Part 3.
TEXAS YOUTH COMMISSION
Chapter 81.
INTERACTION WITH THE PUBLIC
37 TAC §81.34
The Texas Youth Commission (TYC) adopts new §81.34,
concerning Notice of Youth Confessions of Child Abuse, with changes to the
proposed text as published in the November 3, 2000 issue of the
Texas Register
(25 TexReg 10886). Changes to the proposed text consist
of addressing recommendations from the Texas Department of Protective and
Regulatory Services. The recommendation was to state that when the alleged
victim is in the TYC youth's same household, the possible abuse or neglect
will be reported to DPRS regardless of when it is alleged to have occurred
or whether the youth is currently considered a high-risk to the victim. This
child abuse reporting rule is applicable only to youth in TYC residential
programs who confess child abuse outside a TYC residential program. A 48-hour
time limit is established for reporting the youth confessions. Whenever possible,
first-hand information regarding the youth's confession will be reported to
DPRS. Other changes included specifying the appropriate supervisor would be
notified of the alleged abuse and would be responsible for filing a report.
The justification for the new rule is to comply with Chapter 261 of the
Texas Family Code that requires any person having cause to believe that a
child has been abused or neglected by any person (including a child) report
it to the appropriate agency.
The new rule will function in accordance with the Texas Family Code.
Comments were received regarding adoption of the new rule. The comments
made by the Department of Protective and Regulatory Services was adopted as
recommended.
The new rule is adopted under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to adopt policies
and make rules appropriate to the proper accomplishment of its functions.
The adopted rule implements the Human Resource Code, §61.034.
§81.34.Notice of Youth Confessions of Child Abuse.
(a)
Purpose. The purpose of this rule is to provide guidelines
according to the Texas Family Code (TFC), chapter 261, Subchapter B, for Texas
Youth Commission (TYC) supervisors to report information given to them by
TYC staff members or volunteers regarding TYC youth confessing, while in any
TYC operated facility or contract care program, to abusing or neglecting a
child or children some time in the past when they were not in a TYC operated
facility or contract care program.
(b)
Applicability. This rule does not apply to reporting suspected
abuse or neglect of youth in TYC programs. See (GAP) §93.33(d) of this
title (relating to Alleged Mistreatment). See Chapter 261, Subchapter B, Family
Code, for reporting confessions of TYC youth who are released under TYC supervision
that they abused or neglected children when they were not in a TYC operated
facility or contract care program. Such reports must be made within 48 hours
to the Department of Protective and Regulatory Services (DPRS) or to a state
or local law enforcement agency.
(c)
Reporting. A TYC staff member or volunteer who has cause
to believe, based on information provided by a youth in a TYC operated facility
or contract care program, that the youth is responsible for abusing or neglecting
a child or children some time in the past when the youth was not in a TYC
operated facility or contract care program must report that information, not
later than the 48th hour after the hour the staff member first receives it,
to DPRS, to a state or local law enforcement agency, or to the person's appropriate
TYC supervisor.
(d)
Referral of Report for Investigation.
(1)
If the victim in a report made pursuant to subsection (c)
is a member of the youth's same household, the appropriate TYC supervisor
shall refer the report immediately to DPRS or to the appropriate state or
local law enforcement agency for investigation if:
(A)
the report is of injuries inflicted at any time that required
prompt medical attention or hospitalization and that endangered the alleged
victim's life or could have caused permanent functional impairment or disfigurement;
or
(B)
the report is of oral, anal, or genital intercourse that
occurred at any time.
(2)
If the victim in a report made pursuant to subsection (c)
is not a member of the youth's same household and the youth is considered
a high risk, the appropriate TYC supervisor shall refer the report immediately
to DPRS or to the appropriate state or local law enforcement agency for investigation
if:
(A)
the report is of injuries inflicted within the previous
twelve months that required prompt medical attention or hospitalization and
that endangered the alleged victim's life or could have caused permanent functional
impairment or disfigurement; or
(B)
the report is of oral, anal, or genital intercourse that
occurred within the previous twelve months and that was without consent under
the law.
(3)
For the purposes of this subsection, a youth is considered
a high risk if the report made pursuant to subsection (c), considered in the
context of the TYC youth's current circumstances, presents a real and significant
likelihood that the alleged victim (if the alleged victim is still a child
at the time of the report) will be abused or neglected by the TYC youth in
the foreseeable future.
(e)
Content of Referred Report. A report referred to DPRS or
to an appropriate state or local law enforcement agency pursuant to subsection
(d) shall include the most accurate and detailed information possible at the
time the report is made. Whenever possible, a first-hand account should be
provided directly by the person to whom the youth confessed.
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 January 2, 2001.
TRD-200100017
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: January 31, 2001
Proposal publication date: November 3, 2000
For further information, please call: (512) 424-6301
Subchapter B. PLACEMENT PLANNING
37 TAC §85.23
The Texas Youth Commission (TYC) adopts an amendment to §85.23,
concerning Classification, without changes to the proposed text as published
in the August 18, 2000 issue of the
Texas Register
(25 TexReg 8006).
The justification for amending the section is to ensure that sentenced
offenders are not released from confinement except under rules controlling
such release.
The amendment added the penal code offense 22.11 Harassment by Persons
in Certain Correctional Facilities, also known as
chunking
, and 22.105 Coercing, Soliciting or Inducting Gang Membership,
as a type B violent offense. The classification, type B violent offender is
a TYC administratively assigned classification based on a youth's committing
or classifying offense. A twelve month minimum length of stay in a high restriction
facility is attached when a youth is classified as a type B violent offender.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.75,
which provides the Texas Youth Commission with the authority to determine
the treatment of youth.
The adopted rule implements the Human Resource Code, §61.034.
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 January 2, 2001.
TRD-200100012
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: January 31, 2001
Proposal publication date: August 18, 2000
For further information, please call: (512) 424-6301
37 TAC §85.39, §85.41
The Texas Youth Commission (TYC) adopts amendments to §85.39,
concerning Temporary Admission Awaiting Permanent and §85.41, concerning
Temporary Admission Awaiting Transportation, without changes to the proposed
text as published in the December 1,2000 issue of the
Texas Register
(25 TexReg 11901).
The justification for amending both sections allows the agency to implement
procedures for segregating TYC youth in a unit within an institution. These
two rules are amended to use the language of the new segregation system, but
are not substantively changed.
The amendments to both sections will change references to the term temporary
admission to distinguish between temporary admission and institution detention.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to order the
child's confinement under conditions it believes best designed for the child's
welfare and the interests of the public.
The adopted rules implements the Human Resource Code, §61.034.
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 January 2, 2001.
TRD-200100005
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: January 31, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 424-6301
37 TAC §85.45
The Texas Youth Commission (TYC) adopts an amendment to §85.45,
concerning Parole of Undocumented Foreign Nationals, without changes to the
proposed text as published in the December 8, 2000, issue of the
Texas Register
(25 TexReg 12155).
The justification for amending the section is to require residential programs
to notify the Immigration and Naturalization Service (INS) of the presence
of an undocumented foreign national in a facility. An undocumented foreign
national will not be placed in a minimum restriction parole location until
a copy of the referral letter from the facility to the INS has been received
by the parole officer responsible for the youth. Requirements also include
provisions for placement if INS does not deport the youth and for supervision
to be provided.
The amendment establishes procedures and criteria for notifying INS of
the presence of an undocumented foreign national youth in an operated facility
or for parole release.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.081,
which provides the Texas Youth Commission with the authority to release under
supervision any child in its custody.
The adopted rule implements the Human Resource Code, §61.034.
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 January 8, 2001.
TRD-200100087
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: January 31, 2001
Proposal publication date: December 8, 2000
For further information, please call: (512) 424-6301
Subchapter A. PROGRAM PLANNING
37 TAC §87.21, §87.23
The Texas Youth Commission (TYC) adopts an amendment to §87.21,
concerning Independent Living Preparation, and to §87.23, concerning
Subsidized Independent Living with changes to the proposed text as published
in the December 8, 2000, issue of the
Texas Register
(25 TexReg 12156). Changes to the proposed texts consist of correction
of the wording to make the text a complete sentence and other minor changes.
The justification for amending the sections are defining the compliance
standards by which TYC will provide monetary support for youth becoming independent.
