Current through Reg. 50, No. 187; September 24, 2024
(1) A
residential commitment program shall provide case management services for each
youth that ensures his or her priority needs are identified and addressed
through the coordinated delivery of delinquency interventions and treatment
services. The program's case management processes shall include the following:
(a) Assessment of the youth, including
reassessments or updates;
(b)
Development and implementation of the youth's performance plan;
(c) Review and reporting of the youth's
performance and progress; and
(d)
Transition planning.
(2)
Accommodating Disabilities. When providing case management
services to any youth identified as having a disability, a residential
commitment program shall make accommodations as needed to facilitate the
youth's understanding of and active participation in the case management
processes.
(3)
Supportive
Persons for Youth and their Treatment. A residential commitment program
shall encourage and facilitate involvement of the youth's parent(s) or guardian
and other supportive person(s) in the youth's assessment, performance plan
development, progress reviews, and transition planning. To facilitate this
involvement, the program shall invite the youth's parent(s), guardian, and
other supportive person(s) to intervention and treatment team meetings. If
unable to attend, the parent(s), guardian, or other supportive person(s) shall
be given the opportunity to participate via telephone or video conferencing or
to provide verbal or written input prior to the meeting. The program shall
obtain the written consent of any youth 18 years of age or older, unless the
youth is incapacitated and has a court-appointed guardian, before providing or
discussing with the parent(s), guardian, or other supportive person(s) any
information related to the youth's physical or mental health screening,
assessment, or treatment. Additionally, the program shall obtain the written
consent of any youth, regardless of age, unless he or she is incapacitated and
has a court-appointed guardian, before sharing with the parent(s), guardian, or
other supportive person(s) any substance abuse information pertaining to the
youth.
(4)
Multidisciplinary
Intervention and Treatment Team. A residential commitment program shall
implement a multidisciplinary case management and treatment planning process,
assigning each newly admitted youth's case to a multidisciplinary intervention
and treatment team. The team shall plan for and ensure delivery of coordinated
delinquency interventions and treatment services to meet the prioritized needs
of each youth assigned.
(a) The program
director or his or her designee shall identify a leader for each intervention
and treatment team to coordinate and oversee the team's efforts and facilitate
effective management of each case assigned to the team.
(b) At a minimum, a multidisciplinary
intervention and treatment team shall be comprised of the youth,
representatives from the program's administration and residential living unit,
and others directly responsible for providing, or overseeing provision of,
intervention and treatment services to the youth. Each intervention and
treatment team member shall participate in the case management processes to
ensure provision of coordinated services to each youth. The program shall
request and encourage the waiver support coordinator if the youth is an
identified APD client, the DCF counselor, if applicable, and a representative
of the educational staff to participate as an intervention and treatment team
member. However, at a minimum, the intervention and treatment team shall obtain
input from the educational staff for use when developing and modifying the
youth's performance plan, preparing progress reports to the court, and engaging
in transition planning.
(c) At a
minimum, a multidisciplinary intervention and treatment team shall obtain
information regarding any barrier(s) to discharge from the youth's JPO or
applicable collateral contacts during the initial and every formal monthly
intervention and treatment team meeting. Information shall include but is not
limited to academic status upon release, guardianship/DCF involvement, living
placement upon discharge, and any other barriers that need to be addressed to
assist the youth's transition. Any identified barriers must appear on the
youth's performance plan, to include responsible parties, and continued to the
youth's transition plan, if necessary.
(d) The multidisciplinary treatment team is
responsible for developing, updating and reviewing mental health and substance
abuse treatment plans as set forth in chapter 63N-1, F.A.C.
(5)
Assessment: A residential
commitment program shall provide assessment services as follows:
(a) Initial Assessment. The program shall
ensure that an initial assessment of each youth is conducted within 30 days of
admission. The program shall maintain all documentation of the initial
assessment process in JJIS on the Youth Needs Assessment Summary (RS 13, May
2010), which is incorporated into this rule and is available electronically at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10390,
or may be obtained by contacting: DJJ, Office of Residential Services, 2737
Centerview Drive, Tallahassee, FL 32399.
1.
Criminogenic Risks and Needs: The program shall assess each youth using the RAY
to identify criminogenic risk and protective factors, prioritizing the youth's
criminogenic needs.
2. Academic and
Career Education Needs (Vocational). The academic and career education
assessment shall be conducted by local school district personnel or contracted
education staff pursuant to section 1003.52, F.S. The program shall ensure that
the initial assessment process addresses the youth's academic and career
educational needs, and that any resulting information is applicable to the
criminogenic risk and needs assessment and is incorporated into the youth's
performance plan.
