Fla. Admin. Code Ann. R. 63E-7.100 - Definitions

For the purpose of this rule chapter, governing the administration and operation of residential commitment programs for youth, the following words shall have the meanings indicated.

(1) Academic Progress Monitoring Plan - An individualized academic plan that is developed, pursuant to Rule 6A-6.05281, F.A.C., by local school district personnel or contracted education staff within ten (10) school days of a youth's entry into a residential commitment program that is based on the youth's entry assessments and past educational history.

(2) Accountability - A youth taking personal responsibility for his or her actions and harm caused to others, making amends or restoring loss to those harmed, and changing behavior to reduce future harm and victimization.

(3) Admission - The admitting of a youth, committed by the court, into a specific residential commitment facility.

(4) Alert System - A method of alerting staff that a youth has physical health, mental health, or security issues that may require individual attention or closer supervision. An alert system is a tool for staff to use in making treatment, security and safety decisions as they relate to youth behavior, but does not provide detailed information about the conditions that resulted in the youth being identified for inclusion in the alert system.

(5) Apology letter - A youth's letter to the victim of his or her crime, or the next of kin in cases of homicide, or the parent or legal guardian in cases involving minor victims, in which the youth acknowledges personal accountability for the harm he or she caused the victim, as well as sincerely expresses remorse.

(6) Attorney of Record - A licensed attorney who represents the youth on a previous or pending case, or an attorney who has written authorization from the youth or the youth's parent or legal guardian to provide legal consultation or representation for the youth.

(7) Authority for Evaluation and Treatment (AET) - The document that, when signed by a parent or legal guardian, gives the department the authority to assume responsibility for the provision of necessary and appropriate physical and mental health care for a youth in the department's physical custody.

(8) Behavior Management System (BMS) - The use of techniques and strategies to change and motivate a youth's actions, such as getting them to follow the rules, increasing personal accountability and developing pro-social skills.

(9) Case Management Process - The process a residential commitment program uses to assess a youth, develop goals to address the youth's prioritized needs, review and report the youth's progress, and plan for the youth's transition to the community upon release.

(10) Central Communications Center (CCC) - The unit located in department headquarters that is charged with receiving reports regarding incidents and events involving youths in department custody or under supervision, and state and contracted employees from all department and provider facilities, programs funded in whole or in part, offices or sites operated by the department, a provider or grantee.

(11) Classification and Placement Administration - The department's unit responsible for providing statewide direction and oversight responsibilities to regional placement supervisors and their commitment staff.

(12) Commitment Manager - A department employee responsible for coordinating the placement of youth in residential commitment programs with the department's Classification and Placement Administration and the programs.

(13) Commitment/Transfer Packet - A compilation of legal, medical, mental health, substance abuse, and social history documents provided to a residential commitment program for each youth admitted to the program

(14) Commitment/Transfer Packet Checklist - A checklist to ensure that documents needed for an admission, including a transfer, to a residential commitment program are included in the Commitment/Transfer Packet.

(15) Community Projects - A structured public service activity wherein youth contribute to the community and make amends, while developing community awareness and skill competencies.

(16) Competency Development - Opportunities for youth to obtain and practice social, vocational, employability, academic, and other life skills so he or she is more capable of living responsibly and productively in the community upon release from a residential commitment program.

(17) Comprehensive Physical Assessment (CPA) - A comprehensive physical assessment (exam) performed by a physician (MD), osteopathic physician (DO), physician's assistant (PA), or advanced practice registered nurse (APRN). The purpose of this assessment is the establishment of a data point, which is used to facilitate the following:

(a) Identification and treatment of acute, chronic, and functional medical and dental problems;

(b) Promotion of growth and development;

(c) Prevention of communicable diseases; and,

(d) Provision of health education.

(18) Conflict Resolution - A process wherein all parties involved in a conflict feel safe and have a chance to be heard while working out differences and reaching a reasonable and fair agreement.

(19) Continuity of Operations Plan (COOP) - For purposes of this rule, a plan that provides for the continuity of mission-essential functions of a residential commitment program in the event an emergency prevents occupancy of its primary physical plant or facility.

(20) Contraband -

(a) Any item or article inside or on the property of a residential commitment program, or in the possession of a youth or staff that was not:

1. Issued by the program;

2. Approved for purchase through an approved source;

3. Authorized and approved for delivery by mail; or

4. Authorized to be brought into the residential commitment program.

(b) Any item or article which is altered from its original design or is being used for a purpose other than that for which it was designed or authorized.

(21) Contracted Provider - An entity contractually providing juvenile services to the department.

