Fla. Admin. Code Ann. R. 63E-7.106 - Transfer, Release and Discharge

(1) Transfer.

(a) A residential commitment program may request to transfer a youth to a higher, lower, or same restrictiveness level program by submitting a Transfer Request Form, Commitment/Transfer Packet Checklist and a transfer Performance Summary to a regional transfer administrator designated by the department. The transfer Performance Summary shall describe efforts by the program to meet the youth's treatment needs and to modify or manage non-compliant behavior. A requesting program shall complete a Request for Transfer (RS 010, July 2017), which is incorporated by reference and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10394, or may be obtained by contacting: DJJ, Office of Residential Services, 2737 Centerview Drive, Tallahassee, FL 32399. The request shall be based on at least one of the following:

1. A youth's new law violations;

2. The youth's continued non-compliant behavior after the program has attempted to modify or manage it;

3. The program's incapacity to meet the youth's changing treatment needs;

4. The youth's gang affiliation;

5. Protection of the public; or

6. Impending program closure or reduction in the program's bed capacity.

(b) The transfer administrator shall conduct a transfer staffing if a youth is being considered for transfer to a higher restrictiveness program, and may conduct a transfer staffing in other cases when he or she deems necessary. If the transfer administrator schedules a transfer staffing, the program requesting the transfer shall:

1. Send the Transfer Staffing Notification Form, and the transfer Performance Summary to the youth's parent(s), guardian, or supportive person(s), copying the youth, the youth's JPO, the DCF foster care worker, if applicable, and any attorneys of record, including the defense attorney and state attorney. The Transfer Staffing Notification Form, (RS 006, July 2017) is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10395, or may be obtained by contacting: DJJ, Office of Residential Services, 2737 Centerview Drive, Tallahassee, FL 32399;

2. Complete the Commitment/Transfer Packet Checklist (JJ/IS Form 20, February 2019), which is incorporated by reference into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10396, or may be obtained by contacting: DJJ, Office of Residential Services, 2737 Centerview Drive, Tallahassee, FL 32399.

3. Designate at least one member of the youth's treatment team to participate in the staffing;

4. Contact the youth's parent(s) guardian, or supportive person(s) regarding their ability to participate in the staffing or obtain their input to be shared with the transfer administrator; and

5. Provide any additional information and documentation requested by the transfer administrator.

(c) The transfer administrator shall approve or deny the transfer request based on review of information provided by the program, consideration of any transfer staffing recommendations, verification of the youth's eligibility for admission into a program at the recommended restrictiveness level, and availability of a program that can better meet the youth's needs while protecting the public. However, if the transfer administrator approves a request that recommends a transfer to a restrictiveness level other than that to which the court committed the youth, the transfer administrator shall submit the transfer request to the court.

(d) The residential commitment program shall include any transfer request and notification documentation in the youth's individual management record.

(e) When a transfer is granted, the initiating residential commitment program shall prepare a transfer packet. The receiving program shall inspect the packet prior to the transferred youth's admission and, if any core documents are not included in the packet, shall contact the initiating program to request the missing documents be faxed or electronically transmitted. The core documents are as follows:

1. DJJ face sheet;

2. Current commitment order;

3. Predisposition report;

4. Commitment conference summary; and

5. Individual Healthcare Record that includes:

a. The current original Authority for Evaluation and Treatment or a current legible copy;

b. Comprehensive physical assessment;

c. Immunization records; and

d. Tuberculosis skin test (Mantoux) results, unless contraindicated.

(f) Within 24 hours of any transfer or on the first regular workday of the following week when the youth is transferred on a holiday, a weekend or a Friday afternoon, the program shall update the JJIS Bed Management System or, if a program does not have access to JJIS, shall notify the regional commitment manager. The only exception to this notification requirement is when the regional commitment manager served as the transfer administrator who granted the transfer request.

(2) Release.

(a) When planning for the release of any youth who is clearly not subject to involuntary commitment as a SVP, a residential commitment program shall comply with the following provisions.

