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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 6TEXAS DEPARTMENT OF CRIMINAL JUSTICE
CHAPTER 163COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS
RULE §163.40Substance Abuse Treatment

  (5) The facility shall deliver not less than 25 hours of structured activities per week for each offender, including:

    (A) Ten hours of chemical dependency counseling using a cognitive behavioral approach with no less than one hour of individual counseling;

    (B) Ten hours additional education, counseling, life skills, or rehabilitation activities; and

    (C) Five hours of structured social or recreational activities.

  (6) Counseling and education schedules shall be submitted to the funding entity for approval.

  (7) Each offender shall have an opportunity to participate in physical recreation at least weekly.

  (8) Program staff shall offer chemical dependency education or services to identified significant others.

  (9) The program shall provide each offender with opportunities to apply knowledge and practice skills in a structured, supportive environment. Cognitive behavioral programs shall have a published curriculum identified by the authors to contain cognitive, social, and behavioral elements. Anyone facilitating a cognitive curriculum shall be trained in that specific curriculum. All direct care staff shall receive training on the principles of a cognitive behavioral model as it relates to their job duties. This curriculum shall be approved by the TDCJ CJAD and implemented as designed. Components of the cognitive program shall include, at a minimum:

    (A) Ways to identify thinking patterns; and

    (B) A social skills training component.

(w) Supportive Residential Treatment. Written policies and procedures shall ensure the following:

  (1) All offenders admitted to supportive residential treatment shall have written justification to support their admission, be medically stable, be able to function with limited supervision and support, and be able to participate in work release or community service and restitution programs.

  (2) The program shall have adequate staff to meet treatment needs within the context of the program description, with counselor caseloads not to exceed 20 offenders, unless the program can provide research based evidence in writing to justify a higher caseload size based on the program design, characteristics and needs of the population served, and any other relevant factors.

  (3) There shall be direct care staff alert and on site during all hours of operation. There shall be an appropriate number of direct care staff to provide for the safety and security of the offenders, according to the design of the facility and with the approval of the funding source.

  (4) Counselors shall complete a comprehensive offender assessment and individualized treatment plan within 10 working days of admission for each offender.

  (5) The program shall deliver no less than six hours per week of chemical dependency counseling with a cognitive behavioral approach for each offender, of which one hour per month shall be individual counseling.

  (6) Counseling and education schedules shall be submitted to the funding entity for approval.

  (7) The program design and application shall include increasing levels of responsibility for offenders and frequent opportunities for offenders to apply knowledge and practice skills in structured and unstructured settings. Cognitive behavioral programs shall have a published curriculum identified by the authors to contain cognitive, social, and behavioral elements. This curriculum shall be approved by the TDCJ CJAD and implemented as designed. Anyone facilitating a cognitive curriculum shall be trained in that specific curriculum. All staff shall receive training on the principles of a cognitive behavioral model as it relates to their job duties. Components of the cognitive program shall include, at a minimum:

    (A) Ways to identify thinking patterns; and

    (B) A social skills training component.

(x) Outpatient Treatment. Written policies and procedures shall ensure the following:

  (1) All offenders admitted to outpatient treatment programs shall be medically stable, and have appropriate support systems in the community to live independently with minimal structure.

  (2) The program shall have adequate staff to provide offenders support and guidance to ensure effective service delivery, safety, and security. Staffing patterns shall be submitted to the funding entity.

  (3) The program shall set limits on counselor caseload size to ensure effective, individualized treatment and rehabilitation. Criteria used to set the caseload size shall be documented and approved by the funding entity.

  (4) Didactic groups shall not exceed 35 offenders per group.

  (5) Therapeutic groups shall not exceed 16 offenders per group.

  (6) For offenders in supportive outpatient programs, counselors shall complete a comprehensive offender assessment within 30 calendar days of admission.

  (7) For offenders in intensive outpatient programs, counselors shall complete a comprehensive offender assessment within 10 calendar days of admission.

  (8) Intensive outpatient programs shall deliver no less than six hours per week of chemical dependency counseling with a cognitive behavioral approach.

  (9) Supportive outpatient programs shall deliver no less than two hours per week of chemical dependency counseling.

  (10) Each offender's progress shall be assessed regularly by clinical staff to help determine the length and intensity of the program.

  (11) Counseling and education schedules shall be submitted to the funding entity for approval.

  (12) The program design and application shall include increasing levels of responsibility for offenders and frequent opportunities for offenders to apply knowledge and practice skills in structured and unstructured settings.

  (13) The outpatient treatment stages may be used for residents in the work release phase of any residential substance abuse treatment program.

(y) Special Needs Populations. Written policies and procedures shall ensure the following:

  (1) Programs that address the special mental health, intellectual capacity, or medical needs of offenders shall provide appropriate treatment either by program staff or through contracted services.

  (2) Admission to a special needs program shall be based on a documented mental health, intellectual capacity, or medical need.

  (3) When the assessment process indicates that the offender has coexisting disabilities and disorders, the treatment plan shall specifically address those issues that might impact treatment, recovery, relapse, and recidivism.

  (4) Personnel qualified in the treatment of coexisting disabilities and disorders shall be available as needed.

  (5) Within 96 hours of admission to a special needs residential program, an offender shall be administered a medical and psychological evaluation.

  (6) Within 10 days of admission to a residential program for special needs offenders, the program administrator or designee shall contact the Texas Correctional Office on Offenders with Medical or Mental Impairments (TCOOMMI) regarding the offender's status. As soon as a discharge date is projected, TCOOMMI shall be notified in writing of plans for a continuum of care after discharge, regardless of whether or not the discharge is for successful completion of the program.

  (7) Residential facilities providing services for special needs populations shall have procedures to provide access to health care services, including medical, dental, and mental health services, under the control of a designated health authority. When this authority is other than a physician, final medical judgments shall rest with a single designated responsible physician licensed by the state.

    (A) Services and treatment shall be directed toward maximizing the functioning and reducing the symptoms of offenders.

    (B) There shall be written policies and procedures regarding the delivery and administration of prescription and nonprescription medication that provide for:

      (i) Conformity with state regulations;

      (ii) Documentation of the rationale for use and goals of service and treatment consistent with the individual treatment plan;

      (iii) Documentation of the administration of medications, medication errors, and drug reactions; and

      (iv) Procedures to follow in case of emergencies.

  (8) There shall be procedures for documenting that the offender has been informed of medication management procedures.

  (9) Offenders shall be actively involved in decisions related to their medications.

  (10) Programs for special needs offenders shall follow the same staffing for treatment levels as the levels for other offenders, except all residential programs shall maintain caseloads of no greater than 16 offenders for each counselor.

Cont'd...

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