Skip navigation

Operation of Residential Programs Rules, FL DOC, 2010

Download original document:
Brief thumbnail
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
63E-7: Operation of Residential Programs
63E-7.001 Purpose and Scope.
This rule establishes the requirements for the department’s administration and operation of
residential commitment programs for juvenile offenders, with the exception of sheriff’s training
and respect programs and expedition programs specifically addressed in Chapters 63E-6 and 63E8, F.A.C., respectively.
Specific Authority 985.64, 985.601(3)(a), 20.316, 985.47, 985.483 FS. Law Implemented
985.601(3)(a), 985.03(44), 985.441(1)(b), 985.48, 985.47, 985.483 FS. History-New 9-30-07,
Amended 8-25-08, 1-25-09.

63E-7.002 Definitions.
For the purpose of this rule chapter, the following words shall have the meanings indicated.
(1) Accountability – Refers to 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.
(2) Admission – The admitting of a youth, committed by the court, into a specific residential
commitment facility.
(3) 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.
(4) 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.
(5) Authority for Evaluation and Treatment (AET) – The document that, when signed by a
parent or guardian, gives the department the authority to assume responsibility for the provision
of necessary and appropriate physical and mental health care to a youth in the department’s
physical custody. The Authority for Evaluation and Treatment (HS 002, February 2010) is
incorporated
into
this
rule
and
is
accessible
electronically
at
http://www.djj.state.fl.us/forms/health_services_forms_index.html.
(6) Case Management Process – Refers to 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.
(7) Central Communications Center (CCC) – A 24-hour 7-day per week system to which
incidents occurring at department or contract operated facilities or programs are reported.
(8) Classification and Placement Administration – The Department’s unit responsible for
providing statewide direction and oversight responsibilities to regional placement supervisors and
their commitment staff.
(9) 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.
(10) 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.
(11) 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. The Commitment/Transfer Packet Checklist (JJ/IS Form 20,

Page 1 of 55

63E-7: Operation of Residential Programs
September 2006) is incorporated into this rule and is accessible electronically at
http://www.djj.state.fl.us/ forms/residential_rule63E_forms.html.
(12) Community Safety – Refers to a physically and emotionally safe environment or
condition that exists when a community manages behavior so that its members live in peace and
mutual respect, with minimal threat of victimization and harm. A residential commitment
program promotes community safety by:
(a) Implementing strategies that focus on the short-term external control of youth to reduce
immediate or imminent risk of harm; and
(b) Developing youths’ capacity to manage their behavior to deter future victimization.
(13) Community Service – A structured public service activity wherein youth contribute to
the community and make amends, while developing community awareness and skill
competencies.
(14) Competency Development – Refers to 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.
(15) Comprehensive Physical Assessment – A comprehensive physical assessment (exam)
performed by a physician (MD), osteopathic physician (DO), physician’s assistant (PA), or
advanced registered nurse practitioner (ARNP). 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.
(16) Conflict Resolution – A dialogue 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.
(17) 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.
(18) Contracted Provider – An entity contractually providing juvenile services to the
department.
(19) Controlled Observation – An immediate, short-term crisis management strategy, not
authorized for use as punishment or discipline, wherein a youth in a residential commitment
program is placed in a separate, identified, safe and secure room used only for Controlled
Observation. Placement in this room is in response to his or her sudden or unforeseen onset of
behavior that substantially threatens the physical safety of others and compromises security. A
program is authorized to use this strategy only when non-physical interventions with the youth
would not be effective and during emergency safety situations where there is imminent risk of the
youth physically harming himself or herself, staff, or others, or when the youth is engaged in
major property destruction that is likely to compromise the security of the program or jeopardize
the youth’s safety or the safety of others.
(a) The Controlled Observation Report (RS 001, June 2008), that documents the approval,
use and administrative review of each use of controlled observation, is incorporated into this rule
and
is
accessible
electronically
at
http://www.djj.state.fl.us/forms/
residential_rule63E_forms.html.
(b) The Controlled Observation Safety Checks form (RS 002, June 2008), that documents
monitoring of youth and their behavior while placed in controlled observation, is incorporated

Page 2 of 55

63E-7: Operation of Residential Programs
into
this
rule
and
is
accessible
electronically
at
http://www.djj.state.
fl.us/forms/residential_rule63E_forms.html.
(20) Criminogenic – Refers to the factors or characteristics found in empirical research
studies to be predictors of delinquency and recidivism.
(21) Delinquency Intervention Services – Those services implemented or delivered by
program staff to address youths’ performance plan goals. The intent of delinquency intervention
services is to make communities safer by re-socializing youth and increasing their accountability
through opportunities to learn prosocial norms and develop cognitive reasoning and other
competencies that enable youth to make prosocial choices and live responsibly in the community.
(22) Designated Health Authority – The individual who is responsible for the provision of
necessary and appropriate health care to youth in a residential commitment program. Individual
Designated Health Authorities must be a physician (MD) or osteopathic physician (DO) who
holds a clear and active license pursuant to Chapter 458 or Chapter 459, F.S., respectively, and
meets all requirements to practice independently in the State of Florida.
(23) Designated Mental Health Authority – A licensed mental health professional who is a
psychiatrist licensed pursuant to Chapter 458 or 459, F.S., psychologist licensed pursuant to
Chapter 490, F.S., mental health counselor, clinical social worker, or marriage and family
therapist licensed pursuant to Chapter 491, F.S., or psychiatric nurse as defined in Section
394.455(23), F.S., who, through employment or contract, is designated as accountable to the
facility superintendent for ensuring appropriate coordination and implementation of mental health
and substance abuse services in a departmental facility or program.
(24) 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.
(25) Director of Programming – The individual responsible for the overall management of
delinquency intervention in the facility.
(26) Disaster Plan – A plan that addresses a residential commitment program’s response to
potential disaster or emergency situations.
(27) Discharge – The release of a youth from a residential commitment program who is no
longer under the jurisdiction of the court.
(28) DJJ ID Number – A number generated by the Juvenile Justice Information System (JJIS)
that is used to identify each youth entered into JJIS.
(29) Evidence-based Delinquency Interventions – Interventions and practices, which have
been independently evaluated and found to reduce the likelihood of recidivism or 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. Such
studies shall provide evidence of statistically significant positive effects of adequate size and
duration. In addition, there must be evidence that replication by different implementation teams at
different sites is possible with similar positive outcomes.
(30) 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/or post-residential services counselor, the youth’s parent
or guardian, 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.
(31) Expedition Program – A wilderness based residential program for committed youth
wherein the primary program component is a mobile environmental experience such as a canoe or
hiking expedition.

Page 3 of 55

63E-7: Operation of Residential Programs
(32) Face Sheet – Youth specific demographic information that is generated by the
department’s Juvenile Justice Information System (JJIS).
(33) Facility Entry Physical Health Screening – A standardized initial health screening,
conducted at the time of a youth’s admission or re-admission to each residential commitment
program. The purpose of this screening is to ensure that the youth has no immediate health
conditions or medical needs that require emergency services. The Facility Entry Physical Health
Screening form (HS 010, May 2007), used to conduct and document the screening, is
incorporated
into
this
rule
and
is
available
electronically
at
http://www.djj.state.fl.us/forms/health_services_forms_index.html.
(34) Facility Entry Screening – The gathering of preliminary information used in determining
a youth’s need for emergency services, further evaluation, assessment, or referral.
(35) Grievance Procedure – A procedure for addressing youth grievances in residential
commitment programs.
(36) High-risk Restrictiveness Level – One of five statutorily authorized restrictiveness
levels, defined in Section 985.03(44), F.S., to which courts commit youth to the department.
(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 or
guardian for a period not to exceed three days before returning to the program.
(a) The Home Visit Plan/Notification form (RS 003, September 2006), that notifies the
committing court, the parent or guardian, the Juvenile Probation Officer, and other pertinent
parties of a planned home visit and goals for the youth to accomplish during the visit, is
incorporated
into
this
rule
and
is
accessible
electronically
at
http://www.djj.state.fl.us/forms/residential_rule 63E_forms.html.
(b) The Home Visit Plan Approval form (RS 004, September 2006), that the program sends to
the committing court with the Home Visit Plan/Notification form to secure the court’s approval
for the home visit, is incorporated into this rule and is accessible electronically at
http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(38) Individual Healthcare Record – The unified cumulative collection of records, histories,
assessments, treatments, diagnostic tests and other documents which relate to a youth’s medical,
mental/behavioral, and dental health, and which have been obtained to facilitate care while the
youth is in the custody of a detention center or residential commitment program or which
document care provided while the youth is in the custody of these facilities.
(39) Individual Management Record – The organized collection of records and documents
that relate to a youth’s care, custody and treatment in a residential commitment program, with the
exception of records relating to the youth’s medical, mental/behavioral, and dental health that
comprise the youth’s individual healthcare record as defined in this rule.
(40) 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 intervention and treatment services to meet the youth’s prioritized needs.
The team is comprised of the youth, representatives from the program’s administration and
residential living unit, and others responsible for delinquency intervention and treatment services
for the youth. Refer to the definition of case management process included in this rule section.
(41) Involuntary Civil Commitment of Sexually Violent Predators: Refers to Sections
394.910-.932, F.S., that sets forth the process that determines if individuals whose offense(s) has
been of a sexual nature meet the statutory criteria for civil commitment to the Department of
Children and Family Services.
(42) Jimmy Ryce Act For Violent Sexual Offenders/Residential Program Notification
Checklist – A checklist that a residential commitment program sends, along with supporting
documents, to the youth’s Juvenile Probation Officer to be reviewed by the Department of

Page 4 of 55

63E-7: Operation of Residential Programs
Children and Family Services to determine eligibility for civil commitment as a sexually violent
predator pursuant to Chapter 394, F.S. The Jimmy Ryce Act For Violent Sexual
Offenders/Residential Program Notification Checklist form (DJJ/BCS Form 23, February 2005)
is
incorporated
into
this
rule
and
is
accessible
electronically
at
http://www.djj.state.fl.us/forms/residential_ rule63E_forms.html.
(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) – Serves as 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 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 – A juvenile who has been found by the court under Section
985.35, F.S., to have committed a violation of Chapter 794, Chapter 796, Chapter 800, Section
827.071 or Section 847.0133, F.S.
(46) Length of Stay – Refers to the length of time a youth resides in a residential commitment
program or to the designed length of stay for a particular residential commitment program,
reflecting the anticipated time it will take most youth placed in the program to successfully
complete it.
(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 who 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 mental health
counselor, marriage and family therapist, or clinical social worker licensed pursuant to Chapter
491, F.S., or a psychiatric nurse as defined in Section 394.455, F.S.
(48) Low-risk Restrictiveness Level – One of five statutorily authorized restrictiveness levels,
defined in Section 985.03(44), F.S., to which courts commit youth to the department.
(49) Massachusetts Youth Screening Instrument, Second Version (MAYSI-2) – The mental
health and substance abuse screening instrument designed to identify signs of mental/emotional
disturbance or distress and authorized by the department for use at intake into the juvenile justice
system and upon admission to a residential commitment program.
(50) Maximum-risk Restrictiveness Level – One of five statutorily authorized restrictiveness
levels, defined in Section 985.03(44), F.S., to which courts commit youth to the department.
(51) Moderate-risk Restrictiveness Level – One of five statutorily authorized restrictiveness
levels, defined in Section 985.03(44), F.S., to which courts commit youth to the department.
(52) Notification of Escape – 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. The Notification of Escape form (RS 005, September 2006) is incorporated
into
this
rule
and
is
accessible
electronically
at
http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(53) Notification of Transfer Staffing – A form letter that a residential commitment program
uses to notify a youth’s parent or guardian that a transfer staffing or conference has been
scheduled to address the youth’s potential transfer to another program. The Notification of
Transfer Staffing form (RS 006, September 2006) is incorporated into this rule and is accessible
electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.

Page 5 of 55

63E-7: Operation of Residential Programs
(54) Official Youth Case Record – A case record, comprised of the individual management
record and the individual healthcare record, that a residential commitment program maintains on
each youth.
(55) Off-campus Activity – Any activity that involves youth leaving the residential
commitment program’s premises.
(56) Orientation – The process that begins within 24 hours of the youth’s admission whereby
facility staff inform the youth of the rules, expectations, services, and goals of the residential
program.
(57) 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. Any
treatment service as defined in this rule section is addressed in a separate treatment plan.
(58) Performance Summary – A written document used to inform the youth, committing
court, the youth’s JPO, parent or guardian, 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. The Performance
Summary form (RS 007, September 2006) is incorporated into this rule and is accessible
electronically at http://www.djj.state.fl.us/forms/residential_rule63 E_forms.html.
(59) Physically Secure – The use of hardware security devices, such as security fences and
locks, to ensure that all facility entrances and exits of a residential commitment program are
under the exclusive control of program staff, preventing youth from leaving the program without
permission.
(60) Positive Achievement Change Tool (PACT) – A JJIS web-based assessment tool that is
scored automatically to determine the risk of a youth to reoffend. The PACT, incorporated into
Chapter 63D-5, F.A.C., uses a series of risk factors such as antisocial attitudes, delinquent peers,
impulsivity, substance abuse, or family history that have proven to be related to future offending.
As progress is made in the problem areas specific to each child, the PACT is used to calculate and
document how the risk level has increased or decreased over time.
(61) Post-residential Services Counselor – The person supervising the youth’s postcommitment probation or conditional release after the youth’s release or discharge from a
residential commitment program.
(62) Practices with Demonstrated Effectiveness – 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.
(63) Predisposition Report (PDR) – Pursuant to Rule 63D-1.002, F.A.C., a multidisciplinary
assessment reporting the youth’s needs, recommendations as to a classification of risk for the
youth in the context of his or her program and supervision needs, and 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.
(64) 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 of the release. The Pre-Release Notification and
Acknowledgement form (RS 008, September 2006) is incorporated into this rule and is accessible
electronically at http://www.djj.state.fl.us/forms/residential_rule 63E_forms.html.
(65) Program Director – The on-site administrator of a residential commitment program,
whether state or privately operated, who is accountable for the on-site operation of the program.

Page 6 of 55

63E-7: Operation of Residential Programs
(66) Promising Practices for Delinquency Intervention – Manualized curricula that have been
evaluated and found to reduce the likelihood of recidivism or at least one criminogenic need with
a juvenile offending population. The evaluation must have used sound methodology, including,
but not limited to, random assignment or quasi experimental design, use of control or comparison
groups, valid and reliable measures, and appropriate analysis. Such studies shall provide evidence
of statistically significant positive effects. In addition, there must be evidence that replication by
different implementation teams at different sites is possible with similar positive outcomes.
(67) Protective Action Response (PAR) – As defined in Rule 63H-1.002, F.A.C.
(68) Protective Action Response (PAR) Certification – As defined in Rule 63H-1.002, F.A.C.
(69) Residential Positive Achievement Change Tool (RPACT) – A risk/needs assessment
instrument that identifies a youth’s criminogenic needs, that if addressed, would most likely
reduce their risk of re-offending. The instrument was specifically designed for residential settings
to assist staff in determining the youth’s progress in reducing risk and increasing protective
factors. The Residential Positive Achievement Change Tool (RS 012, March 2009) is
incorporated
into
this
rule
and
is
accessible
electronically
at
www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(70) Residential Services Management System (RSMS) – A web-based component of JJIS
and software application designed to store information pertaining to each residential commitment
program’s performance that, in the case of a contracted program, reflects the program’s
compliance with their contract terms and conditions.
(71) Release – Refers to when a youth re-enters his or her home community after successfully
completing and exiting a residential commitment program.
(72) Request for Notification When Youth Is Ready for Release – This form is completed by
a residential commitment program and provided to law enforcement when a youth is removed
from the program for incarceration in a county jail. The Request for Notification When Youth is
Ready for Release form (RS 009, September 2006) is incorporated into this rule and is available
electronically at http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(73) Request for Transfer – A form initiated by a residential commitment program to request
and justify a transfer of a youth to another program and that allows for approval of the request by
a transfer administrator designated by the department. The Request for Transfer form (RS 010,
September 2006) is incorporated into this rule and is available electronically at
http://www.djj.state.fl.us/ forms/residential_rule63E_forms.html.
(74) Residential Commitment Program – A low-risk, moderate-risk, high-risk, or maximumrisk residential delinquency program for committed youth.
(75) Residential Community – The community within a residential commitment program
comprised of its youth, staff, and other service providers.
(76) Responsivity – Refers to a youth’s amenability to treatment and the capacity to respond
to programming due to his or her characteristics, such as gender, mental health status, physical
health status, cognitive performance, age, and prior victimization.
(77) Restitution – The court-ordered requirement that an adjudicated youth financially
compensate his or her crime victim in cash or through performance of a beneficial service.
(78) Restrictiveness Level – As defined in Section 985.03, F.S.
(79) Sexually Violent Predator (SVP) – As defined in Section 394.912, F.S. For purposes of
this chapter, SVP eligible refers to a youth being subject to the requirements of Sections 394.910394.932, F.S.
(80) Staff Secure – The provision of 24-hour awake supervision in a residential commitment
program, with staffing levels sufficient to preclude the need for physical security features, such as
security fences and locks.
(81) Temporary Release – As defined in Section 985.03, F.S.

