Part 3.
TEXAS YOUTH COMMISSION
Chapter 85.
ADMISSION AND PLACEMENT
Subchapter A. COMMITMENT AND RECEPTION
37 TAC §85.3
The Texas Youth Commission (TYC) adopts an amendment to §85.3,
concerning Admission Process, without changes to the proposed text as published
in the April 18, 2003, issue of the
Texas Register
(28 TexReg 3231) and will not be republished.
The justification for amending the section is to inform youth and their
families about the rights and restrictions of access to the youth's records.
The amendment will clarify that upon admission, youth who are committed
to the agency will be provided with a written description of the sections
of the Family Code dealing with automatic restriction of records. The youth's
parent or guardian will also receive a copy.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.0385,
which provides the Texas Youth Commission with the authority to establish
a children's assessment center.
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 May 19, 2003.
TRD-200303098
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 8, 2003
Proposal publication date: April 18, 2003
For further information, please call: (512) 424-6301
37 TAC §85.61
The Texas Youth Commission (TYC) adopts an amendment to §85.61,
concerning Discharge, with changes to the proposed text as published in the
April 18, 2003 issue of the
Texas Register
(28
TexReg 3232). Changes to the proposed text consist of minor grammatical corrections.
The justification for amending the section is the timely and efficient
discharge of eligible youth.
The amendment will clarify that youth other than sentenced or type A violent
offenders who have earned probation as a result of conduct while on parole
shall be discharged. An additional change requires that youth be provided
with information regarding the sealing of their records upon discharge.
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 establish
rules appropriate to the accomplishment of its functions.
The adopted rule implements the Human Resource Code, §61.034.
§85.61.Discharge
(a)
Purpose. The purpose of this rule is to establish criteria
for discharge from agency jurisdiction for any youth committed to the Texas
Youth Commission (TYC).
(b)
All TYC youth shall by law, be discharged by age 21.
(c)
Youth may be recommended for early discharge when specific
criteria have been met. Discharge criteria shall be applied according to classification
or to special circumstance. Eligibility for discharge according to classification
is controlled by the most serious offense for which the youth has ever been
classified.
(d)
Discharge Criteria.
(1)
Classification.
(A)
Youth who are sentenced for an offense committed before
January 1, 1996, shall be discharged from TYC jurisdiction when one of the
following occurs:
(i)
expiration of the sentence imposed by the juvenile court,
including the time spent in detention in connection with the committing case
plus time spent at TYC under the order of commitment:
(I)
Time spent in detention in connection with the committing
case includes all time in detention from the time of arrest for the committing
offense until admission to TYC, including pre-hearing detention for adjudication/disposition
of the offense or for modification of the disposition, but excluding detention
time that is ordered as a condition of probation.
(II)
For youth committed under concurrent determinate and indeterminate
commitment orders, refer to (GAP) §85.33 of this title (relating to Program
Completion and Movement of Sentenced Offenders);
(ii)
the youth is transferred to the Texas Department of Criminal
Justice (TDJC) pursuant to an order issued by the juvenile court at a transfer
hearing;
(iii)
prior to age 18 if ordered by committing court; or
(iv)
age 21 is reached.
(B)
Youth who are sentenced for an offense committed after
January 1, 1996, shall be discharged from TYC jurisdiction when one of the
following occurs:
(i)
expiration of the sentence imposed by the juvenile court
unless under concurrent commitment orders as specified in (GAP) §85.33
of this title (relating to Program Completion and Movement of Sentenced Offenders).
Time on the sentence includes the time spent in detention in connection with
the committing case plus time spent at TYC under the order of commitment:
(I)
Time spent in detention in connection with the committing
case includes all time in detention from the time of arrest for the committing
offense until admission to TYC, including pre-hearing detention for adjudication/disposition
of the offense or for modification of the disposition, but excluding detention
time that is ordered as a condition of probation.
(II)
For youth committed under concurrent determinate and indeterminate
commitment orders, refer to (GAP) §85.33 of this title (relating to Program
Completion and Movement of Sentenced Offenders);
(ii)
the youth is transferred to the Texas Department of Criminal
Justice (TDCJ) consistent with (GAP) §85.33 of this title (relating to
Program Completion and Movement of Sentenced Offenders).
(C)
Youth ever classified as type A violent offenders shall
be discharged when age 21 is reached.
(D)
Youth classified as a type B violent offender, chronic
serious offender, controlled substance dealer, or firearms offender and never
classified as type A violent or sentenced offender, shall be discharged when
one of the following occurs:
(i)
age 21 is reached; or
(ii)
completion of 12 consecutive months on parole status in
the home or home substitute and the youth:
(I)
has had no delinquency adjudications or criminal convictions
during the period;
(II)
has no pending delinquency petitions or criminal charges;
(III)
is on minimum supervision level; and
(IV)
has had a positive parole adjustment, as defined in this
policy.
