Texas Register, Volume 21, Number 80, Pages 10639-10789, October 29, 1996 Page: 10,717
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operated high restriction facility, both on and off the grounds. Higher
risk ratings require increased staff supervision, restriction of youth
movement, and restriction of access to unauthorized program areas
and potentially harmful materials.
(b) Explanation of Terms Used.
(1) Custody and Supervision Rating -. is a system for
assessing risk and assigning a rating which determines the level
of custody and supervision necessary to minimize a TYC youth's
opportunity to harm self or others. The rating of a youth's risk
affects a youth's movement and activities.
(2) Risk level - is the high, medium, or low risk assessed
by evaluating each youth's past history, current behavior, and length
of time in residential placement since commitment. Based on the risk
an equivalent rating is assigned each youth.
(3) Staff supervision - refers to supervision provided by
a TYC employee or an adult serving in a capacity related to a TYC
activity (e.g., an employer of TYC youth or a volunteer for a TYC
sponsored activity). The supervision requirements vary.
(c) Ratings.
(1) A youth with a high risk rating shall not leave
the grounds except for necessary medical services or emergencies.
Constant supervision by staff shall be provided.
(2) A youth with a medium risk rating may leave the
grounds for routine activities under specific conditions recommended
by the treatment team. Supervision by staff is required. Activities
shall not include overnight outings.
(3) A youth with a low risk rating may leave the grounds
with or without direct staff supervision under specific conditions
recommended by the treatment team. Activities may include
overnight outings.
(d) The facility administrator may allow certain activity
normally restricted by the CSR rating on the basis of clinical review
and recommendation, major improvement in behavior, pre-placement
visits, or may request from the central office, waiver for other reasons.
97.9. Search.
(a) Purpose. The purpose of this rule is to establish
requirements for searching TYC youth and their property in order
to detect contraband.
(b) Applicability. Requirements in this rule are consistent
with youth rights consistent with (GAP) 93.1 of this title (relating
to Basic Youth Rights).
(c) Designated staff may conduct a search of a Texas Youth
Commission (TYC) youth or a youth's room in a residential facility
other than the youth's home, for the purpose of finding and seizing
contraband.
(d) Searches, except body cavity searches, to detect and deter
possession of contraband or to protect persons may be conducted
with or without probable cause so long as searches are conducted in
a reasonable manner.
(e) Room Searches will be conducted in accordance with the
following rules.
(1) Two staff members must be in attendance for all room
searches.(2) The presence of the youth whose property is being
searched is preferable.
(3) Searches are to be conducted no more frequently than
necessary to control possession by youth of unauthorized items or to
recover missing or stolen property.
(4) Staff will follow precautionary guidelines in accor-
dance with Workplace Guidelines.
(f) Strip Searches shall take place in a private setting that aids
in the avoidance of unnecessary force, embarrassment, or indignity to
the youth. Strip searches shall be conducted by staff of the same sex
as the youth being searched. Police, other law enforcement officers,
detention workers, and duly designated agents of the court may assist
TYC staff in such a search if necessary.
(g) Body cavity searches may occur only on probable cause
that the youth possesses contraband and shall be conducted only by
medical personnel. Body cavity is defined as the vagina or rectum
for purposes of requiring a medical staff to perform the exam.
(h) Room searches, searches of youth being admitted to
facilities, and searches of youth after visitation may be conducted
routinely. Documentation of routine searches is not required unless
unauthorized items are seized. Searches other than the routine
searches named herein shall be documented. At all times when
unauthorized items are seized from a youth, the search and disposition
of items shall be documented.
97.11. Disposition of Unauthorized Items Seized.
(a) Purpose. The purpose of this rule is to provide for the
disposition of unauthorized items seized from a youth.
(b) Seized contraband which consists of property which is
prohibited by law shall be either turned over to law enforcement
authorities or destroyed in the presence of at least two staff members.
(c) Seized contraband consisting of sexually explicit pictures,
or items which advocate delinquent subcultural values shall be
either destroyed or forwarded to the youth's parents or managing
conservator, at the youth's option.
(d) Money seized as contraband will be designated as benefit
funds.
(e) Other items seized may be returned to the youth upon
release from the residential program.
97.21. Mechanical Restraint Equipment.
(a) Purpose. The purpose of this rule is to provide for the
use of specific approved equipment and chemical agent which may
be used by staff in the physical restraint and of youth who are out of
control.
(b) Applicability.
(1) Mechanical restraint may be employed only in com-
pliance with (GAP) 97.23 of this title (relating to Use of Force).
(2) Chemical agent may be employed only in compliance
with (GAP) 97.25 of this title (relating to Use of Chemical Agents).
(c) Texas Youth Commission (TYC) staff may use only
agency approved equipment or chemical agent for the purpose of
restraint and may use such equipment or agent only in a manner
consistent with its intended purpose.
(d) Restrictions.PROPOSED RULES October 29, 1996 21 TexReg 10717
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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/m1/79/?rotate=0: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.