Texas Register, Volume 34, Number 33, Pages 5445-5614, August 14, 2009 Page: 5,543
5445-5614 p. ; 28 cm.View a full description of this periodical.
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The Texas Youth Commission (TYC) adopts the repeal of 87.1,
concerning case planning, 87.2, concerning resocialization pro-
gram, 87.3, concerning resocialization phase requirements and
assessment, 87.4, concerning resocialization earned privilege
system, and 87.51, concerning special needs offenders without
changes to the proposed text as published in the May 15, 2009,
issue of the Texas Register (34 TexReg 2899).
TYC also adopts the repeal of 87.55, concerning waivers from
certain specialized treatment programs without changes to the
proposed text as published in the June 5, 2009, issue of the
Texas Register (34 TexReg 3507).
The justification for repealing the rules is the availability of accu-
rate and up-to-date information concerning TYC programming
and operations.
The repeal of 87.1, 87.2, 87.3, and 87.51 allows for signifi-
cantly revised rules to be published in their place. The revised
rules are adopted in this issue of the Texas Register.
The repeal of 87.4 allows for a new rule concerning youth priv-
ileges to be published as new 95.2. The new rule is adopted in
this issue of the Texas Register.
The repeal of 87.55 allows for the new process established in
87.51 for requesting and approving waivers of the requirement
for certain youth to complete specialized treatment programs to
supersede the process described in 87.55.
No comments were received regarding adoption of the proposed
repeals.
SUBCHAPTER A. PROGRAM PLANNING
37 TAC 87.1 - 87.4
The repeals are adopted under Human Resources Code
61.034, which provides TYC with the authority to adopt rules
appropriate to the proper accomplishment of its functions.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on August 3, 2009.
TRD-200903306
Cheryln K. Townsend
Executive Commissioner
Texas Youth Commission
Effective date: September 1, 2009
Proposal publication date: May 15, 2009
For further information, please call: (512) 424-6014
4+ 4SUBCHAPTER B. SPECIAL NEEDS
OFFENDER PROGRAMS
37 TAC 87.51, 87.55
The repeals are adopted under Human Resources Code
61.034, which provides TYC with the authority to adopt rules
appropriate to the proper accomplishment of its functions.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.Filed with the Office of the Secretary of State on August 3, 2009.
TRD-200903307
Cheryln K. Townsend
Executive Commissioner
Texas Youth Commission
Effective date: September 1, 2009
Proposal publication date: May 15 and June 5, 2009
For further information, please call: (512) 424-6014
CHAPTER 87. TREATMENT
The Texas Youth Commission (TYC) adopts new 87.1, con-
cerning case planning, 87.2, concerning rehabilitation program
overview, 87.3, concerning rehabilitation program stage re-
quirements and assessment, and 87.51, concerning special
needs offenders, with changes to the proposed text as pub-
lished in the May 15, 2009 issue of the Texas Register (34
TexReg 2899). Changes to the proposed text include minor
grammatical corrections. Additional changes to the proposed
text are outlined below, as described in the responses to public
comments received.
The justification for the new rules is the establishment of an indi-
vidualized juvenile delinquency rehabilitation strategy based on
evidence-based techniques, as well as establishment of a sys-
tem of specialized treatment programming that more appropri-
ately matches the level of specialized treatment intervention with
each youth's assessed treatment need.
New 87.1 makes several changes from the previous version of
this rule. Updates to individual case plan objectives will be pro-
vided every 30 days for all youth in residential facilities, regard-
less of the committing offense or facility restriction level. The new
rule also reflects that individual case plans will be developed with
the goal of reducing individual risk factors and increasing individ-
ual protective factors, which is one of the foundational principles
of TYC's rehabilitative strategy as described in new 87.2 and
87.3.
New 87.2 provides an overview of TYC's general rehabilitation
program. The rehabilitative strategy focuses on helping each
youth learn how to reduce the individual factors that make
him/her more likely to engage in future delinquent conduct, and
to increase the individual factors that help to keep him/her away
from delinquent conduct.
New 87.3 establishes the system for assessing youth progress
through the rehabilitation program. The new rule also provides
an outline of the basic areas in which a youth must demonstrate
progress in order to successfully complete each stage of the re-
habilitation program.
New 87.51 establishes TYC's process for assessing youth for
specialized treatment needs and providing youth with treatment
programs and interventions that are best suited to address those
needs.
Comments regarding the rules were received from Advocacy In-
corporated and Texas Appleseed. The comments are summa-
rized below, along with TYC's responses.
87.1.
Comment: The rule should be amended to require that the indi-
vidual case plan must be developed in accordance with an as-ADOPTED RULES August 14, 2009
34 TexReg 5543
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Texas. Secretary of State. Texas Register, Volume 34, Number 33, Pages 5445-5614, August 14, 2009, periodical, August 14, 2009; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90865/m1/96/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.