(22) Controlled Observation - An immediate, short-term crisis management strategy to be used only when all other de-escalation strategies have been unsuccessful.

(23) Criminogenic - The factors or characteristics found in empirical research studies to be predictors of delinquency and recidivism.

(24) Delinquency Interventions and Treatment Services - Those services implemented or delivered by program staff to address youths' performance and treatment plan goals. Delinquency interventions and treatment services must demonstrate a level of effectiveness based on one of the following categories:

(a) Evidence-Based - Interventions and practices, which have been independently evaluated and found to reduce the likelihood of recidivism and address at least two criminogenic needs, within a juvenile offending population. The evaluation must have used sound methodology, including, but not limited to, random assignment, use of control groups or matched comparison groups, valid and reliable measures, low attrition, and appropriate analysis.

(b) Demonstrated Effectiveness - Interventions and practices based on general principles, strategies, and modalities reported in criminological, psychological, or other social science research as being effective with a juvenile offending population. These practices must be outlined in a format that ensures consistent delivery by the facilitator across multiple groups.

(c) Promising Practice - Manualized curricula that have been evaluated and found to reduce the likelihood of recidivism and address at least one criminogenic need within a juvenile offending population.

(d) Any other delinquency interventions and treatment services approved by the department.

(25) Designated Mental Health Clinician Authority - A Licensed Mental Health Professional who, through employment or contract, is responsible for ensuring appropriate coordination and implementation of mental health and substance abuse services in a departmental facility or program.

(26) Direct-Care Staff - An employee whose primary job responsibility is to provide care, custody, and control of youth committed to a residential commitment program. This definition includes those who directly supervise staff responsible for the daily care, custody, and control of youth.

(27) Disaster Plan - A plan that addresses a residential commitment program's response to potential disaster or emergency situations.

(28) Discharge - The release of a youth from a residential commitment program who is no longer under the jurisdiction of the court.

(29) DJJ ID Number - A number generated by the Juvenile Justice Information System (JJIS) that is used to identify each youth entered into JJIS.

(30) Escape Notification Form - A form used by a residential commitment program to notify law enforcement and the department when a youth escapes or absconds and is away from the facility premises without permission. It provides youth-specific information that might be helpful in locating the youth.

(31) Exit Conference - A conference that a residential commitment program conducts at least 14 days prior to a youth's targeted release date, wherein the youth, residential program staff, the youth's Juvenile Probation Officer and post-residential services counselor, the youth's parent(s), guardian, or supportive person(s) for youth, and other pertinent parties, review the status of the youth's transitional activities and finalize plans for the youth's release and re-entry into the community.

(32) Face Sheet - Youth specific demographic information that is generated by JJIS.

(33) Facility Entry Screening - The gathering of preliminary information used in determining a youth's need for emergency services, further evaluation, assessment, or referral.

(34) Frisk Search - A search conducted by residential program staff through the youth's clothing. A frisk search shall be conducted by a single staff member, except when a cross-gender search is necessary, in which case two staff members shall be required.

(35) Full Body Visual Search - A search that requires youth to remove or arrange some or all of their clothing so as to permit a visual inspection of the youth. All full body visual searches shall be conducted by two staff members.

(36) Grievance Procedure - A procedure for addressing youth grievances in residential commitment programs.

(37) Home Visit - A court-approved, temporary release of a youth from a residential commitment program wherein the youth is under the care, supervision and control of a parent, guardian, or a person approved by the court for a period not to exceed three days before returning to the program.

(38) Impact of Crime (IOC) Curriculum - A delinquency intervention developed by the department that includes competency development, community safety, and personal accountability for the harm caused.

(39) Individual Health Care Record - The permanent departmental file containing the unified cumulative hard-copy collection of clinical records, histories, assessments, treatments, diagnostic tests which relate to a youth's medical, mental health, substance abuse, developmental disability, behavioral health and dental health which have been obtained to facilitate care or document care provided while the youth is in a detention center and residential commitment program.

(40) Individual Case Management Record - The organized collection of records and documents that relate to a youth's care, custody and delinquency interventions and treatment services in a residential commitment program, with the exception of records relating to the youth's medical, mental health, substance abuse, development disability, behavioral health and dental health that comprise the youth's Individual Healthcare Record.

(41) Intervention and Treatment Team - A multidisciplinary team responsible for implementing the case management process that focuses on planning for and ensuring delivery of coordinated delinquency interventions and treatment services to meet the youth's prioritized needs. The team is comprised of the youth, parent(s), guardian, or supportive person(s) for youth, representatives from the program's administration and residential living environment, assigned Juvenile Probation Officer (JPO), and others responsible for delinquency interventions and treatment services for the youth. Refer to the definition of case management process included in this rule section.

