EMERGENCY RULESAn agency may adopt a new or amended section or repeal an 
existing section on an emergency basis if it determines that such action is 
necessary for the public health, safety, or welfare of this state. The section 
may become effective immediately upon filing with the Texas Register, or on a 
stated date less than 20 days after filing and remaining in effect no more than 
120 days. The emergency action is renewable once for no more than 60 additional 
days.
Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of bold text. [Brackets] indicate deletion of 
existing material within a section.

PART III. Texas Youth Commission
CHAPTER 88.Special Management Programs
37 TAC sec.88.5
Texas Youth Commission (TYC) adopts on an emergency basis the repeal of 
sec.88.5, concerning aggression intervention and management, Residential 
Treatment Center. This section is being repealed to allow for the emergency 
adoption of a new replacement section. 
This section is adopted on an emergency basis to allow for placement of TYC 
youth with severe psychiatric disturbance to receive treatment to control the 
dysfunction and the increased risk of serious harm caused by the youth.
The section is adopted on an emergency basis under the Human Resources Code, 
sec.61.034, which provides the Texas Youth Commission authority to make rules 
appropriate to the accomplishment of its functions.

sec.88.5.Special Management Programs.
Issued in Austin, Texas, on August 22, 1996.
TRD-9612281
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: August 23, 1996
Expiration date: December 22, 1996
For further information, please call: (512) 483-5244

37 TAC sec.88.5, sec.88.7
Texas Youth Commission (TYC) adopts on an emergency basis new sec.88.5 and 
sec.88.7, concerning the Corsicana Stabilization Unit, Corsicana Residential 
Treatment Center, and emergency mental health admission. The new rules establish 
criteria for placing and extending the stay of a TYC youth in the TYC 
stabilization unit at Corsicana. The placement is to allow for intensive 
treatment, on a temporary basis, of youth with severe psychiatric disturbance. 
These sections are adopted on an emergency basis to allow immediate movement of 
qualified TYC youth to the stabilization unit from their assigned locations. A 
youth suffering from such a dysfunction has demonstrated that because of the 
dysfunction, he or she is a serious danger to himself or others and that other 
less restrictive interventions are unavailable or are not appropriate to safely 
meet the treatment needs and to control the dysfunction. 
These sections are adopted on an emergency basis under the Human Resources Code, 
sec.61.075, which provides the Texas Youth Commission authority to order the 
child's confinement under conditions it believes best designed for the child's 
welfare and the interests of the public.

sec.88.5.Corsicana Stabilization Unit, Corsicana Residential Treatment Center.
(a) Purpose. The purpose of this rule is to establish the admission criteria and 
procedure for evaluation and specialized treatment services for psychiatrically 
disturbed TYC youth in the Corsicana Stabilization Unit and subsequent treatment 
at a different site. 
(b) Applicability. 
(1) The mental health status review due process procedures are found in 
GOP.65.09, sec.91.39 of this title (relating to Mental Health Status Review 
Hearing Procedure). 
(2) See, GOP.65.03, sec.91.33 of this title, (relating to Level II Hearing 
Procedure). 
(3) See GOP.65.01, sec.91.31 of this title (relating to Level I Hearing 
Procedure). 
(4) For emergency mental health placements, see GOP.60.07, sec.88.7 of this 
title (relating to Emergency Mental Health Admission). 
(c) Admissions. 
(1) Admission Criteria. Youth who may be admitted to the Corsicana Stabilization 
Unit at the Corsicana Residential Treatment Center are those who meet the 
following criteria. 
(A) Youth demonstrates severe dysfunction in behavior, judgment, thinking or 
mood; and 
(B) the dysfunction is the result of a current neurological deficit and/or 
emotional disturbance and/or psychiatric disorder, e.g. psychosis, major 
affective disorder, organic disorder, or anxiety disorder, and the dysfunction 
is not the result of a conduct disorder/personality disorder; and 
(C) the dysfunction presents a risk of serious harm to the youth or others; and 
(D) the Corsicana Stabilization Unit is the least-restrictive intervention 
alternative that is appropriate and available to safely meet the treatment needs 
and to control the dysfunction. 
(2) Admission Process. 
(A) Referrals. Referrals must be sent by TYC programs to the centralized 
placement unit for screening. Complete current psychiatric and psychological 
evaluations by a licensed psychiatrist and a psychologist must be included in 
order to be considered. 
(B) Emergency Placement. If an emergency exists, procedures in GOP.60.07, 
sec.88.7 of this title (relating to emergency placements) must be followed. 
Consistent with emergency criteria, staff may request of the superintendent 
immediate placement of the youth in the Corsicana Stabilization Unit. On 
admission, requirements in this policy are effective for all emergency 
admissions. 
