include machetes, bowie knives, or other long blade knives;

(f) Procedures that address missing tools;

(g) Internal reporting of incidents involving tools and reporting to the department’s Central Communications Center as required;

(h) Secure storage of tools when not in use;

(i) Training for staff and youth on the intended and safe use of tools;

(j) Disposal and replacement of dysfunctional tools that are in an unsafe condition or disrepair; and

(k) Tool control and restrictions when a repairman or worker external to the program enters the facility or facility grounds to perform a work project that requires the use of tools. These restrictions shall limit tools to only those that are necessary, checking tools upon the worker’s arrival to and exit from the program, restricting youths’ access to the work area, immediate reporting of any tool the worker finds missing while onsite at the program, and follow-up action if any tool is found missing.

(11) Kitchen Utensils. A residential commitment program shall institute a system to control and inventory kitchen utensils used to prepare and serve food, and eating utensils used by youth.

(12) Flammable, Poisonous and Toxic Items. A residential commitment program shall maintain strict control of flammable, poisonous, and toxic items and materials. At a minimum, the program shall:

(a) Maintain a complete inventory of all such items the program uses;

(b) Maintain a current list of facility positions, titles or functions that are authorized to handle these items;

(d) Dispose of hazardous items and toxic substances or chemicals in accordance with Occupational Safety and Health Administration (OSHA) Standard 29 CFR 1910.1030; and

(e) Maintain Material Safety Data Sheets (MSDS) on site in each location chemicals are used and on every shift in accordance with revised OSHA Hazard Communication Standard 29 CFR 1910.1200. This “Globally Harmonized” Standard also requires proper labeling of chemicals and employee training.

(13) Mechanical Restraints. When necessary, and only as a last resort to maintain safety and security, the department authorizes the use of physical intervention techniques and mechanical restraints in residential commitment programs pursuant to Chapter 63H-3, F.A.C.

(14) Controlled Observation. A program may use controlled observation only when necessary and as a last resort. It is intended as an immediate, short-term, crisis management strategy for use during volatile situations in which one or more youths’ sudden or unforeseen onset of behavior imminently and substantially threatens the physical safety of others and compromises security. Controlled observation is not authorized for use as punishment or discipline.

(a) The program is authorized to temporarily place a youth in a controlled observation room only in the following situations when non-physical interventions would not be effective:

Emergency situations where there is imminent risk of the youth physically harming himself or herself, staff, or others; or
When the youth is engaged in major property destruction that is likely to compromise the security of the program or jeopardize the youth’s safety or the safety of others.

(b) A supervisor with delegated authority shall give prior authorization for each use of controlled observation unless the delay caused by seeking prior approval would further jeopardize the safety of others and the program’s security. In this case, as soon as the youth is placed in the controlled observation room and order is re-established within the program, staff shall obtain authorization for continued placement from a supervisor with delegated authority or the youth shall be removed from the controlled observation room.

(c) Staff shall not leave a youth alone in a controlled observation room until an inspection of the room is conducted and it is deemed safe, secure, and in compliance with the following room specifications:

Minimum of 35 unencumbered square feet;
Solid core hardwood or metal door with a shatter-resistant observation window that allows for sight and sound observation;
Vents that are out of the reach of youth and covered with small mesh or a metal plate, with holes no more than 3/16 inch and no exposed edges;
Recessed light fixtures that are covered with shatter-resistant material;
Windows that are shatter-resistant or, if not, covered with security-rated screens or another material that prevents access to the glass;
No electrical outlets;
No electrical switches unless covered and secured; and
A security-rated, fire retardant plastic mattress suitable for use on the floor or on a suicide-resistant bed.

(d) To determine if there are any observable injuries that would contraindicate a youth’s placement in a controlled observation room, the program shall use the Health Status Checklist to conduct and document a visual check of the youth upon his or her placement.

A healthcare professional or a staff person of the same sex as the youth shall conduct the visual check.
The visual check shall be conducted without the youth disrobing unless there is reason to suspect an injury that is hidden by clothing, in which case, a healthcare professional or a staff person of the same sex shall conduct the visual check.
If a physical injury is observed, the youth complains of injury or illness, or the youth experienced a fall, impact, or blow such that injury could reasonably be expected, a health care professional shall be immediately notified for timely assessment and treatment.

(e) Staff shall not place a youth in controlled observation if the youth is identified as a suicide risk in the program’s alert system or when the youth is demonstrating acute psychological distress behaviors, such as panic, paranoia, hallucinations, and self-harming behaviors, or if the youth exhibits suicide risk behaviors as defined in Rule 63N-1.002, F.A.C. Additionally, if a youth in a controlled observation room begins demonstrating acute psychological distress or suicide risk behaviors, the youth shall immediately be removed from the room and follow-up mental health services shall be provided.

(f) A staff person of the same sex shall frisk search the youth and remove any potentially dangerous or injurious items before the youth is left alone in a controlled observation room. Staff shall remove all jewelry, pocket items, hair ties, hairpins, belts, or other clothing or items that the youth could use for self-injury or injury to others; however, the youth shall not be stripped.

(g) Staff shall discuss with the youth the reasons for his or her placement in controlled observation and the expected behavior for removal from placement. Later, when the youth’s behavior has de-escalated and is conducive to constructive interaction, staff shall attempt to process with the youth what happened and explore alternative behaviors.

(h) To ensure the youth’s safety while in the controlled observation room, staff shall conduct safety checks at a minimum of every ten (10) minutes and shall observe the youth’s behavior. However, continuous sight and sound supervision, defined as staff’s provision of continuous, uninterrupted visual and sound monitoring of the youth, shall be provided when the youth is demonstrating physical behaviors that pose a high risk to others. Staff shall document all safety checks and observations of youth and their behavior while placed in controlled observation on the Controlled Observation Safety Checks Form (RS 002, June 2008), which is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10401.

(i) The program director or a supervisor with delegated authority shall approve a youth’s release from controlled observation when it is determined that, based on the youth’s verbal and physical behaviors, he or she is no longer an imminent threat of harm to self or others.

The time limit for placement of a youth in the controlled observation room is two hours unless the program director or his or her designee grants an extension because release of the youth would imminently threaten his or her safety or the safety of others. No extension shall exceed two hours except when a youth is sleeping between the hours of 10:00 p.m. and 6:00 a.m. when the approving authority could not reasonably determine the youth’s readiness for release. The total placement time for a youth in controlled observation, including all extensions, shall not exceed 24 hours.
When a youth is released from controlled observation, staff shall determine whether an in-house alert is warranted.

(j) The program director or assistant program director shall review the approval, use and administrative review of each use of controlled observation within 14 days of the youth’s release from controlled observation to determine if the placement was warranted and handled according to the provisions of this rule section. Any corrective actions deemed necessary to prevent potential misuse of controlled observation shall be immediately implemented. The Controlled Observation Report (RS 001, June 2008), is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10402.

(k) The program shall ensure completion of the Controlled Observation Report for each use of controlled observation. Additionally, for each use of controlled observation, the program shall ensure completion of the Health Status Checklist and the Controlled Observation Safety Checks form. The program shall maintain these forms in an administrative file, as well as in the youth’s individual management record.

(l) A pregnant youth may only be placed in controlled observation when there are no less restrictive means available and such placement is necessary to protect the health and safety of the youth or others, or to preserve the security of the facility. If a pregnant youth is placed in controlled observation, the program shall provide a completed copy of the Pregnant Youth Controlled Observation Form (RS 012) to the youth within 12 hours of placement. The program shall maintain these forms in an administrative file, as well as in the youth’s official healthcare record. The Pregnant Youth Controlled Observation Form (RS 012 August 2020), is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-12219.

(15) Room Restriction. Consistent with the following provisions, a residential commitment program may use room restriction for major infractions that put the safety and security of the youth, other youth, or staff at risk, temporarily restricting the youth’s participation in routine activities by requiring the youth to remain in his or her sleeping quarters:

(a) Room restriction shall not be used for a youth who is out of control or a suicide risk.

(b) A supervisor shall give prior approval for each use of room restriction.

(c) Room restriction shall not exceed four hours and the door to the room shall remain open to facilitate staff supervision.

(d) Staff shall engage, or attempt to engage, the youth in productive interactions at least every thirty (30) minutes while on room restriction status.

(e) Youth shall not be denied basic services, such as regular meals and physical or mental health services.

(f) Program staff shall use strategies, such as conflict resolution, behavior management, and constructive dialogue, to facilitate the youth’s reintegration into the general population when released from room restriction.

(g) For each use of room restriction, the program shall document the following:

A description of the behavior that resulted in room restriction;
The date and time room restriction was implemented;
The name of the staff person who recommended the use of room restriction and the name of the approving supervisor;
The name of the staff person removing the youth from room restriction;
The date and time of removal and a description of the youth’s behavior and attitude upon removal; and
Follow-up actions taken or attempted to help re-integrate the youth back into the general population when released from room restriction.

(16) Escapes. For purposes of this rule, the definition of escape is consistent with Section 985.721, F.S.

(a) When a youth escapes from the facility or escapes from supervised activities away from the facility or while in transit to and from such activities, the program shall immediately report the incident by telephone to law enforcement and the department’s Central Communications Center. The program shall notify the youth’s parent or guardian as soon as is practicable. As soon as practicable, but within four hours, the program shall provide the following persons the completed Escape Notification Form (RS 005, July 2017), which is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10403:

Local law enforcement agency with jurisdiction where the program is sited;
The state attorney in the jurisdiction where the delinquency petition was filed;
The sentencing judge;
The department’s residential regional director or designee; and
The youth’s JPO or his or her supervisor.

(b) The program shall maintain a separate log that documents each notification, including each person contacted, the date and time of contact, and the program staff making the contact. In addition, all pertinent information relating to the escape shall be documented in the program’s daily logbook and the youth’s individual management record.

(c) If law enforcement declines to accept a report alleging that a youth has committed the felony offense of escape, the program shall notify the youth’s JPO or his or her supervisor who will request the court of jurisdiction to issue an order to take the youth into custody.

(d) If the youth is not apprehended within 48 hours of the escape, the program shall release the youth from the program in the department’s JJIS Bed Management System or, if the program does not have direct access to JJIS, shall notify the department’s regional commitment manager via telephone.

(e) As soon as possible after the program becomes aware of the youth’s apprehension, the program shall advise all parties whom they previously notified of the escape.

(f) The program shall review circumstances pertinent to an escape within 48 hours, cooperate with the department in any review or investigatory activities following an escape, and implement corrective actions as needed to prevent future escapes.

(g) If a youth absconds while on temporary release status and does not return to the program as expected, the program shall contact:

The youth’s family within four hours of becoming aware of the event to request their assistance in facilitating the youth’s return to the program; and
The youth’s JPO or his or her supervisor to request their assistance in facilitating the youth’s return or to expedite issuance of a pick-up order. The program shall make this contact as soon as is practicable, but no later than the end of the same workday in which the program becomes aware of the event if it falls within the traditional workweek or, if not, before the end of the next traditional workday.

(17) 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 minimum provisions whether or not secure transportation is required:

The program shall ensure each driver has a current driver’s license and does not have any infractions that would deem them ineligible to operate a program vehicle in accordance with relevant department policy related to vehicle operations.
Program staff shall not transport youth in any personal vehicle unless the program director approves such action based on extenuating circumstances wherein the life or safety of a youth is in imminent jeopardy without taking such action.
The program shall provide the minimum ratio of one (1) staff, not to include the driver, for every five (5) youths (a 1:5 ratio) required for off-campus activities.
Youth and staff shall wear seat belts during transportation, and youth shall not be attached to any part of the vehicle by any means other than the proper use of a seat belt.
The program shall issue transporters a cellular phone or radio for use in the event of vehicle problems or other emergencies.
Staff shall not leave youth unsupervised in a vehicle.
Youth shall not be permitted to drive program or staff vehicles.
Staff shall lock personal and program vehicles when not in use.

(b) When transporting youth, a high-risk or maximum-risk program shall provide secure transportation. A moderate-risk program shall provide secure transportation for any youth who has been assessed and determined to be a security risk or risk to self and others and has demonstrated that he or she cannot be transported by less restrictive methods. The program shall comply with the following when securely transporting youth:

The use of mechanical restraints is required and shall be provided pursuant to Chapter 63H-3, F.A.C. In the event of a mass evacuation, soft restraints or flex cuffs may be used if there are not enough mechanical restraints available.
In addition to the requirements of paragraph 63E-7.107(18)(a), F.A.C., the program shall comply with the following provisions when providing secure transportation:

a. The vehicle shall have rear doors that cannot be opened from the inside.

b. The vehicle shall be equipped with a safety screen separating the front seat or driver’s compartment from the back seat or rear passengers’ compartment, or a staff person shall occupy the back seat or rear passengers’ compartment with the youth.

c. The program shall provide the minimum ratio of one (1) staff for every five (5) youths (a 1:5 ratio) required for off-campus activities. However, if five or fewer youth are being transported, the program shall provide a minimum of two staff, with one being the same sex as the youth being transported.

(c) The program shall ensure that any vehicle used by the program to transport youth is properly maintained for safe operation.

The program director or designee shall ensure each vehicle being used to transport youth passes an annual safety inspection.
The program shall maintain documentation on use of each vehicle and its maintenance.
Each vehicle used to transport youth shall be equipped with the appropriate number of seat belts, a seat belt cutter, a window punch, a properly anchored fire extinguisher, and an approved first aid kit.

(18) Off-Campus Activities. A residential commitment program shall comply with the following provisions on youth’s eligibility and participation in off-campus activities.

(a) A residential commitment program shall provide supervision for youth who leave the facility grounds for necessary activities such as health and court-related events. The program shall determine a youth’s eligibility for participation in other off-campus activities based on the program’s restrictiveness level, the youth’s performance and behavior in the program, and the assessed risk for the youth to re-offend during the off-site activity.

