Current through Reg. 50, No. 187; September 24, 2024
(1)
Youth
Admission.
(a) Based on coordination of
admissions initiated by the regional commitment manager or commitment manager
supervisor, a residential commitment program shall accept new admissions Monday
through Friday between 8 a.m. and 5 p.m. unless otherwise specified in its
contract with the department.
(b)
Admissions must arrive via detention services' Statewide Transportation and
Relocation System (STARS) unless the youth resides in and will be placed in the
same detention coverage area.
(c) A
residential commitment program shall inspect the electronic commitment or
transfer packet prior to a youth's admission and, if any core documents are not
included in the packet, shall contact the JPO or JPO supervisor to request the
missing documents be faxed or electronically transmitted to the program. The
core documents are as follows:
1. DJJ face
sheet;
2. Current commitment
order;
3. Predisposition
Report;
4. Commitment conference
summary; and
5. Individual Health
Care Record, if it exists from a prior commitment or placement in
detention.
(d) The
department shall provide all requested documents as outlined above. When the
residential commitment packet is marked as complete in JJIS the youth shall be
placed on an active to-be-placed list. If the department does not provide the
requested information within two working days, the residential program shall
notify the Regional Director for Residential and Correctional Facilities and
the Regional Director for Probation and Community Corrections of this action.
The youth continues his or her status of awaiting residential placement while
the department immediately pursues acquisition or production of the missing
core documents, thereby expediting the youth's subsequent admission to the
residential commitment program.
(e)
A residential commitment program shall communicate internally on admissions as
follows:
1. Program staff responsible for
admission are notified when a new admission is scheduled to arrive and the
youth's name, date and time of anticipated arrival, mode of transportation,
medical and mental health needs, and any safety or security risks are
documented in the program's logbook.
2. The Designated Health Authority or
designee must be notified of all youth admitted with a medical
condition.
3. Information included
in the commitment or transfer packet is distributed to program staff as their
job functions dictate.
4. The
Program Director or Designee and Designated Mental Health Clinician Authority,
must be notified when a youth is admitted on Suicide Risk Alert in JJIS or was
on Suicide Precautions immediately prior to admission to the
program.
(f) When a youth
is admitted to a residential commitment program, the program shall make
notifications as follows:
1. Within 24 hours
of any admission or on the first regular workday of the following week when the
youth is admitted on a holiday, a weekend or a Friday afternoon, the program
shall update the JJIS Bed Management System.
2. The program shall notify the youth's
parent(s) or guardian by telephone within 24 hours of the youth's admission,
and send follow-up written notification within 48 hours of admission.
3. The program shall notify the committing
court in writing within five working days of any admission.
4. Copies of the letter sent to the
committing court shall also be provided to the youth's JPO and will suffice as
official notification to the youth's JPO and, if known at the time of
admission, the youth's post-residential services counselor.
(g) Deoxyribonucleic Acid (DNA). Although it
is the intent that deoxyribonucleic acid (DNA) samples be collected prior to a
youth's admission to a residential commitment program, if a youth who meets the
DNA testing criteria pursuant to chapter 943, F.S., is admitted to the facility
without DNA testing, the program shall contact Florida Department of Law
Enforcement (FDLE) to verify whether or not a DNA sample is on file for the
youth. If not, the program shall collect DNA samples, using the test kit and
accompanying instructions provided by FDLE, submit them to FDLE no later than
45 days prior to a youth's release, and document these actions in the youth's
individual management record.
(h)
Sexually Violent Predator Screening. If the residential commitment program
suspects that a youth has been admitted without documentation of being screened
as a sexually violent predator pursuant to chapter 394, F.S., the program shall
notify the youth's JPO within three days of the youth's admission. If the JPO
does not respond within five working days, the program shall notify the JPO's
supervisor. If not resolved within 10 days of the program's original request,
the program shall notify the department's residential monitor assigned to the
program.
(2)
Youth
Intake. The intake process shall incorporate Trauma Responsive
Practices.
(a) The residential commitment
program shall develop a policy and procedure related to youth intake commencing
upon the arrival to the program, which shall include, at a minimum, the
following:
1. The use of strategies to ensure
the youth's comfort level and to gauge their emotional state during the intake
process.
2. An explanation of the
intake process and all the steps and timetable that will occur as a part of
this process. Ensure that rationale for any potentially invasive experiences
are provided both at this introduction and prior to each
step.
(b) A full body
visual search shall occur for each youth and is designed to check for weapons
or concealed items that may pose a safety risk to the youth or to others. The
search is also designed to document any distinguishing marks or signs of
maltreatment or injury.
