Part 3.
TEXAS YOUTH COMMISSION
Chapter 81.
INTERACTION WITH THE PUBLIC
37 TAC §81.79
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Youth Commission or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Youth Commission (TYC) proposes the repeal
of §81.79, concerning Historically Underutilized Business Participation.
The repeal of the section will allow the agency to publish one specific chapter
relating to contracts.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the repeal is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the repeal.
Mr. McCullough also has determined that for each year of the first five
years the proposed repeal is in effect the public will benefit by being able
to access all agency rules relating to the purchase of goods and services
in one chapter. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the repeal as proposed.
No private real property rights are affected by adoption of this repeal.
Comments on the proposal may be submitted within 30 days of the publication
of this notice to DeAnna Lloyd, Policy Coordinator, Texas Youth Commission,
4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or e-mail to deanna.lloyd@tyc.state.tx.us.
The repeal is proposed under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to develop rules
appropriate to the proper accomplishment of its functions.
The proposed repeal implements the Human Resources Code, §61.034.
§81.79.Historically Underutilized Business Participation.
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 May 7, 2004.
TRD-200403136
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 20, 2004
For further information, please call: (512) 424-6301
37 TAC §§83.1, 83.3, 83.21, 83.23, 83.25, 83.27, 83.35, 83.37, 83.39, 83.47, 83.49
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Youth Commission or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Youth Commission (TYC) proposes the repeal
of §§83.1, 83.3, 83.21, 83.23, 83.25, 83.27, 83.35, 83.37, 83.39,
83.47, and 83.49, regarding purchasing youth services. The repeal of the sections
will allow the agency to publish one specific chapter relating to contracts.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the repeal is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the repeal.
Mr. McCullough also has determined that for each year of the first five
years the proposed repeal is in effect the public will benefit by being able
to access all agency rules relating to the purchase of goods and services
in one chapter. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the repeal as proposed.
No private real property rights are affected by adoption of this repeal.
Comments on the proposal may be submitted within 30 days of the publication
of this notice to DeAnna Lloyd, Policy Coordinator, Texas Youth Commission,
4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or e-mail to deanna.lloyd@tyc.state.tx.us.
The repeal is proposed under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to develop rules
appropriate to the proper accomplishment of its functions.
The proposed repeal implements the Human Resources Code, §61.034.
§83.1.Contracts for Parole Supervision Service.
§83.3.Contracts for Airport Assistance Service.
§83.21.Purchasing Youth Services.
§83.23.Rate Setting for Youth Service Contracts.
§83.25.Request for Proposal.
§83.27.Start-Up Funds.
§83.35.Quality Assurance of Contract Programs.
§83.37.Variance/Waiver Requests.
§83.39.Problem Solving Mechanism.
§83.47.Private Sector Involvement.
§83.49.Admission and Referral to Residential Contract Programs.
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 May 12, 2004.
TRD-200403219
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 20, 2004
For further information, please call: (512) 424-6301
Subchapter B. DUE PROCESS HEARINGS PROCEDURES
37 TAC §95.55
The Texas Youth Commission (TYC) proposes an amendment to §95.55,
concerning Level II Hearing Procedure. The amendment to the section will allow
the youth the opportunity to choose an advocate. The youth's choice shall
be honored unless there is a showing of unavailability for any reason. If
the youth makes no choice, or their first choice is unavailable for any reason,
the hearing manager shall appoint the advocate. If the youth is excluded from
the hearing for behavioral reasons, the advocate shall be present during the
testimony and shall have the opportunity to question the witness. Witness
may testify by telephone or videoconference if in-person testimony is impractical
or unfeasible. If testimony is provided by phone, person required to be present
at the hearing must be able to simultaneously hear the testimony. Youth will
also be given the hearing packet at least 24 hours in advance of the hearing.
Other amendments to this rule are clarification changes or updating policy
to accurately reflect agency current practice.
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 provide a youth the opportunity to request a
specific person to assistance them in preparing a defense due to complexity
of issues and the availability of accurate, clear, and updated TYC policies.
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 within 30 days of the publication
of this notice to DeAnna Lloyd, Policy Coordinator, Texas Youth Commission,
4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or email to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to best serve
the youth's welfare and the protection of the public.
The proposed rule affects the Human Resources Code, §61.034.
§95.55.Level II Hearing Procedures.
