63D-10.001: Purpose and Scope
63D-10.002: Diversion Services
63D-10.003: Community Supervision Services
63D-10.004: Violations of Supervision
63D-10.005: Residential Case Management and Transitional Planning
63D-10.006: Termination of Supervision
PURPOSE AND EFFECT: The rule establishes the standards and procedures for the provision of intervention and case management services for youth who have been court-ordered to be supervised by the department, placed in department custody, or have otherwise agreed to participate in a diversion program.
SUMMARY: The rule addresses all stages of service intervention, from diversion through court-ordered probation and aftercare.
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: 985.14, 985.435, 985.64 FS.
LAW IMPLEMENTED: 985.14, 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:
63D-10.001 Purpose and Scope.
This rule establishes the standards and procedures for the provision of intervention and case management services for youth who have been court-ordered to be supervised by the department, placed in the care and custody of the department, or have otherwise agreed to participate in a diversion program in lieu of adjudication.
Rulemaking Authority 985.14, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46, 985.601(3)(a) FS. History– New__________.
63D-10.002 Diversion Services.
(1) Diversion services are 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 juvenile offenders. Referrals are determined based upon the youth’s current offense, delinquency history, and Positive Achievement Change Tool (PACT) results.
(2) Typical interventions of diversion programs include community service hours, restitution, random urinalysis, curfew, anger management, educational training, and vocational services. Diversion programs may also include individual, group, or family counseling provided by licensed mental health providers, and substance abuse education and treatment provided by licensed substance abuse providers. Diversion programs may also include mentoring, providing instruction or imparting guidance outside the formal treatment intervention.
(3) Intensive Delinquency Diversion Services (IDDS) programs provide services to a specific population of juvenile offenders who appear to be at risk of becoming serious and chronic offenders, but who qualify for diversion based on certain criminogenic needs and age at first offense.
(a) The Juvenile Probation Officer (JPO) shall assess if the youth is appropriate for an IDDS program using the PACT. Youth who score moderate-high or high risk to re-offend on the PACT are eligible to participate.
(b) If found ineligible under paragraph (3)(a), youth who have a minimum of one documented risk factor in three of the four areas of family, school, substance abuse, or criminal history are also eligible for an IDDS program.
(c) An IDDS case manager shall be assigned to the youth within seven calendar days of the referral being received by the provider. The case manager shall make face-to-face contact with the youth and parent within seven working days of the provider receiving the referral.
(4) Civil 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 delinquent acts.
(a) A record check of the Juvenile Justice Information System (JJIS) is made by the department to determine program eligibility.
(b) Upon receipt of the citation, the department shall enter the appropriate information into JJIS.
(5) Community arbitration is a diversion option whereby a neutral third party or a panel of citizens from the community listens to the facts and arguments presented by the parties and renders a decision and appropriate sanctions.
(a) The JPO may recommend community arbitration based on program criteria and availability. Section 985.16, F.S., specifically identifies eligibility criteria for community arbitration.
(b) Upon approval of the state attorney, if a case is to be referred to community arbitration, the JPO shall contact the youth and parent(s)/guardian(s) within 48 hours after the complaint is issued to advise them of the requirements and timeframes for arbitration.
(c) If the youth, parent(s)/guardian(s), and the state attorney accept community arbitration, the JPO shall provide copies of the complaint to the arbitrator within 24 hours.
(d) If the youth or parent(s)/guardian(s) are dissatisfied with the disposition of the arbitration proceedings, they may request a review by notifying the JPO within 15 working days. Upon receipt of the request, the JPO shall consult with the state attorney.
(6) Teen court is a diversion option in which first-time juvenile offenders can be diverted from traditional court processing and have their cases reviewed by a jury of their peers. After completion of assigned sanctions, the youth then participates in the process as a jury member and may also be used to serve in the role of prosecuting or defense attorney, judge, bailiff, or clerk. Teen court may accept referrals from the department, state attorney, juvenile court, law enforcement, Child In Need of Services/Families In Need of Services (CINS/FINS) provider, public defender, traffic court, and school officials. Ineligible offenses include third degree felonies involving violence toward a person, grand theft auto, or use of a weapon.