Page 7 of 55

63E-7: Operation of Residential Programs
(82) Transfer – For purposes of this rule, the movement of a youth from one residential
commitment program to another, at the same, lower or higher restrictiveness level.
(83) 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/or post-residential services counselor, and the youth’s parent
or guardian establish transition activities, with accompanying responsibilities and timelines, to
facilitate the youth’s successful release and reintegration into the community.
(84) 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.
(85) Treatment Plan – For purposes of this rule chapter, 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.
(86) 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.
(87) 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.
(88) Victim Notification of Release – A letter that a residential commitment program sends to
the victim, or the next of kin in cases of homicide, or the parent or legal guardian in cases
involving minor victims, prior to any discharge or release, including a temporary release, of a
youth whose committing offense meets the criteria for victim notification pursuant to Chapter
960, F.S. The Victim Notification of Release form (RS 011, September 2006) is incorporated into
this
rule
and
is
accessible
electronically
at
http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
(89) 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. The Youth Needs
Assessment Summary (RS 13, May 2010) is incorporated into this rule and is accessible at
http://www.djj.state.fl.us/forms/residential_rule63E_forms.html.
Rulemaking Authority 20.316 , 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a),
985.03(44), 985.441(1)(b) FS. History–New 9-30-07, Amended 8-25-08, 7-8-09, 12-21-09, 5-410, 7-20-10, 12-20-10.
63E-7.003 Youth Admission.
(1) Based on coordination of admissions initiated by the regional commitment manager or
commitment manager supervisor, a residential commitment program shall accept new admissions
Monday through Friday between 8 A.M. and 5 P.M. unless otherwise specified in its contract
with the department.
(2) A residential commitment program shall inspect the commitment or transfer packet prior
to a youth’s admission and, if any core documents are not included in the packet, shall contact the
JPO or JPO supervisor to request the missing documents be faxed or electronically transmitted to
the program. The core documents are as follows:
(a) DJJ face sheet;
(b) Current commitment order;
(c) Predisposition report;
(d) Commitment conference summary; and

Page 8 of 55

63E-7: Operation of Residential Programs
(e) Individual healthcare record, if it exists from a prior commitment or placement in
detention. The following documents shall be included in the individual healthcare record, or in
the commitment or transfer packet if the individual healthcare record has not been created:
1. The current original Authority for Evaluation and Treatment or a current legible copy;
2. Comprehensive physical assessment;
3. Immunization records; and
4. Tuberculosis skin test (Mantoux) results, unless contraindicated.
(3) If the JPO or JPO supervisor does not provide any missing core documents upon request,
a residential commitment program may elect to not admit a youth, thereby rejecting the youth.
However, within two hours of a decision to reject a youth, the program shall notify the Regional
Director for Residential and Correctional Facilities and the Regional Director for Probation and
Community Corrections of this action. The youth continues his or her status of awaiting
residential placement while the department immediately pursues acquisition or production of the
missing core documents, thereby expediting the youth’s subsequent admission to the residential
commitment program.
(4) A residential commitment program shall communicate internally on admissions as
follows:
(a) Program staff responsible for admission are notified when a new admission is scheduled
to arrive and the youth’s name, date and time of anticipated arrival, mode of transportation,
medical and mental health needs, and any safety or security risks are documented in the logbook.
(b) Regardless of the youth’s condition upon admission, the designated health authority, or
his or her designee who is licensed to practice in Florida as a physician (MD) or osteopathic
physician (DO), Advanced Registered Nurse Practitioner (ARNP) or Physician’s Assistant (PA),
is notified of an admission with any of the following medical conditions documented in the
commitment packet: asthma; allergies with anaphylaxis; adrenal insufficiency; cancer or history
of cancer; cardiac arrhythmias, disorders or murmurs; congenital heart disease; cystic fibrosis;
developmental disability; diabetes; history of EpiPen use; eating disorders; head injuries that
occurred within the two weeks prior to admission; hearing, speech or visual deficits; hemophilia;
hepatitis; human immunodeficiency virus (HIV) or AIDS; hypo or hyperthyroidism;
hypertension; kidney failure (with or without dialysis); neuromuscular conditions; pregnancy or
having given birth within the two weeks prior to admission; seizure disorders; sickle cell anemia;
spina bifida; systemic lupus erythematosis; and active tuberculosis.
(c) Information included in the commitment or transfer packet is distributed to program staff
as their job functions dictate.
(5) Within 24 hours of admission, a residential commitment program shall refer to the
department’s circuit legal counsel any commitment order appearing to be in conflict with Chapter
985, F.S., or otherwise questionable. The program shall maintain documentation of the referral.
(6) When a youth is admitted to a residential commitment program, the program shall make
notifications as follows:
(a) Within 24 hours of any admission or on the first regular workday of the following week
when the youth is admitted on a holiday, a weekend or a Friday afternoon, the program shall
update the JJIS Bed Management System or, if a program does not have access to JJIS, shall
notify the regional commitment manager.
(b) The program shall notify the youth’s parents or guardians by telephone within 24 hours of
the youth’s admission, and the program shall send written notification within 48 hours of
admission.
(c) The program shall notify the committing court in writing within five working days of any
admission.

Page 9 of 55

63E-7: Operation of Residential Programs
(d) Copies of the letter sent to the committing court will suffice as official notification to the
youth’s JPO and, if known at the time of admission, the youth’s post-residential services
counselor.
(7) Although it is the intent that deoxyribonucleic acid (DNA) samples be collected prior to a
youth’s admission to a residential commitment program, if a youth who meets the DNA testing
criteria per Chapter 943, F.S., is admitted to the facility without DNA testing, the program shall
contact Florida Department of Law Enforcement (FDLE) to verify whether or not a DNA sample
is on file for the youth. If not, the program shall collect DNA samples, using the test kit and
accompanying instructions provided by FDLE, submit them to FDLE no later than 45 days prior
to a youth’s release, and document these actions in the youth’s individual management record.
(8) If the residential commitment program suspects that a youth admitted without
documentation of being screened as a sexually violent predator qualifies under Chapter 394, F.S.,
the program shall notify the youth’s JPO within three days of the youth’s admission. If the JPO
does not respond within five working days, the program shall notify the JPO’s supervisor. If not
resolved within 10 days of the program’s original request, the program shall notify the
department’s residential monitor assigned to the program.
Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a),
985.03(44), 985.441(1)(b) FS. History–New 9-30-07.
63E-7.004 Youth Intake.
(1) Youth intake will commence upon arrival of a youth to a residential commitment
program. The following activities shall occur during intake:
(a) Strip search.
1. The program shall conduct the strip search in a private room with two staff members
present, both of the same sex as the youth being searched. As an alternative when two staff of the
same sex are not available, the search may be conducted by one staff of the same sex, while a
staff of the opposite sex is positioned to observe the staff person conducting the search, but
cannot view the youth.
2. Staff conducting the strip search shall visually inspect the youth, without touching the
unclothed youth.
(b) Documentation of visible body markings, i.e. scars, bruises, tattoos, or other physical
injuries.
(2) A residential commitment program shall complete the following entry screenings
immediately upon a youth’s admission. These screenings are used to identify any emergency
medical, mental health, or substance abuse conditions of a nature that render admission unsafe or
warrant immediate attention. These screenings are also used to identify any need for further
evaluation.
(a) Using the Facility Entry Physical Health Screening form, a health care or non-health care
staff shall conduct the health entry screening. However, if the entry screening is conducted by
someone other than a licensed nurse as defined in Section 464.003, F.S., a licensed nurse shall
review the entry screening within 24 hours of the youth’s admission.
(b) To screen for mental health and substance abuse, the program shall ensure administration
of either the Massachusetts Youth Screening Instrument, Second Version (MAYSI-2) or a clinical
mental health screening and a clinical substance abuse screening. A direct care staff may assist
the youth with the self-administration of the MAYSI-2 on JJIS if he or she is trained in the
administration and scoring of the MAYSI-2 consistent with CORE requirements. However, a
clinical mental health screening shall only be conducted by a licensed mental health professional,
and a clinical substance abuse screening shall only be conducted by a qualified professional as

Page 10 of 55

63E-7: Operation of Residential Programs
defined by Section 397.311, F.S., and in accordance with Rule 65D-30.003, F.A.C. (12-12-05).
Clinical screenings require the use of valid and reliable screening instruments.
(3) Unless a youth is being admitted into a residential commitment program directly from
secure detention, a correctional facility, or another program, a shower, including shampooing
hair, is required.
(a) The program may routinely use an ectoparasiticide or an ovicide for all new admissions if
the program’s designated health authority deems it appropriate, if it is used in accordance with
current standards of clinical practice, and if it is not contraindicated. In the absence of such a
routine protocol approved by the designated health authority, an ectoparasiticide and an ovicide
shall not be routinely used, and shall be used only if an infestation with lice or scabies is present
and use is ordered by the designated health authority, is in accordance with current guidelines,
and is not contraindicated.
(b) Two staff of the same gender as the youth shall supervise the newly admitted youth
during this shower.
(4) The program shall issue clothing to each youth that is appropriate for size and climate and
consistent with the program’s dress code.
(5) A residential commitment program shall inventory each youth’s personal property upon
admission and document the inventory by listing every item. Program staff shall immediately
secure in a locked area all money, jewelry and other items of value. After all personal
possessions have been inventoried and documented, the staff conducting the inventory, the youth,
and a witness shall sign and date the documentation to attest to its accuracy. The program shall:
(a) Maintain a copy of documentation of the personal property inventory.
(b) Ask the youth if he or she wants a copy of the personal property inventory documentation
and, if so, provide it.
(c) Provide a copy of the inventory documentation to the youth’s parents or guardians, if
requested.
(d) Send inventoried property to the youth’s home or store such property until the youth’s
release from the program.
(6) The program shall confiscate all contraband, such as weapons and narcotics, excluding
narcotics that are verified as having been prescribed for a medical condition, for disposal or
storage, and shall submit all illegal contraband to the law enforcement agency having local
jurisdiction.
(7) Only medications from a licensed pharmacy, with a current patient-specific label intact on
the original medication container, may be accepted into a residential commitment program.
(a) If there is doubt about the authenticity of a prescription medication brought with the youth
to the facility, the program shall verify the medication by calling the pharmacy that dispensed the
medication and calling the outside provider who prescribed the medication.
(b) Prior to medication administration, the program shall ensure that:
1. The youth reports that he or she is taking an oral prescribed medication;
2. Either the youth or the parent or guardian of the youth has brought the valid, patientspecific medication container to the facility;
3. The medication is properly labeled with the name of the youth; name and address of the
pharmacy; date of dispensing; name of prescribing health care professional; directions for use;
expiration date; and any warning statements;
4. There are no doubts about the substance in the medication container; and
5. The licensed nurse has called to obtain an order from the program’s designated health
authority or physician designee, physician assistant, or advanced registered nurse practitioner to
resume the specified medications, and has documented the order in the youth’s individual health

Page 11 of 55

63E-7: Operation of Residential Programs
care record. The program’s designated health authority shall develop a medication verification
and administration protocol that the program shall follow when a licensed nurse is not on duty.
(c) Prescription verification shall be documented in the youth’s individual health care record.
(8) Based on a review of all documentation and interactions with a newly admitted youth, a
residential commitment program shall classify the youth for purposes of assigning to a room or
living area. Factors to consider when classifying the youth shall include, at a minimum, physical
characteristics including sex, height, weight and general physical stature, age and maturity,
identified special needs, including mental, developmental or intellectual, and physical disabilities,
history of violence, criminal behavior, sexual aggression or vulnerability to victimization,
identified or suspected risk factors such as medical, suicide, and escape or security risks, and
gang affiliations.
(9) When mental health, substance abuse, physical health, security risk factors, or special
needs related to a newly admitted youth are identified during or subsequent to the classification
process, a residential commitment program shall immediately enter this information into its
internal alert system and the JJIS alert system.
(10) A residential commitment program shall establish and maintain critical identifying
information and a current photograph that are easily accessible to verify a youth’s identity as
needed during his or her stay in the program.
(a) The program shall maintain the photograph in the youth’s individual management record
and the individual healthcare record. In the event of an escape, the program shall provide a
photograph to law enforcement or other criminal justice agencies to assist in apprehending the
youth.
(b) The program shall maintain the following critical identifying information for each youth
in an administrative hard-copy file that is easily accessible and mobile in the event of an
emergency situation that results in the program relocating quickly or in the event needed
information cannot be accessed electronically.
1. Youth’s full name and DJJ ID number;
2. Admission date;
3. Date of birth, gender, and race;
4. Name, address, and phone number of parent(s) or legal guardian;
5. Name, address, and phone number of the person with whom the youth resides and his or
her relationship to the youth;
6. Person(s) to notify in case of an emergency (and contact information);
7. JPO’s name, circuit/unit, and contact information;
8. Names of committing judge, state attorney, and public defender (or attorney of record)
with contact information on each;
9. Committing offense and judicial circuit where offense occurred;
10. Notation of whether or not the judge retains jurisdiction;
11. Victim notification contact information, if notification is required;
12. Physical description of youth to include height, weight, eyes and hair color, and any
identifying marks;
13. Overall health status, including chronic illnesses, current medications and allergies; and
14. Personal physician (if known).
(11) A state-operated residential commitment program or a contracted residential
commitment program that is classified as not-for-profit shall initiate each newly admitted youth’s
eligibility for participation in the National School Lunch and Breakfast Program.
Rulemaking Authority 20.316, 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a),
985.03(44), 985.441(1)(b) FS. History–New 9-30-07, Amended 8-25-08, 12-21-09.

Page 12 of 55

63E-7: Operation of Residential Programs
63E-7.005 Youth Orientation.
(1) A residential commitment program shall begin orientation for each youth admitted to the
program within 24 hours of admission.
(2) A residential commitment program shall provide orientation to each youth by explaining
and discussing the following:
(a) The program’s expectations, rules and behavior management system to include:
1. Services available;
2. Daily schedule that is also conspicuously posted to allow easy access for youth;
3. Expectations and responsibilities of youth;
4. Written behavioral management system that is also conspicuously posted or provided in a
resident handbook to allow easy access for youth, including rules governing conduct and positive
and negative consequences for behavior;
(b) Availability of and access to medical and mental health services;
(c) Access to the Department of Children and Families’ central abuse hotline addressed in
Chapter 39, F.S., or if the youth is 18 years or older, the Central Communications Center that
serves as the department’s incident reporting hotline;
(d) Items considered contraband, including illegal contraband, possession of which may result
in the youth being prosecuted;
(e) Performance planning process that involves the development of goals for each youth to
achieve;
(f) Dress code and hygiene practices;
(g) Procedures on visitation, mail, and use of the telephone;
(h) Anticipated length of stay in the program and expectations for release from the program,
including the youth’s successful completion of individual performance plan goals, the program’s
recommendation to the court for release based on the youth’s performance in the program, and
the court’s decision to release;
(i) Community access;
(j) Grievance procedures;
(k) Emergency procedures, including procedures for fire drills and building evacuation;
(l) Physical design of the facility, including those areas that are and are not accessible to
youth; and
(m) Assignment to a living unit and room, treatment team and, if applicable, a staff advisor or
youth group.
Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a),
985.03(44), 985.441(1)(b) FS. History-New 9-30-07.

63E-7.006 Quality of Life and Youth Grievance Process.
(1) A residential commitment program shall establish the expectation that staff will treat
youth with dignity and respect, and the program shall provide a positive quality of life for its
youth by providing, at a minimum, the following:
(a) Shelter;
(b) Safety and security;
(c) Clothing;
(d) Food;
(e) Access to the Department of Children and Families’ central abuse hotline addressed in
Chapter 39, F.S., or if the youth is 18 years or older, the department’s Central Communications
Center that serves as the department’s incident reporting hotline;
(f) Healthcare;

Page 13 of 55

63E-7: Operation of Residential Programs
(g) Mental health and substance abuse services;
(h) Educational and prevocational or vocational services;
(i) Opportunities for recreation and large muscle exercise;
(j) Opportunities for expression of religious beliefs;
(k) Visitation;
(l) Access to incoming mail and opportunities to send outgoing mail; and
(m) Telephone access.
(2) A residential commitment program shall establish a visitation schedule that is readily
available to persons interested in visiting youth. However, to facilitate family reunification, the
program shall consider requests for alternate visitation arrangements from a youth’s parent, legal
guardian or grandparent unless such contact is specifically prohibited by a court order, against the
youth’s wishes, or poses a safety or security threat. Additionally, the program shall accommodate
visitation by the youth’s attorney of record, JPO and clergy.
(3) A residential commitment program shall demonstrate a program model or component that
addresses the needs of a targeted gender group. Health and hygiene, the physical environment,
life and social skills training, and leisure and recreational activities are key components in
providing a gender specific program.
(4) A residential commitment program shall provide opportunities for youth to send and
receive mail and shall facilitate correspondence that fosters the youth’s reunification with his or
her family unless specifically prohibited by court order, a family member is the youth’s victim, or
it is determined not to be in the best interest of the youth. The program shall not allow the youth
to directly correspond with his or her victim except through an apology letter whose content is
approved by the program director or designee and sent to the youth’s JPO to forward to the victim
only if he or she expresses a willingness to receive it.
(5) A residential commitment program shall provide opportunities for youth to receive
incoming emergency telephone calls from family members or his or her legal guardian and calls
from the youth’s JPO, attorney of record and, if applicable, the dependency case manager. The
program shall allow each youth to make outgoing calls to the JPO, attorney of record and, if
applicable, the dependency case manager. A written procedure that fosters family reunification
and community reintegration shall specify youths’ access to incoming calls from and outgoing
calls to family and other persons.
(6) A residential commitment program shall establish written procedures specifying the
process for youth to grieve actions of program staff and conditions or circumstances in the
program related to the violation or denial of basic rights. These procedures shall establish each
youth’s right to grieve and ensure that all youth are treated fairly, respectfully, without
discrimination, and that their rights are protected.
(a) The procedures shall address each of the following phases of the youth grievance process,
specifying timeframes that promote timely feedback to youth and rectification of situations or
conditions when grievances are determined to be valid or justified.
1. Informal phase wherein the youth attempts to resolve the complaint or condition with staff
on duty at the time of the grieved situation;
2. Formal phase wherein the youth submits a written grievance that requires a written
response from a supervisory staff person; and
3. Appeal phase wherein the youth may appeal the outcome of the formal phase to the
program director or designee.
(b) Program staff shall be trained on the program’s youth grievance process and procedures.
(c) Program staff shall explain the grievance process to youth during their program
orientation and shall post the written procedures throughout the facility for easy access by youth.

