Part 3.
TEXAS YOUTH COMMISSION
Chapter 87.
TREATMENT
Subchapter A. PROGRAM PLANNING
The Texas Youth Commission (the commission) proposes the repeal of §87.3,
concerning Resocialization Program. The rule proposed for repeal is proposed
for re-adoption as new §87.2.
The commission simultaneously proposes new §87.2 and §87.3. The
new §87.2 is necessary in order to allow for new §87.3 to be proposed
in the correct numbering sequence. The new §87.3 will outline specific
criteria in the areas of Academic/Workforce Development (A), Behavior (B)
and Correctional Therapy (C) in which a youth must demonstrate competency
to be promoted and to identify how the process of assessment is conducted.
A youth can earn release/transition from high and medium restriction placement
by progressing through the Phases system in the commission's Resocialization
Program.
Robin McKeever, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the sections are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the sections.
Neil Nichols, General Counsel, has determined that for each year of the
first five years the sections are in effect the public benefit anticipated
as a result of enforcing the sections is to hold youth accountable to demonstrate
a change in behavior that can be sustained in the community. There will be
no effect on small businesses. There is no anticipated economic cost to persons
who are required to comply with the sections as proposed. No private real
property rights are affected by adoption of these rules.
Comments on the proposal may be submitted within 30 days of the publication
of this notice to DeAnna Lloyd, Chief of Policy Administration, Texas Youth
Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or email
to deanna.lloyd@tyc.state.tx.us.
37 TAC §87.2, §87.3
The new sections are proposed under the Human Resources Code, §61.076,
which provides the commission with the authority to require youth in its care
to participate in academic and correctional training and activities.
The proposed rules affects the Human Resources Code, §61.034.
§87.2.Resocialization Program.
(a)
Purpose. The purpose of this rule is to identify the agency's
philosophy and approach to rehabilitation of juvenile delinquents in order
to reduce future delinquent behavior and increase accountability of the youth
and programs.
(b)
Explanation of Terms Used.
(1)
Resocialization program--the basic program implemented
in all Texas Youth Commission (TYC) facilities.
(2)
Phases of resocialization--five competency based phases
in the resocialization program used to determine a youth's progress in the
program.
(3)
Phases checklist--standardized list of measurements used
at every program for individual determination of phase completion.
(c)
Each TYC facility will maintain a program of resocialization
consisting of four cornerstones: correctional therapy, education, discipline
and work.
(d)
All aspects of the TYC resocialization program will be
competency based with clearly defined performance expectations. Individual
progress will be measured monthly and be based on all identified treatment
needs and strengths.
(e)
Phases of resocialization are progressive. Youth will
be assessed by a treatment team at each residential placement for the appropriate
phase. Parole youth will be assessed by the assigned parole officer. Higher
phases are associated with increased expectations of responsibility and decreased
need for direct staff supervision.
(f)
TYC facilities shall maintain a structured 16-hour day
for all youth. During each day, the youth will work on components of the resocialization
program.
(g)
TYC facilities shall provide for and youth will participate
in a structured, individually appropriate educational program or equivalent.
(h)
TYC facilities shall provide and eligible youth may participate
in work experiences.
(i)
TYC facilities shall provide and youth will participate
in regular physical training programs.
(j)
TYC facilities shall provide and youth will participate
in correctional therapy. Therapy will consist of three types of required group
sessions for all youth. Participation in behavior, core intervention, and
life skills groups will be required.
(k)
Staff responsible for provision of resocialization service
delivery will receive appropriate training and certification.
§87.3.Resocialization Phase Requirement and Assessment.
(a)
Purpose. A TYC youth earns release/transition from high
and medium restriction placements by progressing through a Phases system that
has been developed to measure progress in the Resocialization program. The
purpose of this rule is to outline the specific criteria in the areas of Academic/Workforce
Development, Behavior and Correctional Therapy in which a youth must demonstrate
competency to be promoted and to identify how the process of assessment is
conducted on a monthly basis.
(b)
Applicability. Provisions of this policy do not apply
to youth in contract care programs that are not required to provide Resocialization
treatment.
(c)
Explanation of Terms Used.
(1)
Academic/Workforce Development (A)--Youth are assessed
on their ability to participate in programs related to academic and vocational
skills development and participation in actual work. This may occur from the
elementary school level to the college level. Youth engaged in work training
and/or paid employment are assessed in this area.
(2)
Behavior (B)--Youth are assessed on their ability to manage
their behavior and follow a set of established and reasonable rules in accordance
with §95.1 of this title (relating to Discipline System Overview) and §95.3
of this title (relating to Rules of Conduct).
(3)
Correctional Therapy (C)--Youth are assessed on their
progress through a treatment program that requires they develop an understanding
of the motivators of their delinquent behaviors, and develop alternative non-delinquent
behaviors and values as well as a detailed plan to succeed in the community
after release.
