| (a) Purpose. The Texas Juvenile Justice Department
(TJJD) delivers interventions in a structured environment for youth
who have engaged in certain serious conduct. The interventions are
designed to promote violence reduction and skill building to increase
safety on TJJD campuses and to help the youth regulate their behavior
in order to progress in treatment. Placement in an intervention program
is not considered a disciplinary consequence. This rule sets forth
eligibility criteria, program requirements, and services to be provided
to youth.
(b) Applicability. The program described by this rule
operates only at high-restriction facilities operated by TJJD.
(c) Definitions.
(1) Admission, Review, and Dismissal (ARD) Committee--a
committee that makes decisions on educational matters relating to
special-education-eligible youth.
(2) Individualized Education Program (IEP)--the program
of special education and related services developed by a youth's ARD
committee.
(3) Isolation--the confinement of a youth in a locked
room or cubicle as a tool to manage the behavior of a youth. Rules
regarding isolation do not apply:
(A) when doors are routinely locked during normal sleeping
hours and isolation has not otherwise been imposed; or
(B) when a youth is placed in the security program.
(4) Manifestation Determination Review--a review conducted
by a youth's ARD committee when a decision has been made to change
a special-education-eligible youth's school placement due to a violation
of the code of conduct. The committee determines whether a youth's
conduct is a manifestation of the youth's disability and whether the
youth's IEP was fully implemented.
(d) Eligibility.
(1) At a minimum, a youth must be reviewed to determine
appropriateness for placement at any level of the intervention program
if the youth engages in one or more of the following rule violations
as defined in §380.9503 of this chapter:
(A) assault of youth (with or without injury);
(B) assault of staff (with or without injury);
(C) fighting (with or without injury);
(D) threatening another with a weapon;
(E) escape;
(F) extortion or blackmail;
(G) possession of a weapon;
(H) sexual misconduct;
(I) threatening others;
(J) any first- or second-degree felony; or
(K) any other rule violation that the executive director
or designee establishes in writing as an eligible violation.
(2) A youth may be reviewed to determine appropriateness
for placement at any level of the intervention program based on any
other rule violation defined in §380.9503 of this chapter or
based on a pattern of rule violations that suggests the youth would
benefit from the program.
(3) Notwithstanding any other provisions in this rule,
a youth whose parole has been revoked may be reviewed for possible
placement in the intervention program. Review for possible placement
in the intervention program is mandatory for a youth whose parole
was revoked for conduct classified as a first- or second-degree felony.
If the youth is placed in the intervention program:
(A) the youth may be placed at any level of the program,
provided there are no therapeutic contraindications to placement at
that level; and
(B) the youth may be moved between levels of the program
if the youth was given notice of the potential placement in the program
before the Level I hearing.
(4) Notwithstanding any other provisions in this rule,
a youth who has been disciplinarily transferred from a medium-restriction
facility to a high-restriction facility through a Level II due process
hearing may be reviewed for possible placement in the intervention
program. Review for possible placement in the intervention program
is mandatory for a youth who was transferred for conduct classified
as a first- or second-degree felony. If the youth is placed in the
intervention program:
(A) the youth may be placed at any level of the program,
provided there are no therapeutic contraindications to placement at
that level; and
(B) the youth may be moved between levels of the program
as outlined in this rule.
(e) Program Intervention Levels.
(1) Primary. The primary level of the intervention
program provides short-term intervention that cannot be provided during
regular campus programming.
(A) Youth at this level of intervention in the program
will move around campus for non-program-related activities in a manner
generally comparable to the general campus population but are provided
program-related interventions while admitted to the program.
(B) A Level II hearing is not required for placement
at this level of intervention. However, designated staff must review
the youth for appropriateness in the intervention program, including
the youth's treatment needs and the severity of the youth's behavior.
(2) Moderate. The moderate level of the intervention
program provides short-term intervention in a self-contained unit
with a gradual transition back to regular campus programming.
(A) Youth at this level of intervention in the program
live on the unit where the program operates.
(B) Youth may be placed at this level of the intervention
program only if:
(i) a Level II due process hearing has been held in
accordance with §380.9555 of this chapter;
(ii) there is a finding of true that
the youth committed a rule violation listed in subsection (d) of this
section; and
(iii) the youth and the youth's advocate were given
notice before the hearing that a true finding
on one or more of the allegations would make the youth eligible for
placement in the intervention program.
(3) Intensive. The intensive level of the intervention
program provides longer-term intervention in a highly structured environment.
(A) Youth at this level of intervention in the program
live on the unit where the program operates.
(B) Youth may be placed at this level of the intervention
program only if:
(i) a Level II due process hearing has been held in
accordance with §380.9555 of this chapter;
(ii) there is a finding of true that
the youth committed a rule violation listed in subsection (d) of this
section; and
(iii) the youth and the youth's advocate were given
notice before the hearing that a true finding
on one or more of the allegations would make the youth eligible for
placement in the intervention program.
(f) Placement in the Program.
(1) Each youth being considered for placement in the
intervention program is reviewed to determine if placement is appropriate
and, if so, which level of the program is appropriate.
(2) If it is determined that the youth should be placed
in the intensive level of the program but space is not available,
the youth may be temporarily placed in a lower level of the program
until space becomes available at the intensive level or the youth
otherwise successfully meets the criteria under subsection (j) of
this section.
(3) TJJD procedural manuals shall establish a process
that allows a youth to be moved from one level of the program to another,
if appropriate. A youth may be placed in the moderate or intensive
level of the program only if the youth was given notice of the potential
placement before the Level II hearing. Once a youth has been removed
from the intervention program, new conduct and a new Level II due
process hearing, if necessary for the program level, are required
to return the youth to the intervention program.
(4) TJJD procedural manuals shall establish the factors
to be considered when determining if a youth should be placed in the
intervention program and which level of intervention is most appropriate
or when determining if a youth should be moved from one level to another.
The procedural manuals shall include a requirement that, at a minimum,
the following factors be considered:
(A) whether the youth poses a continuing risk to the
safety of the facility;
(B) whether less restrictive methods of documented
intervention have been attempted when appropriate; and
(C) whether there are any therapeutic contraindications
to placing the youth in the intervention program or at a particular
level in the intervention program.
(5) A youth shall not be placed at any level in the
intervention program if a therapeutic contraindication to placement
at that level exists.
Cont'd... |
