Part 3.
TEXAS YOUTH COMMISSION
Chapter 81.
INTERACTION WITH THE PUBLIC
37 TAC §81.34
The Texas Youth Commission (TYC) proposes an amendment to §81.34,
concerning Notice of Youth's Confession of Child Abuse. The amendment to the
section will reflect the updated title of §93.33 Alleged Abuse, Neglect,
and Exploitation. References to the Department of Protective and Regulatory
services will also be updated to reflect its new name, Department of Family
and Protective Services (DFPS).
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 the use 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 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, §61.034,
which provides the Texas Youth Commission with the authority to establish
rules appropriate to the proper accomplishment of its functions.
The proposed rule affects the Human Resources Code, §61.034.
§81.34.Notice of Youth Confessions [
(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
[
(b)
Applicability. This rule does not apply to reporting suspected
abuse or neglect of youth in TYC programs. See (GAP) §93.33[
(c)
Reporting.
(1)
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 48 hours after the staff member first receives it, to
DFPS
[
(2)
A report does not need to be made if it is determined from
existing documentation that the youth's statement:
(A)
has already been referred to
DFPS
[
(B)-(C)
(No change.)
(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
receiving the report shall refer it immediately to
DFPS
[
(A)-(B)
(No change.)
(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 receiving the report shall refer
it immediately to
DFPS
[
(A)-(B)
(No change.)
(3)
(No change.)
(e)
Content of Referred Report. A report referred to
DFPS
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 3, 2004.
TRD-200401696
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: April 18, 2004
For further information, please call: (512) 424-6014
Subchapter B. PLACEMENT PLANNING
37 TAC §85.23
The Texas Youth Commission (TYC) proposes an amendment to §85.23,
concerning Classification. The amendment to the section revises one of the
Type B - Violent Offender classifying offenses to be consistent with TYC rule
violations. The TYC Category I rule violation known as "chunking bodily fluids,"
which can be found in §95.3, is now included in the list of offenses
classified as Type B - Violent. The amendment also updates the listing of
sentenced offender classifying offenses to include manslaughter and intoxication
manslaughter pursuant to Family Code §53.045, as amended by the 77th
Texas Legislature.
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 use accurate, clear and current policy
among TYC facilities. There will be no effect on small businesses. There is
no anticipated economic cost to persons who are required to comply with the
section as proposed. No private real property rights are affected by adoption
of this rule.
Comments on the proposal may be submitted to 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, §61.075,
which provides the Texas Youth Commission with the authority to modify any
order of the commission affecting a child, except an order of final discharge,
as often as conditions indicate.
The proposed rule affects the Human Resource Code, §61.034.
§85.23.Classification.
(a)
(No change.)
(b)
Explanation of Terms Used.
(1)
(No change.)
(2)
Classifying Offense - the offense on which classification
is based. It is the most serious of the relevant offenses documented in the
youth's record. Relevant offenses are:
(A)
(No change.)
(B)
following a
Level
[
(3)-(5)
(No change.)
(c)
(No change.)
(d)
Classifications.
(1)
Sentenced Offender. A sentenced offender is a youth committed
to TYC pursuant to §54.04(d)(3) or §54.05(f) Family Code for offenses
committed:
(A)-(C)
(No change.)
(D)
on or after September 1, 2001, for an
offense listed in subsection (d)(1)(A), (d)(1)(B), or (d)(1)(C) of this section
or:
(i)
manslaughter, 19.04, second degree felony only
(ii)
intoxication manslaughter, 49.08, second degree felony
only
(2)
(No change.)
(3)
Type B - Violent Offender. A type B violent offender is
a youth whose classifying offense is the commission, attempted commission,
conspiracy to commit, solicitation, solicitation of a minor to commit, or
engaging in organized criminal activity to commit one of the offenses listed
in this paragraph and who has not been sentenced to commitment in TYC. TYC
adopts the Texas Penal Code definition
(Title 5)
for each offense
[
(A)-(P)
(No change.)
[
(Q)
[
(R)
[
(S)
[
(T)
[
(U)
[
(V)
[
(W)
[
(X)
[
(Y)
[
(i)
TYC employee;
(ii)
contract program employee;
(iii)
volunteer; or
(iv)
person who is providing contract services at a contract
program or TYC operated facility.
