PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT

CHAPTER 380. RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES

SUBCHAPTER B. TREATMENT

DIVISION 1. PROGRAM PLANNING

37 TAC §380.8703

The Texas Juvenile Justice Department (TJJD) proposes amendments to §380.8703, Rehabilitation Program Stage Requirements and Assessment.

SUMMARY OF CHANGES

Amendments to the section will include: 1) adding that a youth's stage in the rehabilitation program may be lowered when the youth has been unresponsive to intervention attempts over an extended period of time and the youth's current stage does not reflect the youth's current progress; 2) for Stage 1, adding that youth are expected to review their own unique vulnerabilities with the case manager; 3) for Stage 2, clarified that the goal is for youth to become interpersonally successful in the future; 4) for Stage 2, adding that youth are expected to identify a long-term success plan; 5) for Stage 2, clarifying that youth are expected to explore patterns in thoughts, feelings, attitudes, beliefs and vulnerabilities (rather than values); 6) for Stage 2, removing requirements for youth to make progress toward personalized goals, to present and discuss progress with the treatment team, and to complete case plan objectives; 7) for Stage 4, adding that completing case plan objectives includes the ability to articulate plans for successful community reentry; 8) for all stages, clarifying that youth are expected to participate safely, (rather than just participate) in various areas of programming; 9) removing the requirement for youth to receive a stage assessment based on current behavior and progress upon being returned to a high- or medium-restriction facility for disciplinary reasons or upon receiving an additional commitment, and adding that such youth will be placed on the most appropriate stage as specified by written procedure manual; and 10) clarifying that one of the situations in which a youth's stage may be lowered is when the youth receives an additional commitment (rather than being recommitted).

FISCAL NOTE

Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that, for each year of the first five years the new section is in effect, there will be no significant fiscal impact for state government or local governments as a result of enforcing or administering the section.

PUBLIC BENEFITS/COSTS

Evan Norton, Senior Director of Integrated Treatment and Intervention Services, has determined that for each year of the first five years the revised section is in effect, the public benefit anticipated as a result of administering the section will be improvements to the rehabilitative stage system to more appropriately indicate a youth's motivation and readiness to change patterns of behavior and thinking, to more clearly articulate expectations of each stage in the program to youth and staff, and to more accurately capture a youth's readiness for parole in order to enhance public safety.

Ms. Anderson has also determined that there will be no effect on small businesses, micro-businesses, or rural communities. There is no anticipated economic cost to persons who are required to comply with the new section as proposed. No private real property rights are affected by adoption of this section.

GOVERNMENT GROWTH IMPACT

TJJD has determined that, during the first five years the new section is in effect, the section will have the following impacts.

(1) The proposed section does not create or eliminate a government program.

(2) The proposed section does not require the creation or elimination of employee positions at TJJD.

(3) The proposed section does not require an increase or decrease in future legislative appropriations to TJJD.

(4) The proposed section does not impact fees paid to TJJD.

(5) The proposed section does not create a new regulation.

(6) The proposed section does not expand, limit, or repeal an existing regulation.

(7) The proposed section does not increase or decrease the number of individuals subject to the section's applicability.

(8) The proposed section will not positively or adversely affect this state's economy.

PUBLIC COMMENTS

Comments on the proposal may be submitted within 30 days after publication of this notice to Texas Juvenile Justice Department, Policy and Standards Section, P.O. Box 12757, Austin, Texas 78711, or via email to policy.proposals@tjjd.texas.gov.

STATUTORY AUTHORITY

The revised section is proposed under §242.003, Human Resources Code, which requires TJJD to adopt rules appropriate to the proper accomplishment of TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.

No other statute, code, or article is affected by this proposal.

§380.8703.Rehabilitation Program Stage Requirements and Assessment.

(a) Purpose. Youth earn the ability to move to less restrictive placements by progressing through a stage system that measures progress in the rehabilitation program. The purpose of this rule is to provide a general outline of the areas in which a youth must demonstrate progress and to describe the process for assessing progress.

(b) Applicability. This rule applies to all residential facilities operated by the Texas Juvenile Justice Department (TJJD). This rule does not apply to youth in contract-care programs that are not required to provide the TJJD rehabilitation program. This rule does not apply to youth on parole status.

(c) Definitions. See §380.8501 of this chapter for definitions of terms used in this rule.

(d) General Themes in the Rehabilitation Program.

(1) TJJD's rehabilitation program is composed of a set of stages with objectives related to each youth's rehabilitative needs. Expectations generally increase as youth progress through the stages.

(2) Progress is measured through an assessment of the youth's demonstration of skills in areas such as:

(A) appropriate participation in education/vocational and treatment/intervention activities;

(B) understanding and use of therapeutic tools;

(C) ability to develop, discuss, and work toward individual goals;

(D) application of regulation tools to maintain safe behavior; and

(E) reducing risk factors and increasing protective factors.

(3) The objectives for each youth shall be in writing and provided to the youth.

(4) Each youth is provided an equal opportunity, as the youth's behavior warrants, to participate in the scheduled activities needed to progress.

(e) Stage Assessment.