Page 14 of 55

63E-7: Operation of Residential Programs
(d) The program shall provide grievance forms and accompanying instructions at locations
throughout the facility so they are readily accessible to youth. When a youth requests assistance
in filing a grievance, program staff shall assist the youth as needed.
(e) The program shall maintain documentation on each youth grievance and its outcome for at
least one year.
Rulemaking Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a),
985.03(44), 985.441(1)(b) FS. History–New 12-24-07, Amended 7-20-10.
63E-7.007 Youth Hygiene and Dress Code.
(1) A residential commitment program shall establish expectations for youth to engage in
personal hygiene activities. At a minimum, the program shall allow time on the schedule for
youth to:
(a) Practice dental hygiene twice daily;
(b) Bathe or shower and wash hair daily unless medically contraindicated;
(c) Style or comb their hair daily;
(d) Shave daily, if males, and twice weekly, if females, unless medically contraindicated; and
(e) Clean and trim their fingernails.
(2) Residential commitment program staff shall provide hygiene instruction and assistance to
youth when necessary and shall accommodate the need for:
(a) Females to use the restroom or bathe more frequently during their menstrual cycles; and
(b) Youth to bathe more frequently when engaging in strenuous outdoor exercise or work
projects during hot weather, if the program’s schedule permits.
(3) A residential commitment program shall provide each youth with individual hygiene
supplies, as well as storage space for such supplies. Individual hygiene supplies shall include, at a
minimum, the following:
(a) Toothbrush and toothpaste;
(b) Soap;
(c) Shampoo;
(d) Combs or brushes;
(e) Shaving supplies;
(f) Body lotion; and
(g) Feminine hygiene supplies for females.
(4) Pursuant to Rule Chapter 64E-26, F.A.C., a residential commitment program shall provide
clean clothing, bedding and towels that are in good condition or repair.
(5) A residential commitment program shall establish and enforce a dress code for youth.
(a) The dress code shall be written to:
1. Promote a neat and well groomed appearance;
2. Foster pride in appearance;
3. Deter the transfer of attire or symbols associated with negative subcultures, such as gangs,
into the program;
4. Promote safety and hygiene; and
5. Assist in differentiating youth from staff.
(b) The dress code shall require the program to provide youth with:
1. Clean, comfortable and modest attire that is in good repair, fits properly, is suitable for the
climate, and does not compromise safety; and
2. At a minimum, clean underwear daily, four changes of clothes weekly, shoes, and sleeping
attire.
(c) The dress code for youth shall:

Page 15 of 55

63E-7: Operation of Residential Programs
1. Require youth to wear clothing as designed, such as pants or shorts pulled up and properly
fastened so underwear is not revealed;
2. Prohibit attire with any messages, markings or designs that are gang-related, drug or
alcohol-related, profane or vulgar;
3. Prohibit youth from going barefoot except when bathing, in their rooms resting or sleeping,
or under other circumstances deemed warranted by program staff, such as during water related
activities;
4. Prohibit jewelry except for a medical alert bracelet, or if authorized by the program, a
watch;
5. Specify acceptable and prohibited hair styles in order to:
a. Promote a neat appearance, safety and hygiene, and
b. Prohibit lettering, gang signs, numbering or designs cut, dyed, painted or placed in the hair
or on the scalp; and
6. Require males to maintain a clean-shaven appearance unless a medical exemption
necessitates trimming facial hair with scissors or clippers rather than shaving.
(d) The program shall establish an internal process to review and provide a timely response to
a youth’s request for exemption from the dress code based on a religious belief. The program
shall accommodate a youth’s validated religious belief unless it is determined that doing so would
compromise the safe and secure operation of the program.
Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a),
985.03(44), 985.441(1)(b) FS. History–New 12-24-07, Amended 1-25-09.

63E-7.008 Facility and Food Services.
(1) A residential commitment program is subject to the provisions of Chapter 64E-26, F.A.C.
(2) A residential commitment program shall ensure that disposal of biohazardous waste is in
accordance with Occupational Safety and Health Administration (OSHA) Standard 29 CFR
1910.1030. The program shall not allow youth to clean, handle, or dispose of any other person’s
biohazardous material, bodily fluids or human waste.
(3) A residential commitment program shall develop a site-specific plan addressing exposure
to bloodborne pathogens.
(4) A residential commitment program shall establish and implement cleaning schedules, a
pest control system, a garbage removal system, and a facility maintenance system. At a minimum,
the facility maintenance system shall include maintenance schedules and timely repairs based on
visual and manual inspections of the facility structure, grounds and equipment.
(5) The siting of any new facility or structure for the purpose of operating a residential
commitment program shall be in accordance with the following:
(a) Local zoning codes and ordinances per Section 125.01, F.S.;
(b) Provisions as specified in Rule Title 62, F.A.C., pertaining to new construction and site
development;
(c) Florida Building Code and Florida Fire Prevention Code pursuant to Section 125.56, F.S.;
(d) Office of State Fire Marshal requirements for new construction pursuant to Section
633.01, F.S.;
(e) Provisions as outlined in Section 985.03(44), F.S., based on the restrictiveness level of the
program; and
(f) Additional minimum requirements to include:
1. Sleeping quarters.
a. 35 square feet unencumbered space, defined as usable space that is not encumbered by
furnishings or fixtures, per youth in the sleeping quarters, with at least one dimension of the
unencumbered space no less than seven feet;
b. One partition for every four youth in shared sleeping areas; and

Page 16 of 55

63E-7: Operation of Residential Programs
c. A bed, a mattress that meets the national fire safety performance requirements, a pillow, a
desk, a chair or stool, and personal storage space for every youth.
2. 35 square feet per youth for dayroom and multi-purpose room activities;
3. 50 square feet outdoor recreational space per youth;
4. 56.25 square feet per youth for rooms used for educational purposes, with a classroom size
based on a maximum of 16 youth;
5. Natural and artificial light to accommodate daily activities of the program;
6. Heating and air conditioning equipment with the capacity to maintain indoor temperatures
between 68 and 75 degrees Fahrenheit;
7. Space to accommodate dining, individual counseling, group meetings and other activities
involving youth and staff that are integral to the program design; and
8. A closed circuit television system that includes but is not limited to, a color digital
recording device. The digital video recorder (DVR) must be capable of a minimum of 30 days
recorded event storage within the hard drive, have a minimum setting of eight frames per second,
and be capable of remote viewing. Programs with 15 beds or more must have a minimum of 16
camera inputs. All equipment must be surge protected and have a universal surge protector
backup and be connected to an emergency power supply.
(6) Any facility, building or structure newly leased for the purpose of operating a residential
commitment program or any facility or structure whose usage is being changed to house a
residential commitment program shall be in accordance with paragraphs 63E-7.008(6)(a), (6)(c),
(6)(e), and for programs with 15 beds or more paragraph 63E-7.008(6)(f), F.A.C. Additionally,
newly leased facilities shall be in accordance with the Office of State Fire Marshall requirements
for leased space as specified in Section 633.01, F.S.
(7) A residential commitment program shall not make any renovations or modifications to a
facility owned by the department, including exterior features such as lighting, fencing and the
sally port, without written permission from the department.
(8) A residential commitment program operated by the state or by a non-profit entity shall
comply with all guidelines and maintain documentation as required by the USDA National
School Lunch and School Breakfast Program.
(9) A residential commitment program shall use a cycle menu that, with the exception of any
residential commitment program with a bed capacity of five or less beds, is reviewed and
approved by a dietitian licensed pursuant to Chapter 468, F.S. The program shall provide each
youth with at least three nutritionally balanced meals and one nutritional snack per day and shall:
(a) Serve at least two of the meals hot;
(b) Provide youth special diets when prescribed for health reasons or when dictated by
religious beliefs; and
(c) Not withhold food as a disciplinary measure.
Specific Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a),
985.03(44), 985.441(1)(b) FS. History–New 12-24-07, Amended 8-25-08, 1-25-09.

63E-7.009 Behavior Management.
(1) Consistent with its approach to treatment and delinquency intervention, a residential
commitment program shall establish a behavior management system that is responsive to the
unique characteristics of the program’s population. Only someone with training or experience in
behavior management techniques or systems shall develop or modify a program’s behavior
management system. A program’s behavior management system shall foster accountability for
behavior and compliance with the residential community’s rules and expectations.
(2) A residential commitment program’s behavior management system shall be described in
writing and designed to:
(a) Maintain order and security;

Page 17 of 55

63E-7: Operation of Residential Programs
(b) Promote safety, respect, fairness, and protection of rights within the residential
community;
(c) Provide constructive discipline and a system of positive and negative logical
consequences to encourage youth to meet expectations for behavior;
(d) Provide opportunities for positive reinforcement and recognition for accomplishments and
positive behaviors at a minimum ratio of 4:1 positive to negative consequences;
(e) Promote socially acceptable means for youth to meet their needs;
(f) Include a process that addresses the following and is conducted in a manner that
accommodates the cognitive capacity of individual youth:
1. Staff explain to the youth the reason for any sanction imposed;
2. The youth is given an opportunity to explain his or her behavior; and
3. Staff and the youth discuss the behavior’s impact on others, reasonable reparations for
harm caused to others, and alternative acceptable behaviors;
(g) Promote dialogue and peaceful conflict resolution;
(h) Minimize separation of youth from the general population;
(i) Complement the performance planning process, including coordination with any
individual behavior plan when applicable. A copy of an individual behavior plan for any youth
who has been identified as a client of the Agency for Persons with Disabilities will be provided to
that agency; and
(j) Assure consistent implementation and equitable treatment through the ongoing oversight
and training of direct-care staff.
(3) A residential commitment program’s behavior management system shall not:
(a) Be used solely to increase a youth’s length of stay;
(b) Be used to deny a youth basic rights or services to include regular meals, clothing, sleep,
physical or mental health services, educational services, exercise, correspondence, and contact
with his or her parents or legal guardian, attorney of record, JPO, clergy and, if applicable, the
dependency case manager;
(c) Promote the use of group discipline;
(d) Allow youth to sanction other youth; or
(e) Include disciplinary confinement wherein a youth is isolated in a locked room as
discipline for misbehavior.
(4) Consistent with the following provisions, a residential commitment program may use
room restriction for major infractions as part of its behavior management system, temporarily
restricting the youth’s participation in routine activities by requiring the youth to remain in his or
her sleeping quarters:
(a) Room restriction shall not be used for a youth who is out of control or a suicide risk.
(b) A supervisor shall give prior approval for each use of room restriction.
(c) Room restriction shall not exceed four hours and the door to the room shall remain open
to facilitate staff supervision.
(d) Staff shall engage, or attempt to engage, the youth in productive interactions at least every
thirty minutes while on room restriction status.
(e) The program shall not deny a youth basic services, such as regular meals and physical or
mental health services.
(f) Program staff shall use strategies, such as conflict resolution and constructive dialogue, to
facilitate the youth’s reintegration into the general population when released from room
restriction.
(g) For each use of room restriction, the program shall document the following:
1. A description of the behavior that resulted in room restriction;
2. The date and time room restriction was implemented;
3. The name of the staff person who recommended the use of room restriction and the name
of the approving supervisor;

Page 18 of 55

63E-7: Operation of Residential Programs
4. The name of the staff person removing the youth from room restriction;
5. The date and time of removal and a description of the youth’s behavior and attitude upon
removal; and
6. Follow-up actions taken or attempted to help re-integrate the youth back into the general
population when released from room restriction.
(5) A moderate-risk, high-risk, or maximum-risk residential commitment program with a bed
capacity of 50 beds or more may designate a living unit within the facility as a behavior
management unit. The purpose of a behavior management unit is to provide a delinquency
intervention and treatment environment that provides opportunities for youth to make positive
changes in behavior that will facilitate progress in his or her overall treatment in the program.
Any behavior management unit shall be designed and operated as follows:
(a) The program shall document the following before a youth is placed in a behavior
management unit:
1. The youth continues to demonstrate a pattern of maladaptive behavior that is highly
disruptive to his or her responsivity to delinquency interventions and treatment, as well as other
youths’ ongoing rehabilitation, after the program has documented attempts to address the
behavior using less restrictive alternative intervention strategies that have proven to be
ineffective;
2. The youth is assessed and it is determined that he or she is not a danger to self and there
are no identified mental health, physical health or other factors that contraindicate placement; and
3. At least two members of the youth’s intervention and treatment team recommends the
youth’s placement in the behavior management unit, and the program director approves the
placement or, in his or her absence, a program management level staff person designated by the
program director grants approval.
(b) A behavior management unit’s bed capacity shall not exceed 15. The unit may be secure
with locking exit doors, but shall not be comprised of secure rooms wherein youth placed in the
unit are kept in lock-down status. Sleeping rooms for youth shall have a minimum of 35 square
feet of unencumbered space and shall meet the following specifications:
1. Solid core hardwood or metal door with a shatter-resistant observation window;
2. Vents not easily accessible from the toilet, sink or bed that are covered with small mesh or
a metal plate (holes no larger than 3/16 inch) with no edges exposed;
3. A mattress that meets national fire safety performance requirements and that is suitable for
use on the floor or a suicide-resistant bed;
4. Recessed light fixtures covered with shatter-resistant material or alternative lighting
reviewed and approved by the department;
5. Shatter-resistant windows or, if glass windows that are not shatter resistant, covered with
security-rated screens or other materials that prevent access to the glass;
6. No electrical outlets; and
7. Electrical switches located outside the sleeping rooms or covered and secured if located
inside the rooms.
(c) The staff-to-youth ratio in a behavior management unit shall be at least that provided in
the general population and sufficient to operate the unit safely and securely. Staff whose regular
assignment is to work in the behavior management unit shall be trained in implementation of the
program’s behavior management system, as well as specific intervention strategies as needed to
implement the behavioral goals for each youth in the unit.
(d) The unit shall provide an intervention and treatment environment that focuses specifically
on youths’ maladaptive behavior and provides opportunities for the youth to make positive
changes in behavior that facilitate progress in their overall rehabilitation. Additionally, the
program shall provide basic rights, care and services to any youth in a behavior management unit
consistent with the other sections of this rule chapter.

Page 19 of 55

63E-7: Operation of Residential Programs
(e) Consistent with the cognitive capacity of each youth placed in the behavior management
unit, staff shall engage the youth in a process as follows:
1. Staff shall discuss with the youth the pattern of maladaptive behavior that resulted in
placement in the behavior management unit, as well as the consequences of behavior, alternative
acceptable behaviors, harm caused to others as a result of the maladaptive behavior and possible
reparations.
2. Staff shall advise the youth that release from the behavior management unit is based upon
his or her achievement of short-term goals established by the treatment team to address
maladaptive behavior. Staff shall also explain that making positive behavior changes while in the
behavior management unit will help him or her progress in the overall program.
(f) Reviews and Release.
1. The youth’s intervention and treatment team shall review the case within 72 hours of the
youth being placed in a behavior management unit. If the team decides to continue the youth’s
placement in the unit, they shall develop short-term goals to assist the youth with accountability
for behavior and changing or controlling maladaptive behaviors. The youth shall be present when
the intervention and treatment team meets and be given an opportunity to give input.
2. Release from the behavior management unit is contingent upon a youth’s completion of his
or her behavioral goals. While the youth is in the behavior management unit, the intervention and
treatment team may revise the youth’s behavioral goals to assist him or her in changing the
targeted pattern of maladaptive behavior and facilitate release from the unit.
3. If the youth remains in the behavior management unit for 14 days, the intervention and
treatment team shall review the youth’s progress in attaining the short-term goals to determine
whether the youth is to be released or placement continued.
4. Every 72 hours that the youth remains in the behavior management unit after the 14-day
review, the intervention and treatment team shall review the youth’s progress toward meeting his
or her behavioral goals and recommend continued placement or release. At this stage, continued
placement requires approval of the program director or, in his or her absence, a management level
staff person designated by the program director.
5. If possible, the youth shall participate in all intervention and treatment team reviews, but if
not, a representative of the team shall discuss review findings with the youth.
6. The program director or, in his or her absence, a management level staff person designated
by the program director, may approve release of a youth from the behavior management unit at
any time it is determined that continued placement would be detrimental to the youth’s well
being.
(g) Mechanical restraints may be used in the behavior management unit only as a last resort
and any use shall be pursuant to Rule 63H-1.005, F.A.C., and documented pursuant to Rule 63H1.007, F.A.C.
(h) A program with a behavior management unit shall establish a system of documentation
and record maintenance to include, at a minimum, the following:
1. Ongoing log of placements, including the name of each youth placed, date of placement,
date of release, and the name of the program director or designee who approved the placement;
2. Documentation of intervention and treatment team meetings and reviews while the youth is
in the behavior management unit, including initial short-term goals and any subsequent
modifications, review date and signatures of participants, description of the youth’s progress, and
recommendations; and
3. Documentation of the program director’s or his or her designee’s approval of a
recommendation for continued placement resulting from any 72-hour review conducted after the
youth’s 14th day in the unit.
Rulemaking Authority 985.64, 985.601(3)(a), 20.316 FS. Law Implemented 985.601(3)(a),
985.03(44), 985.441(1)(b) FS. History–New 12-24-07, Amended 8-25-08, 5-4-10.