A moderate-risk program shall allow a youth to participate in necessary, supervised off-campus activities such as health and court related activities. The program may also allow a youth to participate in other constructive supervised off-campus activities and, with court approval, may permit the youth to participate in specific temporary release activities, such as community employment and home visits. If an extraordinary family emergency arises, the program director or designee may, with court approval, grant an emergency temporary release. In such a case, the program shall, with input from the youth’s family, develop a specific itinerary and coordinate with the youth’s JPO.
For most of a youth’s placement in a high-risk program, the program shall restrict a youth’s participation in off-campus activities to necessary, supervised activities such as health and court-related activities. However, during the final 60 days of a youth’s residential stay and with court approval, the program may grant permission for the youth to leave facility grounds to engage in transitional activities such as enrollment in school or a career and technical program, completion of a job interview, performance of community service, and home visits of no more than 72 hours. Additionally, if an extraordinary family emergency arises, such as the death or impending death of a youth’s immediate family member, prior to the final 60 days of a youth’s stay, the program director or designee may, with court approval and concurrence of the department’s residential regional director, grant an emergency temporary release. In such a case, the program shall, with input from the youth’s family, develop a specific itinerary and coordinate with the youth’s JPO.
A maximum-risk program shall not allow a youth to participate in off-campus activities except for necessary, supervised activities such as health and court-related events and, under exceptional circumstances, a staff-supervised day trip to attend a family emergency event when approved by the court and the department’s residential regional director.

(b) Prior to allowing a youth to participate in any off-campus activity that is not a supervised, necessary event, the program shall assess the youth’s risk and determine that he or she is unlikely to re-offend while in the community. Additionally, the program shall require the youth to demonstrate progress and positive behavior in the program.

(c) Except for supervised, necessary off-campus activities, the program shall plan and structure each off-campus activity, including any home visit, for youth to accomplish specific goals and objectives. The program shall involve the youth in the planning process.

(d) The program shall ensure a minimum ratio of one (1) staff to every five (5) youths (a 1:5 ratio) during any supervised off-campus activity. The program shall provide a more intensive staffing if the activity or circumstances surrounding the activity dictate that closer supervision is necessary to ensure the safety of the community, staff and youth.

(e) When a youth committed for specified offenses is allowed a temporary release, the program shall follow any applicable notification provisions in subsection 63E-7.106(2), F.A.C., unless notification rights have been waived.

(f) Trips or functions requiring travel out of the state of Florida are prohibited, unless approved in writing by the department’s residential regional director and Assistant Secretary for Residential and Correctional Facilities. Approval shall be based on the youth’s eligibility to engage in off-campus activities, and the purpose, objectives, travel plans and supervision arrangements.

(19) Disaster and Continuity of Operations Planning. A residential commitment program shall develop a coordinated disaster plan and a continuity of operations plan (COOP), or it may choose to develop one comprehensive plan that incorporates both. The plan(s) shall provide for the continuation of basic care and custody of youth in the event of an emergency or disaster, while ensuring safety of staff, youth and the public.

(a) The program’s disaster plan shall:

Provide for at least one monthly drill on each staffing shift to cover any of the following emergencies on a rotating basis:

a. Fire;

b. Severe weather;

c. Disturbance or riot;

d. Bomb threat;

e. Hostage situation;

f. Chemical spill;

g. Flooding;

h. Terrorist threats or acts;

Identify and define essential or key staffs’ roles and specific responsibilities during emergency or disaster situations;
Specify and plan for the provision of any equipment and supplies required to maintain the continuous operation of services during an emergency or disaster. Equipment and supplies include food, medications, pharmaceutical and first aid supplies, clothing and linens, vehicles, cell phones, flashlights, batteries, fire safety equipment, and laptop computers;
Address the preservation of youth information to include, at a minimum, a photo of the youth, the parent(s) or legal guardian contact information and the youth’s related health care needs (including medications, the IHCR and necessary medical supplies);
Identify critical information about youth that may be needed in an emergency and plan for its access;
Address alternative housing plans;
Be compatible with the disaster plan and COOP for the department’s residential region;
Be stored on site and disseminated to appropriate local and state authorities as necessary.

(b) The program’s COOP shall:

Provide for the continuity of care and custody of its youth and the protection of the public in the event of an emergency that prevents occupancy of the program’s primary facility or structure;
Be compatible with the COOP for the department’s residential region;
Be readily available to staff;
Be reviewed and updated annually;
Be submitted to the department’s residential regional director for review, approval, and signature; and
Be approved by the Division of Emergency Management as submitted by the department’s COOP coordinator.

(20) Internet Access. A residential commitment program shall ensure that youth only have access to the Internet for the purposes of obtaining educational material. While youth are online, program staff shall continually monitor the computer screens to ensure that youth are accessing only the approved material. The program shall implement effective technology protection measures to limit youths’ Internet access to only the approved educational material. The program shall conduct and document monthly checks on the protection system and, if problems are identified with the system, shall prohibit youths’ access until repairs are completed and tested. The program shall not allow youth access to prohibited sites that may elude the technology protection measures.

(21) Water Safety.

(a) A residential commitment program that allows youth to participate in water-related activities shall establish a water safety plan that addresses, at a minimum, safety issues, emergency procedures, and the rules to be followed during a water-related activity, as follows:

Assessing the risk level for each youth to participate in water-related activities by identifying his or her swimming ability, and considering other factors to include, at a minimum, age and maturity, special needs such as physical and mental health issues, and physical stature and conditioning;
Type of water in which the activity is taking place, such as pool or open water;
Water conditions, such as clarity and turbulence, and bottom conditions;
Type of water activities such as swimming, boating, canoeing, rafting, snorkeling, scuba diving, and shoreline and offshore activities to include fishing from a bank or pier, fishing while wading.
Lifeguard-to-youth ratio and positioning of lifeguards;
Other staff supervision; and
Safety equipment needed for the activity, such as personal flotation devices when youth are in a boat, canoe or raft, and availability of a lifeline during shoreline and offshore activities.

(b) The program shall provide sufficient supervision to continuously account for youth and ensure their safety.

As required herein, the program shall provide lifeguards who are certified by American Red Cross or other nationally accepted standards for the type of water activity taking place.

a. If the water-related activity takes place in a pool, at least one staff person certified as a lifeguard shall be present.

b. If the water-related activity takes place in open water, at least one staff person certified in waterfront lifeguarding shall be present.

c. Shoreline activities do not require lifeguards present; however, the program shall provide supervision by staff trained in emergency procedures. Staffing shall be sufficient to continually account for youths’ whereabouts and maintain safety.

d. Scuba diving activities shall be conducted by a scuba diving instructor certified by the National Association of Underwater Instructors (NAUI) or the Professional Association of Diving Instructors (PADI). Snorkeling or skin diving activities shall be conducted by a scuba diving instructor or a snorkeling or skin diving instructor certified by NAUI or PADI.

The program shall provide additional staff supervision to ensure youths’ safety. If the activity is conducted away from the program or its grounds, a minimum ratio of one (1) staff for every five (5) youths (a 1:5 ratio) is required.
The program shall maintain an accounting of youth, including conducting and documenting head-counts at regular intervals.

History

Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441, 985.711 FS. History–New 5-30-19, Amended 1-18-21, 2-9-21, 11-19-25.

Fla. Admin. Code R. 63E-7.108 Program Administration

(1) A residential commitment program director shall be accountable for the daily operation of the program, as well as ongoing program planning and evaluation to ensure safety, security, and effectiveness of services provided to youth. The residential program director shall ensure the program maintains a trauma responsive residential environment for youth, family, and staff.

(2) A residential commitment program’s mission statement shall be consistent with the department’s mission and principles of the rehabilitative justice philosophy.

(3) A residential commitment program’s written description shall include, at a minimum, the delinquency intervention strategy, treatment model and services provided.

(4) A residential commitment program director shall ensure provisions for staffing that, at a minimum, address the following:

(a) Level 2 pre-employment screening requirements pursuant to Chapter 435 and Section 985.644, F.S.;

(b) Staff retention planning that includes steps to minimize turnover and improve employee morale;

(c) Maintenance of an organizational chart that reflects spans of control and lines of authority and specifies the job title, and the primary function if not inherent in the job title, of each program staff and overlay service provider;

(d) Staffing schedules that ensure coverage across shifts and a system for accessing additional staff coverage as needed;

(e) Position descriptions for each staff member that specify required qualifications, job functions or duties, and performance standards. Staff’s implementation of the program’s behavior management system, and delivery of delinquency intervention services are to be identified as job functions for applicable staff;

(f) A system for evaluating staff at least annually based on established performance standards;

(g) Systems of communication to keep staff informed and give them opportunities for providing input and feedback pertaining to operation of the program;

(h) A dress code for staff that includes a requirement for attire that staff shall be dressed differently from youth and easily identifiable as staff in video surveillance, which promotes professionalism, safety, and positive role modeling for youth; and

(i) A code of conduct for staff that clearly communicates expectations for ethical and professional behavior, including the expectation for staff to interact with youth in a manner that promotes their emotional and physical safety.

(5) A residential commitment program shall appoint a staff member to serve as the PREA Facility Compliance Manager, whose duties shall include:

(a) Oversight of their designated facility’s implementation and compliance efforts as they relate to PREA standards.

(b) Coordination and communication on a regular basis with the department PREA Coordinator as to the facility’s compliance with PREA standards.

(c) Responsibility for hands-on involvement with auditors conducting reviews at their facility and for developing corrective action plans deemed necessary by the audit report.

(d) Ensuring all PREA training is conducted as required at their facility and that all staff have been properly trained on PREA prior to their interaction with youth at the facility.

(e) Ensuring that youth have access to information regarding PREA, the department’s zero-tolerance policy on sexual misconduct, and that information is readily available to youth if they need to report any incident.

(f) Ensuring confidentiality of reported information and monitoring any retaliation that may happen as a result of a reported incident.

(6) A residential commitment program shall establish a system for fiscal management and control.

(7) 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.

(8) A residential commitment program shall report as follows:

(a) Incident reporting to the department’s Central Communications Center;

(b) Reporting of Protective Action Response (PAR) incidents or use of mechanical restraints pursuant to Chapter 63H-3, F.A.C.;

(c) Reporting required for state-operated programs and programs operated by not-for-profit contracted providers to participate in the USDA National School Lunch and Breakfast Program; and

(d) Reporting of abuse throughout the facility and unhindered access for staff and youth to report abuse to the Department of Children and Family Services central abuse hotline addressed in Chapter 39, F.S., or if the allegedly abused youth is 18 years or older, the department’s Central Communication Center. For purposes of this rule, unhindered access means the program shall allow youth and staff to make the decision to report allegations of abuse without obtaining permission. The program shall provide youth with timely telephone access to report allegations of abuse without intimidation or reprisal. However, if the youth requests telephone access during a scheduled structured activity, the program shall provide access as soon as that activity concludes.

(e) A residential commitment program director shall immediately contact the department’s regional residential director or designee to report the death of any youth residing in the program. The program director shall provide information as needed to enable the department to notify the youth’s parent(s), legal guardian, or supportive person(s).

(9) A residential program director shall establish a system to monitor the program’s bed capacity and the length of stay of youth in placement to ensure all youth are progressing through the program and to target potential problems with any youth’s planned release.

(10) A residential commitment program shall update the Bed Management System in the department’s Juvenile Justice Information System (JJIS) as follows:

(a) Any youth admission, transfer, release or discharge within 24 hours of the event; and

(b) Placement of any youth on inactive status within 48 hours of an escape or admission to a juvenile detention center or jail.

(11) A residential program shall notify the department’s designated regional commitment manager if a youth is placed in a medical or mental health facility for longer than five days.

(12) A residential program shall be reviewed, audited, or investigated as follows:

(a) The department shall conduct performance reviews of each residential commitment program at least annually. These reviews shall determine the program’s compliance with rules adopted by the department and, if applicable, the terms and conditions of the provider’s contract with the department.

(b) The department shall conduct quality assurance reviews of residential commitment programs. Standards and indicators used for this purpose shall be based on provisions of rules adopted by the department and any special provisions outlined in the provider’s contract.

(c) The program shall cooperate with any review or investigation coordinated or conducted by the department’s Office of the Inspector General pursuant to Section 20.055, F.S.

(d) In cases where federal funds are involved, audits may be conducted according to federal requirements.

(e) The program shall conduct an annual self-assessment of trauma responsive practices within the facility. The assessment used shall be developed by the department. The completed self-assessment shall be sent to the applicable Residential Regional Director and the surveys completed by June 30 each year.

(13) 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 every 90-120 days. The program director shall solicit active involvement of interested community partners including, but not limited to representatives from law enforcement, the judiciary, the Florida Scholar’s Academy, 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 Florida Scholar’s Academy to ensure the delivery of quality educational services 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) 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 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.

(14) A residential commitment program shall include information obtained from youth and parent surveys as well as reports published annually by the department in their program planning and assessment process.

(15) A residential commitment program shall maintain a chronological record of events as they occur or, if an event disrupts the safety and security of the program, as soon as is practicable after order has been restored.

(a) The program shall document the following events, incidents and activities in a central logbook maintained at master control, or in living unit logbooks, or both.

Emergency situations;
Incidents, including the use of mechanical restraints;
Special instructions for supervision and monitoring of youth;
Population counts at the beginning and end of each shift and any other population counts conducted during a shift;
Perimeter security checks and other security checks conducted by direct care staff;
Transports away from the facility, including the names of staff and youth involved and the destination;
Requests by law enforcement to access any youth;
Removal of any youth from the mainstream population, such as when a youth is placed on room restriction or controlled observation;
Admissions and releases, including the name, date and time of anticipated arrival or departure, and mode of transportation; and
Information relating to escape or attempted escape incidents.

