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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 11TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 380RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES
SUBCHAPTER EBEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE
DIVISION 1BEHAVIOR MANAGEMENT
RULE §380.9510Intervention Program

  (4) Youth with limited English proficiency shall be provided with appropriate adaptations to the educational program as recommended by the Language Proficiency Assessment Committee.

  (5) An individual plan shall be developed or modified for each youth. The plan shall be written in a language the youth clearly understands. The plan shall address the reasons for admission to the program, including providing strategies for intervention and prevention of the admitting behavior, include a component that addresses transition to the general campus population, and provide clearly written objectives for completion of the program. The plan shall also take into consideration any recommendations by a mental health specialist to address the motivation for the behavior.

  (6) TJJD procedural manuals will set out how the individual plan and youth's progress will be reviewed and evaluated. This review shall occur at least once every seven days.

  (7) Youth in the moderate and intensive levels of the intervention program are provided daily contact and weekly individual sessions with the assigned case manager or other designated staff for counseling and case management services.

  (8) Staff shall immediately refer a youth to a mental health professional if concerns exist as to the youth's mental health status.

  (9) Youth shall be provided with at least one hour of large-muscle exercise seven days per week.

  (10) Youth are allowed phone calls and visitation with approved family members and other individuals according to program visitation procedures.

  (11) A youth in the moderate level of the program:

    (A) earns privileges based on progress through the program;

    (B) shall be gradually reintegrated into campus programming as soon as he/she demonstrates comprehension of the goals established in the individual plan; and

    (C) shall receive weekly mental health status exams by mental health staff as long as the youth's movement and program activities are restricted to the program unit. If deemed necessary by mental health staff, youth shall receive psychological counseling. Psychological counseling will be at the frequency determined appropriate by the mental health professional providing the counseling.

  (12) A youth in the intensive level of the program:

    (A) earns privileges based on progress through the program; and

    (B) shall receive weekly mental health status exams by mental health staff. If deemed necessary by mental health staff, youth receive psychological counseling. Psychological counseling will be at the frequency determined appropriate by the mental health professional providing the counseling.

  (13) For youth assigned to the primary and moderate levels, staff not assigned to the intervention program shall review each youth's progress at least once every 30 days to ensure the individual plan is being implemented appropriately.

  (14) For youth assigned to the intensive level, staff not assigned to the intervention program shall review each youth's progress when the youth has been at that level for 60 days and every 30 days thereafter to ensure the individual plan is being implemented appropriately.

  (15) A youth may remain in the moderate level of the program for more than 90 days only if approved by the executive director or designee.

  (16) A youth may remain in the intensive level of the program for more than 120 days only if approved by the executive director or designee.

  (17) In all levels of the program, mechanical restraints may be used in a manner consistent with the use of such restraints as provided by §380.9723 of this title. In the intensive level of the program only, mechanical restraints may also be used in a manner consistent with the use of such restraints in a security unit as provided by §380.9723 of this title.

(i) Room Isolation and Security Unit.

  (1) Youth may be referred to the security program while assigned to the intervention program if the youth meets criteria in §380.9740 of this title. A security unit and program may be operated at the location of each level of the intervention program.

  (2) Room isolation may be used as necessary in accordance with §380.9739 of this title.

(j) Criteria for Release from the Intervention Program. A youth shall be released from the intervention program upon the earliest of the following events:

  (1) a determination by the executive director or designee that the youth has:

    (A) met the goals in his/her individual plan; and

    (B) based on a totality of circumstances, demonstrated an ability to safely transition to campus programming; or

  (2) a decision by the executive director or designee to return the youth to the youth's assigned dorm or transfer to an alternative placement based on a recommendation by a mental health professional due to the youth's mental health condition; or

  (3) a decision by appropriate staff not to continue the youth in the intervention program after an administrative transfer of the youth to another high-restriction facility while assigned to the intervention program.

(k) Family Notification. The youth's parent/guardian shall be notified of the decision to place the youth in the intervention program no later than the end of the next business day following the day the decision was made. In accordance with §380.8705 of this title, the notification may occur only with the youth's consent if the youth is 18 years of age.

(l) Program Monitoring and Youth Rights.

  (1) To ensure the intervention program is being implemented according to the provisions of this rule, staff from facility administration shall visit each program unit seven days per week. Staff from psychology administration shall visit each program unit weekly.

  (2) Youth rights staff or a designee shall visit each program unit seven days per week to ensure that youth have access to the youth grievance system.

  (3) Staff are not required to visit a program unit on days when there are no youth in that unit.

(m) Grievance Regarding Assessment of Progress. A youth in the intervention program may address disagreement with the results of an assessment of progress or may address the lack of opportunity to demonstrate completion of requirements by filing a grievance in accordance with §380.9331 of this title. The person assigned to respond to the youth's grievance may not be a person involved in the subject of the youth's grievance.


Source Note: The provisions of this §380.9510 adopted to be effective May 19, 2023, 48 TexReg 705

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