The amendments will define the guidelines for TYC youth to receive financial
assistance.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Human Resources Code, §
61.076, which provides the Texas Youth Commission with the authority to require
the youth to participate in treatment that will allow for a return to the
community and be a productive citizen.
The adopted rules implements the Human Resource Code, §61.034.
§87.21.Independent Living Preparation.
(a)
Purpose. The purpose of this rule is to establish criteria
and procedures by which the Texas Youth Commission (TYC) provides for independent
living preparation to give youth the skills and practical experience necessary
to attain self-sufficiency.
(b)
Completion of the independent living preparation program
is a prerequisite for entering the subsidized independent living program.
See (GAP) §87.23 of this title (relating to Subsidized Independent Living).
(c)
Requirements for Admission. Youth admitted to an independent
living preparation program shall meet the following criteria:
(1)
youth must be at least 16.10 years of age, or if not, the
youth must be expected to be at least 17 years of age at the projected completion
date;
(2)
has had no incidents of assault within 60 days prior to
admission;
(3)
has had no escapes or attempted escapes within 30 days
prior to admission; and
(4)
has had no suicidal ideation within six months prior to
admission.
(d)
Program Requirements. Youth shall have successfully completed
the independent living preparation program when the minimum performance requirements,
as outlined below have been met. The Individual Case Plan (ICP) is developed
and maintained according to the rules in (GAP) §87.1 of this title (relating
to Case Planning).
(e)
Program Completion Criteria.
(1)
A youth ever classified as type A violent offender, type
B violent offender, chronic serious offender, firearms offender, or sentenced
offender shall have successfully completed an independent living preparation
program and therefore is eligible for independent living subsidy when he/she
has:
(A)
completed the eight independent living skills modules demonstrated
by a score of 70 or above on the quizzes;
(B)
completed 120 hours of community service;
(C)
maintained employment for 120 consecutive days;
(D)
a minimum of $900 in a savings account.
(2)
A youth ever classified as a controlled substance dealer
shall have successfully completed an independent living preparation program
and therefore is eligible for independent living subsidy when he/she has:
(A)
completed the eight independent living skills modules demonstrated
by a score of 70 or above on the quizzes;
(B)
completed 100 hours of community service;
(C)
maintained employment for 90 consecutive days;
(D)
a minimum of $650 in a savings account.
(3)
A youth ever classified as a general offender or a violator
of CINS probation shall have successfully completed an independent living
preparation program and therefore is eligible for independent living subsidy
when he/she has:
(A)
completed the eight independent living skills modules demonstrated
by a score of 70 or above on the quizzes;
(B)
completed 80 hours of community service;
(C)
maintained employment for 60 consecutive days;
(D)
a minimum of $650 in a savings account.
(4)
A youth may complete the requirements listed above while
in a non-residential location with the assistance of the assigned primary
service worker (PSW).
§87.23.Subsidized Independent Living.
(a)
Purpose. The purpose of this rule is to establish procedures
and controls under which the Texas Youth Commission (TYC) provides qualified
youth with financially subsidized independent living support for a limited
period of time as necessary for youth to attain self-sufficiency.
(b)
Requirements for Subsidy. Youth shall not qualify for financial
subsides unless he/she has successfully completed an independent living preparation
program according to the rules in (GAP) §87.21 of this title (relating
to Independent Living Preparation).
(c)
Subsidy Description.
(1)
Youth eligible to receive subsidy assistance may do so
for a period of six months. Any extensions beyond six months requires the
approval of the administrator of halfway houses and independent living.
(2)
Subsidy shall be limited to the following items:
(A)
rent;
(B)
household goods;
(C)
food;
(D)
transportation;
(E)
clothing (employment related);
(F)
emergency medical;
(G)
temporary housing;
(H)
counseling;
(I)
college expenses; and
(J)
technical school/training.
(3)
Exceptions to the youth subsidy assistance list require
the approval of the administrator of halfway houses and independent living.
(d)
Program Requirements.
(1)
Supervision.
(A)
Youth are on intensive parole supervision levels while
receiving a rent subsidy.
(B)
The primary service worker (PSW) shall have access to a
youth's living quarters according to the rent subsidy status.
(i)
Youth receiving a rent subsidy are required to provide
a key to his or her living quarters to the PSW supervising the youth's case.
The PSW is allowed to enter his or her living quarters and search the premises
for contraband with or without the youth present.
(ii)
After TYC rent subsidy has ceased, the youth is required
to provide access to his/her living quarters to the PSW for purposes of assuring
compliance with release conditions. Entrance to the living quarters will take
place when youth is present, under normal circumstances.
(2)
Program Completion. Youth are considered to have successfully
completed independent living subsidy assistance when all the requirements
outlined in the Independent Living Subsidy Program Contract have been met.
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 January 8, 2001.
TRD-200100101
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: January 31, 2001
Proposal publication date: December 8, 2000
For further information, please call: (512) 424-6301
37 TAC §87.67
The Texas Youth Commission (TYC) adopts an amendment to §87.67,
concerning Corsicana Stabilization Unit, without changes to the proposed text
as published in the December 1, 2000 issue of the
Texas Register
(25 TexReg 11902).
The justification for amending the section is clarifying the admission
process to make all referrals directly to the stabilization unit admissions
panel rather than involve the Centralized Placement Unit (CSU) in the process.
The amendment will provide criteria for the conducting of due process hearings,
as well as additions to release and transition options. Criteria for releases
must be consistent with admission criteria and institutional youth will be
transitioned to a treatment team.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.076,
which provides the Texas Youth Commission with the authority to provide specialized
treatment for emotionally disturbed youth in providing specialized psychiatric
care.
The adopted rule implements the Human Resource Code, §61.034.
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 January 2, 2001.
TRD-200100011
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: January 31, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 424-6301
Subchapter A. BASIC SERVICES
37 TAC §91.9
The Texas Youth Commission (TYC) adopts new §91.9, concerning
Youth Personal Property: Independent Living, with changes to the proposed
text as published in the December 8, 2000, issue of the
Texas Register
(25 TexReg 12158). Changes to the proposed text consist
of restructuring section (f) moving subsection (2) to (3) and making subsection
(3) now (2).
The justification for the new rule is to ensure that TYC is not liable
for a youth's property and eliminates property disputes.
The new rule will establish TYC's responsibility regarding a youth's personal
property while in an independent living setting outside the confines of a
TYC operated or contract facility.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Human Resources Code, §61.076,
which provides the Texas Youth Commission with the authority to require modes
of life and conduct that are best adapted to fit the child to return to full
liberty in the community.
The adopted rule implements the Human Resource Code, §61.034.
§91.9.Youth Personal Property: Independent Living.
(a)
Purpose. The purpose of this section is to establish the
Texas Youth Commission's (TYC's) responsibility regarding a youth's personal
property while the youth is assigned to an independent living location.
(b)
Applicability.
(1)
Rules governing youth and TYC responsibility for a youth's
personal property while the youth is assigned to a TYC residential facility
can be found in (GAP) §91.7 of this title (relating to Youth Personal
Property).
(2)
Rules governing search of TYC youth and personal property
can be found in (GAP) §97.9 of this title (relating to Search).
(3)
Contraband is disposed of according to (GAP) §97.11
of this title (relating to Control of Unauthorized Items Seized).
(c)
TYC is neither liable for nor will replace lost, stolen,
or damaged personal items of youth assigned to an independent living location.
(d)
TYC youth placed in an independent living location will
be asked to designate a responsible contact person to be contacted in the
event of revocation or unauthorized absence.
(e)
TYC staff may conduct a search of the youth's room and/or
dwelling for the purpose of finding and seizing contraband. Property items
considered to be contraband by TYC, but not illegal, will be sent to the youth's
family or provided contact person.
(f)
Reimbursement.
(1)
TYC will not reimburse youth for personal property that:
(A)
the youth has abandoned while in an independent living
location; or
(B)
the youth's contact person has failed to claim and transport
when youth is revoked or returned to a higher restriction placement from an
independent living location; or
(C)
is lost or damaged in transport via mail or postal delivery.
(2)
Youth may request reimbursement for personal possessions
lost or damaged due to staff negligence. No reimbursement will be made unless
there is sufficient evidence to indicate that the loss was the result of staff
negligence.
