Current through Reg. 50, No. 187; September 24, 2024
(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 document developed between the youth,
family, and JPO to plan for the successful completion of court-ordered
sanctions and address criminogenic needs. The Youth Empowered Success Plan
(DJJ/CATFRM 1 08/2019) is incorporated, and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11537.
(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) business days
of disposition.
2. For youth placed
on CR or PCP following release from a residential program, contact shall be
made within three (3) business 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 family.
(3) The JPO shall complete a risk and needs
assessment using the CAT for all youth being supervised by the department on
probation, CR, and PCP.
(a) All youth shall
have a CAT 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 CAT, the JPO shall complete
a CAT Full Assessment prior to the development of the initial YES
Plan.
(4) The initial YES
Plan shall be developed within thirty (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, family, JPO, and JPOS. An electronic
signature for the JPO and JPOS is acceptable.
(a) Once the youth, parent, JPO and JPOS have
signed and dated the initial YES Plan, the JPOS will have thirty 30 calendar
days to enter an initial supervisory review note into the JJIS case notebook
module. The date of the initial supervisory review note shall serve as the
starting point for determining when all subsequent ninety (90)-day supervisory
reviews shall be due.
(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, family, and JPO. Action steps shall clearly indicate who is
responsible, what action shall be taken, and how often the action should be
taken. If sanctions need to be completed during supervision, but are not going
to start immediately, the requirement status shall be marked as pending. The
requirement start date shall be estimated and the youth requirement shall be
reassessed at each ninety (90)-day period. Once the sanction begins, the action
steps must be completed. The JPO is responsible for monitoring court ordered
restitution payments but are prohibited from accepting or receiving payments in
any form.
(c) For youth who are
moderate-high and high risk to re-offend, at least one of the top three
criminogenic needs shall be addressed by creating a Change Goal in JJIS. The
Change Goal is a performance goal for the youth on his or her YES Plan that
specifically documents the selected criminogenic need to be
addressed.
(d) For youth who are
identified as high risk to re-offend, the YES Plan shall include a delinquency
intervention that is recognized by the department as an evidence-based
practice, a promising practice, or a practice with demonstrated effectiveness,
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 family shall be informed of
the importance of complying and successfully completing the YES Plan and shall
be provided with a copy of the approved YES Plan within ten (10) calendar days
of approval.
(5) The JPO
shall refer the youth and parent(s)/guardian(s) to the appropriate service(s)
and provide support and follow-up as identified below to ensure the completion
of sanctions and goals in the YES Plan.
(a)
The JPO shall make a direct referral to the service provider within ten (10)
calendar days of the approval of the YES Plan.
(b) The JPO shall contact the service
provider within thirty (30) calendar days of the approval of the YES Plan to
ensure that the youth and family 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 family
on any treatment challenges communicated by the service
provider.
(6) While the
youth is under the supervision of the department the JPO shall make contacts
with the youth and family to ensure the youth's compliance with the court order
and the completion of YES Plan sanctions and goals. These contacts shall be
made at youth reporting centers, the youth's home, school, the probation
office, or other community-based location.
(a)
During the initial one-hundred and eighty (180) days of the youth's
supervision, which includes youth who are committed minimum-risk, the JPO shall
utilize the most current CAT risk to re-offend level to determine the minimum
number of face to face contacts.
1. Low and
moderate risk to re-offend youth require, at a minimum, one face-to-face
contact per month.
2. Moderate-high
and high risk to re-offend youth require, at a minimum two face-to-face
contacts per month. For moderate-high and high risk youth that are
participating in a law enforcement officer (LEO) service such as curfew
monitoring, weekend community service projects, mentoring, a monthly collateral
contact with a LEO shall be counted as one personal face-to-face contact with
the youth.
(b) If after
one-hundred and eighty (180) days, the youth has successfully completed all
sanctions and services, and has no pending new law or technical violations of
supervision, the JPO shall submit a termination request to the court, and
reduce the frequency of contacts as follows:
1. Low and moderate risk to re-offend youth
require, at a minimum, one contact per month (face-to-face or by
telephone).
2. Moderate-high-and
high risk to re-offend youth require, at a minimum one face-to-face contact per
month.
3. The JPO is permitted to
step a youth down if restitution/court fees are the only sanction remaining so
long as the youth has made a good faith effort to make regular
payments.