(a)
Purpose. The purpose of this rule is to establish a procedure
to be followed when the second highest level of due process is afforded a
youth. The level II hearing procedure is appropriate due process in the following
instances:
(1)
disciplinary transfer;
(2)
disciplinary extension in length of stay;
(3)
demotion of one or more phases in the
behavior area;
(4)
[
(5)
[
(6)
[
(A)
admission to the Corsicana Stabilization Unit, Corsicana
Residential Treatment Center; and
(B)
extension of time to treat a psychiatric disorder in connection
with a Corsicana Stabilization Unit placement at the Corsicana Residential
Treatment Center (as appropriate).
(b)-(c)
(No change.)
(d)
Procedure.
(1)
The designated primary service worker (PSW) or the administrative
duty officer (ADO) shall request permission to schedule a hearing from the
appropriate supervisor, institutional superintendent, halfway house superintendent,
parole supervisor, or quality assurance administrator. The hearing must be
scheduled as soon as practical but not later than seven (7) days, excluding
weekends and holidays, after the alleged violation. A delay of more than seven
(7) days in scheduling the hearing must be justified by documentation of circumstances[
(2)
Failure to document circumstances making it impossible,
impractical, or inappropriate to schedule the hearing may result in a dismissal
or reversal of the decision of the hearing manager.
(3)
If the youth is admitted to Institution Detention Program
(IDP) pending
a Level II hearing
[
(4)
The appropriate supervisor, institutional superintendent,
halfway house superintendent, parole supervisor, or quality assurance administrator
will appoint an impartial staff member to act as hearing manager.
(5)
The hearing manager shall be a Texas Youth Commission
(TYC) staff member who is trained to function as a hearing manager.
(A)
If the youth is currently assigned to an institution,
the hearing manager shall be someone not directly responsible for supervising
the youth
(B)
If the youth is currently assigned to a halfway house,
the hearing manager shall not be a member of the halfway house staff.
(C)
If the youth is currently assigned to a contract program,
the hearing manager shall not be the TYC quality assurance specialist assigned
to that youth.
(D)
If the youth is currently assigned to his/her home, the
hearing manager shall not be the parole officer assigned to the youth's case
or the quality assurance specialist who works directly with the youth's supervising
officer
.
(6)-(8)
(No change.)
(9)
All youth in TYC facilities and secure
contract placements shall be given the hearing packet (all written materials
relied upon and a list of witnesses) at least 24 hours in advance of the hearing.
The paperwork may be taken away from youth in institutional detention program
if the youth is misusing the papers in any way.
(10)
[
(11)
[
(12)
[
(13)
[
(14)
[
(A)
A waiver of the youth's presence shall be in writing and
signed by the youth and his advocate. If the youth does not sign the waiver
for any reason, his presence is not waived.
(B)
If the youth waives his presence, the hearing may be conducted
by teleconference.
(C)
If a youth is excluded for behavioral reasons,
or
to secure the testimony of a witness,
those reasons shall be documented
in the hearing record.
The advocate shall be present during the testimony
and shall have the opportunity to question the witness.
(D)
A true plea cannot be entered on behalf of a youth who
has waived his presence at the hearing.
(15)
[
(16)
[
(17)
[
(18)
[
(19)
[
(20)
[
(21)
[
(A)
The youth's failure to testify shall not create a presumption
against him.
(B)
A youth who waives his right to remain silent may only
be questioned concerning those issues addressed by his testimony.
(22)
[
(23)
[
(24)
[
(25)
[
(26)
[
[
(A)
[
(B)
[
(C)
If extenuation circumstances are found
incident to the violation(s) proved at a Level II hearing, the youth shall
not be assigned a disciplinary length of stay. However, if more than one disposition
option was requested (with appropriate and specific notice to the youth),
such dispositions may be assessed if the hearing manager determine that such
dispositions are appropriate despite the finding of extenuation.
(27)
[
(28)
[
(29)
[
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 May 10, 2004.
TRD-200403140
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 20, 2004
For further information, please call: (512) 424-6301
37 TAC §§111.1, 111.7, 111.9, 111.11, 111.13, 111.15, 111.17, 111.21, 111.25, 111.35, 111.45
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Youth Commission or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Youth Commission (TYC) proposes the repeal
of §§111.1, 111.7, 111.9, 111.11, 111.13, 111.15, 111.17, 111.21,
111.25, 111.35, and 111.45, regarding contracting for services other than
youth services. The repeal of the sections will allow the agency to publish
one specific chapter relating to contracts.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the repeal is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the repeal.
Mr. McCullough also has determined that for each year of the first five
years the proposed repeal is in effect the public will benefit by being able
to access all agency rules relating to the purchase of goods and services
in one chapter. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the repeal as proposed.
No private real property rights are affected by adoption of this repeal.
