Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 12, March 26, 2010 issue of the Florida Administrative Weekly.

63D-9.001 Purpose and Scope.

This rule establishes uniform procedures for conducting and documenting detention screening, intake, risk and needs assessments, comprehensive assessments, and comprehensive evaluations of youth to allow 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 Risk Assessment Instrument (DRAI)~~, an automated tool containing the key data elements prescribed by statute for decision-making about detention placement~~. The DRAI is 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. The DRAI (DJJ 2049, March 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. When a youth is delivered to the department for detention screening, the screener shall also look into the risk of suicidal behaviors. This screening is initiated through a process which includes administration of the 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 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. The PACT (September 10, 2007) 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 SRSI (MHSA 002, August 2007) is incorporated, and is available from the Assistant Secretary for Probation and Community Intervention at 2737 Centerview Drive, Suite 1300, Tallahassee, Florida 32399-3100.

(b) through (d) No change.

(2) No change.

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 ________.

63D-9.002 Detention Screening.

(1) The Detention Risk Assessment Instrument (DRAI) directs the decision-making process as to whether detention care is warranted and whether the youth should be placed into secure detention, home detention, or some other form of non-secure detention status.

(a) The DRAI (DJJ 2049, March 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.

(a)~~(b)~~ The DRAI shall consist of the following six (6) sections:

1. Section I: Identifying Data,

2. Section II: Admission Criteria,

3. Section III: Risk Assessment,

4. Section IV: State Attorney Review/Decision,

5. Section V: Screening Decision, and

6. Section VI: Narrative.

(2) through (4) No change.

(5) Section III-E of the DRAI, which scores aggravating or mitigating factors, allows the JPO to take into account relevant issues that are not scored in other parts of the DRAI, ensuring the appropriateness of detention and release decisions.

(a) The JPO shall consider any aggravating or mitigating circumstances that may exist. Aggravating factors shall include: youth having a history of absconding, unusual number of prior offenses, offender’s attitude presenting a clear and present danger to the victim, victim suffers substantial physical or emotional injury, extreme cruelty was involved in the offense, offense was committed by a youth engaged in organized gang activity. Mitigating circumstances shall include: youth’s age and maturity, a significant change in the youth’s living circumstances subsequent to the offense providing increased stability and supervision, youth was accompanied by an adult who influenced youth’s involvement in the offense, victim suffered little or no injury or property loss, youth suffers from an intellectual impairment which affects decision-making.

(b) Because the DRAI is intended to be an independent and impartial measure of the risk posed by each youth, the decision to either aggravate or mitigate shall not be determined by pressures from outside influences that may lack objectivity.

~~(c) The JPO shall not consider factors that are accounted for elsewhere in the DRAI.~~

(c)~~(d)~~ The JPO shall fully explain what aggravating or mitigating factors were considered in the narrative portion of Section VI.

(6) No change.

Rulemaking Authority 985.245, 985.64 FS. Law Implemented 985.145, 985.24, 985.245, 985.25, 985.255 FS. History– New_________.

63D-9.003 Intake Services.

(1) through (3) No change.

(4) An initial conference with the youth and parent(s)/guardian(s) shall be held for all cases unless the youth and parent(s)/guardian(s) refuse or are unable to participate. The initial conference is voluntary until the youth enters a plea (guilty or no contest) or the youth is found guilty.

(a) The conference may be completed at a juvenile assessment center (JAC), at a detention center, or in the office of the JPO~~, or other suitable location~~.

(b) During the 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 a risk and needs assessment.

(c) The JPO shall obtain written consent for substance abuse treatment from the youth and parent at the intake conference for all youth with substance abuse needs.

(5) No change.

(6) The PDR is a multidisciplinary assessment that reports the youth’s priority needs, recommendations as to a classification of risk for the youth in the context of his or her program and supervision needs, and 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 is a report detailing the department’s recommendation for disposition and interventions to address the youth’s criminogenic needs in the most appropriate and least-restrictive environment that reasonably ensures public safety. The PDR (DJJ/IS Form 8, 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.