(3)
No reimbursement shall exceed $100 per loss unless approval
is obtained from the contract program administrator (for contract programs)
or from the appropriate central office director of juvenile corrections.
(4)
In a TYC contracted program, independent living funds may
be expended for replacement of items and/or property with the approval from
the appropriate central office director of juvenile corrections.
(g)
Authorized Location Change. TYC youth placed on the independent
living program in the community are responsible for moving his or her personal
property and clothing to any other approved location. Any personal property
or clothing a youth possesses will move with the youth to each assigned placement.
(h)
Unauthorized Absence.
(1)
TYC is not responsible for collection and storage of items
a youth has abandoned while at an independent living location.
(2)
A youth who has absconded from an independent living location
i.e. apartment, duplex, dormitory, etc. shall be considered to have abandoned
his property, including furniture. Any personal items and/or property that
remain in the independent living location when the youth is no longer present
due to unauthorized absence the primary service worker (PSW) determines:
(A)
If rent or damages are owed to the lessor, the property
will be used toward payment of that debt according to the Texas Apartment
Association (TAA) lease.
(B)
If there are any remaining items and/or property, the PSW
will notify the youth's contact person within 72 hours to claim the youth's
items and/or property.
(i)
The notification will include the location of the youth's
personal property and clothing.
(ii)
The contact person will be allowed ten (10) days from
the time of being notified by the PSW to arrange for removal and transportation
of the items and/or property at the contact person's expense.
(C)
If the remaining items and/or property has not been claimed
by the youth's contact person, the items and/or property will be reassigned
to another TYC youth by the PSW. If any items and/or property remains, it
can then be donated to charity. If charity refuses any remaining items and/or
property, it can then be discarded.
(i)
Revocation. When a youth's parole is revoked the youth
is returned to a higher restriction program from an independent living location.
Any personal items and/or property that remain in the independent living location
when the youth is no longer present due to revocation, the (PSW) determines:
(1)
If rent or damages are owed to the lessor, the property
will be used toward payment of that debt according to the TAA lease.
(2)
If there are any remaining items and/or property, the PSW
will notify the youth's contact person within 72 hours to claim the youth's
items and/or property.
(A)
The notification will include the location of the youth's
personal property and clothing.
(B)
The contact person will be allowed ten (10) days from the
time of being notified by the PSW to arrange for removal and transportation
of the items and/or property at the contact person's expense.
(3)
If the remaining items and/or property have not been claimed
by the youth's contact person, the items and/or property will be reassigned
to another TYC youth by the PSW. If any items and/or property remain, it can
then be donated to charity. If charity refuses any remaining items and/or
property, it can then be discarded.
(j)
Discharge. A youth who has been discharged from TYC while
assigned an independent living code or who has completed an independent living
program and wishes to move to another independent living location is responsible
for transportation of his personal property.
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 January 8, 2001.
TRD-200100089
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: January 31, 2001
Proposal publication date: December 8, 2000
For further information, please call: (512) 424-6301
37 TAC §91.99
The Texas Youth Commission (TYC) adopts new §91.99,
concerning Medical Admissions for Jefferson County State School, without changes
to the proposed text as published in the December 8, 2000, issue of the
The justification for the new rule is that it establish criteria and procedures
for medical admissions to the Jefferson County State School Adolescent Recovery/Rehabilitation
Center (JARRC) for more efficient delivery of health care. Program requirements
have been enhanced to address specific medical issues and release criteria
which includes medical discharge plans and follow-up with physicians where
the youth will be moved.
The new rule will increase specialized services to TYC youth with chronic
conditions who need more care in managing their disease, youth whose chronic
condition is uncontrolled, or youth whose condition requires frequent medical
monitoring and would be appropriate referrals to the JARRC. Youth who require
more frequent care due to an injury or post-operative care are also acceptable
referrals as well as youth requiring frequent trips to the University of Texas
Medical Branch.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Human Resources Code, §
61.076, which provides the Texas Youth Commission with the authority to provide
the type of treatment necessary for the well being of youth assigned to the
state's care.
The adopted rule implements the Human Resource Code, §61.034.
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 January 8, 2001.
TRD-200100088
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: January 31, 2001
Proposal publication date: December 8, 2000
For further information, please call: (512) 424-6301
37 TAC §93.31
The Texas Youth Commission (TYC) adopts an amendment to §93.31,
concerning Complaint Resolution System, without changes to the proposed text
as published in the December 8, 2000, issue of the
Texas Register
(25 TexReg 12161).
The justification for amending the section is that it allows facilities
to establish a group of persons proficient in other languages to assist in
translating and resolving youth complaints that are not made in English. If
there is no one available to translate the youth's complaint, outside means
will be used to translate the complaint, reach a resolution, and translate
the resolution into the youth's native language.
The amendment will allow youth with limited English proficiency to file
complaints in their native language.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to meet the specific
needs of the youth in its care.
The adopted rule implements the Human Resource Code, §61.034.
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 January 8, 2001.
TRD-200100086
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: January 31, 2001
Proposal publication date: December 8, 2000
For further information, please call: (512) 424-6301
37 TAC §93.33
The Texas Youth Commission (TYC) adopts an amendment to §93.33,
concerning Alleged Mistreatment, without changes to the proposed text as published
in the December 8, 2000, issue of the
Texas Register
(25 TexReg 12162).
The justification for amending the section is that it provide better notification
to parents and guardians of youths' serious investigations as well as allowing
employees faced with disciplinary action to review documents they would like
to dispute.
The amendment will now require the local administrator to notify the youth's
parent or guardian that a category 1 alleged mistreatment investigation is
being conducted as well as notify the parent or guardian of the outcome.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to have general
charge of and be responsible for the welfare, custody and rehabilitation of
the youth committed to its care.
The adopted rule implements the Human Resource Code, §61.034.
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 January 8, 2001.
TRD-200100085
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: January 31, 2001
Proposal publication date: December 8, 2000
For further information, please call: (512) 424-6301
37 TAC §93.53
The Texas Youth Commission (TYC) adopts an amendment to §93.53,
concerning Appeal to Executive Director, without changes to the proposed text
as published in the December 1, 2000 issue of the
Texas Register
(25 TexReg 11904).
The justification for amending the section is that it will add five decisions
that a youth can appeal to the Executive Director regarding assignment in
the behavior management program length of stay and extension, assignment to
the aggression management program length of stay as a result of an alleged
mistreatment investigation, a decision from a level IV hearing, and a decision
from a mental health status review.
The amendment will provide five additional decisions affecting TYC youth
to appeal directly to the Executive Director to ensure that youth rights are
met.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority and responsibility
for the welfare, custody, and rehabilitation of the children in a school,
facility, or program operated or funded by the commission.
The adopted rule implements the Human Resource Code, §61.034.
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 January 2, 2001.
TRD-200100006
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: January 31, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 424-6301
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §§95.1, 95.3, 95.7, 95.9, 95.11, 95.15, 95.17, 95.21
The Texas Youth Commission (TYC) adopts amendments to §95.1,
concerning Discipline System Overview; to §95.3, concerning Rules of
Conduct, Contraband, and Dress; to §95.9, concerning Parole Revocation
Consequences; to §95.11, concerning Disciplinary Transfer/Assigned Minimum
Length of Stay Consequence; to §95.15, concerning Parole Minor Disciplinary
Consequences; to §95.21, concerning Aggression Management Program, without
changes to the proposed text as published in the December 1, 2000, issue of
the
Texas Register
(25 TexReg 11905). Adopts
amendments to §95.7, concerning Reclassification Consequence and new
to §95.17, concerning Disciplinary Segregation Program, with changes
to the proposed text as published in the December 1, 2000, issue of the
The justification for amending the section is to bring all policies related
to segregation and due process into alignment. The new rule is designed to
increase accountability for youth as well as increase due process requirements
for imposing sanctions.
The amendments will clarify the practices used in disciplining youth. The
new rule will enhance segregation program services for youth in an institutional
setting.
No comments were received regarding adoption of the amendments and new
rule.
The amendments and the new rule are adopted under the Human Resources
Code, §61.075, which provides the Texas Youth Commission with the authority
to permit the youth under jurisdiction, liberty under supervision, order the
youth's confinement under conditions it believes best designed for the youth's
welfare and interest of the public, order re-confinement or renewed release,
revoke or modify conditions under order of the youth commission.