Comments on the proposal may be submitted within 30 days of the publication
of this notice to DeAnna Lloyd, Policy Coordinator, Texas Youth Commission,
4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or e-mail to deanna.lloyd@tyc.state.tx.us.
The repeal is proposed under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to develop rules
appropriate to the proper accomplishment of its functions.
The proposed repeal implements the Human Resources Code, §61.034.
§111.1.Contracting for Services.
§111.7.Professional and Consultant Contracts.
§111.9.Architect and Engineer Contracts.
§111.11.Construction Contracts.
§111.13.Construction Contract Change Order Approval.
§111.15.Construction Project Operation Management Process and Resolution Forum.
§111.17.Historically Underutilized Business (HUBs).
§111.21.Training and Education Contracts.
§111.25.Student Intern Contracts.
§111.35.Contract Disputes and Protests.
§111.45.1st Choice--Recycled Content Products.
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 May 12, 2004.
TRD-200403218
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 20, 2004
For further information, please call: (512) 424-6301
The Texas Youth Commission (TYC) proposes new §§111.1, 111.7,
111.9, 111.11, 111.13, 111.15, 111.17, 111.31, 111.37, 111.39, 111.45, 111.49,
111.51, 111.57, 111.61, 111.73, 111.77, 111.81, and 111.87, relating to contracts.
The agency's contract rules relating to purchasing youth services are being
proposed as new rules under Chapter 111. Chapter 111 rules are also proposed
as new rules due to the reorganization and consolidation of these rules. The
reorganization and consolidation of Chapter 83 and Chapter 111 will allow
the agency to have one designated Chapter for all rules relating to contracts.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the new sections are in
effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the sections.
Mr. McCullough also has determined that for each year of the first five
years the new sections are in effect the public benefit anticipated as a result
of enforcing the sections will allow access of all agency rules relating to
the purchasing of goods and services in one Chapter. There will be no effect
on small businesses. There is no anticipated economic cost to persons who
are required to comply with the new sections as proposed. No private real
property rights are affected by adoption of the new sections.
Comments on the proposal may be submitted within 30 days of the publication
of this notice to DeAnna Lloyd, Policy Coordinator, Texas Youth Commission,
4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or e-mail to deanna.lloyd@tyc.state.tx.us.
Subchapter A. CONTRACTS FOR YOUTH SERVICES
37 TAC §§111.1, 111.7, 111.9, 111.11, 111.13, 111.15, 111.17
The new sections are proposed under the Human Resources Code, §61.034
and §61.037, which provides the Texas Youth Commission with the authority
to develop rules appropriate to the proper accomplishment of its functions.
The commission also has the authority to make reasonable efforts to ensure
that the expenditure of appropriations for the purchase of contract residential
care for youth be allocated to providers on a fixed monthly basis if it is
cost-effective and the number, type, needs, and conditions of the youth to
be served are reasonably constant.
The proposed new sections affect the Human Resources Code, §61.034.
§111.1.Purchasing Youth Services.
(a)
Purpose. The purpose of this rule is to establish the basic
requirements for purchasing youth services from residential and non-residential
services providers. Texas Youth Commission (TYC) may purchase residential
and non-residential care and treatment services to meet the needs of TYC youth.
(b)
Applicability. This rule applies to all youth services
that TYC purchases from public or private entities.
(c)
Criteria for Purchasing Youth Services.
(1)
Potential service providers will be identified through
assessments or accordance to §111.9 of this title (relating to Request
for Proposal). Criteria for determining the acceptability of providers include:
(A)
agency needs and budget;
(B)
service provider qualifications;
(C)
past experience (if any) with the service provider;
(D)
proposed cost;
(E)
accessibility of services to TYC youth; and
(F)
specific requirements for the desired services.
(2)
The director of juvenile corrections will use the following
criteria when determining which purchases of youth services require a contact:
(A)
TYC's specifications for the services;
(B)
professional qualifications;
(C)
the use of the service; and
(D)
other criteria as appropriate for the particular purchase.
(3)
Each purchase of youth services must have at least the
following documentation:
(A)
description of services;
(B)
payment terms and conditions;
(C)
approvals or authorizations;
(D)
invoice from service provider; and
(E)
certification that services have been received.
(d)
Contracting for Residential Services.
(1)
Residential service providers must be licensed or certified
under:
(A)
TYC's Core Standards; or
(B)
Texas Department of Family and Protective Services (DFPS)
Standards; or
(C)
Texas Department of Mental Health and Mental Retardation
(MHMR) Community Standards; or
(D)
Texas Commission on Alcohol and Drug Abuse (CADA) Standards;
or
(E)
Texas Department of Health (TDH) Standards; or
(F)
Texas Rehabilitation Commission (TRC) Standards; or
(G)
Texas Juvenile Probation Commission (JPC) Standards; or
(H)
other standards as determined by the appropriate juvenile
corrections director.
