Part Ui. Texas Youth Commission

PART UI. TEXAS YOUTH COMMISSION

Chapter No. Chapter Name Section 81. GENERAL PROVISIONS 81.1 83. APPEALS TO THE EXECUTIVE DIRECTOR 83.1 85. PRACTICE AND PROCEDURE 85.1 86. HEALTH SERVICES INSTITUTIONS 86.125 87. RECEPTION AND REGIONAL RECEIVING CENTERS 87.! 89. INSTITUTIONAL SERVICES FOR CHILDREN COMMITTED FOR DELINQUENT BEHAVIOR 89.21 91. CORSICANA RESIDENTIAL TREATMENT CENTER 91.1 93. VOLUNTEER SERVICES 93.1 95. RESIDENTIAL CONTRACT SERVICE . ., 95.1 97. PAROLE SERVICES 97.1 99. HALFWAY HOUSE PROGRAM 99.1 101. INTERSTATE COMPACT ON JUVENILES lOLl 103. STUDENT REMEDIES 103.1 Anthorit}-: The provisions ofthis Pan 111 issued under Aas 1957. 55th Leg., p. 660. ch. 281, erfective August 22, 1957. as amended (Texas Civ. St. art. 5143d).

247 248 Capy-righi fr HiSSS>0'eofTe.vasondHonhformaJiO« Svnems. Inc CHAPTER 81. GENERAL PROVISIONS

Section No. Section Name

GENERAL POLICY STATEMENT 81.1. Responsibility.

STUDENT'S RIGHTS 81.11. Siudent Rights.

CHILD CARE STANDARDS 81.21. Introduction. 81.22. Skills-Based Treatment Program. 81.23. Individualized Program Plans. i 81.24. Orientation. 81.25. Student Grievance and Appeal Syslern. 81.26. Academic Administration. 81.27. Academic Education. 81.28. Career Development. 81.29. Physical Education. 81.30. Counseling. 81.31. Recreation. 81.32. Daily Living. 81.33. Personal Hygiene. 81.34. Daily Living Records. 81.35. Family Involvement. 81.36. Community Involvement. 81.37. Discipline. 81.38. Facility Security. 81.39. Security Program. 81.40. Moral Values and Religious Worship. 81.41. Nutrition. 81.42. Clolhing. 81.43. Shelter. 81.44. Medical and Demal Services. 81.45. Student Representation.

USE OF JUVENILE DETENTION FACILITIES 81.81. Ihrough 81.88. [RESERVED]

ADMISSION TO THE AGENCY 81.102. Acceptance of Fedei^al Offenders.

CASE MANAGEMENT SYSTEM FOR DELINQUENT YOUTH 81.111. Purpose. 81.112. Definitions. 81.113. Criteria. 81.114. Program .Assignment. 81.115. Transfer. 81.116. Reclassification. 81.117. Disposition upon Return from Escape or Atiempted Escape 81.118. Furloughs. 81.119. Parole Release. 81.120. Parole Revocation. 81.121. Discharge. 81.122. Ihrough 81 .128. [RESERVED] 81.129. Placement of Students in Homes of Staff. CASE MANAGEMENT SYSTEM FOR DEPENDENT AND NEGLECTED YOUT 81.141. Purpose. 81.142. Definition of "Dependent and Neglected Child." 81.143. Program Assignment. 81.144. Admission/Orientation. Revision No. 1 249 TEXAS YOUTH COMMISSION Pt. Ill

81.145. Transfer Pollcv. SL146. Home Visits—Policy. 81.147. Discharge. RELATIONSHIPS WITH OTHER AGENCIES 81.171. Commitment lo Mental Health Facilities. 81.172. CommJtmeni to Vernon Drug Treatment Center. 81.173. Refenal ofthe Mentally Retarded Delinquent to MH/MR. CONTROL OF YOUTH 81.191. Escapes. 81.192. Use of Restraints. 81.193. Search. 81.194. Rules of Conduct. 81.195. Student's Use of the Telephone. 81.197. Community Detention. 81.198. Dress Code. RECORDS AND REPORTS 81.221. Incident Reporting 81.222. Death of a Student. 81-223. Access to Student Records. 81.224. Control of Identifying Information. 81.225. Student Records—Location and Security. 81.251. Transfer Hearings. 81.267. Special Precaution Students. SUPPORT SERVICES 81.301. Agency Name on Vehicles.

Revision No. 1 250 Copynghte I9S6 state ofTexas and Han information systems, inc. Ch. 81 GENERAL PROVISIONS 37 § 81.11.

GENERAL POLICY STATEMENT

§81.1. Responsibilit>\ The following are the agency's major duties and functions: (1) to carry on a continuing study ofthe problem of juvenile delinquency in this state and to focus public attention on sfwcial solutions to this problem; (2) to coof)erate with all existing agencies, and to encourage the establishment of new agencies, both local and statewide, if their object is services to delinquent and predelinquent youth ofthis state; (3) to assist local authorities of any county or municipality when requested by the governing body thereof in developing, strengthening, and coordinating educational, welfare, health, recreational, or law enforcement programs which have as their object the prevention of juvenile delinquency and crime; (4) to administer the diagnostic treatment, training, and supervisory facilities and services of the state for delinquent children committed to the state, and manage and direct all institutions and facilities under its jurisdiciion; and (5) to assist local communities by providing services and funding for programs for the predelinquent and delinquent through contracts with local public and private nonprofit entities which volunteer for such assistance when funds are available for this purpose.

Aothority: The provisions ofthis §81.1 issued under Acts 1979, 66th Leg., ch. 842, effective September 10, 1979 (Texas Human Resources Code ch. 61).

Source: The provisions ofthis §81.1 adopted to be effective Januar\' I, 1976; amended to be effective June 24, 1980, 5 TexReg 2273.

Cross References: This section cited in 37 TAC §81.193 (relating to Search), 37 TAC §99.21 (relating to Student's Rights), and 37 TAC§103.1 (relating to Policy).

STUDENTS RIGHTS

§81.11. Student Rights. Each youth committed to the care and custody of TYC shall be accorded certain basic rights. If a student feels that TYC, in the administration of its programs, has violated one or more of his basic rights, or in some way has treated him unfairly, abusively, or neglectfully, he may initiate action to remedy his situation and may expect staff assistance in doing so. The basic rights accorded each TYC student are not absolute, but may be limited to the extent reasonably necessary for TYC to discharge its statutory responsibilities with respect to public protection, treatment, and care and supervision. (1) Equal treatment. (A) Right. Students have the right not to be discriminated against because of race. sex. language, national origin, physical or other handicaps, religion, or personal opinions. (B) Discussion. The law requires that all citizens be treated equally, and noi discriminated against because of their status. This does not mean thai programmatic decisions cannot be made based on ihe particular needs of the individual. (2) Free speech and expression. (.A) Right. Students have ihe right to express themselves freely, so long as their expressions do not interfere with the safe and orderly operation of the program, or except where totally free expression would be inappropriate due to the unique vulnerability of children to improper influences. (B) Discussion. (i) Foreign languages. Spanish-speaking students should be allowed to speak their own language at any occasion where English is allowed, except during classroom discussion, organized activities such as group, or in answer to a staff member who does not understand Spanish. (ii) Symbolic expression. This relates to nonverbal expression, such as the display of posters, wearing of slogans, mottoes, or emblems on clothing. Such nonverbal expressions are permissible so long as they do not advocate illegal or immoral conduct, hold individuals or groups up to ridicule, or reinforce delinquent subcultural values, (iii) Criticism. As TYC has recognized through its student remedies system, students have the right to engage in responsible criticism of agency policies or practices. Students do not have the right lo engage in personal abuse of others, disrupt program activities, or incite others to do so. (3) Religious freedom. (A) Right. Students have the right to participate in religious activities of their choice, subject lo the availability of such activities. The Texas Youth Council shall not compel students to participate in any religious activity.

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(B) Discussion. TYC will make reasonable elTorts to provide religious activities consistent with the religious beliefs and preferences of its students. (4) Personal possessions. (A) Right. Students have the right to keep and use personal possessions so long as these possessions do not endanger the safely of statT and students, disrupt programs and activities, encourage delinquent subcultural values, or appeal to the unique vulnerability of children to improper influences. (B) Discussion. (i) Contraband. Contraband includes: (I) anything whose possession is a crime under municipal ordinances or state or federal law, including solvent inhalants, drugs, and alcohol; (II) narcotics paraphernalia". (III) items which can be used, made, or adapted to use as weapons; (IV) pictures which depict sexually explicit male or female nudily or sexual acls, including magazines or periodicals which routinely publish such pictures; and (V) items such as pwsiers which convey prohibited expressions. See paragraph (2) of this seciion. (ii) Searches. Routine searches to detect contraband within a residential program may be conducted without probable cause, so long as the search is conducted at a reasonable time and in a reasonable manner. The presence ofthe student whose properly is being searched is preferable when routine searches are conducted. However, contraband which is in plain view may be confiscated at any lime. Strip searches may be conducted when a student arrives at a residential program following initial commitment, an unauthorized absence, or transfer lo a more secure facility. Students may otherwise be slrip-searched only when there is probable cause to believe Ihe student is in possession of contraband. Slrip searches shall be conducted by staff members ofthe same sex as the student being searched, in a manner which causes a minimum of embarrassment to the student. Body cavity searches are permissible only on probable cause, and must be conducted by medical personnel. (iii) Seizures and disposition of seized contraband. Seized coniraband which consists of property which is prohibited by law must promptly be either turned over to law enforcement authorities or destroyed in the presence of at least two staff members, with documentation of the disposition placed in the student's file. Seized coniraband consisting of sexually explicit pictures, narcotics paraphernalia, or items which advocate delinquent subcultural values shall be either destroyed or forwarded to the student's parent or managing conservator when the properly is seized, al the student's option. Other items seized may be returned to the student upon release from the residential program. (iv) Student locks. Students may keep locks on their personal lockers, suitcases, etc., only if staff membei:s have a key or combination to the lock. (v) Restricted items. Stereos, radios, TVs, musical instruments, bicycles, and other large, expensive, or poientially disruptive items may be restricted based on considerations of facihty safety (space limitation, fire hazards) or order (liability for loss or destruction, cost of return transportation, disturbance to other residents). (5) Visitors. (A) Right. Students have the right to receive visitors, limited only by considerations of facility security' and order. Students have a corresponding right to refuse to receive visitors. (B) Discussion. Residential programs may place reasonable restriciions on the number of visitors and time and place of visits as necessarv' to ensure ihe safe and orderly operation ofthe program. Limitations on the right to receive visitors shall not be imposed for disciplinary reasons. Visitors may be searched for contraband only where probable cause exists to suspect the presence of coniraband, and only to the extent necessary to assure that no contraband is present. Visitors who are disorderly, intoxicated, or create disturbances may be prohibited from visiting or asked to leave the premises. (6) Mail and telephone: right. Students have the right lo correspond freely ihrough the mail. Staff may not read incoming or outgoing mail, but may open mail in the student's presence lo inspect it for contraband. Students will be provided access lo telephones to the extern possible within physical plant limitations, with equal opportunities for telephone use being provided to all residents within a facility. Students will have access to a telephone in the event of an emergency. The Youth Council does not have a responsibility to pay for incoming or outgoing long distance calls, except in an emergency. (7) Earnings and monetary gifts. (A) Right. The Youth Council may limii the amount of money in a student's personal possession, but may not withdraw money from a (rust fund without the student's consent. (B) Discussion. When students damage or destroy property belonging to the state, other students, or staff, it is tempting to make restitution by withdrawing money from the student's trust fund. However, only the student can withdraw money from the trust fund: for anyone else to do so without the student's consent

Revision No.l 252 CopynghtO 1986 State of Texas and Han Informaaon systems. Inc. Ch. 81 GENERAL PROVISIONS 37 § 81.11.

constitutes theft. If a student consents to pay for damage which he has caused to property, he may do so, but he cannot be forced to do so. A student may be required to perform work restitution by doing work reasonably comparable in value to the damage caused by the student's conduct. (8) Protection from physical and psychological harm. (A) Right. Students have the right to be protected from physical and psychological harm. They have the right to adequate food, clothing, and shelter, and shall not be deprived of food or sleep in the interests of ireatment of discipline. Students shall not be administered tranquilizers and other drugs in the interest of discipline or order. Repetitive purposeless, degrading makework is prohibited. Corporal punishment is prohibited. (B) Discussion. Everv^ TYC staff member has an affirmative obligation to lake ever>' reasonable precaution to protect students from harm. This obligation may lake many forms, from ensuring adequate coverage on the dorm to providing a qualified lifeguard at poolside. Some children will sufier injury: that is an inevitable part of growing up. The agency's obligation is to ensure that it does nothing which contributes to or causes such injury. (9) Medical and dental care. (A) Right. Students have the right lo basic and necessary medical and dental care, both routine and emergency. (B) Discussion. Students have the right to receive prompt treatment of their legitimate medical and dental needs. (10) Access lo attorneys. (.A) Right. Students have the right to confer with iheir attorneys in privacy, with appropriate restrictions on the time and place of meelings except in legitimate emergencies. (B) Discussion. The principal difference between attorneys and other visitors is the student's right to confer in absolute privacy with the attorney. Thus, it is permissible to require visitors who assert that they are attorneys to produce some evidence ofthe fact, such as a state bar membership card. (11) Right to be infornwd. (A) Right. Students have the right to be informed of all rights, policies, procedures, and rules.affecting them as TYC students and as panicipanls in specific TYC programs. (B) Discussion. A basic principle of law holds that it is unfair to punish a person for conduct which the person did not know was prohibited. Of course, the law presumes that everyone knows that certain conduct is prohibited—that it is wrong lo hit anoiher person or lake someone's property, for example. Within TYC programs there are many rules which a student cannot be expected to know without being told: when and where smoking is permitted, what to do with dirty clothes, levels systems, behavior in group, criteria for placement in security, eligibility for release. Students have a right to be informed of all the "rules ofthe game" by which they will be affected. (12) .-iccuracy and fairness in decision making. (A) Right. Students have the right to expect accuracy and fairness in all decisions made concerning ihem. The degree of procedural protection afforded a student shall be consistent with the requirements of due process of law. (B) Discussion. Students have the right to be free from decisions which are merely arbitrary' or based on an erroneous idea of the facts. The more a decision affects a student's rights, the greater the degree of safeguards which are required to ensure that the decisions were made fairly, based on accurate facts. (13) Confidentiality of records. (.A) Right. Students have the right to expect that their records will not be released to anyone other than: (i) the staffand professional consultants ofthe Youth Council; (ii) the judge, probation ofTicers, and professional staff or consultants ofthe juvenile court; (iii) an attorney for the student: or (iv) with leave of the juvenile court or any other person, agency, or institution having a legitimate interest in the work ofthe Texas Youth Council. (B) Discussion. Confidentiality of records is an important concept In juveuile law. Any information which could directly or indirectly identify an individual as a TYC student should be disclosed only to authorized persons or agencies.

Revision No.l 253 37 §81.11. TEXAS YOUTH COMMISSION Pt. Ill

(14) Right to express grievance.^ and appeal decisions.- riglii. Students have the right to have access to a method of resolving grievances which is prompt and fair without fear of reprisal. Students have the right lo appeal lo the executive director from any decision made regarding them. Authority: The provisionsof this §81.11 issued under Acts 1979, 66ih Leg..ch. 842, effective September 10. 1979 (Texas Human Resources Code fh. bl).

Source: The provisions ofthis §81.11 adopted to be etTcctive Januarv 1, 1976: amended to be effective June 24, 1980, 5 Te.tReg 2273.

Cross References: This seciion cited in 37 TAC 681.193 (relating lo Search); 37 T.AC §95.173 (relating to Legal and Civil Rights); 37 T.AC "JS.221 (relating lo Student Rights): 37 TAC §99.21 (relating to Student's Rights); and 37 T.AC §103.1 (relating to Policy).

CHILD CARE STANDARDS

§81.21. Introduction. (a) In order to ensure qualiiy child care, the Texas Youih Commission requires its facilities to meet program standards. These standards have been developed in accordance with those promulgated by national correctional organizations. (b) The following child care standards replace previously published child care program requirements. The standards require written pohcy and procedure to be delineated in the institution, reception center, or half«'ay house manuals. Monitonng visiis will concern the facility's compliance with these standards. .Any emergency exception to compliance must be approved by the assistant executive director for child care.

Source: The provisions of ihis §81.21 adopted to beetfcciive January- 5.1984. 9 TcxRcg 5425.

§81.22. Skills-Based Treatment Program. (a) Standard. The Texas Youth Commission treatment program provides its students wiih basic academic, career development, and interpersonal skills. (b) Program requirements. (1) Residential facilities. (A) Direct child care staff receive training in Interpersonal skills. (Person responsible; director personnel and staff development.) (B) Skills modules for student instruction are developed bv the Child Care Division. (Person responsible: chief of educational services.) (2) Institutions. (.A) Basic skills are delivered to students in the academic program. (Person responsible: academic staff.) (B) Students are assisted in daily application of basic skills. (Person responsible: program staff.) (C) Student progress is reinforced and documented in the individual program plan (IPP) review and update and shared with program stalT fPerson responsible; caseworker.) (D) Students use interpersonal skills in the group process. (Person responsible: group leader.) (3) Halfway houses. (A) Deliver*' of academic and career development skills coordinated with community resourses. (Person responsible: superintendent.) (B) Interpersonal skills are delivered through the group process. (Person responsible: group leader.) (C) Students arc assisted in daily application of skills. (Person responsible: group leader.) (D) Student progress is reinforced and documented in the IPP review and update. (Person responsible: group leader.) Source: The provisions of this §iiil.22 adopted to be effeciive Januarv' 5. 1984, 8 TexReg 5425,

§81.23. Individualized Program Plans. (a) Standard. The Texas Youth Commission uses an individualized program plan (IPP) to identify specific needs, interests, and achievements of students. (b) Program requirements. {1) Referring site: reception center, institution.'!, halfway houses, parole. (.\) -A program plan information form (PPIF) is completed at the referring site. (Person responsible: caseworker, parole officer.) (B) The PPJF assesses students' academic, vocational, and personal needs. (Person responsible: caseworker.) (2) Receiving site: institutions, halfway houses, parole.

Revision No.l 254 Copyright e I9S6 State o/Trxas and Han information .systems. In..: Ch. 81 GENERAL PROVISIONS 37 § 81.25.

(A) An IPP is developed within 30 days of admission for and with the student. (Person responsible: caseworker, parole officer, community resource specialist, CRS.) (B) The IPP is developed to meet identified academic, vocational, and personal needs. (Person responsible: caseworker, parole ofiicer, CRS.) (C) The IPP includes measureable criteria of expected behavior. (Person responsible: caseworker, parole officer, CRS.) (D) The IPP includes measurable program objectives and time schedule of achievement (Person responsibL. caseworker, parole officer, CRS.) (E) Program staff review the IPP with the student on a scheduled basis. (Person responsible: caseworker, parole officer, CRS.) (F) Modification and changes are documented by staff and student signature. (Person responsible: caseworker, parole officer, CRS.) (G) CCIS user manual defines formal, recipients, and routing of copies. (Person responsible: systems analyst.) Source: The provisions ofthis §81.23 adopied to be effective Januar>' 5, 1984. 9 TcxRcg 5425.

§81.24. Orientation. (a) Standard. The Texas Youth Commission (TYC) provides for the program orientation of its students. (b) Program requirements. (1) Reception center. (A) Students are oriented to the diagnostic processes on admission. (Person responsible: caseworker.) (B) Students are oriented to all TYC programs within 10 days of admission. (Person responsible: caseworker.) (C) Written documentation of student orientation is supported by staff and student signature. (Person responsible: caseworker.) (2) Institutions, halfway houses. (.A) Students are oriented to the program within one week of admission. (Person responsible: institutional parole officer (IPO), halfway house assistant superintendent.) (B) Students are oriented to all program areas. (Person responsible: IPO, halfway house assistant superintendent.) (C) Students are introduced to program staff. (Person responsible; IPO, halfway house assistant superintendent.) (D) Written documentation of student orientation is supported by staff and student signature. (Person responsible: IPO, halfway house assistant superintendent.) Source: The provisions of this §81.24 adopted to be effective January 5.1984. 9 TexReg 5425.

§81.25. Student Grievance and Appeal System. (a) Standard. The Texas Youth Commission provides a grievance and appeal system to resolve student problems. (b) Program requirements. (1) Institutions, reception center, halfway houses. (A) A staff member is designated as grievance coordinator. (Person responsible: superintendent, halfway house sui>erintendeni.) (B) Students have reasonable access to the grievance system. (Person responsible: superintendent, halfway house superintendent.) (C) Grievances are assigned to appropriate staff for resolution. (Person responsible: grievance coordinator.) (D) Resolution is sought within a prescribed time limit. (Person responsible: program staff.) . (E) Acceptance or appeal ofthe resolution is documented by staffand student signature. (Person responsible: program staff) (F) CCIS user manual defines format, reciptients, and routing of copies. (Person responsible: systems analyst.) (2) Parole! residential contract programs. (A) A staff member coordinates the student grievance procedure. (Person responsible: parole sup)ervisor.) (B) Students have reasonable access to the grievance system. (Person responsible: parole officer, community resource specialist, CRS.) (C) Resolution is sought within a presscribed time limit. (Person responsible: parole officer, CRS.) (D) Acceptance or appeal ofthe resolution is documented by staffand student signature. (Person responsible: parole officer, CRS.) (E) CCIS user manual defines format, recipients, and routing of copies. (Person responsible: systems analyst.)

255 37 §81.25. TEXAS YOUTH COMMISSION Pt. Ill

(3) All program areas. (A) Students may appeal grievance resolutions to the program administrator. (Person responsible: caseworker, parole officer, CRS.) (B) Students may appeal grievance resolution ofthe program administrator to the executive director. (Person responsible: caseworker, parole officer, CRS.) (C) Students may appeal placement decisions to the executive director. (Person responsible: caseworker, parole officer, CRS.) (D) Discipline of a student for writing a grievance is not permitted. (Person responsible: program administrator.) Source: The provisions ofthis §81.25 adopted to be effective January 5,1984. 9 TexReg 5425.

§81.26. Academic Admmistration. (a) Standard. The Texas Youth Commission administers educational services consistent with fedeml and state laws. (b) Program requirements—institutions. (1) Educational programs comply with Texas Education Agency (TE.A) accreditation standards. (Person responsible; superintendent, principal.) (2) Educational reports are submitted as required. (Person responsible: superintendent, principal.) (3) Educational staff meet established hiring credentials. (Person responsible: principal.) (4) A certified school administrator is responsible for the educational program. (Person responsible: chief of educational services.) (5) Educational counseling is provided by the academic adminislrator or educational counselor. (Person responsible: principal.) (6) The school calendar is established annually by Ihe Child Care Division. (Person responsible: chief of educational services.) (7) The Child Care Division specifies expectations for the daily schedule. (Person responsible: chief of eduational services.) (8) Curriculum content is assessed on a scheduled basis to measure effectiveness. (Person responsible: chief of educational services.) (9) Teaching and supervision schedules permit one hour daily of teacher preparation time. (Person responsible: principal.) (10) Students attend daily classes according to their individual schedules. (Person responsible: principal.) (11) Students who have jobs but have not completed high school have at least a half-day school schedule. (Person responsible: principal.) (12) Student attendance is recorded in compliance with TE.A policy. (Person responsible: principal.) Source: The provisions of this §61.26 adopted to be effective January- 5.1<*84. 9 TcxRcg 5425.

§81.27. Academic Education. (a) Standard. The Texas Youth Commission provides essential academic skills and uses an individual education plan (lEP) to identify instructional needs for its students. (b) Program requirements. (1) Reception center. Students' instructional needs are initially assessed upon admission. (Person responsible: educational diagnositican.) (2) Institutions. (A) The needs assessment is completed at the placement facility. (Person responsible: educational diagnositician.) (B) The lEP is developed within 30 days of admission for and with the student. (Person responsible: educational diagnostician.) (C) The lEP is developed to meet identified instructional needs. (Person responsible: educational diagnostician. (D) The lEPs of handicapped students are developed according to Texas Education Agency (TEA) policy. (Person responsible: educational diagnostician.) (E) The lEp is reviewed quarterly and modified irnecessar>'. (Person responsible: educational staff.) (F) Curriculum content includes language arts, math, special education, English as a Second Language, remedial education, and social skills. (Person responsible: principal.) (G) Instruction is based on individual needs and includes both group and individual activities. (Person responsible: academic staff.) (H) Library services are available to students. (Person responsible; principal.)

(I) Library materials are selected to meet educational, informational, and recreational needs of students. (Person responsible: principal.) (J) Instruction should increase reading and math skills with the majority of students achieving one month's growth for each month of instruction. (Person responsible: academic staff.) (K) Students capable of completing high school credits are assigned work at that level. (Person responsible: academic staff.) (L) Age appropriate and capable students who express interest should receive general education degree (GED) instruction and an opportunity to complete GED testing. (Person responsible: academic staff.) (M) Students admitted to security will receive four hours per day of educational services. (Person responsible: principal.) (N) Students admitted to the infirmary in excess of one day will be provided assignments if medically able to do them. (Person responsible: principal.) Source: The provisions of this §81.27 adopted to be effective January 5,1984, 9 TexReg 5425.

§81.28. Career Development. (a) Standard. The Texas Youth Commission provides career development opportunities for its students. (b) Program requirements—institutions. (1) All students receive career education as part of their social skills classes. (Person responsible: academic staff.) (2) There is a written plan to coordinate career education and vocational activities. (Person responsible: principal.) (3) The student employment program has written operating procedures which include selection criteria for on and off campus employment. (Person responsible; principal.) (4) Written criteria define student placement in vocational education classes and vocational training programs. (Person responsible: principal.) Source: The provisions ofthis §81.28 adopted to be effective January- 5,1984. 9 TexReg 5425.

§81.29. Physical Education. (a) Standard. The Texas Youth Commission provides a physical education program for its students. (b) Program requirements. (1) Institutions. (A) The academic program includes physical education classes. (Person responsible: principal.) (B) The curriculum includes athletic activities, physical fitness, and health. (Person responsible; principal.) (C) The class schedule includes physical education. (Person responsible: principal.) (2) Institutions, halfway houses. Students are provided the opportunity to participate in competitive sports. (Person responsible: recreation supervisor, community coordinator.) Sourc<: The provisions ofthis §81.29 adopted lo be effective January 5.1984, 9 TexReg 5425.

§81.30. CooDSeling. (a) Standard. The Youth Commission (TYC) provides its students with basic interpersonal skills to promote social adjustment. (b) Program requirements. (1) Institutions, halfway houses. (A) Students are taught basic interpersonal skills. (Person responsible; academic staff, group leader.) (B) ' Interpersonal skills are integrated into individual and group counseling sessions. (Person responsible; caseworker, group leader.) (C) Each student will participate in individual and/or group counseling. (Person responsible: assistant superintendent, halfway house assistant superintendent.) (D) The type of counseling is consistent with the students' personal needs. (Person responsible: caseworker, group leader.) (E) Group counseling is under the direction of a trained group leader. (Person responsible: assistant superintendent, halfway house superintendent.) (F) Group counseling follows TYC group manual guidelines. (Person responsible: group leader, psychologist, medical psychiatric caseworker.) (G) Individual coiinseling follows casework manual guidelines. (Person responsible: caseworker, medical psychiatric caseworker.) (2) Institutions. Individual psychological or psychiatric counseling is provided consistent with the students' personal needs. (Person responsible: psychologist, psychiatrist.)

257 37 §81.30. TEXAS YOUTH COMMISSION Pt. HI

(3) Halfway houses. Appropriate to the students' personal needs, psychological or psychiatric counseling is obtained through contractual services. (Person responsible: halfway house superintendent.) Sonrce: The provisions of this §81.30 adopted to be effective Januarj- 5,1984. 9 TexReg 5425.

§81.31. Recreation. (a) Standard. The Texas Youth Commission provides recreational opportunities for its students. (b) Program requirements. (1) Institutions. (A) There is a written schedule for intramural sports. (Person responsible: recreation supervisor.) (B) There is a written program to teach basic water safety to students. (Person responsible: recreation supervisor.) (C) Recreation personnel are certified by the American Red Cross to teach water safety. (Person responsible: recreation supervisor.) (D) Students are provided the opportunity to pursue interests in arts, crafts, and hobbies. (Person responsible: assistant recreation super\isor, child care staff.) (E) Supphes necessary for arts, crafts, and hobby inieresis are provided when 10 or more students express mutual interest. (Person responsible: recreation supervisor, business manager.) (F) Seasonal and special activities are scheduled on a timely basis. (Person responsible: recreation supervisor.) (G) There is a written housekeeping plan for each recreational area. The plan includes student participation. (Person responsible: recreation supervisor.) (2) Halfway houses. (A) There is a list of community recreational resources for student use. (Person responsible: halfway house assistant superintendent.) (B) There is a writien schedule of recreational activities on and off facility. (Person responsible: halfway house assistant superinlendeni, community coordinator.) (C) Special and seasonal activities are scheduled on a timely basis. (Person responsible: halfway house assistant superiniendent, community coordinator.) (3) Reception center. There is a written schedule of recreational activities. (Person responsible; superintendent.) Source: The provisions of [his §81.31 adopied to be effective Januarv- 5.1984. 9 TexReg 5425.

§8132. Daily Living. (a) Standard. Texas Youth Commission facilities provide clean and orderly living areas. (b) Program requirements—insitutions, halfway houses, reception center. (1) Facilities comply wiih state and local health and safety regulations. (Person responsible: superintendent.) (2) Independent safely and sanitation inspections are conducted quarteriy. (Person responsible: safety committee.) (3) Toilet and bathing facilities are available. (Person responsible: superintendent.) (4) Pillows, bedding, and nonflammable mattresses are provided. (Person responsible: superintendent, business manager.) (5) Bed, chair, and personal cabinets/closets are provided. (Person responsible: superintendent, business manager.) (6) The number of students per living unit is approved by the Child Care Division. (Person responsible: director of institutions, director of community/special ser\'ices.) (7) Thei^ is a writien housekeeping plan for the living area which includes student responsibilities. (Person responsible: youth program supervisor, halfway house assistant superiniendent.) (8) Students are taught proper housekeeping practices. (Person responsible: youth activity supervisor child care staff.) Source: The provisions ofthis §81.32 adopted to be effective January 5.1984, 9 TexReg 5425.

§81.33. Personal Hygiene. (a) Standard. Texas Youth Commission facilities provide articles or services to maintain proper personal hygiene. (b) Program requirements—institutions, halfway houses, reception center. (1) Each student is provided a toothbrush, lower, washcloth, comb or brush. (Person responsible: YAS HI, purchasing officer.) (2) Shaving equipment and feminine hygiene needs are provided. (Person responsible: YAS III, purchasing officer.) (3) Soap, toothpaste, deodorant, hair products, body powder, and toilet paper are available in sufficient supply. (Person responsible: Y.AS ill. purchasing officer.)

258 Cnpvrighie IVSS State of Te.xas and Han Infonnation Sistems. Inc. Ch. 81 GENERAL PROVISIONS 37 §81.36.

(4) There is a written plan to provide barber and beautician services for students. (Person responsible: superintendent. (5) Students are taught personal hygiene skills. (Person responsible: YAS/child care stafT.) Source: The provisionsof ihis §81.33 adopted to be effective Januarv 5,1984, 9 TexReg 5425.

§81.34. Daily Living Records. (a) Standard. Texas Youth Commission staff maintain clear and concise records of daily living activities. (b) Program requirements. • (1) Institutions, halfway houses, reception center. (A) .A daily log provides staff with significant informaiion as one means of communication between shifts. (Person responsible: youth activity supervisor (YAS/child care staff.) (B) The daily log provides information regarding student behavior. (Person responsible: YAS/child care staff.) (C) There is a designated file for internal facility memorandums, forms, and student records. (Person responsible: cottage director, halfway house (HWH) assistant superintendent, YAS III:) (D) A copy ofthe facility operations manual is available to all YAS/child care staff. (Person responsible: cottage director, HWH assistant superintendent, YAS III.) (2) Institutions, halfway houses. (A) A weekly schedule of student activities is posted in theliving area. (Person responsible; cottage director, HWH assistant superintendent.) (B) The daily schedule of cottage activities is known by student and staff. (Person responsible: cottage director, HWH assistant superintendent.) Source: The provisions of ihis §81.34 adopted to be effective Januar>' 5. 1984. 9 TexReg 5425.

§81.35. Family Involvement. (a) Standard. The Texas Youth Commission provides for the involvement of students' families. (b) Program requiremems. (1) Reception center, receiving facility. (.A) Families receive prompt written notification of student placement. (Person responsible: intake staff.) (B) Families are notified of visitation rights. (Person responsible: intake staff,) (C) Students' caseworkers are identified for families. (Person responsible: intake staff.) (D) Written information is translated for non-English speaking families. (Person responsible: intake staff.) (2) Institutions, halfway houses. (A) Families are encouraged lo communicate concerns to the facility administrator or caseworker. (Person responsible; caseworker, halfway house (HWH) superintendent.) (B) Students are encouraged to communicate with families by. letter or telephone. (Person responsible: caseworker, HWH superintendent.) (C) Families are encouraged to visit their children. (Person responsible: caseworker, HWH superintendent.) (D) Families are provided periodic progress reports. (Person responsible: caseworker, HWH superintendent.) (E) Student furlough programs, are provided to encourage family interactions. (Person responsible: superintendent, parole officer.) Source: The provisions of this §81.35 adopied lo be effective Januar>' 5.1984, 9 TexReg 5425.

§8136. Commiuiity Involvemenl. (a) Standard. The Texas Youth Commission secures community citizen involvement in its programs. (b) Program requirements—institutions, halfway houses, parole. (1) The faciliiy or area has a Community Advisory Committee. (Person responsible: superiniendent.) (2) A staff member coordinates the volunteer program. (Person responsible: volunteer coordinator. (3) Written policy specifies the liens of authority, responsibility, and accountability of the volunteer program. (Person responsible: superintendent.) (4) Volunteers are recruited from all cultural and socioeconomic segments ofthe community. (Person responsible: volunteer coordinator.) (5) Volunteers are orientwl to the program. (Person responsible: volunteer coordinator.) (6) There is a system for official registration and identification of volunteers. (Person responsible: volunteer coordinator.) 259 37 §81.36. TEXAS YOUTH COMMISSION Pt. Ill

(7) Volunteers agree in writing to abide by facility and agency policies and rules of confidentiality. (Person responsible: volunteer coordinator.) (8) Written policy defines student participation in volunteer activities in the community. (Person responsible: . volunteer coordinator.) SoDrce: The provisions ofthis §81.36 adopted lo be effeciive JanLiar\' 5. 1984. 9 TcxRcg 5425.

§81.37. Discipline. (a) Standard. The Texas Youth Commission responsibility administers discipline as an integral part of the treatment program of its students. (b) Program reguirements^nstitutions, halfway houses, reception center. (1) Written policy and procedure provides that supervision and control are exercised by staff only. (Person responsible: superintendent.) (2) Corporal punishment is prohibited. (Person responsible: superiniendent.) (3) The student handbook provided at intake identifies agency rules of conduct. (Person responsible: intake staff.) (4) In-house facility rules and consequences of violation are conspicuously posted in the appropriate areas. (Person responsible: program administrator, principal, cottage director, recreation supervisor, nursing supervisor.) (5) Consequences do not interfere with regular meals, sufficient sleep, physical exercise, or medical care. (Person responsible: assistant superintendent, halfway house (HWH) superintendent.) (6) Staff members assist students in understanding the rules. (Person responsible: YAS/child care staff.) (7) Rules are translated into languages spoken by a significant number of students. (Person responsible: assistant superinlendeni. HWH superintendent.) (8) Skills necessary to effectively and responsibly discipline students are taught in preservice training for direct care staff. (Person responsible: director, personnel, and staff development.) Source: The provisions of this §81.37 adopted lo be efTective January 5. 1984, 9 TexReg 5425.

§81.38. Facility Security. (a) Standard. The Texas Youth Commission provides for the safety and security of its students. (b) Program requirements. (1) Institutions, halfway houses. (A) There are writien procedures for facility security with detailed instructions for implementation. (Person responsible; youth program super\'isor, halfway house (HWH) superintendent.) (B) Students shall remain within authorized perimeters. (Person responsible: youth activity supervisor (YAS)/child care staff.) (C) Written procedures govern supervision of students outside authorized perimeters. (Person responsible: youth program super\-isor, HWH superiniendent.) (D) .A key control system provides a current accounting ofthe location and possessor of each key. (Person responsible; business manager. HWH superintendent.) (E) .A permanent log is used to record routine and emergency activities. (Person responsible: YAS III, group leader.) (F) There is daily inspection of locks, doors, and windows. (Person responsible: YAS/child care staff.) (G) There is a system to physically count students. (Person responsible: Y.AS/child care staff.) (H) There are written procedures for dealing with escapes, runaways, and unauthorized absences. (Person responsible: superintendent.) (I) There are written procedures for control of contraband. (Person responsible: youth program supervisor, HWH superintendent.) (J) There are writien procedures to be followed in emei^ency situations. Those emergency procedures are practiced at least quarterly on a scheduled basis. (Person responsible: superintendent.) (K) .All faciliiy staff arc trained in emergency procedures. Training is documented. (Person responsible: superintendent, HWH superintendent.) (L) The facility has necessary equipment lo maintain essential light and communication in an emergency. (Person responsible: business manager, fiscal coordinator.) (2) Institutions. (A) There is an operational center which maintains communication and security functions. (Person responsible: superintendent.) (B) Written procedure identifies how students proceed from one area of the institution lo another during daylight and darkness. (Person responsible; youth program supervisor.) Source: The provisionsof this §81.38 adopied to be effective January- 5, 1984, 9 TexReg 5425.

260 Copyright S 19S.^ SiaW of Texas and Han Information Systems. Inc. Ch. 81 GENERAL PROVISIONS 37 § 81.40.

§81.39. Security Program. (a) Standard. The Texas Youth Commission provides specific criteria for the management of students who have serious behavior problems or who require protective care. (b) Program requirements. (1) Institution security unit referrals. Written guidelines for referral to security are known by all staff. (Person responsible: superintendent.) (2) Admissions. (A) Criteria for admission is limited: (Person responsible: Child Care Division.) (i) to prevent imminent physical harm to self of others; (ii) to prevent imminent and/or substantial destruction of property; (iii) to prevent escape; (iv) to deter behavior that creates a substantial disruption of institution programs; and (v) lo respond to student self-request. (B) Admission is authorized by Ihe student's dormhory director or an agency approved substitute. (Person responsible: director of security.) (C) Admission requires completion of all necessary documentation. (Person responsible: dormitory director or approved substitute.) (D) Written conditions for release are established at the time of admission. (Person responsible: dormitory director or approved substitute.) (3) Confinement. (A) Confinement beyond 24 hours is the result of a due process hearing (Person responsible: dormitory director.) (B) Continued confinement requires approval ofthe superintendent each 24 hours up to 120 hours. (Person responsible: director of security.) (C) Confinement beyond 120 hours requires verbal approval ofthe director of institutions each 24 hours up to 168 hours. (Person responsible: superiniendent.) (D) Confinement beyond 168 hours requires writien approval ofthe executive director each 24 hours until release. (Person responsible:director of institutions.) (4) Isolation. (A) Written policy defines criteria for the use of isolation. (Person responsible; director of institutions.) (B) Students in isolation are visually monitored ever>' five minutes. (Person responsible: director of security.) (C) Documentation of use is required. (Person responsible: director of security.) (5) Daily activities. (.A) There is a written hourly schedule of daily activities. (Person responsible: director of security.) (B) The schedule includes one hour of large muscle exercise. (Person responsible: director of security.) (C) Students are visited daily by nursing staff. (Person responsible: nursing staff.) (D) Each student's individual education plan is continued during confinement. (Person responsible; principal.) (E) Individual counseling is provided daily. (Person responsible; dormitory director, director of security, psychologist, psychiatrist, and/or medical psychiatric caseworker.) (F) Parents and legal guardians may visit between 9 a.m. and 5 p.m. (Person responsible: director of security.) (G) Meals and snacks are provided similar to those offered in the regular ireatment program. (Person responsible: director of security.) (6) .Monitoring. W'rilten policy and procedure govern the supervision and monitoring ofthe security unit, (Person resfwnsible: superintendent.) Source: The provisionsof this §81.39 adopted to be effective January- 5,1984, 9 TexReg 5425; amended to be efTective June 21, 1984. 9 TexReg 3123.

Cross References: This section cited in 37 T.AC §89.545 (relating to Referral).

§81.40. Moral Values and Religious Worship. (a) Standard. The Texas Youth Commission provides students the opportunity to develop and internalize a set of personal moral values, Panicipation in religious services and counseling is voluntary. (b) Program requirements. (I) Institutions. (A) A staff member coordinates the religious program. (Person responsible: designated staff.) Revision No. 1 261 37 §81.40. TEX.AS YOUTH COMMISSION Pt. Ill

(B) Facilities are available on campus for religious services and counseling. (Person responsible; superintendent.) (C) Written policv provides for access to religious programs and counseling. (Person responsible: designated staff.) (D) Information on religious services is provided to students during orientation. (Person responsible: orientation staff.) (E) Students participate in the planning and development of religious programs and activities. (Person responsible: designated staff coordinator.) (2) Halfway houses. Writien policy provides for voluntary access lo religious services and counseling in the community. (Person responsible: superintendent.) Source: The provisions of this §81.40 adopted to be effective January' 5, 1984, 9 TexReg 5425.

§81.41. Nutrition. (a) .Standard. The Texas Youth Commission provides food services to meet the basic nutritional needs of its students. (b) Program requirements—institutions, halfway houses, reception center. (1) Food service staff develop advanced, planned menus. (Person responsible: director of staff services.) (2) Menus meet minimum standards for dietary allowance and daily requirements. (Person responsible: director of staff services.) (3) There is a minimum of two hot meals ever>' 24 hours. (Person responsible: food service manager, head cook.) (4) Special diets required to meet medical and religious needs are provided. (Person responsible: food service manager, head cook.) (5) Evening snacks arc provided daily. (Person responsible: food ser\'ice manager, head cook). (6) There is a single menu for staffand students. (Person responsible: food service manager, head cook.) (7) Regularly scheduled meals or snacks are not used as a reward or disciplinary measure. (Person responsible: facility administrator.) (8) There are no more than 14 hours between the evening meal and breakfast. (Person responsible: food service manager, head cook.) (9) Written policy provides that on-duty child care staff eat with students. (Person responsible: facility administrator.) (10) The facility food service program complies with state and local sanitation and health codes. (Person responsible: business manager, halfway house (HWH) superintendent.) (11) Food service staff comply with state and local food handler laws and regulations. (Person responsible: business manager, HWH superintendent.) Source: The provisions of ihis §81.41 adopted to be effective January 5.1984, 9 TexReg 5425.

§81.42. Clothing. (a) Standard. The Texas Youth Commission (TYC) provides adequate and appropriate clothing to its students. Clothes issued by the TYC are the student's personal property unless they are for special use in sports or camping. (b) Program requirements—institutions, halfway houses. (1) Minimum clolhing requirements are established by the Child Care Division. (Person responsible: chief of basic care services.) (2) Clothes shall be appropriate to the season. (Person responsible: youth activity supervisor (YAS)/child care staff.) (3) Students may purchase their own clothing or gel it from the TYC. (Person responsible: YAS/child care staff.) (4) There is a written procedure for obtaining necessar>' clolhing to meet the quotas. (Person responsible: youth program supervisor, halfway house (HWH) superintendent.) (5) Clothing purchased by the agency will reflect present fashion trends as much as possible. (Person responsible: supply officer, Y.AS/child care staff.) (6) Students will follow the facility dress code. (Person responsible: YAS/child care staff.) (7) There is written policy that governs the possession of items of clolhing or jewelrv' thai could be used to inflict bodily harm. (Person responsible: youth program supervisor/HWH superintendent.) (8) The students' clothing list provides accountability for receipt, issue, discard, and transfer of clothing items. (Person responsible: Y.AS/child care staff.) (9) Laundry services are sufficient lo provide clean clolhing daily. (Person responsible: business manager.) (10) There is a written dry cleaning plan for nonwashable items. (Person responsible: youth program supervisor, HWH superiniendent.)

Source: The provisionsof this §81.42 adopted to be effeciive January 5,1984, 9 TexReg 5425.

Revision No. 1 262 Copynght © 19."^. state of Texas and Han Information Svstenu. Inc. Ch. 81 GENERAL PROVISIONS 37 § 81.45.

§81.43. Shelter. (a) Standard. The Texas Youth Commission provides adequate shelter and living space for its students. (b) Program requirements—institutions, halfway houses. (1) Living areas are made attractive ihrough the use of pictures, posters, plants, and drapes or curtains. (Person responsible: youth program supervisor, halfway house (HWH) superintendent.) . (2) The sleeping area for each student is as private as structurally possible. (Person responsible: superintendent.) (3) There is written policy permitting students lo personalize their rooms and living areas within reasonable guidelines. (Person responsible: youth program supervisor, HWH superiniendent.) Souree: The provisions ofthis §81.43 adopted to be effective January 5,1984, 9 TexReg 5425.

§81.44. Medical and Dental Services. (a) Standard. The Texas Youth Commission (TYC) provides professional medical and dental services for its students. (b) Program requirements. (1) Reception center, institutions. (A) Written job descriptions define the responsibilities of licensed medical staff. (Person responsible: director of medical services.) (B) Written standard operating procedures govern the provision of all medical and dental care. (Person responsible: physician, dentist.) (C) Each student receives a medical and dental examination upon admission to the TYC. (Person responsible: medical staff.) (D) Students have 24-hour access to licensed nursing personnel. (Person responsible: superintendent.) (E) Student medical complaints are responded to daily. (Person responsible; nursing staff.) (F) Medical and dental services are delivered at the institution or through contract services. (Person responsible: superintendent, director of nurses.) (G) Written agreements exist between the institution and a community hospital to provide major medical care. (Person responsible: superintendent.) (H) Program staff receive first aid training. (Person responsible: youth program supervisor.) (2) Halfway houses. (A) Medical and dental care is provided ihrough contract services. (Person responsible: superintendent.) (B) Written agreements exist between the facility and a community hospital or clinic to provide emergency services. (Person responsible; superintendent.) (C) Program staff receive first aid training. (Person responsible; superintendent.) Source: The provisions ofthis §81.44 adopted to be effective January 5,1984. 9 TexReg 5425.-

§81.45. Student Representation. (a) Standard. The Texas Youth Commission residential facilities have student councils. (b) Program requirements—institutions, halfway houses. (1) -A staff member is designated to coordinate student council activities. (Person responsible: superintendent.) (2) Student representatives are democratically elected from each living unit. (Person responsible: staff coordinator.) (3) The student council meets at least monthly. (Person responsible: staff coordinator.) (4) .A written agenda identifies discussion topics. (Person responsible: staff coordinator.) (5) Minutes ofthe meeting are distributed to program areas. (Person responsible: staff coordinator.) Source: The provisions ofthis §81.45 adopted to be effective January 5,1984, 9 TexReg 5425.

Revision No. 1 263 37 §81.45. TEXAS YOUTH COMMISSION Pt. Ill

USE OF Jir\'EMLE DETENTION FACILITIES

§81.81. through 81.88. (RESERVED]

ADMISSIO.V TO THE AGE.\C\

§81.102. Acceptance of Federal Offenders. (a) Policy. The Texas Youth Commission (TYC) may accept custody of federal offenders per contract with the Bureau of Prisons. Contracts must be developed in accordance with provisions of 18 U.S.C. §§4002, 4082, 5013. and 5040. .Acceptance of a federal offender is not mandator>'. (b) Procedure. (1) Definition. A federal offender is a youth committed to the custody ofthe attorney general ofthe LInited States by a federal court pursuant to 18 U.S.C. §5031-5042 as a juvenile delinquent. (2) Referral to the TYC. The respective federal court must send information aboul the youth, including ihe federal court and a social history-, to the Statewide Reception Center. (3) Acceptance. The superiniendent of the reception center has the authority to review the information, decide whether the TYC would have an appropriate program for the youth, and notify the court of his decision, (4) Transportation to the TYC. If accepted, the youth must be transported lo the Statewide Reception Center by the federal court. (5) Diagnostic evaluation. Federal offenders receive the same diagnostic evaluation as delinquents committed to the TYC under the Texas Family Code, Title 3 (see 90.35.010 ofthe GOPP). (6) Program assignment and transportation. The Reception Center assumes responsibility for making an appropriate program assignment to a TYC training school and transporting the youth to the assignment. (7) Services. Services to federal offenders must be in compliance with the contract terms. Generally, federal offenders receive the same ser\'ices as other delinquents in TYC institutions. Federal offenders, however, are not subject to the provisions ofthe case management system. (8) Parole review. Release on federal parole is decided by federal parole personnel with input from TYC staff

Source: The provisions ofthis §81.102 adopted to be effective June 21, 1984. 9 TexReg il24.

CASE MANAGEMENT SYSTEM FOR DELINQUENT YOUTH

Authorit}': The provisions of these §§81.111-81.121 issued under Acts 1979, 66th Leg., ch. 842. effective September 10, 1979 (Texas Human Resources Code §6J.00J ei seq.].

§81.111. Purpose. (aj The purpose of the case management system for delinquents is to ensure and support the planned management of individual student cases. The case management system for delinquents does not apply to federal offenders housed within Texas Youth Council training schools. The case management system provides definitions of terms, identifies three criteria to be used in the management of individual student cases, and delineates policy for managing cases from program assignment through discharge. (b) Requests by institution superintendents to make exceptions to the case management system for individual students shall be made to the Department of Institutions. Requests by halfway house superintendents and area parole supervisors shall be made to the Department of Community Services. Final approval for all exceptions rests with the assistant executive director for child care.

Source: The provisions of ihis §81.11J adopted to be efTeciive Januarv 9. 1980,4 TexReg 4662; amended to be effective June 24, 1980, 5 TexReg 2273.

Cross References: This section cited in 37 TAC §81.258 (relating to Services).

§81.112. Definitions. The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise: Nonviolent ojfenders—.All students who are committed, recommitted, or revoked, with the exception of violators of CINS probation, violent offenders, and repeat offenders. .A student who is adjudicated delinquent for a violent or nonviolent offense, placed on probation, or given a suspended commitment and subsequently has his probation or suspended commitmeni, revoked for a CINS offense, shall be classified as a nonviolent offender.

Revision No. 1 264 CopyrtgHtC 1986 .state of Texas and Han information Systems, inc Ch. 81 GENERAL PROVISIONS 37 § 81.114.

Repeat offenders—.All students except those recommitted or revoked and reclassified for violent offenses who are recommitted or have their parole status revoked for criminal offenses. Repeat offenders to not include students revoked for criminal offenses where the hearings examiner has found mitigating circumstances or where the criminal offense is victimless. Violators of CINS probation—Those students committed to ihe Texas Youth Commission for violating the terms of their probation through conduct indicating a need for supervision (as defined in the Texas Family Code, Title 3, Article 51.04(a)), after having been placed on probation for conduct indicating a need for supervision. Violent offenders—Those students who have been committed, recommitted, reclassified, or revoked and reclassified for the commission orattemptedcommissionof one or more ofthe following crimes against persons. Offenses (A)-(R) of the offenses listed in this definition are defined in the Texas Penal Code Titles 5 and 7): (A) capital murder; (B) murder, (C) voluntary manslaughter; (D) kidnapping; (E) aggravated kidnapping; (F) sexual abuse; (G) aggravated sexual abuse; (H) sexual abuse of a child; (1) aggravated assault: (J) deadly assault on a peace officer; (K) robbery; (L> aggravated robbery; (M) rape; (N) aggravated rape; (O) rape of a child: (P) sexual assault; (Q) aggravated sexual assault; (R) arson; (S) intentionally, knowingly, or recklessly causing bodily injur>' to a TYC staff member if the assault: (i) is incident to and in furtherance of an escape; or (ii) involves the use of a deadly weapon; or (iii) causes serious bodily injury; or (iv) appears from evidence to have been the result of planning; or (v) appears from evidence to have been the result of concerted action by more than one student. Source: The provisions ofthis §81.112 adopted to be effective Januar>'9. 1980. 4 TexReg 4662; amended lobe efTeciive June 24, 1980. 5 TexReg 2273; amended to be effective June 21. 1984, 9 TexReg 3124. Cross References: This section cited in 37 TAC §81.120 (relating to Parole Revocation); and 37 TAC §81.258 {relating to Services).

§81.113. Criteria. Criteria to be used in the management of individual student cases are: (1) Public protection—the extent to which a student constitutes a threat to the public safety (i.e.: the likelihood that, if given the opportunity, the student will commit a crime against persons or property). (2) Treatment—theextent to which a student has progressed toward predefined and periodically reviewed goals involving the acquisition and application of basic academic, career development, and interpersonal skills (as identified on the student's IPP (Individual Program Plan)). (3) Care and supervision—the extent to which a student is dependent on the Texas Youth Council, and cannot rely on his family or other resources, for the provision of food, shelter, clolhing, and other life necessities. Source: The provisions of this §81.113 adopted to be effective Januarv 9, 1980, 4 TexReg 4662. Cross References: This section cited in 37 TAC §81.114 (relating to Program Assignment); 37 T.AC §81.115 (relating to Transfer); 37 TAC §81.119 (relating lo Parole Release); and 37 TAC §81.258 (relating to Services).

§81.114. Program Assignment. (a) Policy. The recepiion and initial screening of students, and the assignment of students to TYC-opcrated or TYC contract programs^ are responsibilities of the Statewide Reception Center, the Waco Mobile Diagnostic Unit, the El Paso Diversionary Program, and. in selected instances, residential contract program staff attached to the Status Offender Project. The three criteria defined in §81.113 ofthis title (relating to Criteria) are to be utilized in the initial screening of students and in the assignment of students to TYC-operaied and TYC contract programs.

Revision No.l 265 37 §81.114. TEXAS YOUTH COMMISSION Pt. Ill

(b) Guidelines. (1) Violent offenders. Violent offenders shall be assigned to TYC training schools. (2) Nonviolent offenders. (A) A nonviolent offender who is a threat to the public safety or who is highly likely to aitempi an escape from an open setting shall be assigned to a TYC training school.

(B) A nonviolent offender who is not a threat to the public safety and who is not highly likely to attempt an escape fi-om an open setting shall be assigned to a program other than a TYC training school. (3) Violators of CINS probation. Violators of CINS probation shall not be assigned to a TYC training school. (4) Repeat offenders. Repeat offenders shall be assigned to TYC training schools. Source: The provisions ofthis §81.114 adopted to be effective February 15, 1983, 8 TexReg 396; amended to be effective February 15, 1983. 8 TexReg 396. Cross References: This section cited in 37 TAC §81.258 {relating to Services).

§81.115. Transfer. (a) Policy. Students may be transferred between programs within established guidelines. A transfer is the administrative reassignment of a student from one program to another without a parole revocation hearing. The three criteria defined in §81.113 ofthis title (relating to Criteria) are to be used in making all transfer decisions. (b) Guidelines. (1) Transfers between training schools. No student shall be transferred from one training school to another except for clearly defined programmatic reasons. (2) Transfers into training schools. No student shall be transferred from the Wilderness Program, TYC halfway house, or residential contract program into training school unless: (.A) the student has committed a crime against persons or property; (B) the student has refused to cooperate with program expectations as defined in the IPP; or (C) there are cleariy defined programmatic reasons for the transfer. Transfers into training schools always require a transfer hearing. (3) Transfers out of training schools. .A student shall be transferred from training school into the TYC Wilderness Program, TYC halfway house, or residential contract program if programmatic concerns dictate an intermediate step prior to release home on parole. (4) Transfers between nontraining school residential programs. No student shall be transferred from one noniraining school residential program (e.g.: the TYC Wilderness Program. TYC halfway houses, residential contract programs) to another except for cleariy defined programmatic reasons. (5) Transfers from parole to TYC halfway houses and residential contract programs. .A student living at home on parole may be transferred into TYC halfway house or residential contract program if bedspace is available and, in the opinion of parole staff, such a transfer is programmatically appropriate. (6) Transfers to facilities of other state agencies. .A student may be transferred to facilities of other slate agencies (e.g.: Vernon Drug Center, state hospitals) ifsuch a transfer is programmatically appropriate. Source: The provisions of this§81.115 adopted to tie effective Januar>'9, 1980,4 TexReg 4662: amended to be effective June 24, 1980, 5 TexReg 2273. Cross References: This seciion cited in 37 T.AC §81.116 (relating to Reclassification); 37 TAC §81.251 (relating to Transfer Hearings); and 37 TAC §81.258 (relating to Services).

§81.116. Reclassification. (a) Policy. A student committed or recommitted to TYC as a nonviolent offender or violator of CINS probation who commits a violent offense while in the care and custody of TYC shall be reclassified as a violent offender. Reclassification is the administrative redefinition of a student who is not on parole from a violator of CINS probation or nonviolent offender to a violent offender. Reclassification shall occur only as a result of a formal factfinding hearing conducted by a TYC hearings examiner. (b) Guidelines. (1) Request for hearing. Requests for reclassification hearings shall be made to the Hearings Department, Central Office ofthe Texas Youth Council, Austin, Texas. (A) Training school superintendents, including the superintendent ofthe TYC Wilderness Program, have the authority to request reclassification hearings for students assigned lo their respective programs. (B) Halfway house superintendents have the authority to request reclassification hearings for those students not on parole assigned to their respective programs. (C) Area parole supervisors have the authority to request reclassification hearings for students not on parole assigned lo residential contract programs within their respecuve areas. (2) Factfinding phase. The factfinding phase of reclassification hearings shall be conducted in accordance with procedural rules promulgated in §§97.111-97.126 of this title (relaring to Field Placement Revocation Procedure). If the formal finding of fact does not substantiate the commission of a violent offense, the case shall be dismissed. Dismissal of a case does not preclude the initiation of transfer procedures as defined in §81.115 of this title (relating to Transfer). (3) Dispositional phase. If the formal finding of fact substantiates the commission of a violent offense, dispositional options are;

Revision No. 1 269 37 §81.116. TEXAS YOUTH COMMISSION Pt. Ill

(.\) If the student is currently assigned lo a TYC training school, and if there are no mitigating circumstances related to the student's commission of the violent offense, the hearings examiner shall reclassify the student as a violent offender and direct that the student remain in the training school for at least an additional 12 months (see parole release policy for violent offenders in §81.119(b)(1) of this title (relating to Parole Release)). If clearly defined mitigating circumstances are present, the hearings examiner may elect not to reclassify the student as a violent offender, but shall report his findings to the training school superinlendeni who may initiate other appropriate disciplinary action. (B) If the student has previously been in a TYC training school, is currently assigned lo the TYC Wilderness Program, a TYC halfway house, or a residential contract program, and there are no mitigating circumstances related to the student's commission ofthe violent offense, the hearings examiner shall reclassify the student as a violent offender and direct that the student be returned to the TYC training school from which he was most recently released, where the student shall remain for at least an additional 12 months (see parole release policy for violent offenders in §81.119(b)( 1) of this title (relating to Parole Release)). If clearly defined mitigating circumstances are present, the hearings examiner may elect not to reclassify the student as a violent offender, but shall repon his findings to the program administrator (or to the area parole supervisor in cases involving students assigned to residential contract programs) who may initiate other appropriate disciplinarv- action, including transfer procedures as defined in §81.115 of this title (relating to Transfer). (C) If the student has not previously been in a TYC training school, is currently assigned lo the TYC Wilderness Program, a TYC halfway house, or a residential contract program, and there are no mitigating circumstances related to the student's commission of the violent offense, the hearings examiner shall reclassify the student as a violent offender and direct that the student be transported to a TYC training school for at least an additional 12 months (see parole release policy for violent offenders in §81.119 of this title (relating to Parole Release)). The administrator ofthe program in which the student is currently residing (or the area parole supervisor in cases involving sludenis assigned to residential contract programs) shall contact the Department of Institutions for direcfions about the specific TYC training school to which the student should be transported. If clearly defined mitigating circumstances are present, the hearings examiner may elect not to reclassify' the student as a violent offender, but shall report his findings to the program administrator (or lo the area parole supervisor in cases involving sludenis assigned to residential contract programs) who may initiate other appropriate disciplinary action including transfer procedures as defined in §81.115 ofthis title (relating lo Transfer).

Source; The provisionsof this §81.116 adopted to be effective January 9. 1980,4 TexReg 4662; amended to be effective June 24. 1980. S TexReg 2273. Cross References: This section cited in 37 T.AC §81.258 (relating to Services).

§81.117. Disposition upon Return from Escape or Attempted Escape. A major staff responsibility in all TYC-operaied residential programs is the prevention of escapes. In evaluating students for . release on parole, staff shall weigh heavily any escapes or attempted escapes on the student's record. Students shall be clearly informed that escapes and attempted escapes may result in longer lengths of slay in residential programs. Students assigned to the TYC Wilderness Program, TYC halfway houses, and residential contract programs shall be informed that escapes or attempted escapes may result in reassignment to a TYC training school ihrough transfer or revocation.

Source: The provisions of this §81.117 adopied to be effective January- 9. 1980, 4 TexReg 4662. Cross References: This section cited in 37 TAC §81.258 (relating to Ser\'Lces).

§81.118. Furloughs. (a) Policy. Students in residential programs operated by the Texas Youth Council may be granted preparole furloughs, emergency furloughs, administrative furloughs, and precontract furloughs. (b) Guidelines. (I) Preparole furloughs. (.A) Purpose. The preparole furiough is a home furlough used to evaluate the student's ability to function at home under the conditions of parole. The furloughs are an important part ofthe student's preparation for reentering his home and community. Preparole furioughs, when used, are scheduled about one month before the student's expected parole release. (B) Residential program responsibilities. (i) A preparole furiough may be given if the student meets the following criteria: (I) The student has been in residential care for a minimum of three months or a minimum of 10 months if he is a violent offender, unless the violent offense is murder, capital murder, or voluntar\- manslaughter. Students committed or reclassified for these offenses are eligible for fiirlough after a minimum of 22 months. (II) The student has made satisfactory progress in accordance wiih his IPP goals.

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(Ill) A favorable 30-day home evaluation has been received from parole. (ii) A decision to give a student a preparole furiough shall be made by the superintendent or his designee. (iii) The residential program staff shall notify the student's parole officer, committing judge, and prosecutor ofthe intended furlough 15 days before the furiough begins. (iv) The residential program staff shall notify the student's family in writing of the plans for the furlough, including transportation plans, place and time ofthe student's arrival, and length ofthe visit (not to exceed seven days), (v) The residential program staff shall consult as needed with the student's parole officer following the student's return to discuss the student's behavior, his relationship with his family, and any other important information about the furlough. (C) Parole responsibilities. (i) The parole officer shall assist the program staff in notifying the student's family and county authorities of the furlough plans.. (ii) Following the student's return to the institution or halfway house, the parole officer shall contact the facility to provide information if the furlough was unsuccessful. (2) Emergency furlough. (.A) In an emergency, the student's caseworker shall contact the student's parole officer or other local authorities to verify the emergency. (B) The superintendent shall approve the furlough. (C) The student's family shall assume responsibility for transportation either by sending bus or plane fare or transporting him in their personal automobile. (D) If the student needs more time than originally approved, the student shall be instructed to contact his parole officer who shall make arrangements with institution or halfway house staff. The superintendent must approve extended emergency furloughs. (3) Administrative furloughs. Administrative furloughs include but are not limited to the following: (A) • .Medical furloughs. (i) . The medical consultant shall send recommendations for medical furlough to the student's caseworker. (ii) The caseworker shall seek the superintendent's approval ofthe furlough. (iii) The superintendent shall seek approval ofthe central office department of institutions before the furiough is granted. (iv) Upon completion of medical treatment, the student must return to the TYC facility. (B) Maternity furlough. (i) Placement plans for a pregnant student will be finalized and she will be placed before her seventh month of pregnancy, (ii) Delinquents must return to the TYC facility following the birth ofthe baby, (iii) The length ofthe furiough is indefinite and shall be determined by the parole officer. (4) Precontract furloughs. (A) The precontract furlough is used as a trial visit of a student to a proposed residential contract placement. The visit is used to determine whether the placement is acceptable and appropriate for the student and the receiving program. (B) The student's caseworker shall coordinate the precontract furlough with the community resource specialist who works with the proposed contract placement. (C) The furiough may not exceed seven days; three days is the usual length. Authorit): The provisions of Ihis §81.118 issued under Acts 1979. 66lh Leg., ch. 842. effeciive September 10, 1979, as amended (Texas Human Resources Code §61.075). Source: The provisionsof ihis §81.118 adopied lobeeHective January'9. 1980. 4 TexReg 4662; amended to be effective June 24, 1980. 5 TexReg 2273: amended 10 be effective April 15, 1982. 7 TexReg 1378.

Cross References: This seciion ciicd in 37 TAC §81.258 (relating to Services).

§81.119. Parole Release. (a) Policy. Evaluations of individual students for release on parole are to be conducted in a manner consistent with the child care standards which mandaie that each student shall have a completed IPP within 30 days following admission to TYC and that the IPP shall be formally reviewed with the student at three-month intervals following admission. The three criteria defined in GOPP 90.43.020 §81.113 of this title (relating to Criteria) are to be incorporated into the formal IPP reviews and are to be used in evaluating the student's current placement at the time of each formal review. When it is determined that a student will be paroled out of state upon completion of the program, required

271 37 §81.119. TEXAS YOUTH COMMISSION Pt. Ill

information regarding the anticipated out-of-state placement shall be forwarded to the interstate compact administrator so that arrangements may be made for supervision of the student (arrangements for out-of-state supervision requires a minimum of six to eight weeks to complete). (b) Guidelines. (1) Violent offenders. (A) Length of stay. (i) Violent offenders serve at least 12 months in a TYC training school. (ii) Violent offenders whose committing offenses (or offenses which led to reclassification) are murder, capital murder, or voluntary manslaughter serve at least 24 months in TYC training schools. (iii) Violent offenders are evaluated for parole release at the 12- or 24-month IPP review corresponding to their minimum length of stay. (iv) Release of a violent offender whose offense is murder, capital murder, or voluntary manslaughter must be approved by the executive director. The superintendent sends the director of institutions a release packet including the parole officer's home evaluation. The director of institutions forwards the information to the executive director, who will notify the superintendent in writing of the decision. If release is denied, the executive director will indicate the date for resubmitting the release packet. (B) Training school responsibilities. Should training school staff, in evaluating the student's placement at the 12- or 24-month IPP review, decide to continue residential care in the training school, the training school staff shall retain the continuing responsibility to formally review the student's IPP, and to evaluate the student for release on parole, at three-month intervals. (C) Responsibilities of other residential programs. Should the student be transferred to a TYC halfway house as a condition of release from the training school, the staff of the receiving program shall evaluate the student for release on parole after three months and monthly thereafter. If the residential program to which the student is transferred is a residential contract program, parole staff shall work with the staff of the residential program to ensure a formal IPP review, and an evaluation for release on parole, at three- month intervals. (D) Parole responsibilities. Should the student be released on parole, staff shall assume responsibility for completing a new IPP within 30 days and for continuing the formal IPP reviews at six-month intervals. (2) Repeat offenders. (A) Length of stay. Repeal offenders will remain at least six months in a TYC training school. (B) Training school responsibilities. Should the training school staff, in evaluating the student's placement al the six-month IPP review, decide to continue residential care in that program, the staff of that program shall retain the continuing responsibility to formally review the student's IPP and to evaluate the student for release on parole at one-month intervals. (C) Responsibilities of other residential programs. If the student is transferred to another residential program after the six-month IPP review, the staff of the receiving program shall assume identical responsibilities. If the program is a residential contract program, parole staff shall work with the staff of the program to ensure formal IPP reviews, including evaluation for release on parole, at three-month intervals. (D) Parole responsibilities. Should the student be released on parole, staff shall assume responsibility for completing a new IPP within 30 days and for continuing the formal IPP reviews at six-month intervals. (3) Nonviolent offenders. (.A) Length of stay. There is no minimum length of stay for nonviolent offenders. They may be placed at any time in a more appropriate, less restrictive environment. In any case, nonviolent offenders must be evaluated for release on parole no later than the six-month IPP review. (B) Responsibilities of residential programs. Should program staff, in evaluating the student's placement at the six-month IPP review, decide to continue residential care in that program, the staff of that program shall retain the continuing responsibility lo formally review the student's IPP, and to evaluate the student for release on parole, at one-month intervals. Should the student be transferred to a TYC halfway house, the staff of the receiving program shall assume identical responsibilities. If the residential program in which the student is initially placed, or to which the student is transferred, is a residential contract program, parole staff shall work with the staff of the residential program to ensure a formal IPP review, and an evaluation for release on parole, at three-month intervals. (C) Parole responsibilities. Should the student be released on parole, parole staff shall assume responsibility for completing a new IPP within 30 days and for continuing the formal IPP reviews at six-month intervals. (4) Violators of CINS probation. (A) Length of stay. Each violator of CINS probation must be evaluated for release on parole no later than the six-month IPP review.

