Part 3.
TEXAS YOUTH COMMISSION
Chapter 81.
INTERACTION WITH THE PUBLIC
37 TAC §81.34
The Texas Youth Commission (TYC) adopts an amendment to §81.34,
concerning Notice of Youth Confessions of Child Abuse, with changes to the
proposed text as published in the May 11, 2001, issue of the
Texas Register
(26 TexReg 3451). Changes to the proposed text consist
of minor grammar editing changes for clarification.
The justification for amending the section is to clarify reporting of a
youth confession of child abuse.
The amendment provides clarification in reporting a youth confession that
does not include new information from the existing documentation that has
already been referred to Department of Protective and Regulatory Services
or local law enforcement agency
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to adopt policies
and make rules appropriate to the proper accomplishment of its functions.
The adopted rule implements the Human Resource Code, §61.034.
§81.34.Notice of Youth's Confession of Child Abuse.
(a)
Purpose. The purpose of this rule is to provide guidelines
according to the Texas Family Code (TFC), chapter 261, Subchapter B, for Texas
Youth Commission (TYC) supervisor to report information given to them by TYC
staff members or volunteers regarding TYC youth confessing, while in any TYC
operated facility or contract care program, to abusing or neglecting a child
or children some time in the past when they were not in a TYC operated facility
or contract care program.
(b)
Applicability. This rule does not apply to reporting suspected
abuse or neglect of youth in TYC programs. See (GAP) §93.33(d) of this
title (Alleged Mistreatment). See Chapter 261, Subchapter B, Family Code,
for reporting confessions of TYC youth who are released under TYC supervision
that they abused or neglected children when they were not in a TYC operated
facility or contract care program. Such reports must be made within 48 hours
to the Department of Protective and Regulatory Services (DPRS) or to a state
or local law enforcement agency.
(c)
Reporting.
(1)
A TYC staff member or volunteer who has cause to believe,
based on information provided by a youth in a TYC operated facility or contract
care program, that the youth is responsible for abusing or neglecting a child
or children some time in the past when the youth was not in a TYC operated
facility or contract care program, must report that information, not later
than 48 hours after the staff member first receives it, to DPRS, to a state
or local law enforcement agency, or to the person's appropriate TYC supervisor.
(2)
A report does not need to be made if it is determined from
existing documentation that the youth's statement:
(A)
has already been referred to DPRS or a law enforcement
agency by an agency supervisor and the new report includes no new information;
(B)
relates only to conduct that resulted in the youth's commitment
to TYC; or
(C)
relates only to conduct that resulted in a previous juvenile
court adjudication, deferred prosecution or disposition without referral to
court.
(d)
Referral of Report for Investigation.
(1)
If the victim in a report made pursuant to subsection (c)
is a member of the youth's same household, the appropriate TYC supervisor
receiving the report shall refer it immediately to DPRS or to the appropriate
state or local law enforcement agency for investigation if:
(A)
the report is of injuries inflicted at any time that required
prompt medical attention or hospitalization and that endangered the alleged
victim's life or could have caused permanent functional impairment or disfigurement;
or
(B)
the report is of oral, anal, or genital intercourse that
occurred at any time.
(2)
If the victim in a report made pursuant to subsection (c)
is not a member of the youth's same household and the youth is considered
a high risk, the appropriate TYC supervisor receiving the report shall refer
it immediately to DPRS or to the appropriate state or local law enforcement
agency for investigation if:
(A)
the report is of injuries inflicted within the previous
twelve months that required prompt medical attention or hospitalization and
that endangered the alleged victim's life or could have caused permanent functional
impairment or disfigurement; or
(B)
the report is of oral, anal, or genital intercourse that
occurred within the previous twelve months and that was without consent under
the law.
(3)
For the purposes of this subsection, a youth is considered
a high risk if the report made pursuant to subsection (c), considered in the
context of the TYC youth's current circumstances, presents a real and significant
likelihood that the alleged victim (if the alleged victim is still a child
at the time of the report) will be abused or neglected by the TYC youth in
the foreseeable future.
(e)
Content of Referred Report. A report referred to DPRS or
to an appropriate state or local law enforcement agency pursuant to subsection
(d) shall include the most accurate and detailed information possible at the
time the report is made. Whenever possible, a first-hand account should be
provided directly by the person to whom the youth confessed.