(7) The Juvenile Alternative Services Program (JASP) uses a balanced approach combining sanctions and services that address the needs of the youth, family, and victims. JASP may receive referrals from the department, state attorney’s office, and juvenile court.
(8) The department may operate a diversion program allowing parent(s)/guardians(s) or a community-based diversion program to oversee the youth’s completion of an individualized diversion plan.
(a) The JPO shall develop an individualized diversion plan with sanctions and interventions with input from the state attorney, the youth, and the parent(s)/guardian(s).
(b) The plan shall include a timeframe for completion of the sanctions and intervention services, typically 30 to 90 calendar days for substantial completion.
(9) If the youth fails to comply with the conditions and sanctions of any diversion program, the department shall notify the state attorney.
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__________.
63D-10.003 Community Supervision Services.
(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 primary planning tool for administration and organization of case management services for the youth.
(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:
1. For youth placed on probation at disposition, contact shall be made within three (3) working days of disposition.
2. For youth placed on CR or PCP following release from a residential program, contact shall be made within three (3) working 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 PACT for all youth being supervised by the department on probation, CR, and PCP. The JPO shall update the previous assessment if one was done during the intake process. Otherwise, the JPO shall complete a new risk and needs assessment.
(a) All youth shall have a PACT Pre-Screen 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 PACT, the JPO shall complete a PACT Full Assessment prior to the development of the initial YES Plan.
(4) The initial YES Plan shall be developed within 30 calendar days of disposition, in the case of probation, or release, in the case of CR or PCP, and must be signed by all parties, including the youth, parent(s)/guardian(s), JPO, and Juvenile Probation Officer Supervisor (JPOS).
(a) The youth and parent(s)/guardian(s) shall participate in the development of the YES Plan. The youth and parent(s)/guardian(s) shall participate in the development of action steps and target dates for the completion of all sanctions and goals. The JPO shall document the development process in the case notes.
(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 that clearly defines who is responsible, what action should be taken, and how often the action should be taken.
(c) For youth who are moderate-high or high risk to re-offend, at least one of the top three criminogenic needs shall be addressed by creating a PACT Goal in JJIS. Each PACT Goal shall contain at least one specific action step for the youth, parent(s)/guardian(s), and JPO that clearly defines who is responsible, what action should be taken, and how often the action should be taken.
(d) For youth who are identified by the PACT as high risk to re-offend, the YES Plan shall include an evidence-based intervention 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 parental approval for participation.
(e) The youth and parent(s)/guardian(s) shall be informed of the consequences of failing to comply with the sanctions and goals of the plan.
(f) The youth and parent(s)/guardian(s) shall be provided with a copy of the initial YES Plan upon their review and signature.
(g) Parent/guardian requirements contained in paragraphs (a) through (f) are waived whenever a youth is 18 years of age or older, living independently, or otherwise disengaged from his/her parent(s)/guardian(s) as documented in the case notes.
(5) The JPO shall refer the youth and parent(s)/guardian(s) to the appropriate service(s) and provide support and follow-up as necessary to ensure the completion of sanctions and goals in the YES Plan.
(a) The JPO shall either provide the youth and parent(s)/guardian(s) with referral information or make a direct referral to the service provider within 10 calendar days of the approval of the YES Plan.
(b) The JPO shall make contact with the service provider within 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 compliance issues communicated by the service provider.
(d) The JPO shall document referrals for services, follow-up with the service provider, youth, and parent(s)/guardian(s), and any other related contacts in the case notes.
(6) While the youth is under the supervision of the department on probation, CR, or PCP, the JPO shall make contacts in accordance with his or her professional discretion to ensure compliance with the court order and the completion of YES Plan sanctions and goals. The JPO shall document all case activities, including:
(a) Face-to-face interaction with the youth and parent(s)/guardian(s),
(b) Telephone contact with the youth, parent(s)/guardian(s), and providers, and
(c) Review written or verbal reports from collateral sources, such as educational institutions, employers, counselors, electronic databases, etc.