(4)
Indicators--Each main and sub-objectives is broken down
into several smaller parts that clarify and define the objective. When all
indicators are mastered, the objective is considered complete for that phase.
There are indicators in the Academic/Workforce Development and Correctional
Therapy areas.
(5)
Main Objective--Specific objectives related to the most
important concept or skill necessary to complete a phase in the Academic/Workforce
Development and Correctional Therapy areas. In the Academic/Workforce Development
area there may be two (2) main objectives per phase if the youth is in school
and employed at a job. In Correctional Therapy there is one main objective
per phase.
(6)
Phase Assessment Team (PAT)--The PAT is responsible for
conducting the youth's phase assessment on a monthly basis. It includes staff
members who are knowledgeable of the youth's performance. The chief local
administrator appoints the PAT members. The members must include a juvenile
corrections officer (JCO) supervisor, an education representative and the
youth's primary service worker (PSW).
(7)
Phases--The measure of progress in each of the three areas
beginning with phase 0 and ending with phase 4 in the A, B, and C areas as
defined above. Phases are progressive and competency based. Youth may progress
in each area at different rates. Phase related privileges are calculated based
upon the lowest earned phase in the three (3) areas. Increases in phase are
associated with increases in privileges. A completed phase is defined as completion
of all main and sub objectives in the Academic/Workforce Development, Behavior
and Correctional Therapy areas.
(8)
Qualified Professional Staff--a qualified professional
staff is considered a psychologist, psychiatrist or other licensed health
care professional and an educational diagnostician. Other educational professional
staff can be considered as a qualified professional staff only with the approval
from the director of clinical services.
(9)
Remediate--After earning an indicator(s) for specific
identified Academic/Workforce Development or Correctional Therapy objectives
a youth will be expected to continue to demonstrate competence in that area
over time. Youth who do not continue to demonstrate competency on specific
indicators may be placed on remediation. If placed on remediation, youth must
meet the criteria for that indicator during the subsequent monthly assessment
period to avoid losing credit for that indicator and possible demotion. Youth
on remediation will have specific objectives incorporated in their Individual
Case Plan (ICP) to assist them in meeting the specific indicator criteria.
(10)
Special Circumstances--Special conditions allow the PAT
to exercise discretion and to consider individual circumstances when making
decisions in the Behavior area. These circumstances may be applied when the
number of documented rule violations in a monthly period would require a youth
be retained or demoted in the Behavior area. By using special circumstances,
the PAT would allow a youth to be retained or promoted instead of demoted
because of specific mitigating circumstances. There are five (5) special circumstances
that may be applied at the PAT's monthly meeting. The PAT may use special
circumstances 1-4, if all members of the team agree. The fifth special circumstance
is reserved for qualified professional staff and allows retention or promotion
based upon clinical assessment of the needs of the youth. This special circumstance
must be used if recommended by the qualified professional staff and does not
require the consensus of the PAT. Special circumstances are used only for
the Behavior area and may be used when the PAT determines that the youth has:
(A)
made efforts to improve, as indicated by a decrease in
the frequency and/or severity of rule violations during the current assessment
period;
(B)
demonstrated the use of skills in most areas, as indicated
by the occurrence of rule violations only in isolated areas;
(C)
attempted to change problem behaviors, as indicated by
the youth's responsiveness to staff interventions in Behavior Groups, huddle-ups,
disciplinary actions and the like; and
(D)
contributed to a positive culture despite the rule violations,
as indicated by the youth's doing more than expected in other areas, such
as making amends, helping staff and other youth, being receptive to feedback.
The fifth special circumstance is applied when it is determined by a qualified
professional staff that the youth: Acted under conditions that make it relatively
more difficult for the youth to meet the criteria, as indicated by the existence
of emotional disturbance, impulse control disorder, learning disability, attention
deficit disorder, language barrier, immaturity, but only when the youth has
complied with specific treatment recommendations. This circumstance may also
be used to mitigate the effect of a Category I rule violation under certain
circumstances.
(11)
Sub-Objectives--Specific objectives that contribute to
or broaden the understanding of the main objectives for a given phase. There
may be several sub-objectives associated with a main objective. There are
sub-objectives in the Academic/Workforce Development and Correctional Therapy
areas.
(d)
Phase Requirements for Promotion.
(1)
Academic/Workforce Development. To successfully complete
phases 1-4, the youth is required to complete the following main and sub-objectives
during each monthly phase assessment period.
(A)
Main Objective.