The adopted rules implement the Human Resource Code, §61.034.
§95.7.Reclassification Consequence.
(a)
Purpose. The purpose of this rule is to provide for the
reclassification of a youth as a disciplinary consequence for commission of
a high risk offense. Reclassification is considered a major consequence.
(b)
Applicability.
(1)
The due process necessary to effect this rule is found
in (GAP) §95.51 of this title (relating to Level I Hearing Procedure).
(2)
Additional procedures and restrictions are applied prior
to any movement of a sentenced offender youth. See (GAP) §85.33 of this
title (relating to Program Completion and Movement of Sentenced Offenders).
Also see (GAP) §85.37 of this title (relating to Sentenced Offender Disposition).
(c)
Explanation of Terms Used. A high risk offense - is any
major rule violation which may result in a classification other than general
offender or violator of CINS probation.
(d)
Reclassification Criteria and Disposition.
(1)
If a high risk offense is proved, the youth will be assigned
the appropriate classification for that offense. A youth may be reclassified
to the classification appropriate to the offense, regardless of the current
classification (except sentenced offenders).
(2)
If a high risk offense is proved and extenuating circumstances
are found incident to the offense, the youth will be assigned a classification
which is appropriate under the rules for waiver of classification. Extenuating
circumstances are defined in (GAP) §85.23 of this title (relating to
Classification).
(3)
If a youth on parole status is reclassified for a high
risk offense, the youth's parole is revoked and youth is placed in high restriction.
(4)
If a sentenced offender youth is found to have committed
a high risk offense, he/she may be assigned to any appropriate placement.
The appropriate placement is selected according to the totality of the circumstances,
including the youth's age, sentencing offense, length of time and progress
in TYC custody, and the nature of the misconduct for which the youth is being
disciplined.
(e)
Additional Disposition Options. If a youth currently assigned
to a TYC operated institution is found in a level I hearing to have engaged
in a high risk offense. Other dispositions may be made by the hearing examiner,
but only if such conduct meets the criteria and is specifically requested
in the initial hearing request for the level 1 reclassification hearing. If
extenuating circumstances are found by the hearing examiner according to the
level I hearing, other eligible dispositions may be assessed if the hearing
examiner decides that such dispositions are appropriate despite the finding
of extenuation to the reclassifying conduct. Disposition options are as follows:
(1)
Aggression Management Program. A placement in the Aggression
Management Program (AMP) may be requested for a youth who is currently assigned
to a TYC operated institution under (GAP) §95.21 of this title (relating
to Aggression Management Program). All policy and program requirements of
(GAP) §95.21 will apply to the assignment in AMP.
(2)
Behavior Management Program.
(A)
A placement in the Behavior Management Program (BMP) may
be requested for certain youth under (GAP) §95.17 of this title (relating
to Behavior Management Program). All policy and program requirements of (GAP) §95.17,
Behavior Management Program will apply to the assignment in BMP.
(B)
A maximum length of stay in BMP shall run concurrently
with any new reclassification minimum length of stay.
(f)
Restrictions.
(1)
A level I hearing is required in order to reclassify a
youth.
(2)
When local authorities make a written request to defer
an allegation to their jurisdiction for prosecution, TYC will cancel the directive,
unless a due process hearing will be scheduled on other allegation(s). A due
process hearing on any allegation(s) shall be scheduled within seven days
(excluding weekends and holidays).
§95.17.Behavior Management Program.
(a)
Purpose. The purpose of this rule is to provide for a Texas
Youth Commission (TYC) youth, assigned to a TYC operated institution, to be
placed in the Behavior Management Program (BMP) and assigned a 90-day disciplinary
maximum length of stay as a consequence for behavior that violates rules.
Assurance that the youth is sufficiently in control to be returned to general
population is affirmed by compliance with the BMP. Disciplinary transfer and
segregation with an assigned maximum length of stay is a major consequence.
(b)
Applicability. This rule does not apply to:
(1)
the use of the same or adjacent space when used specifically
as security intake. See (GAP) §97.37 of this title (relating to Security
Intake).
(2)
the use of the same or adjacent space when used specifically
as a security program. See (GAP) §97.40 of this title (relating to Security
Program).
(3)
the use of the same or adjacent space when used specifically
as detention in a TYC institution. See (GAP) §97.43 of this title (relating
to Institution Detention Program).
(4)
the use of same or adjacent space when used specifically
as temporary admission. See (GAP) §85.41 of this title (relating to Temporary
Admission Awaiting Transportation).
(5)
the aggression management program. See (GAP) §95.21
of this title (relating to Aggression Management Program).
(c)
Explanation of Terms Used.
(1)
Special Services Panel - A panel comprised of the director
of clinical services, a program administrator, and a caseworker, which reviews
the recommendation for admission to BMP made by the youth's caseworker.
(2)
Program Review Panel - A three-person panel chaired by
the assistant superintendent, which reviews BMP extension requests.
(3)
Individual Behavior Management Plan - A plan developed
for each youth in the BMP which consists of objectives which address the behavior
or cluster of behaviors that prevent the youth from successfully participating
in regular programming.
(4)
Aggression Management Program (AMP) - A program designed
for removing youth from the general population for dangerously aggressive
behavior.
(5)
Admissions, Review, and Dismissal (ARD) committee - A committee
that makes decisions on educational matters of special education students.
(6)
Individual Education Plan (IEP) - The prescribed plan by
which education will be delivered to a special education student.
(d)
Contract Care Program Restriction. TYC contract programs
shall not develop a BMP having a specific disciplinary length of stay.
(e)
Program Eligibility and Admission.
(1)
Eligibility.
(A)
Youth eligible for the BMP are youth who knowingly engage
in, aid, or abet someone else to engage in one or more of the following behaviors:
(i)
willful destruction of property of $100 or more; or
(ii)
assault resulting in bodily injury; or
(iii)
escape or attempted escape as defined in (GAP) §97.29
of this title (relating to Escape/Abscondence and Apprehension); or
(iv)
intentionally participating in riotous conduct as defined
in (GAP) §97.27 of this title (relating to Riot Control); or
(v)
engaging in inappropriate sexual contact, sexual assault,
or aggravated sexual assault; or
(vi)
possessing any item defined as a weapon in the Penal Code
or threatening others with use of an object which could be used as a weapon;
or
(vii)
threatening bodily injury to others; or
(viii)
possessing a controlled substance; or
(ix)
engaging in self-harm; or
(x)
chronic and substantial disruption of the routine of the
facility program with ten or more security admissions or extensions in a three-month
period or five or more security admissions or extensions in a 30-day period,
without reduction in the frequency of the disruptive behaviors. Disruptive
behavior is behavior, which prevents or significantly interferes with others'
ability to participate in scheduled activities and programs.
(B)
Referral is made to a Special Services Panel and approved
by the assistant superintendent based on a determination that the following
criteria have been met:
(i)
The youth poses a continuing risk for identified admitting
behavior(s); and
(ii)
when appropriate, less restrictive methods of documented
intervention have failed and are unable to manage the risk; and
(iii)
the mental status of the youth is assessed and there
are no therapeutic contraindications for admission to the BMP.
(2)
Due Process Hearing. If there is a finding of true with
no extenuating circumstances in a level II hearing that the youth engaged
in one of the behavioral criteria listed in paragraph (1)(A)(i) of this subsection,
the youth is admitted to the BMP with an assigned 90-day disciplinary maximum
length of stay. See (GAP) §95.51 of this title (relating to Level II
Hearing Procedure).
(3)
Appeal. The youth shall be informed of his/her right to
appeal to the executive director. See (GAP) §93.53 of this title (relating
to Appeal to Executive Director). The pendency of an appeal shall not preclude
implementation of the decision.
(4)
Dispositions.
(A)
Pursuant to a level II hearing herein, certain youth who
are assessed a disposition under this rule may also be assigned a disciplinary
minimum length of stay disposition but only if criteria have been met and
if the youth was given notice of the specific disposition request. All policy
and program requirements of (GAP) §95.11 of this title (relating to Disciplinary
Transfer/Assigned Minimum Length of Stay Consequence) will apply to the assignment
of such.