(7) 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 on a regular basis to ensure that PACT results are reflective of the youth’s current status, including changes in behavior and progress with YES Plan sanctions and goals.
(a) If the youth is low or moderate risk to re-offend, the PACT reassessment shall be done using the PACT Pre-Screen at least once every 180 calendar days.
(b) If the youth is moderate-high or high risk to re-offend, the PACT reassessment shall be done using the PACT Full Assessment at least once every 90 calendar days.
(8) The JPOS shall conduct a supervisory case review of each case at least once every 90 calendar days while the youth is under supervision (Probation, CR, or PCP).
(a) The JPO shall update the youth’s risk and needs assessment (pursuant to paragraphs (7)(a) and (b) above) prior to the supervisory case review.
(b) The JPO shall update Youth Requirements and PACT Goals 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 the course of supervision.
(c) The JPOS shall ensure that the youth is receiving appropriate supervision and interventions.
(d) Within 14 calendar days of the supervisory case review, the JPO shall notify the youth and parent(s)/guardian(s) of the status of the YES Plan, including any changes made during the course of the supervisor case review. This notification may occur verbally or in writing, and shall be documented in the case notes.
Rulemaking Authority 985.14, 985.435, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History–New__________.
63D-10.004 Violations of Supervision.
(1) These rules are applicable to youth on probation and PCP. Non-compliance with the court order for youth on CR shall be addressed through the transfer process defined by Rule 63E-7.012, F.A.C. Possible violations of supervision include the following:
(a) New law violations,
(b) Technical violations, and
(2) The JPO shall investigate all possible violations of supervision. Such investigations shall include interviewing the supervised youth, parents/guardians, school officials, and other important collateral sources as deemed necessary.
(3) In the case of a new law violation, the JPO shall file an Affidavit/Petition for Violation of Probation for any violation that results in the filing of a delinquency petition. All applicable technical violations shall be included in the affidavit. The JPO is not precluded from filing an affidavit 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/IS Form 10, April 2008) is incorporated, and is available from the Assistant Secretary for Probation and Community Intervention at 2737 Centerview Drive, Suite 1300, Tallahassee, FL 32399-3100.
(4) Technical violations involve noncompliance with court-ordered sanctions, such as not reporting to the JPO as directed, failing to complete community service, failing to follow through with a referral, missing school, or failing to make restitution payments. Technical violations shall be addressed through the progressive response system, which shall describe in detail how the JPO should respond when youth under supervision are noncompliant with court-ordered sanctions, considering that responses should be based on public safety, the assessed criminogenic needs and risks of the youth, and how effective the sanction will be in promoting compliant behavior. However, the JPO shall comply with orders of the court that require the reporting of any technical violations.
(a) If the JPO and JPOS decide that a formal court hearing is not needed to address the violation, the JPO shall address the non-compliant behavior with an intervention, such as initiating a behavior contract, conducting a formal staffing with parents, referring the youth for services to address new needs, or increasing supervision. Under no circumstances can a JPO informally modify conditions related to contact with a victim.
(b) If the JPO and JPOS decide that court action is warranted, an Affidavit/Petition for Violation of Probation shall be filed with the state attorney alleging that the youth is in violation of supervision. The affidavit shall be filed within seven calendar days of the JPO becoming aware of the technical violation. Any violation that was previously addressed through progressive response shall be included in the affidavit.
(5) Absconding occurs when a supervised youth goes in a clandestine manner out of the jurisdiction of the court in order to avoid the legal process, or when the youth hides, conceals, or absents himself or herself with the intent to avoid the legal process. Mere absence or not appearing for appointments is not absconding, but may constitute a technical violation of supervision. In order for the youth to meet the criteria for absconding, the JPO shall have cause to believe that the youth is deliberately avoiding supervision, or has removed himself or herself from the home or community. A youth reported by parent(s)/guardian(s) 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.