(i)
complete all required tests when scheduled. This includes,
but is not limited to, completing the Test of Adult Basic Education (TABE)
pre-test, Workforce/Career & Technology aptitude and interest surveys,
other assessments appropriate for students needing special education or English
as a second language (ESL) and appropriate General Educational Development
(GED) tests based upon youth's age and ability. Takes other classroom tests
or quizzes as assigned by the by the classroom teacher;
(ii)
follow all test administration instructions as defined
or interpreted by the test administrator;
(iii)
youth's performance on all tests must be consistent
with expectations as determined by teachers and the educational diagnostician
or an appropriate educational staff. Expected performance is based upon comparison
with prior test results and current functioning as observed by teachers and
the educational diagnostician or an appropriate educational staff; and
(iv)
youth employed in compensated work programs must also
perform all expected job duties and work objectives as defined by the work
supervisor, demonstrate positive work behavior on the job by following work
and break schedules, following supervisors instructions and working as part
of a team when necessary, make reasonable efforts to learn job requirements
and require decreasing direct work supervision over time.
(B)
Sub-Objectives.
(i)
shows progress on all daily Academic/Workforce Development
tasks and assignments by staying on task in all classes a minimum of 70% of
the time;
(ii)
shows progress toward Academic/Workforce Development
curriculum (elementary or secondary TEKS, GED, CATE, college or work daily
assignments) by mastering specific curriculum objectives so that the youth
will achieve educational six (6) week objectives; and
(iii)
achieves passing grades of at least 70% on all classroom
assignments based upon each classroom teacher's judgment of the youth's individual
ability.
(2)
Behavior.
(A)
To successfully complete Behavior phases 1-4, the youth
is required to have no Category I rule violations pursuant to §95.3 of
this title and have no more than the following number of Category II rule
violations pursuant to §95.3 of this title, during each monthly assessment
period:
(i)
Phase 1--no more than seven (7) Category II rule violations
if in a high restriction placement and no more than six (6) Category II rule
violations if in a medium restriction facility.
(ii)
Phase 2--no more than five (5) Category II rule violations
if in a high restriction placement and no more than four (4) Category II rule
violations if in a medium restriction facility.
(iii)
Phase 3--no more than three (3) Category II rule violations
if in a high restriction placement and no more than two (2) Category II rule
violations if in a medium restriction facility.
(iv)
Phase 4--no more than one Category II rule violations
if in a high restriction placement and no more than one Category II rule violations
if in a medium restriction facility.
(B)
Youth may be retained or promoted in Behavior phase, with
an excessive number of Category II rule violations, if the PAT elects to apply
special circumstances during the monthly PAT meeting.
(3)
Correctional Therapy. Requirements for completion of Correctional
Therapy phases vary with each phase.
(A)
Phase 1. To successfully complete this phase, during any
monthly assessment period, the youth is required to complete all assigned
exercises in a Resocialization Workbook and all of the following main objective
and sub-objectives:
(i)
Main Objective. The youth will:
(I)
discuss from memory in Core Group the definition of a
Life Story and state why it is a required part of treatment;
(II)
discuss from memory in Core Group the definition of the
Offense Cycle and state how it can be used to prevent delinquent behaviors;
(III)
discuss from memory in Core Group each the definition
of a Success Plan and state what changes need to be made to be successful
and why it makes sense to plan for the future; and
(IV)
recite from memory the major program rules in Core Group
and state the reasons for having rules.
(ii)
Sub-Objectives.
(I)
Thinking Errors--defines the nine (9) "Thinking Errors"
in Core Group and states how Thinking Errors are associated with delinquent
behaviors.
(II)
Empathy
(-a-)
Defines "Empathy" in Core Group.
(-b-)
Identifies and uses personal feeling words.
(III)
Values
(-a-)
Defines the meaning of "Values" in Core Group.
(-b-)
Gives personal examples of personal values.
(IV)
Layout--in Core Group will present, from memory, the
Basic Layout; explains the three (3) reasons for completing a Layout.
(V)
Positive Skills
(-a-)
reports personal strengths and weaknesses (in Behavior
Group);
(-b-)
evaluates the costs and benefits of decisions made (in
Core Group);
(-c-)
identifies feelings related to receiving staff feedback
and disagreements in Core Group;
(-d-)
discusses how staff and peer feedback can be helpful
and will; and
(-e-)
identifies a skill that would help them address a problem
area.
(B)
Phase 2. To successfully complete this phase, during any
monthly phase assessment period, the youth is required to complete all assigned
exercises in a Resocialization Workbook and all of the following main objective
and sub-objectives:
(i)
Main Objective.
(I)
presents from memory to the Core Group their Life Story
that: Accurately describes significant events and feelings from birth through
commitment to the Texas Youth Commission (TYC);
(II)
uses feeling words to describe reactions to situations
involving other youth, victims, family members and others;
(III)
identifies significant unmet needs and how these needs
developed; and
(IV)
states the connection between unmet needs and how they
related to delinquent and criminal patterns of behavior.
(ii)
Sub-Objectives.