(3) 96 Hour Admission Review Process. A mental health status review hearing 
shall be held for all youth within 96 hours of arrival at the unit. If the 96 
hour period ends on a Saturday, Sunday or Legal Holiday, the hearing must be 
held on the next regular working day. The hearing is held to determine whether 
criteria for unit admission have been met. 
(A) If the youth is deemed not to be appropriate for admission, he/she is 
returned to the referring program. 
(B) If the youth is deemed appropriate for admission, he/she is retained and 
treated in the program. 
(d) Program requirements. 
(1) The program focus will be on stabilization of the psychiatric dysfunction in 
preparation for resocialization work that will occur at a subsequent placement. 
(2) The program is housed in a self-contained unit at the TYC Corsicana 
Residential Treatment Center. 
(3) An individualized treatment program reflecting treatment goals and 
objectives shall be developed for and with each youth. 
(4) The treatment team shall review the youth's progress weekly. 
(5) By the end of 90 days from the date of the admission due process hearing, a 
youth shall be returned to the referring source unless an extension becomes 
effective at that time. 
(e) Extension of Time Beyond 90 Days to Treat the Psychiatric Dysfunction. 
(1) Extension Criteria. 
(A) Youth continues to demonstrate moderate to severe dysfunction in behavior, 
judgment, thinking or mood; and 
(B) the dysfunction is the result of a current neurological deficit and/or 
emotional disturbance and/or psychiatric disorder, e.g. psychosis, major 
affective disorder, organic disorder, or anxiety disorder, and the dysfunction 
is not the result of a conduct disorder/personality disorder; and 
(C) the dysfunction continues to present a risk of harm to the youth or others; 
and 
(D) extension is the least restrictive alternative that is appropriate and 
available to safely meet the treatment needs and to control the dysfunction. 
(2) Extension Due Process Requirements. 
(A) The due process required to determine whether extension criteria have been 
met is: 
(i) a level I hearing for all youth on parole. Parole is not revoked. 
(ii) a mental health status review hearing for all nonparole youth. 
(B) The due process hearing shall be conducted: 
(i) two weeks immediately preceding the youth's 90th day from the admission 
hearing unless the youth is being considered for transition out of the unit 
before the end of the initial 90 day stay. 
(ii) two weeks immediately preceding the youth's transition for a youth being 
considered for transition during the initial 90 day stay. 
(3) The Effect of an Extension. 
(A) Extension shall be in effect only if extension criteria are found in a due 
process hearing. 
(B) An extension granted means that the period of time, beyond the initial 90 
day stay, during which a youth may be treated for a psychiatric dysfunction 
under rules of this policy, shall be extended for up to 12 months from the date 
of the extension due process hearing. 
(C) As long as the extension is in effect the youth may be retained in the unit, 
transitioned to another placement and/or returned to the unit without further 
hearings. 
(4) Release and Transitions Options. 
(A) The treatment team shall determine by majority vote that the youth is ready 
to leave the stabilization unit. 
(B) Release options are consistent with the youth's residential placement at 
referral. 
(i) Youth residing in their homes or home substitutes on parole status at the 
time of referral to the unit, shall be transitioned to a placement having a less 
restrictive environment prior to their return home. The transition placement may 
be the Corsicana main campus program or a medium restriction placement where the 
youth will continue to receive mental health treatment. Parole status is not 
revoked by any process in this policy. 
(ii) Youth residing in any other placement at the time of referral to the unit, 
will be returned directly from the unit to the referring placement without 
transition. Exceptions to allow transition to the Corsicana main campus may be 
made by the stabilization unit treatment team but only if return is 
contraindicated. 
(C) The extension of time to treat the psychiatric dysfunction shall be 
terminated when placement is no longer needed for the primary purpose of 
treatment of the dysfunction. 
(D) Following termination, future placement decisions, including the youth's 
return to his home parole placement, are made in accordance with other 
applicable policies and procedures. 
(E) No youth may be discharged from TYC jurisdiction directly from the Corsicana 
Stabilization Unit. 
(f) Professional Reviews During the Extension Period. 
(1) A professional review shall be conducted, regardless of placement, every 30 
days following the extension due process hearing, for up to 12 months to 
determine whether extension criteria continues to be met. 
(2) The review shall be conducted in conjunction with the individual Case Plan 
(ICP) review and documented by mental health professionals in the youth's 
placement. 

sec.88.7.Emergency Mental Health Admission.
(a) Purpose. The purpose of this rule is to provide for obtaining immediate 
emergency care for psychiatrically disturbed youth. 
(b) Applicability. For placement in non-emergency situations see GOP.60.05, 
sec.88.5 of this title (relating to Corsicana Stabilization Unit - Corsicana 
Residential Treatment Center). 
