| (a) Purpose. This rule provides for the temporary placement
of youth who request to be placed in a security unit.
(b) Applicability. This rule applies only to high-restriction
facilities operated by the Texas Juvenile Justice Department (TJJD).
(c) Definitions. Security Unit--has the meaning assigned
under §380.9740 of this title.
(d) General Provisions.
(1) The security unit may be used as a temporary placement
for youth who self-refer until the youth can be safely returned to
his/her assigned living unit or another appropriate housing or facility
assignment can be arranged.
(2) While placed in the security unit on a self-referral,
a youth must be provided scheduled programming in accordance with
his/her individual case plan and, if applicable, his/her individualized
education program.
(3) If a youth claims a need for protection from harm,
staff must complete a threat assessment. Based on the results of the
threat assessment, all reasonable actions must be taken to ensure
the safety of the youth, which may include any or all of the following:
(A) immediate implementation of enhanced supervision
strategies;
(B) immediate separation of the youth from the source
of the threat;
(C) referral to the TJJD Office of Inspector General
for investigation;
(D) notification of the chief local administrator;
and/or
(E) dorm or facility transfer.
(e) Referral Process.
(1) Any youth may request a self-referral to the security
unit. Requests may be verbal or written and may be made to any staff
member.
(2) Case management and/or supervisory staff must meet
with the youth to discuss the circumstances regarding the request
and, if appropriate, recommend alternatives to self-referral.
(3) Staff may not deny the youth's request for a self-referral
to the security unit, unless self-referrals have been temporarily
disallowed by the facility administrator due to an ongoing facility
disruption or space limitations in the security unit.
(f) Service Delivery and Programming Requirements.
(1) While in the security unit on self-referral, youth
shall be provided:
(A) psychological and medical services as appropriate;
(B) adequate access to restroom facilities and drinking
water;
(C) access to shower and hygiene routine at least once
every 24 hours, as behavior permits;
(D) the same food, including snacks, prepared in the
same manner as for other youth, except for special diets that are
prescribed on an individual basis by a physician, dentist, or mental
health professional or special diets approved by a chaplain;
(E) access to education services during each scheduled
instructional day for the duration of instructional minutes required
by the campus master schedule;
(F) education services that will enable the youth to
meet the goals of the youth's individualized education program, if
the youth is currently receiving special education services;
(G) access to limited-English-proficient services for
English language learners; and
(H) one hour of large-muscle exercise out of the room
or in an enclosed outdoor recreation area at least once every 24 hours,
as the youth's behavior and weather permit.
(2) A case manager or staff member designated by the
facility administrator must meet with the youth daily to:
(A) assess the youth's status and make referrals to
a mental health professional as appropriate;
(B) discuss strategies and offer opportunities for
returning to the general population; and
(C) ensure that all required services and programming
are being delivered.
(3) A case manager must, in consultation with members
of the youth's multi-disciplinary team and a mental health professional,
develop a written supervision and reintegration plan for the youth
if any of the following apply:
(A) the youth claims a need for protection from harm;
(B) the staff reasonably suspects the youth feels a
need to be protected from harm; or
(C) the youth has remained in the security unit on
self-referral for 120 hours.
(4) The supervision and reintegration plan must include:
(A) strategies for addressing the threat of harm or
coping with the circumstances that resulted in the self-referral;
(B) requirements for enhanced supervision, if appropriate;
(C) a schedule for reintegrating with the general campus
population; and
(D) a safe housing reassessment, as described in §380.8524
of this title.
(g) Release from the Security Unit.
(1) Upon a youth's request or agreement to be released
from the security unit, the youth must be granted release as soon
as reasonably possible.
(2) If a supervision and reintegration plan is required,
the youth may not be released from the security unit before the plan
is completed unless the release is approved by the facility administrator
or designee. If the facility administrator or designee denies a youth's
request for release from the security unit before a required supervision
and reintegration plan is completed, the facility administrator or
designee must ensure that the plan is completed and the youth is released
within 24 hours after the youth's request.
(3) Upon a youth's release from the security unit,
the youth's case manager or other designated staff member must determine
which components of the youth's supervision and reintegration plan
will be continued after the youth's return to the general campus population.
The youth must receive follow-up psychological services if directed
by a mental health professional.
(h) Review and Oversight.
(1) At least once every 72 hours, the security dorm
supervisor or designee must speak with each youth admitted to the
security unit on a self-referral.
(2) If a youth has not requested or agreed to a release
within 72 hours after admission to the security unit on self-referral,
the security dorm supervisor must consult with the facility administrator
or designee to discuss reintegration strategies, service delivery
and counseling activities, youth behavior, and possible dorm or facility
transfer. This consultation is required every 24 hours thereafter.
(3) If a youth has not requested or agreed to a release
within five calendar days after admission to the security unit on
self-referral, the facility administrator must consult with the division
director over residential services or designee to discuss reintegration
strategies, service delivery and counseling activities, youth behavior,
and possible dorm or facility transfer. This consultation is required
at least once every 72 hours thereafter until the youth is released
from the security unit.
(4) The youth's multi-disciplinary team must monitor
each youth's pattern of self-referrals to the security unit for indications
of ongoing or unresolved issues. The multi-disciplinary team must
address these issues through case plan objectives, clinical referrals,
reports to facility management, or other appropriate interventions.
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| Source Note: The provisions of this §380.9747 adopted to be effective May 1, 2011, 36 TexReg 2246; 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 |
