1. (a) Purpose. This rule establishes the procedures for staff intervention when youth behavior threatens safety and order.

2. (b) General Provisions.

   1. (1) Non-physical interventions are preferred, and must be used to the extent practical to manage youth behavior.
   2. (2) Texas Youth Commission (TYC) 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. (3) The use of force as punishment or for convenience of staff is strictly prohibited.
   4. (4) Approved use of force techniques are those determined by TYC to minimize risk of harm to youth and staff.
   5. (5) Staff shall release youth from manual or mechanical restraint as soon as the purpose for the restraint has been achieved.
   6. (6) If a staff member observes a use of force in violation of policy, he/she shall take action, as practical, to protect the youth from harm.
   7. (7) Staff shall report any violations of this policy as soon as possible, but no later than the end of the current shift.
   8. (8) Violations of this policy may result in disciplinary action up to and including termination of employment.
   9. (9) After any manual restraint or use of oleoresin capsicum (OC) spray, a youth shall be assessed by medical staff as soon as practical. Any injuries shall be documented in the medical record along with an explanation from the youth describing how the injuries occurred. Photographs shall be taken of all injuries.
   10. (10) Only restraint equipment approved by the executive director or his/her designee shall be used in TYC facilities. All restraint equipment shall be used in a manner consistent with its design and intended purpose.

3. (c) Applicability.

   1. (1) This rule applies to all facilities, offices, and programs operated by or under contract with TYC, unless specifically stated otherwise in the rule.
   2. (2) This rule does not apply to peace officers employed by the TYC Office of Inspector General.

4. (d) References.

   1. (1) For riot control procedures, see §97.27 of this title.
   2. (2) For procedures and programs designed to allow youth time to regain self-control, see §§95.20, 97.39, and 97.40 of this title.
   3. (3) For criteria and procedures on administering a psychotropic drug in a psychiatric emergency when a youth will not give consent for the administration, see §91.92 of this title.
   4. (4) For procedures relating to youth searches, see §97.9 of this title.
   5. (5) For procedures and restrictions on the use of therapeutic restraints for medical or mental health purposes, see §91.98 of this title.

5. (e) Definitions.

   1. (1) Handle With Care--an agency-trained physical intervention system.
   2. (2) Imminent Harm--a reasonable belief that harm to persons or property is about to occur, unless immediate action is taken.
   3. (3) Mental Health Professional--an individual who is a Psychiatrist, doctoral level Psychologist, masters level Associate Psychologist, Licensed Professional Counselor, or a Licensed Social Worker with an Advanced Clinical Practitioner (LMSW-ACP) designation.
   4. (4) 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.
   5. (5) Practical--a reasonable belief that something is capable of being done.
   6. (6) Reasonable Belief--a belief that would be held by a similarly trained staff considering the totality of the circumstances.
   7. (7) Reasonable Force--the least amount of force which a trained staff, in like circumstances, would reasonably believe to be necessary to maintain order and safety as authorized under this rule.
   8. (8) 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.
   9. (9) Substantial Property Damage--at least $500 in damage to state property or another's personal property.
   10. (10) Totality of the Circumstances--facts and circumstances known by the actor at the time of the incident.
   11. (11) Use of Force--physical measures used to direct, compel, or restrain bodily movement of a non-compliant youth.

6. (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 profanity or slang based on race, gender, sexual orientation, or ethnicity to manage youth behavior. Staff will be trained in the use of the following non-physical intervention techniques:

   1. (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. (2) Verbal de-escalation--this includes verbal prompting, directive statements, and redirecting youth attention and/or behavior.
   3. (3) Use of problem-solving groups.

7. (g) Physical Interventions. When reasonable force is necessary, staff are authorized to use the following methods:

   1. (1) Physical Escort--touching of the arm, elbow, shoulder or back for the purpose of directing the youth from one location to another.
   2. (2) Mechanical Restraint--use of a mechanical device applied to a youth as a means of restricting a youth's freedom of action.
   3. (3) Manual Restraint--use of hands-on techniques as a means of restricting a youth's freedom of action.
   4. (4) Planned Team Restraint--restraint of a youth who is in a locked or barricaded room by a pre-assembled team.
   5. (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.