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 12, 2001.
TRD-200103312
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 31, 2001
Proposal publication date: May 11, 2001
For further information, please call: (512) 424-6301
Subchapter B. SPECIAL NEEDS OFFENDER PROGRAMS
37 TAC §87.67
The Texas Youth Commission (TYC) adopts an amendment to §87.67,
concerning Corsicana Stabilization Unit, with changes to the proposed text
as published in the May 11,2001 issue of the
Texas
Register
(26 TexReg 3452). Changes to the proposed text consist of
minor grammar editing changes for clarification.
The justification for amending the section is to allow a more efficient
method of operating a highly structured program designed for youth with severe
emotional disturbances.
The amendment changes wording to better define criteria. Additional provisions
were made to allow youth to be placed in the stabilization unit. Timelines
for assessments and evaluations of current mental functioning are also better
defined.
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 psychiatric
treatment as necessary.
The adopted rule implements the Human Resource Code, §61.034.
§87.67.Corsicana Stabilization Unit.
(a)
Purpose. The purpose of this rule is to establish, for
psychiatrically disturbed Texas Youth Commission (TYC) youth, criteria and
procedure for admission and evaluation for specialized treatment services
in the Corsicana Stabilization Unit (CSU).
(b)
Applicability.
(1)
The mental health status review due process procedures
are found in (GAP) §95.71 of this title (relating to Mental Health Status
Review Hearing Procedure).
(2)
See (GAP) §95.55 of this title, (relating to Level
II Hearing Procedure).
(3)
See (GAP) §95.51 of this title (relating to Level
I Hearing Procedure).
(4)
For emergency mental health placements, see (GAP) §87.71
of this title (relating to Emergency Mental Health Admission).
(c)
Admissions.
(1)
Admission Criteria. Youth who may be admitted to the CSU
at the Corsicana Residential Treatment Center are those who meet the following
criteria:
(A)
youth demonstrates serious dysfunction in behavior, judgment,
thinking, or mood; and
(B)
the dysfunction is the result of a current neurological
deficit and/or emotional disturbance and/or psychiatric disorder, e.g. psychosis,
major affective disorder, organic disorder, or anxiety disorder; and the dysfunction
is not the result of a primary conduct disorder or antisocial personality
disorder; and
(C)
the youth's behavior presents a risk of serious harm to
the youth or others; or
(D)
the youth is placed in a specialized emotionally disturbed
(ED) program and requires frequent segregation from other youth to control
disruptive or maladaptive behavior as evidenced by ten or more security admissions
in a three month period or five or more security unit admissions in a 30 day
period; and
(E)
the stabilization unit is the least-restrictive intervention
alternative that is appropriate and available to safely meet the treatment
needs and to control the dysfunction.
(2)
Admission Process.
(A)
Referrals. Complete current psychiatric and psychological
evaluations by a licensed psychiatrist and a psychologist must be included
in order to be considered. Referral information should be sent directly to
the stabilization unit admissions panel.
(B)
Emergency Referrals. If an emergency exists, procedures
in (GAP) §87.71 of this title (relating to Emergency Mental Health Admission)
must be followed. Consistent with emergency criteria, staff may request of
the superintendent immediate placement of the youth in the CSU. On admission,
requirements in this policy are effective for all emergency admissions.
(3)
96 Hour Admission Review Process. A mental health status
review hearing shall be held for all youth within 96 hours of arrival at the
unit. If the 96 hour period ends on a Saturday, Sunday or Legal Holiday, the
hearing must be held on the next regular working day. The hearing is held
to determine whether criteria for unit admission have been met.
(A)
If the youth is deemed not to be appropriate for admission,
he/she is not retained in the program. Youth who are not admitted are returned
to the referring program/location.
(B)
If the youth is deemed appropriate for admission, he/she
is retained and treated in the program.
(C)
If the youth's treatment needs and appropriateness for
admission cannot be determined during the 96 hour mental status review hearing,
the youth may be temporarily admitted for diagnostic and assessment purposes
provided the hearing panel concludes:
(i)
the youth does exhibit evidence of psychiatric dysfunction;
and
(ii)
the youth has exhibited recent behavior that presents
a danger to self or others or chronic failure to progress in his/her prior
placement; and
(iii)
the youth is in need of comprehensive psychiatric and
psychological evaluation in a specialized setting; and
(iv)
the CSU is the least restrictive setting in which to effectively
accomplish this evaluation.
