Fla. Admin. Code Ann. R. 63E-7.104 - Residential Case Management Services

(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.

Notes

Fla. Admin. Code Ann. R. 63E-7.104

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.