Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 3.
TRAFFIC LAW ENFORCEMENT
Subchapter D. TRAFFIC SUPERVISION
37 TAC §3.62
The Texas Department of Public Safety adopts amendments to §3.62,
concerning Regulations Governing Transportation Safety, without changes to
the proposed text as published in the April 25, 2003, issue of the
Texas Register
(28 TexReg 3484).
Amendments to §3.62 are necessary in order to implement the registration
enforcement provisions of the Federal Motor Carrier Safety Regulations, Title
49, Code of Federal Regulations, Parts 350, 387, and 392. Additional amendments
have also been included to clarify language of existing provisions of §3.62.
The department held a public hearing on Tuesday, June 3, 2003. Mr. Les
Findeisen, Texas Motor Transportation Association was the only person to attend
the public hearing. The department received no written or oral comments.
The amendments are adopted pursuant to Texas Transportation Code,
Chapter 644, and Texas Government Code, §411.006(4) and §411.018,
which provide the director of the Texas Department of Public Safety with the
authority to establish rules for the conduct of the work of the Texas Department
of Public Safety, and which authorize the director to adopt rules regulating
the safe operation of commercial motor vehicles and the safe transportation
of hazardous materials.
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 June 11, 2003.
TRD-200303509
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Effective date: July 1, 2003
Proposal publication date: April 25, 2003
For further information, please call: (512) 424-2135
Chapter 91.
PROGRAM SERVICES
Subchapter A. BASIC SERVICES
37 TAC §91.25
The Texas Youth Commission (TYC) adopts new §91.25,
concerning Youth with Limited English Proficiency, without changes to the
proposed text as published in the April 25, 2003, issue of the
Texas Register
(28 TexReg 3486) and will not be republished.
The justification for the new rule is compliance with federal and state
laws relating to youth who do not speak English.
The new rule will provide for reasonable access to all programs and services
for TYC youth who are determined to have Limited English Proficiency.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Human Resources Code, §61.022,
which provides the Texas Youth Commission with the authority to establish
procedures that provide reasonable access to programs and services for youth
who do not speak English.
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 June 11, 2003.
TRD-200303522
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 1, 2003
Proposal publication date: April 25, 2003
For further information, please call: (512) 424-6301
37 TAC §91.84
The Texas Youth Commission (TYC) adopts new §91.84,
concerning Health Insurance, without changes to the proposed text as published
in the April 18, 2003, issue of the
Texas Register
(28 TexReg 3234) and will not be republished.
The justification for the new rule is to allow this rule's previous rule
number to be used for a new policy which falls logically and sequentially
between other existing rules.
The new rule will publish an existing rule under a new rule number.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Family Code, §54.06, which
provides the Texas Youth Commission with the authority to seek reimbursement
from third parties payers for medical expenses of youth committed to the agency.
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 June 11, 2003.
TRD-200303523
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 1, 2003
Proposal publication date: April 18, 2003
For further information, please call: (512) 424-6301
37 TAC §91.87
The Texas Youth Commission (TYC) adopts the repeal of §91.87,
concerning Health Insurance, without changes to the proposal as published
in the April 18, 2003, issue of the
Texas Register
(28 TexReg 3234) and will not be republished.
The justification for the repeal is to allow a new rule relating to suicide
alert procedures to be published in logical and sequential order.
The repeal will allow the section to be published under a new number.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Human Resources Code, §54.06,
which provides the Texas Youth Commission with the authority to seek reimbursement
form third party payers for medical expenses of youth committed to the agency.
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 June 11, 2003.
TRD-200303524
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 1, 2003
Proposal publication date: April 18, 2003
For further information, please call: (512) 424-6301
37 TAC §91.87
The Texas Youth Commission (TYC) adopts new §91.87,
concerning Suicide Alert Explanation of Terms, with changes to the proposed
text as published in the April 18, 2003, issue of the
Texas Register
(28 TexReg 3234). The change to the proposed text under
Overt Suicide Behavior clarifies the distinction between self-injury and serious
self-injury. Other changes include minor grammatical changes.
The justification for the new rule is to define terms used throughout the
agency's policies regarding suicide alert procedures.
The new rule will identify, assess, protect, and treat youth who verbalize
or display suicidal behavior.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Human Resources Code, §61.076
Type of Treatment Permitted, which provides the Texas Youth Commission with
the authority to provide any necessary medical or psychiatric treatment.
The adopted rule implements the Human Resource Code, §61.034.
§91.87.Suicide Alert Explanation of Terms.
(a)
Purpose. The purpose of this rule is to establish explanations
of terms used pursuant to (GAP) §91.88 of this title (relating to Suicide
Alert for Secure Programs), (GAP) §91.89 of this title (relating to Suicide
Alert for Non-Secure Programs), and (GAP) §91.90 of this title (relating
to Suicide Alert for Parole) which establish procedures for the identification,
assessment, treatment, and protection of youth who may be at risk for suicide.
(b)
Explanation of Terms Used.
(1)
Secure Program--A TYC institution or contract program which
contains a security unit.
(2)
Non-Secure Program--A TYC institution or contract program
which does not contain a security unit.
