Part 3.
TEXAS YOUTH COMMISSION
Chapter 85.
ADMISSION AND PLACEMENT
Subchapter A. COMMITMENT AND RECEPTION
37 TAC §85.3
The Texas Youth Commission (TYC) proposes an amendment to §85.3,
concerning Admission Process. The amendment to the section reflects a terminology
change relating to documentation used to track each youth's progress through
TYC.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. McCullough also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of enforcing the section will be the availability of clear, accurate, and
current policy. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
No private real property rights are affected by adoption of this rule.
Comments on the proposal may be submitted within 30 days of the publication
of this notice to DeAnna Lloyd, Policy Coordinator, Texas Youth Commission,
4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or email to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.0364,
which provides the Texas Youth Commission with the authority to make rules
appropriate to the proper accomplishment of its functions.
The proposed rule affects the Human Resources Code, §61.034.
§85.3.Admission Process.
(a) - (c)
(No change.)
(d)
Youth are not allowed to have personal possessions while
at the assessment unit. Personal items are inventoried and returned to the
county transporter. The transporter and youth are asked to sign an inventory/receipt
for property items returned to the transporter's care. Items a youth may be
allowed to keep are inventoried [
(e)
Parents are notified:
(1) - (3)
(No change.)
(4)
that TYC will use chemical agents as necessary to control
conduct if certain behavior criteria
are
[
(f)
(No change.)
(g)
Routine admission procedures include, but are not limited
to the following
:
[
(1) - (6)
(No change.)
(7)
Each youth may be photographed and fingerprinted. The photograph
and fingerprints are filed in the youth's
casework subfile
[
(8) - (10)
(No change.)
(h) - (j)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 13, 2004.
TRD-200401014
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 28, 2004
For further information, please call: (512) 424-6014
37 TAC §85.43, §85.45
The Texas Youth Commission (TYC) proposes amendments to §85.43,
concerning Home Placement, and §85.45, concerning Parole of Undocumented
Foreign Nationals. The amendment §85.43 revises the schedule for the
follow-up home placement assessment for youth classified as Type A-Violent
to be tied more closely to the youth's progress through TYC. Terminology changes
are also made. The amendment to §85.45 replaces references to the U.S.
Immigration and Naturalization Service (INS) with the U.S. Immigration and
Customs Enforcement Agency (ICE).
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the sections are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the sections.
Mr. McCullough also has determined that for each year of the first five
years the sections are in effect the public benefit anticipated as a result
of enforcing the sections will be the availability of clear, accurate, and
current policy. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the sections as proposed.
No private real property rights are affected by adoption of these rules.
Comments on the proposal may be submitted within 30 days of the publication
of this notice to DeAnna Lloyd, Policy Coordinator, Texas Youth Commission,
4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or email to deanna.lloyd@tyc.state.tx.us.
The amendments are proposed under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to make rules
appropriate to the proper accomplishment of its functions.
The proposed rules affect the Human Resources Code, §61.034.
§85.43.Home Placement.
(a)
Purpose. The purpose of this rule is
to
establish
criteria and procedures used by Texas Youth Commission (TYC) staff to determine
whether a youth in TYC jurisdiction will be allowed to return to his/her home
on completion of program requirements or whether alternative living arrangements
must be sought.
(b) - (c)
(No change.)
(d)
Home
Placement
Assessment.
(1)
The assigned parole officer shall assess the home of each
youth in
his/her
[
(2)
Within 90 days of admission to TYC, all homes shall be
either approved or disapproved as a result of a completed home
placement
assessment.
(3)
The home placement
assessment
status may be
changed but only as a result of a follow-up home
placement
assessment
by the assigned parole officer.
(4)
A completed home
placement
assessment shall
be considered current for any youth released to his/her home within 12 months
of the first day counted on the minimum length of stay. Home
placement
assessment follow-ups will be conducted annually thereafter.
(5)
For
Type A violent
[
(6)
Any time new evidence or special circumstances warrant,
a follow-up home
placement
assessment may be conducted.
(e)
Home Approval/Disapproval Criteria. A youth's home shall
be considered approved unless one or more of the following disapproval criteria
exists, and can be documented:
(1) - (6)
(No change.)
(7)
the youth is an undocumented foreign national and a copy
of the notice from TYC to the Immigration and
Customs Enforcement Agency
(ICE)
[
(f)
(No change.)
§85.45.Parole of Undocumented Foreign Nationals.