(b) Each logbook shall be a bound book with numbered pages. Every entry in a logbook shall be considered a permanent record; therefore, under no circumstances shall any logbook entry be obliterated or removed. An error in an entry shall be struck through with a single line and initialed by the person correcting the error.

(c) At a minimum, each logbook entry shall be legible, include the date and time of the event, the names of staff and youth involved, a brief description of the event, the name and signature of the person making the entry, and the date and time of the entry.

(d) The program shall use one of the following methods to ensure that each direct care staff person, including each supervisor, is briefed when coming on duty:

Living Unit Logbook Review. If the program maintains a logbook at each living unit, each incoming staff shall review entries made during the previous two shifts in the logbook maintained in the living unit to which he or she is assigned. The staff shall document his or her review in the logbook, including the date, time and signature.
Shift Report Review. If the program does not maintain a logbook at each living unit, the program shall summarize in a shift report the events, incidents, and activities documented in the program’s central logbook. A program supervisor shall verbally brief incoming staff about the contents of the shift report, or incoming staff shall themselves review the shift report. Each incoming staff shall sign and date the shift report for the previous shift to document that he or she has reviewed or been verbally briefed about its contents. A copy of the shift report shall be maintained at each living unit for at least 48 hours.

(16) A residential commitment program shall establish a records management system that addresses all records maintained by the program including, but not limited to, administrative files, personnel records, fiscal and accounting records, property inventories, and records pertaining to youth.

(a) The program shall maintain an official youth case record for each youth that is comprised of two separate files as follows: An Individual Healthcare Record that contains the youth’s medical, mental health, and substance abuse related information; and an individual management record that contains other pertinent information about the youth. The record’s file tab shall provide the youth’s legal name, DJJ identification number, date of birth, county of residence, and committing offense. The youth’s JJIS face sheet and any JJIS special alerts shall be attached or filed in close proximity to the file tab. An individual management record shall be organized in the following separate sections:

Legal Information;
Demographic and Chronological Information;
Correspondence;
Case Management and Treatment Team Activities; and
Miscellaneous.

(b) The program shall clearly label each official youth case record, individual management record, and Individual Healthcare Record as confidential. All official youth case records shall be secured in a locked file cabinet or a locked room. The program shall clearly identify any file cabinet used to store official youth case records as confidential.

(c) Each residential commitment program shall comply with the records and confidential information provisions pursuant to Section 985.04, F.S.

(d) The program shall transfer youth records when a youth is released, discharged, transferred to another residential commitment program, or placed in a juvenile detention center. Transfer of youth records shall be handled as follows:

Within five working days of a youth’s release or discharge, the program shall transfer the complete official youth case record to the departmental staff or contracted provider assigned to provide the youth’s post-residential services. The program shall transfer the original record unless, due to federal auditing requirements, the program is required to retain any original documents. In this case, the program shall replace the originals required on site with complete copies.
The program shall ensure that the complete official youth case record accompanies a youth transferred to another residential commitment program. The transferring program shall send the original record unless, due to federal auditing requirements, the program is required to retain any original documents. In this case, the program shall replace the originals required onsite with complete copies.
If a youth residing in a residential commitment program is placed in a juvenile detention center, the program shall ensure that the youth’s complete Individual Healthcare Record, either the original record or a copy, accompanies the youth when transported. If the youth is subsequently returned to the residential program, the detention center shall return the complete record at the time the youth is transported back to the program.

History

Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441 FS. History–New 5-30-19, Amended 11-19-25.

Fla. Admin. Code R. 63E-7.109 Facility and Food Services

(1) A residential commitment program is subject to the provisions of Chapter 64E-26, F.A.C.

(2) A residential commitment program must conduct surveillance, screening and management of specific illnesses or potential infectious conditions, including a comprehensive program of education and prevention regarding blood borne pathogens.

(3) A residential commitment program shall establish and implement cleaning schedules, a pest control system, a garbage removal system, and a facility maintenance system that shall include maintenance schedules and timely repairs based on visual and manual inspections of the facility structure, grounds, and equipment, which shall be conducted bi-weekly, monthly, quarterly, semi-annually, yearly, and every three (3) years as prescribed by contract.

(4) The siting of any new facility or structure for a residential commitment program shall be in accordance with applicable statutes and local codes governing new construction, but must include:

(a) Sleeping quarters.

35 square feet of unencumbered space per youth in the sleeping quarters, with at least one dimension of the unencumbered space no less than seven feet. Unencumbered space is defined as usable space that is not encumbered by furnishings or fixtures;
One partition for every four youth in shared sleeping areas; and
A bed, a mattress that meets the national fire safety performance requirements, a pillow, a desk, a chair or stool, and personal storage space for every youth.

(b) 35 square feet per youth for dayroom and multi-purpose room activities;

(d) 56.25 square feet per youth for rooms used for educational purposes, with a classroom size based on a maximum of 16 youth;

(e) Natural and artificial light to accommodate daily activities of the program;

(f) Heating and air conditioning equipment with the capacity to maintain indoor temperatures between 68 and 75 degrees Fahrenheit;

(g) Space to accommodate dining, individual counseling, group meetings and other activities involving youth and staff that are integral to the program design; and

(h) A closed-circuit television system that includes but is not limited to, a color digital recording device. Programs with 15 beds or more must have a minimum of 16 camera inputs. All equipment must be surge protected and have a universal surge protector backup and be connected to an emergency power supply.

(5) A residential commitment program shall not make any renovations or modifications to a facility owned by the department, including exterior features such as lighting, fencing and the sally port, without written permission from the department.

(6) A state-operated residential commitment program or a contracted residential commitment program that is classified as not-for-profit shall initiate each newly admitted youth’s eligibility for participation in the National School Lunch and Breakfast Program.

(7) A residential commitment program shall use a cycle menu that is reviewed and approved by a dietitian licensed pursuant to Chapter 468, F.S. The program shall provide each youth with at least three nutritionally balanced meals and one nutritional snack per day and shall:

(a) Serve at least two of the meals hot;

(b) Provide youth special diets when prescribed for health reasons or when dictated by religious beliefs; and

History

Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441 FS. History–New 5-30-19, Amended 11-19-25.

Chapter 63E-8 Operation of Expedition Programs

Fla. Admin. Code R. 63E-8.001 Purpose and Scope

History

Rulemaking Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New 5-18-09, Repealed 10-26-15.

Fla. Admin. Code R. 63E-8.002 Definitions

History

Rulemaking Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New 5-18-09, Repealed 10-26-15.

Fla. Admin. Code R. 63E-8.003 Youth Admissions

History

Rulemaking Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New 5-18-09, Repealed 10-26-15.

Fla. Admin. Code R. 63E-8.004 Youth Intake

History

Rulemaking Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New 5-18-09, Repealed 10-26-15.

Fla. Admin. Code R. 63E-8.005 Youth Orientation

History

Rulemaking Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New 5-18-09, Repealed 10-26-15.

Fla. Admin. Code R. 63E-8.006 Quality of Life and Youth Grievance Process

History

Rulemaking Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New 5-18-09, Repealed 10-26-15.

Fla. Admin. Code R. 63E-8.007 Youth Hygiene and Dress Code

History

Rulemaking Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New 5-18-09, Repealed 10-26-15.

Fla. Admin. Code R. 63E-8.008 Facility and Food Services

History

Rulemaking Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New 5-18-09, Repealed 10-26-15.

Fla. Admin. Code R. 63E-8.009 Behavior Management

History

Rulemaking Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New 5-18-09, Repealed 10-26-15.

Fla. Admin. Code R. 63E-8.010 Residential Case Management

History

Rulemaking Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New 5-18-09, Repealed 10-26-15.

Fla. Admin. Code R. 63E-8.011 Delinquency Intervention and Treatment Services

History

Rulemaking Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New 5-18-09, Repealed 10-26-15.

Fla. Admin. Code R. 63E-8.012 Transfer, Release and Discharge

History

Rulemaking Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New 5-18-09, Repealed 10-26-15.

Fla. Admin. Code R. 63E-8.013 Safety and Security

History

Rulemaking Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New 5-18-09, Repealed 10-26-15.

Fla. Admin. Code R. 63E-8.014 Staff Training

History

Rulemaking Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New 5-18-09, Repealed 10-26-15.

Fla. Admin. Code R. 63E-8.015 Program Administration

History

Rulemaking Authority 985.64 FS. Law Implemented 985.03, 985.441, 985.601(3)(a) FS. History–New 5-18-09, Repealed 10-26-15.

Division 63H Staff Training

Chapter 63H-1 BASIC CURRICULA

Fla. Admin. Code R. 63H-1.001 Purpose and Scope

History

Rulemaking Authority 985.64, 985.645 FS. Law Implemented 985.645 FS. History–New 11-19-06, Amended 1-13-09, 7-5-11, Repealed 3-6-22.

Fla. Admin. Code R. 63H-1.002 Definitions

History

Rulemaking Authority 985.64, 985.645 FS. Law Implemented 985.645 FS. History–New 11-19-06, Amended 3-4-07, 1-13-09, 7-5-11, Repealed 3-6-22.

Fla. Admin. Code R. 63H-1.003 Authorized Levels of Response

History

Rulemaking Authority 985.405, 985.4055 FS. Law Implemented 985.4055(2)(a) FS. History–New 11-19-06, Amended 1-13-09, Repealed 3-6-22.

Fla. Admin. Code R. 63H-1.004 Authorized Techniques

History

Rulemaking Authority 985.64, 985.645 FS. Law Implemented 985.645(2)(a) FS. History–New 11-19-06, Amended 3-4-07, 7-5-11, Repealed 3-6-22.

Fla. Admin. Code R. 63H-1.005 Authorized Mechanical Restraints

History

Rulemaking Authority 985.64, 985.645 FS. Law Implemented 985.645(2)(a), 944.241 FS. History–New 11-19-06, Amended 1-2-13, Repealed 3-6-22.

Fla. Admin. Code R. 63H-1.006 Supervision of Youth in Mechanical Restraints

History

Rulemaking Authority 985.64, 985.645 FS. Law Implemented 985.645(2)(a) FS. History–New 11-19-06, Amended 7-5-11, Repealed 3-6-22.

Fla. Admin. Code R. 63H-1.007 Documentation and Retention of Records

History

Rulemaking Authority 985.405, 985.4055 FS. Law Implemented 985.4055(2)(a) FS. History–New 11-19-06, Repealed 3-6-22.

Fla. Admin. Code R. 63H-1.008 Medical Requirements for Training

History

Rulemaking Authority 985.405, 985.4055 FS. Law Implemented 985.4055(2)(b) FS. History–New 11-19-06, Repealed 3-6-22.

Fla. Admin. Code R. 63H-1.009 Certification

History

Rulemaking Authority 985.405, 985.4055 FS. Law Implemented 985.4055(2)(b), (e) FS. History–New 11-19-06, Repealed 3-6-22.

Fla. Admin. Code R. 63H-1.010 Cross-Over Training

History

Rulemaking Authority 985.64, 985.645 FS. Law Implemented 985.645(2)(b) FS. History–New 11-19-06, Amended 7-5-11, Repealed 3-6-22.

Fla. Admin. Code R. 63H-1.011 Rehired Employee Training

History

Rulemaking Authority 985.64, 985.645 FS. Law Implemented 985.645(2)(b) FS. History–New 11-19-06, Amended 1-13-09, 7-5-11, Repealed 3-6-22.

Fla. Admin. Code R. 63H-1.012 Annual Training Requirement

History

Rulemaking Authority 985.405, 985.4055 FS. Law Implemented 985.4055(2)(b) FS. History–New 11-19-06, Repealed 3-6-22.

Fla. Admin. Code R. 63H-1.013 Testing Requirements

History

Rulemaking Authority 985.64, 985.645 FS. Law Implemented 985.645(2)(b) FS. History–New 11-19-06, Amended 7-5-11, Repealed 3-6-22.

Fla. Admin. Code R. 63H-1.014 Training Instructor Qualifications

History

Rulemaking Authority 985.64, 985.645 FS. Law Implemented 985.645(2)(c) FS. History–New 11-19-06, Amended 8-4-09, 7-5-11, Repealed 3-6-22.

Fla. Admin. Code R. 63H-1.015 Training Instructor Certification Renewal

History

Rulemaking Authority 985.405, 985.4055 FS. Law Implemented 985.4055(2)(c) FS. History–New 11-19-06, Repealed 3-6-22.

Fla. Admin. Code R. 63H-1.016 Law Enforcement, County, and Municipally Operated Facilities and Partnerships

History

Rulemaking Authority 985.64, 985.645 FS. Law Implemented 985.645(2)(d) FS. History–New 11-19-06, Amended 7-5-11, Repealed 3-6-22.

Chapter 63H-2 DIRECT-CARE STAFF TRAINING

Fla. Admin. Code R. 63H-2.001 Purpose and Scope

History

Rulemaking Authority 20.316(1), 985.601(8) FS. Law Implemented 985.02(3)(c), 985.601(8) FS. History–New 6-11-07, Amended 4-5-11, Repealed 3-6-22.

Fla. Admin. Code R. 63H-2.002 Definitions

History

Rulemaking Authority 20.316(1), 985.601(8) FS. Law Implemented 985.02(3)(c), 985.601(8) FS. History–New 6-11-07, Amended 4-5-11, Repealed 3-6-22.

Fla. Admin. Code R. 63H-2.003 Contracted Residential Staff

History

Rulemaking Authority 20.316(1), 985.601(8) FS. Law Implemented 985.601(8) FS. History–New 6-11-07, Amended 9-30-07, 5-15-08, Repealed 3-6-22.