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(B) Responsibilities of residential programs. Should program staff, in evaluating the student's placement at the six-month IPP review, decide not to release the student on parole, but rather to continue residential care in that program, the staff of that program shall retain the continuing responsibility to formally review the student's IPP, and to evaluate the studenl for release on parole, at one-month intervals. Should the student be transferred to a TYC halfway house, the staff of the receiving program shall assume identical responsibilities. If ihe residential program in which the studenl is initially placed, or to which the student is transferred, is a residential contract program parole staff shall work with the staff of the residential program to ensure a formal IPP review, and an evaluation for release on parole, at three- month intervals. (C) Parole responsibilities. Should the student be released on parole, staff shall assume responsibility for completing a new IPP within 30 days and for continuing the formal IPP reviews at six-month intervals. Authority: The provisionsof this §81.119 issued under Acts 1979, 66lh Leg., ch. 842. effeciive September 10, 1979, as amended (Texas Human Resources Code §61.075). Source: The provisions of ihis §81.119 adopied to be effective Januar\'9. 1980. 4 TexReg 4662; amended to be effective June 24, 1980, 5 TexReg 2273; amended lo be effective April 15, 1982. 7 TexReg 1379; amended lo be effeaive October 20. 1982, 7 TexReg 3583; amended to be effective Fcbniar>' 15. 1983. 8 TexReg 396; amended to be effective August 21, 1984. 9 TexReg 4291.

Cross References: This section cited in 37 TAC §81.116 (relating to Reclassification): 37 T.AC §81.120 (relating to Parole Revocation); and 37 TAC §81.258 (relating to Services).

§81.120. Parole Revocation. (a) Policy. (1) The Texas Youth Commission (TYC) parole revocation process serves two purposes: (A) to systematically examine alleged parolee violations ofthe Texas Penal Code or of specific conditions of parole through formal fact-finding in a procedure guaranteeing due process; and (B) to determine whether or not to revoke parole and assign the parolee to a TYC training school based on the findings of fact. (2) A parole revocation hearing may be held, and parole may be revoked, when a parolee commits any of the following types of violations as listed in GOPP 90.43.010 (§81.112 ofthis title (relating to Definitions)): (A) violent offenses; (B) nonviolent offenses; (C) children in need of supervision (CINS) offenses, victimless criminal offenses, parole rule violations, or repeated refusal to complv with the student's program as defined in the student's individualized program plan (IPP). (b) Hearing guidelines. (1) Request a hearing only when the student's parole should be revoked and the student should be assigned to a TYC training school. (Person responsible: parole officer.) (2) Contact the Legal Division of central office to iniliate a hearing. (Person responsible: parole officer.) (3) Conduct the hearing according to the procedures found in §§97.111-97.126 of this Utle (relaung to Field Placement Revocation Procedure). (Person responsible: hearings examiner.) (4) If no alleged violations are proven, dismiss the hearing and leave the studenl on parole. (Person responsible: hearings examiner.) (c) Disposition. If the findings of fact substantiate the commission of one or more alleged violations, the following rules for disposition apply: (1) Violent offenses. (.A) No mitigating circumstances. If there are no mitigating circumstances related to the student's commission of a violent offense, the siudenfs parole is revoked, the student is classified as a violent offender, and is returned to a training school. (B) Mitigating circumstances. If mitigating circumstances related lo the student's commission of a violent offense are found, the offense is considered a nonviolent offense and disposition is governed by the criteria for nonviolent offenders in paragraph (2) ofthis subsection. (2) .Nonviolent offenses. (.A) Threat to public safety. If the student is a threat to the safety of persons or property, the studem's parole is revoked and the student is relumed to a training school. (B) No threat to public safety. If the student is found not lobe a threat to the safet\'of persons or property, the student may be allowed to remain on parole. (3) Repeat offenders. (A) No mitigating circumstances. If the student has committed a criminal offense other than a victimless offense and if the hearings examiner's decision is to revoke parole, the student is designated a repeal offender unless there are mitigating circumstances related to the student's commission ofthe offense. Revision No. I 273 37 §81.120. TEXAS YOUTH COMMISSION Pt. Ill

(B) .Mitigating circumstances. If the student has committed a criminal offense .other than a victimless offense, and if the hearings examiner's decision is lo revoke parole, the student is not designated a repeat offender if the hearings examiner finds that there are mitigating circumstances related to the student's ccommission ofthe offense. The hearings examiner designates the student as a nonviolem offender. (4) Other offenses (CINS. victimless offenses, parole rule violations, or IPP violations). (.A) Alternatives exhausted. If the hearings examiner finds that the parole officer has exhausted all appropriate and available resources [e.g.. TYC halfway houses, residential contract programs, or nonresidential services) and if the student is: (i) a threat to public safety, the student's parole is revoked and the student is assigned to a training school; or (ii) not a threat to public safety, the student may be allowed to remain on parole. (B) Alternatives not exhausted. If the hearings examiner finds that appropriate and available allernatives have not been exhausted, the student remains on parole. (5) Previously adjudicated offenses. .All offenses which have been previously adjudicated during the parolee's current parole period (both at the present hearing and at any previous hearing during this parole period) are considered during the disposition phase. (6) Training school placement. (.A) Student formerly in a training school. If a student's parole is revoked, and if the student has previously been in a training school. Ihe student is returned to Ihe training school from which he was most recently released. (B) Studenl not formerly in a training school. If a student's parole is revoked, and if the student has not previously been in a training school, the student is assigned to such training school as directed by the Department of Institutions. (C) Former violent offenders. If a student's parole is revoked for other than a violent offense, and if the student was last released from a training school for violent offenders, the student shall be assigned to a different training school as directed by the Department of Institutions. (7) Offenses governing disposition. If more than one offense is proven in a parole revocation hearing, the most serious offense governs disposition. (8) Out-of-state revocations. (.A) Student on parole from another state. If a student is on parole from another state and is being supervised by the TYC under agreement with the other slate, parole revocation and return lo the sending state is coordinated by the inicrsiatc compact administrator and general counsel. (B) Texas parolees who commit offenses in anoiher stale. If a TYC parolee commits an offense in another state, the return of such studeni and parole revocation is coordinated by ihe interstate compact administrator and the general counsel. Source: The provisions of this §81.120 adopted to be effective June 21,1984, 9 TexReg 3125.

§81.121. Discharge. (a) Policy. The Texas Youth Commission (TYC) discharges students when they reach their 18th birthday with the exceptions in subsection (b)(1) and (2) ofthis seciion. (b) Procedure. (1) Discharges past the 18th birthday. (.A) Students committed to TYC for offenses committed on and after September 1, 1985. may be retained after their 18th birthday and will be discharged by their 21st birthday. Students who will be retained past the 18th birthday are: (i) violent or repeal offenders who have not completed the required minimum institutional length of slay; (ii) students who have not completed required minimum time assessed in a TYC administrative extended slay hearing; and (iii) any other student authorized by the executive director. (B) Beginning the month of his 18th birthday and every month after, each student retained to TYC is reviewed by a commiitee of professional staff in the program to which the student is assigned. The committee recommends to the executive director by letter either continued custody or discharge. The executive director will review and either approve or disapprove each recommendation. (2) Discharge before the ISth birthday. (A) Students may be discharged before their 18ih birthday under the following circumstances: (i) court ordered reversal of commitment; (ii) death ofthe studenl; (iii) sentencing to the Texas Department of Corrections;

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(iv) commitment to the Texas Department of Mental Health and Mental Retardation; and (v) enlistment in the military. (B) Early discharge for any other reason requires approval ofthe assistant executive director for child care. Source: The provisions of this §81.121 adopied to be effective October 31,1985. 10 TexReg 4090.

§81.122. through 81.128. [RESERVED]

§81.129. Placement of Students in Homes of Staff. (a) Policy. A Texas Youth Commission (TYC) student who requires an alternative parole placement may be placed in the home of the TYC staff member who has applied to provide a home for the student. Such placements are considered carefully and supervisors and parole officers counsel applying staff members about potential conflicts in their responsibilities. (b) Criteria. (I) Siaff members must receive the approval oftheir local chief administrator to apply for approval oftheir homes for parole placements.

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Revision No. 1 274.2 Ch. 81 GENERAL PROVISIONS 37 § 81.144.

(2) Parole officers use residential contract program certification requirements in approving staff members' homes for placement. (3) Under no circumstances are agency employees reimbursed by the agency for the care ihey provide lo students placed in their homes. Source: The provisions of this §81.129 adopted lo be efTective June 21, 1984. 9 TexReg 3125.

CASE MANAGEMENT SYSTEM FOR DEPENDENT AND NEGLECTED YOUTH Authority-: The provisions of these §§&!.141-81.147 issued under Acts 1979, 66th Leg., ch. 842, effective September 10. 1979 (Texas Human Resources Code §61.001 es seq.). unless otherwise noted. .

§81.141. Purpose. The. purpose of the case management system for dependent and neglected children is to ensure and support the planned management of individual student cases within the child care system ofthe Texas Youth Council. The case management system for dependent and neglected children provides definitions of terms and contains policies, procedures, and guidelines for the management of student cases for reception to the agenc>'. program assignment, administrative transfer, home visits, and discharge from the agency. Source: The provisions of ihis §81.141 adopted to be efTeciive June 24: 1980. 5 TexReg 2273.

§81.142. Definition of "Dependent and Neglected Child/' A dependent and neglected child (hereinafter referred to as D&N) is a child for whom the court has designated a managing or possessory conservator pursuant to a suit affecting the parent-child relationship under Texas Family Code Title 2. (See §81.61 ofthis title (relating to Definitions)). Source: The provisions of ihis §81.142 adopted to beefiective June 24. 1980. 5 TexReg 2273.

§81.143. Program Assignment. (a) Policy. (1) The Texas Youth Council shall assign dependent and neglected.youths to programs that will serve their best interests. (2) The goal of program assignment is to provide an environment conducive to the maximum physical, social, emotional, and intellectual adjustment and growth ofthe individual youth. (3) The appropriateness of institutional care or foster care shall be considered in making the assignments. (b) Guidelines. (1) All D&N youth under age 12 shall be considered for foster home placement by automatic referral to the foster care unit located in Waco. (2) All D&N youth, age 12 and older, can be considered for foster care if the caseworker believes such a placement to be appropriate and makes a referral to the foster care unit. . (3) D&N youth may be considered for D&N residential contract placement in cases where both fostercare and TYC institutional care are unavailable or unsuitable. (4) All D&Ns not assigned to foster care shall be assigned to the Corsicana State Home or the Parrie Haynes Youth Ranch. Source: The provisions of this §81.143 adopted to be effeaive June 24. 1980, 5 TexReg 2273. Cross References: This seciion cited in 37 TAC §81.144 (relating to Admission/Orienuition).

§81.144. Admission/Orientation. (a) Policy. Dependent and neglected youths shall be admitted to the Texas Youth Council in a manner that is as calm, orderly, and efficient as possible. Youths shall be oriented to facilities, programs, activities, and .expectations upon admission. The following procedure will govern the admission process. (b) Procedure—admission prerequisites. (1) The managing consersator must contact the D&N intake unit in Corsicana to obtain the application packet. (2) The managing conservator returns the completed package which must include: (.A) a copy of ail court orders and legal proceedings involving the youth; (B) a social history; (C) educational records; (D) a psychological evaluation; and

275 37 §81.144. TEXAS YOUTH COMMISSION Pt. Ill

(E) the D&N application form. (3) The intake unit will: (.A) compile ihe case information in an intake file; (B) select an appropriate D&N program for the youth following §81.143 ofthis title (relating to Program .Assignment); and (C) send the file to the selected D&N program. (Note: The youth may be referred directly to the foster care unit in Waco. For admission requirements, see the Foster Care Manual.) (4) The D&N program shall: (.A) decide whether to accept the youth in its program; (B) notify the D&N intake unit and the managing conser\'ator of its decision; (C) request additional information needed for admission (e.g.: medical and dental records, birth certificate); and (D) assign a caseworker for the youth. (5) The caseworker shall: (A) set up the student's master file; (B) assign the youth to a cottage; (C) prepare the staff to receive the youth; and (D) arrange with the managing conservator a preadmission visit. (6) Following the preadmission visit, the caseworker shall: (.A) ensure that the court orders are correct and legal; (B) design a service plan for the youth (IPP); (C) confer with the managing conser\Titor and the youth about the ser\'ice plan and make changes as needed; and (D) determine an admission date and notify the managing conservator and the D&N program staff. (7) The managing conservator has the responsibility to: (A) prepare the youth for admission; (B) present the youth's case to the local court if necessar>'; (C) confer with TYC staffand the youth about the service plan; (D) nolily' parents or other appropriate persons ofthe pending admission; and (E) transport the youth to the TYC placement. (c) The admission process. Generally, the orientation and admission process for D&Ns follows the child care program requirements. Source: The provisions ofthis §81.144 adopted to be effective June 24. 1980. 5 TexReg 2273.

§81.145. Transfer Policy. (a) A dependent and neglected youth may be transferred from one D&N program to another one if TYC child care staff believe it to be in his best interest. (b) A transfer request may be submitied by an individual youth. (c) If circumstances {e.g.: change in family situation, change in legal status) make it necessary or desirable to transfer a D&N youth from Corsicana to his home, an alternative placement, or residential contract placement, TYC shall either: (1) contact the managing conser\'ator if someone other than TYC (e.g.: DHR) and request a home study and placement super\'ision; or (2) make a home or placement study using TYC staffand provide appropriate placement. Such a placement must comply with the Interstate Compact on the Placement of Children. (See Chapter 101 ofthis title (relating to Interstate Compact on Juveniles)). (e) A D&N youth may not be transferred to a delinquent institution. However, if a D&N youth engages in delinquent conduct, the court of jurisdiction may be petitioned to have him committed to TYC as a delinquent under Texas Family Code Title 3. Source: The provisions ofthis §81.145 adopted lo be effective June 24. 1980. 5 TexReg 2273.

§81.146. Home Visits—Policy. (a) Dependent and neglected youths may be granted temporary leave for off-campus visits at the discretion ofthe child care staff. These visits shall be only for specific purposes that serve lo meet specific goals of service plans. (b) D&N youths shall be encouraged to make home visits to their families where possible, especially for holidays and during summer.

(c) These visits will be arranged by caseworkers and managing conservators to provide the opportunities for work toward resolving the problems that led to TYC placement. Soorce: The provisions of this §81.146 adopied to be effective June 24. 1980, 5 TexReg 2273.

' • I §81.147. Discharge. (a) Policy. . ' (1) A D&N youth may be discharged at any lime if it is determined the youth has received maximum benefit fiom the program or if the court has so ordered. | (2) When a youth under conservatorship of the Texas Youth Council reaches age 18, he is discharged from the responsibility of the agency as he is legally an adult at this time, I (3) The youth may choose to remain at the Corsicana State Home until age 21 under the following circumstances: (A) if he is a student (full or parttime) at an accredited or licensed college, university or college, vocational or technical school, business school, or any institution of secondary education; (B) if the Corsicana State Home has the available space for him; and (C) if he agrees to follow the rules of the Corsicana State Home. (4) A youth who chooses to leave the Corsicana State Home after age 18 and before age 21 caimot return there to live. (b) Procedure. (1) The caseworker shall write a discharge plan and review it with the youth, the managing conservator, aid appropriate resources that will have contact with the youth upon his discharge. I (2): The caseworker shall approve the plan, update the IPP and the student's master file, and determine whether a change in the youth's court order is necessary. | (3) If a change in court order is re^"''''^, TYC shall request that the managing conservator petition the court for release of conservatorship. If is the managing conservator, TYC shall petition the court for release of conservatorship. (4) Upon receipt of the needed change in the court order, the youth will be discharged and the necessary forms will be filed in the student's master file, the caseworker*s file, the DHR file, and the Central Office file. Source: The provisions ofthis §81.147 adopted to be effective June 24. 1980, 5 TexReg 2273.

RELATIONSinPS WITH OTHER AGENOES Authorit}': The provisions ofthese §§81.171-81.173 issued under .Acts 1979. 66th Leg., ch. 842. effective September 10, 1979 (Texas Human Resources Code §61.001 et seq.).

§81.171. Commitment to Mental Health Facilities. The Texas Youth Council shall seek admission to the Texas Department of Mental Health and Mental Retardation (TDMH/ MR) for TYC students who are in need of treatment for mental illness. Source: The provisions of this §81.171 adopted to be effective June 24, 1980, 5 TexReg 2273,

§81.172. Commitment to Vernon Drug Treatment Center. The Texas Youth Council shall seek admission to the Vernon Drug Treatment Center operated by TDMH/MR for TYC students who are in need ofthe specialized treatment provided there. Source: The provisions of this §81.172 adopted to be effective June 24, 1980. 5 TexReg 2273.

Pl.173. Referral of the Mentally Retarded Delinquent to MH/MR; (a) TYC shall provide information lo judges or probation officers upon request regarding appropriate disposition of youth who are found to have engaged in delinquent conduct and who may be mentally retarded. (b) TYC shall refer to TDMH/MR through the committing court mentally retarded student committed to TYC. Source: The provisionsof this §81.173 adopied lo be effective June 24. 1980. 5 TexReg 2273.

CONTROL OF YOUTH Authorit)'; The provisions ofthese §§81.191-81.197 issued under Acts 1979. 66th Leg., ch. 842. efTeciive September 10. 1979 (Texas Human Resources Code §61.001 ct si-i{.).

277 37 §81.191. TEXAS YOUTH COMMISSION Pt. HI

§81.191. Escapes. (a) Policy. When a youth in the custody of the Texas Youth Council leaves TYC property, contract placement, or any designated location without staff permission, he shall be defined as an escaped student TYC staff shall notif^' appropriate persons of escapes and take appropriate action to apprehend escapees. (b) Procedures. (1) Definitions. See §81.61 ofthis title (relating to Definitions) for definitions of escape and attempted escape. (2) Notification of escape. (A) Police and other law enforcement agencies. (i) When it is determined that a student has escaped, the local authorities shall be notified immediately, (ii) If the student has not been apprehended by the following day, the standard directive form shall be issued to alert police and other appropriate law enforcement agencies (i.e.: sheriffs departments, constables, etc.) ofthe escape. (iii) In addition to the directive, the local sheriffs department shall be requested lo register the notice statewide on the National Crime and Information Center (NCIC) computer to which all levels of law enforcement have access. (B) Appropriate persons other than law enforcement. Within 24 hours ofthe student's escape or apprehension following escape, the student's family, the student's parole officer(s), the student's probation department, the student's managing or possessor>' conservator or both (if D&N). and the community resource specialist (if residential contract program) shall be notified as outlined in the special notification procedures for incident reporting, §81.221 ofthis title (relating to Incident Reporting). (3) Use of facility staffand vehicles to search for escapees. Each TYC facility will have written procedures, for the use of staff, vehicles, and time during a search for escapees. (4) Liaison to family and authorities. The parole officer or the DHR caseworker (if DHR is the managing conservator for a D4&N student) shall work with the authorities and family in order to apprehend and return the student. (5) Place of return. (.A) TYC institutional programs. When a student is apprehended following an escape, that student is to be relumed to ihe institutional program from which he escaped. (B) TIC halfway house. When a student is apprehended following an escape, that student may be either (i) returned to the halfway house from which he escaped; (ii) placed in a juvenile detention facility if a transfer board hearing is scheduled and criteria in §81.85 ofthis title (relating to Use of Detention for Parolees) are followed. (C) Residential contract placement. When a student is apprehended following an escape from a residential contract placement, that student is to be returned to the placement from which he escaped unless the student committed a crime against persons or property while on escape or the contract facility refuses to accept the student back in the program. In such cases, the student may be reassigned as arranged by community resource specialist following apprehension. (6) Return transportation and supervision. Once the studenl is apprehended, it is the responsibility ofthe program fi-om which he escaped to provide return transportation and supervision. (7) Return examinations at institutions. (.A.) Delinquent institutions. Upon the student's return, he may be given a medical examination or placed in security or both, if it is deemed necessary. (B) Di&.N institutions. Upon the student's return he may be given a medical examination if it is deemed necessary, and shall be returned to cottage as soon as possible. Source: The provisions of this §81.191 adopted 10 be efTective June 24. 1980. 5 TexReg 2273.

§81.192. Use of Restraints. Restraint, physical or mechanical or both, shall be used only within established guidelines. Restraint may never be used as punishment. The following guidelines shall be used: (1) In defending persons or property, the threat to persons or property must be imminent and substantial. Physical restraint/force of a TYC student by a TYC staff member is justified only to the extent reasonably necessary: (.A) 10 defend oneself; (B) to protect the student from harming himself; (C) to defend third persons: (D) lo prevent a student from escaping; or (E) to prevent substantial destruction of property. (2) Mechanical restraint of a TYC student by TYC staff is justified only:

278 CopyrightC IWi! Stair ol'Te.sas and Han Information Systems. Inc. Ch. 81 GENERAL PROVISIONS 37 § 81.193.

(A) when the youth is being transported by TYC staffand: i (i) he has a history of escapes; !' (ii) a history of violent behavior; or j' (iii) actions of the youth prior to or during transportation lead staff to beUeve that the, youth will attempt to escape or engage in violent behavior or both; or (B) to prevent: ' (i) student self-injury; I (ii) injury to third parties; or (iii) damage lo property. (3) When mechanical restraint is applied, there must be constant visual supervision ofthe youth by a TYC staff member. (4) When circumstances permit, assistance from law enforcement agents may be requested in effecting restraint. (5) Restraint, physical or mechanical or both, may be used only for the period oftime necessary to prevent escape or violent behavior or both. ]• (6) All situations requiring the use of physical or mechanical restraint or both shall be thoroughly documemed. i (7) All field staff will receive training in the appropriate use of physical and mechanical restraint. (8) Only approved mechanical restraint equipment provided by TYC will be used by staff members. I Source: The provisions of this §81.192 adopted to be effeciive June 24. 1980^ 5 Texiieg2273.

§81.193. Search. (a) Policy. Designated staff may conduct the physical inspection (search) of a TYC student or a student's room in a TYC residential facility for the purpose of exposure and seizure of any concealed weapon, any item that may be used as;a weapon, or any other article that the student is not authorized to possess. i. (b) . Procedures. (1) Search of youth. Search of a TYC youth by a staff member is justified for the protection of the youth, staff member, and third parties in the following circumstances: i (A) a youth is being transported by TYC staff; i (B) there is probable cause to believe that the youth.has in his possession any article that he is not authorized to possess, including weapons or any item that may be used as a weapon; or (C) a youth is being admitted to a detention fecility or any designated placement. (2) Removal of clothing. Strip searches may be conducted when a student arrives at a residential program followioig initial commitmeni, an unauthorized absence, or transfer to a more secure facihty. .Also, when a search of outer clothing is not sufficient to discern possession of a weapon or any other unauthorized articles and there is probable cause lo believe that possession of such articles poses imminent danger, the clothing of the youth may be removed to facilitate the search. Such removal of clothing shall take place in a private setting that aids in the avoidance of unnecessary force, embarrassment, or indignity to the youth. Body cavity searches are permissible only on probable cause and shall be conducted only by medical personnel. j; (3) Authorized staff. Searches are to be conducted with respect to gender in that male TYC staff may only search male TYC students and female staff may only search female students. Police, other law enforcement officers, detention workers, and duly designated agents ofthe court may assist TYC staff in such a search if necessary., (4) Room searches in residential facilities. TYC residential facilities staff may conduct unannounced room searches. (.A) Upon arrival/orientation to the facility, the resident shall be informed that room searches will be held, i;. (B) Two staff members must be in attendance for all room searches. (C) Searches are to be conducted no more frequently than necessary to control possession by youth of unauthorized items or to recover missing or stolen property. [j (5) Approval. When circumstances permit, staff shall .review need and gain approval for a search from immediate supervisors (e.g.: prior to transportation). I' (6) Documentation. Room searches, searches of students being admitted to facilities, and searches of youths after visitation which are routinely conducted at facilities do not require documentation unless unauthorized items are seized from a youth. Searches under any other circumstances shall be documented. Any time unauthorize

279 37 §81.193. TEXAS YOUTH COMMISSION Pt. Ill

advocate delinquent subcultural values shall be either destroyed or forwarded to the student's parents or managing conservator, al the student's option. Other items seized may be returned to the student upon release from the residential program (see §81.11 ofthis title (relating to Student Rights)).

Source: The provisions of this §81.193 adopted to be effective June 24, (980. 5 TexReg 2273.

§81.194. Rules of Conduct. (a) Policy. (1) Texas Youth Commission (TYC) facilities and programs maintain student discipline to the extent necessary to keep order and provide a safe and constructive environment for youth in the care and custody of TYC. (2) Discipline is used for instruction and training and not simply for regimentation or punishment (b) Student Rules. (1) there are rules that apply to you at the half-way house or the training school. You will be expected to follow the rules of discipline and conduct. The staff will help you understand the rules and help you follow them. (2) Behaviors that will not be permitted at a TYC facility and the consequences for these behaviors are: (.A) Behavior: assault on another student or staff. Consequences: be placed in security or detention. If you cause bodily injury, you could be referred to court for adult certification or be reclassified as a violent offender. Reclassification extends your stay for a minimum of 12 months and may include your transfer to Giddings, (B) Behavior: escape or attempt to escape. Consequences: be placed in security or detention. (C) Behavior: destruction of property, including your own. Consequences: be placed in security or transferred from a halfway house lo an institution; be required to complete a work contract. (D) Behavior possession of items which can be used or be made to use as a weapon. Consequences: be placed in security or detention; be transferred from a halfway house to an institution. (£) Behavior: possessing or using contraband items. Consequences; be confined lo your dormitory or halfway house for 24 hours; have items taken by staff for return to your home or destruction. Contraband is alcohol, drugs, inhalants, narcotics, posters or clothing picturing drug or sex cultures, obscene language, or disrespect to other people. (F) Behavior stealing property from staff, the slate, the community, or another student. Consequences: lose privileges; be confined to your dormilor>' or halfway house. (G) Behavior: gambling. Consequences: lose trust fund privileges for two weeks. (H) Behavior significant disruption of any TYC program. Consequences: be placed in a security or be transferred from a halfway house to an institution. (I) Behavior failure to follow the dress code. Consequences: lose privileges to participate in a special activity either on or off campus. (c) Appeals. You have the right to appeal any disciplinarv action you believe to be unjust. You will have a hearing before you are transferred to another facility or reclassified. You have the right to have witnesses for your defense at the hearing. (d) Other rules. (1) Other rules you are expected to follow are posted in the program areas. These rules are necessary for group living or group learning. (2) These rules are written by a facility staff. You may have input to the rules through the Student Council. (3) The consequences are loss of privileges for a short period of lime or for as long as two weeks. (4) You have the right to file a grievance if you feel you were unjustly disciplined. (e) .Monitoring. The use and content ofthese rules is monitored by central office staff.

Source: The provisions of ihis §81.194 adopied to be effective Januarv-4.1985. 9 TexReg 6437.

§81.195. Student's Use of the Telephone. (a) Policy. The Texas Youth Council shall encourage youths to maintain contact with their families by affording them reasonable access to telephone usage. (b) Guidelines. Each TYC facility shall maintain procedures for student's use of the telephone in compliance with the following guidelines: (1) Students shall be entitled to two collect telephone calls per month. (2) Students may make calls during hours that do not conflict with required studenl activities (e.g.: school, group meetings). (3) Students may receive all their incoming calls when they do not interfere with required student activities. In instances when students are unable to come to the telephone, messages shall be taken for them.

280 Ci/iiyrigbi © lvS5 Stale of Tc.\as andlfan Information 5.ii(mrj. Inc. Ch. 81 GENERAL PROVISIONS 37 § 81.197.

(4) TYC staff may limit or restrict students' use of the telephone as necessary- for programmatic reasons. Restrictions may include staff placing the calls on the students' behalf but may not include denying them their two monthly calls. (5) Staff will make efforts to ensure students' privacy when talking on the telephone. Staff members are noi to listen to the content of students' conversations. ' Authorit)': The provisions of this §81.195 issued under .Acis 1979. 66th Leg., ch. 842, effeciive September 10, 1979. as amended (Texas Human Resources Code §61.034). Source: The provisions of this §81.195 adopied to be eflective June 24, 1980, 5 TexReg 2273; amended to be effective May 6. 1982, 7 TexReg 1639.

§81.197. Commnnity E>etention. I (a) Policy. The Texas Youth Commission may make use of community detention facilities to hold its students with the" consent of local authorities as allowed by the Human Resources Code, §61,037. The Texas Youth Commission will utilize community detention facilities in a manner consistent with local policies and the Texas Family Code. i (b) Definitions. The following words and terms shall have the following meanings unless the context clearly indicates otherwise. (1) Detention—The temporary care of TYC students in physically restrictive facilities pending a parole revocation hearing, transfer to another facility, or return to a TYC facility from escape. (2) Place of detention—A facility certified by the judge and juvenile board as suitable for the detention of children in accord with Title 3, Texas Family Code. . (c) Standards. (1) Students are not placed in detention for the purpose of punishment. ' (2). Community facilities must allow TYC reasonable access to the detained studenl. (3) The TYC retains authority over the student unless it receives notice from a local prosecutor that criminal or delinqueni charges have been filed. (4) The TYC staff visit detained students daily where possible. No more than three days may pass without a visit by the parole officer or other designated staff. ' (5) The TYC provides detention facilities with office and home telephone numbers of staff to contact about handling detained students. (6) The TYC administrators report to central office monthly on their use of communily detention facilities. (7) The TYC staff provide documentation to local authorities when requesting the use of detention. (d) Criteria. A studenl may be detained when there is probable cause lo believe the student engaged in delinquent conduct or conduct indicating a need for supervision. The criteria for detention are: (1) the student is likely to abscond and not appear at a revocation or transfer hearing; j (2) suitable supervision, care, or protection for the student is not being provided by the parent or guardian; (3) the student is accused of committing a felony offense and may be dangerous to himself or oihers if released. (e) Procedure. I (1) Call the local TYC parole officer if you believe a youth in your custody is a TYC student and you have admitted the student to detention. (Person responsible: community detention staff) | (2) Upon notification that a studenl is in a local detention facility, the TYC parole officer will do the following: (A) confirm the student is under TYC authority; (B) notify the TYC facility to which the student is assigned ofthe detention and the allegations regarding the student's behavior; (C) attend the detention hearing if one is held by local authorities; (D) if a hearing is set, decide whether to have the studenl held until the hearing. See criteria in subsection (d) of this seciion. (i) If the TYC parole officer determines the student did not commit any offenses or is from an institution, and local authorities have not ordered the student's detention, TYC staff will arrange for immediate return to his regular program. j (ii) If there is probable cause to believe he committed an offense and is not from an institution; hold a detention review no later than two working days after the student is taken into custody. Decide whether a hearing (revocation or transfer) is needed. If so. schedule it. (E) if further detention is allowed and approved by local authorities, make both an oral and written request to the local facility to continue holding the student; (F) if further detention is not allowed, release the student to a responsible party who will make sure the student attends the hearing or request a temporar>' admission lo a state school until the hearing. (3) TYC staff will follow the timetables as follows for students being held in community detention facilities. Any exceptions require written approval ofthe appropriate central office department head. If local time frames are less than those listed as follows, they will apply and be met by TYC staff.

Revision No. I 281 37 §81.197. TEXAS YOUTH COMMISSION Pt. Ill

(.A) Parole students. (i) From the time the student is taken into custody until a detention review conference is held, maximum time allowed is two working days. If a detention hearing is held by local authorities, this will suffice. (ii) Maximum total time a student may remain in community detention is 10 days. If a student is to be held longer than 10 days a detention hearing must be held on or before the lOlh day. (iii) From the time the student is revoked from parole until TYC takes him to new placement, maximum time allowed is two days. (B) Halfway house students. (i) From the time the student is put in detention until transfer board hearing, maximum time allowed is two working days. (ii) From the time the studenl is reviewed until TYC takes him to new placement, maximum time allowed is two days. (iii) Maximum total time the studenl may slay in communily detention is two working days. (C) Institution students. From the time the student is put in detention until the school picks him up, maximum time allowed is two working days unless a detention hearing is held and his detention is ordered by local authorities.

Source; The provisions of this §81.197 adopied to beeffective July 4, 1985, 10 TexReg 2077.

§81.198. Dress Code.

(a) Policy. (1) The purpose of the dress code is to provide a standard for acceptable dress and grooming. (2) This dress code applies to off-campus trips, the school, and lo campus church activities. Cottage and recreational activities dress code is casual and in accordance with the activity. (b) Rules. (1) Dress. {.\) Studenl clothes should be clean and appropriate al all limes (underwear must not show and must be worn). (B) Writing, patches, and embroider>' should not signify' anything about drugs, sex, obscene language, or show disrespect to any group or class of people. (C) See-through clothing may not be worn except with appropriate garments underneath. (D) Girls are expected to wear brassieres. (E) Pants must be worn as tailored. Jeans and cotton denim pants may be faded but in good repair. Bottoms or hems of jeans should not be frayed more than '/: inch. The length ofthe pants should not be longer than the botiom ofthe heel. (F) Colored t-shirts may be worn to school. (G) Students may unbutton the shirt one button from the collar button. (H) Dress shirts with tapered tails should be worn tucked in at school. (1) Tank lops may not be worn to school. Students may not wear sleeveless shirts. Blouses and shirts designed to be worn over the pants or skirt will meet the bands and look decent in all postures, i.e., no stomachs showing. Halters may not be worn to school but may be worn on the dorm if the brassiere does not show. (J) Studenl clothing should look good with particular body build. (K) Skirt length should be no shorter than the extended hand above the knee. (L) Shoes should be worn to school at all times. Tennis shoes with holes or that are torn may not be worn to school or church. Rubber thongs may not be worn to school but street thongs may be worn. (M) Sandals without socks may be worn during the summer monihs. (N) Hals or head gear may not be worn in the school building. (O) Students are not allowed to pierce ears or other parts ofthe body. If the ears are to be pierced, it will be done by a licensed practitioner and prior writien parental permission must be obtained. (P) Boys may not wear earrings. (2) Hair. (.A) Hair should be clean and well-groomed and out of the eyes. Boys' hair may extend no lower than the collar of a dress shirt in the back or past the ear lobes on the side. (B) Bandanas may not be worn. (C) Students may wear hair braided or in com rows.

Revision No. I 282 Copyright e 1986 State of Texas and Han informaiion Systems. Inc Ch. 81 GENERAL PROVISIONS 37 § 81.222.

(D) Student should be clean shaven. Source: The provisions of this §81.198 adopted to be effective February 15. 1985, 10TexReg403.

RECORDS AND REPORTS Authority: The provisions ofthese §§81.221-81.225 issued under Acts 1979. 66lh Leg., ch. 842, effective September 10, 1979 (Texas Human Resources Code §61.001 el seq.). Cross Refereocea: These sections cited in 37 TAC §93.65 (relating lo Confidenliality).

§81.221. Incident Reporting (a) Policy. Serious incidents shall be reported to ensure that the agency meets its legal and moral responsibilities. The following incidents must be reported: escape, assault, death, attempted suicide, critical injury, destruction of property, use of force or restraints, allged abuse or neglect, and arrest (see §81.61 ofthis title (relating to Definitions)). (b) Special notification. (1) Executive director In the event of a student's death, the executive director is to be immediately notified. (2) Law enforcement. Respective program administrators shall contact local law enforcement authorities when necessar\' for investigation of incidents which may be of a criminal nature. (3) Parents or legal guardians, TYC liaison staff, probation departments, managing and/or possessory conservators. The student's family, the student's parole officer(s). the student's committing probation department, the student's managing or possessory conservator or both, and the communily resource specialist (if residential contract program) are to be notified of a student's escape or apprehension following escape from a TYC- authorized placement, serious injury, or death. (4) Department of Human Resources. The Licensing Division of DHR must be notified within 24 hours or the next working day when any child in TYC's conservatorship, any child placed in a residential contract placement, or any child in a TYC delinquent instiiution or camping program is involved in a life-threatening accident, suicide attempt, incident of cruel or abusive treatment, death, disasters, or emergency situations. Any case of suspected abuse or neglect involving a child in TYC's conservatorship, a child in a residential contract placement, or a child in a TYC delinquent institution or camping program must be reported to DHR immediately. Source: The provisions of this §81.221 adopted lo be effective June 24. 1980, 5 TexReg 2273. Cross References: This seciion cited in 37 T.A.C §81.191 (relating to Escapes); and 37 TAC 95.231 (relating to incident Reporting).

§81.222. Death of a Student. (a) Policy. The Texas Youth Commission immediately notifies law enforcement and the family ofthe death of a studenl. The agency cooperates fully with any external investigation and conducts an internal investigation into the circumstances ofthe death. (b) Procedure. (I) Notification. (A) Immediately notify your parole supervisor (PS), group home coordinator (GHC), halfway house superintendent, or instituiion superiniendent ofthe death of a student. (Person responsible: any staff member.) (B) Immediately report the death to the local law enforcement officials if they do not know of it already. (Person responsible: PS, GHC, or superintendent.) (C) Immediately notify the student's family if they do not already know ofthe death. Tell them in person if possible. (Person responsible: chaplain, caseworker, or parole officer.) (D) Do not move the body unless it is obstructing traffic or will be damaged or lost if not moved. (Person responsible: any staff member.) (E) Immediately call your central office department head. If the departmeni head is unavailable, call the assistant executive director for child care (.AED), deputy director, or executive director. (Person responsible: PS, GHC, or superiniendent.) (F) Report as much as you know about the death. (Person responsible: PS, GHC, or superintendent. (G) Immediately call the director of community/special services. (Person responsible; administrator of parole/RCP or administrator of halfway houses.) (H) Immediately call the assistant executive director for child care. (Person responsible: director of institutions or director of community/special services.) (I) Immediately notify the executive director and the board liaison. (Person responsible: .AED.) (J) Contact the board members and apprise them ofthe death. (Person responsible: board liaison.) (K.) Forward information to board members as it becomes available. (Person responsible; board liaison.) Revision No.l 282.1 37 §81.222. TEXAS VOUTH COMMISSION Pt. HI

(1.) Work with the medical examiner and the family as needed to arrange an autopsy. (Person responsible: PS. GHC, or superintendent.) (M) .Make a written request to the medical examiner for a copy ofthe autopsy. (Person responsible: PS, GHC, or superinlendeni.) (N) Make sure a copy ofthe autopsy is sent to the chief of counseling. (Person responsible: PS, GHC, or superintendent.) (2) Reporis. (.\) Investigate the circumstances ofthe death. (Person responsible: PS, GHC, or superintendent.) (B) Complete the following child care system (CCS) forms using your child care information systems (CCIS) manual for inslruclions. (Person responsible: PS. GHC, or superinlendeni.)

(i) CCS-047, discharge report. For cause of death, fill in the apparent cause if known at this time. Under "remarks," explain the circumstances ofthe death. (ii) CCS-021 (institutions) or CCS-150 (halfway houses and parole), incident repon. (C) Send the forms and the student master file to your central office department head so it arrives in the central office the next working day. (Person responsible: PS, GHC, or superintendent.) (D) Notify the siaff who have student's master file to send the file to central office so it also arrives the next working day. (Person responsible: PS, GHC, or superintendent) (E) Begin an office of youth care investigation (OYCI) if needed. See GOPP 90.45.020. (Person responsible: PS, GHC, or superintendent.) (F) Review the student master file and send it to the AED the next working day. (Person responsible: director of institutions or director of community/special services.) (G) Review the master file and send it to the chief of counseling for investigation. (Person responsible: AED.) (H) Write a studenl death summary- report. (Person responsible: chief of counseling.) Include: (i) student identifying information; (ii) circumstances of death; (iii) committing offense; (iv) previous referrals and offenses; (v) previous placements and adjustments; (vi) social history summar>'; and (vii) conclusions. (I) Send the discharge report, CCS-047 to data processing. (Person responsible: chief of counseling.) (J) Ensure the automated discharge letter is not sent to ihe family. (Person responsible: data processing departmental clerk.) (K) Send the report to the .AED within two working days of receipt of the master file. (Person responsible: chief of counseling.) (L) Send copies ofthe report to the executive director and board liaison. (Person responsible: AED.) (M) Send consolences on behalf of the agency and the student's last placement program. (Person responsible: executive director.) (N) Send copies of the student death summary report to the board members. (Person responsible: board liaison.) (O) Send the autopsy results and police reports to the chief of counseling as soon as available. (Person responsible: PS, GHC. or superiniendent.) (P) Place the autopsy and police reports in the master file. (Person responsible: chief of counseling.) (Q) Update the CCS-047 for official cause of death and send it to data processing. (Person responsible: chief of counseling.) Source: The provisions ofthis §81.222 adopied to be efTeaive June 21, 1984, 9 TexReg 3126; amended to Ix effective Februar>' 15. I9S5. 10 TexReg 402.

§81.223. Access to Student Records. (a) Policy. In accord with the confidentiality rules ofthe Family Code, Title 3 and the Human Resources Code, §61.073, the Texas Youth Commission (TYC) limits access to all student records. Student master files are marked "confidential" and kepi in locked facilities. (b) Procedure. (1) Ensure that files or records on individual students are open to inspection only by (Person responsible: all staff.) (.A) the professional staff or consultants ofthe agency or the inslilution; (B) the judge, probation officers, and professional staffer consultants of the juvenile court; (C) an attorney for the child; (D) with leave of the juvenile court, any other pwrson, agency, or instituiion having a legitimate interest in the work ofthe agency or institution; or (E) the Texas Department of Corrections, for the purpose of maintaining statistical records of recidivism, and for diagnosis and classification (Family Code, Texas Civil Statutes §51.14(b). (2) Maintain a record in each file of people other than TYC staff who see information from a studenl master file. Include what has been seen or copies by each, and a copy of the authorization for access. (Person responsible: clerical staff.) (3) Refer people who request information on discharged students to the records custodian in the central office. (Person responsible; all staff.) (4) Respond to such requests in accordance with current laws and TYC policies regarding confidentiality of such records. (Person responsible: records custodian.) Revision No. 1 283 37 §81.223. TEX.AS YOUTH COMMISSION Pt. Ill

(5) If the record has been sealed by court order, respond that the TYC has no record of that student. (Person responsible: records custodian.)

Authority: The provisions of this §81.223 issued under .Acts 1979. 66ih Leg., ch. 842. effective September 10, 1979, as amended {Texas Human Resources Code §61.034).

Source: The provisions of this §81.223 adopted to bectTective June 21. 1984. 9 TexReg 3126.

§81.224. Control of Identifying Information. The Texas Youth Council shall control all informaiion that identifies students individually in accord with confidentiality rules ofTexas Family Code Title 3.

Authority': The provisions ofthis §81.224 issued under Acts 1979. 66lh L.eg., ch. 842, effective September 10. 1979, as amended (Texas Human Resources Code §61.034).

Source: The provisions ofthis §81,224 adopted to be effective June 24, 1980, 5 TexReg 2273; amended to be effeciive Mav 6, 1982. 7 TexReg 1640.

§81.225. Student Records—Location and Security. Each youth in TYC's care shall have a student master file, which shall contain accurate and complete information, and shall be stored and transported so as to ensure security and confidenliality. Studenl master files must remain in the custody and conirol of authorized TYC personnel at all times.

Source: The provisions ofthis §81.225 adopted to be effective June 24, 1980, 5 TexReg 2273.

§81.251. Transfer Hearings. (a) Policy. Texas Youth Commission institutions, halfway houses (HWH), parole areas, contract programs, Corsicana Residential Treatment Center (CRTC), and group homes use a standard procedure for providing transfer hearings for students in compliance with the case management system for delinquents, GOPP 90.43.040 (§81.115 ofthis title (relating to Transfer)), (b) Procedure. (1) Calling the hearing. (.A) Notify the superintendent or area supervisor if a hearing is necessary. (Person responsible: parole officer, caseworker, youlh program super\'isor. or community resource specialist (CRS)) (B) Consult the director of community/special services and order the hearing held if necessar>'. (Person responsible; halfwav house superintendent, area parole super\'isor (.APS), or group home coordinator (GHC) or CRTC superintendent) (C) Designate a staff member to manage the hearing and make the decision. This person may be any staff member except the one who requested the hearing or who will present evidence at the hearing. (Person responsible: superintendent, APS. or GHC) (D) .Appoint a staff representative to prepare the allegations, gather evidence, and present the case at the hearing. This may also be any staff member, preferably someone familiar with the student's case. (Person responsible: superintendent. APS, or GHC) (2) Prehearing procedures. (A) Begin the hearing checklist. Form 90.48.010(A). (Person responsible: staff representative) (B) Determine the site ofthe hearing. It should be: (Person responsible: hearing manager) (i) where the studenl is located; (ii) al a place convenient for witnesses and other participants; or (iii) at any other place which conditions may make necessary. (C) Set the time ofthe hearing. It must be at least 24 hours and no longer than 10 days after all notices are given. (Person responsible: hearing manager) (D) Draft the allegations and your recommended action if ihe allegations are proven at the hearing. They do not have to be in legal or technical form. (Person responsible; staff representative) (E) .Attach the allegations to the student notice of hearing. Form 90.48.OlOB. (Person responsible: staff representative) (F) ,At least 24 hours before the hearing; (i) complete and give lo the student the studenl notice of hearing. Form 90.48.010B, with attached allegations. (Person responsible: staff representative) (ii) arrange an advocate for the student. Use Form 90.48.010(B) signed by the student. (Person responsible: hearing manager)

Revision No. i 284 Copyrig/lt e !^6 .state of TCVOS and Han lnf(jrmaiion Systems, Inc. Ch. 81 GENERAL PROVISIONS 37 § 81.251.

(I) Give great weight to the student's choice of an advocate. It is preferable that this is someone other than a TYC staff member such as a volunteer or other adult friend of the student. (II) If more than one student is involved, you may appoint an advocate for each studenl. (iii) call the student's parent, guardian, managing conservator, or responsible adult and read the family notice of hearing. Form 90.48.010(D). Document call on hearing checklist 90.48.010(A). (Person responsible: dormitory director, APS, family services caseworker, HWH superiniendent, caseworker super\isor, or other staff member responsible for family contacts) (iv) on the same day, mail the family notice of hearing form. If you are unable to reach them by telephone, this will suffice for notice ofthe hearing. (Person responsible: staff representative). (v) give the following to the student advocate: (Person responsible: staff representative) (I) advocate notice of hearing. Form 90.48.010E; (II) . access to any documents relevant lo the hearing; and (III) a copy ofthis hearing procedure. (G) Send a copy of each notice lo the student's file. (Person responsible; staff representative) (H) Request an extension ofthe 10-day limit from the superintendent, APS or GHC if you have good cause for a delay. Give the notices again if the date or time ofthe hearing changes. (Person responsible: hearing manager) (I) Gather evidence and materials supporting the allegations. (Person responsible; staff representative) (3) Fact-finding phase. (A) Tape record the proceedings. (Person responsible; hearing manager) (B) Introduce those present at ihe hearing. (Person responsible: hearing manager) (C) Explain the purpose ofthe hearing. (Person responsible; hearing manager) (D) Read one allegation and ask the student to plead "true" or "not true." If the student refuses to plead, assume that the plea is "not true." (Person responsible: hearing manager) (E) If the student pleads "true." read the next allegation. (Person responsible; hearing manager) (F) If the student pleads "not true," present evidence and witnesses on the allegation. (Person responsible; staff representative) (G) Exclude irrelevant or repetitious evidence. Rules of evidence do not apply. (Person responsible: hearing manager) (H) Question the witnesses. (Person responsible: hearing manager, staff representative, student, and student advocate) (I) Control questioning to see that it does not become abusive, irrelevant, or repetitious. (Person responsible; hearing manager) (J) Present the student's evidence and witnesses. (Person responsible: studeni or student advocate) (K) Summarize your evidence, your witnesses' statements, and your posiiion on this allegation. (Person responsible: staff representative, then student advocate) (L) Decide whether the allegation is true. Base your decision on whether the weight and credibility of the evidence is enough to overcome a presumption of innocence and weigh in favor of guilt. (Person responsible: hearing manager) (M) Repeat steps outlined in subparagraphs (D)-(L) ofthis paragraph until you have decided each allegation. (Person responsible: hearing manager) (N) If no allegations are proven, adjourn the hearing and go to paragraph (6) of this subsection. (Person responsible: hearing manager) (O) . If one or more allegations are proven, announce the findings, and proceed to paragraph (4) of this subsection. (Person responsible; hearing manager) (4) Disposition phase. (A) Explain disposiiion criteria. See GOPP 90.43.040 (§81.115 ofthis title (relating to Transfer)). (Person responsible: hearing manager) (B) State recommendations or alternatives. (Person responsible: All hearing participants) (C) Discuss the case. (Person responsible; all present) (D) Guide the discussion so that it is relevant to the disposition criteria. (Person responsible: hearing manager) (E) Summarize positions. (Person responsible; in this order staff representative, student advocate, oihers, then studenl) (F) Decide what disposiiion to make and announce the disposition. If the decision is to transfer, then: (Person responsible: hearing manager) (i) Advise student of the right to appeal to the executive director. See GOPP 90.45.030 for procedures. (Person responsible: hearing manager) Revision No.l 284.1 37 §81.251. TEXAS YOUTH COMMISSION Pt. Ill

(ii) .Adjourn the hearing. (Person responsible: hearing manager) (5) Moving the student. (A) If the decision is to transfer and Ihe student: (Person responsible: staff representative) (i) has never been in a TYC instituiion or his last placement was in Giddings. call the medical/ psychiatric caseworker at the Statewide Recepiion Center for a placement assignment; (ii) was previously in an institution other than Giddings, call the institutional parxjle officer at the last institution to arrange placement there: or (iii) is to be transferred from parole or RCP to a halfway house, call the administrator ofthe halfway house program. (B) Arrange transportation. (Person responsible: staff representative) (C) Prepare a memo summarizing the hearing and slating the decision. Send it to the receiving program with the studenl. (Person responsible: hearing manager) (D) Update all documents, enter in Program and Youth Management Informaiion System, and send the file with the student lo his program. (Person responsible: sending facility slat^ (E) Do not admit the studenl to the regular program if Ihe transporter does noi bring the file. Keep the studeni in an orientation program until the file arrives and you can design the appropriate program. (Person responsible: receiving staff) (6) Hearing report. (A) Draft the hearing repon using this format; (Person responsible: hearing manager) (i) a statement of facts shown by the evidence received and the sources of such facts; (ii) a summation ofthe evidence relied upon in reaching the decision; and (iii) a statement ofthe disposiiion and the reasons for it, based on the disposition criteria. (B) Send copies of the repon within five working days of the hearing to: (Person responsible: hearing manager). (i) the superintendent, area supervisor, or group home coordinator. (ii) administrator of parole, adminislrator of halfway houses, or director of community/special services. (C) Send a copy ofthe report to these people if they request one: (Person responsible: hearing manager) (i) the student; (ii) the student's advocate; (iii) the student's family; and (iv) the staff representative. (D) Send the report and a list of persons who received copies to the student's casework subfile. (Person responsible: staff representative) (E) Keep the tape recording and a copy of any documents used in the hearing for six months. (Person responsible: superintendent, group home coordinator, or area parole supervisor) Source: The provisionsof this §81.251 adopted to be effective June 27, 1985. 10 TexReg 1983.

§81.267. Special Precaution Students. (a) Policy. The Texas Youth Commission identifies upon intake those students who require special precaufions. Program staff are alerted to this need by use of color coded case files. (b) Procedure. (1) Reception center suicide alert. (.A) Complete a menial health assessment at the time of admission. (Person responsible: nurse) (B) Immediately notify dormitory staff if the student responds positively to the suicide assessment. Document on CCS-025. (Person responsible; nurse) (C) Record notification in the daily shift log. (Person responsible: dormitory staff) (D) Complete Section I of the suicide alert form (9O.5I.060A) for an identified student. (Person responsible: nurse) (E) Forward suicide aJen form to psychologist. (Person responsible: nurse) (F) Review the committing county informaiion of an identified student within 48 hours of admission. (Person responsible: psychologist) (G) Complete Pan II of suicide alert form (90.51,060.A). Forward to psychiatrist. (Person responsible: psychologist) (H) Interview ihe student within seven days of admission. (Person responsible; psychiatrist) (1) Place on suicide alert a student who: (person responsible: psychiatrist) (i) has atiempted a suicide which resulted in hospitalization;

Revision No. 1 284.2 CopyTighl © 19S6 State ofTexas and Han Information Systems. Inc. Ch. 81 GENERAL PROVISIONS 37 § 81.267.

(ii) has attempted or made suicidial gestures within the past 12 months; (iii) has suicidial ideation within past 12 monihs; or (iv) evidences severe depression. (J) Complete Pan III of suicide alert form and forward to the nurse, (person respmnsible: psychiatrist) (K) Copy the suicide alert form and fife one copy in medical file. Forward original to admitting clerk. (Person responsible; nurse). (L) Flag the medical and casework files of those students identified by the psychiatrist as suicide alerts by: (Person responsible: nurse and admitting clerk) (i) enclosing form in red plastic cover; and (ii) placing red plastic strip over name tag. (N) Include the suicide alert form (in red plastic) and the red name tag cover when you send out placement packets. (Person responsible: community resource specialist) (2) Receiving facility. (.A) Immediately review student files upon admission. (Person responsible: intake staff) (B) Notify the direst care staff if a student file is flagged for suicide alert. (Person responsible; intake staff) (C) Follow-up with a written memo. (Person responsible: intake staff) (D) Immediately refer students flagged for suicide alen to psychiatrist. (Person responsible: nurse)

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fitvjsion No. ( 284.4 Ch. 81 GENERAL PROVISIONS 37 § 81.301.

(E) Interview the student within seven days of admission to facility. Identify a therapist to work with the student: (Person responsible: consulting psychiatrist) (i) psychiatrist; (ii) psychologist; or (iii) medical psychiatric caseworker (MPQ. (F) Schedule individual interviews no less than once per week the first month. Document on CCS-035, Individual Counseling Record. (Person responsible: consulting psychiatrist, psychologist, or MPQ (G) Schedule subsequent individual interviews according to student needs or progress. (Person responsible; consulting psychiatrist, psychologist, or MPC) (H) Remove the student from suicide alert status when the student: (Person responsible: psychiatrist) (i) has stabihzed; (ii) does not exhibit suicidal ideations; and (iii) does not make suicidal gestures. (1) Notify the nurse of change in status. (Person responsible: nurse) (J) Remove the red plastic name lag cover when the psychiatrist removes the student from suicide alert status. (Person responsible; nurse) (L) Repeat steps outlined in subparagraphs (E) and (F) ofthis paragraph following transfer or revocation for a student whose file contains a suicide aler form in a red plasdc cover. (Person responsible: intake staff) (3) New suicide attempt/expressions. (A) Refer the student to a mental health professional if a student without a prior history of suicide attempts or ideations makes an attemp or expresses suicidal thoughts during residence in a TYC facility, contract placement, or on parole. Programs need to assign persons respunsihle to fit their staff positions. (Person responsible: all staff) (B) Place the student on suicide alert using the step outlined in paragraph (1)(N). (Person responsible: mental health professional) • (4) Reception center medical alert. (A) Complete health assessment at time of admission. Record on CCS-008. (Person responsible: nurse) (B) Notify dormitory staff of following conditions: (Person responsible: nurse) (i) epilepsy; (ii) diabetes; (iii) hemophilia; (iv) sickle cell anemia; (v) kidney disease; (vi) heart defect. (C) Record notifications on daily shift log. (Person responsible: dormitory staff) (D) Complete Part I medical alen form (90.51.060B) and place in medical subfile. (Person responsible: nurse) (E) Confirm the diagnosis at the time of admission physical examination. (Person responsible: physician) (F) Complete Part II ofthe medical alert form (Person responsible; physician) (G) Copy the medical alert form and place original in a blue plastic ocver and file in medical subfile. (Person responsible; nurse) (H) insert the blue plastic cover over the name tag of the medical subfile (Person responsible: nurse) (I) Forward the copy of medical alert form in blue plastic cover and blue plastic name tag to admitting clerk. (Person responsitjle; nurse) (J) Flag the casework subfile. (Person responsible: admitting clerk). (K) Include the medical alert form (in blude plastic) and the blue name tag cover when you send out placement packets. (Person responsible: community resource specialist) (5) Receiving facility. (A) Review files upon admission.(Person responsible: intake staff) (B) Notify direct child care staff of medical diagnosis. (Person responsible: intake staff) (C) Refer to physician for follow-up. (Person responsible: nurse or assigned caseworker) Source: The provisionsof this §81.267 adopted lo be effective Januan'31. 1985. 10TexReg205.

SUPPORT SERVICES

§81.301. Agency Name on Vehicles. The Texas Youlh Commission places its inscription on all its slate vehicles except those which are:

285 37 §81.301. TEXAS YOUTH COMMISSION Pt. Ill

(1) normally used for student transportation; (2) driven by administrative personnel who are on 24-hour emergency call: (3) used to apprehend runaways; and (4) subject to vandalism due lo their regular and extended use away from their home base. Sourtre: The provisions ofthis §81.301 adopted to be effective Februar>' 14. 1984. 9 TexReg 582.

286 Copynghi O tiifl! S'raif ufTf.ttis and Han Inff>nnainm Svstems. Inc. CHAPTER 83. APPEALS TO THE EXECUTIVE DIRECTOR

Section No. Section Name

RIGHT TO APPEAL 83.1. Administrative £>ecision Appeal. i TIME OF APPEAL 83.11. Reasonable Time; Delay.

CONTENTS OF APPEAL ' 83.21. Guidelines for Appeal Content NOTICE OF APPEAL TO RESPONDENT AND INTERESTED PERSONS 83.31. Distribution.

TIME OF DECISION ON THE APPEAL BV THE EXECUTIVE DIRECTOR 83.41. Time of Decision, Delays, Notification. WRITTEN STATEMENT OF RESPONDENT AND INTERESTED PERSONS 83.51. Written Responses. ' DUPLICATE TAPE RECORDING OF PROCEEDING ; 83.61. Request for Duplicate Tapve Recording. ORAL ARGUMENT BEFORE THE EXECUTIVE DIRECTOR 83.71. Request; Notice: Presentation. EVALUATION BY THE APPEALS COMMITTEE I 83.81. Referral to Appeals Committee. | 83.82. Membership. i 83.83. Time of Meeting. 83.84. Oral Argument Before the Appeals Commiitee. 83.85. Report of Evaluation. I

DECISION OF THE EXECUTIVE DIRECTOR 53.91. Decision Form and Distnbution. 83.92. Upholding, Reversal, and Modification of E)ecision. 83.93. Hearing or Rehearing. | 83.94. Fihngof Appeal Decision.

EXHAUSTION OF ADMINISTRATIVE REMEDIES | 83.101. Exhaustion of Remedies. Cross References: This chapter cited in 37 TAC §85.1 (rclaiing to .Object and Scope); 37 TAC |97.126 (relating to Appeal lo the Executive Director); 37 TAC §103.2 (relating lo Procedures): 37 TAC §103.22 (relating lo Procedure); 37 TAC §103.41 (relating to Procedure): and 37 TAC §103.62 (relaling to Grievance Procedures).

287 TEXAS YOUTH COMMISSION Pt. Ill

288 Copyright O /W.' Siati' of Texas and Han Information Systenis. Inc. Ch, 83 APPEALS TO THE EXECUTIVE DIRECTOR 37 § 83.21.

RIGHT TO APPEAL Cross Refcrenoea: These sections cited in 37 TAC §95.241 (relating to Student Grievance Procedure).

§83.1. Admiiustrative Decision Appeal. Appeal to the executive director may be taken by or on behalf of a child from any administrative decision made with regard to that child or with regard to that child's grievance. Source: The provisions ofthis §83.1 adopted lo be effective January 1, 1976.

TIME OF APPEAL

§83.11. Reasonable Time; Delay. (a) An appeal not submitted within a reasonable time may be rejected on that basis by the executive director. Absent unusual circumstances, an appeal submitted more than 60 days from the date ofthe decision being appealed may be considered as not having been made within a reasonable time. If unusual circumstances make it impracticable or extremely difilculi to prepare and submit the appeal within the 60-day period, the child or his representative should so advise the executive director and request an appropriate exiension oftime within which to submit the appeal. (b) This section should not be read as encouraging delay in the submission of appeals. In the interest of fairness to the child, the respondent and interested persons, a child's representative is encouraged to submit a child's appeal as promptly as practicable following the decision being appealed. Source: The provisionsof ihis §83.11 adopted to be effective January 1. 1976.

CONTENTS OF APPEAL

§83.21. Guidelines for Appeal Content. Staff members making a decision which is subsequently appealed by a student (or by staff contacted by the student to assist with his appeal) will submit the following information and documentation to the executive director to assist in his consideration ofthe appeal. This documentation shall be submitied within two days ofthe staff member's receiving notice of the appeal. If more time is required, the assistant executive director for chUd care must be advised by phone ofthe delay. The information submitted shall include at least the following: (1) Identifying information and prior TYC history. The student's full name and TYC number; a brief statement including the date ofthe student's commitment, dates of subsequent placements, transfers, or revocations. (2) Reasons for appeal. A statement ofthe student's contentions and the requested relief. (3) Decision makers. Indicate the names of commiitee members or persons making the decision being appealed; the date the decision was made; and the type of proceeding which was conducted (e.g.: revocation hearing, classification hearing, disciplinary hearing, factfinding hearing). (4) Evidence relied upon. If the student is appealing the decision because of factual contest, include a statement of evidence relied upon by the fact finder in deciding that the incident occurred or that the situation existed; include the reasons for the factual conclusion. (5) Assessment findings and conclusions. Indicate the reasons for the decision and the factors taken into consideration in making the decision. If psychological or psychiatric studies were completed as a part of this assessment and were important in the decision, include copies of them. (6) Other informaiion and comments. Summarize other information which may be pertinent to the complete understanding ofthe appeal and the surrounding circumstances. If the appeal raises issues of TYC policy and procedure which are absent or unclear, include an analysis ofthe problem and a proposed remedy. Authority: The provisions ofthis §83.21 issued under Acts 1979. 66th Leg., ch. 842, effective September 10, 1979 (Texas Human Resources Code §61.001 et seq.). Source: Theprovisionsof this §S3.21 adopted to beeffective January 1. 1976; amended to be effective June 24, 1980, 5 TexReg 2273.

Revision No. i 289 37 §83.21. TEX.AS YOUTH COMMISSION Pt. Ill

NOTICE OF APPEAL TO RESPONDENT AND INTERESTED PERSONS

§83.31. Distribution. Wiihin two days of submission ofthe appeal, notice ofthe appeal shall be given to the respondent and interested persons. It is the executive director's responsibility to see that such notice is given and an appeal shall noi be rejected by the executive director on ihe basis that the respondent or inierested persons did not receive notice ofthe appeal. The term "respondent" means the person who made a decision being appealed to the executive director or the chairman ofthe committee or panel which made a decision being appealed to the executive director. The term "interested person" means the general counsel of the Texas Youth Council or any other person specifically designated by the executive director. .\uthority: The provisions of ihis §83.31 issued under .Acis 1979, 66lh Leg., ch. 842. effective September 10, 1979 (Texas Human Resources Code §61.001 et seq.). Source: The provisions of ihis §83.31 adopied to be effective Januan.' 1,1976: amended to be effective June 24, 1980. 5 TexReg 2273

TIME OF DECISION ON THE APPEAL BY THE EXECUTIVE DIRECTOR

§83.41. Time of Decision, Delays, Notirication. (a) Wiihin 25 days of submission ofthe appeal, the executive director shall make his decision on the appeal. (b) In the event the executive director determines a delay of his decision beyond the 25-day period is necessarv. he shall notify the child's representative ofthe reason for the delay and ofthe expected dale of his decision. .\uthority: The provisions ofthis §83.41 issued under .Acts 1*^79, 66ih Leg., ch. 842. effective September 10, 1979 (Texas Human Resources Code §61.001 ctseq). Source: The provisions ofthis §83.41 adopted to be efTective January 1, 1976; amended to be effeaive June 24, 1980. 5 TexReg 2273.

WRITTEN STATEMENT OF RESPONDENT AND INTERESTED PERSONS

§83.51. Written Responses. The respondent and interested persons may submit to the executive director a written response to the appeal including such documents of record as are relevant and material to the contentions raised on appeal. Copies of all written responses to the appeal shall be delivered to the child's represenialive prior to a decision on the appeal by the executive director and prior to oral argument before the Appeals Committee. Authority: The prov-isions of ihis §83.51 issued under Acts 1979, 66th Leg., ch. 842. effective September 10, 1979 (Texas Human Resources Code §61.001 ei teq.}. Source: The provisions of this §83.51 adopted to be effective Januarv 1, 1976; amended to beeffective June 24, 1980, 5 TexReg 2273.

DUPLICATE TAPE RECORDING OF PROCEEDING

§83.61. Request for Duplicate Tape Recording. In the event the decision being appealed followed a proceeding which was tape recorded, the child's representative may request from ihe assistant executive director for child care a duplicate tape recording of that proceeding. Should such a request be made, ihe Texas Youth Council shall provide the duplicate tape recording to the child's representaiive al no cost to him or to the child. Authority: The provisions of this §83.61 issued under .\cts 1979, 66th Leg., ch. 842. effective September 10, 1979 (Texas Human Resources Code §61.001 et seq.). Source: The provisions ofthis §83.61 adopted to be effective January 1. 1976; amended lo be effeaive .August 25, 1976, 1 TexReg 2240: amended lo be effective June 24, 1980. 5 TexReg 2273.

Revision No. I 290 Copyright G 198- Stale ofTexas and Hart Information Systems. Inc Ch. 83 APPEALS TO THE EXECUTIVE DIRECTOR 37 § 83.71.

ORAL ARGUMENT BEFORE THE EXECUTIVE DIRECTOR

§83.71. Request; Notice; Presentation. At the request of the child's representative, the respondent or an inierested person, the executive director may hear oral arguments on the appeal. No oral argument shall be heard by the executive director unless the child's representative, the respondent, and interested pwrsons have received adequate notice ofthe time and place the arguments will be presented and unless they are given an adequate opportunity to present oral argument. F*resentation of oral arguments lo the executive director shall be informal and attendance during the presentations may be limited at the discretion ofthe executive director to the child's representative, the general counsel ofthe Texas Youth Council, and the person presenting oral argument. Source: The provisions ofthis §83.71 adopted to be effective January 1, 1976.

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Revision No. I 290.2 Ch. 83 APPEALS TO THE EXECUTIVE DIRECTOR 37 § 83.85.

EVALUATION BY THE APPEALS COMMTITEE Authority: The provisions ofthese §§S3.81-83,S5. issued under Acts 1979. 66th Leg., ch. 842. effective September 10. 1979 (Texas Human Resources Code §61.001 ei seq.).

§83.81. Referral to Appeals Committee. The executive director may refer an appeal and written responses to the Appeals Committee. The Appeals Committee shall then evaluate the merits of contentions on appeal and shall advise the executive director of the results of its evaluation. Source: The provisions of this §83.81 adopied to be effective January 1. 1976; amended to beeffective June 24, 1980,5TexReg 2273.