(c) TYC staff may, in an emergency, place a youth who meets criteria directly in 
the Corsicana stabilization unit at Corsicana or in a psychiatric hospital. 
(d) Emergency Placement Criteria. Because of dangerous behavior due to apparent 
psychiatric disturbance, a youth may be placed in a psychiatric 
hospital/stabilization unit when necessary to prevent the youth's imminent 
serious harm to self or others. 
(e) Placement Options. 
(1) In an emergency, placement should be sought: 
(A) in the Corsicana Stabilization Unit (CSU), Corsicana Residential Treatment 
Center; or 
(B) in a private psychiatric hospital if placement in the CSU is not practical. 
(2) On admission to a private hospital, TYC staff shall seek copies of 
evaluations performed by the hospital, forward all reports to the TYC Corsicana 
Stabilization Unit, and submit referral packet to the unit as soon as possible. 
(3) An extension past seven days in a private psychiatric hospital must be 
approved by the director of rehabilitation services and director of contract 
placements. 
(4) Youth may remain in a private psychiatric hospital only until he/she is 
sufficiently stabilized to allow safe movement to the Corsicana Stabilization 
Unit as determined by the hospital physician. 
Issued in Austin, Texas, on August 22, 1996.
TRD-9612282
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: August 23, 1996
Expiration date: December 22, 1996
For further information, please call: (512) 483-5244

CHAPTER 91.Discipline and Control
Disciplinary Practices
37 TAC sec.91.10
Texas Youth Commission (TYC) adopts on an emergency basis the repeal of 
sec.91.10, concerning protective custody for treatment. The repeal removes a 
rule that is no longer relevant. 
This section is adopted on an emergency basis in order to allow the adoption of 
new rules concerning treatment of TYC youth with a psychiatric dysfunction also 
adopted on an emergency basis in this publication. 
The section is adopted on an emergency basis under the Human Resources Code, 
sec.61.034, which provides the Texas Youth Commission authority to make rules 
appropriate to the accomplishment of its functions.
sec.91.10.Protective Custody for Treatment.
Issued in Austin, Texas, on August 22, 1996.
TRD-9612280
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: August 23, 1996
Expiration date: December 22, 1996
For further information, please call: (512) 483-5244

Due Process Hearings Procedures
37 TAC sec.91.31, sec.91.33
Texas Youth Commission (TYC) adopts on an emergency basis the repeal of 
sec.91.31 and sec.91.33, concerning Level I hearing procedure and Level II 
hearing procedure. These sections are being repealed to allow for the emergency 
adoption of new replacement sections. 
These sections are adopted on an emergency basis to provide appropriate due 
process for placement of TYC youth with severe psychiatric dysfunction.
These sections are adopted on an emergency basis under the Human Resources Code, 
sec.61.034, which provides the Texas Youth Commission authority to make rules 
appropriate to the accomplishment of its functions. 
sec.91.31. Level I Hearing Procedure.
sec.91.33. Level II Hearing Procedure.
Issued in Austin, Texas, on August 22, 1996.
TRD-9612283
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: August 23, 1996
Expiration date: December 22, 1996
For further information, please call: (512) 483-5244

37 TAC sec.sec.91.31, 91.33, 91.39
Texas Youth Commission (TYC) adopts on an emergency basis new sec.sec.91.31, 
91.33, and 91.39, concerning Level I hearing procedure, Level II hearing 
procedure, and mental health status review hearing procedure. The new rules 
provide for several levels and types of administrative due process procedures to 
ensure that TYC youth are placed and/or moved appropriately within the TYC 
system. 
These sections are adopted on an emergency basis to allow for admission of TYC 
youth to the TYC stabilization unit to receive immediate treatment for a 
psychiatric dysfunction that presents a risk of harm to the youth or others. 
These sections are adopted on an emergency basis under the Human Resources Code, 
sec.61.075, which provides the Texas Youth Commission authority to order the 
child's confinement under conditions it believes best designed for the child's 
welfare and the interests of the public.  

sec.91.31.Level I Hearing Procedure.
(a) Purpose. The purpose of this rule is to establish the rules and procedure to 
be followed when the highest level of due process is afforded a youth. The level 
I hearing procedure is appropriate due process in the following instances. 
(1) parole revocation 
(2) reclassification 
(3) admission to intensive resocialization at Giddings State School 
(4) extension of time to treat a psychiatric disorder in connection with a 
Corsicana Stabilization Unit placement at the Corsicana Residential Treatment 
Center (as appropriate). 
(b) Applicability. 
(1) See GOP.65.02, sec.91.32 of this title (relating to Level I Hearing by 
Telephone) for circumstances in which the hearing may be conducted by telephone. 
(2) See GOP.63.09, sec.91.9 of this title (relating to Parole Revocation 
Consequence). 
