PART 3. TEXAS YOUTH COMMISSION
CHAPTER 105. JUVENILE CORRECTIONAL OFFICERS
The Texas Youth Commission adopts new §105.5, concerning Juvenile Correctional Officer Staffing Requirements, with changes to the proposed text as published in the November 28, 2008, issue of the Texas Register (33 TexReg 9657). Changes to the proposed text consist of adding subsection (d)(2), which clarifies that continuity in providing specialized treatment will be considered when scheduling the rotation of juvenile correctional officers (JCOs).
The justification for the new rule is the protection of youth through enhanced supervision procedures, as well as compliance with legislative mandates.
The new rule will establish certain requirements that must be met when JCOs are scheduled for work assignments. Specifically, the rule requires the rotation of JCO work assignments at least twice per year, as well as a three-year age differential between JCOs and the youth they supervise. The new rule also specifies that staffing plans will provide for at least one JCO for every 12 youth. Finally, the new rule requires the placement of a JCO near any room or location where education services are being provided.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Human Resources Code, §61.0356, which requires the commission to: (1) ensure, to the extent practicable, that an officer or employee is not supervising a child who is not more than three years younger than the officer or employee; (2) rotate the assignment of each JCO at an interval determined by the commission so that a JCO is not assigned to the same station for an extended period of time; (3) ensure at least one JCO is assigned to supervise in or near a classroom or other location in which children receive education services or training; and (4) maintain a ratio of not less than one JCO performing direct supervisory duties for every 12 persons committed to the facility.
§105.5.JCO Staffing Requirements.
(a) Purpose. This rule establishes requirements for scheduling station assignments for Juvenile Correctional Officers (JCOs) employed by the Texas Youth Commission (TYC).
(b) Applicability. This rule applies to high restriction facilities operated by TYC.
(c) Definitions.
(1) Extended Period of Time--more than 12 months.
(2) Station--any JCO duty assignment at a facility.
(3) Regular Interval--six months, or other interval less than an extended period of time if approved by the regional director.
(d) General Provisions.
(1) JCOs will rotate station assignments at regular intervals so that a JCO is not assigned to the custodial supervision of the same youth for an extended period of time.
(2) The rotation of staff will be scheduled to ensure continuity in the delivery of specialized treatment programs.
(3) A wing or pod of a dormitory may be considered a station if the population of that wing or pod does not routinely interact with the population of the other wings or pods during activities occurring at the dormitory.
(4) JCOs will be assigned to dormitory stations in a manner that provides for at least a 3-year age differential between the staff and the youth they supervise. When it is not practical to meet the 3-year age differential for an individual JCO station assignment, justification for the assignment must be documented and approved in accordance with agency policy and procedures.
(5) Except as approved by the regional director, a JCO shall not return to a previously assigned station until he/she has served at least one regular interval at another station.
(6) JCO staffing plans will provide for at least one JCO to be stationed to supervise in or near any classroom or other location in which youth receive education services or training at the time the youth are receiving the education services or training.
(7) JCO staffing plans for each facility will provide for a ratio of at least one JCO performing direct supervisory duties for every 12 youth committed to the facility.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 5, 2009.
TRD-200901702
Cheryln K. Townsend
Executive Commissioner
Texas Youth Commission
Effective date: June 1, 2009
Proposal publication date: November 28, 2008
For further information, please call: (512) 424-6014