(b) Within one working 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. The Affidavit for Order to Take Into Custody (DJJ/IS Form 15, February 2009) is incorporated, and is available from the Assistant Secretary for Probation and Community Intervention at 2737 Centerview Drive, Suite 1300, Tallahassee, FL 32399-3100.
Rulemaking Authority 985.14, 985.64 FS. Law Implemented 985.14, 985.435, 985.439, 985.601 FS. History–New__________.
63D-10.005 Residential Case Management and Transitional Planning.
(1) Following a disposition to residential commitment, the JPO shall complete and submit the Commitment/Transfer Packet Checklist in JJIS no less than 24 hours prior to the youth’s placement at the facility.
(2) While the youth is receiving treatment at the residential facility, the JPO shall assist the parent(s)/guardian(s) and program staff as necessary to ensure communication is conducive to the youth’s successful completion of the program. If the JPO is requested by program staff to make contact with the youth, he or she shall respond. Contacts with youth, regardless of the method used must be meaningful and must capture the youth’s progress in the program. At a minimum, the JPO shall have one face-to-face contact with the youth during the transition phase back home if within a 50-mile radius of the home office. Telephonic participation is acceptable outside the 50-mile radius.
(3) Planning for the youth’s transition to the community shall begin at the commitment conference, when the appropriate post-residential services are identified. Planning for the youth’s successful transition involves the ongoing efforts of the youth, parent(s)/guardian(s), treatment team, and JPO. Prior to the youth’s release from residential care the program shall conduct an exit conference to finalize plans for the youth’s release. It is at this time that the JPO shall make post-residential service referrals, if applicable.
(4) In notifying the JPO of the youth’s planned release date, the commitment program, unless its length of stay is 45 calendar days or less, shall forward to the JPO the Pre-Release Notification and Acknowledgment (PRN) form 45 days prior to the youth’s planned release date, and 90 calendar days prior to release for sex offenders who do not meet statutory criteria for involuntary civil commitment of sexually violent predators to the Department of Children and Families (DCF) as set forth in Chapter 394, F.S. The program’s notification to the JPO of release from a low-risk residential program with a length of stay 45 calendar days or less shall be made within 72 hours of the youth’s admission to the program.
(5) If the department concurs with the proposed release date, the JPO shall notify the committing judge of the program’s intent to release and a plan for aftercare supervision using the Request for Release Letter. The Request for Release Letter (DJJ/IS Form 13, May 2009) is incorporated, and is available from the Assistant Secretary for Probation and Community Intervention at 2737 Centerview Drive, Suite 1300, Tallahassee, FL 32399-3100. The letter, along with a copy of the program’s release Performance Summary, shall be delivered to the judge within three working days of receipt of the PRN. Copies of the letter shall be provided to the parent(s)/guardian(s), commitment program, and JPO. The JPO shall return the completed PRN to the commitment program within five working days of receipt of the form.
(6) The court has 10 working days, from receipt, to reject or approve the release. The adult court has 14 working days, from receipt, to reject or approve the release. If the court does not respond within the days specified, the request of the department shall be deemed granted. If the court does not accept the recommended release date, the youth shall be held in the program until a release date is accepted by the court.
(7) In accordance with Chapter 394 F.S., the JPO shall notify the DCF Sexually Violent Predator Program Multidisciplinary Team of the anticipated release of any youth who has been convicted of a sexually violent offense using the approved form. The Sexually Violent Predator Program Multidisciplinary Team Notification Letter (DJJ/BCS Form 24, September 2006) is incorporated, and is available from the Assistant Secretary for Probation and Community Intervention at 2737 Centerview Drive, Suite 1300, Tallahassee, FL 32399-3100. A copy of the written notice shall also be forwarded to the state attorney in the circuit where the youth was adjudicated. Notification to the multidisciplinary team and the state attorney shall take place 180 calendar days prior to the anticipated release of persons age 18 and older from a commitment program and who have been convicted of the sexually violent offenses defined in statute. The transition process for sex offenders who meet the statutory criteria for involuntary civil commitment shall commence 210 calendar days prior to the youth’s anticipated release from the commitment program if the program is a maximum or high-risk program or otherwise one with a length of stay of more than 180 calendar days.