(42) Jimmy Ryce Act Process for Violent Sexual Offenders - As defined in Sections 394.910 - 394.932, F.S., is a process that determines if individuals whose offense(s) has/have been of a sexual nature that meet the statutory criteria for involuntary civil commitment to the Department of Children and Family (DCF) services.

(43) Juvenile Justice Information System (JJIS) - The department's electronic information system used to gather and store information on youth having contact with the department.

(44) Juvenile Probation Officer (JPO) - The primary case manager for the purpose of managing, coordinating and monitoring the services provided and sanctions required for youth on probation, post-commitment probation or conditional release supervision. In this rule chapter, whenever a reference is made to the tasks and duties of a JPO, it shall also apply to case management staff of a provider agency contracted to perform these duties and tasks.

(45) Juvenile Sex Offender - As defined in Section 985.475, F.S, a juvenile who has been found by the court to have committed a violation of Chapters 794, 796, 800, and Section 827.071 or 847.0133, F.S.

(46) Length of Stay -The length of time a youth resides in a residential commitment program.

(47) Licensed Mental Health Professional - A Psychiatrist licensed pursuant to Chapter 458 or 459, F.S., who is board certified in Child and Adolescent Psychiatry or Psychiatry by the American Board of Psychiatry and Neurology or has completed a training program in Psychiatry approved by the American Board of Psychiatry and Neurology for entrance into its certifying examination, a Psychologist licensed pursuant to Chapter 490, F.S., a Licensed Mental Health Counselor, Licensed Marriage and Family Therapist, or Licensed Clinical Social Worker licensed pursuant to Chapter 491, F.S., or a Psychiatric Nurse as defined in Section 394.455, F.S.

(48) Massachusetts Youth Screening Instrument, Second Version (MAYSI-2) - A 52-item true-false screening instrument designed to identify signs of mental disturbance or emotional distress authorized by DJJ for use at intake into the juvenile justice system and upon admission to a day treatment or residential commitment program. The MAYSI-2 is published by Professional Resource Press.

(49) Official Youth Case Record - A case record, comprised of the individual case management record and the Individual Healthcare Record, that a residential commitment program maintains on each youth.

(50) Off-Campus Activity - Any supervised activity that involves youth leaving the residential commitment program's premises.

(51) Orientation - The process that begins the day of, or prior to, the youth's admission whereby facility staff inform the youth of the rules, expectations, services, and goals of the residential commitment program.

(52) Performance Plan - A youth's individualized plan that addresses needed delinquency interventions identified through the assessment process and includes measurable goals that the youth is expected to achieve prior to release from a residential commitment program.

(53) Performance Summary - Information used to inform the youth, committing court, the youth's JPO, parent(s), guardian, or supportive person(s) for youth, and other pertinent parties of the youth's performance in the program, including status of and progress toward performance plan goals, academic status, behavior and adjustment to the program, significant incidents (positive and negative), and justification for a request for release, discharge or transfer, if applicable.

(54) PREA Coordinator - Position within the department responsible for developing, implementing, and overseeing the department's efforts to comply with the PREA standards in all of its juvenile residential facilities.

(55) PREA Facility Compliance Manager - Position at each juvenile residential facility operated by and for the department responsible for coordinating the facility's efforts to comply with PREA standards.

(56) Prison Rape Elimination Act (PREA) - The federal statute intended to eradicate sexual assault in correctional facilities, and which is implemented by national standards at 28 C.F.R. Part 115.

(57) Predisposition Report (PDR) - A multidisciplinary assessment that provides demographic and social history information and reports the youth's priority needs, makes recommendations, and provides a plan for treatment that recommends the most appropriate placement setting to meet the youth's needs with the minimum program security that reasonably ensures public safety.

(58) Pregnant Youth - Any youth whose pregnancy is confirmed by or otherwise known to a qualified healthcare professional at the residential facility.

(59) Pre-Release Notification and Acknowledgement - A three-part form initiated by a residential commitment program to give prior notification to the JPO of a youth's planned release, then allows for the JPO to add additional information pertinent to the release, and finally allows for the court's approval or deemed approval by the court of the release.

(60) Program Director - The on-site administrator of a residential commitment program, who is accountable for the operation of the program. This term may be referred to as facility administrator.

(61) Residential Assessment for Youth (RAY) - A JJIS web-based assessment instrument that identifies a youth's criminogenic needs and assists staff in addressing the youth's risk and protective factors.

(62) Release - When a youth re-enters his or her home community after completing and exiting a residential commitment program.