(D)
Youth temporarily admitted for diagnostic and assessment
purposes will have a comprehensive mental health assessment completed and
will be released from the unit within 45 days of arrival, unless the youth
is admitted for treatment up to 90 additional days through a new mental health
status review hearing.
(d)
Program Requirements.
(1)
The program focus will be on stabilization of the psychiatric
dysfunction.
(2)
Services are provided in a self-contained unit at the TYC
Corsicana Residential Treatment Center.
(3)
An individualized treatment program reflecting treatment
goals and objectives shall be developed for and with each youth.
(4)
The treatment team shall review the youth's progress weekly.
(5)
By the end of 90 days from the date of the admission due
process hearing, a youth shall be returned to the referring source or referred
to CPU for appropriate placement unless an extension becomes effective at
that time.
(e)
Extension of Time Beyond 90 Days to Treat the Psychiatric
Dysfunction.
(1)
Extension Criteria. Extension may occur if criteria are
met:
(A)
youth continues to meet admission criteria; and
(B)
the youth's treatment plan has been implemented appropriately;
or
(C)
the youth has symptoms of mental illness and will benefit
from treatment in the CSU and continued treatment in this setting is deemed
to be in the youth's best interest.
(2)
Extension Due Process Requirements.
(A)
the due process required to determine whether extension
criteria have been met is:
(i)
a level I hearing for all youth on parole. Parole is not
revoked.
(ii)
a mental health status review hearing for all non-parole
youth.
(B)
The due process hearing shall be conducted:
(i)
two weeks immediately preceding the youth's 90th day from
the admission hearing or two weeks preceding the anniversary date of the latest
extension hearing unless the youth is being considered for transition out
of the unit before the end of the initial 90 day stay or latest extension
hearing;
(ii)
as soon as the youth returns to the unit if he/she is
in a state hospital at the time the hearing is required.
(3)
The Effect of an Extension.
(A)
Extension shall be in effect only if extension criteria
are found in a due process hearing.
(B)
An extension granted means that the period of time, beyond
the initial 90 day stay, during which a youth may be treated for a psychiatric
dysfunction under rules of this policy, shall be extended for up to 12 months
from the date of the extension due process hearing. Successive extension hearings
may be held.
(4)
Release and Transition Options.
(A)
The treatment team shall determine by majority vote that
the youth is ready to leave the stabilization unit. The criteria for deciding
releases must be consistent with the criteria for deciding admission or extension.
(B)
Release options are consistent with the youth's residential
placement at referral. Youth on institutional status will be transitioned
through a Residential Treatment Program unless recommended otherwise by the
treatment team.
(C)
The extension of time to treat the psychiatric dysfunction
shall be terminated when placement is no longer needed for the primary purpose
of treatment of the dysfunction.
(D)
Following termination of the extension, future placement
decisions, including the youth's return to his/her home parole placement,
are made in accordance with other applicable policies and procedures.
(E)
No youth may be discharged from TYC jurisdiction directly
from a CSU unless TYC's jurisdiction ends by statute.
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 12, 2001.
TRD-200103308
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 31, 2001
Proposal publication date: May 11, 2001
For further information, please call: (512) 424-6301
37 TAC §87.79
The Texas Youth Commission (TYC) adopts an amendment to §87.79,
concerning Discharge of Mentally Ill and Mentally Retarded Youth, without
changes to the proposed text as published in the May 11,2001 issue of the
The justification for amending the section is to define the method of determining
when a youth is eligible for discharge due to a mental illness.
The amendment eliminates a phrase in the discharge eligibility criteria
to allow a licensed psychologist or psychiatrist to determine that the mental
illness is the reason for the youth's inability to engage in the interaction
required by the agency's resocialization program.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.077
and §61.0772, which provides the Texas Youth Commission with the authority
to examine and appropriately discharge youth with mental illnesses or mental
retardation.
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 12, 2001.