(E)
General offenders and violators of CINS probation and never
classified as type A violent or sentenced offender, shall be discharged when
one of the following occurs:
(i)
age 21 is reached; or
(ii)
completion of nine consecutive months on parole status
in the home or home substitute and the youth:
(I)
has had no delinquency adjudications or criminal convictions
during the period;
(II)
has no pending delinquency petitions or criminal charges;
(III)
is on minimum supervision level; and
(IV)
has had a positive parole adjustment as defined in this
policy.
(2)
Special Circumstances.
(A)
Youth of any classification except sentenced offenders
shall be discharged under the following circumstances:
(i)
Court ordered reversal of commitment.
(ii)
The youth being sentenced to prison.
(iii)
Commitment to Texas Department of Mental Health and Mental
Retardation when the minimum length of stay has been completed.
(iv)
Enlistment in the military.
(v)
Closing of records following a youth's death or recommitment.
(vi)
Discharge by the executive director or his designee for
any other reason, such as an illness or injury which prevents a youth's return
to active program participation.
(vii)
Youth who have completed length of stay requirements
and who are unable to progress in the agency's rehabilitation programs because
of mental illness or mental retardation as specified in (GAP) §87.79
of this title (relating to Discharge of Mentally Ill and Mentally Retarded
Youth).
(B)
Youth placed out of the state who are of any classification
except sentenced offender, may be discharged when requested by the placement
state for satisfactory adjustment or when court action is taken by the placement
state in accordance with (GAP) §85.51 of this title (relating to Interstate
Compact for TYC Youth).
(C)
Youth of any classification except sentenced offender and
type A violent offender shall be discharged under the following circumstances:
(i)
placement on adult probation for conduct which occurred
while on parole status; or
(ii)
court ordered placement for a minimum of 12 months in
an adult correctional residential program as part of the disposition of a
criminal case.
(D)
Youth may be discharged for special circumstance, other
than those addressed here, if approved by the executive director.
(e)
Positive Parole Adjustment. For purposes of discharge,
positive parole adjustment shall be shown by documentation that a youth:
(1)
has completed ICP objectives including substantial completion
of phase five of resocialization and community service requirements; and
(2)
has, for 90 consecutive days, been:
(A)
enrolled and participating in an appropriate educational
or training program; or
(B)
satisfactorily employed.
(f)
Waiver. Youth of any classification except sentenced offender
and Type A violent offender who are age 18 or older may be discharged prior
to completion of discharge criteria for the purpose of obtaining services
that cannot be obtained for a juvenile. Such early discharge must be justified
to and approved by the deputy executive director.
(g)
A youth's primary service worker (PSW) shall immediately
notify the youth of the discharge. The PSW shall provide the youth a written
explanation on procedures for sealing records utilizing the Sec. 58.003 Sealing
of Files and Records form and a copy will be provided to the parent/guardian
or custodian.
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 May 19, 2003.
TRD-200303095
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 8, 2003
Proposal publication date: April 18, 2003
For further information, please call: (512) 424-6301
Subchapter B. EDUCATION PROGRAMS
37 TAC §91.41
The Texas Youth Commission (TYC) adopts an amendment to §91.41,
concerning Education Administration, with changes to the proposed text as
published in the April 18, 2003 issue of the
Texas
Register
(28 TexReg 3232). Changes to the proposed text consist of
clarifying the criteria for required enrollment in school.
The justification for amending the section is the compliance of TYC schools
with statutory requirements of the Texas Education Code.
The amendment will clarify that TYC schools are accredited under the provisions
of the Texas Education Code, Chapter 30, Subchapter E. Additional revisions
state that youth who have completed a high school diploma or equivalent will
continue to participate in reading and math instruction until they have reached
12.9 in both areas on the Test of Adult Basic Education or are released from
TYC institutions. The minimum number of hours of daily instruction will increase
from six to seven, and the time allowed for teacher preparation is now 45
minutes.
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 require youth
in its care to participate in academic training and activities.
The adopted rule implements the Human Resource Code, §61.034.
§91.41.Education Administration.
(a)
Purpose. The purpose of this rule is to establish basic
requirements for the administration of educational services consistent with
applicable federal and state laws and the educational needs of Texas Youth
Commission (TYC) youth.
(b)
All youth shall attend school unless staff has approved
a youth over the compulsory school attendance age for alternative training
or a work program. Youth under the state compulsory school attendance majority
age will be enrolled in school.
(c)
Institutions.
(1)
TYC schools are accredited under the provisions of the
Texas Education Code, Chapter 30, Subchapter E.
(2)
Educational programs will comply with applicable federal
and state requirements.