(I)
Thinking Errors
(-a-)
describes in Core Group, how Thinking Errors were used
to protect themselves from unpleasant feelings while growing up; and
(-b-)
identifies the ongoing use of Thinking Errors in both
self and others on a daily basis by appropriately confronting others and accepting
appropriate confrontation from others.
(II)
Empathy
(-a-)
uses feeling words in Core Group to describe reactions
to situations occurring in the Life Story as well as in day to day functions;
and
(-b-)
identifies and discusses in Core Group the thoughts
and feelings of others mentioned in the presentation of the Life Story and
in day to activity.
(III)
Values--in Core Group and during the presentation of
the Life Story will identify how values were learned.
(IV)
Layout
(-a-)
in Core Group will present, from memory a Life Story
Layout that includes the Basic Layout plus specific historical information
from the Life Story; and
(-b-)
will explain to Core Group why the Life Story information
is added.
(V)
Positive Skills
(-a-)
will identify strengths and weaknesses in Behavior Group
and describe how they relate to success;
(-b-)
will identify the cost and benefits of specific decisions
made in their lives and discuss why considering costs and benefits is important
in Core Group;
(-c-)
will Discuss how positive skills assist in handling
feedback and disagreements in Core Group; and
(-d-)
will identify two (2) positive skills to be practiced
during the following month and presented for discussion in Behavior Group.
(C)
Phase 3. To successfully complete this phase, during any
monthly phase assessment period, the youth is required to complete all assigned
exercises in a Resocialization Workbook and all of the following main objective
and sub-objectives:
(i)
Main Objective.
(I)
Present from memory to Core Group, a seven (7) step Offense
Cycle for the committing and/or classifying offense. The Offense Cycle is
presented from memory and meets specific criteria as follows:
(-a-)
includes all seven (7) steps in the Offense Cycle, accurately
stated, adequately detailed, and in the correct sequence;
(-b-)
includes an unmet need from the Life Story;
(-c-)
includes an accurate critical situation that is connected
to the unmet need;
(-d-)
states the thoughts and feelings involved in the internal
reaction step;
(-e-)
states the choices that could have been made in place
of the offense;
(-f-)
states actions, thoughts, and feelings involved in the
preparing to offend step;
(-g-)
describes the committing and/or classifying offense
in detail; and
(-h-)
states actions, thoughts, and feelings involved in the
avoiding consequences step.
(II)
After completing an Offense Cycle for the committing/classifying
offense, the youth must construct at least two (2) Offense Cycles for recent
behavioral problems. The Offense Cycle must:
(-a-)
identify a specific problem;
(-b-)
identify where in the cycle the youth might have interrupted
the cycle;
(-c-)
identify specific strategies or positive skills that
might have been used to interrupt the cycle; and
(-d-)
include a plan for using these strategies or positive
skills when faced with similar high-risk situations or "trigger" in the future.
(III)
After completing Offense Cycles on actual ongoing behavior
problems, the youth will demonstrate an ongoing ability to interrupt the cycle
to avoid the problem by:
(-a-)
identifying in Core Group, at least five (5) occasions
where the cycle was interrupted before the negative behavior occurred;
(-b-)
identifying in Core Group at what step the cycle was
interrupted;
(-c-)
describe the positive skills or strategies that were
used to interrupt the cycle; and
(-d-)
respond appropriately to confrontation or feedback from
the Core Group or staff.
(ii)
Sub-Objectives.
(I)
Thinking Errors
(-a-)
state in Core Group, the thinking error(s) used in each
step of the Offense Cycle; and
(-b-)
how the use of each thinking error allowed the avoidance
of responsibility for the behavior or avoidance of unpleasant feelings associated
with the behavior.
(II)
Empathy
(-a-)
discusses in Core Group, feelings and thoughts and long
and the short-term effects of the offense from the victim's perspective;
(-b-)
discusses in Core Group, the impact of the offense on
extended victims, including the youth's own family; and
(-c-)
discuss in Core Group, how empathy might prevent similar
behavior in the future.
(III)
Values
(-a-)
discuss in Core Group, how personal values will be used
to interrupt future Offense Cycles; and
(-b-)
discuss in Core Group, how values were used to help
interrupt, at least, two (2) Offense Cycles in the past month.
(IV)
Layout
(-a-)
in Core Group will present, from memory, an Offense
Cycle layout by adding victim the victim information to the Life Story Layout;
and
(-b-)
modifies the layout based upon feedback from the group
and explains to the group why the victim information is added to the Layout.
(V)
Positive Skills
(-a-)
in Behavior Group, will identify strengths and weaknesses
and describe how they relate to success;
(-b-)
in Core Group, will identify the costs and benefits
of the committing offense to the youth, his/her family, the victim, the victims
family, the community and him/herself;
(-c-)
makes decisions based upon the costs and benefits for
behaviors to the youth, peers and family;
(-d-)
discuss in Core Group feelings and reactions to feedback
and disagreements in the prior month and how Positive Skills were used to
handle the feelings; and
(-e-)
identifies three (3) positive skills to be practiced
during the following month and presented for discussion in Behavior Group.
