Fla. Admin. Code R. 63D-13.001

Current through Reg. 50, No. 212; October 29, 2024

Section 63D-13.001 - Definitions

For this rule chapter, the following terms are defined as follows:

(1) Abscond - Abscond means to hide, conceal, or absent oneself from the jurisdiction of the court or supervision of the department to avoid prosecution or supervision.

(2) Authority for Evaluation and Treatment (AET) - Form HS 002, that when signed by a parent or legal guardian, gives the department the authority to assume responsibility for the provision of routine mental and physical healthcare to a youth within its physical custody.

(3) Case Notebook Module - A module with the Juvenile Justice Information System (JJIS) that serves as the sole source for documenting all case management and supervision activities in all state-operated and provider community supervision programs.

(4) Central Communication 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.

(5) Chief Probation Officer (CPO) - The department employee who is responsible for managing community-based program operations and staff within each of Florida's twenty judicial circuits.

(6) Civil Citation - A program designed to give law enforcement an alternative to custody that provides swift and appropriate consequences to youth for certain minor misdemeanor delinquent acts. The goals of Civil Citation are to divert the youth at the time of arrest, make the youth accountable for delinquent behavior, involve the parents in sanctioning the youth, and prevent the youth's further involvement in the juvenile justice system. Law enforcement officers are allowed the discretion of issuing a citation rather than a formal complaint.

(7) Commitment Conference - A multidisciplinary staffing conducted to discuss the department's recommendation to the court for youth who may be appropriate for residential commitment. Participants may include the youth, parent(s)/guardian(s), Juvenile Probation Officer (JPO), Juvenile Probation Officer Supervisor (JPOS), Commitment Manager, school officials, service providers, Guardian ad Litem (GAL) and other parties involved in the youth's case. Required attendees are limited to department staff. All others are invited to participate and may do so in person, by telephone or by timely written submission.

(8) Community Assessment Tool (CAT) - An instrument used by the JPO to determine the youth's risk to re-offend and identify criminogenic needs that require intervention. The CAT is administered in two parts:

(a) A pre-screen is completed for all youth who are referred to the department;

(b) A full assessment is completed for youth who have been placed under department supervision by the court and who have been identified as moderate-high or high-risk to reoffend on the pre-screen.

(9) Complainant - Any person or agency having knowledge of the facts related to the allegations of the delinquency of a youth and who makes a formal complaint or delinquency referral based upon these facts.

(10) Complaint - A written report alleging facts sufficient to establish the delinquency of a youth and the jurisdiction of the court.

(11) Comprehensive Assessment - The gathering of information used to assess for biological, psychological and social factors as they relate to the youth's need for rehabilitative and treatment services, including substance abuse treatment services, literacy services, medical services, family services, and other specialized services, as appropriate.

(12) Comprehensive Evaluation - A more detailed gathering of information that builds upon the previously completed comprehensive assessment, addressing physical health, mental health, substance abuse, academic, educational, or vocational problems of a youth for whom a residential commitment disposition is anticipated, which is summarized in the youth's predisposition report.

(13) Conditional Release (CR) - Under the legal status of conditional release, the youth remains on commitment status and is subject to transfer back to a residential commitment program if noncompliant.

(14) Criminogenic Needs - Refers to the factors or characteristics found in empirical research studies to be predictors of delinquency and recidivism.

(15) Detention Screening Instrument (DSI) - The risk assessment instrument authorized by Section 985.245, F.S., that is used to determine the detention care placement for youth.

(16) Diligent Search - Is a thorough search made by the Juvenile Probation Officer (JPO) or Case Manager to check with the youth's parents, employer, school, family members, and others likely to have knowledge of his or her whereabouts, to document evidence supporting that the youth is hiding to avoid supervision.

(17) Direct Discharge - The release of a youth from a residential commitment facility without any court ordered requirements for community supervision by the department.

(18) Disposition Matrix - A structured decision-making tool, that provides research-based guidelines to Juvenile Probation Officers for making recommendations to the court for law violations.

(19) Diversion Services - Non-judicial alternatives used to keep youth who have committed a delinquent act from being handled through the traditional juvenile justice system. These services are intended to intervene at an early stage of delinquency, prevent subsequent offenses during and after participation in the programs, and provide an array of services to juveniles referred to the department.

(20) Effective Response System - A written plan developed in each circuit, in consultation with judges, state attorneys and public defenders, which describes in detail a methodology for responding when youth under supervision violate a condition of their probation or conditional release. These plans are based upon the principle that sanctions should reflect the seriousness of the violation, the assessed criminogenic needs and risks of the youth, and how effective the sanction or incentive will be in moving the youth to compliant behavior.

(21) Face Sheet - Youth specific demographic and referral history information that is generated by the department's Juvenile Justice Information System (JJIS).

(22) Family - The people responsible for caring for a youth. Family may include biological parents, step parents, adoptive parents, guardians, foster parents, and sometimes other extended family members.

