| (a) Purpose. This rule provides for a protective custody
program for the temporary placement of youth who are determined to
be at risk of serious harm to themselves.
(b) Applicability. This rule applies only to high-restriction
facilities operated by the Texas Juvenile Justice Department (TJJD).
(c) Definitions. Definitions pertaining to this rule
are in §380.9187 of this chapter.
(d) General Provisions.
(1) The protective custody program is administered
in the security unit. Unless otherwise noted in this rule, all standard
service delivery and programming requirements in §380.9740 of
this chapter must be followed while the youth is in the security unit.
(2) Protective custody is used only as a last resort
when a mental health professional determines that a youth cannot be
safely managed in the youth's assigned living unit and no appropriate
less restrictive placements are immediately available. Protective
custody is used only as a temporary placement until the youth can
be safely returned to the youth's assigned living unit or until another
appropriate housing or facility assignment can be arranged.
(3) Unless otherwise noted in this rule, youth in protective
custody are monitored, assessed, and treated in accordance with requirements
in §380.9188 of this chapter.
(e) Referral for Placement in Protective Custody.
(1) Only a mental health professional may authorize
the referral of a youth to the security unit for possible placement
in protective custody. The referral may be made only:
(A) after a trained designated staff member completes
a suicide risk screening, as described in §380.9188 of this chapter,
and the mental health professional has consulted with the staff member
concerning the results of the screening; and
(B) if the mental health professional determines that
the youth is in imminent risk of serious self-injury and cannot be
safely managed in the youth's assigned living unit.
(2) The youth may be held in the security unit on referral
for up to four hours, pending the completion of a suicide risk assessment
by a mental health professional. The youth is placed on at least constant
observation until the assessment. Doors must not be locked while the
youth is awaiting the assessment unless the youth presents an imminent
danger to staff due to aggressive behavior. In such cases, doors may
be locked in accordance with subsection (g)(2) of this section.
(3) When a youth is referred to a security unit, the
youth's suicide observation folder is transferred to the security
unit staff, who continues documenting the youth's status at the required
interval.
(f) Admission Criteria. Only a mental health professional,
in consultation with the facility's designated mental health professional,
may admit a youth to protective custody. A youth may be placed in
protective custody only if the mental health professional has conducted
a suicide risk assessment and the mental health professional has determined
that:
(1) based on the youth's actions, statements, or mental
status, the youth is a serious and immediate physical danger to self;
and
(2) confinement in the security unit is necessary to
protect the youth from suicidal and/or self-harming behavior, and
there is no less restrictive setting that provides the necessary level
of security and staff supervision.
(g) Program Requirements.
(1) Youth are placed in suicide-resistant rooms. Except
for youth assigned to one-to-one observation, individual room doors
remain locked.
(2) For youth assigned to one-to-one observation, individual
room doors must remain unlocked except when a youth presents an imminent
danger to staff due to aggressive behavior. In such cases, the youth's
room door may be locked if the mental health professional determines
(in consultation with the designated mental health professional) that
locking the door is necessary to manage the youth's aggressive behavior
and still allows adequate supervision to ensure the youth's safety.
(3) In accordance with requirements established in §380.9188
of this chapter, the mental health professional develops an individualized
treatment plan that identifies crisis stabilization issues to be addressed
and includes a plan of action to address the issues.
(4) The mental health professional conducts an assessment
of the youth at least once every 24 hours while the youth is admitted
to the protective custody program. As part of the assessment, the
mental health professional must determine whether the youth continues
to be a serious and immediate physical danger to self and whether
continued confinement is necessary to prevent self-harm.
(5) At least once every 48 hours following the youth's
admission to protective custody, the designated mental health professional
reviews the documentation relating to protective custody, including
the youth's treatment plan and any other relevant documentation.
(6) A youth may not remain in the protective custody
program for more than 120 hours without written approval from the
director over facility operations or designee after consultation with
and agreement of the director over treatment or designee. This approval
must be obtained for every 24-hour period thereafter.
(h) Review of Admission and Extensions. The security
dorm supervisor or designee reviews each admission and 24-hour extension
decision within one workday to determine if policies and procedures
were followed. If it is determined that a youth is being held in violation
of policy, the security dorm supervisor or designee:
(1) immediately notifies the facility administrator
and the designated mental health professional;
(2) releases the youth from protective custody unless
the facility administrator finds that there was no violation; and
(3) ensures the youth remains on one-to-one observation
until a mental health professional conducts a suicide risk assessment.
(i) Release Criteria. The youth must be released from
protective custody when:
(1) a mental health professional, in consultation with
the designated mental health professional, determines that the youth
may return to the general population with appropriate supervision
and monitoring;
(2) a mental health professional, in consultation with
the designated mental health professional, determines that the youth
meets criteria for transfer to a facility providing specialized mental
health treatment, a TJJD-operated crisis stabilization unit, or a
psychiatric hospital;
(3) an extension request is not approved as provided
in subsection (g)(6) of this section; or
(4) a review of the admission or extension in protective
custody reveals that the youth is being held in violation of policy.
(j) Grievances. The youth may challenge placement in
protective custody by filing a grievance in accordance with §380.9331
of this chapter. The grievance is assigned to the director over treatment
or designee.
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| Source Note: The provisions of this §380.9745 adopted to be effective December 1, 2009, 34 TexReg 8544; 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; amended to be effective August 1, 2023, 48 TexReg 2391 |
