florida department of juvenile justice policies and procedures · page 1 of 31 fdjj – 1508–03...

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Page 1 of 31 FDJJ – 1508–03 Effective Date: 6/1/01 Revised Date: 8/15/03 FLORIDA DEPARTMENT OF JUVENILE JUSTICE POLICIES AND PROCEDURES Secretary /s/ W.G. “Bill” Bankhead, Secretary Effective Date: 6/1/01 Revised Date: 8/15/03 Section: FDJJ – 1508-03 Supplements: FDJJ 8.03 The Use of Force policy will remain in effect and shall operate in conjunction with this policy through one (1) year from the revised date of this policy. Subject Protective Action Response (PAR) Policy Authority The Department of Juvenile Justice establishes this policy pursuant to Chapter 20, F.S., and Chapter 985, F.S. No. of Attachments 17 RELATED REFERENCES ATTACHMENTS: (1) PAR Escalation Matrix, (2) PAR Training Plan for Contracted Facility Staff, (3) PAR Training Plan for State-Operated/Contracted Detention Facility Staff, (4) PAR Training Plan for Program Staff, (5) PAR Performance Evaluation: Contracted Facility Staff, (6) PAR Performance Evaluation: State-Operated/Contracted Detention Facility Staff, (7) PAR Performance Evaluation: Program Staff, (8) PAR Performance Evaluation: PAR Instructors- Facility Staff, (9) PAR Performance Evaluation: PAR Instructors-Program Staff, (10) PAR Instructor Skills Evaluation, (11) PAR Report, (12) Medical Status: Contracted Facility Staff, (13) Medical Status: State-Operated/Contracted Detention Facility Staff, (14) Medical Status: Program Staff, (15) Medical Release, (16) PAR Instructor Candidate Form, (17) Mechanical Restraints Supervision Log POLICY STATEMENT This policy establishes a statewide framework for the Department of Juvenile Justice, hereinafter referred to as “Department,” to implement procedures governing the use of verbal and physical intervention techniques and mechanical restraints. In order to be effective, supervision services, custody and care services, education and life skill services, and specialized treatment and behavior management services for youth in the custody of or under the supervision of the Department must be implemented and conducted on a daily basis in a safe, stable, and orderly environment. This policy is designed to help: (1) establish and maintain safe environments for staff and youth; (2) ensure effective care, custody, and supervision of youth; (3) enhance treatment program effectiveness; (4) ensure public safety; (5) provide for order and discipline; and (6) ensure Level 2 and Level 3 Responses are used as a last resort. Therefore, Protective Action Response, as authorized by the Department, shall be the only program trained in state-operated or contracted facilities and programs. Upon certification in Protective Action Response, staff shall only use Protective Action Response. Section III. O addresses Protective Action Response in law enforcement operated facilities and programs. The provisions of this policy, including the certification requirements described in Section III. I., are applicable to all personnel in state-operated and contracted Department facilities and programs whose duties may require the use of the verbal intervention techniques, physical intervention techniques, and/or mechanical restraints listed on the Protective Action Response Matrix and addressed in the PAR training curricula while exercising direct care, custody, control, and/or supervision of youth.

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Page 1 of 31 FDJJ – 1508–03 Effective Date: 6/1/01 Revised Date: 8/15/03

FLORIDA DEPARTMENT OF JUVENILE JUSTICE POLICIES AND PROCEDURES

Secretary /s/ W.G. “Bill” Bankhead, Secretary

Effective Date:

6/1/01

Revised Date:

8/15/03

Section: FDJJ – 1508-03 Supplements: FDJJ 8.03 The Use of Force policy will remain in effect and shall operate in conjunction with this policy through one (1) year from the revised date of this policy.

Subject Protective Action Response (PAR) Policy Authority The Department of Juvenile Justice establishes this policy pursuant to Chapter 20, F.S., and Chapter 985, F.S.

No. of Attachments 17

RELATED REFERENCES

ATTACHMENTS: (1) PAR Escalation Matrix, (2) PAR Training Plan for Contracted Facility Staff, (3) PAR Training Plan for State-Operated/Contracted Detention Facility Staff, (4) PAR Training Plan for Program Staff, (5) PAR Performance Evaluation: Contracted Facility Staff, (6) PAR Performance Evaluation: State-Operated/Contracted Detention Facility Staff, (7) PAR Performance Evaluation: Program Staff, (8) PAR Performance Evaluation: PAR Instructors-Facility Staff, (9) PAR Performance Evaluation: PAR Instructors-Program Staff, (10) PAR Instructor Skills Evaluation, (11) PAR Report, (12) Medical Status: Contracted Facility Staff, (13) Medical Status: State-Operated/Contracted Detention Facility Staff, (14) Medical Status: Program Staff, (15) Medical Release, (16) PAR Instructor Candidate Form, (17) Mechanical Restraints Supervision Log

POLICY STATEMENT

This policy establishes a statewide framework for the Department of Juvenile Justice, hereinafter referred to as “Department,” to implement procedures governing the use of verbal and physical intervention techniques and mechanical restraints. In order to be effective, supervision services, custody and care services, education and life skill services, and specialized treatment and behavior management services for youth in the custody of or under the supervision of the Department must be implemented and conducted on a daily basis in a safe, stable, and orderly environment. This policy is designed to help: (1) establish and maintain safe environments for staff and youth; (2) ensure effective care, custody, and supervision of youth; (3) enhance treatment program effectiveness; (4) ensure public safety; (5) provide for order and discipline; and (6) ensure Level 2 and Level 3 Responses are used as a last resort. Therefore, Protective Action Response, as authorized by the Department, shall be the only program trained in state-operated or contracted facilities and programs. Upon certification in Protective Action Response, staff shall only use Protective Action Response. Section III. O addresses Protective Action Response in law enforcement operated facilities and programs. The provisions of this policy, including the certification requirements described in Section III. I., are applicable to all personnel in state-operated and contracted Department facilities and programs whose duties may require the use of the verbal intervention techniques, physical intervention techniques, and/or mechanical restraints listed on the Protective Action Response Matrix and addressed in the PAR training curricula while exercising direct care, custody, control, and/or supervision of youth.

FLORIDA DEPARTMENT OF JUVENILE JUSTICE SUBJECT: Protective Action Response (PAR) Policy SECTION: FDJJ – 1508–03

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Those who do not provide direct care, custody, control, and/or supervision of youth are not governed by this policy unless so required in writing by the Administrator, Regional Director, or higher authorities. These staff members typically include, but are not exclusively limited to, volunteers, maintenance staff, food service staff, education staff, and clerical staff.

I. DEFINITIONS

Active Resistance – Youth makes physically evasive movements to defeat a staff member’s attempts to control; for example, bracing, tensing, and attempting to push or pull away from staff.

Actively Engaged – This means a staff member is participating in the practical performance or application of any one of the approved physical intervention techniques or mechanical restraints.

Administrator – Wherever this word is used in this policy or its attachments, substitute the following phrase: “Residential Program Director, Superintendent, Chief Probation Officer, or equivalent.” The term, “Chief Probation Officer” may also be known as the Circuit Manager. This definition does not prohibit the Regional Director or higher authorities from being involved in any authorization/approval process.

Aggravated Resistance – Youth makes overt, hostile, attacking movements with or without a weapon with the apparent intent and apparent ability to cause death or great bodily harm to the staff member, self, or others; for example, striking with a stick, banging head against the wall, or swinging a razor blade.

CJSTC – Criminal Justice Standards and Training Commission

Combative Resistance – Youth makes overt, hostile, attacking movements that may cause injury; for example, slapping, pushing, or charging.

Control Techniques – Techniques used to control and/or move a youth from point A to point B with minimum effort by the staff member in order to gain and retain control over the youth.

Countermoves – Techniques that impede a youth’s movement toward a staff member or others; for example, blocking, distracting, evading, redirecting, or avoiding.

