Part 3.
TEXAS YOUTH COMMISSION
Chapter 81.
INTERACTION WITH THE PUBLIC
37 TAC §81.11
The Texas Youth Commission (TYC) adopts an amendment to §
81.11, concerning Complaints from the Public, without changes to the proposed
text as published in the February 15, 2002, issue of the
Texas Register
(27 TexReg 1114).
The justification for amending the section is to provide better service
to the public regarding complaints.
The amendment will provide the public with timely responses and resolutions
to their complaints.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.0422,
which provides the Texas Youth Commission with the obligation to provide a
system regarding complaints of services.
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 March 25, 2002.
TRD-200201831
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 15, 2002
Proposal publication date: February 15, 2002
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 February 22, 2002, issue of the
Texas Register
(27 TexReg 1243). Changes to the proposed text consist
of minor grammatical changes.
The justification for amending the section is to allow for more sound psychiatric
services to be provided to the appropriate youth who need them.
The amendment will broaden the number of youth that may be served at the
Corsicana Stabilization Unit. Amendments were also made to allow a youth to
be admitted for assessment purposes for up to 45 days from date of arrival.
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 determine
the most appropriate means of treatment for youth committed to the Texas Youth
Commission.
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 criteria
and procedures for admission and evaluation for specialized treatment services
in the Corsicana Stabilization Unit (CSU), for psychiatrically disturbed Texas
Youth Commission (TYC) youth.
(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, ,if not treated, will continue to suffer severe
and abnormal mental, emotional, or physical distress and will continue to
experience deterioration in his/her ability to function independently, as
evidenced by the youth's inability to attend to basic needs, such as food,
health, personal hygiene, or safety; and
(E)
the stabilization unit is the least-restrictive intervention
alternative that is appropriate and available to safely and effectively meet
the treatment needs and to control the dysfunctional behavior.
(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
up to 45 days from the date of arrival 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)
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; or
(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; or
(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 March 25, 2002.
TRD-200201832
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 15, 2002
Proposal publication date: February 22, 2002
For further information, please call: (512) 424-6301
Subchapter D. HEALTH CARE SERVICES
37 TAC §91.99
The Texas Youth Commission (TYC) adopts an amendment to §91.99,
concerning Medical Admission for Al Price State Juvenile Correctional Facility,
without changes to the proposed text as published in the February 15, 2002,
issue of the
Texas Register
(27 TexReg 1117).
The justification for amending the section is compliance with the changing
of the name of the facility in honor of Al Price.
The amendment will change the name from Jefferson County State School to
the Al Price State Juvenile Correctional Facility as well as give a name to
the specific location where special medical services will be given. The location
is now referred to as the Medical Recovery Dorm throughout the rule.
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 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 March 25, 2002.
TRD-200201833
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: April 15, 2002
Proposal publication date: February 15, 2002
For further information, please call: (512) 424-6301
Chapter 87.
TREATMENT
Chapter 91.
PROGRAM SERVICES
Chapter 93.
YOUTH RIGHTS AND REMEDIES