Section 63E-7.108 - Program Administration(1) A residential commitment program director shall be accountable for the daily operation of the program, as well as ongoing program planning and evaluation to ensure safety, security, and effectiveness of services provided to youth. The residential program director shall ensure the program maintains a trauma responsive residential environment for youth, family, and staff.(2) A residential commitment program's mission statement shall be consistent with the department's mission and principles of the restorative justice philosophy.(3) A residential commitment program's written description shall include, at a minimum, the delinquency intervention strategy, treatment model and services provided.(4) A residential commitment program director shall ensure provisions for staffing that, at a minimum, address the following: (a) Level 2 pre-employment screening requirements pursuant to chapter 435 and section 985.644, F.S.;(b) Staff retention planning that includes steps to minimize turnover and improve employee morale;(c) Maintenance of an organizational chart that reflects spans of control and lines of authority and specifies the job title, and the primary function if not inherent in the job title, of each program staff and overlay service provider;(d) Staffing schedules that ensure coverage across shifts and a system for accessing additional staff coverage as needed;(e) Position descriptions for each staff member that specify required qualifications, job functions or duties, and performance standards. Staff's implementation of the program's behavior management system, and delivery of delinquency intervention services are to be identified as job functions for applicable staff;(f) A system for evaluating staff at least annually based on established performance standards;(g) Systems of communication to keep staff informed and give them opportunities for providing input and feedback pertaining to operation of the program;(h) A dress code for staff that promotes professionalism, safety, and positive role modeling for youth; and(i) A code of conduct for staff that clearly communicates expectations for ethical and professional behavior, including the expectation for staff to interact with youth in a manner that promotes their emotional and physical safety.(5) A residential commitment program shall appoint a staff member to serve as the PREA Facility Compliance Manager, whose duties shall include:(a) Oversight of their designated facility's implementation and compliance efforts as they relate to PREA standards.(b) Coordination and communication on a regular basis with the department PREA Coordinator as to the facility's compliance with PREA standards.(c) Responsibility for hands-on involvement with auditors conducting reviews at their facility and for developing corrective action plans deemed necessary by the audit report.(d) Ensuring all PREA training is conducted as required at their facility and that all staff have been properly trained on PREA prior to their interaction with youth at the facility.(e) Ensuring that youth have access to information regarding PREA, the department's zero-tolerance policy on sexual misconduct, and that information is readily available to youth if they need to report any incident.(f) Ensuring confidentiality of reported information and monitoring any retaliation that may happen as a result of a reported incident.(6) A residential commitment program shall establish a system for fiscal management and control.(7) A residential commitment program shall ensure that a system is in place to request payment by parents/legal guardians or private insurance, if available, for youth's necessary medical treatment prior to forwarding medical bills to the department for payment.(8) A residential commitment program shall report as follows:(a) Incident reporting to the department's Central Communications Center;(b) Reporting of Protective Action Response (PAR) incidents or use of mechanical restraints pursuant to chapter 63H-1, F.A.C.;(c) Reporting required for state-operated programs and programs operated by not-for-profit contracted providers to participate in the USDA National School Lunch and Breakfast Program; and(d) Reporting of abuse throughout the facility and unhindered access for staff and youth to report abuse to the Department of Children and Family Services central abuse hotline addressed in chapter 39, F.S., or if the allegedly abused youth is 18 years or older, the department's Central Communication Center. For purposes of this rule, unhindered access means the program shall allow youth and staff to make the decision to report allegations of abuse without obtaining permission. The program shall provide youth with timely telephone access to report allegations of abuse without intimidation or reprisal. However, if the youth requests telephone access during a scheduled structured activity, the program shall provide access as soon as that activity concludes.(e) A residential commitment program director shall immediately contact the department's regional residential director or designee to report the death of any youth residing in the program. The program director shall provide information as needed to enable the department to notify the youth's parent(s), guardian, or supportive person(s).(9) A residential program director shall establish a system to monitor the program's bed capacity and the length of stay of youth in placement to ensure all youth are progressing through the program and to target potential problems with any youth's planned release.(10) A residential commitment program shall update the Bed Management System in the department's Juvenile Justice Information System (JJIS) as follows:(a) Any youth admission, transfer, release or discharge within 24 hours of the event; and(b) Placement of any youth on inactive status within 48 hours of an escape or admission to a juvenile detention center or jail.(11) A residential program shall notify the department's designated regional commitment manager if a youth is placed in a medical or mental health facility for longer than five days.(12) A residential program shall be reviewed, audited, or investigated as follows:(a) The department shall conduct performance reviews of each residential commitment program at least annually. These reviews shall determine the program's compliance with rules adopted by the department and, if applicable, the terms and conditions of the provider's contract with the department.(b) The department shall conduct quality assurance reviews of residential commitment programs. Standards and indicators used for this purpose shall be based on provisions of rules adopted by the department and any special provisions outlined in the provider's contract.(c) The program shall cooperate with any review or investigation coordinated or conducted by the department's Office of the Inspector General pursuant to section 20.055, F.S.(d) In cases where federal funds are involved, audits may be conducted according to federal requirements.(e) The program shall conduct an annual self-assessment of trauma responsive practices within the facility. The assessment used shall be developed by the department.