Designated Health Authority – This individual (or in some facilities, the corporate entity) is responsible for the provision of necessary and appropriate health care to youth in the physical custody of a secure detention center or residential/correctional facility. An individual designated health authority must be a physician (MD) or osteopathic physician (DO) who holds an active license (pursuant to Chapter 458 or Chapter 450, Florida Statutes, respectively) and who meets all requirements to practice independently in the State of Florida.

Dialogue – A two-way, controlled, non-emotional communication between the staff member and the youth aimed at problem identification and/or resolution.

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Facility - A contracted or state-operated staff-secure or physically secure environment that provides custody, care, and confinement of youth alleged or found to have committed a violation of law. This includes, but is not exclusively limited to, secure detention, secure juvenile assessment centers, consequence units, law enforcement operated facilities, and residential commitment programs.

Facility Staff - This includes state-operated and contracted Juvenile Detention Officers, Senior Juvenile Detention Officers, Juvenile Detention Officer Supervisors, Juvenile Correctional Officers, Senior Juvenile Correctional Officers, Juvenile Correctional Officer Supervisors, House Parents I and II, House Parent Supervisors, Group Treatment Leaders, Group Treatment Leader Supervisors, Unit Treatment and Rehabilitation Specialists, Unit Treatment and Rehabilitation Specialist Supervisors I, Recreation Therapy Managers, Social Service Counselors, and other direct care job positions.

Hard Mechanical Restraints – Restraint devices constructed from inflexible material; for example, metal handcuffs, leg cuffs, restraint chair, and waist chains.

Mechanical Restraints – This includes hard and soft mechanical restraints as defined in Section III. B.

Medical Release – A form signed and dated by a licensed physician that authorizes a staff member to perform the physical intervention techniques that were checked on the Medical Status form.

Medical Status – A form signed and dated by a licensed physician that identifies the physical intervention techniques listed on the applicable PAR Training Plan a staff member cannot perform and why.

Passive Resistance – The youth physically refuses to comply or respond. The youth does not attempt to physically defeat the actions of the staff member but forces staff to use physical maneuvers to establish control. For example, a youth sits on the floor and refuses to get up.

Pressure Point – A point where nerves run near a bone and can be compressed to produce immediate compliance.

Program - A contracted or state-operated non-residential environment providing supervision of youth who have been identified to receive services within the community. This includes, but is not exclusively limited to, non-secure detention, home detention, Intensive Delinquency Diversion Services (IDDS) programs, conditional release programs, screening and intake units, and day treatment programs.

Program Staff - This includes, but is not exclusively limited to, state-operated and contracted Juvenile Probation Officers, Senior Juvenile Probation Officers, and Juvenile Probation Officer Supervisors.

Protective Action Response (PAR) –The Department-approved verbal and physical intervention techniques and the application of mechanical restraints used in accordance with this policy, the Protective Action Response Escalation Matrix, and PAR training curricula.

Protective Action Response Certification – This applies to staff who have successfully completed PAR training as described in Section III. I. Only staff who are PAR certified are authorized to use PAR. See Section III. N. for language regarding the certification of existing staff.

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Protective Action Response Escalation Matrix – This document provides guidance as to the appropriate use of verbal and physical intervention techniques and mechanical restraints based upon the youth’s level of resistance.

Protective Action Response Performance Evaluation – This document is used to measure a staff member’s or PAR Instructor’s ability to perform verbal and physical intervention techniques and apply mechanical restraints, in accordance with the applicable PAR Training Plan and this policy.

Protective Action Response Training Plan – This identifies the specific techniques that program and facility staff shall be trained to use. The identified techniques are the only techniques staff are authorized to use.

Soft Mechanical Restraints – Restraint devices that are made with flexible materials; for example, Velcro, nylon flex cuffs (also known as zip cuffs), and leather.

Takedowns – Techniques that redirect a youth to the ground in a controlled manner in order to limit the youth’s physical resistance and to facilitate the application of a restraint device, if needed.

Touch – Staff uses a familiar touch when directing, or a custodial touch prior to escalating to a higher level of force.

Verbal Directions – Staff tells or commands a youth to engage in, or refrain from, a specific action or non-action.

Verbal Resistance – Youth verbally refuses to comply with staff member’s verbal attempts to control the situation. Youth may threaten staff with further resistance.

II. RESPONSIBILITY AND DUTIES

A. Administrator

1. Responsible for ensuring compliance with all PAR training standards as well as the following training–related activities:

a. Ensuring that appropriate staff receive the applicable Department-authorized PAR training;

b. Identifying staff to become certified as PAR Instructors; and

c. Ensuring that staff who are in trainee status or on probation are terminated from the position if they do not meet the PAR training standards. The person charged with the responsibility for daily management and operation is accountable for compliance with the provisions of this policy. Deviation from these provisions will be allowed only upon authorization of the Secretary of the Department of Juvenile Justice or designee.

2. Responsible for ensuring the development, implementation, periodic review, and revision of operating procedures consistent with the provisions of this policy. Documentation of annual review is mandatory. The Regional Director or designee shall approve all changes or modifications.

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3. Responsible for ensuring that incidents requiring the use of physical intervention techniques and/or mechanical restraints are documented, reviewed, and reported as specified in Section III. E. of this policy.

B. Facility and Program Staff and Master PAR Instructors

1. Contracted and state-operated facility staff are authorized to use PAR to the degree reasonably necessary to prevent self- injury by the youth, injury to staff and othe rs, damage to property, escapes (includes stopping escapes), serious disruption, or resistance to a reasonable command or directive. See Section III. J. for a description of authorized techniques for contracted and state-operated facility staff.

2. Program staff are only authorized to use PAR to the degree reasonably necessary to prevent self-injury by the youth and to prevent injury to staff and others. Program staff responses to incidents involving damage to property, escapes, serious disruption, or resistance to a reasonable command or directive as referenced in paragraph 1 above shall be in compliance with the PAR training for program staff. See Section III. J. for a description of authorized techniques for program staff.

3. The use of physical intervention techniques or mechanical restraints shall not be used as punishment. Inappropriate use of PAR physical intervention techniques, mechanical restraints, and procedures may result in staff being held administratively, civilly, or criminally accountable.

4. Except as provided in Sections III. N. and III. O., a staff member who is not certified in PAR or who has not attended PAR training is not authorized to use PAR or any other method of physical intervention during an incident unless great bodily harm is imminent. Even in these rare instances, these staff shall make reasonable efforts to contact PAR certified staff before initiating any physical intervention, and the intervention shall only be for that period of time necessary to control the situation until a PAR certified staff member can intervene. If non-PAR certified staff have been PAR trained but not PAR certified, they shall only use those techniques authorized by this PAR Policy. Completion of the PAR Report pursuant to Section III. E. is required.

5. Master PAR Instructors, as selected by the Assistant Secretaries and Staff Development, shall have the authority, upon approval by Staff Development, to conduct PAR Train-the-Trainer courses and PAR Instructor renewal courses. Additionally, they shall attend “Master Instructor Re-Certification” meetings and, as needed, serve in an advisory capacity to Staff Development for policy, curricula, and test item revisions.

III. STANDARDS/PROCEDURES

A. Protective Action Response (PAR) Escalation Matrix

PAR Certified Facility and Program Staff

1. LEVEL 1 RESPONSE - This level of staff response consists of verbal intervention techniques and shall be utilized in response to all levels of resistance by the youth. When practical, verbal attempts to rectify the

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situation should first be attempted. Verbal intervention techniques are the preferred responses.

2. LEVEL 2 RESPONSE - In this level of response, verbal attempts to diffuse a youth or situation have been exhausted, and the youth has initiated passive, active, combative, or aggravated resistance. This section and Section II. B. address duties and responsibilities when using physical intervention techniques. Physical intervention techniques may encompass the use of touch, countermoves, control techniques, takedowns, or pressure points. The use of physical intervention techniques shall comply with this policy and the Department’s PAR training curricula. See Section III. J. for a description of authorized physical intervention techniques for facility and program staff.