1. A program shall forward the Pre-Release Notification and Acknowledgment form, with the pre-release notification section completed, and the release Performance Summary to the youth's JPO at least 45 days, or in the case of a sex offender who is not SVP eligible at least 90 days, prior to the youth's planned release date. The Pre-Release Notification and Acknowledgment, (RS 008, February 2019) is incorporated into this rule and is accessible electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10397, or may be obtained by contacting: DJJ, Office of Residential Services, 2737 Centerview Drive, Tallahassee, FL 32399.

a. If the program does not receive the completed Pre-Release Notification and Acknowledgment form within 20 working days of the program sending it to the youth's JPO, the program shall contact the JPO or the JPO's supervisor to expedite return of the form.

b. If the court directly contacts a residential commitment program to summon, subpoena, or request the youth appear at a hearing to address the release request, the program shall immediately notify the youth's JPO or, if unavailable, the JPO's supervisor.

c. If the court objects to the youth's release, the program shall resubmit the Pre-Release Notification and Acknowledgement form and Performance Summary to the JPO after the youth has made progress towards meeting the court's expectations.

d. The program shall not release any youth without written notification from the JPO or the JPO's supervisor that documents the court's approval or confirms that the release is considered approved because the court did not respond within 10 days of the department's request. Upon notification that a release request has been approved or is considered approved, the program shall provide written notification of the planned release to the youth's parent(s), guardian, or supportive person(s), and then complete an RAY exit assessment.

2. If a youth's offense is homicide pursuant to chapter 782, F.S., a sexual offense pursuant to chapter 794, F.S., attempted murder or a sexual offense pursuant to chapter 777, F.S., stalking pursuant to section 784.048, F.S., or domestic violence pursuant to section 741.28, F.S., the program shall notify the youth's victims or their designees prior to releasing the youth unless the youth's JPO has provided the program with a waiver of notification rights signed by the victims or their designees.

a. The program shall track youth whose victims or designees require notification while maintaining confidentiality that protects the identity of victims.

b. The program shall mail the Victim Notification of Release letter to the victims or their designees at least 10 working days prior to the youth's release or, if circumstances beyond the program's control prevent this, as soon thereafter as possible before the youth's release. The program shall document all notifications and attempted notifications and shall copy the youth's JPO and the youth's individual management record on the notification letter. The Victim Notification of Release (RS 011, July 2017) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10398, or may be obtained by contacting: DJJ, Office of Residential Services, 2737 Centerview Drive, Tallahassee, FL 32399.

c. Under no circumstances shall the program notify a victim or designee if he or she waived notification rights in writing, nor shall the program notify the victim or designee until the youth's JPO notifies the program of approval to release the youth.

3. The program shall also ensure the following notifications prior to a youth's release:

a. Educational and vocational staff, so required post-testing may be conducted, transcripts prepared, records transferred, and the receiving community school notified.

b. Parties or entities requiring notification if the youth is a juvenile sex offender pursuant section 985.48, F.S.; and

c. JJIS or the department's regional commitment manager. Within 24 hours of any release or on the first regular workday of the following week when the youth is released on a holiday, a weekend or a Friday afternoon, the program shall update the JJIS Bed Management System or, if a program does not have access to JJIS, shall notify the regional commitment manager.

4. Prior to a youth's release, the program shall comply with the following departure procedures:

a. If the youth's residence is within 75 miles of the residential commitment program, the program will transport the youth home, only when notified by the JPO that all family transportation options have been exhausted.

b. If the youth's residence is between 75 and 300 miles of the residential commitment program, the program will transport the youth no less than 75 miles to a location pre-arranged with the JPO. The meeting point for the transfer must be flexible so that the round trip can take place within eight (8) hours.

c. If the youth's residence is over 300 miles from the residential commitment program, the program will register the youth with the local regional detention center for transport on the Intrastate Transportation Network (ITN).

d. Conduct a property inventory of the youth's personal possessions in the presence of the youth, documenting the inventory and verifying its accuracy with signatures of the staff conducting the inventory, the youth, and a witness. The program shall reconcile any differences between the intake and release inventories. However, no release inventory is required if there is documentation that the program sent the youth's personal possessions home at the time of admission or intake.

(b) When planning the release of any youth who, based on the department's screening, may be eligible for involuntary commitment as an SVP, a residential commitment program shall comply with the following provisions:

1. Not less than 240 days prior to the anticipated release of a youth who is potentially SVP eligible, a program with a designed or estimated length of stay of 240 days or more shall notify the JPO of the anticipated release. A program with a designed or estimated length of stay of less than 240 days shall commence notification to the JPO within 30 days of the youth's admission to the program.

