63D-6.001: Purpose and Scope
63D-6.002: Definitions
63D-6.003: Conditions and Safety in Facility-Based Programs
63D-6.004: Operation and Administration of Facility-Based Programs
63D-6.005: Program Design Components in Facility-Based Programs
63D-6.006: Admission and Orientation
63D-6.007: Needs Assessment and Supervision Plans
63D-6.008: Progress Reports
PURPOSE AND EFFECT: The rule establishes the standards and procedures for the provision of day treatment, facility-based and community supervision services to youths on probation, conditional release or who are committed to a minimum-risk nonresidential program.
SUMMARY: The rule describes facility-based and community supervision models, along with their common elements. Admission, supervision and release procedures are described.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 985.435, 985.601, 985.64 FS.
LAW IMPLEMENTED: 985.03, 985.433, 985.435, 985.601 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Tuesday, July 17, 2007, 10:00 a.m.
PLACE: DJJ Headquarters, 2737 Centerview Dr., General Counsel’s Conference Room 312, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lydia Monroe, 2737 Centerview Dr., Ste. 312, Tallahassee, FL 32399-3100, e-mail: lydia.monroe@djj.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
63D-6.001 Purpose and Scope.
This rule establishes the standards and procedures for the provision of day treatment, facility-based, and community supervision services to youths on probation, conditional release or committed to a minimum-risk nonresidential program. These standards and procedures focus on the requirements of the contract provider agencies that deliver such services, and also focus on the process followed by departmental staff when making referrals to such programs. Other standards and requirements for the Juvenile Probation Officer making the referral or assisting in the exit of the youth from the provider program are included in Rule Chapters 63D-5 and 63D-7, F.A.C.
Specific Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.601 FS. History–New__________.
63D-6.002 Definitions.
For purposes of this rule chapter, the following terms shall be defined as follows:
(1)
(2) 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.
(3) Commitment/Transfer Packet Checklist – A checklist to ensure that documents needed for an admission, including transfer, to a residential commitment program are included in the Commitment/Transfer Packet. The Commitment/Transfer Packet checklist (JJIS Form 20, September 2006) is incorporated into this rule and is accessible electronically at <http://www.djj.state.fl.us/forms/residential_rule63E_forms.html>.
(4) Community Supervision Services Program – Within the array of services available for youth being released from residential commitment facilities back to the community is a treatment option in which the youth is supervised outside a campus setting in the community by staff of an agency contracted to provide deliverables such as supervision, family counseling, service referrals and skill training based upon an individualized assessment of the youth’s risks and needs.
(5) Conditional Release – The assessments, services, and supervision provided to families and to youth who are released from residential commitment programs. Under the legal status of conditional release the youth remains on commitment status subject to transfer through the department’s process governing transfers.
(6) Criminogenic needs/risk factors – Research in the area of juvenile delinquency has documented critical factors in predicting future criminal behavior. The PACT recognizes these factors and classifies them into critical domain areas known to influence criminal behavior. The JPO and JPO Supervisor use this data to measure the individual risk posed by each youth and to design a plan most responsive to reducing the level of risk posed by each factor.
(7) Facility-Based Program – Within the array of services available for youth being released from residential commitment facilities back to the community is a treatment option in which the youth can attend school or receive treatment services or both based upon an individualized assessment of the youth’s risks and needs on a campus setting purchased from a provider organization.
(8) Juvenile Justice Information System (JJIS) – The department’s electronic information system used to gather and store information on youth having contact with the department.
(9) Juvenile Probation Officer (JPO) – The Juvenile Probation Officer (JPO) serves as 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. 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.
(10) Juvenile Probation Officer Supervisor (JPOS) – A Juvenile Probation Officer Supervisor (JPOS) provides front 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 intervention plans and revisions to intervention plans. In this chapter whenever a reference is made to the tasks and duties of a JPOS it shall also apply to case management staff supervisor of a provider agency contracted to perform these duties and tasks.
(11) Minimum-risk Nonresidential Programs – Program models at this commitment level work with youth who remain at home and participate at least 5 days per week in a day treatment program. Youth assessed and classified for programs at this commitment level represent a minimum risk to themselves and public safety and do not require placement and services in residential settings. Youth in this level have full access to, and reside in, the community.
(12) Positive Achievement Change Tool (PACT) – As incorporated in subsection 63D-5.002(4), F.A.C.
(13) Pre-Release Notification and Acknowledgement Form (PRN) – As incorporated in Rule 63E-7.002, F.A.C.