(3)
Mental Health Professional (MHP)--An individual who is
a Psychiatrist, doctoral level Psychologist, masters level Associate Psychologist,
Licensed Professional Counselor, or a Licensed Social Worker with an Advanced
Clinical Practitioner (LMSW-ACP) designation. Prior consultation with and
the signature of the DMHP is not necessary for a licensed doctoral level Psychologist
acting as an MHP who determines that a change in SA status or observation/precaution
level is warranted. The licensed doctoral level psychologist shall inform
the DMHP of any such changes in youth status.
(4)
Designated Mental Health Professional (DMHP)--In TYC institutions,
the DMHP shall be a Psychiatrist or a doctoral level Psychologist and is the
individual that has the primary responsibility and accountability for the
evaluation, monitoring, and treatment of a youth referred as a suicide risk.
Where available, the director of clinical services is the DMHP.
(5)
Trained Designated Staff--Staff trained to conduct a Suicide
Risk Screening. In TYC programs this will include superintendent, assistant
superintendent, administrative duty officer (ADO), program administrator (PA),
institution placement coordinator (IPC), principal, caseworker, and Juvenile
Corrections Officer (JCO) V or VI. A JCO V or VI may only conduct a suicide
risk screening during the late night shift in secure programs. JCO staff in
TYC halfway houses may not conduct suicide risk screenings.
(6)
Appropriate Administrator--The highest level local administrative
authority in non-secure programs.
(7)
Suicide Alert-Pending (SA-P)--A temporary status that begins
with the identification of a potentially suicidal youth, by staff, and terminates
after a suicide risk assessment by an MHP.
(8)
Suicide Alert (SA)--A status that begins following a face-to-face
suicide risk assessment by an MHP indicating that a youth is at risk to attempt
suicide or self-injury and is in need of increased supervision.
(9)
Overt Suicide Behavior--A physical act or stated intention
associated with a potentially dangerous or life threatening outcome or imminent
risk of serious self-injury. The behavior itself may lack the immediate danger,
but accidental risk of death or serious injury is likely. Examples of overt
suicidal behavior include, but are not limited to, jumping from heights with
intent to cause injury, serious and repeated head banging, tying a ligature
around the neck, suffocation, medication overdose, serious self-mutilation
requiring nursing or medical care (e.g., near major veins or arteries), or
stated intent to commit suicide with a specific plan to seriously harm self.
(10)
Non-Lethal Suicide Behavior--The superficial self-injury,
or sudden change in behavior suggesting risk of self-injury. For example,
the youth may display vegetative symptoms of depression, verbalize a non-specific
suicide plan, place an object loosely around the neck, or engage in superficial
self-injurious behavior, without imminent risk of harm.
(11)
Suicide Risk Screening--A standardized face-to-face interview
by an MHP or trained designated staff in consultation with an MHP, to determine
the placement of youth in security intake or general population.
(12)
Suicide Risk Assessment--A clinical face-to-face interview
conducted by an MHP for the determination of suicide risk. The youth participates
in the interview and has an opportunity to make his/her own statement. The
assessment is required for removal of SA-P status, placement on SA status,
continuation of SA status, removal of SA status, or admission and extensions
to protective custody.
(13)
Protective Custody--A segregation program in secure programs
designed for the placement of youth, as determined by an MHP, who are at risk
of serious harm to themselves, and confinement is necessary to protect the
youth from self-harm. A youth may be admitted to protective custody only if
the youth has received a face-to-face assessment by an MHP.
(14)
Secure Observation Area--A location in the security unit,
infirmary, or other secure area where staff may visually check youth to ensure
safety.
(15)
Suicide Levels of Observation--Levels of observation,
which are automatically assigned by policy or determined by an MHP to ensure
youth safety. Levels of observation are:
(A)
One-to-One (1:1) Observation--At a minimum, an assigned
staff is within five (5) feet and youth is within sight of staff at all times.
The staff will not be assigned other concurrent duties and must be formally
relieved of the duty by another staff or by the discontinuation of the 1:1
status. This level of observation may be assigned to youth in the general
population or in the security unit.
(B)
Constant Observation--Youth is within sight of an assigned
staff at all times. The staff may have concurrent duties if the duties do
not interfere with observation of the youth. Other staff may assist in visual
observation of the youth. This level of observation may be assigned to youth
in the general population or in the security unit.
(C)
Close Observation--Youth is visually checked at least once
every ten (10) minutes. Staff may be involved in concurrent duties that allow
for the flexibility needed to check the youth. This level of observation may
be assigned to youth in the general population, but may not be applied to
youth in the security unit where youth are visually checked every three (3)
minutes for overt suicidal behavior and every five (5) minutes for non-lethal
suicidal behavior.
(16)
Minimum Dorm Precautions--A youth on SA-P or SA status
on a dorm shall be monitored by staff according to the level of observation.
