| (a) Purpose. The purpose of this rule is to establish
the minimum supervision requirements for youth assigned to high restriction
facilities who are authorized to leave facility grounds.
(b) Applicability.
(1) This rule applies only to youth placed in TJJD-operated
high restriction facilities.
(2) This rule does not apply to youth assignments to
a conditional placement. See §380.8545 of this title.
(c) Definitions.
(1) Custody and Supervision Rating (CSR)--a rating
which determines whether youth will be permitted to participate in
off-campus activities and the level of required staff supervision
for such activities.
(2) Staff supervision--refers to supervision provided
by a sole-supervision certified TJJD employee. See §380.9951
of this title for the definition of sole-supervision. The proportion
of juvenile correctional officer staff included in the staff supervision
team will be appropriate to the type of activity and number of youth
participating.
(d) General Provisions.
(1) Each off-campus activity must be approved on a
case-by-case basis for each youth.
(2) Youth may be subject to criteria in addition to
the CSR in order to qualify for participation in off-campus activities.
(e) Calculation of the Custody and Supervision Rating.
A CSR of high, medium, or low is calculated for each youth using several
factors, such as:
(1) the severity of the committing offense;
(2) the youth's delinquent history prior to commitment
to TJJD;
(3) the youth's runaway/escape history;
(4) the youth's recent performance and behaviors; and
(5) the length of time the youth has been in a secure
residential placement.
(f) Supervision Ratios.
(1) A youth with a high CSR is not permitted to leave
the grounds except for necessary healthcare services or emergencies.
Constant supervision is provided at a ratio of at least two staff
members for one youth, or at least one staff member for one youth
if the youth is in mechanical restraints.
(2) A youth with a medium CSR may leave the grounds
for approved activities. Constant supervision is provided at a ratio
of at least one staff member for one youth.
(3) A youth with a low CSR may leave the grounds for
approved activities with or without direct staff supervision. For
group activities, supervision is provided at a ratio of at least one
staff member for every four youth.
(4) At least two staff members are required for any
staff-supervised off-campus activity, even if the supervision ratio
would allow for one staff member.
(g) Waivers.
(1) A waiver of a youth's CSR must be based on a recommendation
by the youth's multi-disciplinary team that participation in the off-campus
activity would promote progress in the youth's rehabilitation and/or
community reintegration.
(2) The facility administrator may grant a waiver to
reduce a youth's CSR by one level. However, the facility administrator
may not grant a waiver if the youth:
(A) is placed under detainer by another jurisdiction;
(B) is serving an extension length of stay;
(C) has been released from the Redirect program within
the last 90 days;
(D) has had a Level II hearing (see §380.9555
of this title) proven true for a major rule violation that occurred
within the last 90 days;
(E) has had his/her parole revoked; or
(F) has ever escaped from a high restriction TJJD facility.
(3) The division director over residential services
or his/her designee may grant a waiver of any youth's CSR by up to
two levels.
|
| Source Note: The provisions of this §380.9707 adopted to be effective December 31, 1996, 21 TexReg 12190; amended to be effective February 1, 1999, 24 TexReg 589; amended to be effective September 1, 2010, 35 TexReg 7450; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2014, 39 TexReg 9263 |
