Part III.
Texas Youth Commission
Chapter 81.
Interaction with the Public
37 TAC §81.36
The Texas Youth Commission (TYC) proposes new §81.36,
concerning notification to public and private schools. The new section will
establish a procedure for TYC staff to notify public and private school personnel
of the arrest, detention or referral of a TYC paroled youth and any subsequent
disposition of that arrest or detention.
Terry Graham, Assistant Deputy Executive Director for Finance, has determined
that for the first five-year period the section is in effect there will be
no fiscal implications for state or local government as a result of enforcing
or administering the section.
Mr. Graham also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be more efficient communication between the Texas Youth Commission
and the local school districts in compliance with laws amended during the
75th legislative session. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the section as proposed. No private real property rights are affected by adoption
of this rule.
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals
Coordinator, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The new section is proposed under the Human Resources Code, §61.036,
which provides the Texas Youth Commission with the authority to cooperate
with all existing agencies and encourage the establishment of programs, both
local and statewide, the object of which is services to delinquent and predelinquent
youth of this state.
The proposed rule implements the Human Resource Code, §61.034.
§81.36. Notification to Public and Private Schools.
(a)
Purpose. The purpose of this rule is to provide a procedure
for Texas Youth Commission (TYC) staff to notify public and/or private school
officials when certain action is taken against a TYC paroled youth.
(b)
The assigned TYC parole officer of a youth who transfers
from a school or is subsequently removed from a school and later returned
to a school or to a different school district shall notify the new school
officials of:
(1)
an arrest/detention/referral to juvenile court, the date
of the action, and the offense/allegation; or
(2)
an adjudication/conviction, date of the action, and
the offense for which the action was taken.
(c)
The oral and written notice must include sufficient detail
so that the official can determine whether there is reasonable belief that
the youth has engaged in conduct defined as a felony.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 26, 1998.
TRD-9801136
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 8, 1998
For further information, please call: (512) 424-6244
Subchapter A. Program Planning
37 TAC §87.3
The Texas Youth Commission (TYC) proposes an amendment to
§87.3, concerning the resocialization program. The amendment will add
specific assessment information which clarifies requirements in the TYC treatment
programs. For example, a phases checklist requirement and a monthly timeline
for measuring an individual youth's progress are added.
Terry Graham, Assistant Deputy Executive Director for Finance, has determined
that for the first five-year period the section is in effect there will be
no fiscal implications for state or local government as a result of enforcing
or administering the section.
Mr. Graham also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be TYC's ability to better evaluate a youth's progress. There
will be no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the section as proposed. No private
real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals
Coordinator, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.076,
which provides the Texas Youth Commission with the authority to require the
modes of life and conduct that seem best adapted to fit the child for return
to full liberty without danger to the public.
The proposed rule implements the Human Resource Code, §61.034.
§87.3. Resocialization Program.
(a)
Purpose. The purpose of this rule is to identify the agency's
philosophy and approach to rehabilitation of juvenile delinquents in order
to reduce future
delinquent
[
(b)
Explanation of Terms Used.
(1)
Resocialization Program - the basic program implemented
in all
Texas Youth Commission (TYC)
[
(2)
Phases
of
Resocialization - five
competency based
[
(3)
Phases Checklist - standardized list
of measurements used at every program for individual determination of phase
completion.
(c)
(No change.)
(d)
All aspects of the TYC resocialization program will be
competency based with clearly defined
performance
[
(e)
Phases of resocialization are [
(f)-(k)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 26, 1998.
TRD-9801137
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 8, 1998
For further information, please call: (512) 424-6244
37 TAC §87.51
The Texas Youth Commission (TYC) proposes an amendment to
§87.51, concerning special needs offenders. The amendment will make more
efficient use of specialized treatment resources by changing the ineligibility
status of youth who have been identified as having a need for specialized
treatment and have not completed phase three of the TYC resocialization program.
Priority placement will be given to youth who have completed phase three.
Terry Graham, Assistant Deputy Executive Director for Finance, has determined
that for the first five-year period the section is in effect there will be
no fiscal implications for state or local government as a result of enforcing
or administering the section.
Mr. Graham also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be a more efficient use of state resources and greater protection
for the public. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
No private real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals
Coordinator, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.076,
which provides the Texas Youth Commission with the authority to correct the
socially harmful tendencies of a child committed to it by requiring the child
to participate in moral, academic, vocational, physical and correctional training
activities.
The proposed rule implements the Human Resource Code, §61.034.
§87.51.Special Needs Offenders.
(a)-(e)
No change.)
(f)
Youth will be placed in a Capital Offender, Sex Offender,
and Chemical Dependency specialized treatment program as resources are available.
[
(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 26, 1998.
TRD-9801138
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 8, 1998
For further information, please call: (512) 424-6244
Subchapter C. Youth Employment and Work
37 TAC §91.61
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices
of the Texas Youth Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Youth Commission (TYC) proposes the repeal
of §91.61, concerning youth employment and work. This section is being
repealed to allow for the publication of a new section. The new section is
also aimed at providing TYC youth with opportunities for compensated and
uncompensated work experience.
Terry Graham, Assistant Executive Deputy Director of Finance, has determined
that for the first five-year period the repeal as proposed is in effect there
will be no fiscal implications for state or local government as a result
of enforcing or administering the repeal.
Mr. Graham also has determined that for each year of the first five years
the repeal is in effect the public benefit anticipated as a result of enforcing
the repeal will be increased structure within TYC programs and greater public
protection. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the repeal as proposed.
Comments on the proposal may be submitted to Gail Graham, Policy and Manuals
Coordinator, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The repeal is proposed under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to make rules
appropriate to the accomplishment of its functions.
The proposed repeal implements the Human Resource Code, §61.034.
§91.61.Youth Employment and Work.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
January 26, 1998.
TRD-9801140
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 8, 1998
For further information, please call: (512) 424-6244
Chapter 87.
Treatment
offensive
] behavior and
increase accountability of the youth and programs.
TYC
] facilities.
progressive
] phases in the resocialization
program used to determine a youth's progress in the program.
behavior
] expectations. Individual progress will be measured [
regularly
]
monthly and based upon all identified treatment needs and strengths.
generally
] progressive.
Youth will be assessed by
a treatment team
[
the primary
service worker
] at each
residential
placement for the appropriate
phase.
Parole youth will be assessed by the assigned parole officer.
Higher phases are associated with increased expectations of responsibility
and decreased need for direct staff supervision.
Subchapter B. Special Needs Offender Programs
after completion of phase three of resocialization which demonstrates
motivation and behavioral compliance as necessary for specialized treatment.
]
Priority will be given to youth who have completed Phase III.
Chapter 91.
Program Services