Section 63D-13.001 - [Effective 12/22/2024] DefinitionsFor this rule chapter, the following terms are defined as follows:
(1) Abscond - As defined in section 985.03, F.S., to hide, conceal, or absent oneself from the jurisdiction of the court or supervision of the department to avoid prosecution or supervision.(2) Authority for Evaluation and Treatment (AET) - Form HS 002, that when signed by a parent or legal guardian, gives the department the authority to assume responsibility for the provision of routine mental and physical healthcare to a youth within its physical custody.(3) Case Notebook Module - A module with the Juvenile Justice Information System (JJIS) that serves as the sole source for documenting all case management and supervision activities in all state-operated and provider community supervision programs.(4) Central Communication Center (CCC) - The unit located in department headquarters that is charged with receiving reports regarding incidents and events involving youths in department custody or under supervision, and state and contracted employees from all department and provider facilities, programs funded in whole or in part, offices or sites operated by the department, a provider or grantee.(5) Chief Probation Officer (CPO) - The department employee who is responsible for managing community-based program operations, including department staff and contracted providers, within each of Florida's twenty judicial circuits.(6) Commitment Conference - A multidisciplinary staffing conducted to discuss the department's recommendation to the court for youth who may be appropriate for residential commitment. Participants may include the youth, parent(s)/guardian(s), Juvenile Probation Officer (JPO), Juvenile Probation Officer Supervisor (JPOS), Commitment Manager, school officials, service providers, Guardian ad Litem (GAL) and other parties involved in the youth's case. Required attendees are limited to department staff. All others are invited to participate and may do so in person, by telephone or by timely written submission.(7) Community Assessment Tool (CAT) - An instrument used by the JPO to determine the youth's risk to re-offend and identify criminogenic needs that require intervention. The CAT is administered in two parts:(a) A pre-screen is completed for all youth who are referred to the department;(b) A full assessment is completed for youth who have been placed under department supervision by the court and who have been identified as moderate-high or high-risk to reoffend on the pre-screen.(8) Complainant - Any person or agency having knowledge of the facts related to the allegations of the delinquency of a youth and who makes a formal complaint or delinquency referral based upon these facts.(9) Complaint - A written report alleging facts sufficient to establish the delinquency of a youth and the jurisdiction of the court.(10) Comprehensive Assessment - As defined in section 985.03, F.S., the gathering of information for the evaluation of a juvenile offender's or a child's physical, psychological, educational, career and technical education, and social condition and family environment as they relate to the child's need for rehabilitative and treatment services, including substance abuse treatment services, mental health services, developmental services, literacy services, medical services, family services, and other specialized services, as appropriate.(11) Comprehensive Evaluation - A more detailed gathering of information that builds upon the previously completed comprehensive assessment, addressing physical health, mental health, substance abuse, academic, educational, or vocational problems of a youth for whom a residential commitment disposition is anticipated, which is summarized in the youth's predisposition report.(12) Conditional Release (CR) - As defined in section 985.03, F.S., the care, treatment, help, supervision, and provision of transition-to-adulthood services provided to a juvenile released from a residential commitment program which is intended to promote rehabilitation and prevent recidivism. The purpose of conditional release is to protect the public, reduce recidivism, increase responsible productive behavior, and provide for a successful transition of the youth from the department to his or her family.(13) Criminogenic Needs - Refers to the factors or characteristics found in empirical research studies to be predictors of delinquency and recidivism.(14) Detention Screening Instrument (DSI) - The risk assessment instrument authorized by section 985.245, F.S., that is used to determine the detention care placement for youth.(15) Diligent Search - Is a thorough search made by the Juvenile Probation Officer (JPO) or Case Manager to check with the youth's parents/guardian, employer, school, family members, and others likely to have knowledge of his or her whereabouts, to document evidence supporting that the youth is hiding to avoid supervision.(16) Disposition Recommendation Matrix - A structured decision-making tool, that provides research-based guidelines to Juvenile Probation Officers for making recommendations to the court for law violations.