| (a) Purpose. Youth earn the ability to move to less
restrictive placements by progressing through a stage system that
measures progress in the rehabilitation program. The purpose of this
rule is to provide a general outline of the areas in which a youth
must demonstrate progress and to describe the process for assessing
progress.
(b) Applicability. This rule applies to all residential
facilities operated by the Texas Juvenile Justice Department (TJJD).
This rule does not apply to youth in contract-care programs that are
not required to provide the TJJD rehabilitation program. This rule
does not apply to youth on parole status.
(c) Definitions. See §380.8501 of this chapter
for definitions of terms used in this rule.
(d) General Themes in the Rehabilitation Program.
(1) TJJD's rehabilitation program is composed of a
set of stages with objectives related to each youth's rehabilitative
needs. Expectations generally increase as youth progress through the
stages.
(2) Progress is measured through an assessment of the
youth's demonstration of skills in areas such as:
(A) appropriate participation in education/vocational
and treatment/intervention activities;
(B) understanding and use of therapeutic tools;
(C) ability to develop, discuss, and work toward individual
goals;
(D) application of regulation tools to maintain safe
behavior; and
(E) reducing risk factors and increasing protective
factors.
(3) The objectives for each youth shall be in writing
and provided to the youth.
(4) Each youth is provided an equal opportunity, as
the youth's behavior warrants, to participate in the scheduled activities
needed to progress.
(e) Stage Assessment.
(1) A stage assessment shall be conducted when the
youth completes the required objectives for the stage or within 90
days from the previous stage assessment, whichever occurs first.
(2) Each stage assessment includes a comprehensive
assessment of the youth's progress in the rehabilitation program.
(3) The parent/guardian must be given an opportunity
to provide input to be considered at each stage assessment.
(4) As a result of a stage assessment, the youth is
assigned to the most appropriate stage. Youth may be assigned to a
stage that is more than one level higher than the current stage, if
appropriate.
(5) Each youth's specific needs and responsivity must
be considered when assessing a youth's stage. If a youth fails to
progress through the stages, staff must conduct a review for responsivity
needs and, if appropriate, implement individualized interventions.
(6) Youth may not be assigned to a lower stage, except:
(A) when it is determined that behavior proven at a
Level II due process hearing held in accordance with §380.9555
of this chapter indicates the youth no longer meets the requirements
of the current stage assignment; or
(B) in accordance with subsection (g) of this section.
(7) If a youth loses release eligibility under §380.8555
or §380.8559 of this chapter, the youth is no longer designated
as having completed the rehabilitative program under this rule and
is assigned to stage 4.
(8) The youth and the youth's parent/guardian are notified
of the results of the stage assessment.
(f) Requirements for Stage Promotion.
(1) Stage 1--this stage focuses on building a foundation
of safety and regulation. During this stage, the youth will gain basic
knowledge of the TJJD stage objectives and requirements for program
completion. The youth attends the foundational skills development
groups and participates in individual sessions with the case manager
to develop an assessment of risk and protective factors. To determine
whether youth have completed this stage, youth are assessed on factors
including:
(A) reviewing the youth's own unique risk and protective
factors with the case manager;
(B) discussing the youth's progress toward goals with
staff;
(C) working on case plan objectives with the case
manager; and
(D) participating in the following other areas of programming:
(i) treatment and intervention activities;
(ii) academic and workforce development programs; and
(ii) application of learned skills in daily behavior.
(2) Stage 2--this stage focuses on healthy connection
and the ability to make repairs after relational harm. Youth on this
stage are moving beyond the pre-contemplation stage of change to accept
that changes are needed to improve their ability to be successful
in the future. To determine whether youth have completed this stage,
youth are assessed on factors including:
(A) exploring personal risk and protective factors,
including those related to TJJD commitment;
(B) sharing plans for community reintegration with
the youth's family, community supports, or adult mentor;
(C) exploring patterns in thoughts, feelings, attitudes,
beliefs, and values;
(D) making progress towards personalized goals;
(E) presenting and discussing the youth's progress
with the youth's treatment team;
(F) completing case plan objectives; and
(G) participating in other areas of programming as
described in paragraph (1)(D) of this subsection.
(3) Stage 3--this stage focuses on taking responsibility
and making prosocial decisions. Youth on this stage are preparing
to move into the action stage of change through continued acknowledgment
of the need to change and planning for their future. To determine
whether youth have completed this stage, youth are assessed on factors
including:
(A) demonstrating a reduction in risk factors and an
increase in protective factors;
(B) taking responsibility for behaviors leading to
commitment;
(C) completing case plan objectives; and
(D) participating in other areas of programming as
described in paragraph (1)(D) of this subsection.
(4) Stage 4--this stage focuses on demonstrating and
practicing learned skills for youth. The purpose of this stage is
demonstrating independence through application of treatment concepts
and skills learned in earlier stages. This stage is considered the
second-highest stage for purposes of eligibility for transition under §380.8545
of this chapter. To determine whether youth have completed this stage,
youth are assessed on factors including:
(A) demonstrating continued reduction in risk factors
and increase in protective factors;
(B) identifying new thoughts, feelings, attitudes,
beliefs, and values that might increase success in the community;
(C) completing case plan objectives; and
(D) participating in other areas of programming as
described in paragraph (1)(D) of this subsection.
(5) Rehabilitative stages completion status--this designation
indicates that a youth has completed stage 4 and is considered the
highest stage for purposes of program completion under §380.8555
and §380.8559 of this chapter. Youth are in the maintenance stage
of change and will be given the opportunity to demonstrate and apply
learned skills. Youth are expected to participate in other areas of
programming as described in paragraph (1)(D) of this subsection.
(g) Stage Assessment upon Return to a High- or Medium-Restriction
Facility or upon New Commitment. A youth is reassessed and placed
on the most appropriate stage for the youth's current behavior and
progress in the rehabilitation program when the youth is:
(1) returned to a high-restriction facility for disciplinary
reasons through a Level II due process hearing;
(2) returned to a high- or medium-restriction facility
for disciplinary reasons through a Level I due process hearing; or
(3) recommitted to TJJD for a new offense.
|
| Source Note: The provisions of this §380.8703 adopted to be effective September 1, 2009, 34 TexReg 5543; amended to be effective July 1, 2011, 36 TexReg 3597; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective September 16, 2012, 37 TexReg 7196; amended to be effective December 1, 2014, 39 TexReg 9257; amended to be effective May 1, 2022, 47 TexReg 2294; amended to be effective May 19, 2023, 48 TexReg 705 |
