Part 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 9. PUBLIC SAFETY COMMUNICATIONS
Subchapter D. SILVER ALERT NETWORK
The Texas Department of Public Safety (DPS) proposes new Subchapter D, §§9.31 - 9.34, relating to the Silver Alert Network. The new sections are necessary to promulgate the policies and procedures of DPS governing the statewide coordination of the Silver Alert Network.
New §9.31 details the need for statewide coordination of the Silver Alert Network in order to maintain a high level of effectiveness; §9.32 describes local law enforcement responsibility; §9.33 describes the department's responsibility; and §9.34 describes the activation and deactivation of the Silver Alert Network.
The new sections are necessary to fully implement Tex. S.B. 1315, Acts 2007, 80th Leg., R.S.
Oscar Ybarra, Chief of Finance, has determined that for each year of the first-five year period the rules are in effect there will be no fiscal implications for state or local government, or local economies.
Mr. Ybarra also has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of enforcing the rules will be to ensure the high level of effectiveness of the statewide emergency response system for senior citizens. There is no anticipated adverse economic effect on individuals, small businesses, or micro-businesses.
The department has determined that Chapter 2007 of the Government Code does not apply to this rule. Accordingly, the department is not required to complete a takings impact assessment regarding this rule.
Comments on the proposal may be submitted to Mike Gougler, Assistant Commander, Criminal Intelligence Service, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0420, (512) 424-5028.
The new sections are proposed pursuant to Texas Government Code, §411.383(b), which requires the director to adopt rules and issue directives as necessary to ensure proper implementation of the alert system, with the rules and directives to include procedures to be used by local law enforcement; a description of the circumstances under which local law enforcement is required to report a missing senior citizen; and the procedures to be used to notify designated media outlets in Texas.
Texas Government Code, §411.383(b) is affected by this proposal.
§9.31.Purpose of Silver Alert Network.
(a) The Silver Alert Network ("network") was developed as a statewide emergency response system for certain missing senior citizens. The network is designed to be activated when a missing senior citizen with a diagnosed impaired mental condition poses a credible threat to his or her health and safety.
(b) A diagnosed impaired mental condition means a mental condition or disorder as defined by the current version of the Diagnostic and Statistical Manual as a clinically significant behavioral or psychological syndrome or pattern that occurs in an individual and that is associated with present distress or disability or with a significantly increased risk of suffering death, pain, disability, or an important loss of freedom. In addition, this individual's current condition presents a significant level of impairment to pose a credible threat to the individual's health and safety. The condition, e.g., Alzheimer's disease or dementia, shall be documented by a medical or mental health professional.
(c) Activation of the network outside the established criteria will ultimately cause the public to disregard the notifications, and the system will lose effectiveness. In order to maintain a high level of effectiveness, the department and local law enforcement must ensure that the circumstances justifying activation are accurately evaluated in order to implement the network in a responsible manner.
(d) Network activations must be limited to those instances where the statutory criteria for activation are clearly established by the specific facts of the case. The department has complete discretion in making the final determination about the activation of the Silver Alert Network.
§9.32.Local Law Enforcement Responsibility.
A local law enforcement agency with jurisdiction over the investigation of a missing senior citizen may submit a request for activation of the Silver Alert Network. The request must be submitted on the Silver Alert Request Form (SA_1). A local law enforcement agency may submit the form after it has verified that all statutory criteria for activation are clearly established by the specific facts of the case. Local law enforcement shall provide documentation of a diagnosed impaired mental condition with the request for activation.
Figure: 37 TAC §9.32 (.pdf)
§9.33.Department Responsibility.
The department shall review a request for activation to confirm that the request meets the statutory criteria for activation. The department will not activate the network until the local law enforcement agency has clearly established that all statutory criteria for activation are satisfied.
§9.34.Activation and Deactivation.
Silver Alert Network activations and deactivations will be made according to the procedures specified in the current Silver Alert standard operating procedures.
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 August 10, 2007.
TRD-200703516
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: September 23, 2007
For further information, please call: (512) 424-2135
Chapter 93. YOUTH RIGHTS AND REMEDIES
The Texas Youth Commission (the commission) simultaneously proposes the repeal of §93.31, concerning Complaint Resolution System, and new §93.31, concerning Youth Grievance System. The new section will establish the rules and control measures for the operation of the commission's re-designed youth grievance system.
The grievance system will provide for additional methods for filing grievances directly with off-site staff. The system will also include a new conference request provision for youth, whereby a youth may informally discuss grievances with a staff member selected by the youth. The new system also provides enhanced control measures to ensure the security of grievance drop boxes. The new rule establishes that the commission will provide information on how to file grievances to youth and their families each time a youth arrives at a TYC placement, and confirmation of receipt to a person who files a youth grievance.
Robin McKeever, Division Director for Finance, Business, and Maintenance, has estimated no significant fiscal impacts for state or local government as a result of enforcing or administering the new section for the first five-year period the new section is in effect.
DeAnna Lloyd, Manager of Policy, Grants, and Accreditation, 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 safety and positive adjustment of youth in the commission's custody through enhancement of measures for reporting and resolution of grievances. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the new 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, Manager of Policy, Grants, and Accreditation, Texas Youth Commission, P.O. Box 4260, Austin, Texas 78765, or email to deanna.lloyd@tyc.state.tx.us.
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Youth Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Human Resources Code, §61.034, which provides the commission with the authority to make rules appropriate to the proper accomplishment of its functions.