PAR Certified Facility Staff 1. LEVEL 3 RESPONSE - This level of response is the use of mechanical

restraints. The use of mechanical restraints is authorized in situations where a youth has initiated active, combative, or aggravated resistance; and in situations where a youth poses a physical threat to self, staff, or others. See Section II. B. and Sections III. A., B., C., and D. for an explanation of duties and responsibilities when using mechanical restraints. The use of mechanical restraints shall comply with this policy and the Department’s PAR training curriculum. See Section III. J. for a description of authorized mechanical restraint techniques for facility staff. Program staff are not authorized to use mechanical restraints.

PAR Certified Facility and Program Staff

1. Except as provided in Section III. C. 3. and 4., Level 2 and Level 3 Responses shall be commensurate with the youth’s level of resistance according to the PAR Escalation Matrix and this policy. Additionally, they shall only be used when reasonably necessary to control youth and only after all reasonable alternatives have been exhausted, including verbal persuasion, warnings, and verbal intervention techniques; or when the alternatives are considered inappropriate due to the rapid escalation of dangerous behavior.

2. When practical, prior authorization for the use of physical intervention techniques and mechanical restraints shall be obtained from the supervisor or acting supervisor. In an emergency or urgent situation where it is not possible or practical to seek authorization, PAR certified staff are authorized to use appropriate physical intervention techniques and mechanical restraints. However, PAR certified staff shall immediately report their actions to their supervisor or acting supervisor and shall document their actions in accordance with Section III. E.

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3. In the event a youth is armed with a weapon and there is imminent danger of bodily harm or death, facility and program staff shall immediately request emergency assistance from local law enforcement, and if possible, isolate or contain the youth.

4. If a youth is in the process of inflicting grave bodily harm, or possible death, upon others or self, facility and program staff shall immediately contact law enforcement. Staff are authorized to use reasonable and necessary means to stabilize the situation.

B. Authorized Mechanical Restraints

The Department authorizes the use of only those mechanical restraints addressed in this section. All mechanical restraints shall be designed and manufactured for the specific purpose of secure transport or restraint.

PAR Certified Facility Staff 1. HANDCUFFS

The availability and versatility of handcuffs make their use practical in most restraint situations. Handcuffs are light, flexible, and easy to apply. Standard handcuffs, used by most law enforcement agencies, are approved for use.

2. RESTRAINT BELT

A restraint belt may be used with handcuffs when added security is needed. The restraint belt is a leather or nylon belt that is secured behind the back of the youth with an independent lock, buckle, or Velcro fastener. The belt is fashioned so that handcuffs secured to the front of the belt provide an alternative to restraining a youth’s hands in the behind-the-back position. See Section III.I. for training requirements.

3. LEG CUFFS

Leg cuffs are similar to handcuffs, but usually have a 15-inch chain separating the cuffs. Leg cuffs are typically used in conjunction with handcuffs to restrict the movement of the feet and legs.

4. RESTRAINT CHAIR

The restraint chair is a security restraining device that utilizes a combination of handcuffs, Velcro restraints, leg cuffs, and restraint straps, in a specially designed contoured chair, to provide effective containment of a youth exhibiting violent and/or uncontrollable behavior. When applied, it shall provide minimal potential for injury to the youth. Design of the restraint chair shall comply with this policy and the PAR training curriculum. See Section III. I. for training requirements.

FLORIDA DEPARTMENT OF JUVENILE JUSTICE SUBJECT: Protective Action Response (PAR) Policy SECTION: FDJJ – 1508–03

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5. SOFT RESTRAINTS

Soft restraints, such as nylon flex cuffs (also known as zip cuffs), or Velcro or leather devices, are authorized for use as an alternative to hard restraints. See Section III. I. for training requirements.

6. WAIST CHAINS

Waist chains are designed to limit arm movement and keep hands visible at all times by securing them at the youth’s waist. Waist chains are typically used only for transportation. There are two basic types: a nickel plated chain, usually 60 inches long with a sturdy cuff clip to permit quick attachment of handcuffs; or a similar chain with handcuffs permanently attached. See Section III. I. for training requirements on Waist Chains and the drop chain used to connect the youth’s legs and hands together as referenced in Section III. C. 7.

C. Authorized Use of Mechanical Restraints

PAR Certified Facility Staff 1. Facility operating procedures shall identify the types of authorized

mechanical restraints to be used within the facility.

2. The use of mechanical restraints, and the circumstances surrounding their use, shall be carefully reviewed and regularly monitored to ensure compliance with this policy, facility operating procedures, and the PAR curriculum.

3. Mechanical restraints are authorized for use during the movement of youth outside of any secure area of operations.

4. All facilities, except low and moderate risk facilities, shall use mechanical restraints to transport youth. Leg cuffs and front handcuffing shall be used to transport. Rear handcuffing may be used with leg cuffs only if authorized by the Superintendent or Residential Program Director. Low and moderate risk facilities shall use mechanical restraints to transport youth when a risk assessment as described in their facility operating procedures determines mechanical restraints are required.

5. At no time is a restrained youth to be secured to an object.

6. No more than two youth may be chained or handcuffed together.

7. Securing a youth’s legs and hands together either in the front or behind the youth’s back is prohibited. The only exception to this rule is as follows: A youth’s legs and hands may be secured together in the front with the use of waist chains or a restraint belt, in which case the length of the chain securing the youth’s legs and hands together shall not prohibit the youth from standing in a full upright position.

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8. If handcuffs are used on pregnant youth, they shall be cuffed in front. Leg cuffs, waist chains, the restraint belt, and the restraint chair shall not be used on pregnant youth.

9. There are two authorized methods to use when handcuffing a youth: arms in front of the youth, and arms behind the youth’s back. The Residential Program Director or Superintendent must authorize handcuffing the youth’s arms behind the back.

10. Except as provided in Section III. C. 4. and 8., all violent and escape risk youth shall be handcuffed with their hands in front with the use of a restraint belt or waist chains; or the hands shall be cuffed behind the back, provided authorization has been obtained as referenced in paragraph 9.

11. After being applied to the youth, handcuffs and leg cuffs shall be double locked.

12. The restraint chair shall only be used to prevent a youth from injuring himself/herself or others, or when a youth displays extremely aggressive behavior.

13. Requirements for the restraint chair are listed below.

a. Before placing the youth in the restraint chair, approval shall be obtained from the Superintendent, Residential Program Director, or designee.

b. When occupied, the restraint chair shall be placed in an area with minimum visibility by other youth.

D. Supervision of Youth in Mechanical Restraints

Youth secured in mechanical restraints as a result of a Level 3 response shall be supervised in accordance with this section.

PAR Certified Facility Staff 1. At no time will a youth be left without constant, full, and direct visual

supervision by staff. This means the staff member must continually observe the youth, be able to see the youth from head to toe with no obstacles blocking the staff member’s view, and observe the youth without use of equipment such as closed circuit television. The youth shall not be placed in an upper bunk or in any position that does not permit constant, full, and direct visual supervision. Youth shall not be stripped of their clothing.

2. Staff responsib le for providing constant, full, and direct visual supervision shall have physical possession of the key for unlocking the mechanical restraints.

3. While a youth is placed in mechanical restraints, staff shall:

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a. Continually monitor the youth’s level of resistance, aggressiveness, and willingness to comply with instructions to determine whether removal of restraints is safe and advisable, and

b. Employ verbal intervention techniques designed to de-escalate the need for mechanical restraints.

4. Beginning with the time the youth is placed in mechanical restraints, a breathing and circulation check shall be conducted at ten-minute intervals. These ten-minute checks shall be documented on the Mechanical Restraints Supervision Log. When using the restraint cha ir, the youth shall be checked as specified above unless the manufacturer of the restraint chair recommends checking the youth more frequently.

