Part 3.
TEXAS YOUTH COMMISSION
Chapter 91.
PROGRAM SERVICES
Subchapter D. HEALTH CARE SERVICES
37 TAC §91.91
The Texas Youth Commission (TYC) adopts an amendment to §91.91,
concerning Psychopharmacotherapy, without changes to the proposed text as
published in the April 20, 2001 issue of the
Texas
Register
(26 TexReg 2948).
The justification for amending the rule ensures appropriate psychiatric
intervention will be used in the administering of psychotropic medications.
The amendment will comply with state regulations in the use of standing
orders for psychotropic drugs and standing orders will not be utilized for
psychotropic drugs, except where psychiatric mid-level practitioners are used
to provide services under a supervising psychiatrist.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.076,
which provides the Texas Youth Commission with the authority to provide any
medical of psychiatric treatment that is necessary.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 5, 2001.
TRD-200103147
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 31, 2001
Proposal publication date: April 20, 2001
For further information, please call: (512) 424-6301
37 TAC §93.53
The Texas Youth Commission (TYC) adopts an amendment to §93.53,
concerning Appeal to Executive Director, without changes to the proposed text
as published in the April 20, 2001, issue of the
Texas Register
(26 TexReg 2950).
The justification for amending the section is to enhance due process for
youth.
The amendment will increase the matters by which a youth may file an appeal
to the executive director.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to operate programs
that take into consideration the welfare, and rehabilitation of the youth
under its care.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 5, 2001.
TRD-200103143
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 31, 2001
Proposal publication date: April 20, 2001
For further information, please call: (512) 424-6301
Subchapter B. DUE PROCESS HEARINGS PROCEDURES
37 TAC §§95.51, 95.55, 95.57, 95.59
The Texas Youth Commission (TYC) adopts an amendment to §95.51,
concerning Level I Hearing Procedure and §95.57, concerning Level III
Hearing Procedure, without changes to the proposed text as published in the
April 14, 2001 issue of the
Texas Register
(26 TexReg 2951). Adopts an amendment to §95.55, concerning Level II
Hearing Procedure and §95.59, concerning Level IV Hearing Procedure,
with changes to the proposed text as published in the April 14, 2001 issue
of the
Texas Register
(26 TexReg 2951). Changes
to the proposed text in §95.55 Level II Hearing Procedure consists of
a minor sentence structure change by making a specific procedure a paragraph
of its own and deleting this procedure from another paragraph. Changes to
the proposed text in §95.59 Level IV Hearing Procedure consist of minor
grammatical changes in the language to be consistent throughout the policy
and adding specific requirements for notification of appeals.
The justification for amending the section is to align all of TYC's due
process hearings and appeal procedures to coincide with the new segregation
policies.
The amendment will create a fair and equitable system of imposing sanctions
and ensuring the youth is afforded due process in assigning any form of disciplinary
action.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to determine
the appropriate types of treatment and sanctions for youth committed to the
care custody and control of Texas Youth Commission.
The adopted rule implements the Human Resource Code, §61.034.
§95.55.Level II Hearing Procedure.
(a)
Purpose. The purpose of this rule is to establish a procedure
to be followed when the second highest level of due process is afforded a
youth. The level II hearing procedure is appropriate due process in the following
instances:
(1)
disciplinary transfer;
(2)
disciplinary extension in length of stay;
(3)
admission to a behavior management program (BMP);
(4)
admission to the aggression management program (AMP);
(5)
with a few exceptions in procedure:
(A)
admission to the Corsicana Stabilization Unit, Corsicana
Residential Treatment Center; and
(B)
extension of time to treat a psychiatric disorder in connection
with a Corsicana Stabilization Unit placement at the Corsicana Residential
Treatment Center (as appropriate).
(b)
Applicability.
(1)
For the highest level of due process, see (GAP) §95.51
of this title (relating to Level I Hearing Procedure).
(2)
See (GAP) §95.11 of this title (relating to Disciplinary
Transfer/Assigned Minimum Length of Stay Consequence).
(3)
See (GAP) §95.17 of this title (relating to Behavior
Management Program).
(4)
See (GAP) §95.21 of this title (relating to Aggression
Management Program).
(5)
See (GAP) §87.67 of this title (relating to Corsicana
Stabilization Unit).