(14) Probation – The legal status created by law and court order in cases involving a youth who has been found to have committed a delinquent act. Similar to adult probation; it includes the supervision of juveniles by a JPO.
(15) Youth-Empowered Success Plan (YES Plan) –As incorporated in subsection 63D-5.002(6), F.A.C.
Specific Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.601 FS. History–New__________.
63D-6.003 Facility-Based Program Model.
(1) Safety and welfare standards of facility-based programs shall incorporate the following:
(a) The physical plant of a facility-based program shall meet the following standards:
1. All indoor areas and attached buildings shall be clean, neat and well maintained. No graffiti shall be allowed to remain on walls doors or windows.
2. Weekly sanitation and safety inspections of all internal and external areas and equipment must be conducted to ensure that the facility is clean and in good repair. Inspections shall be documented in writing.
3. To help ensure that the facility is clean and in good repair a maintenance and housekeeping plan must be developed and employed.
4. For programs that operate during evening hours, the facility perimeter and grounds must be lit.
5. Separate bathroom facilities must be provided for males and females. For every 30 youths, there must be one operable toilet and washbasin with hot and cold running water and antibacterial soap.
6. Space must be available for private counseling, group meetings and classrooms.
(b) Facility-based programs must have a comprehensive safety regimen that includes:
1. Fire prevention.
2. Smoking shall not be permitted in the facility. Any designated smoking areas must be outside of the facility and clearly marked.
3. A fire alarm and automatic detection system is required. All staff and youth must be trained in the operation of the alarm system.
4. Fire protection equipment must be available at strategic locations throughout the facility, and must be checked quarterly. All staff and youth must be trained in the proper operation and use of available equipment.
5. Fire drill procedures must be approved by the State Fire Marshal or local fire officials, and must include the following:
a. Unannounced fire drills conducted at least monthly.
b. Drills must be conducted under varied conditions and across all shifts.
c. All fire drills must be documented in the Fire Safety Log.
6. A Fire Safety Log must be kept in the facility, and must contain a record of annual fire safety inspections, a summary of all deficiencies found by fire officials, a record of corrections, and the results of periodic fire safety inspections and equipment checks.
(c) An evacuation plan shall specify routes of evacuation and provisions for medical care or hospital transportation for youths and staff.
1. The evacuation plan shall provide that the program director or supervisor in charge shall make the decision to evacuate the facility, and the notice to evacuate must be clearly communicated.
2. Staff members in each area must help control the exit of youths and visitors in an orderly manner.
3. Staff must be alerted to the location of available alarm boxes and outside telephones.
4. A written emergency disaster plan must be reviewed annually, updated as needed, and detail the procedures for fire, severe weather, hurricane and tornado warnings, flooding, youth riots, hostage taking, chemical spills and bomb threats.
5. A current listing of telephone numbers for local emergency departments must be posted next to every facility telephone.
6. Programs that allow youths to participate in water related recreational activities must have a water safety plan. The program must provide one certified lifeguard for every eight participating youths. Youths must take a swim test prior to any swimming activities.
(d) The program shall provide for the prompt notification of a youth’s parent or guardian in cases of serious illness, injury or death.
(e) Programs providing meals must comply with the following requirements:
1. The food service and dining area must be clean and well maintained.
2. A nutritionist, dietitian or physician shall annually approve the nutritional value of the food served.
3. There must be a single menu for staff and youth.
(f) Facility-based programs must provide daily transportation to and from the program, or must arrange for such transportation.
1. All program vehicles that transport youths must receive an annual inspection by a certified mechanic.
2. Staff transporting youth must have current, valid driver licenses.
3. Program vehicles must have current insurance and automobile registration.
4. A youth cannot be denied services or penalized because of the lack of transportation.
5. All vehicles must be locked when not in use.
6. Youth must wear seat belts while the vehicle is in operation.
(2) Facility-based programs shall meet the following standards of operation and administration:
(a) The program director is responsible for maintaining information on the program and reporting to the department.
(b) Monthly reports shall be submitted to the department detailing major developments, incidents and population data.
(c) Youths listed on the program roster must match the census report in JJIS.
(d) Statistical information must be maintained, including monthly data on admissions, releases, transfers, absconds, abuse reports, medical and mental health emergencies, incidents, personnel actions, volunteer hours and average length of stay.
(e) The program must comply with the department’s CCC incident reporting requirements.
(f) A daily facility log must be maintained for staff to record significant program activities, events and incidents. Special attention must be given to entries impacting the safety and security of the program, which must be highlighted to ensure attention.