TRD-200103309
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 31, 2001
Proposal publication date: May 11, 2001
For further information, please call: (512) 424-6301
37 TAC §93.33
The Texas Youth Commission (TYC) adopts an amendment to §93.33,
concerning Alleged Mistreatment, with changes to the proposed text as published
in the May 11,2001 issue of the
Texas Register
(26
TexReg 3455). Changes to the proposed text consist of minor grammar editing
changes for clarification.
The justification for amending the section is to determine a specific protocol
for how confidential reports may be distributed and what editing process must
take place.
The amendment will clarify that an edited report of an alleged mistreatment
may be given to the employee being disciplined at any level up to a termination
action. The intent is to protect staff witnesses. The decision authority has
discretion of whether or not to release the names of staff witnesses only
in cases where it is determined to be necessary for the resolution of contested
facts.
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
and be responsible for the welfare, custody and rehabilitation of youth.
The adopted rule implements the Human Resource Code, §61.034.
§93.33.Alleged Mistreatment.
(a)
Purpose. This chapter should be implemented in a way that
best achieves the following purposes:
(1)
to provide definitions of abuse and neglect of any youth
who receives or has received care, treatment or services from a facility,
contract program or agent of the Texas Youth Commission (TYC);
(2)
to provide procedures for the protection of youth through
the reporting and investigation of all alleged abuse, neglect, and exploitation
by TYC and contract employees and volunteers; and
(3)
to prescribe principles and methods for the prevention
of abuse, neglect, and exploitation.
(b)
Explanation of Terms Used.
(1)
Abuse -- an act or omission by any TYC staff member, contract
employee or volunteer that endangers or impairs a youth's physical, mental
or emotional health and development. Abuse includes the following:
(A)
mental or emotional injury to the youth that results in
an observable and material impairment in the youth's growth, development,
or psychological functioning;
(B)
causing or permitting the youth to be in a situation in
which the youth sustains a mental or emotional injury that results in an observable
and material impairment in the youth's growth, development, or psychological
functioning;
(C)
physical injury that results in substantial harm to the
youth, or the genuine threat of substantial harm from physical injury to the
youth, including an injury that is at variance with the history or explanation
given and excluding an accident, reasonable discipline, or justified use of
force that does not expose the youth to a substantial risk of harm;
(D)
failure to make a reasonable effort to prevent an action
by the youth or another person that results in physical injury that results
in substantial harm to the youth;
(E)
sexual conduct harmful to a youth's mental, emotional or
physical welfare;
(F)
failure to make a reasonable effort to prevent sexual contact
harmful to a youth;
(G)
compelling or encouraging the youth to engage in sexual
conduct harmful to the youth or others;
(H)
causing, permitting, encouraging, engaging in, or allowing
the photographing, filming, or depicting of the youth if the person know or
should have known that the resulting photograph, film or depiction of the
youth is obscene or pornographic.
(2)
Neglect -- an act or omission by any TYC staff member,
contract employee or volunteer who is either directly responsible for providing
adequate food, clothing, shelter, protection, medical care and supervision,
or arranging to have someone else to provide such needs and whose failure
to do so, results in harm or the substantial risk of harm. Neglect includes
the following:
(A)
the leaving of a youth in a situation where the youth would
be exposed to a substantial risk of harm, without arranging for necessary
care for the child, and a demonstration of an intent not to return by a parent,
guardian, TYC employee, contract provider or volunteer;
(B)
the following acts or omissions by any person:
(i)
placing the youth in or failing to remove the youth from
a situation that a reasonable person would realize requires judgment or actions
beyond the youth's level of maturity, physical condition, or mental abilities
and that results in bodily injury or a substantial risk of immediate harm
to the youth;
(ii)
the failure to seek, obtain, or follow through with medical
care for the youth, with the failure resulting in or presenting a substantial
risk of death, disfigurement, or bodily injury or with the failure resulting
in an observable and material impairment to the growth, development, or functioning
of the youth;
(iii)
the failure to provide the youth with food, clothing
or shelter necessary to sustain the life or health of the youth, excluding
failure caused primarily by financial inability unless relief services had
been offered and refused; or
(iv)
placing a youth in or failing to remove the youth from
a situation in which the youth would be exposed to a substantial risk of sexual
conduct harmful to the youth; or
(v)
the failure by the person responsible for the youth's care,
custody or welfare to permit the youth to return to the youth's home without
arranging for the necessary care for the child after the youth has been absent
from the home for any reason, including having been in residential placement,
or having run away.