§83 J2. Membership. (a) The members ofthe Appeals Committee shall be the assistant executive director for child care, the administrator of hearings section, and the director of community services or the director of institutional services according to the program from which the appeal originated. (b) The assistant executive director for child care shall be chairman of the Appeals Committee. In the absence of the assistant executive director for child care, one ofthe two remaining members shall be chairman. (c) The Appeals Committee shall not meet to consider an appeal unless all three members are present. However, should one member.be unavoidably absent, the executive director may appoint a' person lo serve in that member's place; . otherwise the chairman shall postpone the committee's consideration ofthe appeal until that member can be present. : (d) In the event a member ofthe .Appeals Committee is a respondent or an interested person in an appeal, the executive director shall not refer the appeal to the Appeals .Committee unless he directs that member be replaced. Source: The provisions of this §83.82 adopied to be effective Januar\' 1. 1976; amended lo be effeciive June 24, 1980,5TexReg 2273.

§83.83. Time of Meeting. The Appeals Commiitee shall meet within the time period suggested by the executive'director. The specific time and place of the meeting shall be determined by the chairman ofthe committee. Prior to the meeting, the chairman shall distribute to the members copies ofthe appeal and written responses. Soufce: The pro\isions of this S83.83 adopted to be effective Januar>- 1, 1976: amended to beeffective June 24; 1980. 5 TexReg 2273.

§83.84. Oral Argument Before the Appeals Committee. (a) At the request ofthe child's representative, the respondent, or an interested person, the Appeals Committee shall hear oral arguments on the appeal. Should such a request be made, the chairman ofthe comniittee shall notify the child's representaiive, the respondent, and interested persons of the time and place the arguments will be presented. (b) The child's representative, the respondent and interested persons shall be given an adequate opportimity to present oral argument. The chairman may set reasonable time limits on the presentations to be heard. (c) The child's representative shall present the first oral argument and shall have the opportunity to present a brief closing argument after other persons have completed their presentations. (d) Members ofthe Appeals Committee may question persons presenting oral ai^ument. (e) The chairman shall rule on objections raised during the course ofthe presentations. Should a member object to the chairman's ruling on any matter, a vote shall be taken in closed session and the decision ofthe majority shall govern. (f) Attendance during the presentations may be limited at the discretion of the chairman to the members of the committee, the child's representative, the legal counsel ofthe Texas Youth Council, and the person presenting oral argument. (g) The meeting at which oral arguments are presented shall be recorded. Source: The provisions ofthis §83.84 adopted to be effective Januarv 1. 1976; amended to be effective June 24, 1980. 5 TexReg 2273.

§83.85. Report of Evaluation. The Appeals Committee shall meet in closed session to evaluate the contentions on appeal. The report ofthe commitiee to the executive director shall be in writing and shall be based u[Mn the opinion ofthe majority. If a member does not concur with the evaluation of ihe majority ofthe committee, he may append his minority report to the majority report and state explicitly the parts ofthe majority report with which he disagrees and the reasons therefor. Source: The provisions of this §83.85 adopted lo be effective January 1. 1976: amended to be effective June 24. 1980. 5 TexReg 2273.

291 37 §83.85. TEXAS YOUTH COMMISSION Pt. Ill

DECISION OF THE EXECUTIVE DIRECTOR

§83.91. Decision Form and Distribution. The decision ofthe executive director shall be in writing and shall include the reasons for the decision reached. Copies ofthe decision shall be delivered to the child, the child's representative, the respondent, interested persons, and other persons the executive director determines appropriate. Source: The provisions ofthis §83.91 adopied to be effective Januar>' 1. 1976.

§83.92. Upholding, Reversal, and Modification of Decision. The executive director may uphold, reverse, or modify any decision appealed to him by a child. However, in regard to a disposition or classification being appealed or in regard to a disposition or classification resulting firom a decision being appealed, the executive director shall not direct the imposition of a penalty more severe than one previously imposed or direct a placement in a more restrictive or structured setting than the placement previously determined. Source: The provisions of this §83.92 adopied to be effective Januar>' 1, 1976.

§83.93. Hearing or Rehearing. The executive director may direct that a hearing or rehearing be held for a specific purpose. In the event such a hearing is directed and the child desires it, the hearing shall be held promptly and without prejudice to the child's right to further appeal. Source: The provisions of ihis §83.93 adopted lo be effeaive Januar>' 1. 1976.

§83.94. Filing of Appeal Decision. All decisions on appeals by the executive director shall be filed in the Texas Youth Council Central Office. Source: The provisions of this §83.94 adopted to be effeciive January 1, 1976.

EXHAUSTION OF ADMINISTRATIVE REMEDIES

§83.101. Exhaustion of Remedies. A decision on the appeal by the executive director shall exhaust the child's administrative remedies. In the event such a decision is not reached wiihin 25 days from the date of submission of the. appeal to the executive director, the child's administrative remedies shall be considered exhausted. Source: The provisions of this §83.101 adopted lo be effective Januarv' I. 1976.

292 Copyright 6 19115 Sluic of 1 twos and Han Information Systemt. Ini. CHAPTER 85, PRACTICE AND PROCEDURE

Section No. Section Name

GENERAL 85.1. Object and Scope. 85.2. Computation of Time. 85.3. Ex Parte Consultation. 85.4. Amendments to Sections Subsequent to January 1, 1976. 85.5. Effective Date. JURISDICTIONAL REQUIREMENTS 85.11. Filing of Documents. 85.12. Agreements to be in Writing. 85.13. Service in Rulemaking Proceedings. 85.14. Service in Nonndemaking Proceedings. 85.15. Notice in Nonrulemaking Proceedings. 85.16. Contested Proceedings. 85.17. Uncontested Proceedings. 85.18. Personal Service.

PARTIES 85.31. Classification of Parties. 85.32. Parties in Interest. 85.33. . Appearances Personally or by Representative. PLEADINGS 85.41. Oassification of Pleadings. 85.42. Form and Content of Pleadings. 85.43. Review of Pleading by the Executive Director. 85.44, Motions. 85.45. Amendments. 85.46. Motions for Postponement, Continuance, Withdrawal or Dismissal of Other Matters Before the Agency. 85.47. Motion for Consolidation of Two or More Petitions or Other Proceedings. 85.48. Filing of Exceptions, Briefs, and Replies. 85.49. Form and Content of Briefs, Exceptions and Replies. 85.50. Incorporation by Reference of Agency Records. PROCEEDINGS 85.61. Prehearing Conference- 85.62. Conduct and Decorum. 85.63. Place and Nature of Hearing. 85.64. Presiding Officer. 85.65. Order of Proceedings. 85.66. Reporters and Transcript. 85.67. Formal Exceptions. 85.68. Dismissal without Hearing. 85.69. Rules of Evidence. 85.70. Depositions. 85.71. Subpoenas. 85.72. Proposals for Decision. 85.73. Oral Argument. 85.74. Final Decisions and Order.. 85.75. Administrative Finality. 85.76. Rendering of Final Decision or Order. 85.77. The Record. 85.78. Motions for Rehearing.

APPLICATION FOR PROPOSED RULES, CHANGE IN ESTABLISHED RULE, ETC. 85.91. Application Form.

293 TEXAS YOUTH COMMISSION PL III

294 Copyright C 19H} Staie iti'Texas and Han In^mitaium .Snteins. Inc. Ch. 85 PRACTICE AND PROCEDURE 37 § 85.4.

GENERAL

§85.1. Object and Scope. (a) The purpose ofthis chapter is to provide for a simple and efficient system of procedure before the agency, to insure uniform standards of practice and procedure, public participation and notice of agency actions, and a fair and expeditious determination of causes. The provisions ofthis chapter shall be liberally construed with a view towards the purpose for which they were adopted. (b) This chapter shall govern the procedure for the institution, conduct, and determination of all causes and proceedings before the agency, except revocation of field service procedures which are covered by §§97.111-97.126 of this title (relating to Field Placement Revocation Procedure); appeals to the executive director which are covered by Chapter 83 ofthis title (relating to Appeals lo the Executive Director); student grievances, §§103.61 and 103.62 ofthis title (relating to Grievances Regarding Conditions, Policies, or Procedures); and employee grievances. They shall not be construed so as to enlarge, diminish, modify, or alter the jurisdiction, powers, or authority of the agency or the substantive rights of any person.

Authority: The provisionsof this §85.1 issued under Acts 1979. 66ih Leg., ch. 842, effective September. 10. 1979 (Texas Human Resources Code §61.001 ct seq.).

Source: The provisions of this §85.1 adopted to be effective Januarv 1. 1976; amended to be effective June 24, 1980, 5 TexReg 2273.

§85.2. Computation of Time. (a) In computing any period of time prescribed or allowed by these sections, by order ofthe agency, or by any applicable statute, the period shall begin on the day after the act, event, or default in controversy and conclude on the last day of such computed period, unless it be a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor a legal holiday. (b) Unless otherwise provided by statute, the time for filing any pleading, except a notice of protest, may be extended by order of the executive director, upon written motion duly filed with him prior to the expiration of the applicable period of lime for the filing ofthe same, showing that there is good cause for such extension oftime and that the need therefor is not caused by the neglect, indifference, or lack of diligence ofthe movant. A copy of any such motion shall be served upon all other parties of record to the proceeding contemporaneously with the filing thereof

Source; The provisions of ihis §85.2 adopied lo be effective January !. 1976.

§85.3. Ex Parte Consultation. Unless required for the disposition of c.v parte matters authorized by law, members, or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case may not communicate, directly or indirectly, in connection with any issue of fact or law with any party or his representative, except on notice and opportunity for all parties to participate.

Source: The provisions of this §85.3 adopted to be effeaive Januarj' I. 1976.

§85.4. Amendments to Sections Sabsequent to January 1,1976. (a) Prior to the adoption of any section the agency shall give at least 30 days' notice of its intended action. Notice ofthe proposed section shall be filed with the secretary of state and published by the secretary of state in the Texas Register. The notice shall include the following: (1) a brief explanation ofthe proposed rule; (2) the text ofthe proposed section, except any portion omitted as provided in the Administrative Procedure and Texas Register Acl. seciion 6(c), prepared in a manner to indicate the words to be added or deleted from the current text, if any; (3) a statement ofthe statulory or other authority under which the section is proposed to be promulgated; (4) a request for comments on the proposed section fi'om any interested person; (5) any other statement required by law. (b) Each noiice of a proposed section becomes effective as notice when published in the Register. The notice shall be mailed to all persons who have made timely written requests of the agency for advance notice of its rulemaking proceedings. However, failure to mail the notice does not invalidate any actions taken or sections adopted. (c) Prior to the adoption of any section, the agency shall afford all interested persons reasonable opportunity to submit date, views, or arguments, orally or in writing. In the case of substantive sections, opportunity for public hearing shall be granted if requested by at least 25 persons, by a governmental subdivision or agency, or by an associaiion having al least 25 members. The agency shall consider fully all writien and oral submissions concerning the proposed rule. On

295 37 §85.4. TEXAS YOUTH COMMISSION Pt. Ill

adoption of a section, the agency, if requested to do so by an interested person either prior to adoption or within 30 days after adoption, shall issue a concise statement ofthe principal reasons for and against its adoption, incorporating in the statement its reasons for overruling the considerations urged gainst its adoption. (d) If the agency finds that an imminent peril to the public safety or welfare requires adoption of a section on fewer than 30 days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or on any abbreviated notice and hearing that it finds practicable to adopt an emergency section. The section may be effective for a period of not longer than 120 days renewable once for a period not exceeding 60 days, but the adoption of an identical section under subsections (a) and (c) of this section is not precluded. An emergency section adopted under the provisions ofthis subsection, and the agency's written reasons for the adoption, shall be filed in the Office of the Secretary^ of Slate for publication in the Texas Register (e) The agency may use informal conferences and consultations as means of obtaining the viewpoints and advice of interested persons concerning contemplated rulemaking. The agency may also appoint committees of experts or interested persons or representatives of the general public to advise it with respect to any contemplated rulemaking. The powers ofthese committees are advisorj- only. (f) Any interested person may petition the agency requesting the adoption of a section. Within 60 days after submission of a petition, the agency either shall deny the petition in writing, staling its reasons for the denial, or shall initiate rulemaking proceedings in accordance with the previous provisions ofthis section. Source: The provisions of this §85.4 adopted to be ctTeciive Januan' I. 1976.

§85.5. Effective Date. These sections shall take effect on December 31, 1975. They govern all proceedings filed after they take effect; and they also govern all proceedings then pending, except to the extent that the executive director shall determine that their application in a particular pending proceeding would not be feasible or would work injustice, in which event the former procedure applies. Any section adopted after December 31, 1975, shall become effeciive 20 days after filing two certified copies of said section with the secretar>'of state, unless otherwise specified in the section because of statutorj-directive or federal (aw or emergency. Source: The provisions of ihis §85.5 adopted to be effective January- 1. 1976.

JURISDICTIONAL REQUIREMENTS

§85.11. Filing of Documents. All petitions, complaints, motions, protests, replies, answers, notices, and other pleadings relating to any proceeding pending or to be instituted before the agency shall be filed with the executive director. They shall be deemed filed only when actually received by him, accompanied by the filing fee, if any, required by statute or agency rules. Source; The provisions of this 585.11 adopted lo be effective Januar>' I. 1976.

§85.12. Agreements to be in Writing. No stipulation or agreement between the parties, their attorneys or representatives, with regard to any matter involved in any proceeding before the agency shall be enforced unless it shall have been reduced lo writing and signed by the parties or their authorized representatives, or unless it shall have been dictated into the record by them during the course of a hearing, or incorporated in an order bearing their written approval. This section does not limit a party's ability to waive, modify, or stipulate any right or privilege afforded by these sections, unless precluded by law. Source; The provisions ufihis §85.12 adopted lo be ctTcciJve January 1, 1976.

§85.13. Service in Rulemaking Proceedings. Service of a proposed section or amendment or any existing section shall be governed by the .Administrative Procedure and Texas Register Act, section 5(.A), ei seq. Source: The provisions of this §85.13 adopted to be effeciive Januarx^ I. 1976.

§85.14. Service in Nonrulemaking Proceedings. (a) Where published notice is permitted or prescribed by these sections or by statute, it shall be made by incorporating it in the printed memorandum of notices regulariy circulated by the agency to those persons entitled by law to receive such notices. (b) Where personal service of notice by the agency is required, the agency shall mail ihe same, certified or registered mail, to the last known place of address ofthe person entitled to receive such notice,

296 Copi right © /W*.i State of Ti:\as and Han Information Systems. Inr. Ch. 85 PRACTICE AND PROCEDURE 37 § 85.17.

(c) A copy of any protest, reply, answer, motion, or other pleading filed by any party in any proceeding subsequent to the institution thereof shall be rhailed or otherwise delivered by the party filing the same to every other party of record. If any party has appeared in the proceeding by attorney or other representative authorized under these sections to make appearances, service shall be made upon such attorney or other representative. The willful failure of any party to make such service shall be sufficient grounds for the entry of an order by the executive director, or the presiding examiner, • striking the protest, reply, answer, motion, or other pleading from the record. (d) A certificate by the party, attorney, or representative who files a pleading, stating that it has been served on the other. parties, shall be prima facie evidence of such service. The following form of certificate will be sufficient in this connection:

I hereby certify that I have this day of . 19 , served copies of ihc foregoing pleading upon all other parties lo this proceeding, by (here stale the manner of service).

Signature.

Source: The provisions of ihis^SS.M adopted to be effeciive January 1. 1976. Cross References: This section cited in 37 T.AC §85.42 (relating lo Form and,Conient of Pleadings); and 37 TAC §85.91 (relating 10 .Application Form).

§85.15. Notice in Nomiilemaking Proceedings. At least twice monthly, the executive director shall publish notice of all applications or other pleadings by which proceedings shall have been instituted in an agency division since the last previous publication of notice. Said published notice shall not include, however, any proceeding in which [>ersonal service of notice is required by law. Said published notice shall set out the name and address ofthe applicant or other party filing the same, the docket number, the name and address of his attorney or other representative, shall contain a concise statement ofthe action sought in the proceeding, reference to agency jurisdiction and statutory authority, or substantive rule for action sought, and shall state that every person who desires to appeal in opposition must file a notice of protest upon the party who instituted the proceeding, and that if no notice of protest shsill have been recieved by the executive director within said 15-day period, the proceeding will be processed and determined upon the uncontested docket, at a time and place certain therein stated. The date of publication of all such notices shall be the date on which they arc published.

Source: The provisions of this §85.15 adopted to beeffective January I, 1976.

§85.16. Contested Proceedings. (a) When a notice of protest is filed with the executive director within 15 days after the publication of notice, the executive director shall assign such case to the contested docket, appoint an examiner to hear the case, and issue a notice which shall include: (1) a statement of time, place, and nature of the hearing; (2) a statement ofthe legal authority and jurisdiction under which the hearing is to be held; (3) a reference to the particular sections ofthe statutes and rules involved; and (4) d short and plain statement ofthe matter asserted. (b) If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement ofthe issues involved, thereafter, on timely written application, a more definite and detailed statement must be furnished not less than three days prior to the date set for the hearing. Source: The provisions of this §85.16 adopted to be effective January 1. 1976.

§85.17. Uncontested Proceedings. When no notice of protest has been received by the executive director in a proceeding within 15 days after the publication of notice, as provided herein and when the expedited procedure as may be provided herein is not applicable, the executive director shall assign such case to the uncontested docket and appoint an examiner to hear it. The applicant shall state, in writing, that he expressly waives any requirements for preparation of a proposal for decision. All cases on the uncontested docket shall be processed as expeditiously as practicable. Nothing in this seciion shall relieve any party ofthe burden of proof imposed by law. Source: The provisions of Ihis §85.17 adopted to be effective Januar>' 1. 1976.

297 37 §85.18. TEXAS YOUTH COMMISSION Pt. Ill

§85.18. Personal Service. All notices of which personal services is required by law shall be addressed to the person entitled thereto, and shall set forth the names of all other parties, the nature and subject matter ofthe proceeding, the time and place ofthe hearing, and any other matter required by law. Source: The provisions ofthis §85.18 adopted lo be effective January' 1. 1976.

PARTIES

§85.31. Classification of Parties. Parties to the proceedings before the agency are petitioners, protestants, complainants, respondents, and intervenors. Regardless of errors as to designations in their pleadings, the parties shall be accorded their true status in the proceeding. Source: The provisions ofthis $85.31 adopted to be effective Januar>' 1. 1976.

§85.32. Parties in Interest. Any party in interest may appear in any proceeding before the agenc>-. All appearances shall be subject to a motion to strike upon a showing that the pany has no justifiable or administratively cognizable interest in the proceeding. Any person, public official, agency, or department ofthe State ofTexas or any of its political subdivision, or any civic or trade organization shall be permitted to intervene in support of or in opposition to all or part ofthe relief sought in any contested proceeding by filing at least 10 days in advance ofthe hearing date, or in support ofthe relief sought in any uncontested proceeding by filing at least 5 days in advance ofthe hearing date, a petition in intervention showing its interest and the basis for its position in the case and at the hearing may present any relevant and proper testimony and evidence bearing upon the issues involved in the particular proceeding. A petition to intervene in an uncontested proceeding shall not delay or change the nature of the proceeding, its purpose, or the method of procedure.

Source: The provisions ofthis §85.32 adopted to be effective Januarv' 1. 1976.

§8533. Appearances Personally or by Representative. Any party may appear and be represented by an attorney at law authorized to practice law before the highest court of any state. Any person may appear on his own behalf, or by a bona fide full-time agency employee. A corporation, partnership or associaiion may appear and be represented by any bona fide officer, partner, or full-time employee. Source: The provisions ofthis §85.33 adopted to be effective Januar>' 1. 1976.

PLEADINGS

§85.41^ Classification of Pleadings. Pleadings filed with the agency through the executive director shall be applications, protests, petitions, complaints, answers, replies, motions for rehearing, and other motions. Regardless of any error in the designation of a pleading, it shall be accorded its true status in the proceeding in which it is filed. Source: The provisions of ihis §85.41 adopied to be effective January-1. 1976.

§85.42. Form and Content of Pleadings. (a) Typewritten or printed. Pleadings shall be lyjjewritten or printed upon paper 8'/i inches wide and 11 inches long with an inside margin at least I inch wide and exhibits annexed thereto shall be folded to the same size. Reproductions are accepuble, provided all copies are clear and permanently legible. (b) Content. Pleadings shall stale their object, and shall contain a concise statement ofthe facts in support ofthe same, and shall be signed by ihe applicant or his authorized ageny. (c) Signature and address. The original of every pleading shall be signed in ink by the party filing the paper, or by his authorized representative. Pleadings shall contain the address ofthe ptarty filing the document or the name, telephone number, and business address ofthe representative. (d) Forms. Official forms for use in certain agency proceedings are incorporated in the appendix ofthese sections. The above-mentioned official forms shall be primed, when appropriate, under the supervision of a division director and he shall furnish copies thereof to any person upon request. All pleadings which are the subject of an official form shall contain the information, allegations, and other matter designated in such official form and shall conform substantially to the form thereof (e) Other pleadings. All pleadings for which no official form is prescribed shall contain the following:

298 Copyright O ItSi Stale iif 1 e.tas and Han Ittfiirmation Systems. Inc. Ch. 85 PRACTICE AND PROCEDURE 37 § 85.47.

(1) the name of the party seeking to bring about or prevent action by the agency; (2) the names of all other known parties in interest; (3) a concise statement ofthe facts relied upon by the pleader; (4) a prayer stating the type of relief, action, or order desired by the pleader, (5) any other matter required by statute; (6) a certificate of service, as required by §85.14(d) ofthis title (relating to Service in Nonrulemaking Proceedings). (f) Filing fees. Each application, petition, or complaint which is intended to institute a proceeding before the agency shall be accompanied by the filing fee required by law and the agency.

Source: The provisions ofthis §85,42 adopted lo be effective Januarv' 1. 1976.

Cross References: This seciion ciied in 37 T.AC §85.49 (relating to Form and Content of Briefs. Exceptions, and Replies): and 37 T.AC §85.69 (relating to Rules of Evidence).

§85.43. Review of Pleading by the Executive Director. Upon the filing of any pleading with the executive director, he shall examine the same and determine its sufficiency under these rules. If he shall find that the pleading does not comply in all material respects with these sections, he shall return it to the person who filed it, along with his statement ofthe reasons for rejecting the same. The person who filed such pleading shall thereafter have the right to file a corrected pleading, provided that the filing of such corrected pleading shall not be permitted to delay any hearing unless the executive director shall detennine that such delay is necessary in order to prevent injustice or to protect the public interest and welfare.

Source! The provisions of ihis §85.43 adopted to be effeciive January 1, 1976.

§85.44. Motions. Any motion relating to a pending proceeding shall unless made during a hearing, be written, and shall set forth the relief sought and the specific reasons and grounds therefor. If based upon matters which do not appear of record, it shall be supported by affidavit. Any motion not made during a hearing shall be filed with the executive director, who shall act upon the motion at the eariiesl practicable time.

Source: The provisions of this §65.44 adopted lo be effective Januan.' 1. 1976.

§85,45. Amendments. Any pleading may be amended at any time upon motion, provided that the application, complaint, or petition upon which notice has been issued shall not be amended so as to broaden the scope thereof

Source: The provisions of this §85.45 adopted 10 be effective Januar>' 1. 1976.

§85.46. Motions for Postponement, Continuance, Withdrawal or Dismissal of Other Matters Before the Agency. Motions for postponement, continuance, withdrawal, or dismissal ofthe various matters which have been duly set for hearing, shall be in writing, shall be filed with the executive director and distributed to all interested parties, under a certificate of service, not less than five days prior to the designated date that the matter is to be heard. Such motion shall set forth, under oath, the $pecific grounds upon which the moving party seeks such action and shall make reference to all prior motions ofthe same nature filed in the same proceeding. Failure lo comply with the above, except for good cause shown, may be construed as lack of diligence on the part of the movant, and at the discretion ofthe executive director may result in the dismissal ofthe mailer in issue, with prejudice to refiling. Once a hearing has begun, pursuant to the notice issued thereon, no postponement or continuance shall be granted without the consent of all parties involved, unless the agency shall have ordered such postponement or continuance.

Source: The provisions of this §85.46 adopied to beeffective Januar\- 1. 1976.

§85.47. Motion for Consolidation of Two or More Petitions or Other Proceedings. A motion for consolidation of two or more petitions or other proceedings shall be in writing, signed by the movant, his attorney or representaiive. and filed with the executive director prior to the date set for hearing. No two or more petitions, complaints, or other proceedings shall be consolidated or heard jointly without the consent of all parties to all such proceedings, unless the agency shall find that the two or more petitions, complaints, or other proceedings involve common questions of law and fact, and shall further find that separate hearings would result in unwarranted expense, delay, or substantial injustice.

Source: The provisions ofthis §85.47 adopted lo be effective Januar> 1. 1976.

299 37 §85.48. TEXAS YOUTH COMMISSION Pt. Ill

§85.48. Filing of Exceptions, Briefs, and Replies. Any party of record may, within 20 days after the dale of service of a proposal for decision, file exceptions and briefs to the proposal for decision, and replies to such exceptions and brief may be filed within 15 days after the date for filing of such exceptions and briefs. A request for extension oftime wiihin which to file exceptions, briefs, or replies shall be filed with the executive director and a copy thereof shall be served on all other parties of record by the party making such request. The executive director shall promptly notify the parties of his action upon the same and shall allow additional time only in extraordinary circumstances where the interests of justice so require.

Source: The provisions ofthis §85.48 adopied to be effeciive Januar>^ 1, 1976. Cross References: This section cited in 37 TAC §85.65 (relaling to Order of Proceedings); and 37 TAC §85.72 (relating lo Proposals for Decision).

§85.49. Form and Content of Briefs, Exceptions and Replies. Briefs, exceptions, and replies shall be of such size and conform, as near as may be, to the form of pleadings as set forth in §85.42 ofthis title (relaling to Form and Content of Pleadings). The points involved shall be concisely stated. The evidence in support of each point shall be abstracted or summarized, and/or briefly stated in the form of proposed findings of fact. Complete citations to the page number ofthe record or exhibit referring to evidence shall be made. The specific purpose for which the evidence is relied upon shall be stated. The argument and authorities shall be organized and directed to each point properly proposed as a finding of fact in a concise and logical manner, briefs shall contain a table of contents and authorities. Briefs, prior to the issuance of a proposal for decision, may be filed only when requested or permitted by the executive director or his appointed agent.

Source; The provisions ofthis §85.49 adopted lo be effective Januar>' 1, 1976.

§85.50. Incorporation by Reference of Agency Records. Any pleading may adopt and incorporate, by specific reference thereto, any part of any document or entr>^ in the official files and records ofthe agency. This section shall not relieve any petitioner, complaint, or other party ofthe necessity of alleging in detail, if required, facts necessary to sustain his burden of proof imposed by law. Source: The provisions of this §85.50 adopied to be effective Januar>' 1. 1976.

PROCEEDINGS

§85.61. Prehearing Conference. (a) In any proceeding, the executive director, on his own motion or on the motion of a party, may direct the parties, their attorneys, or representatives to appear before an examiner at a specified lime and place for a conference prior to the hearing for the purpose of formulating issues and considering the following: (1) the simplification of issues; (2) the possibility of making admissions of certain averments of fact or stipulations concerning the use by either or both parties of matters of public record, such as annual reports, to the end of avoiding the unnecessary introduction of proof; (3) the procedure at a hearing; (4) the limitation, where possible, ofthe number of witnesses; (5) such other matters as may aid in the simplification of the proceedings, and the disposition of the matters in controversy, including settlement of such issues as in dispute. (b) Action taken at ihe conference shall be recorded in an appropriate order by the examiner, unless the parties enter into a3 writtewniten agreement. Source: The provisions of this §85.61 adopied to be effective Januarv- 1. 1976.

§85.62. Conduct and Decorum. Every party, witness, attorney, or other representative shall comport himself in all proceedings with proper dignity, courtesy, and respect for the agency, the executive director, the examiner, and all other parties. Disorderly conduct will not be tolerated. Attorneys and other representatives of parties shall observe and practice the standards of ethical behavior prescribed for attorney at law by the Texas Stale Bar. Source: The provisions ofthis §85.62 adopted to beeffective Januarv- 1. 1976.

3(X) Ctipyrigh; C ly.'i.'' State of Ttwas and Hon Informaiion Systems. Inc. Ch. 85 PRACTICE AND PROCEDURE 37 § 85.67.

§85.63. Place and Nature of Hearing. All hearings conducted in any proceeding shall be open to the public. All hearings shall be held in Austin, Texas, unless for good and sufficient cause the agency shall designate another place of hearing in the interest ofthe public. Source: The provisions of this §85.63 adopted to be effeciive January 1, 1976,.

§85.64. Presiding Officer. (a) Hearings will be conduct by the executive director, or a hearing examiner, any and all of which ai^ at times referred to in these rules as the examiner or the presiding examiner. The presiding examiner shall have authority to administer oaths, to examine witnesses, and to rule upon the admissibility of evidence and amendments to pleadings. He shall have the authority lo recess any hearing from day to day. (b) If the presiding examiner dies, becomes disabled, or withdraws or is removed from employment or the case at any lime before the final decision thereof, the agency or the executive director may appoint another presiding examiner who may perform any function remaining to be performed without the necessity of repeating any previous proceedings in the case. Source: The provisions of this §85.64 adopted to be effeciive January I, 197,6.

§85.65. Order of Proceedings. (a) • In all proceedings the petitioner or-complainant, respectively, shall be entitled to open and close, where several proceedings are heard on a consolidated record, the presiding examiner shall designate who shall open and close. The examiner in all cases shall determine at what.stage intervenors shall be permitted to offer evidence. After all parties have completed the presentation oftheir evidence the agency may call upon any party or the staff of the agency for further material or relevant evidence upon any issue, to be presented at fiirther public hearing after notice to all parties of record. (b) The presiding examiner shall direct all parties to enter their appearances on the record. If exceptions to the form or sufficiency of a pleading have been filed in writing at least three days prior to the date of hearing, they shall be beard; otherwise not. If exceptions are sustained, the examiner shall allow a reasonable time for amendment, subject to the provisions of §85.48 ofthis title (relating to Amendments). Source: The provisions ofthis §85.65 adopted to be eflective January- I, 1976.

§85.66. Reporters and Transcript. (a) When a party makes a written request that proceedings be transcribed, the party shall state in writing his election to furnish his own stenographic reporter or lo utilize the reporter on the staff of the agency, if the agency has a stenographic reporter available at the time of the request. In the event the agency does not have a stenographic reporter available at the time ofthe request or if the party elects to furnish the stenographic reporter, the cost ofthe original transcript shall be assessed Vi to the party requesting the transcription, the remaining Vi to the other parties equally. (b) The original transcript shall bedelivered to the executive director not more than 14.working days after the close ofthe hearing. A stenographic reporter may sell a copy of a transcript if the stenographic reporter first submits a written request to the executive director containing the following: (1) the full name and address ofthe party requesting the copy; (2) the number of pages in the transcript; • . (3) the cost of the copy to the party. • (c) Upon approval ofthe request by the executive director, the stenographic reporter shall furnish a copy to the requesting party at not more than S.30 per page plus the cost of postage, if any. The executive director or agency may exclude any stenographic reporter for late deliverv or poor workmanship in previous hearings. (d) Suggested corrections to the transcript ofthe record may be oftered within 10 days after the transcript is filed in the proceeding, unless the examiner or the agency shall permit suggested corrections to be offered thereafter. Suggested • cortections shall be served in writing upon each ijarty of record, the official reporter, and the examiner. If suggested cortections are not objected lo. the examiner will direct the corrections to be made and the manner of making them. In case the parties disagree on suggested corrections, they may be heard by the examiner, who shall then determine the manner in which the record shall be changed, if at all. Source: The provisions ofthis §85.66 adopted to beeffective January' 1. 1976.

§85.67. Formal Exceptions. Formal exceptions to rulings ofthe presiding examiner during a hearing shall be unnecessary. It shall be sufficient that the party at the time any ruling is made or sought shall have made known to the presiding examiner the action which he desires. - Source: The provisions of this §85.67 adopted to be effective January- 1. 1976.

301 37 §85.68. TEXAS YOUTH COMMISSION R III

§85.68. Dismissal without Hearing. The agency may entertain motions for dismissal without a hearing for the following reasons: (!)• failure to prosecute; (2) unnecessary duplication of proceedings or res adjudicata; (3) withdrawal; (4) moot questions or stale petitions; (5) lack of jurisdiction. Source: The provisions ofthis §85.68 adopted lo be effective Januar>' 1, 1976.

§85.69. Rules of Evidence. (a) General rule. In all cases, irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in nonjur\' civil cases in the district courts ofthis state shall be followed. When necessary \6 ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be' admitted, except where precluded by statute, if it is a iN-pe commonly relied upon by reasonably prudent men in the conduct of their affairs. The agency shall give effect to the rules of privilege recognized by law. Objections to evidentiao' offers may be made and shall be noted by law. Objections to evidentiary offers may be made and shall be noted in the record, subject to these requirements, if a hearing will be expedited and the interests ofthe parties will not be prejudiced substantially, any part ofthe evidence may be received in written form. (b) Documentary eiidence and official notice. (1) E>ocumentarv' evidence may be received in the form of copies or excerpts, if the original is not readily available. On request, parties shall be given an opportunity to compare the copy with the original. When numerous documents are offered, the presiding examiner may limit those admitted to a number which are typical and representative, and may. in his discretion, require the abstracting ofthe relevant data from the documents and the presentation of the abstracts in the form of an exhibit; provided, however, that before making such requirement, the examiner shall require that all parties of record or their representatives be given the right lo examine ihe documents from which such abstracts were made. (2) Official notice may be laken of all facts judicially cognizable. In addition, notice may be taken of generally recognized facts within the area ofthe agency's specialized knowledge. Parties shall be notified either before or during the hearing or by reference in preliminarv' reports or otherwise, of the material officially noticed, including any staff memoranda or data, and they shall be afforded an opportunity lo contest the material so noticed. The special skills or knowledge ofthe agency and ils staff may be utilized in evaluating the evidence. (c) Prepared testimony. In all contested proceedings and after service of copies upon all parties of record al such time as may be designated by the executive director or the examiner, the prepared testimony of a witness upon direct examination, either in narrative or question and answer form, may be incorporated in the record as if read or received as an exhibit, upon the witness's being sworn and identifying the same. Such witness shall be subject to cross- examination and the prepared testimony shall be subject to a motion to strike in whole or in part. (d) Limitations on number of witnesses. The executive director or the examiner shall have the right in any proceeding to limit the number of witnesses whose testimony is merely cumulative. (e) Exhibits. (1) Form. Exhibits ofdocumenlar> character shall be of such size, as set forth in §85.42 of this title (relating to Form and Content of Pleadings), as not unduly to encumber the files and records ofthe agency-. There shall be a brief statement on the first sheet ofthe exhibit of what the exhibit purports to show. Exhibits shall be limited to facts material and relevani to the issues involved in a particular proceeding. (2) Tender and service. The original of each exhibit offered shall be tendered to the reporter for identification, one copy shall be furnished to the presiding examiner, and one copy to each other party of record or his attorney or representative. (3) E.xcluded exhibits. In the event an exhibit has been identified, objected to and excluded, the presiding examiner shall determine whether or not the party offering the exhibit withdraws the offer, and if so, permit the return of the exhibit to him. If the excluded exhibit is not withdrawn, it shall be given an exhibit number for identification, shall be endorsed by the examiner with his ruling, and shall be included in the record for the purpose only of preserving the exception. (4) After hearing. Unless specifically directed by the presiding examiner, or by the agency itself, no exhibit will be permitted lo be filed in any proceeding after the conclusion ofthe hearing. In the event the agency allows an exhibit to be filed after the conclusion ofthe hearing, copies ofthe late^filed exhibit shall be served on all parties of record. (0 Offer of proof. When testimony is excluded by ruling of the examiner, the party offering such evidence shall be permitted to make an offer of proof by dictating or submitting in writing the substance of the proposed testimony, prior to the conclusion ofthe hearing, and such offer of proof shall be sufficient to preserve the point for review by the

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agency. The presiding examiner may ask such questions ofthe witness as he deems necessary to satisfy himself that the witness would testify as represented in the offer of proof. An alleged ertor in sustaining an objection to questions asked on cross-examination may be preserved without making an offer of proof. Source: The provisions of this §85.69 adopted to be effective Januar>- 1, 1976.

§85.70. Depositions. The taking and use of depositions in any proceeding shall be governed by the Administrative Procedure and Texas Register Act, section 14, Source: The provisions of this 585.70 adopied to be effective January- 1, 1976.

§85.71. Subpoenas. (a) Following written request by a party or on its own motion subpoenas for the attendance of a witness fi^om any place in the State ofTexas at a hearing in a pending proceeding, may be issued by the agency, the executive director, or, during the course of a hearing, by the presiding examiner. (b) Motions for subpoenas to compel the production of books, papers, accounts, or documents shall be addressed to the agency, shall be verified and shall specify as nearly as may be the books, papers, accounts, or documents desired and the material and relevant facts to be proved by them. If the matter sought is relevant, material, and necessary and will not result in harassment, imposition, or undue inconvenience or expense to the party to be required to produce the same, the agency, or the executive director may issue a subpoena, compelling production of books, papers, accounts, or documents as deemed necessary. (c) Such subpoenas shall be issued onlyafterashowingofgoodcauseanddeposit of sums sufficient to insure payment of expenses incident to the subpoenas. Service of subpoenas and payment of witness fees shall be made in the manner prescribed in the Administrative Procedure and Texas Register Act. Source: The provisions of this §85.71 adopted 10 be effective Januar>' 1. 1976.

§85.72. Proposals for Decision. (a) If in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, may not be made until a proposal for decision is served on the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs to the officials who are to render the decision. The proposal for decision must contain a statement ofthe reasons for the proposed decision and of each finding of fact and. conclusion of law necessan,^ lo the proposed decision, prepared by the person who conducted the hearing or by one who has read the record. The parties by written stipulation may waive compliance with this section. (b) When a proposal for decision is prepared, a copy ofthe proposal shall be served forthwith by the executive director on each party and his attorney of record. Upon the expiration ofthe 20th day following the time provided for the filing of exceptions and briefs in §85.48 of this title (relating to Filing of Exceptions, Briefs, and Replies), the proposal for decision may be adopted by written order ofthe agency, unless exceptions and briefs shall have been filed in the manner required in §85.48 ofthis title (relating lo Filing of Exceptions, Briefs, and Replies). If deemed warranted by the executive director, the assigned examiner may direct a party to draft and submit a proposal for decision which shall include proposed findings of fact and a concise and explicit statement of the underlying facts supporting such proposed findings developed from the record. Source: The provisions of this §85.72 adopted to be effeciive Januarv- 1. 1976.

§85.73. Oral Argument. Any party may request oral argument prior to the final determination of any proceeding, but oral argument shall be allowed only in the sound discretion ofthe agency. A request for oral argument may be incorporated in exceptions, briefs, replies to exceptions, motions for rehearing, or in separate pleadings. Source: The provisions ofthis §85.73 adopted lo be effective January 1. 1976.

§85.74. Final Decisions and Order. All final decisions and orders ofthe agency shall be in writing and signed by the executive director. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise statement ofthe underiying facts supporting the findings. If, in accordance with agency rules, a party submits proposed findings of fact, the decision shall include a ruling'on each proposed finding. Parties shall be notified either personally or by mail of any decision or order. On written request,'a copy ofthe decision or order shall be delivered or mailed to any party and to his attorney of record. Source: The provisions ofthis §85.74 adopted to be effeciive January 1. 1976.

303 37 §85.75. TEXAS YOUTH COMMISSION Pt. Ill

§85.75. Administrative Finality. A decision is final, in the absence of a timely motion for rehearing, and is final and appealable on the date of rendition ofthe order overruling the motion for rehearing, or on the date the motion is overruled by operation of law. If the agency finds that in imminent peril to the public safety or welfare requires immediate effect of a final decision or order in a contested case, it shall recite the finding in the decision or order as well as the fact that the decision or order is final and effective on the date rendered, in which event the decision or order is final and appealable on the date rendered and no motion for rehearing is required as a prerequisite for appeal. Source: The provisions ofthis §85.75 adopted to be effective Januar>' 1. 19''6.

§85.76. Rendering of Final Decision or Order. The final decision or order must be rendered within 60 days after the date the hearing if finally closed. In a contested case heard by other than the executive director, the agency may prescribe a longer period oftime within which the final order or decision ofthe agency shall be issued. The extension, if so prescribed, shall be announced at the conclusion ofthe hearing. Source; The provisions of this§85.76 adopted to be effective January- 1, 1976.

§85.77. The Record. (a) The record in a contested case shall include the following; (1) all pleadings, motions, and intermediate rulings; (2) evidence received or considered; (3) a statement of matters officially noticed; (4) questions and offers of proof, objections, and rulings on them; (5) proposed findings and exceptions; (6) any decision, opinion, or report by the officer presiding at the hearing; (7) all staff memoranda or data submitted to or considered by the hearing officer or the executive director. (b) Findings of fact shall be based exclusively on the evidence presented and matters officially noticed. Source; The provisions ofthis §85.77 adopted lo be effeciive January- 1, 1976.

§85.78. Motions for Rehearing. A motion for rehearing is a prerequisite to an appeal. A motion for rehearing must be filed within 15 days after the date of rendition of a final decision or order. Replies lo a motion for rehearing must be filed with the agency wiihin 25 days after the date of rendition ofthe final decision or order, and agency action on the motion must be laken within 45 days after the date of rendition of the final decision or order. If agency action is not taken within the 45-day period, the motion for rehearing is overruled by operation of law 45 days after the date of rendition of the final decision or order. The agency may by written order extend the period oftime for filing the motions and replies and taking agency action, except that an extension may not extend the period for agency action beyond 90 days after the date of rendition ofthe final decision or order. In the event of an extension, the motion for rehearing is overruled by operation of law on the date fixed by the order, or in the absence of a fixed dale, 90 days after the date of the final decision or order. The parties may by agreement with the approval of the agency provide for a modification ofthe times provided in this section. tor a modification ot the times provided in this section. Source: The provisions of this §85.78 adopted to be effective January 1. 1976.

APPLICATION FOR PROPOSED RULES, CHANGE IN ESTABLISHED RULE, ETC.

§85.91. Application Form. The form for making application shall contain the following: (1) Name and address: (here give name and complete mailing address of applicant on whose behalf the application is filed, hereinafter called applicant). (2) Caption: .Applicant hereby seeks (here make specific reference to the rule or rules which it is proposed to establish, change or amend, so that it or they may be readily identified, prepared in a manner to indicate the words to be added or deleted from the current test, if any). (3) Proposed change: (here make reference to an exhibit to be attached to and incorporated by reference to the petition, the said exhibit lo show the amendment providing for the proposed new provision, rule, regulation, rate practice, or other change, including the proposed effective dale, application, and all other necessar>' information, as set forth in §85.14 ofthis title (relating to Service in Nonrulemaking Proceedings), in the exact form in which it is to be published, adopted or promulgated).

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(4) Justification: (here submit the justification for the proposed action in narrative form with sufficient particularity to inform the agency and any interested party fully ofthe facts upon which applicant relies). (5) Resume or concise abstract: (here file with the petition a concise but complete resume or abstract of the information required in paragraphs (1), (2), (3), and (4) ofthis section). Respectfully submitted, (Applicant) I (Attorney or representative) (Complete address) ; Source: The provisions of this §85.91 adopted lo be effective January I, 1976.

305 TEXAS YOUTH COMMISSION Pt. Ill

306 C'tpvri^hi O /Wlj .Slate ol'Te.\a\ and Han Inloriiialiim Svsiems. Inc. CHAPTER 86. HEALTH SERVICES INSTITUTIONS

Section No. Sectioo Name 86,125. Student Immunizations. 86.130. Physical Exam. 86.135. Dental Exam. 86.145. Medication Automatic Stop Dates. 86,148. Administration of Medication. 86.151. Nutritional Risk Screening. 86.153. Special Diets. 86.165. Providing Prostheses. 86.170. Agreement with Local Hospital. 86.172. Medical and Dental Emergency Services. 86.180. Admission to the Hospital, 86.195. Sick Call. 86.197. Infirmary .Admission. 86.201. Communicable Disease. 86.205. Care and Treatment of Pregnant Students. 86.215. Obtaining Prescription Drugs. 86.221. Discontinued/Outdated Drugs. 86.225, Monitoring of Psychotropic Drugs. 86.240. Access to Medical Records.

•J07 TEXAS YOUTH COMMISSION Pt. Ill

308 Ci>pvngl\t ~~/Wf.< Siatf of Tc-.yas and Han Information Sysii-ms. Inc. Ch. 86 HEALTH SERVICES INSTITUTIONS 37 § 86.135.~~

§86.125. Student Immunizations. (a) Policy. Students are immunized and tested for tuberculosis (TB) according to state requirements. Immunizations may be postponed up to 30 days pending receipt of school records. (b) Procedures. (1) Students from the reception center. (A) Review medical file from reception center. (Person responsible: nurse III) (B) Give initial dose of TD-polio and measles to students with no records of having received a series of immunizalions. E)ocument on CCS-008A. (Person responsible: nursing staff) (C) Set up schedule for immunization series completion or booster doses. (Person responsible: nursing staff) (2) Direct admissions (not from reception center). (A) Give TB skin test to students who do not have a prior positive TB test or do not have a history of TB. (Person responsible: nursing staff) (B) If the studenl has a history of TB, do not give TB test. Proceed to paragraph (3) of this subsection. (Person responsible: nursing staff) (C) Read test in 72 hours. Document results on CCS-008A. (Person responsible: nursing staff) (D) Give initial dose of TD-polio and measles to students with no record of having received a series of immunizations. Docuinent on CCS-008A. (Person responsible: nursing staff) (3) Students with history or positive TB test results. (A) Set up appointment for chest x-ray. (Person responsible: nurse III) (B) Transport student to appointment. (Person responsible: nusing staff, campus security) (C) Review results of x-ray and prescribe as necessary. (Person responsible: physician) \i^(D}) Transcribjiau3k,iiL>ec aiiandu folloluuuw uiuciaorders.. ^rciaui(Personi icaiAJJibiuiresponsiblec: iiuiaiiinursing auisistaff)} Source: The provisions ofthis §86.125 adopted to be effective March 8. 1985, 10 TexReg 693.

§86.130. Physical Exam. (a) Policy. Each student who is a direct admission receives an initital physical exam within seven days of admission and one annually thereafter by a licensed physician. (b) Procedures. (1) Initial exam. (A) Obtain health, history information. Document on top section of CCS-008 form. (Person responsible: nursing staff) (B) Perform physical exam and asessment. Document on CCS-008 form, bottom section. (Person responsible: physician) (C) Make appropriate referrals to specialist. (Person responsible: physician) (D) Schedule referrals. See Health Services Manual 86.160. (Person responsible: nurse III) (E) Treat medical problems and document on CCS-032, physician's order form.(Person responsible: physician) (F) Iniliate and carry out physician's orders. Record on CCS forms appropriate to the type of procedure. (Person responsible: nursing staff) (2) Annual exam. (A) Schedule for annual exam. (Person responsible: nursing staff) (B) Update medical history. (Person responsible: nurse) (C) Perform exam and assessment. Record on CCS-008 form. (Person responsible: contract physician) Source: The provisions of this §86.130 adopted to be effective March 8, 1985. 10 TexReg 693,

§86.135. Dental Exam. (a) Policy. Each student who is a direct admission recieves an initial denial exam within seven days of admission, and one annually thereafier by a licensed dentist. (b) Procedures. (I) Initial exam. (A) Obtain dental history and perform complete denul exam including x-rays (Record on CCS-009 form.) {Person responsible: dentist): (B) Indicate and prioritize treatment needed. (Record on CCS-009 form.) (Person responsible: dentist) (C) Make appropriate referrals to specialists. (Person responsible: dentist) (D) Schedule referrals to specialists. See Policy 86.160. (Person responsible: nurse III)

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(2) Annual exam. (A) Schedule for annual exam using a tickler system. (Person responsible: nursing staff) (B) Perform complete dental exam excluding x-rays. Indicate and prioritize treatment needed. (Record on CCS-009 form,) (Person responsible: dentist) Source: The provisions of this §86.135 adopted to be effective March 8, 1985. 10 TexReg 693.

§86.145. Medication Automatic Stop Dates. All physician orders for prescription medication must specify dates of administration. Orders without dates will be automatically discontinued after 10 days. Physician order for PRN medication must be renewed every 90 days. Sonrce: The provisions of this §86.145 adopted to be effective March 8, 1985. IOTexReg693.

§86.148. Administration of Medication. (a) Policy. All pescribed medications are administered by a licensed nurse. (b) Procedures. (1) Administer medication according to physician's order. (Person responsible: nursing staff) (2) Document afie adminsilration on CCS-033. (Person respwnsible: nursing staff) (3) Document on CCS-033 if student refuses medication (Person responsible: nursing staff) (4) Notify physician if student refiises medication three consecutive doses. (Person responsible: nursing staff) Source: The provisions of this §86.148 adopied to be effeciive March 8, 1985, 10 TexReg 69.V

§86.151. Nutritional Risk Screening. (a) Policy. Each student is screened on admission for possible nutritional risk. The criteria for determining nutritional risk is based on National Ceiner for Health Statistics (NCHS) percentiles. (b) Procedure. Reception center and institutions. (1) Take height and weight in accordance with guidelines in Appendix A ofthe Health Services Manual. Record on CCS-008. (Person responsible: nurse) (2) Record and plot on the grovrth chart in accordance with guideline in Appendix B ofthe Health Services Manual. (Person responsible: nurse) (3) File in Section A of medical file..(Person responsible: nurse) (4) Place on routine height and weight schedule if weight for age and height for age is below 90th percentile or above 10th percentile. (Person responsible: nurse) (5) Refer lo physician for additional assessment if weight for age is 90th percentile or above. (Person responsible: nurse) (6) Place on monthly height and weight schedule if: (Person responsible: nurse) (A) weight for age is lOth percentile or below; (B) there are more than two percentile levels difference between weight for age and height for age. (7) Refer to physician for additional assessment if after there months: (Person responsible: nurse) (A) weight for age is 10th percentile or below; (B) there are more than two percentile levels difference between weight for age and height for age. Source: The provisions of this §86.151 adopied to beeffective March 8, 1985. 10 TexReg 693.

§86.153. Special Diets. (a) Policy. Students are provided with special diets using the Texas Dietetic Association (TDA) Diet Manual. Special diets are served only upon the physician's or dentist's orders. Special diets are defined as: (1) soft or liquid; and (2) restricted. The nutritionist provides a copy of TDA Diet Manual to each facility infirmary and food service manager, (b) Procedure. (I) Soft or liquid diet. (A) Conduct nursing assessment ofthe student's diet tolerance. (Person responsible: nursing staff) (B) Notify physician or dentist of assessment results. (Person responsible: nursing staff) (C) Document physician or dentist orders on medical diagnosis and treatment. Form CCS-032; and nurses notes, CCS-025. (Person responsible: nursing staff) (D) Prepare food according to TDA Diet Manual, standardized menu, and recipes. (Person responsible: cook)

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(E) Notify food service manager of a diet order by phone. (Person res[K>nsible: nursing staff) (2) Restricted diets. (A) . Schedule student to be seen by physician or dentist when medically indicated. (Person responsible: nursing staff) (B) Examine student and order diet from TDA Diet Manual. Document on CCS-032. (Person responsible: physician or dentist) (C) Provide student with a copy of diet and: (Person responsible: nurse) (i) explain the diet; (ii) assess the student's understanding ofthe diet; and (iii) encourage self responsibility for following the diet. (D) Notify food service manager of diet order by phone. (Person responsible: nursing staff) (E) Document diet order on special diet order log (86.153A). (Person responsible: food service manager) (F) Notify the dorm through special needs form (86.115 A) and attach a copy ofthe diet. (Person responsible: nursing staff) (G) Notify the Health Care Services Office by phone of diet order. Document steps outlined in subparagraphs (C), (D), and (F) ofthis paragraph on CCS025. (Person responsible: nursing staff) (H) Prepare food according to the diet order using the standardized menu and recipes. (Person responsible: cook) (I) Check the tray at each meal for accuracy to diet order. Serve the meal to the student as identified by youth activity supervisor staff. Document in special diet served log (86.153B). (Person responsible: food service manager) (J) Observe the student at meal time. If diet is refused, notify the infirmary. (Person responsible: YAS) (K) Direct questions about the diet to the Health Services Office. (Person responsible: food service manager, nurse, physician or dentist) Source: The provisions of this §86.153 adopted to beeffective March 8. 1985. 10 TexReg 693.

§86.165. Providing Prostlieses. (a) Policy. Prosthese are provided for a student if in the TYC physician's opinion such prosthesis is essential to restore . normal bodily function. (b) Procedures. (1) Refer student to staff physicians or dentist, (Person responsible: nurse III) (2) Determine if prosthesis is essential. (Person responsible: dentist) (3) Obtain cost ofthe prosthesis. (Person responsible: nurse III) (4) Notify Office of Health Care Services of need and cost. (Person responsible: nurse III) (5) Purchase prescribed prosthesis. Complete CCS-024 to encumber funds if necessary. (Person responsible: nurse III) (6) Inform Special Services Committee ofthe student's treatment plan or long-range needs at next weekly meeting. (Person responsible: nurse III) Source: The provisionsof Ihis §86.165 adopted lo be effective March 8, J 985, 10 TexReg 693.

§86.170. Agreement with Local Hospital. (a) Policy. There is a written and signed agreement between each institution and the local hospital to provide cmei^ncy care and hospitalization ofTexas Youth Commission (TYC) students. (b) Procedures. Obtain a written agreement that specifies the services available to TYC students and the costs of each service. (Person responsible: Superintendent) Source: The provisions of this §86.170 adopted to be effective March 8, 1985. 10 TexReg 693.

§86.172. Medical and Dental Emergency Services. (a) Policy. Emergency medical and dental services are available to students. (b) Procedures. (1) Emergency care of an ill or injured student (A) Administer immediate first aid as necessary. (Person responsible: first accessible staff member) (B) Notify nursing staff. (Person responsible: second accessible staff member) (C) Respond to call. Make nursing judgement of the severity of student's injury or illness. (Person responsible: nursing staff) 37 §86.172. TEXAS YOUTH COMMISSION Pt. Ill

(D) Transport to student to nearest medical facility as necessary. (Person responsible: nursing staff, campus security) (E) Notify' administrative staff and parents or guardian in accordance with §81.221 of this title (relating to Incident Reporting) and document in nurses' record, CCS-025. (Person responsible: nursing staff) (F) Document care (CCS-025). (Person responsible: nursing staff) (G) Follow physician's orders when student returns to campus. (Person responsible: nursing staff) (2) Emergency care of student with dental problem. (A) Notify' nursing staff of student's complaint. (Person responsible: YAS staff) (B) Notify dentist of student complaint. (Person responsible: nursing staff) (C) Transport student to dentist office if necessary. (Person responsible: campus securit>', nursing staff) (D) Examine student to campus. (Person responsible; dentist) (E) Return studeni to campus (Person responsible: campus security, nursing staff) (F) Admit student to infimiar>' if appropriate. (Person responsible: nursing staff) (G) Document care on CCS-025. (Person responsible: nursing staff) (H) Follow dentist's orders for aftercare. (Person responsible: nursing staff) (2) Notify- superintendent, assisting superintendent, or acting superintendent of admission. (Person responsible: nurse III) (3) Notify' the student's family or parole officer if unable to contact family. Document notifications in nurses notes. (Person responsible: nursing III) (4) Stay with student until family arrives or arrangement can be made with youth program supervisor for youth activity supervisor staff coverage, if necessary. (Person responsible: nursing staff) (5) Notify health care administrator of student hospitalization. (Person responsible: nurse III) (6) Take Form CCS-026B to hospital for completion by attending physician. (Person responsible: nurse III) Source: The provisions of this §86.172 adopied to beeffective March 6. 1985, 10 TexReg 693.

§86.180. Admission to the Hospital. (a) Policy. Students are admitted to hospitals upon physician orders. (b) Procedures. (1) Order admission to the hospital. (Person responsible: physician) (2) Notify superintendent, assistant superintendent, or acting superintendent of admission. (Person responsible: nurse HI) (3) Notify the student's family or parole officer if unable to contact family. Document notifications in nurses notes. (Person responsible: nurse III) (4) Slay with student until family arrives or arrangement can be made with youth program supervisor for youth activity supervisor staff" coverage, if necessary. (Person responsible: nursing staff) (5) Notify health care administrator of student hospitalization. (Person responsible: nurse III) (6) Take Form CCS-026B to hospital for completion by attending physician. (Person responsible: nurse III) Source: The provisions of this §86.180 adopted to be eftective March 8, 1985. 10 Te,\Reg693.

§86.195. Sick Call. (a) Policy. Students have access to health care 24 hours per day. (b) Procedures. (1) Nurse sick call. (.A) Notify nurses of student complaints. (Person responsible: youth activity super\^isor staff) (B) .Assess student's complaint and render the appropriate treatment and/or counsefing. (Person responsible: nursing staff) (C) Record treatment and/or counseling on CCS-025. (Person responsible: nursing staff) (D) Refer to the physician or dentist as appropriate. (Person responsible: nursing staff) (2) Physician sick call. Schedule students to see the physician by: (Person responsible: nursing staff) (A) self-request; (B) referral by staff; (C) follow-up of physician's request, (3) Dentist sick call. Schedule to see the dentist by: (Person responsible: nursing staff) (A) self-request; (B) referral of staff; or

~~312 Copyright C l9Si State of Te.\as and Hart Infdrmmion Systems, Inc. Ch. 86 HEALTH SERVICES INSTITUTIONS 37 § 86.205.~~

~~(Q follow-up of dentist's request. Source: The provisions of this§86.195 adopted lo be effective March 8, 1985, 10 TexReg 693.~~

§86.197. Infirmary Admission. (a) Policy. Students requiring 24 hours observation, treatment, or isolation are admitted to the infirmary. (b) Procedures. (1) Admission. (A) Admit for the followiiig: (Person responsible: nursing staff) (i) temperature elevation of 100''F or above; (ii) any questionable injury or illness; (iii) persistent vomiting and/or.diarrhea; (iv) facial sweUing fi-om dental abscess or injury; (v) breathing difficulty; e.g., asthmatic wheezing; (vi) student requiring observation, e.g., abdominal pain, severe nosebleed; or (vii) any other student per physician's order. (B) Monitor all vital signs at least once per shift and more often as indicated, and record on (XS-025. (Person responsible: nursing staff) (C) Telephone physician for stat orders. Record CCS-032. Initiate orders. (Person responsible: nursing staff) (D). Notify dormitory staffand record on CCS-025. (Person responsible: nursing staff) (2) Physician examination. (A) Schedule student to be seen by physician. (Person responsible: muring staff) (B) - Examine student and record treatment plan on CCS-032. (Person responsible: nursing staff) (Q Administer niedications and treatments, as ordered by physician. (Person responsible: nursing staff) (D) Enter student on infumary admission log and data secretary sheet. (Person responsible: nursing staff) (3) Discharge. . . (A) Discharge either by physician order CCS-032 or when student can fijnction adequately in daily living • program. (Person responsible: nursing III) (B) Enter discharge date and time on infirmary log and data secretary sheet (Person responsible: nurse III) (Q Notify data clerk by phone at time of dismissal or next working day. (Person responsible: nursing staff) Source: The provisions ofthis §86.197 adopted to be effective March 8, 1985, 10 TexReg 693.

§86.201. Communicable Disease. (a) Policy. A student who is suspected of or diagnosed as having a communicable or infectious disease is placed in medical isolation. (b) Procedures. .'•,.• (1) Place student in isolation. (The techniques to be followed are based on the mode of transmission of the organism.) (Person responsible: nursing staff) (2) Notify the physician by phone ofthe student's symptoms. (Person responsible: nursing staff) (3) Document notification of physician and record orders on CCS-032. (Person responsible: nursing staff). (4) Call: (Person responsible: nursing III) (.A) superintendent; (B) dormitory director/staff; (C) student's family; (D) director of institutions; (E) officeof health care administrator, and (F) appropriate health care agencies. Source: The provisions ofthis §86.201 adopied to be effective March 8. 1985. 10 TexReg 693.

§86.205. Care and Treatment of Pregnant Students. (a) . Policy. Pregnant students receive prenatal care during residence at the institution. .(b) Procedures. (1) Determining pregnancy. (A) Schedule student to see physician when: (Person responsible: nursing staff) (i) she has not had a normal menstrual period for two months, or

~~313 37 §86.205. TEXAS YOUTH COMMISSION Pt UI~~

(ii) she has not had a menstrual period for two months. (B) Examine student and record findings on CCIS-032. (Person responsible: physician) (C) Obtain laboratory testing if ordered. (Person responsible: nurse) (D) Reschedule with physician if pregnancy is not found but menstrual problems persist. (Person responsible: nursing staff) (E) Notify student of lab results. (Person responsible: nurse III) (2) If pregnant. (A) Evaluate health status including medical and obstetric history. Advise student of her options. See GOPP 90.51.030, pregnancy and abortion (Person responsible: nurse III) (B) Notify school and dormitory director of student's pregnancy using spwcial medical form, 86.120A. (Person responsible: nurse III) (C) Schedule student to be seen by staff physician. (Person responsible: nursing staff) (D) Examine student and provide infonnation on prenatal care, including smoking and nutrition, if appropriate. Record treatment plan on CCS-032. (Person responsible: physician) (E) Intitiate exercise program as ordered by physician. (Person responsible: nursing staff) (F) Schedule weekly nursing assessments of health status. (Person responsible: nursing staff) (G) Schedule physician's apFwintments as ordered. (Person responsible: nursing staff) (H) Inform Special Services Committee of student's treatment plan and long-range needs. Use special medical needs Form 86.I20A. (Person responsible: nurse III) Source: The provisions ofthis §86.205 adopted to be effective March 8, 1985, 10 TexReg 693.

§86.215. Obtaining Prescription Drugs. (a) Policy. Individual prescription drugs are dispensed by a registered pharmacist at the facility or community pharmacy. (b) Procedures. (1) At facility. (A) Submit prescription to consultant pharmacist. (Person responsible: nursing staff) (B) Dispense medication according to physician's order. Keep records of prescriptions as required by law. (Person responsible: consultant pharmacist) (C) Deliver individual prescription to nursing staff. (Person responsible: consultant pharmacist) (2) Offfacility. (A) Call prescription to community pharmac>'. (Person responsible: nursing staff) (B) Dispense medication according to physician's orders. (Person responsible: community pharmacist) (C) Arrange for prescription to be picked up. (Person responsible: nursing staff) (D) Deliver written prescription to pharmacy at time of pick up. (Person responsible: staff assigned) (E) Deliver medication to infirmary'. (Person responsible: staff assigned) (F) Submit student's name, drug, dosage, and cost of prescription to accounting by purchase requisition. (Person responsible: nurse III) Source: The provisions ofthis §86.215 adopied to be effeciive March 8. 1985, 10 TexReg 693.

§86.221. Discontinued/Outdated Drugs. (a) Policy. Discontinued or outdated drugs are disposed of in accordance with Texas State Board of Pharmacy regulations. (b) Procedures. (1) Notify pharmacist that drugs need to be destroyed. (Person responsible: nurse III) (2) Destroy drugs in accordance with Texas State Board of Pharmacy 22 TAC §303.1 (relating to Drug Destruction). (Person responsible: pharmacist) (3) Document destruction in duplicate and submit to nurse III. (Person responsible: pharmacist) (4) Maintain file of previously mentioned documents. (Person responsible: nurse III and pharmacist) Source: The provisionsof this §66.221 adopted to be effective March 8, 1985, 10 TexReg 693.

§86.225. Monitoring of Psychotropic Drugs. (a) PoUcy. SttJdents admitted to the institutions who are taking prescribed psychotropic drugs are referred to the psychiatrist. The psychiatrist provides medical supervision of all students who receive psychotropic medication. The administration ofpsychotropicdrugsismonitoredanddocumentedforthecompliance with GOPP 90.51.010 and the following procedures. (b) Procedures.

~~314 Copyright C /ftSJ State <^ Texas and Han Information Systems, Inc. Ch, 86 HEALTH SERVICES INSTITUTIONS 37 § 86.240.~~

(1) New admissions. (A) Interview student. Discuss drug, dosage, and length of treatment (Person responsible: nurse III) (B) Schedule appointment with psychiatrist. (Person responsible: nurse III) (C) Continue medication until seen by psychiatrist. (Person responsible: nursing staff) (2) Psychotropic drug orders. (A) Prescribe psychotropic drug appropriate to diagnosis. (Person responsible: psychiatrist) (B) Evaluate and document effect on CCS-032 within 30 days of initial dosage. (Person responsible: psychiatrist) (C) Evaluate and document need to continue treatment every 60 days thereafter. (Person responsible: psychiatrist) (3) Monitoring report. (A) Prepare monthly psychotropic drug report of current or discontinued treatment. (Person responsible: nurse III) (B) Submit copies ofthe drug report to: (Person responsible: nurse III) (i) psychiatrist; (ii) superintendent; (iii) central office health care; and (iv) senior psychiatric consultant. . (C) Maintain file of all psychotropic drug reports for two years. (Person responsible: nurse III) Source: The provisions ofthis §86.225 adopied lo be elective March 8. 1985. 10 TexReg 693.

§86.240. Access to Medical Records. Medical records are confidential. Access to medical records is in accordance with §81.223 ofthis title (relating to Access to Student Records). Sonrce: The provisions otihis §86.240 adopted to be effective March 8. 1985, 10 TenRcg 693.

~~315 TEXAS YOUTH COMMISSION Pt. IH~~

~~316 CopYri^hi O l9Sf State ofTexas and Han Ii\forinaiion Systems, Inc. CHAPTER 87. RECEPTION AND REGIONAL RECEIVING CENTERS~~

~~Section No. Section Name~~

~~87.1. Purpose. 87.2. Philosophy.~~

ADMISSIONS 87.11. Place of Admission. 87.12. Responsibility for Transportation. 87.13. Required Commitment Information and Form, 87.14. through 87.18. [RESERVEDl 87.19. Federal Offenders. CUNICAL SERVICES 87.31. Psychological Evaluation. 87,32. Evaluative Process. 87.33. Psychiatric Interview. 87.34. Educational Assessment. 87.35. Medical and Dental. 87.36. [RESERVED]

PR(X:EDURE FOR DECISION OF PLACEMENT 87.51. through 87.53. [RESERVED! 87.54. Student Right to Appeal. 87.55. Procedure for Decision of Placement. RECREATION 87.71. Design of Recreation Program. VOLUNTEERS 87.81. Purpose of Volunlecrs. STUDENT FUNDS 87.91. Student Trust Fund. 87.92. Student Cash on Hand. MAIL PROCEDURES 87.101. Privacy of Mail; Provisions for Contraband Coi 87.102. Provisions for Freedom of Correspondence. VISITATION 87.111. Authorization of Visitors. 87.112. Visiting Hours; Exceptions. 87.113. Place of Visits. Authorit}-: The provisions ofthese §§87.1-7.2 issued under Acts 1979. 66th Leg., ch. 842. effective September 10. 1979 (Texas Hurnan Resources Code §61.001 p/ seq.). unless otherwise noted.

~~317 TEXAS YOUTH COMMISSION Pt. Ill~~

~~318 Copyright O I9lti Stale ofTe.xas and Han Infi'rmatinn .'i)iieiiis. Inc. Ch. 87 RECEPTION AND.REGIONAL RECEIVING CENTERS 37 § 87.19.~~

§87.1. Purpose. The purpose ofthe Texas Youth Council's reception and regional receiving centers is to diagnose, evaluate, and place students found to have engaged in delinquent conduct by the court system ofthe State ofTexas.

