Fla. Admin. Code Ann. R. 63F-11.004 - Reportable Incident Types

(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.

Notes

Fla. Admin. Code Ann. R. 63F-11.004

Rulemaking Authority 985.64 FS. Law Implemented 985.601 FS.

New 10-11-10, Amended by Florida Register Volume 42, Number 149, August 2, 2016 effective 8/16/2016, Amended by Florida Register Volume 48, Number 222, November 15, 2022 effective 11/29/2022.

New 10-11-10, Amended 8-16-16, 11-29-22.