(6)
For exceptions in procedures used for admission to Corsicana
Stabilization Unit, Corsicana Residential Treatment Center, and extension
of time to treat the psychiatric disorder, see (GAP) §95.71 of this title
(relating to Mental Health Status Review Hearing Procedure).
(c)
Explanation of Terms Used. Preponderance of the evidence
- a standard of proof meaning the greater weight and degree of credible evidence
admitted at the hearing, e.g., whether the credible evidence makes it more
likely than not that a particular proposition is true.
(d)
Procedure.
(1)
The designated primary service worker (PSW) or the administrative
duty officer (ADO), shall request permission to schedule a hearing from the
appropriate supervisor, institutional superintendent, halfway house superintendent,
parole supervisor, or quality assurance administrator. The hearing must be
scheduled as soon as practical but not later than seven days, excluding weekends
and holidays, after the alleged violation. A delay of more than seven days
in scheduling the hearing must be justified by documentation of circumstances,
which made it impossible, impractical, or inappropriate to schedule the hearing.
(2)
Failure to document circumstances making it impossible,
impractical, or inappropriate to schedule the hearing may result in a dismissal
or reversal of the decision of the hearing manager.
(3)
If the youth is admitted to Institution Detention Program
(IDP) pending a level II hearing, the hearing shall be conducted within ten
days from date of admission to detention. A delay of more than ten days in
conducting the hearing must be justified by documentation of circumstances,
which made it impossible, impractical, or inappropriate to conduct the hearing
earlier.
(4)
The appropriate supervisor, institutional superintendent,
halfway house superintendent, parole supervisor, or quality assurance administrator
will appoint an impartial staff member to act as hearing manager.
(5)
The hearing manager shall be a Texas Youth Commission (TYC)
staff member who is trained to function as a hearing.
(A)
If the youth is currently assigned to an institution, the
hearing manager shall be someone not directly responsible for supervising
the youth.
(B)
If the youth is currently assigned to a halfway house,
the hearing manager shall not be a member of the halfway house staff.
(C)
If the youth is currently assigned to a contract program,
the hearing manager shall not be the TYC quality assurance specialist assigned
to that youth.
(D)
If the youth is currently assigned to his or her home,
the hearing manager shall not be the parole officer assigned to the youth's
case.
(6)
The youth's PSW shall be responsible for assembling all
evidence and giving all notices required for the hearing.
(7)
The youth shall be given written notice of his rights not
less than 24 hours prior to the hearing. The youth's rights are:
(A)
the right to remain silent;
(B)
the right to be assisted by an advocate at the hearing;
(C)
the right to confront and cross-examine adverse witnesses
who testify at the hearing;
(D)
the right to contest adverse evidence admitted at the hearing;
(E)
the right to call readily available witnesses and present
readily available evidence on his own behalf at the hearing; and
(F)
the right to appeal the results of the hearing. The youth's
right to appeal cannot be waived.
(8)
The youth and the youth's advocate shall be given written
notice of the reasons for calling the hearing, the proposed action to be taken,
and the evidence to be relied upon not less than 24 hours prior to the hearing.
After receipt of the written notice and consultation with the advocate, the
youth may waive the 24-hour notice period by agreeing, in writing, to an earlier
hearing time.
(9)
Reasonable efforts shall be made to inform the youth's
parent(s) of the time and place of the hearing not less than 24 hours prior
to the hearing.
(10)
The hearing shall consist of two parts: fact-finding and
disposition, and shall be held where the youth resides unless the hearing
manager determines that some other site is more appropriate. During the fact-finding
portion of the hearing, only evidence concerning the alleged misconduct may
be considered; the youth's prior behavior shall not be considered unless disposition
is reached.
(11)
The youth shall be assisted by an informed and responsible
advocate appointed by the hearing manager. In cases where the youth is not
proficient in the English language, the appointed advocate shall be proficient
in English as well as the primary language of the youth or an interpreter
shall be used.
(12)
The hearing shall be tape recorded and the recording shall
be the official record of the hearing. The tape recording and the hearing
packet shall be preserved for six months following the hearing.
(13)
The youth shall be present during the hearing unless he
waives his presence or his behavior prevents the hearing from proceeding in
an orderly and expeditious fashion.
(A)
A waiver of the youth's presence shall be in writing and
signed by the youth and his advocate. If the youth does not sign the waiver
for any reason, his presence is not waived.