These youth should have reduced or monitored access, approved by the MHP,
to potentially dangerous objects such as clothing (e.g., belts, hair accessories,
bath robe, bras, belts, shoes/shoe laces), personal hygiene items (e.g., razors)
or chemical cleaning agents (e.g., bleach, cleaning solvents), and have a
system to ensure constant observation by staff, unless the level of observation
is reduced by an MHP. Youth must sleep in direct sight of staff. This may
involve sleeping on a mattress pulled in front of staff desk, sleeping in
a day area in direct view of staff, sleeping on a bunk/bed in direct sight
of staff, or any other appropriate method of supervision. In consultation
with the principal and/or assistant principal, the youth will have monitored
or restricted access to vocational instruction, or on campus employment, or
any other location where there is access to potentially lethal and/or harmful
objects/machinery. Youth may not participate in off-campus employment or privileges
except for medical treatment or court hearings.
(17)
Minimum Secure Observation Area Precautions--A youth on
SA-P or SA status in a secure observation area other than the security unit
shall be monitored by staff according to the level of observation. These youth
should have reduced or monitored access, approved by the MHP, to potentially
dangerous objects such as clothing (e.g., belts, hair accessories, bath robe,
bras, belts, shoes/shoe laces), personal hygiene items (e.g., razors) or chemical
cleaning agents (e.g., bleach, cleaning solvents), and have a system to ensure
constant observation by staff, unless the level of observation is reduced
by an MHP. Youth in secure observation areas must sleep in direct sight of
staff. This may involve sleeping on a mattress pulled in front of staff desk,
sleeping in a day area in direct view of staff, sleeping on a bunk/bed in
direct sight of staff, or any other appropriate method of supervision. The
youth may not participate in off-campus education, employment or privileges
without the approval of the MHP except for medical treatment or court hearings.
(18)
Minimum Security Precautions for Secure Programs.
(A)
Non-Lethal Suicide Precautions--A youth is admitted to
security intake according to (GAP) §97.37 of this title (relating to
Security Intake), or protective custody according to (GAP) §97.45 of
this title (relating to Protective Custody), and is visually checked once
every five (5) minutes by staff. The room is secured by security staff for
safety prior to placement and checked for safety every shift or as needed
between periods of movement to ensure youth safety. Staff reduces access to
potentially dangerous objects (e.g., limited or controlled/supervised access
to plastic eating utensils, bed linens), issues suicide safe bedding (e.g.
use of suicide blanket). Access to razors is approved by the MHP and visually
monitored by staff. Standard suicide precautions are implemented for any youth
referred for non-lethal suicide behavior or for a youth who originally engaged
in overt suicide behavior but who has stabilized to the point that a reduction
in precaution is indicated. The precautions may be modified, by telephone
consultation or following a face-to-face suicide risk assessment, by an MHP.
(B)
Overt Suicide Precautions--A youth is admitted to security
intake according to (GAP) §97.37 of this title (relating to Security
Intake), or protective custody according to (GAP) §97.45 of this title
(relating to Protective Custody), or a secure observation area, or the infirmary
and is visually checked once every three (3) minutes by staff or, if necessary,
placed on one-to-one (1:1) or constant observation. For youth who engage in
overt suicide behavior as defined in this policy, staff will:
(i)
issue protective clothing (e.g., disposable paper gown,
suicide barrel, etc.). Staff verbally instructs youth to put on protective
clothing and to remove any undergarment. In accordance with (GAP) §97.23
of this title (relating to Use of Force) use of force may be initiated, but
only as a last resort. Staff must consult with the facility administrator
and/or MHP, regarding alternative interventions that do not involve use of
force. When physical or mechanical restraint is employed, at least one (1)
staff conducting the restraint must be the same gender as the youth. Staff
provides repeated opportunities during the restraint for youth to remove own
clothing. If there is no same gender staff available, the youth remains on
one-to-one (1:1) observation until such staff is available.
(ii)
implement other security precautions, including:
(I)
suicide safe bedding (e.g. suicide blanket); and
(II)
where available, placement in a suicide safe room (e.g.,
no bed frame or toiletry in room, video camera, etc.) which is checked for
safety every shift or as needed between periods of movement; and
(III)
placement on a "finger food" diet to ensure youth safety;
and
(IV)
access to razors only if approved by the MHP and visually
monitored by staff.
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 June 11, 2003.
TRD-200303525
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 1, 2003
Proposal publication date: April 18, 2003
For further information, please call: (512) 424-6301
37 TAC §91.88
The Texas Youth Commission (TYC) adopts new §91.88,
concerning Suicide Alert for Secure Programs, with changes to the proposed
text as published in the April 18, 2003, issue of the
Texas Register
(28 TexReg 3236). Change to the proposed text consists
of minor grammatical corrections.
The justification for the new rule is to identify, assess, protect, and
treat youth who verbalize or display suicidal behavior.
The new rule will establish procedures to be used within TYC secure programs
for the identification and treatment of potentially suicidal TYC youth.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Human Resources Code, §61.076
Type of Treatment Permitted, which provides the Texas Youth Commission with
the authority to provide any necessary medical or psychiatric treatment.
The adopted rule implements the Human Resource Code, §61.034.
§91.88.Suicide Alert for Secure Programs.