8. (h) Criteria for Use of Force. Except as otherwise indicated in this rule, reasonable force is authorized under the following circumstances:

   1. (1) Protection of youth from imminent self-harm;
   2. (2) Protection of self from imminent harm;
   3. (3) Protection of other youth or third parties from imminent harm;
   4. (4) Protection of property from imminent, substantial damage;
   5. (5) Prevention of escape or fleeing apprehension;
   6. (6) Movement of a youth referred to the security unit, other temporary isolation room, or alternative classroom;
   7. (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. (8) Movement of a resistant youth from a dangerous situation;
   9. (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. (10) To conduct a search of a resistant youth entering the security unit; or
   11. (11) Administration of medical treatment to a resistant youth when, under the circumstances, failure to administer the treatment could have serious health implications as determined by a physician or mid-level practitioner (such as a nurse practitioner or physician's assistant).
9. (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.

10. (j) Approved Use of Force Techniques. Use of force techniques that may be used are limited to:

    1. (1) agency-trained:

       1. (A) physical escort;
       2. (B) Handle With Care methods of manual restraint;
       3. (C) mechanical restraints;
       4. (D) OC spray, under certain limited circumstances; and

    2. (2) other non-prohibited methods of manual restraint that under the totality of circumstances existing at the time:

       1. (A) are more practical than the agency-trained Handle With Care methods of restraint, taking into account the youth's and staff's particular vulnerability to harm;
       2. (B) involve a use of force that is measured and progressive to a degree no greater than that reasonably believed necessary to achieve the objective; and
       3. (C) do not unduly risk serious harm or needless pain to the youth or staff.

11. (k) Prohibited Restraint Techniques.

    1. (1) Prohibited restraint techniques include the following:

       1. (A) restricting respiration in any way, such as applying a chokehold or pressure to a youth's back or chest or placing a youth in a position that is capable of causing positional asphyxia;
       2. (B) using any method that is capable of causing loss of consciousness or harm to the neck;
       3. (C) pinning down with knees to torso, head and/or neck;
       4. (D) slapping, punching, kicking, or hitting;
       5. (E) using pressure point, pain compliance and joint manipulation techniques, other than an approved Handle With Care method for release of a chokehold, bite or hair pull;
       6. (F) modifying restraint equipment or applying any cuffing technique that connects handcuffs behind the back to ankle restraints;
       7. (G) dragging or lifting of the youth by the hair or ear or by any type of mechanical restraints;
       8. (H) lifting a youth's arms behind the back, while in mechanical restraints, in a manner that is capable of causing injury to the shoulder;
       9. (I) using other youth or untrained staff to assist with the restraint;
       10. (J) securing a youth to another youth or to a fixed object, other than to an agency-approved full-body restraint device; or
       11. (K) administering a drug for controlling acute episodic behavior as a means of physical restraint, except when the youth's behavior is attributable to mental illness and the drug is authorized by a licensed physician and administered by a licensed medical professional.
    2. (2) A physical contact that would otherwise be prohibited, under the above paragraph, does not include one that is only accidental and momentary.

12. (l) Requirements for Planned Team Restraint Situations.

    1. (1) Criteria for Use. Planned team restraint is authorized only to:

       1. (A) stop the youth from engaging in self-harm;
       2. (B) prevent substantial property damage; or
       3. (C) recover a weapon or item that has been adapted for use as a weapon and is capable of causing death or serious bodily injury.

    2. (2) Requirements for Use.

       1. (A) Prior to approval of planned team restraint, the facility administrator or administrative duty officer must personally observe the situation. Only the facility administrator or administrative duty officer may authorize a planned team restraint.
       2. (B) All planned team restraints must be videotaped when practical, including a recording of a verbal description of the youth's conduct and all warnings provided the youth according to the agency approved script.
       3. (C) Only staff trained in planned team restraint may participate in the team that is assembled for the room entry.
       4. (D) The youth must be warned to discontinue the misconduct at least two times after the team is assembled and before the room entry. The team must provide continuous opportunities for compliance during the room entry.
       5. (E) Use of the riot shield during a planned team restraint is limited to cases in which a youth has a weapon or a youth's behavior indicates there is a significant risk of harm to the staff members involved in the restraint.

13. (m) Requirements for Use of Mechanical Restraints.

    1. (1) Guidelines for Use.

