(a) Purpose. This rule establishes the procedures for staff intervention when youth behavior threatens safety and order.
(b) Applicability.
  (1) This rule applies to all facilities, offices, and programs operated by the Texas Juvenile Justice Department (TJJD), unless specifically stated otherwise in this rule.
  (2) This rule does not apply to peace officers employed and commissioned by TJJD or by the TJJD Office of Inspector General.
  (3) This rule does not apply to the use of four-point mechanical restraints for medical or mental health purposes. See §380.9198 of this title.
(c) General Provisions.
  (1) Non-physical interventions are preferred and must be used to the extent practical to manage youth behavior.
  (2) TJJD authorizes its staff to use reasonable force as a last resort to maintain safety and order. Only staff who are trained in agency-approved techniques are authorized to use force.
  (3) The use of force as punishment or for convenience of staff is strictly prohibited.
  (4) Approved use of force techniques are those determined by TJJD to minimize risk of harm to youth and staff.
  (5) Staff must release youth from manual or mechanical restraint as soon as the purpose for the restraint has been achieved.
  (6) If a staff member observes a use of force in violation of policy, he/she must take action, as practical, to protect the youth from harm.
  (7) Staff must report any violations of this policy as soon as possible, but no later than the end of the current shift.
  (8) Violations of this policy may result in disciplinary action up to and including termination of employment.
  (9) After any manual restraint or use of oleoresin capsicum (OC) spray in a high restriction facility, a youth must be assessed by medical staff as soon as reasonably possible under the totality of the circumstances. After any manual restraint in a medium restriction facility, medical staff must be consulted as soon reasonably possible. Any injuries must be documented in the medical record along with an explanation from the youth describing how the injuries occurred. Photographs must be taken of all injuries.
  (10) Only restraint equipment approved by the executive director or his/her designee may be used in TJJD facilities. All restraint equipment must be used in a manner consistent with its design and intended purpose.
  (11) Only the facility administrator, staff having authority to act as the facility administrator, or a higher-level authority in the facility administrator's chain of supervision may declare that a particular situation is a riot, consistent with the definition of a riot.
(d) References.
  (1) For procedures and programs designed to allow youth time to regain self-control, see §§380.9520, 380.9739, and 380.9740 of this title.
  (2) For criteria and procedures on administering a psychotropic drug in a psychiatric emergency when a youth will not give consent for the administration, see §380.9192 of this title.
  (3) For procedures relating to youth searches, see §380.9709 of this title.
(e) Definitions.
  (1) Barricade--any of the following, if used by a youth to prevent and/or obstruct staff from gaining access to the youth: a locked, jammed, or blocked door, dorm furniture, boxes, desks, chairs, computers, folding tables, stacked mattresses, or any other similar item that obstructs passage.
  (2) Handle With Care®--an agency-trained physical intervention system.
  (3) Imminent Harm--a reasonable belief that harm to persons or property is about to occur, unless immediate action is taken.
  (4) Medical Provider--has the meaning assigned by §380.9175 of this title.
  (5) Positional Asphyxia--the reduction in oxygen in the bloodstream and tissues due to an impairment of a person's respiratory system caused by body positioning or the application of external weight/pressure.
  (6) Practical--a reasonable belief that something is capable of being done.
  (7) Reasonable Belief--a belief that would be held by a similarly trained staff considering the totality of the circumstances.
  (8) Reasonable Force--the least amount of force that a trained staff, in like circumstances, would reasonably believe to be necessary to maintain order and safety as authorized under this rule.
  (9) Serious Bodily Injury--an injury that creates a substantial risk of death, serious permanent disfigurement, or extended loss or impairment of the function of any bodily member or organ.
  (10) Substantial Property Damage--at least $500 in damage to state property or another's personal property.
  (11) Totality of the Circumstances--facts and circumstances known by the actor at the time of the incident.
  (12) Use of Force--physical measures used to direct, compel, or restrain bodily movement of a non-compliant youth.
  (13) Riot--a situation in which three or more youths intentionally participate in conduct that threatens imminent harm to persons or property and that substantially obstructs the performance of facility operations or a program therein.
(f) Non-Physical Interventions. Alternatives to force must be used whenever practical to assist a youth in maintaining or regaining self-control. Staff are prohibited from using humiliating punishment, including verbal harassment to manage youth behavior. Staff are trained in the use of the following non-physical intervention techniques:
  (1) Staff presence--this includes mere presence of staff to include non-verbal gestures made with eyes, hands, head, or body utilizing proximity, standing, eye contact and/or facial expressions; and/or involving additional staff to intervene.
  (2) Verbal de-escalation--this includes verbal prompting, directive statements, and redirecting youth attention and/or behavior.
  (3) Use of problem-solving groups.
(g) Physical Interventions. When reasonable force is necessary, staff are authorized to use the following methods:
  (1) Physical Escort--touching of the arm, elbow, shoulder, or back for the purpose of directing the youth from one location to another.
  (2) Mechanical Restraint--use of a mechanical device applied to a youth as a means of restricting a youth's freedom of action.
  (3) Manual Restraint--use of hands-on techniques as a means of restricting a youth's freedom of action.
  (4) Planned Team Restraint--restraint of a youth who is in a locked or barricaded room or security vehicle by a pre-assembled team.
  (5) OC Spray--oleoresin capsicum spray, also known as pepper spray. Oleoresin capsicum is a mixture of essential oil and resin found in nature and derived from any plant of the genus capsicum, such as jalapeño, cayenne, or habanero.
(h) Criteria for Use of Force. Except as otherwise indicated in this rule, reasonable force is authorized under the following circumstances:
  (1) protection of youth from imminent self-harm;
  (2) protection of self from imminent harm;
  (3) protection of other youth or third parties from imminent harm;
  (4) protection of property from imminent, substantial damage;
  (5) prevention of escape or fleeing apprehension;
  (6) movement of a youth referred to the security unit, other temporary isolation room, or alternative classroom;
  (7) movement of a resistant youth within the security unit when the youth's behavior is substantially disruptive and the youth refuses to stop the behavior;
  (8) movement of a resistant youth from a dangerous situation;
  (9) to conduct a search of a resistant youth reasonably believed to be in possession of a weapon, an item that can be adapted for use as a weapon, a controlled substance, or other item(s) that breech the security of the facility;
  (10) to conduct a search of a resistant youth entering the security unit; or
  (11) to administer medical treatment to a resistant youth when failure to do so could have serious health implications and a medical provider has ordered a restraint.
(i) Determining the Intervention or the Reasonable Force to be Used. In determining the type of intervention or the reasonable force to be used, staff must consider whether action needs to be taken immediately or can be delayed until additional staff can organize a team response. However, only a medical provider may determine the type of intervention or the reasonable force to be used in administering medical treatment to a resistant youth.
Cont'd...