(3)
All youth will be enrolled in an education program. Youth
who have completed high school will be in a post high school training/education
program and may be employed part-time. Youth who have completed a high school
diploma or the equivalent will continue to participate in reading and math
instruction until they have reached 12.9 on the Test of Adult Basic Education
in both areas, or until they are released from TYC institutions.
(4)
The principal, assistant principal, diagnostician, Reintegration
of Offenders - Youth (RIO-Y) Counselor, licensed school psychologist, or qualified
teacher will provide educational and vocational counseling to youth.
(5)
The school schedule will include a minimum of seven (7)
hours of instruction daily, including intermissions and recesses, according
to the school calendar established annually by the central office education
department. Four (4) of the seven (7) hours must be in core curriculum areas.
Waivers for less than seven (7) hours, but not less than four (4), of school
may be granted by the superintendent of education.
(6)
High school graduation credit classes and/or GED preparation
classes will be available to all students.
(7)
Schools will provide library services for youth on campus.
(8)
Schools will use available federal funds to provide required
specialized education and vocational training instruction/training not available
in the institution.
(9)
Teaching schedule provides each teacher a minimum of 45
minutes per day for preparation.
(d)
Halfway Houses and Contract Programs.
(1)
Staff will ensure that all community facilities serving
TYC youth have access to approved educational services.
(2)
Staff will ensure that community facilities follow the
guidelines established jointly by TYC and TEA for their utilizing public school
services.
(e)
Parole.
(1)
Youth who have not received a high school diploma or high
school equivalency certificate are expected to be enrolled in an education
program and attending regularly.
(2)
Staff will assist youth who have received a high school
diploma or high school equivalency certificate in enrolling in a post secondary
training/education program or in obtaining full-time employment.
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 May 19, 2003.
TRD-200303096
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 8, 2003
Proposal publication date: April 18, 2003
For further information, please call: (512) 424-6301
37 TAC §91.43
The Texas Youth Commission (TYC) adopts an amendment to §91.43,
concerning Basic Education, with changes to the proposed text as published
in the April 18, 2003, issue of the
Texas Register
(28 TexReg 3233). The changes to the proposed text consist of minor
grammatical corrections.
The justification for amending the section is to ensure that special needs
of youth are considered when developing their education and individual case
plans.
The amendment will require that the individual case plan (ICP) developed
for each youth addresses special education or English as a second language
as needed.
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 require the
youth in its care to participate in academic training and activities.
The adopted rule implements the Human Resource Code, §61.034.
§91.43.Basic Education.
(a)
Purpose. The purpose of this policy is to provide for identifying
a youth's basic educational needs and a means for addressing these needs.
(b)
Assessment Units.
(1)
The educational needs of each youth are initially assessed
upon admission to the Texas Youth Commission (TYC).
(2)
Individual educational records are requested from previous
schools.
(3)
The individual case plan (ICP) developed for each youth
includes academic and vocational objectives for the youth and addresses special
education or English as a second language as needed.
(c)
Institutions.
(1)
The institution continues to develop and implement the
ICP with modifications to address special needs, if applicable.
(2)
TYC follows Texas Education Agency (TEA) policies in identifying
youth for special education services and in providing the designated services.
(3)
The basic education program includes reading, language
arts, math, science, social studies, computer literacy or information technology
system, and GED preparation courses. As needed, a youth is scheduled for special
education, remedial education, English as a second language, advanced academic,
and prevocational or vocational courses.
(4)
Teachers provide competency based instruction to all youth.
(5)
Library materials meet approved educational, informational
and recreational needs and interests of youth.
(6)
Youth are enrolled in TEA approved or post-secondary courses
and have an opportunity to receive credit or partial credit for the courses.
(7)
Youth who complete all TEA requirements for high school
graduation while enrolled in a TYC school may graduate from the TYC school.
(8)
Age appropriate and capable youth who express interest
in obtaining a high school equivalency diploma participate in GED preparatory
programs and have an opportunity to complete GED testing.
(9)
Youth complete progress tests at designated dates to determine
their improvement since completing admission testing.
(10)
A youth's educational participation and progress are considered
in decisions regarding the youth's privileges and progress toward release.
(d)
Halfway Houses and Contract Programs.
(1)
TYC educational assessment information is shared with the
serving public school.
(2)
The serving public school is responsible for completing
additional assessments, as needed, including special education review and
admission procedures.
(3)
Appropriate academic and vocational course assignments
are determined by the youth's school. Facility staff confer with school officials
to advocate for appropriate assignments.
(4)
Daily study time and tutorial assistance are provided to
youth in the facility.
(5)
A youth's educational participation and progress are considered
in decisions regarding the youth's privileges and progress toward release.
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 May 19, 2003.
TRD-200303101
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 8, 2003
Proposal publication date: April 18, 2003
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 April 18, 2003 issue of the
Texas Register
(28 TexReg 3240). Changes to the proposed text consist
of one minor grammatical correction
The justification for amending the section is the safe and effective management
of dangerously aggressive behavior exhibited by youth assigned to a Texas
Youth Commission institution.