5. If a restrained youth continues to exhibit negative, hostile, and/or aggressive behavior so that removal of mechanical restraints is unsafe, the supervisor or acting supervisor shall interview the youth and decide if it is safe to remove the mechanical restraints. This interview shall occur no more than 30 minutes after the youth is placed in restraints. If it is decided that it is unsafe to remove the restraints, the supervisor or acting supervisor shall document the decision on the Mechanical Restraints Supervision Log. If authorization is obtained from the Superintendent, Residential Program Director, or designee to continue the use of restraints, another interview shall occur no more than one (1) hour after the previous interview. Each time the decision is made that it is unsafe to remove the restraints, the decision shall be documented as described above.

6. Authorization Requirements

a. A youth may remain in mechanical restraints up to 60 minutes with the supervisor’s or acting supervisor’s authorization.

b. In order to keep the youth in mechanical restraints for 60 to 120 minutes, the supervisor or acting supervisor shall obtain authorization from the Superintendent, Residential Program Director, or designee. This authorization shall be obtained within the first 60 minutes that the youth is in restraints. This authorization shall be documented on the Mechanical Restraints Supervision Log.

c. In order to keep the youth in mechanical restraints for 120 to 180 minutes, the supervisor or acting supervisor shall obtain authorization from the Superintendent, Residential Program Director, or designee who shall first consult with a licensed medical and/or mental health professional before authorizing additional time. This authorization shall be obtained within the 60 to 120 minute timeframe. This consultation and authorization shall be documented on the Mechanical Restraints Supervision Log by specifying the name of the professional who was consulted, the time contacted, and the amount of time authorized.

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d. In order to keep the youth in mechanical restraints beyond 180 minutes, the same procedures apply as described in paragraph c. above for each subsequent 60-minute timeframe. However, authorization from the Superintendent, Residential Program Director, or designee shall be obtained within the 120 to 180 minute timeframe.

7. If at any point during the restraint it is determined that transportation to an appropriate treatment center is necessary, the supervisor or acting supervisor shall request verbal authorization from the Superintendent, Residential Program Director, or designee to initiate procedures to transport the youth. This verbal authorization and the time the authorization was received shall be documented on the Mechanical Restraints Supervision Log. The licensed medical or mental health professional may come to the facility or the youth may be transported to an appropriate treatment center.

8. If a youth is being transported to a mental health facility, the facility shall be telephoned in advance that the youth is being transported.

E. PAR Report

PAR Certified Facility and Program Staff

1. A PAR Report is not required for verbal intervention techniques, touch techniques, or when mechanical restraints are used as described in Section III. C. 3. and 4.

2. A PAR Report shall be completed after an incident involving the use of countermoves, control techniques, takedowns, pressure points, or application of mechanical restraints.

3. The facility or program staff members who were engaged with the youth shall complete the PAR Report and shall complete it no later than the end of the staff members’ workday.

4. When mechanical restraints are used, the Mechanical Restraints Supervision Log shall be attached. This log shall specify the times the youth is placed in and taken out of the mechanical restraints. Additionally, it shall identify the name and title of other staff members who applied and removed the mechanical restraints, if applicable.

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F. Review of the PAR Report

When a PAR Report is completed as required in Section III. E. 2., it shall be reviewed and processed within 72 hours by all required parties in accordance with the procedures described below. The 72-hour timeframe excludes weekends and holidays.

Lead Staff Member and Other Staff Engaged With Youth

1. The staff member initiating the physical intervention or application of mechanical restraints (Lead Staff Member) shall be responsible for fully completing the PAR Report. Other staff members who are engaged with the youth as listed in Section Two of the PAR Report shall each be responsible for submitting a supplemental statement that gives a complete explanation of the nature of the action and the specific techniques used. Only the Lead Staff Member is responsible for fully completing the PAR Report.

Supervisor or Acting Supervisor 1. After the Lead Staff Member and other staff members have completed their

respective portions of the PAR Report, the supervisor or acting supervisor who was on duty when the incident occurred shall first review the PAR Report and shall sign and date it.

Juvenile Probation Officers (JPOs), Senior JPOs, or JPO Supervisors and Comparable Contracted Positions

1. When Juvenile Probation Officers (JPOs), Senior JPOs, or JPO Supervisors (and comparable contracted staff who act in the same capacity as state JPOs, Senior JPOs, and JPO Supervisors) complete a PAR Report, the Post-PAR Interview and Medical Review as described below are not required. However, if the staff member believes the youth or other involved parties may be injured after an incident, the staff member shall contact appropriate emergency personnel (such as an ambulance, law enforcement, and/or security personnel) and his or her supervisor or acting supervisor immediately. The staff member shall report that an incident has occurred and that injuries may exist. It shall be the responsibility of law enforcement or appropriate security personnel to ensure the youth and other involved parties receive appropriate medical attention.

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Designated Health Authority or Designee, and PAR Instructor or PAR Certified Supervisory Staff Person

1. After the supervisor or acting supervisor has processed the PAR Report, the Designated Health Authority or designee and a PAR Instructor or PAR certified supervisory staff person shall both review the report. The determination of which party will review the PAR Report first shall be at the discretion of the Administrator.

2. The following procedures apply to the Designated Health Authority or designee:

a. POST-PAR INTERVIEW. The Designated Health Authority or designee (for example, a registered nurse or licensed practical nurse) shall interview the youth. The purpose of the interview is to determine whether obvious injuries occurred, if the youth complains of pain, and if the youth exhibits signs or symptoms that, to a layperson, indicate a PAR Medical Review is necessary. The findings of the interview shall be placed in the youth’s individual healthcare record in the chronological progress notes in reverse chronological order (that is, most recent document/note on top). The document shall labeled, “Post-PAR Interview and shall be dated, timed, and signed by the individual conducting the interview. If a licensed healthcare professional conducts the interview, the documentation shall conform to professional standards. The individual conducting the interview shall also sign and date the PAR Report.

b. PAR MEDICAL REVIEW.

(1) If the Post-PAR Interview indicates the need for a PAR Medical Review, the youth shall be referred to an authorized individual.

(2) The purpose of the medical review is to determine, from a medical perspective, if: (a) injuries or complications occurred as a result of the physical intervention or application of mechanical restraints and (b) the youth requires medical treatment.

(3) Descriptions of injuries or complications and medical treatment provided shall be filed in the youth’s individual healthcare record in the chronological progress notes in reverse chronological order (that is, most recent document/note on top).

(4) If an on-site review is conducted, the documentation shall be labeled, “PAR Medical Review,” and it shall conform to professional standards. If an off-site review is conducted, the youth’s individual healthcare record and medication administration record shall also accompany the youth to the review. Prior to

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placing the documentation in the individual healthcare record, the top of each page returned by the reviewer shall be dated and labeled with, “PAR Medical Review.”

c. TIMEFRAME. The Post-PAR Interview and PAR Medical Review shall occur after the supervisor or acting supervisor has reviewed the PAR Report and prior to the PAR Report being submitted to the Administrator or designee.

3. The following procedures apply to the PAR Instructor or PAR certified supervisory staff person:

a. A PAR Instructor or PAR certified supervisory staff person shall review, sign, and date the PAR Report. This individual may be the supervisor or acting supervisor who was on duty at the time the incident occurred. In this case, this individual shall complete Sections 4(b) and 4(c) of the PAR Report.

b. The purpose of this review is to determine if the use of the physical intervention techniques and/or mechanical restraints was in compliance with this policy and the PAR curriculum for facility or program staff, whichever curriculum is applicable.

Administrator or Designee 1. Finally, the Administrator or designee shall review the PAR Report,

including any comments that have been made, to determine what action may be necessary. He or she shall sign and date the PAR Report and make comments, if appropriate. If this individual is PAR certified, he or she may determine if the use of the physical intervention techniques and/or mechanical restraints was in compliance with this policy and the PAR curriculum for facility or program staff, whichever curriculum is applicable, without obtaining the signature of a PAR certified individual. In this case, this individual shall complete Sections 4(c) and 4(e) of the PAR Report.

