| (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. This rule applies only to 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 title:
(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; or
(J) 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 title or based
on a pattern of rule violations that suggests the youth would benefit
from the program.
(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
continue to sleep at their assigned dorm but other activities are
conducted at the site of the program.
(B) A Level II hearing is not required for placement
at this level of intervention. However, designated treatment and direct-care
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 title;
(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 title;
(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.
(6) TJJD shall make reasonable efforts to provide notice
to the parent/guardian that the child is being considered for placement
in the intervention program or for moving to a different level of
the program.
(g) Additional Considerations for Youth Receiving Special
Education Services.
(1) If a youth who is receiving special education services
engages in a rule violation during school-related activities and that
violation is the basis for placement or potential placement in the
intervention program, the requirements of the Individuals with Disabilities
Education Act, including a manifestation determination review when
required, must be met. TJJD's procedural manuals shall include specific
instructions for compliance and shall include a routine review to
ensure the requirements are met.
(2) All special education services shall be provided
in accordance with ARD committee decisions. For youth who are eligible
to participate in special education services, an ARD committee meeting
to review the IEP is held within ten days after admission to the intervention
program. Subsequent ARD committee meetings and evaluations are completed
in compliance with state and federal regulations.
(h) Program Requirements.
(1) The intervention program is administered in units
designated for such purpose. Each level may be administered in a different
unit.
(2) A structured daily schedule is maintained and posted
to provide a predictable and safe environment.
(3) On scheduled academic days, youth shall be provided
with the amount of education services established by the approved
master schedule for the regular school program.
Cont'd... |
