Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 7,029
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Neil Nichols, General Counsel, has determined that for each year
of the first five years the section is in effect, the public benefit an-
ticipated as a result of enforcing the section will be a construc-
tive environment conducive to the youth's rehabilitation. There
will be no effect on small businesses. 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 rule.
Comments on the proposal may be submitted within 30 days
of the publication of this notice to DeAnna Lloyd, Chief of
Policy Administration, Texas Youth Commission, 4900 North
Lamar, P.O. Box 4260, Austin, Texas 78765, or email to
deanna.lloyd@tyc.state.tx.us.
The amendment is proposed under the Human Resources Code,
61.045, which provides the commission with the authority to
limit and restrict personal property of youth while in a residential
placement.
The proposed rule affects the Human Resources Code, 61.034.
91.7. Youth Personal Property.
(a) (No change.)
(b) Applicability. [Contraband or ot her una thorizedp e-o...
sins are disposed of aeeerding to (GAP) #97. 1 of this title (relating
to Control of Unauthorized Items Seized).]
(1) Contraband items other than contraband money will be
disposed of in accordance with 97.11 of this title (relating to Control
of Unauthorized Items Seized).
(2) Contraband money as defined in subsection (d)(7) of
this section will be disposed of in accordance with 95.11 of this title
(relating to Disciplinary Consequences).
(c) General Requirements.
(1) [(e)] The Texas Youth Commission (TYC) assessment
center shall prohibit youth possessing personal property except for
medically necessary items. All personal property except for medically
necessary items, will be inventoried, receipted and returned to the
person transporting the youth to the facility to be returned to the
youth's home. The county transporter is responsible for ensuring that
all personal items are returned to the youth's home.
(2) [(d)] Other residential programs may prohibit youth
from possessing personal property except for medically necessary
items, personal letters, and photographs that are otherwise acceptable.
Programs may allow youth to possess limited personal property
consistent with the program's privilege system and/or interaction in
the community in accordance with [(GAP)] 93.1 of this title (relating
to Basic Youth Rights).
(d) [(e)] Prohibited Items/Contraband. Possession (care, cus-
tody or control) of the following items [The following lists of items]
are prohibited and will be considered contraband within a TYC oper-
ated or contract residential facility.
(1) Any item which is a crime to possess under municipal
ordinances or state or federal law, including solvent inhalants, drugs,
and alcohol.
(2) Unauthorized possession of prescription drugs or over
the counter medication. For example: medication not prescribed to the
youth, or in excess of the amount prescribed to the youth, or without
the consent or knowledge of staff, or at an unauthorized time, etc.
(3) Narcotics paraphernalia.(4) Items that can be used, made, or adapted to use as
weapons against self or others.
(5) Pictures or drawings that depict exploitive or sexually
explicit male or female nudity or partial nudity or sexual acts, including
magazines or periodicals, which routinely publish such pictures. No
forms of nudity will be allowed to be posted.
(6) Any items with slogans, mottos or emblems which
are obscene, advocate illegal or immoral conduct, hold individuals
or groups up to ridicule, advocate violence, or reinforce delinquent
subcultural values, or in any way disrupt programs or activities,
including but not limited to posters, pictures, magazines, periodicals,
or clothing.
(7) Money in excess of the amount or not in a form permit-
ted by facility rules.
(8) Gambling paraphernalia (dice, playing cards, etc.).
(9) Devices which have been fashioned to produce tattoos.
(10) Any item not listed on the youth's Personal Property
and Clothing Inventory form, CCF-510 (other than personal letters or
photographs).
(e) [(f)] Due to space limitations, youth may be restricted to
possessions that will fit in their designated storage space in a neat and
orderly manner. This includes letters, pictures, books and magazines.
(1) The amount of space a youth has to store personal be-
longings will be left up to the facility, dependent on local issues such
as the configuration of the dorm.
(2) No youth will be denied the right to possess what the
agency allows based on inadequate storage space; however, local ad-
ministration may limit the number or amount of these items based on
space limitations.
(f) [(g)] Youth with a documented history of self-injury may
have restricted access to certain possessions otherwise authorized un-
der this policy that might be used to cause themselves harm. These
restrictions will be made on an individual basis and documented in the
youth's Individual Case Plan (ICP).
[(h) Unauthorized possessions will be returned to the youth's
parents or guardian.]
(g) [(i)] A program is neither liable for nor will replace lost,
stolen or damaged personal items of youth unless loss or damage can
be shown to have resulted from staff negligence.
(h) [{j)] An inventory of any personal property or clothing a
youth is allowed to possess will be established and maintained. Any
item not listed on this inventory will be considered contraband and dis-
posed of according to [(GAP)] 97.11 of this title.
(i) [(k)] Any personal property or clothing a youth is allowed
to possess will move with the youth to each assigned placement.
(O) [(1)] Youth may not give, take, borrow, steal, barter, or trade
possessions with other youth.
(k) [(m)] A youth who escapes shall be considered to have
abandoned his property. The administrator will notify the youth and
his or her parents, head of household, or managing conservator of the
inventory of property and that the property will be disposed of in 30
days unless shipping COD is authorized. If authorization is given, all
property is shipped COD by the least expensive means available. If
after 30 days in storage the property has not been demanded, then the
property is disposed of. Should a youth subsequently return from an es-
cape, reasonable efforts will be made to return any property remainingPROPOSED RULES October 28, 2005 30 TexReg 7029
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Texas. Secretary of State. Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005, periodical, October 28, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97316/m1/56/?q=%22%22~1&rotate=0: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.