(B)
If the youth waives his presence, the hearing may be conducted
by teleconference.
(C)
If a youth is excluded for behavioral reasons, those reasons
shall be documented in the hearing record.
(D)
A true plea cannot be entered on behalf of a youth who
has waived his presence at the hearing.
(14)
A victim who appears as a witness should be provided a
waiting area where he is not likely to come in contact with the youth except
during the hearing.
(15)
Witnesses shall take an oath prior to testifying.
(16)
The hearing manager, PSW , and advocate may question each
witness in turn. The primary service worker and advocate may offer summation
statements.
(17)
To protect the confidential nature of the hearing, persons
other than the youth, the youth's advocate, staff representative, and the
youth's parent(s) may be excluded from the hearing room at the discretion
of the hearings manager, however any person except the youth's advocate may
be excluded from the hearing room if their presence causes undue disruption
or delay of the hearing. The reason(s) for the exclusions are stated on the
record.
(18)
With the exception of the youth, any person designated
as a witness may be excluded from the hearing room during the testimony of
other witnesses and may be instructed to refrain from discussing their testimony
with anyone until all the witnesses have been dismissed.
(19)
The hearings manager may permit a witness to testify outside
the presence of the youth if such appears reasonable and necessary to secure
the testimony of the witness. If the youth is excluded from the hearing room
during testimony, the advocate for the youth shall be present during the testimony
and shall have the opportunity to review the testimony with the youth before
questioning the witness.
(20)
The youth shall not be called as a witness unless, after
consulting with the advocate, he or she waives his right to remain silent
on the record. Neither the hearing manager or the PSW may question the youth
unless he/she waives the right to remain silent.
(A)
The youth's failure to testify shall not create a presumption
against him.
(B)
A youth who waives his right to remain silent may only
be questioned concerning those issues addressed by his testimony.
(21)
All credible evidence may be considered, irrespective
of its form.
(22)
The standard of proof for all disputed issues is a preponderance
of the evidence.
(23)
The hearings manager may, for good cause, recess or continue
the hearing for such period(s) of time as may be necessary to insure an informed
and accurate fact-finding.
(24)
The hearing manager will announce his findings of fact.
(25)
If there is finding of true, the hearing manager shall
proceed to disposition and order the disposition recommended by the staff
representative unless the hearing manager finds extenuating circumstances.
(A)
A hearing manager's decision that a youth be transferred
is final.
(B)
A hearing manager's decision to assign a disciplinary minimum
length of stay (with or without a transfer) is final subject to approval by
the appropriate director of juvenile corrections or designee. If, subsequent
to the assignment of a disciplinary minimum length of stay, the appropriate
director of juvenile corrections disapproves the assignment, neither the assignment
nor a transfer may then occur.
(C)
A hearing manager's decision that a youth will be transferred
and/or an assigned a length of stay in a disciplinary segregation program
is final subject to an appeal by the youth.
(26)
The hearing manager shall prepare the Hearing Manager's
Report of a Level II Hearing form, CCF-170, of his findings which includes
grounds for the hearing and evidence relied upon and the decision.
(27)
The youth is informed of his/her right to appeal to the
executive director at the close of the hearing. The pendency of an appeal
shall not preclude implementation of the hearing manager's dispositional decision.
(28)
A copy of the report (CCF-170) is given to the youth immediately
following the close of the hearing.
§95.59.Level IV Hearing Procedure.
(a)
Purpose. The purpose of this rule is to establish a procedure
to determine whether justification exists to warrant holding a youth in detention
pending charges or a hearing or trial.
(b)
Applicability.
(1)
The level I due process procedures referred to herein are
found in (GAP) §95.51 of this title (relating to Level I Hearing Procedure).
(2)
The level II due process procedures referred to herein
are found in (GAP) §95.55 of this title (relating to Level II Hearing
Procedure).
(c)
A detention review hearing procedure (level IV hearing)
shall be held to determine whether justification exists to warrant holding
a youth in detention pending a hearing or trial when a level I or II hearing
or a trial is not held and continued detention is necessary and appropriate
based stated criteria in (GAP) §97.41 of this title (relating to Community
Detention) or (GAP) §97.43 of this title (relating to Institution Detention
Program). The timing of the required due process level IV hearing is related
to the facility in which the youth is detained. A detention review hearing
will be conducted by Texas Youth Commission (TYC) staff:
(1)
for youth held in the institution detention program (IDP):
(A)
on or before 72 hours from admission to the IDP, or the
next working day; and
(B)
within ten working days of the previous detention review
hearing.