(3) See GOP.63.07, sec.91.7 of this title (relating to Reclassification 
Consequence). 
(4) See GOP.60.03, sec.88.3 of this title (relating to Intensive Resocialization 
Program). 
(5) See GOP.60.05, sec.88.5 of this title (relating to Corsicana Stabilization 
Unit - Corsicana Residential Treatment Center). 
(c) Explanation of Terms Used. Preponderance of the evidence - a standard of 
proof meaning the greater weight and degree of credible evidence admitted at the 
hearing, e.g., whether the credible evidence makes it more likely than not that 
a particular proposition is true. 
(d) Procedure. 
(1) The hearing shall be conducted by a hearings examiner appointed by the Texas 
Youth Commission (TYC) director of legal services. The hearings examiner shall 
be impartial. 
(2) The hearing shall be conducted in two parts: fact-finding and disposition. 
(A) The purpose of the fact-finding shall be to establish whether the youth's 
behavior and/or circumstances require that action be taken. 
(B) The purpose of the disposition shall be to determine whether the action 
proposed by TYC staff is appropriate under TYC policy. 
(3) The person requesting a hearing shall appoint a staff representative to 
appear at the hearing and present the reasons for the proposed action. The staff 
representative shall also be responsible for making relevant information 
available to all parties to the hearing. 
(4) The youth shall be assisted by legal counsel at the hearing. The agency will 
arrange counsel for indigent youth. 
(5) The primary service worker shall request a hearing by completing the Level I 
Hearing Request E-form and transmitting it to the legal services department as 
soon as practical but no later than seven days, excluding weekends and holidays, 
after the alleged violation. A delay of more than seven days in scheduling the 
hearing must be justified by documentation of circumstances which made it 
impossible, impractical, or inappropriate to schedule the hearing earlier. 
(6) The date and time for the hearing shall be determined by the hearings 
examiner. 
(7) The hearing shall be held in the community where the alleged rule violation 
occurred unless, for good cause, the hearings examiner directs that it be held 
in another locale. 
(8) All necessary parties shall be present at the hearing site unless it is 
conducted pursuant to GOP.65.02, sec.91.32 of this title (relating to Level I 
Hearing by Telephone). 
(9) The staff representative shall provide the youth with written notice of the 
date and time of the hearing not less than three working days before the 
scheduled date. This notice shall include: 
(A) the reason(s) for the hearing; 
(B) the proposed action to be taken; and 
(C) the youth's rights in connection with the hearing. 
(10) The staff representative shall make reasonable efforts to inform the 
youth's parent(s) of the date, time and place of the hearing not less than three 
working days prior to the scheduled hearing date. 
(11) The staff representative shall provide counsel for the youth with written 
notice of the date, time, and place of the hearing not less than three working 
days prior to the scheduled hearing date. The notice to counsel shall also 
include: 
(A) the name, address, and telephone number of the staff representative and the 
hearings examiner; 
(B) a list of all witnesses the staff representative intends to call; 
(C) an indication of the expected testimony of each witness; 
(D) copies of any statements made by the youth; 
(E) copies of any statements, affidavits, reports, or other documentation relied 
upon as grounds for the proposed action; and 
(F) copies of any reports or summaries which will be relied upon at disposition. 
(12) Requests for continuance or postponement shall be directed to the hearings 
examiner. 
(13) If requested by counsel, the hearings examiner shall postpone the hearing 
for not more than ten days following the date upon which counsel received notice 
of the hearing. The hearings examiner may grant a postponement for good cause at 
the request of any party. 
(14) As soon as possible following receipt of the notice of hearing, and no 
later than the commencement of the hearing, counsel shall inform the staff 
representative of any witnesses he wishes to call on behalf of the youth. The 
staff representative will, if necessary, assist counsel in contacting those 
witnesses and securing their attendance at the hearing. 
(15) The staff representative shall provide counsel for the youth with 
reasonable access to all information concerning the youth which is held by TYC. 
Counsel for the youth will respect the confidential nature of such information 
and will comply with reasonable requests to withhold sensitive information from 
the youth or his family. 
(16) Prior to the hearing, the hearings examiner may review copies of any 
documentation previously provided to counsel except for those documents which 
relate solely to dispositional criteria. Such information shall be made 
available to the hearings examiner only if the hearing proceeds to disposition. 
(17) If necessary, the hearings examiner may direct that a subpoena be issued to 
compel the attendance of a witness at the hearing or the production of books, 
records, papers, or other objects. 
(A) Motions for subpoenas shall be addressed to the hearings examiner and shall 
state the name and address of the witness or specify the books, records, papers, 
or other objects desired and the material and relevant facts to be proved by 
them. If the matter of testimony sought is relevant, material, and necessary and 
will not result in harassment or undue inconvenience or expense, the hearing 
examiner shall direct the issuance of a subpoena. 