Page 20 of 55

63E-7: Operation of Residential Programs

63E-7.010 Residential Case Management Services.
(1) A residential commitment program shall provide case management services for each
youth that ensure his or her priority needs are identified and addressed through the coordinated
delivery of delinquency intervention and treatment services. The program’s case management
processes shall include the following:
(a) Assessment of the youth, including reassessments or updates;
(b) Development and implementation of the youth’s performance plan and, when necessary to
address a priority treatment need, the youth’s treatment plan;
(c) Review and reporting of the youth’s performance and progress; and
(d) Transition planning.
(2) Accommodating Disabilities. When providing case management services to any youth
identified as having a disability, a residential commitment program shall make accommodations
as needed to facilitate the youth’s understanding of and active participation in the case
management processes listed above in paragraphs 63E-7.010(1)(a)-(d), F.A.C.
(3) Parent or Guardian Involvement. A residential commitment program shall, to the extent
possible and reasonable, encourage and facilitate involvement of the youth’s parent or guardian in
case management processes to include, at a minimum, assessment, performance plan
development, progress reviews, and transition planning. To facilitate this involvement, the
program shall invite the youth’s parent or guardian to participate in intervention and treatment
team meetings for the purposes of developing the youth’s performance plan, conducting formal
performance reviews of the youth’s progress in the program, and planning for the youth’s
transition to the community upon release from the program. If unable to attend, the parent or
guardian shall be given the opportunity to participate via telephone or video conferencing or to
provide verbal or written input prior to the meeting. However, the program shall obtain the
written consent of any youth 18 years of age or older, unless the youth is incapacitated and has a
court-appointed guardian, before providing or discussing with the parent or guardian any
information related to the youth’s physical or mental health screening, assessment, or treatment.
Additionally, the program shall obtain the written consent of any youth, regardless of age, unless
he or she is incapacitated and has a court-appointed guardian, before sharing with the parent or
guardian any substance abuse information pertaining to the youth.
(4) Multidisciplinary Intervention and Treatment Team. A residential commitment program
shall implement a multidisciplinary case management process, assigning each newly admitted
youth’s case to a multidisciplinary intervention and treatment team. The team shall plan for and
ensure delivery of coordinated delinquency intervention and treatment services to meet the
prioritized needs of each youth assigned.
(a) The program director or his or her designee shall identify a leader for each intervention
and treatment team to coordinate and oversee the team’s efforts and facilitate effective
management of each case assigned to the team.
(b) At a minimum, a multidisciplinary intervention and treatment team shall be comprised of
the youth, representatives from the program’s administration and residential living unit, and
others directly responsible for providing, or overseeing provision of, intervention and treatment
services to the youth. Each intervention and treatment team member shall participate in the case
management processes addressed in paragraphs 63E-7.010(1)(a)-(d), F.A.C., to ensure provision
of coordinated services to each youth. The program shall request and encourage the waiver
support coordinator if the youth is an identified APD client, the DCF counselor, if applicable, and
a representative of the educational staff to participate as an intervention and treatment team
member. However, at a minimum, the intervention and treatment team shall obtain input from the

Page 21 of 55

63E-7: Operation of Residential Programs
educational staff for use when developing and modifying the youth’s performance plan, preparing
progress reports to the court, and engaging in transition planning.
(5) Assessment. A residential commitment program shall provide assessment services as
follows:
(a) Initial Assessment. The program shall ensure that an initial assessment of each youth is
conducted within 30 days of admission. The program shall maintain all documentation of the
initial assessment process in JJIS on the Youth Needs Assessment Summary.
1. Criminogenic Risks and Needs. The program shall assess each youth using the RPACT to
identify criminogenic risk and protective factors, prioritize the youth’s criminogenic needs.
2. Educational and Treatment Needs. Additionally, the program shall ensure that the initial
assessment process addresses the youth’s educational and treatment needs as specified in the
following subsections, and that any resulting information that is applicable to the criminogenic
risk and needs assessment is reflected on the criminogenic assessment tool addressed in
subparagraph 63E-7.010(5)(a)1., F.A.C.
a. Education. An educational assessment shall be conducted as required in Section 1003.52,
F.S.
b. Physical Health. A comprehensive physical assessment conducted by a physician,
advanced registered nurse practitioner (ARNP) or physician assistant, as well as a health-related
history conducted by a physician, ARNP, physician assistant or nurse licensed pursuant to
Chapter 464, F.S., shall be made available to the program by the time of the youth’s admission.
After the youth is admitted, healthcare professionals with the qualifications referenced above
shall review the respective documents within seven calendar days of the youth’s admission,
resulting in verification or update of the youth's medical status, identification of any medical alert
relevant to the youth, and provision of healthcare services as indicated.
c. Mental Health and Substance Abuse. The program shall ensure that a comprehensive
mental health or substance abuse evaluation is conducted when the need is identified through
screening pursuant to paragraph 63E-7.004(2)(b), F.A.C. However, if a comprehensive
evaluation, as defined in Rule 63E-7.002, F.A.C., was conducted within the past twelve months,
an update to that evaluation may be completed instead. Only a licensed mental health professional
or a mental health clinical staff person working under the direct supervision of a licensed mental
health professional shall conduct a mental health evaluation or update. Any substance abuse
evaluation or update shall be conducted by a qualified professional who is licensed under Chapter
458, 459, 490 or 491, F.S., or a substance abuse clinical staff person who is an employee of a
service provider licensed under Chapter 397, F.S., or an employee in a facility licensed under
Chapter 397, F.S.
(b) Reassessment. The program shall determine and document changes in each youth’s risks
and needs using the RPACT so that updated information is available when the intervention and
treatment team prepares a 90-day Performance Summary pursuant to paragraph 63E-7.010(9)(b),
F.A.C. Additionally, the program shall ensure that any other updates or reassessments are
completed when deemed necessary by the intervention and treatment team to effectively manage
the youth’s case. The program shall maintain all re-assessment documentation in the youth’s
official youth case record.
(6) Performance Plan. A residential commitment program shall ensure that each youth has a
performance plan with individualized delinquency intervention goals to achieve before release
from the program. Based on the findings of the initial assessment of the youth, the intervention
and treatment team, including the youth, shall meet and develop the performance plan within 30
days of the youth’s admission.
(a) The performance plan, developed to facilitate the youth’s successful reintegration into the
community upon release from the program, shall include goals that:

Page 22 of 55

63E-7: Operation of Residential Programs
1. Specify delinquency interventions with measurable outcomes for the youth that will
decrease criminogenic risk factors and promote strengths, skills, and supports that reduce the
likelihood of the youth reoffending;
2. Target court-ordered sanctions that can be reasonably initiated or completed while the
youth is in the program; and
3. Identify transition activities targeted for the last 60 days of the youth’s anticipated stay in
the program.
(b) For each goal, the performance plan shall specify its target date for completion, the
youth’s responsibilities to accomplish the goal, and the program’s responsibilities to enable the
youth to complete the goal.
(c) To facilitate the youth’s rehabilitation or promote public safety, the intervention and
treatment team may revise the youth’s performance plan based on the RPACT reassessment
results, the youth’s demonstrated progress or lack of progress toward completing a goal, or newly
acquired or revealed information. Additionally, based on the transition conference addressed in
paragraph 63E-7.010(10)(a), F.A.C., the intervention and treatment team shall revise the youth’s
performance plan as needed to facilitate transition activities targeted for completion during the
last 60 days of the youth’s stay in the program.
(d) The youth, the intervention and treatment team leader, and all other parties who have
significant responsibilities in goal completion shall sign the performance plan, indicating their
acknowledgement of its contents and associated responsibilities. The program shall file the
original signed performance plan in the youth’s official youth case record and shall provide a
copy to the youth. Within 10 working days of completion of the performance plan, the program
shall send a transmittal letter and a copy of the plan to the committing court, the youth’s JPO, the
parent or legal guardian, and the DCF counselor, if applicable.
1. Electronic transmittal of the performance plan to the youth’s JPO and DCF counselor is
acceptable.
2. If the parent or guardian did not participate in the development of the performance plan
and if the youth is a minor and not emancipated as provided in Section 743.01 or 743.015, F.S., or
is over 18 years of age and incapacitated as defined in Section 744.102(12), F.S., the program
shall enclose an additional copy of the plan’s signature sheet and shall request in the transmittal
letter that the parent or guardian acknowledge receipt and review of the plan by signing the
signature sheet and returning it to the program. Any signature sheet signed by the parent or
guardian and returned to the program shall be attached to the youth’s original performance plan.
(7) Treatment Plan. When a youth has a developmental disability or a mental health,
substance abuse, or physical health need that is addressed in a separate treatment or care plan, that
treatment or care plan shall be coordinated with the youth’s performance plan through the multidisciplinary intervention and treatment team process to ensure compatibility of goals, services
and service delivery. The youth’s performance plan shall reference or incorporate the youth’s
treatment or care plan. When a youth in a residential commitment program has a current behavior
support plan or case plan through the Agency for Persons with Disabilities, the program shall
coordinate the youth’s performance plan with the youth’s APD plan for related issues.
(8) Academic Plan. A youth’s performance plan and his or her academic plan as specified in
paragraph 6A-6.05281(4)(a), F.A.C., if applicable, shall be coordinated through the multidisciplinary intervention and treatment team process, and the performance plan shall reference or
incorporate the academic plan.
(9) Performance Review and Reporting.
(a) Performance Reviews. A residential commitment program shall ensure that the
intervention and treatment team reviews each youth’s performance, including RPACT
reassessment results, progress on individualized performance plan goals, positive and negative

Page 23 of 55

63E-7: Operation of Residential Programs
behavior, including behavior that resulted in physical interventions, and if the youth has a
treatment plan, treatment progress. Performance reviews shall result in revisions to the youth’s
performance plan when determined necessary by the intervention and treatment team in
accordance with paragraph 63E-7.010(6)(c), F.A.C., and reassessments when deemed necessary
by the intervention and treatment team in accordance with paragraph 63E-7.010(5)(b), F.A.C.
1. Low-risk, moderate-risk, and high-risk programs shall conduct biweekly reviews of each
youth’s performance. A formal performance review, requiring, a meeting of the intervention and
treatment team, shall be conducted at least every 30 days. However, one biweekly performance
review per month may be informal, wherein the intervention and treatment team leader, including
other team members’ input when needed, meets with the youth.
2. In maximum-risk programs, the intervention and treatment team shall meet at least every
30 days to conduct a formal performance review of each youth.
3. The intervention and treatment team shall provide an opportunity for youth to demonstrate
skills acquired in the program, and shall document each formal and informal performance review
in the official youth case record, including the youth’s name, date of the review, meeting
attendees, any input or comments from team members or others, and a brief synopsis of the
youth’s progress in the program.
(b) Performance Reporting. The intervention and treatment team shall prepare a Performance
Summary at 90-day intervals, beginning 90 days from the signing of the youth’s performance
plan, or at shorter intervals when requested by the committing court. Additionally, the
intervention and treatment team shall prepare a Performance Summary prior to the youth’s
release, discharge or transfer from the program.
1. Each Performance Summary shall address, at a minimum, the following areas:
a. The youth’s status on each performance plan goal;
b. The youth’s overall treatment progress if the youth has a treatment plan;
c. The youth’s academic status, including performance and behavior in school;
d. The youth’s behavior, including level of motivation and readiness for change, interactions
with peers and staff, overall behavior adjustment, and, for any initial Performance Summary, the
youth’s initial adjustment to the program;
e. Significant positive and negative incidents or events; and
f. A justification for a request for release, discharge or transfer, if applicable.
2. The staff member who prepared the Performance Summary, the intervention and treatment
team leader, the program director or designee, and the youth shall review, sign and date the
document. Prior to the youth signing the document, program staff shall give the youth an
opportunity to add comments, providing assistance to the youth, if requested. The program shall
distribute the performance summary as specified below within 10 working days of its signing.
a. With the exception of a Performance Summary prepared in anticipation of a youth’s release
or discharge, the program shall send copies of the signed document to the committing court, the
youth’s JPO, and the parent or guardian and shall provide a copy to the youth.
b. As notification of its intent to release a youth pursuant to subsection 63E-7.012(2), F.A.C.,
or discharge a youth pursuant to subsection 63E-7.012(3), F.A.C., the program shall send the
original, signed Performance Summary, together with the Pre-Release Notification and
Acknowledgement form to the youth’s JPO who is responsible for forwarding the documents to
the committing court.
c. The program shall file the original, signed Performance Summary in the official youth case
record except when it is prepared in anticipation of a youth’s release or discharge, in which case,
the program shall file a signed copy in the official youth case record.
(10) Transition Planning. When developing each youth’s performance plan and throughout its
implementation during the youth’s stay, a residential commitment program shall ensure that the

Page 24 of 55

63E-7: Operation of Residential Programs
intervention and treatment team is planning for the youth’s successful transition to the community
upon release from the program. The intervention and treatment team shall intensify its transition
planning as the youth nears his or her targeted release date as follows:
(a) Transition Conference. In a program with a length of stay over 90 days, the intervention
and treatment team shall conduct a transition conference at least 60 days prior to the youth’s
targeted release date. In any program with a length of stay of 90 days or less, the exit conference,
addressed in paragraph 63E-7.010(10)(b), F.A.C., shall suffice to address all necessary prerelease transition activities.
1. The program director or designee, the intervention and treatment team leader, and the
youth shall attend the transition conference. Although the program shall encourage other
intervention and treatment team members to attend, those not attending shall provide written
input to the team leader prior to the conference. If the youth’s teacher is not an active intervention
and treatment team member, the team leader shall invite the teacher to participate in the transition
conference; however, if the teacher chooses not to attend, the team leader shall obtain the
teacher’s input prior to the conference. Additionally, the program shall invite the youth’s JPO,
post-residential services counselor, if different than the JPO, the youth’s parent or guardian, the
waiver support coordinator if the youth is an identified client of APD, a Division of Vocational
Rehabilitation representative if the youth has a disability as evidenced on his or her Individual
Education Plan (IEP), and if applicable, the DCF counselor. The program shall encourage
invitees’ participation through advanced notifications and reasonable accommodations. However,
when arrangements cannot be made for their participation in the transition conference, the
intervention and treatment team leader shall request their input and offer an opportunity for them
to provide it prior to the conference.
2. During the transition conference, participants shall review transition activities on the
youth’s performance plan, revise them if necessary, and identify additional activities as needed.
Target completion dates and persons responsible for their completion shall be identified during
the conference. The intervention and treatment team leader shall obtain conference attendees’
dated signatures, representing their acknowledgement of the transition activities and
accountability for their completion pursuant to the youth’s performance plan.
3. In follow-up to the conference, if anyone not in attendance is identified as having
responsibility for completing a transition activity, the intervention and treatment team leader shall
send him or her a copy of the plan and request its return with a dated signature. In this case, an
original signature is not necessary. Electronic transmittal of the plan to the youth’s JPO and, if
applicable, the DCF counselor is acceptable. If transmitted electronically, a return email
acknowledging receipt and review suffices and shall be printed and filed with the youth’s plan.
(b) Exit Conference. Prior to a youth’s release, the program shall conduct an exit conference
to review the status of the transition activities established at the transition conference and finalize
plans for the youth’s release. The exit conference shall be conducted after the program has
notified the JPO of the release, but not less than 14 days prior to the youth’s targeted release date
or, if the program has a length of stay of 45 days or less, it shall be conducted not less than one
week prior to the youth’s targeted release date.
1. The program shall arrange and prepare for the exit conference in accordance with the
requirements for the transition conference stipulated in subparagraph 63E-7.010(10)(a)1., F.A.C.
2. The program shall document the exit conference in the official youth case record, including
the date of the conference, attendees’ signatures, names of persons participating via telephone or
video conferencing, and a brief summary of the follow-up transition activities still pending. The
program shall track and ensure completion of any pending actions necessary to expedite the
youth’s release and successful transition.

Page 25 of 55

63E-7: Operation of Residential Programs
(11) Coordination of Services for DJJ Youth Also Served by DCF and APD. In an effort to
coordinate services for youth jointly served by the department and one or both of the agencies
identified above, a residential commitment program shall provide information requested by the
DCF counselor or APD representative, or the youth’s JPO on behalf of these agency
representatives, and shall, upon request, make reasonable accommodations for them to visit the
youth. The program shall invite these representatives from other agencies to the youth’s transition
and exit conferences in accordance with subparagraphs 63E-7.010(10)(a)1. and 63E7.010(10)(b)1., F.A.C., and, if necessary, make reasonable accommodations for telephone or
video access to participate in the conference. Additionally, the program shall notify these
representatives 30 days prior to a youth’s release or, in the event that the program does not have
30 days notice of the youth’s release, the program shall notify them immediately upon becoming
aware of the release date.
(12) Management of Sexually Violent Predator (SVP) Eligible Cases. A residential
commitment program shall establish and implement a tracking system to ensure that any case of a
youth who is screened by the department as potentially eligible for involuntary commitment as an
SVP is managed as follows:
(a) The program shall identify the youth’s potential SVP eligibility as part of the initial
assessment documentation and the youth’s performance plan. The program shall include
transition activities on the youth’s performance plan that facilitate determination of the youth’s
SVP eligibility status.
(b) When planning the youth’s release pursuant to paragraph 63E-7.012(2)(b), F.A.C., the
program shall assist the DCF multidisciplinary team and the State Attorney by providing
additional information requested or by accommodating their request to interview the youth.
Rulemaking Authority 985.64 FS. Law Implemented 985.601(3)(a) FS. History–New 12-9-08,
Amended 12-21-09, 5-4-10, Amended 7-20-10.

63E-7.011 Delinquency Intervention and Treatment Services.
A residential commitment program shall provide delinquency intervention and treatment services
that are gender-specific pursuant to Section 985.02, F.S., and that focus on preparing youth to live
responsibly in the community upon release from the program. The program shall design its
services and service delivery system based on the common characteristics of its primary target
population, including age, gender, and special needs, and their impact on youths’ responsivity to
intervention or treatment. However, in accordance with Rule 63E-7.010, F.A.C., the program
shall individualize and coordinate the provision of delinquency intervention and treatment
services based on each youth’s prioritized risk and needs as identified through the RPACT and
document services delivered in the youth’s individual management record.
(1) Residential Community. A residential commitment program shall establish an
environment that is conducive to the effective delivery of delinquency intervention and treatment
services. This environment shall promote and reinforce community values by giving youth
opportunities to assume the responsibilities and experience the benefits of being part of a
community. Therefore, the program shall establish a residential community, as defined in Rule
63E-7.002, F.A.C., that promotes the following:
(a) Each youth’s personal accountability for his or her actions and how they impact others;
(b) Community safety through peaceful conflict resolution and youth learning to manage their
behavior;
(c) Competency development through opportunities for youth to practice skills needed for
responsible community living;
(d) Youths’ active participation through opportunities to make choices, assume meaningful
roles, including team membership and leadership roles, and give input into the rules and operation

Page 26 of 55

63E-7: Operation of Residential Programs
of the residential community. The program shall establish a formal process to promote youths’
constructive input, such as a youth advisory council, that gives them experience in identifying
systemic issues impacting their residential community and making recommendations for
resolution to improve conditions and enhance the quality of life for staff and youth in the
program.
(2) Delinquency Intervention Services.
(a) For each youth in its care, a residential commitment program shall implement a
delinquency intervention model or strategy that is an evidence-based practice, promising practice
or a practice with demonstrated effectiveness as defined in Rule 63E-7.002, F.A.C., that
addresses a priority need identified for that youth.
(b) Education and work experience shall be considered by the Director of Programming when
determining staff delivery of delinquency intervention services.
(c) A staff person whose regularly assigned job duties include implementation of a specific
delinquency intervention model, strategy or curriculum shall receive training in its effective
implementation.
(d) A residential commitment program shall provide delinquency intervention services that
include, at a minimum, the following:
1. Educational Services and Career and Vocational Programming. Educational services shall
be provided pursuant to Section 1003.52, F.S., the cooperative agreement between the applicable
school district and the department as referenced in Section 1003.52(13), F.S., and any applicable
provisions of the residential provider’s contract with the department. Career and vocational
programming services shall be provided pursuant to Chapter 63B-1, F.A.C., and any applicable
provisions of the residential provider’s contract with the department. The program shall make
relevant facility training available to the educational and vocational staff, including program
orientation, facility safety and security procedures, the program’s behavior management system,
and other topics that the program deems necessary to promote coordination of services, as well as
safety and security.
2. Life and Social Skill Competency Development. The program shall provide interventions
or instruction that focus on developing life and social skill competencies in youth. For purposes
of this rule chapter, life skills are those skills that help youth to function more responsibly and
successfully in everyday life situations, including social skills that specifically address
interpersonal relationships. Non-clinical staff may implement life and social skills interventions
or instruction under the supervision of the Director of Programming except when the instructional
materials are specifically designed for use by clinical staff or when the skill training is delivered
in response to a youth’s treatment plan, thereby requiring a clinician’s implementation. In a DJJ
facility or program designated for Medicaid behavioral health overlay services (BHOS) or
Medicaid fee-for-service, individuals providing Medicaid funded life skills or social skills shall
meet the specific education and training requirements established by the Agency for Health Care
Administration (AHCA), as may be found in the Florida Medicaid Community Behavioral Health
Services Coverage and Limitations Handbook.
a. The program shall provide life and social skills intervention services that address, at a
minimum, identification and avoidance of high-risk situations that could endanger self or others,
communication, interpersonal relationships and interactions, non-violent conflict resolution,
anger management, and critical thinking including problem-solving and decision-making.
b. Direct care staff shall model prosocial behaviors for youth throughout the course of each
day in the program, reinforce delinquency interventions, and guide and re-direct youth toward
prosocial behaviors and positive choices. Additionally, staff shall engage youth in constructive
dialogue to peacefully resolve conflict when it occurs or, if imminent safety and security issues

