37 Tex. Admin. Code § 380.9510 - Intervention Program
(a) Purpose. The
Texas Juvenile Justice Department (TJJD) delivers interventions in a structured
environment for youth who have engaged in certain serious conduct. The
interventions are designed to promote violence reduction and skill building to
increase safety on TJJD campuses and to help the youth regulate their behavior
in order to progress in treatment. Placement in an intervention program is not
considered a disciplinary consequence. This rule sets forth eligibility
criteria, program requirements, and services to be provided to youth.
(b) Applicability. The program described by
this rule operates only at high-restriction facilities operated by
TJJD.
(c) Definitions.
(1) Admission, Review, and Dismissal (ARD)
Committee--a committee that makes decisions on educational matters relating to
special-education-eligible youth.
(2) Individualized Education Program
(IEP)--the program of special education and related services developed by a
youth's ARD committee.
(3)
Isolation--the confinement of a youth in a locked room or cubicle as a tool to
manage the behavior of a youth. Rules regarding isolation do not apply:
(A) when doors are routinely locked during
normal sleeping hours and isolation has not otherwise been imposed;
or
(B) when a youth is placed in
the security program.
(4)
Manifestation Determination Review--a review conducted by a youth's ARD
committee when a decision has been made to change a special-education-eligible
youth's school placement due to a violation of the code of conduct. The
committee determines whether a youth's conduct is a manifestation of the
youth's disability and whether the youth's IEP was fully
implemented.
(d)
Eligibility.
(1) At a minimum, a youth must be
reviewed to determine appropriateness for placement at any level of the
intervention program if the youth engages in one or more of the following rule
violations as defined in §
380.9503 of this chapter:
(A) assault of youth (with or without
injury);
(B) assault of staff (with
or without injury);
(C) fighting
(with or without injury);
(D)
threatening another with a weapon;
(E) escape;
(F) extortion or blackmail;
(G) possession of a weapon;
(H) sexual misconduct;
(I) threatening others;
(J) any first- or second-degree felony;
or
(K) any other rule violation
that the executive director or designee establishes in writing as an eligible
violation.
(2) A youth
may be reviewed to determine appropriateness for placement at any level of the
intervention program based on any other rule violation defined in §
380.9503 of this chapter or based
on a pattern of rule violations that suggests the youth would benefit from the
program.
(3) Notwithstanding any
other provisions in this rule, a youth whose parole has been revoked may be
reviewed for possible placement in the intervention program. Review for
possible placement in the intervention program is mandatory for a youth whose
parole was revoked for conduct classified as a first- or second-degree felony.
If the youth is placed in the intervention program:
(A) the youth may be placed at any level of
the program, provided there are no therapeutic contraindications to placement
at that level; and
(B) the youth
may be moved between levels of the program if the youth was given notice of the
potential placement in the program before the Level I hearing.
(4) Notwithstanding any other
provisions in this rule, a youth who has been disciplinarily transferred from a
medium-restriction facility to a high-restriction facility through a Level II
due process hearing may be reviewed for possible placement in the intervention
program. Review for possible placement in the intervention program is mandatory
for a youth who was transferred for conduct classified as a first- or
second-degree felony. If the youth is placed in the intervention program:
(A) the youth may be placed at any level of
the program, provided there are no therapeutic contraindications to placement
at that level; and
(B) the youth
may be moved between levels of the program as outlined in this rule.
(e) Program Intervention
Levels.
(1) Primary. The primary level of the
intervention program provides short-term intervention that cannot be provided
during regular campus programming.
(A) Youth
at this level of intervention in the program will move around campus for
non-program-related activities in a manner generally comparable to the general
campus population but are provided program-related interventions while admitted
to the program.
(B) A Level II
hearing is not required for placement at this level of intervention. However,
designated staff must review the youth for appropriateness in the intervention
program, including the youth's treatment needs and the severity of the youth's
behavior.
(2) Moderate.