(a)
Purpose. The purpose of this rule is to establish a procedure
whereby Texas Youth Commission (TYC) works with the United States Immigration
and
Customs Enforcement (ICE)
[
(b)
(No change.)
(c)
Explanation of Terms Used. Undocumented Foreign Nationals
- youth who do not have legal residence in the United States as determined
by the
ICE
[
(d)
All residential programs are required to notify the
ICE
[
(e)
Undocumented foreign nationals will not be placed in a
minimum restriction parole location (home or home substitute) until a copy
of the referral letter from the residential program to
ICE
[
(f)
In anticipation of completion of required release criteria
and not less than 45 days prior to anticipated release, the releasing authority
shall inform
ICE
[
(1)
(No change.)
(2)
send to the
ICE
[
(3) - (4)
(No change.)
(g)
On the day of parole release,
ICE
[
(h)
If the release of a youth is canceled for any reason, the
releasing program shall immediately notify
ICE
[
(i)
If the youth is not deported by
ICE
[
(j)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 13, 2004.
TRD-200401015
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 28, 2004
For further information, please call: (512) 424-6014
Subchapter A. PROGRAM PLANNING
37 TAC §87.1
The Texas Youth Commission (TYC) proposes an amendment to §87.1,
concerning Case Planning. The amendment to the section will establish that
the Individual Case Plan will be updated and reviewed monthly, include adaptations
for youth with identified special needs, and include a plan for transitioning
the youth back into the community. Definitions of certain terms are also revised.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. McCullough also has determined that for each year of the first five
years the section is in effect the public benefit anticipated as a result
of enforcing the section will be to facilitate individualized case management
for each youth, based on the youth's need for services, to the extent possible
within agency resources. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the section as proposed. No private real property rights are affected by adoption
of this rule.
Comments on the proposal may be submitted within 30 days of the publication
of this notice to DeAnna Lloyd, Policy Coordinator, Texas Youth Commission,
4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or email to deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code, §61.076,
which provides the Texas Youth Commission with the authority to require youth
committed to its care to participate in moral, academic, vocational, physical,
and correctional training and activities, and §61.034, which provides
the Commission with the authority to make rules appropriate to the proper
accomplishment of its functions.
The proposed rule affects the Human Resources Code, §61.034.
§87.1.Case Planning.
(a)
Purpose. The purpose of this rule is to ensure the case
management of each youth is individualized to the extent possible and is based
on the youth's need for services. Youth needs are identified and corresponding
long-term and short-term objectives are developed within the agency's resources
to facilitate the youth's progress in the Resocialization program
. The
resulting case plan is reviewed regularly and revised when necessary.
(b)
Definitions.
(1)
Case Management
Standards (CMS)
[
(2)
Individual Case Plan (ICP)--
the
[
(3)
Primary Service Worker (PSW)--
the
[
(A)
Institutional Primary Service
Worker (PSW)--person assigned the primary responsibility for casework and
administration of the case management standards in a high restriction TYC
operated facility or contract placement.
(B)
Transitional Primary Service
Worker (PSW)--person assigned the primary responsibility for casework and
administration of the case management standards in a TYC operated halfway
house or a medium restriction residential contract facility.
(C)
Parole Officer--person assigned
the primary responsibility for casework and administration of the case management
standards for youth on parole in the community.
(4)
Phase Assessment Team (PAT)--a
team of staff consisting of the PSW, an educator and the juvenile correctional
officer supervisor to facilitate, assess and document each youth's progress
through the Resocialization program.
(c)
Case Planning.
(1)
An ICP will be developed with and for each
youth by the PSW. The plan will be [
(2)
The ICP will be developed with
adaptations and modifications for youth identified with specialized needs
to facilitate youth progress through the Resocialization program.
(3)
Case planning will be initiated
during the assessment process.
(4)
The ICP development shall include
a review of youth progress and monthly objectives and shall be developed with
the youth and family when possible.
[
[
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 13, 2004.
TRD-200401016
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 28, 2004
For further information, please call: (512) 424-6014
37 TAC §§87.87, 87.89, 87.91
The Texas Youth Commission (TYC) proposes amendments to §87.87,
concerning Sex Offender Risk Assessment, §87.89, concerning Use of Clinical
Polygraph in the Sex Offender Treatment Program, and §87.91, concerning
Family Reintegration of Sex Offenders.
The amendments to the sections reflect the updated name of the Sexual Behavior
Treatment Program (SBTP). The amendment to §87.87 also includes a terminology
change relating to documentation used to track each youth's progress through
TYC.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the sections are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the sections.
