Texas Register, Volume 21, Number 80, Pages 10639-10789, October 29, 1996 Page: 10,713
10639-10789 p. ; 28 cm.View a full description of this periodical.
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of due process is afforded a youth. The level II hearing procedure is
appropriate due process in the following instances.
(1) disciplinary transfer
(2) disciplinary extension in length of stay
(3) admission of youth in Giddings State School to
intensive resocialization program
(4) admission to special management and treatment pro-
gram for assaultive youth
(5) movement to a transitional placement (if requested by
youth)
(6) with a few exceptions in procedure:
(A) admission to Corsicana Residential Treatment
Center, Corsicana Stabilization Unit
(B) extension of time to treat a psychiatric disorder
in connection with a Corsicana Stabilization Unit placement at the
Corsicana Residential Treatment Center (as appropriate).
(C) admission of youth at Corsicana Residential
Treatment Center main campus to the Acute Care Unit.
(b) Applicability.
(1) For the highest level of due process, see (GAP) 95.51
of this title (relating to Level I Hearing Procedure).
(2) See (GAP) 95.11 of this title (relating to Disciplinary
Transfer/Assigned Minimum Length of Stay Consequence).
(3) See (GAP) 87.83 of this title (relating to Intensive
Resocialization Program).
(4) See (GAP) 87.81 of this title (relating to Special
Management and Treatment Program for Assaultive Youth).
(5) See (GAP) 87.67 of this title (relating to Corsicana
Stabilization Unit).
(6) For exceptions in procedures used for admission to
Corsicana Residential Treatment Center, Corsicana Stabilization Unit
and extension of time to treat the psychiatric disorder, see (GAP)
95.71 of this title (relating to Mental Health Status Review Hearing
Procedure).
(c) Explanation of Terms Used. Preponderance of the
evidence - a standard of proof meaning the greater weight and degree
of credible evidence admitted at the hearing, e.g., whether the credible
evidence makes it more likely than not that a particular proposition
is true.
(d) Procedure.
(1) The primary service worker shall request permission
to schedule a hearing from the appropriate supervisor, institutional
superintendent, halfway house superintendent, parole supervisor, or
quality assurance administrators. The hearing must be scheduled as
soon as practical but not later than seven days, excluding weekends
and holidays, after the alleged violation. A delay of more than seven
days in scheduling the hearing must be justified by documentation of
circumstances which made it impossible, impractical, or inappropriate
to schedule the hearing earlier.
(2) The appropriate supervisor, institutional superinten-
dent, halfway house superintendent, parole supervisor, or quality as-surance administrators will appoint an impartial staff member to act
as hearing manager.
(3) The hearing manager shall be a Texas Youth Com-
mission (TYC) staff member who is trained to function as a hearing
manager and has not previously participated in a level II hearing for
the youth.
(A) If the youth is currently assigned to an institution,
the hearing manager shall be someone not directly responsible for
supervising the youth.
(B) If the youth is currently assigned to a halfway
house, the hearing manager shall not be a member of the halfway
house staff.
(C) If the youth is currently assigned to a contract
program, the hearing manager shall not be the TYC case manager
assigned to that program.
(D) If the youth is currently assigned to his or her
home, the hearing manager shall not be the parole officer assigned to
the youth's case.
(4) The youth's primary service worker shall be respon-
sible for assembling all evidence and giving all notices required for
the hearing.
(5) The youth shall be given written notice of his rights
not less than 24 hours prior to the hearing. The youth's rights are:
(A) the right to remain silent;
(B) the right to be assisted by an advocate at the
hearing;
(C) the right to confront and cross-examine adverse
witnesses who testify at the hearing;
(D) the right to contest adverse evidence admitted at
the hearing;
(E) the right to call readily available witnesses and
present readily available evidence on his own behalf at the hearing;
and
(F) the right to appeal from the results of the hearing.
(6) The youth and the youth's advocate shall be given
written notice of the reasons for calling the hearing, the proposed
action to be taken, and the evidence to be relied upon not less than
24 hours prior to the hearing. After receipt of the written notice
and consultation with the advocate, the youth may waive the 24-hour
notice period by agreeing, in writing, to an earlier hearing time.
(7) Reasonable efforts shall be made to notify the youth's
parent(s) of the time and place of the hearing not less than 24 hours
prior to the hearing.
(8) The hearing shall consist of two parts: fact-finding
and disposition, and shall be held where the youth resides unless the
hearing manager determines that some other site is more appropriate.
(9) The youth shall be assisted by an informed and
responsible advocate appointed by the hearing manager. Whenever
practical, the advocate shall be a person chosen by the youth.
(10) The hearing shall be tape recorded and the recording
shall be the official record of the hearing. Tape recording shall be
preserved for six months following the hearing.PROPOSED RULES October 29, 1996 21 TexReg 10713
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Texas. Secretary of State. Texas Register, Volume 21, Number 80, Pages 10639-10789, October 29, 1996, periodical, October 29, 1996; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth182324/m1/75/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.