(63) Request for Notification When Youth Is Ready for Release - A request made by a residential commitment program and provided to law enforcement when a youth is removed from the program for incarceration in a county jail.

(64) Residential Commitment Program - A non-secure or secure residential delinquency program.

(65) Residential Environment - The environment within a residential commitment program comprised of its youth, staff, and other service providers, such as contracted/subcontracted medical, mental health services, educational/vocational staff, and volunteers.

(66) Responsivity - A youth's amenability to treatment and the capacity to respond to programming due to his or her characteristics, such as gender identity/sexual orientation, mental health status, physical health status, cognitive performance, age, and prior victimization.

(67) Restrictiveness Level - As defined in Chapter 985.03, F.S., the level of programming and security provided by programs that service the supervision, custody, care, and treatment needs of committed children.

(a) Non-Secure Restrictiveness Level - A statutorily defined restrictiveness level to which courts commit youth to the department.

(b) Secure Restrictiveness Level - One of the statutorily defined restrictiveness levels, including high- and maximum-risk, to which courts commit youth to the department.

(68) Safety Planning Process for Youth - A plan developed and updated in an ongoing collaboration with the youth to identify specific behaviors or triggers that may decrease the youth's sense of safety and therefore increase the likelihood that the youth experiences a traumatic stress related response. The safety planning process shall be designed to identify areas that affect the youth and shall incorporate trauma responsive practices. The safety planning process for youth is separate and apart process from the youth's performance and treatment plan process.

(69) Sexual Misconduct - Any act of sexual abuse or sexual harassment.

(70) Sexually Violent Predator (SVP) - As defined in Chapter 394.912, F.S., and for the purposes of this chapter, SVP eligible refers to a youth being subject to the requirements of Chapters 394.910 - 394.932, F.S.

(71) Supportive Persons for Youth - An individual identified by the youth or parent/guardian, who can contribute to the youth's completion of the residential program. The supportive person shall be approved by the youth's juvenile probation officer (JPO) and parent/guardian, in collaboration with the program's multidisciplinary treatment team. If the multidisciplinary treatment team and the JPO disagree on the supportive person, a discussion between the Probation and Residential regional directors, as well as the program's facility administrator, shall determine if the person is approved. The approved supportive person(s) shall be entered by the JPO into the Juvenile Justice Information System (JJIS).

(72) Temporary Release - A court-ordered release in which a child is allowed to temporarily leave the residential commitment program for a specific purpose approved by the court without being under the direct supervision of the residential commitment program staff.

(73) Transfer - The movement of a youth from one residential commitment program to another, at the same, lower or higher restrictiveness level.

(74) Transition Conference - A conference, conducted at least 60 days prior to a youth's anticipated release from a residential commitment program, wherein the youth, residential program staff, the youth's JPO and post-residential services counselor, and the youth's parent(s), guardian, or supportive person(s) for youth, establish transition activities, with accompanying responsibilities and timelines, to facilitate the youth's successful release and reintegration into the community.

(75) Transition Planning - The process of establishing transition activities to facilitate a youth's successful release from a residential commitment program and reintegration into the community.

(76) Trauma Responsive Practices (TRP) - Policies, procedures and practices that recognize and respond to the experiences of trauma in the lives of youth and families.

(77) Treatment Plan - A written guide that structures the focus of a youth's short-term or ongoing treatment services in the areas of mental health, substance abuse, developmental disability or physical health services.

(78) Treatment Services - Services delivered by clinicians in accordance with a mental health, substance abuse, physical health, or developmental disability treatment plan. This includes implementation of any curriculum specifically designed to be delivered by clinicians.

(79) Victim - A person who suffers physical, financial or emotional harm as a result of a crime and who is identified on a law enforcement victim notification card, a police report, or other official court record as a victim.

(80) Victim Notification of Release - A process in which a residential commitment program notifies the victim, or the next of kin in cases of homicide, or the parent or legal guardian in cases involving victims who are minors, prior to any discharge or release, including a temporary release, of a youth whose committing offense meets the criteria for victim notification in Chapter 960, F.S.

(81) Vulnerability to Victimization and Sexually Aggressive Behavior (VSAB) Screening -A screening process to assess a youth's vulnerability to victimization and sexually aggressive behavior prior to room assignment

(82) Youth Needs Assessment Summary - A summary document in JJIS of all completed evaluations and assessments used to identify strengths and needs. This summary is completed by the case manager and is used to create the youth's Performance Plan.

Notes

Fla. Admin. Code Ann. R. 63E-7.100

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, Adopted by Florida Register Volume 47, Number 002, January 5, 2021 effective 1/18/2021.

New 5-30-19, Amended 1-18-21.