37 Tex. Admin. Code § 380.9739 - Isolation

(a) Purpose. This rule allows for short-term confinement in a locked room of a youth who meets criteria. Confinement addressed in this rule is not a disciplinary consequence.

(b) Applicability.

(1) This rule applies to residential facilities operated by the Texas Juvenile Justice Department.

(2) This rule does not apply to:

(A) a youth being admitted to the Security Program. See § 380.9740 of this title; or

(B) segregation in which doors are not locked. See § 380.9520 of this title.

(c) Definitions. Isolation--the condition of confinement of a youth in a locked room. If the door is not locked, the confinement is not considered to be isolation. Isolation does not include when doors are routinely locked (e.g., during sleeping hours) and isolation has not otherwise been imposed.

(d) Criteria.

(1) A youth may be confined in isolation in cases when less restrictive interventions have failed and the youth is:

(A) out of control; and

(B) a serious and immediate physical danger to others; and

(C) not on suicide alert.

(2) Isolation must be in individual youth sleeping quarters or a room specifically designated for isolation. If the room is not individual sleeping quarters, the room must:

(A) be heated, cooled, and ventilated;

(B) have a minimum ceiling height of 7.5 feet when measured from the floor to the lowest point of the ceiling; and

(C) be equipped with a viewing window that allows staff to observe the youth.

(e) Release.

(1) A youth placed in isolation must be released within three hours or be referred to the security program.

(2) Isolation must be terminated as soon as a youth is sufficiently under control so as to no longer pose a serious and immediate danger to himself/herself or others.

(f) Isolation Requirements.

(1) Staff must visually check youth in isolation at least once every 15 minutes.

(2) Youth in isolation must receive appropriate psychological and medical services.

Notes

37 Tex. Admin. Code § 380.9739

The provisions of this §380.9739 adopted to be effective December 31, 1996, 21 TexReg 12190; amended to be effective January 31, 2001, 26 TexReg 773; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; Amended by Texas Register, Volume 41, Number 06, February 5, 2016, TexReg 974, eff. 2/15/2016