(B) Subpoenas shall be issued only after a showing of good cause and deposit of 
sums sufficient to insure payment of expenses incident to the subpoenas. Payment 
of witness fees shall be in the manner prescribed in the Administrative 
Procedure and Texas Register Act (Texas Civil Statutes Article 6252-13a, 
sec.14). 
(18) A victim who appears as a witness should be provided a waiting area which 
eliminates or minimizes contact between the victim and the youth, the youth's 
family, or witnesses on behalf of the youth. 
(19) To protect the confidential nature of the hearing, persons other than the 
youth, counsel for the youth, the staff representative, and the youth's 
parent(s) may be excluded from the hearing room at the discretion of the 
hearings examiner, however: 
(A) Observers may be permitted with the consent of the youth. 
(B) Any person except the youth's and his counsel may be excluded from the 
hearing room if their presence causes undue disruption or delay of the hearing. 
The reason(s) for the youth's exclusion are stated on the record. 
(20) The hearing shall be tape recorded and the hearings examiner shall retain 
copies of all documents admitted into evidence. Physical evidence may be 
retained at the discretion of the hearings examiner; if not retained, an 
adequate description of the item(s) shall be entered in the record by oral 
stipulation. 
(21) Factual issues not in dispute may be stipulated to by the staff 
representative and counsel for the youth. Such stipulations shall be made on the 
record of the hearing. 
(22) A youth accused of misconduct shall be given the opportunity to respond 
"true" or "not true" to each allegation of such conduct prior to any evidence 
being heard on such allegations. 
(A) The youth shall have a right to respond "not true" to any such allegation 
and require that proof of the allegation be presented at the hearing. 
(B) A response of "true" to any such allegation shall be sufficient to establish 
each and every element necessary to proof of that allegation without the 
presentation of any other evidence. 
(23) All witnesses shall take an oath to testify truthfully. 
(24) With the exception of the youth, any person designated as a witness may be 
excluded from the hearing room during the testimony of other witnesses and may 
be instructed to refrain from discussing their testimony with anyone until all 
the witnesses have been dismissed. 
(25) The hearings examiner may question each witness at his discretion. Counsel 
for the youth and the staff representative shall be given an opportunity to 
question each witness. 
(26) The hearings examiner may permit a witness to testify outside the presence 
of the youth if such appears reasonable and necessary to secure the testimony of 
the witness. If the youth is excluded from the hearing room during testimony, 
counsel for the youth shall be present during the testimony and shall have the 
opportunity to review the testimony with the youth before questioning the 
witness. 
(27) The youth shall not be called as a witness unless, after consulting with 
counsel, he or she waives his right to remain silent on the record. 
(A) The youth's failure to testify shall not create a presumption against him. 
(B) A youth who waives his right to remain silent may only be questioned 
concerning those issues addressed by his testimony. 
(28) All factual issues shall be determined by a preponderance of the evidence. 
(29) The hearings examiner shall determine the admissibility of evidence. 
Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. 
(30) The rules of evidence will generally be those applicable to civil nonjury 
trials in the district courts of Texas. Unless specifically precluded by 
statute, evidence not admissible under those rules may be admitted if it is of a 
type commonly relied upon by reasonably prudent men in the conduct of their 
affairs. 
(31) Copies of due process hearing documents received through the interstate 
compact administrator or document(s) admitted for purposes of classifying a 
youth need not be certified if such document(s) are part of the youth's 
record(s). 
(32) Accomplice testimony is sufficient to prove an allegation if it is 
corroborated by other evidence tending to connect the youth with the alleged 
violation. The corroboration is not sufficient if it merely shows the commission 
of the violation alleged. If two accomplices testify, the testimony of each can 
serve to corroborate the other. 
(33) Legally recognized privileges of relationships will be given effect. 
(34) Evidence otherwise admissible may be received in written form if so doing 
will expedite the hearing and will not significantly prejudice the rights or 
interests of the youth. 
(35) A youth's written statement concerning his possible involvement in illegal 
activities is admissible if it is signed by the youth and accompanied by 
evidence indicating that the youth made the statement voluntarily after being 
advised of: 
(A) his right to remain silent; 
(B) the possible consequences of giving the statement; 
(C) his right to consult with an attorney prior to giving the statement; and 
(D) his right to have an attorney provided for him if he is indigent. 
(36) A youth's oral statement is admissible only if it relates facts which are 
found to be true and which tend to establish the youth's involvement in illegal 
activities. 
(37) The hearings examiner shall rule immediately on any motions or objections 
made in the course of the hearing. All such motions, objections, and rulings 
shall be included in the hearings examiner's written report.