~~Source; The provisions ofthis §87.1 adopted to be effective January J. 1976; amended to be effective June 24. 1980.5 TexReg 2273.~~

§87.2. Philosophy. The philosophy ofthe receptionan d regional receiving centers is that each student is entitled to placement in an environment which will be most conducive to his maximum social and intellectual growth and adjustment.

~~Source: The provisions of ihis $87.2 adopied lo be effeciive January 1. 1976; amended to be effeciive June 24. 1980,5 TexReg 2273.~~

~~ADMISSIONS~~

~~Authority: The provisions of ihese §§87.11-87.19 issued under .Acts 1979. 66th Leg., ch. 842. effective September 10, 1979 (Texas Human Resources Code §61.001 ct seq.). unless otherwise noted.~~

§87.11. Place of Admission. Each child found by a court to have engaged in delinquent conduct and committed to the Texas Youth Council shall be initially received by one ofthe admissions programs operated by the Texas Youth Council. An "admissions program" shall be the Statewide Reception Center at Brownwood, Texas, or one ofthe regional receiving programs operated by the TYC. Each committing course shall be kept advised by the TYC ofthe program to which their admissions should be made.

~~Source: The provisions of this §87.11 adopted to be effeciive Januarv I, 1976 ; amended 10 be elTeclive June 24, 1980,5TexReg 2:73.~~

~~§87.12. Responsibility' for Transportation. The student's committing county shall be responsible for his or her transportation to the Texas Youth Council admissions program.~~

~~Source: The provisions of ihis §87,12 adopted to be effective Januarv I, 1976; amended 10 be effective June 24, 1980,5 TexEleg 2273.~~

§87.13. Required Coimnitment Information and Form. (a) All youth adjudicated as delinquents or status offenders and remanded to the Texas Youth (Council for care and custody shall be committed in accordance with this section and the requirementsprescribe d in this section. (b) The committing officer must provide a valid court order committing the youth to TYC. The .committing county shall also provide the following information: (1) the TYC commitment summary; (2) a birth certificate or certified copy; (3) a social history; (4) school records; and (5) medical and dental records.

~~Source: The provisions ofthis §87.13 adopted to be efTeciive Januarv 1. 1976; amended ro be effective June 24. 1980.5 TexReg 2273. '~~

~~§87.14. through 87.18. [RESERVED]~~

§87.19. Federal 0^ffenders. The policy and procedures governing the admission and placement of federal offenders are contained in §§81.251-81.259 of this title (relating to Federal Offenders}. Source: The provisions of this §87. m adopted lo be effective Januarv 1. 1976; amended to be effective June 24. l980.5TcxRcg 2273.

~~319 37 §87.19. TEXAS YOUTH COMMISSION Pt. Ill~~

CLINICAL SERVICES Authority: The provisions ofthese §§87.31-87.36 issued under Acls 1979. 66th Ug., ch. 842. effeciive September 10. 1979 (Texas Human Resources Code §61.001 ciseq.). unless otherwise noted,

§87.31. Psychological Evaluation. A psychological evaluation will constitute a section ofthe final diagnostic evaluation of each child admitted to tbe reception and regional receiving centers. If the child has not undergone psychological evaluation in the past year, or if the current psychological evaluation does not contain at least a recognized intelligence assessment, the child shall undergo a psychological evaluation. Source: The provisions of this§87.31 adopted to be effective Januarv- 1. 1976: amended to be effective June 24. 1980,5TexReg 2273.

§87.32. Evaluative Process. A social summary and relevant forms will be prepared on each student by his caseworker. The caseworker shall be in charge of coordinating the evaluative process of each student by his caseworker. The caseworker shall be in charge of coordinating the evaluative process of each student on his caseload. Autharity: The provisions ofthis §87.32 issued under .Acts 1957. 55th Leg., p. 660, ch. 281. effeciive .August 22, 1957, as amended (Texas Civ. St. an, 5l43d>. Source: The provisions of this §87.32 adopted to be effeciive January- 1. 1976.

§87.33. Psychiatric Interview. (a) Students admitted to the Statewide Reception Center shall have a psychiatric interview if: (1) the youth committed a violent offense; (2) the child care or nursing staff makes a referral; or (3) residential contract placement is anticipated and the facihty requires psychiatric information. (b) Recommendations by the psychiatrist shall be duly noted and forwarded to the receiving facility. Source: The provisions ofthis §87.33 adopted to be effective Januar\' 1. 1976: amended to be effective June 24. 1980.5 TexReg 2273.

§87.34. Educational Assessment. An educational assessment shall be completed on each student in the Statewide Reception Center utilizing at least one ofthe recognized achievement tests. Source: The provisions of this §87.34 adopied to be effective January- I. 197ft, amended to be effective June 24, 1980.5TexReg

§87.35. Medical and Dental. (a) .\ complete medical and dental evaluation will constitute part of the total diagnostic assessment on each student admiited to the Statewide Recepiion Center. (b) Each student will receive appropriate emergency medical and dental services throughout his reception center stay. (c) Current medical and dental records shall be maintained for each child to include medical histor>', physical examination, dental assessment, laboratory reports, vision and hearing screening, immunization records, TB screening. (d) Medical services either at the facility or by referral off-facility shall be provided to meet health care needs of female students. (e) The use of psychotropic drugs shall be monitored. Psychotropic drugs will not be administered for the purpose of program management or control. Source: The provisions of ihis §87.35 adopied to beeffective January 1. 1976; amended to be effective June 24, 1980.5 TexReg 2273.

~~§87.36. IRESERVED]~~

~~PROCEDURE FOR DECISION OF PLACEMENT~~

~~§87.51. through 87.53. (RESERVEDl~~

§87.54. Student Right to Appeal. Any student who objects to a placement decision shall appeal this decision by the process prescribed in Chapter 103 ofthis title (relating to Student Remedies). Anthority: The provisionsof this §87.54 issued under Acts 1979. 66th Leg., ch. 842. effective September 10, 1979 fTexas Human Resources Code §61.001 et seq.). Source: The provisions ofthis §87.54 adopted to be effective January I, 1976; amended to be effective June 24, 1980, 5 TexReg 2273.

§87.55. Procedure for Decision of Placement. Upon completion ofthe student's evaluation by the various assessment divisions, the caseworker will review all diagnostic information and consult with the diagnostic personnel to produce a general consensus as to the appropriate child placement recommendation. The community resource specialist makes a final determination oo all students recommended for residential programs. Authority: The provisions ofthis §87.55 issued under Acls 1979. 66th Leg., ch. 842, effeaive September 10,1979 (Texas Human Resources Code §61.001 cr 5(^.). Source: The provisions ofthis §87.55 adopted to be effeciive January' 1. 1976; amended to be effective June 24, 1980, 5 TexReg 2273.

~~RECREATION~~

§87.71. Design of Recreation Program. The recreation program of the Statewide Reception Center shall be designed to provide a wide variety of large and small muscle exercises as well as emotional and social development. The main goals ofthe program will be to provide activities for leisure lime and provide interaction with other students and adults. Students will have opportunities to participate in hobbies, crafts, games, oi^anized sports, and other activities which foster the constructive use of leisure time. Students will have opportunities to participate ih the planning and development of recreational programs. All staff will provide students with appropriate reinforcement and recognition for recreational accomplishments. Authority: The provisionsof this §87.71 issued under .Acts 1979. 66lh Leg..ch. 842. effeciive September 10. 1979 (Texas Human Resources Code §61.001 pr j-fij.). Sonrce: The provisions of this §87.71 adopted to beeffective Januarv 1. 1976; amended to be effeciive June 24. 1980. 5 TexReg 2273.

~~VOLUNTEERS~~

§87.81. Purpose of Volunteers. Volunteers shall be utilized at the reception center to provide program enrichment and adult role models for the students in TYCscare. Anthorit}: The provisionsof ihis §87,81 issued under Acis 1979. 66th Leg..ch. S42. effeaive September 10. 1979 (Texas Human Resources Code §61.001 ci seq.). Source: The provisions ofthis §87.81 adopted to beeffective January- 1. 1976; amended to be effective June 24. 1980. 5 TexReg 2273. '. '

~~321 37 §87.81. TEXAS YOUTH COMMISSION Pt. Ill~~

~~STUDENT FUNDS~~

§87J)1. Student Trust Fond. All money that the student may receive is to be placed in the student's trust fund. When necessary, the student may draw from this trust fund for specific purposes and a proper receipt will be made ofthe transaction. Source; The provisionsof this §87.91 adopted lo be effective January ], 1976.

§87.92. Student Cash on Hand. While in the reception center, each student may have no more than $10 cash in his personal possession. Authority: The provisions ofthis §87.92 issued under Acts 1979, 66th Leg., ch. 842. effeciive September 24. 1979 (Texas Human Resources Code §61.075). Source: The provisionsof this §R7.92 adopted to beeffective Januar,' I. 1976; amended to be effeciive June 24,1980, STtxReg 2273; amended to be effective April 15. 1982. 7 TexReg 1379.

~~MAIL PROCEDURES~~

§87.101. Privacy of Mail; Provisions for Contraband Control. Students have the right to correspond freely through the mails. Staff may not read incoming or outgoing mail but may open mail in the student's presence to inspect it for contraband. Contraband includes: (1) anything whose possession is a crime under municipal ordinances or state or federal law, including solvent inhalants, drugs, and alcohol; (2) narcotics paraphernalia; (3) items which can be used, made, or adapted to use as weapons; (4) pictures which depict sexually explicit male or female nudity or sex acts, including magazines or periodicals which routinely publish such pictures; and (5) items such as posters which convey prohibited expressions. Authorit}: The provisions of Ihis §87.101 issued under Acls 1979. 66th Leg., ch. 842. effeciive September 10, 1979 (Texas Human Flesources Code §61.001 ct seq.). Souree: The provisions of this §87.101 adopied to be effective Januar>' 1, 1976; amended to be effective June 24. 1980. 5 TexReg 2273.

§87.102. Provisions for Freedom of Correspondence. The number of persons with whom a student may correspond by mail will not be limited. Writing paper, envelopes, pencils or pens, and at least three stamps per week shall be provided. Source: The provisions of this §87.102 adopted to be effective Januarj' 1, 1976.

~~VISITATION~~

§87.111. Authorization of Visitors. Relatives of the student are encouraged and shall be allowed to visit the student during his stay at the reception center. Visitation by parties other than the student's immediate family or other relatives must be authorized by the student's caseworker. Visitors are asked to read and sign visitation rules while visiting the reception center campus. Authority: The provisions of this §87.111 issued under Acts 1979. 66th Leg., ch. 842. effective September 10, 1979 (Texas Human Resources Code §61.001 et seq.). Source: The provisions ofthis §87,1 II adopted to beeffective Januar>' 1, 1976; amended lo be effective June 24, 1980, S TcxRcg 2273.

§87.112. Visiting Hours; Exceptions. Visiting hours shall be between the hours of 8 a.m. and S p.m. seven days a week. Exception to this may also be made by the student's caseworker. Source: The provisions of this §87.112 adopted lo be effeaive Januar>' 1, 1976.

~~322 Copyright C 1963 .State ofTexas and Han Informaion Systems. Inc. Ch. 87 RECEPTION AND REGIONAL RECEIVING CENTERS 37 § 87.113.~~

§87.113. Place of Visits. Students and families are encouraged to visit in the reception center building. Exception to this must be approved by the administration. Authoriiy: The provisions of this §87.113 issued under Acts 1979, 66lh Leg., ch. 842, effective September 10, 1979 (Texas Human Resources Code §61.001 et seq.). Source: The provisionsof this ^87.113 adopted to be effective Januarv 1. 1976; amended to be effective June 24, 19S0, 3 TexReg 2273.

~~323 TEXAS YOUTH COMMISSION~~

~~324 Copyrifin t i^^ 'fff"' 'tf T-f c« and Hi^ inhr>m,c^ Sm^tu. ir CHAPTER 89. INSTITUTIONAL SERVICES FOR CHILDREN COMMITTED FOR DELINQUENT BEHAVIOR~~

~~Section No. . Section Name~~

~~REHABILITATION 89.21. through S9.24. [RESERVED]~~

~~DAILY LIVING 89.41. through 89.42. [RESERVED]~~

~~CASE MANAGEMENT 89.60. Administrative Furlough. 89.76. Parole Release.~~

~~MEDICAL, PSYCHOLOGICAL, AND PSYCHIATRIC SERVICES 89.85. Psychotropic Drugs. 89.86. Medical Services to Female Students.~~

~~STUDENT FUNDS 89.91. Student Trust Fund. 89.92. Student Cash on Hand.~~

~~SPECIAL SERVICES COMMITTEE 89.96. Student Appeal of Placement. 89,98. Furlough/Releases. 89.100. . Extended Stay Review.~~

~~STUDENT COUNCIL 89.131. Student Representation. 89.132. Frequency of Meelings. 89.133. Committee Input.~~

~~DAILY LIVING 89.250. Student Haircuts-On Campus.~~

~~REPLACEMENT OF DAMAGED PROPERTY BY STUDENTS 89.251. Policy.~~

~~GENERAL CAMPUS SECURITY AND CONTROL 89.271. Policy. .~~

~~STUDENT EMPLOYMENT AND WORK RESPONSIBILITIES. 89.291. Purpose. 89.292. Defiiiition. 89.293. Limitations. 89.294. Implementation.~~

~~STUDENT REMEDIES 89.395. Grievance Procedures. 89.400. Special Grievance Program.~~

~~VISITATION 89.425. Visitation. 89.430. Off-Campus/Ovemight Visiis. 89.440. Visiting Restrictions. . 89.445. Visitation Extension.~~

325 SECURITY 89.540. Staff. 89.545. Referral. 89.555. Admission to Security. 89.560. Release from Security. 89.565. Extended Security Confinement. 89.570. Isolation. 89.575. Student Supervision. 89.585. Locked Doors. 89.600. Visitation. 89.605. Education. 89.610. Physical Exercise.

EDUCATION 89.665. .Accreditation Standards. 89.700. Orientation to the Education Program. 89.705. Individual Education Plan (lEP). 89.710. Program Plan Information Form. 89.715. Curriculum. 89.720. High School Credits. 89.724. Educational Transcript. 89.725. Remediation Program. 89.730. English as a Second Language (ESL). 89.740. Physical Education/Health Program. 89.750. Security Education Program. 89.755. Infirmar\ Educational Services. 89.760. Chapter 1 Program. 89.770. Vocational Education. 89.771. Special Vocational Projects. 89.772. Coordination of Vocational Education and Career Development. 89.773. General Education Development (GED) Program. 89.775. General Education Development (GED) Program. 89.785. Library Services. 89.790. Counseling Sei^Mces. 89.820. Teaching Techniques.

~~326 CiipyTighi C I9fis Stale of Texas and Hart Inftmiiatiiin .Systems. Inc. Ch. 89 INSTITUTIONAL SERVICES FOR DELINQUENT CHILDREN 37 § 89.76.~~

~~REHABILITATION~~

~~§89.21. through 89.24. [RESERVED]~~

~~DAILY LIVING~~

~~§89.41. through 89.42. [RESERVED)~~

~~CASE MANAGEMENT~~

§89.60. Administrative Furlough. (a) Policy. Administrative furloughs may be granted for medical reasons in accordance with GOPP 90.43.070 (§81.118 of this title (relating to Furloughs)). Maternity furloughs should be granted and student placed before seven months of pregnancy. (b) Procedures. (1) Notify the nurse III of any need for medical or maternity furlough. (Person responsible: consiUting physician) (2) Send the recommendation to superintendent (Person responsible: nurse III) (3) Notify the dormitory director. (Person responsible: nurse III) (4) E}tplore resources for meeting the need. (Person responsible: dormitory director. (5) Obtain writien approval from the director of institutions. In case of emergency, contact the director of institutions by telephone and send a follow-up memo. (Person responsible: superintendent) (6) Notify institutional parole officer (IPO) of furlough approval. (Person responsible: superintendent) (7) Schedule the furlough. (Person responsible: IPO) (8) Arrange transportation. (Person responsible: IPO) (9) Fill out CCS-042. (Person responsible: IPO) (10) Send CCS-081 form as outlined in CCIS Manual 20.27.081. (Person responsible: IPO) (11) Notify parents or guardian by phone or letter, (Person responsible: IPO) Sonrce: The provisions of ihis §89.60 adopted 10 be efTeciive N'ovember 21. 1984. 9 TexReg 5719.

§89.76. Parole Release. (a) Policy. Evaluations of individual students for release on parole are to be conducted in a manner consistent with §§81.111-81.121 and §81.129 ofthis title (relating to Case Management System for Delinquent Youth); and §§81.21- 81.45 of this title (relating to Child Care Standards). (b) Procedures. (1) All parole releases. Insure guidelines for group recommendations for parole release are followed (See 50.89.140, Group Recommendations.) (Person responsible: dormitory director) (2) First offender nonviolent or CINS parole release. (A) Review group recommendatoin for release. Insure student has spent at least four months in the institution. If you agree with the recommendation, forward it to the assistant superintendent. (Person responsible: dormitory director) (B) Approve or disapprove rejease, forward those approved to superintendent for his signature, inform dormitory director of your decision. (Person responsible: assistant superintendent) (C) Inform the student ofthe decision. (Person responsible: dormitory director) (3) Repeat offender nonviolent or CINS parole release. (A) Review group recommendation for release. Insure student has spent at least six months in the institution. If you agree, forward recommendation to assistant superintendent (Person responsible: dormitory director) (B) Approve or disapprove release, forward those approved to superintendent for his signature and inform the dormitory director of your decision in writing. (Person responsible: assistant superintendent) (C) Inform the student ofthe decision. (Person responsible: dormitory director) (4) Violent offender parole release. (A) Review group recommendation for release. Insure student has spent at least 12 months in the institution. If you agree, forward recommendation to the special services committee. (This applies to all schools but Giddings.) (Person responsible: dormitory director)

~~327 37 §89.76. TEXAS YOUTH COMMISSION Pt. Ill~~

(B) At Giddings, forward request for release to assistant superintendent for approval. (Person responsible: dormitorv' director) (C) Review recommendation and evaluate student's readiness for release by interviewing the student and dormitory- director and reviewing the master folder. (Person responsible: Special Services Committee (SSO) (D) If you agree with release, forward recommendation to assistant superintendent. If you do not agree inform the dormitorv- director. (Person responsible; SSC) (E) .Approve or disapprove ofthe release and inform the SSC and dormitory director of decision in writing. (Person responsible: assistant superintendent) (F) Inform the student ofthe d«:ision. (Person responsible: dormitory director) (5) Release of violent offender committed for capital offenses and early release of violent offender. (A) Review group recommendations for release. Insure that student has spent at least 24 months in the institution. If you agree with the recommendation, forward it to the SSC. (Person responsible: dormitory director) (B) Review recommendation and evaluate student's readiness for release by interviewing the student and dormitory director and reviewing the master file. (Person responsible: SSC) (C) If you agree with the recommendation, complete the release packet and forward it with your recommendation to the superiniendent. This packet will include: (Person responsible: SSC) (i) superintendent's letter that requests release and gives justifications why release should be approved, (ii) Special Services Committee reports and recommendations, including cover letter written by SSC chair person containing social summary; SSC recommendations and justifications; and summary of information included in packet. Letter is to be signed by all committee members, (iii) VPS report, covering student's behavior and participation in dormitory activities, recreation, use of skills, and personal hygiene/cleanliness/dress, (iv) principal's letter, outlining student's academic achievements (v) psychologist's recommendation and prognosis, based on recent psychological testing and interview. (vi) psychiatric section. Psychiatric consultant should make recommendation (pro or con) regarding release. Also, include initial psychiatric evaluation from Statewide Reception Center, initial evaluarion at institution and any additional psychiatric consultations, including use of psychotropic medication at the instituion. (vii) initial IPP of student and each three-month IPP update, including significant monthly progress reviews showing student's progres through program. (viii) parole plan, written by institional parole officer (IPO), addressing: (I) number, types, and dates of any furloughs; (II) furloughs goals and whether goals were accomplished: (III) significant events while student was on ftjrloiigh (problems, failure to report to parole officer, failure to return to institution on time, etc.); (IV) release placement, including home evaluatoin and frequency of family visits, if any; (V) statement of student's parole needs and confirmed plan addressing each need (e.g., job, school, counseling); (VI) requency plan of student contact with parole officer. (ix) significant other information including, but not limited to. student participation in work program, student council, athletic teams, and summarv' of security placements at institution, showing referring offense, length of stay, use of restraints and use of solitary confinement. (x) court/probation reports. This sectoin should include reports received from probation office and county officials, if any, as well as a copy ofthe student's order of commitment. (D) Review the packet and if you agree with release, forward the packet with a letter from you that justifies your recommendations to the director of institutions (Person responsible: superintendent) (E) Review the packet and if you agree, forw-ard the packet with your written recommendation to the executive director for final approval. (Person responsible: director of institutions) (F) Approve or disapprove release and return packet to director of institutions. (Person responsible: executive director) (G) Inform the superintendent ofthe decision. (Person responsible: director of institutions) (H) Insure the student is informed ofthe decision. (Person responsible: superintendent) (6) Notification ofrelese. Inform all necessary officials using CCS-Q8t of a student's pending release 14 days prior to final release. (Person responsible: IPO) (7) Parole packet. (A) Prepare a packet that includes: (Person responsible: IPO)

~~328 CopmfthtC- 1985 Stale of Texas and Han Information Systems. Inc. Ch. 89 INSTITUTIONAL SERVICES FOR DELINQUENT CHILDREN 37 § 89.96.~~

(i) parole agreement release plan—CCIS-046; (ii) PPIF-GCIS-014A; (iii) notification to juvenile court and prosecuting attorney—CCIS-081; (iv) program reassignment request/decision—CCIS 015; (v) copy ofthe letter to the family; (vi) academic transcript; (vii) medical record—CCJS-008; and (viii) dental assessment and treatment log—CCIS-009. (B) Send the packet to the receiving parole officer before the student leaves on parole. (Person responsible: IPO) Source: The provisionsof ihis §89.76 adopied lo beeffective November 21. 1984, 9 TcxRcg 5719.

~~MEDICAL, PSYCHOLOGICAL, AND PSYCHIATRIC SERVICES~~

§89.85. Psychotropic Drugs. The use of psychotropic drugs is monitored. Psychotropic drugs are not used for the purpose of program management or control. Authority: The provisions of this §89.85 issued under Acis 1979. 66th Leg., ch. 842, effeciive September 10. 1979, as amended (Texas Human Resources Code §61.075). Source: The provisions of this §89.85 adopted to be effective April 15, 1982, 7 TexReg 1379.

§89.86. Medical Services to Female Stodents. Medical services either afthe facility or by referral ofthe facility physician are provided to meet the gynecological needs of female students. .Authority: The provisions of ihis §89.86 issued under .Acts 1979. 66th Ixg.. ch. 842. efTeciive September 10. 1979, as amended (Texas Human Resources Code §61.075). Souree: The provisions of this §89.86 adopied to be effective .\pril 15, 1982, 7 TexReg 1379.

~~STUDENT FUNDS~~

§89.91. Student Trust Fnnd. All money that the student may receive is to be placed in the student's trust fund. When necessary, the student may draw from this trust fund for specific purposes and a proper receipt will be made ofthe transaction. Source: The provisions of this §89.91 adopied to be efTeciive Januar> 1. 1976.

§89.92, Student Cash on Hand. While in the institution, each.student may have no more than $10 cash in his personal possession. Authority: The provisions of this §89.92 issued under .Acts 1979. 66ih Leg., ch. 842. efTective September 10, 1979 (Texas Human Resources Code 561075). Source: The provisionsof this §89.92 adopied to be effective Januarv 1.1976: amended to be efTective June 24. 1980, 5 TcxRcg 2273; amended to be effeciive April 15, 1982. 7 TexReg 1380.

~~SPECIAL SERVICES COMMITTEE~~

§89.96. Student Appeal of Placement. (a) Policy. The Special Services Committee (SSC) reviews stdent appeals of placement. The student retains the right of appeal to the executive director. (b) Procedures. (1) Appeal request. (A) Review the request for appeal with the student. (Person responsible: dormitory director) (B) Prepare an appeal packet. (Person responsible; dormitory director)

~~• 329 37 §89.96. TEXAS YOUTH COMMISSION Pt. Ill~~

(C) Notify^ the SSC chairperson ofthe appeal by Monday before the scheduled Wednesday meeting. (Person responsible; dormitory director) (2) Committee review, (A) Review the appeal with the dormitory director and the student if appropriate. (Person responsible: Special Services Committee.) (B) Recomniend whether to keep the student in ths placement. Document the reasons. (Person responsible: Special Services Committee.) (C) Submit appeal packet and commitiee decision to the superintendent if appeal is approved. (Person responsible: chairperson.) (3) Superintendent's review. (A) Review materials submitted, (Person responsible: superintendent.) (B) Submit recommendations to director of institutions by letter. (Person responsible: superintendent) (4) Director of institutions re\'iew. Advise the superintendent ofthe decision by letter, (Person responsible: director of institutions.) (5) Student appeal. (A) Tell the student of his right to appeal a negative decision at any point ofthe process (Person responsible: dormitory director) (B) .Assist the student in making an appeal to executive director. Use Form CCIS-045. Include documentation of attempts to resolve the issue. See §89.395 of this title (relating to Grievance Procedures) for instructions. (Person responsible: dormitory director.) Souree: The provisions of this §89.96 adopted to be effective November 21. I9S4. 9 TexReg 5719.

§89.98. Furlough/Releases. (a) Policy. The Special Services commitiee (SSC) reviews violent offenders and students identified as having special needs prior to furiough and release, except the SSC at Giddings State Home and School, which reviews only category I violent offenders and special needs students. (b) Procedures. (1) Request for furlough or release. (A) Ensure students meet case management in §81.118 ofthis title (relating to Furloughs) and §81.119 ofthis title (relating to Parole Release). (Person responsible: institutional parole officer, IPO.) (B) Submit names of eligible students to the SSC chairperson. (Person responsible: IPO.) (C) Place the names on the agenda. Advise the dormitory director to attend the meeting with the student if appropriate. (Person responsible; chairperson.) (2) Commiitee review. (A) Submit written group, group leader, and dormitorj' committee recommendations to meeting. (Person responsible: dormitory director.) (B) Discuss furlough or release plans with student. (Person responsible: committee members.) (C) Recommend furlough or release to the assistant superintendent if approriate (Person responsible: commitiee members.) (D) .Approve or disapprove furlough or release. Notify IPO and SSC chairman of the decision. (Person responsible: assistant superintendent.) (E) Notify' the dormitory director ofthe fmal decision. (Person responsible: IPO.) (F) Review the decision with the student. (Person responsible: dormitory director.) Source: The provisions of this §89.98 adopied to be effective November 21. 1984, 9 TexReg 5719.

§89.100. Extended Stay Review. (a) Policy. The Special Ser\'ices Committee (SSC) reviews students who have not been approved for release due to failure lo progress in the program, reviews are done as follows; (1) nonviolent offenders after stay of six months and monthly thereafter; (2) repeat offender after seven months and monthly thereafter; (3) categorj' I violent offenders after stay of 25 months thereafter; (4) category II violent offenders after slay of 13 months and monthly thereafter. (b) Procedures. (1) Referral. (A) Maintain a file of all students by admission date. (Person responsible: institutional parole officer, IPO.) (B) Review the file for extended slay students. (Person responsible: IPO.)

~~330 Cf/pvrighi C l98S Slate of Tcxa.^ aad Hart Information Systems. Inc. Ch. 89 INSTITUTIONAL SERVICES FOR DELINQUENT CHILDREN 37 § 89.250.~~

(C) Refer extended slay student who fails to progress in the program to the Special Services committee (SSC). (Person responsible: IPO.) (D) Place the name ofthe student on the agenda. Advise the dormitory director ofthe review date. (Person responsible: SSC chairperson.) (2) Committee review. (A) Present written justification for extended stay. Include copies ofthe IPP or other treatment plans. (Person responsible: dormitory director.) (B) Determine if extended stay is justified. (Person responsible: committee members.) (C) Develop ireatment plan if extended stay is justified. Forward to the assistant superintendent. (Person responsible: commitiee members.) (D) Recommend release to the assistant superintendent if extended stay is not justified. (Person responsible: committee members.) (3) .Assistant superintendent's review. (.A) Review the recommendation and forward your decision to the SSC chairperson. (Person responsible: assistant superiniendent.) (B) Inform the dormitory director of the decision. Forward all documents to social services. (Person responsible: chairperson.) (C) Inform the student of the decision. (Person responsible: dormitory director.) (D) File documents in the student's master file. (Person responsible: social services secretary.) Source: The provisions ofthis §89.100 adopted lo be effective November 21. 1984, 9 TexReg 5719.

~~STUDENT COUNCIL~~

§89.131. Student Representation. Each institution will have al least one student per cottage on the Student Council. The students are to be elected from each cottage by democratic vote. Authority: The provisions ofthis §89.131 issued under .Acis 1979. 66th Leg., ch. 842, effective September tO, 1979 (Texas Human Resources Code §61.001 ei seq.). Souree: The provisions of this§89.131 adopied to be effective Januarv 1, 1976; amended to be effeaive June 24. 1980.STexReg 2273.

§89.132. Frequency of Meetings. The Student Council will meet al least once a month with the superintendent or his appointee. Aulhoritv: The provisions of this §89.132 issued under Acts 1979. 66lh Leg., ch. 842. effective September 10, 1979 (Texas Human Resources Code §61.001 ci seq.). Source: The provisionsof Ihis §89.132 adopted 10 be cfTeciive Januarv 1. 1976; amended to be effective June 24, 1980.STexReg 2273.

§89.133. Committee Input. The committee will advise institutional staff as to current student issues at the institution, develop sprecial student projects, and have direct input into institutional policy affecting the student body. Source: The provisions of this §89.133 adopted lo be efTeciive Januarv- I, 1976.

~~DAILY LIVING~~

§89.250. Student Haircuts-On Campus. (a) Policy. Students must comply with the hair requirements of the Dress Code, 90.50.090. Institutions provide free haircuts on campus for students who want them. (b) Procedures. (1) Keep haircut request forms in dorm. (Person responsible: youth activity supervisor (YAS) staff) (2) Have the student requesting a haircut sign a haircut request form. (Person responsible: YAS staff) (3) Send the haircut form lo youth program supervisor. (Person responsible: YAS IV) (4) Establish schedule with the barber. (Person responsible: Youth Program Supervisor (YPS))

~~331 37 §89.250. TEXAS YOUTH COMMISSION Pt. Ill~~

(5) Write a memo to the dormitory YAS staff confirming the date and time ofthe student's appointment. (Person responsible: YPS) (6) Ensure that the student's hair is shampooed before appointment. (Person responsible: YAS staff) (7) Ensure that students are properly dressed and act appropriately during appointments. (Person responsible: YAS staff) Source: The provisions of Ihis §89.250 adopted to be effective November 21, 1984. 9 TexReg 5719.

~~REPLACEMENT OF DAMAGED PROPERTY BY STUDENTS~~

§89.251. PoUcy. Sludenis involved in the destruction of state or personal property may be required to repay damages by working or assigned duties at a rate established by the agency. Institutions shall have procedures governing the operation ofthis policy.

~~Authorit): The provisions ofthis §89.251 issued under Acts 1979, 66ih Leg., ch. 842. effective September 10, 1979 (Texas Human Resources Code §61.001 et seq.).~~

~~Source: The provisions ofthis §89.251 adopted to be effective June 24. 1980. 5 TexReg 2273.~~

~~GENERAL CAMPUS SECURITY AND CONTROL~~

§89.271. PoUcy. The institutions, in administering their programs, shall provide for the safely and security of sludenis, staff, property, and equipment ofthe agency. (1) In institutions, visitation policies and procedures shall provide for the screening of visitors for weapons, drugs, and other contraband. (2) In institutions, policies shall exist for the patrol and monitoring ofthe campus to prevent vandalism, thefl, unauthorized access to the campus area, and studenl escapes. Inslilution personnel will have the authority to remove individuals who jeopardize or appear to jeopardize these elements of campus security.

~~Authority-: The provisions of ihis §89.271 issued under Acis 1979, 66ih Leg., ch. 842, effective September 10. 1979 (Texas Human Resources Code §61.001 et seq.).~~

~~Source: The provisions ofthis §89.271 adopted to be effective June 24, 1980, 5 TexReg 227.1. •~~

~~STUDENT EMPLOYMENT AND WORK RESPONSIBILITIES.~~

~~Authoriiv: The provisions ofthese §§89.291-89.294 issued under .Acts 1979. 66ih Leg., ch. 8422, effective September 10, 1979 (Texas Human Resources Code §61.001 ei seq.).~~

§89.291. Purpose. The primary purpose of paid studeni employment in delinquent institutions is to provide an opportunity for students to experience and enjoy payment of a wage for constructive work properiy performed by the student's own free choice and on his own personal free time. Such employment additionally provides an opportunity for students lo earn a limited amount of money for their personal use.

~~Source: The provisions ofthis §89.291 adopied lo be effective July 24. 1980. 5 TexReg 2273.~~

§89.292. £»efinition. Student employment, as used in this policy, refers to work activities performed by student under the following conditions: (1) Funds used for student compensation come from money specifically designated for this purpose. (2) Work is performed on the student's personal free lime and is not part of his required ireatment program. (3) Work intended to result in the performance of a needed service or creation of a useful project not considered part of normal group living responsibility. (4) Student employment should be a part ofthe student's treatment plan and designed lo teach good work habits, punctuality, responsibility, and other qualities of a competent and dependable worker.

~~Sourc«: The provisions of this §89.292 adopied to be effective July 24. 1980. 5 TexReg 2273.~~

~~332 Copyriglii C I'^S.^ Siaic ot'Te.xas and Han Information .Sysii'ins. Inc. Ch. 89 INSTITUTIONAL SERVICES FOR DELINQUENT CHILDREN 37 § 89.395.~~

§89.293. Limitations. A student is not entitled to be paid when: (1) assisting with the cleanup ofthe immediate work area or play area, or at the conclusion of an instructional or recreational activity session; (2) performing personal housekeeping chores; or (3) accomplishing duties expected to all students to fairly and routinely be performed as part of a cottage or dormitory unit. If all sludenis routinely are responsible for communal tasks, then these jobs are part ofthe living duties and should not be paid. Source: The provisionsof this §89.293 adopied to be eflfeaive July 24. 1980, 5 TexReg 2273.

§89.294. Implementation. Institutions will maintain policies and procedures governing student employment practices and responsibilities. Source: The provisions of this §89.294 adopied to beeffective July 24, 1980. 5 TexReg 2273.

~~STUDENT REMEDIES~~

§89.395. Grievance Procedures. (a) Policy. The Texas Youth Commission Student Grievance and Appeals System provides sludenis with a procedure to correct problems they have. The TYC ensures the quality ofthe system by maintaining minimum standards through an ongoing monitoring program. (b) Cross reference. (1) For genera] information about the Student Grievance and Appeals System, see General Operating Policies and Procedures Manual (GOPP) §90.45.010. | (2) For information aboul reporting and investigating suspected mistreatments, see GOPP §90.45.020. (3) For information about appeals to the executive director, see GOPP §90.45.050. (c) Grievance structure. (1) Grievance coordinator.tThe superintendent appoints a staff member as grievance coordinator, (2) Grievance clerks. Institutional groups elect peers as student grievance committee to hear grievances concerning rules, policies, programs, and procedures. The grievance coordinator selects the members ofthe committee and serves as moderator but does not vole on the outcome of the grievance. (d) Procedures. ' (1) Filing the grievance. I (A) Gel a numbered form from the student grievance clerk. (Person responsible: studeni grievanl) (B) Fill out the form, telling what the problem is and what would correct it, (Person responsible: student grievanl) | (C) Give the completed form to the student grievance clerk. Keep the yellow copy as a record until the grievance is resolved. (Person responsible: studenl grievanl) j (D) Write the grievant's name, the form number, and date in the dorm'or dormitory log and put the white copy in the grievance box.-(Person responsible: student grievance clerk) (2) Sorting the grievances. (A) Pick up grievances from the grievance box at least once each .working day. (Person responsible: grievance coordinator) (B) Record the grievance in the master grievance log. (Person responsible: grievance coordinator) (C) To determine which process lo follow in resolving the. stated grievance, read each form (Person responsible: grievance coordinator), and if the grievance is about: (i) parole revocation, reclassification, or commitment, then send the form to the grievance dormiior>' director, • i (ii) transfer to another institution or half-way house, then send the form lo the special services commitiee; (iii) suspected mistreatment, then send the form to the superiniendent; (iv) other students, then send the form to the group leader; (v) staff, then send the form lo the staffs supervisor; (vi) rules, policies, programs, or procedures, then send the form lo the grievance commitiee moderator.

~~333 37 §89.395. TEXAS YOUTH COMMISSION Pt. Ill~~

(D) For placement and suspected mistreatment grievances, complete Form CCIS-038, Statement of Grievance and Resolution. In the section marked "Proposed Resolution," write either: (Person responsible: grievance coordinator) (i) "Grievance sent to student*s dormitory director on (date) for presentation to the Special Services Committee." Note: Limited to transfer and placement appeals. Revocation, reclassification, and initial commitment appeals are sent by the dormitory director to the executive director, or (ii) "Grievance sent to superintendent on (date) for compliance with suspected mistreatment procedures" (for suspected mistreatment). (3) Resolving the revocation, reclassification, or commitment grievance. (A) Meet with the grievanl within 24 hours to discuss and write the appeal. (Person responsible: dormitory director) (B) Complete Form CCIS-040, appeal lo the executive director, and send to the appeals coordinator in central office within 48 hours ofthe filing date (see CCIS Manual 20.27,040 for instructions). (Person responsible: dormitory director) (4) Resolving the transfers and TYC placement grievances. (A) Meet with the grievanl within 24 hours and write the placement complaint. (Person responsible: dormiior>' director) (B) Send the complaini to the chairman, special services commitiee. (Person responsible: dormitory director) (C) Meet and decide the placement issue within five working days. (Person responsible: special services committee) (D) Prepare a written report of the committee decision for the student's master file. (Person responsible: special services committee chairman) (E) If a change of placement is approved, notify the student, and forward the decision to the superintendent for approval. (Person responsible: special services committee chairman) (F) If a change of placement is approved by the superintendent, forward the decision to the director of institutions for approval. (Person responsible: superiniendent) (G) If approved by the director of institutions, notify the student and arrange transfer. (Person responsible: superintendent) (I) If the student chooses to appeal, follow the procedures in GOPP 90.45.030. (Person responsible: dormitory director) (5) Resolving the suspected mistreatment grievance. (.A) Notify' the grievanl that the superiniendent will resolve the complaint. (Person responsible: grievance coordinator) (B) Resolve the complaini following suspected mistreatment procedures in GOPP 90.45.020. (Person responsible; superintendent) (6) Resolving the student problem grievance. (A) Notify the grievanl and his group within five working days to resolve the grievance. (Person responsible: group leader) (B) Meet with the grievant and his group wiihin five working days lo resolve the grievance. (Person responsible: group leader) (C) Inform the grievant of the group's decision and the right to appeal to the superintendent. (Person responsible: group leader) (D) Complete Form CCIS-038. statement of grievance and resolution, and return it to the grievance coordinator (see CCIS Manual 20.27.038 for inslruclions). (Person responsible: group leader) (E) If grievant appeals, send Form CCIS-038 and the grievance lo the superintendent and make appropriate log entries. (Person responsible: grievance coordinator) (F) If the grievant does not appeal, file the completed grievance and make appropriate log entries. (Person responsible: grievance coordinator) (7) Resolving the staff problem grievance. (A) Notify the grievant of receipt ofthe grievance wiihin 24 hours. (Person responsible: staff supervisor) (B) Meet with the grievanl and all inierested parties within five working days to resolve the grievance. (Person responsible: staff supervisor) (C) Inform the grievant of the decision and the right lo appeal to the superintendent. (Person responsible: staff supervisor) (D) Complete Form CCIS-038, statement of grievance and resolution, and return it to the grievance coordinator (see CCIS Manual 20.27.038 for instructions). (Person responsible: staff supervisor) (E) If grievant appeals, forward the CCIS-038 and the grievance to the superintendent and document in the log. (Person responsible: grievance coordinator) (F) If grievant does not appeal, file the completed grievance and document in the log. (Person responsible: grievance coordinator)

~~334 • Copyright C 1985 State of Texas and Han Information Systems. Inc. Ch. 89 INSTITUTIONAL SERVICES FOR DELINQUENT CHILDREN 37 § 89.400.~~

(8) Resolving the rule, policy, program, or procedure grievance. (A) Inform the grievant within 24 hours of receipt of the grievance. (Person responsible: committee moderator) (B) Advise the grievant ofthe right to request a staff representative to assist in presenting the grievance to the commiitee. (Person responsible: commiitee moderator) (C) Select a staff/student grievance committee and meet with the grievant and all inierested parties within five working days lo resolve the grievance. (Person responsible: commitiee moderator) (D) Conduct the grievance hearing, guiding the discussion to a pro|x>sed resolution by vote ofthe members (the moderator does not vole unless a lie exists). (Person responsible: committee moderalor) (E) Inform the grievant of the committee's decision and the right to appeal lo the superintendent (Person responsible: committee moderator) (F) Complete Form CCIS-038, statement of grievance and resolution, and return it to the grievance coordinator (see CCIS Manual 20.27.038 for instructions). (Person responsible: committee moderator) (G) If grievant appeals, send the CCIS-038 and the grievance to the superintendent and document in the 1<^ (Person responsible: grievance coordinator) (H) If grievant does not appeal, file the completed grievance and document in the log. (Person responsible: grievance coordinator) (9) Resolving the appeal to the superintendent. (A) Notify the grievanl of receipt ofthe grievance wiihin 24 hours. (Person responsible: superintendent) (B) Meet with the grievant and any other inierested parties and resolve the grievance within three working days. (Person responsible: superintendent) (C) Inform the grievant of the decision and the right to appeal to the executive director. (Person responsible: superintendent) (D) Complete Form CCIS-038, statement of grievance and resolution, and return it to the grievance coordinator (see CCIS Manual 20.27,038 for instructions). (Person responsible: superintendent) (E) If grievanl appeals, complete and send CCIS-040, appeal to the executive director, to the appeals coordinator in central office (see CCIS Manual 20.27.040 for inslruclions). Document in the log. (Person responsible: grievance coordinator) (F) If grievant does not appeal, file the completed grievance and document in the log. (Person responsible: grievance coordinator) (10) Appeals to the executive director. See GOPP §90.45.030 for appeals lo the executive director, (11) Grievances filed in security. (A) Obtain a grievance form from any security staff member. (Person responsible: student grievant) (B) Fill out the form, telling what the problem is and what would correct it. (Person responsible: student grievant) (C) Give the completed form to the security staff member. Keep the yellow copy as a record until the grievance is resolved. (Person responsible: student grievant) (D) Turn in the grievance to the grievance coordinator for resolution through the instutional grievance procedures. (Person responsible: security staff) (12) Grievance logs, files and reports. (A) Maintain and issue grievance logs to student grievance clerks! (Person responsible: grievance coordinator) (B) Maintain master grievance log and grievance files. (Person responsible: grievance coordinator) (C) Report grievance statistical informaiion to the central office grievance coordinator monthly. (Person responsible: grievance coordinator) (13) In-house monitoring. (A) Meet with the student grievance clerks at least once each week as an ongoing monitoring program. (Person responsible: grievance coordinator) (B) Meet with the central office grievance coordinator in scheduled monthly meetings. (Person responsible: grievance clerks, grievance coordinator) Source: The provisions ofthis §89.395 adopied to beeffective November 21, 1984. 9 TexReg 5720.

§89.400. Special Grievance Program. (a) Policy. Institutions use a Special Grievance Program when abuse of the Studenl Grievance System occurs. The program does not affect a student's right to make known complaints regarding violation of his rights, (b) Procedures. (1) Initial abuse. (A) Determine that the student has abused the grievance system. (Person responsible: grievance coordinator)

~~335 37 §89.400. TEXAS YOUTH COMMISSION Pt. Ill~~

(B) Notify the studenl and meet with him to remedy the situation. (Person responsible: grievance coordinator) (2) Continued abuse. (A) Appoint a committee made up of staff and students to hear evidence. Acl as moderator. Act as moderator. (Person responsible: grievance coordinator) (B) Inform student of the hearing and ask him if he would like staff assistance in presenting his case. The student must be present at the hearing. (Person responsible: grievance coordinator) (C) Present evidence that support the allegation that the studeni is abusing the grievance system. (Person responsible: grievance coordinator) (D) Present evidence that the student is not abusing the grievance system. (Person responsible: student or assigned staff representative) (E) Determine whether or not student is abusing the system and should be placed on the Special Grievance Program. (Person responsible: commiitee members) (3) Special grievance program. (A) If the committee decides lo place student on Sf>ecial Grievance Program, nolity the superinlendeni for approval. (Person responsible: grievance coordinator) (B) Approve or disapprove the decision. (Person responsible: superintendent) (C) If approved, notify studeni of his right to appeal lo the executive director. (Person responsible: superiniendent) (D) Notify' the student and his dormitory director of approval and of the dates the program will begin and end. This will be no longer than 30 days. (Person responsible: grievance coordinator) (E) Require student lo obtain numbered grievance form from dormitory director during period of Special Grievance Program. (Person responsible: youth activity supervisor staff) Note: Abuse ofthe grievance system exists when it is being used for some purpose other than the intended use ofthe system, e.g., continually destroying forms; repeatedly filing the same complaini; using the system to harrass staff. The duration of the placement on the special program should be limited to the lime needed to correct the student's behavior and at no lime needed to correct the student's behavior and at no lime any longer than 30 days. The dormitory director and grievance coordinator will work with the student to instill in him the proper respect for the system and how to use it properly. Source: The provisionsof this §89.400 adopted to be effective November 21. 1984. 9 TexReg 5720.

~~VISITATION~~

§89.425. Visitation. (a) Policy. Students have the right to receive visitors, limited only by consideration of security and order. Students have corresponding right to refuse to receive visitors. Visitation may occur from 9 a.m. to 5 p.m., seven days a week. (b) Procedure. (1) Notification of visitation procedures. (A) Send a copy of visitation rules with the letter to parents upon student's admission to the inslilution. (Person responsible: social service secretary) (B) File copy of notification in student casework subfile, (Person responsible: social service secretary) (2) Visits. (A) Direct visitors lo report lo the visitation area. Notify the student's dormitory director, youth activity supervisor (YAS) IV, or YAS staff that vistitors are on campus. (Person responsible: all staff) (B) Prepare, sign, and forward a copy of the visitation form to security. (Person responsible: dormitory' director, YAS IV, or Y.AS staff) (C) Notify' outside security that a student has visitors on campus. (Person responsible: dormitorv director, YAS IV, or YAS staff)' (D) Send studenl to visitation area, (Person responsible: dormiior>' YAS staff) (E) Pick up the studenl and visitation form and deliver to the visitation area (high escape risk student only). (Person responsible: outside security) (F) Complete the visitation form. Give the visitor a copy of visitation rules and explain them. (Person responsible: supervisory' staff) (G) Tell the visitor to contact the YAS staff before leaving campus. (Person responsible: supervisory staff) (H) Transport the student to security for search after the visitors depart. (Person responsible: outside security) (I) Search the student to check for contraband. (Females will be searched by female staffand males by male staff.) (Person responsible: security staff) (J) Return the student to the dorm. (Person responsible: outside security)

(K) Note the visit and the student reaction to it in the daDy log. (Person responsible: YAS staff) (L) Document any refusal by the student to receive visitors on the incident report, CClS-021. (Person responsible: dormitory directors or administrator on duly) Soorce: The provisionsof this §89.425 adopied to be effective Januar>' 31, 1985, 10 TexReg 206.

§89.430. Off-Campus/Ovemight Visits. (a) Policy. Students are permitted off-campus and overnight visits after they have been in residence for one-half of their minimum length of stay, have been recommended for such a visit by their group, and have approval firom the dormitory committee and superintendent or his designated representative (assistant superintendent or youlh program supervisor (YPS)). (b) Procedure. (1) Ensure the off-campus or overnight visit request is brought before the group for recommendation. Forward recommendations to the dormitory committee. (Person responsible: group leader) (2) Approve or deny ihe visit. (Person responsible: dormitory committee) (3) State the reasons for the decision in dormitory commitiee minutes if denied. (Person responsible: dormitory committee) (4) Inform the studenl ofthe dormitory committee's decision within 12 hours ofthe decision. (Person responsible: group leader or dormitory director) (5) Complete the visitor leave permit from CCIS-054 for approved visiis and forward to the dormitory director for signature. (Person responsible: youth activity supervisor IV) (6) Ensure that the visit meets these time requirements: (Person responsible: dormitory director) (A) Off-campus: 9 a.m. to 5 p.m. (or 7 p,m. on weekends if visitor agrees in writing to fiimish the evening meal.) (B) Overnight: 9 a.m. to 5 p.m. the next day (or 7 p.m. if visitor agrees in writing to fiimish the evening meal.) (7) Ensure that visitors are listed on the visitor form and are parents, legal guardians, or approved staff. (Person responsible: dormitor>' director) (8) Forward the visitor leave permit to the sujKrriniendeni or his designated representative (assistant superintendent or YPS). (Person responsible: dormiiory director) (9) Approve or deny the off-campus or overmighi visit. (Person responsible: superintendent or designee) (10) If denied, stale the reasons for the decision on the form and return it to the dormitory director. (Person responsible: superintendent or designee) (11) If approved, send the visitation form lo the director of security with a copy to the dormitory director. (Person responsible: superintendent or designee) (12) Notify the student and the visitor of approval or denial. (Person responsible: dormitory director) (13) Have the studeni brought to the visitation area by the outside security upon arrival of approved visitors. (Person responsible: director of security or designee) (14) Identify visitors by Texas driver's license or other acceptable identification. (Person responsible: director of security or designee) (15) See return from visit 50.89.450 ofthe institutions manual for return ofthe student firom the visit. (Person responsible: director of security of designee) Source: The provisions of this §89.430 adopied to be effective January 31. 1985, 10TexReg206.

§89.440. Visiting Restrictions. (a) Policy. Institutions may limit student's visits using time and place restrictions; requiring direct supervision; or denying the visit depending on the behavior of either student or the visitors, (b) Procedure. (1) Contact the YPS. assistant superintendent, or superintendent (in that order) Monday through Friday or the acting superintendent on weekends and holiday or the acting superintendent on weekends and holidays if visitors appear under the influence of drugs or alcohol or are hostile to the point of disruption. (Person responsible: security dormitory staff) (2) Meet the visitors and deny visitors to the campus if they appear lo be under the influence of drugs or alcohol or hostile to the point of disruption. Call security to assist if needed. (Person responsible: YPS, assistant superintendent, superintendent, or acting superiniendent) (3) Complete an incident report if a visitor is forced to leave. (Person responsible: security dormitory director) (4) Deny or require staff-supervised visits if documentation exists that a visitor has passed coniraband to a student or staff member, displayed hositility to a student, or aided a stident in escaping in the past. (Person responsible: supverintendent or designee)

~~337 37 §89.440. TEXAS YOUTH COMMISSION Pt. Ill~~

(5) Restrict visits to designated location under staff supervision and document on the visitation form if the student: (A) has exhibited recent negative behavior as documented in the daily log, incident reports, or security referrals; (B) is considered a run risk; or (C) is considered a security risk. (Person responsible: YPS/dormilory director) (6) Monitor visits when notified of restriction to ensure that visitors comply with mles. (Person responsible: assigned staff) (7) Contact local law enforcement if necessary to remove an unauthorized or disruptive visitor fi-om campus. (Person responsible: superintendents, assistant superinlendeni or acting superintendent only) (8) Notify director of institutions immediately if local law enforcement was called. (Person responsible: superiniendent) Source: The provisions of this §89.440 adopied to be eflective January 31. 1985. 10 TexReg 206.

§89.445. Visitation Extension. (a) Policy. Students must return from off-campus and overnight visits at the designated time unless they get an extension of visiting hours prior to the expected time of return. (b) Procedure. (1) Tell student to call his dormitory director if he wants an extension. (Person responsible: dormitorv- staff) (2) .Approve or disapprove any extension on the visitation approval form. (Person responsible: dormitory director or youth activity super\isor IV) (3) Notify security of any extensions. (Person responsible: dormitory' director of Y.AS IV) (4) Notify the acting administrator if a studeni without an extension is over 15 minutes late in reluming. (Person responsible: security staff) (5) Place Ihe student who fails to return on time on mn siaius. (Person responsible: security staff) (6) Start mn procedures. (See 50.89.470 ofthe institutions manual.) (Person responsible: YAS) Soorce: The provisions of ihis §89.445 adopied to be effeciive January 31. 1985. 10TexReg206.

~~SECURITY~~

§89.540. Staff. (a) Policy. A dormitor\' director or dormitorv^ director substitutes is on duty to handle security referrals 24 hours per day. There is an "on call" schedule for after office hours, weekend, and holiday coverage posted in the security unit. Appropriate youth activities supervisor coverage is maintained. (b) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Dormitorv^ director—The student's caseworker. (2) Dormitorv director substitute: (A) another dormitorv- director on duty; (B) any child care professional administrator designated by the superintendent that: (i) works directly with the treatment program; and (ii) has professional child care credentials superior lo that of a dormitory director. (c) Procedure. (1) Provide the director of security a dormitory direclor-on call schedule. (Person responsible: youth program supervisor.) (2) Inform security staff of location and phone numbers at all times while "on call," (Person responsible: scheduled dormitory director.) (3) Schedule a minimum of two youth activities supervisor employees per shift. (Person responsible: director of security or youth superv^isor (YAS) IV.) (4) Notify supervising staff if increased coverage is required. (Person responsible: security dormitory staff.) (5) Increase coverage appropriate to population increase. (Person responsible: director of security or YAS IV.) (6) Schedule male and female staff coverage when male and female students are in security. (Person responsible: director of security/Y.AS IV.) Source: The provisions of Ihis §89.540 adopied to beeffective March 29, 1984, 9 TexReg 1581.

~~338 Cnpvright C 1985 Stale uf Te.xas ami flan Information Sistenis. Inc. Ch. 89 INSTITUTIONAL SERVICES FOR DELINQUENT CHILDREN 37 § 89.545.~~

~~§89.545. Referral.~~

(a) Policy. The staff of Texas Youth Commission institutions refer students lo security in compliance wit the agency's child care standards for security, 90.42.100 (§81.39 of this title (relating to Security Program)). Sludenis may be referred only after alternative measures have failed or are not appropriate under the circumstances. The referring staff member may not make the decision to admit (b) References. See §89.555 of this title (relating to Admission to Security) for criteria for security admissions. (c) Procedure. (1) Referring. (.A) When you decide a studenl must be referred to security, call the security dormitory or gatehouse to transpmrt the studenl. (Person responsible; referring staff member.) (B) If the studenl requests to go to security, talk with him about alternatives but refer him lo security if necessary. (Person responsible: referring staff member.) (C) Fill Out an incident report (CCS-021). (Person responsible: referring staff member.) (i) record the behavior that led to security referral; (ii) record any counseling or alternatives you offered; (iii) if no alternatives are offered, state why not; (iv) ask student and two witnesses to fill out the special incident report (if appropriate). (D) If the report is ready, send it lo security when staff pick up the student If it is not ready wiihin 30 minutes, call the dormitor>' director or dormitory direaor to substitute to extend the time to 50 minutes. (Person responsible: referring staff member.) (E) Approve/disapprove extension. Inform security be phone if approved. (Person responsible: dormitory director or dormitory director substitute.) Documenl extension in the student's security file. (Person responsible: Security dormitory' staff.) (2) Taking the student to security. (A) Tell outside security where to pick up the student and if student is being aggressive. (Person responsible: security dormitory or gatehouse staff.) (B) Take the siudeni to security. Request more staff to help you if necessary. (Person responsible: outside security staff.) (C) Use restraints only if necessary to prevent injury to the student or others or to prevent escape. Read and follow GOPP 90.50.060, "Use of Restraints." (Person responsible: outside security staff.) (D) Call the student's dormiiory director or dormitory director substitute, tell him about the referral and the time the student arrived at security. (Person responsible: security dormitor>' staff.) (E) Write in the security daily log the lime you called the dormiiory director and any other important information needed. (Person responsible: security dormitory staff.) (F) Assign studenl to designated supervised area to await dormitor>' director. (Person responsible: security dormitor>' staff.) (G) Search student if there is reason to believe he has potential weapon(s) on his person. (Person responsible: security dormiiorv staff) (H) Send the student back by outside security staff to his regular program if you do not receive the incident report within 30 minutes (or 50 minutes if extension is approved) of the student's arrival. Send the student back if dormitory director or dormitory director substitute does not make admission decision, within 50 minutes unless extension is approved {See paragraph (3)(B) of this subsection). Document reason for return in security log. (Person responsible: security dormitory staff.) (3) Admitting the student. (.A) Go to the security dormitory and decide to admit or release student within 50 minutes ofthe student's arrival in security if possible. (Person responsible: dormiiory director or dormitory director substitute.) (B) Request verbal decision from superintendent or administrator on duty for extending the time limit of a decision to admit or release a siudeni if necessary. (Person responsible: dormitory director or dormitory director substilute.) (C) Approve or deny request. (Person responsible: superinlendeni or adminislrator on duty.) (D) If approved, documenl in ihe student's security file the time approval was given, length of approved extension and person approving in student's security file. (Person responsible; dormitory director or dormitory director substitute.) (E) Read the incident reports and talk with the student aboui what happened. (Person responsible: dormitory director or dormitory director substitute.) (F) Contact the referring staff member or witnesses if you need more information from them.(Person responsible: dormitory director or dormitory director substitute.)

~~339 37 §89.545. TEXAS YOUTH COMMISSION R. Ill~~

(G) If you decide the student does not need lo stay in security, document such on the incident report and in the security log and make arrangements for appropriate personnel to integrate studenl back into his group. (Person responsible: dormitory director or dormitory director substitute.) (H) If you decide the studenl should stay in security, make sure the student meets the criteria for admission. See 50.89.555 (§89.555 ofthis title (relating to Admission lo Security)). (Person responsible: dormitory director or dormitory director substitute.) Source: The provisions of ihis §89.545 adopted [o be effeciive March 29. 1984, 9 TexReg 1581; amended to be effective November 21. 1984, 9 TexReg 5719.

§89.555. Admission to Security. (a) Policy. A student may be admitted lo security when he is a serious and continuing escape risk, when he is a serious and immediate physical danger to himself or others, or to restrain behavior that creates substantial disruption of the routine ofthe facility, or upon the student's request. (b) Criteria. Admission to security is appropriate under the following conditions. (1) The student is a serious and continuing escape risk. (A) The student escapes or is obviously in the act of escaping; or (B) The siudeni is preparing for an escape atlempt. If it is unclear that an attempted escape is occurring, use the following guidelines: (i) the student has tried lo escape at least once before; (ii) staff or peers have seen the student planning an escape; or (iii) the student has contraband that shows he may be planning an escape. (2) The student is a serious and immediate danger. (A) the student is physically assaultive or destructive; (B) the siudeni attempts to use a weapon against others; or (C) staff cannot protect the studenl or others except by referring student to security. (3) The student substantially disrupts the program. (See related policy in the Institutions Manual, 50.89.550.) (A) the student continues to require attention that lakes staff lime away from other students; (B) The student's behavior prevents a group activity from continuing as it is designed; and (C) staff has offered repeated alternatives which have not solved the problem. (4) The student requests to go to security. .Admission is appropriate after dormitory director counsels with student and offers alternative solutions to the problem. (5) The student is awaiting a revocation or transfer hearing. (c) Procedure. (1) Read the incident report and statement by witnesses. Discuss the incident with the studeni. (Person reponsible: dormitorv' director or dormitorv' director substitute.) (2) Decide whether or not to admit student to security. (Person responsible: dormitory director or dormiiory director substitute,) (.A) If you decide not to admit, record this on the incident report (CCS-021) and send it to the data coordinator. (B) If you decide to admit the student, fill out the security detention report (CCS-022). Make sure the behavior goals and treatment plan are directly related to the behavior for which studenl was admiited. The behavior goals are to include measurements for determining when the student's behavior has stabilized sufficiently for release. Inform student of his right to grieve or appeal this decision, (3) Review the security rules with student. Have the student sign that you reviewed them, (Person respnsible: security dormitory staff.) (4) Take the student's personal items. Record them on the personal items inventory and place inventory in student's security folder. (Person responsible: security dormitorv' staff.) (5) Place the personal items in a paper bag with student's name on it and staple the bag. Put it in a locked storage unit. (Person responsible: security dormitory staff.) (6) Search and shower student before placing student in rooms or area designated for security residents. (Peson responsible: security dormitorv' staff.) (7) Wash student's clothing if dirty and issue pajamas until clothing is returned. (Person responsible: security dormitory staff/dormitor>' staff.) (8) Issue other clothing needed in security. (See related policy. Clothing in Security, Institutions Manual 50.89.625.) (Person responsible: security dormitory staff.) (9) Issue appropriate bedding. (Person responsible: security dormitor>' staff.) (10) Record student's cooperative behavior or uncooperative behavior in Studenl behavior record once each shift. (Person responsible: security dormitorv' staff")

~~340 Cipyrigiis e 1985 Stale of Te.xai and Han Information Sysiemi. Inc. Ch. 89 INSTITUTIONAL SERVICES FOR DELINQUENT CHILDREN 37 § 89.565.~~

(11) Forward original security/detention form (CSS-022) and incident report (CCS-02]) to data coordinator for computer entry. Keep a copy for student's security folder. (Person responsible: security dormiior>' staff.) Soufce: The provisions of this §89.535 adopied to be effective March 29, 1984, 9 TexReg 1581; amended to be effeciive November 21, 1984, 9 TexReg 5719. Cross References: This section cited in 37 1.\C §89.545 (relaling to Referral); and 37 TAC §89.565 (relaling to Exiended Security Confinement).

§89.560. Release from Seciirit>'. (a) Policy. .A student is released from security when he complies with his security behavior goals and treatment plans which are completed at the time of his admission, (b) Criteria. (1) There are no minimum and maximum time periods for designated behaviors and offenses for students to complete in order to be released from security. (2) The student's demonstration of stable, responsible, cooperative behavior in the security dormiior>', which has been defined in the goals and plans, is the basis for determining he is ready to be returned to his regular program. (3) The admitting staff member may specify in the student's behavior goals that a period oftime less than 24 hours is appropriate for evaluating if the siudeni has sufficiently stabilized his behavior. In most cases a few continuous hours of responsible behavior reflect that the student is sufficiently in control to resume his regular program. (4) Any student demonstrating responsible behavior for 24 hours will be considered as having stabilized and cannot be retained longer solely on the basis ofthe offense for which he was admitted. (5) If the student's present security behavior and verbal comments or his documented behavioral historj^ following previous similar incidents suggest the offending behavior will probably recur upon dismissal from security, his release may be extended 24 hours as a result of a due process hearing (see §89.565 of this tide (relaling to Extended Security Confinement)). (c) Procedure. (1) Ensure the student has met goals and conditions as shown on Security/Detention Admission Form CCS-022. (Person responsible: dormitory director. dormitor>' director substitute, or security dormitory staff.) (2) Review siudeni behavior record and talk to security staff to determine if student has been cooperative. (Person responsible: dormitor>' director, dormiior>' director substitute, or security dormitorv' staff.) (3) If paragraphs (1) and (2) ofthis subsection are not evaluated positively, follow procedures for Extended Security Confinement, 50.89.565 (§89.565 ofthis title (relating to extended security Confinement)). (Person responsible: dormiiory director, dormitory director substitute.) (4) If paragraphs (I) and (2) ofthis subsection are evaluated positively, continue with steps outlined in paragraphs (5)-(7) ofthis subsection. (Person responsible: as designated.) (5) Sign Security/Detention Form CCS-022 showing date and time of release. (Person responsible: dormitory director, dormitory director substilute, or security dormitory staff.) (6) Inspect student's room. (Person responsible: security dormitory staff.) (7) Instruct studenl to clean room, repair any minor damage, fold bedding, check and sign for all personal ilems being returned. (Person responsible: security dormitory' staff.) (S> Call the outside security staff to pick the student up and escort him back to the regular program. (Person responsible: security dormitory staff.) (9) Escort studeni back to regular program within 10 minutes of release. (Person responsible: security dormitory staff.) Source: The provisions ofthis §89.560 adopted to be effective March 29. 1984. 9 TexReg 1581.

§89.565. Extended Security Conflneineiit. (a) Policy. Sludenis may be held in security longer than 24 hours if their behavior while in security would meet the criteria for admission to security (§89.555 of this title (relaling to .Admission to Security)) or if student's documented verbal comments and/or documented behavioral history indicates that he will probably continue the offending behavior immediately upon release. Due process is afforded the student before security confinement is extended past 24 hours. The superintendent or acting superintendent can extend the 24 hour deadline if justification is sufficient and only under emergency situations. (b) Procedure. {I) Preparation for due process hearing, if the dormiiory director believes that a student should stay in security past 24 hours and no emergncy situation exists, take the following steps. Revision No.l 341 37 §89.565. TEXAS YOUTH COMMISSION Pt. Ill

(.A) Make a written requests to extend the student's stay in security past 24 hours to the person designated by the superiniendent as the due process administrator. (Use Form 50.89.565A). (Person responsible: dormitory director, director of security.) (B) Inform the student ofthe request and arrange for a due process hearing. (Person responsible: dormitory director.) (C) Inform the student of his right lo request assistance from staff in presenting his case. (Person responsible: dormitor>' director.) (D) Inform the studeni and his staff assistant of his right to be present at the hearing and the specific misconduct which will be alleged al the hearing and which will be considered in the decision to extend confinement. (Person responsible: dormitorv director.) Include: (i) the admitting offense; and (ii) the acts of misconduct or verbal comments which occured in security: or (iii) the acts of misconduct which immediately followed previous security placements. (E) Ask the studenl, his staff assistant, and dormiiorv' director if there are any witnesses that they would like written statements from concerning the allegations. (F) Notifv' appropriate security siaff members ofthe hearing and obtain written statements from witnesses. (Person responsible: dormitorv director.) (2) Due process hearing procedures. (.A) Inform the studenl and his staff assistant ofthe reason for the due process hearing and inform them ofthe specific allegations of misconduct under consideration. (Person responsible: superintendent's designee.) (B) .Ask the student whether each allegation is irue or not true; if not true, hear evidence presented by the dormitory director, security staff, director of security, and the student. (Person responsible: superintendent's designee.) (C) Provide the student and his staff assistant the opportunity to explain the student's conduct and to show that an extended stay is not necessary whether or not the acts of alleged misconduct are contested. (Person responsible: superintendent's designee.) Note: A student may be detained in security pending any continuances in the hearing for the purpose of obtaining witness testimony. The student and his staff assistant may review all witness statements and may confront and question a witness ifsuch requests is reasonable. However, such a confrontation or review of a written statement by a student will not be allowed if it would present a substantial seurity risk or threat lo witness safety or would prevent receiving information from the same or similar source in the future. (D) Make a decision regarding continued confinement based solely on the evidence presented at the hearing. Document decision on Form 50.89.565A. (Person responsible: superintendent's designee.) (E) Inform the student by written memo ofthe findings and reasons for the decision and tell him of his right to appeal an adverse decision at any point. Place copy ofthe decision at any point. Have student sign the hearing report. Form 50.89.565C. (Person responsible: superintendent's designee.) (F) Provide one copy to student. Place one copy in student's security file. (Person responsible: superintendent's designee) (G) If appealed, imediaiely send a copy of the decision to the superintendent. (Person responsible: superintendent's designee.) (H) Decide the appeal and notify the siudeni ofthe decision within 24 hours. Document decision on Form 50.89.565.A. Send a copy ofthe decision to the student's security file and the student. (Person responsible: superintendent.) (1) Note: Whenever a studeni asks to appeal an adverse decision to the superintendent on secuirty placement, the appeal process and superintendent's decision must be made before the completion ofthe 24 hour extension. This will entail completing all procedures in sufllcient lime to allow an appeal process. (3) Extending hearing deadline. If the dormitory director believes that an emei^ency situation exists that justifies extending the hearing deadline: (A) request extension in writing from the superinlendeni or acting superintendent, with justifications of extending 24 hour deadline if an emergency situation arises. (Person responsible: dormiiory director.); (B) approve or disapprove, request for extension in writing. If approved, give a time as lo when the hearing must be held. (Person responsible: superintendent/acting superintendent.); (C) file request and resonse in student's security file. (Person responsible: security dormitory staff.); (D) arrange for a hearing by the time the superintendent or acting superintendent has directed using the procedures outlined in paragraph (3) ofthis section. (Person responsible: dormitorv' director.) (4) Holding past the hearing. If the dormitory director believes that a student should remain in security 24 hours or more past the due process hearing, lake the following steps: (.A) Make a request to the director of security to confine a student in security 24 hours after the due process hearing using Form 50.89.565B. (Person responsible: dormitory director.) (B) Review the request with the dormiior>' director. (Person responsible: director of security.)