Fla. Admin. Code R. 63H-2.004 Contracted Non-Residential Staff

History

Rulemaking Authority 20.316(1), 985.601(8) FS. Law Implemented 985.601(8) FS. History–New 6-11-07, Amended 5-15-08, Repealed 3-6-22.

Fla. Admin. Code R. 63H-2.005 State Residential Staff

History

Rulemaking Authority 20.316(1), 985.601(8) FS. Law Implemented 985.601(8) FS. History–New 6-11-07, Amended 5-15-08, 8-4-09, Repealed 3-6-22.

Fla. Admin. Code R. 63H-2.006 State Non-Residential Staff

History

Rulemaking Authority 20.316(1), 985.601(8) FS. Law Implemented 985.601(8) FS. History–New 6-11-07, Amended 5-15-08, 8-4-09, Repealed 3-6-22.

Fla. Admin. Code R. 63H-2.007 Detention Staff

History

Rulemaking Authority 20.316(1), 985.601(8) FS. Law Implemented 985.02(3)(c), 985.601(8), (9)(b) FS. History–New 6-11-07, Amended 8-4-09, Repealed 3-6-22.

Fla. Admin. Code R. 63H-2.0075 County Operated Detention

History

Rulemaking Authority 20.316(1), 985.601(8) FS. Law Implemented 985.601(8) FS. History–New 4-5-11, Repealed 3-6-22.

Fla. Admin. Code R. 63H-2.008 Instructor Qualifications

History

Rulemaking Authority 20.316(1), 985.601(8) FS. Law Implemented 985.02(3)(c), 985.601(8) FS. History–New 6-11-07, Amended 4-5-11, Repealed 3-6-22.

Chapter 63H-3 STAFF TRAINING

Fla. Admin. Code R. 63H-3.001 Definitions

(1) Academy: A department-approved virtual or physical training site where the second phase of certification training is provided by the Office of Talent, Leadership, and Culture.

(2) Academy Training: The coursework required of state detention and probation direct care staff that prepares them for certification.

(3) Adjunct Instructor: An instructor who has successfully completed the adjunct instructor course for a specific course or courses.

(4) Administrator: One whose primary responsibility is overseeing the daily operations of a facility, program, or judicial circuit.

(5) Advanced and Specialized: Professional development coursework that exceeds annual training requirements designed to enhance both individual and team skill sets.

(6) Central Communications Center (CCC): The unit located in department headquarters and within the Incident Operations Center (IOC) charged with receiving reports regarding incidents and events involving youth in department custody or under supervision and state and contracted employees from all department and provider facilities, programs funded in whole or in part, and offices or sites operated by the department, a provider, or grantee.

(7) Certification: The official process documenting that a direct care staff has fulfilled a minimum standard level of competency as indicated by the successful completion of Direct Care Pre-Service (DCPS) and Academy training for state direct care staff and Right Interactions (RI) Training for all state and provider direct care staff, to include all exams.

(8) Certified Staff: A designation given to direct care staff and administrators after the successful completion of a certification exam.

(9) Community-Based Program: A contracted or state-operated non-residential environment providing supervision of youth who have been identified to receive services within the community. This includes, but is not limited to, probation, supervised release, juvenile assessment centers, diversion programs, community-based conditional release programs, and screening and intake units. This does not include prevention programs.

(10) Continuing Education Credits (CEC) – Credit earned for approved training or educational activities that may be applied toward continuing education requirements.

(11) Detention Services: The branch within the department that oversees the secure facilities utilized for youth who are held pursuant to a court order or have been taken into custody for a violation of the law and when less restrictive interim placement alternatives prior to adjudication and disposition are not appropriate.

(12) Detention Staff: Staff assigned to work at a state-operated secure juvenile detention center.

(13) Direct Care Pre-Service Training: The coursework required of all state and provider direct care staff within 180 days of hire.

(14) Direct Care Staff: Staff having direct contact with youth for the purpose of providing supervision, custody, or control in a detention center, community-based program, probation unit, day treatment program, or residential commitment program within any restrictiveness level operated by the department or by a provider under contract with the department. Direct care staff does not include a licensed medical professional, mental health counselor, substance abuse counselor, or social services counselor whose primary responsibilities are to provide treatment to youth in a detention facility, delinquency program, or commitment program within any restrictiveness level which is operated by the department or by a provider under contract with the department.

(15) Facility: A contracted, state-, county-, or municipally operated secure environment that provides custody, care, supervision, or confinement of youth alleged or found to have committed a violation of law. This includes, but is not limited to, secure detention, law enforcement operated facilities, residential commitment programs, and day treatment programs.

(16) Field Training Officer (FTO): An employee who has successfully completed the Field Training Officer course.

(17) Hard Mechanical Restraints: Restraint devices constructed from inflexible material; for example, metal handcuffs, leg cuffs, and waist chains.

(18) In-Service Training: The on-going training that employees are required to receive in all but the first calendar year of their employment. The training shall be documented and relevant to the employee’s job responsibilities as set out in this rule.

(19) Instructor: An individual who has successfully completed Instructor Techniques or has received an exemption for a specific course from the Director of the Office of Talent, Leadership, and Culture.

(20) Instructor Techniques (IT): The 64-hour Instructor Techniques course.

(21) Lead Master Right Interactions (RI) Instructor: An advanced, qualified Master RI Instructor whose position reports directly to the Office of Talent, Leadership, and Culture and can certify RI Instructors.

(22) Maintenance of Officer Certification - The process by which state detention and probation direct care staff members, state facility administrators, and state circuit administrators maintain active certification status.

(23) Master RI Instructor: An advanced, qualified instructor who assists and monitors RI Instructors in maintaining quality delivery of RI training and assists in the monitoring of the RI program.

(24) Medical Review: The review conducted by a licensed medical health professional after a RI physical intervention to determine if injuries or complications occurred as a result of the physical intervention or application of mechanical restraints and if the youth requires further medical treatment.

(25) Office of Talent, Leadership, and Culture: The office within the department that designates the number and location of the training programs and courses; develops, implements, evaluates, and updates the curriculum to be used in the training of juvenile justice staff; establishes timeframes for participation in and completion of training; develops, implements, scores, analyzes, maintains, and updates job-related examinations; manages the budget and contracts for all the training deliverables; and establishes uniform minimum job-related pre-service and in-service training courses and examinations for juvenile justice staff.

(26) On-the-Job Training: Training on a specific and specialized task required of the staff member’s position conducted by an FTO, certified officer, or a support staff as designated by their supervisor.

(27) Pre-Operational: The period of time from when a contract is initiated until the delivery of services commences.

(28) Pre-Service Training: The initial training for newly hired non-direct care state employees.

(29) Prevention Services: An office of the department that offers voluntary youth crime prevention programs throughout the state of Florida.

(30) Probation and Community Intervention: A branch of the department that offers assessment and intervention services provided to youth who are court-ordered to community supervision after the court has determined that the youth committed a delinquent act.

(31) Protective Action Response: The department’s verbal and physical intervention program utilized by direct care staff in contracted, state-, county-, or municipally operated facilities and programs as defined in section 985.645, F.S.

(32) Remediation: The training provided to a staff member after an unsuccessful attempt to demonstrate competency in a subject.

(33) Residential Services: The branch within the department that oversees residential commitment programs, provides services through contracted providers, facilitates training and technical assistance for providers, and provides placement and classification services for youth adjudicated to commitment.

(34) Returning Staff: Trained (provider) or certified (state) direct care staff who have separated from employment and are re-hired into the same position type.

(35) Right Interactions: The department approved Protective Action Response curriculum.

(36) Right Interactions Escalation Matrix: The matrix that governs the level of response an employee may apply to a youth’s type of resistance.

(37) Right Interactions Training Plan: The form used to identify the specific techniques that employees shall be trained to use. The techniques identified on the plan are the only techniques employees shall be trained on and authorized to use.

(38) SkillPro: The department’s on-line learning management system.

(39) Soft Mechanical Restraints: Restraint devices that are made with flexible materials; for example, Velcro, nylon flex cuffs (also known as zip cuffs), and leather.

(40) State Circuit Administrators: Individuals in the position titles of Chief Probation Officer and Assistant Chief Probation Officer within Probation Services.

(41) State Facility Administrators: Individuals in the position titles of Detention Center Superintendent and Detention Center Assistant Superintendent within Detention Services.

(42) Supervisor: The individual responsible for the direct oversight of an employee and whose duties include but are not limited to scheduling, coaching, and completion of performance evaluations.

(43) Support Staff: Any state or provider staff that are not direct care.

(44) Taser: Any mechanism that is designed to emit or project an electronic, magnetic, or other type of charge or shock for the purpose of temporarily incapacitating a person.

(45) Training Coordinator: The individual designated to oversee and track the training of employees in a specific facility, program, or office.

(46) Training Entity: The Office of Talent, Leadership, and Culture.

(47) Training Roster: A document that identifies the title, hours, date, and signatures of all participants and the instructor of a course.

History

Rulemaking Authority 986.601, 985.64, 985.645 FS. Law Implemented 985.601(8), 985.645 FS. History–New 3-6-22, Amended 8-3-23, 9-25-25, 6-23-26.

Fla. Admin. Code R. 63H-3.002 Direct Care Pre-Service and Pre-Operational Training for State and Contracted Direct Care Staff

(1) Direct Care Pre-Service (DCPS) Training shall be a minimum of 120 hours and be conducted at the workplace. DCPS Training shall consist of all web-based and instructor-led topics, exams, and all on-the-job training. State direct care staff, state circuit administrators, state facility administrators and contracted direct care staff shall successfully complete the following topics within 180 calendar days of hire. State circuit administrators are exempt from Right Interactions certification. Probation direct care staff and state circuit administrators are exempt from the Defending Against Contraband training requirement.

(a) Direct care staff shall not be in the presence of youth until the first eight topics below are successfully completed:

Child Abuse Recognition, Reporting, and Prevention,
CPR/First Aid/Automatic Electronic Defibrillator (AED). All CPR/First Aid/AED training must be Occupational Safety and Health Administration (OSHA) accredited. AED training is only required at sites that have AEDs on property,
Emergency Procedures,
Facility or Program Operating Procedures,
Prison Rape Elimination Act (PREA),
Professionalism, Interpersonal Communication, and Ethics to include Standards of Conduct,
Right Interactions certified,
Suicide Awareness and Prevention,
Active Shooter Training,
Adolescent Development and Behavior,
Rehabilitative Justice,
Central Communications Center Incident Reporting,
Civil Rights,
Communication,
Confidentiality/Health Insurance Portability and Accountability Act (HIPAA),
Defending Against Contraband,
DJJ Legacy,
Equal Employment Opportunity,
Gang Awareness,
Human Trafficking Intervention,
Infection Control/Bloodborne Pathogens,
Information Security Awareness,
Juvenile Justice Information Systems,
Mental Health and Substance Abuse,
Motivational Interviewing (MI),
Report Writing,
Safety, Security, and Supervision of Youth,
Sexual Harassment Training,
Trauma Responsive Practices,
Quality Customer Service.

(b) Upon successful completion of the first eight topics, the newly hired direct care staff may be in the presence of youth while the remaining topics are completed, as long as they are under the direct supervision of a certified (state) or trained (provider) staff. The sole exception allowing a direct care staff to have unsupervised contact with youth applies only to employees in the Juvenile Probation Officer (JPO) class or contracted Probation and Community Intervention direct care staff.

JPOs and Probation contracted direct care staff are authorized to be in the presence of youth under the direct supervision of a certified (state) or trained (provider) team member beginning on the first day of employment.
Newly hired JPOs and Probation contracted direct care staff may begin to have unsupervised contact with youth to assist with conducting and documenting contacts, including face-to-face contacts, with youth in settings such as a detention center, adult jail, school, after-school program, or community worksite, or day treatment center or when a JPO is job-shadowing a certified JPO for the sole purpose of the observation of job duties. This exception is further limited as follows:

a. The staff must have successfully completed the first eight topics,

b. The staff must have been employed with the department a minimum of 30 days, and

c. The staff is only authorized to relay information to and from the assigned JPO.

d. Under no circumstances is a newly hired, uncertified JPO or untrained contracted team member authorized to accept the official assignment of a case or to oversee a caseload.

(c) In the event staffing issues identify a need for additional support at a state-operated secure detention facility, and upon a mutually agreed upon determination by the Assistant Secretaries for the Office of Detention Services and the Office of Probation and Community Intervention, certified JPOs may provide direct care support in a secure detention facility. In order for a JPO to be considered for this temporary support, the following conditions must be met:

The JPO must be in good standing and receive the approval of their supervisor.
The JPO must understand that the support must not supersede or impact their primary daily responsibilities as a JPO.
The JPO must be assigned to work with a certified officer when in direct contact with youth and shall not be assigned the oversight of a detention trainee. The sole exception to this is when the JPO was previously certified as a Juvenile Detention Officer (JDO) and all required training is current.
Unless the training has been successfully completed within the calendar year, the JPO must complete the following training before providing direct care to a youth in a secure detention facility:

a. Right Interactions: Successful completion of the content delivered in the facility-based portion of the RI training that is not included in the community-based portion of the RI training. Successful completion shall include the delivery of content and the performance evaluation of the techniques on the facility-based RI training plan that are not included in the community-based RI training plan.

b. Behavior Management,

c. Safety, Security, and Supervision of Youth,

d. Suicide Awareness and Prevention – Detention Specific,

e. Unit Log,

f. Facility Operating Procedures.

(d) All state and provider direct care staff shall adhere to all applicable training requirements set forth in Chapter 63M-2, F.A.C. Health Services and Chapter 63N-1, F.A.C. Service Delivery.

(e) The 180-day timeframe for completion of training requirements may be extended up to 90 days upon request sent by a Regional Director. The Regional Director shall forward the request to the Training Entity, who is authorized to grant the extension based on the following:

Death of an immediate family member,
Serious chronic condition, illness, or injury,
Immediate family crisis,
Court appearance,
Military duty,
Family Medical Leave; or
Other emergency or unforeseen circumstances.