(38) The hearings examiner may, for good cause, recess or continue the hearing 
for such period(s) of time as may be necessary to insure an informed and 
accurate fact-finding. 
(39) Following the presentation of all evidence pertaining to the factual issues 
raised at the hearing, the hearings examiner shall announce his findings as to 
those issues. 
(A) When the fact-finding concerns an allegation of criminal conduct, the 
hearings examiner may find that the evidence suffices to prove an offense other 
than that originally alleged and enter the appropriate allegation in the record 
if the original allegation gave sufficient notice of the offense proved. 
(B) Irrespective of the evidence, the hearings examiner may not find a criminal 
offense more serious than that originally alleged unless the original allegation 
has been amended on the record and after notice to counsel for the youth. 
(C) If the hearings examiner's findings require that disposition be made, the 
hearing shall proceed to disposition; if not, the hearing shall be adjourned 
with no change in the youth's status. 
(40) The hearings examiner may receive additional evidence for purposes of 
disposition. The evidence received at disposition may be in the form of 
testimony from witnesses submitted during fact finding or at disposition, as 
well as written reports offered by youth, staff, professionals, counselors or 
consultants. All written reports offered shall be provided to the parties three 
(3) days prior to the hearing unless otherwise waived. 
(41) Following announcement of the decision as to disposition, the hearings 
examiner shall inform the youth of his right to appeal any or all findings and 
decision made at the hearing. 
(42) Immediately following the close of the hearing, the hearings examiner shall 
give youth a copy of the Hearing Examiner's Report of a Level I Hearing, CCF-
160. 
(43) A notice of appeal or request for a rehearing shall not suspend 
implementation of the hearings examiner's decision(s), which shall be effective 
when announced at the hearing. 
(44) As soon as possible following the conclusion of the hearing, the hearings 
examiner shall prepare a written report which shall include: 
(A) a summary of the evidence presented; 
(B) findings of fact, including the reliability of the evidence and the 
credibility of the witnesses, and the reasons for those findings; 
(C) conclusions of law; 
(D) an explanation of the dispositional decision; and 
(E) rulings made on motions and objections and the reasons therefor. 
(45) Copies of the hearings examiner's report shall be provided to counsel for 
the youth and the staff representative. 
(46) An edited copy of the hearings examiner's report is given to the youth. 

sec.91.33Level II Hearing Procedure.
(a) Purpose. The purpose of this rule is to establish the rules and procedure to 
be followed when the second highest level of due process is afforded a youth. 
The level II hearing procedure is appropriate due process in the following 
instances. 
(1) disciplinary transfer 
(2) disciplinary extension in length of stay 
(3) admission of youth in Giddings State School to intensive resocialization 
program 
(4) admission to special management and treatment program for assaultive youth 
(5) movement to a transitional placement (if requested by youth) 
(6) with a few exceptions in procedure: 
(A) admission to Corsicana Residential Treatment Center, Corsicana Stabilization 
Unit 
(B) extension of time to treat a psychiatric disorder in connection with a 
Corsicana Stabilization Unit placement at the Corsicana Residential Treatment 
Center (as appropriate). 
(C) admission of youth at Corsicana Residential Treatment Center main campus to 
the Acute Care Unit. 
(b) Applicability. 
(1) For the highest level of due process, see GOP.65.01, sec.91.31 of this title 
(relating to Level I Hearing Procedure). 
(2) See GOP.63.11, sec.91.11 of this title (relating to Disciplinary 
Transfer/Assigned Minimum Length of Stay Consequence). 
(3) See GOP.60.03, sec.88.3 of this title (relating to Intensive Resocialization 
Program). 
(4) See GOP.60.01, sec.88.1 of this title (relating to Special Management and 
Treatment Program for Assaultive Youth). 
(5) See GOP.60.05, sec.88.5 of this title (relating to Corsicana Stabilization 
Unit - Corsicana Residential Treatment Center). 
(6) For exceptions in procedures used for admission to Corsicana Residential 
Treatment Center, Corsicana Stabilization Unit and extension of time to treat 
the psychiatric disorder, see GOP.65.09, sec.91.39 of this title (relating to 
Mental Health Status Review Hearing Procedure). 
(c) Explanation of Terms Used. Preponderance of the evidence - a standard of 
proof meaning the greater weight and degree of credible evidence admitted at the 
hearing, e.g., whether the credible evidence makes it more likely than not that 
a particular proposition is true. 
(d) Procedure. 
(1) The primary service worker shall request permission to schedule a hearing 
from the appropriate supervisor, institutional superintendent, halfway house 
superintendent, parole supervisor, or quality assurance administrators.