The amendment will establish new criteria for progression through the stages
of the program and release from the program. Additional minor revisions provide
clarification to admission criteria.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075
Determination of Treatment, which provides the Texas Youth Commission with
the authority to establish special needs treatment programs and criteria for
confinement under conditions which best serve the welfare of youth and protection
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.
(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 the second and third assaults were each committed
after a level I or II hearing disposition had been made for the previous assault;
or
(C)
intentionally participated in a riot that caused bodily
injury or property damage of over $500.00; or
(D)
used or attempted 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 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 the following requirements:
(i)
stages I through V of the AMP:
(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-)
have completed phase A-2, B-2, C-2; and
(ii)
at least phase A-2, B-2, C-2. Youth may not achieve higher
than phase A-4, B-2, C-2 in stages I-III and phase A-4, B-2, C-3 in stages
IV-V.
(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 service worker (PSW), AMP program administrator, AMP
psychologist, juvenile corrections officer (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 or loss of Behavior phase in resocialization. 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 youth will return to the facility that initiated the
commitment to AMP. If there are compelling circumstances to prevent the youth
from returning to the committing facility, the committing facility will notify
the appropriate director of juvenile corrections. The appropriate director
of juvenile corrections will make a determination of the appropriate placement.
(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 at least two (2) hours a day out of the
locked room in a structured activity following the daily program.
(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 three (3) of the five (5) indicators for the Correctional
Therapy Phase C-1 main objective located in the ABC's of Phase Assessment,
C1 page 4. The required three (3) main objective indicators are as follows:.
(i)
indicator 1: define a Life Story;
(ii)
indicator 2: define Offense Cycle; and
(iii)
the third indicator can be any of the remaining indicators
for the main objective.
(C)
Youth must have 30 days of program compliance including
successful completion of three (3) of the five (5) sub-objectives located
in the ABC's of Phase Assessment, C1 page 4. The required three (3) sub-objectives
are as follows:
(i)
sub-objective: Thinking Errors to include indicator 1;
(ii)
sub-objective: Empathy to include indicator 1; and
(iii)
the third sub-objective to include indicator 1 can be
any of the remaining sub-objectives excluding Layout. The Layout must be the
last sub-objective to be completed.
(D)
Youth must maintain the Behavior Phase B-1 behavior objectives
located in the ABC's of Phase Assessment, B1 page 2.
(E)
Youth must complete the Academic/Workforce Development
Phase A-1 main and sub-objective located in the ABC's of Phase Assessment,
A1 page 2.
(F)
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.
(G)
Youth will spend up to four (4) hours a day out of the
locked room in structured activities following the daily program.
(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 Academic/Workforce, Behavior and Correctional
Therapy of Phase 1 with the Layout sub-objective the last to be completed.
(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 (6) hours a day out of the locked
room in structured activities following the daily program.
(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 three (3) of the four (4) indicators
for the Correctional Therapy Phase C-2 main objective located in the ABC's
of Phase Assessment, C2 page 4. The required three (3) main objective indicators
are as follows:.
(i)
indicator 1: accurately discusses significant life events;
(ii)
indicator 3: identifies significant unmet needs; and
(iii)
the third indicator can be any of the remaining indicators
for the main objective.
(E)
Youth must complete three (3) of the five (5) sub-objectives,
excluding the Layout sub-objective that must be completed last, located in
the ABC's of Phase Assessment, C2 page 4.
(F)
Youth must complete the Academic/Workforce Development
Phase A-2 main and sub-objective located in the ABC's of Phase Assessment,
A1 page 2.
(G)
Youth must maintain the Behavior Phase B-2 behavior objectives
located in the ABC's of Phase Assessment, B1 page 2.
(H)
Youth will spend up to eight (8) hours a day out of the
locked room in structured activities following the daily program..
(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 main objectives and
sub-objectives to include the Layout sub-objective of Academic/Workforce and
Correctional Therapy phase 2 of the ABC's of Phase Assessment. The Behavior
Phase 2 objectives must be maintained.
(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 in structured activities following the daily program.
(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 (4) 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 (1) 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 Correctional Therapy phase 1 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). Youth will be entitled to earn
privileges within the AMP with progression through the AMP stages and resocialization
phases.
(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
assistant superintendent 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/her 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 May 19, 2003.
TRD-200303102
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: June 8, 2003
Proposal publication date: April 18, 2003
For further information, please call: (512) 424-6301
Subchapter A. YOUTH RECORDS
Subchapter B. PLACEMENT PLANNING
Chapter 91.
PROGRAM SERVICES
Chapter 95.
YOUTH DISCIPLINE
Chapter 99.
GENERAL PROVISIONS