63H-1.001: Purpose and Scope
63H-1.002: Definitions
63H-1.003: Authorized Levels of Response
63H-1.011: Rehired Employee Training
PURPOSE AND EFFECT: The amendments clarify the purpose and scope to reflect the agency preference for verbal intervention and the least restrictive means of physical intervention. Definitions of “program” and “facility” are amended to specify that day treatment and facility-based conditional release will be deemed “facilities”, while community-based conditional release will be deemed “programs”. A form is updated, and the threshold for a level 2 physical response is clarified to require an identifiable risk to safety and security. The rule section governing training upon rehiring is also amended.
SUMMARY: The amended rule clarifies the purpose and scope, makes necessary changes to definitions, updates a form, and clarifies the authorized level of response for the department's verbal and physical intervention techniques. The amended rule also changes the training requirements for rehired staff.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 985.64, 985.645 FS.
LAW IMPLEMENTED: 985.645 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, November 19, 2008, 10:00 a.m.
PLACE: DJJ Headquarters, 2737 Centerview Dr., General Counsel's Conference Room 3223, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Milla, 2737 Centerview Dr., Ste. 3200, Tallahassee, FL 32399-3100, e-mail: john.milla@djj.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
63H-1.001 Purpose and Scope.
This rule establishes a statewide framework to implement procedures governing the use of verbal and physical intervention techniques and mechanical restraints. Protective Action Response (PAR), as authorized by the department, shall be the verbal and physical intervention program trained and utilized by direct care staff in state-operated and contracted facilities and programs. PAR verbal intervention is the most common and preferred method of preventing or de-escalating conflict. It is the intent of the department that the least restrictive means of physical intervention be employed based on the individual needs of each youth.
Specific Authority 985.405, 985.4055 FS. Law Implemented 985.4055 FS. History–New 11-19-06, Amended__________.
63H-1.002 Definitions.
(1) through (11) No change.
(12) Facility – A contracted or state-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, and residential commitment programs, day treatment programs, and contracted facility based conditional release programs.
(13) through (23) No change.
(24) 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, non-secure detention, home detention, juvenile assessment centers, Intensive Delinquency Diversion Services (IDDS) programs, community based conditional release programs and, screening and intake units, and day treatment programs. This does not include prevention programs.
(25) through (28) No change.
(29) PAR Incident Report – The form used to document the occurrence of an event where an employee has used one of the enumerated physical intervention techniques. The PAR Incident Report (ADSD-005, revised 6/23/08 6/01/06) is incorporated by reference, and is available at the department’s website (http://www.djj.state.fl.us/forms/sd/par_incident_report.pdf).
(30) through (36) No change.
Specific Authority 985.4055, 985.405 FS. Law Implemented 985.4055 FS. History–New 11-19-06, Amended 3-4-07,__________.
63H-1.003 Authorized Levels of Response.
(1) LEVEL 1 RESPONSE – This level of employee response consists of verbal intervention techniques and shall be utilized in response to all levels of resistance by the youth. Verbal intervention techniques shall be the initial response by an employee to resistance by a youth except where physical intervention techniques are necessary to prevent: physical harm to the youth, employee or another person; property damage; or the youth escaping or absconding from lawful supervision.
(2) LEVEL 2 RESPONSE – In this level of response, verbal attempts to diffuse a youth or situation have been exhausted, and the youth has initiated passive, active, combative, or aggravated resistance. There will be no physical intervention for passive resistance without a clear and identifiable risk to safety and security. Physical intervention techniques may encompass the use of touch, countermoves, control techniques, or takedowns as described in Rule 63H-1.004, F.A.C.
(3) LEVEL 3 RESPONSE – This level of response involves the use of mechanical restraints. The use of mechanical restraints is authorized in situations where a youth has initiated active, combative, or aggravated resistance, and in situations where a youth poses a physical threat to self, employees, or others. Rules 63H-1.005-.007, F.A.C., explain the duties and responsibilities of employees when using mechanical restraints. Rule 63H-1.004, F.A.C., describes the authorized mechanical restraint techniques for facility employees.
(4) All responses shall be commensurate with the youth’s level of resistance according to the PAR Escalation Matrix and this rule.
(a) Additionally, 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.
(b) 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.
(c) PAR certified employees shall immediately report the following intervention actions to their immediate supervisor or acting supervisor, and these incidents shall be documented per Rule 63H-1.007, F.A.C.:
1. Level 2 responses including countermoves, control techniques, and takedowns.
2. Level 3 applications of soft or hard mechanical restraints.
(d) In the event a youth is armed with a weapon or firearm and there is imminent danger of bodily harm or death, facility and program employees shall, if possible, isolate or contain the youth and request emergency assistance from law enforcement if application of the PAR Escalation Matrix is insufficient to control the youth.
(e) If a youth is in the process of inflicting grave bodily harm, or possible death, upon others or self, facility and program employees shall immediately contact law enforcement. Employees are authorized to use reasonable and necessary means to stabilize the situation.
Specific Authority 985.405, 985.4055 FS. Law Implemented 985.4055(2)(a) FS. History–New 11-19-06, Amended_________.
63H-1.011 Rehired Employee Training.
(1) through (2) No change.
(3) If an employee is rehired after 12 calendar months but within 24 calendar months of termination, the employee must satisfy the following requirements:
(a) Attend a minimum of 8 hours of remedial training;, and
(b) Obtain 100% satisfactory performance of the techniques specified on the employee’s PAR Training Plan using the PAR Performance Evaluation; and.
(c) Obtain a minimum score of seventy-five percent (75%) on the PAR written exam.
(4) If an employee is rehired after 24 calendar months of termination, he or she is no longer considered certified and must complete all requirements as outlined in Rule 63H-1.009, F.A.C.
Specific Authority 985.405, 985.4055 FS. Law Implemented 985.4055(2)(b) FS. History–New 11-19-06, Amended_________.