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.