(23) Interstate Compact on Juveniles (ICJ) Circuit Liaison - A department employee responsible for providing technical assistance to circuit administration for incoming and outgoing transfers of inter- and intra-state compact juveniles, for the purpose of providing supervision as well as assisting the department ICJ headquarters office with extradition cases.

(24) Intervention - An action taken or facilitated by the JPO to promote the reduction of a criminogenic need, and may include direct contact with youth, collateral contacts, referrals for services, monitoring progress, and following up with youth and family.

(25) Juvenile Assessment Center (JAC) - Community operated facilities that provide collocated central intake and screening services for youth referred to the department.

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

(27) Juvenile Probation Officer (JPO) - An employee of the department responsible for the intake of youth upon arrest and the supervision of youth on court ordered supervision in the community. The JPO serves as the primary case manager for managing, coordinating and monitoring the services provided and sanctions required for each youth. In this rule chapter, whenever a reference is made to the objectives and duties of a JPO, it shall also apply to case management staff of a provider agency contracted to perform these duties and objectives.

(28) Juvenile Probation Officer Supervisor (JPOS) - An employee of the department or a contracted provider who provides first line oversight and management of the JPOs in the unit. The JPOS is responsible for overall direction and guidance of the services provided by the JPO including, but not limited to reviewing the progress of cases, documenting compliance with law and court orders, and approving YES Plans and revisions to YES Plans.

(29) Minimum-Risk Non-Residential - Programs or program models at this commitment level work with youth who remain in the community and participate at least five (5) days per week in a day treatment program. Youth assessed and classified for programs at this commitment level represent a minimum risk to themselves and public safety and do not require placement and services in residential settings. Youth in this level have full access to, and reside in, the community. Youth who have been found to have committed delinquent acts that involve firearms, that are sexual offenses, or that would be life felonies or first-degree felonies if committed by an adult may not be committed to a program at this level

(30) Massachusetts Youth Screening Instrument - 2 (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.

(31) Multidisciplinary Assessment - An information gathering exercise designed to ensure that youth being considered for commitment are placed in a delinquency program that provides an appropriate level of supervision and treatment services.

(32) Post Commitment Probation (PCP) - Assessment and intervention services provided to youth who are released from residential commitment programs. Under the legal status of post-commitment probation, the youth is legally transferred from commitment status to probation status and is subject to court-ordered sanctions.

(33) Pre/Post-Disposition 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.

(34) Prevention Web - The department's electronic information system, which is used to gather and store information on youth having contact with the department's prevention or civil citation programs.

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

(36) Probation - Assessment and intervention services provided to youth who are court-ordered to community supervision after the court has determined that the youth committed a delinquent act.

(37) Probation Medical and Mental Health Clearance Form - The form used to screen for mental health, substance abuse and medical problems when law enforcement delivers a youth to the department upon apprehension. The purpose of the form is to comply with statutory requirements for diverting youth to the proper community resource if they require urgent treatment or intervention upon arrest.

(38) Progress Report Form - A report that advises the court of the status of a youth including legal information, summary of progress, and recommendation(s).

(39) Prolific Juvenile Offender (PJO) - A child who is charged with a delinquent act that would be a felony if committed by an adult, and who meets the criteria in Section 985.255, F.S., for increased supervision.

(40) Request for Release Letter - A letter to accompany the pre-release notification used to advise the court of the department's agreement with the release request from the program. This form is also known as the Judge's Release Notification.

(41) Respite - Services and placements for youth that need a place to stay away from their home for a short period of time.

(42) State Attorney Recommendation (SAR) - A report detailing the department's recommendation and justification as to how the state attorney should proceed with the case. The two primary options in making the recommendation to the state attorney are non-judicial handling or judicial handling.

(43) Suicide Risk Screening Instrument (SRSI) - The form MHSA 002 which documents the standardized questions asked by trained designated staff at intake into the juvenile justice system and upon admission to a detention center to identify suicide risk factors and the need for referral for assessment of suicide risk.

(44) Supervision Transfer Summary - A form that provides the receiving circuit of a youth's case critical information about the youth, including the youth's address, living situation, legal status, and a summary of the case(s).

(45) Violation of Supervision - A noncompliant act committed by a youth that violates the conditions of the probation or post commitment probation court order.

(46) 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.

(47) Youth Empowered Success (YES) Plan - The document developed by the youth, parent(s)/guardians(s), and JPO to plan for the completion of court-ordered sanctions and address criminogenic needs.

(48) Youth Reporting Center - Locations within the community that allow JPOs to be available to youth and families close to their homes during extended hours.

Fla. Admin. Code Ann. R. 63D-13.001

Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.03, 985.135, 985.14, 985.145, 985.245, 985.435, 985.46, 985.601 FS.

Adopted by Florida Register Volume 46, Number 078, April 21, 2020 effective 5/4/2020.

New 5-4-20.