Fla. Admin. Code Ann. R. 63E-7.101 - Youth Admission, Intake and Orientation

(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.

Notes

Fla. Admin. Code Ann. R. 63E-7.101

Rulemaking Authority 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a), 985.03(44), 985.441 FS.

Adopted by Florida Register Volume 45, Number 094, May 14, 2019 effective 5/30/2019.

New 5-30-19.