(1) A stage assessment shall be conducted when the youth completes the required objectives for the stage or within 90 days from the previous stage assessment, whichever occurs first.

(2) Each stage assessment includes a comprehensive assessment of the youth's progress in the rehabilitation program.

(3) The parent/guardian must be given an opportunity to provide input to be considered at each stage assessment.

(4) As a result of a stage assessment, the youth is assigned to the most appropriate stage. Youth may be assigned to a stage that is more than one level higher than the current stage, if appropriate.

(5) Each youth's specific needs and responsivity must be considered when assessing a youth's stage. If a youth fails to progress through the stages, staff must conduct a review for responsivity needs and, if appropriate, implement individualized interventions.

(6) Youth may not be assigned to a lower stage, except:

(A) when it is determined that behavior proven at a Level II due process hearing held in accordance with §380.9555 of this chapter indicates the youth no longer meets the requirements of the current stage assignment; [or]

(B) when it has been determined that the youth has been unresponsive to intervention attempts for an extended period of time and the youth's current stage does not reflect the youth's current progress; or

(C) [(B)] in accordance with subsection (g) of this section.

(7) If a youth loses release eligibility under §380.8555 or §380.8559 of this chapter, the youth is no longer designated as having completed the rehabilitative program under this rule and is assigned to stage 4.

(8) The youth and the youth's parent/guardian are notified of the results of the stage assessment.

(f) Requirements for Stage Promotion.

(1) Stage 1--this stage focuses on building a foundation of safety and regulation. During this stage, the youth will gain basic knowledge of the TJJD stage objectives and requirements for program completion. The youth attends the foundational skills development groups and participates in individual sessions with the case manager to develop an assessment of risk and protective factors. To determine whether youth have completed this stage, youth are assessed on factors including:

(A) reviewing the youth's own unique vulnerabilities and risk and protective factors with the case manager;

(B) discussing the youth's progress toward goals with staff;

(C) working on case plan objectives with the case manager; and

(D) participating safely in the following other areas of programming:

(i) treatment and intervention activities;

(ii) academic and workforce development programs; and

(iii) application of learned skills in daily behavior.

(2) Stage 2--this stage focuses on healthy connection and the ability to make repairs after relational harm. Youth on this stage are moving beyond the pre-contemplation stage of change to accept that changes are needed to improve their ability to be interpersonally successful in the future. To determine whether youth have completed this stage, youth are assessed on factors including:

(A) exploring personal risk and protective factors, including those related to TJJD commitment;

(B) identifying a long-term success plan and sharing plans for community reintegration with the youth's family, community supports, or adult mentor;

(C) exploring patterns in thoughts, feelings, attitudes, beliefs, and vulnerabilities [values]; and

[(D) making progress towards personalized goals;]

[(E) presenting and discussing the youth's progress with the youth's treatment team;]

[(F) completing case plan objectives; and]

(D) [(G)] safely participating in other areas of programming as described in paragraph (1)(D) of this subsection.

(3) Stage 3--this stage focuses on taking responsibility and making prosocial decisions. Youth on this stage are preparing to move into the action stage of change through continued acknowledgment of the need to change and planning for their future. To determine whether youth have completed this stage, youth are assessed on factors including:

(A) demonstrating a reduction in risk factors and an increase in protective factors;

(B) taking responsibility for behaviors leading to commitment;

(C) completing case plan objectives; and

(D) safely participating in other areas of programming as described in paragraph (1)(D) of this subsection.

(4) Stage 4--this stage focuses on demonstrating and practicing learned skills for youth. The purpose of this stage is demonstrating independence through application of treatment concepts and skills learned in earlier stages. This stage is considered the second-highest stage for purposes of eligibility for transition under §380.8545 of this chapter. To determine whether youth have completed this stage, youth are assessed on factors including:

(A) demonstrating continued reduction in risk factors and increase in protective factors;

(B) identifying new thoughts, feelings, attitudes, beliefs, and values that might increase success in the community;

(C) completing case plan objectives, including the ability to articulate plans for successful community reentry; and

(D) safely participating in other areas of programming as described in paragraph (1)(D) of this subsection.

(5) Rehabilitative stages completion status--this designation indicates that a youth has completed stage 4 and is considered the highest stage for purposes of program completion under §380.8555 and §380.8559 of this chapter. Youth are in the maintenance stage of change and will be given the opportunity to demonstrate and apply learned skills. Youth are expected to safely participate in other areas of programming as described in paragraph (1)(D) of this subsection.

(g) Stage Assignment [Assessment] upon Return to a High- or Medium-Restriction Facility or upon Additional [New] Commitment. A youth is [reassessed and] placed on the most appropriate stage, as specified by written procedure manual, [for the youth's current behavior and progress in the rehabilitation program] when the youth [is]:

(1) is returned to a high-restriction facility for disciplinary reasons through a Level II due process hearing;

(2) is returned to a high- or medium-restriction facility for disciplinary reasons through a Level I due process hearing; or

(3) receives an additional commitment [recommitted ] to TJJD for a new offense.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 28, 2024.

TRD-202404038

Jana L. Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: October 13, 2024

For further information, please call: (512) 490-7278