Sunset Review 2021
The Sunset Advisory Commission of Texas provides the regular assessment of the continuing need for a state agency or program to exist. As part of this process, the Texas Juvenile Justice Department submitted a Self-Evaluation Report the Sunset Advisory Commission on September 1, 2021. This web page is the online edition of the Self-Evaluation Report, which is also available to download in .pdf format.
For questions about TJJD’s participation in the Sunset process, please contact Chief of Staff Sean Grove, who serves as the agency’s Sunset liaison, at .
I. Agency Contact Information
II. Key Functions and Performance
Provide the following information about the overall operations of your agency. More detailed information about individual programs will be requested in Section VII.
A. Provide an overview of your agency’s mission, objectives, and key functions.
Mission, Objectives, & Vision
The Texas Juvenile Justice Department’s mission is to provide a single state juvenile justice agency that coordinates along the continuum of services including county probation and detention services, community services, and state-level care. Local county governments, courts, and communities, along with state-level systems, promote public safety, including accountability and rehabilitation opportunities, by providing a range of effective supports and services to youth. This single-system support prioritizes keeping youth “shallow” in the juvenile justice system through local control processes, promoting programs and services that follow current trauma-informed research-based approaches, and providing safety and security for the youth and public by operating secure facilities to rehabilitate youth who cannot be served in another less-restrictive setting.
Section 201.003, Texas Human Resources Code, provides six goals for the department:
- To support the development of a consistent county-based continuum of effective interventions, supports, and services for youth and families that reduce the need for out-of- home placements;
- Increase reliance on alternatives to placement and commitment to secure state facilities, consistent with adequately addressing a youthful offender’s treatment needs and protection of the public;
- Locate the facilities as geographically close as possible to necessary workforce and other services while supporting the youths’ connection to their families;
- Encourage regional cooperation that enhances county collaboration;
- Enhance the continuity of care throughout the juvenile justice system; and
- Use secure facilities of a size that supports effective youth rehabilitation and public safety.
Vision: An effective and integrated juvenile justice system that:
- Advances public safety through rehabilitation;
- Embraces a one-system approach that includes the significant voice of county probation offices, and allows for local control;
- Equitably affords youth access to services and trauma-informed care, matching their needs to enhance opportunities for a satisfying and productive life;
- Employs a stable and engaged workforce fully empowered to be agents of change and reinforce treatment goals for youth;
- Operates safe and therapeutic environments with positive peer cultures emphasizing mutual accountability; and
- Is a model system with innovative, data-driven, and successful programming.
Key Functions
Public safety and youth rehabilitation
The most important function TJJD provides is public safety through youth rehabilitation and treatment.
Public safety. Public safety entails both ensuring that delinquent conduct by juveniles is appropriately addressed at the right level of the system for the right amount of time to maintain the safety of communities and providing adequate services to meet the specific risks and needs of youth so they have the knowledge and skills to contribute as productive members of society and contribute to a safe community. This requires collaboration at every level of the single juvenile justice system to make certain that local entities have the resources required to meet the needs of youth as much and as frequently as possible, that the state can help when commitment is necessary, and that reentry is supported to reduce future crime in local communities and the likelihood of recidivism.
Accountability. The Office of Inspector General operates a 24-hour hotline for calls and complaints involving allegations of abuse, neglect, and exploitation (ANE) in juvenile justice programs in facilities in Texas. It also receives reports of critical and serious incidents that occur in those facilities and programs. The OIG investigates these allegations and those incidents it deems raise concerns of ANE. Finally, it provides 24-hour entry and confirmation of TJJD Directives to Apprehend (warrants for escape, absconds, and parole violations) for law enforcement throughout Texas and beyond to enhance public safety.
Prevention and intervention services
Early intervention and prevention allow county juvenile probation departments to intervene with youth at risk for further involvement in the juvenile or criminal justice systems. These services reach youth at their earliest stage of system involvement and are built to provide targeted interventions for the youth without formal involvement on juvenile probation or in a post-adjudication residential setting.
Juvenile probation
Juvenile justice system reforms enacted in Texas over the past decade have emphasized evidence-based practices and creating better outcomes for juveniles and their families. To successfully meet these legislative charges, youth must receive the proper level of services and interventions for their individual needs. For nearly 99 percent of youth involved in the juvenile justice system, probation departments operated by local juvenile boards provide the best structure, treatment, and support closer to the youth’s home. There are 165 juvenile probation departments providing prevention, diversion, detention, community supervision, community- based intervention, and post-adjudication residential services to all 254 counties in Texas.
Operating secure correctional facilities
TJJD operates five secure correctional facilities for youth who are committed to the department’s care. These youth come to TJJD from the juvenile courts when interventions at the local level have been unsuccessful or if the youth’s needs or seriousness of his or her offense warrants receiving treatment through state facilities.
Youth services contract program facilities
TJJD solicits and develops high and medium contract care options to meet the changing needs of the agency and provide treatment options for youth in smaller settings. This allows for a targeted approach to a youth’s specific treatment needs, as well as more sustainable milieus within existing state facilities.
Operating non-secure halfway houses
TJJD also operates five residential non-secure halfway houses. These placements provide structured community reintegration for youth and additional treatment that is not necessary to be provided within a secure correctional setting.
Reentry and parole
TJJD provides services to youth through community reentry. When youth have progressed through programming in TJJD-operated facilities to the extent necessary for their continued confinement, TJJD continues to work with these youth by providing services in their home communities to support their long-term rehabilitation. TJJD also contracts with juvenile probation departments to offer these reentry and parole services in certain counties across the state.
Victim services & sex offender registration technical support
TJJD affords victims of juvenile crime their rights under the law and recognizes their losses.
The Sex Offender Registration Administrator works closely with TJJD facility staff, parole courts, and law enforcement in Texas and other states to ensure that court-ordered sex offender registration obligations are enforced lawfully and equitably per Texas statute.
State assistance to local juvenile probation
Juvenile probation is the largest segment of the juvenile justice system in Texas. While each department operates under the direction of a local juvenile board, TJJD is statutorily responsible to provide guidance, technical assistance, and support to the juvenile probation departments across Texas. Multiple agency divisions engage with probation departments through various activities.
Probation support. The Probation Services division develops innovative initiatives and programs and provides strategic thinking on policy, programming, and operations designed to improve outcomes for youth. As a core function, this division builds key strategic partnerships and collaborations with probation departments in all matters related to the juvenile probation system in Texas. It administers approximately $158 million annually in grant programs, such as state aid formula funds to maintain the system and divert youth from TJJD commitment, discretionary state aid programs to improve system outcomes, juvenile justice alternative education programs, Title IV-E reimbursements, and prevention and early intervention services. In 2015, the 84th Legislature instructed TJJD to develop and adopt a regionalization plan, in consultation with local juvenile probation departments, for keeping children closer to home in lieu of commitment to the secure facilities operated by the agency. This division includes the team responsible for implementing the agency’s regionalization plan.
Standards and regulations. TJJD’s Office of General Counsel oversees the standards regulating Texas probation departments, maintains probation officer certification and disciplinary procedures, and provides general technical legal assistance to all probation departments. This division works closely with the TJJD Advisory Council, the Monitoring and Inspections division, and the Probation Services division to create, update, and disseminate agency standards that ensure the probation system meets statutory requirements and uniform standards of supervision and rehabilitation for youth across Texas. The officer certification and discipline structure ensures that staff working in probation departments meet and maintain minimum education, training, background, ethics, and performance standards. The legal help desk assists probation departments in finding the appropriate legal resources to address their questions.
Monitoring. The Monitoring and Inspections division monitors probation department adherence to set standards governing the probation system and provides technical assistance to probation departments on implementation of the standards. Through these activities, this department ensures probation facilities meet life safety and other operational standards and probation departments maintain uniform operational procedures.
Investigations. The Office of Inspector General (OIG) investigates incidents to ensure the safety and security of juveniles served by probation departments. The OIG may investigate alleged crimes and allegations of abuse, neglect, and exploitation committed by probation department employees and works with local law enforcement and prosecutors in support of this goal.
Independent oversight. The Office of the Independent Ombudsman (OIO) works to investigate, evaluate, and secure the rights of youth involved in the juvenile justice system. The Independent Ombudsman is appointed by the Governor and employs a staff to support their mission in a fashion independent from TJJD.
Technology and case management systems. TJJD’s Information Technology (IT) division supports numerous technology applications that support probation system activities. The Juvenile Case Management System (JCMS) and Juvenile Case Extract (JCE) support case management and program evaluation, Grant Manager supports funding, the Integrated Certification Information System (ICIS) maintains training and certification status, the Compliance Monitoring and Enforcement Tracking System (COMETS) documents grant and standards monitoring activities, and various other applications support special programs. IT assigns the Enterprise Support team to provide access and application support to all probation departments.
Training. The Juvenile Justice Training Academy provides initial certification and recertification courses, certification course verification, and professional development training opportunities for all certified officers and probation department employees.
Reporting and statistics. The TJJD Legislative Reporting and Statistics Department collects and monitors the quality of data received from juvenile probation departments, produces legislatively mandated statistical and narrative reports, responds to public information requests for data, provides data analysis to agency and probation decision-makers, offers technical assistance with data and program evaluation, and publishes statistical profiles for probation system use.
Education and workforce development for youth
Education. TJJD operates its own school district for youth in the five secure facilities as authorized under Texas Education Code §§ 30.102 - .106. Youth are placed in grade-appropriate classes with small class sizes to allow for more individualized attention and to foster relationships between the youth and their teachers. Youth earn credits in TEKS-aligned courses and participate in state assessments. Many courses are provided through digital learning platforms, which provide targeted interventions and allow students to work at their own pace with assistance from their teachers. Youth have the opportunity to earn their Certificate of High School Equivalency or diplomas, and twice a year each facility hosts graduation ceremonies. TJJD partners with Blinn College to provide college courses and dual-credit opportunities to the youth. New class options are being developed with the goal of increasing the number of youth leaving TJJD with college credits. Youth at TJJD halfway houses are provided educational services through the local school district in accordance with Section 25.001, Texas Education Code.
Workforce development. TJJD prepares youth to enter the workforce through vocational programs at secure facilities where youth can earn certificates in technology, construction, culinary arts, welding, horticulture, OSHA 10-hour training, forklift operator, and CPR and first aid. These programs provide youth with basic skills and beginning knowledge in these career and technical fields. TJJD facilities also prepare the youth for their future careers through career fairs and by conducting mock interviews. At the Orientation and Assessment Unit, youth participate in career-to-school lessons to provide them with knowledge of career options and ways to become career ready so they can be better prepared to reach their future goals. Facilities also provide financial literacy courses, work study programs, and career preparation classes.
Identification needed for work and school in the community. The passage of HB 4544 during the 87th Regular Session will greatly improve the mechanism by which TJJD provides official identification to incarcerated youth re-entering the general public. The bill requires a memorandum of understanding between TJJD, the Department of Public Safety, and Department of State Health Services, so that every youth has a driver’s license or official state identification, birth certificate, and Social Security card upon re-entry. Identification is often critical to finding housing, gaining employment, and receiving benefits, and HB 4544’s directive provides TJJD with the tools to issue these documents directly to youth.
Treatment Services
Upon arrival to TJJD, youth receive a comprehensive evaluation to determine need for medical, educational, case management, and mental health services. Intake mental health professionals screen and assess youth for significant mental health concerns warranting further monitoring and treatment. Risk needs assessments completed by intake case managers are incorporated into reports developed by mental health professionals; these reports identify specialized treatment and supplemental programming the youth will engage in during their time with TJJD. After completion of their intake evaluation, youth move to a long-term campus where they will engage in the services deemed appropriate by their individualized evaluation.
Dispersed between five secure facilities are treatment teams made up of chemical dependency counselors, sexual behavior therapists, and mental health professionals. Each facility has mental health professionals licensed and those seeking licensure to provide mental health and trauma counseling to youth identified at intake or who present with a need later during their stay. Specialized treatment programming in aggressive/violent offending, sexual behavioral problems, and substance use are completed in group and individual settings. These programs utilize an evidenced-based curriculum designed to address risk factors that are common to these populations. Treatment programs are frequently adapted and individualized to the unique needs of TJJD youth. Central Office treatment staff provide oversight to the treatment providers in the field to ensure fidelity to program models.
B. Do your key functions continue to serve a clear and ongoing objective? Explain why each of these functions is still needed?
TJJD’s key functions remain needed. Because youth continue to experience high levels of trauma, may not receive needed identification of risks and needs early in their lives, may lack resources and appropriate support systems, and have brain development and maturity levels that lead to poor choices, there remains a need to both protect the public and provide resources to youth at all levels of the system including the interconnected key functions of:
- Public safety and youth rehabilitation
- Prevention and intervention services
- Juvenile probation
- Operating secure correctional facilities
- Youth services contract program facilities
- Operating non-secure halfway houses
- Reentry and parole
- Victim services & sex offender registration technical support
- State assistance to local juvenile probation
- Education and workforce development for youth
- Treatment services
As a result, the key functions of public safety and youth rehabilitation continue to serve ongoing objectives. The juvenile justice system supports the need to keep youth shallow in the system and provide the proper dosage of treatment and services that are necessary for public safety and meet the risk, needs, and responsivity of the youth. These functions can only be provided by a statewide juvenile justice system that is focused on local control, validated treatment services, and wraparound services for youth who stay in or reenter their community. When a youth becomes involved with the juvenile justice system, it is ultimately because other systems of support—whether familial, educational, mental health, or other—have lacked the resources or ability to appropriately redirect the trajectory of the youth’s conduct. By this point in their lives, youth often have highly acute needs, and the juvenile justice system is often the last opportunity for proactive intervention and protection of public safety.
C. What, if any, functions does your agency perform that are no longer serving a clear and ongoing purpose? Which agency functions could be eliminated?
All agency key functions continue to serve clear and ongoing purposes; however, there are a few functions performed by TJJD that would be best served by other agencies or that remain in statute but are no longer relevant or performed.
Collecting child support. When a youth is adjudicated, the court may order payment of child support to TJJD. In FY 2020, TJJD collected $38,784 of $84,160 in court-ordered funds, or 46%. TJJD reports delinquent payments to the Office of the Attorney General for collection action. Over time, $4,006,117 has accrued in unpaid court-ordered child support. These amounts are reported in the Annual Financial Report as payments owed. This is potentially a cause of confusion for two reasons. First, these pending payments overstate our financial situation as we do not have a mechanism to mark them as uncollectable and they continue to accrue over time despite the fact that they are unlikely to be paid. Second, these funds, when collected, are sent directly to the Office of the Comptroller account. TJJD requires 0.75 FTE to manage these collections without direct benefit to the agency as they are not used as an appropriated receipt or included in TJJD’s indirect cost appropriation.
Inactive programs. The following functions are no longer performed by TJJD:
- Operation of an Industries Program, which allowed TJJD to develop and expand public and private department industries. Human Resources Code Chapter 246. TJJD does continue to offer vocational training for youth, but not under this program.
- Operation of forestry and parks-maintenance camps and ranches to treat youth committed to TJJD, including requiring youth to perform conservation and maintenance work at the camps and ranches. Human Resources Code Sections 242.059(2) and 244.006.