(a) The PDR shall include an intervention plan that recommends the most appropriate placement to meet the youth’s needs at the minimum restrictiveness level that reasonably ensures public safety and the youth’s accountability.

(b) While the JPO has the final responsibility for making recommendations, the youth and parent(s)/guardian(s) shall be given an opportunity to be involved in the development of sanctions and intervention plans.

(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 within statutorily mandated timeframes.

(e) The JPO shall complete a Post-Disposition Report, which, like the predisposition report, indicates what the child’s risks and priority needs are, but is only completed if residential commitment has been ordered by the court without a predisposition report ever having been ordered ~~when residential commitment has been ordered by the court without the benefit of a PDR~~. In order to ensure appropriate placement and services, the Post-Disposition Report shall be completed within 14 working days following the disposition. The Post-Disposition Report (DJJ/IS Form 8, 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.

(7) The department is required to complete an Adult Sentencing Summary for youth being tried as an adult. This is a written summary regarding a youth’s history with the Department of Juvenile Justice, which is used when the court is deciding whether a youth should be sentenced to the adult or juvenile justice system. This document provides detailed information relevant to the youth’s current 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. ~~This information is included in the Pre-Sentence Investigation submitted to the court by the Department of Corrections.~~ The Adult Sentencing Summary (DJJ/IS Form 29, 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, 985.145, 985.64 FS. Law Implemented 985.14, 985.145, 985.43, 985.565, 985.43, 985.435, 985.46 FS. History–New ________.

63D-9.004 Risk and Needs Assessment.

(1) The JPO shall conduct a risk and needs assessment on all youth charged with a criminal or delinquent offense using the Positive Achievement Change Tool (PACT). The PACT ~~Pre-Screen~~ is completed while screening a youth for detention eligibility or during the initial intake conference.

(2) The JPO administering the PACT shall use the results to determine whether a referral for further assessment or immediate intervention shall be made. The JPO shall refer youth directly to the designated assessment provider(s) for the comprehensive assessment using the PACT Mental Health and Substance Abuse Screening Report and Referral Form. The PACT Mental Health and Substance Abuse Screening Report and Referral Form (DJJ/PACTFRM 1 10/2006) is incorporated, and is available from the Assistant Secretary for Probation and Community Intervention at 2737 Centerview Dr., Suite 1300, Tallahassee, FL 32399-3100.

(a) If the youth is to be released to the parent(s)/guardian(s), the parent(s)/guardian(s) shall be informed of the results of the PACT 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. The parent(s)/guardian(s) shall be provided a copy of the completed PACT Mental Health and Substance Abuse Screening Report and Referral Form.

(b) For detained youth, the PACT results shall be forwarded to the detention center where the youth is detained. The JPO shall provide written notification to the detention center using the PACT Mental Health and Substance Abuse Screening Report and Referral Form of any need for crisis intervention for youth who are indicated as at-risk for suicide, and shall notify the detention center of any need for referral to the center’s mental health professional for youth who are in need of further mental health or substance abuse evaluation.

(3) through (4) No change.

Rulemaking Authority 985.14, 985.145, 985.64 FS. Law Implemented 985.14, 985.145 FS. History–New ________.

63D-9.005 Comprehensive Assessment.

(1) A comprehensive assessment is a report on the 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. The comprehensive assessment is designed to guide the department to the right level of intervention based on the unique needs of the individual youth. A comprehensive assessment may be completed using either the Substance Abuse and Mental Health (SAMH-2 and SAMH-3) process or an equivalent department-approved instrument. The SAMH-2 (DJJ/PP Form 36, February 2005) and SAMH-3 (DJJ/PP Form 37, February 2005) are incorporated, and are available from the Assistant Secretary for Probation and Community Intervention at 2737 Centerview Drive, Suite 1300, Tallahassee, FL 32399-3100.