The hearing must be scheduled as soon as practical but not later than seven 
days, excluding weekends and holidays, after the alleged violation. A delay of 
more than seven days in scheduling the hearing must be justified by 
documentation of circumstances which made it impossible, impractical, or 
inappropriate to schedule the hearing earlier. 
(2) The appropriate supervisor, institutional superintendent, halfway house 
superintendent, parole supervisor, or quality assurance administrators will 
appoint an impartial staff member to act as hearing manager. 
(3) The hearing manager shall be a Texas Youth Commission (TYC) staff member who 
is trained to function as a hearing manager and has not previously participated 
in a level II hearing for the youth. 
(A) If the youth is currently assigned to an institution, the hearing manager 
shall be someone not directly responsible for supervising the youth. 
(B) If the youth is currently assigned to a halfway house, the hearing manager 
shall not be a member of the halfway house staff. 
(C) If the youth is currently assigned to a contract program, the hearing 
manager shall not be the TYC case manager assigned to that program. 
(D) If the youth is currently assigned to his or her home, the hearing manager 
shall not be the parole officer assigned to the youth's case. 
(4) The youth's primary service worker shall be responsible for assembling all 
evidence and giving all notices required for the hearing. 
(5) The youth shall be given written notice of his rights not less than 24 hours 
prior to the hearing. The youth's rights are: 
(A) the right to remain silent; 
(B) the right to be assisted by an advocate at the hearing; 
(C) the right to confront and cross-examine adverse witnesses who testify at the 
hearing; 
(D) the right to contest adverse evidence admitted at the hearing; 
(E) the right to call readily available witnesses and present readily available 
evidence on his own behalf at the hearing; and 
(F) the right to appeal from the results of the hearing. 
(6) The youth and the youth's advocate shall be given written notice of the 
reasons for calling the hearing, the proposed action to be taken, and the 
evidence to be relied upon not less than 24 hours prior to the hearing. After 
receipt of the written notice and consultation with the advocate, the youth may 
waive the 24-hour notice period by agreeing, in writing, to an earlier hearing 
time. 
(7) Reasonable efforts shall be made to notify the youth's parent(s) of the time 
and place of the hearing not less than 24 hours prior to the hearing. 
(8) The hearing shall consist of two parts: fact-finding and disposition, and 
shall be held where the youth resides unless the hearing manager determines that 
some other site is more appropriate. 
(9) The youth shall be assisted by an informed and responsible advocate 
appointed by the hearing manager. Whenever practical, the advocate shall be a 
person chosen by the youth. 
(10) The hearing shall be tape recorded and the recording shall be the official 
record of the hearing. Tape recording shall be preserved for six months 
following the hearing. 
(11) The youth shall be present during the hearing unless he waives his presence 
or his behavior prevents the hearing from proceeding in an orderly and 
expeditious fashion. 
(A) A waiver of the youth's presence shall be in writing and signed by the youth 
and his advocate. If the youth does not sign the waiver for any reason, his 
presence is not waived. 
(B) If the youth waives his presence, the hearing may be conducted by 
teleconference. 
(C) If a youth is excluded for behavioral reasons, those reasons shall be 
documented in the hearing record. 
(12) A victim who appears as a witness should be provided a waiting area where 
he is not likely to come in contact with the youth except during the hearing. 
(13) Witnesses shall take an oath prior to testifying. 
(14) The hearing manager, primary service worker, and advocate may question each 
witness in turn. The primary service worker and advocate may offer summation 
statements. 
(15) To protect the confidential nature of the hearing, persons other than the 
youth, the youth's advocate, staff representative, and the youth's parent(s) may 
be excluded from the hearing room at the discretion of the hearings manager, 
however any person except the youth's advocate may be excluded from the hearing 
room if their presence causes undue disruption or delay of the hearing. The 
reason(s) for the exclusions are stated on the record. 
(16) With the exception of the youth, any person designated as a witness may be 
excluded from the hearing room during the testimony of other witnesses and may 
be instructed to refrain from discussing their testimony with anyone until all 
the witnesses have been dismissed. 
(17) The hearings manager may permit a witness to testify outside the presence 
of the youth if such appears reasonable and necessary to secure the testimony of 
the witness. If the youth is excluded from the hearing room during testimony, 
the advocate for the youth shall be present during the testimony and shall have 
the opportunity to review the testimony with the youth before questioning the 
witness. 
(18) The youth shall not be called as a witness unless, after consulting with 
the advocate, he or she waives his right to remain silent on the record. 
(A) The youth's failure to testify shall not create a presumption against him. 
(B) A youth who waives his right to remain silent may only be questioned 
concerning those issues addressed by his testimony. 
(19) All credible evidence may be considered, irrespective of its form. 
(20) The standard of proof for all disputed issues is a preponderance of the 
evidence. 