(Z)
intentionally causing a person to come
into contact with the blood, seminal fluid, vaginal fluid, urine, and/or feces
of another with the intent to harass, alarm or annoy.
(4)-(8)
(No change.)
(e)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 3, 2004.
TRD-200401697
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: April 18, 2004
For further information, please call: (512) 424-6014
37 TAC §85.61
The Texas Youth Commission (TYC) proposes an amendment to §85.61,
concerning Discharge/Transfer of Custody. The amendment to the section will
clarify the circumstances under which a youth with a mental illness or mental
retardation may be discharged from the custody of TYC without completing the
agency's Resocialization program. Recent revisions to §87.79 provide
that certain youth with mental disabilities, who have completed the minimum
length of stay, may be referred for outpatient care to the Mental Health Authority
(MHA) in the youth's home county. §85.61 will be amended to delete language
that provided for discharge prior to completion of the Resocialization program
only upon commitment to the Texas Department of Mental Health and Mental Retardation.
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 clear policy requirements and procedures
for the discharge of youth with mental illness or mental retardation. 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, §61.075
Determination of Treatment, which provides the Texas Youth Commission with
the authority to discharge a youth from its control when it is satisfied the
discharge will best serve the youth's welfare and the protection of the public.
The proposed rule affects the Human Resources Code, §61.034.
§85.61.Discharge/Transfer of Custody.
(a)-(d)
(No change.)
(e)
Discharge Criteria.
(1)
(No change.)
(2)
Special Circumstances.
(A)
Youth of any classification except sentenced offenders
shall be discharged under the following circumstances:
(i)-(ii)
(No change.)
[
(iii)
[
(iv)
[
(v)
[
(vi)
[
(B)-(D)
(No change.)
(f)-(h)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 3, 2004.
TRD-200401698
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: April 18, 2004
For further information, please call: (512) 424-6014
Subchapter B. DUE PROCESS HEARINGS PROCEDURES
Youth's Confession ] of Child Abuse.
supervisor
] 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.
(d)
] of this title (
relating to Alleged Abuse, Neglect and Exploitation
[
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 Family and Protective Services (DFPS)
[
Department of Protective and Regulatory Services (DPRS)
] or to a state
or local law enforcement agency.
DPRS
], to a state or local law enforcement agency, or to the person's
appropriate TYC supervisor.
DPRS
] or a law enforcement agency by an agency supervisor and the new report
includes no new information;
DPRS
] or to the appropriate state or local law enforcement agency for
investigation if:
DPRS
] or to the appropriate
state or local law enforcement agency for investigation if:
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.
Chapter 85.
ADMISSION AND PLACEMENT
level
] I hearing,
the offense(s) found at the hearing except when the hearing is for a youth
classified as a sentenced offender, in which case, the youth's classification
continues to be sentenced offender.
listed in (A-V) of this subsection
] in its entirety except where
TYC policy limits the applicability to
the
specific subsections
or under the conditions named.
(Q)
harassment by persons in secure correctional
facilities, 22.11, all
]
(R)
] coercing, soliciting or inducing
gang membership, 22.015, felony only
(S)
] arson, 28.02, all
(T)
] robbery, 29.02, all
(U)
] aggravated robbery, 29.03,
all
(V)
] burglary, 30.02, only with
intent to commit any other type A or type B violent offense
(W)
] intoxication assault, 49.07,
all
(X)
] intoxication manslaughter,
49.08, all
(Y)
] intentionally participating
with at least two
(2)
other persons in conduct at a contract program
or TYC operated facility that threatens imminent harm to persons or property
and substantially obstructs the performance of facility operations or a program
therein.
(Z)
] intentionally, knowingly, or
recklessly causing bodily injury to a:
(iii)
commitment to Texas Department of Mental
Health and Mental Retardation when the minimum length of stay has been completed;
]
(iv)
] enlistment in the military;
(v)
] closing of records following
a youth's death or recommitment;
(vi)
] discharge by the executive
director or his designee for any other reason, such as an illness or injury
which prevents a youth's return to active program participation;
(vii)
] youth who have completed
length of stay requirements and who are unable to progress in the agency's
rehabilitation programs because of mental illness or mental retardation as
specified in (GAP) §87.79 of this title (relating to Discharge of Mentally
Ill and Mentally Retarded Youth).
Chapter 95.
YOUTH DISCIPLINE