(f) In the event of a state or national emergency, the Secretary of the department, by issuance of a memorandum, may temporarily freeze all training. The timeframe of the freeze shall toll the mandated number of days required to satisfactorily complete training requirements identified within this rule.

(g) All training requirements for Prevention Services contracted employees and Probation and Community Intervention contracted employees shall be identified in contract. The Assistant Secretary for each area shall determine the required training based on the population for whom they are assigned responsibility in each individual contract to ensure the employees are well trained. The Assistant Secretary for Probation and Community Intervention shall determine the required training for state Juvenile Probation Officers who do not carry a caseload and whose sole duty is to conduct detention screenings.

(2) Supervisor Training:

(a) All newly hired direct care supervisors shall complete a minimum of 16 hours of supervisory training within 90 days of employment.

(b) The coursework shall include the following topics:

Coaching,
Leadership,
Personal Accountability.

(3) Pre-Operational Training for Contracted Residential Direct Care Staff.

(a) In the event a new contract is executed and the provider has no previous experience with the department or does not have the capacity to maintain supervision ratios identified in contract by trained staff, all topics in paragraph 63H-3.002(1)(a), F.A.C., shall be successfully completed prior to providing any services to youth.

(b) Once sufficient staff have completed the training in (3)(a) above so that minimum staffing ratios are met, additional newly hired direct care staff, upon successful completion of the first eight topics, may be in the presence of youth while the remaining courses are competed, as long as they are under the direct supervision of a fully trained staff.

Child Abuse Recognition, Reporting, and Prevention,
CPR/First Aid certified,
Emergency Procedures,
Facility or Program Operating Procedures,
RI certified,
PREA,
Professionalism, Interpersonal Communication, and Ethics to include Standards of Conduct,
Suicide Awareness and Prevention.

History

Rulemaking Authority 985.601, 985.645 FS. Law Implemented 985.02(3), 985.601, 985.645 FS. History–New 3-6-22, Amended 8-3-23, 9-25-25, 6-23-26.

Fla. Admin. Code R. 63H-3.003 Academy Certification Training for State Detention and Probation Direct Care Staff

(1) In addition to the training requirements in Rule 63H-3.002, F.A.C., all state detention and probation direct care staff, facility administrators, and circuit administrators shall complete Academy training within 180 calendar days of hire. Academy training shall be a minimum of 120 hours for detention direct care staff and facility administrators. Academy training shall be a minimum of 160 hours for probation direct care staff and circuit administrators. Academy training shall be conducted at an academy. The coursework shall be designed to enhance knowledge, skills, and abilities related to job performance. A certification exam will be administered at the end of the Academy training.

(2) Certification testing requirements for certification are as follows:

(a) A passing score of at least 75 percent on all web-based courses.

(b) Successful completion of RI testing and evaluation requirements as outlined in this rule. State circuit administrators are exempt from Right Interactions certification.

(d) A minimum score of 75 percent on the certification examination.

Staff may be given up to three attempts to pass the certification examination within the 180-day timeframe.
Staff failing the certification examination are required to attend remediation, which must be documented in the department’s learning management system, SkillPro.
Staff shall adhere to the following schedule for second and third attempts to pass the certification examination.

a. The second attempt shall occur no less than seven (7) calendar days after, and no more than 45 calendar days after, the first attempt.

b. The third attempt shall occur no less than 14 calendar days after, and no more than 45 calendar days after, the second attempt.

c. If after the third attempt or after 180 calendars days of employment, whichever occurs first, the staff member has not successfully completed the requirements for certification, they shall be recommended for termination from their position. The staff member shall not be considered direct care staff and can no longer have contact with youth for the purposes of supervision, custody, or control. The staff shall not be considered for re-employment to the same job class for at least one year from the date of separation.

(3) Maintenance of Officer Certification is achieved through the completion of a minimum of 40 hours of continuing education credits (CECs) within each four-year cycle following the initial certification.

(a) An officer certification will be rendered inactive and expired upon failure to complete the required CECs and documentation submission on or before June 30th of the fourth year.

(b) Officers with inactive or expired certifications can no longer have contact with youth for the purposes of supervision, custody, or control until certification is reestablished.

(c) The Office of Talent, Leadership, and Culture shall administer and maintain records of continuing education compliance in accordance with this rule.

History

Rulemaking Authority 985.601, 985.645 FS. Law Implemented 985.02(3), 985.601, 985.645 FS. History–New 3-6-22, Amended 8-3-23, 9-25-25, 6-23-26.

Fla. Admin. Code R. 63H-3.004 Pre-Service Training for State Support Staff

(1) All department employees shall complete the following training within 30 calendar days of the date of hire:

(a) New Employee Orientation.

(b) PREA.

(2) All department employees shall complete the following training within 90 calendar days of the date of hire:

(a) Active Shooter Training.

(b) CCC Incident Reporting.

(d) Quality Customer Service.

(e) DJJ Safety Training.

(f) Equal Employment Opportunity.

(g) HIPAA.

(h) Human Trafficking Intervention.

(i) Information Security Awareness.

(j) Open Government.

(k) Purchasing Card (P-Card) (minimum of one hour; required only for those employees who are issued a P-card).

(l) Sexual Harassment Training.

(m) Trauma Responsive Practices.

(3) Supervisor Training: All newly hired supervisors shall complete a minimum of 16 hours of supervisory training within 90 days of employment, which coursework shall include the following topics:

(a) Coaching;

(b) Leadership;

History

Rulemaking Authority 985.601, 985.64 FS. Law Implemented 20.316(1), 985.02(3) FS. History–New 3-6-22, Amended 8-3-23, 9-25-25.

Fla. Admin. Code R. 63H-3.005 Annual In-Service Training

(1) All state and contracted direct care staff shall successfully complete, at a minimum, 24 hours of in-service training requirements each calendar year, beginning the calendar year after the completion of certification (state) and training (provider).

(a) The required topics, web-based and instructor led, are as follows:

Active Shooter Training,
CPR/First Aid/AED annual demonstration of skill competency is required. Application for re-certification does not need to be submitted to the certifying authority in non-certification renewal years.
Human Trafficking Intervention (every other year),
Information Security Awareness,
Mental Health and Substance Abuse,
PREA (every other year),
RI Update,
Professionalism, Interpersonal Communication, and Ethics including Standards of Conduct,
Sexual Harassment Training (every other year),
Suicide Awareness and Prevention,
Trauma Responsive Practices.
CCC Incident Reporting.
Quality Customer Service.

(b) In addition to the required 24 hours of in-service training, supervisory direct care staff shall complete, at a minimum, an additional 8 hours of training in the areas of coaching, leadership, or personal accountability each calendar year.

(c) Medication administration/delivery curriculum shall be approved by the Office of Health Services (OHS) and shall be limited to staff delegation under Chapter 64B9-14, F.A.C.

(2) All department support staff shall successfully complete, at a minimum, 8 hours of in-service training each calendar year after the year of hire.

(a) The required topics, web-based and instructor-led, shall include:

Active Shooter Training,
DJJ Safety Training,
Information Security Awareness,
PREA (every other year),
Professionalism, Interpersonal Communication, and Ethics including Standards of Conduct,
Quality Customer Service,
Sexual Harassment Training (every other year),
Trauma Responsive Practices,
CCC Incident Reporting.

(b) In addition to the required 24 hours of in-service training, supervisory department support staff shall complete, at a minimum, an additional 8 hours of training in the areas of coaching, leadership, or personal accountability each calendar year.

History

Rulemaking Authority 985.601, 985.645 FS. Law Implemented 985.02(3), 985.601, 985.645 FS. History–New 3-6-22, Amended 8-3-23, 9-25-25.

Fla. Admin. Code R. 63H-3.006 Instructor Qualifications, Documentation, Training Plans, Course Hours, and Returning Staff

(1) Instructor Qualifications.

(a) The Office of Talent, Leadership, and Culture shall develop prerequisite criteria for the instructor techniques course. The Office of Talent, Leadership, and Culture shall develop prerequisite and renewal requirements for all train-the-trainer courses. Criteria to become an instructor must at minimum address the candidate’s length of service and disciplinary record.

(b) All instructors must have successfully completed the Instructor Techniques course prior to the delivery of training, with the following exceptions:

FTOs that provide on-the-job training to newly hired staff,
Support staff who are designated by their supervisor to provide training to a staff member that is a specific and specialized skill of a support staff member’s position and is not a topic identified in Chapter 63H-3, F.A.C.

(c) Any individual who is not IT trained and who seeks authorization to instruct a course related to a specific certification, licensure or training must submit for approval a completed Instructor Exemption form to the Director of Talent, Leadership, and Culture through their respective administrator for each training topic delivered. The Instructor Exemption Form (TLC 001, April 2023) is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-15377.

(d) Failure of the Instructor Techniques course will require the student to retake the entire course.

(e) Instructors may receive hour for hour credit for any course they deliver towards their annual in-service training hours.

(f) Only certified CPR/AED/First Aid instructors shall conduct CPR/AED/First Aid training.

(2) Training Plans for Direct Care Staff.

(a) Each facility, program area, circuit, or unit shall create and maintain an annual training calendar or plan that identifies all direct care staff training identified in this rule and any additional training required in awarded contracts. The calendar or plan shall include course descriptions and credited hours. The final training plan must be reviewed and approved by the Assistant Secretary of the program area and the Director of Talent, Leadership, and Culture.

(b) Training calendars or plans shall be completed prior to implementation and shall be maintained at the facility, program, or unit, and must be approved by the highest-ranking official at the location.

(3) Course Topic Hours.

(a) Curricula are competency-based, meaning the curriculum uses specific objectives and performance-based learning to achieve performance standards, in lieu of established contact hours in a delivery format that ensures the training school delivers all curriculum materials.

(b) Under the direction of the Training Entity, training sites and instructors have the flexibility to redistribute topic hours in areas where greater emphasis is needed. Additionally, with the written approval of the Training Entity, additional learning aids may be used to enhance instruction of the learning goals and objectives.

(c) Sworn law enforcement officers may be exempt from certain topics required of direct care staff if the objectives of the course required by the Criminal Justice Standards and Training Commission align with department course objectives. The Training Entity or their designee shall be responsible for the determination of all exemptions.

(d) All individual staff training hours shall be documented in the SkillPro learning management system.

(4) Returning State Direct Care Staff, State Facility Administrators, and State Circuit Administrators.

(a) Certification expiration is governed by the original certification expiration date and completion of continuing education credits with the required timeframe. Certification expiration is not extended or paused due to separation from employment.

(b) A returning staff whose certification is active at the time of rehire may perform direct care duties only if all required annual update requirements are met.

(c) A returning staff whose certification is active, but who is not current on required annual update requirements, shall not have contact with youth for the purposes of supervision, custody, or control until all required updates are completed.

(d) A returning staff whose certification has expired shall be subject to reinstatement requirements based on the length of time since certification expiration, as follows:

Staff whose certification expired less than two (2) years prior to rehire shall complete all CECs and required training within 180 days of rehire. Staff shall not have contact with youth for the purposes of supervision, custody, or control until all required updates are completed.
Staff whose certification expired two (2) years or more prior to rehire shall complete the academy requirements in Rules 63H-3.002 and 63H-3.003, F.A.C.

(5) Returning Contracted Direct Care Staff and Support Staff

(a) Returning contracted direct care and support staff who return less than two years from separation shall complete all annual update requirements for training set forth in this rule.

(b) Returning contracted direct care and support staff who return two or more years from separation shall complete all certification and training requirements in this rule.

History

Rulemaking Authority 985.601, 985.645 FS. Law Implemented 985.02(3), 985.601, 985.645 FS. History–New 3-6-22, Amended 8-3-23, 9-25-25, 6-23-26.

Fla. Admin. Code R. 63H-3.007 Protective Action Response

(1) Authorized Levels of Response.

(a) Protective Action Response, as authorized by the department, shall be the verbal and physical intervention program utilized by direct care staff in state-, county-, or municipally operated and contracted facilities and programs.

(b) Right Interactions (RI) is the department approved Protective Action Response curriculum.

(c) Prior authorization for the use of physical intervention techniques and mechanical restraints shall be obtained from the supervisor or acting supervisor unless doing so could result in physical harm to the youth, employee, or another person; property damage; or the youth escaping or absconding from lawful supervision.

(d) All responses shall be commensurate with the youth’s type of resistance according to the RI Escalation Matrix and this rule.

(e) Responses shall only be used when reasonably necessary to control youth and only after all reasonable alternatives have been exhausted, including verbal persuasion, warnings, and verbal intervention techniques, or when the alternatives are considered inappropriate due to the rapid escalation of dangerous behavior.

(f) In the event a youth is armed with a weapon or firearm, all attempts to reasonably diffuse the situation through the application of the RI Escalation Matrix have failed, and staff has determined there is imminent danger of bodily harm or death, facility- and community-based program employees shall, if possible, isolate or contain the youth and request emergency assistance from law enforcement. The Right Interactions Escalation Matrix (TLC 003, April 2023) is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-15379.

(g) If the youth is in the process of inflicting grave bodily harm or possible death upon others or self and all attempts to reasonably diffuse the situation have failed, facility- and community-based program staff shall immediately contact law enforcement. Employees are authorized to use reasonable and necessary means to stabilize the situation.

(h) The use of aerosol or chemical agents, including but not limited to, oleoresin capsicum spray or ammonia capsules, on a youth unless required for medical treatment of the youth by a licensed medical professional is prohibited.

(i) The use of tasers is prohibited.

(2) Authorized Techniques.

