Part III.
Texas Youth Commission
Chapter 87.
Treatment
Subchapter B. Special Needs Offender Programs
37 TAC §87.79
The Texas Youth Commission (TYC) proposes an amendment to
§87.79 concerning discharge of mentally ill and mentally retarded youth.
The amendment to (GAP) §87.79 will clarify one of the specific criteria
under which a mentally ill youth may be discharged. Mentally ill youth who
are unable to progress in rehabilitation programs will be discharged from
TYC if certain criteria have been met including completion of minimum length
of stay requirements. Among other criteria is the criterion that a youth as
a result of the mental illness is likely to cause harm to himself or others
as determined by a licensed psychologist and psychiatrist. The amendment is
to add the word "or" to clarify that the harm may be likely to either, but
not necessarily both, himself or others.
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 compliance with legal options and provision of opportunity
for appropriate treatment of a mentally ill youth. 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 amendment is proposed under the Human Resources Code, §61.075,
concerning determination of treatment, which provides the Texas Youth Commission
with the authority to discharge the child from control when it is satisfied
that discharge will best serve the child's welfare and §61.077, concerning
children with mental illness or mental retardation, which provides the Texas
Youth Commission with the authority to discharge a child who is mentally ill
or mentally retarded from its custody if the commission determines that the
child is unable to progress in the commission's rehabilitation programs because
of the child's mental illness or mental retardation.
The proposed rule implements the Human Resource Code, §61.034.
§87.79.Discharge of Mentally Ill and Mentally Retarded Youth.
(a)
(No change.)
(b)
Applicability.
(1)
(No change.)
(2)
See (GAP) §85.61
of
(c)-(d)
(No change.)
(e)
Discharge Criteria.
(1)
Youth with a mental illness who are unable to progress
in rehabilitation programs and therefore shall be discharged are those who
meet the following criteria:
(A)-(C)
(No change.)
(D)
a licensed psychologist and psychiatrist has determined
that as a result of mental illness, the youth:
(i)
is likely to cause serious harm to himself;
or
(ii)
is likely to cause serious harm to others; or
(iii)
will, if not treated for the mental illness, continue
to suffer severe and abnormal mental, emotional, or physical distress, will
continue to experience deterioration of his ability to function independently,
and is unable to make a rational and informed decision as to whether or not
to submit to treatment.
(2)
(No change.)
(f)
(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 10, 1999.
TRD-9901481
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: April 25, 1999
For further information, please call: (512) 424-6244
Subchapter A. Basic Services
37 TAC §91.5
The Texas Youth Commission (TYC) proposes an amendment to
§91.5 concerning Clothing. The amendment to (GAP) §91.5 will correct
a minor grammatical error. No substantive changes have been made to the 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 amendment is proposed under the Human Resources Code, §61.034,
concerning policies and rules, which provides the Texas Youth Commission with
the authority to adopt policies and make rules appropriate to the proper accomplishment
of its functions.
The proposed rule implements the Human Resource Code, §61.034.
§91.5. Clothing.
(a)-(g)
(No change.)
(h)
Clothing will be [
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 10, 1999.
TRD-9901480
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: April 25, 1999
For further information, please call: (512) 424-6244
Chapter 344.
Standards for Juvenile Post-Adjudication Secure Correctional Facilities
or
this title (relating to Discharge) for discharge requirements for youth qualified
herein and all other TYC youth.
Chapter 91.
Program Services
is
] disinfected when necessary
and before storage of personal items.
Part XI.
Texas Juvenile Probation Commission