(3)
Exploitation -- an illegal or improper act or process of
a TYC or contract employee or volunteer, who uses the resources of the youth
for monetary or personal benefit, profit, or gain without the informed consent
of the youth.
(c)
Application. The Texas Youth Commission shall be responsible
for investigating allegations of abuse, neglect, and exploitation involving
youth served by employees and volunteers in TYC-operated facilities, contracted
residential facilities and community corrections.
(d)
Reporting and Investigation Requirements.
(1)
Any employee or volunteer who has cause to believe that
a youth has been or may be abused, neglected, or exploited shall report the
allegation to the local administrator no later than the end of the work shift.
(2)
Upon receipt of the allegation, the local administrator
shall immediately notify the appropriate law enforcement agency when there
is cause to believe that a youth has been or may be abused, neglected, or
exploited. The Texas Department of Protective and Regulatory Services (DPRS)
shall be immediately notified of any allegation of abuse, neglect, or exploitation
involving a private residential program licensed by DPRS. However, if DPRS
decides not to investigate, TYC shall conduct an investigation.
(3)
The local administrator will notify the youth's parent
or guardian of a category 1 allegation.
(4)
An employee or volunteer accused of mistreatment shall
be notified in writing of the allegations prior to the commencement of the
investigation.
(5)
Findings shall be based upon a preponderance of the evidence.
A summary of the findings and conclusions shall be provided to the accused
employee or volunteer, the youth, and the reporter at the conclusion of the
investigation. A written copy of the same shall be given to the accused employee.
(6)
All allegations of mistreatment are thoroughly investigated,
including new allegations that arise during the course of the initial investigation.
(7)
Each investigator shall submit an accurate and thorough
report which indicates he/she has:
(A)
interviewed witnesses and gathered relevant documents and
physical evidence (when necessary);
(B)
developed a written finding for each allegation based on
a preponderance of the evidence, which describes what the investigator believes
actually happened during the time mistreatment is alleged to have occurred;
and
(C)
documented a conclusion indicating whether each allegation
is confirmed or unconfirmed, and summarized the evidence relied upon to support
each conclusion.
(8)
When necessary, additional staff will be assigned to conduct
investigations. Priority will be given to situations threatening the immediate
safety and well-being of the youth.
(9)
The allegation of mistreatment is filed by the facility
or program where the alleged incident occurred even though the alleged victim
and other witnesses may have moved prior to the filing.
(10)
The allegations coordinator 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)
The youth's parent or guardian shall be notified of the
outcome of a category 1 investigation.
(e)
Appeal to the Executive Director.
(1)
A youth or someone on the behalf of the youth, may appeal
an unsatisfactory decision or lack of response to an allegation of mistreatment
that has been assigned a case file number.
(2)
Appeals shall be handled under the provisions of (GAP) §93.53
of this title (relating to Appeal to Executive Director).
(f)
The TYC Board shall be responsible for:
(1)
receiving and reviewing complaints about the manner in
which investigations have been conducted by the agency; and
(2)
if necessary, conducting an independent investigation;
(3)
ensuring that the internal audit department annually assesses
the level of risks to clients and the agency represented by the investigation
procedure, and audits the procedure(s) as indicated by the level of risk determined.
(g)
A 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 authority in a disciplinary action should be disclosed to the
employee who has been disciplined. Therefore, an employee who challenges a
disciplinary action of written reprimand (level 2) or above, which was based
upon information gathered during a category 1 alleged mistreatment investigation,
may make a written request for a copy of the report. The requested report
and all supporting documents for a written reprimand (level 2) or above, except
for disciplinary action regarding termination (level 6), shall be edited to
protect the confidentiality of staff witnesses. The decision authority has
the discretion to release the names of staff witnesses in such cases only
when the decision authority determines it is necessary for the fair resolution
of contested facts. 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. The deleted portion of the report
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.
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 12, 2001.
TRD-200103307
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 31, 2001
Proposal publication date: May 11, 2001
For further information, please call: (512) 424-6301
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §95.21
The Texas Youth Commission (TYC) adopts an amendment to §95.21,
concerning Aggression Management Program, with changes to the proposed text
as published in the May 11, 2001, issue of the
Texas
Register
(26 TexReg 3455). The change was a minor editing correction
of a misspell word.