       1. (A) Mechanical restraint equipment must not be secured so tightly as to interfere with circulation or so loosely as to permit chafing of the skin.
       2. (B) When mechanical restraints are employed on a youth in a prone position, the youth is placed on his/her side as soon as practical in order to help ensure adequate respiration and circulation. The youth must be allowed to sit up as soon as his/her behavior is under control.
       3. (C) A mechanical restraint, for other than transportation or riot control, shall be terminated as soon as the purpose for which the youth was restrained under subsection (h) of this section has been achieved, but in any event within 15 minutes, unless an extension is granted. Extensions may be granted by the facility administrator or designee for additional 30-minute intervals, until termination of restraint.
       4. (D) When mechanical restraints are applied, staff shall ensure the youth's safety by checking the youth for adequate respiration and circulation every 15 minutes until termination of restraint. Staff will provide continuous visual supervision and appropriate assistance until the mechanical restraint is terminated.
       5. (E) Mechanical ankle and wrist restraints attached to a waist belt by a lead chain may be used when transporting a youth to a security unit, within a security unit, and from a security unit in order to prevent harm to the youth or others. These restraints may not be attached in a manner that prevents the youth from being able to stand upright. Mechanical restraints may remain on the youth during the duration of the activity, if circumstances warrant such restraints.

    2. (2) Restrictions on Use During or After Childbirth.

       1. (A) TYC staff may not use mechanical restraints to control the movement of a youth who is in labor, during delivery, or during recovery from delivery unless the executive director or designee determines that the use of restraints is necessary to:

          1. (i) ensure the safety and security of the youth, the infant, a staff member, or a member of the public; or
          2. (ii) prevent a substantial risk that the youth will attempt to escape.
       2. (B) If restraint is approved by the executive director or designee, staff must use the least restrictive type and method of restraint necessary to achieve the purpose of the restraint.
    3. (3) Mechanical Restraint Use by TYC Transportation Staff. Mechanical ankle and wrist restraints attached to a waist belt by a lead chain shall be used during secure transportation by designated TYC transportation staff. Exceptions may be made for youth being transported following release on parole from a residential program or when medically necessary.

    4. (4) Mechanical Restraint Use by Other Transporters.

       1. (A) Mechanical ankle and wrist restraints attached to a waist belt by a lead chain shall be used during transportation when a youth is being transported to a high restriction program.
       2. (B) Mechanical ankle and wrist restraints attached to a waist belt by a lead chain may be used when transporting a youth off-campus.

14. (n) Requirements for Use of OC Spray.

    1. (1) Persons Authorized to Use OC Spray.

       1. (A) OC spray is permitted only in TYC-operated high restriction institutions.
       2. (B) Unless reasonably believed necessary to prevent loss of life or serious bodily injury, authorization to use OC spray must be obtained from the facility administrator, assistant superintendent, or administrative duty officer prior to each use.
       3. (C) The only staff authorized to routinely carry OC spray on-person are the facility administrator, assistant superintendent, administrative duty officer, juvenile correctional officer shift supervisor (one per shift), program supervisor, and security personnel whose primary responsibility is to patrol the campus and respond to security-related incidents. Any staff positions in addition to those listed must be authorized in writing by the executive director or his/her designee.
       4. (D) Only staff who have been trained by TYC in the use of OC spray are authorized to use it.

    2. (2) Criteria for Use.

       1. (A) Except as provided in subparagraph (B) of this paragraph, OC Spray is authorized for use only when non-physical interventions and other physical interventions have failed or are not practical, and it is reasonably believed necessary to:

          1. (i) quell a riot or major campus disruption;
          2. (ii) resolve a hostage situation;
          3. (iii) remove youth from behind a barricade in a riot or self-harm situation;
          4. (iv) secure an object that is being used as a weapon and that is capable of causing serious bodily injury;
          5. (v) protect youth, staff, or others from imminent serious bodily injury; or
          6. (vi) prevent escape.
       2. (B) Unless reasonably believed necessary to prevent loss of life or serious bodily injury, OC spray is not authorized for use on a youth when a medical provider has diagnosed the youth with a chronic, serious respiratory problem or other serious health condition identified by TYC (e.g., significant eye problems, known history of severe allergic reaction to OC, or severe dermatological problems).

    3. (3) Guidelines for Use.

       1. (A) OC spray canisters must be carefully controlled at all times.
       2. (B) Any youth affected by OC spray will be decontaminated with cool water as soon as the purpose of the restraint has been achieved.
       3. (C) Immediately following decontamination from OC spray, medical staff will be contacted to examine and, if necessary, treat and monitor all youth and staff affected by OC spray.
       4. (D) Each individually assigned canister of OC must be weighed at the time it is assigned and after each use.

Source Note:The provisions of this §380.9723 adopted to be effective September 1, 2009, 34 TexReg 5568; amended to be effective November 1, 2011, 36 TexReg 7356; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639.