(a) Administrators shall submit a new RI Training Plan to the Director of Talent, Leadership, and Culture or designee through the department’s Regional Director or designee, and thereafter notice of any change to this plan shall be submitted as described above within 30 calendar days of the change’s effective date. Newly contracted, county- or municipally operated facilities shall submit their RI Training Plan as described above no less than 30 calendar days prior to becoming operational. The Right Interactions Training Plan (TLC 007, April 2023) is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-15383.

(b) RI instructors shall only train employees on the techniques identified on the approved training plan for the facility- or community-based program for which they are training.

(3) Authorized Mechanical Restraints.

(a) The department authorizes mechanical restraints designed and manufactured for the specific purpose of secure transport or restraint.

(b) Authorized mechanical restraints to be used within a facility are as follows: handcuffs, leg cuffs, restraint belt, soft restraints, and waist chains.

(c) There are two authorized methods to use when handcuffing a youth: hands in front of the youth, and hands behind the youth’s back.

(d) All secure facilities shall use mechanical restraints to transport youth. All moderate-risk programs shall use mechanical restraints to transport any youth who has been assessed and determined to be a security risk or risk to self and others and has demonstrated that they cannot be transported by less restrictive methods. Leg cuffs and front handcuffing shall be used to transport such youth.

(e) Prohibited use of mechanical restraints includes the use of neck restraints, a restraint chair, securing of youth to a fixed object, and securing of a youth’s legs and hands together behind the back.

(f) No more than two youth may be chained or handcuffed together.

(g) A youth’s legs and hands may be secured together in the front with the use of waist chains or a restraint belt, in which case the length of the chain securing the youth’s legs and hands together shall not prohibit the youth from standing in a full upright position.

(h) If handcuffs are used on pregnant youth, they shall be cuffed in front. Leg cuffs, waist chains, soft restraints, and the restraint belt shall not be used on pregnant youth. Restraints may not be used on a youth during labor, delivery, or during postpartum recovery. For purposes of this paragraph, “postpartum recovery” shall include the period immediately following delivery, including the recovery period when a youth is in the hospital or infirmary, up to 24 hours after delivery, unless the physician after consultation with the department recommends a longer period of time.

(i) Except as provided herein, during transports, all violent and escape risk youth shall be handcuffed with their hands in front with the use of a restraint belt or waist chains or the hands shall be cuffed behind the back.

(4) Supervision of Youth in Mechanical Restraints.

(a) Youth secured in mechanical restraints for secure transport or in response to resistance shall be supervised in accordance with this section.

At no time shall a youth be left without constant, full, sight and sound supervision by an employee.
The youth shall not be placed in an upper bunk or in any position that does not permit constant, full, sight and sound supervision.
Youth shall not be stripped of their clothing.
Employees responsible for providing constant, full, sight and sound supervision shall be RI certified and have physical possession of the key to unlock the mechanical restraints.

(b) In addition to items identified in subparagraphs 63H-3.007(4)(a)1.-4., F.A.C. above, while a youth is placed in mechanical restraints as a response to resistance, employees shall:

Employ verbal intervention techniques designed to de-escalate the need for mechanical restraints.
Continually monitor the youth’s type of resistance, aggressiveness, and willingness to comply with instructions to determine whether removal of restraints is safe and advisable.
Conduct breathing and circulation checks at ten-minute intervals. These ten-minute checks shall be documented on the Mechanical Restraints Supervision Log. The Mechanical Restraints Supervision Log (TLC 002, April 2023) is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-15378.
If a restrained youth continues to exhibit negative, hostile, and/or aggressive behavior so that removal of mechanical restraints is unsafe, the supervisor or acting supervisor shall interview the youth and decide if it is safe to remove the mechanical restraints.

a. This interview shall occur no more than 30 minutes after the youth is placed in restraints.

b. If it is decided that it is unsafe to remove the restraints, the supervisor or acting supervisor shall document the decision on the Mechanical Restraints Supervision Log.

c. If authorization is obtained from the Superintendent, Program Director, Administrator, or designee to continue the use of restraints, another interview shall occur no more than one (1) hour after the youth was placed in restraints.

d. Each time the decision is made that it is unsafe to remove the restraints, the decision shall be documented as described above.

A youth may remain in mechanical restraints up to 60 minutes with the supervisor’s or acting supervisor’s authorization.
In order to keep the youth in mechanical restraints for 60 to 120 minutes, the supervisor or acting supervisor shall obtain authorization from the Superintendent, Residential Program Director, Administrator, or designee who shall first consult with a licensed medical and/or mental health professional before authorizing additional time. This authorization shall be obtained within the initial 60-minute timeframe and documented on the Mechanical Restraints Supervision Log to include the name of the professional who was consulted, the time contacted, and the amount of time authorized.
In order to keep the youth in mechanical restraints beyond 120 minutes, the same procedures apply as described in paragraph 63H-3.007(4)(b), F.A.C. above, for each subsequent 60-minute timeframe.
If at any point during the restraint it is determined that transportation to a medical or mental health treatment center is necessary, the supervisor or acting supervisor shall request verbal authorization from the Superintendent, Program Director, Administrator, or designee to initiate procedures to transport the youth. All authorizations and the time the authorization was received shall be documented on the Mechanical Restraints Supervision Log.

(5) Documentation and Retention of Records.

(a) A RI Report shall be completed after an incident involving the use of countermoves, control techniques, takedowns, or the application of mechanical restraints as a response as identified on the RI Escalation Matrix. The Right Interactions Report (TLC 006, April 2023) is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-15382.

(b) The employees who were engaged with the youth shall complete the RI Report no later than the end of the employee’s workday.

(c) When mechanical restraints are used as a result of resistance, the Mechanical Restraints Supervision Log shall be completed.

(d) The RI Report shall be reviewed by the administrator or designee within 72 hours of the incident, excluding weekends and holidays.

(e) The Post RI Interview shall be conducted as soon as possible, but no longer than 30 minutes after the incident. The findings of the interview shall be documented on the RI Report.

(f) If the Post RI Interview indicates the need for a RI Medical Review, the youth shall be referred to the licensed medical health professional (Physician, Physician Assistant, Advanced Registered Nurse Practitioner, Registered Nurse, or Licensed Practical Nurse) on site. If a medical health professional is not on site and telemedicine is not available, then the youth must be sent off site for this evaluation.

(g) Descriptions of injuries and medical treatment provided shall be filed in the youth’s individual health care record.

(h) Facilities/programs shall retain a copy of the RI Report for three (3) years following the youth’s release from the department’s custody.

(6) Medical Requirements for Training.

(a) If an employee has a medical condition that prohibits performance of one or more physical intervention techniques, the employee shall submit medical documentation from their licensed physician to their supervisor.

(b) The RI Instructor shall direct any employee that discloses a medical issue or injury during training to the employee’s supervisor for follow-up. The employee shall not engage in any RI training until such time as the employee’s physician states the employee can perform all techniques without restriction.

(c) Documents from physicians are confidential records and shall be maintained in accordance with state Personnel rules, or if a contracted facility or program, in accordance with the organization’s applicable policy. The medical documentation shall not be submitted to the RI Instructor. The supervisor shall not send any employee to RI training unless the employee is in good medical standing.

(7) Certification.

(a) All direct care staff shall become RI certified within 90 calendar days following their date of hire.

(b) Employees shall be RI certified by successfully completing the RI training designed for facility- or community-based employees, whichever is applicable. Successful completion requires:

Attendance and participation in the 40-hour training specified in the RI curriculum. Employees shall actively participate in the performance of all physical intervention techniques and mechanical restraints being taught during the training session;
A minimum score of 75 percent on the RI examination; and
One hundred percent (100%) satisfactory performance of the techniques specified on the RI Performance Evaluation form. The Right Interactions Performance Evaluation (TLC 005, April 2023) is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-15381.

(c) All RI training must be conducted by a certified RI Instructor. Training facilitated by an RI Instructor whose certification is not in good standing shall be considered invalid.

(d) The instructor to student ratio shall be not exceed 1:8 during the physical techniques portion of a RI training session.

(e) The 80-hour RI Train-the-Trainer course shall be delivered by at least one Lead Master RI Instructor.

(8) Cross-Over Training

(a) A RI-certified facility-based employee who crosses over from a community-based to a facility position, or vice versa, shall successfully complete all objectives of the RI certification curriculum applicable to their new position which are not duplicative of the RI certification objectives previously completed by the employee. Such completion must occur within 90 calendar days following the employee’s cross-over date.

(b) The RI Instructor shall train and evaluate the employee’s performance on any techniques that the employee has not been trained to perform. This evaluation shall be completed on the RI Performance Evaluation form. If the employee is unable to perform the new techniques, after remediation, the employee shall not be considered RI certified for purpose of their employment in the new facility or community-based program. If this training shall dually serve as the employee’s annual RI Update, all criteria identified in this rule for the annual RI Update shall be successfully completed.

(9) Rehired Employee Training.

(a) If an employee is rehired within 12 calendar months of their RI certification or most recent annual RI Update, the employee’s RI certification is current.

(b) If an employee is rehired after 12 calendar months of separation, they are no longer considered certified and must complete all requirements as outlined in this rule.

(10) Annual Training Requirement.

(a) All employees shall complete a minimum of eight (8) hours of RI Update training.

(b) The training shall include, at a minimum, the following:

A review of this rule section, including curriculum revisions, and other facility or program RI administrative policies and procedures.
Instructions on how and when to properly complete the RI Report.
Practice of all physical intervention techniques checked on the applicable RI Training Plan and, at a minimum, practice in the use of all mechanical restraints authorized by the facility’s RI Training Plan.
Successful completion of the annual in-service training requires 100 percent attendance and participation in the training program. The training hours do not have to be consecutive.
If an employee fails to successfully complete the annual update within 12 months of their last RI training, they will no longer be authorized to use physical or mechanical intervention responses and must attend a minimum of eight (8) hours of remedial training, to include 100 percent satisfactory performance of the techniques specified on the employee’s RI Training Plan using the RI Performance Evaluation.
If an employee fails to successfully complete the annual update within 16 months of their last RI training, the employee is no longer considered RI certified and must attend the 40-hour RI certification course for either community- or facility-based staff but shall not be required to re-take the RI certification exam.

(11) Testing Requirements.

(a) If a candidate fails the RI written examination, they are only required to attend the remedial classroom training.

(b) RI Instructors shall conduct a practical examination utilizing the RI Performance Evaluation. The completed evaluation shall be uploaded into the SkillPro learning management system.

(c) If an employee failed the RI Performance Evaluation, when remedial training is provided, the RI Instructor candidate or employee is only required to attend the performance-based segment of the training.

(d) Test candidates shall have no more than three (3) attempts to pass the written exam.

(e) Test candidates shall adhere to the following schedule for second and third attempts to pass the written exam:

The second attempt shall occur no less than 7 calendar days after, and no more than 45 calendar days after, the first attempt.
The third attempt shall occur no less than 14 calendar days after, and no more than 45 calendar days after, the second attempt.

(f) For annual in-service training, the RI Performance Evaluation shall be used for the RI Update to document the practice of the techniques identified on the RI Training Plan. The completed evaluation shall be uploaded into the SkillPro learning management system.

(g) One RI Performance Evaluation form shall be used for each attempt that a facility or program employee makes to pass the performance evaluation. The term “attempt” is described below.

ATTEMPT 1: If an employee fails one (1) to three (3) techniques, the RI Instructor shall remediate and re-evaluate the employee on the failed techniques. Upon conclusion of the employee’s performance of the remediated techniques, this shall be the employee’s first attempt at passing the evaluation. If the employee fails to satisfactorily demonstrate the failed techniques after remediation, the employee shall attend remediation on a different date for Attempt 2 and at that time shall be evaluated on the failed techniques. An employee who fails four (4) or more techniques on Attempt 1 shall attend remediation on a different date for Attempt 2 and at that time shall be evaluated on the failed techniques.
ATTEMPT 2: If an employee fails one (1) to three (3) techniques, the RI Instructor shall remediate and re-evaluate the employee on the failed techniques. Upon conclusion of the employee’s performance of the remediated techniques, this shall be the employee’s second attempt at passing the evaluation. If the employee fails to satisfactorily demonstrate the failed techniques after remediation, the employee shall attend remediation on a different date for Attempt 3 and at that time shall be evaluated on the failed techniques. An employee who fails four (4) or more techniques on Attempt 2 shall attend remediation on a different date for Attempt 3 and at that time shall be evaluated on the failed techniques.
ATTEMPT 3: If an employee fails one (1) to three (3) techniques, the RI instructor shall remediate and re-evaluate the employee on the failed techniques. Upon conclusion of the employee’s performance of the remediated techniques, this shall be the employee’s third attempt at passing the evaluation. If the employee fails to satisfactorily demonstrate the failed techniques after remediation, the employee is considered to have failed their third attempt. An employee who fails four (4) or more techniques on Attempt 3 shall not have an opportunity to receive remediation and is considered to have failed their third attempt.

(h) Employees shall be evaluated using the RI Performance Evaluation form on all physical intervention techniques that are specified on their RI Training Plan.

(12) Training Instructor Fidelity and Certification Renewal.

(a) RI Instructors shall conduct 20 hours of RI training annually to maintain certification. Instructors that do not conduct 20 hours of RI training within one calendar year shall have their instructor privileges suspended until such time as they attend remedial training conducted by a Lead Master RI Instructor.

(b) Instructors shall attend and participate in an eight- (8-) hour in-service training program once every two years as conducted by a Lead Master RI Instructor.

(c) Instructors shall notify the Office of Talent, Leadership, and Culture via the RI Fidelity email address of all scheduled RI classes at least 72 hours prior to the commencement of the training. This requirement does not apply to impromptu annual update trainings delivered due to the unexpected availability of staff on a given day or shift.

(d) Instructors shall not be limited in teaching RI to only their facility, program, or unit.

