| (III) display symptoms or difficulties with adaptive
behavior as a result of abuse or trauma.
(ii) This level of treatment need is not the result
of a conduct disorder, oppositional defiant disorder, or similar impulse
control/behavioral disorders and is not the result of intoxication
or withdrawal from drugs.
(iii) Youth with this level of treatment need are placed
in an agency facility offering the necessary clinical and/or psychiatric
support. Youth identified with a history of abuse or trauma are offered
interventions specific to the trauma to help maintain their ability
to function and participate in programming.
(D) Low Need--includes youth who require only periodic
mental health services, regardless of whether the youth have a mental
health diagnosis, or regular psychiatric services. For youth with
a psychiatric diagnosis, the assessment of adaptive functioning is
consistent with the level of impairment noted.
(E) None--includes youth who do not require follow-up
services from mental health or psychiatric providers, regardless of
whether the youth have a mental health diagnosis.
(3) Intellectual Disability. The diagnosis of intellectual
disability is made by mental health staff based on the results of
a culturally validated assessment of cognitive functioning, mental
abilities, reasoning, problem solving, abstract thinking, and adaptive
behavior as defined in the latest edition of the DSM. Based on this
diagnosis, each youth is assigned a need level for intellectual disability
services. Youth are assigned to the placement that is best suited
to meet the youth's individual treatment needs.
(A) High Need--includes youth diagnosed with moderate
or severe intellectual disability who have corresponding deficits
in intellectual and adaptive functioning.
(B) Moderate--includes youth diagnosed with mild intellectual
disability who have a co-occurring mental health treatment need of
moderate or low.
(C) Low Need--includes youth diagnosed with mild intellectual
disability who have no co-occurring mental health treatment needs.
(D) None--includes youth who have no diagnosis of intellectual
disability.
(4) Sexual Behavior. The sexual behavior treatment
need assessment is provided by a psychologist, mental health professional,
or licensed sex offender treatment provider through a clinical interview
and an agency-approved juvenile sexual offender assessment instrument.
The assessment is provided for youth who have been adjudicated for
a sex offense or who have a documented history of sexually inappropriate
behavior. Based on this assessment, each youth is assigned a need
level for sexual behavior treatment services.
(A) High Need--includes youth who receive an assessment
rating of high need for sexual behavior treatment based on the results
of the clinical interview and the agency-approved juvenile sexual
offender assessment instrument. Youth with this level of treatment
need are assigned to participate in an intensive sexual behavior treatment
program.
(B) Moderate Need--includes youth who receive an assessment
rating of moderate need for sexual behavior treatment based on the
results of the clinical interview and the agency-approved juvenile
sexual offender assessment instrument. Youth with this level of treatment
need are assigned to participate in a moderate-intensity sexual behavior
treatment program.
(C) Low Need--includes youth who receive an assessment
rating of low need for sexual behavior treatment based on the results
of the clinical interview and the agency-approved juvenile sexual
offender assessment instrument. Youth with this level of treatment
need are assigned to participate in a psychosexual education curriculum.
(D) None--includes youth who have no assessed need
for sexual behavior treatment.
(5) Capital and Serious Violent Offender. A psychologist
or mental health professional makes a determination of need for capital
and serious violent offender treatment for any youth who was found
by a court or a Level I due process hearing to have engaged in conduct
that resulted in the death of or serious bodily injury to a person
or involved using or exhibiting a deadly weapon and any youth referred
by a mental health professional based on a reasonable belief the youth
is in need of capital and serious violent offender treatment. The
determination is based on the youth's offense history and clinical
assessment of the youth's need for specialized treatment intervention.
(A) High Need--youth are assigned to participate in
an intensive capital and serious violent offender program.
(B) Medium Need--youth are assigned to participate
in a moderate-intensity program designed to address aggression and
violent behavior issues.
(C) Low Need--youth are assigned to participate in
a psycho-educational anger management supplemental curriculum.
(D) None--includes youth who are assessed as not having
a significant risk related to violent offending or behavior.
(6) Substance Use Services. All youth are screened
to determine if they should be assessed for a need for substance use
services. Those who need further assessment are assessed and diagnosed
by mental health staff or a chemical dependency counselor using the
latest edition of the DSM. Based on a clinical interview and the results
of an agency-approved, comprehensive assessment instrument, each youth
is assigned a need level for substance use services.
(A) High Need--includes youth with a diagnosis of substance
use disorder and a high-intensity substance-use-services treatment
need based on the results of an agency-approved assessment instrument.
Youth with this level of treatment need are assigned to participate
in an intensive substance-use-services treatment program.
(B) Moderate Need--includes youth with a diagnosis
of substance use disorder and a moderate-intensity substance-use-services
treatment need based on the results of an agency-approved assessment
instrument. Youth with this level of treatment need are assigned to
participate in a moderate-intensity substance-use-services treatment
program.
(C) Low Need--includes youth with any identified substance
use history or risk that does not rise to the diagnostic level of
substance use disorder. Youth with this level of treatment need are
assigned to participate in a psycho-educational substance-use-services
program.
(D) None--includes youth who have no history of substance
use or risk of use.
(f) Requirement to Complete Specialized Treatment.
(1) This subsection applies only to youth who are assessed
as having a high or moderate treatment need in the following treatment
areas: sexual behavior, capital and serious violent offender, or substance
use services. This subsection does not apply to youth assigned to
complete psycho-educational supplemental curricula in these treatment
areas.
(2) For purposes of §§380.8545, 380.8555,
and 380.8559 of this chapter, participation in or completion of assigned
specialized treatment programs means:
(A) the youth has completed assigned specialized treatment
programs; or
(B) a designee of the executive director with appropriate
expertise determines that the youth has made sufficient progress toward
treatment goals or that the goals can be addressed in a non-high-restriction
setting.
(3) This subsection does not apply to decisions made
by the Release Review Panel under §380.8557 of this chapter.
(g) Individual Exceptions.
(1) The requirement to complete specialized treatment
as described in subsection (f) of this section may be waived if the
division director over specialized treatment or designee determines
that the youth is unable to participate in the assigned specialized
treatment program due to a medical or mental health condition or due
to an intellectual disability.
(2) Each youth's individual circumstances are considered
when determining the most appropriate type of specialized treatment
intervention to assign. A youth may be assigned or reassigned to a
specialized program designated for a higher or lower need level than
the youth's assessed need level for any reason deemed appropriate
by the division director over specialized treatment or designee.
(3) The executive director or designee may make exceptions
to provisions of this rule on a case-by-case basis, based on a consideration
of the youth's best interests and public safety.
(4) The justification for any individual exceptions
granted under this subsection must be documented.
(h) Specialized Aftercare. Youth will be provided specialized
aftercare as needed and as available.
|
| Source Note: The provisions of this §380.8751 adopted to be effective September 1, 2009, 34 TexReg 5543; amended to be effective November 1, 2011, 36 TexReg 7170; 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 9257; amended to be effective May 19, 2023, 48 TexReg 705 |