4. If the youth incurs a
new-law or technical violation of supervision during this time, the contact
schedule shall revert to that which is outlined in the initial one-hundred and
eighty (180) days.
5. Regardless of
the CAT risk to re-offend level, the JPO shall make, at a minimum, one contact
with the youth's parent(s)/guardian(s), monthly. This requirement can be
satisfied through face-to-face contact, telephone, email, or other electronic
methods that can be adequately documented.
(7) Prolific Juvenile Offender (PJO) youth
shall be contacted as follows, until the youth no longer meets the PJO
eligibility criteria:
(a) Three contacts
weekly face-to-face with the youth (LEO contacts with the youth do not
count).
(b) One (1) face-to-face
contact with the parent biweekly and one (1) weekly evening telephone call with
the parent to verify curfew.
(c)
During the initial twenty-one (21) days of PJO supervision, at least one face
to face contact with the youth should occur on a Saturday or Sunday.
(d) PJO youth shall participate in a law
enforcement curfew program, if available.
(8) 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 to ensure that CAT results are reflective of the youth's
status, including changes in behavior and progress with YES Plan sanctions and
goals.
(a) Re-assessments shall be done
anytime there is a new law violation, after each new disposition, and as pre
and post testing for all delinquency interventions.
(b) Youth who score low or moderate risk to
reoffend upon program completion do not require a full CAT
reassessment.
(c) At a minimum,
assessments shall not be more than six months old for any youth on
supervision.
(d) Final assessments
are required for all youth within the last thirty (30) days of
supervision.
(9) The JPOS
shall conduct a supervisory case review of each case at least once every ninety
(90) calendar days while the youth is under supervision.
(a) The JPO shall update Youth Requirements
and CAT 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 supervision.
(b) The JPO shall update the youth's risk and
needs assessment pursuant to subsection (8) prior to the supervisory case
review.
(c) The JPO shall update
the YES Plan every ninety (90) days prior to the supervisory review. This
includes developing a new YES Plan in JJIS. Printing and signing the form is
not required. Hand written modifications are allowed between formal 90-day
supervisory review updates.
(d)
Within fourteen (14) calendar days of the supervisory case review, the JPO
shall notify the youth and parents(s)/guardian(s) of the status of the YES
Plan, including any changes made during the supervisory case review. This
notification may occur verbally or in writing and shall be documented in the
JJIS case notebook module.
(10) If a youth is placed in adult jail, the
JPO shall continue case management responsibilities.
(a) The YES Plan shall become inactive and a
"cannot complete" entered in the CAT. The YES Plan and CAT processes shall
resume upon the youth's release.
(b) If a youth is placed in adult jail, the
JPO shall within two (2) business days of having knowledge that the youth is in
jail:
1. Contact jail administration to
request notification when or if the youth is released or bonded out of
jail.
2. Make a face-to-face
contact with the youth to explain that he/she will continue to be under DJJ
supervision until jurisdiction expires or otherwise ordered by the court, and
shall instruct the youth that, immediately upon release from jail, he/she must
contact the assigned JPO to schedule a face-to-face appointment.
3. Contact the youth's family to explain that
the youth will continue to be under DJJ supervision until jurisdiction expires
or otherwise ordered by the court, and that the youth shall immediately upon
release from jail, contact the assigned JPO to schedule a face-to-face
appointment.
4. While the youth is
in adult jail, a JPO shall make a minimum of one (1) face-to-face contact with
the youth each month.
(c)
Youth supervised by a provider who are in adult jail longer than ten (10)
calendar days must be terminated/discharged from the provider program. The
youth may be referred to the provider program upon his/her release from adult
jail.
(d) Within three (3) business
days of the youth's release from jail, the JPO shall conduct a face-to-face
meeting with youth and family to complete a new CAT and to renegotiate action
steps contained in the YES Plan, if applicable. The JPO shall remind the youth
and family that the same court-ordered sanctions and interventions are in
effect as before he/she entered jail.
(e) Youth may be on dual status with the
adult authorities, either the Department of Corrections or local county
probation office. In such situations, the JPO shall establish open lines of
communication and routinely contact his/her counterpart and share and request
any information related to the youth's progress or violations of
supervision.
Rulemaking Authority 985.64, 985.601 FS. Law Implemented
985.43514, 985.601 FS.
New 5-4-20.