(a)
Purpose. The purpose of this rule is to establish procedures
for the identification, assessment, treatment, and protection of youth that
may be at risk for suicide. Treatment will be provided within the least restrictive
environment necessary to ensure safety.
(b)
Applicability.
(1)
This rule applies to all youth currently assigned to placement
in Texas Youth Commission (TYC) institutions and secure contract programs.
(2)
This rule must be read in conjunction with (GAP) §91.87
of this title (relating to Suicide Alert Explanation of Terms).
(3)
If a youth is admitted to protective custody following
a face-to-face assessment by a mental health professional (MHP), this rule
must also be applied in conjunction with (GAP) §97.45 of this title (relating
Protective Custody).
(c)
Initial Identification of Youth at Risk for Suicide.
(1)
Any staff hearing or observing a youth engage in or verbalize
non-lethal or overt suicide behavior must immediately respond in a manner
that protects youth safety. Staff will immediately seek medical attention
for youth if necessary. Staff must provide minimum dorm precautions to prevent
dangerous or potentially dangerous behavior, which includes constant observation
and confiscating materials, which could potentially be used for self-injury.
(2)
A youth in general population who has engaged in or verbalized
suicide behavior must be referred to security intake according to the procedures
in (GAP) §97.37 of this title (relating to Security Intake) and immediately
placed on Suicide Alert Pending (SA-P). The youth is placed on overt suicide
security precautions upon arrival to security intake.
(3)
A youth in a segregation program who has engaged in or
verbalized suicide behavior will be immediately placed on Suicide Alert -
Pending (SA-P) with overt suicide precautions.
(4)
An MHP and a trained designated staff approved to conduct
suicide risk screenings are contacted immediately.
(5)
A face-to-face suicide risk screening will be initiated
within one (1) hour of referral to security intake by a trained designated
staff or an MHP. An MHP will make a decision, based on a clinical determination
of risk and the suicide risk screening, whether the youth will temporarily
remain in security intake or be released to the general population.
(6)
An MHP will conduct a face-to-face suicide risk assessment
to determine suicide alert (SA) status and treatment/placement options.
(d)
Temporary Placement of Youth Following a Suicide Risk Screening.
Prior to a face-to-face suicide risk assessment, the following two (2) temporary
placement options are available to an MHP after a trained designated staff
conducts a suicide risk screening:
(1)
Retain Youth in Security Intake. Youth who have engaged
in overt suicide behavior must be retained in security intake. Youth who have
engaged in non-lethal suicide behavior may also be retained in security intake,
at the discretion of an MHP.
(A)
Youth will continue on SA-P status. An MHP will determine
the suicide level of observation and minimum security precautions.
(B)
For youth engaging in overt suicidal behavior, the MHP
must conduct a face-to-face suicide risk assessment within three (3) hours
of referral to security intake.
(C)
Youth engaging in non-lethal suicide behavior are maintained
in security intake up to 24 hours after referral, pending a face-to-face assessment
by an MHP.
(2)
Return Youth to General Population. Return to general population
is available only for youth who have engaged in non-lethal suicide behavior.
(A)
Youth will continue on SA-P status on, at a minimum, constant
observation.
(B)
Dorm staff will monitor the youth according to minimum
dorm precautions.
(C)
The MHP will monitor youth's mental status by consulting
with appropriate staff at least every 24 hours.
(D)
The MHP will conduct a face-to-face suicide risk assessment
within 72 hours of initial referral to security intake.
(3)
If a youth on SA-P at any time displays behavior suggesting
deterioration in emotional condition, appropriate actions will be taken to
ensure the youth's safety, which may include re-admission to security intake
if the youth has been returned to the general population. The MHP is immediately
advised of the change in the youth's condition.
(e)
MHP Face-to-Face Suicide Risk Assessment.
(1)
Based on the face-to-face suicide risk assessment with
the youth, an MHP determines whether to place the youth on SA. An MHP may
do one (1) of the following:
(A)
remove the SA-P status;
(B)
place the youth on SA status and assign a level of observation,
which may include admission to protective custody. If a youth is admitted
to Protective Custody, this policy must be read in conjunction with (GAP) §97.45
of this title (relating to Protective Custody);
(C)
seek emergency psychiatric placement if the youth is in
serious imminent risk of self-injury and cannot be safely managed in protective
custody. The MHP, in consultation with the Designated Mental Health Professional
(DMHP) or contract psychiatrist, places the youth on one-to-one (1:1) observation
and seeks placement in the following order:
(i)
the Corsicana Stabilization Unit (CSU);
(ii)
the nearest MHMR hospital; or
(iii)
as a last resort, a private psychiatric hospital.
(D)
admit the youth to the infirmary with one-to-one (1:1)
observation if no other options are available, or there are compelling medical
reasons.
(2)
An MHP, in consultation with the DMHP, develops a plan
of treatment to ensure youth safety. The plan includes the monitoring of youth
on SA status and regular individual counseling and assessment sessions until
youth is removed from SA. The plan also includes consultation with the youth's
direct care staff, caseworker, and/or program administrator.