(2)
Residential service providers must agree to provide services
as set forth in their response to the statement of work or accordance to §111.9
of this title.
(3)
Residential service providers must agree to all terms and
conditions in the contract for services.
(4)
Contracts will not be automatically renewed:
(A)
Recommendations for renewing contracts will be based on
evaluations of performance and service delivery according to the Residential
Contract Monitoring criteria.
(B)
TYC will negotiate with service providers whose contracts
are recommended for renewal concerning the:
(i)
types and quality of services to be provided during the
renewal period;
(ii)
terms and conditions for providing these services;
(iii)
rates TYC will pay for the requested service.
(C)
TYC will not renew a contract if negotiations do not result
in the desired types and quality of services or the rate is not agreed upon.
(e)
Contracting for Non-Residential Services.
(1)
The following non-residential services must have a written
contract:
(A)
parole services;
(B)
chemical dependency follow-up services;
(C)
emotionally disturbed follow-up services;
(D)
sex offender follow-up services;
(E)
MHMR services;
(F)
youth advisor;
(G)
speech therapist;
(H)
diagnostician;
(I)
GED services;
(J)
youth job training or employment;
(K)
interpreter services;
(L)
psychological evaluations for youth at designated residential
placements;
(M)
airport assistance services for youth in transit; or
(N)
other services as determined by the appropriate juvenile
corrections director.
(2)
Non-residential service providers must meet the basic qualifications
for providing the requested services.
(3)
Non-residential service providers must agree to all terms
and conditions in the contract for services.
(4)
Contracts for non-residential services will not be automatically
renewed:
(A)
Recommendations for renewing contracts will be based on
evaluations of performance and service delivery according to contract expectations.
(B)
TYC will negotiate with the service providers whose contracts
are recommended for renewal concerning the:
(i)
types and quality of services to be provided during the
renewal period;
(ii)
terms and conditions for providing the requested services;
and
(iii)
rates TYC will pay for the requested services.
(C)
TYC will not renew a contract if negotiations do not result
in the desired types and quality of services or the rate is not agreed upon.
(f)
Contracts may be for a term up to two (2) years unless
otherwise specified in §111.9 of this title.
(g)
Contracts may be amended for good cause:
(1)
TYC or the service provider may request amendments;
(2)
amendments requested by service providers will not be automatically
approved. Designated TYC staff will evaluate proposed amendments and make
a recommendation to the appropriate juvenile corrections director. Criteria
for evaluating proposed amendments include:
(A)
agency needs and budget;
(B)
quality of current services received from service provider;
(C)
significance of proposed amendment to overall level of
service; and
(D)
other criteria appropriate for the circumstances.
(3)
TYC may negotiate with the service provider about the terms
and conditions of the proposed amendment.
(h)
A contract must be executed prior to the funds being obligated
or services received, except in an emergency. In an emergency, the approval
must be obtained from the appropriate juvenile corrections director as soon
as possible.
(i)
Purchasing Youth Services Not Requiring a Contract.
(1)
The following purchases of youth services will not require
a contract:
(A)
medical services for youth in TYC's residential contract
programs (e.g., physicians, hospitals, dentists, pharmacies, etc.);
(B)
independent living subsidies as outlined in §87.23
of this title (relating to Subsidized Independent Living);
(C)
financial assistance as outlined in §91.49 of this
title (relating to College/Technical Institute Financial Assistance);
(D)
transportation as outlined in the Human Resource Code §61.082
and bus tokens or passes for local transportation; and
(E)
individual purchases (not define above) under $500.00.
(2)
The chief local administrator (CLA) is responsible for
developing and implementing a control system for facilities and offices purchasing
youth services not requiring contract. The control system must include:
(A)
procedures for approval process for obligating funds or
receiving services;
(B)
procedures for training TYC staff and service providers;
(C)
procedures for documentation process on purchases of youth
services;
(D)
procedures for authorizing medical services;
(E)
procedures for payment of medical services; and
(F)
other procedures that the CLA deems appropriate.
(3)
The CLA assigns an appropriate staff responsible for authorizing
purchasing youth services not requiring a contract.
§111.7.Rate Setting for Youth Service Contracts.
(a)
Purpose. The purpose of this rule is to establish the basis
on which Texas Youth Commission (TYC) will set rates of payment for contracted
youth services.
(b)
All rates will be established either through negotiations
between TYC and the service provider; or through an appropriate competitive
process; or if hourly fees, based on fair, reasonable and consistent rates
which are the usual and customary fees for such services and by providers
with demonstrated competence and qualifications.