D. Does your agency's enabling law continue to correctly reflect your mission, objectives, and approach to performing your functions?
The agency’s enabling legislation is a correct reflection of our overall mission, objectives, and approach to performing our functions. There are some areas that could be modified to eliminate some barriers to the agency’s objectives.
For example, the agency is tasked with imposing minimum standards for juvenile probation departments and facilities. TJJD interprets the requirement to impose minimum standards to mean that the standards the agency imposes set the minimum that the juvenile probation department or facility must do in that particular area to be in compliance. This interpretation is consistent with the concept of standards. The term “minimum standards” is used throughout Texas statutes to mean this. There are, however, differences of opinion as to whether TJJD is to set the minimum level of standards appropriate to juvenile justice settings and methods, allowing departments to adopt their own higher standards, or whether this means that TJJD must limit standards to the minimum required by statute or case law. Clarity in this function to ensure consistent understanding would be helpful.
E. Have you previously recommended changes to the Legislature to improve your agency’s operations? If so, briefly explain the recommended changes, whether or not they were adopted, and if adopted, when.
Recent Direct Requests
Restoration of county prevention and intervention services
In facing a 5 percent cut, TJJD believed it was critical to maintain the highest level of probation services possible for youth already in the system. As a result, TJJD eliminated prevention services for youth not yet in the system and requested it back in our LAR. Early identification of youth with risk factors (such as experiencing childhood trauma, involvement with negative peers, lack of family structure and support, barriers to community and educational supports, lack of involvement with pro-social activities, and an early history of truancy) is critical to a future juvenile justice system that includes as few youth as possible. (Approved 87th Legislature.)
Early identification and intervention with childhood trauma
When youth come in contact with the juvenile justice system, the conditions and trauma that led them there generally began much earlier. This fact lets us know that the systems that served them from early childhood may not have had the resources to identify youths’ issues early and intervene before they could move deeper into the system. As a result, early intervention programs that focus on identification of trauma at the earliest point possible within our system and work with families to understand, respond, and advocate for themselves to meet the risks and needs that may impact further involvement with the juvenile justice system are needed. TJJD requested a discretionary grant program for counties to advance this important work. Early identification and intervention with childhood trauma and its effects is a cost-effective way to avoid massive costs of healthcare, incarceration, foster care, and other needs that will follow children and involve high costs throughout their lives. (Not approved.)
Increased sustainability for probation services
Overall, the state funds 64 percent of adult probation costs, and local costs are offset through offender fees. In the juvenile system, the state funds 25 percent of probation costs, and counties bear the remaining cost because fees are not charged to juveniles. These percentages include the high costs of residential placements. As shown in the chart to the right, residential costs are much higher for youth.1 As a result, employing these placements can be difficult for departments, especially smaller ones where a handful of youth can dominate a large percentage of the overall budget.
Sustainability of services is key, and predictable funding levels are needed to do so. We requested an increase for probation that would equate to a 5 percent increase in the state share as an initial step toward stabilizing funding and giving county probation departments the ability to focus on building new resources with less concern about sustainability. (Not approved.)
Aftercare services
Youth who successfully complete a residential treatment placement are best served by receiving aftercare services in accordance with the discharge plan or recommendation of the treatment provider. Research has shown that effective and responsive aftercare assists juveniles in successfully transitioning back into the community from a highly structured environment.2 3 4 Over fiscal years 2018-2020, an average of 88 departments applied for Regional Diversion Alternatives (RDA) funding to place a juvenile in residential treatment, with an average of 144 juveniles who would benefit from quality aftercare programs such as out- patient drug treatment, ongoing individual or group counseling, out-patient sexual behavior treatment, and intensive case management. We requested funding for RDA aftercare to support programming for juveniles placed in residential treatment and diverted from TJJD commitment through the RDA grant to maintain and reinforce the practical application of skills learned as they transition back into their communities. (Not approved.)
2 Kaminer Y, Burleson JA, Burke RH. Efficacy of outpatient aftercare for adolescents with alcohol use disorders: A randomized controlled study. J Am Acad Child Adolescent Psychiatry. 2008; 7:140 5–12.
3 Kaminer Y, Godley M. From assessment reactivity to aftercare for adolescent substance abuse: Are we there yet? Child Adolesc Psychiatr Clin N Am. 2010; 19:5 77–90.
4 Family-centered Residential Treatment: Knowledge, Research, and Values Converge. Walter, Uta M.; Petr, Christopher G. Residential Treatment for Children. Vol. 25(1), 2008, 1-16.
Emergency mental health placements
At the county level, probation departments need the ability to respond quickly to a youth in a mental health crisis. For many departments, the costs of doing so for just one youth would be damaging to their overall budget because the federal intensive plus rate for services is $400.72 but true costs can actually reach $500 to $600 per day. As a result, TJJD requested funds for crisis mental health stabilization services at the county level that would have allowed for immediate support for youth in suicidal or other crises. Because the need for such services cannot be predicted department by department, this program would work similarly to the Regionalization Program, with county probation departments requesting funds for this support from a fund administered by TJJD that can be accessed quickly. (Not approved.)
Mental health collaboratives
Responses to mental health issues among youth are improved when a collaborative multi- disciplinary effort is used. As a result, TJJD requested discretionary grant funds to increase local and regional interagency collaboration to better meet the needs of youth with mental health issues. (Not approved.)
Competitive rates for contract care
Contract care and probation-run residential programs are options for many probation youth with high needs. The appropriated pre- and post-adjudication strategy for probation has not been adjusted since Child Protective Services raised their residential rates to a range from $197.69 to $277.37 for similar youth in 2019. Increased funding for probation departments will allow them to pay competitive rates, enhancing options for youth. (Not approved.)
Specialized, modern facility for youth with intense mental health needs

These youth also require more intensive psychiatric care with providers trained in trauma- informed care to maintain the least amount of medication while maintaining therapeutic measures. More intense psychiatric care also helps to ensure the necessary structure, stability, and supervision needed to minimize the risk of youth harming themselves or others and improve dysregulatory patterns. The direct-care staff also require additional training to use psychological brain-mapping tools necessary for therapeutic measures.
As a result, we requested a new, dedicated small facility for committed boys with the most severe mental health issues to be located in an area with greater access to mental health talent. Because of the growing number of youth with such needs, this facility could serve 48 youth with the potential to grow to 64, if needed. This facility would have an overall staffing ratio of 1:4 with a 1:2 ratio in a small crisis stabilization center within it. (Not approved.)
5 FY 2020, March through July
Specialized, modern facility to meet the needs of girls

TJJD girls have very high levels of trauma, with 86 percent having 4 or more Adverse Childhood Experiences (ACEs), and when we screen them for potential sexual exploitation, 36 percent are of clear concern and 55 percent are of possible concern. Girls represent less than 10 percent of the youth in TJJD secure facilities. This fact alone indicates that the girls who come into state care have intense needs. The small number of girls in state care quite often have an intense level of trauma that causes them to respond automatically and aggressively to perceived threats—threats that may not be real. To be safe, these girls with extensive trauma histories must feel safe. A high level of environmental safety, opportunities to connect with safe adults, therapeutic care, and heavy reinforcement of regulation skills are all necessary to maintain safety. Until the girl can feel safe and then learn to lower her responses, these fight responses increase the likelihood of being charged for committing an assault on public servant during an intervention and moving deeper into the criminal justice system. Girls in secure facilities consistently engage in minor rule violations at a rate 65 percent higher than average and are twice as likely to assault staff. Additionally, girls are much more likely to engage in suicidal behavior and ideation and to require placement on suicide alert. Of girls in secure facilities 63 percent have been placed on suicide alert at least once—about twice the percentage of TJJD secure youth overall — and average nearly 7 suicidal behaviors—about three times the percentage of TJJD secure youth overall.
A new 48-bed facility for girls would allow TJJD to serve exclusively their specific needs, prioritizing those with intense mental health needs, violent behavior, and survivors of child sex trafficking. For youth with intense mental health needs, it would also provide a Crisis Stabilization Unit for girls, which TJJD does not currently have. This facility would have an overall staffing ratio of 1:6. (Not approved.)
Specialized, modern facility to meet the needs of very young offenders

measures. These youth are about twice as likely to assault youth or staff, commit major rule violations, and engage in consistent, minor rule violations. Additionally, they are much more likely to engage in suicidal behavior and ideation and to require placement on suicide alert. Of these youth, 56 percent have been placed on suicide alert at least once—slightly less than twice the percentage of TJJD secure youth overall and average 4.4 suicidal behaviors—about 1.5 times the percentage of TJJD secure youth overall.
As a result, we requested a small 48-bed secure facility designed to meet the needs of younger boys who need additional levels of attention. This facility would have an overall staffing ratio of 1:4. (Not approved.)
Validated risk and needs assessment
In 2009, HB 3689 (McClendon, Kolkhorst, Isett, Madden) required probation departments to complete a validated risk and needs assessment for every youth under probation department jurisdiction before disposing of the case. The Family Code was further amended by SB 1630 (Whitmire) in 2015 to emphasize that juvenile courts should consider the results of a validated risk and needs assessment prior to ordering a TJJD commitment. A comprehensive assessment is the critical step to understanding the issues and needs of a youth and is necessary to design a plan for that youth, including treatment. In 2018, we identified funds through state savings to provide access to a statewide validated assessment tool; however, this funding method cannot be predictably sustained and the loss of this assessment would set back the ability of juvenile departments to appropriately intervene and provide services and treatment for youth. As a result, we requested sustainable funding for this purpose. (Not approved.)
Probation appropriation structure
State appropriations for juvenile probation funding recognize statewide trends in rehabilitation and treatment needs and corresponding spending patterns that may not hold true for each individual department. There are five appropriation strategies supporting the basic state aid formula funding that compose more than 80 percent of the annual grant allocations TJJD provides to probation departments. In FY 2018-2019, probation departments refunded 1.35 percent of all basic state aid formula grant funds to TJJD, but not all strategies were refunded at the same level. The commitment diversion and mental health services strategies had refunds almost double the overall level, at 2.41 percent and 2.69 percent respectively.
The higher refund rate from commitment diversion and mental health funding strategies coupled with the significant expenditures from other appropriation strategies in their spending categories demonstrate the difficulty probation departments have in budgeting within the current funding structure. Dividing funding across too many strategies, each with its own limitations on how the funds may be used, results in departments being unable to utilize all of their state resources to meet the needs of referred youth. Additionally, the current structure fails to capture all the state resources utilized for mental health and commitment diversion services in juvenile probation departments. Organizing funds into fewer appropriation strategies with more diverse allowable expenditures will give probation departments flexibility to fully utilize resources and serve more juveniles at the local level. To that end, we recommended shifting the commitment diversion and mental health appropriation strategies, A.1.5 and A.1.7, into the community programs and pre- and post-adjudication appropriation strategies, and allowing commitment diversion and mental health expenditures from these sources of funding. (Not approved.)
Juvenile Justice Alternative Education Program support and sustainability
TJJD is responsible for administering the Juvenile Justice Alternative Education Program (JJAEP) across the state. Certain probation departments are mandated by Texas Education Code 37.011 to operate JJAEPs, which are alternative education programs that provide services to youth who have been expelled due to violations of the student code of conduct, including Penal Code offenses. These programs are funded by the Texas Education Agency and passed through TJJD. JJAEP attendance days rose 40 percent in school year 2018-2019 and an additional 22 percent in school year 2019-2020. As a result, the average attendance day reimbursement provided to JJAEPs decreased from an average of $96 per day to $60 per day in school years 2018-2019 and 2019-2020, creating a significant reduction in JJAEP operational budgets. The 87th Legislature approved changes to the General Appropriation Act, Article V, rider 13 to ensure that if the daily mandatory attendance reimbursement rate falls below $86 per day because of increased days of attendance (the rate established for the 2014-2015 school year), TEA will increase appropriated funds to TJJD to provide a minimum reimbursement of $86 per attendance day. (Approved 87th Legislature.)
Enhanced staffing ratios for special populations
TJJD must ensure that wherever our youth are located, they can be supervised at the levels appropriate to their needs. To be compliant with the Prison Rape Elimination Act (PREA) requirements, TJJD must meet a minimum 1:8 ratio, but for many of our youth an even smaller ratio is needed. Youth in active mental health crisis (1:2), youth with significant mental health needs (1:4), youth with intellectual disabilities (1:6), highly violent youth (1:4), younger and more vulnerable youth (1:4), and girls (1:6) need augmented staffing ratios. More in-depth discussions of the needs and requirement of these populations are included in the sections above related to Very High Needs and Intense Needs youth. As a result, we asked for increased staffing levels for these specific populations. We requested 116 FTE to support necessary increased staffing ratios for intense risk populations and 63 FTE to maintain basic services. The 87th Legislature approved 31.5 more FTEs in FY 2022 and increased to 63 FTE in FY 2023 for direct care staff, or 35 percent of what had been requested. (Partially approved 87th Legislature.)
Appropriate pay for direct-care staff
According to employee exit surveys, the most common reason new hires gave for their departure was obtaining a better job with better pay.
The job of a Juvenile Correctional Officer (also known as Youth Development Coach) is difficult and not everyone is suited to its physical and mental demands. Our direct-care staff are required to be active and engaged with youth throughout the day: leading activities, keeping youth busy, helping youth to work through stressful situations, and managing many transitions. Eight or more hours of consistent interaction with any group of teenagers can be tiring and stressful, but our youth have more significant issues, and when a situation escalates, it can lead to violence or other negative outcomes. This stress is exacerbated when, because other staff are not available, employees must work unscheduled overtime. The current salary is not commensurate with the work and is insufficient to recruit qualified candidates. It is clear that we need to be able to recruit staff more likely to be suited to the role, through higher salaries more appropriate to the actual work and creating a larger candidate pool through additional smaller facilities that provide geographic diversity. Direct-care roles within our facilities equate more closely with Child Protective Services than with the adult correctional system. As stated above, our direct-care staff are required to be active and to engage in modeling and teaching good decision-making and stress management. They are not simply there as guards or security staff; they are caregivers to youth with high trauma backgrounds and mental health challenges.
In the 86th Legislative Session, we received an increase that raised direct-care salaries to be commensurate the Texas Department of Criminal Justice. However, while the requirements of the positions at both agencies are difficult, working with youth on a consistent basis requires a different set of skills—one of our primary goals is to help youth avoid moving into the adult system. As a result, we requested salary adjustments that would have allowed us to move our direct-care staff from an average of $40,652 per year to an average of $48,253 per year, which takes us a significant step closer to the salaries at Child Protective Services and will allow us to better recruit and retain these positions. (Not approved.)
Enhanced community and family services
After being paroled or discharged from TJJD, youth return to their families and communities. Though the youth has received treatment and intervention, generally the environment to which he or she return remains the same. TJJD offers an evidence-based rehabilitation strategy with supplemental specialized treatment programs and services to youth committed to the agency coupled with limited family supports. The agency’s rehabilitative strategy includes a reentry system, which aims to connect youth and their families to agency supports and community resources well in advance of the youth’s return to the community, and to execute those plans effectively following the youth’s return, to maximize potential for a positive outcome. The reentry system includes preparation and assistance to connect youth with services in the following areas: housing, transportation, workforce development and employment, leisure skills activities, faith-based programming, mentoring, Medicaid, medical care, and specialized aftercare services including mental health treatment, aggression management, sexual behavior treatment, and alcohol and other drug abuse treatment with the limited ability to teach assigned youth and families to navigate systems (medical, behavioral health, educational, workforce, human service agencies, community resources, housing, transportation, recreational/leisure) and to appropriately advocate for themselves within these systems.
