PURPOSE AND EFFECT: The rule provides centralized definitions for common terms relating to the provision of probation services for juveniles.
SUMMARY: The rule addresses common terminology for juvenile probation services.
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 FS.
LAW IMPLEMENTED: 985.03, 985.135, 985.14, 985.145, 985.24, 985.245, 985.433, 985.435, 985.46, 985.601 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Tuesday, April 20, 2010, 10:00 a.m.
PLACE: DJJ Headquarters, 2737 Centerview Drive, General Counsel’s Conference Room 3223, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Milla, 2737 Centerview Dr., Ste. 3200, Tallahassee, FL 32399-3100, e-mail: firstname.lastname@example.org
THE FULL TEXT OF THE PROPOSED RULE IS:
For the purpose of Chapters 63D-9 through 63D-12, F.A.C., the following terms are defined as follows:
(1) Chief Probation Officer (CPO) – The department employee who is responsible for managing community-based program operations and staff within each of Florida’s twenty judicial circuits.
(2) 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, and other parties involved in the youth’s case.
(3) 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.
(4) Comprehensive Assessment – The gathering of information for the evaluation of a youth’s physical, psychological, educational, vocational, social condition and family environment 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.
(5) Comprehensive Evaluation – The gathering of information 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.
(6) 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.
(7) Criminogenic needs – Critical factors identified during the assessment process that have been statistically proven to predict future criminal behavior.
(8) Detention Risk Assessment Instrument (DRAI) – The instrument used to determine if a youth meets detention criteria and to determine whether a youth should be placed in secure, non-secure, or home detention care prior to a detention hearing.
(9) Direct discharge – The release of a youth from a residential commitment facility without any court ordered requirements for community supervision by the department.
(10) 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.
(11) 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.
(12) Juvenile Probation Officer (JPO) – An employee of the department responsible for the intake of youth upon arrest and the supervision of youth on court ordered supervision in the community. The JPO serves as the primary case manager for the purpose of managing, coordinating and monitoring the services provided and sanctions required for each youth. In this rule chapter, whenever a reference is made to the objectives and duties of a JPO, it shall also apply to case management staff of a provider agency contracted to perform these duties and objectives.
(13) 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.
(14) Positive Achievement Change Tool (PACT) – The primary assessment instrument used by the JPO to determine the youth’s risk to re-offend and identify criminogenic needs that require intervention. The Pre-Screen is completed and maintained for all youth who are referred to the department. The Full Assessment is completed and maintained for all youth who have been placed under the jurisdiction of the department by the court and have been identified as moderate-high or high risk to re-offend by the Pre-Screen.
(15) PACT Mental Health and Substance Abuse Screening Report and Referral Form – The form used by the JPO to refer the youth for a Comprehensive Assessment whenever the results of the PACT Pre-Screen indicate further assessment is required.
(16) 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.
(17) Preliminary Screening – The gathering of preliminary information to be used to determine a youth’s need for further evaluation or assessment or for referral for other substance
abuse services through means such as psychosocial interviews, urine and breathalyzer screenings, and reviews of available educational, delinquency and dependency records of the youth.
(18) Probation – 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.
(19) 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. The form (HS 051, January 2008) is incorporated, and is accessible electronically at: http://www.djj.state.fl.us/forms/health_services.
(20) 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.
(21) Violation of supervision – A noncompliant act committed by a youth that violates the conditions of the probation or post-commitment probation court order.
(22) Youth-Empowered Success (YES) Plan – The document developed by the youth, parent(s)/guardians(s), and JPO to plan for the completion of court-ordered sanctions and address criminogenic needs.
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________.