The justification for amending the section is to better define the criteria
for truly aggressive youth with no pervasive mental health problems, to be
placed in the aggression management program.
The amendment will allow only highly aggressive youth to be placed in the
program. It will also clarify that youth must have no therapeutic contraindication
to placement in the program. The amendment facilitates determining eligibility
criteria. Amendment to the rule also designate alternative placement options
for youth that do not meet the eligibility criteria due to psychiatric disorders
or behaviors. Additional due process measures were included in these revisions.
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 permit the
youth under jurisdiction, liberty under supervision, order the youth's confinement
under conditions it believes best designed for the youth's welfare and interest
of the public.
The adopted rule implements the Human Resource Code, §61.034.
§95.21.Aggression Management Program.
(a)
Purpose. The purpose of this rule is to provide criteria
for removing from the general population youth assigned to a Texas Youth Commission
(TYC) institution for dangerously aggressive behavior and placing a youth
in the Aggression Management Program (AMP). The goal of the program is to
safely manage and treat the aggressive behavior in a self-contained unit.
The AMP program will be used for youth who have not been responsive to other
less restrictive interventions and pose a continuous threat of danger to other
youth and/or staff. The AMP is a highly structured program designed to address
aggressive behavior modification and provide a system of graduated reintegration
into the general population. Placement in the AMP is a major disciplinary
consequence.
(b)
Authorized Facilities.
(1)
The McLennan County State Juvenile Corrections Facility
(MCSJC) in Mart, Texas is the only facility authorized to administer the AMP.
(2)
TYC contract programs shall not develop an AMP. TYC contract
programs shall not place TYC youth residing in the contract program in the
TYC AMP program.
(c)
Eligibility Criteria. Any youth, (other than females or
sentenced offenders eligible for transfer to the Institutions Division of
the Texas Department of Criminal Justice (TDCJ)), are eligible for the AMP
if at the youth's current institutional placement:
(1)
a level I or II hearing has been held and a finding made
that the youth engaged in eligible conduct for the AMP with no extenuating
circumstance; and
(2)
the youth committed, attempted to commit, or helped someone
else commit at least one of the following offenses:
(A)
assault resulting in substantial bodily injury (involving
more than a passing discomfort or fleeting pain); or
(B)
an assault causing bodily injury on three separate occasions
over a 90-day period and each assault was committed after a level I or II
hearing disposition had been made.
(C)
intentionally participated in a riot; or
(D)
used or threatened to use either an object defined as a
weapon by the Penal Code or an object that could be used as a weapon, which
placed the victim in fear of imminent bodily injury.
(3)
If the disposition at the level I or II hearing held pursuant
to this policy resulted in a transfer to AMP, but bed space is not available,
the youth will be assigned to a placement in the Behavior Management Program
(BMP) pending admission to AMP (at the youth's current placement) with an
assigned maximum length of stay. However, if the youth completes the maximum
length of stay in the BMP prior to admission to AMP, the youth shall not be
admitted to AMP as a result of the conduct determined at the level II hearing
that resulted in the current assignment to BMP.
(d)
Admission Decision Process.
(1)
The local AMP Admission Review Committee at the MCSJC facility
is composed of at least the assistant superintendent, AMP psychologist, and
the AMP program administrator. The facility psychiatrist shall review admission
decisions for youth with a psychiatric history.
(2)
The AMP Admission Review Committee shall approve admission
to the AMP based on the following considerations.
(A)
Current mental health assessment that indicates there is
no therapeutic contraindication to placement in the AMP,
(B)
documentation that less restrictive interventions have
been attempted without successfully reducing the behavior and that the AMP
represents the least restrictive available and appropriate intervention, and
(C)
a finding of true of eligible conduct in a level I or II
hearing.
(3)
The AMP Admission Review Committee shall not approve admission
to the AMP for a youth who was placed in BMP pending admission to AMP if the
maximum length of stay assigned for that BMP placement has been completed.
(4)
The AMP Admission Review Committee has discretion whether
or not to approve admission to the AMP if a youth has substantially completed
a placement in BMP without an incidence of aggression.
(5)
Priority is given to youth with the most dangerous, recent
and chronic aggressive behavior, greater frequency of the use of weapons,
and older age.