(B)
BMP Placement Pending Assignment to the Aggression Management
Program (AMP). If the disposition at the level II hearing held pursuant to
this policy also resulted in a placement in an AMP, but bed space is not available
in the AMP, the youth may be assigned to a placement in the BMP (at the youth's
current placement) pending admission to AMP, but only if criteria for the
AMP was proven and the youth was given notice of the specific disposition
to AMP. If the youth completes the disciplinary maximum length of stay in
the BMP (including the extension) prior to admission to AMP, the youth shall
not be admitted to AMP as a result of the conduct determined at the level
II hearing that resulted in the placement to BMP.
(5)
A BMP length of stay runs concurrently with a youth's classification
minimum length of stay, or any disciplinary assigned minimum length of stay.
(6)
Families are notified of youth's admission to the BMP within
24 hours of the hearing.
(f)
Program Completion.
(1)
An Individual Behavior Management Plan must be developed
for each youth. The plan will consist of objectives that address the behavior
or cluster of behaviors that prevent the youth from successfully participating
in regular programming. The plan will be explained to the youth and he/she
will sign the plan in acknowledgment.
(2)
A youth shall be released when one of the following occurs:
(A)
youth has met specific performance objectives on the Individual
Behavior Management Plan; or
(B)
youth has completed his/her length of stay; or
(C)
youth is transferred to the AMP pursuant to section (e)(4)
of this section.
(g)
Program Extension.
(1)
An extension of up to 30 days may be recommended by a Program
Review Panel and approved by the superintendent if the following criteria
have been met:
(A)
youth's behavior does not comply with program; and
(B)
an appropriate Individual Behavior Management Plan addressing
the non-conforming behaviors of the youth has been developed and implemented;
and
(C)
the modified behavior management plan can be completed
within 30 days; and
(D)
the mental status of the youth was assessed and there are
no therapeutic contraindications for continued confinement in the BMP.
(2)
Reporting. A Program Review Panel Report must be completed
and forwarded to the superintendent within 10 working days following the hearing.
The report shall include the panel's findings and explanation of the rationale
for the findings. If the decision is appealed, the report should be expedited.
(3)
Appeal. The youth shall be informed of his/her right to
appeal to the executive director. See (GAP) §93.53 of this title (relating
to Appeal to Executive Director). The pendency of an appeal shall not preclude
implementation of the decision.
(h)
Program Requirements.
(1)
Individual doors are locked.
(2)
All segregation programs will ensure at a minimum the following:
(A)
appropriate psychological and medical services;
(B)
the same food, including snacks prepared in the same manner
as for other youth except for special diets that are prescribed on an individual
basis by a physician, dentist or psychiatrist or approved by a chaplain;
(C)
one hour of large muscle exercise daily; and
(D)
appropriate educational services.
(3)
The assistant deputy executive director for juvenile corrections
will approve a standardized program and rules for the security unit.
(4)
The director of security will post the program schedule
and rules of the security unit and ensure the rules are reviewed with and
signed by the youth.
(5)
Youth will engage in the standardized program and comply
with the rules of the security unit, but if programming is not provided, youth
may remain on their mattresses during that time.
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 January 2, 2001.
TRD-200100015
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: January 31, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 424-6301
37 TAC §§95.51, 95.55, 95.57, 95.59
The Texas Youth Commission (TYC) adopts an amendment to §95.51,
concerning Level I Hearing Procedure; and §95.55, concerning Level II
Hearing Procedure, without changes to the proposed texts as published in the
December 1, 2000 issue of the
Texas Register
(25 TexReg 11910). Adopts an amendment to §95.57, concerning Level III
Hearing Procedure; and to §95.59, concerning Level IV Hearing Procedure,
with changes to the proposed texts as published in the December 1, 2000 issue
of the
Texas Register
(25 TexReg 11910). Changes
to the proposed text §95.57 Level III Hearing Procedure consist of minor
grammatical changes and an additional provision for the hearing administrator
to base a decision upon reasonable grounds. Changes to the proposed text §95.59
Level IV Hearing Procedure consist of minor grammatical changes in the language,
making the required time frames consistent with other applicable policy, and
adding specific requirements for notification of appeals.
The justification for amending the section is to align all of TYC's due
process hearings to coincide with the new segregation policies.
The amendment will create a fair and equitable system of imposing sanctions
and ensuring the youth is afforded due process in assigning any form of disciplinary
action.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to determine
the appropriate types of treatment and sanctions for youth committed to the
care custody and control of the Texas Youth Commission.
The adopted rules implement the Human Resource Code, §61.034.
§95.57.Level III Hearing Procedure.
(a)
Purpose. The purpose of this rule is to establish a hearing
procedure as the appropriate informal due process for immediately imposing
disciplinary consequences at the site of the youth's program.
(b)
Applicability.
(1)
See (GAP) §95.13 of this title (relating to On-Site
Disciplinary Consequences); and
(2)
When a level III hearing is conducted to determine admission
or extension to the security program also see the requirements of (GAP) §97.40
of this title (relating to Security Program).
(c)
Prior to assigning an on-site consequence, staff shall
follow basic minimum due process procedure to ensure that the youth is aware
of the alleged misconduct and the consequence, and is given opportunity to
speak on his or her behalf.
(d)
To initiate the level III hearing, the youth will be notified
orally of the time and date of the hearing, the rule violation(s) and the
recommended consequences to be imposed prior to implementing any action.
(e)
The youth has the right and will be given the opportunity
to speak on his or her behalf regarding alleged misconduct or the appropriateness
of the disciplinary measure.
(f)
If the level III hearing involves a decision for admission
or an extension to the security program the youth will be appointed an advocate.
(g)
The administrator may consider any reasonably reliable
information in reaching a decision regarding the truth of the youth's alleged
misconduct and the appropriateness of the disciplinary consequences.
(h)
If the hearing administrator has reasonable grounds to
believe the violation occurred, the appropriate disciplinary consequence maybe
imposed, unless there is a finding of extenuating circumstances to the commission
of the violation.
(i)
The youth may appeal the disciplinary decision to the appropriate
staff or team on grounds that:
(1)
he did not commit the violation as alleged; or
(2)
the disciplinary measure imposed was inappropriate; or
(3)
there were extenuating circumstance to the commission of
the violation.
(j)
If the disciplinary decision is determined to be inappropriate
it will be removed from the youth's behavioral record, and staff or team may
determine some form of equitable relief for a youth who has already completed
a disciplinary measure and/or has been adversely affected.
§95.59.Level IV Hearing Procedure.
(a)
Purpose. The purpose of this rule is to establish a procedure
to determine whether justification exists to warrant holding a youth in detention
pending a hearing or trial when the hearing or trial cannot be held within
ten days of the detention.
(b)
Applicability.
(1)
The level I due process procedures referred to herein are
found in (GAP) §95.51 of this title (relating to Level I Hearing Procedure).
(2)
The level II due process procedures referred to herein
are found in (GAP) §95.55 of this title (relating to Level II Hearing
Procedure).
(c)
A detention review hearing procedure (level IV hearing)
shall be held to determine whether justification exists to warrant holding
a youth in detention pending a hearing or trial when a level I or II hearing
or a trial is not held and continued detention is necessary and appropriate
based stated criteria in (GAP) §97.41 of this title (relating to Community
Detention) or (GAP) §97.43 of this title (relating to Institution Detention
Program). The timing of the required due process level IV hearing is related
to the facility in which the youth is detained. A detention review hearing
will be conducted by TYC staff:
(1)
for youth assigned to a TYC institution held in the TYC
institution detention program:
(A)
on or before 72 hours from admission to the institution
detention program; and
(B)
within ten working days of the previous detention review
hearing.
(2)
for a youth held in community detention when the level
I or II hearing cannot be held within ten days if the community detention
staff does not hold a detention hearing. The hearing will be conducted ten
working days from initial detention.
(d)
Procedure.
(1)
Decision Maker.
(A)
A parole supervisor, quality assurance administrator, halfway
house superintendent, or an institution superintendent shall appoint a decision
maker, who will schedule the hearing.
(B)
The decision-maker shall be impartial and shall not have
been the person who admitted the youth to the security intake or the institution
detention program.
(2)
Detention Review Hearings.
