| (a) Purpose. This rule allows for short-term confinement
in a locked room of a youth who meets criteria. Confinement addressed
in this rule is not a disciplinary consequence.
(b) Applicability.
(1) This rule applies to residential facilities operated
by the Texas Juvenile Justice Department.
(2) This rule does not apply to:
(A) a youth being admitted to the Security Program.
See §380.9740 of this title; or
(B) segregation in which doors are not locked. See §380.9520
of this title.
(c) Definitions. Isolation--the condition of confinement
of a youth in a locked room. If the door is not locked, the confinement
is not considered to be isolation. Isolation does not include when
doors are routinely locked (e.g., during sleeping hours) and isolation
has not otherwise been imposed.
(d) Criteria.
(1) A youth may be confined in isolation in cases when
less restrictive interventions have failed and the youth is:
(A) out of control; and
(B) a serious and immediate physical danger to others;
and
(C) not on suicide alert.
(2) Isolation must be in individual youth sleeping
quarters or a room specifically designated for isolation. If the room
is not individual sleeping quarters, the room must:
(A) be heated, cooled, and ventilated;
(B) have a minimum ceiling height of 7.5 feet when
measured from the floor to the lowest point of the ceiling; and
(C) be equipped with a viewing window that allows staff
to observe the youth.
(e) Release.
(1) A youth placed in isolation must be released within
three hours or be referred to the security program.
(2) Isolation must be terminated as soon as a youth
is sufficiently under control so as to no longer pose a serious and
immediate danger to himself/herself or others.
(f) Isolation Requirements.
(1) Staff must visually check youth in isolation at
least once every 15 minutes.
(2) Youth in isolation must receive appropriate psychological
and medical services.
|
| Source Note: The provisions of this §380.9739 adopted to be effective December 31, 1996, 21 TexReg 12190; amended to be effective January 31, 2001, 26 TexReg 773; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective February 15, 2016, 41 TexReg 972 |