(3)
The MHP who is assigned to the youth on SA status may,
with prior consultation with the DMHP, release a youth from protective custody
or reduce the level of observation of youth on SA status.
(f)
Removal of Youth from SA Status.
(1)
The MHP who is assigned to the youth on SA status may,
with prior consultation with the DMHP, remove the SA status.
(2)
The DMHP may remove a youth from SA status or modify the
level of supervision upon a face-to-face interview with the youth.
(g)
Transfer of Youth on SA Status.
(1)
Youth who are on SA status may not be moved to another
placement unless:
(A)
the receiving placement is a TYC institution or residential
treatment center, or other placement having on-site psychiatric staff who
may function as an MHP; and
(B)
the DMHP at the sending site approves and coordinates the
transfer of the youth and clinical responsibilities in consultation with the
DMHP at the receiving site.
(2)
Youth who transfer from one facility to another must receive
a suicide risk assessment from the receiving facility, within 72 hours of
arrival if:
(A)
youth is on SA or SA-P status; or
(B)
youth has history of suicide behavior within the past six
(6) months.
(h)
Notification.
(1)
Every TYC facility and secure program develops a system
of notification of key personnel to identify youth on SA or SA-P.
(2)
Facility staff shall notify the parent or guardian of a
youth placed on SA as a result of overt suicide behavior and when the youth
is removed from SA.
(3)
Appropriate central office staff will be notified of life
threatening suicide attempts or completed suicide.
(i)
Training. All direct care staff in TYC facilities and in
secure programs will receive initial suicide prevention training and annual
updates. Staff designated to conduct suicide screenings receive training from
an MHP regarding suicide alert policy, suicide indicators, and suicide screening.
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 June 11, 2003.
TRD-200303526
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 1, 2003
Proposal publication date: April 18, 2003
For further information, please call: (512) 424-6301
37 TAC §91.89
The Texas Youth Commission (TYC) adopts the repeal of §91.89,
concerning Suicide Alert, without changes to the proposed text as published
in the April 18, 2003, issue of the
Texas Register
(28 TexReg 3238).
The justification for the repeal is to allow a new rule relating to suicide
alert procedures to be published.
The repeal will allow for a new rule to be published in its place.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Human Resources Code, §61.076
Type of Treatment Permitted, which provides the Texas Youth Commission with
the authority to provide any necessary medical or psychiatric treatment.
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 June 11, 2003.
TRD-200303528
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 1, 2003
Proposal publication date: April 18, 2003
For further information, please call: (512) 424-6301
37 TAC §91.89
The Texas Youth Commission (TYC) adopts new §91.89,
concerning Suicide Alert for Non-Secure Programs, with changes to the proposed
text as published in the April 18, 2003, issue of the
Texas Register
(28 TexReg 3238). Changes to the proposed text consist
of minor grammatical corrections.
The justification for the new rule is to identify, assess, protect, and
treat youth who verbalize or display suicidal behavior.
The new rule will establish procedures to be used within TYC secure programs
for the identification and treatment of potentially suicidal TYC youth.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Human Resources Code, §61.076
Type of Treatment Permitted, which provides the Texas Youth Commission with
the authority to provide any necessary medical or psychiatric treatment.
The adopted rule implements the Human Resource Code, §61.034.
§91.89.Suicide Alert for Non-Secure Programs.
(a)
Purpose. The purpose of this rule is to establish procedures
for the identification, assessment, protection, and treatment of youth that
may be at risk for suicide within the least restrictive environment to ensure
safety.
(b)
Applicability. This rule applies to all youth currently
assigned to placement in Texas Youth Commission (TYC) medium restriction halfway
houses, and non-secure contract residential facilities. This rule must be
applied in conjunction with (GAP) §91.87 of this title (relating to Suicide
Alert Explanation of Terms).
(c)
Initial Identification of Youth at Risk for Suicide.
(1)
Any staff hearing or observing a youth engage in or verbalize
non-lethal or overt suicide behavior must immediately respond in a manner
that protects youth safety. Staff will immediately seek medical attention
if necessary. Staff must provide, at a minimum, constant observation to prevent
dangerous or potentially dangerous behavior, which includes confiscating materials
used or which could potentially be used for self-injury.
(2)
Youth who have engaged in non-lethal or overt suicide behavior
must immediately be designated as Suicide Alert - Pending (SA-P) and placed
in a secure observation area with minimum secure observation area precautions,
pending an assessment by a mental health professional (MHP).
(3)
Youth on SA-P are not allowed community access, including
community service, employment, or academic attendance, unless supervised on,
at a minimum, constant observation by staff.
(4)
A trained designated staff initiates a face-to-face suicide
risk screening within one (1) hour and consults with an appropriate administrator
regarding the results of the screening.
(5)
The appropriate administrator will assign a level of observation
based on the results of suicide risk screening and contact a MHP to arrange
a face-to-face suicide risk assessment.
(A)
For youth engaging in non-lethal behavior, the administrator
will ensure the youth remains in a secure observation area on at least constant
observation, pending a face-to-face assessment by an MHP.
(B)
For youth engaging in overt suicide behavior, the administrator
will ensure the youth remains in a secure observation area on one-to-one (1:1)
observation, until a face-to-face assessment by an MHP is conducted.