3. Physical
Health. The Health Related History (HRH) must be conducted by a licensed nurse
pursuant to chapter 63M-2, F.A.C. The Comprehensive Physical Assessment (CPA)
must be conducted by a physician, physician assistant, or advanced practice
registered nurse (APRN).
4. Mental
Health and Substance Abuse Services. Chapter 63N-1, F.A.C., establishes the
department's requirements for mental health and substance abuse
services.
(b)
Reassessment. The program shall determine and document changes in
each youth's risks and needs using the RAY so that updated information is
available when the intervention and treatment team prepares a 90-day
Performance Summary. Additionally, the program shall ensure that any other
updates or reassessments are completed when deemed necessary by the
intervention and treatment team to effectively manage the youth's case. The
program shall maintain all re-assessment case management documentation in the
youth's official case record. Any mental health evaluation or substance abuse
evaluation must be documented and permanently filed in the youth's Individual
Healthcare Record.
(6)
Performance Plan. A residential commitment program shall ensure
that each youth has a performance plan with individualized delinquency
intervention goals to achieve before release from the program. Based on the
findings of the initial assessment of the youth, the intervention and treatment
team, including the youth, shall meet and develop the performance plan within
30 days of the youth's admission.
(a) The
performance plan, developed to facilitate the youth's successful reintegration
into the community upon release from the program, shall include goals that:
1. Specify delinquency interventions with
measurable outcomes for the youth that will decrease criminogenic risk factors
and promote strengths, skills, and supports that reduce the likelihood of the
youth reoffending;
2. Target
court-ordered sanctions that can be initiated or completed while the youth is
in the program; and
3. Identify
transition activities that are consistent with chapter 63B-1, F.A.C., and begin
early in the youth's placement to address barriers to successful
release.
4. Performance goals and
time to complete them should be determined by the needs of each youth, not
length of stay estimates. The goals should be relative to the youth's
identified treatment need(s) and risk-to-reoffend.
(b) For each goal, the performance plan shall
specify its target date for completion, the youth's responsibilities to
accomplish the goal, and the program's responsibilities to enable the youth to
complete the goal.
(c) To
facilitate the youth's rehabilitation or promote public safety, the
intervention and treatment team may revise the youth's performance plan based
on the RAY reassessment results, the youth's demonstrated progress or lack of
progress toward completing a goal, or newly acquired or revealed information.
Additionally, based on the transition conference, the intervention and
treatment team shall revise the youth's performance plan as needed to
facilitate transition activities targeted for completion during the last 60
days of the youth's stay in the program.
(d) The youth, the intervention and treatment
team leader, and all other parties who have significant responsibilities in
goal completion shall sign the performance plan, indicating their
acknowledgement of its contents and associated responsibilities. The program
shall file the original signed performance plan in the youth's official case
record and shall provide a copy to the youth.
(e) Within 10 working days of completion of
the performance plan, the program shall send a transmittal letter and a copy of
the plan to the committing court, the youth's JPO, parent, guardian, or
supportive person(s), and the DCF counselor, if applicable.
1. Electronic transmittal of the performance
plan to the youth's JPO and DCF counselor is acceptable.
2. If the parent, guardian, or supportive
person(s) did not participate in the development of the performance plan and if
the youth is a minor and not emancipated pursuant to section 743.01 or 743.015,
F.S., or is over 18 years of age and incapacitated pursuant to section
744.102(12), F.S., the program shall enclose an additional copy of the plan's
signature sheet and shall request in the transmittal letter that the parent(s),
guardian, or supportive person(s) acknowledge receipt and review of the plan by
signing the signature sheet and returning it to the program. Any signature
sheet signed by the parent(s), guardian, or supportive person(s) and returned
to the program shall be attached to the youth's original performance
plan.
(7)
Treatment Plan. When a youth has a developmental disability or a
mental health, substance abuse, or physical health need that is addressed in a
separate treatment or care plan, that treatment or care plan shall be
coordinated with the youth's performance plan through the multi-disciplinary
intervention and treatment team process to ensure compatibility of goals,
services and service delivery. The youth's performance plan shall reference the
youth's treatment or care plan only as allowed under Federal and State
confidentiality laws pertaining to protected healthcare information and
substance abuse clinical records. When a youth in a residential commitment
program has a current behavior support plan or case plan through the APD, the
program shall coordinate the youth's performance plan with the youth's APD plan
for related issues.
(8)
Academic Progress Monitoring Plan. A youth's performance plan and
his or her academic progress monitoring plan, if applicable, shall be
coordinated through the program's multi-disciplinary intervention and treatment
team process, and the performance plan shall reference or incorporate the
academic progress monitoring plan, which is required to be completed by the
local school district personnel or contracted education staff, within 10 school
days of a youth's admission into the residential commitment program or no later
than three (3) school days after the administration of the educational entry
assessment.