(c)
Except where payment is fixed, rates and payments for residential
services are made on a per day per youth basis for all contract services for
each contract cycle.
(d)
Fixed monthly payments are not made for non-residential
services.
§111.9.Request for Proposal.
(a)
Purpose. The purpose of this rule is to establish a procurement
process for residential programs, parole supervision and services, or non-residential
services through the request for proposal (RFP) process.
(b)
RFP Process.
(1)
The appropriate juvenile corrections director or designee
will be the contracting officer and will initiate the RFP process.
(2)
The contracting officer:
(A)
develops the RFP and criteria for screening and evaluating
proposals with input form TYC staff with expertise in the components of the
RFP;
(B)
establishes the RFP timetable;
(C)
selects a Review Committee for each RFP;
(D)
ensures the Review Committee are aware of their responsibilities;
and
(E)
coordinates the evaluating and awarding process.
(3)
The Review Committee will document their evaluations of
RFPs and include explanations that are clear, concise, and pertinent.
(c)
Notification of Requests for Proposal.
(1)
All RFPs will be published in the
Texas Register
and will be listed in the Texas Marketplace.
(2)
RFP information packets will be provided to all vendors
responding to the notification.
(d)
Screening and Approving Proposals.
(1)
Information regarding a RFP must be submitted to TYC by
the due date.
(2)
Proposals are screened and evaluated according to the timetable
and criteria established for each RFP.
(3)
The TYC executive director shall make the final selection
decision.
(e)
Appeal Process. Unsuccessful applicants may appeal the
award of the contract.
(1)
An unsuccessful applicant has five (5) working days after
being notified of the contracting decision to submit an initial appeal to
TYC's contracting officer. This appeal will be in writing and include a concise
statement of the facts relied upon by the unsuccessful applicant and the type
of remedy sought.
(2)
The contracting officer will review the initial appeal
and submit a decision in writing within five (5) working days of receipt.
§111.11.Start-Up Funds.
(a)
Purpose. The purpose of this rule is to provide an established
method for the awarding of funds to private interests in order to ensure the
development of additional private programs designed to meet the demand for
services for youth in the Texas Youth Commission (TYC) care.
(b)
Explanation of Terms Used.
(1)
Start-up funds--funds which are authorized to be paid by
TYC to assist in establishing programs owned and operated by private organizations
which agree to provide services to delinquent youth committed to the agency.
(2)
Request for Proposal (RFP)--a document and a process for
requesting bids for providing specified services to TYC. It is used in a competitive
procurement process for selecting a qualified and competent service provider.
(3)
Funding agreement--a contractual agreement between TYC
and a selected party which establishes the need for and conditions under which
start-up funds will be awarded and may be expended.
(4)
Advance payments--payments to service providers prior to
the completion of the monthly services having been rendered.
(5)
Fixed payments--fixed monthly payments to service providers
based on a daily rate per bed and a predetermined number of youth, even though
fewer youth may actually be in the program.
(6)
Contract for services--an agreement between TYC and a service
provider which provides for payment at a specified daily rate for services
for TYC youth.
(7)
Letter of credit--a guarantee by a service provider's bank
that in the event of default on a contract for services, payment will be made
when the proper documents are tendered to the service provider's bank by TYC.
(8)
Default--failure to perform a legal obligation required
by contract.
(c)
Start-up Funds Requirements.
(1)
All start-up funds paid to service providers over and above
payments for services must be awarded through a RFP process.
(2)
Start-up funds shall be requested through a proposed budget
with narrative justifications. Requests for funds are restricted to those
funds necessary to make the program operational. Unjustified amounts will
not be awarded.
(3)
Start-up funds will be competitively evaluated and awarded
based on the total cost of services including the per diem rate, fixed number
of beds and all related financial conditions and obligations.
(4)
Start-up funds may not exceed a reasonable value per new
bed. The start-up funds are awarded in consideration of the contract for services
and the new beds made available for TYC youth.
(d)
Start-up Fund Payments.
(1)
All start-up funds must be expended and request for reimbursement
made within the first 12 months of the contract for services.
(2)
Start-up funds will be paid monthly based on the expenditures
reflected in the service provider's monthly expenditure report and in accordance
with the approved start-up budget.
(3)
Invoices or appropriate documentation must be submitted
to TYC with all requests for payment. No expenditures will be reimbursed unless
within the approved budget.
(e)
Allowable and Unallowable Costs. TYC has determined that
certain expenses are allowable and others are not.
(1)
Allowable costs.