(6)
In the event that a youth on SA-P, pending assessment by
an MHP, displays behavior suggesting deterioration of emotional condition
indicating serious or imminent risk of self-injury, the appropriate administrator
coordinates increased supervision, to include one to one (1:1) observation
and/or emergency psychiatric care. Increased supervision for youth not on
parole status may include temporary admission to a high restriction TYC facility.
(7)
If the time required to obtain an MHP to conduct a suicide
risk assessment is exceeded, the youth remains on one-to-one (1:1) observation.
The facility staff notifies the appropriate administrator in person or directly
by telephone to arrange staff coverage and required supervision. The appropriate
administrator may secure emergency psychiatric care to obtain an evaluation
of the youth.
(d)
MHP Face-to-Face Suicide Risk Assessment.
(1)
For Non-Lethal Suicidal Behavior. Within 72 hours of placement
on SA-P status, the MHP must do the following:
(A)
consult with appropriate staff to review the results of
the suicide risk screening;
(B)
conduct a face-to-face suicide risk assessment;
(C)
determine whether to remove the SA-P status or place the
youth on Suicide Alert (SA);
(D)
determine whether youth may be safely managed within the
structure of the current placement; and
(E)
assign the level of observation and develop a plan of treatment
for youth placed on SA, including the supervision requirements and degree
of community restrictions necessary to ensure youth safety.
(2)
For Overt Suicidal Behavior. Within three (3) hours of
placement on SA-P, the MHP must do the following:
(A)
consult with appropriate staff to review the results of
the suicide risk screening;
(B)
conduct a face-to-face suicide risk assessment;
(C)
determine whether to remove the SA-P status or place the
youth on SA;
(D)
determine whether youth may be safely managed within the
structure of the current placement; and
(E)
assign the level of observation and develop a plan of treatment
for youth placed on SA, including the supervision requirements and degree
of community restriction necessary to ensure youth safety.
(3)
Youth Who Cannot Be Safely Managed in Current Placement.
If an MHP determines that a youth on SA cannot be safely managed within the
structure of the current placement, the appropriate administrator will:
(A)
ensure one-to-one observation for the youth until an emergency
psychiatric placement is obtained;
(B)
obtain emergency placement directly to the Corsicana Stabilization
Unit (CSU) or, if the CSU is not able to receive the youth, placement in a
local MHMR hospital or, as a last resort, a private psychiatric hospital.
For youth not on parole status, the administrator may seek temporary admission
to protective custody in a high restriction TYC facility pending emergency
psychiatric placement; and
(C)
maintain communication with staff at the emergency placement
to obtain current mental status information and assess the length and suitability
of the current placement. If the emergency placement exceeds five (5) days,
the administrator initiates alternate placement in a more secure facility.
(4)
In the event that a youth on SA in a non-secure placement
displays behavior that indicates a serious or imminent risk of self-injury,
an MHP is immediately contacted and the youth is placed on one-to-one (1:1)
observation pending a face-to-face suicide risk assessment by and MHP. The
appropriate administrator may seek emergency psychiatric care.
(5)
For youth maintained on SA and on constant and/or one-to-one
observation longer than seven (7) days in placements other than the Corsicana
Stabilization Unit, the appropriate administrator in TYC Halfway House programs
or the appropriate TYC staff for contract programs will pursue an alternative
placement with longer-term stabilization, clinical resources, and increased
supervision where the youth may be safely managed.
(e)
Removal of Youth from SA Status. The MHP that initially
placed the youth on SA may remove the youth from SA status or reduce the level
of supervision immediately following a face-to-face assessment. If the youth
has been transferred to another TYC operated institution for emergency placement,
the MHP at the receiving facility may remove the youth from SA status or reduce
the level of supervision immediately following a face-to-face assessment.
(f)
Notification.
(1)
Every TYC facility and contract residential program develops
a system of notification of key personnel to identify youth on SA or SA-P
in the general population.
(2)
Facility staff shall notify the parent or guardian of a
youth placed on SA as a result of overt suicide behavior and when the youth
is removed from SA.
(3)
Appropriate central office staff will be notified of life
threatening suicide attempts or completed suicide.
(g)
Training. All direct care staff in TYC operated facilities
and in contract residential programs will receive initial suicide prevention
training and annual updates. Staff designated to conduct suicide screenings
receive annual training by an MHP regarding suicide alert policy, suicide
indicators, and suicide screening.
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 June 11, 2003.
TRD-200303527
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 1, 2003
Proposal publication date: April 18, 2003
For further information, please call: (512) 424-6301
37 TAC §91.90
The Texas Youth Commission (TYC) adopts new §91.90,
concerning Suicide Alert for Parole, with changes to the proposed text as
published in the April 18, 2003, issue of the
Texas
Register
(28 TexReg 3240). Changes to the proposed text consist of
minor grammatical corrections.
The justification for the new rule is to identify youth on parole who verbalize
or display suicidal behavior.
