Florida Administrative Code
63 - DEPARTMENT OF JUVENILE JUSTICE
63F - Division of Administration
Chapter 63F-11 - CENTRAL COMMUNICATIONS CENTER
Section 63F-11.004 - Reportable Incident Types
Universal Citation: FL Admin Code R 63F-11.004
Current through Reg. 50, No. 187; September 24, 2024
(1) Program Disruption Incidents, which include:
(a)
Accident, Building Emergency, or System Malfunction: Any accident on the
grounds of the facility or program, or any significant failure of an electronic
or manual system that directly impacts the safety, security and welfare of
department youths at a residential facility or program, juvenile assessment
center, or detention center where maintenance staff cannot affect repairs
within twenty-four (24) hours, or facility operations will be disrupted, or any
emergency situation that requires evacuation or results in the evacuation of
youths and staff from a department owned or provider owned building under
contractual use for the care and custody of department youth. This includes,
but is not limited to, fire, bomb threat, or the discovery of a suspect device.
Excluded are scheduled exercises, drills, and false alarms.
(b) Discovery of Illegal or Controlled Drugs,
Alcohol, Firearms, or Other Weapons: Any incident where the discovery occurred
at any facility, program, office, vehicle, or site operated by the department,
a provider or grantee. The following are exceptions to the reporting
requirement:
1. Controlled drugs properly
stored and secured in a medical unit, in a staff housing unit located on the
grounds of the facility/program, or in a department, provider or grant
site.
2. Possession of a weapon or
firearm by a certified law enforcement officer.
(c) Contraband: Any incident or event where
the discovery of unauthorized items such as cigarette lighters, tobacco
products, electronic smoking devices, money, cellular telephones, smart
watches, or other items when the possession of said items presents a potential
danger to youth or staff or otherwise disrupts or threatens program safety or
security at any facility, program office, or site operated by the department, a
provider or grantee. Contraband discovered during the intake process or initial
search process does not have to be reported unless the contraband is considered
illegal per Florida statute.
1. Any incident
or event in which detention or residential staff have an unauthorized item that
is discovered in a secure area of the facility/program, regardless of who the
items belong to or who is in the possession of the item (youth, staff or no
one).
2. Any incident or event in
which a youth who has been detained or committed to residential commitment
program with no unsupervised release for over 30 days tests positive for
illegal drugs. This does not include any medication prescribed to
youth.
3. Any incident or event
where evidence is present that contraband exists, but staff have been unable to
locate the contraband.
(d) Disturbance: Any situation resulting in
the loss of control at a facility or program that necessitates notifying law
enforcement, or other outside sources to request assistance.
(e) Hostage Situation: Any incident where a
person is held by force against his or her will to enforce the demands of the
hostage-taker.
(f) Incidents
Involving Visitors: Any incident involving a visitor(s) that requires a
response by law enforcement.
(g)
Natural or Environmental Disaster: Any incident or event in which a state or
contracted facility or program is exposed to adverse elements of nature
including, but not limited to, high winds, lightning, flooding, as caused by
hurricanes, or earthquake that causes damage to the physical structure
interrupting the operation of the program, results in the evacuation of youths
and staff, or results in injury to youths or staff. Any incident or event under
this subsection involving the evacuation of a facility or program requires an
update once the youth and staff return.
(h) Media Attention: Any incident or criminal
activity that has resulted in media attention involving youth regardless of
their status with the department, DJJ/Contracted personnel, or programs. This
includes incidents where media representatives were at the scene of the
incident or have called with questions. This does not include social media
posts or jail website posts.
(i)
Loss, Theft or Destruction of Department Property, Vehicles, Equipment, or
Youth Property: Any incident where the listed categories of property are lost
or stolen regardless of incident location:
1.
Any state-owned vehicle utilized by the department, a provider, or a
grantee.
2. Firearms or other
weapons.
3. Keys to a facility,
program, or office building, including mechanical keys, electronic keys, or
access cards, if they cannot be located within 2 hours.
4. Any state-owned property, including
property in the custody of a provider, with a value exceeding
$300.00.
5. Computer, computer
storage media, or other digital mobile device, such as cellular telephones,
radios, and personal digital assistant devices, where there is a reasonable
belief that the device may contain statutorily protected confidential
information.
6. A department-issued
seven-point star badge.
7. Any
property of a youth with a value of $50.00 or more that is alleged to have been
lost or stolen from the facility.