(2)
for a youth held in a community detention facility the
detention hearing will be held on or before the tenth working day of detention
if;
(A)
a detention hearing is not waived or conducted by the community
for a TYC youth;
(B)
the level I or II hearing or trial cannot be held within
ten working days; and
(C)
further detention is necessary and appropriate.
(d)
Procedure.
(1)
Decision Maker.
(A)
A parole supervisor, quality assurance administrator, halfway
house superintendent, or an institution superintendent shall appoint a decision-maker,
who will schedule the hearing.
(B)
The decision-maker shall be impartial and shall not have
been the person who requested or admitted the youth to the security intake,
or the institution detention program, or community detention.
(2)
Detention Review Hearings.
(A)
The youth has a right and shall be informed of his/her
right to be represented:
(i)
in a level I hearing, a youth shall be represented by counsel.
Counsel is:
(I)
an attorney obtained by the youth; or
(II)
the attorney appointed to represent the youth.
(ii)
in a level II hearing or pending a trial, a youth shall
be represented by a youth advocate. If the trial attorney chooses to be the
youth's advocate in a level IV hearing, the attorney may represent the youth
but is not required to do so.
(B)
The youth may waive the level IV hearing after being advised
by an attorney (for a level I hearing) or an advocate (for a level II hearing
or trial).
(C)
The hearing shall be tape-recorded and the recording shall
be the official record of the hearing. Tape recordings shall be preserved
for six months following the hearing.
(D)
When a detention review is necessary due to the adjournment
of a level I telephone hearing under (GAP) §95.53 of this title (relating
to Level I Hearing by Telephone), the hearings examiner may conduct a level
IV hearing following adjournment of the telephone hearing.
(E)
The staff responsible for calling for the level I or II
hearing, or the Primary Service Worker (PSW) of the youth being held for trial
must show cause to detain the youth pending the hearing or trial. The attorney
or advocate may present evidence as to why the youth should not be detained.
(3)
The Decision.
(A)
The decision-maker shall base his/her decision on criteria
for detention. See criteria in (GAP) §97.41 of this (relating to Community
Detention) and (GAP) §97.43 of this title (relating to Institution Detention
Program).
(B)
If criteria are not met, the youth must be released to
his/her assigned location.
(C)
If a level IV hearing is not timely held or is not properly
waived, the youth shall be released to his/her assigned location.
(4)
Appeal.
(A)
The youth is notified in writing of his/her right to appeal.
(i)
For youth held in IDP, the appeal of the first level IV
hearing will be to the superintendent. Appeal of the second level IV hearing
will be to the executive director pursuant to (GAP) §93.53 of this title
(relating to Appeal to Executive Director). An automatic appeal to the executive
director will be filed on the third and subsequent level IV hearing to determine
if the institution detention criteria have been proven, even if the youth
waives the level IV hearing. The PSW will initiate the automatic appeal.
(ii)
For all other youth in alternative detention facilities
level IV hearing appeals will be to the executive director pursuant to (GAP) §93.53
of this title (relating to Appeal to Executive Director).
(B)
The pendency of an appeal shall not preclude implementation
of the decision-maker's dispositional decision. The PSW shall expedite the
appeal by immediately faxing the record and evidence to the complaint coordinator
in the office of general counsel to review the appeal.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of
the Secretary of State on June 5, 2001.
TRD-200103146
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 31, 2001
Proposal publication date: April 20, 2001
For further information, please call: (512) 424-6301
Subchapter A. SECURITY AND CONTROL
37 TAC §97.37, §97.40
The Texas Youth Commission (TYC) adopts an amendment to §97.37,
concerning Security Intake and §97.40, concerning Security Program, without
changes to the proposed text as published in the April 20, 2001, issue of
the
Texas Register
(26 TexReg 2957).
The justification for amending the rules are to establish guidelines by
which the security program operates.
The amendment will afford youth more due process by establishing a system
of reviewing procedures.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to operate programs
and facilities.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 5, 2001.