Mr. McCullough also has determined that for each year of the first five
years the sections are in effect, the public benefit anticipated as a result
of enforcing the sections will be the availability of clear, accurate, and
current policy. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the sections as proposed.
No private real property rights are affected by adoption of these rules.
Comments on the proposal may be submitted within 30 days of the publication
of this notice to DeAnna Lloyd, Policy Coordinator, Texas Youth Commission,
4900 North Lamar, P.O. Box 4260, Austin, Texas 78765, or email to deanna.lloyd@tyc.state.tx.us.
The amendments are proposed under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to make rules
appropriate to the proper accomplishment of its functions.
The proposed rules affect the Human Resources Code, §61.034.
§87.87.Sex Offender Risk Assessment.
(a) - (f)
(No change.)
(g)
Override Procedures.
(1)
(No change.)
(2)
The central office override committee will review youth
when one of the following applies:
(A)
(No change.)
(B)
Youth having a score of four (4) or above on the Static-99
or a six (6) and above on the JSORAI after successfully completing a TYC
sexual behavior
[
(C)
(No change.)
(3)
(No change.)
(4)
Documentation.
(A)
The central office override committee will document all
decisions and the criteria used for each override on the appropriate TYC [
(B) - (D)
(No change.)
(E)
The PSW at the referring facility will ensure that the
decision is filed in the appropriate section of the youth's
casework
subfile
[
§87.89.Use of Clinical Polygraph in the Sexual Behavior [
(a)
The purpose of this rule is to provide clinical oversight
for use of the clinical polygraph in
the
treatment of sex offenders.
(b)
The Texas Youth Commission approves the use of a polygraph
for certain selected youth involved in treatment in the agency's approved
Sexual Behavior Treatment Program (SBTP)
[
(c)
(No change.)
(d)
A youth may be considered a candidate for a polygraph if
the youth:
(1)
(No change.)
(2)
has been admitted to the
SBTP
[
(3)
(No change.)
(e)
(No change.)
§87.91.Family Reintegration of Sex Offenders.
(a)
(No change.)
(b)
Explanation of Terms Used.
(1)
Family--
as
[
(2) - (3)
(No change.)
(c)
Requirements for Family Reintegration.
(1) - (3)
(No change.)
(4)
The offender has demonstrated sufficient progress in treatment
to be ready to return home as evidenced by completion of Phase 4 of the Resocialization
Program and/or completion of the
Sexual Behavior Treatment Program (SBTP)
[
(5) - (9)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 13, 2004.
TRD-200401017
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 28, 2004
For further information, please call: (512) 424-6014
Subchapter D. HEALTH CARE SERVICES
37 TAC §§91.83, 91.85, 91.97, 91.99
The Texas Youth Commission (TYC) proposes amendments to §91.83,
concerning Criteria for Health Care, §91.85, concerning Medical Care, §91.97,
concerning Acquired Immune Deficiency Syndrome/HIV, and §91.99, concerning
Medical Admissions for Al Price State Juvenile Correctional Facility.
The amendment to §91.83 will establish that physicians and dentists
responsible for providing care to TYC youth must be licensed to practice in
Texas. The amendment to §91.85 will clarify the types of routine medical
and dental examinations and treatment plans provided to TYC youth. The amendment
to §91.97 reflects updated titles for certain health services staff.
The amendment to §91.99 updates terminology relating to the documentation
used by the treatment team to review a youth's progress in the program.
Don McCullough, Assistant Deputy Executive Director for Financial Support,
has determined that for the first five-year period the sections are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the sections.
Mr. McCullough also has determined that for each year of the first five
years the sections are in effect, the public benefit anticipated as a result
of enforcing the section will be the availability of accurate, clear, and
current policy. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the sections as proposed.
No private real property rights are affected by adoption of these rules.
Comments on the proposal may be submitted to DeAnna Lloyd, Policy Coordinator,
Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765,
or email to deanna.lloyd@tyc.state.tx.us.
The amendments are proposed under the Human Resources Code, §61.034,
which provides the Texas Youth Commission with the authority to establish
rules appropriate to the proper accomplishment of its functions.
The proposed rules affect the Human Resources Code, §61.034.
§91.83.Criteria for Health Care.
(a)
Purpose. The purpose of this rule
is
to establish
the criteria for providing medical care to
Texas Youth Commission (TYC)
[
(b)
Explanation of Terms Used.
(1)
Responsible Physician--An individual licensed to practice
medicine
in Texas and provide
[
(2)
Responsible Dentist--An individual licensed to practice
dentistry
in Texas and provide
[
(c) - (f)
(No change.)