There is a need to enhance the services through in-house victim’s services and trauma- responsive care training. Many of the youth will be returning to the same families and communities where they experienced trauma and violence. A key to prevent recidivism is to begin to help stabilize the family environment as early as possible.
Additionally, the agency intends to enhance the capacity to assist with family housing issues that could result in the youth’s potential homelessness, family reunification services to address familial discord, parenting skills classes, education for the family regarding the youth’s intellectual and/or physical disability, and/or the youth’s mental health issues. (Not approved.)
Medicaid coverage for hospitalized system youth
TJJD raised the issue related to the state costs for paying full costs for youth who must have an overnight stay in the hospital for illness or injury. The 87th Legislature approved access to Medicaid coverage for these youth through HB 1664 (White). This bill supports youth at state and county levels who are in secure residential placements for physical medical needs; it does not apply to hospitalization for a mental illness or crisis. (Approved 87th Legislature.)
Information technology needs
TJJD, including probation, has legacy IT systems used to manage information regarding youth and to report information. These systems, which were created decades ago and require intensive management, have become obsolete. At the state level, the Correctional Care System is currently being replaced with “Connect,” a modern system. Additionally, at the county level, the Juvenile Case Management System (JCMS) has similar issues and work is being done to improve and update this system. Ultimately, there will be a single Connect interface, allowing the systems to share information and create workflows as youth transfer from county care to state care and for state information to be shared more freely with the county probation departments. Because of the critical need to update these systems, TJJD requested additional funding to continue these upgrades. (Not approved.)
Sustainable body-worn camera program
Body-worn cameras are critical to TJJD’s ability at the state level to create safer environments. These were put into place in Q4 of FY 2018 and Q1 of FY 2019. They allow TJJD state services and OIG to immediately investigate allegations, reduce the time of investigations, and take swift action against proven allegations or policy violations. They have also resulted in extraordinary reductions in false reports, allowing OIG to focus on what is most important. The 87th Legislature funded half of the costs at $1,600,000 for the biennium. (Partially approved 87th Legislature.)
Attrition and OIG C pay scale parity for law enforcement officers
The OIG is a statutorily created independent law enforcement agency at TJJD that is responsible for conducting criminal, abuse, neglect, and exploitation investigations and enforcing state laws on property owned or operated by or under the jurisdiction of TJJD. The OIG is also responsible for conducting investigations at county facilities and departments (including in-state and out-of- state contract care) under TJJD jurisdiction. This proposal would have funded raises for OIG law enforcement and investigative personnel to a level comparable with other state agencies such as TDCJ-OIG, TXOAG, TXPW, and TABC, all of whom received a pay raise in the 87th Regular Session. This proposal also provided for certification pay in order to recruit and retain higher- qualified peace officers. The current challenges with recruitment and retention for OIG peace officer positions disrupts state operations. Conducting criminal and administrative investigations in juvenile detention or correctional settings is a specialized investigative skill set requiring additional training and experience. OIG attrition is as high as other state agencies according to SAO numbers, but not as high as TJJD overall. Traditionally, law enforcement attrition is much lower than that of other state job classifications; however, more competitive salaries at other state agencies and local law enforcement can drive a higher rate at OIG. Vacant positions and a loss of tenured staff lead to a decrease in OIG responsiveness and timeliness in investigations. This can then result in increased overtime costs for state programs and OIG, suspensions of TJJD facility staff with pay for longer periods, and staff shortages in direct care due to delays in investigations. An equity adjustment in salaries and parity with the C pay scale will increase recruitment and slow attrition. (Not approved.)
Human trafficking initiative
The OIG recognizes that many of its TJJD committed juveniles and parolees are vulnerable to possible human trafficking upon release, or recruitment while in state-secure confinement or transfer to a medium-security halfway house. These juveniles and parolees are sometimes foster children or do not have stable and safe housing arrangements, which increases their risk of domestic minor sex trafficking. The proposal would have enhanced OIG's human trafficking investigation capacity by hiring additional investigators that would have fugitive apprehension duties. OIG would have hired additional investigators to collaborate with TXDPS, TXOAG and TABC human trafficking teams and units throughout the state. This effort would also have included proactive efforts to meet with potential parolees before release. The OIG anticipates continued increases in the domestic minor sex trafficking incidents and human trafficking investigations. This effort would increase the collaboration and enforcement activity already being conducted by providing additional dedicated resources to work on juveniles already in the juvenile justice system. (Not approved.)
OIG fleet replacement
This proposal would have replaced the OIG fleet vehicles that were not able to be replaced during the FY 2019-2020 biennium because of state budget cuts associated with COVID-19. The current vehicle fleet is aging, and OIG has many vehicles that have been in service between five to ten years. In many cases, these vehicles have in excess of 125,000 miles, and it is anticipated they may be used an additional 50,000 miles before the next biennium. OIG requested an additional 24 vehicles, 12 each fiscal year. Two of these vehicles would needed to be equipped for K-9 teams. The remaining vehicles will be used for criminal investigations, gang intelligence, administrative investigations, and fugitive apprehension. Current older OIG vehicles can then be used for exterior security operations at the five secure facilities. At this time only the five K-9 officers are assigned take-home vehicles, and consequently investigators are responding to critical and serious incidents such as sexual assaults and escapes in their personal vehicles. OIG anticipates a continued increase in the number of calls and complaints received at state, county, and contract facilities. These replacement and additional vehicles would improve responsiveness, timeliness of investigations, and oversight. (Partially approved 87th Legislature.)
Incident Reporting Center enhancements
The Incident Reporting Center (IRC) at the OIG is also responsible for taking calls and complaints at county facilities and departments (including in-state and out-of-state contract care) under TJJD jurisdiction. Since the creation of OIG, the IRC has had a small team of between 6 and 7 telecommunication specialists to receive 24-hour hotline complaints and serious and critical incident reports from all of the juvenile justice facilities and programs in Texas. These responsibilities include the review of use of force incidents and allegations of excessive force by juvenile corrections and juvenile supervision officers. The IRC evaluates each of these calls and complaints and then refers some of those for investigation and provides the proper notifications. The OIG anticipated continued increases in the number of calls and complaints received from all types. The IRC enhancement request sought to add additional telecommunication operators, criminal analysts, and other staff to the IRC to reduce call times, obtain additional caller information, conduct complaint assessments, process requests for data and records, and provide proper oversight of referred matters. Finally, the State Auditor’s Office recommended improvements to the tracking and follow-up of referrals, which would not be possible based on current staffing. (Not approved.)
Repairs, maintenance, and life safety
The introduced General Appropriation Bills from both the House and the Senate included an additional base reduction of $5 million allocated for life safety and deferred maintenance projects for the FY 2022-2023 biennium. The agency submitted an exceptional item request to restore this funding. TJJD facilities must be maintained in compliance with life safety, health, and fire codes. When the intended use of the buildings changes or they undergo major rehabilitation, the buildings must be brought in line with current life safety codes. Studies have indicated that well-maintained facilities have a lower total cost of ownership. Repairs should be funded between 2 percent and 4 percent of the replacement costs each year. Fast-tracked emergency repairs are usually accomplished at a premium cost and reduced quality control. By removing the need for emergency repairs (to every extent possible) the facility has time to effectively plan and execute its projects and maximize benefit for the funds expended. TJJD has developed a 10-year life-safety and deferred-maintenance plan assuming $5 million in base- level funding. Reductions in this base-level funding will add to the continued deterioration of the agency’s aging infrastructure and will add significant expense to routine maintenance repairs and future project costs. HB 2 partially funded the restoration of these funds and provided $3.5 million in supplemental funding. (Partially approved 87th Legislature.)
Funding for pilot early intervention programs focused on identifying trauma
When youth come in contact with the juvenile justice system, the conditions and trauma that led them there generally began much earlier. This fact lets us know that the systems that served them from early childhood may not have had the resources to identify youths’ issues early and intervene before they could move deeper into the system. As a result, early intervention programs are needed that focus on identification of trauma at the earliest point possible within our system and that work with families to understand, respond, and advocate for themselves to meet the risks and needs that may impact further involvement with the juvenile justice system. (Not approved.)
Needs Identified in Strategic Plan
Mediation and arbitration
(Human Resources Code (HRC), Section 242.004 – from Strategic Plan) “The mediation/arbitration requirement is onerous, inefficient, and costly. TJJD operates one central office and most staff in field offices perform work related to youth services. When a former employee wishes to mediate, TJJD must pay for the centrally-located manager and a certified arbiter to travel (often overnight) to the location of the aggrieved party. This presents significant cost to the agency in lost manpower and travel expenses. The two most common requests at mediation are for back pay and reinstatement. Neither request can be granted without careful deliberation of the individual circumstances and liability risks to the agency, which must be done in consultation with multiple departments within the agency (e.g., executive and general counsel). This makes it impossible to immediately grant or deny the former employee’s request; therefore, the majority of mediations result in an impasse. A more efficient solution is for the employee to grieve the action, allowing the manager to consult documents, investigations, and relevant personnel before issuing a decision. TJJD already offers post-termination grievance options to former employees in addition to the significant due process offered to employees post-termination.”
Redundant reporting
(HRC 242.001, 242.002, 245.0535 – from Strategic Plan) “The Human Resources Code creates three separate but related reporting requirements with various time frames submitted to different stakeholders, creating inherent inefficiencies. Additionally, although required by these statutes, TJJD researchers cannot reliably determine whether or how much treatment programming in facilities versus reentry programming uniquely affected recidivism. Youth outcomes are driven by the collective of effective treatment programming and re-entry. Therefore, the agency suggests combining the evaluation of both.” TJJD recommends replacing the three statutes with a statutorily-required biennial evaluation of treatment programs and reintegration/reentry programming.
Specific confidentiality requirements
(HRC 242.056 – from Strategic Plan) “Section 242.056, Human Resources Code, requires TJJD to adopt standards regarding the confidential correspondence of youth that are consistent with those of the Texas Department of Criminal Justice (“TDCJ”). Specific requirements regarding confidentiality requirements involving children under the agency’s care should be incorporated into the TJJD enabling legislation rather than having the agency follow another agency’s procedures, even if those procedures change. Placing desired requirements into TJJD statutes will eliminate the need to track future TDCJ policy changes and will clarify the intent of the statute.”
Release notifications
(HRC 245.051, 245.054 – from Strategic Plan) “TJJD does not always know 30 days prior to a youth’s release because of the process of the release review panel, which is statutorily required. Thus, 30-day time frames under Section 245.054 are impracticable, create practices whereby courts are provided notices for youth who will not in fact be released, and create additional work for case management and clerical staff. The 30-day timeframe has also resulted in youth remaining in a TJJD facility longer than necessary after meeting the criteria for release.” TJJD recommends amending Section 245.054 to match the time frame in Section 245.051 (ten days).
Appropriate lengths of stay
(Family Code 59.009 – from Strategic Plan) “As written the statute allows TJJD to extend the length of stay of a youth committed without a determinate sentence but does not allow for a reduction of length of stay. TJJD has a mechanism to reduce the length of stay when appropriate; however, due to the statute, it cannot be reduced to less than nine months. There may be times that a youth can complete the requirements for parole prior to the expiration of nine months, and giving TJJD the ability to reduce the length of stay in those instances would help make TJJD’s operations more efficient...For more successful rehabilitation, youth should be released from high restriction facilities as soon as appropriate. Research shows that keeping youth in residential facilities for longer than necessary creates lower success rates. Continued supervision and provision of services can take place in home communities without the need for placement and at a lower cost.” TJJD recommends adding language to 59.009 making clear that TJJD may extend or reduce the length of stay. This bill passed but was vetoed by the Governor, although the veto statement did not pertain to this portion of the bill.
Clarity on fees
(HRC 203.0082 – from Strategic Plan) “Prior to the merger of the Texas Youth Commission and the Texas Juvenile Probation Commission, all of TJPC’s authority was located in one chapter of the Human Resources Code (Chapter 141). Former 141.023 gave TJPC the authority to establish fees reasonable and necessary for the administration of that chapter. The language was unchanged with the merger, but the provisions in Chapter 141 that TJPC would have charged fees for were not put in Chapter 203. Thus, it is arguable that TJJD does not have authority to charge fees (such as for the administration of the certification exam).” TJJD recommends clarifying that this fee authority applies to the statutory title rather than the specific chapter.
Prior Legislative Requests
Definition of nonsecure correctional facility
The definition of nonsecure correctional facility used to be in statute. In 2013, it was removed in lieu of a reference to another statute. Unfortunately, the referenced statute does not contain a definition of a nonsecure correctional facility. In 2015, HB 2616 contained language to restore this definition in Section 51.02, Family Code, but the bill did not pass.
Definition of child
In 2011, the law was changed to provide that a juvenile on determinate sentence probation remains under the jurisdiction of the juvenile court until age 19 rather than 18. This means the juvenile receives services from the juvenile probation department and juvenile court, including the possibility of services in a post-adjudication secure correctional facility until age 19. Because the definition of a child includes a person who is under 18 who has been adjudicated for delinquent conduct, it is sometimes difficult to acquire services in the community for these determinate sentence probationers once they turn 18. In 2015 HB 2616 sought to make this clarification by amending the definition of child in Section 51.02, Family Code, so that it would include juveniles on determinate sentence probation who were not yet 19. However, the bill did not pass.
Jail for witnesses
Pursuant to Section 52.0151, Family Code, courts have the authority to bench warrant juveniles from TJJD for the purpose of holding them in jail to be a witness in another case. The court also has the authority to bench warrant juveniles on probation who are in a secure pre-adjudication or secure post-adjudication facility. The law provides that the person may be detained in a certified juvenile detention facility if under the age of 17 and in a jail if at least 17. While juveniles committed to TJJD who are at least 17 are statutorily allowed to be held in adult jail for parole revocation hearings, even without being charged as an adult for a criminal offense, this is the only statutory instance in which a juvenile who is not committed to TJJD and not charged as an adult with a crime is allowed to be held in an adult jail. As this actually results in a child being detained in an adult jail, potentially in violation of the federal Juvenile Justice and Delinquency Prevention Act, TJJD recommended this statute be amended so that juveniles on probation remain in juvenile detention if bench warranted to be a witness. HB 2616 sought to address this in 2015. However, the bill did not pass.
Clarity on determinate sentence eligibility
In the past, the offenses eligible for determinate sentencing have been modified whenever changes were made to the offenses listed in Article 42A.054, Code of Criminal Procedure (formerly known as 3(g) offenses). There have been modifications to that list without corresponding modifications to the determinate sentencing offenses. This has resulted in serious offenses not being eligible for determinate sentencing and has even resulted in a situation in which a person committing certain second-degree felony offenses is eligible for a determinate sentence whereas a person committing a first-degree burglary with intent to commit one of those same second-degree felony offenses is not explicitly eligible. This clarification was included in HB 2616 in 2015, but the bill did not pass.