Page 27 of 55

63E-7: Operation of Residential Programs
delay intervention to resolve the conflict, as a follow-up process after safety and security are
restored.
3. Impact of Crime Awareness Activities. The program shall provide activities or instruction
intended to increase youths’ awareness of and empathy for crime victims and survivors and
increase youths’ personal accountability for their criminal actions and harm to others. These
activities or instruction shall be planned or designed to:
a. Assist youth to accept responsibility for harm they have caused by their past criminal
actions, challenging them to recognize and modify their irresponsible thinking, such as denying,
minimizing, rationalizing, and blaming victims;
b. Teach youth about the impact of crime on victims, their families and their communities;
c. Expose youth to victims’ perspectives through victim speakers, in person or on videotape
or audiotape, or through victim impact statements, and engage youth in follow-up activities to
process their reactions to each victim’s accounting of how crime affected his or her life; and
d. Provide opportunities for youth to plan and participate in reparation activities intended to
restore victims and communities, such as restitution activities and community service projects.
4. Community Service Projects. The program shall engage youth in community service
projects as learning experiences that promote competency development in youth and provide
opportunities for them to give back to the community, such as projects that benefit less fortunate
or victimized persons. If youth are restricted to the confines of the residential facility grounds
pursuant to subsection 63E-7.013(19), F.A.C., the program shall engage them in structured
activities that can be accomplished on-site at the program while benefiting the community.
Through collaborative community partnerships, the program shall identify service projects that
are needed and valued by the community. Although program staff shall be responsible for the
direct supervision of youth while engaged in a community service project, the program shall
ensure that any community member identified to sponsor or oversee a project serves as a positive
role model while providing guidance needed for youth to successfully complete the project. In
order for youth to understand the value of community service, staff shall provide opportunities for
youth to give input into the selection of a community service project, involve youth in planning
for the project, and de-brief with youth after completion of the project to process what they
learned and how the community was benefited.
5. Recreation and Leisure Activities. The program shall provide a range of supervised,
structured indoor and outdoor recreation and leisure activities for youth. These activities shall be
based on the developmental levels and needs of youth in the program, as well as youths’ input
about their preferences and interests in various activities. The program shall offer recreation and
leisure activities requiring varying degrees of mental and physical exertion, such as board games,
creative arts, sports, and physical fitness activities. Activities shall be planned for youths’
exposure to a variety of leisure and recreation choices, exploration of interests, constructive use
of leisure time, and social and cognitive skill development, as well as to promote creativity,
teamwork, healthy competition, mental stimulation, and physical fitness.
a. When engaging youth in active recreation and physical fitness activities, the program shall
take the precautionary measures necessary to prevent over-exertion, heat stress, dehydration,
frostbite, hypothermia, and exacerbation of existing illness or physical injury.
b. When planning for and engaging youth in active recreation and physical fitness activities,
the program shall accommodate youths’ limitations due to physical disabilities.
c. The program shall provide each youth with the opportunity to engage in large muscle
exercise at least one hour daily. However, a youth shall not engage in such exercise when
prohibited by medical contraindications or restrictions documented by a licensed healthcare
professional or when a youth is exhibiting signs and symptoms of illness or physical injury
pending a licensed healthcare professional’s determination as to the necessity for medical

Page 28 of 55

63E-7: Operation of Residential Programs
restrictions. Additionally, a youth shall be prohibited from large muscle exercise when he or she
is temporarily separated from the general population, including when placed on controlled
observation or room restriction status pursuant to Rule 63E-7.013, F.A.C. However, if a youth is
restricted to a room, the program shall give the youth an opportunity for large muscle exercise as
soon as is reasonably possible after the youth is reintegrated into the general population.
d. The program director shall ensure development and implementation of written procedures
that establish the conditions, content, and supervision necessary for the use of books and other
leisure reading materials, television programming, videos, movies, and video games in the
program. Except for academic classroom materials approved by educational personnel, program
staff shall screen or preview the content of books and other reading materials, television
programming, videos, movies, and video games to prevent youth’s access to content that
promotes violence, criminal activity, sexual activity, or abuse. Program staff shall not allow youth
to view any television program, video, or movie that is rated above PG-13 unless it is previewed
and pre-approved by the program director or his or her designee.
6. Gang Prevention and Intervention Strategies. Consistent with subsection 63E-7.013(8),
F.A.C., a residential commitment program shall implement gang prevention and intervention
strategies when youth are identified as being a criminal street gang member, are affiliated with
any criminal street gang, or are at high risk of gang involvement. Identification of youth to
participate in gang prevention or intervention activities shall be based on information obtained
through the program’s screening, assessment and classification processes, as well as gangassociated behaviors exhibited or the youth’s expressed interest or intent while in the program.
(e) Rehabilitative Planning and Follow-up Requirements for Off-Campus Activities. A
residential commitment program shall ensure that off-campus activities addressed in this
subsection are purposeful, deliberately planned, and related to the rehabilitation of the
participating youth. Programs shall comply with eligibility, risk classification, notification and
approval, supervision, and other security requirements related to off-campus activities specified
in subsection 63E-7.013(19), F.A.C. Additionally, the program shall comply with the following
rehabilitative planning and follow-up requirements for youth participating in supervised offcampus activities, such as community service projects, field excursions and other transitionrelated activities, and unsupervised temporary release activities, such as community employment,
or day activities and home visits with youths’ parents or guardians. However, the following
requirements are not mandatory for supervised recreational off-campus activities earned by youth
as incentives in accordance with the program’s behavior management system.
1. A participating youth shall have specific, written goals or objectives, consistent with his or
her performance plan and transition goals, to accomplish during the above-listed off-campus
activities. For a home visit, the youth’s home visit goals shall be included on the Home Visit
Plan/Notification form. The program shall send the form to the youth’s JPO, the youth’s postresidential services counselor, if assigned, the youth’s parent or guardian as an attachment to a
transmittal letter explaining their responsibilities for providing supervision and support during
their child’s home visit, and the committing court as an attachment to the Home Visit Plan
Approval form. When the program sends this form to the committing court, the program shall
copy the youth’s parent or guardian, the youth’s JPO, and the youth’s post-residential services
counselor, if assigned.
2. After completion of an off-campus activity, program staff shall de-brief with participating
youth to process what they learned from the experience, as well as how they performed during the
activity, including successes, challenges, and if applicable, alternative behaviors or actions that
could have resulted in more positive outcomes. The youth’s treatment team shall use information
about the youth’s performance during off-campus activities when reviewing the youth’s overall
progress and when planning future off-site and transition activities for the youth. Therefore, the
program shall solicit feedback on a youth’s performance from the employer of a youth

Page 29 of 55

63E-7: Operation of Residential Programs
participating in community employment, the community member overseeing a community
services project, and the parent or guardian after supervising their child during a day activity or
home visit.
(3) Treatment Services. Treatment services shall be provided in accordance with the
following provisions:
(a) Authority for Evaluation and Treatment.
1. For purposes of this rule section, routine physical and mental healthcare services are
defined as those specified on the Authority for Evaluation and Treatment (AET) form.
2. Prior to admission to the program of a youth under 18 years of age or a youth 18 years of
age or older who is incapacitated as defined in Section 744.102(12), F.S., the youth’s JPO shall
provide the residential commitment program with an original or a legible copy of the signed AET
or a court order addressing the provision of routine physical and mental healthcare. However,
when a youth is 18 years of age or older and not incapacitated, or otherwise emancipated as
provided in Section 743.01 or 743.015, F.S., no AET or court order is required since the youth is
responsible for authorizing his or her own physical and mental health care.
3. Unless revoked or modified by a youth’s parent or guardian or superseded by a court order
addressing the provision of routine physical and mental healthcare, an AET remains current and
valid while the youth remains under the department’s supervision or custody or for one year after
it is signed, whichever comes later. However, if a youth reaches 18 years of age while in the
program and is not incapacitated, or is otherwise emancipated as provided in Section 743.01 or
743.015, F.S., the youth is responsible for authorizing his or her own physical or mental health
care.
4. When the person authorized to consent withholds, revokes or limits consent for any
recommended treatment, the program’s Designated Health Authority, based on his or her clinical
judgment, shall determine whether failure to provide the treatment will potentially result in
serious or significant health consequences for the youth or threaten his or her life or jeopardize
the health of other youth and staff in the program. If the Designated Health Authority so
determines, the program director shall explain the situation to the person withholding, revoking or
limiting consent, encouraging him or her to consent to the needed treatment; however, if consent
is still denied, the program director shall contact the department’s regional general counsel to
request that he or she obtain a court order authorizing the treatment.
5. If the program anticipates that a youth will reach 18 years of age while in the program and
believes that he or she is an incapacitated person as defined in Section 744.102(12), F.S., the
treatment team shall track the youth and, at least three months prior to his or her 18th birthday,
shall contact the youth’s parent or guardian to request that he or she initiate the process to
determine incapacitation and guardianship in accordance with the procedures specified in Part V
of Chapter 744, F.S. or, in the case of a youth in foster care, notify the DCF counselor of the
situation. If the program has reason to believe that guardianship is not being pursued, the program
shall notify the department’s regional legal counsel.
6. Except in the case of an incapacitated youth for whom the court has appointed a parent as
the guardian, the program shall not release any health or mental health information to a parent of
a youth who is 18 years of age or older, or is otherwise emancipated as provided in Section
743.01 or 743.015, F.S., without the youth’s written consent. The program shall request the youth
to give consent for his or her parent to be contacted in the event of an emergency; however, if the
youth does not consent, the program shall request the youth to designate in writing the person or
persons he or she wants contacted in an emergency situation.
7. The program shall not, under any circumstances, withhold physical or mental health
emergency services pending the signing of an AET or issuance of a court order.
8. The program shall ensure that the original or a legible copy of the AET or the court order is
maintained in the youth’s individual healthcare record. Additionally, any revocations or

Page 30 of 55

63E-7: Operation of Residential Programs
modifications to the aforementioned documents shall be documented in the youth’s individual
healthcare record.
9. The AET does not authorize or provide consent for substance abuse services. The youth’s
consent for substance abuse services must be obtained as specified in paragraph (b) below.
(b) Youth Consent for Substance Abuse Evaluation and Treatment.
1. A youth must consent to substance abuse evaluation and treatment unless such treatment is
ordered by the court.
2. Youth consent for substance abuse services is addressed in Chapter 397, F.S.
3. If a youth refuses to provide consent for necessary substance abuse evaluation and
treatment, the department shall determine the need for a court order for the provision of such
services.
4. Substance abuse records of service providers pertaining to the identity, diagnosis, and
prognosis of and service provision to a youth may not be disclosed without the written consent of
the youth to whom they pertain. However, appropriate disclosure may be made without written
consent as specified in Section 397.501(7), F.S.
5. Any written consent for disclosure may be given only by the youth. This restriction on
disclosure includes any disclosure of youth identifying information to the parent, legal guardian or
custodian for the purpose of obtaining financial reimbursement.
6. Youth consent for release of substance abuse information and records is addressed in Chapter
397, F.S., and 42 Code of Federal Regulations, Part 2.
(c) Physical Health Services. A residential commitment program shall employ or contract
with an individual to be the Designated Health Authority. He or she shall be licensed pursuant to
Chapter 458 or 459, F.S. The Designated Health Authority shall be responsible for ensuring the
delivery of administrative, managerial and medical oversight of the program’s health care system.
The program shall promote the health and physical development of the youth in its custody by
ensuring the provision of, at a minimum, the following healthcare components.
1. Intake Screenings and Assessments. Each youth shall be screened pursuant to Rule 63E7.004, F.A.C., and assessed pursuant to Rule 63E-7.010, F.A.C. If a youth is identified as having
a chronic condition or a communicable disease, is determined to be pregnant, or experiences a
significant change in his or her healthcare status, or when a new medication or medical regimen is
initiated, a physician or physician’s designee shall conduct a follow-up assessment when deemed
necessary based on his or her clinical judgment about the youth’s condition.
2. Episodic Care. The program shall respond to any unexpected illness, accident or condition
that requires immediate attention by ensuring 24-hour first aid and access to emergency care for
youth when needed.
3. Sick Call Care. The program shall ensure implementation of an effective method for each
youth to access sick call, as well as a system to respond to any youth’s sick call complaint of
illness or injury of a non-emergency nature with a nursing assessment and, when warranted, a
nursing intervention or referral to an off-site health care provider for treatment. Sick call shall be
conducted by a registered nurse, or by a licensed practical nurse who shall review the cases daily,
telephonically or in person, with a healthcare professional who holds a license with a scope of
practice at the level of an RN or higher, i.e. an RN, an ARNP, a PA, an MD, or a DO.
4. Medication Management. The program’s medication management system shall provide for
the safe, effective, and documented storage, administration, and inventory of over-the-counter
and prescription medications, including controlled substances.
5. Infection Control. The program shall develop and implement a plan for surveillance,
screening and management of illnesses or potential infectious conditions. The program’s infection
control plan shall be approved by the Designated Health Authority and shall address, at a

Page 31 of 55

63E-7: Operation of Residential Programs
minimum, universal precautions, blood borne pathogens, needlestick injuries with post-exposure
evaluation and follow-up, and communicable diseases.
6. Health Education. Health education pertaining to issues of adolescence shall be provided to
youth appropriate for their age, developmental level and gender. Additionally, as applicable,
individualized health education shall be provided on specific health conditions, such as prenatal,
postpartum and parenting education for pregnant youth.
7. Transitional Healthcare Planning. Consistent with transition planning required in Rule
63E-7.010, F.A.C., the program shall ensure a process to facilitate healthcare transitional
planning and information exchange to maintain continuity of care for a youth who is released or
discharged from the program or transferred to another facility.
(d) Mental Health and Substance Abuse Services.
1. Designated Mental Health Authority or Clinical Coordinator. A residential commitment
program shall designate a Designated Mental Health Authority or a Clinical Coordinator as
follows:
a. Any program with an operating capacity of 100 or more youth or any program providing
DJJ specialized treatment services shall employ or contract with a single licensed mental health
professional to be known as the Designated Mental Health Authority. If the program contracts
with an agency or corporate entity, rather than a single mental health professional, then a single
licensed mental health professional within the agency or corporate entity shall be identified as the
Designated Mental Health Authority.
b. Any program with an operating capacity of less than 100 youth or that does not provide
specialized DJJ treatment services, shall designate either a Designated Mental Health Authority
or a Clinical Coordinator. A Clinical Coordinator is a designated licensed mental health
professional or a designated non-licensed mental health clinical staff person who has received
training specifically in mental health services coordination, and who is responsible for
coordinating and verifying implementation of necessary and appropriate mental health and
substance abuse services. Designating a non-licensed mental health clinical staff person as a
Clinical Coordinator does not confer upon that person the authority to provide clinical
supervision of clinical staff.
2. A residential commitment program shall ensure that youth in the program have access to,
at a minimum, the following mental health and substance abuse services:
a. Mental health and substance abuse screening;
b. Comprehensive mental health and substance abuse evaluation;
c. Individualized mental health and substance abuse treatment planning and discharge
planning;
d. Individual, group and family therapy;
e. Behavioral therapy;
f. Psychosocial skills training;
g. Psychiatric services;
h. Suicide prevention services;
i. Mental health crisis intervention;
j. Emergency mental health and substance abuse services; and
k. Developmental disability services for youth with a developmental disability.
3. Screening. Mental health and substance abuse screening that addresses risk factors for
suicide, mental disorder and substance abuse shall be conducted upon a youth’s admission to a
residential commitment program in accordance with Rule 63E-7.004, F.A.C.
4. Comprehensive Evaluation. Youth who demonstrate behaviors or symptoms indicative of
mental disorder or substance abuse during the screening process or after admission to the program

Page 32 of 55

63E-7: Operation of Residential Programs
shall be referred for a comprehensive mental health or substance abuse evaluation or update to be
conducted by a qualified person in accordance with Rule 63E-7.010, F.A.C.
5. Suicide Prevention Services. Youth who demonstrate suicide risk factors during the
screening process or after admission to a program shall be referred for Assessment of Suicide
Risk or emergency mental health services if the youth is in crisis. A youth identified with suicide
risk factors shall be maintained on suicide precautions until he or she has received an Assessment
of Suicide Risk conducted by a mental health clinical staff person who is a licensed mental health
professional or works under the direct supervision of a licensed mental health professional. The
Assessment of Suicide Risk form (MHSA 004, August 2006) is incorporated into this rule and is
available
electronically
at
http://www.djj.fl.us/forms/mental_health_substance_abuse
_services_forms_index.html.
6. Treatment Plan Development and Implementation. When a comprehensive mental health
or substance abuse evaluation indicates the youth is in need of mental health and/or substance
abuse treatment, an individualized mental health and/or substance abuse treatment plan shall be
developed and timely treatment shall be provided based upon the youth’s treatment plan. Pending
development of an individualized mental health or substance abuse treatment plan, an initial plan
is acceptable.
a. The individualized mental health treatment plan shall include the signatures of the youth,
the mental health clinical staff person that prepared the plan, and any intervention and treatment
team members who participated in its development. A licensed mental health professional shall
review, sign and date the treatment plan within 10 days of completion.
b. The individualized substance abuse treatment plan shall include the signatures of the youth,
the substance abuse clinical staff person that prepared the plan and any intervention and treatment
team members who participated in its development. The plan shall be completed by a qualified
professional who is licensed under Chapter 458, 459, 490 or 491, F.S., or a substance abuse
clinical staff person who is an employee of a service provider licensed under Chapter 397, F.S., or
an employee in a facility licensed under Chapter 397, F.S. If the treatment plan is completed by a
non-licensed substance abuse clinical staff person, it shall be reviewed as provided in Rule 65D30.004, F.A.C.
7. Mental Health and Substance Abuse Treatment. The program shall ensure the delivery of
individual, group and family therapy, behavioral therapy, or psychosocial skills training in
accordance with a youth’s treatment plan. Mental health treatment shall be provided by a licensed
mental health professional or a mental health clinical staff person working under the direct
supervision of a licensed mental health professional. Substance abuse treatment shall be delivered
by a qualified professional who is licensed under Chapter 458, 459, 490 or 491, F.S., a substance
abuse clinical staff person who is an employee of a service provider licensed under Chapter 397,
F.S., or an employee in a facility licensed under Chapter 397, F.S. Additionally, psychiatric
treatment services delivered in accordance with a youth’s treatment plan shall be provided by a
licensed psychiatrist or a licensed and certified psychiatric advanced registered nurse practitioner
working under the clinical supervision of a licensed psychiatrist. The psychiatrist shall be a
physician licensed under 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 licensed psychiatrist who is board certified in Forensic
Psychiatry by the American Board of Psychiatry and Neurology or American Board of Forensic
Psychiatry may also provide psychiatric treatment services if he or she has prior experience and
training in psychiatric treatment with children or adolescents.
8. Crisis Intervention and Emergency Mental Health Services. Youth who demonstrate acute
emotional or behavioral problems or acute psychological distress shall be referred for mental

Page 33 of 55

63E-7: Operation of Residential Programs
health crisis intervention services conducted by a licensed mental health professional or a nonlicensed mental health clinical staff person working under the direct supervision of a licensed
mental health professional. When a youth exhibits behaviors that constitute an imminent danger
to self or others because of mental illness, the youth shall be referred for emergency mental health
services in accordance with the provisions of Section 394.463, F.S.
9. Discharge Planning. Prior to a youth being discharged from mental health or substance
abuse treatment, either when completing treatment or when being transferred, released or
discharged from the residential program before completing treatment, a mental health or
substance abuse discharge plan shall be developed to facilitate continuity when the youth moves
from one facility to another or returns to his or her community. Additionally, the youth’s
intervention and treatment team shall use the youth’s treatment discharge plan when planning for
the youth’s transition to the community pursuant to Rule 63E-7.010, F.A.C.
Rulemaking Authority 985.64 FS. Law Implemented 985.601(3)(a) FS. History–New 12-9-08,
Amended 12-21-09, 5-4-10, 7-20-10.