8. Any U.S. currency, debit card, credit card
or gift card belonging to a youth that is alleged to have been lost or stolen
from the facility.
(j)
Threatened Use or Discovery of an Explosive Device: Any incident where there is
a threatened use of an explosive device or an explosive device is discovered at
any facility, program, office, or site operated by the department, a provider
or grantee.
(k) Vehicle Traffic
Crash: Any traffic crash involving a department vehicle or other vehicle used
by on-duty staff in the performance of their duties regardless if occupied by
department youths.
(l) Detention
Placement Alert: Any incident where a youth in any of the following categories
is admitted to a secure detention facility:
1.
The admitted youth is 9 years of age or younger,
2. The admitted youth exhibits behavior
suggestive of intellectual disability or developmental disability, including
significant deficits in comprehension/reasoning, language expression, or
maturity level,
3. The admitted
youth is blind, deaf, mute, or unable to walk without the use of a mechanical
aid.
(m) Unauthorized
Release: Any incident or event where a youth is improperly released from any
state operated or contracted residential facility, secure detention center or
juvenile assessment center. This includes the release of a youth from a shelter
when the placement is pursuant to a court order.
(n) Investigation by Other Agency: The CCC
must be notified when an agency other than the department is present at a
department facility, at a facility-based day treatment program, contracted
facility, shelter, or program to conduct an investigation of physical abuse,
sexual abuse, neglect, medical neglect or anything that affects the safety and
wellbeing of youth that occurred in a program/facility or involves a
department/provider employee and department youth.
(o) Program Closure: Any occurrence causing a
program to close, which no longer has the ability to operate and provide
services to youth, regardless of the length of closure, except as it relates to
a contract action resulting in program closure.
(2) Escape/Abscond Incidents:
(a) Absconder:
1. Any incident in which the whereabouts
become unknown for a youth who is pending an administrative transfer, committed
to minimum-risk and on pre-placement status, is on an authorized home visit
from a residential facility, or is on a temporary release status that was
approved by the court. The incident should only be reported after a diligent
search has been completed and the court has been formally requested to order
that the youth be taken into custody.
2. Any incident in which a pre-placement
youth is reported by the parent or legal guardian to have run away, the family
of such a youth leaves the area with the youth without notifying the department
or the court of their whereabouts, or a youth fails to arrive for transport to
his or her program, and when the court has been formally requested to order
that the youth be taken into custody as a result of the youth's whereabouts
being unknown.
3. When, through a
diligent search, it is determined that a youth committed to minimum risk has
absconded and the court has been formally requested to order that the youth be
taken into custody. Mere absenteeism from the assigned program does not
constitute absconding.
4. Any
incident in which the whereabouts become unknown for a youth who was court
ordered to a CINS/FINS shelter.
(b) Escape Attempts:
1. Any incident involving a youth who leaves
the grounds or boundaries of a non-secure residential facility, must be
reported as an attempted escape only if the youth is apprehended immediately
and facility staff maintained constant sight supervision throughout the
incident. If the non-secure facility has a fenced boundary, the incident must
be reported as an escape, regardless of staff maintaining constant sight
supervision.
2. Any deliberate act
involving youth who attempt to leave the grounds or boundaries of a secure
residential facility, detention facility or juvenile assessment center without
permission or authority.
3. Any
incident involving youth placed in a residential facility, detention facility
or juvenile assessment center in which the youth's whereabouts become unknown
and the youth is later recovered inside the facility.
4. Any incident involving youth placed in a
residential facility, detention facility, or juvenile assessment center who
leaves the custody of facility staff when off-site, must be reported as an
attempted escape if the youth is apprehended immediately and facility staff
maintained constant sight supervision throughout the
incident.
(c) Escapes:
1. Any incident involving a youth who leaves
the grounds or fenced boundaries of a secure residential facility, detention
facility or juvenile assessment center must be reported as an escape regardless
of the length or duration of the departure. Any incident involving a youth who
is committed or detained in such a place and leaves the custody of facility
staff when off-site, must be reported as an escape.
2. Any incident involving a youth who leaves
the grounds or boundaries of a non-secure residential facility must be reported
as an escape if:
a. Constant sight supervision
was not maintained throughout the incident.
b. The youth leaves the custody or sight
supervision of facility staff when
off-site.
(3) Medical Incidents:
(a) Employee Death: Any death of an employee
while he or she is on duty.