1. The program director must review the log on a bi-weekly basis, taking action where appropriate. Any action taken must be documented in the log.
2. All staff should read and initial each page in the daily log at the beginning of their shift.
3. Log entries shall be brief, and legibly written in ink. Recording errors must be struck through with a single line, with “void” written by the error and the correction initialed by staff.
4. Each log entry must provide the following information:
a. Date and time of incident;
b. Name of the youth and staff involved;
c. Brief statement of pertinent information; and
d. Name of the person making the entry with the date, time of entry and signature.
(g) Staff must comply with the training requirements as outlined in Chapter 63H-1, F.A.C. (Protective Action Response), and Rules 63H-2.004 and 63H-2.006, F.A.C.
(3) Facility-based programs shall have the following program design components:
(a) Facility-based programs shall have a written description of program design, educational goals and objectives. A mission statement encompassing the mission of the department must be understood by staff, reviewed annually and updated as necessary.
(b) Daily activity schedules must be developed and substantially followed. This shall include structured outdoor/indoor recreational and leisure activities that teach values and encourage sportsmanship.
(c) All instances of time-out, in-program suspension and privilege suspension shall be logged, dated and signed by staff implementing the discipline. Supervisory staff must review the log daily.
(d) The program must have a behavior management system that provides a system of privileges and consequences to encourage youths to fulfill programmatic expectations. Consequences for violating program rules must be fair and have a direct correlation to the inappropriate behavior. The use of program restriction shall not exceed seven consecutive days.
1. Disciplinary procedures shall be carried out promptly.
2. No youth or group of youths shall be allowed to control, have authority over, or otherwise discipline any other youth. Discipline or authority must never be delegated to youths.
3. Rules shall be conspicuously posted.
4. All discipline problems must be clearly documented in the youth’s file.
5. The use of “time-out” must be limited to one hour, and may only be used as a “cooling-off” period.
a. Youths in time-out must be visually observed by a staff member at least every ten (10) minutes, or be under constant sight and sound supervision if assessed to be at risk for suicide.
b. Locked time-out rooms are prohibited.
c. Youths in time-out shall not be denied regular meals, healthcare, accommodation of religious needs, or staff assistance.
6. Privilege suspension may include denial of participation in recreational activities and other activities outside the program. Privilege suspension shall not include loss of regular meals, healthcare services, contact with parent(s) or guardian(s), or legal assistance. Prior to privilege suspension, staff must explain to the youth the reason for the restriction, and shall give the youth an opportunity to explain the behavior leading to the suspension.
Specific Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.601 FS. History–New________.
63D-6.004 Community Supervision Model.
(1) The staff of a non-facility based community supervision program must document all contacts with youth. This includes contacts made by volunteers and interns.
(2) Contacts must focus on the youth’s needs and risks, with a major emphasis on coaching the youth toward successful completion of the YES Plan.
(a) Staff must use contacts to model positive behavior for the youth.
(b) Staff must make contact in a variety of locations and settings. Primary settings are home, school and at community service sites. Other settings will be driven by the YES Plan. Contact must be made during various hours of the day so that the youth cannot readily predict when a visit will occur.
(c) Contacts made by agency partners with the youth do not meet the face-to-face contacts required of the staff of a community-based program.
(d) Staff must maintain regular contact with school personnel, employers, treatment providers, community work coordinators, conditional release contracted agents, and other partners. These collateral contacts are made to verify completion of supervision goals, to monitor progress and to coordinate services.
(e) Community-based programs must adhere to a contact and supervision schedule that proceeds through three phases. Phase one is mandatory, regardless of a youth’s behavior in the program. Subsequent movements into phases two and three must be determined by the youth’s progress on YES Plan goals, and all movement between phases must be approved by the supervisor and documented.
1. Phase one extends for at least the first six weeks of supervision, and consists of five contacts per week, four of which must involve face-to-face contact with the youth. An additional contact must be made with a parent or guardian, as well as at least one collateral contact.
2. Phase two consists of four contacts, two of which must be face-to-face with the youth. An additional contact must be made with a parent or guardian, as well as at least one collateral contact.
3. Phase three consists of two contacts, one of which must be face-to-face with the youth. Every two weeks, an additional contact with a parent or guardian must be made, as well as a collateral contact.
(3) The staff of a community-based program must continuously coordinate and communicate with the assigned JPO.
(a) The program must inform the JPO of a youth’s performance, and must copy the JPO on all correspondence with the committing court.
