37 TAC §87.5
The Texas Youth Commission (TYC) proposes an amendment to §87.5,
concerning Family Involvement. The amendment to the section will make a clarification
regarding what constitutes private, in-person communication between a youth
in the custody of TYC and his/her parent during visitation. The amendment
will establish an expectation of 24-hour advance notice from a parent who
requests such communication. The amendment also provides for greater detail
regarding information provided to parents of TYC youth. Pursuant to federal
law 20 USCA 1221e-3, any notices required under the Individuals with Disabilities
Education Act must be provided, without regard to youth consent, to the parents
of TYC youth who are 18 years of age or older and placed in a residential
facility of less than high restriction.
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 compliance with federal law, maintenance
of facility safety and security, as well as clear direction relating to information
that must be provided to parents of TYC youth. There will be no effect on
small businesses. There is no anticipated economic cost to persons who are
required to comply with the section as proposed. No private real property
rights are affected by adoption of this rule.
Comments on the proposal may be submitted 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, §67.0761,
which provides the Texas Youth Commission with the authority to develop programs
that encourage family involvement in the rehabilitation of a child.
The proposed rule implements the Human Resources Code, §61.034.
§87.5.Family Involvement.
(a)
The purpose of this rule is to establish the amount and
type of involvement
Texas Youth Commission (TYC)
[
TYC
]
encourages and seeks with the family of youth in jurisdiction.
(b)
Parent Notifications.
[
Families of youths
younger than 18 shall be provided the information listed in this policy without
regard to the youth's consent. Youths 18 and older must give written consent
for information to be disclosed to a parent or guardian, with the exception
that educational information on the youth may be shared with a parent that
is the parent of a "dependent student" as defined in section 152 of the Internal
Revenue Code of 1986.
]
(1)
Parents of youth younger than 18 shall
be provided the following information without regard to the youth's consent:
(A)
written notification of youth placement;
(B)
the name of the youth's primary service
worker (PSW);
(C)
instructions for contacting the youth's
PSW;
(D)
rights and rules regarding visitation,
mail, and telephone;
(E)
rules regarding personal property;
(F)
rules regarding parents sending money to
youth; and
(G)
copies of the Individual Case Plan (ICP).
(2)
Youth 18 and older must give written consent
for information to be disclosed to a parent, with the following exceptions:
(A)
educational information may be shared with
a parent whose child is a "dependent student" as defined in section 152 of
the Internal Revenue Code of 1986, pursuant to federal law 20 USCA 1232g;
and
(B)
any notices required under Individuals
with Disabilities Education Act (IDEA), Part B, including Admission, Review,
and Dismissal (ARD) committee meetings and scheduled evaluations, if the youth
is in a residential placement other than high restriction pursuant to federal
law 20 USCA 1221e-3 will be provided to the parent.
[
(c)
Families shall be given prompt written
notification of youth placement.
]
(3)
[
(d)
] Written information sent to
parents who may be non-English speaking shall be either translated to Spanish
or accompanied by a letter stating that TYC will translate the information
into the spoken language at the request of the parent.
[
(e)
Families shall be provided at least:
]
[
(1)
the name of the youth's primary service
worker (PSW) and instructions for contacting him/her;
]
[
(2)
rights and rules regarding visitation,
mail, and telephone;
]
[
(3)
rules regarding personal property;
]
[
(4)
rules regarding parent sending money to
youth; and
]
[
(5)
information about locating the facility.
]
[
(f)
Families are provided copies of Individual
Case Plans (ICP).
]
(c)
Communication.
(1)
In the course of the communication described
below, the youth's PSW shall not disclose any information for which a youth
18 or older has withheld consent.
(2)
[
(g)
] Youth's PSW shall:
(A)
[
(1)
] seek input from family for
youth's ICP;
(B)
[
(2)
] encourage families to communicate
concerns to facility administrators and/or PSW;
(C)
[
(3)
] encourage families to visit
their child in any program and prepare for the youth's return home;
(D)
[
(4)
] whenever possible, counsel
a youth's parents [
or guardians
] in preparation for the youth's
return home;
(E)
[
(5)
] encourage youth to communicate
with families by letter and/or telephone; and
(F)
[
(6)
] refer families to other agencies
that provide services needed by the families.
(d)
Visitation.
(1)
Youth are allowed to have visitation subject
to the safe and secure operations of the program. See §93.1 of this title
(relating to Basic Youth Rights).
(2)
Youth have a right to refuse visitation.
(3)
Parents' Visitation.
[
(h)
Youth may be allowed the privilege of a family visitation
in the community.
]
(A)
[
(i)
] Parents shall have the right
to
private, in-person communication with their child
[
communicate
in person privately with the youth
] for reasonable periods of time.
The time, place, and conditions of the private, in-person communication may
only be regulated to prevent disruption of scheduled activities and to maintain
the safety and security of the facility.
(B)
Private, in-person communication means
a communication between a parent and his/her child in a location where conversation
cannot be overheard by staff.
(C)
Parents wishing to have private, in-person
communication with their child are expected to make the request at least 24
hours before the visitation. Requests not made within 24 hours should be accommodated
if facility capacity allows.
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 May 24, 2004.
TRD-200403492
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: July 4, 2004
For further information, please call: (512) 424-6014