(9)
Performance
Review and Reporting.
(a) Performance
Reviews. A residential commitment program shall ensure that the intervention
and treatment team reviews each youth's performance, RAY reassessment results,
progress on individualized performance plan goals, positive and negative
behavior, to include behavior that resulted in physical
interventions.
(b) Performance
reviews shall result in revisions to the youth's performance plan when
determined necessary by the intervention and treatment team and reassessments
when deemed necessary by the intervention and treatment team.
1. Non-secure and high-risk programs shall
conduct biweekly reviews of each youth's performance. A formal performance
review, requiring a meeting of the intervention and treatment team, shall be
conducted at least every 30 days. However, one biweekly performance review per
month may be informal, wherein the intervention and treatment team leader,
including other team members when needed, meets with the youth.
2. In maximum-risk programs, the intervention
and treatment team shall meet at least every 30 days to conduct a formal
performance review of each youth.
3. The intervention and treatment team shall
provide an opportunity for youth to demonstrate skills acquired in the program,
and shall document each formal and informal performance review in the official
youth case record, including the youth's name, date of the review, meeting
attendees, any input or comments from team members or others, and a brief
synopsis of the youth's progress in the program.
(c) Performance Reporting. The intervention
and treatment team shall prepare a Performance Summary at 90-day intervals,
beginning 90 days from the signing of the youth's performance plan, or monthly
when requested by the committing court. Additionally, the intervention and
treatment team shall prepare a Performance Summary prior to the youth's
release, discharge or transfer from the program. The Performance Summary (RS
007, July 2017), is incorporated by reference and available electronically at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10391,
or may be obtained by contacting: DJJ, Office of Residential Services, 2737
Centerview Drive, Tallahassee, FL 32399.
1.
Each Performance Summary shall address, at a minimum, the following areas:
a. The youth's status on each performance
plan goal;
b. The youth's overall
treatment progress if the youth has a treatment plan as allowed under Federal
and State confidentiality laws pertaining to protected healthcare information
and substance abuse clinical records;
c. The youth's academic status, including
performance and behavior in school;
d. The youth's behavior, including level of
motivation and readiness for change, interactions with peers and staff, overall
behavior adjustment, and, for any initial Performance Summary, the youth's
initial adjustment to the program;
e. Significant positive and negative
incidents or events; and
f. A
justification for a request for release, discharge or transfer, if
applicable.
2. The staff
member who prepared the Performance Summary, the intervention and treatment
team leader, the program director or designee, and the youth shall review, sign
and date the document. Prior to the youth signing the document, program staff
shall give the youth an opportunity to add comments, assisting the youth, if
requested. The program shall distribute the performance summary as specified
below within 10 working days of its signing.
a. With the exception of a Performance
Summary prepared in anticipation of a youth's release or discharge, the program
shall send copies of the signed document to the committing court, the youth's
JPO, and the parent(s), guardian, or supportive person(s) and shall provide a
copy to the youth.
b. The program
shall file the original, signed Performance Summary in the official youth case
record except when it is prepared in anticipation of a youth's release or
discharge, in which case, the program shall file a signed copy in the official
youth case record.
(10)
Transition Planning.
Transition activities shall begin upon the youth's admission into the
residential commitment program and be completed in accordance with chapter
63T-1, F.A.C.
(11)
Coordination of Services for DJJ Youth Also Served by the Department of
Children and Families (DCF) and Agency for Persons with Disabilities
(APD). In an effort to coordinate services for youth jointly served by
the department and one or both of the agencies identified above, a residential
commitment program shall provide information requested by the DCF counselor or
APD representative, or the youth's JPO on behalf of these agency
representatives, and shall, upon request, make reasonable accommodations for
them to visit the youth. The program shall invite these representatives from
other agencies to the youth's transition and exit conferences pursuant to
chapter 63T-1, F.A.C., and, if necessary, make reasonable accommodations for
telephone or video access to participate in the conference. Additionally, the
program shall notify these representatives 30 days prior to a youth's release
or, in the event the program does not have 30 days' notice of the youth's
release, the program shall notify them immediately upon becoming aware of the
release date.
(12)
Management
of Sexually Violent Predator (SVP) Eligible Cases. A residential
commitment program shall notify the DCF multidisciplinary ream and the
applicable State Attorney of a youth who is screened by the department as
potentially eligible for involuntary commitment as an SVP.
(a) The program shall identify the youth's
potential SVP eligibility as part of the initial assessment documentation and
the youth's performance plan. The program shall include transition activities
on the youth's performance plan that facilitate determination of the youth's
SVP eligibility status.
(b) When
planning the youth's release, the program shall assist the DCF
multidisciplinary team and the State Attorney by providing additional
information requested or by accommodating their request to interview the
youth.
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.