(8) The residential commitment program shall not release any youth subject to the provisions of Chapter 394, F.S., until the DCF multidisciplinary team has determined eligibility and the state attorney’s office has decided whether or not to file a petition. If it is determined that the youth will not be involuntarily committed to DCF, then the JPO shall notify the program using the Notification of the Decision to Not Involuntarily Commit to DCF form.
(9) Cases under the jurisdiction of a juvenile court shall be approved for direct discharge by said court prior to the department completing any direct discharge action. If a youth has reached the maximum age of jurisdiction or completed the maximum term of confinement that an adult would serve for the same offense while in the residential program, the department shall recommend direct discharge.
(a) If a youth commits a violation of law for which he or she is sentenced in the adult system, the department shall pursue direct discharge. To request termination of a youth sentenced as an adult, the JPO shall follow the same procedures used for terminating a case from juvenile court.
(b) When notifying the court of the youth’s discharge date, the JPO shall provide the court with a notification letter that advises the court of the department’s intent to directly discharge the youth and the reason for the direct discharge. The JPO shall also provide the court with a copy of the discharge Performance Summary and the adult court order, if the youth was sentenced in the adult system.
(10) While a youth is on post-residential supervision, he or she will typically reside with parent(s)/guardian(s). However, some youth may be referred to an independent living program. Independent living is a category that focuses on providing an array of specialized services, and for some youth, is an opportunity for a placement outside the family home. The program is intended for youth whose home environment is a barrier to a crime-free return to the community, youth who are homeless, and youth who cannot return to the family home. Youth with sexual offenses, developmental disabilities, and youth with histories of arson, cruelty to animals, or first-degree felonies shall be permitted to participate in an independent living program on a case-by-case basis, and documentation of the youth’s appropriateness shall be maintained in the case file. When a youth is prescribed psychotropic medications, a medication evaluation shall be completed prior to consideration of residential independent living placement. Youths whose adjudication of dependency precedes the adjudication of delinquency should be referred back to DCF for an assessment of eligibility for the independent living program operated for dependent children aging out of foster care.
Rulemaking Authority 985.435, 985.46, 985.64 FS. Law Implemented 985.14, 985.435, 985.46 FS. History–New__________.
63D-10.006 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:
(a) A youth has complied with all court-ordered sanctions,
(b) The department has lost jurisdiction because the youth has reached the maximum age provided in statute, or
(c) The department has lost jurisdiction based upon the maximum period of supervision applicable to the charge.
(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 and 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.
(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/IS Form 12, December 2008) is incorporated, and is available from the Assistant Secretary for Probation and Community Intervention at 2737 Centerview Drive, Suite 1300, Tallahassee, FL 32399-3100. If the youth is on CR, the JPO will follow the procedure described in subsections 63D-10.005(4)-(5), F.A.C., wherein the JPO will complete all documents required of residential commitment facilities.
(4) The JPO shall notify the court 15 working 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.
(5) Within five working days of receipt of the court’s termination order or the date of loss of jurisdiction, the JPO shall update JJIS.
(6) The JPO shall notify the youth and parent(s)/guardian(s) in writing that the youth is no longer under supervision.
(7) Termination shall be sought for youth who are in substantial compliance with restitution and/or 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/or 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. The JPO shall also advise the youth and parent(s)/guardian(s) that the court may request that they enter into a voluntary promissory note for payment. At no time should the JPO become involved in the negotiation or development of the promissory note.
Rulemaking Authority 985.14, 985.64 FS. Law Implemented 985.14, 985.435, 985.601 FS. History–New__________.