2. If there is an indication that the youth was abused, the incident shall be reported immediately to the Florida Abuse Hotline and then to the Inspector General’s Hotline in accordance with the Statewide Procedure for Reporting Incidents.

Administrator 1. The Administrator shall initiate immediate corrective action, including

disciplinary action if appropriate, for the following reasons:

a. If the use of physical intervention techniques or mechanical restraints (a) was not in compliance with this policy, (b) was not in compliance with the PAR curriculum for facility or program staff, whichever is applicable, or (c) caused injuries or complications that were medically contraindicated; or

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b. If proper medical treatment was not provided; or

c. For any other reason deemed appropriate.

G. Records

Administrator 1. CENTRALIZED FILE. The Administrator shall establish and maintain a

centralized file, which shall include:

a. PAR Reports, attachments to the PAR Report, and

b. Any other incident reports or investigative reports related to the application of physical intervention techniques and/or mechanical restraints.

Facilities and Programs 1. PAR REPORT. The following provisions apply to PAR Reports.

a. A copy of the PAR Report shall be placed in the centralized file within 48 hours of being signed by the Administrator.

b. PAR Reports shall not be sent to the Inspector General’s Office, unless requested.

c. A monthly summary of all PAR Reports shall be submitted to the Regional Director or designee by the fifteenth of the following month. This summary does not include those PAR Reports required only by facility/program operating procedures, unless the Regional Director requests that this data be submitted as a separate line item. The summary shall include the name of the facility, program, or circuit; the number of PAR Reports completed for that month; and the number of PAR Reports where the use of physical intervention techniques and/or mechanical restraints was not in compliance with this policy and the PAR curriculum for facility or program staff, whichever curriculum is applicable.

2. IN-SERVICE TRAINING. Upon successful completion of the in-service training described in Sections III. I. and III. O., documentation shall be placed in the staff member’s training file. If the staff member is unable to successfully complete the training, the training file shall document such, and the staff member’s supervisor and administrator shall be notified.

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H. Medical Status and Medical Release Forms

Facility and Program Staff 1. MEDICAL STATUS. The following provisions apply to the Medical

Status form.

a. If a staff member believes a medical condition exists that will prohibit performance of one or more physical intervention techniques, the staff member shall submit the Medical Status form attached to this policy to his or her licensed physician for completion. The physician shall specify the date by which he or she anticipates tha t the staff member will be able to perform the techniques or shall specify that the staff member is permanently unable to perform the techniques.

b. The staff member’s physician shall be provided with a description or a video of the techniques. For contracted facility staff members, except contracted Detention facility staff, the PAR Training Plan for Contracted Facility Staff shall also be provided.

c. Upon completion by the physician, the staff member shall submit the Medical Status form in accordance with facility/program operating procedures. The Administrator shall review the form on a case-by-case basis. The Administrator shall have the authority to take necessary and appropriate personnel action based upon his or her review of the form or if the Medical Status form is not submitted within a reasonable amount of time.

d. It shall be the Administrator’s discretion as to whether the staff member is eligible to attend a PAR training course or sit for the PAR written examination. However, the staff member shall not practice or be evaluated on the physical intervention techniques until a Medical Release form is obtained. If the staff member is registered for a PAR training course, the sending facility/program shall notify the PAR Instructor that the staff member is on Medical Status.

2. MEDICAL RELEASE. Upon expiration of the date specified on the Medical Status form or when a staff member is able to perform the specified physical intervention techniques, whichever is earlier, the staff member shall submit the Medical Release form attached to this policy to his or her licensed physician for completion. Upon completion by the physician, the staff member shall submit the Medical Release form in accordance with facility/program operating procedures. The Administrator shall have the authority to take necessary and appropriate personnel action if the Medical Release form is not submitted within a reasonable amount of time. If a sending facility/program has a staff member who previously attended a PAR training course and who was on Medical Status, the facility/program shall notify the PAR Instructor that the staff member has

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been issued a Medical Release and is eligible to practice and be evaluated on the physical intervention techniques.

3. CONFIDENTIALITY. Medical Status and Medical Release forms, or copies thereof, are confidential records and shall be maintained in accordance with state Personnel rules, or if a contracted facility or program, in accordance with the organization’s applicable policy. The Medical Status and Medical Release forms shall not be submitted to the PAR Instructor.

I. Training Requirements

Facilities and Programs 1. PAR CERTIFICATION. Facility and program staff in state-operated and

contracted facilities and programs shall be PAR certified by successfully completing the PAR training designed for facility or program staff, whichever is applicable. Successful completion is defined in a., b., and c. below:

a. Ninety percent (90%) attendance of and participation in the training hours specified in the PAR curriculum for facility or program staff, whichever is applicable. Staff shall participate in the performance of all physical intervention techniques and mechanical restraints being taught during the training session.

b. A passing score on the PAR written examination.

c. One-hundred percent (100%) satisfactory performance of the techniques specified on the applicable PAR Training Plan using the PAR Performance Evaluation form as referenced in Section III. K.

2. The timeframes for certifying facility and program staff are addressed in Section III. M. See also Section III. N. for certifying existing staff.

Facility and Program Staff 1. RETURNING STAFF. State-operated and contracted facility and program

staff who terminate their employment with the Department or contracted facility or program and who become re-employed shall reinstate their PAR certification by successfully completing PAR training for facility or program staff, whichever is applicable. This paragraph is applicable only if the staff member has failed to timely and successfully complete the in-service training requirement addressed in this section prior to terminating employment.

2. CROSS-OVER TRAINING.

a. A PAR certified facility staff member who is transferring to a program staff position, or vice versa, shall successfully complete, as defined at the beginning of this section, all non-duplicative objectives in the curriculum for facility or program staff, whichever is applicable. Staff

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Development and Training shall determine the training and testing required for each situation.

Facility Staff b. When a state-operated or contracted facility hires a PAR certified

facility staff member who was trained under a different PAR Training Plan, a PAR Instructor shall train and evaluate, at a minimum, the staff member’s performance on those techniques that the staff member has not been trained to perform. The staff member is not required to re-take the written PAR examination. The PAR Instructor shall use the PAR Performance Evaluation for facility staff. If the staff member is unable to perform the new techniques, even after reasonable remediation, the staff member is no longer PAR certified.

Facility and Program Staff 1. DOCUMENTATION FOR WRITTEN EXAM. When a PAR Performance

Evaluation is completed for PAR certification or PAR Instructor certification, a copy shall be provided to the Staff Development and Training exam administrator at the written examination site. For PAR Train-the-Trainer courses, a copy of the PAR Instructor Skills Evaluation form shall also be provided to the exam administrator.

a. If the PAR Performance Evaluation or PAR Instructor Skills Evaluation form cannot be completed prior to the written examination, it shall be submitted to Staff Development and Training as soon as possible after completion.

b. The PAR Performance Evaluation shall be submitted for everyone regardless of whether they passed or failed the evaluation or have a Medical Status form.

c. No other documentation shall be provided to Staff Development and Training, unless requested.

2. IN-SERVICE TRAINING. Each calendar year, following the year a staff member is PAR certified, all state-operated and contracted facility and program staff shall successfully complete in-service training.

a. The title for this training shall include the words, “PAR Update.”

b. Program staff shall complete a minimum of four (4) hours. Facility staff shall complete a minimum of eight (8) hours.

c. The in-service training shall include, at a minimum, the items listed below.

(1) A review of this policy, including revisions, and other facility or program PAR administrative procedures.

(2) How and when to properly complete the PAR Report.

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(3) Practice of all physical intervention techniques checked on the applicable PAR Training Plan and, at a minimum, practice of all mechanical restraints used by the facility.

d. If a facility or program staff member fails to successfully complete this in-service training by the end of the calendar year, the staff member shall no longer be PAR certified and shall no longer utilize any Level 2 or Level 3 responses as described on the PAR Escalation Matrix. The staff member shall re-take the initial PAR training for facility or program staff, whichever curriculum is applicable, and successfully complete it as described in this section within 60 days of the end of the calendar year.

e. Successful completion of the in-service training requires 100 percent attendance of and participation in the training program. The training hours do not have to be consecutive.

