TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 3. TEXAS YOUTH COMMISSION

Chapter 87. TREATMENT

Subchapter A. PROGRAM PLANNING

37 TAC §87.1

The Texas Youth Commission (the commission) proposes an amendment to §87.1, concerning Case Planning. The amendment to the section will establish new schedules for reviewing and updating individual case plans which correspond to each youth's classification and placement restriction level. The amendment allows longer intervals between case plan updates for youth in high restriction placements.

Robin McKeever, Assistant Deputy Executive Director for Financial Support, has determined that for the first five-year period the amendment is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amended section.

Neil Nichols, General Counsel, has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amended section will be enabling case managers to produce quality individual case plans and spend more time with each youth. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendment as proposed. No private real property rights are affected by adoption of this amendment.

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 e-mail to deanna.lloyd@tyc.state.tx.us.

The amendment is proposed under the Human Resources Code, §61.076, which provides the commission with the authority to require a child to participate in correctional training and activities.

The proposed amendment implements the Human Resources Code, §61.034.

§87.1.Case Planning.

(a) (No change.)

(b) Definitions.

(1) - (2) (No change.)

(3) Primary Service Worker (PSW)--the generic title given to persons at each TYC program who are assigned the primary responsibility for the case work for individual youth and for the administration of the case management standards. The three (3) types of PSW are:

(A) Institutional PSW [ Primary Service Worker (PSW) ]--person assigned the primary responsibility for casework and administration of the case management standards in a high restriction TYC operated facility or contract placement.

(B) Transitional PSW [ Primary Service Worker (PSW) ]--person assigned the primary responsibility for casework and administration of the case management standards in a TYC operated halfway house or a medium restriction residential contract facility.

(C) (No change.)

(c) Case Planning.

(1) An ICP will be developed with and for each youth by the PSW. [ The plan will be updated monthly. ] The plan will be developed in accordance with the Resocialization program and identified needs and strengths and must specify measurable objectives, expected outcomes and a means to evaluate progress. See §87.2 of this title (relating to Resocialization Program). The plan will be updated every:

(A) 90 days for Type A violent and sentenced offenders in high restriction facilities;

(B) 60 days for offenders other than Type A violent and sentenced offenders in high restriction facilities; and

(C) 30 days for all offenders in medium restriction facilities.

(2) - (3) (No change.)

(4) The ICP development shall include a review of youth progress and [ monthly ] objectives and shall be developed with the youth and family when possible.

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 June 23, 2006.

TRD-200603428

Dwight Harris

Executive Director

Texas Youth Commission

Earliest possible date of adoption: August 6, 2006

For further information, please call: (512) 424-6014