(A)
The youth has a right and shall be informed of his right
to be represented:
(i)
in a level I hearing, a youth shall be represented by counsel.
Counsel is:
(I)
an attorney obtained by the youth; or
(II)
the attorney appointed to represent the youth.
(ii)
in a level II hearing or pending a trial, a youth shall
be represented by a youth advocate. If the trial attorney chooses to be the
youth's advocate in a level IV hearing, he may represent the youth but is
not required to do so.
(B)
The youth may waive the level IV hearing after being advised
by an attorney (for a level I hearing) or an advocate (for a level II hearing).
(C)
The hearing shall be tape-recorded and the recording shall
be the official record of the hearing. Tape recordings shall be preserved
for six months following the hearing.
(D)
When a detention review is necessary due to the adjournment
of a level I telephone hearing under (GAP) §95.53 of this title (relating
to Level I Hearing by Telephone), the hearings examiner may conduct a level
IV hearing following adjournment of the telephone hearing.
(E)
The staff responsible for calling for the level I or II
hearing, or the Primary Service Worker (PSW) of the youth being held for trial
must show cause to detain the youth pending the hearing or trial. The attorney
or advocate may present evidence as to why the youth should not be detained.
(3)
The Decision.
(A)
The decision-maker shall base his or her decision on criteria
for detention. See criteria in (GAP) §97.41 of this (relating to Community
Detention) and (GAP) §97.43 of this title (relating to Institution Detention
Program).
(B)
If criteria are not met, the youth must be released to
his assigned location.
(4)
Appeal.
(A)
The youth is informed of his/her right to appeal to the
executive director pursuant to (GAP) §93.53 of this title (relating to
Appeal to Executive Director).
(B)
The pendency of an appeal shall not preclude implementation
of the decision-maker's dispositional decision; however this appeal shall
be expedited by the PSW by notifying the complaint coordinator in the office
of general counsel of the appeal and forwarding the record and evidence by
fax for consideration immediately from notice of appeal.
(C)
For youth assigned to a TYC institution, who are held in
an institution detention program, an automatic appeal to the executive director
will be filed on the third and subsequent level IV hearing to determine if
the institution detention criteria have been proven. The PSW will initiate
the automatic appeal.
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 January 2, 2001.
TRD-200100018
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: January 31, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 424-6301
37 TAC §95.59
The Texas Youth Commission (TYC) adopts the repeal of §95.59,
concerning Level IV Hearing Procedure, without changes to the proposed text
as published in the December 1, 2000 issue of the
Texas Register
(25 TexReg 11914).
The justification for the repeal allows for adoption of a new section regarding
a youth being detained in a detention program at an institution pending trial
or hearing.
The repeal will allow the publication of a new section to establish a procedure
to determine whether justification exists to warrant holding a youth in detention
pending a hearing or trial when the hearing or trial cannot be held within
ten days of the detention.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to determine
the appropriate types of treatment and sanctions for youth committed to the
care custody and control of the Texas Youth Commission.
The adopted repeal implements the Human Resource Code, §61.034.
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 January 2, 2001.
TRD-200100008
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: January 31, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 424-6301
Subchapter A. SECURITY AND CONTROL
37 TAC §§97.23, 97.37, 97.39 - 97.41, 97.43
The Texas Youth Commission (TYC) adopts an amendment to §97.39,
concerning Isolation; and §97.41, concerning Community Detention; and
adopts new §97.37, concerning Security Intake without changes to proposed
text as published in the December 1, 2000, issue of the
Texas Register
(25 TexReg 11920). Adopts new to §97.40, concerning
Security Program; and §97.43, concerning Institution Detention Program;
an amendment to §97.23, concerning Use of Force, with changes to the
proposed text as published in the December 1, 2000, issue of the
Texas Register
(25 TexReg 11920). Changes to the proposed text new §97.40
Security Program consist of minor grammatical corrections to the text. Changes
to the proposed text new §97.43 Institution Detention Program consist
of adding to the purpose of the rule to allow to be eligible for placement
in the Institution Detention Program youth that have charges against them
pending or filed, or youth that are awaiting a due process hearing or trial,
or who are awaiting transportation subsequent to a hearing or trial. Changes
were also made to the title of each program in the security unit. Changes
were also made to the allowed time frame a youth may be detained in this specific
program. Additions of sentences to clarify criteria for placement were also
incorporated as well as renumbering of subsections. Text was added to clarify
requirements of due process time frames and transportation arrangements. Inclusion
of a youth's right to appeal was added as well as addition of specific program
requirements related to standardized programming. Changes to the proposed
text amended §97.23 Use of Force consist of one minor grammatical change
in the title of a policy.
The justification for amending the section is to align existing policies
with the new rules, and the justification for the new rule is to provide specific
programs to help discipline negative behavior.
The amendment will provide consistency and new rule will enforce a consistent
and fair method of imposing disciplinary sanctions.
No comments were received regarding adoption of the amendments and new
rules.
The amendments and new rules are adopted under the Human Resources
Code, §61.045, which provides the Texas Youth Commission with the authority
to operate programs and facilities that meet the rehabilitation needs of delinquent
youth.
The adopted rule implements the Human Resource Code, §61.034.
§97.23.Use of Force.
(a)
Purpose. The purpose of this rule is to provide:
(1)
criteria for using physical or mechanical force when necessary
to control a volatile situation; and
(2)
restrictions and guidelines to promote safety of youth
and staff. Force is used as a last resort and only when necessary. When use
of physical force is necessary, it should be measured and progressive in nature,
however, when impractical, the amount and type of force necessary to control
violence should be used. Measured and progressive force may be impractical
when it would likely result in injury to youth and staff.
(b)
Applicability. For rules controlling use of chemical agents,
see (GAP) §97.25 of this title (relating to Use of Force: Chemical Agent
OC) and (GAP) §97.27 of this title (relating to Riot Control).
(c)
Explanation of Terms Used.
(1)
Force - Any physical contact exerted upon a person to compel
or arrest bodily movement.
(2)
Physical restraint - Use of a person's physical exertion
to completely or partially constrain another person's bodily movement.
(3)
Escort - The physical force used to cause the movement
of a person from one location to another.
(4)
Mechanical restraint - Use of a mechanical device(s) to
aid in the restriction of a person's bodily movement.
(5)
Full body restraint - The use of padded cloth or leather
mechanical restraint devices to secure a person to a specially designed bed.
(Permitted only in the Texas Youth Commission (TYC) institutions and in contract
facilities approved by the executive director or designee.)
(6)
Chemical agents - The chemical agents approved for TYC
use.
(d)
Force. Types of force approved for TYC use according to
criteria and other limitations are physical restraint, chemical agents, escort,
mechanical restraint, and full body restraint.
(e)
Criteria for Use. Force may be used only as a last resort
and only as a control measure to ensure the safety and welfare of youth, staff,
or the public. The use of force (to restrain or compel movement) shall be
limited to instances of:
(1)
protection of the youth from imminent self-harm; (Including
the administration of medical treatment in a situation that is life threatening
and/or youth is engaging in imminently serious self-injurious behavior).
(2)
self-protection from imminent harm.
(3)
protection of third parties from imminent harm; (including
resistance to search for contraband in compliance with (GAP) §97.09 of
this title (relating to Youth Search).
(4)
prevention of imminent property damage.
(5)
prevention of escape/abscond or attempted escapes (including
transportation, when circumstances create a risk of escape/abscond or harm).
(6)
movement of a referred youth to the security unit or alternative
education classroom. A youth may also be moved within the security unit when
the youth's behavior is substantially disruptive and the youth refuses to
follow a reasonable order of the security staff.
(7)
collection of a DNA sample as required by law. Force may
be used only by TYC staff and only when and to the degree staff reasonably
believes force is immediately necessary to obtain the sample.
(f)
Restrictions.
(1)
Force shall not be used as punishment, discipline, or as
a convenience for staff.
(2)
Staff, not youth, shall be solely responsible for the exercise
of force and restraint.
(3)
Staff shall use the amount and type of force necessary
to control the situation except when a staff member is acting alone in which
case he/she shall not be expected to use force or restraint when the risk
of harm presented by the youth's conduct does not outweigh the possible risk
of harm to youth or staff which would likely result if the staff acted alone.