(A)
Salaries necessary to start-up of program;
(B)
travel expense, not to exceed state limits;
(C)
training;
(D)
purchase of equipment;
(E)
TYC approved renovations to program sites;
(F)
rental of buildings, vehicles or equipment; and
(G)
other appropriate reasonable and necessary direct costs.
(2)
Unallowable costs.
(A)
Entertainment expense;
(B)
purchase of real property, i.e. land, buildings;
(C)
any cost relating to preparation of proposal, including
letter of credit;
(D)
overhead or indirect costs;
(E)
items not described in proposed budget and narrative; and
(F)
operating capital or cash reserves.
(f)
Monitoring.
(1)
TYC staff shall monitor the start-up progress in accordance
with the terms of the start-up funding agreement, the contract for services,
and the bidder's final proposal as approved by the agency.
(2)
TYC staff will begin monitoring the use of start-up funds
on the date the funding agreement commences.
(3)
The TYC staff responsible for start-up monitoring must
approve and sign all purchase vouchers for start-up funds and ensure that
appropriate goods and services have been received.
(4)
TYC shall conduct a financial audit of all start-up funding
contracts prior to close out and release of the letter of credit.
(g)
Security.
(1)
Start-up funds shall be secured through a letter of credit
and a lien on property and equipment, when applicable.
(2)
The letter of credit may have a decreasing monthly balance
based on the contracted months of service beginning with the first operational
month.
(h)
Default.
(1)
In the event of default, the amount of start-up funds which
should be repaid will be based on the total start-up funds paid, less the
amount of start-up funds earned up to the date of default.
(2)
Start-up funds considered to have been earned will be based
on the number of months of service for the contracted number of beds actually
rendered up to the point of default.
(i)
Payment for Contracted Services.
(1)
Contracts for services shall not provide for advance payments.
Service providers are expected to have a minimum of one month's operating
capital available from other sources in order to secure the financial stability
of the program. Additional funds necessary to operationalize a program should
be requested in the start-up funding budget.
(2)
Contracts for services shall not have fixed payments for
more than ninety percent (90%) of the contracted average daily population
(ADP).
(3)
The start-up funding agreement shall establish a maximum
time frame allowed within which a program must become operational.
(4)
The start-up funding agreement and the contract for services
shall establish a service period after the program becomes operational.
§111.13.Quality Assurance of Contract Programs.
(a)
Purpose. The purpose of this rule is to establish a Quality
Assurance Program, including sanctions, whereby the Texas Youth Commission
(TYC) ensures compliance with contract and service delivery requirements by
service providers.
(b)
Applicability. This rule applies to all public or private
entities with which TYC has a contract for youth services.
(c)
Explanation of Terms Used.
(1)
On-Site Visit--a visit by TYC staff to a service provider.
The visit may or may not be announced.
(2)
Technical Assistance--the assistance, advice or training
that TYC staff offer in areas of contract implementation, performance standards,
clarification, problem analysis, staff training, financial procedures, and
program implementation.
(3)
Monitoring--a formal review of the service provider's compliance
with contract terms quality of service delivery.
(4)
Sanctions--actions taken by TYC to address a service provider's
non-compliance with TYC contract requirements or deficient service delivery.
(5)
Corrective Action Plan--corrective action plans are used
to communicate recommendations by TYC staff to remedy non-compliance with
contract requirements or improve service delivery.
(6)
Evaluation--a process used to measure the quality and effectiveness
of service delivery.
(7)
Performance Measure Rating--a residential service provider's
performance on the four most recent quarterly Performance Measure Reports.
(8)
Below Standards Performance Measure Rating
(A)
For emergency shelters, two or more performance measures
below standard on at least two of the four most recent quarterly Performance
Measure Reports.
(B)
For other residential service providers, three or more
performance measures below standard on at least two of the four most recent
quarterly Performance Measure Reports.
(9)
Risk Assessment--a process by which service providers are
ranked by specific factors that present the greatest risk to TYC's resources
and responsibility.
(d)
TYC will periodically monitor all public and private entities
it has contracted with to place TYC youth by using a risk assessment methodology.
(e)
TYC shall establish a monitoring schedule based on risk.
Higher risk programs shall be monitored more frequently than lower risk programs.
The schedule may be shared with service providers.
(f)
TYC will use four response levels to address non-compliance
with contract terms or deficient service delivery detected through the quality
assurance program. The four response levels are:
(1)
Level 1--Technical Assistance. Informal efforts to resolve
issues that have not been resolved through the routine discussions between
TYC staff and the service provider.