~~Revision No.l 342 Capynsht'B 1986 State ofTexas and Han Information Systems. Inc. Ch. 89 INSTITUTIONAL SERVICES FOR DELINQUENT CHILDREN 37 § 89.570.~~

(i) If the decision is to continue confinement, send a memo requesting superiniendent or acting superintendent approval, (ii) File superintendent response in student security file daily. (iii) If the decision is not to continue confinement, release the student. (C) Repeal steps outlined in subparagraphs (A) and (B) of this paragraph each 24 hours thereafter until the end of Ihe fifth day or 120 hors. (Person responsible: director of securiiy) (D) Contact the director of institutions by telephone for approval of continuing to confine a student past the fifth day or 120 hours. (Person responsible: superintendent.) (E) Complete continued Security Confinement Form. Indicate approval or disapproval. If disapproval, release the student. (Person responsible: director of institutions.) (F) Repeat steps outlined in subparagraphs (d) and (E) ofthis paragraph each 24 hours until the end ofthe seventh day or 168 hours. (Person responsible: superintendent/director of institutions.) (G) Send Request for Approval for Extended Security Confinement Form 50.89.565C with endorsement, to the executive director for approval to continue confinement past the seventh day or 168 hours. (Person responsible: director of institutions.) (H) Decide whether to approve or disapprove continued confinement and notify the director of institutions, and return the form, (Person responsible: executive driector.) (I) Notify' the superintendent of decision. (Person responsible: director of institutions.) (J) Repeat steps outlined in subparagraphs (G) and (I) ofthis paragraph each 24 hours until the student is released. (Person responsible: director of institutions.) Source: The provisions of this §89.565 adopted to be effeciive Mareh 29, 1984, 9 TexReg 1581: amended to t)e effective November 21, 1984, 9 TexReg 5719. Cross References: This section cited in 37 TAC §89.560 (relaling lo Release from Security); and 37 TAC §89.570 (relating to (solation).

§89.570. Isolation. (a) . Policy. .A student in the security dormiior>' may be placed in a locked room for isolation only if he is out of control and is a serious and immediate physical danger to himself or others and less restrictive methods of restraining have failed. Isolation is a serious and extreme measure which shall be kept to a minimum and shall never be used for restriction. Three hours is the maximum isolation period allowed unless the student is joined by a staff member. If this is necessary, the student's dormitory director, youlh activity supervisor IV, or group leader or an appropriate substitute will Slay with him until he is released. A stay in isolation beyond 24 hours requires a hearing as outlined in §89.565 of this title (relaling lo Extended Security Confinement). (b) Criteria. (1) Placing in isolation. (A) Decide if a studeni needs to be placed in isolation and if so place him. (Person responsible: securiij^ dormitorv staff) (B) Obtain approval immediately from superintendent or acting superintendent for placement. Document approval on security/detention Form CCS-022, comments section. (Person responsible: security dormitory staff.) (C) Contact student's dormitorj' director or dormitory director substitute immediaiely to report placement (Person responsible: securiiy dormitor>' staff.) (D) Personally watch the student until dormiior>' director or dormitory director substitute arrives and assumes responsibility. (Person responsible: security dormilor>' staff.) (E) Decide no longer than 15 minutes after the studenl is placed if he needs to remain in isolation. (Person responsible: dormitorv- director, dormitorv' director substilute.) (F) Decide no longer than 15 minutes after the studenl is placed if someone needs to be with the studenl at all times during isolation. Document decision and justificauon on student's security admission report CCS- 022, comments seciion. (Person responsible: dormitorv- director, dormiion' director substilute.) (G) Visually monitoo' ever\' five minutes if the decision is not lo have someone with the student at all times. Record in security daily log. (Person responsible: security dormitory staff.) (2) Holding in isolation. (A) Remain in calling distance with key to locked room. (Person responsible: security dormiiory staff) (B) Release student immediately when he no longer is a serious danger to himself or others. (Person responsible: dormitoo' director, dormitory director substitute.) (C) Get psychological and medical services when needed. (Person responsible: dormitor>' director, dormiiory director substitute.) (D) Document on CCS-022 security detention form, the date, time of isolation, and the date and lime of release. (Person responsible: dormitorv' director, dormitory director substilute.) Revision No.l 343 37 §89.570. TEXAS YOUTH COMMISSION Ft. Ill

(3) After three hours. {.\) If the student must stay in isolation after three hours, stay in the room with the studenl until he is released, (Person responsible: dormitorv' director, student's youth activities supcrvisor>' IV. or student's group leader or appropriate subslitute.) (B) If student remains in isolation past 24 hours, a hearing as outfined in §89.565 ofthis title (relating lo Extended Security Confinement), must be held. (Person responsible: superiniendent's designee.) (C) Repeat subparagraph (B) of this paragraph every 24 hours. (Person responsible: superintendent's designee.) (D) Visit wiih the student at least once each day while he is in isolation. Give daily approval of stay in isolation and documenl approval on CCS-023, detention log. (Person responsible: superintendent or acting superintendent.) (E) Visit with student at least once each day and document contact on CCS-023. detention log. (Person responsible: medical/psychiatric caseworker, dormitorv director, designated nurse.) (F) Document name. dale, and time any other person visits studeni in isolation on CCS-023, detention log. (Person responsible: securiiy dormitory staft.) Source: The provisions of ihis §89.570 adopied lo be efTective March 29. 1984. 9 TexReg 1581.

§89.575. Student Supervision. (a) Policy. Students will be closely supervised during their stay in security. (b) Procedure. (1) Visually check each siudeni everv- 15 minutes. (Person responsible: security dormitorv staff.) (2) Document each check on the security daily log. (Person responsible: security dormitorv^ stafl'.) Source: The provisions ofthis ^B^-STS adopted to be efTective March 29, 1984. 9 TexReg 1581.

§89.585. Locked Doors. (a) Policy. The security dormitorv' will be locked at ^11 times. Students' rooms in security will be locked during sleeping hours of 9:30 p.m. to 6:30 a.m. If during this time the student loses control or is a danger to himself, implement §89.570 of this title {relating to Isolation). (b) Procedure. Visually check each locked room occupied by a student each 15 minutes. (Person responsible; security dormitory staff). Source: The provisions of this 589.585 adopted lo be efTeciive March 29, 1984, 9 TexReg 1581; amended lo be effective November 21. 1984. 9 TexReg 5719.

§89.600. Visitation. (a) Policy. Student.? confined in security may receive visitors limited to parents, legal guardians, and attorneys. Visiting hours are 9 a.m.-5 p.m. for parents and legal guardians. The superintendent or his designee may permit additional hours of visitation. (b) Procedure. (1) Permit visiis in the security dormitory by parents, legal guardians between 9 a.m. and 5 p.m. (Person responsible: security dormitorv- staff.) (2) Permit visits from other people or ai other times if you think it is appropriate. .Attorneys are permitted to visit their clients at any time. (Person responsible: superintendent or designee.) (3) Ensure visits are not disruptive to the security routine. (Person responsible: securiiy dormitorv- staff.) 1,4) If a visit is causing a disturbance, call the student's dormitorv director and the director of security for permission to have the visitors leave. (Person responsible: securiiy dormiton' staff.) (5) Search the students after the visit to ensure no coniraband enters the securiiy building. (Person responsible: securiiy dormitory siatT.) (6) Ensure that any money received bv the student during the visit is properiy receipted. Provide a copy of receipt for the student. (Person responsible: securiiy dormitorv stall) (7) Take money and receipts to business oft'ice for deposit lo the student's trust fund. (Person responsible: security dormitorv- Y.\S IV.) Source: The provisions of ihis i89.<}0Q adopted to be effective March 29, J984. 9 TexReg 1581.

§89.605. Education. (a) Policy. Students in security receive four hours of academic instruction Monday-Friday, excluding holidays. During school days, the one hour of large muscle e.tercises will be counted as one of the four hours.

~~Revision No. 1 344 C,!p;Tie:h(~~

(fa) Procedure. (1) Notify students to altend class. Tell them it is mandatory. If a student does not attend all or part ofthe school hours, document the hours missed and reason for missing hours on the student's behavior record (50.89.555B). (Person responsible: security dormilor>- staft", designated academic instructor.) (2) Notify principal of number of hours each student attended school. (Person responsible: designated academic instructor.)

~~Revision No. I 344.1 This page was intentionally left blank.~~

~~Revision .No. 1 344.2 Ch. 89 INSTITUTIONAL SERVICES FOR DELINQUENT CHILDREN 37 § 89.700.~~

(3) Provide instruction according to student's educational level and, to the extent possible, consistent with instruction he would have received in his regular class. (Persoii responsible: designated academic instructor.) (4) Document instruction offered in student's academic file. (Person responsible: designated academic instructor.) (5) Documenl misbehavior leading to dismissal from class in the student behavior record. (Person responsible: designated academic instructor.)

~~Sonrce: The provisions ofthis §89.605 adopted lo be efTective March 29. 1984. 9 TexReg 1581-. amended lo be efTective Novemt)er21, 1984. 9 TexReg 5719.~~

§89.610. Physical Exercise. (a) Policy. Students in security receive one hour of large muscle exercise daily. (b) Procedure. (1) Write the daily schedule so that it includes one hour of large muscle exercise daily. During school days the exercise period is in lieu of physical education class. (Person responsible: director of security.) (2) Conduct exercise class.as scheduled. (Person responsible: security dormitory staff) (3) Post any restriction notice received from the nurse. Note in the behavior record (50.89.555B) any student who has a medical reason for not participating in exercise. (Person responsible: security dormitory staff.)

~~Source: The provisions of this §89.610 adopied to be effective March 29. 1984, 9 TexReg !581; amended to be effective Novcmber21, 1984. 9 TexReg 5719.~~

~~EDUCATION~~

§89.665. Accreditation Standards. (a) Policy. Texas Youth Commission's (TYC) academic schools are accredited as four-year high schools by the Texas Education Agency (TEA) pursuant to the requirements ofthe Texas Administrative Code, Title 19 chapter 97. TTie academic schools comply with applicable parts of Title 19 chapter 97, and with TYC child care standard 90.42.009 (§81.26 ofthis title (relating to Academic Administration)). (b) Procedure. (1) Maintain the TEA cyclical accreditation process. (Person responsible: chief of educational services) (2) Monitor the educational program monthly using the quarterly monitoring checklist. (Person responsible: principal) (3) Submit the findings to the superintendent. Stale corrective action needed. (Person responsible: principal) (4) Make periodic review and submit findings and recommendations to the director of institutions. (Person responsible: chief of educational services) (5) Review and send to the superintendent for action. (Person responsible: director of institution) (6) Review all audits and program reviews performed on educational program and submit action plans to the director of institutions and implement plans. (Person responsible: superintendent) (7) Maintain a file on audits, program reviews, and action plans for each instiiution. (Person responsible: institution's secretary)

~~Source: The provisionsof ihis §89.665 adopted to lie effective November 14. 1984, 9 TexReg 5584.~~

§89.700. Orientation to tlie Education Program. (a) Policy. Bach studenl receives an orientation to the education program within ten days of admission. Refer to 50.89.044, new studeni orientation. (b) procedure. (1) Coordinate the student's orientation to the education program. (Person responsible: principal's designee) (2) Explain school rules. (Person responsible: principal's designee) (3) Take the student on a tour ofthe academic school. (Person responsible: principal's designee) (4) Introduce the student to appropriate staff. (Person responsible: principal's designee) (5) . Answer any questions the student asks. (Person responsible: principal's designee) (6) Have the student sign the orientation form. (Person responsible: principal's designee) (7) File the orientation form in the education subfile. (Person responsible: educational secretary') (8) Send copy to data clerk for PAYMIS entry. (Person responsible: educational secretary)

~~Sourc*: The provisions ofthis §89.700 adopted to be efTective November 14. 1984. 9 TexReg 5584.~~

~~345 37 §89.705. TEXAS YOUTH COMMISSION Pt. Ill~~

§89.705. Individual Education Plan (lEP). (a) Policy. The education staff develops an Individual Education Plan (lEP) based on diagnostic information and educational records within 30 days of admission for each student in compliance with TYC child care standard 90.42.010 (§81.27 ofthis titie (relating to Academic Education)). (b) Procedure. (1) Diagnostic assessment. (A) .Administer achievement test or criterion referenced lest if the student does not have a current one in his file. (Person responsible: diagnostician or classroom teacher) (B) Coordinate the criterion referenced test results in math and reading with the student's lEP. (Person responsible: diagnostician) (C) Administer the adaptive behavior scale to students who score below 70 on IQ lest. (Person responsible: diagnostician) (E) .Administer a vocational aptitude test if student is being considered for vocational placement. (Person responsible: diagnostician) (F) If the student was enrolled in special education immediately prior to placement in TYC, schedule an Admission, Review, and Dismissal (ARD) Committee (see special education manual). (Person responsible: diagnostician) (G) Schedule a referral meeting when records indicate a need for special education or when recommended by StafT (for procedures and guidelines see special education manual). (Person responsible: diagnostician) (2) lEP development. (A) Write an lEP for each studeni. Include the student's academic strengths and weaknesses, a diagnostic summary of academic ability, and short-term and long-term goals. (Person responsible: assigned teacher, diagnostician, or ARD Committee if siudeni is educationally handicapped) (B) Distribute copies of the lEP to teachers. File a copy in the student's educational subfile. (Person responsible: education secretary) (C) Conduct three-month lEP reviews with the student. Make recommendations for continuing or changing lEP goals. (Person responsible: assigned teacher or ARD Commiitee if student is educationally handicapped) (D) Distribute updated lEPs to student's teachers. Keep a copy in the student's education subfile. (Person responsible: education secretary) (E) Check 10% of student files for updated lEPs. Report overdue work in the quarteriy monitoring report. (Person responsible: principal) Source: The provisions of this §89.705 adopied to be effeciive November 14. 1984. 9 TexReg 5584.

§89.710. Program Plan Information Form. (a) Policy. Each education department provides an update to the student's education program when he leaves to go to a new placement. (See Institutions Manual 50.89.115, individual program plan.) (b) Procedure. (!) Forward CCS-014A, program plan information form (PPIF), to the principal. (Person responsible: dormiiory director) (2) Coordinate Ihe completion of Ihe edcucational section ofthe PPIF, C(rS-014A. See the Child Care Information System Manual 20.27.014A for instructions. (Person responsible: principal or designee) (3) Return ihe PPIF lo appropriate dormitory director for inclusion in ihe student's packet. (Person responsible: principal or designee) Source: The provisions ofthis §89.710 adopted to he effeaive November 14. 1984, 9 TexReg 5584.

§89.715. Curriculum. (a) Policy. The education departmeni conducts a six-hour school day for students. (b) Overview. The Texas Youlh Commission's basic curriculum consists of language arts, English as a Second Language (ESL), math, social skills, physical education/health. Chapter I reading and math labs, eleciives, and special education. (1) Sludenis who participate in work programs or special vocation programs must have three hours of academic education daily; one hour each of math, language arts, and social skills. Student who have passed the GED test may participate in a full-time work or vocational program. Students approved for extended vocational education (six hours) will be excused from other classroom requirements. (2) All other students must have six hours of education daily including one hour each of math and language arts, two hours of social skills, one hour of physical education or health, and one hour of a Chapter I lab or an elective.

~~346 Copyright O 19S5 Siaie ofTexas and Han Informaiion Systems, Inc. Ch. 89 INSTITUTIONAL SERVICES FOR DELINQUENT CHILDREN 37 § 89.725.~~

(3) An individual education plan (lEP) for each student indicates the level at which he is capable of working. (4) Each student's math and language arts classes are taught at the appropriate level. (5) The physical education curriculum consists of physical skills and fitness goals necessary in performing physical activities and sports. Health is taught by the physical education teacher two days a week. (6) Students with medical problems may be excused from physical education lo take an elective. (7) The social skills class consists of two periods of instruction per day. (A) The curriculum consists of career education, interpersonal skills, and legal aspects. (B) The dorm period is supervised by dorm staffand consists of library activities, dorm activities, homework assignments, daily living training, and individual activities. (8) Elective classes are determined by each institution depending on its resources. (9) Each siudeni identified to receive Chapter 1 instruction has a Chapter 1 period instead of an elective. (10) Students identified as limited English proficient are enrolled in English as a Second Language. (11) Special education is offered to students identified as being educationally handicapped. Source: The provisionsof this §89.715 adopied to be effeciive November 14. 1984, 9 TexReg 5584.

§89.720. Higli Scliool Credits. (a) Policy. Institution educational programs provide sludenis the opportunity to earn high school diplomas. Students must meet all Texas Educaiion Agency and Texas Youth Commission graduation requirements. (b) Procedure. (1) Develop a class schedule that includes instruction in high school credit courses. (Person responsible: principal) (2) .Assess each student's functioning level. (See §89.705 of this fiile (relating to Individual Education Plan (lEP)).) (Person responsible: diagnositician) (3) Place appropriate students in classes for credit work. (Person responsible: principal or designee) (4) Provide assigned teachers with assessment data. (Person responsible: principal or designee) (5) Write high school credits as an lEP goal. (Person responsible: assigned teacher) (6) Submit grades to principal. (Person resix>nsible: assigned teacher) (7) Record the grades on the student's transcript. (Person responsible: educational secretary) (8) Award diplomas to students who complete their high school credits. (Person responsible: principal) (9) Monitor program quarterly to ensure that all eligible students receive credits. (Person responsible: principal) Source: The provisions of this §89.720 adopted lo be effective November 14. 1984. 9 TexReg 5584.

§89.724. Educational Transcript (a) Policy. All students leaving the Texas Youth Commission (TYC) have as part of their educational records a transcript oftheir grades and credits. Upon request, transcripts are sent to the public school where the student will be enrolled. (b) Procedure. (1) Record student grades every six weeks. (Person responsible: teacher) (2) Transfer grades to the student's transcript prior to release. (Person responsible: educational clerical staff) (3) File transcript in student's educational subfile. (Person responsible: educational clerical stafl) (4) Supply copies ofthe transcript to the student, and the student's parole officer. (Person responsible: principal) (5) Send copy of transcript upon request lo the school in which student enrolls. (Person responsible: principal) Source: The pro-, isions of ihis §89.724 adopted to be effective November 14, 1984. 9 TexReg 5584.

§89.725. Remediation Program. (a) Policy. The educaiion department provides special classes for students who need remediation in math, reading, writing, speaking, and spelling. Instruction is based on individual needs. (b) Procedure. (1) Identify student needs ihrough the diagnostic assessment. See §89.705 ofthis tide (relaling to Individual Education Plan (lEP)). (Person responsible: diagnostician) (2) Develop an lEP for each student's special needs. (Person responsible: diagnostician) (3) Meet with the assigned teachers to review the instructional methods to be used. (Person responsible: diagnostician) (4) Monitor remediation goals and instruction methods quarterly to ensure the lEP is followed. (Person responsible: diagnostician and principal)

~~347 37 §89.725. TEXAS YOUTH COMMISSION Pt. Ill~~

(5) Revise the goals or teaching methods as student progresses or monitoring indicates, (Person responsible: teacher and diagnostician) Source: The provisionsof this §89.725 adopted to be effective November 14. 1984. 9 TexReg 5584.

§89.730. English as a Second Language (ESL). (a) Policy. The education department provides special language programs for each studenl who has a home language other than English and who is assessed by the diagnostician as limited English proficient. These programs follow TYCs English as a Second Language (ESL) manual. (b) Procedure. (1) ESL personnel. (A) Take steps to recruit fully certified ESL teachers. (Person responsible: principal) (B) Follow personnel Policy 91.02.010 if you are unable to recruit certified ESL teachers. (Person responsible: superintendent) (2) Referral to ESL. (A) Serve as coordinator of ESL program. (Person responsible: diagnostician) (B) Provide an achievement test and an English language proficiency test for each limited English speaking student. (Person responsible: diagnostician) (C) Review results and recommend placement of the student in an ESL program. (Person responsible: diagnostician) (D) Approve or disapprove the recommendation. (Person responsible; principal) (E) If approved, notify' student's parents or guardian of placement. (Person responsible: principal) (F) Schedule the student for ESL instruction. (Person responsible: principal) (G) Monitor program quarterly to ensure compliance with TYC ESL program manual. (Person responsible: principal) Source: The provisions of ihis §89.730 adopted to be effective November 14, 1984. 9 TexReg 5584.

§89.740. Physical Education/Health Program. (a) Policy. Each institution offers a Physical Education/Health Program. (b) Overview. (1) The physical education component includes: (A) large muscle exercises; (B) muscle toning; (C) muscle building; (D) flexibility exercises; (E) endurance training; and (F) instruction in special interest areas of sports. (2) The health component includes: (A) sex education, pre-natal care and child-care; (B) drug education; (C) nutritional education; (D) personal hygiene training; (E) safety and first aid; and (F) training in mental health. (c) Procedure. (1) Provide physical educaiion staff with training in the content and use ofthe physical educaiion curriculum and health curriculum. (Person responsible: principal) (2) Review all related curriculum materials. (Person responsible: physical education teacher) (3) Teach physical education three days a week. (Person responsible: physical education teacher) (4) Teach health two days a week to all students. Schedule nursing staff to aid in teaching selected sections. (Person responsible: physical education teacher, nursing staff) (5) Meet weekly with the recreation supervisor to coordinate planning of physical activities between physical education and recreation. (Person responsible: physical educaiion teacher) (6) Supervise and monitor physical education and health activities quarteriy. Documenl findings on the monitoring checklist. (Person responsible: principal) Source: The provisions ofthis §89.740 adopted to be effective November 14. 1984. 9 Te.iRcg 5584.

~~348 Copvri^ht © I9S5 State Ot'Te.xas and Han Information Systems. Inc. Ch. 89 INSTITUTIONAL SERVICES FOR DELINQUENT CHILDREN 37 § 89.760.~~

§89.750. Security Education Program. (a) Policy. The students in securiiy must attend school four hours daily in the security building. One academic staff member is assigned to security for every 12 students. Refer to §89.605 ofthis title (relating to Education). (b) Procedure. (1) Call security each day for the name of students in securiiy. (Person responsible: principal's designee) (2) Schedule a sufficient number of academic staff to conduct security educational program. (Person responsible: principal) (3) Meet with the students* regular teachers daily to obtain each student's assignments. (Person responsible: assigned educational staff member) (4) Provide students four hours of instruction including one hour of large muscle exercises. (Person responsible; assigned educational staff member) (5) Give completed work back to the students* regular teachers. (Person responsible: assigned educational staff member) (6) Monitor security educational program weekly. (Person responsible: principal) Source: The provisions ofthis §89.750 adopted to be efTeciive November 14, 1984. 9 TexReg 5584.

§89.755. Infirmary Educational Services. (a) Policy. Students admiited to the infirmary for extended recovery periods are provided educational assignments. (b) Procedure. (1) Notify principal of students admitted for exiended period who are able to do assignments. (Person responsible: nurse III) (2) Coordinate siudeni assignments with teachers. (Person responsible: principal) (3) Arrange for assignments to be delivered to infirmary. (Person responsible: principal) (4) Forward completed assignments to principal. (Person responsible: nursing staff) Source: The provisions of this §89.755 adopted to be efTective November 14. 1984, 9 TexReg 5584.

§89.760. Chapter 1 Program. (a) Poiicy. Education programs provide students with compensatory reading and math instruction as indicated in the diagnosfic assessment. .AW Chapter 1 programs are in compliance with Texas Educaiion Agency regulations and Texas Youlh Commission policy (see Chapter 1 Manual). (b) Procedure. (1) Student assessment. (A) Assess all students and determine eligibility for Chapter 1 Program following guidelines outlined in Chapter I Manual. Submit names of eligible students to principal. (Person responsible: diagnostician) (B) Develop class schedule placing the most needy students in Chapter 1 Program. (Person responsible: principal) (2) Program monitoring and review. (A) Monitor program quarteriy to ensure compliance with all regulations. (Person responsible: principal) (B) Review all Chapter 1 regulations annually to keep abreast of alt changes. Inform staff of all changes. (Person responsible: principal) (3) Chapter I reports. Submit all required Chapter 1 reports/documents to chief of education services including (Person responsible: principal) (A) annual survey; (B) annual needs assessment; (C) personal services schedule; (D) annual evaluation data; and (E) purchase orders. ' (4) Personnel and equipment requests. (A) Submit request for Chapter 1 personnel and equipment lo superintendent during budgeting process. (Person responsible: principal) (B) Review requests making any necessary changes and forward to director of institutions. (Person responsible; superintendent) (C) Approve/disapprove requests af^er consulting the chief of education and inform the superiniendent, central office, fiscal department, and chief of educational services of approved/disapproved items. (Person responsible: director of institutions). Source: The provisions of ihis §89.760 adopied to be cfTcciivc November 14. 1984. 9 TexReg 5584.

~~349 37 §89.770. TEXAS YOUTH COMMISSION Pt. Ill~~

§89.770. Vocational Education. (a) Policy. Students placed in a facility thai offers vocational educaiion are evaluated for placement in the vocational education program. (b) Procedure. (1) Develop criteria for placement in the program that includes (Person responsible: principal) (.A) age requirement; (B) interest testing; (C) aptitude testing; (D) achievement scores of 6.0 and above; (E) psychological assessment; (F) approval by principal after reviewing student data and conducling student interview; (G) individual program plan (IPP) and individual education plan (lEP) with vocational goals; (H) specified length of time student needs to be in placement or, if site has a level system, specified level student needs to achieve before participation in vocational progam; and (I) methods for monitoring. (2) Develop a system for ensuring a minimum class size of eight students (Person responsible: principal) Source: The provisions of this §89.770 adopied lo be effective November 14. 1984. 9 TexReg 5584.

§89.771. Special Vocational Projects. (a) Policy. Students are compensated for their efforts toward the completion of special vocational projects. Projects accepted are used to provide students with the practice necessarv' to master a given competency. Projects include repair work on staff vehicles and the building of a variety of ilems for staff purchase. (b) Procedure. (1) Develop list of suggested new projects. (Person responsible: principal, vocational coordinator) (2) Determine if the projeci can be completed on campus in a vocational area and is related to the objectives ofthe vocational curriculum. (Person responsible: instructor) (3) Make sure that the project is not too difficult. (Person responsible: instructor) (4) Submit brief description of new project, projected cost, and studenl payment to chief of educational services for inclusion on the master list. (Person responsible: principal) (5) Distribute revised list of projects lo the field. (Person responsible: chief of educational services) (6) Determine if one or more students have the necessarv^ skills required to complete project. (Person responsible: instructor) (7) Complete three copies ofthe authority for work order form, 50.89.771A. prior to the performance ofthe work, and submit to business manager. (Person responsible: instructor) (8) .Approve work order. (Person responsible: business manager) (9) Give one copy of work order lo principal and customer. (Person responsible: business manager) (10) Add approved project to list rank ordered according to date on work order. (Person responsible: principal) (11) Make payment to student's account through business office prior to removing project from class (Person responsible: customer) (12) Show receipt to instructor. (Person responsible: customer) Source; The provisions of ihis §89."^'^ I adopted lo beeffective November 14. 1984. 9 TexReg 5584.

§89.772. Coordination of Vocational Education and Career Development. (a) Policy. Each student participating in a vocational educaiion class receives instruction in the career education component of the social skills class to help the student explore job related aspects of the vocational area. Such exploration includes job requirements and skills needed: working conditions; salary information; job availability by location: and educational requirements. Students also explore their values to ensure that job-related aspects mesh with perceived needs and wants. (b) Procedure. (1) Submit list of students and the vocational class attended by each student to the social skills teachers. (Person responsible: principal) (2) Develop individual educaiion plan (lEP) including career development goals (Person responsible: diagnostician, teacher) (3) Individualize instruction using TYC career development modules (Person responsible: social skills teacher) (4) Monitor lEPs and teacher instruction lo ensure compliance. (Person responsible: principal)

~~350 Copyrii;bi © 19X5 Stall- ofTexas and Han Infiirmalion Sv\lrmy Inc. Ch. 89 INSTITUTIONAL SERVICES FOR DELINQUENT CHILDREN 37 § 89.790.~~

(5) Schedule and lead quarterly meetings of vocational teachers and social skills teachers to ensure coordination of instruction. (Person responsible: principal) Source: The provisions ofthis §89.772 adopted lo be effeciive November 14, 1984. 9 TexReg 5584.

§89.773. General Education Development (GED) Program. (a) Policy. Texas Youlh Commission students receive report cards at six weeks intervals. A studenl must be in a program a minimum of four weeks to receive an academic grade for that reporting period. All students also receive behavioral grades. (b) Procedure. (1) Provide training in use of report cards to teachers and dormitory directors. (Person responsible: principal) (2) Record grades. (Person responsible: teacher) (3) Document grades. (Person responsible: teacher) (4) Transfer grade to report cards. (Person responsible: teacher) (5) Write comments on back of report cards if needed. (Person responsible: teacher) (6) Distribute report cards lo dormitory directors, (person responsible: principal) (7) Discuss with student when needed. (Person responsible: teacher) (8) Revie\y report cards with students. (Person responsible: dormiiory director) (9) Notify principal of sludenis who did not get report cards. (Person responsible: dormitory director) (10) Ensure students receive report cards. (Person responsible: principal) (11) Send report cards to students' parents or guardians at three month review period. (Person responsible: dormitory director) Source: The provisions of this §89.773 adopied lo be effeciive November 14, 1984, 9 TexReg 5584.

§89.775. General Education Development (GED) Program. (a) Policy. Education departments provide instruction and ensure testing for students who are eligible for General Education Development (GED). The GED programs comply with Texas Education Agency guidelines. (b) Procedure. (1) Establish criteria for eligibility in compliance with state and federal guidelines. (Person responsible: principal) (2) Identify eligible students for GED program. (Person responsible: diagnostician) (3) Prepare students for the GED test during regular school hours. (Person responsible: teacher) Source: The provisions of this §89.775 adopied to beeffective November 14, 1984. 9 TexReg 5584.

§89.785. Library Services. (a) Policy, Each education departmeni organizes and runs a central library that each student may use weekly. (b) Procedure. (1) . Ensure each student is scheduled for weekly use ofthe library. (Person responsible: principal) (2) Provide instruction to new students on how to use the library. (Person responsible: library staff, teacher) (3) Number and monitor a check-out system for items assigned to the library. (Person responsible: library staff) (4) Purchase books, magazines, and equipment for the library following TYC purchasing guidelines. (Person responsible: principal) (3) Monitor the library program quarterly using monitoring checklist (Person responsible: principal) Source: The provisions of this §89.785 adopted to be effective November 14. 1984. 9 TexReg 5584.

§89.790. Counseling Services. (a) Policy. Each education departmeni provides academic and vocational counseUng services to students. (b) Procedure. (1) .Assist student with problems in the classroom. (Person responsible: teacher) (2) Send the student to the principal if the problem is noi resolved. (Person responsible: teacher) (3) Provide counseling for identified problems. Send memo summarizing counseling session to the student's dormiiory director. (Person responsible: principal or assistant principal) (4) Inform dorm staff of problems a student is having in the academic school. (Person responsible: dormitory director) 351 37 §89.790. TEXAS YOUTH COMMISSION Pt. Ill

(5) Counsel students during the pre-release program on vocational and academic goals for returing to the community. Document goals developed on the student's Program Plan Information Form, CCS-014A. (Person responsible: principal, assistant principal, or diagoslician) Source: The provisions ofthis §89.790 adopted to be efTective November 14, 1984. 9 TexReg 5584.

§89.820. Teaching Techniques. (a) Policy. Educaiion departments use a variety of teaching techniques including individual and group instruction. (b) Procedure. (1) Teacher's responsibilities. (A) Collect and review student assessment data. (Person responsible: teacher) (B) Compare students' strengths and weaknesses to the learning objectives in the curriculum. (Person responsible: teacher) (C) Develop individualized lesson plans for students geared to their functional level. (Person responsible: teacher) (D) Provide individual instruction a maximum of four days a week. (Person responsible: teacher) (E) Develop group lesson plans based on the modal level ofthe group. (Person responsible: teacher) (F) Provide group instruction at least one day a week. (Person responsible: teacher) (G) Develop individualized reinforcement strategies of basic skills as taught through large and small group instruaion. (Person responsible: teacher) (H) Include a variety of instructional resources e.g. films, film strips, newspapers, or sound/slide show. (Person responsible: teacher) (2) Monitoring. (A) Provide or procure teacher training in individualized and group instruction. (Person responsible: principal) (B) Monitor teachers quarterly using the monitoring checklist. (Person responsible: principal) (C) File the quarterly monitoring reports in monitoring notebook. (Person responsible: educational secretary) Source: The provisions ofthis §89.820 adopted to be effective November 14. 1984. 9 TexReg 5584.

~~352 C'lip-.nylii e 19,1.' Stdiv ••< Ttwas and Han Intbriiiaiinn Systems. Inc. CHAPTER 91. CORSICANA RESIDENTIAL TREATMENT CENTER~~

~~Section No. Section Name~~

91.1. Purpose. 91.2. Philosophy. CHILD CARE 91.31. Individualized Program Plan. 91.32. Training Activities. 91.33. Mode of Life and Conduct. 91.34. Social, Psychological, and Psychiatric Services. 91.35. Family Involvement in Program Plan.

~~EDUCATION 91.41. Educational Accreditation Standards. 91.42. Individual Educational Program. 91.43. Educational Program Scope. 91.44. Use of Local School District.~~

DAILY UVING IN RESIDENTIAL PROGRAMS 91.51. Scope of Daily Living Program. •91.52. Houseparent Guidance. 91.53. Appropriate Living Atmosphere. RECREATION 91.61. Purpose of Recreational Program. 91.62. Scope of Recreational Program. 91.63. Individual Physical Assessment. VOLUNTEER PROGRAMS 91.71. Purpose of Volunteers. 91.72. Volunteer Coordinator. 91.73. Volunteer Advisor>' Board.

FOOD SERVICE 91.91. Nutritional Standards. 91.92. through 91.93. [RESERVED] MEDICAL SERVICES 91.101. Medical Treatment. 91.102. Health Program. 91.103. Medical Assessment. 91.104. Psychotropic Drugs. 91.105. Medical Services for Female Students.

STUDENT FUNDS 91.111. Student Trust Fund. 91.112. Individual Savings or Checking Account. MAIL PROCEDURE 91.121, Privacy of Mail. Provisions of Coniraband Control. 91.122. Provisions for Freedom of Correspondence. VISITATION 91.131. Visitation by Family and Friends. 91.132. [RESERVED]. CLOTHING 91.141. Personal Clothing. 91.142. Slate Provision of Clolhing.

~~353 TEXAS YOUTH COMMISSION Pt.UI~~

~~91.143. Dress Code. STUDENT COUNCIL 91.151. Studenl Representation on Student Council. 91.152. Frequency of Meetings. 91.153. Council Input. 91.154. Specific Committees.~~

DISCIPLINE 91.171. Extent of Discipline. 91.172. Purpose of Discipline. 91.173. Staff Use of Disciphne. 91.174. Student Input Regarding Rules of Conduct. 91.175. Limitations on Student Behavior. COMMUNICATIONS 91.601. Siaff. 91.604. Referral. 91.607. Disruption of Program Communications Referrals. 91.611. Admission to Communications. 91.615. Release From Communications. 91.619. Extended Communications Confinement. 91.623. Isolation. 91.627. Studenl Super>ision. 91.631. Daily Schedule. 91.635. Student Use of Restroom. 91.639. Locked Doors. 91.643. Room Inspection and Search. 91.651. Visitation. 91.655. Education. 91.659. Physical Exercise. 91.661. Counseling. 91.665. .Medical Services. 91.669. Clolhing. 91.673. Food Service. 91.681. Daily Visits. 91.685. Inspections. 91.689. Monitoring. 91.693. Communications Files.

FAMILY SERVICES PROGRAM 91.821. Overview of Standards. 91.823. Training Foster Parents. 91.825. Studenl Money Management. 91.827. Studenl Grievance Procedure. 91.830. Purchase Voucher System. 91.833. Student Record at Facility. 91.835. Temporar>' Absences from the Program. • Aulhoritj: ThL-provisions ofthese §§91.1-91.: issued under .Vis 1979. 66th Leg., ch. 842. effective September 10. 1979 (Texas Human Resources Code §61.001 a ti-q.).

~~354 C 'iip\riKhi O ItHi State of Texas and Han Information Siste/m. Inc. Ch, 91 CORSICANA RESIDENTIAL TREATMENT CENTER 37 § 91.34.~~

§91.1. Purpose. The purpose of the Texas Youth Council's programs for dependent and neglected children is to provide constructive care, training, and a homelike atmosphere for those children placed with the Youth Council by the courts of Texas on a conservatorship basis in accordance with Title 2 ofthe Texas Family Code. For educational purposes, these programs shall utilize local independent school districts and the campuses shall function in an open manner. Source: The provisions of this §91.1 adopied to be effective Januarv 1. 1976: amended to beeffective June 24, 1980. 5 TexReg 2273.

§91.2. Philosophy. The philosophy of the system is a direct extension of the purpose. This philosophy is that all programs deUvered to each youth, while he or she is in an individual program, will be designed to provide every opportunity for the youth's maximum physical, emotional, and intellectual growth. Each program will be designed through the utilization of the most current knowledge in the fieldo f child care. The planned ultimate result is, that through this process, each youth will be successfully integrated into society as a constructive citizen. Source: The provisions ofthis §91.2 adopted to be efTective Januarv I, 1976: amended to be effeciive June 24. 1980, 5 TexReg 227.1.

~~CHILD CARE~~

§91.31. Individualized Program Plan. Each child will have an individualized program plan which will assist the child in identifying problem areas and give direction for normal growth process. The plan will emphasize the child's developmental, emotional, and educational progress toward short- and long-term goals. Authorit): The provisions of ihis §91.31 issued under Acts 1979. 66lh Leg., ch. 842. effective September 10. 1979 (Texas Human Resources Code §61.001 ci seq.). Source: The pro^islonsof this §91.31 adopied lo be effective Januarv 1. 1976; amended lobe effective June 24. 1980. 5 TexReg 2273.

§91.32. Training Activities. The child will be required to participate in the necessary moral, academic, vocational, physical, and training activities as designed by the program staff. Authority: The provisionsof this §91.32 issued under Acls 1979.66th Leg..ch. 842. effective September 10. 1979 (Texas Human Resources Code §61.001 et seq.). Source: The provisions of this §91.32 adopted to beeffective Januar>' 1. 1976: amended to be effeciive June 24. i980.5TexReg 2273.

§91.33. Mode of Life and Conduct. The child will be required to adapt such modes of life and conduct as may seem best adapted to integrate him into society as a fully prarticiptating member. Authoril>: The provisions ofthis §91.33 issued under Acts 1979. 66lh Leg., ch. 842. efTective September 10. 1979 (Texas Human Rcsou rocs Code §61.001 et seq.). Source: The provisionsof this §91.33 adopted to be effective January I. 1976; amended lo beefrcctive June 24, 1980. 5 TexReg 2273.

§91.34. Social, Psychological, and Psychiatric Services. The student will be provided with the necessary social, psychological, and psychiatric counseling services as fit his individual needs. Source: The provisions of this §91.34 adopted to be effective January I. 1976.

~~355 37 §91.35. TEXAS YOUTH COMMISSION Pt. Ill~~

§91.35. Family Involvement in Program Plan. Whenever feasible, the child's family is lo be involved in the overall program plan and individualized goal-setting process. Authority: The provisions of this §91.35 issued under .Acts 1979. 66th Leg., ch. 842. efTective September 10, 1979 (Texas Human Resources Code §61.001 ct seq.). Source: The provisions ofthis §91.35 adopied to beeffective Januar> 1. 1976; amended to be effective June 24, 1980. 5 TexReg 2273.

~~EDUCATION~~

§91.41. Educational Accreditation Standards. The education program in which youth are placed will meet accreditation standards as set forth by the Texas Education Agency. Authority: The provisions ofthis §91.41 issued under Acts 1979. 66lh Leg., ch. 842, effective September 10, 1979 (Texas Human Resources Code §61.001 el seq.). Source: The provisions of this §91.41 adopted lo be effective Januarv 1. 1976: amended to be effective June 24, 1980,5TexReg 2273.

§91.42. Individual Educational Program. The educational programs for each student will be individually devised in order to meet the student's special learning needs. Each educational program will be predicated on a complete educational diagnosis. Source: The provisions of this §91.42 adopted lo be effective Januar>- 1. 1976.

§91.43. Educational Program Scope. The educational program will offer academic, career education, and prevocational courses. Authorit): The provisions ofthis §91.43 issued under .Acts 1979, 66ih Leg., ch. 842, effective September 10. 1979 (Texas Human Resources Code §61.001 et seq.). Source: The provisions ofthis §91.43 adopted to be effective Januarv 1. 1976; amended lo be effective June 24, 1980, 5 TexReg 2273.

§91.44. Use of Local School District. Each program shall utilize local independent school districts for educational programming. Authority: The provisionsof this §91.44 issued under Acts 1979. 66ih Leg., ch. 842. effective September 10. 1979 (Texas Human Resources Code §61.001 el .^eq.). Source: The provisions of this §91.44 adopted to beeffective Januar\- 1. 1976: amended to beeffective June 24. 1980. 5 TexReg 2273.

~~DAILY LIVING IN RESIDENTIAL PROGRAMS~~

§91.51. Scope of Daily Living Program. The daily living program will address the student's everyday activities in his cottage, on the campus, and in the community. Source: The provisions ofthis §91.51 adopted to be effeciive Januan.' I. 197(i.

§91.52. Houseparent Guidance. Through the guidance ofthe houseparent. the student will learn the necessar>' ever>'day social and problem solving skills. Source: The provisions ofthis §91.52 adopted io be effective January I. 1976.

~~356 (n/nrighi © I9iif State of Texas and Han Information.Systems. Inc Ch. 91 CORSICANA RESIDENTIAL TREATMENT CENTER 37 § 91.73.~~

§91.53. Appropriate Living Atmosphere. It is the responsibility of the daily living staff to provide an appropriate living atmosphere for the student while he is in the institution. The student's needs for privacy and individuality shall be met. Anthorit>: The provisions ofthis §91.53 issued under Acls 1979. 66lh L^g., ch. 842. eflective September 10, 1979 (Texas Human Resources Code §61.001 ctseq.). . Source: The provisions of ihis §91.53 adopted lo be effeciive January 1, 1976; amended lo be effective June 24. 1980, 5 TexReg 2273.

~~RECREATION~~

§91.61. Purpose of Recreational Program. The recreational program will enable each student to learn and to participate in constructive leisure time activities. Source: The provisions ofthis §91.61 adopted to be effective January 1, 1976.

§91.62. Scope of Recreational Program. The recreational program will emphasize individual, group, and special activities. Source: The provisions ofthis §91.62 adopted to IK effective January' 1. 1976.

§91.63. Individual Physical Assessment. Individual physical assessments will be made of each studenl and an appropriate program will be developed to enhance his physical and recreational skills. Source: The provisions ofthis §91.63 adopted to IK efTective January 1. 1976.

~~VOLUNTEER PROGRAMS Authorit}-: The provisions ofthese §§91.71-91.73 issued under Acts 1979, 66lh Leg., ch. 842. effective September 10, 1979 (Texas Human Resources Code §61.001 et seq.).~~

§91.71. Purpose of Volunteers. Volunteers are to be utilized in each program to provide program enrichment and adult role models for the students. Source: The provisions of this §91.71 adopted to be effective Januarv 1. 1976; amended to be effective June 24. l980,5TexReg 2273.

§91.72. Volunteer Coordinator. Volunteers are to be recruited and screened by the volunteer coordinator in each residential program. The coordinator is responsible for designing both individual and group volunteer programs. Source: The provisionsof this §91.72 adopted to be effective Januarv 1. 1976: amended to IK effective June 24, 1980. 5 TexReg 2273.

§91.73. Volunteer Advisory Board. Volunteer advisor>' boards are to be established for each residential program. These boards are to be made up of the community's citizenry. The board's purpose is to establish communication and support between the program and the community. Source: The prosisio[tsoflhis§9L73 adopied to be effective January 1. 197<>. amended lobe effective June 24. 1980.5TexReft 2271

~~.^57 37 §91.73. TEXAS YOUTH COMMISSION Pt. Ill~~

~~FOOD SERVICE~~

§91.91. Nutritional Standards. The food prepared for each student will exceed the nutritional standards as set forth by the Texas Department of Human Resources' Minimum Standards for Basic Child Care Institutions. Authority: The provisions ofthis §91.91 issued under .Acts 1979. 66ih Leg.,ch. 842. effective September 10. 1979 (Texas Human Resources Code §61.001 e! seq.). Source: The provisions of this §91,91 adopted lo be effective Januar\ 1, 1976: amended to beeffective June 24. 1980.5TexRcg 2273.

~~§91.92. through 91.93. [RESERVED]~~

~~MEDICAL SERVICES Authority: The provisions ofthese §§91.101-91.105 issued under Acis 1979, 66th Leg., ch. 842. effeciive September 10. 1979 (Texas Human Resources Code §61.001 ci seq.).~~

§91.101. Medical Treatment. The programs shall provide medical treatment for children in ils custody. This treatment shall be designated to assess physical, dental, and psychiatric needs of each child committed to its care. Source: The provisions of (his §91.101 adopted to be effective Januarv I. 1976: amended to be effective June 24. l980,5TexReg 2273.

§91.102. Health Program. Every program shall have a health program designed to protect and promote the physical and mental well-being of residents, discover those in need of short-term or long-term medical, dental, and psychiatric treatment, and to contribute to their rehabilitation by appropriate diagnosis and treatment and provisions of continuation of care following release. Sout«'. Thcprovi.siQtK^ofi.ti.is59l.l02adciviv;diQbiiefCe<:uvc lanuw.- L IQIfe-.amendtdWbt^fftcvw* lunt 24. t9&0, 5Te\Rtj 2273.

§91.103. Medical Assessment. Records ofthe following medical assessments will be retained in each child's folder (1) a medical histor>'; (2) a physical examination performed by a physician to include a search for signs of communicable disease, including venereal disease: for any correctable health defects and signs of medical conditions which might influence behavior; (3) a dental assessment to include examination of each tooth by a dentist; (4) laboratory studies lo include a complete blood count, urinalysis, serology drawing, and culture for gonorrhea as appropriate for age; (5) screening for tuberculosis; (6) immunizations in accordance with Texas law; and (7) screening for hearing and vision. Source: The proMSions of Ihis §91.103 adopted to be effeciive January' 1. 1976: amended to be effective June 24, 1980. 5 TexReg 2273.

§91.104. Psychotropic Drugs. The use of psychotropic drugs will be monitored. Psychotropic drugs will not be administered for the purpose of program management or control. Source: The provisions of this §91.104 adopted lo be effective June 24. 1980. 5 TexReg 2273.

§91.105. Medical Services for Female Students. Medical services either at the facility or by referral ofthe facility shall be provided to meet the gynecological needs of female students. Source: The provisions of ihis §91.105 adopted to be effective June 24. 1980. 5 TcxRcg 2273.

~~358 Ci)ii\rtf(hi O 19H5 State of Tc.\a\ and Han Information Svsiein\. Inc. Ch. 91 CORSICANA RESIDENTIAL TREATMENT CENTER 37 § 91.132.~~

~~STUDENT FUNDS~~

§91.111. Student Trust Fund. All children's funds are initially deposited in a trust fund. The child will receive an individual receipt for each deposit. A child may make a withdrawal according to his need, responsibility, and purpose. Source: The provisionsof this §91.111 adopied to be effective Januarv 1. 1976.

§91.112. Individual Savings or Checking Account. With approval ofthe program administrator, an individual child may establish his own savings and checking account. Authority: The provisions ofthis §91.112 issued under Acis 1979. 66th Leg., ch. 842, effective Sepiember 10. 1979 (Texas' Human Resources Code §61.001 a seq.). Source: The provisionsof this §91.112 adopted to be effective Januarv 1. 1976; amended to be effective June 24,1980, 5 TexReg 2273.

~~MAIL PROCEDURE~~

§91.121. Privacy of Mail, Provisions of Contraband Control. Students have the right to correspond freely through the mail. Staff may not read incoming or outgoing mail but may open mail in the student's presence to inspect it for contraband. Coniraband is defined in §81.61 ofthis title (relating to Definitions). Aiilhorilv: The provisions of this §91.I2i issued under Acts 1979. 66th Leg., ch. 842, effective Sepiember 10, 1979 (Texas Human ResourcesCode§61.001 rrjrt?.). Source: The provisions ofthis §91.121 adopted to be effective January 1, 1976; amended to beeffective June 24.1980, 5 TexReg 2273.

§91.122. Provisions for Freedom of Correspondence. The number of persons with whom a siudeni may correspond by mail shall not be limited. Writing paper, envelopes, pencils or pens, and at least three stamps per week shall be provided. Source: The provisions ofthis §91.122 adopied to be effective January- 1, 1976.

~~VISITATION~~

§91.131. Visitation by Family and Friends. Visitation by family and friends of students is permitted and encouraged as appropriate. (t) Visitation may lake place for at least two hours a day on at least iwo separate days between Monday and Friday. (2) On Saturdays, Sundays, and holidays, visitation may lake place at least between 9 a.m. and 5 p.m. Authority: The provisions of ihis §91.131 issued, under Acis 1979. 66lh Leg., ch. 842, effective Sepiember 10. 1979 (Texas Human Resources Code §61,001 ft .uy.). Source: Theprovisionsof this §91.131 adopied lobe effeciive Januar\' 1. 1976; amended lo be effeciive June 24. 1980, 5 TexReg 2273.

~~§91.132. [RESERVED).~~

~~CLOTHING Authorit>: The provisions ofthese §§91.141-91.143 issued under .Acts 1979, 66th Leg., ch. 842, effective September 10. 1979 {Texas Human Resources Code §61.001 ei seq.).~~

~~359 37 §91.141. TEXAS YOUTH COMMISSION Pt. Ill~~

§91.141. Personal Clothing. Each student is encouraged to wear his personal clothing. The parents and/or managing conservator ofthe student are also encouraged to supply the siudeni with necessary clothing or the funds to purchase appropriate clothes. Source: The provisions ofthis §91.141 adopied to be effeciive January 1. 1976; amended to beeffective June 24, 1980, 5 TexReg 2273.

§91.142. State Provision of Clothing. If the student or his parents are unable to provide sufficient funds to purchase appropriate clothing, the program through appropriated funds or solicited donations will be responsible for purchasing clothing for the student on an individual basis. Source: The provisionsof ihis §91.142 adopted to be effective January I. 1976; amended to be effeaive June 24. 1980, 5 TexReg 2273.

§91.143. Dress Code. While under the supervision ofthe program, the student will be expected to dress according to the established student dress code. Source: The provisions of ihis §91.143 adopied to beeffective Januarv 1. 1976; amended to beeffective June 24. 1980, 5 TexReg 2273.

~~STUDENT COUNCIL Authority: The provisions of these §§91.151-91.153 issued under Acts 1979. 66th Le^, ch. 842. eflective Sepiember 10, 1980 (Te.iias Human Resources Code §61.001 el .seq.).~~

§91.151. Student Representation on Student Council. Each institution will have al least one student per cottage on the Student Council. The sludenis are lo be elected from each collage by democratic vote. Source: The provisionsof this §91.151 adopted to beeffective Januarv- 1. 1976: amended to beeffective June 24, 1980. 5 TexReg 2273.

§91.152. Frequency of Meetings. The Student Council will meet at least once a month with the superintendent or his appointee. Source: The provisionsof this§91.152 adopted to beeffective January 1. 1976: amended to beeffective June 24, 19S0.5TexReg 2273.

§91.153. Council Input. The council will advise institutional staff as to current student issues at the institution, develop special student projects, and have input into institutional policy affecting the student body. Source: The provisions ofthis §91.153 adopted to beeffective Januan- 1. [976: amended to beeffective June 24, 1980. 5 TexReg 2273.

§91.154. Specific Committees. Specific committees may be formed for particular projects, issues, or problems. The representation ofthe committee will reflect the children affected or involved in the issue or projeci, etc. Authority: The provisions of [his §91.154 issued under .Acts 1957. 55ih Leg., p. 660. ch. 281. effective .August 22. 1957, as amended (TexasCiv. St. an. 5143d). Source: The provisions ofthis §91.154 adopted to be effective January 1. 1976.

~~360 Ciii'\ri!;Hi C I'^H.' .Matcol Texas and Hart In/ormaiion Sxsienis. Inc. Ch. 91 CORSICANA RESIDENTIAL TREATMENT CENTER 37 § 91.601.~~

~~DISCIPLINE~~

§91.171. Extent of DiscipUne. Discipline shall be maintained in all TYC facilities and program to the e:(ient necessary to maintain order and to provide a safe and constructive environment for the youth in the care and custody of TYC. Anthority: The provisions ofthis §91.171 issued under Acts 1979. 66th Leg., ch. 842, effeciive September 10, 1979 (Texas Human Resources Code §61.001 el seq.). Source: The provisions ofthis §91.171 adopied to be eflfective January t. 1976; amended to beeffective June 24. I9S0, 5 TexReg 2273.

§91.172. Purpose of Discipline. Discipline will be used for the purpose of instruction and training and not simply for the sake of regimentation. Authority: The provisions ofthis §91.172 issued under Acts 1979. 66lh Leg,, ch. 842. effective September 10, 1979 (Texas Human Resources Code §61.001 et seq.). Source: The provisionsof this §91.172 adopted to beeffective Januarv 1, 1976; amended to be effective June 24, 1980. 5 TexReg 2273.

~~§91.173. Staff Use of Discipline. Staff will use discipline with a concerned, kind, yet firm manner. Source: The provisions of this §91.173 adopied to be effective January 1. 1976.~~

§91.174. Student Input Regarding Rules of Conduct. Students shall share in the setting of rules of conduct and behavior whenever feasible. Source: The provisions ofthis §91.174 adopted to be effective January 1. 1976.

§91.175. Limitations on Student Behavior. Students will not be allowed to physically hurl one anoiher, staff, destroy properly, escape from the program, or sigiiificanlly disrupt the program. Authority: The provisions of this §91.175 issued under Acts 1979, 66th Leg., ch. 842. effective Sepiember 10, 1979 (Texas Human Resources Code §61.001 et seq.). • Source: The provisionsof this §91.175 adopted to be effeciive Januan' 1, 1976: amended lo beeffective June 24. 1980, 5 TexReg 2273.

~~COMMUNICATIONS~~

§91.601. StafT. (a) Policy. A caseworker or caseworker substitute is on duly to handle communications referrals 24 hours per day. There is an on call schedule for after office hours, weekend, and holiday action coverage posted in the communications unit. Appropriate youth activities supervisor coverage is maintained. (b) Definitions. (1) Caseworker—The student's caseworker. (2) Caseworker substitute— (A) another caseworker on duty; (B) any child care professional administrator designated by the superintendent who works directly with the treatment prograrh; has professional child care credentials superior to that of a caseworker. (c) Procedure. (1) Provide communications a caseworker-on-call schedule. (Person responsible: superintendent) (2) Inform communications staff of location and phone numbers at all times while on call. (Person responsible: schedule caseworker) (3) Schedule a niinimum of two youth activities supervisor employees per shift. (Person responsible: communications youth activities supervisor (YAS III)) (4) Notify supervising staff if increased coverage is required. (Person responsible: communications dormitory staff) 361 37 §91.601. TEXAS YOUTH COMMISSION Pt. Ill

~~(5) Increase coverage appropriate to population increase. (Person responsible: communications YAS III) Source: The provisions of ihis §91.601 adopied to be effeciive November 16. 1984, 9 TexReg 5482.~~

§91.604. Referral. (a) Policy. The staff of Corsicana Residential Trealmeni Center refer students to communications in compliance with the agency's child care standards for security, 90.42.100 (§81.39 ofthis title (relating to Security Program)). Students may be referred only after alternative measures have failed or are not appropriate under the circumstances. Students should not normally be referred from a cottage when three collage staff are on duly. (b) References. See §91.611 ofthis title (relating to Admission to Communications) for criteria for communications admissions. (c) Procedure. (1) Referring. (A) When you decide a studeni must be referred to communications, call communications to transport the student. (Person responsible: referring staff member) (B) If the student requests to go to communications, talk with him about alternatives, place him in time out, then refer him to communications if necessary. (Person responsible: referring staff member) (C) Fill out an Incident Report (CCS-021). (Person responsible: referring staff member) Include: (i) the behavior that led to communications referral; (ii) record any counseling or alternatives you offered; (iii) if no alternatives are offered state why not; (iv) ask student and iwo witnesses to fill out the special incident report, 49.91.604A, if appropriate. (D) If the repon is ready, send it to communications when staff pick up the student. The report must be received in communciations within 50 minutes of the referral. (Person responsible: referring staff member) (2) Taking the studenl to communications. (.\) Tell communications where to pick up the siudeni and if student is being aggressive. (Person responsible: referring staff member) (B) Take the student to communications. Request more staff to help you if necessary. (Person responsible: communications staff) (C) Use restraints only if necessary to prevent injur>' to the student or oihers or to prevent escape. Read and follow GOPP 90.50.060, "Use of Restraints." (Person responsible: communications stafO (D) Search student before placing student in room or other designated area. (Person responsible: communications stafl) (E) .Assign student to designated supervised area lo await caseworker or caseworker substilute. (Person responsible: communications staff) (F) Call the siudeni's caseworker or caseworker substituie. Tell him about the referral and the lime the student arrived at communications. (Person responsible: communications staff) (G) Write in the communications daily log the time you called the caseworker and any other important information needed. (Person responsible: communications staff) (H) Send ihe student back with communications staff to his regular program if you do not receive the incident report wiihin 50 minutes of the student's arrival. Send the student back if the caseworker or caseworker substituie does not make admission decision within 50 minutes unless extension is approved (See subparagraph (3)(B) ofthis subsection). Document reason for return in communications log. (Person responsible: communications stafO (3) Admitting the student. (A) Go to the communications and decide to admit or release student within 50 minutes ofthe student's arrival in communications if possible. (Person responsible: caseworker or caseworker substitute) (B) Request verbal decision from superintendent or administrator on duty for extending the time limit of a decision to admit or release a studeni if necessary. (Person responsible: caseworker or caseworker substitute) (C) .Approve or deny request. (Person responsible: superintendent or administrator on duly) (D) Document the request on CCS-022. If approved, document the time approval was given; length of approved extension; and person approving the extension. (Person responsible: caseworker or caseworker subsiitute) (E) Read the incident reports and talk with the student aboul what happened. (Person responsible: caseworker or caseworker substituie) (F) Contact the referring staff member or witnesses if you need more infomration from them. (Person responsible: caseworker or caseworker substilute)

~~362 (iipyrtghi © 19X5 StatriifTr.xa^andllan InformationSrsteim. Inc. Ch. 91 CORSICANA RESIDENTIAL TREATMENT CENTER 37 § 91.611.~~

(G) If you decide the student does not need to stay in communicaloins, document such on the incident report and in the communications log and make arrangements for appropriate personnel to integrate studenl back into his group. (Person responsible: caseworker or caseworker substitute) (H) If you decide the studeni should slay in communications, make sure the studenl meets the criteria for admission. See §91.611 ofthis title (relaling to Admission to Communications). (Person responsible: caseworker or caseworker substitute)

~~Source; The provisions of this §91.604 adopted to be efTeciive November 16. 1984. 9 TexReg 5482.~~

§91.607. Disruption of Program CominDiiications Referrals. (a) Policy. A siudeni may be referred or admitted to communications for substantial disruption of a program or activity. The student will not be admitted to communications unless documented alternative measures were taken and when at least three staff members are on duty. (b) Procedure. (1) Take measures to address and correct the disruptive behavior such as counseling, restriction of privileges, or group discussion, and document measures laken on review for substantial program disruption form, CCS-()21, page two. (Person responsible: any stafi) (2) If student requires attention that takes staff away from students and three cottage staff are on duty, one staff should remove himself and the studeni from, the group for individual counseling or time out. (Person responsible: any staff) (3) If the student continues to require attention which lakes staff time away from other students, or behavior that prevents group activity from continuing, refer the studenl lo communications. See §91.604 of this title (relating to Referral). (Person responsible: any staff) (4) Complete review for substantial program disruption, CCS-021, page two, along with other appropriate forms for referring siudeni to communications. See §91.604 ofthis title (relating to Referral). (Person responsible: referring staff member) Source: The provisions of this §91.607 adopted to be effective November 16, 1984. 9 TexReg 5482.

§91.611. Admission to Communications. (a) Policy. Criteria for admission is limited to prevent imminent physical harm to self or others; to prevent imminent and/or substantial destruction of property; to prevent escape; lo deter behavior that creates a substantial disruption of Corsicana Residentail Treatment Center programs; or to respond to student self request. (b) Criteria. .Admission io communications is appropriate under the following conditions: (1)' Where there are reasonable grounds to believe, based on overt acts, that the student is a serious and continuing escape risk. (.A) The studenl escapes or is obviously in the act of escaping; or (B) The student is preparing for an escape aitempi. If it is unclear that an attempted escape is occurring, use the following guidelines: (i) the student has tried to escape at least once before; (ii) staff or peers have seen the siudeni planning an escape; or (iii) the studeni has coniraband that shows he may planning an escape. (2) Where the student is a serious and immediate physical danger to self or others. (,A) The student is physically assaultive or destructive; (B) The studenl attempts to use a weapon against others; or (C) Staff cannot protect the siudeni or others except by referring student to communications. (3) Where confinement is nccessar>' to prevent imminent and substantial destruction of property. (4) To restrain behavior that creates substantial disruption ofthe program ofthe facility. (A) The student continues to require altenlion that takes staff time away from other students; and (B) The student's behavior prevents a grouip activity from continuing as it is designed; and (C) Siaff has offered repeated alternatives which have not solved the problem. (5) The student requests to go (o communications. Admission is appropriate after caseworker counsels with student and offers alternative solutions to the problem. (6) The studenl is awaiting a transfer or revocation hearing. (c) Procedure. (1) Read ihe incident report and statement by witnesses. Discuss the incident with the student. (Person responsible: caseworker or caseworker substitute) (2) Decide whether or not lo admit student to communications. (Person responsible: caseworker or caseworker substitute)

~~363 37 §91.611. TEXAS YOUTH COMMISSION Pt. Ill~~

(A) If you decide not to admit, record this on the incident report (CCS-021) and give to communications staff so it can be sent to the data coordinator. (B) If you decide to admit the student, fill out the security repon (CCS-022). Make sure the behavior goals and treatment plan are directly related to the behavior for which student was admitted. The behavior goals are to include measurements for determining when the student's behavior has stabilized sufficiently for release. Inform student of his right to grieve or appeal this decision. (3) Review the communication rules with student, have the siudeni sign that you reviewed them. (Person responsible: communications staff) (4) Take the student's personal items. Record them on the personal items inventory and place inventor)' in student's communications folder. (Person responsible: communications staff) (5) Place the personal items in a paper bag with student's name on it and staple the bag. Put it in a locked storage unit. (Person responsible: communications staff) . (6) Search and shower student before placing studeni in room or area designated for communications residents. (Person responsible: communications staff) (7) Wash student's clolhing if dirty and issue pajamas until clolhing is returned. (Person responsible: communications staff/cottage staff) (8) Issue other clothing needed in communication (See related policy, Clothing in Communications 49.91.669 (§91.669 ofthis title (relating to Clothing)). (Person responsible; communications staff) (9) Issue appropriate bedding. (Person responsible: communications staff) (10) Record student's cooperative behavior or uncooperative behavior in student behavior record once each shifi. (Person responsible: commuications staff) Source: The provisions ofthis §91.611 adopted to be effective November 16, 1984. 9 TexReg 5482.

§91.615. Release From Communications. (a) Policy. A student is released from communications when he compUes with his communications behavior goals and irealment plans, which are completed al the time of his admission. (b) Criteria. (1) There are no minimum or maximum time periods for designated behavior and offenses for studenl lo complete in order to be released from communications. (2) The student's demonstration of stable, responsible, cooperative behavior in the communications dormitory, which has been defined in the goals and plans, is the basis for determining he is ready to be returned to his regular program. (3) The admitting staff member may specify in the student's behavior goals thai a period oftime less than 24 hours is appropriate for evaluating if the student has sufficiently stabilized his behavior. In most cases, a few- continuous hours of responsible behavior reflect that the student is sufficiently in control to resume his regualr program. (4) Any student demonstrating responsible behavior for six hours iwll be considered as having stabilized and cannot be retained longer solely on the basis ofthe offense for which he was admitted. (5) If the student's present communications behavior and verbal comments or his documented behavioral history following previous similar incidents suggest the offending behavior will probably recur upon dismissal fi'om communications, his release may be exiended 24 hours as a result of a due process hearing (see 49.91.619 (§91.619 ofthis title (relating to Extended Communications Confinement)). (c) Procedure. (1) Ensure the studeni has met goals and conditions as shown on security report. Form CCS-022. (Person responsible: caseworker or caseworker substitute, or communications staff) (2) Review student behavior record and talk to communications staff to determine if student has been cooperative. (Person responsible: caseworker or caseworker substitute, or communications staff) (3) If paragraph (1) and paragraph (2) ofthis subsection are not evaluated positively, follow procedures in §91,619 of this title (relating to Extended Communications Confinement). (Person responsible: caseworker or caseworker substitute) (4) If paragraph (1) and paragraph (2) ofthis subsection are evaluated positively, continue with steps outlined in paragraphs (5)-(7) ofthis subsection. (Person responsible: as designated) (5) Sign security report. Form CCS-022, showing date and lime of release. Send it and the incident report. Form CCS-021, to the data coordinator. Keep copies for the student's communications file. (Person responsible: caseworker or caseworker substitute, or communications staff) (6) Inspect student's room. (Person responsible: communications staff) (7) Instruct student to clean room, repair any minor damage, fold bedding, check and sign for all personal items being returned. (Person responsible: communications staff) (8) Call the cottage staff lo pick the student up and escort him back lo the regular program. (Person responsible: communications staff)

~~364 Copynghi © l9/i5 Siaic of Te.xas and Han Information Systems. Inc. Ch. 91 CORSICANA RESIDENTIAL TREATMENT CENTER 37 § 91.619.~~

(9) Escort student back to regular program within 10 minutes of release. (Person responsible: collage or communications staff) Source: The provisions ofthis §91.615 adopied lo be effective November 16, 1984, 9 TexReg 5482.