1. The program shall
conduct the full body visual search in a comfortable, private room with two
staff members present, both of the same gender as the youth being searched.
When two staff of the same gender are not available, the search may be
conducted by one staff of the same gender, while a staff of the opposite gender
is positioned to observe the staff person conducting the search, but cannot
view the youth.
2. Staff conducting
the full body visual screening shall visually inspect the youth, without
touching the unclothed youth.
3.
Staff conducting the full body visual screening shall document any visible body
markings, i.e. scars, bruises, tattoos, or other physical
injuries.
(c) A
residential commitment program shall complete the following entry screenings
immediately upon a youth's admission. These screenings are used to identify any
emergency medical, mental health, or substance abuse conditions of a nature
that render admission unsafe or warrant immediate attention. These screenings
are also used to identify any need for further evaluation.
1. Healthcare Admission Screening shall be
conducted for every youth.
2. To
screen for mental health and substance abuse, the program shall ensure
administration of either the Massachusetts Youth Screening Instrument, Second
Version (MAYSI-2) or a Clinical Mental Health Substance Abuse Screening. A
direct care staff may assist the youth with the self-administration of the
MAYSI-2 on JJIS if he or she is trained in the administration and scoring of
the MAYSI-2 consistent with the department's learning management system
requirements. However, a clinical mental health screening shall only be
conducted by a licensed mental health professional, and a clinical substance
abuse screening shall only be conducted by a licensed qualified
professional.
(d) All
youth admitted to residential commitment programs shall be screened for
vulnerability to victimization and sexually aggressive behavior prior to room
assignment. Room assignments by staff shall ensure a youth's potential for
victimization or predatory risk has been reviewed. The screening will be
completed using a tool that addresses the following:
1. Prior sexual victimization or abusiveness
as well as other forms of interpersonal victimization;
2. Any gender nonconforming appearance that
makes the youth vulnerable to sexual abuse;
3. Current Charges and offense
history;
4. Age;
5. Level of emotional and cognitive
development;
6. Physical size and
stature;
7. Mental illness or
mental disabilities;
8.
Intellectual or developmental disabilities;
9. Physical disabilities;
10. Youth's perception of vulnerability;
and
11. Any other specific
information about individual youth that may indicate heightened needs for
supervision, additional safety precautions, or separation from certain other
youth.
(e) Youth may not
be disciplined for refusal to answer any particular question on the screening
instrument or for not disclosing complete information.
1. Information gathered by the admissions
staff shall be entered into the youth case file. Should information be obtained
during the screening that could affect the youth's status (example: admission
of sexual assault on others) this information shall also be transmitted to the
appropriate staff making room assignment decisions.
2. If the youth discloses prior sexual
victimization or perpetrated sexual abuse based on the intake screening
information, health/mental health screening information or health history
information gathered, whether it occurred in a facility setting or in the
community, then staff shall ensure the youth is referred for medical and mental
health services
3. Staff shall
ensure that any report of sexual abuse obtained during screening be immediately
reported to the proper authorities if the abuse has not previously been
reported.
4. Medical and mental
health practitioners shall obtain informed consent from youth 18 years of age
and older before reporting information about prior sexual victimization that
did not occur at the facility.
5.
Information gathered from screenings related to sexual victimization or
abusiveness shall be strictly limited to medical and mental health
practitioners and other staff, to guide treatment plans and security and
management decisions, including housing, bed, work, education, and program
assignments.
6. The completed
screening instrument will be placed in the youth's medical
file.
(f) Unless a youth
is being admitted into a residential commitment program directly from secure
detention, a correctional facility, or another program, a shower, including
shampooing hair, is required. Two staff of the same gender as the youth shall
supervise the newly admitted youth during this shower.
(g) The program shall issue clothing to each
youth that is appropriate for size and climate and consistent with the
program's dress code.
(3)
Inventory of Youth's Property.
(a) A residential commitment program shall
inventory each youth's personal property upon admission and document the
inventory by listing every item. Program staff shall immediately secure in a
locked area all money, jewelry, electronic(s), cellular devices, and any other
items deemed valuable. After all personal possessions have been inventoried and
documented, the staff conducting the inventory, the youth, and a witness shall
sign and date the documentation to attest to its accuracy. The program shall:
1. Maintain a copy of documentation of the
personal property inventory.
2. Ask
the youth if he or she wants a copy of the personal property inventory
documentation and, if so, provide it.