(2)
Level 2--Corrective Action Plan. Corrective action plans
are used to communicate recommendations by TYC staff to remedy non-compliance
with contract requirements or improve service delivery.
(3)
Level 3--Minor Sanctions. TYC may use the following minor
sanctions:
(A)
letter to the service provider's management, or other appropriate
persons in the service provider's chain of command, documenting recommendations
to remedy non-compliance with contract requirement or improve service delivery
with due dates for implementation; or
(B)
conference between TYC and the service provider's management.
(4)
Level 4--Major Sanctions. TYC may use one or more of the
following major sanctions:
(A)
moratorium on placements;
(B)
limited contract period on renewals;
(C)
removal of youth;
(D)
withhold payments;
(E)
assess liquidated damages;
(F)
draw on a performance bond;
(G)
contract termination; or
(H)
other sanctions as appropriate for the circumstances.
(g)
Combination of Response Levels.
(1)
TYC may develop the appropriate response by using components
from the different response levels.
(2)
The quality assurance (QA) administrator must approve any
combination of components from Levels 1 - 3.
(3)
The appropriate juvenile corrections director must approve
any combination of levels which includes Level 4 sanctions.
(h)
TYC will use one or more of the following criteria to select
the appropriate response level, or combination of components from different
levels, to address instances of non-compliance or deficient service delivery:
(1)
extent of progress toward implementing a corrective action
plan;
(2)
timely implementation of recommendations in a corrective
action plan;
(3)
significance of non-compliance to service delivery;
(4)
level of performance on one or more measures in the current
quarter's Performance Measure Report;
(5)
performance measure rating for the current quarter;
(6)
potential impact on health, safety, or welfare of TYC youth;
(7)
potential impact on the safety of the community;
(8)
length of time that deficiencies have existed;
(9)
potential for fraud, waste or abuse of financial resources;
or
(10)
other criteria appropriate for the circumstances.
§111.15.Variance/Waiver Requests.
(a)
Purpose. The purpose of this rule is to allow for variances
and waivers of the terms or conditions in contract agreements between the
Texas Youth Commission (TYC) and a service provider when conditions warrant
such changes and is in the best interest of the agency.
(b)
Explanation of Terms Used.
(1)
Variance--permission for the service provider to meet the
intent of a standard or contractual agreement through some means other than
that stated in the standard or the contract.
(2)
Waiver--permission for the service provider not to comply
with the stated standard.
(c)
The appropriate juvenile corrections director determines
whether or not to grant a variance or waiver request.
(d)
TYC may permit variances and waivers at the discretion
of the agency.
(e)
Variance and waivers shall be time limited and may be considered
for renewal through a new request.
(f)
A service provider may request a variance or waiver by
submission of the Service Provider Variance/Waiver Request form. TYC staff
will provide the request form to the service provider. The request must include
the specific standard or contract requirement, the time period, and justification
for the request. The provider may be asked to provide additional information.
(g)
The service provider shall receive in writing a response
to the request. The service provider may be asked to agree to other stipulations
as a condition of approval. Administrative appeals will not be available for
disapprovals.
§111.17.Private Sector Involvement.
(a)
Purpose. The purpose of this rule is to provide for private
sector involvement in the development of the Texas Youth Commission (TYC)
contract program administration operations by encouraging comments and opinions
from interested segments of the private sector.
(b)
TYC quality assurance administrators shall regularly schedule
service provider meetings to:
(1)
obtain input regarding implementing new operations relating
to contract services;
(2)
encourage the private sector to communicate suggestions
for improved efficiency and effectiveness of contract operations.
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 May 12, 2004.
TRD-200403213
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: June 20, 2004
For further information, please call: (512) 424-6301
Chapter 83.
PURCHASING YOUTH SERVICES
Chapter 95.
YOUTH DISCIPLINE
(3)
] admission to a behavior management
program (BMP);
(4)
] admission to the aggression
management program (AMP);
(5)
] with a few exceptions in procedure:
,
] which made it impossible, impractical, or inappropriate to schedule
the hearing.
level II
], the hearing
shall be conducted within ten (10) days from date of admission to detention.
A delay of more than ten (10) days in conducting the hearing must be justified
by documentation of circumstances[
,
] which made it impossible,
impractical, or inappropriate to conduct the hearing earlier.
(9)
] Reasonable efforts shall be
made to inform the youth's parent(s) of the time and place of the hearing
not less than 24 hours prior to the hearing.
(10)
] The hearing shall consist
of two parts: fact-finding and disposition, and shall be held where the youth
resides unless the hearing manager determines that some other site is more
appropriate. During the fact-finding portion of the hearing, only evidence
concerning the alleged misconduct may be considered; the youth's prior behavior
shall not be considered unless disposition is reached.