(D)
Phase 4. To successfully complete this phase, during any
monthly phase assessment period, the youth is required to complete all assigned
exercises in a Resocialization Workbook and all of the following main objective
and sub-objectives:
(i)
Main Objective. Develop and present from memory to Core
Group, a Success Plan that includes:
(I)
individualized and realistic education, family, social,
personal and work goals that: reflect the knowledge, skills, and abilities
of the youth, and that link to specific and relevant unmet needs, support
values in pro-social ways; and address any ongoing psychiatric, medical, or
other specialized treatment needs);
(II)
a set of detailed, realistic specific plans to meet each
goal that includes multiple steps to reach the goal and identifies specific
resources available in the community; and
(III)
a description of barriers to success that includes specific
People, Places, Situations and Feelings, that are likely to be encountered,
and a plan to avoid these situations if possible or specific positive skills
to be used if they cannot be avoided.
(ii)
Sub-Objectives.
(I)
Thinking Errors
(-a-)
youth will self identify an process in Core Group any
Thinking Errors;
(-b-)
youth explains how the use of Thinking Errors may lead
to re-offending; and
(-c-)
youth will develop a plan to handle situations without
the use of Thinking Errors.
(II)
Empathy
(-a-)
demonstrates care and concern for others by providing
positive feedback to other youth in a positive manner;
(-b-)
identifies and confronts in an appropriate manner the
Thinking Errors used by other youth;
(-c-)
accepts confrontation and feedback from other youth
and staff;
(-d-)
makes amends for behaviors that victimize others by
stating how the victim felt as a result of the youth's behavior, apologizing
and making restitution when possible, stating how to prevent the victimizing
behavior in the future; and making a commitment and plan to stop the victimizing
behavior; and
(-e-)
states and gives examples of subtle ways of victimizing
others, and state sways the youth has made amends for it.
(III)
Values
(-a-)
states and give examples in Core Group of how values
fit into the Success Plan and how they support success in the community;
(-b-)
demonstrates on a daily basis how pro-social values
guide behavior on the campus; and
(-c-)
participates in community service if required by the
facility.
(IV)
Layout
(-a-)
in Core Group, will present from memory a Success Plan
Layout by adding Success Plan information to the Offense Cycle Layout;
(-b-)
modifies the layout based upon feedback from the group;
and
(-c-)
explains to the Core Group why the success planning
information is added to the Layout.
(V)
Positive Skills
(-a-)
youth reviews in Behavior Group how individual strengths
and weaknesses impact the success of his/her transition;
(-b-)
youth reviews in Core Group, the costs and benefits
to transition of daily decisions;
(-c-)
youth identifies how personal reactions to situations
can be a barrier to success; and
(-d-)
selects and practices four (4) skills designed to improve
success after transition.
(e)
Phase Assessment Team. Members of the PAT make phase decisions
in their respective areas of expertise. The PAT confirms awarding of phases
C3 and C4 by reviewing progress and interviewing the youth. The PSW serves
as the PAT facilitator. Level II hearing examiners may make decisions regarding
demotion in the area of Behavior in accordance with provisions of this policy
and §95.55 of this title. The PAT will address and make treatment recommendations
that also reflect:
(1)
specialized treatment needs of the youth to include chemical
dependency, mental health, cognitive, aggressive, sexual behavior and language
proficiency regardless of where they are placed;
(2)
any other relevant specialized needs not identified specifically
in this policy; and
(3)
any adaptations to the standard Resocialization curriculum
based upon the presence of special needs.
(f)
Frequency of Phase Assessment.
(1)
The phase assessment is conducted on a monthly basis after
the initial placement from the Marlin Orientation and Assessment Unit (MOAU).
A PAT is held monthly defined as between 28 and 35 days from the prior PAT.
However, should a youth be placed in a Behavior Management Program (BMP) during
an assessment period, in accordance with provisions of §95.17 of this
title (relating to a Behavior Management Program) phase assessment is suspended
during the time a youth is on the BMP stages 1-4. A new PAT is conducted within
30 days following the youth's release from the BMP.
(2)
Youth reclassified or recommitted as a result of a Level
I hearing may be reassessed at any phase in the Academic/Workforce Development,
Behavior or Correctional Therapy areas within 30 days of their recommitment/reclassification.
(g)
Documentation and Youth Interview. A phase assessment
is conducted on the basis of documentation related to the youth's performance
during the previous 30-day period. The PAT conducts a face-to-face interview
with the youth:
(1)
within 30 days of admission to a new program;
(2)
within 30 days of admission to a new dorm;
(3)
prior to movement to a less restrictive placement;
(4)
upon the request of administration;
(5)
prior to release or discharge;
(6)
within 30 days of release from a BMP;
(7)
if the PAT determines a face-to-face interview is required;
(8)
prior to assignment of phase C3; and
(9)
prior to assignment of phase C4.
