This rule governs how licensed substance use disorder providers under Chapter 397, F.S. must handle referrals of offenders (including juvenile offenders) from courts and criminal/juvenile justice authorities. Providers must communicate placement decisions to referral sources within 24 hours, document discharges and treatment outcomes, and participate in assessment procedures for juvenile offenders to determine the need for substance use disorder services. The rule also requires coordination with the Department of Juvenile Justice and courts to establish assessment and diversion procedures for juvenile offenders.
View official source65D-30.0048 Offender Referrals Under Chapter 397, F.S. (1) Authority to Refer. Any offender, including any minor, who is charged with or convicted of a crime, is eligible for referral to a provider. The referral may be from the court or from the criminal or juvenile justice authority which has jurisdiction over that offender, and may occur prior to, in lieu of, or in addition to, final adjudication, imposition of penalty or sentence, or other action. (2) Referral Information. Referrals shall be in writing and signed by the referral source. (3) Provider Responsibilities. (a) If the offender is not appropriate for placement by the provider, this decision must immediately be communicated to the referral source and documented in writing within 24 hours, stating reasons for refusal. (b) The provider, after consultation with the referral source, may discharge the offender to the referral source. (c) When an offender is successful or unsuccessful in completing treatment or when the commitment period expires, the provider shall communicate this to the referral source. (4) Assessment of Juvenile Offenders. (a) Each juvenile offender referred by the court and the Department of Juvenile Justice shall be assessed to determine the need for services for substance use disorders. (b) The Department, in conjunction with the court and the Department of Juvenile Justice, shall establish procedures to ensure that juvenile offenders are assessed for substance use disorders and that diversion and adjudication proceedings include conditions and sanctions to address substance use disorders. These procedures must address: 1. Responsibility of local contracted providers for assessment; 2. The role of the court in handling non-compliant juvenile offenders; and 3. Priority Services. 4. Families of the juvenile offender may be required by the court to participate in the assessment process and other services under the authority found in chapter 985, F.S. Rulemaking Authority 397.321(5) FS. Law Implemented 397.321, 397.410, 397.4014 FS. History–New 8-29-19.