63E-7.012 Transfer, Release and Discharge.
(1) Transfer.
(a) A residential commitment program may request to transfer a youth to a higher, lower, or
same restrictiveness level program by submitting a Request for Transfer form and a transfer
Performance Summary to a regional transfer administrator designated by the department. The
transfer Performance Summary shall describe efforts by the program to meet the youth’s
treatment needs and to modify or manage non-compliant behavior. A program’s request to
transfer a youth shall be based on at least one of the following:
l. A youth’s new law violations;
2. The youth’s continued non-compliant behavior after the program has attempted to modify
or manage it;
3. The program’s incapacity to meet the youth’s changing treatment needs;
4. The youth’s gang affiliation;
5. Protection of the public; or
6. Impending program closure or reduction in the program’s bed capacity.
(b) The transfer administrator shall conduct a transfer staffing if a youth is being considered
for transfer to a higher restrictiveness program, and may conduct a transfer staffing in other cases
when he or she deems necessary. If the transfer administrator schedules a transfer staffing, the
program requesting the transfer shall:
1. Send the Notification of Transfer Staffing form letter and the transfer Performance
Summary to the youth’s parents or legal guardian, copying the youth, the youth’s JPO, the
Department of Children and Families foster care worker, if applicable, and any attorneys of
record, including the defense attorney and state attorney;
2. Designate at least one member of the youth’s treatment team to participate in the staffing;
and
3. Provide any additional information and documentation requested by the transfer
administrator.
(c) The transfer administrator shall approve or deny the transfer request based on review of
information provided by the program, consideration of any transfer staffing recommendations,
verification of the youth’s eligibility for admission into a program at the recommended
restrictiveness level, and availability of a program that can better meet the youth’s needs while
protecting the public. However, if the transfer administrator approves a request that recommends
a transfer to a restrictiveness level other than that to which the court committed the youth, the
transfer administrator shall submit the transfer request to the court.

Page 34 of 55

63E-7: Operation of Residential Programs
(d) The residential commitment program shall include any transfer request and notification
documentation in the youth’s individual management record.
(e) When a transfer is granted, the initiating residential commitment program shall prepare a
transfer packet. The receiving program shall inspect the packet prior to the transferred youth’s
admission and, if any core documents are not included in the packet, shall contact the initiating
program to request the missing documents be faxed or electronically transmitted. The core
documents are as follows:
1. DJJ face sheet;
2. Current commitment order;
3. Predisposition report;
4. Commitment conference summary; and
5. Individual healthcare record that includes:
a. The current original Authority for Evaluation and Treatment or a current legible copy;
b. Comprehensive physical assessment;
c. Immunization records; and
d. Tuberculosis skin test (Mantoux) results, unless contraindicated.
(f) Within 24 hours of any transfer or on the first regular workday of the following week
when the youth is transferred on a holiday, a weekend or a Friday afternoon, the program shall
update the JJIS Bed Management System or, if a program does not have access to JJIS, shall
notify the regional commitment manager. The only exception to this notification requirement is
when the regional commitment manager served as the transfer administrator who granted the
transfer request.
(2) Release.
(a) When planning for the release of any youth who is clearly not subject to involuntary
commitment as a Sexually Violent Predator (SVP), a residential commitment program shall
comply with the following provisions.
1. A program with a designed or estimated length of stay of more than 45 days shall forward
the Pre-Release Notification and Acknowledgment form, with the pre-release notification section
completed, and the release Performance Summary to the youth’s JPO at least 45 days, or in the
case of a sex offender who is not SVP eligible, at least 90 days prior to the youth’s planned
release date. A residential commitment program with a designed or estimated length of stay of 45
days or less shall forward the Pre-Release Notification and Acknowledgment form, with the prerelease notification section completed, to the youth’s JPO within 72 hours of the youth’s
admission to the program.
a. If the program does not receive the completed Pre-Release Notification and
Acknowledgment form within 20 working days of the program sending it to the youth’s JPO, the
program shall contact the JPO or the JPO’s supervisor to expedite return of the form.
b. In the event that the court directly contacts a residential commitment program to summon,
subpoena, or request the youth appear at a hearing to address the release request, the program
shall immediately notify the youth’s JPO or, if unavailable, the JPO’s supervisor.
c. If the court objects to the youth’s release, the program shall resubmit the Pre-Release
Notification and Acknowledgement form and Performance Summary to the JPO after the youth
has made progress towards meeting the court’s expectations.
d. The program shall not release any youth without written notification from the JPO or the
JPO’s supervisor that documents the court’s approval or confirms the release is considered
approved when the court does not respond within 10 days of the department’s request. Upon
notification that a release request has been approved or is considered approved, the program shall
provide written notification to the youth’s parents or legal guardian of the planned release and
complete an RPACT exit assessment.

Page 35 of 55

63E-7: Operation of Residential Programs
2. If a youth’s offense is homicide pursuant to Chapter 782, F.S., (lawful representatives or
next of kin considered as the victims in homicide cases), a sexual offense pursuant to Chapter
794, F.S., attempted murder or a sexual offense pursuant to Chapter 777, F.S., stalking pursuant
to Section 784.048, F.S., or domestic violence pursuant to Section 25.385, F.S., the program shall
notify the youth’s victims or their designees prior to releasing the youth unless the youth’s JPO
has provided the program with a waiver of notification rights signed by the victims or their
designees.
a. The program shall track youth whose victims or designees require notification while
maintaining confidentiality that protects the identity of victims.
b. The program shall mail the Victim Notification of Release form letter to the victims or
their designees at least 10 working days prior to the youth’s release or, if circumstances beyond
the program’s control prevent this, as soon thereafter as possible before the youth’s release. The
program shall document all notifications and attempted notifications and shall copy the youth’s
JPO and the youth’s individual management record on the notification letter.
c. Under no circumstances shall the program notify a victim or designee if he or she waived
notification rights in writing, nor shall the program notify the victim or designee until the youth’s
JPO notifies the program of approval to release the youth.
3. The program shall also ensure the following notifications prior to a youth’s release:
a. Educational and vocational staff so required post-testing may be conducted, transcripts
prepared, records transferred, and the receiving community school notified.
b. Parties or entities requiring notification if the youth is a juvenile sex offender pursuant
Section 985.48, F.S.; and
c. JJIS or the department’s regional commitment manager. Within 24 hours of any release or
on the first regular workday of the following week when the youth is released on a holiday, a
weekend or a Friday afternoon, the program shall update the JJIS Bed Management System or, if
a program does not have access to JJIS, shall notify the regional commitment manager.
4. Prior to a youth’s release, the program shall comply with the following departure
procedures:
a. Arrange transportation as necessary; and
b. Conduct a property inventory of the youth’s personal possessions in the presence of the
youth, documenting the inventory and verifying its accuracy with signatures of the staff
conducting the inventory, the youth, and a witness. The program shall reconcile any differences
between the intake and release inventories. However, no release inventory is required if there is
documentation that the program sent the youth’s personal possessions home at the time of
admission or intake.
(b) When planning the release of any youth who, based on the department’s screening, may
be eligible for involuntary commitment as an SVP, a residential commitment program shall
comply with the following provisions:
1. Not less than 240 days prior to the anticipated release of a youth who is potentially SVP
eligible, a program with a designed or estimated length of stay of 240 days or more shall notify
the JPO of the anticipated release. A program with a designed or estimated length of stay of less
than 240 days shall commence notification to the JPO within 30 days of the youth's admission to
the program.
2. The program shall not release any youth who is potentially SVP eligible and subject to the
provisions of Chapter 394, F.S., until the Sexual Predator Unit at the Department of Children and
Families (DCF) has determined eligibility and the youth's JPO has advised the program how to
proceed and has provided the program with written documentation to support such action. To
facilitate this eligibility determination process, the residential commitment program shall provide
to the youth's JPO the documentation required by DCF.

Page 36 of 55

63E-7: Operation of Residential Programs
a. A program with an estimated length of stay of 240 days or more shall provide the Jimmy
Ryce Act For violent Sexual Offenders/Residential Program Notification Checklist, the
performance plan, the Performance Summary, a physical health summary, a summary of the
youth’s institutional adjustment if not included in the Performance Summary, and any
psychological or psychiatric report.
b. In the case of a program whose estimated length of stay is less than 240 days, wherein
release notification commences 30 days or less after the admission of a potentially SVP eligible
youth is admitted, the program shall initially provide the JPO with the Jimmy Ryce Act For
Violent Sexual Offenders/Residential Program Notification Checklist, the performance plan, a
physical health summary, a summary of the youth's institutional adjustment, and any
psychological or psychiatric reports. Additionally, the program shall provide the JPO with the
Performance Summary and the transition plan immediately subsequent to their completion.
Although the program provides existing psychological or psychiatric reports at the time it
commences release notification, the program shall provide the JPO with any subsequent
psychological or psychiatric reports that may be generated while the youth is still in the program.
c. If DCF determines that a youth is not subject to civil commitment as a SVP pursuant to
Chapter 394, F.S., the program shall comply with the provisions set forth in paragraph 63E7.012(2)(a), F.A.C., of this rule chapter.
(c) In addition to complying with the provisions of paragraph (2)(a) or (2)(b) of this section
of this rule chapter, when planning for the release of any sex offender who is identified on his or
her commitment packet as being subject to registration requirements pursuant to Section
943.0435, F.S., a residential commitment program shall take a digitized photograph of the youth
within 60 days prior to release. Prior to the youth’s release, the program shall provide the
digitized photograph to the youth’s JPO or, if there is a web camera, the program shall download
the youth’s photograph into JJIS for inclusion in the youth’s file.
(3) Discharge. When a youth is being directly discharged rather than released to postcommitment probation or conditional release supervision, a residential commitment program
shall comply with the notification requirements for release pursuant to subparagraphs 63E7.012(2)(a)1.a., and 2.-3., F.A.C., of this rule chapter and the departure requirements pursuant to
subparagraph 63E-7.012(2)(a)4., F.A.C., of this rule chapter, with the following exceptions:
(a) The program shall send a discharge rather than release summary with the Pre-Release
Notification and Acknowledgment form to the youth’s JPO; and
(b) The program shall notify the youth’s parent or legal guardian at least 30 days prior to the
youth’s discharge unless the youth is being discharged because he or she has reached the age of
jurisdiction.
(4) If a youth in a residential commitment program is taken into custody by law enforcement
as an adult for crimes that occurred prior to or during residential placement, the program shall:
(a) Complete the Request for Notification When Youth Is Ready for Release form, securing
the signature of the law enforcement officer taking custody of the youth, and give him or her a
copy of the form and a copy of the youth’s commitment order;
(b) Contact the youth’s JPO by telephone and in writing, immediately notifying him or her of
the youth’s status; and
(c) Document the event, notifications and attempted notifications.
(5) When a youth in a residential commitment program is arrested on a new charge or a preplacement charge pending in juvenile court that results in the youth going to detention, the
residential program shall facilitate a timely return of the youth unless the youth’s continued
placement in the program substantially jeopardizes safety or security.
Rulemaking Authority 20.316, 985.64, 985.601(3)(a) FS. Law Implemented 985.601(3)(a),
985.03(44), 985.441(1)(b) FS. History–New 1-3-08, Amended 8-25-08, 12-21-09.

Page 37 of 55

63E-7: Operation of Residential Programs

63E-7.013 Safety and Security.
(1) Physical Security Features. A residential commitment program shall provide physical
security features as required pursuant to Chapter 985, F.S., the provider’s contract with the
department, if applicable, and the provisions listed below based on the restrictiveness level of the
program. Unless specified otherwise in a provider’s contract with the department, and contingent
upon legislative appropriations, the department is responsible for providing the following
physical security features in a program operated in a state-owned building.
(a) Although a low-risk program is not required to be physically secure, authorized features
include delay-open door alarms, window alarms, electronic search devices, video surveillance
equipment, radio or cellular phone communication devices for staff, and exterior lighting.
(b) A moderate-risk program shall be environmentally secure, staff secure, or hardwaresecure with walls, fencing, or locking doors. Additionally, the following security features are
authorized, but not required, for a moderate-risk program:
1. Security fencing with an inside overhang or razor wire;
2. Door locks on entry, exit, and passage doors, with a manual override capability if locks are
electronic;
3. Secure windows of break-resistant or screened glass;
4. Delay open door and window alarms;
5. Camera surveillance system;
6. Secure sally port;
7. Secure pedestrian gate;
8. Exterior security lighting;
9. Electronic search equipment; and
10. Radio or cellular phone communication devices for staff.
(c) A high-risk program shall provide security features that include a minimum of 12-feet
high perimeter fencing, with an inside overhang or razor wire; door locks on entry, exit and
passage doors, with a manual override capability if locks are electric; secure windows of breakresistant or screened glass; and exterior security lighting. A high-risk program shall also provide
radio or cellular phone communication devices for staff. Additionally, the following security
features are authorized, but not required, for a high-risk program:
1. Camera surveillance system;
2. Secure sally port;
3. Secure pedestrian gate; and
4. Electronic search equipment.
(d) A maximum-risk program shall provide the following security features:
1. Perimeter security fencing of at least 12 feet in height, with an inside overhang or razor
wire;
2. Door locks on entry, exit, and passage doors, with a manual override capability if locks are
electronic;
3. Camera surveillance system, with inside and outside cameras and taping capability;
4. Sally port with intercom capability;
5. Secure pedestrian gate with intercom capability;
6. Secure windows that are break-resistant or screened glass;
7. Sleeping room doors that open out;
8. Exterior security lighting;
9. Electronic search equipment; and
10. Radio or cellular phone communication devices for staff.