3. Provide a copy of the inventory
documentation to the youth's parent(s), guardian, or supportive person(s), if
requested.
4. Send inventoried
property to the youth's home, or store such property until the youth's release
from the program.
(b) The
program shall confiscate all contraband, such as weapons and narcotics,
excluding narcotics that are verified as having been prescribed for a medical
condition, for disposal or storage, and shall submit all illegal contraband to
the law enforcement agency having local jurisdiction.
(4)
Classification of Youth. A
residential commitment program shall establish a classification system that
promotes safety and security, as well as effective delivery of treatment
services, based on determination of each youth's individual needs and risk
factors that addresses, at a minimum, the following:
(a) Classification factors to include, at a
minimum, the following:
1. Physical
characteristics, including sex, height, weight, and general physical
stature;
2. Age and maturity
level;
3. Identified special needs,
including mental, developmental or intellectual, and physical
disabilities;
4. History of
violence;
5. Gang
affiliations;
6. Criminal
behavior;
7. Sexual aggression or
vulnerability to victimization;
8.
Youth's perception of vulnerability;
9. Identified or suspected risk factors, such
as medical, suicide, and escape or security risks; and
10. Any other specific information about
individual youth that may indicate heightened needs for supervision, additional
safety precautions, or separation from certain other youth.
(b) The results of the youth's VSAB screening
shall be used in making room assignment to ensure vulnerable or sexually
aggressive youth are not assigned a roommate believed to pose a risk.
(c) Initial classification of each newly
admitted youth for the purpose of assigning him or her to a living unit,
sleeping room, and youth group or staff advisor;
(d) Reassessment of a youth's needs and risk
factors and reclassification, if warranted, prior to considering:
1. An increase in the youth's privileges or
freedom of movement;
2. The youth's
participation in work projects or other activities that involve tools or
instruments that may be used as potential weapons or means of escape;
and
3. The youth's participation in
any off-campus activity; and
(e) Initial classification shall include
entering the youth into the facility's internal alert system. The system shall
be continually updated and easily accessible to program staff, keeping them
alerted about youth who are security or safety risks, which shall include
escape risks, suicide or other mental health risks, medical risks, sexual
predator risks, and other assaultive or violent behavior risks. Medical alerts
and suicide or mental health alerts are additionally governed by rules
63M-2.004 and 63N-1.006, F.A.C., respectively. The program shall design and
implement its alert system to reduce risks by alerting program staff when there
is a need for specific follow-up or precautionary measures or more vigilant or
increased levels of observation or supervision. Although a direct care,
supervisory, or clinical staff may place a youth on alert status, only the
following staff may downgrade or discontinue a youth's alert status in these
instances:
1. A licensed mental health
professional or mental health clinical staff person for suicide risk alerts or
mental health alerts.
2. A medical
staff person for medical alerts upon verification that the health condition or
situation no longer exists; or
3.
The program director, assistant program director, or on-site supervisor for all
other alerts not covered by subparagraphs 1. and 2., above.
(f) When mental health, substance abuse,
physical health, security risk factors, or special needs related to a newly
admitted youth are identified during or subsequent to the classification
process, a residential commitment program shall immediately enter this
information into its internal alert system and the JJIS alert system.
(g) A residential commitment program shall
establish and maintain critical identifying information and a current
photograph that are easily accessible to verify a youth's identity as needed
during his or her stay in the program.
1. The
program shall maintain the photograph in the youth's individual management
record and the Individual Healthcare Record. In the event of an escape, the
program shall provide a photograph to law enforcement or other criminal justice
agencies to assist in apprehending the youth.
2. The program shall maintain the following
critical identifying information for each youth in an administrative hard-copy
file that is easily accessible and mobile in the event of an emergency
situation that results in the program relocating quickly or in the event needed
information cannot be accessed electronically.
a. Youth's full name and DJJ ID
number;
b. Admission
date;
c. Date of birth, gender, and
race;
d. Name, address, and phone
number of parent(s) or legal guardian;
e. Name, address, and phone number of the
person with whom the youth resides and his or her relationship to the
youth;
f. Person(s) to notify in
case of an emergency (and contact information);
g. JPO's name, circuit/unit, and contact
information;
h. Names of committing
judge, state attorney, and public defender (or attorney of record) with contact
information on each;
i. Committing
offense and judicial circuit where offense occurred;
j. Notation of whether or not the judge
retains jurisdiction;
k. Victim
notification contact information, if notification is required;
l. Physical description of youth to include
height, weight, eyes and hair color, and any identifying marks;
m. Overall health status, including chronic
illnesses, current medications and allergies;
n. Personal physician (if known);
and
o. Photograph of
youth.