(e) Any RI Instructor who separates from their employment with the department, county, municipality, or contracted facility, program, or entity with a memorandum of understanding are no longer considered to be a certified RI Instructor.

(f) If a RI Instructor is rehired by the department or county, municipality, or contracted facility, program, or entity with a memorandum of understanding within 12 months of separation, their RI certification shall be reinstated by successfully completing RI training for facility- or community-based employees pursuant to this rule.

(g) The facility, provider, or administrator shall notify the Training Entity within 72 hours of a RI Instructor’s separation from the department or contract provider via the RI Fidelity email address.

(h) At no time shall a RI Instructor be financially compensated for the delivery of the RI curriculum other than the salary they receive from their current employer for work time. RI Instructors shall not be permitted to list themselves as a vendor in the My Florida Marketplace system.

(i) The Lead Master RI Instructors shall coordinate with Master RI Instructors regarding the monitoring and development of instructor performance in the delivery and application of the RI curriculum. At a minimum, Master RI Instructors shall:

Deliver a minimum of 40 hours of RI training each calendar year, which may include either a RI and/or RI Train-the-Trainer class. The Train-the-Trainer class shall be facilitated by a Lead Master RI Instructor.
Participate in quarterly Master RI Instructor meetings that will be conducted in-person, virtually, or via conference call.
Complete RI fidelities and provide technical assistance when requested.

(13) RI Fidelity Requirement: All department and contract providers shall adhere to the following procedures when RI incidents resulting in injury or allegations of abuse are reported, for requests for program/facility technical assistance, and for the monitoring of the training and implementation of the RI program.

(a) Superintendents, program monitors, and Regional Directors shall submit reports of RI incidents resulting in injury requiring outside medical attention, allegations of abuse stemming from the use of RI, or requests for technical assistance to the Training Entity via the RI Fidelity email address. All requests shall include the following:

RI Fidelity Request form. The Right Interactions Fidelity Request (TLC 004, April 2023) is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-15380.
A copy of the RI Report.
A copy of supporting multimedia (if available).

(b) Within 24 hours of receipt of the RI Fidelity Request Form, excluding weekends and holidays, a representative of the Office of Talent, Leadership, and Culture will assign the request to a Master RI Instructor.

(c) Once all documentation is received, depending on the nature and severity of the incident, a minimum of five (5) days will be needed to complete the review.

Upon completion of the review, the Master RI Instructor will submit the completed RI Fidelity Request Form to the requestor or Incident Operation Center.
Documentation of RI Fidelity incidents or requests submitted to the Training Entity will be maintained by the Training Entity.

History

Rulemaking Authority 985.645 FS. Law Implemented 944.241, 985.645 FS. History–New 3-6-22, Amended 8-3-23, 9-25-25.

Division 63T Transition

Chapter 63T-1 Required Transitional Activities for Residentially Committed Youth

Fla. Admin. Code R. 63T-1.001 Purpose and Scope

This rule establishes the requirements for the provision of transition services for youth who have been residentially committed to the department.

History

Rulemaking Authority 985.64 FS. Law Implemented 985.433(7)(c), 985.435, 985.46, 985.601(3)(a) FS. History‒New 6-11-13.

Fla. Admin. Code R. 63T-1.002 Definitions

For this rule chapter, the following terms are defined as follows:

(1) Case Management Process – Refers to the process a residential commitment program uses to assess a youth, develop goals to address the youth’s prioritized needs, review and report the youth’s progress, and plan for the youth’s transition to the community upon release.

(2) Community Reentry Team (CRT) ‒ A team established in each judicial circuit in partnership with a school district transition contact to identify community resources for youth returning from residential commitment. The CRT should include the supervising Juvenile Probation Officer (JPO), residential case manager, representatives from other agencies involved with the youth, community law enforcement, educational entities, the One Stop Career Center and individuals specific to each youth served by the committee.

(3) Conditional Release (CR) – Assessment and intervention services provided to youth who are released from residential commitment programs. Under the legal status of conditional release, the youth remains on commitment status and is subject to transfer back to a residential commitment program if noncompliant.

(4) Direct Discharge – The release of a youth from a residential commitment program who is no longer under the jurisdiction of the court.

(5) Electronic Education Exit Plan – A document that details a youth’s current educational status while in residential commitment and potential educational placements post-release.

(6) Exit Conference – A conference that a residential commitment program conducts at least 14 days prior to a youth’s targeted release date, wherein the youth, residential program staff, the youth’s Juvenile Probation Officer, post-residential services case manager, if different than the Juvenile Probation Officer, the youth’s parent or guardian, and other pertinent parties, review the status of the youth’s transitional activities and finalize plans for the youth’s release and reentry into the community.

(7) Exit Portfolio – A compilation of documents assembled by the residential program to assist the youth after release. Exit portfolios include such things as an Identification Card, social security card (for youth over 15 years old), birth certificate, all educational documentation, school transcripts, resume, sample employment applications, and educational or vocational certificates earned in the program, and a calendar with all the dates/times/locations of upcoming appointments.

(8) Intervention – An action taken or facilitated by the Juvenile Probation Officer (JPO) to promote the reduction of a criminogenic need, and may include direct contact with youth, collateral contacts, referrals for services, monitoring progress, and following up with youth and family.

(9) Intervention and Treatment Team – A multidisciplinary team in a residential facility responsible for implementing the case management process that focuses on planning for and ensuring delivery of coordinated delinquency intervention and treatment services to meet the youth’s prioritized needs. The team is comprised of the youth, representatives from the program’s administration and residential living unit, and others responsible for delinquency intervention and treatment services for the youth. Refer to the definition of case management process included in this rule section.

(10) Juvenile Justice Information System (JJIS) – The department’s electronic information system used to gather and store information on youth having contact with the department.

(11) Juvenile Probation Officer (JPO) – Serves as the primary case manager for the purpose of managing, coordinating and monitoring the services provided, court requirements and sanctions required for youth on probation, post-commitment probation, in commitment, or on conditional release supervision. In this chapter, whenever a reference is made to the tasks and duties of a JPO, it shall also apply to case management staff of a provider agency contracted to perform these duties and tasks.

(12) Official Youth Case Record – A case record, comprised of the individual management record and the individual healthcare record, that a residential commitment program maintains on each youth.

(13) One Stop Career Center – Part of a national labor exchange network that links employers to qualified applicants and also provides employment, education and training services for job seekers and employers. Whenever a reference is made to a One Stop Center, it also includes their provider agencies contracted to provide similar services.

(14) Post-Commitment Probation (PCP) – Assessment and intervention services provided to youth who are released from residential commitment programs. Under the legal status of post-commitment probation, the youth is legally transferred from commitment status to probation status, and is subject to court-ordered sanctions.

(15) Post-Residential Services Case Manager – The person supervising the youth’s post-commitment probation or conditional release after the youth’s release or discharge from a residential commitment program.

(16) Pre-Release Notification and Acknowledgement (PRN) – A three-part form initiated by a residential commitment program to give prior notification to the JPO of a youth’s planned release, then allows for the JPO to add additional information pertinent to the release, and finally allows for the court’s approval of the release. The Pre-Release Notification and Acknowledgement form is incorporated in Chapter 63E-7, F.A.C.

(17) Release – Refers to when a youth re-enters his or her home community after successfully completing and exiting a residential commitment program.

(18) Transition Conference – A conference, conducted at least 60 days prior to a youth’s anticipated release from a residential commitment program, wherein the youth, residential program staff, the youth’s JPO or post-residential services case manager, and the youth’s parent or guardian establish transition activities, with accompanying responsibilities and timelines, to facilitate the youth’s successful release and reintegration into the community.

(19) Transition Liaison – An identified probation staff, designated by the Chief Probation Officer, in each judicial circuit who functions as the transition specialist within their local area and works as a liaison with the Reentry Teams and residential commitment programs.

(20) Transition Planning – The process of establishing transition activities to facilitate a youth’s successful release from a residential commitment program and reintegration into the community.

History

Rulemaking Authority 985.64 FS. Law Implemented 985.433(7)(c), 985.435, 985.46, 985.601(3)(a) FS. History‒New 6-11-13, Amended 8-19-21.

Fla. Admin. Code R. 63T-1.003 Juvenile Probation Officer Responsibilities

(1) Pre-Commitment. At disposition, the JPO will address the youth’s post-commitment supervision status with the court. If ordered, post-commitment supervision includes either post-commitment probation or conditional release. Otherwise, the youth will be a direct discharge.

(2) Case management of youth in residential commitment. The supervising JPO must identify potential roadblocks to the youth’s successful transition and submit the information to the treatment team within the first 60 days of placement. Regardless of post-residential supervision status, all youth shall benefit from the department’s transition planning process. The JPO must:

(a) Participate in intervention and treatment team meetings unless written authorization is obtained in advance from their supervisor. If the JPO does not participate in person, telephonically, or through web-based video phone, they shall follow-up with the residential case manager and youth within three working days of the meeting.

(b) Contact the youth’s parent or guardian at least once per month via in person meeting, telephone, or web-based video phone during the youth’s placement. If the youth is 18 years of age or older, they may request, in writing, their parent or guardian not be contacted. Each contact will be documented in JJIS case notes. These contacts must be transition focused and used to identify any unaddressed family needs that may inhibit a successful transition.

(3) Transition. The treatment team shall consist of all program staff involved with the youth, the JPO, the youth, the youth’s family, and other community members invested in the youth’s success. The transition plan is a comprehensive document outlining the steps a youth must take to successfully transition back to the community including post-residential services and court ordered sanctions. The JPO, or designee, must participate in the transition conference, via in-person, telephone, or web-based video phone, held in accordance with paragraph 63T-1.004(1)(a), F.A.C. The JPO, transition liaison, and treatment team shall ensure that:

(a) Living arrangements have been identified for the youth;

If a youth does not plan to return to the county or circuit with jurisdiction, the receiving circuit’s JPO will host the community reentry team meeting. The sending JPO will complete the case summary and participate in the community reentry team meeting.
The JPO in the circuit with jurisdiction shall arrange a courtesy supervision request within 10 working days of learning of the relocation request. Courtesy supervision is performed by department staff outside the county of jurisdiction due to the youth’s relocation.

(b) Transportation arrangements from the program to their home or pre-determined location have been made. If the family is unable to provide transportation for the youth, the JPO and program staff shall determine responsibility depending on the following factors:

Youth who live within 75 miles of the commitment program – Transportation home will be provided by program staff.
Youth who live more than 75 miles but less than 300 miles from the program – The youth will be transported by the program to a location pre-arranged with the youth’s Juvenile Probation Officer, who will then take the youth the rest of the way home. The meeting point for the transfer of the youth must be flexible so that the round trip can take place within 8 hours.
Youth who live 300 plus miles from the program – The program will register the youth with the local regional detention center for transport. The residential commitment program will transport the youth to the local detention center who will then transport the youth to the detention center closest to the youth’s residence. The JPO will coordinate with the parent or guardian to ensure the youth is met at the receiving detention center. If the parent or guardian is unable to provide the transportation, and the JPO has exhausted all other sources, the JPO will complete the transport.

(c) Outstanding service needs and interventions are identified. These needs may include mental health or substance abuse treatment, educational and vocational training services, mentoring, employment assistance, childcare, and Medicaid eligibility;

(d) A case summary is presented to the CRT;

(e) Contact information for the youth’s Department of Children and Families case worker (DCF) or other agency staff working with the youth is obtained if appropriate; and,

(f) The information on the Pre-Release Notification (PRN) provided by the program is correct and is forwarded to the court of jurisdiction within three working days of receipt.

If the court does not respond to the PRN within 10 days (14 days for adult court) the JPO will fill out section E as the PRN will be considered approved.
In the event a youth is committed in two separate jurisdictions, the JPO and program must ensure PRN’s go to both courts prior to release.
If the JPO and commitment program cannot come to an agreement regarding the youth’s PRN, the decision must be raised up through the chain of command for both Probation and Residential Services. The final decision would then become the responsibility of the two Regional Directors or their designees, and then if needed, the Assistant Secretaries or their designees.

(4) Exit. Finalization of the action steps required in the transition plan is completed at the Exit Conference. The JPO or designee must participate in person, telephonically, or if available, through web-based video phone in the exit conference held in accordance with paragraph 63T-1.004(1)(b), F.A.C. At this conference the JPO confirms that they have:

(a) Verified the youth’s living arrangements;

(b) Confirmed transportation arrangements; and,

(c) Confirmed addresses and appointment times for community based treatment and services as well as educational or vocational services. This information shall be provided for placement in the youth’s exit portfolio.

History

Rulemaking Authority 985.64 FS. Law Implemented 985.433(7)(c), 985.435, 985.46, 985.601(3)(a) FS. History‒New 6-11-13, Amended 8-19-21.

Fla. Admin. Code R. 63T-1.004 Residential Commitment Program

(1) Transition Planning. When developing each youth’s performance plan and throughout its implementation during the youth’s stay, a residential commitment program shall ensure that the intervention and treatment team is planning for the youth’s successful transition to the community upon release from the program. The intervention and treatment team shall intensify its transition planning as the youth nears his or her targeted release date as follows:

(a) Transition Conference. In a program with a length of stay over 90 days, the intervention and treatment team shall conduct a transition conference at least 60 days prior to the youth’s targeted release date or 90 days for sex offenders. In any program with a length of stay of 90 days or less, the exit conference, addressed in paragraph 63T-1.004(1)(b), F.A.C., shall suffice to address all necessary pre-release transition activities.

