TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT

CHAPTER 380. RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES

SUBCHAPTER A. ADMISSION, PLACEMENT, RELEASE, AND DISCHARGE

DIVISION 2. COMMITMENT AND RECEPTION

37 TAC §380.8505

The Texas Juvenile Justice Department (TJJD) proposes amendments to §380.8505, concerning Initial Assessment.

The amended rule will add a requirement that a youth will receive a comprehensive psychiatric evaluation no later than 21 calendar days after admission to TJJD if that youth has been prescribed psychotropic medication at any time within the 60 days prior to admission.

In addition, the amended rule will clarify that a youth will receive a comprehensive psychiatric evaluation no later than 21 calendar days after admission to TJJD if that youth has been committed under a determinate sentence.

FISCAL NOTE

Mike Meyer, Chief Financial Officer, has determined that for each year of the first five years the amended section is in effect, there will be no significant fiscal impact for state or local government as a result of enforcing or administering the section.

PUBLIC BENEFITS/COSTS

Dr. Tushar Desai, Medical Director, has determined that for each year of the first five years the amended section is in effect, the public benefit anticipated as a result of administering the section will be continuity of care for youth who were prescribed psychotropic medications prior to admission to TJJD.

Mr. Meyer 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 section as proposed. No private real property rights are affected by adoption of this section.

PUBLIC COMMENTS

Comments on the proposal may be submitted within 30 days after publication of this notice to Josh Bauermeister, Policy Writer, Texas Juvenile Justice Department, P.O. Box 12757, Austin, Texas 78711, or e-mailed to policy.proposals@tjjd.texas.gov.

STATUTORY AUTHORITY

The amended section is proposed under §242.003, Human Resources Code, which authorizes TJJD to adopt rules appropriate to the proper accomplishment of its functions and to adopt rules for governing TJJD schools, facilities, and programs, and §244.001, Human Resources Code, which authorizes TJJD to adopt rules relating to the examination of youth upon commitment to TJJD.

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

§380.8505.Initial Assessment.

(a) Purpose. This rule establishes [The purpose of this rule is to establish] the assessment process for each youth initially admitted to the Texas Juvenile Justice Department (TJJD).

(b) General Provisions.

(1) Assessments are used to identify:

(A) immediate safety, medical, mental health, and housing needs;

(B) specialized treatment needs;

(C) case planning issues, including individual risk and protective factors; and

(D) risk and restriction level for initial placement.

(2) The assessment process is designed to be completed within 21 calendar days after [receipt of] the youth's arrival [youth] at the Orientation and Assessment Unit [orientation and assessment unit].

(3) Treatment and case planning activities initiated at the Orientation and Assessment Unit [orientation and assessment unit] focus on the youth's long-term needs and eventual re-entry into the community.

(c) Assessments Completed prior to Dormitory Placement. Within 24 hours after admission and prior to assigning a youth to a dormitory in the Orientation and Assessment Unit [orientation and assessment unit], appropriate staff members conduct:

(1) medical and mental health screenings, which include, at a minimum, a review of the youth's:

(A) suicide risk;

(B) medical history;

(C) substance abuse history;

(D) treatment history;

(E) psychiatric history;

(F) violent offense history; and

(G) sex offense history; and

(2) a screening for risk to display sexually aggressive or assaultive behavior or to be sexually victimized; and

(3) a safe-housing [safe housing] assessment in accordance with §380.8524 of this title.

(d) Assessments Completed within 21 Days after Admission. No later than 21 calendar days after a youth's admission to TJJD, appropriate staff members at the Orientation and Assessment Unit [orientation and assessment unit] conduct additional assessments, including, but not limited to:

(1) assessment of individual risk and protective factors;

(2) religious preference assessment;

(3) educational assessment;

(4) workforce development needs and skills;

(5) [substance abuse] screening and assessment for substance use disorders;

(6) assessment of need for specialized treatment;

(7) assessment of behavior while at the Orientation and Assessment Unit [orientation and assessment unit];

(8) comprehensive psychological evaluation, including review of prior treatment;

(9) dental examination;

(10) medical examination, including review of history and prior treatment; and

(11) comprehensive psychiatric evaluation of the youth, including review of prior treatment, if [when]:

(A) the [a] youth is [has been] identified during admission as having a current prescription for [being currently prescribed] psychotropic medication or as having been prescribed psychotropic medication at any time within the 60 days prior to admission;

(B) the [a] youth's psychological evaluation shows the need for a psychiatric referral; or

(C) the [a] youth has been assigned a minimum length of stay of 12 months or longer or the youth has been committed under a determinate sentence, unless TJJD [the agency] receives the results of a comprehensive psychiatric evaluation of the youth conducted not more than 90 days prior to admission.

(e) Treatment and Case Planning.

(1) A summary of assessment results and treatment needs is developed for each youth [while] at the Orientation and Assessment Unit [orientation and assessment facility]. This summary is used as a basis for placement decisions, in accordance with §380.8521 of this title, and for development of the individual case plan, in accordance with §380.8701 of this title.

(2) For each youth assessed as having one or more specialized treatment needs, a specialized treatment plan is developed, reviewed, and re-evaluated in accordance with §380.8751 of this title.

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 September 11, 2017.

TRD-201703577

Karen Kennedy

Deputy General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: October 22, 2017

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