(17) Diversion Services - Non-judicial alternatives used to keep youth who have committed a delinquent act from being handled through the traditional juvenile justice system. These services are intended to intervene at an early stage of delinquency, prevent subsequent offenses during and after participation in the programs, and provide an array of services to juveniles referred to the department.(18) Face Sheet - Youth specific demographic and referral history information that is generated by the department's Juvenile Justice Information System (JJIS).(19) Family - As defined in section 985.03, F.S., a collective of persons, consisting of a child and a parent, guardian, adult custodian, or adult relative, in which the persons reside in the same house or living unit; or the parent, guardian, adult custodian, or adult relative has a legal responsibility by blood, marriage, or court order to support or care for the child.(20) Graduated Response Matrix - A statewide plan created and administered by the department that provides a standard methodology to address technical violations of supervision and allows the department to immediately hold youth accountable for failing to comply with the technical conditions of supervision. The plan identifies noncompliance thresholds that require a response and a list of responses for the Juvenile Probation Officer (JPO) to choose from, as well as noncompliance thresholds that require the JPO to file an Affidavit/Petition for Violation of Probation (for youth on probation or PCP) or submit an administrative transfer request (for youth on CR). The plan contemplates the seriousness and frequency of noncompliance, the youth's risk to reoffend, and critical public safety concerns. The Graduated Response Matrix (DJJ/PROFRM 30 10/2024) is incorporated and is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-17358. The Graduated Response Matrix consists of two pages: (a) The first page, entitled LOW OR MODERATE RISK TO REOFFEND, applies to youth identified as low or moderate risk to reoffend by the CAT;(b) The second page, entitled MODERATE-HIGH OR HIGH RISK TO REOFFEND -OR- SPECIAL PUBLIC SAFETY RISK, applies to youth identified as moderate-high or high risk to reoffend by the CAT, as well as youth who meet the definition of Special Public Safety Risk, regardless of risk to reoffend.(21) Interstate Compact on Juveniles (ICJ) Circuit Liaison - A department employee responsible for providing technical assistance to circuit administration for incoming and outgoing transfers of inter- and intra-state compact juveniles, for the purpose of providing supervision as well as assisting the department ICJ headquarters office with extradition cases.(22) Intervention - An action taken or facilitated by the JPO to promote the reduction of a criminogenic need, and may include direct contact with youth, collateral contacts, referrals for services, monitoring progress, and following up with youth and family.(23) Juvenile Assessment Center (JAC) - Community operated facilities that provide collocated central intake and screening services for youth referred to the department.(24) Juvenile Justice Information System (JJIS) - The department's electronic information system, which is used to gather and store information on youth having contact with the department.(25) Juvenile Probation Officer (JPO) - As defined in section 985.03, F.S., the authorized agent of the department who performs the intake, case management, or supervision functions.(26) Juvenile Probation Officer Supervisor (JPOS) - An employee of the department or a contracted provider who provides first line oversight and management of the JPOs in the unit. The JPOS is responsible for overall direction and guidance of the services provided by the JPO including, but not limited to reviewing the progress of cases, documenting compliance with law and court orders, and approving YES Plans and revisions to YES Plans.(27) Massachusetts Youth Screening Instrument - Second Version (MAYSI-2) - A 52-item true-false screening instrument designed to identify signs of mental disturbance or emotional distress authorized by DJJ for use at intake into the juvenile justice system and upon admission to a residential commitment program.(28) Multidisciplinary Assessment - An information gathering exercise designed to ensure that youth being considered for commitment are placed in a delinquency program that provides an appropriate level of supervision and treatment services.(29) Parent - As defined in section 985.03, F.S., a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under s. 63.062(1). If a child has been legally adopted, the term "parent" means the adoptive mother or father of the child. The term does not include an individual whose parental relationship to the child has been legally terminated, or an alleged or prospective parent, unless the parental status falls within the terms of either s. 39.503(1) or s. 63.062(1). In Chapter 63D-13, F.A.C., the term "parent" may be used interchangeably with "parent/guardian".(30) Post Commitment Probation (PCP) - Assessment and intervention services provided to youth who are released from residential commitment programs. Under the legal status of post-commitment probation, the youth is legally transferred from commitment status to probation status and is subject to court-ordered sanctions.(31) Pre/Post-Disposition Report (PDR) - A multidisciplinary assessment that provides demographic and social history information and reports the youth's priority needs, makes recommendations, and provides a plan for treatment.