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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 11TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 380RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES
SUBCHAPTER CPROGRAM SERVICES
DIVISION 4HEALTH CARE SERVICES
RULE §380.9195Pregnancy and Abortion

(a) Purpose. The purpose of this rule is to establish the agency's role in managing a pregnant youth committed to Texas Youth Commission (TYC). New commitment, recommitment, or revocation of a female in her seventh month of pregnancy is not encouraged by TYC. Committing counties are encouraged to make arrangements for the youth's care until delivery of the child.

(b) In recognition of the high-risk nature of adolescent pregnancy and the importance of immediate prenatal care, all female youth receive a pregnancy test on admission to TYC.

(c) The agency shall provide regular prenatal and post-natal care to pregnant youth. This care includes medical examinations, appropriate activity levels, safety precautions, and nutrition. If a pregnant youth is determined to be chemically dependent through the assessment process at the time of admission, the youth will receive appropriate care for the high-risk pregnancy in order to manage any medical complications of the youth or her child associated with the addiction.

(d) A youth who is committed, recommitted or had parole revoked during pregnancy will be placed appropriate to risk and need as determined by TYC centralized placement. Youth will be provided counseling and assistance in planning for the care of their unborn child after delivery. Youth are not allowed to house their children in TYC operated facilities.

(e) Therapeutic measures may be required in instances of imminent or inevitable abortion, incomplete abortion, or missed abortion. Surgical procedures may be required to terminate the pregnancy to preserve life of the mother. Termination will be allowed as a therapeutic measure when necessary; however, a written documentation of need must be provided by two physicians. Written documentation may be provided by the facility physician and an obstetrician or family practitioner.

(f) TYC will neither provide funds for nor allow contract medical providers to perform an induced abortion, solely for the purpose of terminating a normal pregnancy, on any female committed to the TYC.

(g) Upon request, TYC personnel may direct a youth requesting abortion services to available resources. The youth or youth's parent/guardian will be responsible for arranging appointments and paying for all services related to the abortion.


Source Note: The provisions of this §380.9195 adopted to be effective December 31, 1996, 21 TexReg 12185; amended to be effective February 20, 1998, 23 TexReg 1115; amended to be effective June 21, 1999, 24 TexReg 4466; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639

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