37 TAC §93.33
The Texas Youth Commission (TYC) adopts on an emergency basis
an amendment to §93.33, concerning Alleged Mistreatment. Mistreatment
investigation reports are governed by Chapter 261 of the
Family Code
. The amendment to the rule will clarify the type of confidential
information that will be deleted from an alleged mistreatment investigation
report prior to providing the report to an employee against whom disciplinary
action has been taken. Certain information can be provided on written request
by the employee. Position title no longer used are also being corrected.
This amendment is adopted on an emergency basis to correct the language
indicating that specific parts of the report that will be provided, when in
fact, they are the parts that will be deleted prior to release of the report.
The legal department of the Texas Youth Commission has determined that the
emergency adoption is necessary to ensure compliance with confidentiality
laws.
The amendment is adopted on an emergency basis under the Human
Resources Code, §61.045, which provides the Texas Youth Commission authority
for the general charge and welfare for the custody and rehabilitation of the
children in a school, facility, or program, operated or funded by the Commission.
§93.33.Alleged Mistreatment.
(a)-(c)
(No change.)
(d)
Reporting and Investigation Requirements.
(1)-(9)
(No change.)
(10)
The
allegations coordinator
[
youth
rights administrator
] may aid or assume an investigation at any stage
of the investigation process. This shall include enlisting the assistance
of additional investigators when all parties are not located in the same place.
(11)
(No change.)
(e)-(f)
(No change.)
(g)
A
category
[
Category
] 1 alleged mistreatment
report is confidential and not subject to release under Chapter 552 of the
Government Code. However, in the furtherance of the administration of justice,
any evidence relied upon by a decision maker in a disciplinary action should
be disclosed to the employee who has been disciplined. Therefore, an employee
who challenges a disciplinary action of
level
[
Level
]
2 or above, which was based upon information gathered during a
category
[
Category
] 1 alleged mistreatment investigation, may make
a written request for a copy of the report. A copy of the investigator's report
with supporting documents may be released to the employee, provided the investigator's
assessment and evaluation of the evidence have been
deleted
[
redacted
].
The deleted portion of the report
[
This
]
would include, but not be limited to: findings, conclusions, recommendations
and opinions of the investigator. The report and all supporting documents
shall be edited to protect youth confidentiality.
Filed with the Office
of the Secretary of State, on April 18, 2000.
TRD-200002729
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 18, 2000
Expiration date: August 16, 2000
For further information, please call: (512) 424-6244