(e)
Release from AMP.
(1)
Program Completion Requirements.
(A)
Youth are released from AMP upon successful completion
of requirements:
(i)
stages I through V of the AMP; and
(ii)
phase II of the resocialization program.
(I)
stage I. Youth must complete a minimum of 15 consecutive
days without an aggressive act or credible threat of one; and
(II)
stages II - V. Youth must:
(-a-)
complete a minimum of 30 consecutive days on each stage
without an aggressive act or credible threat of one; and
(-b-)
have 30 days on each stage of program compliance; and
(-c-)
phase II of the resocialization program.
(B)
Program compliance is defined as completion of the resocialization
phases (phase components) required for each of the stages as specified in
this policy.
(i)
Progress is based on successful completion of the ICP objectives
established in each of the five stages of AMP.
(ii)
Progress is assessed by the AMP treatment team consisting
of the youth's Primary Services Worker (PSW), AMP program administrator, AMP
psychologist, JCO staff, and teacher (or representative of education department.)
Additional members may be appointed to the team as needed.
(iii)
The treatment team will staff youth weekly to review
progress in the behavioral and treatment objectives.
(iv)
The treatment team will determine the appropriate stage
for each youth using compliance with ICP objectives as the criteria. A youth
may be retained on or promoted to the next stage based on completing ICP objectives.
However, youth may be assigned to a lower stage based only on specific acts
of aggressive behavior. The treatment team shall document the reasons used
to support their decisions and may make recommendations for modification of
the treatment objectives or strategies.
(v)
The treatment team will conduct assessments to determine
the youth's resocialization phase at least every 30 days.
(C)
The AMP treatment team will determine when a youth has
successfully completed all the criteria for release from the AMP, and the
youth shall be released from AMP.
(D)
The superintendent or designee will determine whether the
youth will be permanently assigned to the MCSJC general campus program or
be referred for placement elsewhere. If the youth is to be transferred, the
superintendent or designee will refer the case to the Centralized Placement
Unit (CPU) for placement assignment.
(2)
Mental Health Review.
(A)
Youth with neurological, and/or emotional disturbance,
and/or psychiatric disorder may be temporarily admitted to the Corsicana Stabilization
Unit (CSU) pursuant to (GAP) §87.67(c)(3) of this title (relating to
Corsicana Stabilization Unit) for diagnostic purposes to determine appropriate
placement in AMP or CSU.
(B)
Youth may be released from AMP at any time for mental health
reasons based on a recommendation by the AMP psychologist or psychiatrist
and approved by the director of clinical services at MCSJC facility.
(f)
Stage Requirements and Conditions. A youth obtains stages
in the AMP based upon the following criteria.
(1)
Stage I.
(A)
Youth must complete 15 consecutive days without an aggressive
act or the credible threat of one.
(B)
Youth are confined to single occupancy rooms except for
periods of highly supervised and structured activity in the self-contained
unit.
(C)
Youth will spend up to two hours a day out of the locked
room.
(2)
Stage II.
(A)
Youth must complete 30 consecutive days without an aggressive
act or credible threat of one.
(B)
Youth must have 30 days of program compliance including
successful completion of six components of phase 1 of the resocialization
program.
(C)
Youth are confined to single occupancy rooms except for
periods of specific, highly supervised, and structured activities with limited
numbers of other youth in the self contained program.
(D)
Youth will spend up to four hours a day out of the locked
room.
(3)
Stage III.
(A)
Youth must complete 30 consecutive days without an aggressive
act or credible threat of one.
(B)
Youth must have 30 days of program compliance including
successful completion of all components of phase 1 of the resocialization
program.
(C)
Youth are confined to single occupancy rooms except for
periods of specific, highly supervised, and structured activities with limited
numbers of other youth in the self contained program.
(D)
Youth will spend up to six hours a day out of the locked
room.
(4)
Stage IV.
(A)
Youth must complete 30 consecutive days without an aggressive
act or credible threat of one.
(B)
Youth are confined to self-contained program and closely
supervised.
(C)
Youth begin transition to the general population by attending
campus school for half a day and complete all school assignments for specific
periods.
(D)
Youth must complete six components of phase 2 of the resocialization
program.
(E)
Youth will spend up to eight hours a day out of the locked
room.