(32) Prearrest Delinquency Citation - A program designed to give law enforcement an alternative to custody that provides swift and appropriate consequences to youth for certain minor misdemeanor delinquent acts. The goals of the program are to divert the youth at the time of arrest, make the youth accountable for delinquent behavior, involve the parent(s)/guardian(s) in sanctioning the youth, and prevent the youth's further involvement in the juvenile justice system. Law enforcement officers are allowed the discretion of issuing a citation rather than a formal complaint.(33) Prevention Web - The department's electronic information system, which is used to gather and store information on youth having contact with the department's prevention or prearrest delinquency citation programs.(34) Prison Rape Elimination Act (PREA) - The federal statute intended to eradicate sexual assault in correctional facilities, which is implemented by national standards at 28 C.F.R. Part 115.(35) Probation - As defined in section 985.03, F.S., the legal status of probation created by law and court order in cases involving a child who has been found to have committed a delinquent act. Probation is an individualized program in which the freedom of the child is limited, and the child is restricted to noninstitutional quarters or restricted to the child's home in lieu of commitment to the custody of the department. Youth on probation may be assessed and classified for placement in day-treatment probation programs designed for youth who represent a minimum risk to themselves and public safety and do not require placement and services in a residential setting.(36) Probation Medical and Mental Health Clearance Form - The form used to screen for mental health, substance abuse and medical problems when law enforcement delivers a youth to the department upon apprehension. The purpose of the form is to comply with statutory requirements for diverting youth to the proper community resource if they require urgent treatment or intervention upon arrest.(37) Progress Report Form - A report that advises the court of the status of a youth including legal information, summary of progress, and recommendation(s).(38) Prolific Juvenile Offender (PJO) - A child who is charged with a delinquent act that would be a felony if committed by an adult, and who meets the criteria in section 985.255, F.S., for increased supervision.(39) Relative - As defined in section 985.03, F.S., a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew, whether related by the whole or half blood, by affinity, or by adoption. The term does not include a stepparent.(40) Special Public Safety Risk - A youth on probation, CR, or PCP who meets at least one of the following criteria:(a) The youth is on probation, CR, or PCP for a firearm offense or firearm aggravated offense;(b) The youth was identified as a PJO immediately preceding the disposition to probation or residential commitment;(c) The youth is identified as a Sexually Violent Predator (SVP) by the court in accordance with sections 394.910-.917, F.S.;(d) The youth is identified as a criminal gang member by a law enforcement agency in accordance with section 874.03(3), F.S.(41) State Attorney Recommendation (SAR) - A report detailing the department's recommendation and justification as to how the state attorney should proceed with the case. The two primary options in making the recommendation to the state attorney are non-judicial handling or judicial handling.(42) Suicide Risk Screening Instrument (SRSI) - The form MHSA 002 which documents the standardized questions asked by trained designated staff at intake into the juvenile justice system and upon admission to a detention center to identify suicide risk factors and the need for referral for assessment of suicide risk.(43) Supervision Transfer Summary - A form that provides the receiving circuit of a youth's case critical information about the youth, including the youth's address, living situation, legal status, and a summary of the case(s).(44) Violation of Supervision - A noncompliant act committed by a youth that violates the conditions of the probation or post commitment probation court order.(45) Vulnerability to Victimization and Sexually Aggressive Behavior (VSAB) Screening - A screening process to assess a youth's vulnerability to victimization and sexually aggressive behavior prior to room assignment.(46) Youth - As defined in section 985.03, F.S., any person under the age of 18 or any person who is alleged to have committed a violation of law occurring prior to the time that person reached the age of 18 years. The term "youth" may be used interchangeably with "child" and "juvenile".(47) Youth Empowered Success (YES) Plan - The document developed by the youth, parent/guardians, and JPO to plan for the completion of court-ordered sanctions and address criminogenic needs.Fla. Admin. Code Ann. R. 63D-13.001
Rulemaking Authority 985.64, 985.601 FS. Law Implemented 985.03, 985.135, 985.14, 985.145, 985.245, 985.435, 985.46, 985.601 FS.
Adopted by Florida Register Volume 46, Number 078, April 21, 2020 effective 5/4/2020, Amended by Florida Register Volume 50, Number 239, December 10, 2024 effective 12/22/2024.