(21) The hearings manager may, for good cause, recess or continue the hearing 
for such period(s) of time as may be necessary to insure an informed and 
accurate fact-finding. 
(22) After announcing his findings of fact, the hearing manager shall proceed to 
disposition to determine whether the action proposed by staff is appropriate 
under TYC policy. 
(A) A hearing manager's decision that a youth be transferred is final. 
(B) A hearing manager's decision to assign a minimum length of stay (with or 
without a transfer) is final subject to approval by the executive director or 
designee. If, subsequent to the assignment of a minimum length of stay, the 
executive director disapproves the assignment, neither the assignment nor a 
transfer may then occur. 
(23) The hearing manager shall prepare the Hearing Manager's Report of a Level 
II Hearing, CCF-170 of his findings which includes grounds for the hearing and 
evidence relied upon and the decision. 
(24) The youth is informed of his/her right to appeal to the executive director. 
The pendency of an appeal shall not preclude implementation of the hearing 
manager's dispositional decision. 
(25) A copy of the report (CCF-170), is given to the youth immediately following 
the close of the hearing.

sec.91.39.Mental Health Status Review Hearing Procedure.
(a) Purpose. The purpose of this rule is to establish the rules and procedure to 
be followed when the mental health status of a youth must be evaluated by 
professionals in order to provide appropriate care. A mental health status 
review hearing is the appropriate due process for reviewing the mental health 
status and which may result in one of the following types of actions. 
(1) admission into the Corsicana Stabilization Unit at the Corsicana Residential 
Treatment Center. 
(2) extension of time to treat the psychiatric disorder. 
(3) admission of youth at Corsicana Residential Treatment Center main campus to 
the Acute Care Unit. 
(b) Applicability. 
(1) Criteria for admission to the Corsicana Stabilization Unit, see GOP.60.05, 
sec.88.5 of this title (relating to Corsicana Stabilization Unit - Corsicana 
Residential Treatment Center). 
(2) For the Level II due process hearing procedures see, GOP.65.03, sec.91.33 of 
this title, (relating to Level II Hearing Procedure). 
(c) A mental health status review hearing is a level II hearing with several 
procedural exceptions. Conduct of a mental health status review hearing shall be 
consistent with that of a level II due process hearing, GOP.65.03, sec.91.33 of 
this title, (relating to Level II Hearing Procedure with the exceptions herein). 
(d) Procedure. 
(1) Decision Makers. 
(A) The facility administrator of the Corsicana Residential Treatment Center 
(CRTC) will appoint a three person panel to conduct the review hearing. The 
panel shall be composed of a psychiatrist, a non-physician mental health 
professional and a member of the facility's management team, none of whom have 
direct or primary responsibility in the youth's current treatment or diagnosis. 
(B) The panel will be chaired by the facility's management team member. This 
member must have been trained to conduct the hearing. Authority and 
responsibility assigned to a hearings manager shall be interpreted as the 
chairperson of the panel in a mental health status review hearing. 
(2) Single Function Hearing. A mental health status review hearing shall consist 
of a single function, to consider the facts presented relative to the criteria 
established. 
(3) Location. All mental health status review hearings will be conducted at the 
Corsicana Residential Treatment Center and are the responsibility of the 
Corsicana staff. 
(4) Advocate. The youth's advocate is appointed by the facility administrator 
and must be competent to address mental health issues to be raised at the 
hearing. 
(5) Teleconference. The hearing shall not be conducted by teleconference. 
(6) Exclusion from the Hearing. To protect the confidential nature of the 
hearing, persons other than the youth, the youth's advocate, staff 
representative, and the youth's parent(s) may be excluded from the hearing room 
at the discretion of the chairperson; however, any person except the youth's 
advocate may be excluded from the hearing room if their presence causes undue 
disruption or delay of the hearing or when hearing matters being discussed are 
of a very sensitive nature. The reason(s) for the exclusions are stated on the 
record. 
(7) Panel Decision. 
(A) Following the presentation of evidence, the panel may meet outside the 
presence of the youth to discuss matters presented. The panel shall decide 
whether the appropriate criteria have been established. The decision of the 
panel shall be by majority vote, as long as the psychiatrist is in the majority. 
(B) The chairperson will re-convene the hearing and announce the panel's 
decision. 
(C) The youth shall be informed of his/her right to appeal to the executive 
director. The pendency of an appeal shall not preclude implementation of the 
decision. 
(8) Reporting. A report must be completed within ten working days following the 
hearing that includes the panel's findings and explanation of the rationale for 
the findings. 
Issued in Austin, Texas, on August 22, 1996.
TRD-9612284
Steve Robinson
Executive Director
Texas Youth Commission
Effective date: August 23, 1996
Expiration date: December 22, 1996
For further information, please call: (512) 483-5244