(4)
Physical force should be used as a last resort and only
when necessary. When use of physical force is necessary, it should be measured
and progressive in nature, however, when measured and progressive use is impractical,
the amount and type of force necessary to control violence should be used.
Physical restraint may be impractical when to do so would likely result in
injury to staff.
(5)
When physical or mechanical restraint is employed, staff
shall ensure the youth's safety by checking the youth for adequate respiration
and circulation, providing continuous visual supervision, and providing assistance
as appropriate until the restraint is terminated.
(6)
A physical or mechanical restraint, other than during transportation
or a riot, shall be terminated within a short period of time unless the youth
is exhibiting or threatening to continue behaviors, which justify the use
of restraint. If continued restraint is justified, restraint must be terminated
when the youth's behavior ceases to pose a threat or if used during transportation,
when the destination is reached.
(g)
Use of Restraints During Transportation.
(1)
Transportation by the Transportation Unit. Mechanical wrist
and ankle restraints shall be used during transportation by the transportation
unit to prevent escape or violent behavior and to ensure the safety of the
youth and the community.
(2)
Transportation by Other Than the Transportation Unit.
(A)
Mechanical ankle restraints shall be used during transportation
when a youth is being transported to a high restriction program.
(B)
Mechanical wrist restraints may also be used when a youth's
behavior prior to or during transportation leads staff to believe the youth
is likely to attempt to escape/abscond, engage in violent behavior, or harm
himself if not restrained.
§97.40.Security Program.
(a)
Purpose. The purpose of this rule is to provide for a security
program in Texas Youth Commission (TYC) institutions and secure contract programs
for the placement of out of control youth when specific criteria are met and
to establish program operation requirements. Assurance that youth is sufficiently
in control to be returned to general population is affirmed by compliance
with the standardized program or rules of the security program which are supplied
to the youth upon admission to security intake.
(b)
Applicability.
(1)
This rule does not apply to:
(A)
the use of the same or adjacent space when used specifically
as security intake. See (GAP) §97.37 of this title (relating to Security
Intake);
(B)
the use of the same or adjacent space when used specifically
as detention in a TYC institution. See (GAP) §97.43 of this title (relating
to Institution Detention Program);
(C)
the use of the same or adjacent space when used specifically
as disciplinary segregation. See (GAP) §95.17 of this title (relating
to Behavior Management Program);
(D)
the use of the same or adjacent space when used specifically
as temporary admission. See (GAP) §85.41 of this title (relating to Temporary
Admission Awaiting Transportation);
(E)
the aggression management program (AMP). See (GAP) §95.21
of this title (relating to Aggression Management Program).
(2)
When a level III hearing is conducted to determine admission
or an extension to the security program, this policy needs to be read in conjunction
with (GAP) §95.57 of this title (relating to Level III Hearing Procedure).
(c)
Admission Criteria. A youth may be admitted to the security
program if there is reason to believe, based on overt acts by the youth, and/or
under the following circumstances:
(1)
the youth is a serious and continuing escape risk; or
(2)
the youth is a serious and immediate physical danger to
himself or herself or others and staff cannot protect the youth or others
except by admitting the youth to security program; or
(3)
the confinement is necessary to prevent imminent and substantial
destruction of property; or
(4)
the confinement is necessary to control behavior that creates
disruption of the youth's current program; or
(5)
the youth is not complying with the standardized program
or rules of the security unit while in security intake or in the security
program; or
(6)
upon the youth's own request, unless campus-wide self referral
has been disallowed by the superintendent or designee.
(d)
Admission Process.
(1)
A decision-maker is appointed by the superintendent to
conduct a level III hearing to determine whether admission criteria have been
met. As a result of the hearing, the youth shall be either:
(A)
released to the general population; or
(B)
admitted to the security program for up to 24 hours.
(2)
The following staff may be appointed to be the decision-maker:
superintendent, assistant superintendent, administrative duty officer (ADO),
program administrator (PA), institution placement coordinator (IPC), principal,
a caseworker, or a designated juvenile correctional officer (JCO) V trained
in the security policy and procedure to admit youth to the program. The director
of security may not admit a youth to security.
(3)
The director of security or designee will review all admission
decisions to determine if admission criteria have been met. The director of
security or designee shall not have been involved in the level III hearing.
(4)
Based upon a finding of true to the admission criteria,
and no extenuating circumstances, the youth will be admitted into the security
program.
(5)
The youth will be notified of his or her right to appeal
in writing. The appeal of an
admission
to
the security program will be to the superintendent, assistant superintendent
or the ADO as long as they were not the decision-maker for admission.
(6)
The youth's advocate will be assigned by the decision-maker
for the level III due process hearing. Whenever practical, the advocate may
be a person chosen by the youth.
(7)
The youth may be released from the security program by
the director of security or designated staff authorized to admit youth in
this policy.
(e)
Restrictions.
(1)
A youth shall not remain in the security program more than
24 hours from admission to the program solely on the basis of the behavior
for which he was admitted to security intake.
(2)
A youth shall not remain in the security program more than
24 hours from admission without the required extended stay due process hearing
protections.
(f)
Extended Stay Requirements.
(1)
A youth's stay in the security program may be extended
beyond the 24 hours from admission to the program if there are reasonable
grounds to believe that one of the admission criteria to security is continuing.
(2)
Extended confinement due process protections will be provided
to determine whether reasonable grounds exist for the youth to remain in the
security program longer than 24 hours.
(A)
A level III hearing is afforded the youth before security
program confinement is extended past 24 hours.
(B)
A decision-maker is appointed by the superintendent to
determine the reasons for the extended confinement and make a decision on
the facts presented.
(C)
The following staff may be appointed to be the decision-maker:
superintendent, assistant superintendent, administrative duty officer (ADO),
program administrator (PA), institution placement coordinator (IPC), principal,
a caseworker, or a designated juvenile correctional officer (JCO) V trained
in the security policy and procedure to extend youth in the program. The director
of security may not be the decision-maker.
(D)
The director of security or designee will approve the 24-hour
extension decision if admission criteria continue to exist based on current
behavior. The director of security or designee shall not have been involved
in the level III hearing.
(E)
Based upon a finding of true to the admission criteria,
and no extenuating circumstances, the youth's stay in the security program
may be extended up to an additional 24 hours.
(F)
The youth will be notified in writing of his or her right
to appeal. The appeal of an extension to the security program will be to the
superintendent, assistant superintendent or the ADO as long as they were not
the decision-maker for admission or extension. The youth is notified in writing
of the outcome of the appeal.
(3)
After the initial level III due process extension hearing,
up to five subsequent level III hearings may be conducted as set forth in
paragraph(2) of this subsection every 24 hours thereafter for additional extensions
of up to 24 hours for up to 168 hours from admission into the security program.
(4)
After 168 hours, a due process extension level III hearing
will be conducted as set forth in paragraph (2) of this subsection for an
additional extension of up to 72 hours for up to 240 hours from admission
into the security program.
(A)
The appropriate director of juvenile corrections will approve
the 72-hour extension decision if admission criteria continue to exist based
on current behavior.
(B)
The extension decision approved by the director of juvenile
corrections may be appealed to the assistant deputy executive director for
juvenile corrections and the youth is notified in writing of the outcome of
the appeal.
(5)
After 240 hours, a due process extension level III hearing
will be conducted as set forth in paragraph (2) of this subsection every 72
hours thereafter for only two additional extensions of up to 72 hours each.
(A)
The assistant deputy executive director for juvenile corrections
will approve the 72-hour extension decision if admission criteria continue
to exist based on current behavior.
(B)
Extension decisions approved by the assistant deputy executive
director for juvenile corrections may be appealed to the deputy executive
director, and the youth is notified in writing of the outcome of the appeal.
(6)
After 384 hours (16 days), the youth shall be either released
back to the general population or other alternatives must be recommended by
the assistant deputy executive director for juvenile corrections.
(7)
If admission decision or due process extension hearings
are not timely held or approved the youth shall be released from the security
program.
(g)
Program Requirements.
(1)
Individual doors are locked.
(2)
All segregation programs will ensure at a minimum the following:
(A)
appropriate psychological and medical services;
(B)
the same food, including snacks prepared in the same manner
as for other youth except for special diets that are prescribed on an individual
basis by a physician, dentist or psychiatrist or approved by a chaplain;
(C)
one hour of large muscle exercise daily; and
(D)
appropriate educational services.