Facilities 1. SOFT RESTRAINTS, RESTRAINT CHAIR, WAIST CHAINS,

RESTRAINT BELT, & DROP CHAINS. This paragraph is applicable only to those facilities that authorize the use of the items listed in the heading of this paragraph. Facility operating procedures shall require that staff are trained by a PAR Instructor on the proper use of these items and that the steps for properly using these items be in writing. Training on the use of the items shall be in compliance with this policy, the PAR training curriculum, and the manufacturer’s design and recommendations.

PAR Instructors 1. RATIO OF PAR INSTRUCTORS TO STAFF. To ensure all staff are

properly observed, are able to receive constructive feedback, and are properly evaluated, the instructor to staff ratio, for staff who are actively engaged, shall be no more than 1:8 during the performance-based segment of a PAR training session. There is no required ratio during the non performance-based segment of a PAR training session.

J. Authorized Techniques

Contracted Facilities 1. Existing contracted facilities shall submit a new PAR Training Plan to the

Director of Staff Development and Training or designee through the Department’s Regional Director or designee within 60 calendar days of the revised date of this policy, and after this training plan is submitted, within 30 calendar days of any changes to the training plan. Newly contracted facilities, except contracted Detention facilities, shall submit their PAR Training Plan as described above no less than 30 calendar days prior to becoming operational. The PAR Training Plan for Contracted Facility Staff shall specify the following:

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a. All Stance and Body Movement techniques.

b. All Countermoves.

c. At a minimum, one (1) Touch technique.

d. At a minimum, three (3) Control techniques.

e. At a minimum, three (3) Takedown techniques.

f. Pressure Points, if applicable.

g. At a minimum, the following Mechanical Restraints: Standing Front Handcuffing and Uncuffing, one (1) rear handcuffing technique (standing or prone), and one (1) leg cuffing and uncuffing technique (kneeling position or hands on wall).

h. Searches.

Contracted Detention Facilities 1. Contracted Detention facilities shall comply with the PAR Training Plan

for State-Operated/Contracted Detention Facility Staff.

State-Operated Facility Staff, Contracted Detention Facility Staff

1. The PAR Training Plan for State-Operated/Contracted Detention Facility Staff shall specify the following:

a. All Stance and Body Movement techniques.

b. All Countermoves.

c. All Pressure Points.

d. Searches.

e. The Straight Arm Escort – Extended and Close Positions. Supportive Hold, Stage 1, shall not be trained.

f. All Control techniques, except Stages 2 and 3 of Supportive Hold Control.

g. All Takedowns, except Wrap-Around to a Single Person Takedown, Wrap-Around to a Team Takedown, and Stages 4 and 5 of Supportive Hold to a Takedown.

h. Handcuffs and Leg Cuffs.

Program Staff 1. The PAR Training Plan for Program Staff shall specify:

a. All Stance and Body Movement techniques; and

b. All Countermoves, except Ground Control.

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Facility and Program Staff 1. PAR certified facility and program staff shall only use the techniques and

mechanical restraints that are specified on the applicable PAR Training Plan.

K. PAR Performance Evaluation

PAR Instructors 1. For PAR certification, PAR Instructors shall use the applicable PAR

Performance Evaluation to evaluate a facility or program staff member’s ability to perform verbal intervention techniques and the physical intervention techniques and mechanical restraints that are specified on the PAR Training Plan.

2. For in-service training, use of the PAR Performance Evaluation is not required.

3. One PAR Performance Evaluation form shall be used for each attempt that a facility or program staff member makes to pass the performance evaluation. The term, attempt, is described below.

a. ATTEMPT 1: If a staff member fails one (1) to three (3) techniques, the PAR Instructor shall remediate and re-evaluate the staff member on the failed techniques. Upon conclusion of the staff member’s performance of the remediated techniques, this shall be the staff member’s first attempt at passing the evaluation. If the staff member fails to satisfactorily demonstrate the failed techniques after remediation, the staff member shall attend remediation on a different date for Attempt 2 and at that time shall be evaluated on the failed techniques. A staff member who fails four (4) or more techniques on Attempt 1 shall attend remediation on a different date for Attempt 2 and at that time shall be evaluated on the failed techniques.

b. ATTEMPT 2: If a staff member fails one (1) to three (3) techniques, the PAR Instructor shall remediate and re-evaluate the staff member on the failed techniques. Upon conclusion of the staff member’s performance of the remedia ted techniques, this shall be the staff member’s second attempt at passing the evaluation. If the staff member fails to satisfactorily demonstrate the failed techniques after remediation, the staff member shall attend remediation on a different date for Attempt 3 and at that time shall be evaluated on the failed techniques. A staff member who fails four (4) or more techniques on Attempt 2 shall attend remediation on a different date for Attempt 3 and at that time shall be evaluated on the failed techniques.

c. ATTEMPT 3: If a staff member fails one (1) to three (3) techniques, the PAR Instructor shall remediate and re-evaluate the staff member on the failed techniques. Upon conclusion of the staff member’s

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performance of the remediated techniques, this shall be the staff member’s third attempt at passing the evaluation. If the staff member fails to satisfactorily demonstrate the failed techniques after remediation, the staff member is considered to have failed his or her third attempt. A staff member who fails four (4) or more techniques on Attempt 3 shall not have an opportunity to receive remediation and is considered to have failed his or her third attempt. See Section III. M. for the significance of failing the performance evaluation three times.

4. PROGRAM STAFF: Except for the Standing Front Roll and Standing Rear Fall, these staff shall be evaluated, using the PAR Performance Evaluation for Program Staff, on all other physical intervention techniques that are specified on the PAR Training Plan for Program Staff. Regarding the Standing Front Roll and Standing Rear Fall, staff shall be evaluated on one or the other, as specified by the staff member.

5. STATE-OPERATED FACILITY STAFF AND CONTRACTED DETENTION FACILITY STAFF: These staff shall be evaluated, using the PAR Performance Evaluation for State-Operated/Contracted Detention Facility Staff, on various physical intervention techniques specified on the PAR Training Plan for State-Operated/Contracted Detention Facility Staff, using the following guidelines:

a. All Stance and Body Movement techniques;

b. All Countermoves, except for the Standing Front Roll and Standing Rear Fall. Staff shall only be evaluated on one of these two techniques, as specified by the staff member.

c. The Straight Arm Escort – Extended and Close Positions;

d. Three (3) Control techniques, as selected by the staff member;

e. Three (3) Takedown techniques, as selected by the staff member;

f. One Pressure Point, as selected by the staff member;

g. Three Mechanical Restraint techniques, as selected by the staff member. The techniques selected shall include front handcuffing and uncuffing, one (1) rear handcuffing and uncuffing technique (standing or prone), and one (1) leg cuffing and uncuffing technique (kneeling position or hands on wall); and

h. Searches.

6. CONTRACTED FACILITY STAFF: These staff, except contracted detention facility staff, shall be evaluated, using the PAR Performance Evaluation for Contracted Facility Staff, on various physical intervention techniques specified on the staff member’s PAR Training Plan for Contracted Facility Staff, using the following guidelines:

a. All Stance and Body Movement techniques;

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b. All Countermoves, except for the Standing Front Roll and Standing Rear Fall. Staff shall only be evaluated on one of these two techniques, as specified by the staff member.

c. One (1) Touch technique, as selected by the staff member;

d. Three (3) Control techniques, as selected by the staff member;

e. Three (3) Takedown techniques, as selected by the staff member;

f. One Pressure Point, if authorized by the PAR Training Plan. If authorized, the staff member may select the technique;

g. Three Mechanical Restraint techniques, as selected by the staff member. The techniques selected shall include one (1) front handcuffing and uncuffing technique, one (1) rear handcuffing and uncuffing technique (standing or prone), and one (1) leg cuffing and uncuffing technique (kneeling position or hands on wall); and

h. Searches.

