(a) Purpose. The purpose of this rule is to establish the minimum supervision requirements for youth assigned to high restriction facilities who are authorized to leave facility grounds.
(b) Applicability.
  (1) This rule applies only to youth placed in TJJD-operated high restriction facilities.
  (2) This rule does not apply to youth assignments to a conditional placement. See §380.8545 of this title.
(c) Definitions.
  (1) Custody and Supervision Rating (CSR)--a rating which determines whether youth will be permitted to participate in off-campus activities and the level of required staff supervision for such activities.
  (2) Staff supervision--refers to supervision provided by a sole-supervision certified TJJD employee. See §380.9951 of this title for the definition of sole-supervision. The proportion of juvenile correctional officer staff included in the staff supervision team will be appropriate to the type of activity and number of youth participating.
(d) General Provisions.
  (1) Each off-campus activity must be approved on a case-by-case basis for each youth.
  (2) Youth may be subject to criteria in addition to the CSR in order to qualify for participation in off-campus activities.
(e) Calculation of the Custody and Supervision Rating. A CSR of high, medium, or low is calculated for each youth using several factors, such as:
  (1) the severity of the committing offense;
  (2) the youth's delinquent history prior to commitment to TJJD;
  (3) the youth's runaway/escape history;
  (4) the youth's recent performance and behaviors; and
  (5) the length of time the youth has been in a secure residential placement.
(f) Supervision Ratios.
  (1) A youth with a high CSR is not permitted to leave the grounds except for necessary healthcare services or emergencies. Constant supervision is provided at a ratio of at least two staff members for one youth, or at least one staff member for one youth if the youth is in mechanical restraints.
  (2) A youth with a medium CSR may leave the grounds for approved activities. Constant supervision is provided at a ratio of at least one staff member for one youth.
  (3) A youth with a low CSR may leave the grounds for approved activities with or without direct staff supervision. For group activities, supervision is provided at a ratio of at least one staff member for every four youth.
  (4) At least two staff members are required for any staff-supervised off-campus activity, even if the supervision ratio would allow for one staff member.
(g) Waivers.
  (1) A waiver of a youth's CSR must be based on a recommendation by the youth's multi-disciplinary team that participation in the off-campus activity would promote progress in the youth's rehabilitation and/or community reintegration.
  (2) The facility administrator may grant a waiver to reduce a youth's CSR by one level. However, the facility administrator may not grant a waiver if the youth:
    (A) is placed under detainer by another jurisdiction;
    (B) is serving an extension length of stay;
    (C) has been released from the Redirect program within the last 90 days;
    (D) has had a Level II hearing (see §380.9555 of this title) proven true for a major rule violation that occurred within the last 90 days;
    (E) has had his/her parole revoked; or
    (F) has ever escaped from a high restriction TJJD facility.
  (3) The division director over residential services or his/her designee may grant a waiver of any youth's CSR by up to two levels.

Source Note: The provisions of this §380.9707 adopted to be effective December 31, 1996, 21 TexReg 12190; amended to be effective February 1, 1999, 24 TexReg 589; amended to be effective September 1, 2010, 35 TexReg 7450; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2014, 39 TexReg 9263