(b) Community-based program staff must staff the case with the JPO before recommending that the court release the youth. The JPO must complete a PACT re-assessment prior to staffing the case to ensure that criminogenic needs identified in the PACT assessment have been addressed.
Specific Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.601 FS. History–New________.
63D-6.005 Common Elements of Facility-Based and Community Supervision Models.
(1) Within seven days of a youth’s admission, staff must complete a needs assessment. This must include a review of all prior PACT assessments. If a PACT re-assessment was completed within the last 45 days, a new needs assessment is not required.
(a) The needs assessment must include consideration of the following:
1. Criminal history;
2. School history;
3. Use of free time;
4. Employment history;
5. Relationships;
6. Family history;
7. Alcohol and drug history;
8. Attitudes and behaviors;
9. History of aggression; and
10. Skills.
(b) Programs shall conduct pre- and post-testing to evaluate a youth’s academic competencies, employability skills, social skills and life skills.
(c) Services identified in the needs assessment shall be incorporated into the YES Plan. Appropriate referrals must be made and documented. The YES Plan must be modified to reflect the referral, initiation and completion of services.
(d) Program staff and the assigned JPO will facilitate transportation for services identified in the needs assessment.
(2) Upon completion of the youth’s needs assessment, and within 14 days of the youth’s admission, the staff of a community-based program, the youth, and the parent(s) or guardian(s) will negotiate and develop a YES Plan. In particular, the youth and family should be consulted to identify goals and to assess their ability to fulfill their responsibilities. During plan development, the youth and parents or guardians must be informed of the consequences of failing to fulfill the goals of the plan. Inability to obtain parental involvement and efforts made to engage the parent(s) or guardian(s) must be documented.
(a) The plan must be performance based, with measurable and positive objectives, described outcomes, and the ultimate benefit being successful termination from the program.
(b) Objectives described in the plan must address:
1. Public safety, accountability and competency development;
2. Court ordered sanctions and treatment goals; and
3. Mutually agreed upon interventions discovered in the course of working with the youth and parent(s) or guardian(s).
(c) Each goal must identify the major action steps required for achievement, and the individual(s) primarily responsible for each step. Realistic target dates must be recorded for each goal and action step.
(d) The youth, the staff of a community-based program, the supervisor, and the parent(s) or guardian(s) must sign the YES Plan. Staff must provide the youth and parent(s) or guardian(s) with a legible copy of the plan.
(3) YES Plans must be modified as follows:
(a) Completed goals shall be documented on the plan.
(b) When voluntary goals are added to address newly identified needs, the plan must be modified to reflect the addition.
(c) If the youth received subsequent dispositions due to pending cases or new violations, the staff of a community-based program must update the original plan to reflect changed sanctions, treatment goals, and court ordered conditions.
(d) Staff and youth must initial changes on the YES Plan.
(4) Staff of a community-based program must routinely review YES Plans with the youth and the parent(s) or guardian(s), making modifications when necessary. Formal reviews must occur every 90 days. Staff should call attention to the accomplished goals and the need to address those that have not been accomplished. The youth and the parent(s) or guardian(s) must initial the plan to indicate that it was reviewed with them.
(5) Service provision in both the facility-based model and the community supervision model must include:
(a) Group counseling, based on established group counseling principles, at a minimum of five days per week. If clinical counseling is provided, the groups must be facilitated by a licensed clinician.
(b) Family involvement and family counseling, as needed.
(c) Substance abuse services that include alcohol and other drug abuse, assessments, awareness, education, and treatment.
(d) Mental health services by licensed mental health professionals, as needed.
(e) Services that teach youths the consequences of their criminal behavior, and focus on their need to make reparation to victims and communities.
(f) Non-clinical individual and crisis counseling.
(g) Skills training that include social skills, life skill, positive alternatives to aggressive behavior, and skills for responding effectively to stress.
(h) Pre-employment, employment education, or vocational training.
(j) Independent living skills.
(k) Facilitating transportation for appointments, job interviews and other activities.
(l) In addition to the array of services listed in paragraphs (a) through (j) above the facility based model must also provide structured activities, including physical activities teaching social skills and sportsmanship, and extracurricular activities that encourage creative and performing arts, gender issues, and spiritual development.
Specific Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.601 FS. History–New________.
63D-6.006 Admission and Orientation for Youth Committed as Minimum Risk.
(1) To ensure continuity of services for youth committed to a minimum-risk nonresidential program, it is critical that staff of the community-based program receive a complete commitment packet. Staff must inspect the commitment packet using the Commitment Packet Checklist. With the exception of the commitment order, missing documents are not grounds to reject a youth’s admission.