Clarity on nonsecure settings
Section 54.04, Family Code, sets out a court’s options with regard to disposition of a juvenile case. There is a grammatical error in the statute in which the court’s authority to place a juvenile in a nonsecure correctional facility as a term of probation is in the wrong place in the statute. It should be listed under 54.04(d)(1), which is where the court may place the child on probation in specific locations. It instead is listed in (d)(5), which is lacking the terminology specifying that such placement is related to a child on probation. This was recommended in HB 2616 in 2015, but the bill did not pass.
Confidentiality of investigations
Section 201.001, Human Resources Code, sets out that TJJD has jurisdiction over children up to age 19. The definition of a child for TJJD purposes includes all children in TJJD custody, including those up to age 19. Section 201.001, Human Resources Code. However, TJJD’s responsibility to conduct abuse, neglect, and exploitation investigations is found in Chapter 261, Family Code. Unfortunately, that section does not include the definition of a child. As such, the Attorney General has held the definition from Section 101.003, Family Code, applies and that investigations of children who are at least 18 are not protected as confidential. Child should be defined in 261.405, Family Code, to make it clear the abuse, neglect, and exploitation investigation records of all children in TJJD’s custody are confidential.
F. Do any of your agency’s functions overlap or duplicate those of another local, state, or federal agency? Explain if, and why, each of your key functions is most appropriately placed within your agency. How do you ensure against duplication with other related agencies?
Shared functions
TJJD’s key functions are not duplicated by any other state agency. However, the framework of the juvenile justice system provides a relatively smooth continuum of care from local county probation services to state-level care with some duplication for youth with high needs who have similar offenses and risk levels but may result in either commitment to TJJD or detention and services at the local level.
TJJD works closely with the juvenile probation departments to ensure youth are appropriately served at the proper level in the system given the youth’s risk, needs, and responsivity; severity of the youth’s offense; and the necessary treatment for the youth. Due to the variety of services provided in juvenile probation departments throughout the state, similarly situated youth who may be properly treated in one county with existing resources might be committed to TJJD’s care and custody from another county. This is not a duplication of agency functions, but instead how the system is currently designed and functions.
Department of Family and Protective Services
TJJD also coordinates with the Department of Family and Protective Services (DFPS) to provide services for youth who are involved in both the juvenile justice and Child Protective Services systems. While TJJD is not a child placement agency for youth needing a placement outside of their home, TJJD does place youth in facilities that have youth involved with DFPS that are licensed by the Texas Health and Human Services Commission. County departments also use these placement options. However, TJJD cannot keep youth in secure or non-secure facilities solely due to the youth’s lacking an out-of-home placement.
TJJD is a member of the Supreme Court of Texas Children’s Commission, Dual Status Task Force. See Attachment A: Information Related to the State Supreme Court, Children’s Commission, Dual Status Task Force for more information.
Delinquency and dropout prevention
TJJD, TEA, the Military Department, and DFPS are directed by Article IX, Section 17.05 of the General Appropriations Act, to coordinate delivery of juvenile delinquency and dropout prevention and intervention services in the state of Texas. Each agency receives funds for and implements its own programs targeted toward delinquency and dropout prevention, and the four agencies have formed an interagency workgroup to coordinate these efforts. The workgroup submits the Agency Coordination for Youth Prevention and Intervention report to the Legislative Budget Board each fiscal year detailing their coordination and program outcomes. See Attachment B: Agency Coordination for Youth Prevention and Intervention - October 2020 for more information.
Overlaps in age of youth
TJJD overlaps certain services provided to persons under the age of 19 who are involved in the justice system. TDCJ also provides services to people who may overlap the two systems based on age. For example, youth who are at least 14 years of age can be certified by a court as an adult, and youth with determinate sentences can be transferred to prison by their committing court at age 16 or after. The age of criminal responsibility in Texas is 17; however, youth who commit their offenses while in TJJD before their 17th birthday may remain under TJJD jurisdiction until their 19th birthday.
Mental health care
TJJD has a high number of youth with mental health needs, some of which are severe. Provision of mental health care and operation of a crisis stabilization unit overlaps with other agencies that provide such services as a core mission, such as county local mental health authorities and the state hospitals operated by the Texas Health and Human Services Commission.
G. In general, how do other states carry out similar functions?
National move toward smaller facilities and lower state-level populations
FACILITY SIZE | # OF FACILITIES |
1 to 10 | 5 |
11 to 20 | 13 |
21 to 50 | 40 |
51 to 100 | 24 |
101 to 200 | 13 |
201+ | 4 |
FACILITY SIZE | U. S. | Texas | TJJD |
Small (< 21 beds) | 57% | 35% | 20% |
Medium (21 - 100 beds) | 39% | 52% | 30% |
Large (> 100 beds) | 5% | 13% | 50% |
FACILITY SIZE | U. S. | Texas | TJJD |
Small (< 21 beds) | 19% | 8% | 2% |
Medium (21 - 100 beds) | 57% | 46% | 6% |
Large (> 100 beds) | 24% | 46% | 92% |
While the larger national trend has been to move to smaller, more specialized secure facilities, Texas continues to rely on large secure facilities, which house most state residential youth.
- Between 2000 and 2018, the use of residential juvenile justice facilities of all types with populations over 100 dropped 74 percent in the U.S., compared with a 50 percent reduction in Texas.6
- In 2018, there were only 4 “training schools” left in the U.S. with populations of over 200 and 13 facilities with populations between 101 and 200.7 In the same year, of the 5 TJJD- operated secure facilities, 3 had average daily populations in excess of 200 and 2 had populations between 101 and 200. TJJD currently operates 2 such facilities over 200 population and 3 between 101 and 200. (“Training school” is a term of art, which generally means state-operated secure facilities. TJJD’s 5 secure facilities fall within this definition.)
- In 2019, Texas committed 804 youth to state care, the highest number in the U.S. The state with the closest number of commitments was in North Carolina, with 504.8
6 Office of Juvenile Justice and Delinquency Prevention, US Department of Justice, Juvenile Residential Facility Census Databook: 2000-
2018
7 Office of Juvenile Justice and Delinquency Prevention, Juvenile Residential Facility Census 2018: Selected Findings
8 Office of Juvenile Justice and Delinquency Prevention, US Department of Justice, Juvenile Residential Facility Census Databook: 20
Operations method
In terms of operating agency type, as of 2015, 18 states operated independent juvenile corrections agencies, 11 were divisions of child welfare agencies, 12 fell under broader human services agencies, and 10 were combined with adult corrections. Of those 10, at least California has changed direction and is creating an independent agency.9
Age of criminal responsibility
Currently, only Texas, Georgia, and Wisconsin have an age of criminal responsibility of 17. The remainder have chosen to include at least 17-year-olds within the juvenile justice system. States handle individual exceptions to the age of criminal responsibility in different ways, including certification to adult court and practices such as determinate sentencing laws.
H. What key obstacles impair your agency’s ability to achieve its objectives?
Staffing Levels
Among the issues related to operating high-population facilities is the critical issue of maintaining appropriate staffing levels. Staffing levels are critical to all residential operations and affect safety, programming, and other rehabilitative functions. This fact, combined with the difficulty of the job as compared to other available local jobs with similar salaries, leads to the ongoing difficulty in maintaining stable staffing levels.
These struggles have increased during COVID-19 and the ongoing national labor shortage, bringing us to a critical point. In the past, TJJD has initiated Continuity of Operations Plans (COOP) during extraordinary times of natural disasters, and more recently during surges in COVID-19 and the winter storm. However, now, simply because of staffing shortages, TJJD has to repeatedly use COOP to maintain staffing levels, which requires teachers and case managers as well as others to be included in the staffing ratios and provide direct care. While we work hard to maintain adequate staffing, if support is given for these targeted reforms, many other issues and obstacles, including safety, attrition, treatment options, and others, will be significantly improved. This issue is, by far, the most significant obstacle at the state level.
TJJD needs help and support in understanding the complexity of staffing issues and the cycles they produce as well as that the solutions are not simple and require targeted reforms beyond the control of TJJD itself that include more diverse job pools in more locations, fewer youth overall in state care, additional private sector options for more intense youth, or a combination.
This issue represents a significant obstacle and ongoing crisis for the agency. This, along with juvenile justice best practices, led us to recommend a larger number of facilities with lower populations each to both diversify the job pool and better work with the very acute population in state care. Solutions to staffing are related to both the number of youth in the state-level system and the number of direct care staff. An increase in youth requires additional staff. A decrease lessens the staffing crisis.
TJJD struggles with maintaining adequate levels of staffing for a variety of reasons:
Outdated system design
Mostly located in rural jurisdictions, the pool of potential applicants is small. The system overall was created many decades ago. In fact, the Gainesville State School was established over 100 years ago. The days of the “company town,” when economic opportunities in rural areas were scarce and relied on large employers, is in the past. Economic diversity has led to greater opportunities for jobs with similar salaries. Even small changes in the surrounding area’s economy can have detrimental effects on staffing. For example, in Spring of 2021, at Evins, where our most robust job pool is found, we suffered a succession of losses when federal contracted immigrant detention centers opened in the area offering extraordinary salaries. Additionally, Texas has more youth in state care than in other states. In 2019, Texas committed 804 youth to state care, the highest number in the U.S. The state with the closest number of commitments was North Carolina, with 504.10
10 Office of Juvenile Justice and Delinquency Prevention, US Department of Justice, Juvenile Residential Facility Census Databook: 2000-2018
Difficulty keeping new hires
TJJD hired 407 juvenile correctional officers in FY 2018 and 365 in FY 2019. Recognizing that for several years, TJJD had ended each year with fewer JCOs than it had at the beginning, TJJD began an extraordinary push for hiring. In FY 20, we hired 659 JCOs—or 81 percent more than in the previous year. It was the first year in several years that TJJD ended the year with more staff on board than at the beginning, but not by a great deal.
Of the 536 JCOs hired so far in FY 2021 (September through July), 25 percent have left during their pre-service training (within the first 56 days), and a total of 37 percent within that period or shortly thereafter (within the first 90 days). In total, 58 percent of hires have left within the first 180 days of employment. This trend is slightly higher than in FY 2020 and significantly higher than in FY 2019. While we have succeeded in netting a small gain, the outflow of new hires means that for every 10 new people we hire approximately 4 remain on the books at the end of the first 180 days and even fewer by the end of the year.
High stress level and high risk of burnout
The difficulty in hiring and maintaining consistent staffing means that those who remain in place have higher burdens, which can lead to burnout as well as feeling and being less safe, leading to even higher levels of stress. This causes a cycle that is difficult to break, given the current system design. This was exacerbated in FY 2020 and 2021 because of COVID-19 with high numbers of staff both out with COVID and in quarantine, often multiple times, because of contact with COVID-19 positive persons. This creates cycles of emergencies, which in turn require healthy staff to do more and work more hours.
Difficulty of the work compared to pay
Working with youth is physically and mentally demanding. Adolescents, especially this concentration of high-risk youth, are higher energy, less predictable, have much less control over their responses to triggers and emotions, lower maturity, and are in need of not just “being watched” but being kept engaged and being routinely redirected when behaviors are unacceptable. Some of these behaviors are highly serious and criminal in nature and many more are typical teenage behaviors, but all require intervention at the appropriate level to either manage for safety or to teach better responses. The pay simply does not match the job. We are both unable to use salary as an enticement for highly qualified people and as an enticement to stay, when other jobs with much fewer demands can be found. See next section related to increased risk levels for youth.
Results in inconsistency in staffing placements and facility populations
Because of the high turnover and difficulty maintaining consistent staffing, staff are unable to count on their assignment to a dorm. This means that it is difficult to develop an understanding of the specific issues of the youth on that dorm, which leads to uncertainty, and difficulty in assessing the reactions of youth that may lead to behavior issues or violence, which can increase risk and stress. Additionally, inconsistency in approaches leads to confusion and frustration in youth, which increases risk. This extends to facilities overall—as one facility experiences a significant staffing shortage, we must adjust populations at all facilities, adding another layer of complexity and inconsistency.
Difficulty recruiting and retaining experts
In addition to our challenges with maintaining sustainable staffing levels of direct care staff, the rural settings and difficulty of the work also mean that there is difficulty recruiting and keeping case managers and mental health professionals needed to provide case planning and treatment services.
County staffing challenges
In 2016, TJJD completed a study of the impact salaries and turnover rates had in the juvenile justice system. See Attachment D: Salaries and Turnover Rates Among Juvenile Justice Personnel in Texas. Key takeaways from the study for probation departments across the state include:
- Departments of all sizes and in every region of the state reported difficulty recruiting and retaining employees due to low officer pay;
- Overall, higher salaries are associated with lower turnover rates; and
- Minimum and starting salaries are lower for probation department personnel than for many
comparable positions in similar agencies.
Increased and Concentrated Risk Levels of Youth
Higher concentration of very high-risk youth
As the overall population at TJJD secure facilities has dropped, the concentration of youth with very high risks has increased. The outdated system exacerbates the issues with this. The youth at TJJD currently include 65 percent with significant mental health issues, 64 percent of boys and 84 percent of girls have 4 or more Adverse Childhood Experiences (ACEs) as compared to 12.6 percent of the public, 91 percent of girls are clear or possible concern for child sex trafficking, and, on average, youth are 5 grades behind when they are admitted.
Additionally, TJJD is seeing a significant uptick in the number of youth committed to state care for homicide. In FY 2018, there were 9 commitments for these offenses with 15 in FY 2019 and 13 in FY 2020. For FY 2021, 39 youth have been committed for homicide.
Increasing population of youth with mental health needs
Mental health concerns regarding youth in the juvenile justice system continue to grow. Of formal referrals to juvenile probation departments, approximately 45 percent have mental health needs.11 Approximately 9 percent of youth reported having suicidal ideations prior to being referred to the juvenile court. At the state level, in FY 2014, 21 percent of youth, at the point of intake, were found to have moderate to severe mental health issues. By FY 2020, the percentage jumped to 60 percent. Additionally, the percentage of youth with highly significant mental health issues is approximately 5 percent. These include diagnoses such as depression, anxiety, ADHD, bipolar disorder, disruptive mood dysregulation disorder, autism, and early onset psychosis. These youth require an intense level of care, including specialized staff at enhanced staffing ratios.
This issue is exacerbated by a lack of community-based mental health resources and alternatives. The juvenile justice system is the system of last resort but is often used because services to address the mental health needs are not found and the needs remain unmet.
11 From information in the juvenile case management extract submitted by juvenile probation departments.
Large numbers of high-risk youth per facility
This is the highest concentration of acute needs and risk in the history of the agency. Continuing to keep these youth in large groups, especially in the rural settings where staffing is difficult, is a model that cannot lead to sustained reform. Texas closed facilities, while the majority of the states managed the population through changes that lowered the number of youth in any one place. In the U.S. in 2019, about 40 percent of youth in state secure custody were in facilities smaller than 100, while in Texas we continue to place all youth, regardless of risk level, in facilities larger than 100, some much higher. Working with this very acute population is difficult and not a good fit for everyone, especially when pay is considered. There are inherent safety issues in working with this type of population, but staff who are ill equipped for the job will feel less safe and in control and, therefore, may lack the ability to manage groups of youth.