(b) PAR
Restraint Injury: Any incident involving physical intervention where a youth or
staff member receives an injury from any restraint that requires medical
treatment beyond standard first aid.
(c) Off-site Medical Transport: Any time a
youth is transported off-site to a medical facility for evaluation or
treatment. This does not include prior scheduled medical procedures, treatment,
or surgeries.
(d) Emergency Medical
Services Engagements: Any time an EMS provider is contacted and responds to a
program/facility on behalf of a youth, regardless of whether transport
occurs.
(e) Youth Injury: Incidents
or events involving a serious injury to a youth under department supervision
occurring in a department facility, at a facility-based day treatment program,
contracted facility, shelter, or contract site or program must be reported to
the CCC when the nature of the injury requires immediate and emergency medical
care. An incident under this category is required to be reported within 2 hours
of staff verifying that a serious injury has occurred with the following:
1. Broken, fractured, or dislocated bones,
2. Head Injury, excluding
superficial cuts, bruises, or minor swelling unaccompanied by changes in mental
acuity,
3. Eye injury involving a
penetrating wound or an injury that alters vision, or
4. Acute dental injury or broken
teeth.
(f) Medical
Illness: Incidents or events involving medical illness to a youth under
department supervision or occurring in a department facility, at a
facility-based day treatment program, contracted facility, shelter, or contract
site or program must be reported to the CCC when the nature of the injury or
illness requires treatment on or off site, and falls within one of the
following:
1. Heart or breathing has stopped
or the person is turning blue,
2.
Unconsciousness or unresponsiveness to voice,
3. CPR is initiated,
4. Severe, prolonged or uncontrollable
bleeding,
5. Acute paralysis,
6. Overdose (this includes but is
not limited to over the counter and prescription medication that exceeds the
prescribed or manufacturer's recommendations that has the potential for harm),
7. Acute or prolonged abdominal
pain,
8. Acute or prolonged chest
pain,
9. Fever of 103 degrees or
higher,
10. Inability to urinate
for eight (8) hours,
11. Ingestion
of a poisonous or potentially poisonous substance,
12. Seizure due to an undiagnosed medical
condition, i.e. Epilepsy, or Psychogenic Non-Epileptic
Seizures/Pseudo-seizures,
13.
Complications of pregnancy, or
14.
Any illness, disease, or other medical condition, or life endangering safety
code violation, which requires reporting to the County Health Department, Board
of Health, or other healthcare agency.
(g) Youth Death: Any death of a youth
occurring while under department supervision.
(h) All omitted, missed, or late prescribed
medications not provided within one hour before or one hour after the scheduled
time. This excludes over-the-counter medications and as needed medications as
these have a lower risk for harm if omitted.
(4) Mental Health and Substance Abuse Incidents:
(a) Self-Inflicted Injury: Any
incident of self-inflicted injury that occurs at a department facility,
juvenile assessment center, day treatment program, contracted facility,
shelter, contracted site, or program resulting in physical injuries requiring
immediate, emergency medical treatment.
(b) Suicide Attempts: Any incident of a
suicide attempt that occurs in a department facility, juvenile assessment
center, day treatment program, contracted facility, shelter, contracted site,
or program requiring emergency medical services. Suicide attempts that do not
require outside medical attention or emergency medical services, but which are
believed to be potentially serious or life-threatening must also be reported to
the CCC. This includes any incident in which staff intervention or emergency
tool was used to prevent injury or death. When in doubt if the attempt was
potentially serious or life-threatening, it shall be reported to the
CCC.
(c) Off-site Transport for
Evaluation Pursuant to Baker Act Procedures: Any incident that occurs at a
department facility, juvenile assessment center, day treatment program,
contracted facility, shelter, or program resulting in a youth being sent for
evaluation for commitment pursuant to Baker Act Procedures regardless of their
actual admission per the Baker Act. This does not include youth committed from
their homes.
(5) Complaints Against Staff Incidents:
(a) Force:
Any alleged use of force including but not limited to department or provider
approved physical intervention techniques that results in an allegation of
abuse regardless if the abuse registry accepts the complaint.
(b) Accessing, Downloading or Introducing
Sexually Explicit Material: Any incident of accessing, downloading or
introducing sexually explicit material by a department or provider employee,
grant employee, volunteer or intern while on duty or on the premises of a
department or provider facility, program, office, or site operated by the
department, a provider, or grantee that is unrelated to their official
duties.