(h)
Opportunity to Demonstrate Completion of Requirements.
(1)
Phase promotion in the Academic/Workforce Development
and the Behavior areas may be completed in a single month. Promotion in the
Correctional Therapy area is not designed to be completed in a single month.
Completion of requirements in Correctional Therapy is demonstrated primarily
through participation in scheduled activities with the youth's caseworker,
Core Group and Behavior Group. The phase requirements are generally sequential.
(2)
During each monthly assessment period, the youth is provided
an equal opportunity, as the youth's behavior warrants, to participate in
the scheduled activities needed to progress. With reasonable effort by the
youth, the requirements of phase C4 will be completed by the time of the youth's
projected date of release under parole supervision. For youth whose minimum
length of stay or minimum period of confinement exceeds 12 months, the schedule
must provide an opportunity for completion of phase 4 requirements within
one year.
(i)
Promotion, Retention, Maintenance, and Demotion. Youth
may be promoted, demoted, retained or maintained by the PAT in any of the
three (3) areas based upon criteria noted below. Youth recommitted to TYC
as a result of a Level I hearing may be reassessed at any phase in the A,
B and C areas after a one-month evaluation period.
(1)
Academic/Workforce Development Phase Assessment Criteria.
(A)
Promote--A youth is promoted to the next phase in the
Academic/Workforce Development area when the youth meets all indicators that
are related to the main objective and the sub-objectives.
(B)
Retain--A youth is retained in the Academic/Workforce
Development area if they do not continue to meet all of the indicators in
the main objective and the sub-objectives. Youth will receive special attention
to address deficits identified in the subsequent 30-day period.
(C)
Maintain--A youth is maintained at phase A4 if the youth
continues to meet the criteria for that phase. A youth is maintained in lieu
of promotion when he/she is at the highest phase possible in that area.
(D)
Demote--A youth is demoted to the next lower phase in
the Academic/ Workforce Development area when the youth fails to meet the
requirements of the main objective and the sub-objectives after a 30-day period
of remediation.
(2)
Behavior Phase Assessment Criteria.
(A)
Promote--A youth is promoted to the next phase in the
Behavior area when the youth meets all requirements or when a sufficient number
of category II rule violations are excused for special circumstances. Under
unusual circumstances a youth may be promoted with a Category I rule violation
if excused by Special Circumstance number 5.
(B)
Retain--A youth is retained in the Behavior area if they
do not meet the criteria for promotion or for demotion based upon the number
of Category II rule violations obtained during the 30-day period. Youth may
also be retained if they have a sufficient number of Category II rule violations
to warrant demotion, but special circumstances are applied to retain at that
phase. Under unusual circumstances a youth may be retained with a Category
I rule violation if excused by Special Circumstance number 5.
(C)
Maintain--A youth is maintained at phase B4 if the youth
continues to meet the criteria for that phase. A youth is maintained in lieu
of promotion when he/she is at the highest phase possible in that area.
(D)
Demote--A youth is demoted to the next lower phase in
the Behavior area when the youth fails to meet all requirements and special
circumstances either do not exist or are insufficient to excuse the rule violations.
A youth may be demoted more than one phase as a result of a disciplinary action
at a Level I or Level II Hearing, see §95.55 of this title (relating
to Level II Hearing Procedure). A youth who has been demoted as a result of
a disciplinary action during the assessment period may not be demoted again
at the phase assessment based on the same misconduct.
(3)
Correctional Therapy
(A)
Promote--A youth is promoted to the next phase in the
Correctional Therapy area when the youth meets all indicators that are related
to the main objective and the sub-objectives for the higher phase.
(B)
Retain--A youth is retained in the Correctional Therapy
area if they have not met all indicators for the next higher phase during
the assessment period.
(C)
Maintain--A youth is maintained at phase C4 if the youth
continues to meet the criteria for that phase. A youth is maintained in lieu
of promotion when he/she is at the highest phase possible in that area.
(D)
Demote--A youth is demoted to the next lower phase in
the Correctional Therapy area when the youth fails to meet the requirements
of one or more indicators of the main objective or sub-objectives after a
period of remediation as defined in accordance with the explanation of terms
used in this policy. However, no youth shall be demoted to a phase lower than
C2 based only on a failure to remediate.
(j)
Documentation and Youth Appraisal of Results of Phase
Assessment. The following activities are required of the PSW after a PAT:
(1)
within two (2) working days of the phase assessment, the
PSW meets with the youth to report the results of the assessment. The PSW
reports the strengths and specific areas needing improvement. If the youth's
demotion or failure to progress in an area extends the youth's projected release
to parole supervision, the caseworker will notify the youth of a new projected
release date that is premised on the youth reasonably applying himself/herself
to completion of the requirements;
(2)
within seven (7) calendar days, the PSW attempts to contact
the youth's family by telephone to share the outcome of the PAT; and
(3)
within three (3) working days, the PSW enters the PAT
results into automated data entry system.