(5)
Stage V.
(A)
Youth must complete 30 consecutive days without an aggressive
act or credible threat of one.
(B)
Youth must successfully complete all components of phase
2 of the Resocialization program.
(C)
Youth will participate in regular scheduled activities
in the general population during the day.
(D)
Youth will spend up to 14 hours a day out of the locked
room.
(g)
Program Components.
(1)
Confined to Rooms. Youth will be confined in their rooms
at all times unless otherwise provided for in this policy or if they engage
in aggressive or inappropriate conduct.
(2)
Use of Mechanical Restraints. Approved and appropriate
mechanical restraints may be used on youth on stage I while not confined to
their rooms.
(3)
Locked Doors. Doors to individual rooms may be locked when
youth are confined to the rooms.
(4)
Individual Case Plan. Within the first week of admission
to AMP, an ICP will be developed for each youth. The plan will consist of
behavior modification strategies and treatment objectives necessary to reduce
aggressive behavior. The ICP shall be developed and reviewed according to
case management standards.
(5)
Education Component. All youth are expected to participate
in an individualized educational program for a minimum of four hours per day.
Youth that were enrolled in a special education program shall have a temporary
Admission Review and Dismissal (ARD) Committee meet and enroll the youth in
special education services.
(6)
Individual Counseling.
(A)
Youth in stage I will receive at least one hour a week
of individual counseling from either the (PSW) or unit psychologist.
(B)
Youth in stage II will receive at least 30 minutes a week
of individual counseling from either the PSW or AMP psychologist.
(C)
Youth on stages III -V shall receive individual counseling
according to case management standards.
(7)
Group Therapy.
(A)
Group therapy will be offered on stages I-III in the AMP.
The emphasis will be on individual resocialization work in stages I and II
and on core group in stage III.
(B)
On stages IV and V, the youth will attend core groups.
(8)
Behavior Management. Youth are expected to follow their
prescribed schedules and commit no rule violations per (GAP) §95.3 of
this title (relating to Rules of Conduct, Contraband, and Dress). Youth will
be entitled to earn privileges within the AMP with progression through the
stages.
(9)
Physical Exercise.
(A)
Large muscle exercise will be offered to youth daily and
will be offered in an exercise yard if safety permits.
(B)
On stage IV and V physical exercise may be held on the
general campus.
(10)
Medical and Psychological Treatment.
(A)
The AMP psychologist will continually assess the mental
status of youth to identify any therapeutic contraindications for continued
confinement on the unit. If such indications are assessed and with approval
by the director of clinical services, the youth shall be released from AMP.
(B)
Youth will be seen by medical and/or psychiatric staff
as needed, and treatment will be provided as ordered.
(h)
Program Monitoring and Youth Rights.
(1)
Youth will be seen daily by a caseworker.
(2)
Youth will be offered the opportunity to meet with the
youth rights specialist weekly.
(3)
The AMP will be visited daily by the superintendent or
assistant superintendent (or their designees) and the director of clinical
services or his/her designee.
(i)
Independent Review.
(1)
If a youth remains on any one stage for more than 45 days,
his case shall be reviewed by an Independent Review Team (IRT). The IRT shall
continue to review the case every 45 days after the initial review until the
youth progresses to the next stage.
(2)
The IRT shall include the assistant superintendent and
the director of clinical services. Additional members may be appointed as
needed.
(3)
The IRT reviews the justification and documentation of
the reasons the youth has failed to progress in the program stages and to
determine if appropriate interventions are being provided to the youth. The
IRT may direct changes in the youth's individual case plan to enhance the
youth's ability to progress in the program stages.
(j)
Appeal. The youth shall be notified in writing of his/her
right to appeal to the executive director. See (GAP) §93.53 of this title
(relating to Appeal to Executive Director). The pendency of an appeal shall
not preclude implementation of the decision.
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 12, 2001.
TRD-200103310
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 31, 2001
Proposal publication date: May 11, 2001
For further information, please call: (512) 424-6301
Chapter 87.
TREATMENT
Chapter 93.
YOUTH RIGHTS AND REMEDIES
Chapter 95.
YOUTH DISCIPLINE
Chapter 111.
CONTRACTING FOR SERVICES OTHER THAN YOUTH SERVICES