Lack of Residential Alternatives
Need to develop new alternatives and pay competitive rates
Across the juvenile justice system, there are limited options for youth in need of residential care, especially secure care that offer appropriate treatment and supervision for adjudicated youth. At the county level, youth require significant levels of intervention and at the state level youth require even higher levels, often intense. The FY 2022 appropriated rate for contract care at both the state and county level is $173.70. By contrast, DFPS has appropriated daily rates ranging from $197.69 for specialized care to $277.37 for intense care and $400.72 for an intense-plus level of care.12 For youth at the county level, most require specialized to intense care. At the state level, most youth need intense to intense-plus levels of care. Actual rates paid for specialized and intense care exceed these amounts, meaning that the number of youth who can receive these services must drop. With limited funds, private sector providers are less motivated to do business in Texas as well as to serve high-risk youth. At the state level, TJJD pays up to $189 per day for secure contract care. Other states pay much higher rates for similar services, often between $375 to $450 per day.
Increasing alternatives for youth, even at the higher daily rates needed to encourage private sector options, can bring cost savings as well. In the U.S. the average state cost for the secure confinement of a young person is $588 per day.13 In Texas, according to the LBB, in the last two years, the cost per day has been between $523 and $616 per day. As our population in state secure facilities has dropped significantly, the cost per day has risen. All options from diversion placements at the probation level to contract care options at the state level allow for longer term moves to placements with lower costs, allowing state-level secure residential care to be more focused on youth with intense needs and risks.
TYPE OF SERVICE | FY 2019 | FY 2020 |
Commitment Diversion | $455.25 | $544.33 |
Mental Health | $511.80 | $399.68 |
Regional Diversion Alternatives | $413.41 | $393.82 |
12Department of Family and Protective Services, 24-Hour Residential Rates 2021
13Justice Policy Institute, The Cost of Youth Incarceration
14 Legislative Budget Board, Uniform Cost Report, January 2021
Maintaining an adequate probation facility network
Juvenile justice reforms nationally and in Texas have emphasized keeping youth as close to home as possible, heightening the importance of facility services provided by juvenile probation departments. There are several systemic factors limiting juvenile probation departments’ ability to maintain pre- and post-adjudication facilities that are adequate to meet the juvenile justice system’s needs.
Liability and funding issues. The liability and cost of operating detention facilities are greater than many local probation boards and commissioners courts are willing to bear. The ability to offer adequate pay for the work required is limited by the lack of state support for probation services, with only 25 percent of operational costs for the entire system provided by state funds, which results in difficulty maintaining staff necessary to supervise youth effectively. At present, only 46 of 165 probation departments operate detention facilities, with many of those refusing to accept youth from other departments. The result is a critical shortage of staffed detention beds across the state.
Needed staffing ratios. Adherence to PREA standards limits the ability of pre- and post- adjudication facilities to operate at full capacity, as the inability to support extra staff salaries to meet the 1 to 8 staffing ratios required by PREA forces probation departments to limit youth accepted into their facilities.
Difficulty meeting rising costs. Juvenile justice reforms have increased reliance on programs and services offered in facilities operated by juvenile probation departments. As these facilities have been tasked to provide more services for higher need youth and average lengths of stay have increased, operational costs have risen exponentially. State support for pre- and post- adjudication services has not kept pace with these rising costs, and facilities have responded by either cutting services offered or operational capacity. As a result, the system has experienced an overall loss of quality residential services across the system.
Complexities of Current Reform Needs
Over the past 15 years, much has been accomplished to reform the Texas juvenile justice system. State leaders recognized that youth are best served as shallow in the system as possible, in ways that best meet their needs. From 2005 to 2020, referrals to the system dropped 49 percent and the number of youth in state secure facilities dropped 81 percent. However, the system continues to face challenges that compromise further reform.
While great strides were made to lower the population in state secure care and increase options for counties that allow them to keep more youth under local supervision, these changes involved sweeping, large scale reforms. They were very helpful in moving the system forward. However, once the bulk of the results from those reforms were realized, the system itself was left with a new set of challenges that now require more strategic, targeted approaches with an eye toward a more modern system.
The challenges are interconnected:
- The rural, large facility design from decades ago no longer supports full staffing needs. As the population went down, facilities closed, maintaining the legacy system of large population facilities. See Staffing Levels, page 24.
- The remaining youth have the highest risks and needs ever concentrated at the state level and remain in large groups, which are more difficult to manage and many youth have needs so intense that they require enhanced staffing ratios. See Increased and Concentrated Risk Levels of Youth, page 26.
- Alternatives remain limited, especially for youth with high to intense levels of need for youth in both county and state care. See Lack of Residential Alternatives, page 27.
- Because of a lack of alternatives, continued reliance on large facilities, and other causes, Texas has the highest number of youth committed to state care and the largest state secure facilities in the U.S.
See National move towards smaller facilities and lower state-level populations.
See Section IX. Major Issues for discussion of possible solutions.
Obstacles Noted by Advocates
Many key obstacles have been identified by stakeholders and have resulted in calls for many of the same reforms included in TJJD’s Plan for Reform and LAR. These stakeholders cite systemic issues that are inherent with the legacy approach to juvenile justice such as:
- The need for more enhanced staff-to-youth ratios and smaller, therapeutically focused facilities.
- Staffing issues that lead to other issues including the ability to protect youth and their rights, provide more robust mental health services and broader treatment options.
- The number of youth who remain in state care and the need to divert youth from higher levels of intervention than their risks and needs require.
- The need for more adequate resources and available options for counties so that more youth can be kept within their communities or shallower in the system.
- The need for more robust mental health care both for youth adjudicated to the system and at the low end of the system where mental health support may help divert the youth from more formally entering the system.
Other Significant Obstacles
Several other obstacles are included in Section II. E, in the subsection beginning on page 8. Of those, the most significant obstacles include:
- Sustainable funding for probation.
- Appropriate pay for direct care staff.
- Probation appropriation structure.
- Enhanced staffing ratios for special populations.
- Attrition and OIG C pay scale parity for law enforcement officers.
- Information technology needs.
I. Discuss any changes that could impact your agency’s key functions in the near future (e.g., changes in federal law or outstanding court cases).
TJJD has no pending court cases that could impact our agency’s key functions. There has been one recent change in federal law that may result in some impact.
Family First Prevention Services Act
TJJD is directed by the General Appropriations Act, Article V, riders 7 and 8 to maximize the use of federal funds in the system by collaborating with DFPS to implement a Title IV-E program, which reimburses certain costs for services provided to youth meeting federal eligibility criteria. This program has traditionally reimbursed placement costs and administrative costs associated with the youth in placement, and some community-based administrative costs for youth who are reasonable candidates for removal from the home by the child welfare system. In 2018, President Trump signed into law the Family First Prevention Services Act, which significantly changed the criteria for participation in the Title IV-E program. Texas chose to exercise an option to delay implementation of the law until October 1, 2021, and the 87th Legislature passed several amendments to Texas law to incorporate the new federal requirements for Title IV-E. As the new program is implemented, funds will be diverted away from support of out-of- home placements and toward community-based supports designed to keep families intact. It is not yet clear how the new program will impact juvenile justice programs’ ability to participate, which may result in fewer federal dollars recouped to support juvenile justice services. It has already resulted in lower participation in the current program as departments shift their resources to prepare for implementation of the new program.
Caregiver Designation
As part of pending litigation in federal courts, the Department of Family Protective Services is tasked with providing caregiver notification of past sexual abuse of children in out-of-home placements. The definition of “caregiver” may include persons in the juvenile justice system who supervise youth in juvenile processing centers, pre-adjudication detention centers, post- adjudication facilities, contract care facilities, and TJJD-operated secure facilities and halfway houses. While the key functions of the juvenile supervision, probation, and correctional officers may not change, the dissemination and sharing of critical information between all parties will need to be established through coordination between DFPS, local law enforcement, county juvenile probation departments, contract care placements, and TJJD.
J. Aside from additional staff or funding, what are your agency’s biggest opportunities for improvement in the future? For example, are there other programs or duties the agency could take on to better carry out its mission?
Mental Health Support
Support for youth with significant mental health issues
The majority of youth in state care and a high percentage of youth under county supervision have moderate to severe mental health issues. TJJD and each county probation department work to provide as much treatment and intervention as possible, but the truth remains that these are not mental health agencies. The entire system could benefit from greater collaboration and service support and provision by other state agencies such as HHSC with mental health care as a central mission. The rural locations of TJJD facilities and of many probation departments means that access to qualified mental health providers is quite low, creating a challenge that directly impacts the youth in the system.
Support for staff
Two issues prevail related to mental health and the staff of the juvenile justice system. First, working with youth, especially those with high levels of childhood trauma, creates great stress and secondary trauma. Second, many people who are drawn to a profession that directly supports youth who have trauma and mental health issues are drawn because they experienced similar backgrounds and may or may not have worked through those issues fully. While we routinely remind staff of the availability of the Employee Assistance Program (EAP), more direct support from an agency that specializes in such care would be extremely valuable to the system. See Attachment 6 for links to information on secondary trauma.
In addition to this need, when a staff member is experiencing issues that may impede their ability to appropriately carry out the responsibilities of their position, we inform them of EAP, but TJJD may also order an assessment to determine if they are able to do so. TJJD employees have a responsibility to maintain the physical and psychological health required to carry out
Greater Private Sector Options
While we more fully discuss the issues related to the needs for facilities with lower overall populations, one solution includes greater access to alternatives to state secure facilities and county detention centers. Without additional funding, TJJD is exploring additional contract care options for youth not typically served by them because of the daily rates. These would provide additional options for youth with specific needs that could be, but are not currently, met through existing contract care options. Any solutions that encourage private industry to not only provide additional levels of care but also to fully meet the required treatment and intervention needs will improve system capacity and allow for more targeted approaches for specific populations of youth.
Restorative Justice
TJJD leadership and the leadership of the TJJD Office of Inspector General are in discussions related to the potential applicability of restorative justice in lieu of further prosecution and incarceration for certain youth who do not display ongoing, dangerous or aggressive behavior.
Restorative justice emphasizes repairing the harm caused by the youth’s behavior for victims and others affected. The goal is to bring together those most affected in a non-adversarial process to hold the youth accountable, encourage them to take responsibility, and to meet the needs of the victim to repair the harm resulting from their actions.
Any support towards this goal will be helpful in not only holding youth accountable but also in supporting the Office of Inspector General in its ability to focus on more serious offenses that are more appropriate for prosecution.
K. Overall, how does the agency measure its effectiveness in carrying out its objectives?
In the following chart, provide information regarding your agency’s key performance measures, including outcome, input, efficiency, and explanatory measures. Please provide both key and non-key performance measures set by the Legislative Budget Board as well as any other performance measures or indicators tracked by the agency. Also, please provide information regarding the methodology used to collect and report the data.
** See Attachment 19 for definition and methodology of each measure.
L. Please list all key datasets your agency maintains and briefly explain why the agency collects them and what the data is used for. Is the agency required by any other state or federal law to collect or maintain these datasets? Please note any “high-value data” the agency collects as defined by Texas Government Code, Section 2054.1265. In addition, please note whether your agency posts those high-value datasets on publicly available websites as required by statute, and in what format.
The majority of TJJD data sets contain certain information excluded from public disclosure under Chapter 552, Texas Government Code, and other laws. Information such as youth identifiable information and health records, certain personnel information, information contained in the criminal justice information system and juvenile justice information system, and information pertaining to the safety and security structures of correctional facilities are made confidential by law. The datasets designated with a legal prohibition to disclosure in Table 3 contain information that cannot be made public; however, certain information in those datasets might be provided pursuant to a public information request.
III. History and Major Events
1887-1948. Juvenile corrections efforts began in Texas in 1887 when the Legislature created the House of Correction and Reformatory, which opened in Gatesville in 1889 and later became the State Juvenile Training School. In 1913, the Legislature authorized a girls’ facility in Gainesville, which opened in 1916 and is currently operated by TJJD as the Gainesville State School. In 1945, the Legislature approved the establishment of the State Training School for Delinquent and Dependent Colored Girls, which opened in Brady in 1947.
Until 1920, each school was operated by a separate board of directors that reported directly to the governor. The Texas State Board of Control was created by the Legislature in 1919 and took over management of the three schools from 1920 to 1949.In 1947, the Legislature created a commission to study the state schools for delinquent children and the problem of juvenile delinquency, with the purpose of improving the administration of the schools and enable them to better accomplish their objectives.
1949. Texas State Youth Development Council was founded by the Gilmer Aiken Act by the 51st Legislature. The original purpose of the Council was to assist in coordinating community services available to Texas children as well as overseeing correctional facilities for delinquent children aimed at providing supervision, rehabilitation, and successful reintegration into society. The Council took over control of the correctional schools managed by the State Board of Control.
1957. The Texas State Youth Development Council was restructured as the Texas Youth Council by the 55th Legislature. It had the same duties as the prior agencies but also had the additional mandate to provide parole supervision. Additionally, the agency was directed to operate the existing institutions for the dependent and neglected children (Corsicana State Home for Orphans, Waco State Home, and the Texas Blind, Deaf, and Orphan School).
1970. The Ron Jackson State Juvenile Correctional Complex, in Brownwood, began operation.
1972. The Giddings State School began operation.
1973. Title 3 of the Family Code was codified by the 63rd Legislature, which remains the legal foundation for the juvenile system in Texas.
1974. A federal district court ruled on the landmark case, Morales v. Turman, which was the result of a lawsuit filed on behalf of juveniles under the supervision of the Texas Youth Council. This led to a settlement in 1984 that reformed the way confined juveniles are treated, including access to care and education, appropriate due process disciplinary procedures, and objective criteria for release. It also addressed due process requirements to be committed to TYC. The settlement applied to all future children committed to the Texas Youth Commission.
1975. The Legislature appropriated funds within the Texas Youth Council that were dedicated to Community Services Administration, which later became the Community Assistance Program. This was a county juvenile probation subsidy program.
1981. The Texas Juvenile Probation Commission (TJPC) was established to replace the Community Assistance Program portion of the Texas Youth Council. The founding of TJPC as a stand-alone entity represented a significant increase in the availability of probation services.
1983. The Texas Youth Council was renamed the Texas Youth Commission.
1984. Continued expansion of operations under TJPC and the proliferation of juvenile boards allowed probation services to become available to all juveniles in Texas. After reaching settlement in the Morales v. Turman case, the Texas Youth Commission remained under federal supervision by a three-member committee for four years.
1987. Determinate sentencing was created by the Legislature.
1990. The Evins Regional Juvenile Center, in Edinburg, began operations.
1995. The 74th Legislature made significant revisions to Title 3 of the Family Code, most notably with the omnibus legislation HB 327. Included among these changes were: lowering the age for certifying juveniles as adults from 15 to 14 for certain violent offenses (e.g. only for capital, first degree, and aggravated controlled substance felonies); requiring most violent juvenile offenders and those with mental illness to be sent to TYC; the creation of the Juvenile Justice Information System managed by DPS; adding certain offenses to determinate sentencing eligibility; and changing the method of determining if a youth would be paroled or transferred to adult prison. The probation field also saw many statutory changes during the 74th Session, including increased supervision and program capacity for departments, the creation of the Juvenile Justice Alternative Education Program, and the introduction of progressive sanctions.
1999. The 76th Legislature expanded the statutory use of determinate sentencing to a allow for supervision under probation.