Page 38 of 55

63E-7: Operation of Residential Programs
(2) Staffing Ratios. Any low-risk residential commitment program of more than five beds,
and any moderate-risk, high-risk, and maximum-risk restrictiveness level program shall provide
awake staff supervision 24 hours per day.
(a) Establishment of staff-to-youth ratios for each contracted or state-operated program shall
be based on the following factors:
1. Restrictiveness level of the program;
2. Special needs of the targeted population; and
3. Facility layout or physical plant design.
(b) Staff-to-youth ratios in a privately operated residential commitment program shall be
provided as specified in the provider’s contract with the department and shall be monitored for
compliance by the department.
(c) Staff-to-youth ratios in a state-operated program shall be specified in the department’s
monitoring plan for the program and shall be monitored for compliance by the residential monitor
designated by the department.
(3) Supervision of Youth. All residential commitment program staff shall promote safety and
security by maintaining active supervision of youth to include interacting positively with youth,
engaging youth in a full schedule of constructive activities, closely observing behavior of youth
and changes in behavior, and consistently applying the program’s behavior management system.
(a) Program staff shall account for the whereabouts of youth under their supervision at all
times.
1. Each program shall ensure that staff conduct and document resident counts minimally at
the beginning of each shift, after each outdoor activity, and during any emergency situation,
escape incident or riot.
2. Each program shall track daily census information to include, at a minimum, the total daily
census count, new admissions, releases or direct discharges, transfers, and youth temporarily
away from the program.
3. If, at any time, program staff cannot account for any youth’s whereabouts or they find
discrepancies between resident counts and the tracking of daily census information, the program
shall reconcile immediately and take follow-up action as needed.
(b) A residential commitment program shall ensure that staff observe youth at least every ten
minutes while they are in their sleeping quarters, either during sleep time or at other times, such
as during an illness or room restriction. Staff shall conduct the observations in a manner to ensure
the safety and security of each youth and shall document real time observations manually or
electronically.
(4) Procedures. A residential commitment program shall develop and implement written
facility operating procedures or protocols addressing safety and security.
(5) Safe and Secure Facility. A residential commitment program shall maintain a safe and
secure physical plant, grounds and perimeter and shall:
(a) Conduct weekly security audits and safety inspections;
(b) Develop and implement corrective actions warranted as a result of safety and security
deficiencies found during any internal or external review, audit, or inspection; and
(c) Verify that deficiencies are corrected as follows and existing systems are improved or new
systems are instituted as needed to maintain compliance. In cases where no corrective action can
be reasonably implemented without the department’s response to a request for use of facility
maintenance funds, the provider’s request shall constitute initiation of corrective action.
1. Immediate initiation of corrective actions necessary to eliminate any imminent threat to life
and safety or any impending security breach; and
2. Initiation of other corrective actions needed within 30 days;

Page 39 of 55

63E-7: Operation of Residential Programs
(6) Audio or Video Recordings. A residential commitment program that has any on-site video
or audio system with recording capability shall maintain at least a 90-day history of recordings
unless the equipment does not have the capacity to maintain a 90-day history, in which case the
program shall maintain the recordings at least 30 days or longer if within the equipment’s
capacity.
(7) Classification of Youth. A residential commitment program shall establish a classification
system that promotes safety and security, as well as effective delivery of treatment services, based
on determination of each youth’s individual needs and risk factors, that addresses, at a minimum,
the following:
(a) Classification factors to include, at a minimum, the following:
1. Physical characteristics, including sex, height, weight, and general physical stature;
2. Age and maturity level;
3. Identified special needs, including mental, developmental or intellectual, and physical
disabilities;
4. History of violence;
5. Gang affiliations;
6. Criminal behavior;
7. Sexual aggression or vulnerability to victimization, and
8. Identified or suspected risk factors, such as medical, suicide, and escape or security risks;
(b) Initial classification of each newly admitted youth for the purpose of assigning him or her
to a living unit, sleeping room, and youth group or staff advisor;
(c) Reassessment of a youth’s needs and risk factors and reclassification, if warranted, prior
to considering:
1. An increase in the youth’s privileges or freedom of movement;
2. The youth’s participation in work projects or other activities that involve tools or
instruments that may be used as potential weapons or means of escape; and
3. The youth’s participation in any off-campus activity; and
(d) A continually updated, internal alert system that is easily accessible to program staff and
keeps them alerted about youth who are security or safety risks, including escape risks, suicide or
other mental health risks, medical risks, sexual predator risks, and other assaultive or violent
behavior risks. The program shall design and implement this system to reduce risks by alerting
program staff when there is a need for specific follow-up or precautionary measures or more
vigilant or increased levels of observation or supervision, and by assisting staff when making
treatment or safety and security decisions. Although a direct care, supervisory, or clinical staff
may place a youth on alert status if he or she meets the criteria for inclusion in the program’s alert
system, only the following may recommend downgrading or discontinuing a youth’s alert status:
1. A licensed mental health professional or mental health clinical staff person for suicide risks
or other mental health alerts;
2. A medical staff person for medical alerts upon verification that the health condition or
situation no longer exists; or
3. The program director, assistant program director, or on-site supervisor for security alerts.
(8) Gang Prevention and Intervention. A residential commitment program shall implement
gang prevention and intervention strategies within the facility. Any indication of formal criminal
gang activity, either observed or reported, shall be documented and the names of the youth
identified as participating in formal criminal gang activity shall be entered in the alert system in
JJIS and forwarded to local law enforcement for review. This information shall be shared with the
education provider or local school district providing educational services at the facility, as well as
with the youth’s JPO and, if identified, his or her post residential services counselor. If local law
enforcement certifies the youth as an associate or criminal gang member, the program shall

Page 40 of 55

63E-7: Operation of Residential Programs
document the information in the alert system in JJIS. For the purpose of this rule chapter, the
definitions of criminal gang and criminal gang member are consistent with definitions in Chapter
874, F.S.
(9) Key Control. A residential commitment program shall establish a key control system that,
at a minimum, addresses the following:
(a) Key assignment and usage, including restrictions on usage;
(b) Inventory and tracking of keys;
(c) Secure storage of keys not in use;
(d) Procedures addressing missing or lost keys; and
(e) Reporting and replacement of damaged keys.
(10) Contraband. A residential commitment program shall delineate items and materials
considered contraband when found in the possession of youth. The program shall provide youth
with the list of contraband items and materials and inform the youth of the consequences if found
with contraband. The program shall establish a system to prevent the introduction of contraband
and identify contraband items and materials through searches of the physical plant, facility
grounds, and its youth.
(a) Before program staff conduct any strip search of a youth and, at a minimum, before staff
conduct a youth’s initial frisk search, staff shall prepare the youth by explaining the purpose of
the search and what it entails, while assuring the youth of his or her safety. Throughout the
search, staff shall avoid using unnecessary force and shall treat the youth with dignity and respect
to minimize the youth’s stress and embarrassment.
(b) Frisk and Strip Searches. Staff conducting a frisk search, which is conducted through the
youth’s clothing, shall be of the same sex as the youth being searched. A strip search, a visual
check of a youth without clothing, shall be conducted in a private area with two staff members
present, both of the same sex as the youth being searched. As an alternative when two staff of the
same sex are not available, one staff of the same sex as the youth may conduct the strip search
while a staff of the opposite sex is positioned to observe the staff person conducting the search,
but cannot view the youth. Use of electronic search equipment is authorized to supplement any
frisk search authorized in this rule section. The provisions below stipulate the minimum
requirements for use of frisk searches and strip searches based on a program’s restrictiveness
level. However, a program at any level is permitted to conduct frisk or strip searches when
authorized by the program director, or in the director’s absence, his or her designee, for purposes
of controlling contraband or ensuring safety and security. When a frisk search is required based
on the following provisions, yet the program director or designee authorizes a strip search for
contraband control or safety and security purposes, the strip search shall be in lieu of the frisk
search.
1. Programs at the Low-risk and Moderate-risk Restrictiveness Levels. In accordance with
Rule 63E-7.013, F.A.C., a low-risk or moderate-risk program shall conduct a frisk search after a
youth’s participation in a vocational or work program or activity involving the use of tools or
other implements that could be used as weapons or a means of escape. A frisk search shall also be
conducted when a youth returns from a home visit. Consistent with Rule 63E-7.004, F.A.C., a
low-risk or moderate-risk program shall conduct a strip search of every youth upon admission,
except when a youth is admitted from secure detention, in which case a strip search is authorized
rather than required.
2. Programs at the High-risk and Maximum-risk Restrictiveness Levels. In accordance with
Rule 63E-7.013, F.A.C., a high-risk or maximum-risk program shall conduct a frisk search after a
youth’s participation in a vocational or work program or activity involving the use of tools or
other implements that could be used as weapons or as a means of escape. Consistent with
subsection 63E-7.013(11), F.A.C., a high-risk or maximum-risk program shall conduct a frisk

Page 41 of 55

63E-7: Operation of Residential Programs
search following a youth’s involvement in a visitation activity. In the case of non-contact
visitation, such as when the visitor and the youth are separated by an impenetrable barrier, the
program director shall not authorize a strip search in lieu of a frisk search. A frisk search shall
also be conducted when a youth returns from a supervised off-campus activity conducted away
from the facility or its grounds. Although unsupervised off-campus activities, including home
visits, are not permitted for youth in maximum-risk programs, a high-risk program shall strip
search a youth returning from a home visit and shall frisk search a youth returning from any other
unsupervised off-campus activity. Consistent with Rule 63E-7.004, F.A.C., a high-risk or
maximum-risk program shall conduct a strip search of every youth upon admission, except when
a youth is admitted from secure detention, in which case a strip search is authorized rather than
required.
(c) A cavity search that involves the examination of the youth’s body cavities, with the
exception of visual inspection of ears, nose and mouth, may only be conducted by trained medical
personnel in an emergency room setting when authorized by the program director because it is
strongly suspected that a youth has concealed contraband in a body cavity.
(d) With the exception of privileged mail to or from a youth’s attorney of record, JPO, clergy,
or a state or federally authorized advocate or advocacy group representative, the program shall
search youths’ incoming and outgoing mail, including correspondence and packages, for
contraband and for any information that may threaten the security or safety of the program,
including escape plans or gang-related information. During the search of incoming or outgoing
mail, the youth receiving or sending the mail shall be present or, if the program conducts mail
searches at a central location, a youth representative shall be present to witness the process.
(e) The program shall confiscate any contraband item or material from a youth, documenting
the reason for the confiscation and the manner of disposition. The program shall include a copy of
the documentation in the youth’s individual management record. If a confiscated item is not
illegal, the program director or his or her designee has the discretion to discard the item, return it
to its original owner, mail it to the youth’s home, or return it to the youth upon his or her release
from the program. In all instances involving the confiscation of contraband that is illegal, the
program shall submit the item to local law enforcement and file a criminal report.
(11) Visitation. A residential commitment program shall provide for visitation of youth and,
at a minimum, shall address the following:
(a) Program security and the safety of youth, staff and visitors;
(b) Designated visitation schedule that is provided to each youth’s parents or legal guardian
and is readily available to other authorized visitors, as well as reasonable accommodations in
response to a parent’s or legal guardian’s request for alternate visitation arrangements;
(c) Designated visitation areas and staff supervision during visitation;
(d) Identification of authorized visitors, including the youth’s parents or legal guardian, the
youth’s spouse, the youth’s attorney of record, the youth’s JPO, clergy, and others with a
legitimate reason related to the youth’s rehabilitation and treatment. The program shall not allow
visitation by any co-defendant in the youth’s current offense, anyone prohibited by court order to
have contact with the youth, anyone the youth is unwilling to receive as a visitor, or anyone
whose presence or behavior during a prior visitation posed a safety or security threat;
(e) Verification of the identity of visitors by requiring a form of picture identification except
in the case of children or siblings of the youth who are accompanied by a parent or legal
guardian;
(f) Documentation of all visitation to include:
1. The visitor’s signature, the date, and the times of entry and exit;
2. The name of any visitor denied entry and the date, time, and reason for denial;
(g) Measures to prevent the introduction of contraband into the program to include:

Page 42 of 55

63E-7: Operation of Residential Programs
1. Written notification to visitors before their entry into the facility that their person and any
packages may be subject to search and that possession of illegal contraband could be subject to
legal action;
2. Mandatory electronic search of visitors entering high-risk and maximum-risk programs and
optional electronic search of visitors entering low-risk and moderate-risk programs;
3. Frisk search of a visitor by a staff person of the same sex when reasonable belief exists that
the visitor is attempting to introduce contraband or otherwise compromise the security of the
facility;
4. Search of packages or other items for youth conducted in the presence of the visitor;
5. Prohibition of visitors bringing their personal possessions into the facility unless the
program director or his or her designee makes an exception for a visitor needing a documented
prescription medication or an adaptive device due to a disability;
6. Consistent with subsection 63E-7.013(10), F.A.C., frisk search of a youth in a high-risk or
maximum-risk program prior to the youth’s exit from the visitation area; and
7. Search of the visitation area by staff after all visits are concluded; and
(h) Termination of the visit if the youth or visitor violates the program rules, is loud or
disorderly or visibly angry or upset, engages or attempts to engage in sexual contact or activity, is
physically aggressive, or otherwise poses an unsafe situation.
(12) Tool Management. A residential commitment program shall provide a minimum ratio of
one staff for every five youth (1:5) during activities involving the use of tools, except in the case
of a disciplinary work project involving tools that requires a 1:3 ratio. However, when a program
is designed to focus on vocational training, a provider’s contract with the department or, in the
case of a state-operated program, the department’s monitoring plan may specify other staff-toyouth ratios when youth are using tools for vocational training purposes. Each residential
commitment program shall institute a tool management system to prevent youth from using
equipment and tools as weapons or means of escape. At a minimum, tool management shall
address:
(a) Procedures for issuing tools to youth and staff, including an assessment to determine a
youth’s risk to the public, staff, other youth and self if allowed to participate in a project or
activity involving the use of tools;
(b) A frisk search and, at the program’s discretion, an electronic search of any youth at the
completion of each work project or activity that involves the use of tools;
(c) Tool markings or identifiers that facilitate issuance of tools and timely identification of
missing tools;
(d) Tool inventories as follows:
1. Tools shall be inventoried prior to being issued for work and at the conclusion of the work
activity. Staff shall report any discrepancy to the program director or his or her designee for
immediate follow-up action.
2. Any tool that, in its manufactured form or due to subsequent modifications, has sharp
edges or points and has a high potential to be used as a weapon to inflict serious bodily harm,
shall be inventoried daily, except on days when they are not used.
3. Any tool that, in its manufactured form or due to subsequent modifications, does not have
sharp edges or points shall be inventoried at least monthly.
4. If the program consistently implements a system whereby tools are securely stored in a
sealed container or closet, and if the seal has not been broken at the time an inventory is being
conducted, the sealed tools may be exempt from inventory.
(e) Prohibited tools to include machetes, bowie knives, or other long blade knives;
(f) Procedures that address missing tools;

Page 43 of 55

63E-7: Operation of Residential Programs
(g) Internal reporting of incidents involving tools and reporting to the department’s Central
Communications Center as required;
(h) Secure storage of tools when not in use;
(i) Training for staff and youth on the intended and safe use of tools;
(j) Disposal and replacement of dysfunctional tools that are in an unsafe condition or
disrepair; and
(k) Tool control and restrictions when a repairman or worker external to the program enters
the facility or facility grounds to perform a work project that requires the use of tools. These
restrictions shall limit tools to only those that are necessary, checking tools upon the worker’s
arrival to and exit from the program, restricting youths’ access to the work area, immediate
reporting of any tool the worker finds missing while on-site at the program, and follow-up action
if any tool is found missing.
(13) Kitchen Utensils. A residential commitment program shall institute a system to control
and inventory kitchen utensils used to prepare and serve food and eating utensils used by youth.
(14) Flammable, Poisonous and Toxic Items. A residential commitment program shall
maintain strict control of flammable, poisonous, and toxic items and materials. At a minimum, the
program shall:
(a) Maintain a complete inventory of all such items the program uses;
(b) Maintain a current list of facility positions, titles or functions that are authorized to handle
these items;
(c) Prohibit youths’ handling of these items and restrict their access to areas where the items
are being used;
(d) Dispose of hazardous items and toxic substances or chemicals in accordance with
Occupational Safety and Health Administration (OSHA) Standard 29 CFR 1910.1030 (amended
1-1-2004); and
(e) Maintain Material Safety Data Sheets (MSDS) on site in accordance with OSHA Standard
29 CFR 1910.1030 (amended 1-1-2004).
(15) Mechanical Restraints. When necessary and only as a last resort to maintain safety and
security, the department authorizes the use of physical intervention techniques and mechanical
restraints in residential commitment programs pursuant to Chapter 63H-1, F.A.C.
(16) Controlled Observation. A moderate-risk, high-risk, or maximum-risk residential
commitment program may use controlled observation only when necessary and as a last resort. It
is intended as an immediate, short-term, crisis management strategy for use during volatile
situations in which one or more youths’ sudden or unforeseen onset of behavior imminently and
substantially threatens the physical safety of others and compromises security. Controlled
observation is not authorized for use as punishment or discipline.
(a) The program is authorized to temporarily place a youth in a controlled observation room
only in the following situations when non-physical interventions would not be effective:
1. Emergency safety situations where there is imminent risk of the youth physically harming
himself or herself, staff, or others; or
2. When the youth is engaged in major property destruction that is likely to compromise the
security of the program or jeopardize the youth’s safety or the safety of others.
(b) A supervisor with delegated authority shall give prior authorization for each use of
controlled observation unless the delay caused by seeking prior approval would further jeopardize
the safety of others and the program’s security. In this case, as soon as the youth is placed in the
controlled observation room and order is re-established within the program, staff shall obtain
authorization for continued placement from a supervisor with delegated authority or the youth
shall be removed from the controlled observation room.

Page 44 of 55

63E-7: Operation of Residential Programs
(c) Staff shall not leave a youth alone in a controlled observation room until an inspection of
the room is conducted and it is deemed safe, secure, and in compliance with the following room
specifications:
1. Minimum of 35 unencumbered square feet;
2. Solid core hardwood or metal door with a shatter-resistant observation window that allows
for sight and sound observation;
3. Vents that are out of the reach of youth and covered with small mesh or a metal plate, with
holes no more than 3/16 inch and no exposed edges;
4. Recessed light fixtures that are covered with shatter-resistant material;
5. Windows that are shatter-resistant or, if not, covered with security-rated screens or another
material that prevents access to the glass;
6. No electrical outlets;
7. No electrical switches unless covered and secured; and
8. A security-rated, fire retardant plastic mattress suitable for use on the floor or on a suicideresistant bed.
(d) In order to determine if there are any observable injuries that would contraindicate a
youth’s placement in a controlled observation room, the program shall use the Health Status
Checklist to conduct and document a visual check of the youth upon his or her placement. The
Health Status Checklist (MHSA 008, August 2006) is incorporated into this rule and is available
electronically
at
http://www.djj.state.fl.us/forms/mental_health_substance_abuse_services_forms_index.html.
1. A healthcare professional or a staff person of the same sex as the youth shall conduct the
visual check unless a same-sex staff person is unavailable in the vicinity, in which case a staff
person of the opposite sex may conduct the visual check.
2. The visual check shall be conducted without the youth disrobing unless there is reason to
suspect an injury that is hidden by clothing, in which case, a healthcare professional or a staff
person of the same sex shall conduct the visual check.
3. If a physical injury is observed, the youth complains of injury or illness, or the youth
experienced a fall, impact, or blow such that injury could reasonably be expected, a health care
professional shall be immediately notified for timely assessment and treatment.
(e) Staff shall not place a youth in controlled observation when the youth is demonstrating
acute psychological distress behaviors, such as panic, paranoia, hallucinations, and self-harming
behaviors, or if the youth is a suicide risk, meaning a youth who demonstrates behaviors that
indicate that he or she is thinking about or contemplating suicide or when the youth is identified
as a suicide risk in the program’s alert system. Additionally, if a youth in a controlled observation
room begins demonstrating acute psychological distress or suicide risk behaviors, the youth shall
immediately be removed from the room and follow-up mental health services shall be provided.
(f) A staff person of the same sex shall frisk search the youth and remove any potentially
dangerous or injurious items before the youth is left alone in a controlled observation room. Staff
shall remove all jewelry, pocket items, hair ties, hairpins, belts, or other clothing or items that the
youth could use for self-injury or injury to others; however, the youth shall not be stripped.
(g) Staff shall discuss with the youth the reasons for his or her placement in controlled
observation and the expected behavior for removal from placement. Later, when the youth’s
behavior has de-escalated and is conducive to constructive interaction, staff shall attempt to
process with the youth what happened and explore alternative behaviors.
(h) To ensure the youth’s safety while in the controlled observation room, staff shall conduct
safety checks at least every fifteen minutes and shall observe the youth’s behavior. However,
continuous sight and sound supervision, defined as staff’s provision of continuous, uninterrupted
visual and sound monitoring of the youth, shall be provided when the youth is demonstrating