2. The program shall not release any youth who is potentially SVP eligible and subject to the provisions of chapter 394, F.S., until the Sexual Predator Unit at the Department of Children and Families (DCF) has determined eligibility, and the youth's JPO has advised the program how to proceed and has provided the program with written documentation to support such action. To facilitate this eligibility determination process, the residential commitment program shall provide to the youth's JPO the documentation required by DCF.

a. A program with an estimated length of stay of 240 days or more shall provide the JPO with the youth's performance plan, the Performance Summary, a physical health summary, a summary of the youth's institutional adjustment if not included in the Performance Summary, and any psychological or psychiatric report. The packet must also include the Jimmy Ryce Act For Violent Sexual Offenders/Residential Program Notification Checklist (BCS 23, April 2018), which is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10399, or may be obtained by contacting: DJJ, Office of Residential Services, 2737 Centerview Drive, Tallahassee, FL 32399.

b. In the case of a program whose estimated length of stay is less than 240 days, wherein release notification commences 30 days or less after the admission of a potentially SVP eligible youth, the program shall initially provide the JPO with the Jimmy Ryce Act For Violent Sexual Offenders/Residential Program Notification Checklist, the performance plan, a physical health summary, a summary of the youth's institutional adjustment, and any psychological or psychiatric reports. Additionally, the program shall provide the JPO with the Performance Summary and the transition plan upon their completion. Although the program provides existing psychological or psychiatric reports at the time it commences release notification, the program shall provide the JPO with any subsequent psychological or psychiatric reports that may be generated while the youth is still in the program.

c. If DCF determines that a youth is not subject to civil commitment as a SVP pursuant to chapter 394, F.S., the program shall comply with the provisions of paragraph (2)(a), above.

(c) When planning for the release of any sex offender who is identified on his or her commitment packet as being subject to the registration requirements of section 943.0435, F.S., the residential commitment program, in addition to complying with paragraph (2)(a), shall take a digitized photograph of the youth within 60 days prior to release. Prior to the youth's release, the program shall provide the photograph to the youth's JPO or, if there is a web camera, the program shall download the photo into JJIS for inclusion in the youth's file.

(3) Discharge. When a youth is being directly discharged rather than released to post-commitment probation or conditional release supervision, a residential commitment program shall comply with the notification requirements for release, with the following exceptions:

(a) The program shall send a discharge rather than release summary with the Pre-Release Notification and Acknowledgment form, to the youth's JPO; and

(b) The program shall notify the youth's parent(s), guardian, or supportive person(s) at least 30 days prior to the youth's discharge unless the youth is being discharged because he or she has reached the maximum age of jurisdiction.

(c) If a youth in a residential commitment program is taken into custody by law enforcement as an adult for crimes that occurred prior to or during residential placement, the program shall:

1. Obtain a signature of the law enforcement officer taking custody of the youth, provide them a copy of the youth's commitment order, and provide them a copy of the completed Request for Notification When Youth Is Ready for Release form. The Request for Notification When Youth Is Ready for Release, (RS 009, September 2006) is incorporated within this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10400, or may be obtained by contacting, DJJ, Office of Residential Services, 2737 Centerview Drive, Tallahassee, Florida 32399;

2. Contact the youth's JPO by telephone and in writing, immediately notifying him or her of the youth's status; and

3. Document the event, notifications and attempted notifications.

(d) When a youth in a residential commitment program is arrested on a new charge or a pre-placement charge pending in juvenile court that results in the youth going to detention, the residential program shall facilitate a timely return of the youth unless the youth's continued placement in the program substantially jeopardizes safety or security.

(e) For youths on Suicide Risk Alert or Suicide Precautions immediately prior to release, transfer or discharge from a residential program, the program shall provide verbal and written notification, pursuant to chapter 63N-1, F.A.C., as follows:

1. If the youth is to be released to the parent(s), guardian, or supportive person(s), the parent(s), guardian, or supportive person(s) must be verbally informed and provided written notification of the youth's suicide risk status prior to discharge from the program. The notification of suicide risk must be documented and permanently filed in the youth's Individual Healthcare Record.

2. If the youth is to be transferred to another DJJ facility, a jail or hospital, the facility superintendent or program director where the youth is to be transferred must be notified verbally and by email of the youth's suicide risk status prior to discharge from the program. The notification of suicide risk must be documented and permanently filed in the youth's Individual Healthcare Record.

Notes

Fla. Admin. Code Ann. R. 63E-7.106

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.