2000. The McLennan County State Juvenile Correctional Facility, in Mart, began operations.
2003. The Prison Rape Elimination Act was signed into law to provide a framework to provide for a sexually safe environment for inmates (adult and youth) and staff in correctional settings and to establish national standards for prevention, response, training, reporting, and investigations, among other requirements, for correctional facilities.
2006. The United States Department of Justice informed then-Governor Perry there would be an investigation of TYC’s Evins facility. This investigation consisted of on-site inspection of the facility, interviews of youth and staff, and the review of documents. In 2007, the Department of Justice informed the State of its findings that the Evins facility was unable to adequately protect youth from violence by other youth and staff.
2007. Throughout the early 2000s, repeated, significant operational, care, abuse, and safety concerns and allegations of sexual misconduct, coupled with the failure of high-ranking facility staff to appropriately respond to allegations as well as substantial efforts by these staff to cover up the misconduct, resulted in significant legislative changes and increased operational oversight to the Texas Youth Commission. During the 80th Session specifically, the Texas Youth Commission faced allegations of sexual misconduct at some of the secure juvenile facilities operated by the state at that time. The agency was placed under conservatorship by the governor, and investigators from the Texas Rangers, the Office of the Attorney General of Texas, and the Office of Inspector General for the Texas Department of Criminal Justice were sent to each of the facilities and halfway houses. Over a period of months, these entities investigated thousands of complaints and allegations and worked with prosecutors to address the criminal violations found.
In light of these systemic issues, the 80th Legislature set a course for reform with SB 103 (Hinojosa), which ended the practice of committing youth to state care for habitual misdemeanor offenses, lowered the age of state jurisdiction to 19 years old from 21 years old, allowed youth with determinate sentences to get credit toward the minimum period of confinement (release eligibility) for time spent in detention pending adjudication and commitment, and established the Release Review Panel to determine if youth without a determinate sentence should be discharged, paroled, or remain in a TYC facility after completing their TYC-assigned minimum length of stay. The Legislature established the Office of Inspector General as a division within TYC to investigate criminal activity by TYC employees and TYC youth at TYC facilities. A new statute required the agency to operate a 24-hour hotline for the purpose of receiving information concerning the abuse, neglect, or exploitation of children in TYC custody. The Legislature also created an exogenous oversight entity over TYC through the Office of the Independent Ombudsman.
In FY 2007, there were 3,651 youth in state secure facilities. In FY 2009, that number dropped to 2,027, a 44 percent decrease.
2009. TYC and TJPC underwent Sunset Review. The Sunset Review Commission recommended the agencies be abolished and their functions merged into a single agency. Instead, the agencies remained intact with certain changes through HB 3689. One such change was the appropriation of probation funding of approximately $48 million for Community Corrections Diversion Programs, to include programs, treatment, and services, to divert more juveniles from state care. Other changes included requirements for more transition planning for youth in TYC care and a clarification on which facilities TJPC was responsible for registering and which DFPS was. Both agencies were slated for Sunset review again the following session.
2011. After the Sunset Review Commission recommended keeping the agencies as separate entities, the Legislature through SB 653 (Whitmire, Hegar, Hinojosa) abolished the Texas Youth Commission and the Texas Juvenile Probation Commission and transferred the powers and duties of those agencies to the newly created Texas Juvenile Justice Department (TJJD). In FY 2011, youth in state secure facilities dropped to 1,399, a further 31 percent decrease.
2015. SB 1630 (Whitmire) created the Regionalization Program to further reduce commitments to state care by reimbursing counties for the costs of keeping youth shallow in the system in lieu of committing them to TJJD. It also required courts to enter a special commitment finding when committing a youth to TJJD without a determinate sentence. The special commitment finding must state that the youth has behavioral health or other special needs that cannot be met with the resources available in the community. Additionally, statute was amended to provide that the court should consider the findings of a validated risk and needs assessment and any other appropriate professional assessment available to the court. Since the beginning of the Regionalization Program, nearly 1,000 youth have been diverted from state care.
2017-2018. The OIG investigated a significant number of sexual misconduct allegations at the Department. Working with the Special Prosecutions Unit (SPU), staff members at some of the state secure facilities were arrested by the OIG for sexual misconduct and prosecuted by SPU. In late 2017, Governor Abbott requested the Texas Rangers investigate the scope of misconduct in juvenile facilities. Within the scope of their investigation spanning into 2018, the Texas Rangers conducted a review of the OIG investigations of sexual misconduct and excessive use of force allegations at the Department, conducted a safety and security assessment at the state facilities, and assisted OIG in the investigation of cases. The Rangers concurred with the OIG on its investigative findings and assisted the OIG by arresting some former staff members accused of criminal misconduct while employed at the Department.
In 2018, Governor Abbott asked TJJD to continue to explore ways to reduce the number of youth in state secure facilities, as the daily population in state secure facilities continued to decline. The agency began a concerted effort to actively review youth on an ongoing, rather than periodic, basis and to streamline processes to ensure that youth would be able to leave secure care as soon as they met the appropriate criteria. For more information on TJJD’s 2018 response to Governor Abbott, see Attachment E, Short-Term Solutions and Long-Term Goals: A Plan for TJJD.
2019. TJJD implemented the Texas Model of Intervention, a key part of the overall Texas Model, to provide more treatment and intervention-focused care, including better responses to the effects of childhood trauma. For a more detailed history of the Texas Model of Intervention and its implementation, please see the corresponding program guide in Section VII, beginning on page 122.
The 86th Legislature modified statutory authority of the TJJD Office of Inspector General to include responsibility for abuse, neglect, and exploitation investigations in both state and county facilities as well as additional law enforcement responsibilities that enabled the agency to use its Office of Inspector General law enforcement officers to provide gatehouse entry security, including contraband detection.
The enabling statute of the Office of Inspector General was updated in HB 3689 to include new roles and responsibilities that were previously under the purview of TJJD’s executive director. At the request of the executive director, these changes codified moving the responsibility of conducting Abuse, Neglect, and Exploitation (ANE) investigations from the executive director to the oversight of the Chief Inspector General, as well as the Office of Inspector General assuming the responsibility of secure facility gatehouse operations.
2020. From the early 2000s to present day, there has been a significant reduction in youth involved with the juvenile justice system, both in terms of population in state facilities as well as referrals to probation. In FY 2005, there were 4,127 youth in state secure facilities, and in FY 2019, the average daily population for state operated secure facilities was 770, representing an 81 percent decrease. Referrals to juvenile probation departments dropped from 106,358 in FY 2005 to 53,783 in FY 2019, a 49 percent decrease. Population numbers for secure facilities and probation referrals continued to decrease in FY 2020, to 750 and 40,392 respectively, although the COVID-19 pandemic artificially decreased these figures.
IV. Policymaking Structure
A. Complete the following chart providing information on your policymaking body members.
B. Describe the primary role and responsibilities of your policymaking body.
The Texas Juvenile Justice Board is the governing body of the department and is responsible for its operations. It is mandated to develop and implement policies that clearly separate the policymaking responsibilities of the Board from the management responsibilities of the executive director and TJJD staff. It is also mandated to establish the mission of TJJD with the goal of establishing a cost-effective continuum of youth services that emphasizes keeping youth in their home communities while balancing the interests of rehabilitative needs with public safety and to establish funding priorities for services that support this mission and that do not provide incentives to incarcerate youth. Human Resources Code 203.001. The Board also appoints and directly supervises the executive director, chief internal auditor, and chief inspector general.
The Board is required to adopt reasonable rules that provide the minimum standards for personnel, staffing, caseloads, programs, facilities, record keeping, equipment, and other aspects of the operation of a juvenile board that are necessary to provide adequate and effective probation services as well as standards for juvenile justice facilities. The Board is also required to adopt and enforce a code of ethics for certified officers as well as appropriate education, training, and certifications standards for them. Human Resources Code 221.002.
The Board is responsible for the review and approval of all policies and is mandated to make rules appropriate to the proper accomplishment of TJJD’s functions, including rules for governing state-operated facilities and programs, and for ensuring they are operated according to law and the Board’s rules. The Board is authorized to delegate to the executive director the Board’s responsibility for the adoption of certain policies as appropriate for the proper accomplishment of the agency’s functions relating to state-operated facilities and the agency’s personnel. Human Resources Code 242.003.
Consistent with these major policymaking responsibilities, there are statutes that mandate the Board adopt specific rules. Those are listed in the chart below regarding agency statutes.
C. How is the chair selected?
The chair of the Texas Juvenile Justice Board is appointed by the Governor from among the appointed membership of the Board. Human Resources Code 202.001(c).
D. List any special circumstances or unique features about your policymaking body or its responsibilities.
The Board has the responsibility of both operating its own facilities and programs as well as providing standards, oversights, and state funds to local facilities and programs. This is unique from the adult system, in which the Texas Department of Criminal Justice operates prison facilities and parole, the TDCJ Community Justice Assistance Division oversees adult probation departments, and the Jail Standards Commission provides oversight to local jails.
Human Resources Code 202.001 requires the TJJD Board to be comprised of three members of county commissioners’ courts, one juvenile prosecutor, three chief juvenile probation officers (one from a small juvenile population county, one from a medium juvenile population county, and one from a large population county), one district court judge of a court designated as a juvenile court, one adolescent mental health treatment professional licensed under Subtitle B or I, Title 3 Occupations Code, one educator as defined by Education Code 5.001, and three members of the general public. This composition means that there are certain Board members who are regulated by the Board and who provide funding to the entities they represent (chief juvenile probation officers and those who are on juvenile boards, including judge and commissioners).
Though not a statutory responsibility, the members of the TJJD Board also serve as Trustees for the Parrie Haynes and John C. Wende Trusts, which benefit the youth of Texas who have lost one or both parents to death, termination of rights, abandonment, or incarceration by providing them with financial support to further their education. Both Trusts were created by a testamentary gift of the decedents and include a requirement that the Trusts be managed by one of TJJD’s predecessor agencies.
E. In general, how often does your policymaking body meet? How many times did it meet in FY 2019? In FY 2020? Explain if the policymaking body met in-person or virtually during this time.
The Board is required to meet quarterly per Human Resources Code 202.008. In 2019, the Board met six times, of which one was an out-of-cycle meeting to approve a contract. In 2020, the Board met six times, one of which was an out-of-cycle emergency meeting to approve a contract needed for COVID response. The Board met virtually seven times beginning with the May 15, 2020, meeting and ending with the April 9, 2021 meeting. The June 25, 2021, meeting marked the first return to in-person meetings. The August 27, 2021 meeting was virtual.
F. Please list or discuss all the training the members of the agency’s policymaking body receive. How often do members receive this training?
A person appointed to and qualified to serve as a member of the TJJD Board may not vote, deliberate, or be counted as a member in attendance until they complete a board-training program covering the following items:
- the legislation that created the department;
- the programs, functions, rules, and budget of the department;
- the results of the most recent formal audit of the department;
- the requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest; and
- any applicable ethics policies adopted by the department or the Texas Ethics Commission.
Additionally, TJJD Board members are required to complete training relating to the Public Funds Investment Act and an ethics continuing education course within six months of appointment to the Board.
G. What information is regularly presented to your policymaking body to keep them informed about the agency’s operations and performance?
At each meeting of the TJJD Board, Board members receive reports on agency operations and performance from the Executive Director and Chief Inspector General. The Chief Financial Officer, Chief Information Officer, Deputy Executive Directors, Chief Auditor, Independent Ombudsman, and other internal and external stakeholders provide the Board with regular updates related to their specific areas of responsibility. Additionally, the Board reviews and approves contracts over a certain value, acceptance of gifts to the Department, matters involving the discipline of certified officers, and many other items. The TJJD Board also meets in Closed Executive Session to consult with counsel, deliberate regarding real property, hold discussions regarding personnel, or discuss other matters as allowed by the Government Code.
Internal Audit presents their reports on results of their internal audits on various functions and controls related to financials, grants, state facilities, Information Systems, human resources, complaint handling, youth rights, and other agency functions and processes.
H. How does your policymaking body obtain input from the public regarding issues under the agency’s jurisdiction? How is this input incorporated into the operations of your agency?
The TJJD Board obtains input from the public though public comment and briefings during Board meetings and through the Texas Register during the rulemaking process. Input may be used to develop policies and practices. TJJD also solicits input from stakeholders, whether formally through groups such as the Advisory Council on Juvenile Services, or informally through discussions with prosecutors, chief probation officers, etc. This information is used to inform and make recommendations to the TJJD Board.
I. If your policymaking body uses subcommittees or advisory committees to carry out its duties, fill in the following chart. See Exhibit 5 Example. For advisory committees, please note the date of creation for the committee, as well as the abolishment date as required by Texas Government Code, Section 2110.008.
In addition, please attach a copy of any reports filed by your agency under Texas Government Code, Section 2110.007, regarding an assessment of your advisory committees as Attachment 28.
V. Funding
A. Provide a brief description of your agency’s funding, including information about the most recent five percent budget reduction and any funding related to disaster relief or COVID-19, if applicable.
TJJD is 94 percent general revenue funded, 3.3 percent funded with foundation school program funds from the Texas Education Agency (TEA), 2 percent federal revenue, and the rest appropriated receipts for probation grants.
Of TJJD’s appropriated funding, 51 percent is allocated for grant programs for juvenile probation departments. The below chart provides information on appropriations for these grants since FY 2014.
STATE AID FUNDING CATEGORIES (General Revenue in millions) |
FY 14/15 Appropriated |
FY 16/17 Appropriated |
FY 18/19 Appropriated |
FY 20/21 Appropriated |
FY 22/23 Appropriated |
Basic Probation Supervision | 90.00 | 82.00 | 71.80 | 73.60 | 73.30 |
Community Programs | 13.50 | 78.00 | 78.00 | 77.10 | 77.10 |
Pre and Post Adjudication | 118.70 | 51.60 | 49.60 | 49.60 | 49.60 |
Commitment Diversion | 39.70 | 39.00 | 39.00 | 39.00 | 39.00 |
Mental Health Services | 25.60 | 25.60 | 25.60 | 28.40 | 28.40 |
Additional JPD Refunds | - | - | - | 3.10 | 3.10 |
Total State Aid Funding Categories | 287.50 | 276.20 | 263.90 | 270.80 | 270.50 |
Percent Change | (0.04) | (0.04) | 0.03 | (0.00) | |
Amount Change in State Aid Funding Categories | (11.30) | (12.30) | 6.90 | (0.30) | |
STATE AID FUNDING CATEGORIES COST PER DAY COMPARISON (General Revenue in millions) |
FY 14/15 Appropriated |
FY 16/17 Appropriated |
FY 18/19 Appropriated |
FY 20/21 Appropriated |
FY 22/23 Appropriated |
Basic Probation Supervision | 5.40 | 5.40 | 4.87 | 5.05 | 5.06 |
Pre and Post Adjudication | 54.05 | 31.40 | 35.25 | 34.05 | 57.93 |
Commitment Diversion | 19.42 | 35.50 | 39.80 | 46.27 | 61.50 |
The remaining appropriated funding is for TJJD State Operations allocated for the direct care of youth (42%), and oversight, training and administrative activities (7%).
