TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 3. TEXAS YOUTH COMMISSION

Chapter 87. TREATMENT

Subchapter B. SPECIAL NEEDS OFFENDER PROGRAM

37 TAC §87.67

The Texas Youth Commission (TYC) proposes an amendment to §87.67, concerning Corsicana Stabilization Unit. The amendment to the section will broaden the 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.

Don McCullough, 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. McCullough 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 to allow for more sound psychiatric services to be provided to the appropriate youth who need them. There will be no effect on small businesses. 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 Sherma Cragg, Chief of Policy and Manuals, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765.

The amendment is proposed 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 proposed rule affects 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 procedures [ procedure ] for admission and evaluation for specialized treatment services in the Corsicana Stabilization Unit (CSU) , for psychiatrically disturbed Texas Youth Commission (TYC) youth .

(b) (No change.)

(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) - (C) (No change.)

(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 [ 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 and effectively meet the treatment needs and to control the dysfunctional behavior [ dysfunction ].

(2) (No change.)

(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) - (B) (No change.)

(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) - (iv) (No change.)

[(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) (No change.)

(e) Extension of Time Beyond 90 Days to Treat the Psychiatric Dysfunction.

(1) (No change.)

(2) Extension Due Process Requirements.

(A) The [ the ] due process required to determine whether extension criteria have been met is:

(i) - (ii) (No change.)

(B) (No change.)

(3) - (4) (No change.)

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 February 5, 2002.

TRD-200200704

Steve Robinson

Executive Director

Texas Youth Commission

Earliest possible date of adoption: March 24, 2002

For further information, please call: (512) 424-6301


Part 13. TEXAS COMMISSION ON FIRE PROTECTION

Chapter 461. GENERAL ADMINISTRATION

37 TAC §461.1

The Texas Commission on Fire Protection (TCFP) proposes an amendment to §461.1, concerning members of the Funds Allocation Advisory Committee (FAAC). The amendment to §461.1 will prevent committee members from voting on applications from their respective departments.

Ms. Barbara Jenkins, Program Administrator for the Fire Department Emergency Program (FDEP), has determined that for the first five-year period the amended section is in effect there will be no fiscal implications for state or local governments.

Ms. Jenkins has also determined that for each of the first five years the proposed amendment is in effect the public benefit anticipated is a clearer description of the role of the FAAC in processing applications for funding through the FDEP.

There are no additional costs of compliance for small or large businesses or individuals required to comply with the amendment.

Comments on the proposal may be submitted to: Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas 78768-2286 or emailed to info@tcfp.state.tx.us .

The amendment is proposed under Texas Government Code, §419.008, which provides the TCFP with authority to propose rules for the administration of its powers and duties and Texas Government Code, §419.054, which provides the FAAC with authority to review the TCFP rules relating to the FDEP and to recommend changes in the rules.

Texas Government Code, §§419.052 - 419.063 are affected by the proposed amendment.

§461.1.Committee Members.

(a) In addition to the chairman, the Funds Allocation Advisory Committee (FAAC) shall elect one member of the committee to serve as vice-chairman with a term of one year. Elections will be held at the first meeting of each calendar year.

(b) In the absence of the chairman and vice-chairman from a regular or special meeting of FAAC, the remaining members, provided there is a quorum, shall elect a pro-tem presiding officer who shall serve until the conclusion of the meeting or until the arrival of the chairman or vice-chairman.

(c) Current members of FAAC may not be used as references by an applicant for any applications made to the Fire Department Emergency Program.

(d) Current members of FAAC shall not participate or vote on applications from their respective [ prospective ] departments.

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 February 7, 2002.

TRD-200200812

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Earliest possible date of adoption: March 24, 2002

For further information, please call: (512) 239-4921