L. PAR Instructor Requirements The goal of this section is to ensure that those who train PAR are quality instructors who will properly implement the provisions of this policy and the PAR training curricula.

PAR Instructor Candidate 1. BECOMING AN INSTRUCTOR. The criteria for becoming a PAR

Instructor are listed in a. through d. below. Items a., b., and c. shall be documented on the PAR Instructor Candidate Form, which shall be submitted to the PAR Instructor at the beginning of the PAR Train-the-Trainer course. An instructor candidate shall be allowed to attend a PAR Train-the-Trainer course only if he or she has achieved the requirements in a., b., and c.

a. One year of experience, working full time, in the juvenile justice or related field;

b. PAR certification;

c. Criminal Justice Standards & Training Commission Instructor Techniques Workshop (ITW) certified; and

d. Successful completion of the PAR Train-the-Trainer course as described in (1), (2), and (3) below.

(1) Proficient demonstration of all physical intervention techniques and mechanical restraints listed on the PAR Performance Evaluation for PAR Instructors of Program Staff or Facility Staff, whichever is applicable, as evaluated by two PAR Instructors, one of whom shall be a Master PAR Instructor. This demonstration shall also include the proficient demonstration of the ability to explain how each technique is to be performed. Instructor candidates have the option

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of selecting a minimum of one search technique for evaluation purposes.

(2) Satisfactory demonstration of presentation skills using the PAR Instructor Skills Evaluation form.

(3) A score of 85 percent or higher on the PAR written examination. The instructor candidate shall have two attempts to pass the examination.

2. One PAR Performance Evaluation for PAR Instructors form shall be used for each attempt that the instructor candidate makes to pass the performance evaluation. The instructor candidate shall have two attempts to pass the evaluation. An attempt is the completion of one PAR Performance Evaluation form.

a. If remediation is required, the Master PAR Instructor shall have the discretion to determine whether remediation will be conducted on-site or at a future date. If remediation occurs at a future date, the instructor candidate shall be evaluated, at the second attempt, on all techniques initially evaluated.

b. If the instructor candidate fails the second attempt, he or she shall not be certified as a PAR Instructor. However, this candidate is eligible to attend the PAR Train-the-Trainer course again, provided all other criteria for becoming a PAR Instructor remain current.

3. Demonstrations of the physical intervention techniques and presentation skills shall be videotaped. The videotapes shall be given to Staff Development and Training within five (5) working days after completion of the evaluations.

PAR Instructors 1. PAR INSTRUCTOR CERTIFICATION RENEWAL. All PAR Instructors

shall timely and successfully complete the requirements described below to renew their certification as a PAR Instructor. Failure to renew one’s certification will result in the loss of the PAR Instructor certification and the person must attend a PAR Train-the-Trainer course to become re-certified.

a. Beginning with the revised date of this policy, attend and participate in a 16-hour in-service training program once every two years as conducted by a Master PAR Instructor. PAR Instructors are not required to attend the annual PAR Update referenced in Section III. I., as this 16-hour training program shall substitute for the update.

b. Participate in the review of the PAR policy and demonstration of the physical intervention techniques.

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M. Certification Timeframes and Testing Requirements

State-Operated Facility and Program Staff Hired after December 31, 2001, who are on Trainee or Probationary Status

1. State-operated facility and program staff hired after December 31, 2001, and who are on trainee or probationary status shall be given three (3) attempts within the first 180 days of employment to become PAR certified.

a. Staff who do not pass the written examination or performance evaluation on the first attempt shall attend remedial training at their facility, region, or circuit prior to re-taking the test.

b. Staff who do not pass the written examination or performance evaluation on the second attempt shall attend remedial training at their facility, region, or circuit prior to re-taking the test. The second attempt of the written examination or performance evaluation shall take place no more than 45 days from notification of the first attempt.

c. The third attempt of the written examination or performance evaluation shall occur no more than 45 days from notification of the second attempt. Staff members in trainee or probationary status who do not pass on the third attempt shall be dismissed.

State-Operated Facility and Program Staff Hired After December 31, 2001, who are Permanent Career Service or Selected Except Service Employees

1. Except as otherwise provided in this paragraph, state-operated permanent career service and selected exempt service facility and program staff hired after December 31, 2001, shall be given three (3) attempts beginning June 24, 2002, through June 24, 2003, to become PAR certified. Staff in the Juvenile Detention Officer job classification shall be given three (3) attempts through one year from the revised date of this policy.

a. Staff who do not pass the written examination or performance evaluation on the first attempt are encouraged to attend remedial training prior to re-taking the test.

b. Staff who do not pass the written examination or performance evaluation on the third attempt shall be dismissed.

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State-Operated Facility and Program Staff Hired On or Before December 31, 2001, who are Permanent Career Service or Selected Exempt Service Employees

1. Except as otherwise provided in this paragraph, state-operated permanent career service and selected exempt service facility and program staff hired on or before December 31, 2001, shall be given three (3) attempts beginning June 24, 2002, through June 24, 2003, to become PAR certified. Staff in the Juvenile Detention Officer job classification shall be given three (3) attempts through one year from the revised date of this policy.

a. Staff who do not pass the written examination or performance evaluation shall attend remedial training at their facility, region, or circuit after the first and second attempts.

b. Staff who do not pass the written examination or performance evaluation on the third attempt may be subject to adverse action, up to and including dismissal in accordance with the American Federation of State, County, & Municipal Employees (AFSCME) Master Contract and the Career Service Personnel Rules.

Contracted Facility and Program Staff Hired Prior to the Revised Date of This Policy

1. Contracted facility and program staff, except contracted Detention facility staff, hired prior to the revised date of this policy shall be PAR certified within one (1) year from the revised date of this policy. It shall be at the facility’s or program’s discretion as to the number of attempts the staff member will be given to pass the written examination and performance evaluation, provided the staff member is PAR certified within the required timeframe. If the staff member is not PAR certified within the required timeframe, the staff member shall not work as direct care staff with youth.

Contracted Facility and Program Staff Hired On or After the Revised Date of This Policy

1. Contracted facility and program staff, except contracted Detention facility staff, hired on or after the revised date of this policy shall be given three (3) attempts to pass the PAR written examination and three (3) attempts to pass the PAR performance evaluation within the first 180 days of employment. Prior to the second and third attempts, staff members shall be provided remediation. Staff members who do not pass on the third attempt of either the written examination or performance evaluation shall not be PAR certified and shall not work as direct care staff with youth.

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Contracted Detention Facility Staff

1. Contracted Detention facility staff shall comply with the same requirements described in this section for state-operated staff, as applicable.

PAR Instructor Candidates, Facility Staff, Program Staff

1. If a PAR Instructor candidate or facility or program staff member fails the PAR Performance Evaluation, the PAR Instructor candidate or staff member is considered to only have failed the performance evaluation. Therefore, when remedial training is provided, the PAR Instructor candidate or staff member is only required to attend the performance-based segment of the training.

2. If a PAR Instructor candidate or facility or program staff member fails the written examination, the PAR Instructor candidate or staff member is considered to only have failed the written examination. Therefore, when remedial training is provided, the PAR Instructor candidate or staff member is only required to attend the classroom segment of the training.

N. Certifying Existing Staff

Except as otherwise provided in this paragraph, the procedures set forth in this section shall remain in effect through June 24, 2003, for state-operated facility and program staff members. These procedures shall remain in effect through one (1) year from the revised date of this policy for contracted facility and program staff members, contracted Detention facility staff members, and state-operated staff members in the Juvenile Detention Officer job classification. The procedures are applicable only to facility and program staff who are not PAR certified and who fall within one of the categories listed below. These staff shall be referred to as “existing staff” for purposes of this section only.

1. State-operated facility and program staff hired after December 31, 2001, who are permanent career service or selected exempt service employees.