§91.85.Medical Care.
(a) - (b)
(No change.)
(c)
Services.
(1) - (3)
(No change.)
(4)
All youth in residential care will receive a physical and
dental screening and examination upon admission to TYC
, and a health
screening and dental examination annually thereafter
[
(5) - (7)
(No change.)
(d)
General Procedural Requirements.
(1)
Facility nurses will [
(2) - (5)
(No change.)
(6)
All efforts are made
by TYC and contracted healthcare
professionals
to utilize third party reimbursement if available.
(7)
(No change.)
(e)
Limitation of Services.
(1)
TYC is not responsible for medical costs incurred by youth:
(A) - (B)
(No change.)
(C)
for injuries/illnesses sustained while on
escape/abscond
[
(D)
(No change.)
(2)
Pharmaceutical, cosmetic, and medical experiments are prohibited.
This policy does not preclude individual treatment of a youth based on
the
[
(f)
(No change.)
§91.97.Acquired Immune Deficiency Syndrome/HIV.
(a) - (b)
(No change.)
(c)
Testing.
(1)
Routine screening and/or testing for the HIV antibody is
prohibited by law unless it is to be performed as a blind study for statistical
purposes initiated by the TYC medical director or health services
administrator
[
(2)
(No change.)
(3)
HIV/AIDS testing may be done on youth under the following
circumstances only:
(A)
A youth signs a written consent form indicating his/her
willingness to be tested voluntarily[
(B) - (C)
(No change.)
(4)
(No change.)
(5)
Pre-test
[
(d)
Confidentiality.
(1)
Strict confidentiality shall be upheld regarding any HIV/AIDS
testing or test results. All medical information, including information about
HIV/AIDS infection, counseling, testing or test results is confidential and
may not be released or disclosed except to facility physicians and nurses,
the agency's medical director and health services
administrator
[
(2)
(No change.)
(e) - (h)
(No change.)
(i)
Education. TYC provides ongoing training regarding
AIDS
[
(1) - (3)
(No change.)
(4)
Education of youth includes basic information about:
(A) - (E)
(No change.)
(F)
potential HIV transmission
behaviors
[
(G) - (L)
(No change.)
§91.99.Medical Admissions for Al Price State Juvenile Correctional Facility.
(a) - (b)
(No change.)
(c)
Admissions.
(1)
(No change.)
(2)
Admission Process.
(A)
Referrals. Youth may be placed at the MRD from the MOAU
or may be referred from another facility. If referred from another facility,
the action is considered an administrative transfer under (GAP) §85.29
of this title (relating to Program Completion and Movement Other Than Sentenced
Offenders). Youth may contest such a transfer by filing a complaint under
(GAP) §93.31 of this title (relating to Complaints Resolution System).
(i)
A referral packet is completed and forwarded under the
sending
superintendent's signature to the MRD admissions review team
at APSJCF.
(ii)
(No change.)
(B)
Emergency Referrals. If an emergency exists, staff may
request of the APSJCF superintendent immediate placement in the MRD. The admission
is subject to review and approval by the admission review team, which occurs
within seven
(7)
days of the youth's arrival.
(d)
Program Requirements.
(1) - (4)
(No change.)
(5)
The treatment team shall review the youth's progress on
the ICP and
Patient Summary
[
(e)
Release and Transition Options.
(1) - (3)
(No change.)
(4)
If a youth has been assigned to the MRD as a transitional
care youth,
he/she
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 13, 2004.
TRD-200401018
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: March 28, 2004
For further information, please call: (512) 424-6014
Subchapter A. YOUTH RECORDS
on the Personal Property and Clothing
Inventory form, CCF-510,
] and a copy is given to the youth.
is
] met.
.
]
masterfile
].
Subchapter B. PLACEMENT PLANNING
their
] jurisdiction and shall determine
whether the home is approved or disapproved for placement. The assigned parole
officer will also determine whether the youth will be returned to his/her
home upon release from residential placement. Each home assessment will be
completed in the home of the youth's legal parent(s), guardian, or relative
who has volunteered to have the youth placed in his/her home. The home assessment
process is also applicable to all youth properly referred to parole officers
through the Texas Interstate Compact on Juveniles (ICJ) Office.
Violent A
] offenders
who have a minimum length of stay of 24 months, the follow-up home assessment
is to be conducted
within 45 days after completion of phase A2B2C3
[
no later than 90 days from the minimum length of stay release date,
]
and be incorporated into the
transition
[
formal release
]
plan.