(2) The comprehensive assessment shall be administered in a timely fashion.

(a) The designated provider shall complete the comprehensive assessment within 10 calendar days for youth in secure detention. The provider shall complete the comprehensive assessment within 14 calendar days for youth not in secure detention. The timeframe for completion may be modified by order of the court.

(b) If a provider takes longer than 14 calendar days to complete a comprehensive assessment, the JPO shall notify the Chief Probation Officer (CPO) or designee, who shall notify the local Department of Children and Families (DCF) program administrator. The CPO shall request the program administrator to develop a plan to improve performance or change providers.

(3) through (7) No change.

(8) All individuals involved in the comprehensive assessment process shall comply with the confidentiality requirements of Section 985.04, F.S.~~, and other applicable provisions of Florida Statutes.~~

Rulemaking Authority 985.14, 985.145, 985.64 FS. Law Implemented 985.14, 985.145 FS. History–New ________.

63D-9.006 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. The comprehensive evaluation is designed to guide the department to the right level of intervention, usually delivered in a residential setting, based on the unique needs of the individual youth.

(2) The JPO shall forward the signed authorization and referral packet to the provider that is responsible for completing the comprehensive evaluation. The referral packet shall include the following items:

(a) School information such as grades, behavior records, attendance, and IQ scores,

(b) Arrest affidavit, violation of supervision, or transfer request,

(d) PACT Mental Health and Substance Abuse Screening Report and Referral Form,

(e) PACT results,

(f) Any prior assessments available ~~(i.e. SAMH-2, psychological, or bio-psychosocial)~~,

(g) Any prior medical information available,

(h) Available job history and vocational training history,

(i) Latest PDR (if available), and

(j) A signed Authority for Evaluation and Treatment (AET), which is the document that, when signed by a parent or guardian, gives the department the authority to assume responsibility for the provision of necessary and appropriate physical and mental health care to a youth in the department’s physical custody. The AET (HS 002, May 2007) is incorporated into this rule and is accessible electronically at http://www.djj.state.fl.us/forms/health_services_forms_index.html ~~frm (HS 002, May 2007)~~.

(3) The JPO shall ~~conduct a pre-conference~~ review the youth’s case with the JPO supervisor to determine whether or not to pursue a commitment recommendation for the youth. If the result of this review ~~the pre-conference~~ is a recommendation for commitment, then the JPO shall work with a DJJ commitment manager in order to conduct a multidisciplinary assessment as defined in subsection 63D-8.001(14), 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 child’s needs with the minimum program security needed that reasonably ensures public safety ~~schedule a comprehensive evaluation and a commitment conference~~. A DJJ commitment manager presides over the commitment staffing and, with the input of conference participants, and informed by the completion of a comprehensive evaluation, the commitment manager determines what the department’s recommendation to the court will be.

(4) If a residential commitment is being considered or has been ordered by the court, a comprehensive evaluation shall be scheduled with the provider on contract with the circuit to complete the evaluations. The evaluation shall be provided to the commitment manager prior to the commitment conference. If the evaluation is not completed by the date of the commitment conference, the JPO shall make every effort to obtain a draft for the conference.

(5) A comprehensive evaluation is also required when youth on conditional release are pending transfer back to residential commitment~~, a comprehensive evaluation is required for the transfer staffing~~. If the comprehensive evaluation completed prior to commitment is over 12 months old, a new evaluation shall be completed to facilitate the transfer process.

(6) Providers shall ensure all staff conducting comprehensive evaluations are either licensed or certified under applicable law for the position they hold or, if not licensed or certified, they work under the direct supervision of a licensed mental health professional and have received a Master’s degree in one of the academic disciplines required for licensure by statute.

Rulemaking Authority 985.14, 985.145,985.64 FS. Law Implemented 985.14, 985.145, 985.18, 985.185 FS. History–New ________.