(5)
Safety Planning Process for
Youth. A residential program shall conduct an on-going safety planning
process for each youth. The safety plan shall be designed to identify stimuli
that have both positive and negative effects on the youth.
(a) The plan shall address the following
topic areas:
1. Warning Signs as gathered from
the youth, from collateral contacts or from parent(s)/guardian(s) that the
youth's behavior may be escalating;
2. Youth's Baseline Behavior(s) as gathered
from collateral contacts, parent(s)/guardian(s), youth's history, and
evaluations, if applicable;
3.
Crisis Recognition. The youth and program staff's perception of verbal and
non-verbal stimuli that have both positive and negative effects on the youth
(Escalation, De-escalation, Intervention and Recovery);
4. Jointly developed coping strategies, to
include people and healthy environments as defined by the youth;
5. Intervention strategies preferred by the
youth, and
6. Debriefing
preferences.
(b) The
safety plan will be developed and updated as provided below:
1. The initial planning process must begin by
the multidisciplinary treatment team during their initial contact with the
youth and shall be completed within 14 days.
2. The plan shall be jointly prepared by the
youth, parent(s)/guardian(s), or family member, program's clinical staff, and
behavioral specialist, if applicable.
3. The safety plan shall be reviewed by staff
who have contact with youth and shall be maintained in a location that is
easily accessible to staff.
4. The
safety plan shall incorporate any recommendations from previous or current
clinical assessments or screening instruments and shall incorporate trauma
responsive practices.
5. The
program staff shall review the youth's record to ensure any pertinent
information is included in the safety plan.
6. The plan must be updated every 30 days or
following any significant behavioral or mental health event identified by the
youth's intervention and treatment team.
(6)
Orientation of Youth. A
residential commitment program shall begin the orientation process for each
youth admitted to the program prior to, or within two hours of, admission to
the program. The program shall ensure that the physical and emotional needs of
the youth are addressed while providing essential information in an efficient,
clear, and linguistically appropriate manner that ensures that a youth can
comprehend and respond to information presented. The orientation of youth to a
residential commitment program after leaving home, family, and community is a
stressful process that can compromise a youth's sense of safety, evoke fear,
and contribute to a youth engaging in survival coping. A residential commitment
program shall provide orientation to each youth by explaining and discussing
the following:
(a) Services
available;
(b) Daily schedule that
is also conspicuously posted to allow easy access for youth;
(c) Expectations and responsibilities of
youth;
(d) Written behavioral
management system that is also conspicuously posted or provided in a resident
handbook to allow easy access for youth, including rules governing conduct and
positive and negative consequences for behavior;
(e) Availability of and access to medical and
mental health and substance abuse services;
(f) Access to the Department of Children and
Families' central abuse hotline addressed in chapter 39, F.S., or if the youth
is 18 years or older, the Central Communications Center that serves as the
department's incident reporting hotline;
(g) The program's zero-tolerance policy
regarding sexual misconduct, including how to report incidents or suspicions of
sexual misconduct.
(h) Special
accommodations that are available to ensure all written information about
sexual misconduct policies, including how to report sexual misconduct, is
conveyed verbally to youth with limited reading skills or who are visually
impaired, deaf, or otherwise disabled.
(i) Right to be free from sexual misconduct,
rights to be free from retaliation for reporting such misconduct, and the
agency's sexual misconduct response policies and procedures.
(j) Items considered contraband, including
illegal items, the possession of which may result in the youth being
prosecuted;
(k) Performance
planning process that involves the development of goals for each youth to
achieve;
(l) Dress code and hygiene
practices;
(m) Procedures on
visitation, mail, and use of the telephone;
(n) Expectations for release from the
program, including the youth's successful completion of individual performance
plan goals, recommendation to the court for release based on the youth's
performance in the program, and the court's decision to release;
(o) Community access;
(p) Grievance procedures;
(q) Emergency procedures, including
procedures for fire drills and building evacuation;
(r) Facility tour, if applicable, and general
layout of the facility, focusing upon those areas that are and are not
accessible to youth;
(s) Assignment
to a living unit and room, treatment team and, if applicable, a staff
advisor/mentor or youth group; and
(t) Medical topics as outlined in chapter
63M-2, F.A.C.
Rulemaking Authority 985.64, 985.601(3)(a) FS. Law
Implemented 985.601(3)(a), 985.03(44), 985.441 FS.
New 5-30-19.