(k)
Development of the Individual Case Plan. The following
case planning activities are required of the PSW after a PAT:
(1)
within seven (7) calendar days of the PAT, the PSW completes
the monthly Individual Case Plan (ICP) for the youth and reviews its content
and obtains the youth's signature; and
(2)
youth completing phase A2, B2, C3 and who are within 90
days of their minimum length of stay or minimum period of confinement will
have a transition ICP initiated. The plan will be developed based upon the
youth's individualized risk factors, strengths & needs and TYC classification.
(l)
Appeal of Assessment. The youth may appeal the results
of a phase assessment, or of the lack of opportunity to demonstrate completion
of requirements, by filing a complaint under the complaints resolution procedure
according to §93.31 of this title (relating to Complaint Resolution System).
The person assigned to respond to the appeal must be a staff member who is
not a member of the PAT or a person who has been involved in the youth's current
assessment.
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 March 17, 2005.
TRD-200501201
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 1, 2005
For further information, please call: (512) 424-6301
37 TAC §87.3
(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 repeal is proposed under the Human Resources
Code, §61.034, which provides the commission with the authority to make
rules appropriate to the proper accomplishment of its functions.
The proposed rule affects the Human Resources Code, §61.034.
§87.3.Resocialization Program.
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 March 17, 2005.
TRD-200501199
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 1, 2005
For further information, please call: (512) 424-6301
Subchapter D. HEALTH CARE SERVICES
37 TAC §91.87
The Texas Youth Commission (the commission) proposes an amendment
to §91.87, Suicide Alert Explanation of Terms. The amended section will
include a reference to the recently adopted §97.23 Physical Restraint
and use terminology consistent with that section.
Robin McKeever, 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.
Neil Nichols, General Counsel, 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 the availability of current and
accurate agency policy. 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, Chief of Policy Administration, 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, §61.034,
which provides the commission with the authority to make rules appropriate
to the proper accomplishment of its functions.
The proposed rule affects the Human Resources Code, §61.034.
§91.87.Suicide Alert Explanation of Terms.
(a)
Purpose. The purpose of this rule is to establish explanations
of terms used pursuant to [
(b)
Explanation of Terms Used.
(1) - (17)
(No change.)
(18)
Minimum Security Precautions for Secure Programs.
(A)
Non-Lethal Suicide Precautions--A youth is admitted to
security intake according to [
(B)
Overt Suicide Precautions--A youth is admitted to security
intake according to [
(i)
issue protective clothing (e.g., disposable paper gown,
suicide barrel, etc.). Staff verbally instructs youth to put on protective
clothing and to remove any undergarment. In accordance with
§97.23
of this title (relating to Physical Restraint)
[
(ii)
(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 March 17, 2005.
TRD-200501202
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 1, 2005
For further information, please call: (512) 424-6301
The Texas Youth Commission (the commission) proposes amendments to §§97.1,
97.27, and 97.75, concerning security and control and peace officers. The
amended sections will include a reference to the recently adopted §97.23
Physical Restraint, and §97.1 and §97.27 will no longer include
references to recently repealed sections.
Robin McKeever, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the sections are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Neil Nichols, General Counsel, 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 sections will be the availability of current and
accurate agency policies. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the sections as proposed. No private real property rights are affected by
adoption of these rules.
Comments on the proposal may be submitted within 30 days of the publication
of this notice to DeAnna Lloyd, Chief of Policy Administration, Texas Youth
Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or email
to deanna.lloyd@tyc.state.tx.us.
Subchapter A. SECURITY AND CONTROL
37 TAC §97.1, §97.27
The amendments are proposed under the Human Resources Code, §61.034,
which provides the commission with the authority to make rules appropriate
to the proper accomplishment of its functions.
The proposed rules affect the Human Resources Code, §61.034.
§97.1.Facility Security.
(a) - (b)
(No change.)
(c)
Weapons are not permitted in any TYC facility or on any
facility grounds except as set forth in [
(d)
Chemical agents may be used only to the extent necessary
to ensure the safety and welfare of youth and staff in accordance with
§97.23 of this title (relating to Physical Restraint).
[
(e) - (f)
(No change.)
§97.27.Riot Control.
(a)
(No change.)
(b)
Applicability.
(1)
(No change.)
(2)
See §97.23 of this title (relating to Physical
Restraint).
[
[
[
[
(c) - (e)
(No change.)
(f)
Physical Restraint.
[
(1)
Physical Restraint
[
(2)
[
(3) - (4)
(No change.)
(g)
(No change.)
