| (a) Purpose. This rule establishes the due process
required to admit a youth into a Texas Juvenile Justice Department
(TJJD) stabilization unit or to extend a youth's stay in a stabilization
unit to provide treatment for a psychiatric disorder.
(b) Applicability.
(1) For criteria for admission to a TJJD stabilization
unit, see §380.8767 of this title.
(2) A mental-health-status review hearing is a Level
II due process hearing with several procedural exceptions, as noted
in this rule. See §380.9555 of this title for Level II hearing
procedures.
(c) Procedure.
(1) Decision Makers.
(A) The facility administrator of the TJJD stabilization
unit at which placement is sought appoints a mental health professional,
as defined in §380.9187 of this title, to conduct the review
hearing and serve as the hearing manager.
(B) The hearing manager must not have direct or primary
responsibility in the youth's current treatment or diagnosis.
(C) The hearing manager has the same authority and
responsibility as that assigned to a hearing manager in §380.9555
of this title.
(D) The hearing manager must be trained to conduct
the review hearing.
(2) Single-Function Hearing. The single function of
a mental-health-status review hearing is to consider the facts presented
relative to the criteria for admission or extension established in §380.8767
of this title.
(3) Location. All mental-health-status review hearings
must be conducted at a TJJD stabilization unit and are the responsibility
of staff at that facility.
(4) Advocate. The youth's advocate is appointed by
the facility administrator or designee and must be a mental health
professional or a case manager assigned to the stabilization unit.
(5) Timing of Hearing. A mental-health-status review
hearing must be held for each youth within 96 hours after the youth's
arrival at the stabilization unit. If the 96-hour period ends on a
Saturday, Sunday, or official holiday, the hearing must be held on
the next regular work day. If the hearing manager determines an unavoidable
absence would prevent a key witness or party from attending the hearing,
the hearing may be rescheduled to the earliest possible time but not
later than 96 hours from the original scheduled hearing.
(6) Teleconference. The hearing may not be conducted
by teleconference. However, testimony may be accepted via telephone
if the hearing manager determines in-person testimony is impractical
or unfeasible. If testimony is accepted via telephone, all persons
required to be present at the hearing must be able to simultaneously
hear the testimony.
(7) Exclusion from the Hearing. To protect the confidential
nature of the hearing, persons other than the youth, the youth's advocate,
the staff representative, and the youth's parent(s) may be excluded
from the hearing room at the discretion of the hearing manager. However,
any person except the youth's advocate or staff representative may
be excluded from the hearing room if his/her presence causes undue
disruption or delay of the hearing or when matters being discussed
are of a very sensitive nature. The reason(s) for the exclusions must
be stated on the record.
(8) Decision.
(A) Following the presentation of evidence, the hearing
manager must announce his/her decision regarding whether criteria
for admission or extension have been established.
(B) A hearing manager's decision to admit or extend
a youth in the stabilization unit must be supported by expert testimony
of a psychiatrist that the youth meets the requisite criteria. The
testimony should be given in person when feasible.
(C) The youth must be informed of his/her right to
appeal the decision to the executive director in accordance with §380.9353
of this title. The hearing manager's decision will be implemented
even if an appeal has been filed and a response is pending.
(9) Hearing Report.
(A) A report that includes the hearing manager's findings
and the basis for them must be completed within seven work days after
the date of the hearing.
(B) The facility administrator or designee must review
the report to ensure accurate and consistent application of this rule.
The person who conducted the hearing may not be the person who conducts
this review. If necessary, the facility administrator or designee
may return the report to the hearing manager for clarification or
to reopen the hearing for the purpose of obtaining further information.
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| Source Note: The provisions of this §380.9571 adopted to be effective September 1, 2009, 34 TexReg 5554; amended to be effective November 1, 2011, 36 TexReg 7353; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2015, 40 TexReg 6138 |