§91.619. Extended ConmiDnications Confinement. (a) Policy. Sludenis may be held in communications longer than 24 hours if their behavior while in communications would meet the criteria for admission lo communications (see §91.611 of this title (relating to Admission to Communications)), or if student's documented verbal comments or documented behavioral history indicates that he will probably continue the offending behavior immediately upon release. Due process is afforded the student before communications confinement is extended past 24 hours. The superintendent or acting superintendent can extend the 24-hour deadline if justification is sufficient and only under emergency situations. (b) Procedure. (1) Preparation for due process hearing. If the caseworker believes that a studenl should stay in communications past 24 hours and no emergency situation exists, take the following steps: (A) Make a written request by memo to extend the student's stay in communications past 24 hours to the person designated by the superintendent as the due process administrator. (Person responsible: caseworker, director of communications) (B) Inform the student ofthe request and arrange for a due process hearing. (Person responsible: caseworker) (C) .Inform the studenl of his right to request assistance from staff in presenting his case. (Person responsible: caseworker) (D) Inform the studeni and his staff assistant of his right to be present al the hearing and the specific misconduct which will be alleged at the hearing and which will be considered in the decision to extend confinement. (Person responsible: caseworker) Include: (i) the admitting offense; and (ii) the acts of misconduct or verbal comments which occurred in communications; or (iii) the act of misconduct which immediately followed previous communications placements. (E) Ask the studenl, his staff assistant, and dormitory director if there are any witnesses that they would like written statements from concerning the allegations. (Person responsible: superintendent's designee) (F) Notify appropriate communications staff members of the hearing and obtain written statements from witnesses. (Person responsible; caseworker) (2) Due process hearing procedures. (A) Inform the student and his staff assistant ofthe reason for the due process hearing and inform them ofthe specific allegations of misconduct under consideration. (Person responsible: superintendcnl's designee) (B) Ask the student whether each allegation is true or not true; if not true hear evidence presented by the caseworker communications staff, director of communications, and the student. (Person responsible: superinlen dent's designee) (C) Provide the student and his staff assistant the opportunity to explain the students conduct and to show that an exiended stay is not necessary whether or not the acts of alleged misconduct are contested. (Person responsible: superintendent's designee) Note: A student may be detained in communications pending any continuances in the hearing for the purpose of obtaining withness testimony. The student and his staff assistant may review all witness statements and may confront and question a witness ifsuch requiest is reasonable. However, such a confrontation or review of a written statement by a student will not be allowed if it would present a substantial security risk or a threat to witness safety or would prevent receiving information from the same or similar source in the future. (D) Make a decision regarding continued confinement based solely on the evidence presented at the hearing. Document decision on security report. Form CCS-022 and Form 49.91.619A. (Person responsible: superintendent's designee) (E) Inform the studenl by written memo ofthe findings and reasons for the decision and tell him of his right to appeal an adverse decision at any point. Place copy ofthe dcision in student's communications file. (Person responsible: superintendent's designee) (F) If appealed, immediately send a copy of the decision to the superintendent. (Person responsible: superintendent's designee) (G) Decide the appeal and notify the studenl of the decision within 24 hours. Document decision on Form 49.91.619A. Send a copy ofthe decision to the student's communication file and the student. (Person responsible: superiniendent) (H) Note: Whenever a student asks to appeal an adverse decision to the superintendent on communications placement, the appeal process and usperintendent's decision must be made before the completion ofthe 24-hour extension. This will entail completing all procedures in sufficient lime lo allow an appeal process. (3) Extending hearing deadline. If the dormiiory director believes that an emergency situation exists that justifies extending the hearing deadline:

~~365 37 §91.619. TEXAS YOUTH COMMISSION Pt. Ill~~

(A) Request extension in writing from the 5u[)erintendent or acting superiniendent, with justifications of extending 24-hour deadline if an emergency situation arises. (Person responsible: caseworker) (B) .Approve or disapprove request for extension in writing. If approved, give a time as to when the hearing must be held. (Person responsible: superintendent/acting superintendent) (C) File request and response in student's communications file. (Person responsible: communications staff) (D) .Arrange for a hearing by the time the superintendent or acting superintendent has directed using the procedures outlined in this subsection. (Person responsible: caseworker) (4) Holding past the hearing. If the dormitorv' director believes that a student should remain in communications 24 hours or more past the due process hearing, take the following steps; (A) Make a request to the director of communications lo confine a student in communications 24 hours afler the due process hearing using Form 49.91.6I9B. (Person responsible: caseworker) (B) Review the request with the dormiiory director. (Person responsible: director of communications) (i) If the decision is to continue confinmenl, send a memo requesting superintendent or acting superinlendeni approval. (ii) File superintendent's response in student communications file daily. (iii) If ihe decision is not to continue confinement, release the student. (C) Repeat steps outline in subparagraph (.A) and subparagraph (B) ofthis paragraph each 24 hours thereafter until the end ofthe fifth day or 120 hours. (D) Contact the director of community/special services by telephone for approval of continuing to confine a studenl past the fifth day or 120 hours. (Person responsible: superintendent) (E) Complet continued communications confinement Form 49.91.619C. Indicate approval or disapproval. If diapproval, release the studeni. (Person responsible: director of community/special services) (F) Repeat steps outlined in subparagraph (D) and subparagraph (E) ofthis paragraph each 24 hours until the end ofthe seventh day or 168 hours. (Person responsible: superintendent/director of community/special services) (G) Send request for approval for extended security confinement Form 49.9I.619C with endorsement, to the executive director for approval to continue confinment past the seventh day or 168 hours. (Person responsible: director of community/special services) (H) Decide whether to approve or disapprove continued confinement and notify the director of community/ special services and return the form. (Person responsible: executive director) (I) Notify the superiniendent of decision..(Person responsible: director of community/special services) (J) Repeat steps outline in subparagraph (G) and subparagraph (1) ofthis paragraph each 24 hours until the siudeni is released. (Person responsible: director of communily special services) (K) Document all extension on CCS-022. security report.

~~Source: The provisions oflhis S9I.6I9 adopted lo be efTeciive November 16. 1984, 9 TexReg 5482.~~

§91.623. Isolation. (a) Policy. .A student in the communications unit may be placed in a locked room for isolation only if he is out of control and is a serious and immediate physical danger to himself or others and less restrictive methods of restraint have failed. Isolation is a serious and extreme measure which shall be kept to a minimum and shall never be used for relribution. Three hours is the maximum isolation period allowed unless the student is joined by a staff member. If this is necessar\ the studem's caseworker, youth activity supervisor III, or an appropriate subsiitute will stay with him until he is released. .A stay in isolation beyond 24 hours requires a hearing as outlined in §91.619 ofthis title (relating to Extended Communications Confinement). (b) Criteria. (1) Placing m isolation. (.A) Decide if student needs to be placed in isolation and if so place him. (Person responsible: communications staff) (B) Obtain approval immediately from superintendent or acting superintendent for placement. Document approval on securitv/detention security report. Form CCS-022. (Person responsible: communications staff) (C) Contact student's caseworker or caseworker substituie immediately lo report placement. (Person responsible: communications staff) (D) Personally watch the student until caseworker or caseworker substitute arrives and assumes responsibility. (Person responsible; communications staff) (E) £>ecide no longer than 15 minutes after the student is placed if he needs to remain in isolation, (Person responsible: communications staff)

~~366 Ciipyri^ht C 1^85 .Sia/i- of Tcxa.t and Hart Infiinnaiion .Si •itein\. Ini. Ch. 91 CORSICANA RESIDENTIAL TREATMENT CENTER 37 § 91.635.~~

(¥) Decide no longer than 15 minutes after the student is placed if someone needs to be with the student at all limes during isolation. Document decision and justification on student's security report CCS-022. (Person responsible: caseworker, caseworker substituie) (G) Visually monitor every five minutes if the decision is to not have someone with the student at all limes. Record io communications daily log. (Person responsible: communications staff) (2) Holding in isolation. (A) Remain in caUing distance with key to locked room. (Person responsible: communications staff) (B) Release student immediately when he no longer is a serious danger to himself or others. (Person responsible: caseworker, caseworker substilute) (C) Get psychological and medical services when needed. (Person responsible: caseworker, caseworker substitute) (D) Document on CCS-022, security report, the date, time of isolation, and the date and time of release. (Person responsible: caseworker, caseworker substitute) (3) After three hours. (A) If the student must stay in isolation after three hours, slay in the room with the student until he is released. Documenl on security report. Form CCS-022. (Person responsible: caseworker, student's youlh activities supervisor III, or appropriate substitute) (B) If student remains in isolation past 24 hours, a hearing as outlined in 91.619 of this title (relating to Extended Communications Confinement) must be held. (Person responsible: superintendent's designee) (C) Repeal steps outlined in subparagraph (B) of this pargaraph every 24 hours. (Person responsible: superintendent's designee) (D) Visit with student at least once each day while he is in isolation. Give daily approval of stay in isolation and document approval on CCS-023 detentoin log. (Person responsible: superintendent or acting superintendent) (E) Visit with student at least once each day and document contact on CCS-023 detention log. (Person responsible: psychologist, caseworker, designated nurse) (F) Document name, date, and time any other person visits student in isolation on CCS-023 detention log. (Person responsible: communications staff) Source: The provisions of ihis §91.623 adopied to beerfeclive November 16, 1984, 9 TexReg 5482.

§91.627. Student Supervision. (a) Policy. Students are closely supervised during their stay in communications. (b) Procedure. (1) Visually check each studenl every 15 minutes. (Person responsible: communications stafl) (2) Document each check on the communications daily log. (Person responsible: communications staff) (3) If student is in isolation, visually check student every five minutes. (Person responsible: communications staff) Source: The provisions of this §91.627 adopted to be effective November 16. 1984, 9 TexReg 5482.

§91.631. Daily Schedule. (a) Policy. Communications unit will follow a written authorized hourly schedule of activities. (b) Procedure. (1) Go over schedule with all communications staff explaining each hour activity. (Person responsible: director of communications or youlh activities sujiervisor III) (2) Go over the schedule with each student affer he is admitted to communications and explain each hour's activity. (Person responsible: communications staff) (3) Post the schedule on the bulletin board in the communications day room. (Person responsible: communications staff) (4) Document justification for any deviation from the schedule in the.communications daily log. (Person responsible: communications staff) Source: The provisions of this §91.631 adopted to beeffective November 16, 1984. 9 TexReg 5482.

§91.635. Student Use of Restroom. (a) Policy. Students are allowed to use the restroom as needed while in communications. (b) Procedure. (1) Request. Respond verbally to student request to use restroom. (Person responsible: communications staff) (2) Use.

~~367 37 §91.635. TEXAS YOUTH COMMISSION Pt. Ill~~

(A) Limit use to one student al a time. (Person responsible: communications staff) (B) Check on studenl every five minutes. (Person responsible: communications stafl) (C) Ensure student returns to assigned area. (Person responsible: communications staff)

~~Source: The provisions ofthis §91.635 adopted to be effective November 16, 1984, 9 TexReg 5482.~~

§91.639. Locked Doors. (a) Policy. The Communications Center will be locked whenever it is occupied with students. Student's rooms in communications will be locked during sleeping hours of 9:30 p.m. to 6:30 a.m. only if deemed necessary. When a student's door is locked other than during sleeping hours, the procedures for isolation will be followed. (b) Procedure. (1) Document on security report CCS-022. comments section, if deemed necessary to lock student's door during sleeping hours. Otherwise, doors will remain unlocked. (Person responsible: communications staff) (2) Documenl in communications daily log if student is locked in his room and reason for decision, (Person responsible: communications staff) (3) Visually check each locked room occupied by a student each 13 minutes. (Person responsible: communications staff)

~~Source: The provisions ofthis §91.639 adopied to be efTeciive November 16. 1984, 9 TexReg 5482.~~

§91.643. Room Inspection and Search. (a) Policy. Staff may search a student or his communications room in compliance with agency policy 90.50.070 (§81.193 ofthis title (relating to Search)). (b) Procedure. (1) Search each student when referred to communications. Follow §81.193 ofthis title (relating to Siudeni Rights). (Person responsible: communications staff) (2) inspect and search each room once each shift and documenl each inspection and search in communications daily log. (Person responsible: communications staff) (3) Take away any contraband found. Follow TYC policy in §81.11 ofthis title (relating to Student Rights). (Person responsible: communications staff) (4) Give contraband to youlh activities supervisor III for proper disposal. Document information on what, how, and where it was found in the communications daily log and CCS-021 incident report. (Person responsible: communications stafl) (5) Inspect a student's room before he is released as described in §91.615 ofthis title (relating to Release From Communications). Document inspection in communications daily log. (Person responsible: communications staff) (6) Monitor searches by observing, reading daily log entries, and reviewing grievances written about searches. Ensure that inspection and search are done correctly. Record monitoring on the communications daily log. (Person responsible: communications youth activities supervisor III)

~~Source: The provisions ofthis §91.643 adopted lo be effective November 16, 1984, 9 TexReg 5482.~~

§91.651. Visitation. (a) Policy. Students confined in communications may receive visitors. Visiing hours are normally from 9 a.m. to 5 p.m. The superintendent or designee may permit additional hours of visitation. (b) Procedure. (1) Approve visits for students. (Person responsible: caseworker, director of treatment, family service worker) (2) Permit approved visits in the communications center by parents or legal guardians between 9 a.m. and 5 p.m., or as otherwise authorized. (Person responsible: communications staff) (3) Permit visits from other people or al other times if you think it is appropriate. Attorneys are permitted to visit their clients at any lime. (Person responsible: superintendent of designee) (4) Ensure visits are not disruptive to the communications routine. (Person responsible: communications staff) (5) If a visit is causing a disturbance, call the student's caseworker or caseworker substitute for permission to have the visitors leave. (Person responsible: communications staff) (6) Search the student after the visit to ensure no contraband enters the communications building. (Person responsible: communications staff) (7) Ensure that any money received by Ihe student during the visit is projieriy receipted. Provide a copy of receipt for the student. (Person responsible: communications staff)

~~368 Copvn^hi © 19H5 State 01 Texas and Hart Information Svstems. Inc. Ch. 91 CORSICANA RESIDENTIAL TREATMENT CENTER 37 § 91.665.~~

(8) Take money and receipts to business office for deposit to the student's trust fund. (Person responsible: communications youlh activities supervisor III) Source: The provisions of this §91.651 adopied lo beeffective November 16, 1984, 9 TexReg 5482.

§91.655. Education. (a) Policy. Students in communications receive four hours of academic instruction Monday ihrough Friday, excluding holidays. During school days, the one hour of large muscle exercises will be counted as one ofthe four hours. (b) Procedure. (1) Notify students to attend class. If at all possible, student should attend class in the educaiion building. If student's behavior does not permit, the principal should be notified so that instruction can be provided in communications. If a student does not attend all of parts ofthe school hours, documenl the hours missed and reason for missing hours on the student's behavior record. (Person responsible: communications staff, designated academic instructor) (2) Provide instruction according to student's educational level and, lo the extend possible, consistent with his individualized educational plan (lEP). (Person responsible:.designated academic instructor) (3) Document instruction offered in student's academic file. (Person responsible: designated academic instructor) (4) Documenl misbehavior leading to dismissal from class in the studenl behavior record. (Person responsible: designated academic instructor) Source: The provisionsof this §91.655 adopied to be effective November 16, 1984, 9 TexReg 5482.

§91.659. Physical Exercise. (a) Policy, Students in communications receivce one hour of large muscle exercise daily. (b) Procedure. (1) Write the daily schedule so that it includes one hour of large muscle exercise daily. During school days, the exercise period is in lieu of physical education class. (Person responsible: director of communications) (2) Conduct exercise class as scheduled. (Person responsible: communications staff) (3) Post any restriction notice received from the nurse and note in the CCS-022 report for any studenl who has a medical reason for not participating in exercise. (Person responsible: communications staff) Source: The provisions of this §91.659 adopted lo be effeciive November 16. 1984. 9 TexReg 5482.

§91.661. Counseling. (a) Policy. Students in communications receive appropriate counseling by professional staff. (b) Proc^ure. (1) Counsel students daily in communications and document each contact in detention log (CCS-023). (Person responsible: caseworker/caseworker substituie) (2) Counsel students daily whose placement exceeds 24 hours. Documenl each contact in detention log. (Person responsible: psychologist/psychiatrist/acting superintendent on weekends) Source: The provisions of ihis §91.661 adopted to beeffective November 16, 1984. 9 TexReg 5482.

§91.665. Medical Services. (a) Policy. Medical services for students in communications comply with the agency's child care standard in §81.44 ofthis title (relaling to Medical and Dental Services) and are similar to those provided in the regular program. (b) Procedure. (1) Call the infirmary to let them know the times of each student admission. Document your call in the communications daily'log. (Person responsible: communications staff) (2) Personally check each student daily as needed and document your visit in the CCS-P23 detention log. (Person responsible: nursing staff) (3) Administer any prescribed medication and document in the detention log and the student's drug administration log. (Person responsible: nurse staff) (4) Administer or approve communications staff administration of nonprescription drugs. Document in the detention log and the student's nurses record. (Person res[K>nsible: nursing staff/communications staff) Sourer: The provisions of ihis §91.665 adopied to be effeaive November 16, 1984. 9 TexReg 5482.

~~369 37 §91.669. TEXAS YOUTH COMMISSION Pt. HI~~

§91.669. Clothing. (a) Policy. Students wear their regular clothers (except for shoes) in communications during waking hours. Students wear pajamas duuring steeping hours. (b) Procedure. (1) Issue scuffs to students admitted to communications. (Person responsible: communications staff) (2) Issue pajamas and robes upon admission if clothes are being washed, and at shower time in the evening. (Person responsible: communications staff) (3) Take up pajamas and wash them each morning. (Person responsible: communications staff) (4) Take up scuffs and wash them when student is released. (Person responsible: communications staff) (5) Provide students clean clothes when requested by the communications dormitory staff. (Person responsible: caseworker, cottage YAS III) Source: The provisions ofthis §91.669 adopted to be effective November 16, 1984. 9 TexReg 5482.

§91.673. Food Service. (a) Policy. Sludenis in communications receive the same food, prepared in the same manner, as other students, except a special diets may be prescribed on an individual basis by medial personnel. They must comply with the agency's child care standard in §81.41 of ihis title (relating to Nutrition). (b) Procedure. (1) Deliver meals in required hot and cold containers at regular meal times. (Person responsible: food services staff and youth activities supervisors (Y.AS)) (2) Deliver snacks when you bring the evening meal. (Person responsible: food service staff and youth activities supervisors (Y.AS)) (3) Heat meals in microwave if needed. (Person responsible: communications staff) (4) Serve meals al tables if student behavior permits. If there are too many students to do this all al once, interval serving will be necessary. (Person responsible: communications staff) (5) Provide appropriate eating utensils within safety limits for staff and students. (Person responsible: communications staff) (6) Record on the student behavior record if student refused the meal. (Person responsible: communications staff) Source: The provisions of Ihis §91.673 adopied to be effective November 16, 1984, 9 TexReg 5482.

§91.681. Daily Visits. Policy. Students placed in isolation or communication are visited at least once each day by the superintendent and/or acting superintendent, psychologist and/or psychiatrist, caseworker and/or caseworker substitute, and nurse. Source: The provisions of this §91.681 adopted to be effective November 16, 1984, 9 TexReg 5482.

§91.685. Inspections. (a) Policy. An ongoing series of inspections shall be carried on in communications. Inspections are directed toward areas of safety and physical planl, staff adequacy, and treatment needs. (b) Procedure. (1) Ensure annual inspections by the state fire marshall and Attorney General's Office of Accident Prevention. (Person responsible: superintendent) (2) Inspect communications daily. (Person responsible: superintendent or acting superintendent or director of treatment or director of communications) (3) Observe students daily. (Person responsible: nurse) (4) Visit communications weekly and monitor the program, (Person responsible: principal) (5) Inspect communications monthly. (Person responsible: maintenance departmeni head) (6) Inspect communications quarterly. (Person responsible: director of community/special services) Source: The provisions of this §91.685 adopted to be effeciive November 16, 1984. 9 TexReg 5482.

§91.689. Monitoring. (a) Policy. Reports on the use of isolation and communications will be monitored on a weekly basis by the superiniendent and on a monthly basis by the director of community/special services. (b) Procedure.

~~370 Copyright C 1985 Stale t^Te.xas and Han Information Systems. Inc. Ch. 91 CORSICANA RESIDENTIAL TREATMENT CENTER 37 § 91.821.~~

(1) Prepare a repwrt on a monthly basis for submission to superintendent containing the following information (Person responsible: director of communications): (A) numberof Sludenis admitted to communications; (B) admission reasons; (C) average length of stay in communications; (D) area studenl was referred from; (E) name of students placed in isolation; (F) amount of time each student was placed in isolation; and (G) if in isolation longer than three hours, name of staff member that joined student. (2) Review monthly reports and take any necessary steps to correct overuse or abuse of communications and isolation. (Person responsible: superintendent/director of treatment)' (3) Review central office data processing reports monthly. (Person responsible: director of community/special services) (4) Review reports periodically to determine if deficiencies in the communications unit exist and direct action if necessary. (Person responsible: director of community/special services) (5) Maintain in the communications log the following information (Person responsible: communications staff): (A) name of person who authorized comunications/isolation; (B) date and time in and out of communications/isolation; (C). name and times of person visiting student; (D) name of acting superintendent who approved placement exceeding 24 hours. Source: The provisions of Ihis §91.689 adopted to be efTeciive November 16, 1984. 9 TexReg 5482.

§91.693. Communications Files. (a) Policy. Communications unit will maintain files on each student admitted lo communications. These files will be located in a locked cabinet marked confidential and each file will be marked confidential. (b) Procedure. (1) Create a file for each studeni admitted to communications. (Person responsible: communications staff) (2) Place all information regarding communications placements and stays including 02rs, 022's, 023's, extended stay approvals, due process hearings, isolation approval, special incident reports, etc., in student's communications file each lime student is admiited to communications. (Person responsible: communications staff) (3) Keep file in communications until studenl is released from CRTC. (Person responsible: communications staff) (4) Forward file lo data coordinator lo be put wiih student's casework file, medical file, and educational file when student is released from your facility. (Person responsible: communications staff) (5) When.student is discharged, forward communications files along with the other subfiles to central office for microfilming. (Person responsible: data coordinator) Source: The provisions of this §91.693 adopted lo beeffective November 16. 1984. 9 TcxRcg 5482.

~~FAMILY SERVICES PROGRAM~~

§91.821. Overview of Standards. (a) Policv. The Familv Services Program (FSP) requires its service agents to comply with the parts of the Parole/ Residential Contract Program Manual, 45.60.200-281 (§§95.201, 95.211, 95.221, 95.231. 95.241, 95.251, 95,261, 95.270. 95.271. and 95.281 ofthis liile (relating lo the Residential Contract Program's Agency Home Standards)) appended to their contracts. (b) Definitions. For purposes of ihe Family Services Program, the following words and terms used in the agency home standards will have the following meanings, unless the context cleariy indicates otherwise: (1) Residential Contract Program (RCP)—Family Services Program (FSP). (2) Community resource specialist (CRS)—F^xnWy scr\\ce.s'MOTVje:T (?S^). (3) Contract parole officer (CPO)—Family services worker (FSW). (4) .•\rea supervisor—Director of family services. (5) Service agents—Foster parents. Source: The provisions of ihis §91.82! adopied to be effeciive Januaiy 26. 1984. 9 TexReg 3.^2; amended to be effective November 14. 1984. 9 TcxRcg 5584.

~~371 37 §91.823. TEXAS YOUTH COMMISSION Pt. Ill~~

§91.823. Training Foster Parents. (a) Policy. The Family Services Program requires foster parents to complete 16 hours of training yearly and report their attendance to the caseworker unless the caseworker delivered the training. (b) Minimum training requirements. (1) Contract administration. (Hours: one) (2) Manual, particulariy CRTC Operational Manual. (Hours: one) (3) On-the-job-training. (Hours; eight) (A) Orientation to CRTC daily living program, learning center, and infirmary. (B) Orientation to public school. (C) Networking with community resources, such as churches, neighbors, counseling centers, job banks. (4) Physical restraint and security basics. (Hours: two) (5) Reinforcement of interpersonal skills. (Hours: two) (6) Reinforcement of effective discipline. (Hours: two) (c) Procedure. (1) Send foster parent staff schedules for training. (Person responsible: family service caseworker) (2) Attend training sessions within allotted time frame. (Person responsible: foster parent staff) (3) Give proof of attendance for training delivered by others lo family services caseworkers. (Person responsible: foster parent staff) (A) Topic. (B) Trainer. (C) Date. (D) Hours. (4) Write down training received by foster parents in training log. (Person responsible: clerk-typist) Source: The provisions ofthis §91.823 adopted to be effective November 14, 1984. 9 TexReg 5585.

§91.825. Student Money Management. (a) Standard, The Family Services Program requires the involvement of foster parents and the family service workers as students'receive money from trust funds. (b) Program requirements. (1) Allowances (.A) Tell the family ser\'ices worker (FSW) if both you and the student want him lo have an allowance from his trust fund. (Person responsible: foster parents.) (B) Agree on an amount for the allowance with the student and the FSW. (Person responsible: foster parents.) (C) Help the student learn to manage his money appropriately. (Person responsible: foster parents.) (D) Report to the FSW any problems with or changes in the allowance. (Person responsible: foster parents.) (E) Do not spend the student's money for yourself, your family, or your staff. (Person responsible: foster parents.) (F) Do not require the student to pay you for his care. (Person responsible: foster praents.) (2) Special purchases. (.A) Discuss special requests for trust fund money with the student. (Person responsible: foster parents.) Appropriate requests include: (i) transportation fare for home visiis; (ii) clolhing in addition to that provided by TYC; (iii) elective health costs such as coniaci lenses, orthodontic care, or dermaiological care; (iv) gifts for family members; and (v) special cultural, educational, or recreational activities. (B) Send a trust fund withdrawal request to the FSW. (Person responsible: foster parents.) (C) Ensure the siudeni spends the money for the intended purpose. (Person responsible: foster parents.) The provisions of ihis §91.825 adopted to be effective Januarv 26. 1984. 9 TexReg 332: amended to be effeciive November 14. 1984. 9 TcxRcg 5584.

§91.827. Student Grievance Procedure. (a) Policy. The Texas Youth Commission (TYC) student grievance and appeals system provides students with a procedure to correct problems they have. The TYC ensures the quality ofthe system ihrough an on-going monitoring program.

~~372 Copvrighi P I9.V Siaie lit Texas and Han Infuritialioii S\St(iiis. Ini Ch. 91 CORSICANA RESIDENTIAL TREATMENT CENTER 37 § 91.827.~~

(b) Cross-references. (1) For general information about the student grievance and appeals system, see General Operating Policies and Procedures Manual (GOPP) 90.45.010. (2) For information about reporting and investigating suspected mistreatment, see GOPP 90.45.020. (3) For information about appeals lo the executive director, see GOPP 90.45.030 (§§83.1-83.101 ofthis title (relating to Appeals to the Executive Director)). (c) Grievance structure. The family services caseworker is the grievance coordinator for students in foster care. (d) Procedure. (1) Filing the grievance. (A) Tell your foster parents or any TYC staff member if you want to file a grievance. (Person responsible: student grievanl) (B) Call the student's caseworker and report the request. (Person responsible: foster parents oi* other staff) (C) Attempt to resolve the problem informally by meeting with the student, the foster parents, and others requested by you or the student. (Person responsible: caseworker) (D) If this docs not resolve the problem, give the student a numbered grievance form, L/S-001. Help him fill it out if he requests assistance. (Person responsible: caseworker) (E) Fill out the form, telling what the problem is and what would correct it. (Person responsible: student grievant) (F) Give the completed form to your caseworker. Keep the yellow copy as a record until the grievance is resolved. (Person responsible: studenl grievanl) (2) Sorting the grievances. (A) Write the grievant's name, the form number, and the date in the family services grievance log. (Person responsible: caseworker) (B) If the grievance is about a placement decision or suspected mistreatment, send the form (L/S-001) to the director of family services. See paragraphs (3) and (4) ofthis subsection. (Person responsible: caseworker) (C) If the grievance is about staff, other students, or rules, policies, programs or procedures, follow paragraph (5) ofthis subsection. (Person responsible: caseworker) (3) Resolving the placement grievance. (A) Complete CCS-038, statement of grievance and resolution. In the seciion marked proposed resolution, write. "Grievance sent to the director of family services on (date) for appeal to the executive director." (Person responsible: caseworker) (B) Meet with the student wiihin 24 hours after you receive the L/S-OOI to discuss and write the appeal. (Person responsible: director of family services) (C) Complete Form CCS-040, appeal to the executive director Send it to the appeals coordinator in central office wiihin 48 hours ofthe date on the L/S-OOl. See CCIS Manual 20.27.040 for instructions. (Person responsible: director of family services) (4) Resolving the suspected mistreatment grievance. (.A) Tell the grievant that the director, of family services will resolve the complaint. (Person responsible: caseworker) (B) Complete CCS-038, statement of grievance and resolution. In the section marked proposed resolution, write, "Grievance sent to director of family services on (dale) for compliance with suspected mistreatment procedures." (Person responsible: caseworker) (C) Resolve the complaint following GOPP 90.45.020, suspected mislrealment. You are responsible for the steps marked "superintendent, parole supervisor," (Person responsible: director of family services) (5) Resolving other grievances. (A) Meet with the grievant and foster parents wiihin five working days ofthe dale on the L/S-OOl to resolve the grievance. (Person responsible: caseworker) (B) Meet with other foster children, other foster home staff, or the director of family services as needed for information. (Person responsible: caseworker.) (C) Complete CCS-038. statement of grievance and resolution. See CCIS Manual 20.27.038 for inslruclions. (Person responsible: caseworker) (D) Inform the grievant of the resolution and of the right to appeal to the executive director. (Person responsible: caseworker) (E) If the grievant appeals, send the CCS-038 and the L/S-OOl to the director of family services and make appropriate log entries. (Person responsible: caseworker) (F) If the grievant does not appeal, send a copy of CCS-038 to the superiniendent of CRTC. keep one in the student grievance file, and make appropriate log entries. (Person responsible: caseworker) (6) Appeal to the executive director.

~~•373 37 §91.827. TEXAS YOUTH COMMISSION Pt. Ill~~

(A) Assist the student in completing CCS-040. See CCIS Manual 20.27.040 for instructions. (Person responsible: director of family services) (B) Notify the superintendent of CRTC ofthe appeal. Documenl this on the CCS-040. (Person responsible: director of family services) (C) Follow the procedures in GOPP 90.45.050, appeal to the executive director. (Person responsible: director of family services) (D) Send a copy of CCS-040 to the data coordinator at CRTC and place one in the studenl grievance file. (Person responsible: clerk-typist) Source: The provisions of this §91.827 adopted to beeffective November 14, 1984. 9 TexReg 5585.

§91.830. Purchase Voucher System. (a) Policy. The Texas Youth Commission (TYC) pays for daily care of students and for those medical and dental expenses described in a program's contract when the foster parents submit a Slate of Texas purchase voucher. Except in emergencies, medical and dental services must be purchased from vendors who have agreed to accept State ofTexas purchase vouchers. (b) Definitions. (1) Vendor—Person, place of business, or institution through which ser\'ices are purchased, for example, doctor, dentist, or foster parents for monthly care ofthe studeni. (2) Reimbursement—Foster parents are paid for the daily care of students according to compensation section of contract. (c) Procedure. (1) Purchase of medical and dental senices for students in foster care. (.A) Notify family services caseworkers if TYC is responsible for payment for medical and dental service a student needs, and give the following informaiion. (Person resp>onsible: foster parent staff) (i) name and address of vendor; (ii) description of services lo be purchased; (iii) name of student for whom purchase is to be made; (iv) date of purchase: and (v) estimate of cost. (B) Documenl information given by foster parents, in the encumbrance log and give the foster parents an encumbrance number to record on voucher. (Person responsible: clerk-typist) (C) Complete the following tasks when making a purchase (Person responsible: foster parent staff): (i) tell the vendor you are a TYC foster parent, and have the vendor sign the voucher at lime of purchase; (ii) record student's name on the bill and voucher; (iii) promptly return bill and voucher to family services, (2) Reimbursements for daily care of student. (A) Type voucher and mail it lo the foster parent for signature around the 20th of each month. (Person responsible: clerk-typist) (B) Sign and return voucher. (Person responsible: foster parent) (C) Place returned, signed voucher in folder with copies of pasi reimbursements. (Person responsible: clerk- typist) (D) Type any changes which occurred from the lime the voucher was mailed for signature to the last day of the month. Record the amount of money and the date the voucher was sent to the central office on the encumbrance log. (Person responsible: clerk-typist) (E) Forward to the caseworker and director of family services for appropriate signatures. (Person responsible: clerk-typist) (F) Mail lo central office, fiscal. (Person responsible: clerk-typist) Source: The pro\ isions otihis §91.830 adopted lo be effective Novcmtxr 14, 1984. 9 Te;(Rcg 5585.

§91.833. Student Record at Facilit>. (a) Standard. The Texas Youth Commission requires service agents to maintain and secure records and make them available for TYC monitoring visits. (b) Program requirements. (1) Keep your certificate or license on file. (Person responsible: service agents.) (2) Use Form CCS-035 as a chronological log to document ihe following events in each student's file as they occur: (Person responsible: service agents.)

(A) Orientation. See 45.95.211 (§95.211 of this title (relating to Orientation)). (B) Studenl rights. See 45.95.231 (§95.231 ofthis title (relaling to Incident Reporting)). (D) Grievances. See 45.91.241 (§91.827 ofthis title (relating to Student Grievance Procedure)). (E) Studenl money management. See 49.95.825 (§91.825 of this title (relating to Student Money Management)). (F) Temporary absences from the program. See 45.91.835 (§91.835 of this title (relating to Temporary Absences from the Program)). (G) Contacts with student's school or job. (3) Keep the following educational records: (Person responsible: service agents.) (.A) Report cards. (B) Educational testing or assessments. (C) Any special education correspondence and reports. (4) Keep the following records of professional services: (Person responsible: service agents.) (,A) Drug administration log. Form CCS-033. (B) Medical consent. Form CCS-050. (C) Medical care. Form CCS-008. CCS-026A&B, CCS-032. (D) Dental care. Form CCS-009, (E) Summar>' of medical/dental. Form CCS-008-B. (F) Psychological assessment. Form CCS-010. (G) Psychiatric assessment, FormCCS-013. (5) Keep financial records such as: (Person responsible: service agents.) (.A) clothing purchases and inventor>'. (B) school supplies. (C) school activity and transportation fees. (D) student's use of trust fund money; and (E) medical purchases. (6) Keep the student's file in a locked place. (Person responsible: service agents.) (7) Send or give the siudent's files to the FSW when the student is released from your program. (Person responsible: service agents.) Source: The provisions of this §91.833 adopted to be effeciive Januar>' 26, 1984. 9 TexReg 332; amended to be effective November 14. 1984. TexReg 5584.

§91.835. Temporary Absences from the Program. (a) Standard. The Family Ser\'ices Program (FSP) requires its service agents to cooperate in student placements, visits, and trips. (b) Program requirements. (1) Placement visits. (.A) .Assist TYC staff in arranging a placement visit for each eligible student. In addition to the criteria listed in the TYC Case Management System for Furioughs, 90,43.070 (§81.118 of this title (relating lo Furioughs)), a student must have been in foster care at least 30 days. (Person responsible: service agents.) (B) .Assist the family services worker (FSW), if asked, to contact the placement site to set the dates and transportation arrangements. (Person responsible: service agents.) (C) Send ihe studenl lo visit with the approved transportation and call the FSW to confirm he left. (Person responsible: service agents.) (D) Notify the FSW during working hours on the day the student returns or by 9 a.m. the next working day. (Person responsible: service agents.) (E) If the placement visit was unsuccesssful, accept the student back in placement. Repeat placement visits until the student has a successful one. (Person responsible: service agents.) (F) If the siudeni does not return from the visit as scheduled, notify ihe FSW immediately. (Person responsible: service agents.) (2) Adminisirative and emergency furlough. See 45.60.271(b)(2) (§95.27l(b)(2) ofthis title (relaling to Temporary Absences from the Program)). (3) Homevisits. See 45.60.271(b)(3) (§95.271 (b)(3)ofthisiitle(relanng to Temporary Absences from the Program).

~~.175 37 §91.835. TEXAS YOUTH COMMISSION R. Ill~~

(4) Trips. See 45.60.271(b)(4)(§95.27l(b)(4) ofthis title (relating to Temporary Absences from the Program)). In addition, the family services program requires the service agents to give the family service worker seven days advance notice of trips. Source: The provisions ofthis §91.835 adopied to \x cfrcciivc Januar>' 26. 1984. 9 TexReg 332; amended to be effective November 14. 1984. 9 TexReg 5584.

~~376 Copyright & l9Sf State of Tevas and Han Infoniialton Svslems. Inc. CHAPTER 93. VOLUNTEER SERVICES~~

~~Section No. Section Name~~

ADMINISTRATION 93.1. Purpose. 93.2. Applicability. 93.3. Statement of Philosophy. 93.4. Definitions. 93.5. Ihrough 93.9. [RESERVED] 93.10. Chief of Volunteer Services. 93.11. Assistant Chief of Volunteer Services. 93.12. Coordinator of Volunteer Services. VOLUNTEER MANAGEMENT 93.21. Recruiting and Selecting. 93.22. through 93.24. [RESERVED] 93.25. Empiovee Volunteers. 93.26. [RESERVED] 93.29. Former Employees as Volunteers. 93.33. Students' Relatives as Volunteers. 93.34. lhr>3ugh 93.36. [RESERVED] 93.37. Training. 93.41. Assigning Volunteers. 93.43. Volunteer Time Sheet. 93.44. [RESERVED] 93.45. Evaluating Volunteers. 93.46. through 93.48. [RESERVED] 93.49. Volunteer Benefits. 93.53. Separation. CONSTRAINTS 93.61. Agency Rules. 93.62. [RESERVED] 93.63. Insurance and Vehicles. 93.64. [RESERVED] 93.65. . Confidentialitv. 93.66. through 93.68. [RESERVED]' 93.69. Employee Participation in Councils. COMMUNITY ADVISORY COUNCILS 93.79. Fiscal Responsibilities. 93.83. Donations. 93.87. Soliciting Donations. 93.91. Staff Requests for Donations. 93.95. Value of Donations.

~~VOLUNTEER REPORTS 93.101. Monthly Reports. 93.102. through 93.109. [RESERVED] 93.110. Correspondence.~~

~~377 TEXAS YOUTH COMMISSION Pt. Ill~~

~~378 CiipiTigln C 19X5 State of rv.\a.\ and Han intnrmaiian Syneim. Inc Ch. 93 VOLUNTEER SERVICES 37 § 93.10.~~

~~ADMINISTRATION~~

§93.1. Purpose. The Volunteer Services Manual provides information and standardized policies and procedures for volunteer services activities ofthe Texas Youlh Commission. Source; The provisionsof this §93. i adopted lobe effective Februarv' 15. 1985. lO Te.xReg403.

~~§93.2. Applicabilit>'. These rules apply to all facilities and programs ofthe Texas Youth Commission. The provisions ofthis §93.2 adopted lo be effeciive May 23. 1984. 9 TexReg 2563.~~

§93.3. Statement of Philosophy. The Texas Youth Commission believes that the communily has the ability to enhance the life ofthe students by increasing the quality and quantity of experiences available to them and expanding the services provided by staff. Source: The provisions ofthis §93.3 adopted to be effective February 15. 1985. 10 TexReg 403.

§93.4. Definitions. The following words or terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Cash—Currency, checks, drafts, money orders, and other forms of legal tender. Chief of volunteer sen-ices or chief—The central office administrator responsible for setting policy and directing the statewide program of volunteer services under the direct supervision ofthe execuiive director. Community advisory council or council—A chartered, nonprofit organization which works for the betterment of students of the program wiih which it is associated. Coordinator—The coordinator of volunteer services at a program/facility. Donation^-A contribution of anything of value freely given to benefit students served by the commission. Employee—A person who is legally employed lo perform work and who is paid a salary or wage by the commission. Employee volunteer—Any employee ofthe commission who serves in a volunteer capacity. Executive director—The execuiive director ofthe Texas Youth Commission. Program—Any training school, parole office, halfway house, group home, or any other program which serves delinquent students who have been committed to the commission, or which serve dependent and neglected children who have been in the conservatorship ofthe commission, Studenl—Any person who has been commitied to the Texas Youth Commission andany child who has been placed in the conservatorship of TYC. Student volunteer—A person serving in a volunteer capacity who is commitied to the commission, or in the conservatorship of the commission. Superintendent/program administrator—The chief adminstralive officer of any commission program (institutions, parole, halfway houses, group homes). Volunteer—.A person who provides needed services lo benefit students, freeely and by personal choice, without financial gain, as authorized and approved by Volunteer Services. Volunteer Senices office—The office which coordinates and oversees volunteer activities at the program. ryC—The Texas Youth Commission. Source: The provisions ofthis §93.4 adopied to IK effeaive May 23, 1984, 9 TexReg 2563.

~~§93.5. through 93.9. [RESERVED]~~

§93.10. Chief of Volunteer Services. (a) The chief of volunteer services functions under the direct supervision ofthe executive director in administering the commission's total volunteer component. Daily reporting and supervisory relationships shall be directly and the chief. (b) The chief: (1) is appointed by the executive director; (2) approves policy set for the cohesive systemwide network of volunteer services; (3) approves the evaluation of specific programs and staff functions as requested by the executive director or superintendents/program administrators;

~~379 37 §93.10. TEXAS YOUTH COMMISSION Ft. Ill~~

(4) consults with facility/program administrators regarding methods of improving, modifying, or expanding volunteer services; (5) serves as liaison between commission administrators and officers ofthe community advisory councils; (6) approves all arrangements for state meetings ofthe community advisory councils; (7) interprets policy of the commission's volunteer services component to inierested local, slate, and national groups and organizations; (8) reviews proposed volunteer projects to insure conformity with commission policies and procedures and advises coordinators when changes are necessarv; (9) approves plans for annual continuing education and in-ser\'ice programs for volunteer services staff" from all programs; (10) sees that a comprehensive orientation and training for new coordinators of volunteer services is provided; (11) keeps coordinators informed of stale and national trendsin volunteerism; (12) serves as a source of reference materials, statistics, and information about volunteer administration and continuing educaiion opportunities for volunteer services personnel; (13) responds to specific requests for consultant services from TYC programs; (14) performs other duties as assigned by the executive director. Source: The provisions of this §93.10 adopted to be effective May 23, 1984. 9 TexReg 2563.

§93.11. Assistant Chief of Volunteer Services. (a) The assistant chief performs responsible administrative and supervisory tasks essential lo the administration of a statewide program of volunteer services. Work involves contact with statewide organizations and other groups interested in the volunteer program; interpreting policies ofthe commission and the Volunteer Services Program to interested groups and organizations affiliated with TYC programs; and providing guidance, direction, and cosullative ser\'ices to the coordinators of volunteer services at TYC programs. Work is performed under the general direction of the chief of volunteer services. Assistant chief frequently exercises initiative, creativity, and independent judgment. (b) Responsibilities: (1) assist in planning, organizing, developing, and publicizing effective programs of volunteer services for TYC programs in conjuction with slate and local volunteer services councils, program administrators, and program coordinators for volunteer services; (2) respond to coordinators' inquiries and work problems, and keep them informed of current commission policies and procedures; (3) assist in planning and conducting orientation and training programs for coordinators and volunteer workers; (4) review proposed volunteer projects to insure conformity with policies and procedures, and advise coordinators when changes are necessary; (5) assist in making necessar>' arrangements for the semiannual stale meelings ofthe community advisory councils; (6) prepare and distribute information concerning statewide volunteer ser\ices to organizations, individuals, and news media. Source: The provisions of this §93.11 adopied to be effective Ma> 23. 1984. 9 Te.xRcg 2563.

§93.12. Coordinator of Volunteer Services. (a) .Administrative status (1) Each TYC program has a Volunteer Services Program adminislered by a qualified coordinator of volunteer services. (2) The coordinator functions under the direct supervision ofthe superintendent/program administrator. (3) The coordinator, a paid staff member, has an individual job description. (b) Responsibilities. The coordinator of volunteer services: (1) plans, organizes, supervises, directs and publicizes the program's volunteer services; (2) disseminates informaiion to program staff on effective use of volunteers, procedures for recordkeeping, and policies and practices of volunteer services; (3) organizes and maintains specific programs of recruitment, selection, orientation, assignment, evaluation, enrichment training, and recognition for volunteers; (4) reviews and revises existing volunteer programs to correspond to current siudeni needs and the program's objectives; (5) receives, records, acknowledges, and processes donated money, goods, and services. (c) Selection process. (I) Applicants for ihe posiiion of coordinator are screened and selected with input from volunteer services, central office, and the program superintendent/administrator.

~~380 Ciipirivlii €• IVi-if .Stale Ot'Te.xas ttnd Itari Infurmasion .Sulrins Inc Ch. 93 VOLUNTEER SERVICES 37 § 93.21.~~

(2) Each applicant for the position of coordinator must hold a baccalaureate degree in a behavioral science, business, or related subject from a nationally accredited four year college or university. Each applicant must also have a minimum of three years' experience in volunteer services or related area such as communily organization, community relafions, health services, journalism, media relations, or child care. (d) Orientation and continuing education. (1) Central Office Volunteer Services conducts intensive orientation and training for all new coordinators at the program site and at the central office. (2) Coordinators from all programs altend semiannual continuing education and in-service training programs developed and presented by Central Office Volunteer Services. Other volunteer services staff may atlend in- service training programs. Source: The provisionsof this §93.12 adopted to beeffective May 23, 1984, 9 TexReg 2563.

~~VOLUNTEER MANAGEMENT~~

§93.21. Recruiting and Selecting. (a) Policy. Volunteer services recruits potential volunlecrs from diverse cultural, socio-economic, and age groups ofthe communily. (b) Procedure. (1) Recruiting. (A) Survey staff to determine individual needs for volunlecrs. (Person responsible: volunteer coordinator) (B) Survey students periodically to determine their interests and needs for volunteers. (Person responsible: volunteer coordinator) (C) Survey the commmunity to determine volunteer interests and resources. (Person responsible: volunteer coordinator) (D) Provide volunteer applications. Form 74.93.021a, to potential volunteers. (Person responsible: volunteer coordinator) (2) Selecting. (A) Qualify for interviewing those applicants who meet the minimum requirements: (Person responsible: volunteer coordinator) (i) are at least 16 years old (may be waived by volunteer coordinator if the applicant would be a member of a volunteer group which is supervised by an adult); (ii) have a signed parental permission, Form 71.93.021b, if age 17 or younger. (B) Interview applicants using the last page ofthe application Form 71.93.021a. (Person responsible: volunteer coordinator) (i) assess the applicant's abilities, interests and motivations to be a volunteer, (ii) . inform the applicant that criminal record and personal references will be checked; (iii) explain the training requirements and the kinds of assignments which might be made for a volunteer. (C) Check applicant's records and references. (Person responsible: volunteer coordinator) (i) Complete volunteer criminal record check. Form 71.93.021c. Send form to central office personnel office for processing, if the volunteer program is one for halfway houses, parole, or group homes. If a volunteer program of an institution, send form to the personnel office of that institution. (ii) Mail the volunteer personal reference. Form 71.93.02ld, to the applicant's listed references. (D) Evaluate the apphcant. (Person responsible; volunteer coordinator) (i) Examine the criminal record report. If the person has a record of conviction wiihin the last 10 years for one ofthe prohibited offenses listed in the Personnel Manual 91.02.030. For offenses requiring investigation, report the fads to the director of institutions or the director of community/special services and ask the director to determine whether the person has been rehabilitated. If the director says yes, proceed; if not, notify the applicant in writing that a volunteer position will not be offered at this time (ii) Evaluate character references. If the total score in Item 3 is less than 32 or the score in any part of Item 3 is less than 32 or the score in any part of Item 3 is a 1 or a 2 or the answer to any other item seems alarming, contact the reference and inquire further. After receiving further information, assess whether the applicant seems to be trustworthy and able lo make a contribution to the volunteer program. If yes, proceed; if not, notify the applicant in writing that volunteer position will not be offered at ihis time.

~~381 37 §93.21. TEXAS YOUTH COMMISSION R. Ill~~

(E) Select those applicants who seem best suited to work with the TYC students and the program. (Person responsible: volunteer coordinator) (F) Notify each applicant in writing of the decision. (Person responsible: volunteer coordinator) (G) Start a file on each selected volunteer. Include: (Person responsible: volunteer coordinator) (i) Form 93.021a, volunteer application; (ii) Form 93.021b, parental permission; (iii) Form 93.021c, volunteer criminal records check; (iv) Form 93.021d, volunteer personal reference; (v) Form 93.02 le, volunteer record. (H) Make a volunteer identification card and give it to the volunteer when he/she accepts the first assignment. (Person resFwnsible: volunteer coordinator) Source: The provisions of this §93.21 adopted to beeffective Februar)' 15, 1985. 10 TexReg 404.

~~§93.22. through 93.24. [RESERVED]~~

§93.25. Employee Volunteers. (a) Policy. Texas Youth Commission employees may volunteer their services without compensation if their time is donated willingly. (b) Procedure. (1) Have employees fill out the employee volunteer application. Form 71.93.025a (Person responsible: volunteer coordinator) (2) Select employee volunteers the same way you select other volunteers. See §93.21 of this title (relating to Recruiting and Selecting) for procedures. (Person responsible: volunteer coordinator) (3) Provide new employee volunteers with the same training you provide new volunteers. See §93.37 ofthis title (relating to Training). (Person responsible: volunteer coordinator) (4) Assign employee volunteers following §93.41 ofthis title (relaling to Assigning Volunteers). In addition, make sure the assignment does not conflict with regular work duties. (Person responsible: volunteer coordinator) (5) File the application in your file on the volunteer. Send a copy to the employee's personnel file. (Person responsible: volunteer coordinator) Souree: The provisions ofthis §93.25 adopied to be effective Febnjar>' 15, 1985. 10 TexReg 404.

~~§93.26. [RESERVED]~~

§93.29. Former Employees as Volunteers. (a) Policy. Texas Youth Commission employees may volunteer their services without compensation if their time is donated willingly. (b) Procedure. Follow procedure in §93.21 of this title (relaling lo Recruiting and Selecting). (Person responsible: volunteer coordinator) Sonrct: The provisions of this §93.29 adopied to be effeciive Februaiy 15. 1985. 10 TexReg 404.

§93.33. Students' Relatives as Volunteers. (a) Policy. Students' relatives may serve as volunteers. (b) Procedure. (1) Follow procedure in §93.21 ofthis title (relaling lo Recruiting and Selecting). (Person responsible: volunteer coordinator) (2) Assign in an area not closely related to the student. (Person responsible: volunteer coordinator) Source: The provisions ofthis §93.33 adopied to be effective Februan.' 15, 1985. lOTexReg404.

~~§93.34. through 93.36. [RESERVED]~~

~~§93.37. Training. (a) Policy. Volunteer services provides new volunteers with training before assigning volunteers to work with staff or students. Training is also provided for TYC staff members.~~

~~382 Copyright O l9ftS .State ofTexas and Han Information .Systems. Inc. Ch. 93 VOLUNTEER SERVICES 37 § 93.41.~~

(b) Procedure. (1) Staff training. (A) Provide an overview of volunteer services as a part of new employee orientation. (Person responsible: volunteer coordinator) (B) Conduct additional training for your facility quarterly. (Person responsible: volunteer coordinator) (C) Conduct training for volunteer coordinator annually. (Person responsible: chief of volunteer ser\'ices, assistant chief of volunteer services) (D) Ensure training is documented on the staffs individual training record. (Person responsible: volunteer coordinator, assistant chief) (2) Volunteer training. (A) Train new volunteers in the following: (Person responsible: volunteer coordinator) (i) Texas Youth Commission history; (ii) histor>' of your facility or program; (iii) community advisory council; (iv) interpersonal skills; (v) roles and responsibilities of volunteers; (vi) Texas Youth Commission child care policies, including §81,11 ofthis title (relaling to Student Rights); §§81.111-81.121 ofthis title (relating to Case Management System for Delinquent Youlh); and §§81.121-81.43 ofthis title (relating to Child Care Standards), (vii) use of timesheets. sign in logs, and.olher documentation; (viii) confidentiality; (ix) volunteer liabiliiy: (x) goals, expectations, or apprehensions ofthe volunteer; and (xi) specific job assignment. (B) Offer volunteers the opportunity to attend training offered to TYC employees. (Person responsible: volunteer coordinator) (C) Record training lime on volunteer limesheei and place in the volunteer's file. (Person responsible: volunteer coordinator) (D)' Obtain signed volunteer agreement. Form 71.93.037a, from each volunteer and place in volunteer's file. (Person responsible: volunteer coordinator) Source: The provisions of this §93.37 adopted lo be effeciive Fcbmarv- 15, 1985, IOTexReg404.

§93.41. Assigning Volunteers. (a) Policy. Volunteer coordinators assign volunteers to work with individual students, with groups of students, or with TYC staff members. Volunteers perform professional ser\ices only when certified or licensed to do so. (b) Procedure. (1) Individual assignments. (.A) Obtain volunteer services referrals. Form 7193.041a, from TYC staff members. (Person responsible: volunteer coordinator) (B) Write a volunteer job description (Form 7193.041b) based on the referral form. (Person responsible: volunteer coordinator) (C) Match a volunteer to the job description. Obtain a copy of the volunteer's professional license or certificate if needed. (Person responsible: volunteer coordinator) (D) Discuss the job assignment with the volunteer and sign the job description if the volunteer agrees to the assignment. (Person responsible: volunteer coordinator) (E) Share as much information from the siudent's file as the volunteer needs lo know. See §81.223 ofthis title (relating to Access to Student Records). (Person responsible: volunteer coordinator) (F) Schedule the volunteer to meet with the student and the staff member who will supervise the assigment. (Person responsible: volunteer coordinator) (G) If the assigment is acceptable, use the volunteer/student assignment, Form 71.93.041c, lo document the assigment and the schedule. (Person responsible: volunteer coordinator) (H) File each form in your file on the volunteer. Send a copy ofthe assignment form to the siudent's casework subfile. (Person respmnsible: volunteer coordinator) (2) Group activities. (.A) Receive requests for student group activities with volunteers, either on- or off-campus. (Person responsible: volunteer coordinator) (B) Find a community volunteer group interested in providing an activity, (Person responsible: volunteer coordinator)

~~383 37 §93.41. TEXAS YOUTH COMMISSION Pt. Ill~~

(C) Work with the child care staff and the volunteer group as needed to schedule and make necessary arrangements for the activity. (Person responsible: volunteer coordinator) (3) Other assignments, (A) Work with your program staff to provide other volunteer assignments for volunteers with special interests or talents in administrative, technical, vocational, artistic, or cultural areas. (Person responsible: volunteer coordinator) (B) Arrange special activities in cooperation with the recreation staff for all students such as holiday or sports activities. (Person responsible: volunteer coordinator) Source; The provisions of this §93.41 adopted to be effective Februarv- 15. 1985, lOTexReg404.

§93.43. Volunteer Time Sheet. (a) Policy. The volunteer coordinator is responsible for keeping track of individual volunteer hours as documented on the volunteer sign-in sheets. (b) Procedures: time sheet. (1) Train volunteers to sign in each time on campus. (Person responsible: volunteer coordinator) (2) Collect sign-in sheets monthly (Form 71.93.043a) (Person responsible: volunteer coordinator) (3) Round off hours to nearest whole number. (Person responsible: volunteer coordinator) (4) Place total hours on monthly report (Form 71.93.101a). (Person responsible: volunteer coordinator) (5) Record each volunteer's individual hours on the back ofthe volunteer record. Form 71.93.02ir (Person responsible: volunteer coordinator) Source: The provisions ofthis §93.43 adopied to be effective February 15, 1985. 10 TexReg 404.

~~§93.44. [RESERVED]~~

§93.45. Evaluating Volunteers. (a) Policy. Volunteer coordinators, staff who supervise the volunteer, and students periodically evaluate the volunteer's performance to ensure quality service. The volunteer has the opportunity to evaluate the volunteer services program periodically as well. (b) Procedures. (1) Use the volunteer evaluation. Form 71.93.045a, to evaluate the volunteer at the end of six monihs and yearly therafter. Also evaluate the volunteer at any other lime deemed appropriate by the volunteer coordinator (Person responsible; volunteer coordinator and supervising stafi) (2) Meet with the volunteer to discuss the evaluation. (Person responsible; volunteer coordinator and supervising stafi) (3) Give the volunteer the opportunity to evaluate the program using Form 71.93.045b. Try to obtain ihis from all volunteers who are leaving the program. Send a copy to the assistant chief of volunteer services and keep one in your files. (Person responsible: volunteer coordinator) (4) .Ask the student to complete a student evaluation of volunteer, Form 71.93.045c. when the volunteer completes the assignment with the student. (Person responsible: volunteer coordinator) (5) Discuss unsatisfactory performance with the volunteer at any time it is needed. (Person responsible: volunteer coordinator) (6) Refer to §93.53 ofthis title (relaling to Separation), if the volunteer seriously violates TYC policy, endangers a student, or has unsaiisfactory evaluations. (Person responsible: volunteer coordinator) (7) File evaluations in the volunteer's file. (Person responsible: volunteer coordinator) Source: The provisions of this §93.45 adopted to beeffective Februan.' 15. 1985. lOToiRcg 404.

~~§93.46. through 93.48. [RESERVED]~~

§93.49. Volunteer Benefits. (a) Policy. The Texas Youth Commission recognizes volunteers and provides certain benefits as recognition of their contribution. (b) Procedures. (1) Establish jobs that provide meaningful work experience. (Person responsible: volunteer coordinator) (2) Provide information regarding tax benefits: (.A) gas mileage;

~~384 (.'iijivriiihi © l'/tt5 .S.'aiinl /I'Vivi and Han liUormalion Systems. Inc. Ch. 93 VOLUNTEER SERVICES 37 § 93.63.~~

(B) out of pocket expenses; and (C) tax deductible donations..(Person responsible: volunteer coordinator) (3) Provide meals. See GOPP 90.62.050 (Person responsible: volunteer coordinator) (4) Recognize volunteers using certificates of service. Form 71.93.049a; awards; and letters of appreciation. (Person responsible: volunteer coordinator) (5) Provide references when requested. (Person responsible: volunteer coordinator) Source; The provisions of this §93.49 adopted lo beeffective February 15. 1985. lOTexReg 404.

§93.53. Separation. (a) Policy. Volunteer services may teminate if performance is unsatisfectory. (b) Procedures. (1) Remove volunteers not longer suited to the assignment Refer lo §93.45 ofthis title (relating to Evaluating Volunteers). (Person responsible: volunteer coordinator) (2) Reassign volunteers having problems with current assignment. (Person responsible: volunteer coordinator) (3) Accept volunteer resignations. (Person responsible: volunteer coordinator) (4) Conduct an exit interview using the volunteer exit interview, Form 71.93.053a. (Person responsible: volunteer coordinator) (5) Obtain the volunteer identification card. (Person responsible: volunteer coordinator) (6) File all separation forms. (Person responsible: volunteer coordinator) Source: Theprovisionsof this §93.53 adopted to beeffective February- 15. 1985. I0TexRe8 404.

~~CONSTRAINTS~~

§93.61. Agency Rules. (a) Agency policies and procedures. Volunteers are subject to all applicable rules, regulations, policies, and procedures of the commission and the facility/program where they volunteer. (b) Money. (1) A volunteer shallnot give money directly to students. (2) If a volunteer wishes to donate money to a specific student, he or she must consult the coordinator for the proper procedure.. (3) A volunteer shall not accept money from students for personal use. (c) Keys. (1) Keys to state buildings, state vehicles, or state equipment shall not be issued lo individual volunteers. (2) If a volunteer needs a key lo a room in order to [>erform a volunteer assignment, a key may be issued for a short, specific time if authorized by the superintendent or program administrator. (3) Volunteers may use slate property only when authorized for a specific assignment or advisory council project. (4) Volunteers may not use the facilty letterhead. A standard letterhead for facility advisory councils is provided by the commission. Source: The provisions ofthis §93.61 adopted to be effective May 23. 1984. 9 TexReg 2563.

~~§93.62. [RESERVED]~~

§93.63. Insurance and Vehicles. (a) Insurance coverage. (1) The State ofTexas does not provide insurance coverage for volunteers; no fimds are appropriated for this purpose. (2) The department encourages councils to provide individual auto liability and accident insurance to cover volunteers during limes they are working on a volunteer assignment. (b) Passengers in state vehicles. Volunteers may ride as passengers in faciliiy buses, vans, and other state vehicles in connection with their approved volunteer assignment. (c) Requirements for drivers. (1) Volunteers who drive non-state private vehicles transporting clients musl have at least the minimum auto liability insurance coverage required by state law.

~~385 37 §93.63. TEXAS YOUTH COMMISSION Pt. Ill~~

(2) A volunteer whose driver's license is from another state may not transport clients until he or she has obtained a valid Texas drivers' license, or a military equivalent accepted by the Department of Pubhc Safety in lieu of a valid Texas license.

~~Source: The provisions of this §93.63 adopted to be effective Mav 23. 1984. 9 TexReg 2563: amended lo be effeciive Fcbniar\ 15. 1985. 10 TexReg 404.~~

~~§93.64. [RESERVED]~~

§93.65. Confidentiality. (a) Confidentiality. (1) .All volunteers are subject to the confidentiality statutes and regulations governing disclosure of information concerning clients, as listed in: (A) General Operating Policies and Procedures Manual 90.52.030, 90.52.040, 90.52.050 (§§81.223-81.225 of this title (relating to Records and Reports)). (B) The Texas Family Code title 3, §51.14(b). (2) Volunteers sign a volunteer agreement. Form 71.057a, prior to beginning an assignment. (b) Taking photographs of students. Volunteers shall not take any photographs of students without obtaining clearance through the volunteer services office, which will be responsible for obtaining legally adequie consent from the appropriate persons.

~~Source: The provisions of ihis §93.65 adopted to be effective Mav 23. 1984. 9 TexReg 2563: amended to be effective Februar\' 15. 1985. 10 TexReg 404.~~

~~§93.66. through 93.68. [RESERVED]~~

§93.69. Employee Participation in Councils. (a) -At facilities/programs where employees are invited lo participate in advisor>' council meelings, they may attend meetings of ihe council as nonvoting members, if their work schedule permits. (b) Employees ofthe facility shall not vote or hold any office in the Volunteer Services Council. (c) The facility's superintendent/adminstrator is entitled to one vote in all deliberations ofthe council, but may not hold any office in the council.

~~Source: The provisions of ihis §93.69 adopted LO be effeciive Ma> 23. 1984, 9 TexReg 2563.~~

~~COMMUNITY ADVISORY COUNCILS~~

§93.79. Fiscal Responsibilities. (a) Policy. (!) Community advisory councils make financial transactions in accord with the Texas Nonprofit Corporation Act. (2) If a Texas Youth Commission (TYC) employee sits on the council's board of directors, the council's books are subject to audil by the state auditor. If an employee of TYC does not sit on the board of directors and the slate auditor, therefore, does not have authority to audil the council's books, then the council must submit to the secretary of stale within 90 days of the end of the council's fiscal year a financial report which conforms to the standards promulgated by the American Institute of Certified Public Accountants, including a statement of support, revenue, and expenses and changes in fund balances, a statement of functional expenses, and a balance sheet for all funds. (b) Procedures, (1) Ensure financial transactions are handled properly. (Person responsible: CAC executive commitiee) (2) Maintain a bank account to support council activities. (Person responsible: C.AC executive committee) (3) Ensure an annual financial reports is filed with the secretar>' of stale. (Person responsible: CAC execuiive committee) (4) Follow CAC bylaws for use of council funds. (Person responsible: CAC executive committee)

~~Source: The provisions of this §93.79 adopted lo be effective February 15. 1985. IOTcxRcg404.~~

~~386 CiipiTight © I9J15 .Stale iif Te.xai and Han Information Sysiemy Ini. Ch. 93 VOLUNTEER SERVICES 37 § 93.87.~~

§93.83. Donations. (a) Policy. Any donations of goods, services, or fimds to the Texas Youth Commission belong to the local community advisory council (CAC) unless the donor insists they be given to the Texas Youth Commission. The volunteer coordinator receives and processes all donations on behalf of the CAC. (b) Procedures. (1) Receiving donations. (A) Receive all donations to the facility, program, or students through the volunteer services office. (Person responsible: volunteer coordinator) (B) Inform staff to refer offers or actual donations to the volunteer services office. (Person responsible; volunteer coordinator) (C) Keep records of each donation for five years. (Person responsible: volunteer coordinator) (D) Do not itemize or set a value on the donation for purpose ofthe donor's tax records. (Person responsible: volunteer coordinator) (E) Establish procedures for staff to receive donations when the volunteer services office is closed including nights, weekends, and holidays. (Person responsible: volunteer coordinator) (2) Processing donations. (A) Deposit any funds received into the CAC bank account. Send deposit slips to Ihe CAC treasurer. (Person responsible: volunteer coordinator) (B) Notify the CAC regulariy ofthe donations received. (Person responsible: volunteer coordinator) (C) Acknowledge the donation by writing a letter to the donor on CAC letterhead! (Person responsible: volunteer coordinator) . (D) Co-sign the letter with the CAC chair or other designated member. Have the CAC provide a signature stamp for this purpose if acceptable lo the CAC. (Person responsible: volunteer coordinator) (E) If the facility receives funds not specifically designated for the CAC, assume it is intended as a CAC . donation if; (i) the donor is commonly known or recognized as an active participant in the volunteer program; (ii) the funds are received in response to a specific fund appeal by the CAC; or (iii) the donation refers to a program or activity sponsored, underwritten, or coordinated bylthe CAC. (Person responsible: volunteer coordinator, business manager) (F) Ask donors of unspecified funds to authorize in writing that the funds be given to the CAC. (Person responsible: volunteer coordinator) (3) Processing food donations. (.A) When you have an offer of food that is not for a specific activity such as a birthday party, holiday party, or picnic: (i) confer with the food service or other responsible staff about whether they can use and,store the food; (ii) make sure the food is palatible; (iii) receive acceptable food according lo the procedure used for receiving the facility's purchased food supplies. (Person responsible: volunteer coordinator) (B) Ensure food service staff notifies you if they receive food donations directly. (4) Distributing donations. (A) Make efforts to distribute donations to individuals, groups, living units, or department's according to the donor's wishes as long as it does not violate facility standards for student care. (Person responsible:. volunteer coordinator) (B) Work with your program staff to distribute both designated and undesignated donations. (Person responsible: volunteer coordinator) (C) Give donated items which cannot be used to directly or indirectly benefit students to other charitable organizations which can use them. (Person responsible: volunteer coordinator) . Source: The provisions ofthis §93.83 adopted to be effective February 15, 1985, I0TexReg404.

§93.87. Soliciting Donations. (a) Policy. Community advisory councils (CACs) solicit tax-exempt donations of goods, services, and funds to benefit Texas Youth Commission sludenis. (b) Procedures. (1) Work with ihe CAC lo plan and carry out fund-raising activities. (Person responsible: volunteer coordinator) (2) Solicited donations from the communily on behalf of the CAC as authorized by the council's bylaws. (Person responsible: volunteer coordinator)

~~387 37 §93.87. TEXAS YOUTH COMMISSION Pt. Ill~~

(3) Do not allow staff other than volunteer services employees to solicit funds unless they are authorized to do so by the volunteer coordinator as part of a fund-raising activity. (Person responsible: volunteer coordinator) Source: The provisions ofthis §93.87 adopied to be effective FebrLiar>' 15. 1985. 10 Te.\Reg 404.

§93.91. Staff Requests for Donations. (a) Policy. Texas Youth Commission (TYC) staff may request donated items from the community advisory councils. (b) Procedures. (1) Identify student needs for goods, ser\'ices, or funds that are not supplied by the regular program. (Person responsible: TYC staff) (2) Fill out Form 71.93.091a. request for donation. (Person responsible: TYC staff) (3) Make the request specific and attach a proposed budget or distribution list if needed. (Person responsible: TYC StafO (4) Route the request for approval and send it to the volunteer coordinator. (Person responsible: TYC staff) (5) Review the request and recommend action to the C.AC (Person responsible: volunteer coordinator) (6) Consult with staff as needed to arrange for use ofthe donation. ' 15. 1985. lO TexReg 404.