COVID-19 response. TJJD has spent $51 million on COVID-19 response. Of that total amount, $42.9 million was for public safety salaries, $4.1 million for medical personnel and services, and $4 million for PPE, sanitation, bio-waste removal and prevention activities. The agency has received $47 million in CRF funding to support public safety salaries and medical personnel and services. During the 87th Legislature, HB2 (Bonnen) required the agency to return general revenue funding equal to the amount of CRF funding received. Therefore, TJJD was required to fund the remaining $4 million for non-salary related COVID response from existing appropriated general revenue.
5 percent cost reduction obligation. TJJD was appropriated $611.5M in general revenue for the FY 2020-2021 biennium. Of the general revenue appropriation, $175.4M was general revenue designated in Article IX Section 10.04 as behavior health funding. Given this exclusion from the 5 percent cost reduction, TJJD implemented a cost reduction plan totaling $21.8M.
Excluding pass-through grant funding for Juvenile Probation Departments and the Office of Inspector General, TJJD is appropriated $315.8M in general revenue. Eighty percent, or $251.5 million, is appropriated for the direct supervision and treatment of youth that have been committed to the state. In order to maintain the core mission of the agency, we initiated significant cuts to support operations as well as eliminating any fund balance transfer to JPDs to enhance regional diversion activities. Since FY 2018, TJJD has allocated $9.1 million in state fund balances to provide additional diversion resources for JPDs. Allocating these funds for additional diversion initiatives has resulted in historically low commitments providing TJJD a better environment for reform. This put at further risk the safety and security of state operated facilities and significantly impacted reform efforts. Unlike TDCJ, TJJD did not receive any exemptions to the 5 percent cut for direct-care activities.
The information below outlines TJJD’s cost reduction efforts in an order that presents from least risk and impact to the direct care and treatment of our youth to the most risk and disruption of care and treatment of our youth.
Reduction to State Operations and Office of Inspector General $15M
- The first tier of TJJDs state operations cost reduction plan eliminated 25 non-direct care support positions, initiated a six-month hiring freeze for all central office positions and a three-month hiring freeze for all non-direct care field positions. Efforts were made to reduce in-person training and significantly cut back on travel, and the agency closed three district offices and transitioned employees to telework. These reductions negatively impacted the agency’s ability to perform core support operations resulting in decreased human resource and information technology support, delay in legislative reporting, and weakened financial, contracting, and purchasing support.
- The second tier of TJJD state operations cost reduction plan eliminated the FY 2021 planned contingency, a portion of capital information resource and construction funding, and operating funding from the Office of Inspector general. This reduction put the agency in significant risk to planning and responding to emergencies and addressing critical infrastructure needs. Delaying capital projects will result in increased expenses in the future and will stop many of the physical changes necessary for facilities to accommodate violence reduction efforts. Additionally, the IT infrastructure of TJJD is old and is in a current state of improvement; reductions in funding will slow our ability to modernize systems and improve reporting capabilities.
- The last tier of TJJD’s state operations cost reduction decreased the budgeted number of youth placed in contract residential facilities and eliminated any transfer of fund balances to provide additional funding to divert youth from commitment to the state. It also eliminated fleet replacement funding for the Office of Inspector General. This item placed significant risk to the youth and staff’s safety, health, and security. As noted above, eliminating the transfer of state cost savings balances that are realized from the lower-than-appropriated population to JPDs will have serious and long-lasting effects to the juvenile justice system. Reducing allocations for contract placements paused our ability to fully utilize these options in the future. The full measure of the impact the loss of these funds will have on commitments to TJJD cannot be measured in the simple terms of how many fewer youthwill be placed. The practice of providing state cost savings to regional diversion efforts has resulted in our agency being able to approve far more applications for diversion than the appropriated funding would allow. This exponentially increases our ability to provide youth additional diversionary opportunities and creates confidence among the probation departments to consider every youth possible for diversion.
Reduction to Juvenile Probation Grant Funding $6.8M
- The first tier of probation funding reduction plan eliminated all prevention and intervention funding in FY 2021. Prevention and intervention is the first contact a youth has with the justice system. The programs and services funded with this appropriation are designated to keep youth from having formal contact with the system. TJJD opted to accept the deferred risk of cutting this funding rather than reduce services to juveniles already referred to probation and, thereby, decrease public safety. Although it is not anticipated to have an immediate impact, the results of this lost funding will increase the possibility that a youth will have formal contact with the justice system in the years to follow. Data shows that of the youth who receive this level of intervention, 96.8 percent are not referred to juvenile probation during program participation, 55.5 percent maintain or improve school attendance, and 80.3 percent maintain or decrease disciplinary referrals while at school.
- The second tier of the probation funding reduction plan eliminated discretionary grants in FY 2021. This reduction eliminated annual discretionary grant funding provided to enhance mental health services and placement options for youth in the community in efforts to keep youth as shallow in the justice system as possible. The average cost of a regional diversion placement in FY 2019 was $38,779, and the average cost of a discretionary state aid community program service was $2,853. Using these costs, the budget reduction represents 75 youth placed or 1,017 community program services.
- The last tier of the probation funding reduction decreased state aid formula funding. State aid formula funding provides JPDs the ability to operate their basic supervision, community and mental health programs as well as the ability to place youth in their communities. The average cost of a residential placement funded by state aid in FY 2019 was $22,908, and the average cost of a community program service funded by state aid was $1,854. Using these costs, the budget reduction represents 44 youth placed or 539 community program services.
B. List all riders that significantly impact your agency’s budget.
Relevant Riders
Rider 4. Restrictions, State Aid. None of the funds appropriated above and allocated to local juvenile probation boards shall be expended for salaries or expenses of juvenile justice board members. None of the funds appropriated above and allocated to local juvenile probation boards shall be expended for salaries of individual personnel whose annual salary rate exceeds 112 percent of the previous year.
Rider 7. Appropriation and Tracking of Title IV-E Receipts. The provisions of Title IV-E of the Social Security Act shall be used in order to increase funds available for juvenile justice services. The Juvenile Justice Department (JJD) shall certify to the Texas Department of Family and Protective Services that federal financial participation can be claimed for Title IV-E services provided by counties. JJD shall direct necessary general revenue funding to ensure that the federal match for the Title IV-E Social Security Act is maximized for use by participating counties. Such federal receipts are appropriated to JJD for the purpose of reimbursing counties for services provided to eligible children. In accordance with Article IX, Part 13 of this Act, when reporting Federal Funds to the Legislative Budget Board, JJD must report funds expended in the fiscal year that funds are disbursed to counties, regardless of the year in which the claim was made by the county, received by JJD, or certified by JJD.
Rider 8. Federal Foster Care Claims. Out of appropriations made above, the Texas Department of Family and Protective Services and the Juvenile Justice Department shall document possible foster care claims for children in juvenile justice programs and maintain an interagency agreement to implement strategies and responsibilities necessary to claim additional federal foster care funding; and consult with juvenile officials from other states and national experts in designing better foster care funding initiatives.
Rider 13. Juvenile Justice Alternative Education Program (JJAEP). Funds transferred to the Juvenile Justice Department (JJD) pursuant to Texas Education Agency (TEA) Rider 27 and appropriated above in Strategy A.1.6, Juvenile Justice Alternative Education Programs, shall be allocated as follows: Fifteen percent at the beginning of each fiscal year to be distributed on the basis of juvenile age population among the mandated counties identified in Chapter 37, Education Code.
The remaining funds shall be allocated for distribution to the counties mandated by §37.011(a) Education Code, at the rate of $96 per student per day of attendance in the JJAEP for students who are required to be expelled as provided under §37.007, Education Code. Counties are not eligible to receive these funds until the funds initially allocated at the beginning of each fiscal year have been expended at the rate of $96 per student per day of attendance. Counties in which populations exceed 72,000 but are 125,000 or less, may participate in the JJAEP and are eligible for state reimbursement at the rate of $96 per student per day.
JJD may expend any remaining funds for summer school programs. Funds may be used for any student assigned to a JJAEP. Summer school expenditures may not exceed ten percent of appropriation.
Unexpended balances in FY 2022 shall be appropriated to FY 2023 for the same purposes in Strategy A.1.6.
The amount of $96 per student per day for the JJAEP is an estimated amount and not intended to be an entitlement. Appropriations for JJAEP are limited to the amounts transferred from the Foundation School Program pursuant to TEA Rider 27. The amount of $96 per student per day may vary depending on the total number of students actually attending the JJAEPs. Any unexpended or unobligated appropriations shall lapse at the end of FY 2023 to the Foundation School Fund No. 193. If the daily mandatory attendance reimbursement rate falls below $86 per day due to increased days of attendance (the rate established for the 2014-15 school year), TEA will increase appropriated funds to JJD to provide a minimum reimbursement of $86 per attendance day.
JJD may reduce, suspend or withhold JJAEP funds to counties that do not comply with standards, accountability measures, or Texas Education Code Chapter 37
Rider 14. Funding for Additional Eligible Students in JJAEPs. Out of funds appropriated above in Strategy A.1.6, Juvenile Justice Alternative Education Programs, a maximum of $500,000 in each fiscal year (for a maximum of 90 attendance days per child), is allocated for counties with a population of at least 72,000 which operate a JJAEP under the standards of Chapter 37, Texas Education Code. The county is eligible to receive funding from the Juvenile Justice Department at the rate of $96 per day per student for students who are required to be expelled under §37.007, Education Code, and who are expelled from a school district in a county that does not operate a JJAEP.
Rider 16. Appropriation Transfers between Fiscal Years. In addition to the transfer authority provided elsewhere in this Act, the Juvenile Justice Department may transfer appropriations in an amount not to exceed $10,000,000 in General Revenue made for FY 2021 to FY 2020 subject to the following conditions provided by this section:
- Transfers under this section may be made only if (1) juvenile correctional populations exceed appropriated areas of daily population targets or (2) for any other emergency expenditure, including expenditures necessitated by public calamity;
- A transfer authorized by this section must receive prior approval from the Governor and the Legislative Budget Board; and
- The Comptroller of Public Accounts shall cooperate as necessary to assist the completion of a transfer and spending under this section.
Rider 19. Appropriation: Refunds of Unexpended Balances from Local Juvenile Probation Departments. The Juvenile Justice Department (JJD) shall ensure that the agency is refunded all unexpended and unencumbered balances of state funds held as of the close of each fiscal year by local juvenile probation departments. Any unexpended balances of probation department refunds as of August 31, 2021, are appropriated to JJD for the purpose of providing grants to local probation departments in the fiscal year beginning September 1, 2021. All FY 2022 and FY 2023 refunds received from local juvenile probation departments by JJD (Appropriated Receipts) are appropriated above in Strategy A.1.5, Commitment Diversion Initiatives. Any unexpended balances of probation department refunds as of August 31, 2022, are appropriated to JJD for the purpose of providing grants to local juvenile probation departments in the fiscal year beginning September 1, 2022.
Rider 25. JJAEP Disaster Compensation. Out of funds appropriated above in Strategy A.1.6, Juvenile Justice Alternative Education Programs, the Juvenile Justice Department may compensate a mandatory JJAEP for missed mandatory student attendance days in which disaster, flood, extreme weather condition, or other calamity has a significant effect on the program's attendance.
Rider 27. Commitment Diversion Initiatives. Out of the funds appropriated above in Strategy A.1.5, Commitment Diversion Initiatives, $19,492,500 in General Revenue Funds in fiscal year 2022 and $19,492,500 in General Revenue Funds in FY 2023, may be expended only for the purposes of providing programs for the diversion of youth from the Juvenile Justice Department (JJD). The programs may include residential, community-based, family, and aftercare programs. The allocation of State funding for the program is not to exceed a daily rate based on the level of care the juvenile receives. JJD shall ensure that the State is refunded all unexpended and unencumbered balances of State funds at the end of each fiscal year.
These funds shall not be used by local juvenile probation departments for salary increases or costs associated with the employment of staff hired prior to September 1, 2009. JJD shall require juvenile probation departments participating in the diversion program to report to JJD regarding the use of funds within thirty days after the end of each quarter. JJD shall report to the Legislative Budget Board regarding the use of the funds within thirty days after receipt of each county's quarterly report. Items to be included in the report include, but are not limited to, the amount of funds expended, the number of youth served by the program, the percent of youth successfully completing the program, the types of programming for which the funds were used, the types of services provided to youth served by the program, the average actual cost per youth participating in the program, the rates of recidivism of program participants, the number of youth committed to JJD, any consecutive length of time over six months a juvenile served by the diversion program resides in a secure corrections facility, and the number of juveniles transferred to criminal court under Family Code, §54.02.
JJD shall maintain a mechanism for tracking youth served by the diversion program to determine the long-term success for diverting youth from state juvenile correctional incarceration and the adult criminal justice system. A report on the program's results shall be included in the report that is required under JJD Rider 26 to be submitted to the Legislative Budget Board by December 1st of each year. In the report, JJD shall report the cost per day and average daily population of all programs funded by Strategy A.1.5, Commitment Diversion Initiatives, for the previous fiscal year.
The Comptroller of Public Accounts shall not allow the expenditure of funds appropriated by this Act to JJD in Goal F, Indirect Administration, if the Legislative Budget Board certifies to the Comptroller of Public Accounts that JJD is not in compliance with any of the provisions of this Section.
Rider 28. Mental Health Services Grants. Included in the amounts appropriated above in Strategy A.1.7, Mental Health Services Grants, is $14,178,353 in fiscal year 2022 and $14,178,351 in fiscal year 2023 to fund mental health services provided by local juvenile probation departments. Funds subject to this provision shall be used by local juvenile probation departments only for providing mental health services to juvenile offenders. Funds subject to this provision may not be utilized for administrative expenses of local juvenile probation departments nor may they be used to supplant local funding.
Rider 29. Contingency for Behavioral Health Funds. Notwithstanding appropriation authority granted above, the Comptroller of Public Accounts shall not allow the expenditure of General Revenue Related behavioral health funds for the Juvenile Justice Department in Strategies A.1.1, Prevention and Intervention; A.1.3, Community Programs; A.1.4, Pre and Post Adjudication Facilities; A.1.5, Commitment Diversion Initiatives; A.1.7, Mental Health Services Grants; B.1.1, Assessment, Orientation, and Placement; B.1.6, Health Care; B.1.7, Mental Health (Psychiatric) Care; B.1.8, Integrated Rehabilitation Treatment; and C.1.2, Parole Programs and Services, in fiscal year 2022 or fiscal year 2023, as identified in Art. IX, Sec. 10.04, Statewide Behavioral Health Strategic Plan and Coordinated Expenditures, if the Legislative Budget Board provides notification to the Comptroller of Public Accounts that the agency's planned expenditure of those funds in fiscal year 2022 or fiscal year 2023 does not satisfy the requirements of Art. IX, Sec. 10.04, Statewide Behavioral Health Strategic Plan and Coordinated Expenditures.
Rider 31. Harris County Leadership Academy. Out of funds appropriated above in Strategy A.1.4, Pre and Post-Adjudication Facilities, the amount of $1,000,000 in General Revenue Funds in each fiscal year shall be expended for the Harris County Leadership Academy.
Rider 32. Juvenile Referrals. Included in the amounts appropriated above in Strategy A.1.3, Community Programs, is funding granted to juvenile probation departments for intake and processing of juvenile referrals not subsequently placed on one of the three types of supervision pursuant to Family Code, Section 54.0401.