(13) A residential commitment program director shall build partnerships and collaborate with juvenile justice stakeholders in the community. (a) The program shall establish a community support group or advisory board that meets at least every 90-120 days. The program director shall solicit active involvement of interested community partners including, but not limited to representatives from law enforcement, the judiciary, the school board or district, the business community, and the faith community. In addition, the program director shall recruit a victim, victim advocate, or other victim services community representative and a parent whose child was previously, rather than currently, involved in the juvenile justice system.(b) The program shall collaborate with the school district to ensure the delivery of quality educational services consistent with the cooperative agreement between the school district and the department pursuant to section 1003.52, F.S.(c) The program shall develop a facility operating procedure that identifies criteria for law enforcement involvement at the facility.(d) A residential commitment program may involve community volunteers, including mentors for youth, consistent with background screening requirements pursuant to section 985.644, F.S. The program shall provide supervision to ensure the volunteer is providing services in a manner that meets the expectations of the program and ensures the emotional and physical safety of its youth.(14) A residential commitment program shall include information obtained from youth and parent surveys as well as reports published annually by the department in their program planning and assessment process.(15) A residential commitment program shall maintain a chronological record of events as they occur or, if an event disrupts the safety and security of the program, as soon as is practicable after order has been restored. (a) The program shall document the following events, incidents and activities in a central logbook maintained at master control, or in living unit logbooks, or both. 2. Incidents, including the use of mechanical restraints;3. Special instructions for supervision and monitoring of youth;4. Population counts at the beginning and end of each shift and any other population counts conducted during a shift;5. Perimeter security checks and other security checks conducted by direct care staff;6. Transports away from the facility, including the names of staff and youth involved and the destination;7. Requests by law enforcement to access any youth;8. Removal of any youth from the mainstream population, such as when a youth is placed on room restriction or controlled observation;9. Admissions and releases, including the name, date and time of anticipated arrival or departure, and mode of transportation; and10. Information relating to escape or attempted escape incidents.(b) Each logbook shall be a bound book with numbered pages. Every entry in a logbook shall be considered a permanent record; therefore, under no circumstances shall any logbook entry be obliterated or removed. An error in an entry shall be struck through with a single line and initialed by the person correcting the error.(c) At a minimum, each logbook entry shall be legible, include the date and time of the event, the names of staff and youth involved, a brief description of the event, the name and signature of the person making the entry, and the date and time of the entry.(d) The program shall use one of the following methods to ensure that each direct care staff person, including each supervisor, is briefed when coming on duty:1. Living Unit Logbook Review. If the program maintains a logbook at each living unit, each incoming staff shall review entries made during the previous two shifts in the logbook maintained in the living unit to which he or she is assigned. The staff shall document his or her review in the logbook, including the date, time and signature.2. Shift Report Review. If the program does not maintain a logbook at each living unit, the program shall summarize in a shift report the events, incidents, and activities documented in the program's central logbook. A program supervisor shall verbally brief incoming staff about the contents of the shift report, or incoming staff shall themselves review the shift report. Each incoming staff shall sign and date the shift report for the previous shift to document that he or she has reviewed or been verbally briefed about its contents. A copy of the shift report shall be maintained at each living unit for at least 48 hours.(16) A residential commitment program shall establish a records management system that addresses all records maintained by the program including, but not limited to, administrative files, personnel records, fiscal and accounting records, property inventories, and records pertaining to youth. (a) The program shall maintain an official youth case record for each youth that is comprised of two separate files as follows: An Individual Healthcare Record that contains the youth's medical, mental health, and substance abuse related information; and an individual management record that contains other pertinent information about the youth. The record's file tab shall provide the youth's legal name, DJJ identification number, date of birth, county of residence, and committing offense. The youth's JJIS face sheet and any JJIS special alerts shall be attached or filed in close proximity to the file tab. An individual management record shall be organized in the following separate sections:2. Demographic and Chronological Information;4. Case Management and Treatment Team Activities; and(b) The program shall clearly label each official youth case record, individual management record, and Individual Healthcare Record as confidential. All official youth case records shall be secured in a locked file cabinet or a locked room. The program shall clearly identify any file cabinet used to store official youth case records as confidential.(c) Each residential commitment program shall comply with the records and confidential information provisions pursuant to section 985.04, F.S.(d) The program shall transfer youth records when a youth is released, discharged, transferred to another residential commitment program, or placed in a juvenile detention center. Transfer of youth records shall be handled as follows:1. Within five working days of a youth's release or discharge, the program shall transfer the complete official youth case record to the departmental staff or contracted provider assigned to provide the youth's post-residential services. The program shall transfer the original record unless, due to federal auditing requirements, the program is required to retain any original documents. In this case, the program shall replace the originals required on site with complete copies.2. The program shall ensure that the complete official youth case record accompanies a youth transferred to another residential commitment program. The transferring program shall send the original record unless, due to federal auditing requirements, the program is required to retain any original documents. In this case, the program shall replace the originals required onsite with complete copies.3. If a youth residing in a residential commitment program is placed in a juvenile detention center, the program shall ensure that the youth's complete Individual Healthcare Record, either the original record or a copy, accompanies the youth when transported. If the youth is subsequently returned to the residential program, the detention center shall return the complete record at the time the youth is transported back to the program.Fla. Admin. Code Ann. R. 63E-7.108
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.