§93.95. Value of Donations. (a) Policy. The volunteer coordinator places a value on donated items for purposes of reporting to the Communily Advisor>' Council and the TYC Volunteer Services Department. (b) Procedures. (1) When donations arrive, set values according to ihese guidelines: (Person Responsible: Volunteer coordinator). (.A) Cash: Actual cash donated. (B) Food: Market value of food donated. (C) Clolhing, merchandise, or equipment: if new, actual retail price; if used, fair market price. (D) Professional, or consultant services given in a professional capacity: the actual cost if the ser\'ice had been purchased. (E) Tickets: the cost had they been purchased. (2) Report the value of donated ilems to the C.AC regularly. (Person responsible: volunteer coordinator). (3) Include the value of donated items in your Monthly Volunteer Report (see 71.93.101). (Person responsible: volunteer coordinator). Source: The provisions of this 5*J3.95 adopied 10 be effective February 15. 1985. 10Te^Reg404.

~~VOLUNTEER REPORTS~~

§93.101. Monthly Reports. (a) Policy. Volunteer coordinators compile monthly reports to document their activities. (b) Procedures. (1) Complete the monthly report. Form 93.101a, following the instructions on the form. (Person responsible: volunteer coordinator) (2) Send in the form by the 10th of each month. (Person responsible: volunteer coordinator) Source: The provisions of ihis §93.101 adopted lobe effective February 15. 1985. 10 TexReg 404.

~~§93.102. through 93.109. (RESERVED]~~

§93.110. Correspondence. (1) The volunteer services staff uses the standard facility letterhead for al! official department correspondence. (2) The official stationer\' of each council uses the standard volunteer services emblem authoirzed by the Central Office Volunteer Services.

~~388 Copynghi © 19.^5 Sm/ci-f Te.xas and Han Information Svstems. In... Ch. 93 VOLUNTEER SERVICES 37 § 93.110.~~

(3) The coordinator's signature may be added to correspondence on council stationery signed by a member ofthe council. Source: The provisions oflhis§93.110 adopted to be effeciive May 23. 1984, 9 TexReg 2563.

~~389 TEXAS VOUTH COMMISSION Pi. Ill~~

~~390 i opyri/rb; 0 .'W ^cir -f /niAi and flan I'tiini-^ CHAPTER 95. RESIDENTIAL CONTRACT SERVICE~~

~~Section No. Section Name~~

PHILOSOPHY AND PURPOSE 95.1. Philosophy. 95.2. Purpose. PROGRAM CLASSIFICATION ACCORDING TO CHARACTERISTICS 95.11. Residential Treatment Facilities. 95.14. Foster Homes. 95.15. through 95.16. [RESERVED]

SECURING AND EVALUATING CONTRACT PLACEMENTS 95.31. Identification and Contract. 95.32. Application for Contractual Services. 95.33. Standards and Guidelines Certification. 95.34. Fee Structure and Classification. 95.35. Contract I*riorities and Terms 95.36. Specialized Residential Services. 95.37. Moniioring. 95.38. [RESERVED] STANDARDS RELATING TO MANAGEMENT AND ADMINISTRATION 95.51. Governing Body. 95.52. Philosophy and Polic>'. STANDARDS FOR PERSONNEL AND STAFFING 95.61. Purpose of Policies. 95.62. Availability of Policies. 95.63. Changes in Policies. 95.66. Hiring Regulations. 95.67. Qualifications for Staff Composition.

~~STANDARDS RELATING TO TREATMENT PROGRAM 95.82. through 95.83. [RESERVED] 95.90. Program Profile. 95.91. Treatment Approach. STANDARDS RELATING TO RECORDS AND REPORTING 95.117. Retaining Records.~~

PHYSICAL FACILITY 95.131. Structure and Maintenance. 95.132. Applicable Laws and Requirements. 95.133. Environmenl. 95.134. .Availability; Accessibility. 95.135. Location. 95.136. Signs. 95.137. Reevalualions. '95.138. Space, Equipment and Facilities. 95.139. Access lo Files.

RESIDENT'S RIGHTS 95.171. Written Acknowledgment of Rights. 95.172. Program Goals and Planning. 95.173. Legal and Civil Rights. 95.174. Privacy. 95.175. Family Involvement. 95.176. Participation of the Studenl and Family in Planning. 95.177. Confidentiality. 95.178. Visitors, Mail, Telephone Calls.

~~391 TEXAS YOUTH COMMISSION Pt. Ill~~

~~95.179. Discipline~~

AGENCY HOME STANDARDS. 95.201. Referrals. 95.211. Orientation. 95.221. Student Rights. 95.231. Incident Reporting. 95.241. Studenl Grievance Procedure. 95.251. Daily Care. 95.261. Service Agents' Training. 95.270. Records. 95.271. Temporar>' Absences fi"om the Program. 95.281. Release.

~~392 Cop< right t! /v.f.' Sioifol Texas and Han Infonnation Si-stems. Inc. Ch • 95 RESIDENTIAL CONTRACT SERVICE 37 § 95.15.~~

~~PHILOSOPHY AND PURPOSE~~

~~Authority: The provisions ofthese g§95.1 and 95.2 issued under Acts 1979, 66th Leg., ch. 842, effeciive September 10. 1979 (Texas Human Resources Code §61.001 ei seq.), unless otherwise noted.~~

§95.1. Philosophy. The philosophy of the Residential Contract Program is to use residential community-based programs for alternative placement for students placed in the care, custody, and control ofthe Texas Youth Council by the court.

~~Source: The provisions ofthis §95.1 adopted to be effective Januarv I, 1976: amended to be efTective June 24, l9S0,5TexRcg 2273.~~

§95.2. Purpose. The purpose of the Residential Contract Program shall be the development of responsive and eflfeciive residential programs for students who normally would have been placed in Texas Youth Council-operated facilities. It shall provide program services and/or trealmeni and training which will facilitate adolescent growth. These services shall be provided as geographically close to the student's home as possible. Contract placement programs shall provide both short- and long-term placement for students lacking familial structure and support for reintegration into the community.

~~Source: The provisions ofthis §95.2 adopted to be effeciive Januarv 1, 1976; amended to be effective June 24, 1980, 5 TexReg •2273. •~~

~~PROGRAM CLASSIFICATION ACCORDING TO CHARACTERISTICS~~

~~Authority: The provisions of these §§95.11-95.14 issued under Acts 1979, 66lh Leg., ch. 842, eflfeciive September 10, 1979 (Texas Human Resources Code §61.001 et seq.): unless otherwise noted.~~

§95.11. Residential Treatment Facilities. (a) These are programs designed primarily for intensive and specialized rehabilitation of emotionally disturbed, intellectually limited, and habitually aggressive students who may need either short- or long-term care. (b) Students placed in these programs are felt to need a highly structured environment judged to be necessary for successful reintegration. (c) When feasible, location of facilities should be within or near the student's community to a£ford maximum resource involvement. (d) The ratio of treatment staff to students will be in accordance with DHR standards. (e) Professional psychological, psychiatric, and social work consultation will be available. (f) Only facilities designed to deal with specific emotional and/or behavioral problems shall be used. (g) Age limitations and facility capacity will be determined by the contract agency.

~~Source: The provisionsof this §95.11 adopted lo t)e effective Januar>- I. 1976-. amended to be effeciive June 24. i980.5TexReg 2273.~~

§95.14. Foster Homes. (a) Foster homes will provide a family setting and home environment. (b) Capacity of foster homes is up to six students. (c) Age limitations are determined by existing agency. (d) All foster homes are certified by TYC in accordance with agency foster home standards.

~~Source: The provisionsof Ihis §95.14 adopted lo be effective Januar>^ I. 1976; amended to be efTective June 24, l980.5TexReg 2273.~~

~~§95.15. through 95.16. IRESERVED]~~

~~SECURING AND EVALUATING CONTRACT PLACEMENTS~~

~~Authority: The provisions ofthese §§95.31-95.37 issued under Acts 1979. 66th Leg., ch. 842, efTective September 10. 1979 (Texas Human Resources Code §61.001 ei seq.).~~

~~393 37 §95.31. TEXAS YOUTH COMMISSION Pt. Ill~~

§95.31. Identification and Contract. (a) When inquiries are received from private agencies about TYC contract services, an investigation will be conducted by TYC staff to determine the agency's suitability for serving TYC students. (b) Should the organization or agency appear to meet DHR and TYC Standards it will be provided with a copy ofthe application for contractual services. Source: The provisions ofthis §95.31 adopied to be effective Januaiv 1. 1976: amended to be effeciive June 24, 1980, 5 TexReg 2273.

§95.32. Application for Contractual Services. (a) The purpose of the application is to provide basic identifying and descriptive informaiion about the existing or proposed program. (b) The completed application should be submitted to the community resource specialist in the agency's area. Following approval, an on-site visit will be scheduled by a community resource specialist to complete the survey profile. Source: The provisions ofthis §95.32 adopied lo be effeciive Januar> 1, 1976: amended to beeffective June 24. 1980, 5 TexReg 227.1.

§95.33. Standards and Guidelines Certification. To ensure that the Texas Youth Council contracts only with acceptable programs, minimum standards and guidelines for placement resource programs have been developed by DHR and TYC. They address such issues as treatment programs, staffing patterns, administrative structure, child care services, and physical facilities. The survey profile questionnaire has been developed and will be applied to service agency programs to determine systematically whether the service does meet Texas Youth Council standards and guidelines. .All residential care programs must be licensed by the Department of Human Resources or certified by the TYC in accordance with established DHR standards for licensing.

~~Source: The provisionsof this §95.33 adopted to be effective Januar\ 1. 1976: amended to be efTective June 24. 1980, 5 TexReg 2273.~~

§95.34. Fee Structure and Classification. Following completion ofthe survey profile and development ofthe program classification, an equitable fee will be established in accordance with the existing TYC fee scale. The fee scale will help to eliminate confusion and differential application of payments to different service agencies. Funding rate is subject to Texas Youlh Council board approval. Source: The provisionsof this §95.34 adopted to be effective Januapi- 1. 1976; amended lo be cfTective June 24. 1980. 5 TexReg 2273.

§95.35. Contract Priorities and Terms (a) Types of students served. Priority is given to programs which provide ser\'ices to students in need of community placement. The hard-io-place siudeni is a priority client. (b) Utility of program. Priority is given to the small capacity program offering more individualized programming. (c) Program excellence (and objectives). Priority is assigned to those programs that have demonstrated effectiveness in serving and treating Texas Youlh Council students. (d) Location!community-based setting. Priority will be given to those programs located within the major metropolitan areas from which the majority of committed students' families reside. (e) .Actual cost. The actual cost of services rendered to Texas Youlh Council student is considered when the per diem rate is determined for the contract agency. .Agencies offering specialized ser\'ices will be eligible for a higher per rf/em rate to offset the expenses incurred. (0 Community support. Priorily is given to those programs having a board of directors which is representative of the general citizenry in the community. This reflects the overall degree of community acceptance and involvement in volunteer and other support activities with the agency program. (g) Provisions of contract. The contract ensures that the service agency will provide room, board, supervision, casework services, and an individualized program plan for each Texas Youth Council student admitted. The contract does ensure that the service agency has auihority to screen all referrals made by Texas Youth Council. It establishes the fee and method of payment; it ensures that Texas Youth Council personnel will review each student's progress at reasonable intervals; and that Texas Youth Council will have the authority for monitoring and evaluation. (h) Signatures required. Each contract musl be signed by the director of the service agency, the Texas Youth Council assistant execuiive director for support services. Residential Contract Program administrator, and TYC legal counsel. Source: The provisionsof this §95.35 adopted to be effective Januarv 1, 1976: amended to be effective June 24, 1980. 5 Te\Reg 2273.

~~394 Copyrixtil © /Wl^ Staicof Te.xas and Han Inlimiiation .Sy\iemi. Inc. Ch. 95 RESIDENTIAL CONTRACT SERVICE 37 § 95.52.~~

§95.36. Specialized Residential Services. S[>ecialized services for students may be contracted for in addition to the basic child care contract. The following conditions apply: (1) The specialized service must be recommended to the administrator of Residential Contract Programs ofthe Texas Youth Council by the Texas Youth Council communily resource specialist with approval of his parole supervisor. (2) The specialized service musl be in the individualized program plan before TTC can contract for services. Progress reports and recommendations must be provided by the contracted agency once service begins. . (3) Specialized residential services will be defined as only those services limited by law to be administered by an individual licensed or certified for that professional service (such as psychiatric or psychological services or social psychotherapy). (4) Filial authorization for the specialized residential service shall be the responsibility of the residential contract administrator. (5) Payment for the ser\ice will be determined by the residential contract administrator in accordance with the residential contract fee scale.

~~Source: The provisions ofthis §95.36 adopted to be effective Januarys 1, 1976; amended to beeffective June 24, 1980, 5 TexReg 2273.~~

§95.37. Monitoring. Community resource specialists are required to monitor each contracted service agency program at least once every six months. The purpose ofthe monitoring activity is to ensure that the service agency is providing the contracled services and maintaining its adherence to Texas Youth Council standards and guidelines.

~~Source: The provisions ofthis §95.37 adopted lo be effective Januar>- I, 1976; amended to \K effective June 24, 1980, 5 TexReg 2273.~~

~~§9538. |RESERVED|~~

~~STANDARDS RELATING TO MANAGEMENT AND ADMINISTRATION~~

~~Authorit>: The provisions ofthese §§95.51 and 95.52 issued under .Acts 1979. 66lh Leg., ch. 842. effective September 10. 1979 {Texas Human Resources Code §61.001 et seq.).~~

§95.51. Governing Body. A contracted agency should have a governing body of representatives from the local community; its purpose, philosophy, and plan of operation should be set forth as matter of official record in its charter, constitution, or other appropriate official document.

~~Source: The provisions of this §95.51 adopied lo be effective Januar>' 1, 1976; amended to beeffective June 24, 1980,5TexReg 2273.~~

§95.52. Philosophy and Policy. (a) The governing body of a facility has the overall responsibility for the operation of the facility and shares with the adminisirative and treatment staff the responsibility for the implementation of philosophy and policy. The policy statement should include: (1) The philosophy, purpose, and goals for which the agency was established and for which it shall opwrate. (2) Specific procedures for meeting needs ofthe youihserved. (b) The governing body shall appoint a chief administrative officer or director to assure that policy is translated into administrative action. (c) The adminisirative body shall endeavor lo integrate the placement facility and its residents into the community and lo develop community interest in the placement. (d) The administrative body shall ensure that all Department of Human Resources and Texas Youth Council standards are met.

~~Source: The provisions Of this §95.52 adopted to beeffective Januan- I. 1976; amended to IK effective June 24. 1980.5TexReg 2273.~~

~~395 37 §95.52. TEXAS YOUTH COMMISSION Pt, III~~

~~STANDARDS FOR PERSONNEL AND STAFFING~~

§95.61. Purpose of Policies. Personnel policies and practices shall be designed, established, and maintained to promote the objectives of the placement facility and to ensure that there is an adequate number of personnel to support quality of youth care. Source: The provisionsof this §95.61 adopted lobe effeciive January 1. 1976; amended lobe effective June 24, 1980, 5 TexReg 2273.

§95.62. Availability of Policies. Personnel policies shall be available and shall denote standard qualifications, responsibilities, and job descriptions for all staff. Source: The provisions ofthis §95.62 adopted to be effective January 1, 1976; amended to be effective June 24, 1980, 5 TexReg 2273.

§95.63. Changes in Policies. Procedure shall be established for notifying staff, residents, and Texas Youth'Council staff of changes in established policies. Authority: The provisions of this §95.63 issued under Acts 1979. 66th Leg..ch. 842. effective September 10. 1979 (Texas Human Resources Code §61.001 ct seq ). Source: The provisionsof this §95.63 adopted lo be effective January 1. 1976: amended to be effective June 24, 1980, 5 TexReg 2273.

§95.66. Hiring Regulations. The contracting facility shall follow all federal, state, and local laws and regulations regarding recruiting and hiring. Authority: The provisions of this §95.66 issued under Acts 1979. 66lh Leg., ch. 842, effective September 10, 1979 (Texas Human Resources Code §61.001 et seq.). Source: The provisionsof this §95.66 adopied to he effective January 1. 1976; amended to be effective June 24, 1980, 5 TexReg 2273.

§95.67. Qualiflcations for Staff Composition. Staff composition shall be consistent and determined by the facility in accordance with an assessment of needs of its students, program goals, and all appropriate federal, stale, and local laws and regulations. Appropriate qualifications to provide basic child care should reflect the following staff consideration. (1) There should be a direct relationship between the size and scope ofthe program and the number and types of staff members as specified by DHR standards. (2) Staff should have specialized knowledge and skills necessar>' to apply particular program methods specified in the treatment plan. (3) Staff should be capable of providing a safe and secure group living atmosphere so that a student can live, grow, and develop appropriate social skills. (4) Staff should promote individuality and independence ofthe students. (5) All staff shall possess a willingness and ability to facilitate the growth and development ofthe students. (6) Staff behavior should demonstrate respect for the dignity of each student. (7) Staff should work harmoniously with the sponsoring agency to locate and use needed community resources. <8) The ratio of total siaff carrying responsibilities for the supervision of students shall be in accordance with the Department of Human Resources standards. (9) A staff training program used by the placement facility shall have well-defined objectives. Authority: The provisions ofthis §95.67 issued under .Acts 1979. 66ih Leg. ch. 842. effective September 10. 1979 (Texas Human Resources Code §61.001 ei .seq.). Source: The provisions of this §95.67 adopted to beeffective Januan.' L 1976; amended Lo be effeciive June 24, 1980. 5 TexReg 2273.

~~396 CiiprriglM® lv,S5 Suiw of Teas and Han Information Systems. Inc Ch. 95 RESIDENTIAL CONTRACT SERVICE 37 § 95.132.~~

~~STANDARDS RELATING TO TREATMENT PROGRAM~~

~~§95.82. through 95.83. IRESERVED]~~

§95.90. Program Profile. Placement facility shall provide a program profile denoting population to be served, including: (1) age and sex; (2) types of behavior or problems for which students will be accepted; (3) number of students the program will serve at any one time; and (4) sp)edal requirements, such as legal status, health, school attendance, medical, psychological testing, etc. Authority: The provisions ofthis §95.90 issued under Acts 1979, 66th Leg., ch. 842, effective September 10, 1979 (Texas Human Resources Code §61.001 et seq.). Source: The provisions of ihis §95.90 adopted to be effective Januar>' 1, 1976; amended to be effective June 24, 1980, 5 TexReg 2273. Cross References: This section cited in 37 TAC §95.81 (relating to Acceptance of a Student into a ResidenUal Contract Program).

§95.91. Treatment Approach. Statement of treatment methods, techniques, and services to be used must exist with specification of intensity, fi^quency,an d duration ofthese methods. Authority: Theprovisionsof this §95.91 issued under .Acts 1979, 66lh Leg., ch. 842, effeciive September 10, 1979 (Texas Human Resources Code §61.001 et seq.). . Source: The provisions ofthis §95.91 adopted to be effective January' 1, 1976; amended to be effeciive June 24, 1980, 5 TexReg 2273. Cross References: This section cited in 37 TAC §95.81 (relaling to Acceptance of a Siudeni into a Residential Contract Program).

~~STANDARDS RELATING TO RECORDS AND REPORTING~~

§95.117. Retaining Records. Placement facility shall maintain youth's case file for at least three years following release. Authoril}-: The provisions ofthis §95.117.issued under Acts 1979. 66ih Leg., ch. 842, effertive September 10, 1979 (Texas Human ResourcesCode§61.001 ctseq.). Source: The provisions ofthis §95.117 adopted to be effective January 1. 1976: amended to be effective June 24, 1980,5TexReg . 2273.

~~PHYSICAL FACIUTY~~

§95.131. Structure and Maintenance. Facilities serving students shall be structurally constituted and maintained in a manner that protects the lives and enhances the physical safety of its residents, staff, and visitors. Authorit>: The provisions of this §95.131 issued under .Acis 1979. 66th Leg., ch. 842, effective September 10, 1979 {Texas Human Resources Code §61.001 ei seq.). Source: The provisions ofthis §95.131 adopted to be effective January 1. 1976: amended to be effective June 24. 1980, 5 TexReg 2273.

§95.132. Applicable Laws and Requirements. The facility shall comply with all applicable federal, state, and local construction, fire health laws, and requirements. Authority: The provisions ofthis §95.132 issued under .Acts 1979. 66th Leg., ch. 842. effeciive September 10. 1979 (Texas Human Resources Code §61.001 vi seq.). Source: The provisionsof this §95.132 adopted to beeffective Januarv 1. 1976: amended to be effective June 24, l980,5TexRcg 2273.

~~397 37 §95.133. TEXAS YOUTH COMMISSION PL IH~~

§95.133. Environment. Facilities physical plant will provide a safe wholesome environment that enhances program goals and individual needs. Source: The provisions of this §95.133 adopted to be effective January 1, 1976.

~~§95.134. Availability; Accessibility. Facility should be available, accessible, and appropriately planned lo give care lo the students and Amities it serves.~~

~~Authority: The provisions ofthis §95.134 issued under Acts 1979. 66th Leg., ch. 842, effective September 10. 1979 (Texas Human Resources Code §61.001 ei seq.).~~

~~Source: The provisions ofthis §95.134 adopted to be effective Januarv 1, 1976; amended to be effertive June 24.1980, 5 TexReg 2273. SI'. V6~~

~~§95.135. Location. Facility should be conveniently located to enhance integration with other communily institutions, such as schools, and recreation facilities, such as parkj and playgrounds.~~

~~Aathority: The provisions of this §95.135 issued under Arts 1979. 66lh Leg., ch. 842. effertive September 10, 1979 (Texas Human Resources Code §61.001 el seq.).~~

~~Souree: The provisions of this595.135adopted to beeffective Januarv 1. 1976;amended tobeeffective June 24. 1980,5TcxRcg 2273. - r ,~~

~~§95.136. Signs. Where instruction and direction signs are indicated, they shall be legible, easily visible, and multilingual where necessary.~~

~~Source: The provisions of this §95.136 adopied to be effective January 1. 1976.~~

~~§95.137. Reevaluations. There should be written evidence of continued reevaluation of the facihty lo ensure that residents and staff are receiving maximum benefit from their surroundings.~~

~~Source: The provisions ofthis §95.137 adopted to be effertive January 1. 1976.~~

§95.138. Space, Equipment, and Facilities. All space, equipment, and facilities, both those within the facility and those regularly used by residents outside the facility as an integral pan of their rehabilitation programs, shall meei applicable, federal, slate, and local requirements for safety, fire, and health and sanitation.

~~Source: The provisionsof this §95.138 adopted to be effertive January 1. 1976.~~

~~§95.139. Access to Files. Resident files and confidential information shall be secured and only appropriate personnel shall have access to such information.~~

~~Source: The provisions of this §95.139 adopted to be effective Januarys 1. 1976.~~

~~RESIDENT'S RIGHTS Authority: The provisions ofthese §§95.171-95.179 issued under Acts 1979, 66th Leg., ch. 842. effertive September 10, 1979 (Texas Human Resources Code §61.001 et seq.).~~

§95.171. Written Acknowledgment of Rights. The program will acknowledge the dignity and protect the rights of all its students and their femilies.Th e principles outlined in §§95.172-95.179 ofthis title (relating lo Resident's Rights) shall be acknowledged in written policy.

~~Source: The provisions ofthis §95.171 adopted to be effertive June 24. 1980, 5 TcxRcg 2273.~~

~~398 Copyright C /ftS.l State of Te.xa.^ and Han InHtrmaiion Systems. IIK. Ch. 95 RESIDENTIAL CONTRACT SERVICE 37 § 95.178.~~

~~§95.172. Program Goals and Planning. Program goals and planning for sludenis will take into account the nature oftheir relationship to their families, parents, and significant others.~~

~~Source; The provisionsof this §95.172 adopied to beeffective January 1. 1976; amended tobeeffective June 24, 1980, 5 TexReg 2273.~~

~~Cross Referencts: This section cited in 37 TAC §95.171 (relating to Written Acknowledgment of Rights).~~

§95.173. Legal and Civil Rights. Every effort shall be made to safeguard the legal and civil rightsof students and to make certain that they are kept informed of their rights. These rights are outlined in the Studeni Rights, General Provisions, §81.11 ofthis title (relating to Student Rights). .

~~Source: The provisionsof this §95.173 adopted to l)ceffectiveJanuar\' 1, 1976; amended lo beeffective June 24, l980,5TexReg 2273.~~

~~Cross References: This section cited in 37 TAC §95.171 (relating lo Writien Acknowledgment of Rights).~~

~~§95.174. Privacy. Individual arrangements regarding a siudent's privacy shall be made explicit to the resident and family.~~

~~Source: Theprovisionsof this §95.174 adopted lobe effective Januarys 1. 1976: amended to be effeciive June 24, 1980, 5 TexReg 2273.~~

~~Cross References: This section cited in 37 TAC §95.171 (relaung to Written Acknowledgment of Rights].~~

§95.175. Family Involvement. Opportunities for family involvement if feasible shall be frequent and flexible in order to meet the needs of students and their families. This shall not conflict with the on-going functioning ofthe placement facility.

~~Source: The provisionsof this §95.175 adopted tobeeffective January 1,1976; amended tobeeffective June 24, 1980, 5 TexReg 2273.~~

~~Cross References: This section cited in 37 TAC §95.171 (relating to Written .Acknowledgment of Rights).~~

~~§95.176. Participation ofthe Student and Family in Planning. The student and family shall be allowed to participate in plans for treatment.~~

~~Source: The provisionsofthis§95.176 adopted tobeeffective Januarv 1, 1976; amended lo be effective June 24, 1980.5TexReB 2273.~~

~~Cross References: This section cited in 37 TAC §95.171 (relating to Written .Acknowledgmeni of Rights).~~

§95.177. ConTidentialit}. To enhance the well-being and protect the self-esteem and dignity of the students and families, the facility shall avoid the release of confidential information in accordance with DHR standards.

~~Source: The provisionsof this §95.177 adopted to be effertive January 1, 1976; amended to be effertive June 24, 1980, 5 TexReg 2273.~~

~~Cross References: This section cited in 37 TAC §95.171 (relating to Written Acknowledgment of Rights).~~

§95.178. Visitors, Mail, Telephone Calls. Each facility shall have policies regarding visitors, mail, and telephone calls which are consistent with practical and clinical considerations and the rights or privacy of all students.

~~Source: The provisionsof this §95.178 adopted to be effective Januarv I. 1976; amended to beeffective June 24, 1980. 5 TexReg 2273.~~

~~Cross References: This seciion cited in 37 TAC §95.171 (relating to Written Acknowledgment of Rights).~~

~~Revision No. I 399 37 §95.179. TEX.AS YOUTH COMMISSION Pt. Ill~~

§95.179. Discipline Each facility shall have written policies regarding methods used for control and discipline of students. These shall be available to appropriate staff, ihe students, iheir families, and Texas Youth Council staff. Discipline must be in compliance with the DHR and TYR standards. Source: The provisions of this §95.179 jidopied to be effective Januarv 1. 1976: amended to be effective June 24, 1980, 5 TexReg 2273. Cross References: This section cited in 37 TAC §95.171 {relating to Written Acknowledgment of Rights).

~~AGENCY HOME STANDARDS.~~

§95.201. Referrals. (a) Standard. The Re.sidcnlial Contract Program (RCP) requires service agents to review a student's case before accepting him for placement. (b) Program requirements. (1) Read the referral packet and talk to the community resource specialist (CRS) if you need further information. (Person responsible: service agents.) (2) Call the CRS if you want the student to make a pre-placemeni visit before you decide. This visit is mandator\' for Family Services Program service agents. (Person responsible: service agents.) (3) Decide whether to accept the student for placement based on your admissions policy. (Person responsible: service agents.) (4) Call the CRS within seven days of receipt with your decision. (Person responsible: service agents.) (5) If you do not accept the referral, return the referral packet to the CRS. {Person responsible: service agents.) Source; The provisions of this §95.201 adopied to be effective October 11. 1983. 8 TexReg 3861. Cross References: This section cited in 37 TAC §91.821 {relating to Overview of Standards).

§95.211. Orientation. (a) Standard. The Residential Contract Program requires service agenis to provide an orientation conference with each new student. (b) Program requirements. (1) Hold the orientation conference within 24 hours of placement. (Person responsible: service agents.) (2) Include discussion of (Person responsible: service agcnis.): (A) house rules including policies for visits, gifts, room searches, mail, and telephone calls; (B) TYC siudeni handbook; (C) the program's written rules of conduct and consequences; (D) daily schedule including work assignments; (E) plans and goals tor the student; and (F) questions and feelings the student has about the placement. (3) Documenl the orientation conference in your file on the student. (Person responsible: service agenis.) Source: The provisions ofthis §95.211 adopted to be effertive October 11. 1983. 8 TexReg 3861. Cross References: This section cited in 37 TAC §91.821 (relating to Overview of Standards).

§95.221. Student Rights. (a) Standard. The Residential Contract Program (RCP) requires service agents to protect the basic rights that the Texas Youth Commission accords its students. (b) References. See Genera! Operating Policies and Procedures Manual (GOPP) 90.41.010 (§81.11 ofthis title (relating lo Siudeni Rights)), or the TYC student handbook for a copy ofthese rights. (c) Program requirements. (1) Your program musl meet all the requiremems listed in GOPP 90.41.010 (§81.11 of this litle (relating to Siudeni Rights)). (Person responsible: service agents.) (2) In addition, your program must (Person responsible: service agents.): (A) record any discipline and restriciions given in your file on the student; (B) allow only adult staff members to administer discipline; (C) ensure physical restraint is not used by persons who lack documented training in its use; and

~~Revision No. 1 4(X) Copynght& 19^6 state of Texas and Han information .systems, inc Ch. 95 RESIDENTIAL CONTRACT SERVICE 37 §95.241.~~

(D) not use mechanical restraint at any time. Source: The provisions of this §95.221 adopted to be effective Ociobcr U, 1983, 8 TexReg 3861. Cross References: This sertion cited in 37 TAC §91.821 (relating to Overview of Standards).

§95.231. Incident Reporting. (a) Standard. When service agents believe a serious incident, as defined in General Operating Policies and Procedures Manual (GOPP) 90.52.010 (§81.221 of this title (relating to Incident Report)), has occured, they report it to the community resource specialist or the conlract parole officer as soon as possible, but no later than the next working day. (b) Program requirements. (1) Serious incidents. (A) Read ihe definitions in GOPP 90.52.010, "What lo Report" (§81.221 ofthis title (relating to Incident Reporting)). (Person responsible: service agenis.) (B) Notify' the contract parole officer or community resource speciahst to coordinate the notifications needed. (Person responsible: service agenis.) (2) Medical emergencies. Seek professional assistance. See GOPP 45.60.251(b)(9) (§95.251 ofthis title (relating lo Daily C^are)). (Person respmnsible: service agents.) (3) Other emergencies. Report emergencies thai require evacuation of the facility lo the community resource specialist wiihin 24 hours. (Person responsible: service agenis.) Source: The provisionsof this §95.231 adopted tobeeffective October 11, 1983, 8 TexReg 3861. Cross References: This seciion cited in 37 TAC §91.821 (relating to Overview of Standards}; and 37 TAC §95.251 (relating to Daily Care).

§95.241. Student Grievance Procedure. (a) Standard. The Texas Youth Commission Siudeni Grievance and .Appeals System provides students with a procedure to correct problems they have. Agency homes are required to give their student access to the grievance process. (b) Cross-references. (1) For general information about the Siudeni Grievance and .Appeals System, see General Operating Policies and Procedures Manual (GOPP) 90.45.010. (2) For information about reporting and investigating suspected mistreatment, see GOPP 90.45.020. (3) For information about appeals to the executive director, see GOPP 90.45.050 (§§83.1-83.101 of this title (relating lo .Appeals to the Executive Director)). (c) Grievance structure. The contract parole officer (CPO) is the grievance coordinator for students in agency homes. (d) Program requirements. (1) Filing the grievance. (A) Tell the service agenis or any TYC staff member if you want to file a grievance. (Person responsible; student grievant.) (B) Call the CPO and report the request. (Person responsible: service agents.) (C) Attempt to resolve the problem informally by conferring with the student, the service agent, and oihers requested by you or the student. If this resolves the problem, document it on CCS-038. (Person responsible: CPO.) (D) If this does not resolve the problem, give the studeni a numbered grievance form, L/S-001. Help him fill it QUI if he requests assistance. (Person responsible: CPO.) (E) Fill out the form, telling what the problem is and what would correct it. (Person responsible: student grievanl.) (F) Give the completed form to your CPO. Keep the yellow copy as a record until the grievance is resolved, (Person responsible: student grievanl.) (2) Sorting the grievances. (A) Write the grievant's name, the form number, and the date in the parole office grievance log (see attached). (Person responsible: CPO.) (B) If the grievance is about a placement decision send the form (L/S-OOI) lo the CRS (or the director of family services for foster care programs). See paragraph (3) ofthis subsection. (Person responsible: CPO.) (C) If the grievance is about suspected mistreatment, send the form (L/S-OOI) to the area supervisor. See paragraph (4) ofthis subsection. (Person responsible: CPO.) (D) If the grievance is about staff, other students, or rules, policies, programs, or procedures, follow paragraph (5) ofthis subsection. (Person responsible: CPO.) (3) Resolving the placement grievance. Revision No.l 401 37 §95.241, TEX.AS YOUTH COMMISSION Pt. Ill

(A) Complete Form CCS-038, statement of grievance and resolution. In the section marked "Proposed Resolution," write. "Grievance sent lo the community resource specialist (or the director of family ser\'ices) on (daie) for appeal to the executive director." (Person responsible: CPO.) (B) Contact the studenl within 24 hours after you receive the Form L/S-001 to discuss and write the appeal. (Person responsible: community resource specialist (CRS) or director of family ser\ices.) (C) Complete Form CCS-040, appeal to the executive director. Have the area supervisor initial the form. Send il lo the appeals coordinator in central office within 48 hours ofthe date on the Form L/S-001. See CCIS Manual 20.27.040 for instructions. (Person responsible: CRS or director of family services.) (4) Resolving (he suspected mistreatment grievance. (A) Tell the grievanl that the area supervisor will resolve the complaint. (Person responsible: CPO or director of family services.) (B) Complete Form CCS-038. statement of grievance and resolution. In the section marked "Proposed Resolution," write "Grievance sent to area supervisor on (date) for compliance with suspected mistreatment procedures." (Person responsible: CPO.) (C) Resolve the complaint following GOPP 90.45.020, suspected mistreatment. (Person responsible: area supervisor.) (5) Resolving other grievances. (.A) Contact the grievant and service agenis within five working days ofthe date on the L/S-001 form to resolve the grievance. (Person responsible: CPO.) (B) Contact other students, service agency staff, the CRS, or others as needed for information. (Person responsible: CPO.) (C) Complete Form CCS-038. statement of grievance and resolution. See CCIS Manual 20.27.038 for instructions. (Person responsible: CPO.) (D) Inform the grievant of the resolution and of the right to appeal lo the area supervisor. (Person responsible: CPO.) (E) If the grievanl appeals, send the CCS-038 and the L/S-001 forms to the area supervisor and make appropriate log entries. (Person responsible: CPO.) (F) If the grievant does not appeal, place the CCS-038 and the L/S-OOl forms in ihe student grievance file and make appropriate log entries. (Person responsible; CPO.) (6) Appeal lo the area supervisor, (A) Contact the grievant wiihin five working days following the decision to appeal to resolve the grievance. (Person responsible: area supervisor.) (B) Complete Form CCS-038, statement of greivance and resolution. See CCIS Manual 20.27.038 for instructions. (Person responsible: area super\'isor.) (C) Inform the grievant of the resolution and of the right to appeal to the execuiive director. (Person responsible: area supervisor.) (D) If the grievant appeals, send the CCS-038 and the L/S-OOl forms to the CRS for appeal to the executive director. Make appropriate log entries. (Person responsible: area supervisor.) (E) If the grievant does not appeal place the CCS-038 and the L/S-OOl forms in the student grievance file and make appropriate log entries. (Person responsible: area supervisor.) (7) .Appeal to ihe executive director. (A) Complete Form CCS-OAQ, appeal to the executive director form. See CCIS Manual 20.27.040 for inslruclions. (Person responsible: CRS or director of family services.) (B) Attach CCS-038 and L/S-OOI forms to the CCS-040 form. Have the area supervisor (or superintendent of CRTC) initial the form to show approval. (Person responsible: CRS or director of family services.) (C> Forward the completed appeal to the appeals coordinator in central office within two working days following the decision to appeal. (Person responsible: CRS or director of family services.) Source: The provisions of this §95.241 adopted to be effccuve Oaober 11. 1983, 8 TexReg 3S61. Cross References; This seciion cited in 37 TAC §91.821 (relating to Overview of Standards).

§95.251. Daily Care. (a) Standard. The service agents are responsible for providing basic child care. (b) Program requirements. (1) Nutrition. (.A) Provide three well-balanced meals daily. (Person responsible: service agents.) (B) Provide evening snacks daily. (Person responsible: service agenis.) (C) Make sure there are no more than 14 hours between the evening meal and breakfast. (Person responsible: service agents.)

(D) Do not use regularly scheduled meals and snacks as a reward or punishment. (Person responsible: service agenis.) (2) Recreation. (A) Make indoor and ouidoor recreation and equipment available regularly. (Person responsible: service agents.) (B) Encourage student to participate in recreational activities offered by the schools and the communily. (Person responsible: service agents.) (C) Allow students to make friends outside the placement (Person responsible: service agenis.) (3) Transportation. Provide transportation as needed for daily activities. (Person responsible: service agents.) (4) Studenl money. (A) If you choose to give allowances, make sure the amount is appropriate to the students' ages. (Person responsible: service agents.) (B) Provide a secure way for the student to keep his own money, i.e., allowances, earnings, and gifts. (Person responsible: service agenis.) (C) Set limits on the amount of cash students may have on hand. (Person responsible; service agents.) (D) .Arrange banking services so the student may deposit money over the amount he may have on hand in an account of his own and withdraw money as you approve to meet his personal needs. (Person responsible: service agents.) (E) Arrange for students with trust funds to request withdrawals ihrough the FSW. See CRTC Manual 49.60.265 (§91.223 ofthis title (relating to Trust Funds.) (Person responsible: service agenis.) (5) Student works. (.A) Provide any ofthe following kinds of work for students in your placement (Person responsible: service agents.): (i) You may require studenl work unpaid at tasks for the maintenance for their own living areas. (ii) You must pay a student to work al tasks not shared equally by all students unless the tasks benefit him directly. ,A task thai leaches a siudeni vocational skill is an example of one which benefits him directly. (B) Ensure that work does not interfere with adequate recreation and leisure time. (Person responsible: service agents.) (6) 24-hour supervision. (.A) Maintain a one-io-eighi staff: student ratio during waking hours. Count all children living in the home including the foster students, the foster parent's own children, and employee's children who may be living in the home. (Person responsible: service agents.) (B) Make sure at least one adult is present when students are sleeping. (Person responsible: service agents.) (C) Make sure that while students are at school, work, or activities outside the home they know how to reach at least one aduli. (Person responsible: service agents.) (7) Education. (.A) Provide school supplies needed by the student. (Person responsible: service agents.) (B) Communicate with school officials and act as parents as needed for school activities, conferences, and meetings. (Person responsible: ser\^ice agents.) (C) Serve as the surrogate parent as required for special educaiion programs. (Person responsible; service agents.) (8) Clothing. (A) Inventory the student's clothing when he arrives for placement. If he does not have ever>'thing on the TYC minimum clothing list, notify the community resource specialist (CRS) lo provide the items needed. (Person responsible: ser\ices agents.) (B) Maintain at least the minimum supply by helping the studenl select clothing and purchasing ii for him. (Person responsible: service agents.) (C) See the clothing is in good repair, fits well, and is comparable to that worn by other students in the community, (Person responsible: ser\'ice agenis.)

~~Revision No.l 403 37 §95.251. TEXAS YOUTH COMMISSION Pt. Ill~~

(D) Document clothing you purchase by noting the date and amounts in you files. (Person responsible: service agents.) (E) Minimum clothing list (Person responsible: service agents.) (i) Boys. Item Quantity Pants (jeans or casual) 3 each Shirts (knii or sports shirt) 3 each Shoes, school 1 pair Shoes, tennis 1 pair Briefs 5 pair Socks 5 pair T-shirts 5 each Jacket/Sweater (seasonal) 1 each Robe 1 each

(ii) Girls. Item Quantity Pants or Pantsuits (jeans are acceptable) 3 each Blouses 3 each Dress outfit (dress or nice pantsuit) 1 each Shoes, school 1 pair Shoes, tennis 1 pair Panties 5 pair Bras 3 each Hose, paniy 2 pair Socks, knee-high or athletic footlet 4 pair Pajamas/gown I each Robe 1 each Jacket/Sweater (seasonal) 1 each

(9) .Medical care. (.A) If the studenl has not been examined by a physician and a dentist within 30 days after commitment to TYC: remind the CPO to arrange these services. (B) Thereafter, have each student examined annually by a physician and dentist. (Person responsible: services agents.) (C) Take the student to a doctor as quickly as possible if the student (Person responsible; ser\'ice agents.): (i) is bleeding severly and the bleeding cannot be stopped with pressure applied over the cut for five minutes; (ii) has a temperature of 104" which persists for more than 24 hours and the fever does not respond to the administration of aspirin or Tylenol: (iii) suffers a painful injur> lo his extremities whihc results in severe bruising, swelling, or redness; (iv) sutTers any injurv to the head which causes dizziness, nausea, unconsciousness, or seizures: (v) suffers a burn which covers an area larger than a square inch; and (vi) is wounded and ihe wound becomes red, inflamed, or drains pus-like excretions. (D) Consult the contract parole officer (CPO) when a student complains of illness or injur>' not described in subparagraph (C) of this paragraph; take the student to a doctor or dentist if the CPO agrees. (Person responsible: service agents.) (E) Report emergencies as required in 45.60.231 (§95.231 of this lille (relating to Incident Reporting)). (Person responsible: service agents.) (F) .Administer medication according to the physician's instructions. Record medication administration as required in 45.60.270 (§95.270 ofthis title (relaling to Records)). (Person responsible: service agents.) Source: The provisions of this §95.251 adopted to be effective October 11, 1983. 8 Te,\Rcg 3861. Cross References: This section cilcd in 37 T.AC §91.821 (relaling to Overview of Standards); and 37 T.\C §95.231 (relating to Incident Reponing).

~~§95.261. Service Agents' Training. (a) Policy. The Texas Youth Commission requires each employee of an agency home lo participate in 15 hours of training annually. (b) Procedure.~~

~~Revision No.l 404 Copyright G 1986 State of Texas and Han information systems. Inc. Ch. 95 RESIDENTIAL CONTRACT SERVICE 37 § 95.270.~~

(1) Attend basic child overview provided by TYC. (Person responsible: service agents and employees). (2) Read announcements of local training sessions sent by TYC. (Person responsible; service agenis and employees.) (3) Attend child care training based on need and problem areas identified in TYC's monitoring visits. (Person responsible: service agents and employees.) (4) Notify the conlract parole officer of child care training attended. (Person responsible: service agents and employees.) Soorce: The provisions ofthis §95.261 adopted to be effeciive October 11. J9S3, 8 TexReg 386). Cross References: This section cited in 37 T.AC §91.821 (relating to Overview of Siandards).

§95.270. Records. (a) Standard. The Texas Youlh Commission requires sevice agenis lo maintain records and make them available for TYC moniioring visits by area parole office staff. (b) Program requirements. (1) Keep your certificate in your file. (Person responsible: service agents.) (2) Keep these records (Person responsible: service agents.): (A) student file: (i) TYC referral packet, (ii) chronological log including (I) admission date; (II) orientation conference data; (III) significant occurrences with student; (IV) a list of each night the studenl spends away from home, the place he went and the reason he was gone; (iii) IPP review; (iv) money log-showing how studenl money was speni and saved; (v) medication log-show when student received medication on CCS-033; (vi) current medical and dental informaiion including: (I) emergency treatment; (II) doctor and dentist visits and treatment received; (III) updated medical and dental exam; (vii) progress reports from agency home and school; (viii) incident reports; (ix) hst of persons and phone number in case of emergency; (x) medical consent form; (xi) clothing receipts signed by student. (B) personnel file: (i) application; (ii) references; (iii) TB tine lest; (iv) attendance log (when on duty and absent); (v) chronological log (PF-003) including: (I) significant accomplishments; (II) . orientation to daily schedule; (III) disciphne given; (vi) annual evaluation; (vii) training record. (C) agency file; (i) copy of certification study; (ii) policies and procedures; (I) house rules; (II) behavior expectations; (III) discipline rules; (IV) daily schedule; (V) 24-hour supervision record;

~~Revision No.l 405 37 §95.270. TEXAS YOUTH COMMISSION Pt. Ill~~

(VI) medical and dental plans; (iii) TYC contract (current); (iv) TYC paid vouchers; (v) clothing expense log; (vi) medical expense log; (vii) training record for agency home. Source; The provisions of this §95.270 adopted lo be effective October 11,1983. 8 TexReg 3861. Cross References: This seciion cited in 37 TAC §91.821 (relating to Overview of Standards): and 37 TAC §95.251 (relating to Daily Care).

§95.271. Temporary Absences from the Program. (a) Standard. The Residential Contract Program (RCP) requires ils service agenis to cooperate in student furioughs, visiis, and trips. (b) Program requirements. (1) Procedure. (A) Follow procedures in CRTC Manual 49.60.231 (§91.231 ofthis title (relating to Temporary Absences from the Programs)). (Person responsible: FSP ser\'ice agents only). (B) Follow the procedures in paragraphs (2)-(5) ofthis subsection. (Person responsible: RCP service agents only.) (2) Furloughs. (A) .Assist TYC stall in arranging a prc-parole furlough for each eligible student. In addition to the criteria listed in the TYC Case Management System for Furloughs. 90.43.070 (§81.118 of this title (relaling to Furioughs)), a studeni must have been in RCP placement at least four monihs. (Person responsible; service agcnis.) (B) The furlough may not exceed seven days. (Person responsible: service agents.) (C) .Assist the contract parole officer (CPO), if asked, to contact the student's family to set the dates and transportation arrangements. (Person responsible: service agents.) (D) Send the youth home with the approved transportation, and call the CPO to confirm he left. (Person responsible: service agents.) (E) Notify the CPO ihc day the student returns. (Person responsible: service agents.) (F) Ifthe furlough was unsuccessful, keep the studenl in placement a minimum of 30 more days. Repeat pre parole furloughs until the student has a successful one. (Person responsible: ser\'ice agents.) (G) If Ihe siudeni does not return from furlough as scheduled notify the CPO immediately. (Person responsible: scrv-ice agents.) (3) Administrative and emergency furlough. (.A) Contact the CPO if you have reason to believe a death or other crisis in a student's family or a medical problem of the student suggests an emergency or administrative furiough may be warranted. (Person responsible: RCP service agents.) (B) The furiough may not exceed seven days, but may be exiended. (Person responsible: RCP service agents.) (C) .Assist the CPO if asked, to contact the student's family to set the dates and transportation arrangements. (Person responsible: RCP service agenis.) (D) Send the youlh home with the approved transportation and call the CPO to confirm he left. (Person responsible: service agents.) (E) Notify the CPO the day the studeni returns. (Person responsible: service agenis.) (F) If the studeni does not return from furlough as scheduled notify^ ihe CPO immediately. (Person responsible: service agents.) (4) Home visiis. (A) -A studenl is eligible for a home visit if (Person responsible: service agenis.): (i) • the studenl has an approved home; and (ii) has been in this placement at least 30 days; and (iii) he has met his IPP goals. (B) A home visit may last no longer than six nights away from the placement. (Person responsible: service agents.) (C) Assist the CPO, if asked, to contact the student's family to set the dales and transportation arrangemenis. (Person responsible: service agents) (D) Send the youth home with the approved transportaiion and call the CPO to confirm he left. (Person responsible: service agenis.)

(E) Notify the CPO the day the studenl returns. (Person responsible: service agents.) (F) If the student does not return from home visit as scheduled notify the CPO immediately. (Person responsible: service agents.) (5) Trips. (A) Plan trips away from the placement if you would like to do so as part of the student's treatment plan. (Person responsible; service agents.) (B) Contact the CPO about (Person responbile: service agents); (i) the purpose of the trip; (ii) which students are going; (iii) where they will go; (iv) dates leaving and reluming; (v) how many staff will go (musl be at least 1;8 ration). (C) Ifthe CPO approves the trip, notify the students' families ofthe trip. (Person responsible: service agents.) (D) Notify the CPO when the trip returns and report how the students did and any incidents that occurred. (Person responsible: service agenis.) Source: The provisions ofthis §95.271 adopted to be effective October 11, 1983, 8 TexReg 3861. Cross References: This section cited in 37 TAC §91.821 (relaling to Over^-iew of Siandards).

§95.281. Release. (a) Standard. The Residentail Contract Program allows service agents to release a studeni from the program when the student has met treatment and parole release criteria or when the placement proves unsuccessful. (b) Program requirements. (1) Coordinate successful releases with the community resource specialists (CRS) and contract parole office (CPO) according to procedures in 45.60.490. (Person responsible: service agents.) (.A) When the CPO has determined a student should be released, prepare a parole release packet. Include: (i) release summary of adjustment; (ii) updated medical and dental exams; (iii) educational updates; (iv) release clolhing inventory; and (v) other pertinent data. (B) Provide any clothing the student needs lo meet the minimum clothing list before he leaves placement. (2) Call the CPO to arrange documentation of unsuccessful release. (Person responsible: service agents.): (A) Staff for release a child who escapes, disrupts program, commits a law violation or refuses lo abide by program rules. (Person responsible: agency staft. (B) Provide TYC with information necessary for final release/behavior summary, 10-day letter, and release packet. (Person responsible: agency staff.) Source: The provisions ofthis §95.281 adopied to be effective October 11, 1983, 8 TexReg 3861. Cross References: This seciion cited in 37 TAC §91.821 (relating to Overview of Standards).

~~Revision No.l 407 37 §95.281. TEXAS YOUTH COMMISSION Pt. Ill~~

~~Revision No. 1 408 Copynght e 19S6 State of Texas and Han information Systems. Inc. CHAPTER 97. PAROLE SERVICES.~~

~~Section No. Section Name~~

PHILOSOPHY AND PURPOSE 97.1. Philosophy. 97.2. Ihrough 97.3. [RESERVED] PROCEDURE FOR RELEASE TO FIELD PLACEMENT 97.11. Home Evaluation. 97.12. Prerelease Evaluation. 97.13. Seeking Alternate Placement. 97.14. Individual I*rogram Plan. . 97.15. Parole Agreement/Release Plan. 97.16. Parole Release of Mexican .Aliens.

~~PLACEMENT CRITERIA 97.21. Individual Needs.. 97.22. Professional Recommendations. 97.23. General Criteria for Placement in Home. 97.24. Criteria for Placement in Alternate Care.~~

COMMUNITY RESIDENTIAL FACILITY PLACEMENTS 97.31. Evaluating and Securing Community Residential Placement. 97.32. Supervision of Community Residential Facility Youths. 97.33. Termination of Community Residential Placements.

PURCHASE OF NONRESIDENTIAL SERVICES 97.41. Essential Services or Material. 97.42. Usual and Customary Services Available without Charge. 97.43. Medical Responsibility. 97.44. Procedure and Fee Allowance. 97.45. Professional Qualifications. 97.46. Licensing Compliance. 97.47. • Civil Rights.

~~TRANSFERS BETWEEN FIELD PLACEMENTS 97.61. Initiation of Transfer. 97.62. through 97.63. [RESERVED] 97.64. Investigation of Request. 97.65. Verification. 97.66. Emergencies or Moves Without Permission.~~

FIELD SERVICES TO DEPENDENT AND NEGLECTED CHILDREN 97.81. [RESERVED] 97.82. Parole Supervision of D&N Children. 97.83. Texas Youlh Council Parole Services to Dependent and Neglected Youth. DISCHARGE 97.91. Auihority. 97.92. Age; Satisfactory Adjustment. 97.93. Special Conditions. . 97.94. Adult Criminal Charges. 97.95. Transfer to Mental Health and Mental Retardation Facility. 97.96. Absconders. 97.97. Death. 97.98. Requests for Discharge.

~~FIELD PLACEMENT REVOCATION PROCEDURE 97.111. Right to Evaluation. 97.112. Violations of Conditions of Placement. 97.113. Criteria for Evaluation.~~

~~409 I~~

~~I TEXAS YOUTH COMMISSION Pt. Ill~~

97.114. Request for Evaluation. 97.115. Notice of Rights. 97.116. Hearing. 97.117. Appointment of Hearing Examiner. 97.118. Assistance of Counsel; Access to Records. 97.119. Time and Place of Hearing. 97.120. Detention of Child Pending Hearing. 97.121. Rules of Evidence. 97.122. Proceedings Prior to Hearing. 97.123. Format of Hearing. 97.124. Decision of Hearing Examiner Regarding Disposition. 97.125. Hearing Examiners Report. 97.126. Appeal to the Executive Director.

~~410 CopirightC 1985 State of Texas and Han Inlormatinn Systems. Inc. Ch. 97 PAROLE SERVICES. 37 § 97.15.~~

~~PHILOSOPHY AND PURPOSE~~

§97.1. Philosophy. The Texas Youth Council shall provide quality care and effective individualized parole planning for children under its jurisdiction to facilitate their reentry into the community. The parole staff is responsible for the following: (1) serving as advocate for each child; (2) protecting his interests through supervision, guidance, and support; and (3) providing resource brokerage for the child and his family from the time of his discharge, and public protection, care, supervision, and treatment as described in the case management system and child care program requirements.

~~Authority: The provisionsof ihis §97.1 issued under Acts 1979, 66lh Leg., ch. 842, effeciive Septeniber 10. 1979 (Texas Human Resources Code §61.001 et seq.).~~

~~Source: The provisionsof this §97.1 adopied to be effective Januarv 1. 1976; amended to be efTeciive June 24, 1980, 5 TexReg 2273.~~

~~§97.2. through 97.3. [RESERVED]~~

~~PROCEDURE FOR RELEASE TO FIELD PLACEMENT~~

~~Authorit.v: The provisions ofthese §§97.11-97.15 issued under Acts 1979. 66lh Leg., ch. 842, effective September 10. 1979 (Texas Human Resources Code §61.001 ei seq.). unless otherwise noted.~~

§97.11. Home Evaluation. When a siudeni is commitied lo TYC, the parole staff shall evaluate his home situation to determine the potential for successful reintegration into the home community upon release; and shall begin a program to strengthen the potential for return to the natural home. The frequency and intensity of further contact with the family shall be determined by the individual needs ofthe family and the student.

~~Source: The provisions of this §97.11 adopied to beeffective January 1. 1976; amended to be cfTective June 24, l980,5TexReg 2273.~~

§97.12. Prerelease Evaluation. When the TYC program notifies the parole officer that the student is ready for parole lo a communily placement, the parole officer shall evaluate the home and family to determine whether the home is suitable for placement, based on evaluation criteria.

~~Source: The provisions of this §97.12 adopted to tte effective Januarv I. 1976; amended to be effective June 24. 1980. 5 TexReg 2273.~~

~~§97.13. Seeking Alternate Placement. If placement in the home is not possible, an allcmale community placement that will meet the treatment and supervisory needs of the youth shall be located.~~

~~Source: The provisions of ihis §97.13 adopied to be effeaive Januarj- I, 1976; amended to be effective June 24. 1980.5TexReg 2273.~~

§97.14. Individual Program Plan. A program plan designed to meet individual needs shall be developed for each student released to field placement, based on information from the student, the family, institutional staff, and Texas Youth Council parole staff

~~1 Source: The provisionsof this §97.14 adopied to be effective Januar>^ I. 1976; amended to be effective June 24. 1980.5TexRcg 2273.~~

~~§97115. Parole Agreement/Release Plan. Prio. Ir to release, the siudeni and his parent or guardian must sign a parole agreement/release plan. That plan will contain the following:~~

~~411 37 §97.15. TEXAS YOUTH COMMISSION Pt. Ill~~

I know ihat I am being released on condition that I aa as a responsible citizen and follow the rules below. I also know ihat if I violate these rules, my placement may be modified and I may be relumed to an institution or I may be detained temporarily up to 30 days. (1) I agree to foUow all instructions of my parole officer and will noi change my residence or leave the county of placement for more than 24 hours, or leave the State ofTexas without my parole officer's permission. (2) I agree to obe> all rules established by my parents and report lo my parole officer anything that they may request of me which I feel is unfair or not in my best interest. (3) I agree to make use of my time by being involved in an education, employmeni or training program as directed by my parole officer. (4) 1 agree to submit lo medical or psychiatric examinations or treatment as the Texas Youlh Council directs. (5) I agree lo abide by the laws ofthe state and locale in which I reside and not violate the rights of any other individual. (6) 1 agree not to own, use, possess, or sell any illegal narcotic, dangerous or h>T)notic drug, dangerous inhalant, or any paraphanalia used in administering such drugs; and further agree to participate in a drug-treaiment program as deemed necessar\' by my parole officer. (7) I agree not to own, possess, use, sell or have in my control any deadly weapon or firearm. (8) I agree to abstain fi'om the use of alcoholic beverages. (9) SPECIAL CONDITIONS:

~~Source: The provisions of this §97.15 adopted lobe effective Januarv 1, 1976; amended lobe effective June 24, 1980, 5 TexReg 2273.~~

§97.16. Parole Release of Mexican Aliens. (a) The Texas Youth Council works with the Mexican consulate and the U.S. Immigration and Naturalization Service for parole release of Mexican aliens committed to the Texas Youth Council. (b) Texas Youth Council staff use the following procedure to parole aliens to their homes in Mexico. (1) Upon admission, the statewide reception center: (A) investigates to verify alien status; (B) completes TYC's alien admission card documenting age and citizenship; (C) has the studeni fill out the questionnaire provided the Mexican consulate; (D) sends the student's family the TYC letter notifying them of admission (in both English and Spanish); (E) files the forms and letters in the student's master file. (2) Upon placement in a TYC program, the staff: (A) sends the family notification of placement (in both English and Spanish); (B) ensures that the consulate's questionnaire and the alien admission card are complete. (3) Thirty days before parole, the staff: (.A) notifies the appropriate Mexican consulate of the expected release date so they can make arrangements for returning the siudeni home; (B) sends notification of parole release to appropriate authorities (TYC form CCIS 081); (C) completes the parole release packet; (D) notifies the student's parole officer of release arrangements. (4) Fifteen days before, parole staff; (A) send the family notification of parole release (in both English and Spanish); (B) send written noiice to the Immigration and Naturalization Service ofthe parole date. (5) Ten days before parole, and two days before, parole staff confirms: release date, time, and place with the consulate and the parole officer. (6) On ihe dale of parole, staff of the releasing program: (A) transports the student to the designated Mexican consulate where they are met by the parole officer, (B) obtains a receipt for the student signed by the Mexican consul general or his designee. Source; The provisions of this §97.16 adopted to be effective October 4. 1982. 7TcxReg3421.

~~PL.4CEMENT CRITERIA Authority: The provisions ofthese §§97.2-97.24 issued under Acts 1979. 66th Leg. Ch. 842. to be effective Sepieml)er 10, 1979 (Texas Human Resources Codes §61.001 ci.scq.).~~

~~41 2 Copvnghi e IVS5 State of Te.xas and Han Infonnation Svstems. Inc. Ch. 97 PAROLE SERVICES. 37 § 97.31.~~

§97.21. Individual Needs. Parole placement is made based on individual treatment needs ofthe student as determined by professional diagnosis.. Sonrce: The provisionsof this §97.21 adopted to be efTective January 1, 1976; amended to be effeciive June 24, 1980,5TcxRe8 2273.

§97.22. Professional Recommendations. Parole placement shall comply with the youth's individual program plan written by TYC professional staff. Source: The provisions ofthis §97.22 adopied to be effective January 1, 1976; amended to be effeciive June 24, 1980, 5 TcxRcg 2273.

§97.23. General Criteria for Placement in Home. (a) Parents must have legal custody ofthe youth. (b) Parents must want and agree to accept the youth. (c) Parents must agree to provide supervision. (d) The youth must desire to be placed with his family and agree to accept parental supervision. (e) Parents musl have a clear understanding of the youth's needs and agree to meet these needs to the best of their abiUty. (f) The parent or parents and youth must be involved in the establishment of a program plan, commit their support to the program, and indicate a willingness to support necessary program changes that may arise. Source: The provisiofis of this §97.23 adopied lo be effective Januarv 1, 1976; amended to t)e effective June 24, 1980,5TcxReg 2273.

§97.24. Criteria for Placement in Alternate Care. It may be necessary to seek an alternate placement: (1) if further treatment needs cannot be immediately and adequately provided in the youth's home; (2) if parents or guardian do not for any reason want their child returned to the home; (3) ifthe youth does not wish to be placed with parents or guardian; (4) if parents of youth will not agree to support the program plan recommended by professional staff to meet the youth's needs in his or her own home; or (5) if child and/or parent will not agree to the conditions of placement ndes. Source: The provisions ofthis §97.24 adopted to be effective January 1. 1976: amended to be effective June 24, 1980, 5 TexReg 2273.

COMMUNITY RESIDENTIAL FACILITY PLACEMENTS Authorit)': The provisions of these §§97.31-97.33 issued under Acts 1979, 66lh Leg., ch. 842, effective September 10, 1979 (Texas Human Resources Code §6I.CXH ei seq.), unless otherwise noted.

§97.31. Evaluating and Securing Community Residential Placement. (a) Prior to placement of a youth in any community residential facility, an evaluation ofthe program services, personnel, and physical planl shall be made in accordance with TYC standards for service delivery and the specific treatment needs of the youth being placed in that facility. An individualized program plan and all appropriate referral information shall be submitied to the service agency and TYC parole officer or communily resource speciahst serving the area where the agency is located. (b) The accepting parole officer/community resource specialist shall meet with the service agency's placement committee lo evaluate the child's suitability for acceptance in their program. (c) If the student is already on parole, parole officer shall interview the parents and the child, to explain the program completely and involve them in planning for the student. (d) Ifthe studenl is not currently on parole, his institutional caseworker shall complete the individualized program plan and the appropriate referral information. The receiving parole officer or the caseworker or both shall interview the student and explain the program and the purpose for the alternate placement. The parole officer with the original responsibility for placement shall interview the parents explaining the purpose of the alternate placement and program. (e) Effective dates and arrangements shall be finahzed and included in the placement plan.

~~413 37 §97.31. TEXAS YOUTH COMMISSION Pt. Ill~~

(0 Visiting privileges ofthe natural parents or guardian shall be confirmed with all parties primarily concerned ifsuch visits are appropriate. Source: The provisionsof this §97.31 adopied lo be effective Januar>- 1, 1976; amended to beeffective June 24, 1980,5TcsReg 2273.

§97.32. Supervision of Community Residential Facility Youths. The responsibility for supervision of any youth placed in a non-TYC residential facility rests with the parole staff assigned to the area where the facility is located. During the period of placement, services to the natural parents or guardian shall be continued by the parole officer for the area where they reside. Source: The provisionsof this §97.32 adopted lo be effective Januar>^ 1, 1976; amended to beeffective June 24, 1980, 5 TexReg 2273.

§97.33. Termination of Commonit>^ Residential Placements. All placements shall be regularly evaluated to determine the student's progress and to ensure that continued placement is appropriate. Placement shall not be continued beyond the point that treatment is necessary or the home situation slabihzed or both. Source: The provisionsof this §97.33 adopied to be effective Januarv 1. 1976; amended lo beeffective June 24, 1980, 5 TexReg 2273.

~~PURCHASE OF NONRESIDENTIAL SERVICES~~

§97.41. Essential Services or Material. Texas Youth Council funds for purchase of nonresidential services are to be utihzed only when services or materials which are essential for the youth's successful field placement cannot be secured otherwise. Source: The provisions of ihis §97.41 adopted to tte effective January 1. 1976.

§97.42. Usual and Customary Services Available without Charge. The Texas Youth Council shall not purchase services which are usual and customary services of municipal, county, state, or federal agencies or private programs for which these youths are eligible without charge. Source: The provisions ofthis §97.42 adopied to be effective January I. 1976.

§97.43. Medical Responsibility. The Texas Youlh Council will be financially responsible in medical situations when services cannot be secured otherwise. Responsibility for long-term ireatment shall be assessed on an individual basis. Authorit): The provisionsof this §97.43 issued under Acls 1979.66th Leg., ch. 842, effective Sepiember 10, 1979 (Texas Human Resources Code §61.001 ei .seq.}. Source: The provisions of lhis§97.43 adopied to beeffective Januar%' 1. 1976; amended lo be effective June 24, 1980,5TexReg 2273.

§97.44. Procedure and Fee Allowance. In-house procedures and maximum fee allowances for particular purchases may be obtained from the Community Services Division. Services outlined include the following: (1) emergency services; (2) personal; (3) education and training; (4) medical; (5) psychological and social work services; and (6) psychiatric examination. Source: The provisions ofthis §97.44 adopted to be effective January I. 1976.

~~§97.45. Professional Qualifications. (a) Professional personnel providing these services shall be licensed, certified, or registered as required by state law.~~

~~414 CopyrightC 191(5 .State of Te.xas and Han Infonnaiion .Syuems. Inc Ch. 97 PAROLE SERVICES. 37 § 97.66.~~

~~(b) Private business, technical, and vocational schools shall be certified by the Texas Education Agency. Source: The provisions ofthis §97.45 adopted to be effeaive January 1, 1976.~~

§97.46v Licensing Compliance. Service agencies shall comply with all stale licensing laws which apply lo them including local ordinances and building codes regarding fire, safety, and h^th requirements. ' Source: The provisions of ihis §97.46 adopted to be effeciive January 1, 1976.

~~§97.47, CiyU Rights. Each agency shall provide services in compliance with Title VI ofthe Civil Rights Act of 1964. Source: The provisions ofthis §97.47 adopted to be effeciive January 1. 1976.~~

~~TRANSFERS BETWEEN FIELD PLACEMENTS~~

§97.61, Initiation of Transfer. Transfers may be initiated by; (1) the youth's request for an alternate placement; or (2) the field service counselor's determination that an alternate placement is in the best interest of successfiil community reintegration. Source: The provisions ofthis §97.61 adopted to be effective January 1, 1976.

~~§97.62, through 97.63. [RESERVED]~~

§97.64. Investigation of Request. A field service counselor in the area for which transfer is being sought is responsible for investigating the proposed placement and program plan, and indicating the suitability. Source: The provisionsof Ihis §97.64 adopted to beeffective January 1. 1976.

§97.65. Verification. Except in an emergency situation, permission to move shall not be granted until the receiving area has fiimishedverificatio n and evaluation ofthe proposed placement and plan. Source: The provisions ofthis §97.65 adopted to be effective January 1, 1976.'

§97.66. Emergencies or Moves Without Permission. In an emergency situation, or if a youth has moved without permission, the supervisor ofthe area to which the youth has moved shall be immediately advised ofthe child's presence in his area, and: (1) notified of the circumstances whereby the child moved with or without permission; and (2) requested to verify and evaluate the transfer. Source: The provisions of this §97.66 adopted to be effective January 1. 1976.

FIELD SERVICES TO DEPENDENT AND NEGLECTED CHILDREN Authority: The provisions ofthese §§97,81-97.83 issued under Acts 1979. 66lh Leg., ch. 842. effective September 10, 1979 (Texas Human Resources Code §61.001 el seq.). unless otherwise noted.

~~415 37 §97.81. TEXAS YOUTH COMMISSION Pt. Ill~~

~~§97.81. [RESERVED]~~

§97.82. Parole Supervision of D&N Children. Texas Youth Council parole staff shall provide a placement study and placement supervision for D&N children if requested to do so. TYC parole will coordinate supervision and placement with referring agency. Source: The provisions of this §97.82 adopted to beeffective January 1. 1976; amended to beeffective June 24, 1980» 5 TexReg 2273.