(h)
Approved Riot Equipment and Gear. Staff may act using
only equipment approved for use during a riot and only following training
in the appropriate procedures and use of such equipment. Approved for use
during a riot:
(1)
Chemical agent forms are:
(A)
canisters of chemical
agent
[
(B)
cartridges of chemical
agent
[
(C)
pepper fog formulation for the pepper fogger (OC)
(2) - (3)
(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 March 17, 2005.
TRD-200501203
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 1, 2005
For further information, please call: (512) 424-6301
37 TAC §97.75
The amendment is proposed under the Human Resources Code, §61.034,
which provides the commission with the authority to make rules appropriate
to the proper accomplishment of its functions.
The proposed rule affects the Human Resources Code, §61.034.
§97.75.Peace Officer: Continuum of Force.
(a)
(No change.)
(b)
If physical force is required, the apprehension specialist
may apply such force in compliance with
§97.23 of this title (relating
to Physical Restraint).
[
(c) - (d)
(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 March 17, 2005.
TRD-200501204
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: May 1, 2005
For further information, please call: (512) 424-6301
Subchapter B. YOUTH FUNDS
Chapter 91.
PROGRAM SERVICES
(GAP)
] §91.88 of this title (relating
to Suicide Alert for Secure Programs), [
(GAP)
] §91.89 of this
title (relating to Suicide Alert for Non-Secure Programs), and [
(GAP)
] §91.90 of this title (relating to Suicide Alert for Parole) which
establish procedures for the identification, assessment, treatment, and protection
of youth who may be at risk for suicide.
(GAP)
] §97.37 of this title
(relating to Security Intake), or protective custody according to [
(GAP)
] §97.45 of this title (relating to Protective Custody), and is
visually checked once every five (5) minutes by staff. The room is secured
by security staff for safety prior to placement and checked for safety every
shift or as needed between periods of movement to ensure youth safety. Staff
reduces access to potentially dangerous objects (e.g., limited or controlled/supervised
access to plastic eating utensils, bed linens), issues suicide safe bedding
(e.g. use of suicide blanket). Access to razors is approved by the MHP and
visually monitored by staff. Standard suicide precautions are implemented
for any youth referred for non-lethal suicide behavior or for a youth who
originally engaged in overt suicide behavior but who has stabilized to the
point that a reduction in precaution is indicated. The precautions may be
modified, by telephone consultation or following a face-to-face suicide risk
assessment, by an MHP.
(GAP)
] §97.37 of this title (relating
to Security Intake), or protective custody according to [
(GAP)
] §97.45
of this title (relating to Protective Custody), or a secure observation area,
or the infirmary and is visually checked once every three (3) minutes by staff
or, if necessary, placed on one-to-one (1:1) or constant observation. For
youth who engage in overt suicide behavior as defined in this policy, staff
will:
(GAP) §97.23
of this title (relating to Use of Force)
]
physical restraint
[
use of force
] may be initiated, but only as a last resort. Staff must
consult with the facility administrator and/or MHP, regarding alternative
interventions that do not involve
physical restraint
[
use
of force
]. When
manual
[
physical
] or mechanical
restraint is employed, at least one (1) staff conducting the restraint must
be the same gender as the youth. Staff provides repeated opportunities during
the restraint for youth to remove own clothing. If there is no same gender
staff available, the youth remains on one-to-one (1:1) observation until such
staff is available.
Chapter 97.
SECURITY AND CONTROL
(GAP)
] §81.31 of
this title (relating to Weapons and Concealed Handguns). Weapons are permitted
in the personal residence of staff who live adjacent to the campus.
(GAP) §97.25
of this title (relating to Use of Force: Chemical Agent OC).
]
Other sections in effect during riot conditions:
]
(A)
(GAP) §97.23 of this title (relating
to Use of Force);
]
(B)
(GAP) §97.21 of this title (relating
to Approved Restraint Equipment); and
]
(C)
(GAP) §97.25 of this title (relating
to Use of Force: Chemical Agent OC).
]
Use of Force.
]
Force
] may be
used in accordance with [
(GAP)
] §97.23 of this title [
(relating to Use of Force), (GAP) §97.21 of this title (relating to Approved
Restraint Equipment), and (GAP) §97.25 of this title (relating to Use
of Force: Chemical Agent OC) unless specifically stated otherwise in this
section
].
Orthochlorobenzalmalonoitrile (CS), also known as
tear gas, may be used only in a riot situation.
] Oleoresin Capsicum
(OC), also known as pepper spray, may be used in a riot and other situations
consistent with
§97.23
[
(GAP) §97.25
] of this
title [
(relating to Use of Force: Chemical Agent OC)
].
agents CS
and
] OC
agents CS
and
] OC
Subchapter B. PEACE OFFICERS
(GAP) §97.23 of this title (relating
to Use of Force).
]
Chapter 99.
GENERAL PROVISIONS