Part 3.
TEXAS YOUTH COMMISSION
Chapter 91.
PROGRAM SERVICES
Subchapter A. BASIC SERVICES
37 TAC §91.1
(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repeal will not be published.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 proposes the repeal of §91.1,
concerning Daily Living. The repeal is being proposed as a result of the commission's
annual rule review, which determined that the reason for adopting this rule
is more thoroughly addressed in other existing rules, specifically §87.2
and §87.3.
Robin McKeever, 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.
DeAnna Lloyd, Chief of Policy Administration, 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 elimination of a duplicative
agency rule. 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 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 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, and Government Code §2001.039,
which requires each state agency to review its rules to determine whether
the reason for initial adoption continues to exist, and readopt, readopt with
amendments, or repeal a rule as the result of reviewing the rule.
The proposed repeal affects the Human Resources Code, §61.034.
§91.1.Daily Living.
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 December 29, 2006.
TRD-200606912
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: February 11, 2007
For further information, please call: (512) 424-6014
37 TAC §93.15, §93.33
The Texas Youth Commission proposes amendments to §93.15,
concerning youth mail, and §93.33, concerning alleged abuse, neglect
and exploitation. The amendments to the rules will update staff titles and
other terminology to reflect the TYC Board decision on July 27, 2006, to change
the name of the Office of Inspector General to the Office of Youth Care Investigations.
Robin McKeever, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the amendments are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the amendments.
DeAnna Lloyd, Chief of Policy Administration, has determined that for each
year of the first five-years the amended sections are in effect the public
benefit anticipated as a result of enforcing the sections will be the availability
of agency rules reflecting accurate and up-to-date terminology. There will
be no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the amendments 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.
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.
§93.15.Youth Mail.
(a) - (b)
(No change.)
(c)
Explanation of Terms Used.
(1)
Contraband--means any physical item that presents a substantial
danger to the safety and security of youth, staff, or the facility and any
other item, depiction, or publication that is included in the definition of
"contraband" under [
(2)
(No change.)
(3)
Special Correspondent--means the following persons:
(A)
Texas Youth Commission (TYC) board members, administrators,
or TYC
inspectors [
(B) - (D)
(No change.)
(d) - (e)
(No change.)
(f)
Contraband in Incoming and Outgoing Mail.
(1) - (3)
(No change.)
(4)
All contraband that is discovered will be seized and disposed
of in accordance with [
(g) - (j)
(No change.)
§93.33.Alleged Abuse, Neglect and Exploitation.
(a)
(No change.)
(b)
Applicability.
(1)
(No change.)
(2)
For procedures regarding the resolution of youth complaints,
refer to §93.31 of this title [
(3)
For procedures regarding appeals to the executive director,
refer to §93.53 of this title [
(4)
For procedures regarding reporting the death of a youth,
refer to §99.51 of this title [
(c)
Explanation of Terms Used.
(1) - (4)
(No change.)
(5)
Deputy
Director, Office of Youth Care Investigations
[
(6)
Youth Care Investigator
[
(d) - (f)
(No change.)
(g)
Referral of the
Report to the Youth Care Investigations
Deputy Director
[
(1)
record all reports for tracking; and
(2)
assign an investigator.
(h)
(No change.)
(i)
Investigation Report--Submission and Closure.
(1)
Within 15 workdays following the assignment, the investigator
will submit the completed investigation report to the
youth care investigations
deputy
director
[
(2)
Within five (5) workdays following receipt of the report,
the
youth care investigations
deputy
director
[
(3)
The
youth care investigations
deputy
director
[
(A)
if all the requisite findings for abuse, neglect, or exploitation
are affirmed by the evidence, the
youth care investigations
deputy
director
[
(B)
if all the requisite findings for abuse, neglect, or exploitation
are not affirmed, the
youth care investigations
deputy
director
[
(4)
The
youth care investigations
deputy
director
[
(5)
If the allegation was reported by a medical health provider
(MHP) who is employed by or contracts with University of Texas Medical Branch
(UTMB) or the Texas Tech University Health Sciences Center (TTUHSC), the MHP
will be notified in writing by the
youth care investigations
deputy
director
[
(j) - (l)
(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 December 29, 2006.
TRD-200606914
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: February 11, 2007
For further information, please call: (512) 424-6014
Subchapter C. MISCELLANEOUS
Chapter 93.
YOUTH RIGHTS AND REMEDIES
(GAP)
] §95.3 of this title [
(relating
to Rules of Conduct)
].
general, or investigators
];
(GAP)
] §97.11 of this title [
(related to Control of Unauthorized Items Seized)
]. Money in the mail
is handled in accordance with [
(GAP)
] §99.31 of this title
[
(relating to Youth Banking)
].
(relating to Complaint Resolution
System)
].
(relating to Appeal to Executive
Director)
].
(relating to Death of a Youth)
].
Chief Inspector General
]--the person employed in TYC's
Office of
Youth Care Investigations
[
General Counsel
]
who is responsible for overseeing investigations of allegations of abuse,
neglect or exploitation and compiling investigation information.
Inspector General
]--the person employed in TYC's Office of
Youth Care Investigations
[
General Counsel
] and located in a TYC facility or district
office who is responsible for conducting investigations.
report to the Deputy Chief Inspector General
].
By the end of the workday in which a report is received, the facility's CLA
will refer the report to the
youth care investigations
deputy
director
[
chief inspector general
] who will take the following
actions before the end of the next working day:
chief inspector general
]. The
youth care investigations
deputy
director
[
chief inspector
general
] may approve an extension in the time for submission for good
cause.
chief inspector general
] will review the report and consult with the
investigator regarding any necessary additions or clarifications. The
youth care investigations
deputy
director
[
chief inspector
general
] may extend the time for this review if it is required for a
thorough and complete report.
chief inspector general
] will indicate whether the report
of mistreatment is confirmed or not as follows:
chief inspector general
] will indicate that the
report is confirmed as alleged;
chief inspector general
] will indicate that the report
is not confirmed as alleged. However, if the findings constitute a violation
of agency policy or standards of care, even though they do not constitute
abuse, neglect, or exploitation, the
youth care investigations
deputy
director
[
chief inspector general
] may confirm the report
as a violation of agency policy or standards of care.
chief inspector general
] will indicate approval of the
investigation findings by officially closing the report as confirmed or not
confirmed, and referring it to the CLA of the program or facility that generated
the allegation.
chief inspector general
] or designee of the results
of the investigation and the MHP's right to appeal the findings of the investigation
report pursuant to §93.53 of this title.
Chapter 99.
GENERAL PROVISIONS