TRD-200103142
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 31, 2001
Proposal publication date: April 20, 2001
For further information, please call: (512) 424-6301
37 TAC §97.41
The Texas Youth Commission (TYC) adopts an amendment to §97.41,
concerning Community Detention, without changes to the proposed text as published
in the April 20, 2001, issue of the
Texas Register
(26 TexReg 2961).
The justification for amending the section is to ensure that TYC staff
in the community conduct a detention hearing for youth being detained by the
community, either county jail/facility or local juvenile detention.
The amendment will allow to schedule a hearing as soon as practical but
not later than seven days from the date of the alleged violation. A due process
hearing is considered scheduled when a date and time has been set. The amendment
will also provide a greater accountability for staff to ensure due process
is followed for youth being detained by the community, either county jail/facility
or local juvenile detention.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.091,
which provides the Texas Youth Commission with the authority to cooperate
with other agencies consistent with their proper function.
The adopted rule implements the Human Resource Code, §61.034.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 5, 2001.
TRD-200103144
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 31, 2001
Proposal publication date: April 20, 2001
For further information, please call: (512) 424-6301
37 TAC §97.43
The Texas Youth Commission (TYC) adopts an amendment to §97.43,
concerning Institution Detention Program, with changes to the proposed text
as published in the April 20, 2001 issue of the
Texas Register
(26 TexReg 2962). Changes to the proposed text consist
of a minor edit to subsection (e)(7) to change the word from notify to notified
and minor grammar changes.
The justification for amending the section is to increase accountability
for staff and youth and better define and implement program guidelines.
The amendment will define specific programs to help discipline negative
behavior.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to operate programs
in facilities that are charged with custody and rehabilitation of youth.
The adopted rule implements the Human Resource Code, §61.034.
§97.43.Institution Detention Program.
(a)
Purpose. The purpose of this rule is to establish criteria
and procedures for detaining appropriate Texas Youth Commission (TYC) youth
in an Institution Detention Program (IDP) operated within each TYC institution
or secure contract program, who have charges against them pending or filed,
or are awaiting a due process hearing or trial, or awaiting transportation
subsequent to a due process hearing or trial.
(b)
Applicability.
(1)
This rule applies to TYC youth detained in TYC operated
institutions or secure contract programs for pre-hearing or post-hearing pending
transportation.
(2)
This rule does not apply to:
(A)
TYC youth detained in community detention facilities. See
(GAP) §97.41 of this title (relating to Community Detention);
(B)
the use of the same or adjacent space when used specifically
as security intake. See (GAP) §97.37 of this title (relating to Security
Intake);
(C)
the use of the same or adjacent space when used specifically
as a security program. See (GAP) §97.40 of this title (relating to Security
Program);
(D)
the use of the same or adjacent space when used specifically
as disciplinary segregation. See (GAP) §95.17 of this title (relating
to Behavior Management Program);
(E)
the use of the same or adjacent space when used specifically
as temporary admission. See (GAP) §85.41 of this title (relating to Temporary
Admission Awaiting Transportation); and
(F)
the aggression management program (AMP). See (GAP) §95.21
of this title (relating to Aggression Management Program).
(c)
Explanation of Terms Used. Detention Review Hearing - the
TYC level IV hearing required by this policy.
(d)
Criteria for Placement in an Institution Detention Program.
(1)
Designated staff will conduct a review to determine whether
admission criteria have been met.
(2)
Admission Criteria for Detention Up To 72 Hours.
(A)
A youth assigned to a TYC operated institution may be admitted
to the IDP program (for up to 72 hours):
(i)
if the youth is awaiting transportation subsequent to a
due process hearing or trial; or
(ii)
if a due process hearing or trial has been requested in
writing or charges are pending or have been filed; and
(iii)
there are reasonable grounds to believe the youth has
committed a violation; and
(iv)
one of the following applies:
(I)
suitable alternative placement within the facility is unavailable
due to on-going behavior of the youth that creates disruption of the routine
of the youth's current program; or
(II)
the youth is likely to interfere with the hearing or trial
process; or
(III)
the youth represents a danger to himself/herself or others;
or
(IV)
the youth has escaped or attempted escape as defined in
(GAP) §97.29 of this title (relating to Escape/Abscondence and Apprehension).