Naturalization Service (INS)
] has not been received
by the parole officer as outlined in (GAP) §85.45 of this title (relating
to Parole of Undocumented Foreign Nationals).
Naturalization Service (INS)
] for parole release of youth who are undocumented foreign nationals.
No youth who are undocumented foreign nationals shall be detained in a secure
facility for the sole purpose of deportation.
INS
].
INS
] of the presence of an undocumented foreign national
youth at the facility.
INS
] is received by the assigned parole officer.
INS
] of the pending release of any
undocumented foreign national youth and request a residency and deportation
status determination within 15 days of receipt of notification. Forty-five
(45) days before parole release the TYC staff of the releasing program shall:
INS
] in the region,
written notice of the release date, request for confirmation of the date and
of transportation within 15 days of receipt of notification, and request that
ICE
[
INS
] meet with the youth prior to the date and send
a copy of the notice to the assigned parole officer;
INS
] is responsible for transporting the youth to a port of entry.
INS
],
parole officer, and other affected parties.
INS
] or if
ICE
[
INS
] fails to confirm the transportation
date at least 30 days prior to expected release, the parole office and institutional
placement coordinator will proceed with placement options.
Chapter 87.
TREATMENT
System
]--
the
[
The
] standardized process used throughout
the Texas Youth Commission (TYC) to ensure that each youth receives fair and
appropriate attention and that each youth experiences treatment based on individually
identified needs and strengths
and that each youth is transitioned to
the community in a timely manner
.
The
]
individualized plan for each youth that assesses a youth's needs and strengths,
identifies objectives with specific strategies to address both needs and strengths,
identifies a transition plan to the community
and is reviewed and adjusted
as the youth progresses or as new needs are identified. [
A document by
the same title is used to record and maintain the plan.
]
The
] generic title given to persons at each TYC program who are assigned
the primary responsibility for the case work for individual youth and for
the administration of the case management
standards
[
system
].
The three (3) types of PSW are:
periodically
] updated
monthly
. The plan will be developed in accordance with the
Resocialization
[
resocialization
] program and identified needs
and
strengths
and must specify measurable objectives, expected outcomes
and a means to evaluate progress. See (GAP) §87.3 of this title (relating
to Resocialization Program).
(d)
The ICP will be initiated
during the assessment process.]
(e)
the ICP development shall
include long and short-term objectives and shall be developed with the youth
and family when possible.]
(f)
Objectives must be written
so that they may be achieved within a period of time no longer than the required
minimum length of stay or the expected length of stay at each program.]
Subchapter B. SPECIAL NEEDS OFFENDER PROGRAMS
sex offender
] treatment program.
child care
] forms.
masterfile
].
Sex Offender ] Treatment Program.
Sex Offender Treatment
Program (SOTP)
]. Use of the clinical polygraph is strictly controlled
and must be approved in each instance by qualified clinical professionals.
sex offender
treatment program
] and has completed the initial
SBTP
[
SOPT
] evaluation; and
As
] used herein, shall
refer to the family members who live in the designated home placement, including
the victim or potential victim(s).
Sex Offender Treatment Program (SOTP)
].
Chapter 91.
PROGRAM SERVICES
TYC
] youth while they are under TYC jurisdiction.
and providing
] health
services to the TYC youth population through a contractual arrangement.
and providing
] dentistry
services to the TYC youth population through a contractual arrangement.
and annually
thereafter
].
, for each TYC youth,
]
develop an individual
treatment plan for each TYC youth with chronic
care or special medical needs
[
medical plan, which documents current
health status and availability of medical insurance
].
escape/abscondence
] status; or
his or her
] need for a specific medical procedure which
is not generally available.
coordinator
] and with the approval of the executive director.
There shall be no form of identifying information in the study.
, Consent Form, HLS-755
];
or
Pretest
] counseling regarding
HIV/AIDS shall be provided prior to youth giving consent.
Post-test
[
Post test
] counseling is provided regarding the result.
coordinator
].
acquired immune deficiency syndrome (AIDS)
] to youth.
behavior
] that are in violation of Texas
criminal
[
Criminal
] laws;
IMP objectives
] at least
every 30 days. The treatment team consists of the program administrator or
designee, the director of nurses or designee, PSW, juvenile correctional officers
(JCO) and designated education staff.
he
] would be returned to
his/her
[
his
] original assigned facility.
Chapter 99.
GENERAL PROVISIONS