1. (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.
2. (b) Applicability. This rule applies only to youth placed in TYC-operated high restriction facilities.

3. (c) Definitions.

   1. (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. (2) Staff supervision--refers to supervision provided by a sole-supervision certified TYC employee. See §105.1 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.

4. (d) General Provisions.

   1. (1) Each off-campus activity must be approved on a case-by-case basis for each youth.
   2. (2) Youth may be subject to criteria in addition to the CSR in order to qualify for participation in off-campus activities.

5. (e) Calculation of the Custody and Supervision Rating. A CSR of high, medium, or low is calculated for each youth using several factors, including but not limited to:

   1. (1) the severity of the committing offense;
   2. (2) the youth's delinquent history prior to commitment to TYC;
   3. (3) the youth's runaway/escape history;
   4. (4) the youth's recent performance and behaviors; and
   5. (5) the length of time the youth has been in a secure residential placement.

6. (f) Supervision Ratios.

   1. (1) A youth with a high CSR shall not leave the grounds except for necessary healthcare services or emergencies. Constant supervision shall be 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. (2) A youth with a medium CSR may leave the grounds for approved activities. Constant supervision shall be provided at a ratio of at least one staff member for one youth.
   3. (3) A youth with a low CSR may leave the grounds for approved activities with or without direct staff supervision. Supervision shall be provided for group activities at a ratio of at least one staff member for every four youth.
   4. (4) At least two staff members are required for any staff-supervised off-campus activity.

7. (g) Waivers.

   1. (1) Except as described in paragraph (3) of this subsection, the division director over youth services or his/her designee may grant a waiver of a youth's CSR. The waiver may reduce a youth's CSR by one level only.
   2. (2) A waiver of a youth's CSR must be based on a recommendation by the youth's treatment team that participation in the off-campus activity would promote progress in the youth's rehabilitation and/or community reintegration.

   3. (3) The following youth will not be eligible to receive a waiver to a lower CSR level:

      1. (A) a youth placed under detainer by another jurisdiction;
      2. (B) a youth currently serving an extension length of stay;
      3. (C) a youth who has been released from the Redirect program within the last 90 days;
      4. (D) a youth who has been released from the Security program within the last 90 days; or
      5. (E) a youth who has had his/her parole revoked.

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.