(B)
A youth who is assigned to a placement other than a TYC
operated institution or secure contract program may be detained in a TYC operated
IDP (up to 72 hours):
(i)
if a due process hearing or trial has been requested in
writing; and
(ii)
based on current behavior or circumstances, and all detention
criteria must have been met as defined in (GAP) §97.41 of this title
(relating to Community Detention).
(C)
A youth may appeal the admission decision to the IDP through
the youth complaint system as defined in (GAP) §93.31 of this title (relating
to Complaint Resolution System).
(3)
Admission Criteria for Detention Beyond 72 Hours.
(A)
A youth who is assigned to a TYC operated institution may
be detained in the IDP beyond 72 hours based on current behavior or circumstances,
and all other criteria in paragraph (2) of this subsection have been met.
(B)
A youth who is assigned to a placement other than a TYC
operated institution may be detained in a TYC operated IDP beyond 72 hours
based on current behavior or circumstances and all detention criteria in (GAP) §97.41
of this title (relating to Community Detention) have been met.
(4)
A hearing will be scheduled as soon as practical but no
later than seven days, excluding weekends and holidays, from the date of the
alleged violation.
(A)
A due process hearing or trial is considered to be scheduled
if a due process hearing date and time has been set or trial is pending.
(B)
A youth whose due process hearing or trial has been held
may be detained without a level IV hearing when the youth is waiting for transportation:
(i)
to TDCJ, ID following a transfer hearing; or
(ii)
to a different placement following a level I or II hearing.
(C)
Transportation should be arranged immediately to take place
within 72 hours and anything past that must have superintendent's approval.
(e)
Detention Hearings Required for Any Youth Held in an Institution
Detention Program.
(1)
A youth, who meets admission criteria, may be detained
in an IDP for up to 72 hours.
(2)
For extensions beyond 72 hours an initial detention review
hearing (level IV hearing) must be held on or before 72 hours from admission
to the IDP, or the next working day.
(3)
Subsequent detention review hearings must be held within
ten working days from the previous detention review hearing when a due process
hearing or trial is not held and continued detention is necessary and appropriate
based upon current behavior or circumstances that meet criteria unless youth
is under indictment pending trial. See (GAP) §95.59 of this title (relating
to Level IV Hearing Procedure).
(4)
A detention review hearing is not required for youth detained
pending transportation pursuant to subsection (d)(3)(D) of this section.
(5)
Institution or a designated community staff will hold the
required level IV detention review hearings. The primary service worker (PSW)
for youth not assigned to an institution, will coordinate with institution
staff to ensure that hearings are timely held or waived properly.
(6)
If a level IV hearing is not timely held or is not properly
waived, the youth shall be released from the IDP.
(7)
The youth is notified in writing of his/her right to appeal
the level IV hearing.
(f)
Release from institution detention is determined by the
outcome of a hearing or trial or upon the decision not to hold a hearing.
If the youth is pending transportation, the youth is released from detention
upon transport.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 5, 2001.
TRD-200103145
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 31, 2001
Proposal publication date: April 20, 2001
For further information, please call: (512) 424-6301
Chapter 421.
STANDARDS FOR CERTIFICATION
37 TAC §421.5
The Texas Commission on Fire Protection adopts amendments
to §421.5, concerning definitions regarding training officers without
changes to text published in the
Texas Register
on March 2, 2001 (26 TexReg 1829).
The justification for this section is that training officers will ensure
the certified facilities will be compliant with commission standards in content
and delivery of programs.
The amendments change the definition of training officer to specify that
the individual must be in charge of a commission "certified training facility."
There were no comments received on the proposed amendments.
The amendments are adopted under Texas Government Code, §419.008,
which provides the commission with authority to adopt rules for the administration
of its powers and duties; and Texas Government Code, §419.028, which
provides the commission with authority to approve or revoke the approval of
a training facility and to certify or revoke the certification of fire protection
personnel instructors.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 6, 2001.
TRD-200103186
Gary L. Warren Sr.
Executive Director
Texas Commission on Fire Protection
Effective date: June 26, 2001
Proposal publication date: March 2, 2001
For further information, please call: (512) 239-4921
Chapter 93.
YOUTH RIGHTS AND REMEDIES
Chapter 95.
YOUTH DISCIPLINE
Chapter 97.
SECURITY AND CONTROL
Part 13.
TEXAS COMMISSION ON FIRE PROTECTION
Chapter 441.
CONTINUING EDUCATION