The program director or designee, the intervention and treatment team leader, and the youth shall attend the transition conference. Although the program shall encourage other intervention and treatment team members to attend, those not attending shall provide written input to the team leader prior to the conference. If the youth’s teacher is not an active intervention and treatment team member, the team leader shall invite the teacher to participate in the transition conference; however, if the teacher chooses not to attend, the team leader shall obtain the teacher’s input prior to the conference. Additionally, the program shall invite the youth’s JPO, post-residential services case manager, if different than the JPO, the youth’s parent or guardian, the waiver support coordinator if the youth is an identified client of Agency for Persons with Disabilities (APD), a Division of Vocational Rehabilitation representative if the youth has a disability as evidenced on his or her Individual Education Plan (IEP), and if applicable, the DCF worker. The program shall encourage invitees’ participation through advanced notifications and reasonable accommodations. However, when arrangements cannot be made for their participation in the transition conference, the intervention and treatment team leader shall request their input and offer an opportunity for them to provide it prior to the conference.
During the transition conference, participants shall review transition activities on both the youth’s performance plan and treatment discharge plan, revise them if necessary, and identify additional activities needed when planning for the youth’s transition to the community. An exit portfolio shall be initiated for the youth at this conference. Included in this portfolio will be a state issued Identification card, a calendar with addresses and times for follow-up appointments in the community, and for youth over 15 years of age, a Social Security card, resume and a completed sample job application. Target completion dates and persons responsible for their completion shall be identified during the conference. The intervention and treatment team leader shall obtain conference attendees’ dated signatures, representing their acknowledgement of the transition activities and accountability for their completion pursuant to the youth’s performance plan.
In follow-up to the conference, if anyone not in attendance is identified as having responsibility for completing a transition activity, the intervention and treatment team leader shall send him or her a copy of the plan and request its return with a dated signature. In this case, an original signature is not necessary. Electronic transmittal of the plan to the youth’s JPO and, if applicable, the DCF counselor is acceptable. If transmitted electronically, a return email acknowledging receipt and review suffices and shall be printed and filed with the youth’s plan.
In notifying the JPO of the youth’s planned release date, the commitment program shall forward the Pre-Release Notification and Acknowledgment (PRN) form to the JPO at least 45 days prior to the youth’s planned release date (90 days for sex offenders not meeting statutory criteria for involuntary civil commitment of sexually violent predators to DCF as set forth in Chapter 394, F.S.).

(b) Exit Conference. Prior to a youth’s release, the program shall conduct an exit conference to review the status of the transition activities established at the transition conference and finalize plans for the youth’s return to the community. Completion of the youth’s exit portfolio will be verified at this conference placing confirmed times and locations of appointments on the calendar. The recommendations of the Community Reentry Team, if available, shall be considered at this time. The exit conference shall be conducted after the program has notified the JPO of the release, but not less than 14 days prior to the youth’s targeted release date.

The program shall arrange and prepare for the exit conference in accordance with the requirements for the transition conference stipulated in paragraph 63T-1.004(1)(a), F.A.C.
The program shall document the exit conference in the official youth case record, including the date of the conference, attendees’ signatures, names of persons participating via telephone or video conferencing, and a brief summary of the follow-up transition activities still pending. The program shall track and ensure completion of any pending actions necessary to expedite the youth’s release and successful transition.

(2) Transitional Treatment Planning. Consistent with transition planning required in subsection 63T-1.004(1), F.A.C., the program shall facilitate healthcare transitional planning and the exchange of information to maintain continuity of care for a youth who is released from a program.

(a) Healthcare Transition Discharge Planning – At least a seven-day supply of the youth’s medication shall be provided to the youth and parents or guardians at the time of release from the program. The medication must be in an individually labeled, youth-specific, prescription container generated by a pharmacy vendor. Prescription medications shall not be released solely to minor youth. A 30-day paper prescription from the facility DHA, designee, PA, or ARNP for any non-narcotic medication that the youth will continue after release will be provided to the youth’s parent or guardian or directly to the youth if over 18 years of age.

(b) Mental Health and Substance Abuse Transition/Discharge Planning.

During the final phase of mental health or substance abuse treatment, the mental health clinical staff person or substance abuse clinical staff person, treatment team and youth shall establish a transition/discharge plan whereby improvements made during mental health and/or substance abuse treatment will be maintained upon the youth’s movement from one facility to another, or return to the community.
A transition/discharge plan shall be documented on the Mental Health/Substance Abuse Treatment Discharge Summary Form which is incorporated in Chapter 63N-1, F.A.C. A copy of the Mental Health/Substance Abuse Treatment Discharge Summary Form will be provided to the youth, the youth’s assigned Juvenile Probation Officer, and also to the parent/legal guardian when the youth’s written consent for release of substance abuse information to the parent/guardian has been obtained in accordance with consent provisions in Rules 63E-7.010 and 63T-1.004, F.A.C.
Transition planning for youths on suicide risk alert or suicide precautions immediately prior to transfer to another facility or program shall include verbal and written notification of the facility superintendent or program director where the youth is to be transferred, of the youth’s current suicide risk status.
Transition planning for youths on suicide risk alert or suicide precautions immediately prior to discharge to the community shall include verbal and written notification of the youth’s parent/legal guardian and the Juvenile Probation Officer of the youth’s current suicide risk status.

(3) Coordination of Services for DJJ Youth Served by Other Agencies. In an effort to coordinate services for youth jointly served by the department and other agencies, a residential commitment program shall provide information requested by the DCF worker, APD representative, or the youth’s JPO on behalf of these agency representatives, and shall, upon request, make reasonable accommodations for them to visit the youth. The program shall invite these representatives from other agencies to the youth’s transition and exit conferences in accordance with paragraphs 63T-1.004(1)(a) and (b), F.A.C., and, if necessary, make reasonable accommodations for telephone or video access to participate in the conference. Additionally, the program shall notify these representatives 30 days prior to a youth’s release or, in the event that the program does not have 30 days’ notice of the youth’s release, the program shall notify them immediately upon becoming aware of the release date.

History

Rulemaking Authority 985.64 FS. Law Implemented 985.433(7)(c), 985.435, 985.46, 985.601(3)(a) FS. History‒New 6-11-13, Amended 8-19-21.

Fla. Admin. Code R. 63T-1.005 Community Re-Entry Team

(1) A community-based team shall be established in each judicial circuit to review all youth returning to the community from residential commitment.

(a) CRT Meeting ‒ The Community Reentry Team meeting shall occur after the Transition Conference, but prior to the Exit Conference.

(b) The JPO or transition liaison shall send the invitations for the Community Reentry Team to all required parties, via Microsoft Outlook, a minimum of 14 days prior to the meeting date.

(c) The JPO or transition liaison shall send the case summary to all required parties a minimum of three (3) calendar days prior to the Community Reentry Team. Required parties include:

The FDJJ Regional Education Coordinator;
Residential Case Manager and/or Residential Transition Services Manager;
Residential Clinical Therapist (if applicable);
Transition contact within the receiving school district;
Transition services provider (i.e. Project Connect or Project Bridge);
Career Source representative.

(2) The transition liaison, or designee, shall complete the individual Community Reentry Case Summary.

(3) Cases presented to the Team shall be scheduled by a Transition Liaison to assist with:

(a) Identifying the appropriate school placement. The JPO and transition liaison shall utilize the information within the Electronic Education Exit Plan to determine the best available school placement for the youth post-release;

(b) Ensuring youth has a place to live;

(d) Ensuring transportation plans; and,

(e) Reviewing previously presented cases when additional recommendations are needed to help ensure a youth’s successful transition;

(f) Reviewing insurance status;

(g) Discussing level of supervision.

(4) Upon completion of the CRT, the JPO, transition liaison, or designee shall upload the completed Community Re-Entry Case Summary in the Juvenile Justice Information System (JJIS) case notebook module within three (3) working days.

(5) The Transition Liaison must ensure that all team recommendations are communicated to the youth’s assigned JPO.

(6) An emergency CRT may be conducted outside the normal timeframe, at the discretion of the Chief Probation Officer or designee and Residential Facility Director or designee, if unique circumstances exist. Examples of these circumstances include death of an immediate family member, or if probation and residential services informally agree to expedite transition status.

(7) Prior to the exit conference, the transition liaison, or designee, shall complete the Transition Plan for Success and provide a copy to the youth, family, and residential commitment program.

History

Rulemaking Authority 985.64 FS. Law Implemented 985.433(7)(c), 985.435, 985.46, 985.601(3)(a) FS. History‒New 6-11-13, Amended 8-19-21.

Fla. Admin. Code Title 63 — Department of Juvenile Justice

Division 63K County and Municipal Juvenile Programs

Chapter 63K-1 Operations

Fla. Admin. Code R. 63K-1.001 Purpose and Scope

Fla. Admin. Code R. 63K-1.0015 Certification of a County or Municipal Juvenile Detention Center

Fla. Admin. Code R. 63K-1.002 Operation of County or Municipal Juvenile Detention Centers

Fla. Admin. Code R. 63K-1.003 Operation of County or Municipal Juvenile Delinquency Programs

Fla. Admin. Code R. 63K-1.004 Transfers

Fla. Admin. Code R. 63K-1.005 Monitoring Fees

Division 63G Detention Services

Chapter 63G-1 DETENTION COST SHARING

Fla. Admin. Code R. 63G-1.001 Scope

Fla. Admin. Code R. 63G-1.002 Definitions

Fla. Admin. Code R. 63G-1.003 Determining Residence

Fla. Admin. Code R. 63G-1.004 Calculating Estimated Costs

Fla. Admin. Code R. 63G-1.005 Fiscally Constrained Counties

Fla. Admin. Code R. 63G-1.006 Receipt of Payment

Fla. Admin. Code R. 63G-1.007 Quarterly Reporting

Fla. Admin. Code R. 63G-1.008 Annual Reconciliation

Fla. Admin. Code R. 63G-1.009 Dispute Resolution and Collection

Fla. Admin. Code R. 63G-1.010 Scope

Fla. Admin. Code R. 63G-1.011 Definitions

Fla. Admin. Code R. 63G-1.012 Determining Residence

Fla. Admin. Code R. 63G-1.013 Calculating Estimated Funding

Fla. Admin. Code R. 63G-1.014 Fiscally Constrained Counties

Fla. Admin. Code R. 63G-1.015 Receipt of Payment

Fla. Admin. Code R. 63G-1.016 Monthly Reporting

Fla. Admin. Code R. 63G-1.017 Monthly/Annual Reconciliation and Dispute Resolution

Fla. Admin. Code R. 63G-1.018 Billing

Fla. Admin. Code R. 63G-1.020 Definitions

Fla. Admin. Code R. 63G-1.021 Determining Residence

Fla. Admin. Code R. 63G-1.022 Calculating Detention Costs

Fla. Admin. Code R. 63G-1.023 Receipt of Payment

Fla. Admin. Code R. 63G-1.024 Monthly Dispute Resolution

Chapter 63G-2 SECURE DETENTION SERVICES

Fla. Admin. Code R. 63G-2.001 Purpose and Scope

Fla. Admin. Code R. 63G-2.002 Definitions

Fla. Admin. Code R. 63G-2.003 Facilities and Maintenance

Fla. Admin. Code R. 63G-2.004 Staffing and Operations

Fla. Admin. Code R. 63G-2.0045 Intake and Orientation

Fla. Admin. Code R. 63G-2.005 Security

Fla. Admin. Code R. 63G-2.006 Treatment, Training and Education of Youth

Fla. Admin. Code R. 63G-2.007 Sanitation

Fla. Admin. Code R. 63G-2.008 Capacity

Fla. Admin. Code R. 63G-2.009 Bedding and Linens

Fla. Admin. Code R. 63G-2.010 Nutrition

Fla. Admin. Code R. 63G-2.011 Medical Treatment, Health and Comfort

Fla. Admin. Code R. 63G-2.012 Disciplinary Treatment

Fla. Admin. Code R. 63G-2.013 Purpose and Scope

Fla. Admin. Code R. 63G-2.014 Definitions

Fla. Admin. Code R. 63G-2.015 Facility Management

Fla. Admin. Code R. 63G-2.016 Maintenance

Fla. Admin. Code R. 63G-2.017 Staffing

Fla. Admin. Code R. 63G-2.018 Documentation/Management Systems

Fla. Admin. Code R. 63G-2.019 Security

Fla. Admin. Code R. 63G-2.020 Admissions, Orientation and Releases

Fla. Admin. Code R. 63G-2.021 Officer Conduct and Professionalism

Fla. Admin. Code R. 63G-2.022 Behavior Management and Behavioral Confinement

Fla. Admin. Code R. 63G-2.023 Youth Activities

Fla. Admin. Code R. 63G-2.024 Safety

Fla. Admin. Code R. 63G-2.025 Hygiene

Fla. Admin. Code R. 63G-2.026 Nutrition

Division 63J Direct Support Organizations

Chapter 63J-1 Procedures and Operations

Fla. Admin. Code R. 63J-1.001 Direct Support Organization Functions and Bylaws

Fla. Admin. Code R. 63J-1.002 Use of Department Property

Fla. Admin. Code R. 63J-1.003 Disposition of Funds

Fla. Admin. Code R. 63J-1.004 Budget

Division 63F Division of Administration

Chapter 63F-8 POLICY REVIEW FOR CONTRACTED DELINQUENCY SERVICES

Fla. Admin. Code R. 63F-8.001 Scope

Fla. Admin. Code R. 63F-8.002 Definitions

Fla. Admin. Code R. 63F-8.003 Development of New and Revised Policies

Chapter 63F-11 CENTRAL COMMUNICATIONS CENTER

Fla. Admin. Code R. 63F-11.001 Purpose and Scope

Fla. Admin. Code R. 63F-11.002 Definitions

Fla. Admin. Code R. 63F-11.003 Reporting Incidents

Fla. Admin. Code R. 63F-11.004 Reportable Incident Types

Fla. Admin. Code R. 63F-11.005 Operation of the Central Communications Center

Fla. Admin. Code R. 63F-11.006 Daily Reporting