(3)
The assistant deputy executive director for juvenile corrections
will approve a standardized program and rules for the security unit.
(4)
The director of security will post the program schedule
and rules of the security unit and ensure the rules are reviewed with and
signed by the youth.
(5)
Youth will engage in the standardized program and comply
with the rules of the security unit, but if programming is not provided, youth
may remain on their mattresses during that time.
§97.43.Institution Detention Program.
(a)
Purpose. The purpose of this rule is to establish criteria
and procedures for detaining appropriate Texas Youth Commission (TYC) youth
in an Institution Detention Program (IDP) operated within each TYC institution
or secure contract program, who have charges against them pending or filed,
or are awaiting a due process hearing or trial, or are awaiting transportation
subsequent to a due process hearing or trial.
(b)
Applicability.
(1)
This rule applies to TYC youth detained in TYC operated
institutions or secure contract programs for pre-hearing or post-hearing pending
transportation.
(2)
This rule does not apply to:
(A)
TYC youth detained in community detention facilities. See
(GAP) §97.41 of this title (relating to Community Detention).
(B)
The use of the same or adjacent space when used specifically
as security intake. See (GAP) §97.37 of this title (relating to Security
Intake).
(C)
The use of the same or adjacent space when used specifically
as a security program. See (GAP) §97.40 of this title (relating to Security
Program).
(D)
The use of the same or adjacent space when used specifically
as disciplinary segregation. See (GAP) §95.17 of this title (relating
to Behavior Management Program).
(E)
The use of the same or adjacent space when used specifically
as temporary admission. See (GAP) §85.41 of this title (relating to Temporary
Admission Awaiting Transportation).
(F)
The aggression management program. See (GAP) §95.21
of this title (relating to Aggression Management Program).
(c)
Explanation of Terms Used. Detention Review Hearing - the
TYC level IV hearing required by this policy.
(d)
Criteria for Placement in an Institution Detention Program.
(1)
Designated staff will conduct a review to determine whether
admission criteria have been met.
(2)
Admission Criteria.
(A)
A youth assigned to an institution may be admitted to the
IDP program (for up to 72 hours):
(i)
if the youth is awaiting transportation subsequent to a
due process hearing or trial; or
(ii)
if a due process hearing or trial has been requested in
writing or charges are pending or have been filed;
(iii)
there are reasonable grounds to believe the youth has
committed a violation; and
(iv)
one of the following applies:
(I)
suitable alternative placement within the facility is unavailable
due to on-going behavior of the youth that creates disruption of the routine
of the youth's current program; or
(II)
the youth is likely to interfere with the hearing or trial
process; or
(III)
the youth represents a danger to himself or others; or
(IV)
the youth has escaped or attempted escape as defined in
(GAP) §97.29 of this title (relating to Escape/Abscondence and Apprehension).
(B)
A youth who is assigned to a placement other than a TYC
operated institution or secure contract program may be detained in a TYC operated
IDP (beyond 72 hours):
(i)
if a level hearing or trial has been requested in writing;
and
(ii)
based on current behavior or circumstances, all detention
criteria in (GAP) §97.41 of this title (relating to Community Detention)
have been met.
(3)
Criteria for Detention Beyond 72 Hours.
(A)
A youth who is assigned to a TYC operated institution may
be detained in the IDP beyond 72 hours:
(i)
if a due process hearing or trial has been scheduled or
charges are pending or have been filed; and
(ii)
based on current behavior or circumstances, all other
criteria in paragraph (2) of this subsection have been met.
(B)
A youth who is assigned to a placement other than a TYC
operated institution may be detained in a TYC operated IDP (beyond 72 hours):
(i)
if a due process hearing or trial has been scheduled or
charges are pending or have been filed; and
(ii)
based on current behavior or circumstances, all detention
criteria in (GAP) §97.41 of this title (relating to Community Detention)
have been met.
(C)
A due process hearing or trial is considered to be scheduled
if a due process hearing date and time has been set or trial is pending.
(D)
A youth whose due process hearing or trial has been held
may be detained without a level IV hearing when the youth is waiting for transportation:
(i)
to TDCJ, ID following a transfer hearing; or
(ii)
to a different placement following a level I or II hearing.
Transportation should be arranged immediately to take place within 72 hours
and anything past that must have superintendent's approval.
(e)
Detention Hearings Required for Any Youth Held in an Institution
Detention Program.
(1)
A youth, who meets admission criteria, may be detained
in an IDP for up to 72 hours.
(2)
For extensions beyond 72 hours an initial detention review
hearing (level IV hearing) must be held on or before 72 hours from admission
to the IDP.
(3)
Subsequent detention review hearings must be held within
ten working days from the previous detention review hearing when a level hearing
or trial is not held and continued detention is necessary and appropriate
based upon current behavior or circumstances that meet criteria unless youth
is under indictment pending trial. See (GAP) §95.59 of this title (relating
to Level IV Hearing Procedure).
(4)
A detention review hearing is not required for youth detained
pending transportation pursuant to subsection (d)(3)(D) of this section.
(5)
If a level IV hearing is not timely held or is not properly
waived, the youth shall be released from the IDP.
(6)
Institution or a designated community staff will hold the
required level IV detention review hearings. The primary service worker (PSW)
for youth not assigned to an institution, will coordinate with institution
staff to ensure that hearings are held timely or waived properly.
(7)
The youth is informed of his/her right to appeal the level
IV hearing to the executive director pursuant to (GAP) 93.53 of this title
(relating to Appeal to Executive Director).
(f)
Program Requirements.
(1)
Individual doors are locked.
(2)
All segregation programs will ensure at a minimum the following:
(A)
appropriate psychological and medical services;
(B)
the same food, including snacks prepared in the same manner
as for other youth except for special diets that are prescribed on an individual
basis by a physician, dentist or psychiatrist or approved by a chaplain;
(C)
one hour of large muscle exercise daily; and
(D)
appropriate educational services.
(3)
The assistant deputy executive director for juvenile corrections
will approve a standardized program and rules for the security unit.
(4)
The director of security will post the program schedule
and rules of the security unit and ensure the rules are reviewed with and
signed by the youth.
(5)
Youth will engage in the standardized program and comply
with the rules of the security unit, but if programming is not provided, youth
may remain on their mattresses during that time.
(g)
Release from institution pre-hearing detention is determined
by the outcome of a hearing or trial or upon the decision not to hold a hearing.
If the youth is pending transportation, the youth is released from detention
upon transport.
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 January 2, 2001.
TRD-200100016
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: January 31, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 424-6301
37 TAC §97.37
The Texas Youth Commission (TYC) adopts the repeal of §97.37,
concerning Security Unit without changes to the proposed text as published
in the December 1, 2000, issue of the
Texas Register
(25 TexReg 11920).
The justification for the repeal allows for adoption of a new section regarding
youth being removed from the general population under certain circumstances.
The repeal will allow for the publication of a new section to establish
admission criteria and specific referral for youth to be referred to the security
intake unit. Placement in a segregation program may be imposed only in specific
situations for specified periods of time. Such youth are placed into a secure
setting that is controlled exclusively by staff.
No comments were received regarding adoption of the repeal.
The repeal section is adopted under the Human Resources Code, §61.045,
which provides the Texas Youth Commission with the authority to operate programs
and facilities that meet the rehabilitation needs of delinquent youth.
The adopted rule implements the Human Resource Code, §61.034.
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 January 2, 2001.
TRD-200100007
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: January 31, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 424-6301
Chapter 85.
ADMISSION AND PLACEMENT
Chapter 87.
TREATMENT
Subchapter B. SPECIAL NEEDS OFFENDER PROGRAMS
Chapter 91.
PROGRAM SERVICES
Subchapter D. HEALTH CARE SERVICES
Chapter 93.
YOUTH RIGHTS AND REMEDIES
Chapter 95.
YOUTH DISCIPLINE
Subchapter B. DUE PROCESS HEARINGS PROCEDURES
Chapter 97.
SECURITY AND CONTROL
Chapter 111.
CONTRACTING FOR SERVICES OTHER THAN YOUTH SERVICES