The proposed repeal affects the Human Resources Code, §61.034.
§93.31.Complaint Resolution System.
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 August 13, 2007.
TRD-200703586
Dimitria D. Pope
Acting Executive Director
Texas Youth Commission
Earliest possible date of adoption: September 23, 2007
For further information, please call: (512) 424-6014
The new section is proposed under the Human Resources Code, §61.045, which assigns to the commission the responsibility for the welfare and rehabilitation of the children in its care, and §61.0422, which requires the commission to keep information about each written complaint filed with the commission by a child receiving services from the commission or the child's parent or guardian.
The proposed rule affects the Human Resources Code, §61.034.
§93.31.Youth Grievance System.
(a) Policy.
(1) Youth, parents or guardians of youth, and youth advocates have a right to file grievances concerning the care, treatment, services, or conditions provided for youth under the jurisdiction of the Texas Youth Commission (TYC). TYC will resolve grievances in a prompt, fair, and thorough manner.
(2) TYC recognizes that informal discussions between staff and youth are a key element in resolving issues or concerns at the earliest stage and contribute to a positive facility culture. TYC will make staff available to meet with youth whenever possible, limited only by consideration for facility order and the safety of youth and staff.
(b) General Rules.
(1) There is no limitation on the number or subject matter of grievances a person is permitted to file.
(2) Each residential facility and parole office will provide a time, place, and manner in which youth, parents/guardians, or youth advocates may file grievances and a staff member who is available to provide assistance in writing and filing grievances.
(3) In residential facilities, reasonable restrictions may be imposed on the time, place, and manner of submission of grievances filed by youth to preserve order and maintain attention during instructional or treatment activities.
(4) Retaliation or interference by staff concerning the filing or resolution of grievances will not be tolerated and is grounds for disciplinary action up to and including termination of employment.
(5) To the extent possible, grievances will remain confidential. The identity of a person filing a grievance will not be shared with staff members other than those necessary to resolve the grievance. Youth files will not contain any reference to the filing of grievances.
(6) Youth will be informed of the system for filing and resolving grievances upon arrival at each placement. Notices containing information on the grievance system will be posted in English and Spanish in conspicuous areas throughout residential facilities and parole offices. Parents/guardians will be provided information on the grievance resolution system and local contact information upon a child's admission to TYC and each subsequent placement.
(7) Persons with limited English proficiency may file grievances in languages other than English.
(8) TYC will provide confirmation of receipt, including a tracking number, to grievants having the legal right to access confidential youth information.
(9) Upon written request, a parent/guardian of a youth under 18 years of age will be provided with a summary of grievances filed by his/her child. A youth 18 years of age or older must provide consent in order to release a grievance summary to his/her parent/guardian.
(c) Youth Requests for Conference with Staff.
(1) Youth assigned to residential facilities may submit a written request for a conference with any staff member assigned to his/her facility as an informal means of addressing issues or concerns. Conferences with youth will be scheduled at the earliest opportunity that does not jeopardize youth or staff safety, facility order, or an ongoing investigation. Youth will be notified in cases where the request cannot be honored promptly.
(2) A youth may elect to file a grievance if he/she is dissatisfied with the result of the staff conference or the issue(s) raised in connection with the conference request cannot be resolved by his/her selected staff member. However, in no case will a youth be required to submit a request for conference as a preliminary step prior to submitting a grievance.
(d) Grievances.
(1) Methods for Filing a Grievance.
(A) Incident Reporting Center. Any person may submit a grievance to the TYC Incident Reporting Center (IRC) by telephone, email, fax, or postal service. See TYC's internet website for contact information. Subject to limitations on time, place, and manner, a youth in a residential placement will be allowed confidential telephone access in order to contact the IRC.
(B) In-Person to TYC Staff. Any person who is unable or unwilling to submit a grievance in writing may verbally communicate a grievance to TYC staff.
(C) Youth Grievance Forms.
(i) All youth under TYC jurisdiction must have access to pre-numbered grievance forms.
(ii) In residential facilities, a youth will be selected in each living unit or area to distribute grievance forms.
(iii) In residential facilities, secure drop boxes will be provided in easily accessible locations for youth to submit completed grievance forms. Access to the drop boxes is restricted to staff members designated by the executive director or designee.
(iv) A youth will be provided with a copy of each grievance he/she submits.
(2) Resolution of a Grievance.
(A) Grievances will be promptly collected, reviewed and assigned for response. Grievances will be screened to identify issues which require expedited resolution in order to avoid substantial loss or harm if delayed.
(B) Each grievance will be assigned to a staff member who is not directly involved in the grievance and has the authority to implement an appropriate corrective measure or has knowledge or access to provide clarifying information. The assigned staff member will provide a written response to the grievant.
(3) Appeal of a Grievance Resolution.
(A) A grievant may file an appeal if dissatisfied with the response. TYC will designate a staff member to provide a written response to the appeal. If the grievant is dissatisfied with the appeal response, he/she may submit an appeal to the executive director or designee.
(B) A grievant may submit a direct appeal to the executive director or designee if no written response is received within 15 work days after submitting a grievance.
(C) An appeal to the executive director or designee exhausts all administrative remedies on the issue(s) raised in the grievance.
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 August 13, 2007.
TRD-200703587
Dimitria D. Pope
Acting Executive Director
Texas Youth Commission
Earliest possible date of adoption: September 23, 2007
For further information, please call: (512) 424-6014