2. State-operated facility and program staff hired on or before December 31, 2001, who are

permanent career service or selected exempt service employees. 3. Contracted facility and program staff hired prior to the revised date of this policy.

Administrator 1. The Administrator shall be responsible for ensuring compliance with PAR

certification requirements, including taking appropriate action if PAR certification is not timely obtained.

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Existing Facility and Program Staff

1. SUCCESSFUL COMPLETION OF PAR. Existing facility and program staff members shall successfully complete the PAR training designed for facility or program staff, whichever curriculum is applicable. Successful completion is defined as follows:

a. Ninety percent (90%) attendance of and participation in the training hours established by the PAR Instructor, using the guidelines described below under “Number of Training Hours.” Staff shall participate in the performance of all physical intervention techniques and mechanical restraints being taught during the training session.

b. A passing score on the PAR written examination; and

c. One-hundred percent (100%) satisfactory performance of the techniques specified on the applicable PAR Training Plan using the PAR Performance Evaluation form as referenced in Section III. K.

2. USE OF FORCE TO PAR TRANSITION.

a. Facility staff, who were certified under the Department’s Use of Force Policy (FDJJ 8.03), have been authorized to utilize PAR physical intervention techniques upon completion of the required PAR in-service training. In addition, authorization was given to replace Use of Force procedures with PAR procedures. These authorizations have been in effect since the introduction of PAR.

b. In order to maintain continuity and to best ensure safety and security, those staff, as referenced in paragraph a. above, will continue to operate within the PAR procedures and may continue to utilize those PAR techniques in which they have demonstrated satisfactory performance and which have been documented by a PAR Instructor on the PAR Performance Evaluation Form. Techniques that have not been satisfactorily demonstrated shall not be utilized. All staff, regardless of their Use of Force certification, must be PAR certified by the effective dates as referenced in this policy.

c. Use of Force certified staff shall continue to receive annual in-service training in PAR as required by this policy.

d. All internal inquiries and/or investigations regarding unnecessary, improper, or excessive uses of force shall reference the requirements as set forth in this policy.

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PAR Instructor 1. The PAR Instructor shall use the procedures listed below to train and

evaluate existing staff.

a. NUMBER OF TRAINING AND EVALUATION HOURS.

(1) In establishing a schedule for training facility staff, PAR Instructors shall have no less than 24 hours and no more than 40 hours to deliver the PAR training designed for facility staff. These hours include the performance evaluation and the written examination. The training and evaluation hours do not have to be consecutive.

(2) With regard to program staff, PAR Instructors shall have no less than 24 hours and no more than 32 hours to deliver the PAR training designed for program staff. These hours include the performance evaluation and the written examination. The training and evaluation hours do not have to be consecutive.

(3) In determining the appropriate number of training hours, PAR Instructors shall consider, at a minimum, the target audience’s knowledge level and the number of participants in the training. For example, staff certified in Use of Force should be more knowledgeable of PAR content than staff trained in Handle with Care and, theoretically, should need less time in training. In addition, training small groups of participants should require fewer hours than large groups.

b. CONTENT. The PAR Instructor shall ensure staff are properly prepared for the written examination and performance evaluation by using the appropriate PAR Training Plan and PAR curriculum for facility staff or program staff, whichever curriculum is applicable. The PAR Instructor shall address all objectives in the curriculum.

c. PERFORMANCE EVALUATION. It is recommended that the performance evaluation be conducted prior to the written examination. The requirements set forth in Section III. K. shall apply.

d. WRITTEN EXAMINATION. The written examination shall be administered by Staff Development and Training in accordance with the schedule that is published on the web site at www.djj.state.fl.us/agency/training. This web site shall be used to register for the examination. It is recommended that staff be registered for an examination as close to the end of the training as possible. Staff Development and Training shall score the written examination within five working days of receipt and shall notify the appropriate contact person of the staff member’s score.

e. If the PAR Performance Evaluation form is not completed prior to the written examination, the PAR Instructor shall provide a copy to Staff

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Development and Training. This shall be done as soon as possible after completion of the form.

O. Law Enforcement Operations and Partnerships

The sole purpose of this section is to address procedures specific to law enforcement operated facilities and programs and procedures specific to facilities and programs where law enforcement is a partner with the Department. This section, however, does not in any way relieve these entities from complying with other applicable provisions of this policy.

CJSTC Certified Staff 1. Certification in CJSTC Basic Law Enforcement or Basic Corrections

Minimum Standards is accepted in lieu of PAR certification. When an incident with a youth occurs, CJSTC certified staff are authorized to control the incident using the training authorized by the applicable Florida Statute. In this situation, the sheriff, chief law enforcement officer, or designee shall determine the appropriate physical intervention responses.

Non-CJSTC Certified Staff 1. Staff who are not certified in CJSTC Basic Law Enforcement or Basic

Corrections Minimum Standards shall be PAR certified in accordance with Section III. I., unless these staff members have successfully completed the defensive tactics portion of the above CJSTC training. In this case, this training in defensive tactics shall be accepted in lieu of PAR certification. Proof of successful completion of the defensive tactics training shall be maintained in the staff member’s training file.

CJSTC Certified Staff and Non-CJSTC Certified Staff

1. TRAINING REQUIREMENTS. CJSTC certified staff and non-CJSTC certified staff (who have successfully completed the CJSTC defensive tactics training) shall attend a 2.5-hour training session on the recovery discussion. This session is designed to obtain the youth’s perception of the incident, allow the youth to work through the feelings associated with the incident, and identify methods to help prevent the situation from recurring. These staff shall successfully complete this training within one year from the revised date of this policy. Documentation that the training is completed shall be placed in the staff member’s training file. Successful completion requires 100 percent attendance of the training program.

2. IN-SERVICE TRAINING. CJSTC certified staff and non-CJSTC certified staff (who have successfully completed the CJSTC defensive tactics training) shall, each calendar year, successfully complete a one-hour course designed to reinforce the objectives addressed in the training required in the paragraph above. Successful completion requir es 100 percent attendance of the training program.

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Law Enforcement Partnerships and Law Enforcement Operated Facilities and Programs

1. ALLEGATIONS OF YOUTH ABUSE. All allegations of youth abuse shall be reported immediately to the Department’s Inspector General’s Hotline in accordance with the Statewide Procedure for Reporting Incidents.

2. MECHANICAL RESTRAINTS. With regard to the use of mechanical restraints, including the restraint chair, the facility or program shall have operating procedures in place to ensure the safety and security of the staff and the youth being restrained.

3. INCIDENT REPORTING REQUIREMENTS. Section III. E. is applicable for staff who are PAR certified. CJSTC certified staff and non-CJSTC certified staff (who have successfully completed the CJSTC defensive tactics training) shall complete a use of force report approved by their agency describing the incident. A copy of the use of force report or the PAR Report (when completed by PAR certified staff) shall be forwarded, at a minimum, to the appropriate headquarters branch.

4. REVIEW OF THE PAR REPORT/USE OF FORCE REPORT. Section III. F. is applicable for staff who are PAR certified. The supervisor on duty and the Administrator shall review the completed use of force report referenced in paragraph 3. above.

5. RECORDS. Section III. G. is applicable.

6. PAR TRAINING REQUIREMENTS. Section III. I. is applicable to staff who are not CJSTC certified or who have not successfully completed the defensive tactics portion of the CJSTC training referenced above. However, PAR training is not required for those staff who work in facilities or programs where CJSTC certified staff or staff trained in the defensive tactics portion of the CJSTC training are present during operational hours to control incidents and protect other staff.

7. PAR TRAINING PLAN. Law enforcement operated facilities or programs that are required to have PAR certified staff shall submit a PAR Training Plan in accordance with Section III. J.

8. PAR CERTIFICATION TIMEFRAMES & PROCEDURES. Law enforcement operated facilities or programs that are required to have PAR certified staff must PAR certify staff within the timeframes set forth in Section III. M. for contracted staff using the procedures set forth in Section III. N.