| (a) Purpose. This rule establishes the procedures for
staff intervention when youth behavior threatens safety and order.
(b) Applicability.
(1) This rule applies to all facilities, offices, and
programs operated by the Texas Juvenile Justice Department (TJJD),
unless specifically stated otherwise in this rule.
(2) This rule does not apply to peace officers employed
and commissioned by TJJD or by the TJJD Office of Inspector General.
(3) This rule does not apply to the use of four-point
mechanical restraints for medical or mental health purposes. See §380.9198
of this title.
(c) General Provisions.
(1) Non-physical interventions are preferred and must
be used to the extent practical to manage youth behavior.
(2) TJJD authorizes its staff to use reasonable force
as a last resort to maintain safety and order. Only staff who are
trained in agency-approved techniques are authorized to use force.
(3) The use of force as punishment or for convenience
of staff is strictly prohibited.
(4) Approved use of force techniques are those determined
by TJJD to minimize risk of harm to youth and staff.
(5) Staff must release youth from manual or mechanical
restraint as soon as the purpose for the restraint has been achieved.
(6) If a staff member observes a use of force in violation
of policy, he/she must take action, as practical, to protect the youth
from harm.
(7) Staff must report any violations of this policy
as soon as possible, but no later than the end of the current shift.
(8) Violations of this policy may result in disciplinary
action up to and including termination of employment.
(9) After any manual restraint or use of oleoresin
capsicum (OC) spray in a high restriction facility, a youth must be
assessed by medical staff as soon as reasonably possible under the
totality of the circumstances. After any manual restraint in a medium
restriction facility, medical staff must be consulted as soon reasonably
possible. Any injuries must be documented in the medical record along
with an explanation from the youth describing how the injuries occurred.
Photographs must be taken of all injuries.
(10) Only restraint equipment approved by the executive
director or his/her designee may be used in TJJD facilities. All restraint
equipment must be used in a manner consistent with its design and
intended purpose.
(11) Only the facility administrator, staff having
authority to act as the facility administrator, or a higher-level
authority in the facility administrator's chain of supervision may
declare that a particular situation is a riot, consistent with the
definition of a riot.
(d) References.
(1) For procedures and programs designed to allow youth
time to regain self-control, see §§380.9520, 380.9739, and
380.9740 of this title.
(2) For criteria and procedures on administering a
psychotropic drug in a psychiatric emergency when a youth will not
give consent for the administration, see §380.9192 of this title.
(3) For procedures relating to youth searches, see §380.9709
of this title.
(e) Definitions.
(1) Barricade--any of the following, if used by a youth
to prevent and/or obstruct staff from gaining access to the youth:
a locked, jammed, or blocked door, dorm furniture, boxes, desks, chairs,
computers, folding tables, stacked mattresses, or any other similar
item that obstructs passage.
(2) Handle With Care®--an agency-trained physical
intervention system.
(3) Imminent Harm--a reasonable belief that harm to
persons or property is about to occur, unless immediate action is
taken.
(4) Medical Provider--has the meaning assigned by §380.9175
of this title.
(5) Positional Asphyxia--the reduction in oxygen in
the bloodstream and tissues due to an impairment of a person's respiratory
system caused by body positioning or the application of external weight/pressure.
(6) Practical--a reasonable belief that something is
capable of being done.
(7) Reasonable Belief--a belief that would be held
by a similarly trained staff considering the totality of the circumstances.
(8) Reasonable Force--the least amount of force that
a trained staff, in like circumstances, would reasonably believe to
be necessary to maintain order and safety as authorized under this
rule.
(9) Serious Bodily Injury--an injury that creates a
substantial risk of death, serious permanent disfigurement, or extended
loss or impairment of the function of any bodily member or organ.
(10) Substantial Property Damage--at least $500 in
damage to state property or another's personal property.
(11) Totality of the Circumstances--facts and circumstances
known by the actor at the time of the incident.
(12) Use of Force--physical measures used to direct,
compel, or restrain bodily movement of a non-compliant youth.
(13) Riot--a situation in which three or more youths
intentionally participate in conduct that threatens imminent harm
to persons or property and that substantially obstructs the performance
of facility operations or a program therein.
(f) Non-Physical Interventions. Alternatives to force
must be used whenever practical to assist a youth in maintaining or
regaining self-control. Staff are prohibited from using humiliating
punishment, including verbal harassment to manage youth behavior.
Staff are trained in the use of the following non-physical intervention
techniques:
(1) Staff presence--this includes mere presence of
staff to include non-verbal gestures made with eyes, hands, head,
or body utilizing proximity, standing, eye contact and/or facial expressions;
and/or involving additional staff to intervene.
(2) Verbal de-escalation--this includes verbal prompting,
directive statements, and redirecting youth attention and/or behavior.
(3) Use of problem-solving groups.
(g) Physical Interventions. When reasonable force is
necessary, staff are authorized to use the following methods:
(1) Physical Escort--touching of the arm, elbow, shoulder,
or back for the purpose of directing the youth from one location to
another.
(2) Mechanical Restraint--use of a mechanical device
applied to a youth as a means of restricting a youth's freedom of
action.
(3) Manual Restraint--use of hands-on techniques as
a means of restricting a youth's freedom of action.
(4) Planned Team Restraint--restraint of a youth who
is in a locked or barricaded room or security vehicle by a pre-assembled
team.
(5) OC Spray--oleoresin capsicum spray, also known
as pepper spray. Oleoresin capsicum is a mixture of essential oil
and resin found in nature and derived from any plant of the genus
capsicum, such as jalapeño, cayenne, or habanero.
(h) Criteria for Use of Force. Except as otherwise
indicated in this rule, reasonable force is authorized under the following
circumstances:
(1) protection of youth from imminent self-harm;
(2) protection of self from imminent harm;
(3) protection of other youth or third parties from
imminent harm;
(4) protection of property from imminent, substantial
damage;
(5) prevention of escape or fleeing apprehension;
(6) movement of a youth referred to the security unit,
other temporary isolation room, or alternative classroom;
(7) movement of a resistant youth within the security
unit when the youth's behavior is substantially disruptive and the
youth refuses to stop the behavior;
(8) movement of a resistant youth from a dangerous
situation;
(9) to conduct a search of a resistant youth reasonably
believed to be in possession of a weapon, an item that can be adapted
for use as a weapon, a controlled substance, or other item(s) that
breech the security of the facility;
(10) to conduct a search of a resistant youth entering
the security unit; or
(11) to administer medical treatment to a resistant
youth when failure to do so could have serious health implications
and a medical provider has ordered a restraint.
(i) Determining the Intervention or the Reasonable
Force to be Used. In determining the type of intervention or the reasonable
force to be used, staff must consider whether action needs to be taken
immediately or can be delayed until additional staff can organize
a team response. However, only a medical provider may determine the
type of intervention or the reasonable force to be used in administering
medical treatment to a resistant youth.
Cont'd... |