(a) If a youth arrives at a nonresidential program without a copy of the commitment order, staff must immediately contact the JPO or JPO supervisor and request the order be faxed immediately so that the youth can be admitted.
(b) If documents other than the commitment order are missing from the packet, the youth shall be admitted and staff shall immediately notify the JPO or JPO supervisor to request the missing documents.
(c) If admitting staff discover conflicts in the commitment order, the assigned JPO or JPO supervisor must be contacted and informed of the conflict.
(2) Notification of admission:
(a) Within 24 hours of a youth’s admission to a nonresidential program, staff must provide written notification to the youth’s parent(s) or guardian(s). A copy of the notification must be filed in the youth’s case file.
1. The notification must include a brief overview of the program.
2. If the program includes scheduled recreational activities, the parent or guardian must advise the program if there is an objection to the youth’s participation due to a physical or medical problem. The parent or guardian must be informed that any such objection must be accompanied by written documentation from a physician.
(b) Within 30 days of admission of a committed youth, the program director or supervisor must provide written documentation to the court, including a copy of the initial YES Plan. The notification must indicate that the program will provide quarterly progress reports, unless otherwise ordered by the court. A copy of the notification and the YES Plan must be sent to the JPO, parent or guardian, state attorney, and the youth’s attorney.
(3) Program orientation must be conducted with 24 hours of a youth’s admission to the program. The youth’s parent(s) or guardian(s) must be encouraged to attend. Orientation information must be understandable to the youth.
(a) An orientation handbook or brochure must be provided containing the following:
1. Program goals and available services;
2. Review of the case planning process;
3. Telephone guidelines;
4. Search policy;
5. Youth rights and grievances;
6.
7. Program rules governing youth conduct and consequences for major rule violations.
(b) In addition to the handbook or brochure, the orientation must also include the following:
1. Introduction to the staff and a tour of the facility grounds;
2. A review of expectations, rules and the behavior management system;
3. A review of the daily activity schedule governing day-to-day operations. The schedule shall be posted to allow for easy reference by youth and staff;
4. A review of emergency medical and mental health services, emergency safety, and the evacuation procedures for the facility;
5. A list of contraband items and materials, and the consequences for introducing contraband into the program;
6. A review of the performance planning process;
7. The average anticipated length of stay to successfully complete the program; and
8. The program’s dress code, which must prohibit pictures, logos, emblems and writing that depict illegal activity, violence, profanity, gang logos or nudity.
Specific Authority 985.433, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.441, 985.601 FS. History–New________.
63D-6.007 Progress Reports.
(1) Staff of a community-based program must complete a progress report at 30-day intervals. The progress report is prepared after a review of the YES Plan, and documents the youth’s progress in the program.
(2) The original report must be sent to the court, with copies to the assigned JPO, state attorney, youth’s attorney, and the youth’s parent(s) or guardian(s). Staff must include a cover letter providing a brief description of the youth’s overall performance, as well as any extraordinary information about the youth.
(3) Youths must be given an opportunity to read the performance summary and add comments.
(4) The summary must be signed and dated by the youth and the staff member who prepared it.
(5) The program director or supervisor must review, sign and date the report prior to distribution.
Specific Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.455(3), 985.601 FS. History–New ________.
63D-6.008 Release.
(1) Release planning must begin during the admission phase and continue in stages.
(a) Upon completion of all sanctions, performance goals, and the determination that supervision is no longer required, the nonresidential program must submit to the JPO a termination summary and a Pre-release Notification and Acknowledgment Form, as incorporated in Rule 63E-7.002, F.A.C., at least 45 days prior to the youth’s release. If the youth is a sex offender, these must be provided 90 days prior to release.
(b) Day treatment programs that supervise youth on probation or minimum risk commitment status must submit a termination summary to the JPO 45 days prior to release, or 90 days prior to release in the case of sex offenders.
(c) Documentation of completed sanctions, including community service hours and restitution, must be forwarded to the JPO.
(2) The JPO shall complete a PACT re-assessment prior to review of the termination summary and obtain supervisor approval prior to submitting a letter, the Pre-release Notification and Acknowledgement form, and the summary to the court within three working days of receipt of the summary and the Pre-release Notification and Acknowledgement form. The nonresidential program, youth, and the youth’s parent(s) or guardian(s) must be sent a copy of this letter.
Specific Authority 985.435, 985.601, 985.64 FS. Law Implemented 985.03, 985.433, 985.435, 985.455(3), 985.601 FS. History–New ________.