(11)
] The youth shall be assisted
by an informed and responsible advocate
. The youth shall be given the
opportunity to choose an advocate. The youth's choice shall be honored unless
there is a showing of unavailability for any reason. If the youth makes no
choice, or their first choice is unavailable for any reason, the hearing manager
shall appoint the advocate
[
appointed by the hearing manager
].
In cases where the youth is not proficient in the English language, the appointed
advocate shall be proficient in English as well as the primary language of
the youth or an interpreter shall be used.
(12)
] The hearing shall be tape-recorded
and the recording shall be the official record of the hearing. The tape-recording
and the hearing packet shall be preserved for six (6) months following the
hearing.
(13)
] The youth shall be present
during the hearing unless he waives his presence or his behavior prevents
the hearing from proceeding in an orderly and expeditious fashion.
(14)
] A victim who appears as a
witness should be provided a waiting area where he is not likely to come in
contact with the youth except during the hearing.
(15)
] Witnesses shall take an oath
prior to testifying.
Witnesses may testify by telephone or videoconference
if in-person testimony is impractical or unfeasible. If testimony is provided
by phone, persons required to be present at the hearing must be able to simultaneously
hear the testimony.
(16)
] The hearing manager, PSW,
and advocate may question each witness in turn. The PSW and advocate may offer
summation statements.
(17)
] To protect the confidential
nature of the hearing, persons other than the youth, the youth's advocate,
staff representative, and the youth's parent(s) may be excluded from the hearing
room at the discretion of the hearings manager
;
[
,
] however
,
any person except the youth's advocate may be excluded from the hearing
room if
his/her
[
their
] presence causes undue disruption
or delay of the hearing. The reason(s) for the exclusions are stated on the
record.
(18)
] With the exception of the
youth, any person designated as a witness may be excluded from the hearing
room during the testimony of other witnesses and may be instructed to refrain
from discussing his/her testimony with anyone until all the witnesses have
been dismissed.
(19)
] The hearings manager may
permit a witness to testify outside the presence of the youth if such appears
reasonable and necessary to secure the testimony of the witness. If the youth
is excluded from the hearing room during testimony, the advocate for the youth
shall be present during the testimony and shall have the opportunity to review
the testimony with the youth before questioning the witness.
(20)
] The youth shall not be called
as a witness unless, after consulting with the advocate, he/she waives his
right to remain silent on the record. Neither the hearing manager
nor
[
or
] the PSW may question the youth unless he/she waives
the right to remain silent.
(21)
] All credible evidence may
be considered, irrespective of its form.
(22)
] The standard of proof for
all disputed issues is a preponderance of the evidence.
(23)
] The hearings manager may[
, for good cause,
]recess or continue the hearing for such period(s)
of time as may be necessary to insure an informed and accurate fact-finding
or to secure evidence the hearing manger determines may be relevant
.
(24)
] The hearing manager will
announce his findings of fact.
(25)
] If there is
a
finding
of true, the hearing manager shall proceed to disposition and
provide
the youth an opportunity to present extenuating circumstances. If no extenuation
is found, the hearing manager shall
order the disposition recommended
by the staff representative unless the hearing manager finds extenuating circumstances.
(A)
A hearing manager's decision that a youth
be transferred is final.
]
(B)
] A hearing manager's decision
to assign a disciplinary minimum length of stay (with or without a transfer)
is final subject to approval by the appropriate director of juvenile corrections
or designee. [
If, subsequent to the assignment of a disciplinary minimum
length of stay, the appropriate director of juvenile corrections disapproves
the assignment, neither the assignment nor a transfer may then occur.
]
(C)
] A hearing manager's decision
that a youth will be transferred
, demoted one or more phases, and/or
admitted to
[
and/or an assigned a length of stay in
]a disciplinary
segregation program is final subject to an appeal by the youth.
(26)
] The hearing manager shall
prepare the Hearing Manager's Report of a Level II Hearing form, CCF-170,
of his findings which includes grounds for the hearing
,
[
and
] evidence relied upon
,
and the decision.
(27)
] The youth is informed of
his/her right to appeal to the executive director at the close of the hearing.
The pendency of an appeal shall not preclude implementation of the hearing
manager's dispositional decision.
(28)
] A copy of the report (CCF-170)
is given to the youth immediately following the close of the hearing.
Chapter 111.
CONTRACTING FOR SERVICES OTHER THAN YOUTH SERVICES
Chapter 111.
CONTRACTS
Subchapter B. CONTRACTS FOR OTHER THAN YOUTH SERVICES