Page 45 of 55

63E-7: Operation of Residential Programs
physical behaviors that pose a high risk of self-injury. Staff shall document all safety checks and
observations on the Controlled Observation Safety Checks form.
(i) The program director or a supervisor with delegated authority shall approve a youth’s
release from controlled observation when it is determined that, based on the youth’s verbal and
physical behaviors, he or she is no longer an imminent threat of harm to self or others.
1. The time limit for placement of a youth in the controlled observation room is two hours
unless the program director or his or her designee grants an extension because release of the
youth would imminently threaten his or her safety or the safety of others. No extension shall
exceed two hours except when a youth is sleeping between the hours of 10:00 p.m. and 6:00 a.m.
when the approving authority could not reasonably determine the youth’s readiness for release.
The total placement time for a youth in controlled observation, including all extensions, shall not
exceed 24 hours.
2. When a youth is released from controlled observation, staff shall determine whether an inhouse alert is warranted and, if so, take action as required pursuant to paragraph 63E-7.013(7)(d),
F.A.C.
(j) The program director or assistant program director shall review the Controlled
Observation Report within 14 days of the youth’s release from controlled observation to
determine if the placement was warranted and handled according to the provisions of this rule
section. Any corrective actions deemed necessary to prevent potential misuse of controlled
observation shall be immediately implemented.
(k) The program shall ensure completion of the Controlled Observation Report for each use
of controlled observation, with the exception of the Extension of Controlled Observation section
when a youth’s placement is limited to the two-hour time period. Additionally, for each use of
controlled observation, the program shall ensure completion of the Health Status Checklist and
the Controlled Observation Safety Checks form. The program shall maintain these forms in an
administrative file, as well as in the youth’s individual management record.
(17) Escapes. For purposes of this rule, the definition of escape is consistent with Section
985.721, F.S.
(a) When a youth escapes from the facility or escapes from supervised activities away from
the facility or while in transit to and from such activities, the program shall report the incident by
telephone to law enforcement and the department’s Central Communications Center immediately
or within a timeframe not to exceed two hours of becoming aware of the escape. The program
shall notify the youth’s parent or guardian immediately or as soon as is practicable thereafter,
with the first attempt at notification being made within a timeframe not to exceed two hours of
becoming aware of the escape. Additionally, the program shall telefax the completed Notification
of Escape form to the following persons or entities as soon as practicable or within a timeframe
not to exceed four hours:
1. Local law enforcement agency having jurisdiction over the locale where the program is
sited;
2. The state attorney in the jurisdiction where the delinquency petition was filed;
3. The sentencing judge;
4. The department’s residential regional director or designee;
5. The youth’s JPO or his or her supervisor; and
6. Detention screening.
(b) The program shall maintain a separate log that documents each notification, including
each person contacted, the date and time of contact, and the program staff making the contact. In
addition, all pertinent information relating to the escape shall be documented in the program’s
daily logbook and the youth’s individual management record.

Page 46 of 55

63E-7: Operation of Residential Programs
(c) If law enforcement declines to accept a report alleging that a youth has committed the
felony offense of escape, the program shall notify the youth’s JPO or his or her supervisor who
will request the court of jurisdiction to issue an order to take the youth into custody.
(d) If the youth is not apprehended within 48 hours of the escape, the program shall release
the youth from the program in the department’s JJIS Bed Management System or, if the program
does not have direct access to JJIS, shall notify the department’s regional commitment manager
via telephone.
(e) As soon as possible after the program becomes aware of the youth’s apprehension, the
program shall advise all parties whom they previously notified of the escape.
(f) The program shall review circumstances pertinent to an escape within 48 hours, cooperate
with the department in any review or investigatory activities following an escape, and implement
corrective actions as needed to prevent future escapes.
(g) If a youth absconds while on temporary release status and does not return to the program
as expected, the program shall contact:
1. The youth’s family within four hours of becoming aware of the event to request their
assistance in facilitating the youth’s return to the program; and
2. The youth’s JPO or his or her supervisor to request their assistance in facilitating the
youth’s return or to expedite issuance of a pick-up order. The program shall make this contact as
soon as is practicable, but no later than the end of the same workday in which the program
becomes aware of the event if it falls within the traditional workweek or, if not, before the end of
the next traditional workday.
(18) Transportation. When transporting a youth, a residential commitment program shall
maintain custody and control while ensuring the safety of youth, staff and the community.
(a) The program shall comply with the following provisions whether or not secure
transportation is required:
1. The program shall ensure a current drivers license for any staff member operating a
program vehicle.
2. Program staff shall not transport youth in any personal vehicle unless the program director
approves such action based on extenuating circumstances wherein the life or safety of a youth is
in imminent jeopardy without taking such action.
3. The program shall provide the minimum ratio of one staff for every five youth required for
off-campus activities.
4. Youth and staff shall wear seat belts during transportation, and youth shall not be attached
to any part of the vehicle by any means other than the proper use of a seat belt.
5. The program shall issue transporters a cellular phone or radio for use in the event of
vehicle problems or other emergencies.
6. Staff shall not leave youth unsupervised in a vehicle.
7. Youth shall not be permitted to drive program or staff vehicles.
8. Staff shall lock personal and program vehicles when not in use.
(b) When transporting youth, a high-risk or maximum-risk program shall provide secure
transportation. A low-risk or moderate-risk program shall provide secure transportation for any
youth who has been assessed and determined to be a security risk or risk to self and others and
has demonstrated that he or she cannot be transported by less restrictive methods. The program
shall comply with the following when securely transporting youth:
1. The use of mechanical restraints is required and shall be provided pursuant to Chapter
63H-1, F.A.C.
2. In addition to the requirements specified in paragraph 63E-7.013(18)(a), F.A.C., the
program shall comply with the following provisions when providing secure transportation:
a. The vehicle shall have rear doors that cannot be opened from the inside.

Page 47 of 55

63E-7: Operation of Residential Programs
b. The vehicle shall be equipped with a safety screen separating the front seat or driver’s
compartment from the back seat or rear passengers’ compartment, or a staff person shall occupy
the back seat or rear passengers’ compartment with the youth.
c. The program shall provide the minimum ratio of one staff for every five youth required for
off-campus activities. However, if five or less youth are being transported, the program shall
provide a minimum of two staff, with one being the same sex as the youth being transported.
(c) The program shall ensure that any vehicle used by the program to transport youth is
properly maintained for safe operation.
1. Each vehicle being used for transport of youth shall pass an annual safety inspection.
2. The program shall maintain documentation on use of each vehicle and its maintenance.
3. Each vehicle used to transport youth shall be equipped with the appropriate number of seat
belts, a seat belt cutter, a window punch, a fire extinguisher, and an approved first aid kit.
(19) A residential commitment program shall comply with the following provisions on
youth’s eligibility and participation in off-campus activities, defined as activities conducted away
from the facility grounds:
(a) A residential commitment program shall provide supervision for youth who leave the
facility grounds for necessary activities such as health and court-related events. The program shall
determine a youth’s eligibility for participation in other off-campus activities based on the
program’s restrictiveness level, the youth’s performance and behavior in the program, and the
assessed risk for the youth to re-offend during the off-site activity.
1. A low-risk or moderate-risk program shall allow a youth to participate in necessary,
supervised off-campus activities such as health and court related activities. The program may also
allow a youth to participate in other constructive supervised off-campus activities and, with court
approval, may permit the youth to participate in specific temporary release activities, such as
community employment and, during the final 90 days of his or her residential placement, home
visits. If an extraordinary family emergency arises prior to the final 90 days of a youth’s stay, the
program director or designee may, with court approval, grant an emergency temporary release. In
such a case, the program shall, with input from the youth’s family, develop a specific itinerary
and coordinate with the youth’s JPO.
2. For most of a youth’s placement in a high-risk program, the program shall restrict a
youth’s participation in off-campus activities to necessary, supervised activities such as health
and court-related activities. However, during the final 60 days of a youth’s residential stay and
with court approval, the program may grant permission for the youth to leave facility grounds to
engage in transitional activities such as enrollment in school or a vocational program, completion
of a job interview, performance of community service, and home visits of no more than 72 hours.
Additionally, if an extraordinary family emergency arises, such as the death or impending death
of a youth’s immediate family member, prior to the final 60 days of a youth’s stay, the program
director or designee may, with court approval and concurrence of the department’s residential
regional director, grant an emergency temporary release. In such a case, the program shall, with
input from the youth’s family, develop a specific itinerary and coordinate with the youth’s JPO.
3. A maximum-risk program shall not allow a youth to participate in off-campus activities
except for necessary, supervised activities such as health and court-related events and, under
exceptional circumstances, a staff-supervised day trip to attend a family emergency event when
approved by the court and the department’s residential regional director.
(b) Prior to allowing a youth to participate in any off-campus activity that is not a supervised,
necessary event, the program shall assess the youth’s risk and determine that he or she is unlikely
to re-offend while in the community. Additionally, the program shall require the youth to
demonstrate progress and positive behavior in the program.

Page 48 of 55

63E-7: Operation of Residential Programs
(c) Except for supervised, necessary off-campus activities, the program shall plan and
structure each off-campus activity, including any home visit, for youth to accomplish specific
goals and objectives. The program shall involve the youth in the planning process.
(d) The program shall ensure a minimum ratio of one staff to every five youth during any
supervised off-campus activity. The program shall provide a more intensive staffing if the
activity or circumstances surrounding the activity dictate that closer supervision is necessary to
ensure the safety of the community, staff and youth.
(e) Pursuant to subparagraph 63E-7.012(2)(a)2., F.A.C., the program shall notify the victim
or his or her designee, unless these notification rights have been waived, when allowing a youth
committed for specified offenses to participate in a temporary release.
(f) The program shall prohibit any youth from participating in trips or functions requiring
travel out of the state of Florida unless approved in writing by the department’s residential
regional director and Assistant Secretary for Residential and Correctional Facilities. Approval
shall be granted or denied based on the youth’s eligibility to engage in off-campus activities
pursuant to paragraphs 63E-7.013(19)(a), (b), F.A.C., and the purpose, objectives, travel plans
and supervision arrangements pursuant to paragraphs 63E-7.013(19)(c), (d), F.A.C.
(20) Disaster and Continuity of Operations Planning. A residential commitment program
shall develop a disaster plan and a continuity of operations plan (COOP) that are coordinated or
one comprehensive plan that incorporates both. The plans shall provide for the continuation of
basic care and custody of youth in the event of an emergency or disaster, while ensuring safety of
staff, youth and the public. The program shall conduct practice events or drills and shall be
prepared for immediate implementation or mobilization of the plans whenever an emergency or
disaster situation necessitates.
(a) The program’s disaster plan shall:
1. Address, at a minimum, fire and fire prevention and evacuation, severe weather,
disturbances or riots, bomb threats, hostage situations, chemical spills, flooding or terrorist threats
or acts;
2. Identify and define essential or key staffs’ roles and specific responsibilities during
emergency or disaster situations;
3. Specify and plan for the provision of any equipment and supplies required to maintain the
continuous operation of services during an emergency or disaster. Equipment and supplies may
include, but are not limited to, food, medications, pharmaceutical and first aid supplies, clothing
and linens, vehicles, generators, cell phones, flashlights, batteries, fire safety equipment, and
laptop computers;
4. Identify critical information about youth that may be needed during an emergency situation
and plan for its access;
5. Address alternative housing plans;
6. Be compatible with the disaster plan and COOP for the department’s residential region;
7. Be conspicuously posted in the facility, readily available to staff members, youth, and
visitors, and disseminated to appropriate local authorities. If the plan is too voluminous to post,
the program shall post a notice that identifies the various locations within the facility where staff
can easily access the plan.
(b) The program’s COOP shall:
1. Provide for the continuity of care and custody of its youth and the protection of the public
in the event of an emergency that prevents occupancy of the program’s primary facility or
structure;
2. Be compatible with the COOP for the department’s residential region;
3. Be readily available to staff;
4. Be reviewed and updated annually;

Page 49 of 55

63E-7: Operation of Residential Programs
5. Be submitted to the department’s residential regional director, if requested; and
6. Be approved by the Division of Emergency Management, Department of Community
Affairs.
(21) Internet Access. A residential commitment program shall ensure that youth only have
access to the Internet for the purposes of obtaining educational material. While youth are on-line,
program staff shall continually monitor the computer screens to ensure that youth are accessing
only the approved material.
(a) Youth shall be prohibited from accessing material considered harmful to minors which
includes any picture, image, graphic image file, or other visual depiction that, taken as a whole
and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion.
(b) The program shall implement effective technology protection measures to limit youths’
Internet access to only the approved educational material. The program shall conduct and
document monthly checks on the protection system and, if problems are identified with the
system, shall prohibit youths’ access until repairs are completed and tested. The program shall not
allow youth access to prohibited sites that may elude the technology protection measures.
(22) Water Safety.
(a) A residential commitment program that allows youth to participate in water-related
activities shall establish a water safety plan that addresses, at a minimum, safety issues,
emergency procedures, and the rules to be followed during a water-related activity, as follows:
1. Determination of the risk level for each youth to participate in water-related activities by
identifying whether or not the youth can swim, assessing his or her swimming ability, and
considering other factors to include, at a minimum, age and maturity, special needs such as
physical and mental health issues, and physical stature and conditioning;
2. Type of water in which the activity is taking place, such as pool or open water;
3. Water conditions, such as clarity and turbulence, and bottom conditions;
4. Type of water activities such as swimming, boating, canoeing, rafting, snorkeling, scuba
diving, and shoreline and offshore activities to include fishing from a bank or pier, fishing while
wading, or picnicking close to a body of water:
5. Lifeguard-to-youth ratio and positioning of lifeguards;
6. Other staff supervision; and
7. Safety equipment needed for the activity, such as personal flotation devices when youth are
in a boat, canoe or raft and availability of a lifeline during shoreline and offshore activities.
(b) The program shall provide sufficient supervision to continuously account for youth and
ensure their safety.
1. The program shall ensure a sufficient number of lifeguards for maximum safety, and
lifeguards shall be certified consistent with American Red Cross or other nationally accepted
standards for the type of water in which the activity is taking place.
a. If the water-related activity takes place in a pool, at least one staff person certified as a
lifeguard shall be present.
b. If the water-related activity takes place in open water, at least one staff person certified in
waterfront lifeguarding shall be present.
c. Shoreline and offshore activities do not require lifeguards present; however, the program
shall provide supervision by staff trained in emergency procedures. Staffing shall be sufficient to
continually account for youths’ whereabouts and maintain safety.
d. Scuba diving activities shall be conducted by a scuba diving instructor certified by the
National Association of Underwater Instructors (NAUI) or the Professional Association of Diving
Instructors (PADI). Snorkeling or skin diving activities shall be conducted by a scuba diving
instructor or a snorkeling or skin diving instructor certified by NAUI or PADI.

Page 50 of 55

63E-7: Operation of Residential Programs
2. The program shall provide additional staff supervision to ensure youths’ safety. If the
activity is conducted away from the program or its grounds, a minimum ratio of one staff for
every five youth is required.
3. The program shall conduct methods necessary to maintain an accounting of youth,
including conducting head-counts at regular intervals.
Rulemaking Authority 985.64 FS. Law Implemented 985.601(3)(a), 985.441(1)(b), 985.03(44) FS.
History–New 4-13-08, Amended 8-25-08, 7-20-10.

63E-7.014 Staff Training.
A residential commitment program shall ensure that the provision and documentation of preservice or certification training and in-service training for direct care staff is consistent with
Chapters 63H-2 and 63H-1, F.A.C.
Specific Authority 985.64, 985.601(3)(a), 985.601(8), 20.316 FS. Law Implemented
985.601(3)(a), 985.601(8) FS. History–New 1-3-08.

63E-7.016 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.
(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, at a minimum, address the
following:
(a) The program’s delinquency intervention strategy and, if specialized services are provided,
the treatment model;
(b) Services the program provides; and
(c) The program’s service delivery system.
(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(5), 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 that specify required qualifications, job functions or duties, and
performance standards;
(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

Page 51 of 55

63E-7: Operation of Residential Programs
(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 establish a system for fiscal management and
control.
(6) 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.
(7) 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 nonprofit
contracted providers to participate in the USDA National School Lunch and Breakfast Program;
and
(d) Posting of abuse reporting phone numbers 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.
(8) 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.
(9) A residential commitment program shall update information in the department’s Juvenile
Justice Information System (JJIS) as follows:
(a) Updates to the Bed Management System to include:
1. Any youth admission, transfer, release or discharge within 24 hours of the event; and
2. Placement of any youth on inactive status within 48 hours of an escape or admission to a
juvenile detention center or jail; and
(b) Updates in the Residential Services Monitoring System (RSMS).
(10) 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.
(11) 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 the
provisions of this rule chapter and, if applicable, the terms and conditions of the provider’s
contract with the department.
(b) Pursuant to Section 985.632, F.S., the department shall conduct quality assurance reviews
of residential commitment programs. Standards and indicators used for this purpose shall be
based on provisions of this rule chapter.
(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.

Page 52 of 55

63E-7: Operation of Residential Programs
(12) 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 quarterly. 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 as deemed necessary 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.
(13) 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.
(14) 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, living unit logbooks, or both.
1. Emergency situations;
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; and
10. 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 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.

Page 53 of 55

63E-7: Operation of Residential Programs
(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 as required pursuant to subparagraphs 63E-7.016(12)(a)1.-10., F.A.C.
A program supervisor shall verbally brief incoming staff about the contents of the shift report or
incoming staff shall 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.
(15) 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:
1. An individual healthcare record that contains the youth’s medical, mental health, and
substance abuse related information; and
2. 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:
a. Legal Information;
b. Demographic and Chronological Information;
c. Correspondence;
d. Case Management and Treatment Team Activities; and
e. Miscellaneous.
(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

Page 54 of 55

63E-7: Operation of Residential Programs
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.
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.
(16) 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 parents or legal guardian.
Rulemaking Authority 985.64 FS. Law Implemented 985.601(3)(a) FS. History–New 4-13-08,
Amended 8-25-08, 12-21-09, 5-4-10, 7-20-10.

Page 55 of 55

 

Sure Shot Books

 



 

InmateMagazineService.com

 



 

Federal Prison Handbook

 



 


 

Disciplinary Self-Help Litigation Manual