The new rule will establish procedures to be used by staff when they are
made aware of potentially suicidal behavior exhibited by TYC youth paroled
in the community.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the Human Resources Code, §61.040,
which provides the Texas Youth Commission with the authority to provide active
parole supervision for youth given conditional release.
The adopted rule implements the Human Resource Code, §61.034.
§91.90.Suicide Alert for Parole.
(a)
Purpose. The purpose of this rule is to establish procedures
for the identification, assessment, treatment and protection of youth that
may be at risk for suicide within the community on parole to ensure safety.
(b)
Applicability. This rule applies to all youth currently
assigned to parole in the community in the Texas Youth Commission (TYC). This
rule must be applied in conjunction with (GAP) §91.87 of this title (relating
to Suicide Alert Explanation of Terms).
(c)
Initial Identification of Youth at Risk for Suicide.
(1)
Any staff hearing or observing a youth engage in or verbalize
non-lethal or overt suicide behavior must immediately respond in a manner
that protects youth safety.
(2)
For youth engaging in non-lethal suicide behavior, staff
will immediately notify the family or legal guardian of the youth's behavior
and provide community resource information where a mental health professional
(MHP) may be consulted.
(3)
For youth engaging in overt suicide behavior, staff will
immediately notify local law enforcement and the family or legal guardian
and provide community resource information where an MHP may be consulted.
(d)
Notification. For youth who have engaged in life threatening
overt suicide behavior or who have completed suicide, staff will immediately
report the incident to executive staff in central office.
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 June 11, 2003.
TRD-200303529
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 1, 2003
Proposal publication date: April 18, 2003
For further information, please call: (512) 424-6301
Subchapter A. DISCIPLINARY PRACTICES
37 TAC §95.17
The Texas Youth Commission (TYC) adopts an amendment to §95.17,
concerning Behavior Management Program, without changes to the proposed text
as published in the May 2, 2003, issue of the
Texas
Register
(28 TexReg 3708).
The justification for amending the section is to ensure the safety of youth
and staff at TYC institutions.
The amendment will establish that this rule does not apply to youth who
are in the security unit die to danger of injury to self.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to order confinement
under conditions it believes best designed for the youth's welfare and the
interests of the public.
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 June 11, 2003.
TRD-200303530
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 1, 2003
Proposal publication date: May 2, 2003
For further information, please call: (512) 424-6301
Subchapter A. SECURITY AND CONTROL
37 TAC §97.23
The Texas Youth Commission (TYC) adopts an amendment to §97.23,
concerning Use of Force, without changes to the proposed text as published
in the May 16, 2003, issue of the
Texas Register
(28 TexReg 3941).
The justification for amending the section is to ensure the safety and
protection of TYC youth who display overt suicidal behavior.
The amendment to the section will establish that physical restraint may
be used to protect a youth form imminent self-harm, including the removal
of or access to items or clothing which could potentially be used for self-harm.
Protective clothing will be issued to such youth.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, §61.075,
which provides the Texas Youth Commission with the authority to confine a
youth under conditions it believes are best designed for the youth's welfare
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 June 11, 2003.
TRD-200303531
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 1, 2003
Proposal publication date: May 16, 2003
For further information, please call: (512) 424-6301
37 TAC §97.37
The Texas Youth Commission (TYC) adopts an amendment to §97.37,
concerning Security Intake, with changes to the proposed text as published
in the April 18, 2003, issue of the
Texas Register
(28 TexReg 3243). The change to the proposed text consists of a minor
grammatical correction.
The justification for amending the section is the identification, assessment,
protection, and treatment of youth who have verbalized or engaged in suicidal
behavior.
The amendment will establish procedures for admitting potentially suicidal
youth to security intake. The amendment also establishes procedures and controls
to ensure that such youth are assessed in person by a mental health professional.
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 establish
rules appropriate to welfare and rehabilitation of youth in its care.
The adopted rule implements the Human Resource Code, §61.034.
§97.37.Security Intake.
(a)
Purpose.
(1)
The purpose of this rule is to establish criteria and procedure
for segregating youth from the general population under certain circumstances.
Each Texas Youth Commission (TYC) operated institution or secure contract
program provides for segregation programs. Placement in a segregation program
may be imposed only in specific situations for specified periods of time.
Youth who may be eligible for a placement in a segregation program may be
initially referred to the security intake. Such youth are placed into a secure
setting that is controlled exclusively by staff.
(2)
If a youth from the community is referred to the institution
for placement in protective custody, and the youth arrives without a formal
assessment by a mental health professional (MHP), that youth will be placed
in security intake, pending face-to-face assessment.
(b)
Applicability. This rule does not apply to:
(1)
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);
(2)
the use of the same or adjacent space when used specifically
as detention in lieu-of-county detention or specifically as institution detention.
See (GAP) §97.43 of this title (relating to Institution Detention Program);
(3)
the use of the same or adjacent space when used specifically
as a disciplinary segregation program. See (GAP) §95.17 of this title
(relating to Behavior Management Program);
(4)
the use of the same or adjacent space when used specifically
as protective custody. See (GAP) §97.45 of this title (relating to Protective
Custody).
