37 Tex. Admin. Code § 380.9331 - Youth Grievance System
(a)
Policy.
(1) Youth, parents/guardians of
youth, and youth advocates have a right to file grievances concerning the care,
treatment, services, or conditions provided for youth under the jurisdiction of
the Texas Juvenile Justice Department (TJJD). TJJD resolves grievances in a
prompt, fair, and thorough manner; however, grievances alleging criminal
violations or abuse, neglect, and exploitation are referred to law enforcement
for investigation and disposition.
(2) TJJD recognizes that informal discussions
between staff and youth are a key element in resolving issues or concerns at
the earliest stage and contribute to a positive facility culture. TJJD makes
staff available to meet with youth whenever possible, limited only by
consideration for facility order and the safety of youth and
staff.
(b) General Rules.
(1) Except as noted in paragraph (2) of this
subsection, there is no limitation on the number or subject matter of
grievances a person is permitted to file.
(2) Appeals of decisions made in TJJD due
process hearings or by the Release Review Panel (RRP) are not addressed through
the grievance system.
(A) See Subchapter E,
Division 2 of this chapter for appeals of due process hearings; and
(B) See §
380.8557 of this title for
requests for reconsideration of RRP decisions.
(3) Each residential facility and parole
office provides a time, place, and manner in which youth, parents/guardians, or
youth advocates may file grievances. A staff member is available to provide
assistance in writing and filing grievances to individuals with disabilities
who request accommodations in order to access the youth grievance
system.
(4) In residential
facilities, reasonable restrictions may be imposed on the time, place, and
manner of submission of grievances filed by youth to preserve order and
maintain attention during instructional or treatment activities.
(5) Retaliation or interference by staff
concerning the filing or resolution of grievances is not tolerated and is
grounds for disciplinary action up to and including termination of
employment.
(6) To the extent
possible, grievances remain confidential. The identity of a person filing a
grievance is not shared with staff members other than those necessary to
resolve the grievance. Youth files do not contain any reference to the filing
of grievances.
(7) Youth are
informed of the system for filing and resolving grievances upon arrival at each
placement. Notices containing information on the grievance system are posted in
English and Spanish in visible areas throughout residential facilities and
parole offices. Parents/guardians are provided information on the grievance
resolution system and local contact information upon a child's admission to
TJJD and each subsequent placement.
(8) Persons with limited English proficiency
may file grievances in languages other than English.
(9) TJJD provides confirmation of receipt,
including a tracking number, to grievants having the legal right to access
confidential youth information.
(10) Upon written request, a parent/guardian
of a youth under 18 years of age will be provided with a summary of grievances
filed by his/her child. A youth 18 years of age or older must provide consent
in order to release a grievance summary to his/her parent/guardian.
(c) Youth Requests for Conference
with Staff.
(1) Youth assigned to residential
facilities may submit a written request for a conference with any staff member
assigned to his/her facility as an informal means of addressing issues or
concerns. Conferences with youth are scheduled at the earliest opportunity that
does not jeopardize youth or staff safety, facility order, or an ongoing
investigation. Youth are notified in cases where the request cannot be honored
promptly.
(2) A youth may elect to
file a grievance if he/she is dissatisfied with the result of the staff
conference or if the issue(s) raised in connection with the conference request
cannot be resolved by his/her selected staff member. However, in no case is a
youth required to submit a request for conference as a preliminary step prior
to submitting a grievance.
(d) Grievances.
(1) Methods for Filing a Grievance.
(A) Incident Reporting Center. Any person may
submit a grievance to the TJJD Incident Reporting Center (IRC) by telephone,
email, fax, or postal service. See TJJD's website for contact information.
Subject to limitations on time, place, and manner, a youth in a residential
placement is allowed confidential telephone access in order to contact the
IRC.
(B) In-Person to TJJD Staff.
Any person who is unable or unwilling to submit a grievance in writing may
verbally communicate a grievance to TJJD staff.
(C) Youth Grievance Forms.
(i) All youth under TJJD jurisdiction must
have access to pre-numbered grievance forms.
(ii) In residential facilities, a youth is
selected in each living unit or area to distribute grievance forms.
(iii) In residential facilities, secure drop
boxes are provided in easily accessible locations for youth to submit completed
grievance forms. Access to the drop boxes is restricted to staff members
designated by the executive director or designee.
(iv) A youth is provided with a copy of each
grievance he/she submits.
(v) Once
a youth submits a grievance, it may not be withdrawn.
(2) Resolution of a Grievance.
(A) Grievances are promptly collected,
reviewed, and assigned for response. Grievances are screened to identify issues
which require expedited resolution in order to avoid substantial loss or harm
if delayed.
(B) Each grievance is
assigned to a staff member who is not directly involved in the grievance and
has the authority to implement an appropriate corrective measure or has
knowledge or access to provide clarifying information. Grievances involving
healthcare issues must be assigned to a person with appropriate clinical
expertise and credentials. The assigned staff member must provide a written
response to the grievant within 10 workdays after submission of the
grievance.
(3) Appeal of
a Grievance Resolution.
(A) A grievant may
file an appeal if he/she is dissatisfied with the response. Except for
healthcare-related grievances, TJJD designates a staff member to provide a
written response to the appeal. Appeals of responses to healthcare-related
grievances are submitted as direct appeals to the executive director or
designee in accordance with §
380.9353 of this title.
(B) For grievances that are not
healthcare-related, a grievant may submit an appeal to the executive director
or designee if dissatisfied with the appeal response in accordance with §
380.9353 of this title.
(C) A grievant may submit a direct appeal to
the executive director or designee if no written response is received within 15
workdays after submitting a grievance or an appeal of a grievance
response.
(D) An appeal to the
executive director or designee exhausts all administrative remedies on the
issue(s) raised in the grievance.
Notes
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