The moderate level of the intervention program provides short-term intervention
in a self-contained unit with a gradual transition back to regular campus
programming.
(A) Youth at this level of
intervention in the program live on the unit where the program
operates.
(B) Youth may be placed
at this level of the intervention program only if:
(i) a Level II due process hearing has been
held in accordance with §
380.9555 of this
chapter;
(ii) there is a finding of
true that the youth committed a rule violation listed in
subsection (d) of this section; and
(iii) the youth and the youth's advocate were
given notice before the hearing that a true finding on one or
more of the allegations would make the youth eligible for placement in the
intervention program.
(3) Intensive. The intensive level of the
intervention program provides longer-term intervention in a highly structured
environment.
(A) Youth at this level of
intervention in the program live on the unit where the program
operates.
(B) Youth may be placed
at this level of the intervention program only if:
(i) a Level II due process hearing has been
held in accordance with §
380.9555 of this
chapter;
(ii) there is a finding of
true that the youth committed a rule violation listed in
subsection (d) of this section; and
(iii) the youth and the youth's advocate were
given notice before the hearing that a true finding on one or
more of the allegations would make the youth eligible for placement in the
intervention program.
(f) Placement in the Program.
(1) Each youth being considered for placement
in the intervention program is reviewed to determine if placement is
appropriate and, if so, which level of the program is appropriate.
(2) If it is determined that the youth should
be placed in the intensive level of the program but space is not available, the
youth may be temporarily placed in a lower level of the program until space
becomes available at the intensive level or the youth otherwise successfully
meets the criteria under subsection (j) of this section.
(3) TJJD procedural manuals shall establish a
process that allows a youth to be moved from one level of the program to
another, if appropriate. A youth may be placed in the moderate or intensive
level of the program only if the youth was given notice of the potential
placement before the Level II hearing. Once a youth has been removed from the
intervention program, new conduct and a new Level II due process hearing, if
necessary for the program level, are required to return the youth to the
intervention program.
(4) TJJD
procedural manuals shall establish the factors to be considered when
determining if a youth should be placed in the intervention program and which
level of intervention is most appropriate or when determining if a youth should
be moved from one level to another. The procedural manuals shall include a
requirement that, at a minimum, the following factors be considered:
(A) whether the youth poses a continuing risk
to the safety of the facility;
(B)
whether less restrictive methods of documented intervention have been attempted
when appropriate; and
(C) whether
there are any therapeutic contraindications to placing the youth in the
intervention program or at a particular level in the intervention
program.
(5) A youth
shall not be placed at any level in the intervention program if a therapeutic
contraindication to placement at that level exists.
(6) TJJD shall make reasonable efforts to
provide notice to the parent/guardian that the child is being considered for
placement in the intervention program or for moving to a different level of the
program.
(g) Additional
Considerations for Youth Receiving Special Education Services.
(1) If a youth who is receiving special
education services engages in a rule violation during school-related activities
and that violation is the basis for placement or potential placement in the
intervention program, the requirements of the Individuals with Disabilities
Education Act, including a manifestation determination review when required,
must be met. TJJD's procedural manuals shall include specific instructions for
compliance and shall include a routine review to ensure the requirements are
met.
(2) All special education
services shall be provided in accordance with ARD committee decisions. For
youth who are eligible to participate in special education services, an ARD
committee meeting to review the IEP is held within ten days after admission to
the intervention program. Subsequent ARD committee meetings and evaluations are
completed in compliance with state and federal regulations.
(h) Program Requirements.
(1) The intervention program is administered
in units designated for such purpose. Each level may be administered in a
different unit.
(2) A structured
daily schedule is maintained and posted to provide a predictable and safe
environment.
(3) On scheduled
academic days, youth shall be provided with the amount of education services
established by the approved master schedule for the regular school
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 chapter. 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
chapter.
(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 chapter. 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
chapter.
(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 chapter, 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 chapter. The
person assigned to respond to the youth's grievance may not be a person
involved in the subject of the youth's grievance.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.