37 TAC §85.3
The Texas Youth Commission (TYC) proposes an amendment to §85.3,
concerning Admission Process. The amendment will change the time and days
on which the Marlin Orientation and Assessment Unit will receive youth committed
to TYC; and establish the requirement that the youths parents are notified
that chemical agents will be used as necessary to control conduct that meets
certain criteria.
Terry Graham, Assistant Deputy Executive Director for Financial Support,
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 government. 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
Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin,
Texas 78765.
The amendment is proposed under the Human Resources Code, §61.0385
concerning crisis intervention and assessment Centers which provides the Texas
Youth Commission authority to establish and operate an assessment center.
The proposed rule implements the Human Resource Code, §61.034 concerning
policies and rules which gives TYC the authority to make rules appropriate
to the proper accomplishment of its functions.
§85.3.Admission Process.
(a)
Purpose. The purpose of this rule is to establish the location
and protocol whereby youth committed to the Texas Youth Commission (TYC) are
received into the custody of the agency.
(b)
Intake activities, including receipt of the youth from
the committing county shall be performed by the TYC diagnostic intake unit,
Marlin Orientation and Assessment Unit located at Marlin, Texas.
(c)
The Marlin Orientation and Assessment Unit in Marlin, Texas
receives youth committed to TYC between 8 a.m. and
8 p.m.
[
5 p.m. on
] Monday
through Friday
[
and Tuesday unless
prior arrangements have been made, and between 8 a.m. and 8 p.m. on Wednesday,
Thursday, and Friday
].
(d)
Youth are not allowed to have personal possessions while
at the assessment unit. Personal items are inventoried and returned to the
county transporter. The transporter and youth are asked to sign an inventory/receipt
for property items returned to the transporter's care. Items a youth may be
allowed to keep are inventoried on the Personal Property and Clothing Inventory
form, CCF-510, and a copy is given to the youth.
(e)
Parents are notified:
(1)
of youth's admission;
(2)
of TYC's medical consent authority;
(3)
of procedures for mail and visits; and
(4)
that TYC will use chemical agents as necessary
to control conduct if certain behavior criteria is met.
[
(e)
Parents are notified of youth's
admission and TYC's medical consent authority and are advised of procedures
for mail and visits.]
(f)
Orientation to the admissions process and the TYC system
is provided and documented as required in (GAP) §91.15 of this title
(relating to Youth Orientation).
(g)
Routine admission procedures include, but are not limited
to the following.
(1)
Each youth and his possessions are searched.
(2)
Youth property, if any, is inventoried.
(3)
A body identification form is completed, each youth showers,
is screened for pediculosis, and receives treatment if indicated.
(4)
Initial health screening is performed for each youth.
(5)
Clothing is issued.
(6)
Personal hygiene articles are made available as needed.
(7)
Each youth may be photographed and fingerprinted. The photograph
and fingerprints are filed in the youth's masterfile.
(8)
Intake staff assigns each youth an official TYC registration
number.
(9)
Initiation of sex offender registration with the Texas
Department of Public Safety (DPS), as required by law.
(10)
A youth is required to provide a blood sample for the
DPS DNA database if the youth:
(A)
has a conviction or adjudication for murder, aggravated
assault, burglary of a habitation, or any offense for which the youth must
register as a sex offender; or
(B)
is ordered by the juvenile court to provide a sample.
(h)
In addition to assessment and placement activities, counseling,
and academic education is provided.
(i)
TYC staff transports youth to their initial placements
and notifies the families, the parole officer, committing court, prosecuting
attorney, chief probation officer, and others as needed of the placement location.
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 June 6, 2000.
TRD-200003980
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: July 23, 2000
For further information, please call: (512) 424-6244