(5)
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); and
(6)
the aggression management program (AMP). See (GAP) §95.21
of this title (relating to Aggression Management Program).
(c)
Referral and Admission Criteria. A youth may be admitted
to security intake 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
others and staff cannot protect others except by referring the youth to security
intake; or
(3)
the youth engages in or verbalizes overt or non-lethal
suicide behavior as defined in (GAP) §91.87 of this title (relating to
Suicide Alert Explanation of Terms); or
(4)
confinement is necessary to prevent imminent and substantial
destruction of property; or
(5)
confinement is necessary to control behavior that creates
disruption of the youth's current program; or
(6)
the youth requests confinement, unless self-referrals have
been disallowed by the superintendent or designee; or
(7)
staff requests detention for a youth.
(d)
Referral and Admission Process.
(1)
A youth may be referred to the security intake by staff
or at the youth's own request.
(2)
A youth may be held in security intake on referral for
up to one (1) hour.
(3)
The superintendent or designee may extend the one (1)-hour
time limit up to one (1) additional hour, if requested and necessary, in order
to make a proper decision.
(4)
Within one (1) hour (or two (2) hours if an extension has
been granted) of the youth's arrival at security intake, the designated staff
shall determine whether criteria for admission have been met. If admission
criteria are met, designated staff may admit youth to the security intake
for up to 24 hours.
(5)
Designated staff include the superintendent, assistant
superintendent, administrative duty officer (ADO), program administrator (PA),
institution placement coordinator (IPC), principal, psychologist, caseworker,
or designated juvenile correctional officer (JCO) VI trained in the security
intake policy and procedure to admit youth to the security intake program.
On the late night shift, a JCO V trained in the security intake admission
policy and procedure may admit a youth to security intake. The director of
security may not admit a youth to security intake.
(6)
If a youth is referred to security intake for danger of
injury to self, this policy needs to be read in conjunction with (GAP) §91.88
of this title (relating to Suicide Alert for Secure Programs). Security staff
shall immediately contact an MHP and a trained designated staff who must initiate
a suicide risk screening within one (1) hour from referral.
(7)
The director of security or designee will review all admission
decisions within one (1) working day to determine if admission criteria have
been met. If the criteria are not met or policy and procedures are not followed,
the youth will be released from the security unit. The director of security
or designee shall not have been involved in the admission decision.
(8)
A youth may appeal the admission decision to the security
intake through the youth complaint system as defined in (GAP) §93.31
of this title (relating to Complaint Resolution System).
(e)
Security Intake Termination/Other Segregation Programs.
(1)
Within 24 hours of admission to security intake, a youth
shall be:
(A)
released to the general population; or
(B)
admitted to one of the following programs:
(i)
security program--if it is determined that there are reasonable
grounds to believe one or more of the security program admission criteria
is occurring. See (GAP) §97.40 of this title (relating to Security Program);
(ii)
institution detention program--if it is determined that
there are reasonable grounds to believe one or more of the institution detention
admission criteria is occurring. See (GAP) §97.43 of this title (relating
to Institution Detention Program).
(iii)
protective custody--if it is determined by an MHP, following
a face-to-face assessment, that protective custody admission criteria are
occurring. See (GAP) §97.45 of this title.
(2)
If a youth is admitted to security intake for any reason
other than danger of injury to self, the youth may be released by the director
of security or any designated staff authorized to admit youth in this policy.
(3)
Youth admitted to security intake for danger of injury
to self may only be released from security intake to the general population
under two circumstances:
(A)
by an MHP in accordance with (GAP) §91.88 of this
title; or
(B)
if an MHP does not assess the youth within 24 hours of
admission to intake. The superintendent or assistant superintendent will be
contacted immediately and the youth will be returned to the general population
under one-to-one (1:1) observation until an MHP conducts a face-to-face suicide
risk assessment.
(f)
Restrictions.
(1)
Segregation shall not be used for retribution at any time.
(2)
No minimum length of time in security intake shall be imposed.
(3)
The superintendent or assistant superintendent may place
moratoriums on self-referrals to security intake for individual dormitories
(such as during dorm shutdown), as well as campus-wide when appropriate.
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 June 11, 2003.
TRD-200303539
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 1, 2003
Proposal publication date: April 18, 2003
For further information, please call: (512) 424-6301
37 TAC §97.40
The Texas Youth Commission (TYC) adopts an amendment to §97.40,
concerning Security Program, without changes to the proposed text as published
in the April 25, 2003, issue of the
Texas Register
(28 TexReg 3487) and will not be republished.
The justification for amending the section is to provide for the safety
of youth and staff at TYC institutions.
The amendment will establish that this rule does not apply to youth who
are in the security unit due to danger of injury to self.
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 take appropriate
measures to ensure the safety of a 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 June 11, 2003.
TRD-200303540
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: July 1, 2003
Proposal publication date: April 25, 2003
For further information, please call: (512) 424-6301
Part 3.
TEXAS YOUTH COMMISSION
Subchapter D. HEALTH CARE SERVICES
Chapter 95.
YOUTH DISCIPLINE
Chapter 97.
SECURITY AND CONTROL