| (a) Purpose. This rule establishes the basic principles
on which the Texas Juvenile Justice Department (TJJD) operates its
behavior management system.
(b) General Provisions. TJJD's behavior management
system uses positive reinforcement as well as appropriate interventions
and consequences to promote a system of positive behavior that meets
expectations. The system is designed to:
(1) maintain order and security;
(2) promote safety, respect for self and others, fairness,
and protection of rights;
(3) provide constructive discipline and a system of
incentives and consequences to encourage youth to meet expectations
for behavior;
(4) provide opportunities for positive reinforcement
and recognition for accomplishments and positive behaviors;
(5) promote prosocial means for youth to meet their
needs;
(6) promote constructive dialogue and peaceful conflict
resolution;
(7) minimize separation of youth from the general population;
and
(8) limit the need to use force when responding to
youth behavior.
(c) Positive Reinforcement System.
(1) Each facility must establish a system for:
(A) assigning privileges based on the youth's progress
in the rehabilitation program; and
(B) earning incentives for positive behavior that are
not tied to the youth's progress in the rehabilitation program.
(2) The specific privileges and incentives offered
may vary between facilities. The system must be developed in a manner
that considers youth interests and includes age-appropriate, gender-responsive,
and gender-neutral options.
(3) Youth may be subject to a loss of privileges and
incentives based on behavior.
(d) Engagement Strategies.
(1) Staff members address dysregulated behavior by
progressively applying the most appropriate engagement strategies.
Engagement strategies are designed to promote prosocial skills that
reduce risk of continued dysregulation and contribute to positive
decision making.
(2) Staff members determine which strategies are employed
based on their knowledge of the current situation and the youth involved.
Strategies include, but are not limited to, the following:
(A) verbal prompts;
(B) assisting youth to regulate their behavior;
(C) use of calming rooms/spaces;
(D) discussion with staff;
(E) discussion with peer group;
(F) completion of an assignment designed to assist
youth in processing behaviors and promote prosocial means for youth
to meet their needs;
(G) movement to a designated area within the educational
setting to refocus behavior and discuss strategies for success in
the classroom; and
(H) referral to the security unit.
(e) Disciplinary Consequences.
(1) Disciplinary consequences are issued with the goal
of imposing only the least restrictive consequences that are effective
in correcting the dysregulated behavior and promoting safety and order.
Where feasible and appropriate, the consequences are directly related
to the nature and seriousness of the violation. Extenuating circumstances
of the violation are considered. See §380.9503 and §380.9504
of this title for procedures relating to issuing disciplinary consequences.
(2) Youth are made aware of rules and disciplinary
consequences through verbal instruction and written documents.
(3) No disciplinary consequences may be imposed except
in accordance with the provisions of this subchapter.
(4) The following are prohibited as consequences:
(A) corporal or unusual punishment;
(B) subjecting a youth to humiliation, harassment,
or physical or mental abuse;
(C) subjecting a youth to personal injury;
(D) subjecting a youth to property damage or disease;
(E) punitive interference with the daily functions
of living, such as eating or sleeping;
(F) purposeless or degrading work, including group
exercise as a consequence;
(G) disciplinary isolation; and
(H) extending a youth's stay in a TJJD facility.
(5) Youth are not permitted to impose disciplinary
consequences against other youth. Youth or groups of youth are not
given control or authority over other youth.
(6) Consequences are applied on an individual basis
and only for a youth's own action or failure to act when responsible
for doing so. Group discipline is prohibited. Actions taken for the
purpose of maintaining safety and security (e.g., temporary lockdown
to locate a missing tool, dorm activity restriction to address deteriorating
dorm culture) are not considered group discipline.
(7) Disciplinary consequences shall not deny youth
the following:
(A) regular meals (from the established menu) or snacks;
(B) sufficient sleep;
(C) physical exercise;
(D) mail;
(E) contact through visitation or telephone with parents,
attorneys, or personal clergy;
(F) legal assistance;
(G) medical attention;
(H) mental health services;
(I) educational services; or
(J) religious services.
(8) More than one disciplinary consequence may be imposed
for the same rule violation if:
(A) the criteria and conditions for the imposition
of each disciplinary consequence are met; and
(B) the appropriate level of due process is provided
based on the most severe of the disciplinary consequences imposed.
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