TITLE public-safety-and-corrections

Part III. Texas Youth Commission

Chapter 83. Purchasing Youth Services

(Editor's note: The text of the following section proposed for repeal will not be published.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 §83.35, concerning Quality Assurance of Contract Programs. The repealed section will allow for the publication of a new rule.

Terry Graham, 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. Graham 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 be efficient state government. 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 to Gail Graham, Policy and Manuals Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas, 78765.

The repeal is proposed under the Human Resources Code, §61.034, concerning policies and rules, which provides the Texas Youth Commission with the authority to make rules and adopt policies appropriate to the proper accomplishment of its functions.

The proposed rule implements the Human Resource Code, §61.034.

§83.35.Quality Assurance of 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 April 5, 1999.

TRD-9902020

Steve Robinson

Executive Director

Texas Youth Commission

Earliest possible date of adoption: May 16, 1999

For further information, please call: (512) 424-6244

The Texas Youth Commission (TYC) proposes the new section §83.35, concerning Quality Assurance of Contract Programs. The new section will add specific information concerning the sanction of residential and non-residential contract programs, which do not comply with TYC contract and service delivery requirements. In addition to explaining the terms probation, termination, and corrective action plan, the new rule identifies sanctions that may be imposed during each phase of the process.

Mr. Graham 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 be greater protection for youth and staff in residential and non-residential contract placements. 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 to Gail Graham, Policy and Manuals Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas, 78765.

The new section is proposed under the Human Resources Code, §61.052, concerning Contract Monitoring, which provides the Texas Youth Commission with the authority to establish a formal program to monitor residential program-related client services contracts made by the commission and to obtain and evaluate performance requirements using a risk assessment methodology.

The proposed rule implements the Human Resource Code, §61.034.

§83.35.Quality Assurance of Contract Programs.

(a)

Purpose. The purpose of this rule is to establish procedures and sanctions whereby the Texas Youth Commission (TYC) ensures compliance with contract and service delivery requirements by a residential or non-residential contract program.

(b)

Explanation of Terms Used.

(1)

On-Site Visit--a visit by TYC monitoring staff to a contract program. 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, and program implementation.

(3)

Monitoring--a formal review of the service provider's contract and service delivery.

(4)

Evaluation--a process used to measure and evaluate the quality and effectiveness of a service agency and/or a program.

(5)

Risk Assessment--a process by which programs are identified by specific risk factors that present the greatest risk to agency resources and responsibility.

(6)

Corrective Action Plan--a plan developed by TYC and/or program staff to address and remediate deficiencies in a timely manner.

(7)

Overall Performance Measure Rating--program performance on the four most recent reports.

(8)

Overall Performance Measure Rating, Below Average--Two or more reports (of the last four) with three or more measures below average.

(9)

Probation--a disciplinary designation assigned by TYC to a contract program that has failed to bring about necessary changes to comply with contract specifications and/or service delivery standards.

(10)

Termination--the most serious disciplinary designation assigned by TYC to a contract program for repeated failures to make required changes to comply with contract specifications, service delivery standards or when policies for the welfare and rights of youth are not honored.

(11)

Sanctions--actions that may be taken by TYC to facilitate service provider compliance with TYC stated requirements or deficient service delivery.

(c)

TYC shall implement a quality assurance program that identifies exceptions and standards and requires corrective action to bring the service providers into compliance with applicable standards.

(d)

Monitoring.

(1)

All programs contracting with the TYC shall be monitored and evaluated by TYC staff to ensure contract compliance and service delivery performance.

(A)

TYC shall establish a monitoring schedule based on risk, for all contract residential and non-residential programs. The schedule may be shared with service providers.

(B)

High risk programs shall be monitored more frequently than lower risk programs.

(2)

Based on deficiencies found, TYC may require a contract program to comply with the corrective action recommended within a designated time limit. Notification of the corrective action shall be in writing to the service provider.

(3)

TYC staff may proceed through the continuum of sanctions to initiate the appropriate sanction for the performance deficiency and shall communicate such in writing to the service provider.

(e)

Probation.

(1)

TYC may place a contract program on probation status and may designate the appropriate sanction for the performance deficiency and shall communicate such in writing to the service provider. Sanctions may be initiated if the service provider:

(A)

fails to complete the corrective action specified and no extenuating circumstances exist; or

(B)

is non-compliant with any area of the contract; or

(C)

is below average in any single TYC performance measure; or

(D)

is below average in overall performance measure rating.

(2)

Sanctions that may be used during probation for a specified period of time to bring about desired contract and/or service delivery changes are:

(A)

Limited placements--temporary or extended; or

(B)

Moratorium on placements--temporary or extended; or

(C)

Temporary removal of youth--partial or complete; or

(D)

Withholding of vendor payment; or

(E)

Limited parole assignments.

(3)

Re-evaluation of the program will occur at the end of the specified probation period for desired changes in performance deficiencies. At that time the program will be notified in writing of TYC's plan to:

(A)

remove from probationary status and reinstate in good standing; or

(B)

continue on probation for a specified period of time, or

(C)

place on termination status.

(f)

Termination. TYC may place a contract program on termination status and may designate the appropriate sanction for the performance deficiency and shall communicate such in writing to the service provider. Sanction that may be used are:

(1)

Permanent removal of youth--emergency or gradual; or

(2)

Cancellation of contract.