§97.83. Texas Youth Council Parole Services to Dependent and Neglected Youth. Ser\'ices to dependent and neglected youlh supervised by Texas Youth Council parole staff may include: (1) referral to resources; (2) evaluation and progress reports regarding placements; (3) facilitation of community support; and (4) liaison between child and Texas Youth Council children's home staff Source: The provisions of this §97.83 adopted to be effective Januarv 1. 1976; amended to be effeciive June 24, 1980.5TexReg 2273.

DISCHARGE Authority; The provisions ofthese §§97.91-97.98 issued under Acts 1979. 66th Leg., ch. 842, effecUve September 10, 1979 (Texas Human Resources Code §61.001 ei seq.). unless otherwise noted.

§97.91. Authority. The Texas Youth Council shall discharge a siudeni when it is satisfied that such discharge shall best serve his welfare and the protection of Ihe public. Source: The provisions of this §97.91 adopted to be effective Januarv 1. 1976; amended to be effective June 24, 1980, 5 TexReg 2273.

§97.92. Age; Satisfactory Adjustment. Discharge from parole may be considered when a youth reaches the age of 17 years and has been under supervision for at least one year with a satisfactory adjustment. Source: The provisions of this §97.92 adopied to beeffective Januan' 1. 1976; amended to be effective June 24, 1980,5TexReg 2273.

§97.93. Special Conditions. A youth may be discharged prior to his 18th birthday under the following conditions: (1) enlistment in the militarv'; (2) transfer lo another state; or (3) recommitment. Source: The provisions of this §97.93 adopted to be effeciive Januarv 1. 1976; amended to be effective June 24, 1980. 5 TexReg 2273.

§97.94. Adult Criminal Charges. A student may be discharged when he is placed on adult probation or sentenced to the Texas Department of Corrections. Source: The provisions of this §97.94 adopted to beeffective Januarv 1. 1976; amended to be effective June 24, 1980, 5 TexReg 2273.

§97.95. Transfer to Mental Health and Mental Retardation Facility. A student who has been committed lo the state school for the mentally retarded on an indefinite commitment may be discharged. A student who has been transferred for observation, temporary evaluation, or care shall not be discharged. Source: The provisions of this §97.95 adopied to beeffective January 1. 1976; amended to be effective June 24, 1980. 5 TexReg 2273.

~~416 Copyright C / W Slate of Te.xos and Han Information Systems. Inc. Ch. 97 PAROLE SERVICES. 37 § 97.113.~~

§97.96. Absconders. Youth who are absconders from parole and under the age of 18 shall not be discharged. The file shall remain active until the youth reaches age 18. Sotu-ce: The provisions of this §97.96 adopted to be effective January 1. 1976; amended to be effective June 24, 1980, 3 TexReg 2273.

§97.97. Death. When a parole officer receives information that a student has died fi'om natural causes he shall Immediately verify the information and advise Central Office on the appropriate form. When death is by other than natural causes, a thorough investigation shall be made and a special uicident report sent lo the Central Office immediately. Source: The provisions ofthis §97.97 adopied to be effective January I, 1976; amended to be effective June 24, 1980, S TexReg 2273.

§97.98. Requests for Discharge. The parole officer shall submit all requests for discharges to the parole supervisor for approval prior to submission to Central Office for final approval. Source: The provisions ofthis §97.98 adopted to be effective January 1. 1976; amended to be effective June 24, 1980, 5 TexReg 2273.

~~FIELD PLACEMENT REVOCATION PROCEDURE~~

§97.111. Right to Evaluation. No child shall be placed in an institution unless such decision is based on an evaluation of that child's performance conducted in accordance with the provisions ofthis administrative procedure. Source: The provisions ofthis §97.111 adopted to be effective January 1, 1976. Cross References: This section cited in 37 TAC §81.116 (relating to Reclassification); 37 TAC §81.120 (relating to Parole Revocation); and 37 TAC §85.1 (relating to Object and Scope).

§97.112. Violations of Conditions of Placement. An evaluation of a child*s performance conducted for the purpose of determining whether a child should be placed in an institution shall be conducted only after a finding has been made in accordance with this administmtive procedure that the child violated one or more of his conditions of placement. An alleged violation shall not be considered in the evaluation unless such a finding has been made that the violation occurred.

Source; The provisions of this §97.112 adopted to be effective January 1, 1976. Cross References: This section cited in 37 TAC §81.116 (relating to Reclassification); 37 TAC §81.120 (relating to Parole Revocation); and 37 TAC §85.1 (relaling to Object and Scope).

§97.113. Criteria for Evaluation. The decision to place a child in an institution rests in the discretion of a hearing examiner authorized by the executive director ofthe Texas Youth Council to make such decisions. In the exercise of his discretion, the hearing exaiiiiner shall consider some or all ofthe following factors and such others as he may deem appropriate: (1) Degree of seriousness of violations. Offenses against persons or property should be given greater-weight than violations indicating resistance to rehabilitation or educational programs or supervision. Greater weight should be given to offenses against persons, especially if personal injury resulted, than to offenses against property. Offenses committed in an aggressive, violent, premeditated, or willful manner are more serious than those resulting from the child's carelessness. Mitigating circumstances including the child's motivation, the extent of the child's involvement in an offense when others were involved, the extent to which the child may have been coerced into committing the violation, or some reasonable excuse for the violation should be considered. (2) frequency of violations. Repetitive violations occurring within relatively short periods of time may take on greater significance than would each violation considered singly. (3) Patterns of behavior. A violation occurring soon after a child's field placement may be more significant than the same violation occurring after the child has demonstrated favorable progress over a period oftime. Violations indicating pallcms of behavior which are similar to the pattern which led to the offense for which ihe child was initially commitied to the Texas Youth Council should be carefully considered.

~~417 37 §97.113. TEXAS YOUTH COMMISSION Pt. Ill~~

(4) Personal and social history. Less serious violations may be considered in the context of the child's personal and social history including, for example: family history; intelligence and education; possible learning disabilities; employment experience; physical and emotional health; prior institutional or other training program experience; interpersonal relationships; and changes in attitude toward self and others or in personal goals. Source: The provisions of this §97.113 adopied to be effective January 1. 1976. Cross References: This section cited in 37 T.AC §81.116 (relating to Reclassification); 37 TAC §81.120 (relaling to Parole Revocation); 37 T.AC §85.1 (relating lo Object and Scope); and 37 TAC §97.) 14 (relating to Request for Evaluation).

§97.114. Request for Evaluation. (a) A field service counselor shall request an evaluation of a child's performance as promptly as practicable following that field counselor's receipt of information which indicates to him that the child may have violated a condition of placement and that judicial proceedings with regard to that alleged violation are not then pending. However, if after careful consideration of the criteria for evaluation (see §97.113 of this title (relaling to Criteria for Evaluation)) the field counselor determines that an evaluation is not necessary at that lime, the field counselor need not request an evaluation, but shall inform the child in writing ofthe reasons for not doing so. In the event the field counselor makes such a determination, the alleged violation of conditions of placement may yet be considered in possible future evaluations. (b) The request for evaluation shall include notice lo the child of alleged violations of his conditions of placement. The notice shall include the conditions alleged to have been violated, the time and place of the alleged violation, and a concise sialement of what the child is alleged to have done. Each allegation shall be clearly slated so that the child can reasonably be expected to be fully apprised ofthe nature and extent ofthe allegations against him. It is not required that allegations be stated in statutory language. (c) Alleged violations of conditions of placement which become known or which are committed after a field counselor's submission of a request for evaluation may be added to the original request at any lime before final action on il by the hearing examiner. With the hearing examiner's permission, alleged violations of conditions of placement may be amended to reflect evidence which becomes known to the field counselor after his submission ofthe request. (d) At any time prior to final action on the request for evaluation by the hearing examiner, the child's field service counselor may withdraw his request for evaluation. (e) The child shall receive a copy ofthe request and the child's parents or guardian shall be delivered a copy ofthe request at their last known address. Source: Thi.- provisions ofthis §9''. 114 adopted to be effective January 1, 1976. Cross References::: This section cited m 37 T.AC §81.116 (relaling to Reclassification); 37 TAC §81.120 (relating to Parole Revocation): and 37 TAC §85.1 (relating to Object and Scope).

§97.115. Notice of Rights. Each copy of the request for evaluation shall be accompanied by a written statement ofthe child's rights, clearly stated so that the child can reasonably be expected to be fully apprised of them. This noiice of rights shall be read to the child prior to any questioning of him concerning his alleged violations of conditions of placement. Source; The provisions of this §97.115 adopted to be effective January 1. 1976. Cross References: This section cited in 37 TAC §81.116 {relating to Rcclassificaiion): 37 TAC §81.120 (relating lo Parole Revocation): and 37 TAC §85.1 (relating to Object and Scope).

§97.116. Hearing. A hearing shall be held as promptly as practicable following a request for evaluation. The hearing shall be held for ihe purpose of determining whether the child violated his conditions of placement and. if it Is determined that the child violated one or, more of the conditions, of evaluating the child's performance to determine whether the child should be placed In an institution. The hearing shall be tape recorded. Source: The provisions ofthis §97.116 adopted to be effective Januarv- 1. 1976. Cross References: This section cited in 37 TAC §81.116 (relating lo Reclassification); 37 TAC §81.120 (relating to Parole Revocation); and 37 T.AC §85.1 {relating to Object and Scope).

§97.117. Appointment of Hearing Examiner. Hearing examiners of the Texas Youlh Council are authorized lo conduct hearings as provided in this administrative procedure. The hearing examiner appointed to conduct a hearing shall not be one previously involved in that case. Source: The provisions ofthis §97.117 adopted lo be effective January 1. 1976. Cross References: This section cited in 3'' TAC §81.116 (relating to Reclassification); 37 TAC §81.120 (relating to Parole Revocation); and 37 TAC §85.1 (relating lo Ohjcci iind Scope).

~~4 18 (.'ipvn^ht C l9Ki Slate ol Tcxa'i and Hart Intlinnatiiin .S'nvrnti. Inc. Ch, 97 PAROLE SERVICES. 37 § 97.121.~~

§97.118. Assistance of Counsel; Access to Records. (a) Each child shall be assisted in the hearing by a retained attorney of his choice or, if indigent, by an attorney provided Ihrough the office of the Counsel for Indigent Parolees Program al the State Bar Headquarters in Austin. (b) The child's attorney shall be provided a copy of the request for evaluation and shall have access to any other infonnation possessed by the Texas Youth Council pertaining to the child. The custodian ofthe child's casefolder shall allow the child's attorney access to all written information contained in the folder at such times and location as the custodian determines reasonable. Copies may be made of written information contained in the folder by ihe child's attorney at his expense. The attorney shall not reveal items lo the child or his parent or guardian if such disclosure would materially harm the rehabilitation of the child or would substantially decrease the likeUhood of receiving information fiom the same or similar sources in the future.

~~Source: The provisions of this§97,l 18 adopted ID be effective January' 1, 1976.~~

~~Cross References: This section cited in 37 TAC §81.116 (relaling to Reclassification); 37 TAC §81.120 (relating to Parole Revocation); and 37 TAC §85.1 (relating to Object and Scope).~~

§97.119. Tinve and Place of Hearing. The time and place ofthe hearing shall be determined by the hearing examiner. The hearing shall be held in Texas in the community where the child resides or where one or more ofthe alleged violations occurred. Notice ofthe time and place ofthe hearing shall be given to the child, the child's attorney, and the child's field service counselor at least three days (excluding weekends and holidays) prior lo the scheduled hearing. A reasonable attempt shall be made to notify the child's parents or guardian of the lime and placeofihehearingat least three days prior to the hearing. The hearing examiner shall postpone the hearing at the request ofthe child or the child's attorney for a period not exceeding 10 days fi'om the date ofthe initial norice and may for good cause postpone the hearing at the request of any persons receiving such notice for an additional reasonable period oftime.

~~Source: • The provisions of this §97,119 adopied to be effective January 1, 1976.~~

~~Cross References: This seciion cited in 37 TAC §81.116 (relaling to Reclassification): 37 T.AC §81.120 (relating to Parole Revocation); and 37 T.AC §85.1 (relaling to Object and Scope).~~

§97.120. Detention of Child Pending Hearing. No child shall be detained pending the hearing unless the field service counselor reasonably believes that the child will abscond or that suitable supervision, care, or protection for the child is not then available.in the child's field placement. In no event, however, shall a child be detained for a period longer than 15 days without the express approval of the executive director of the Texas Youlh Council.

~~Source: The provisionsof this §97.120 adopted to be effective Januar>' 1. 1976.~~

~~• Cross References: This section cited in 37 TAC §81.116 {relating to Reclassification); 37 TAC §81.120 (relating to Parole Revocation); and 37 T.AC §85.1 (relaling to Object and Scope).~~

§97.121. Rules of Evidence. (a) The hearing examiner shall determine the admissibility of evidence. In regard to contested allegations of conditions of placement, irrelevant, immaterial, or unduly repetilious evidence shall be excluded. The rules of evidence as applied in nonjury civil cases in the district courts ofthis slate shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if il is of a type commonly relied upon by reasonably prudent men in the conduct oftheir affairs. Rules of privilege recognized by law shall be given effect. Subject lo these requirements, if the hearing will be exjKdited and the interests ofthe child will not be prejudiced substantially, any part ofthe evidence may be received in writien form. (b) A determination that a child violated a condition of placement shall be based on a preponderance ofthe evidence. By the term "preponderance ofthe evidence"is meant the greater weight and d^ree of credible evidence admitted at the hearing. (c) Following written request of the child's attorney or field counselor or on the hearing examiner's own motion, subpoenas may be issued by an authorized representaiive ofthe Texas Youth Council at the direction ofthe hearing examiner for the attendance of a witness at the hearing or for compelling the production of books, records, papers, or objects. (I) Motions for subpoenas shall be addressed to the hearing examiner and shall state the name and address ofthe witness or specify the books, records, papers, or other objects desired and the material and relevant feels to be proved by them. Ifthe matter or testimony sought is relevant, material, and necessary and will not resuU in harassment or undue inconvenience or expense, the hearing examiner shall direct the issuance of a subpoena.

~~419 37 §97.121. TEXAS YOUTH COMMISSION Pt. Ill~~

(2) Subpoenas shall be issued only after a showing of good cause and deposit of sums sufficient to insure payment of expenses incident lo the subpoenas. Payment of witness fees shall be in the manner prescribed in the Administrative Procedure and Texas Register Act (Texas Civil Sialutes article 6252-13a, §14). (d) Following written request of the child's attorney or field counselor or on the hearing examiner's own motion, a commission may be Issued by an authorized representative ofthe Texas Youth Council at the direction ofthe hearing examiner to the several officers authorized by statute to take depositions, to require that the deposition of a witness be taken. The commission shall authorize the issuance of any subpoenas necessary' to require that the witness appear and produce, at the time the deposition is taken, books, records, papers, or other objects as may be necessary and proper for the purposes of the proceeding. (1) Motions for the issuance of such a commission shall be addressed to the hearing examiner and shall state the name and address ofthe witness whose deposition is sought and the material and relevant facts to be proved by the witness. If ihe matter or testimony sought is relevant, material, and necessary and will not result In havassmenl or undue inconvenience or expense, the hearing examiner shall direct the issuance of a commission. (2) Commissions shall be Issued only after a showing of good cause and deposit of sums sufficient to insure payment of expenses incident to the deposition. Depositions shall be taken and payment of fees shall be made in the manner prescribed in the .Administrative Procedure and Texas Register Act (Texas Civil Statutes article 6252-l3a. §14). (e) A child's statement made outside the hearing shall not be admiited as evidence to support an alleged violation by that child unless it is in writing and signed by the child and is accompanied by evidence indicating that the child made the statement voluntarily after being advised of its consequences and after the child was advised: (1) of his right to remain silent; (2) of his right to have an attorney present to advise him prior to giving the statement: and (3) ofthe possibility of having an attorney provided for him prior to giving the statement if he is indigent. (0 However, evidence may be admitted of oral statements made by the child relaling to facts which are found to be irue_ and which tend to esiablish that the child committed a violation of his conditions of placement; for example, the finding of a weapon or siolen property as a result ofthe child's statement indicating its location. (g) .'Vn alleged violation not contested by a child is tantamount to a plea of guilty by that child to that allegation and thus is an admission by the child of all incriminating facts and of all elements ofthe violation set out in that allegation. Source: The provisions of ihis S97.12I adopted to be effective Januarv 1. 1976. Cross References: This section cilcd i» 37 TAC &8I.1I6 (relating to Reclassification): 37 T.AC §81.120 (relaling to Parole Revocation); 37 T.AC §S5.1 (relating to Objccl and Scope); and 37 TAC §97.123 (relaling lo Formal of Hearing).

§97.122. Proceedings Prior to Hearing. (a) Before the hearing, the hearing examiner may review all reports, affidavits, or other written statements pertaining to alleged violations of conditions of placement. However, no item of such documeniar>' evidence shall be reviewed by the hearing examiner uniil the child's attorney and field counselor have been given a reasonable opportunity to study il and to prepare and submit lo the hearing examiner written objections to its use as evidence. The hearing examiner may meet privately with the child's attorney and field counselor before the hearing to discuss such objections made. No information relaling to a child's personal or social hisior>- including such information contained in that child's casefolder shall be viewed by the hearing examiner before a finding has been made regarding each of the alleged violations of conditions of placement. (b) Before the hearing, the field counselor shall submit to the hearing examiner and the child's attorney a list of witnesses, complied by the field counselor and the child's attorney, who are expected to appear at the hearing to testify. This list shall include the names of such witnesses, abriefsiatemeniindicatinglheretevanceof the testimony they have to offer in regard to one or more of ihe alleged violations of conditions of placement, and the order of their expected appearance. In the event a witness requests to testify outside the child's presence, the hearing examiner shall be informed of that witness' request and of his reasons for making il. Ifthe hearing examiner determines that the request is reasonable, the hearing examiner may meet privately with that witness, the child's attorney, and the child's field counselor to hear thai witness' testimony.

Source; The pruvlsiunj, ofihi!, §97.122 adopted to be ctTcciivc .lanuary I. 1976. Cross References: This section cited in 37 T.AC §81.116 (relating to Reclassification); 37 T.AC §81.120 (relaling to Parole Revocation): 37 T.AC5K5.1 {relating lo Object and Scope): and 37 TAC §97.123 (relating lo Formal of Hearing).

§97.123. Format of Hearing. (a) Adjudicative phase. (1) Evidence concerning each alleged violaiion of conditions of placement shall be fully presented before taking up subsequent allegations if there is more than one. (2) Before taking up an alleged violation, the hearing examiner shall rule on any objections made to the admissibility of items of documentar\' evidence pertaining to that allegation.

(3) TTie child's allomey shall respond to each allegation when it is presented whether it is contested or not contested (§97.12l(g) ofthis title (relating lo Rules of Evidence)). To help expedite the hearing, the child's attorney may stipulate that certain factual elements of a contested allegation are accurate and uncontested. (4) Evidence of facts or circumstances mitigating a violation shall be presented during the dispositional phase ofthe hearing. (5) Witnesses shall be called by the hearing examiner to testify in the order they were listed to appear prior lo the hearing(see§97.122(b)of this title (relating to Proceedings Prior to Hearing)). All witnesses, including the child and the child's field counselor if they choose to testify regarding any matter, shall be sworn. To eliminate the possibility that disclosure of certain testimony may influence the testimony of other witnesses or to protect the confidential nature ofthe hearing, persons other than the child's attorney and the child's field counselor may be asked to leave the hearing room while others testify. The child and the child's parents or guardian, ifthe parents or guardian are attending the hearing, shall be present to hear the testimony of all witnesses unless the hearing examiner decides thai a given witness may testify outside of their presence (see subsection (b) of this section). (6) The hearing examiner may question each witness at his discretion and shall provide the child*s attorney and the child's field counselor opportunity to question each witness in turn. However, the child shall not be questioned unless called as a witness by his attorney and only then concerning matiers relative to the specific allegations or issues addressed by the child in his testimony. The failure of the child to testify shall not create presumption against him. (7) The hearing examiner shall rule immediately on objections raised during the course of the hearing. All objections raised and rulings made in regard to them shall be included in the hearing examiner's report (§97.125 ofthis lille (relaling to Hearing Examiners Report)). (8) The hearing examiner may for good cause continue or recess the hearing for a reasonable period oftime. (9) At the conclusion ofthe presentation of evidence on each allegation, the child's attorney and field counselor may summarize the evidence presented. These summaries may be submitted to the hearing examiner in writing for attachment to his report. (b) Decision of hearing examiner regarding alleged violations. At the conclusion of the' presentation of evidence concerning all the allegations, the hearing examiner shall stale his findings regarding each allegation and shall advise that the evidence he relied upon in making the findings and the reasons for his determinations will be included in his written report. In making his findings the hearing examiner shall consider only that evidence presented at the hearing. The hearing examiner may find a violation less, but not more, serious in extent or nature than the one alleged. The hearing examiner's findings concerning the alleged violations are final subject to appeal (see §97.126 (203.42.09.016) ofthis title (relating to Appeal lo the Executive Director)). (c) Dispositional phase. (1) If the hearing examiner finds that a child violated one or more of his conditions of placement, the dispositional phase ofthe hearing shall be conducted for the purpose of evaluating that child's performance and. on the basis of that evaluation, of determining whether the child should be placed in an institution. (2) The child and his attorney and field counselor shall be present throughout the dispositional phase ofthe hearing. However, the child or his parents or guardian may be asked to leave the hearing room at times when the hearing examiner determines that disclosure of certain information to them would materially harm the rehabilitation of the child or would substantially decrease the likelihood of receiving information from the same or similar sourees ih the future. A child or his parent or guardian may be asked to leave the hearing room, too, when it appears that either may be reticent to provide information in the presence ofthe other. (3) The hearing examiner shall provide the child's attorney and field counselor a reasonable opportunity to present information for the evaluation and to question persons presenting such information. The child may elect to remain silent or to speak in turn. (4) The hearing examiner shall rule immediaiely on objections raised concerning the use of certain information in making a dispositional determination. All such objections raised and rulings made in regard to them shall be included in the hearing examiner's report. (5) Al the conclusion ofthe dispositional phase ofthe hearing, the child's attorney and field counselor may present their evaluation ofthe child^s performance and their recommendation regarding appropriate disposition. These presentations may be submitted to the hearing examiner in writing for attachment to his report.

~~Source: The provisions of this §97.123adopted to be effective Januar>' 1. 1976.~~

~~Cross References: This section cited in 37 TAC §81.116 (relating to Reclassification): 37 T.AC §81.120 (relating to Parole Revocation): and 37 TAC §85.1 (relating to Object and Scope).~~

§97.124. Decision of Hearing Examiner Regarding Disposition. (a) As promptly as practicable following the dispositional phase of the hearing, the hearing examiner shall determine either that the child be placed in an institution at that time or that the child be allowed to remain in a field placement. The decision shall be based only on the hearing examiner's evaluation of pertinent and appropriate information presented at hearing.

~~421 37 §97.124. TEXAS YOUTH COMMISSION Pt. Ill~~

(b) Ifthe hearing examiner determines that a child be placed in an institution, that child shall be relumed as promptly as practicable following the hearing to the instiiution al which he was placed prior to his field placement However, that child shall be returned instead to the Texas Youth Council Reception Center at Brownwood, Texas, if: (1) the child's institutional placement immediately prior to his field placement was Mountain View School or Hackberry School in Gatesville, Texas; (2) the hearing examiner determines that the violation found to have been committed by the child, if committed by an adult, might constitute the offense of murder, voluntary manslaughter, kidnapping, aggravated kidnapping, rape, aggravated rape, sexual abuse, aggravated sexual abuse, sexual abuse of a child, aggravated assault, deadly assault on a peace officer, arson, robbery, or aggravated robbery, as defined in the Texas Penal Code; or (3) the child had not been placed in an institution prior lo this field placement. (c) A motion for rehearing or an administrative appeal shall not suspend the immediate effect ofthe hearing examiner's decision regarding the child's placement. • Source: The provisions ofthis §97.124 adopted to be effective Januarv' 1. 1976. Cross References: This section cited in 37 TAC §81.116 (relating to Reclassification); 37 TAC §81.120 (relaling to Parole Revocation); and 37 TAC §85.1 (relating to Object and Scope).

§97.125. Hearing Examiners Report. (a) The hearing examiner's report shall be prepared in two parts and each part shall be under separate cover. The complete report shall be prepared as promptly as practicable following the hearing. (b) The first part ofthe report shall include: (1) a summary ofthe evidence admitted concerning those violations found by the hearing examiner to have been commitied by the child, the evidence he relied upon in determining the child committed the violations, and the reasons for his deierminations; and (2) a summarv- of those additional ilems of information presented during the dispositional phase ofthe hearing which the hearing examiner found pertinent and appropriate for his use in making a dispositional determination and the reasons for his dispositional determination. (c) The second part ofthe repon shall include; (1) a summary of the evidence admitted concerning those alleged violations which were found by the hearing examiner not to have been committed by the child and the reasons for his determinations; and (2) a summary of those ilems of evidence or information presented during the adjudicative and dispositional phases of the hearing which were excluded by the hearing examiner and his reasons for excluding them. (d) Copies ofthe complete report shall be sent to the child's attorney and field counselor. The second part ofthe report shall be retained on file in the Texas Youlh Council Central Office in Austin but shall not be placed in the child's casefolder. Source: The provisions of ihis §97.125 adopied to be efTective Januar>' I. 1976. Cross References: This section cited in 37 TAC §81.116 (relaling lo Reclassification): 37 TAC §81.120 (relating to Parole Revocation): 37 TAC §85.1 (relating to Object and Scope): and 37 TAC §97,123 (relating to Format of Hearing).

§97.126. Appeal to the Executive Director. An appeal to the executive director ofthe Texas Youlh Council may be taken by a child from a decision ofthe hearing examiner. Such appeals shall be submitted in accordance with the Texas Youth Council procedure for appeals to the executive director (see Chapter 83 ofthis title (relating to Appeals to the Executive Director)). Source: The provisions of this §97.126 adopted to be effective Januarv^ I. 1976. Cross References: This section cited in 37 TAC §81.116 (relaling to Reclassification): 37 TAC §81.120 (relating to Parole Revocation); 37 T.AC §85.1 (relating to Object and Scope); and 37 T.AC §97.123 (relating lo Forniat of Hearing).

~~422 Copyiglit C /4WJ .State of Te.xas and Han Infurniaiion Systems. Inc. CHAPTEK 99. HALFWAY HOUSE PROGRAM~~

~~Scctioji No. Section Name~~

~~PHILOSOPHY AND PURPOSE 99.1. Philosophy. 99.2. Purpose. 99.3. Objectives. PLACEMENT QUAUFICATIONS 99.11. Eligibility. 99.12. Criteria. 99.13. Age Limiutions. 99.14. Emergency Placements.~~

~~STUDENT'S RIGHTS 99.21. Sludenis Rights. 99.22. through 99.24. [RESERVED] 99.25. Pictures. 99.26. Letter to Parents.~~

~~423 TEXAS YOUTH COMMISSION Pt. Ill~~

~~PHILOSOPHY AND PURPOSE~~

§99.1. Philosophy. It is the philosophy ofthe Texas Youth Council to provide transitional programs for youth coming from its reception cemers and institutions which best suit the youth's need and will best further his or her rehabilitation and adjustment into the community. Source: The provisions of this §99.1 adopted to be effective January I. 1976.

§99.2. Purpose. . The Texas Youlh Council shall provide transitional living facilities for those youlh whose direct placement or discharge into the community may prove detrimental to their adjustment or rehabilitation. It shall provide therapeutic group Uving and training designed to produce changes in resident's social behavior and ability to function independently within the community. Residents engage in rehabilitative activities outside the facility part ofthe day while participating in planned activities within the facility during the remaining hours. Source: The provisions ofthis §99.2 adopied to be efTective January I, 1976.

§993. Objectives. The halfway house program shall provide the following S]>ecific services to accomplish its objectives: (1) The child care staff will conduct individualized and group counseling in the context ofthe skills-based treatment program ofthe Texas Youlh Council. (2) The staff, in cooperation with the Texas Rehabilitation Commission, will provide vocational counsehng to the residents. Those youth who quality will be afforded the opportunity lo work in the community. (3) Professional psychological and psychiatric counseling shall be made available to the residents as needed. (4) A recreation and physical education program will be an integral part of the rehabilitation. (5) In the area of education, some residents will be attending pubhc schools while others will be involved in the General Equivalency Diploma (GED) Program or other appropriate educational programs. In these instances, the residents will have the benefit of a specialized tutoring program. Authority: The provisionsof this §99.3 issued under Acts 1979. 66th Leg., ch. 842. effective Septetnber 10, 1979 (Texas Human Resources Code §61.001 el seq.). Source: The provisions ofthis §99.3 axlopted lo be effective Januarv I. 1 976L amended to be effective June 24, 19S0, 5 TexReg 2273. • ' .

PLACEMENT QUALIFICATIONS Authority: The provisions of these §§99.11-99.14 issued under Acts 1979. 66th Leg., ch. 842. effeaive Septeniber 10. 1979 (Tefias Human Resources Code §61.001 f/SP?.), unless otherwise noted.

§99.11. Eligibilit>'. Eligibility for placement in a halfway house facility will be limited to youths committed to the care and custody ofthe Texas Youth Council. Source: The provisions of this §99.11 adopted to be effective Januar>- 1. 1976; amended lo be effective June 24, l980,STexReg 2273.

§99.12. Criteria. A student must meet the following criteria to be accepted into a halfway house program: (1) potential for responsible community living; (2) ability and motivation for school and/or work; (3). recognition of his own needs and desire to change behavior; (4) concern for others; and (5) ability to communicate. Source: The provisions ofthis §99.12 adopted to beeffective Janiiarv 1, 1976; amended lo tie effective June 24. 1980,5TexReg 2273.

~~425 37 §99.13. TEXAS YOUTH COMMISSION Pt. Ill~~

§99.13. Age Limitations. All youth accepted for placement in a halfway house shall be no younger than 15 and no older than 17. Source: The provisions of this §99.13 adopted to be effective Januarv 1. 1976: amended to be effective June 24. 1980. 5 TexReg 2273.

§99.14. Emergency Placements. There shall be no emergency placements in any halfway house facility. Source: The provisions ofthis §99.14 adopted to be efTeciive January' 1. 1976: amended to be effective June 24, 1980, 5 TexReg 2273.

~~STUDENT'S RIGHTS~~

§99.21. Students Rights. Resident's rights listed in this section are in addition to those outlined in §81.11 ofthis litle (relating to Siudent's Rights). .Authority: The provisions of this §99.21 issued under .Acts 1979. 66th Leg., ch. 842. effective September 10. 1979 (Texas Human Resources Code §61.001 ci scq.i. Source: The provisions of this §99.21 adopted to tw effective Januan- 1. 1976: amended to be effective June 24. 1980. 5 TexReg 2273.

~~§99.22. through 99.24. [RESERVEDl~~

§99,25. Pictures. A facility shall not use pictures from which the resident can be identified unless a signed parent's consent for newspaper coverage is in the youth's filea l the facility. Source: The provisions of this §99.25 adopted to be cfTective Januarv 1. 1976.

§99.26. Letter to Parents. The resident shall receive a copy ofthe initial "letter to parents" outlining the facility's policies concerning visiting privileges, home visit, recreation and other temporary absences, correspondence, telephone privileges, and gifts. Source: The provisions ofthis §99.26 adopted lo be cfTective Januar> I. 1976.

~~426 Copyrixht O 1985 .Stale of Te.xai and Han Inlormatinn .Stsirm.\. Inc. CHAPTER 101. INTERSTATE COMPACT ON JUVENILES~~

~~Section No. Section Name~~

~~PURPOSE 101.1. Purpose.~~

RETURN OF JUVENILE RUNAWAYS 101.11. Definition of "Juvenile." 101.12. Petition for Requisition to Return a Runaway Juvenile (Form A). 101.13. Hearing. 101.14. Requisition for Runaway Juvenile (Form I). 101.15. Order of Deten tion. 101.16. Detention and Hearing Without a Requisition. 101.17. Voluntary Return by Runaway. (Form III). 101.18. Transportation of Runaway Juvenile. RETURN OF ESCAPEE OR ABSCONDER 101.31. Requisition for Return of Delinqtjent Runaways. 101.32. Voluntary Return of Escapee or Absconder. COOPERATIVE SUPERVISION OF PROBATIONERS AND PAROLEES 101.41. Opportunity to Investigate Placement. 101.42. Referrals. 101.43. Channelling Requests. 101.44. Acceptance. 101.45. Departure. 101.46. School Transcripts. 101.47. Conditions of Probation or Parole. 101.48. Violations ofthe Conditions of Probation or Parole. 101.49. Termination.

FORMS 101.61. Form A. Petition for Requisition to Return a Runaway Juvenile. 101.62. Form 1, Requisition for Runaway Juveniles.. 101.63. Form II, Requisition for Escapee or Absconder. 101.64. Form III, Consent for Voluntary Return by Runaway, Escapee, or Absconder. 101.65. Form IV. Placement Investigation and Supervision Request. 101.66. Form V, Report of sending State Uf>on Parole or Probaiiononer Being Sent to Another Jurisdiction. 101.67. Form VI, Memorandum of Understanding and Waiver. 101.68. Application for Compact Services. Authority: The provisions of this Chapter lOl issued under Acts 1969.61st Leg., ch. 888, efTective January I, 1970, as amended (Texas Family Code Ch. 25). unless otherwise noted. Cross References: This chapter cited in 37 TAC §81.145 trelating lo Transfer Polio).

~~427 TEXAS YOUTH COMMISSION- Pt. Ill~~

~~428 Copyright C 198! Stale of Te.xas and Han Information Systems. Inc. Ch. lOI INTERSTATE COMPACT ON JUVENILES 37 § 101.16.~~

~~PURPOSE~~

§101.1. Purpose. The purpose ofthe Interstate Compact on Juveniles is: (1) to permit out-of-$tate supervision of a delinquent juvenile who should be sent to some other state after getting into trouble, provided he is eligible for parole or probation; (2) to provide for return to their home stale of runaways who have not as yet been adjudged delinquents; (3) to authorize agreements for the cooperative institutionalization of special types of juveniles, such as defective delinquents; and (4) to provide for the return of absconders and escapees to the states they left. Soiu-ce: The provisions of this §101.1 adopied to be efiective January 1, 1976.

~~RETURN OF JUVENILE RUNAWAYS~~

§101.11. Definition of ""Juvenile." "Juvenile" means any person who is a minor under the laws of the state of residence of parents, guardian, person, or agency entitled to the legal custody ofthe minor. Source: The provisions of this §101.11 adopted lo be effective January 1, 1976.

§101.12. Petition for Requisition to Return a Runaway Juvenile (Form A). The parent, guardian, or agency entitled to legal custody of a de[>endent juvenile may petition the juvenile court for the issuance of a requisition for the juvenile return. The petition shall be verified by affidavit and certified document or documents on which the petitionees entitlement to the juvenile's custody is based attached. . Source: The provisions of this §101.12 adopted to be elective January 1. 1976.

§101.13. Hearing. The judge of the court to which the petition for requisition to return is made may hold a hearing to determine whether the petitioner is entitled lo legal custody or whether or not il is in the best interest of the juvenile lo return lo his home state. Source:' The provisions of this§101.13 adopied lo be effective January 1, 1976.

§101.14. Requisition for Runaway Juvenile (Form I). If the judge determines that the juvenile should be returned, he shall forward three copies of the writien requisition to the compact administrator in his own stale with copies ofthe petition and ceriified documents. The administrator will forward the requisition to the appropriate agency pursuant to the terms of the compact. Source: The provisionsof this §101.14 adopted to be effective Januar>' 1. 1976.

§101.15. Order of Detention. Upon receipt of the requisition to retuiii a juvenile who has run away the court shall issue an order to any peace officer, or otherapproprialeperson, to take into custody and detain such juvenile. Ifthejudge finds the requisition to be in order he shall cause such juvenile to be released to the demanding state. The compaa administrator is notified at this time that the juvenile is in custody awaiting return to his home state. Source: The provisions ofthis §101.13 adopied to beeffective January- 1. 1976.

§101.16. Detention and Hearing Without a Requisition. A juvenile who has run away from anoiher stale may be taken into custody without a requisition and brought before a judge of an appropriate court. The court may appoint counsel or guardian ad litem and determine whether sufficient cause exists to hold the juvenile, not to exceed 90 days, for his own welfare and protection until his return to the home state. Source: The provisions of this §101.l6adopted to be effective Januarv' I. 1976.

~~429 37 §101.17. TEXAS YOUTH COMMISSION Pt III~~

§101.17. Voluntary Return by Runaway. (Form III). Any juvenile who has runaway fi'om his slate of legal residence and taken into custody may consent to his immediate return. Such consent may be given by the juvenile and his counsel or guardian ad litem, if any, by executing the form consent for voluntary return by runaway (Form III). When the consent has been duly executed three copies are forwarded to the compact administrator. The juvenile may be delivered to an accredited officer ofthe demanding state or travel unaccompanied with a copy ofthe consent in his possession. Source: The provisions ofthis §101.17 adopied to be effective Janiiar>' 1. 1976.

§101.18. Transportation of Runaway Juvenile. The parent, guardian, or agency entitled lo his legal custody shall be responsible for payment of transportaiion costs. Arrangements for travel and airport surveillance are made ihrough the compact administrator in the demanding state and the Texas Interstate Compact on Juveniles. Source: The provisions of this §101.18 adopted to be effective Januarj' 1. 1976.

~~RETURN OF ESCAPEE OR ABSCONDER~~

§10131. Requisition for Return of Delinquent Runaways. Juvenile Compact Form II may be prepared by the institution or agency having authority over the delinqueni juvenile. The requisition shall be verified by afrida\ii and accompanied by three copies ofthe judgment, formal adjudication, or order of committment. Three copies of all materials are forwarded to the compact administrator who shall initiate the process of arranging for the juveniles return. .Article V ofthe Juvenile Compact requires that the juvenile be brought before a judge who may appoint counsel or guardian ad litem, and informed of the demand for his return. If the judge finds the requisition is in order the juvenile may then be returned lo the demanding state. When the Texas Compact administrator has been notified that the requisition has been honored and the juvenile is available for release, the administrator of the demanding state will make travel arrangemenis.

~~Source: The provisions of ihis §101.31 adopied to be effective January I, 1976.~~

§101.32. Voluntary Return of Escapee or Absconder. An escapee or absconder may be taken into custody without a requisition. Step by step procedure, under Article VI, Interstate Compact on Juveniles, is as follows: (1) The juvenile is taken into custody without a requisition and brought before a judge. (2) The judge must inform the juvenile, in the presence of counsel or guardian ad litem, of his rights. (3) In the presence of the judge, counsel or guardian ad litem, signs Compact Form III (consent for voluntary return). (4) Four copies ofthe signed consent is filed with the compact administrator. (5) The judge orders the juvenile to be delivered to the officers of his home slate and gives them a copy of the juvenile's consent. If the juvenile is to return unaccompanied, he is given a copy ofthe court order. (6) The compact administrator is notified immediately that the juvenile has consented to return voluntarily. The demanding stale will make all arrangements as soon as possible for the juveniles return. Source: The provisions of this §101.32 adopted to be efTective January 1. 1976.

~~COOPERATIVE SUPERVISION OF PROBATIONERS AND PAROLEES~~

§101.41. Opportunity to Investigate Placement. Any state pany lo the Interstate Compact on Juveniles may permit any juvenile on probation or parole to reside in any other state under supervision. Before granting such permission the receiving state shall have the opportunity to make an investigation ofthe proposed placement as il deems necessary. Source: The provisions of this §101.41 adopted lo be effective January 1. 1976.

§101.42. Referrals. When a Texas institution, probation department, or the Field Service Division ofthe Texas Youth Council refers a juvenile case for placement and supervision in another slate the procedure is as follows:

(1) A letter requesting the evaluation of the proposed placement and courtesy supervision and reasons for the desired placement. (2) The probation officer's report on the case (case history or social summary) as detailed as possible. In the case of a juvenile parolee, include institutional preparole summary and parole plan, with parole rules and parole record. (3) Pertinent court orders (petition in delinquency, adjudication, and probation orders). (4) Compact Forms IV and VI should be completed and made a part ofthe referral packet. It is recommended that at the lime the Form VI is signed by the parent or guardian, arrangements for or understanding of financial responsibility to return juvenile, if required, be made clear. (5) If the juvenile is a recipient of Social Security funds, survivor benefits, etc., advise the receiving state, giving number of claim and/or claims so that benefits can be transferred to receiving state for the child's use, al the proper time. Source: The provisionsof this §101.42 adopted 10 be effeciive January 1. 1976.

§101.43. Channelling Requests. The referral packet, in quadruplet, should be forwarded to the Texas Compact administrator. One copy will be retained for the files and three copies forwarded to the compact administrator ofthe receiving state. Referral requests should be made as early as possible anticipating 30 to 40 days for reply. Source: The provisions of this §101.43 adopted to l)ceffeciive January 1. 1976.

§101.44. Acceptance. When the investigaiion has been completed and approved, the receiving state will send notification to the Texas Compact who, in turn, will notify the probation department, institution, or parole officer originating the referral. Source: The provisions ofthis §101.44 adopted to be effeaive January I, 1976.

§101.45. Departure. When departure date and mode of transportation for the juvenile to go to the out-of-state placement has been determined, the Texas Juvenile Compact administrator is lo be notified by completing four copies of Compact Form V (departure notice). The receiving state should have aboul five days notice before the arrival of the juvenile. Source: The provisions of this §101.45 adopted to be efTective January 1. 1976.

§101.46. School Transcripts. School transcripts and records should be sent al this time in order to facilitate the child's entry into the school program. Source: The provisions of this §101.46 adopted to beeffective January 1. 1976.

§101.47. Conditions of Probation or Parole. The terms of probation or parole are set by the sending stale. Day by day operational matters are determined by the receiving state. Any special conditions included in the court's probation order, or as conditions of parole, are binding and should be enforced in the receiving state. The receiving state shall provide standards of supervision ^t prevail for its own delinquent juveniles released on probation or parole. Also, progress reports will be furnished the sending state each quarter. The progress report, in quadruplicate, is submitted to the compact administrator in the receiving state. Source: The provisions of this §101.47 adopted to be effeciive January 1, 1976.

§101.48. Violations of the Conditions of Probation or Parole. (a) If the interstate probationer or parolee is in violation of his compact agreement, he may be detained in a juvenile detention center pending disposition of charges and decision made whether to retain him in placement, alternate placement, or return to sending state. Any charges pending in the juvenile court in the receiving state must be disposed of by dismissal or a judgment before arrangements can be concluded for returning the juvenile to the sending state. (b) Any charge of parole violation is subject to the prescribed procedure for parole revocation. Copies of the hearing officers report along with offense reports, or. where applicable, copies of court actions, are forwarded to the compact adminislrator. (c) In the event the juvenile is unable to make an adequate adjustment in the placement (other than violation of conditions of placement) or other circumstances beyond the juvenile's control which would warrant removal from the placement, advise the sending state through the interstate channels immediaiely, with recommendation for alternate placement or return to the sending stale. Source: The provisions of this §101.48 adopted lo be effective January 1, 1976.

~~431 37 §101.49. TEXAS YOUTH COMMISSION Pt. Ill~~

§101.49. Termination. At any time within the maximum limits ofthe prescribed supervision period the supervising probation or parole officer may recommend lo the sending state termination of supervision, stating the reasons therefor. However, termination of supervision and closing ofthe case is not done until written permission is received from the sending state. Source: The provisions of this § 101.49 adopted to be efTective Januarys 1, 1976.

~~FORMS~~

~~§101.61. Form A. Petition for Requisition to Return a Runaway Juvenile. This form is used when it becomes necessary to petition the court lo have a nondelinquent juvenile relumed lo the home stale.~~

~~FORM A PETITION FOR REQUISITION TO RETURN A RUNAWAY JUVENILE~~

I. being the of do hereby petition for the issuance of a requisition for the return of said juvenile from or from any other place in which (he)(she) may be found. By reason of said juvenile's age. such relurn is essential. In support ofthis petition, and in order thai the coun may have necessary information pursuant to Article IV ofthe Interstate Compact on Juveniles, be it known that said juvenile was bom on and that said juvenile should rightfully be in my custody and conirol for the reasons set forth on the attached page. To the best of my knowledge, said juvenile has not been adjudged delinquent, but has mn away under the following circumstances and for the following reasons:

~~Aitached are two certified copies ofthe document or documents verifying petitioner's entitlement to juvenile's custody.~~

~~Date Signed .Address (Affidavit on reverse side)~~

~~VERIFICATION~~

I, the undersigned, say: I am the petitioner in ihe petition for requisition to return a juvenile mnaway on the reverse page. I have read the foregoing requisition and know the contents thereof, and the same is tme to my knowledge, except as to ihe matters which are therein staled on information and belief, and as to those matters 1 believe it to be true. I declare under penalty of pcrjun.- ihai the foregoing is true and correct.

~~Name and Titie~~

~~Agency~~

~~Subscribed and Sworn lo before me this day of 19 Notary Public in and for the County of State of~~

~~Source: The provisions of this §101.61 adopted to be effective Januar>' I. 1976.~~

§101.62. Form I, Requisition for Runaway Juveniles. This form is used under Article IV when it becomes necessary for the court in the home stale to take action in having a nondelinquent runaway juvenile relumed. It is used only in cases where the youth refuses lo return home or where there is some question of legality concerning the youth's return to his home state.

~~FORM I REQUISITION FOR RUNAWAY JUVENILE~~

~~TO: DATE FROM: RE:~~

This court requisitions the return of in accordance with the Interstate Compact on Juveniles. Anicle IV, Return of Runaway. Said juvenile is believed to be in your jurisdiciion On the basis of the evidence before it, this court finds said juvenile was bom on Juvenile's physical description: Height Weight Eyes Hair Identifying marks or scars: This court further finds that said juvenile should rightfully be in the custody of . who is the and who is located at within the territorial jurisdiction ofthis court;'thai saidjuvenilehasrunaway without permission; and that said juvenile's continued absence from rightful custody and control is detrimental to the best interests of said juvenile and the public. If requisition is honored, please notify when minor will be available for release to our agent.

~~Judge~~

~~Source: The provisions of this §101.62 adopted to tje'effective January I, 1976.~~

§101.63. Form II, Requisition for Escapee or Absconder. This form is used under Article V for the requisition of delinquent escapees and/or absconders from institutions, detention centers, reception and diagnostic centers, community treatment facilities, or from probation or parole placement. (Form II is used when exercising the rendition amendment.)

~~433 37 §101.63. TEXAS YOUTH COMMISSION Pt. Ill~~

~~FORM II REQUISITION FOR ESCAPEE OR ABSCONDER~~

~~TO: Dale~~

~~(Appropriate Court or Executive Authority)~~

~~FROM:~~

I, requisition the return of bom on in accordance to the Interstate Compact on Juveniles, .Article V, Return of Excapee and Absconder. Said juvenile was: paroled to the custody ofthe undersigned. placed on probation subject to supervision by the undersigned commitied to and despne applicable provisions of law, said juvenile has:

escaped -absconded and is now believed lo be in your jurisdiction at Juvenile's physical description: Height Weight Eyes Hair Identifying marks or scars: Attached are two certified copies ofthe Judgement, formal adjudication orOrder ofCommiument verifying juvenile's legal status. As required by the Inierstate Compact on Juveniles, the undersigned hereby presents the following information: 1. Paniculars of adjudication as a delinquent juvenile

~~2. Circumstances of breach ofthe terms of probation or parole or escape from institution or agency~~

Accordingly, the undersigned hereby prays for the return of said juvenile as authorized by the Interstate Compact on Juveniles. If requisition is honored, please notify by collect telephone call or wire when minor will be available for release to our agent.

~~Signed Official Posiiion (Requisition must be verified by affidavit. Sec Anicle V ofthe Compact for further details on materials to be included or attached to the form)~~

~~(Verfication on reverse side)~~

~~VERinCATION~~

1, the undersigned, say: I am the rcquisiiioner in the above entitled Requisition for Escapee or Absconder on the reverse page. I have read the foregoing requisition and know the contents thereof and the same is true of my own knowledge, except as to the matters which are therein stated on information and belief, and as lo those matters I believe il to be true. I declare under penalty of perjury thai the foregoing is true and correct:

~~Name and Title Agency Subscribed and Swom to before me this day of 19 Notary Pubtic in and for Ihc County of Siaic of~~

~~Source: The provisions of this §101.63 adopted lo be effective January 1. 1976.~~

~~434 Copyright C 1985 State ofTexas and Han Informaiion Systems. Inc. Ch. 101 INTERSTATE COMPACT ON JUVENILES 37 § 101.64.~~

§101.64. Form III, Consent for Voluntary Return by Runaway, Escapee, or Absconder. This form is used under Article VI in cases where a state is returning a juvenile lo his home stale and must be executed in the presence of a judge or authorized court master, referee, or hearing ofiicer. Signing by the juvenile denotes that he consents to return home voluntarily. The form will be certified or authenticated in accordance with practice of the court.

~~FORM III CONSENT FOR VOLUNTARY RETURN BY RiUNAWAY, ESCAPEE OR ABSCONDER~~

I. recognize that I rightfully belong with in and J voluntarily consent to return there without further formality, either by myself or in the company of such persons as the appropriate authority may appoint for the purpose.

~~Date Signed (Juvenile)~~

I, Judge of having informed the juvenile named above of (his)(her) rights under the Interstate Compact on Juveniles prior to the execution of ihe foregoing consent do hereby find that Ihe voluntary reium of said juvenile to in is appropriate and in ihe best interest of said juvenile, and do so order such return as provided below:

~~1. Accompanied by 2. Unaccompanied 3. Via Approximate departure date~~

~~Dale Signed (Judge)~~

~~TO BE COMPLETED ONLY IF COUNSEL OR GUARDIAN AD LITEM IS APPOINTED:~~

I. being the (counselKguardian ad litem) of recognize and agree that said juvenile should return to in either unaccompanied or in Ihe company of such person as the appropriate authority may appoint. 1 hereby consent lo such return.

~~Date Signed (Counsel or guardian ad litem)~~

~~Source: The provisions of this §101.64adoptcd to be effeciive January 1, 1976.~~

~~435 37 §101.65. TEXAS YOUTH COMMISSION Pt. Ill~~

§101.65. Form IV. Placement Investigation and Supervision Request. This form is used in cases in which the home state requests an investigation for possible placement of a parolee or probationer in a home in another state.

FORM ly PLACEMENT INVESTIGATION AND SUPERVISION REQUEST { ) PAROLE ( ) PROBATION TO: DATE: RE: FILE NO.: SEX: RACE: D.O.B. Maximum expiration date of coun jurisdiction or commitment: Earliest dale eligible for discharge: Ward's current status: 1. Detained at 3. Tentative Arrival Date: 2. Not in Custody ( ) 4, Already residing in your Stale () We arc requesting an invesiigaiion ofthe home of: Name: Relationship: Address; Telephone: Prospective placement confirmed willingness to assist ward? Yes () No () Foster home payments will be paid, if required? Yes ( ) No ( ) Attached are: Triplicate current case reports, background case materials, (including diagnostic tests, treatment plans, psychological or psychiatric repons, school transcripts) record of adjudication and peninent court orders.

~~FOR THE COMPACT ADMINISTRATOR By Title~~

~~Source: The provisions of ihis §101.65 adopted to be effective January I. 1976.~~

~~436 Copyriiihi O I9SS State of Texas and Hart Information Systems. Inc. Ch. 101 INTERSTATE COMPAtTT ON JUVENILES 37 § 101.66.~~

§101.66. Form V, Report of sending State Upon Parole or Probationoner Being Sent to Another Jurisdiction. This form is used to notify- the slate which has approved placement that a youth is being transferred to their jurisdiction for supervision. Il provides information concerning travel.

~~FORMV REPORT OF SENDING STATE UPON PAROLEE OR PROBATIONER BEING SENT TO ANOTHER JURISDICTION~~

~~TO DATE FROM RE NO. Parole Probation~~

~~The above mentioned (will depart) (has departed) from b\' on Method of Transportation Date and was instructed to report (in person) (by letter) to:~~

~~Enclosed please find: (check appropriate items)~~

~~Certificate of parole Probation or parole agreement Memorandum of Understanding and Waiver Other material described below~~

~~Please acknowledge receipt ofthis material and send arrival repon as soon as possible.~~

~~Signed Title~~

~~Source: .The provisionsof this 5!01.66adopled to be effective January 1. 1976.~~

~~437 37 §101.67. TEXAS YOUTH COMMISSION Pt. Ill~~

§101.67. Form VI, Memorandum of Understanding and Waiver. The following form is used to determine that the youth, parent, guardian or agency understands the terms of his probation and parole and that he is to return to the sending stale if he is recalled due to violation of probation or some other reasons.

~~FORM VI MEMORANDUM OF UNDERSTANDING AND WAIVER~~

Sending State Receiving State I. realize that the grant of (parole) (probation) and especially the privilege to leave the State of to go lo the Siaie of is of great benefit to me. In reium for these advantages. 1 promise:

1. That I will make my home with at until a change of residence is duly authorized by the proper authorities ofthe receiving state. 2. That I will obey and live up to the terms and conditions of (parole) (probation) as fixed by both the sending and receiving states. 2. Thai I will return at any time to the sending state if asked to do so by the (parole)(probation) authorities in that slate. 1 further understand that if I do not obey or live up to these promises. I may be returned to the sending state.

~~1 have read the above or have had the above read and explained to me. and I understand the meaning of il and agree thereto.~~

~~Witnessed b>: Signed Date~~

I. in m> capaciiv of {pareni)(guardian) of do approve of and subscribe to the above memorandum of understanding and hereby waive any right which I may have to contest the return ofthe juvenile referred to herein to the sending state from any state or jurisdiction, within or without ihe United States, in which (heKshc) may be found. I also undertake to cooperate with ihe supervising authorities and to assist them in securing the relurn of ihc juvenile referred to herein to the sending state whenever, in their judgment, such return may be necessary- or desirable.

~~Witnessed Signed Date~~

~~On the day of 19 , permission was granted to the above juvenile and (parcnO(guardian) to have said juvenile reside in the Stale of and lo be supervised by~~

~~Signed In the case of parole, to be signed b> ihe Compact .Administrator or other appropriate official. In the case of probation, to be signed b\ ihe appropriate judge.~~

~~Source: The provisions ofthis 5101.67 adopied to be effective January 1. 1976.~~

§101.68. Application for Compact Services. The form. ICJ Form l.A. entitled Application for Compact Services, shall be used by each youth who seeks parole or probation services in another state. The youth shall read or have had the form read and explained to him to his understanding. The Texas Youth Council adopts ICJ Form lA by reference. Copies ofthis form arc available from the Texas Youth Council, P.O. Box 9999, .Austin, Texas 78766, or from local probation departments. .\uthorii>; The provisions ofthis §101.68 issued under Acts 1979. 66ih Leg., ch. 842. cfleciivc Sepiember 10, 1979 (Texas Human Resources Code §61.001 ci seq.). Source: The provisions of ihis ^101.6t( adopied to be effective June 24. 1980, 5 TcsReg 2273.

~~43S Ciipirighi e lV/i5 State of Te.xas and Hart Information Systems. Ini. CHAPTER 103. STUDENT REMEDIES~~

~~Section No. Section Name~~

~~GENERAL POLICY AND PROCEDURES 103.1. Policy. 103.2. Procedures. APPEAL OF ADMINISTRATIVE DECISION 103.21. Policy. 103.22. Procedure. COMPLAINTS REGARDING ABUSE OR NEGLECT 103,41. Procedure.~~

GRIEVANCES REGARDING CONDITIONS, POUCIES, OR PROCEDURES 103.61. Policy. 103.62. Grievance Procedures. Authorit}': The provisions ofthis Chapter 103 issued under Acts 1979. 66lh Leg., ch. S42,' effective September 10, 1979 (Texas Human Resources Code §61.001 et seq.). unless olherwise noted. Cross References: This chapter cited in 37 TAC §87.54 (relaling lo Student Right lo Appeal).

~~439 TEXAS YOUTH COMMISSION Pt. Ill~~

~~GENERAL POLICY AND PROCEDURES~~

§103.1. PoUcy. If a student feels that the Texas Youth Council, in the administration of its programs, has violated one or more of his basic rights (see §81.11) of this title (relating to Student Rights)) or in some way has treated him unfairly, abusively, or neglectfiilly, he may iniliate action to remedy his situation, and may expect staff assistance in doing so. Source: The provisions of this § 103. i adopted lo be effeaive June 24, 1980, S TexReg 2273.

§103.2. Procedures. (a) Remedy procedures available to TYC students are as follows: (1) A student may file an appeal aboul a specific administrative decision affecting him individually. (2) A student may file a complaint alleging abuse or neglect by his peers, TYC staff, or contract agency staff. (3) A student may file a grievance aboul conditions, policies, and procedures which affect him and his peers collectively. Examples of conditions, policies, and procedures about which grievances may be filed are medical care, food services, rules regarding dress and appearance, or disciplinary procedures. The three student remedy procedures identified in this subsection are contained in §§103.21-103.22 ofthis title (rehtttng to Appeal of Administrative Etecision), §103.41 ofthis title (relating lo Procedure), and §§103.61-103.62 ofthis title (relating to Grievances Regarding Conditions, Policies, or Procedures). (b) Common to all three procedures is an opportunity for the student lo appeal to the executive director (Chapter 83 of this title (relating to Appeals to the Executive Director)). In each instance, an appeal to the executive director exhausts a siudent's administrative remedies. Source: The provisions of ihis §103.2 adopied to be effective June 24, 1980, 5 TexReg 2273.

~~APPEAL OF ADMINISTRATIVE DECISION~~

§103.21. Policy. : A studenl may tile an appeal regarding a specific administrative decision affecting him individually. Source: The provisions ofthis §103.21 adopted lo be effective June 24, 1980, 5 TexReg 2273.

Cross References: This section cilcd in 37 TAC §81.194 (relating to Rules of Conduct); 37 TAC §103.2 (relating to Procedures); 37 TAC §103.61 (relating to Policy); and 37 TAC §103.62 (relating to Grievance Procedures).

§103.22. Procedure. (a) Submission of appeal Except in cases where direct appeal to the executive director is available (program assignment, transfers, reclassification, parole release, and parole revocation), all administrative decisions may be appealed to the student's institutional/halfway house superintendent or area parole supervisor. The student's caseworker, parole officer, or other designated staff will assist the student in completing the grievance resolution form indicating the reasons for the student's appeal. The siudent's appeal wiUbe forwarded directly to the institutional/halfway house superintendent or area parole supervisor. (b) Decision ofsuperintenden t or area supenisor regarding appeal Within one week of receipt ofthe student's appeal, the institutional/halfway bouse superintendent or area parole supervisor will review the' students appeal and make a decision regarding the siudent's contentions. The decision on the appeal wilt be indicated on the same grievance resolution form utilized by the student in submitting his appeal. The institutional/halfway house superintendent's or area parole supervisor's decision will include reasons for the decision and will indicate actions directed. (c) Distribution of decision. The student will receive a copy ofthe decision. (d) Appeal to the executive director. The institutional/halfway house superintendent's or area parole supervisor's decision regarding a student's appeal will include notice to the student of his right to subsequent append to the executive director. In the event the student indicates his dissatisfaction with the institutional/halfWay house superintendent's or iarea parole supervisor's decision on his appeal, the student's caseworker, parole ofiicer, or other designated staff will assist the student in filing his subsequent appeal in accordance with ihe procedure for appeals to the executive director, Chapter 83 of this title (relating lo Appeals to the Executive EHrector). The grievance resolution form indicating the institutional/halfway house superintendent's or area parole supervisor's reasons for the decision will be included with the material submitted for the executive director's consideration.

Source: The provisionsof ihis §103.22 adopted lo be effective June 24. 1980, 5 TexReg 2273. Cross References: This seciion cited in 37 TAC §81.194 (relating to Rules of Conduct); 37 TAC §103.2 (relating lo Procedures): 37 TAC §103.61 (relating to Policy); and 37 TAC §103.62 (relating lo Grievance Procedures).

~~441 37 §103.22. TEXAS YOUTH COMMISSION Pt. Ill~~

~~COMPLAINTS REGARDING ABUSE OR NEGLECT~~

§103.41. Procedure. (a) Submission of complaint. Any person receiving information related to the suspected mistreatment of a student—the suspected abuse or serious neglect of a student by another student, TYC staff, or contract staff—will promptly report that informaiion to the siudent's caseworker, parole officer, or other designated staff. In addition to other incident reporting requirements, within three days of receipt of that information, the student's caseworker, parole officer, or odier designated staff will complete and distribute the notification of susf>ected mistreatment form. (b) Investigation of complaint. Promptly following initial receipt of information regarding the suspected mistreatment of a student, ihe student's caseworker, parole officer, or other designated staff will notify' the siudent's institutional/halfway house superintendent or area parole supervisor of the alleged incident. Promptly upon receipt of that notice, the institutional/halfway house superintendent or area parole supervisor will appoint TYC staff members to initiate an investigation ofthe allegation. Staff members appointed to conduct the investigation will continue to do so unless and until the hearings department assumes responsibility for its fiirther conduct at the direction ofthe executive director, deputy executive director, assistant execuiive director for child care, or at ils own motion. (c) Conclusion of investigation. Within three days of conclusion of an investigation, staff members conducting the investigation will repon and distribute their conclusions in accordance with procedures outlined in the TYC manuals system. (d) Final action. Within three days of receipt of the student's appealed decision, the institutional/halfway house superintendent or area parole supervisor will lake whatever remedial action he determines appropriate in Ught ofthe conclusions ofthe investigation. Repon of final action taken will be distributed in accordance with the TYC central office alleged abuse or neglected investigaiion procedure. The siudeni will be notified of the results of the investigation. (e) Appeal to the executive director The student will be notified of his right to appeal any matter pertaining lo the conduct or outcome of the investigation regarding his complaint. In the event the student indicates his desire to do so, the student's caseworker, parole officer, or other designated staff will assist the siudeni in filing his appeal to the executive director in accordance with the appeals to the execuiive director. Chapter 83 ofthis title (relating to Appeals to the Executive Director).

Source: The provisions of this §103.41 adopted lo be effective June 24. 1980. 5 TexReg 2273. Cross References: This section cited in 37 T.AC §103.2 (relating to Procedures): and 37 T.AC §103.61 (relating to Policy).

~~GRIEVANCES REGARDING CONDITIONS, POLICIES, OR PROCEDURES~~

§103.61. Polic>. A studeni may file a grievance regarding conditions, policies, and procedures which affect him and his peers collectively. To help ensure an effective siudeni grievance system, participation is required of staff members and students on as equal a basis and at the mosi decentralized level reasonably possible and feasible in the design and operaiion ofthe system. The staffand students of each program unit are, therefore, to establish al their particular facility or area parole office a fair and simple procedure for the resolution of student grievances regarding programs, conditions, or practices which are not otherwise included within the preceding iwo categories of student concerns (see §103.21 and §103.22 ofthis title (relating to Appeal of Administrative Decision), and §103.41 ofthis title (relating to Procedure)).

Sourer: The provisions of this § 103.61 adopted lo be effective June 24. 1980. 5 Te^iReg 2273. Cross References: This section cited in 37 T.AC §85.1 (relating to Object and Scope); and 37 TAC §103.2 (relating to Procedures).

§103.62. Grievance Procedures. The established procedure should ensure the following: (1) Access to system. The grievance procedures established at each program unit must provide for reasonable, but sure, access to the grievance system by all students al alt limes and ensure the priority processing of grievances which are of an emergency nature. The means selected for submission of grievances must include provision for prompt reponing ofthe grievance on grievance resolution form in accordance with the procedures. (2) Determining "appeal" or "grievance. "The grievance procedure established at each program unit must provide a method, wiihin the grievance procedure itself, for determining whether to proceed with a grievance which might otherwise arguably constitute an appeal of an individual case decision. In the event it is determined that the grievance does concern only an administrative decision affecting a single student, the grievance resolution form will be forwarded immediately lo the institutional/halfway house superintendent or area parole supervisor in accordance with the procedure for appeals of administrative decisions (see §103.21 and §103.22 ofthis title (relating to Appeal of Administrative Decision)).

~~442 CoprrighiC 1985 Slate of Te.xas and Ilun Inforinatmn Svsiems. Inc. Ch. 103 STUDENT REMEDIES 37 § 103.62.~~

(3) Informal resolution. The grievance procedure established at each program unit should encourage prompt and informal resolution of student grievances, particularly in cases where the need for immediate corrective action is apparent and readily possible to meet. (4) Opportunity for hearing. When informal resolution of a grievance cannot be achieved to the satisfaction of all parties, the grievance procedure established at each program unit must provide the opportunity for a hearing of the grievance at which all parties have the opportunity to be present and to present their contentions and suggestions for resolving the grievance. (5) Review by institutional I halfway house superintendent or area parole supervisor. The grievance procedure established at each program unit must provide for a written report of recommendations or of progress being made toward resolution of a student's grievance. The results of informal consideration or hearing on the grievance must be reported on the grievance resolution form and must be submitied lo the student's institutional/halfway house superintendent or area parole supervisor within 10 days ofthe initial submission of the student's grievance. Within three days, the institutional/halfway house superintendent or area parole supervisor will review ihe report and indicate on the prescribed form whether he adopts the recommendations or approves of the steps being taken to resolve the grievance and the reasons therefor. The institutional/halfway house superiniendent or area parole supervisor will then immediately distribute copies of the grievance resolution form in accordance with the provisions prescribed by the agency. (6) Appeal to the executive director. The student will be notified of his right to appeal the institutional/halfway house superintendent's or area parole supervisor's decision regarding the adoption of recommendations or the approval of steps being taken to resolve his grievance. In the event the student indicates his dissatisfaction with the decision, the student's caseworker, parole officer, or other designated staff will assist the student in filing his appeal to the executive direclor in accordance with (Chapter 83 ofthis title (relating to Appeals to the Executive Director)), .appeal to the executive director is required whenever the institutional/halfway house superiniendent or area parole supervisor determines that satisfactory resolution of a grievance requires consideration of a policy, procedural, or budgelar>' amendment which is beyond the institutional/halfway house superintendent's or area parole supervisor's authority to effect. The institutional/halfway house superintendent or area parole supervisor will file such appeal on the student's behalf in accordance with the TYC procedure for appeals to the executive director. The grievance resolution form indicating recommendations resulting from consideration of the grievance at the student's program unit will be included with the material submitied for the executive director's consideration. (7) Safeguards against reprisals. The grievance procedure established at each program unit must provide for safeguards to prevent reprisals against any greviant or participant in the resolution or investigation of a grievance. The fact that a student may have filed a grievance shall not be considered in any administrative decision made concerning him, nor shall a copy ofthe grievance resolution form be included in his case folder unless it penains lo his appeal of an administrative decision. However, where there is clear and convincing proof Ihat a student utilized the grievance system with the clear intent and sole purpose to cause harm to another studenl or staff member ihrough deceit, disciplinary action against the siudeni may be laken. (8) Monthly evaluation. The grievance procedure established at each program unit must provide specific measures by which the system's effectiveness at that program unit may be assessed on a monthly basis by a representative group of staff and students, participating in equal numbers, and chaired by the grievance coordinator or other staff membtr of the hearings department. The grievance coordinator will prepare a monthly report of the assessment including a report ofthe steps being taken al that program unit lo correct any assessed deficiencies. The report will be distributed to the institutional/halfway house superintendent or area parole supervisor, the directors of institutions and community services, the assistant executive director for child care, the deputy executive director, and the executive direclor. Source: The provisions ofthis §103.62 adopted to be effective June 24. 1980, 5 TexReg 2273. Cross References: This section cilcd in 37 TAC §85.1 (relating lo Object and Scope); and 37 TAC §103.2 (relating to Procedures).

~~443 TEXAS YOUTH COMMISSION Pt. Ill~~

~~444 Capcrifltf O I9Sf State of Te.vas and Han lf\formaiion Svstein^. inc.~~