(c) Sexual Misconduct: Any
allegation involving the staff of a department facility, facility-based day
treatment program, contracted facility, shelter, contracted site, or program,
initiating or engaging in sexual misconduct or violation of PREA. This includes
any act of sexual abuse or sexual harassment. Additionally, any sexual
misconduct by staff with a youth not served by the department but in a
program/facility operated by a department provider.
(d) Improper Relationship: Any allegation
involving the staff of a department facility, facility-based day treatment
program, contracted facility, or program receiving department funding
initiating or engaging in a relationship outside their scope of employment with
a youth or youth's family while the youth is under department
supervision.
(e) Employment Prior
to Background Screening: Any incident occurring in a department facility,
juvenile assessment center, day treatment program, contracted facility,
shelter, contracted site or program where an applicant is utilized as an
employee, volunteer, mentor, or intern prior to receiving an eligible rating on
a department background screening.
(f) Employee Arrest: Any arrest of a
department or contract employee, including grant employees, volunteers and
interns.
(g) Falsification of
Records or Documents: Any incident of falsification of departmental records or
documents with the intent to deceive or mislead the department, or records
related to the services provided to any youth where the youth is in custody of
the department, under the supervision of the department, with a case pending
before the court, or receiving services funded in whole or in part by the
department. This includes youth served by prevention contracts and
grants.
(h) Criminal Activity: Any
incident or event of suspected or actual criminal activity occurring in a
department facility, juvenile assessment center, day treatment program,
contracted facility, shelter, contracted site, or program involving department
or provider staff, volunteer, intern, or grant staff.
(i) Health or Mental Health/Substance Abuse
Services Complaint: Any known or reasonable suspicion of an improper action or
omission of medical, mental health or substance abuse services that could
potentially cause grave harm or injury to the youth by any administrative or
direct-care staff, regardless of licensure, at a department facility,
facility-based day treatment program, contracted facility, shelter, contracted
site or program. This includes:
1. Denial of
care, services or treatment,
2.
Controlled medication inventory discrepancy (medications requiring
shift-to-shift inventory per Rule 63M-2.026, F.A.C.
(j) Use of Intoxicating Substances: Any
incident of use of alcohol or illegal drugs by a department employee, provider
employee, or grant employee while on duty or on the premises of a department or
provider facility, program office, or site operated by department, provider or
grantee.
(k) Threats by Staff: Any
allegation where there are threats of violence by staff at a department or
provider facility, program, office, or site operated by the department,
provider, or grantee.
(l)
Confidentiality Violations: Unauthorized release of any identifying information
related to youth such as photographs and personal
information.
(6) Youth Behavior Incidents:
(a) Battery: Any battery
occurring in a department facility, facility-based day treatment program,
contracted facility, shelter, contracted site, or program that results in a law
enforcement arrest.
(b) Felony
Activity Involving Youths on Community Supervision: Any arrest of a youth for a
capital offense or life felony, including punishable by life offenses. This
would also include any charge of homicide/murder or attempted murder that is
not considered a capital or life offense.
(c) Felony Arrests of Youth for Violations
Committed While in Custody: Any incident involving felonious acts committed
while in a department facility or program, including juvenile assessment
centers and facility-based day treatment, minimum-risk programs, or shelters,
resulting in an arrest.
(d) Youth
on Youth Sexual Harassment: Any repeated and unwelcome sexual advances,
requests for sexual favors, or verbal comments, gestures, or actions of a
derogatory or offensive sexual nature by one youth directed toward another
youth while detained in a detention facility or residential commitment
program.
(e) Youth on Youth Sexual
Contact: Any alleged incident or event occurring in a department facility,
juvenile assessment center, day treatment program, contracted facility,
shelter, contracted site, or program where youths engage in sexual contact with
one another. Additionally, any alleged sex act which may constitute a form of
sexual battery as defined in Section 794.011, F.S., occurring in a department
facility, juvenile assessment center, day treatment program, contracted
facility, shelter, contracted site, or program in which there is obvious injury
or physical evidence to support the allegations will be reported regardless of
the elapsed time. This includes any incident of sexual abuse as defined by the
Prison Rape Elimination Act (PREA).
(f) Accessing, Downloading or Posting on
Internet: Any incident involving a youth in a residential program or detention
facility accessing, downloading, or posting material on a social media site or
other non-approved Internet site.
Rulemaking Authority 985.64 FS. Law Implemented 985.601 FS.
New 10-11-10, Amended 8-16-16, 11-29-22.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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