Rider 34. Single Grant Applications for Local Probation Departments. The Juvenile Justice Department (JJD) shall create a single grant application for local probation departments wishing to apply for discretionary grant funding. The application will require the local probation department to specify the amount of funding it seeks from each strategy. As a condition of funding, local probation departments shall agree to meet research-based performance measures developed by JJD pursuant to Health and Human Services Code §223.001(c).
Rider 35. Non-Profit Pilot Programs. From funds appropriated above in Strategy A.1.3, Community Programs, is $250,000 in General Revenue in each fiscal year of the 2022-23 biennium to establish pilot programs in Harris, Hidalgo, and Cameron counties administered by non-profits that provide trauma-informed counseling and life-skills and hands-on vocational training for youth who were previously committed to state correctional custody in the Juvenile Justice Department. The non-profit must be supported by the counties.
Rider 36. Prevention, Intervention, and Commitment Diversion.
- Amounts appropriated above in Strategy A.1.1, Prevention and Intervention, are to continue programs and services designated to keep youth from having formal contact with the juvenile system.
- Amounts appropriated above in Strategy A.1.5, Commitment Diversion, are to continue providing juvenile probation departments the ability to operate basic supervision, community and health programs, and place youth within their communities.
Rider 37. Harris County Front-End Multisystemic Therapy Team. Out of the funds appropriated above in Strategy A.1.3, Community Programs, $500,000 in General Revenue for fiscal year 2022 and $500,000 in General Revenue for fiscal year 2023 shall be used to establish a front- end Multisystemic Therapy (MST) team in Harris County to prevent youth and adolescents from entering the juvenile justice and child welfare systems. The Juvenile Justice Department (JJD) and the Harris Center for Mental Health and IDD (Harris Center) shall enter into a memorandum of understanding that provides for the transfer of funds through an interagency contract from JJD to the Harris Center to fund this initiative. The Harris Center shall establish an evidenced- based MST team in partnership with local juvenile probation and protective services programs.
Not later than November 30, 2022, JJD shall submit a performance report to the Legislative Budget Board that includes standard measures to assess the success of the program, including the number of youth and adolescents who have been diverted from the juvenile justice and child welfare systems.
Rider 38. Harris County Admissions. The Juvenile Justice Department (JJD) shall collaborate with Harris County regarding the possibility of housing some or all of its own JJD admissions, including provision of funds, treatment, services, and monitoring. The agency may use funds appropriated above to contract with Harris County to provide these services.
Rider 39. El Paso Front-End Multisystemic Therapy Team. Out of the funds appropriated above in Strategy A.1.3, Community Programs, $500,000 in General Revenue for fiscal year 2022 and $500,000 in General Revenue for fiscal year 2023 shall be used to establish a front-end Multisystemic Therapy (MST) team in El Paso County to prevent youth and adolescents from entering the juvenile justice and child welfare systems. The Juvenile Justice Department (JJD) and the Emergence Health Network shall enter into a memorandum of understanding that provides for the transfer of funds through an interagency contract from JJD to the Emergence Health Network to fund this initiative. The Emergence Health Network shall establish an evidenced-based MST team in partnership with local juvenile probation and protective services programs. Not later than November 30, 2022, JJD shall submit a performance report to the Legislative Budget Board that includes standard measures to assess the success of the program, including the number of youth and adolescents who have been diverted from the juvenile justice and child welfare systems.
C. Show your agency’s expenditures by strategy.
D. Show your agency’s sources of revenue. Include all local, state, and federal appropriations, all professional and operating fees, and all other sources of revenue collected by the agency, including taxes and fines. See Exhibit 7 Example.
Note: This includes $40,208,387 of CARES Federal Funding from the Governor's Office that was received in FY 2021 but was a reimbursement of AY 2020 expenditures. TJJD appropriations in AY 2020 were reduced by the same amount as CRF received.
E. If you receive funds from multiple federal programs, show the types of federal funding sources.
Note: CRF Federal Funding from the Governor's Office was received in FY 2021 but was a reimbursement of AY 2020 expenditures. TJJD appropriations in AY 2020 were reduced by the same amount as CARES funding received.
F. If applicable, provide detailed information on fees collected by your agency. Please explain how much fee revenue is deposited/returned to the General Revenue Fund and why, if applicable.
VI. Organization
A. Provide an organizational chart that includes major programs and divisions, and shows the number of FTEs in each program or division. Detail should include, if possible, department heads with subordinates, and actual FTEs with budgeted FTEs in parenthesis.
B. If applicable, fill in the chart below listing field or regional offices.
C. What are your agency’s FTE caps for fiscal years 2019–22?
- FY 19: 2,703.3
- FY 20: 2,704.3
- FY 21: 2,704.3
- FY 22: 2,485.7
- FY 23: 2,499.2
D. How many temporary or contract employees did your agency have in fiscal year 2020? Please provide a short summary of the purpose of each position, the amount of expenditures per contract employee, and the procurement method of each position.
As provided by Governor Abbott's proclamation declaring a state of disaster for all counties of Texas and suspending the enforcement of any state statute or administrative rule regarding contracting or procurement that would impede any state agency's emergency response that is necessary to cope with the disaster, TJJD entered into a contract with BCFS Health and Human Services to provide supplemental staffing to TJJD facilities. Such supplemental staff was required due to the declared disaster.
- 07/03/2020--TJJD / BCFS Contract signed
- 07/08/2020--100 direct care
- 07/14/2020--100 direct care; 45 QRT (EMTs); 44 MED (RNs and LVNs)
- 07/21/2020--108 direct care; 21 QRT; 32 MED
- 07/23/2020--109 direct care; 32 QRT; 24 MED
- 07/27/2020--84 direct care; 12 QRT; 24 MED
- 08/05/2020--30 direct care; 0 QRT; 4 MED
E. List each of your agency’s key programs or functions, along with expenditures and FTEs by program.
Exhibit 11: List of Program FTEs and Expenditures – Fiscal Year 2020 can be found in Attachment F.
VII. Guide to Agency Programs
Intake, Orientation, Assessment
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Intake, Orientation, and Assessment
- Location/Division: Ron Jackson/Probation Services, Treatment, Case Management, State Operated Programs and Services
- Contact Name: Dr. Evan Norton
-
Statutory Citation for Program:
Human Resources Code, Chapter 243 Admission and Commitment 242.002, Human Resources Code
242.051 Human Resources Code 244.001, Human Resources Code 59.009, Family Code
B. What is the objective of this program or function? Describe the major activities performed under this program.
Numerous studies indicate a significant number of youth entering the juvenile justice system present with histories of adverse childhood experiences, emotional disturbances, and mental health and substance abuse issues. Moreover, the complexity of needs these youth present with often make it difficult to keep them safe, stable and/or managed in a juvenile justice, secure care setting as these youth are commonly best served in acute hospitals, psychiatric facilities, and in community mental health, substance abuse and residential treatment settings.
The purpose of TJJD’s Intake, Orientation and Assessment Unit, located at the Ron Jackson State Juvenile Correctional Complex in Brownwood, Texas, is to orient the youth from the committing county and to provide complete and timely information regarding TJJD and its facility treatment programs, services, expectations and information about the youth’s basic rights. The Intake, Orientation and Assessment process also provides a comprehensive diagnostic evaluation for each youth admitted to its care.
The Regionalization Department participates in collaboration with the Ron Jackson State Juvenile Correctional Complex’s Intake, Orientation and Assessment Unit to coordinate the safe admission of youth committed to the care and custody of the Texas Juvenile Justice Department from local Juvenile Probation Departments. Each Regional County Program Administrator has established relationships with juvenile probation departments in their assigned regions and their involvement in submitting pre-admission documents, communicating case-specific issues to TJJD and scheduling admission dates increases safety of youth and staff.
This approach allows TJJD staff to better understand and prepare to meet a youth’s most significant needs upon arrival, fostering the trauma-informed approaches that are foundational to the juvenile justice system’s treatment and rehabilitation philosophy and affording better opportunities to establish strong, trust-based relationships with youth arriving at TJJD and their families.
Prior to placing these youth transferring from the Intake, Orientation, and Assessment Unit into their assigned secure TJJD facility, each youth receives medical, psychological, and educational assessments to determine their strengths, needs, protective factors, and treatment needs. Additionally, the results of the screening and assessments process helps to identify youth with histories of trauma, emotional disturbances, mental health, and substance abuse needs, and those youth at risk for suicide. Furthermore, the results of these assessments help to individualize the youth’s treatment plan as they move through the TJJD continuum of care and as they prepare to return to their respective communities.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
TJJD calculates, reviews, and reports the following program statistics and performance measures to the Legislative Budget Board (LBB):
- Total number of new admissions to JJD (Exhibit 2);
- Assessment and orientation cost per juvenile day (Exhibit 2);
- Average daily population: assessment & orientation (Exhibit 2);
- Orientation and assessment total served (Exhibit 12): calculated as the population in the program at the beginning of the year plus total placements during the fiscal year; and
- Orientation and assessment average length of stay (Exhibit 12): calculated as the average of the number of days assigned to the program minus escape days for youth exiting the program for the first time during the fiscal year.
The LBB uses the actual performance in Exhibit 12 for their biennial Criminal and Juvenile Justice Uniform Cost Report published for each legislative session. Also, please reference the performance measure, “Average Daily Population: Assessment and Orientation,” in Exhibit 2.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
The male Intake Orientation and Assessment Unit moved from McLennan County State Juvenile Justice Correctional Facility to the Ron Jackson State Juvenile Correctional Complex in October of 2013. Ron Jackson houses all Orientation and Assessment youth adjudicated to the Texas Juvenile Justice Department.
In February 2015, employees from TJJD’s state operated facilities were given access to the Juvenile Case Management System. At that time, the Juvenile Case Management System was providing case management services to juvenile probation departments in over 200 counties in Texas. With this increased access to information on individual youth, as well as the increased knowledge of the adjudicated youth’s individual histories, and more access to information about the youth’s interaction and responses to the services and treatment provided by probation and the residential treatment facilities during the course of the youth’s probation periods, TJJD was better equipped to provide continuity of care as youth moved through these systems. Additionally, as a result of this increased access and information, TJJD was better able to initially screen, assess, place, and provide improved case management and treatment services throughout the course of a youth’s stay within the TJJD system.
In 2019, the Orientation and Assessment timeline changed from 28 calendar days to 21 calendar days. This change helped to reduce the duration of time the youth were in the Intake, Orientation, and Assessment process in order to move them to their long term TJJD facility more quickly.
In August of 2020, in response to the pandemic, TJJD worked with county probation departments to commit youth from their respective counties to TJJD and were placed directly in contract care facilities reducing the duration of time spent at the Orientation and Assessment Unit.
In early 2021, the McLennan County State Juvenile Justice Correctional Facility temporarily facilitated the Intake Orientation and Assessment process to assist in reducing the number of youth on the pending admission list.
Prior to the pandemic, juvenile probation departments would not be scheduled an admission date and time to bring committed youth to TJJD, but rather arrive unannounced. However, during the COVID outbreak, TJJD initiated a process change to admit committed youth in a more controlled fashion, reducing the risk of COVID outbreaks in TJJD-operated facilities. The change allowed Ron Jackson’s orientation and assessment unit to resume admissions after an initial pause, removing a backlog of committed youth at the waiting for admission and freeing already limited detention bed space.
The safety benefits of the new process extend beyond controlling the spread of COVID to enhancing safety for both youth and staff during the assessment and orientation period. It ensures vital information about a youth’s medical, mental health, and behavioral needs are communicated before the youth’s arrival and that youth are brought into their new environment with more one-on-one attention to ease fear and increase safety and cooperation upon admission, which aligns with the agency’s trauma-informed approach to treatment and rehabilitation. For these reasons, the process initiated because of COVID will continue into the future.
Texas Family Code Chapter 58 subchapter E addresses the Statewide Juvenile Information and Case Management System, enacted in 2007 and enhanced in 2009, with the purpose to “(1) provide accurate information at the statewide level relating to children who come into contact with the juvenile justice system;(2) facilitate communication and information sharing between authorized entities in criminal and juvenile justice agencies and partner agencies regarding effective and efficient identification of and service delivery to juvenile offenders; and (3) provide comprehensive juvenile justice information and case management abilities that will meet the common data collection, reporting, and management needs of juvenile probation departments in this state and provide the flexibility to accommodate individualized requirements.” (TFC 58.402) This system which was intended to “(1) aid in processing the cases of children under this title; (2) facilitate the delivery of services to children in the juvenile justice system; (3) aid in the early identification of at-risk and delinquent children; and (4) facilitate cross-jurisdictional sharing of information related to juvenile offenders between authorized criminal and juvenile justice agencies and partner agencies.” (TFC 58.403) The availability of the Juvenile Case Management System (JCMS), helps to ensure that valuable case information can be accessed from a historical standpoint once a youth is committed. For instance, a youth may be committed from one county but have juvenile referrals in another county throughout the state. Immediate access helps to coordinate case management and individualize treatment plans to address emerging needs or possibly triage prior traumatic events.
In the 84th Legislative session, SB 1630 added to the Human Resources Code 221.003 that reads “A juvenile probation department must, before the disposition of a child's case and using a validated risk and needs assessment instrument or process provided or approved by the department, complete a risk and needs assessment for each child under the jurisdiction of the juvenile probation department. This section reads “Any risk and needs assessment instrument or process that is provided or approved by the department for a juvenile probation department to use under Subsection (b) must be a validated instrument or process.” No additional funding accompanied the mandate for a validated risk and needs assessment. As of the second quarter Fiscal Year 2020 all 165 departments are now utilizing a valid risk assessment tool. 164 chose to utilize the same platform and risk and needs assessment as TJJD which enhances the individualization of services and care coordination once a youth arrives at TJJD giving a complete history of the youth.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected.
165 Juvenile Probation Departments serving 254 individual counties are affected as committed youth begin the TJJD intake process at Orientation and Assessment.
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
Once a youth is committed to TJJD from a juvenile court, the local juvenile probation department will notify their assigned regional county program administrator of the new commitment and forward a copy of the certified order of commitment and identified pre- admission information to the Ron Jackson orientation and assessment team in accordance with HRC §243.004. Upon receipt and review of these documents, the orientation team notifies the probation department and regional county program administrator that the youth is ready for admission. The regional county program administrator works with the probation department to set the date and time for the youth’s transport to the Ron Jackson facility. The committing department brings all remaining items listed in the admission packet section of the TJJD Checklist in accordance with HRC §243.005 when transporting the youth to TJJD.
The Regionalization Department monitors and tracks COVID reports and other issues or barriers from detention centers and county jails across the state of Texas to ensure low risk to committing counties’ transporting staff or Sheriff’s deputies, committed juveniles, Office of Inspector General (OIG) staff, University of Texas Medical Branch (UTMB) staff, and Ron Jackson Intake, Orientation and Assessment unit staff during the transport and admission process. Additionally, coordination occurs with program, mental health, and medical staff assigned to the Intake, Orientation and Assessment Unit regarding current medical concerns, COVID vaccination status, prior history of positive COVID infection and recovery, suicide history and recent attempts, active mental health issues, and any other specific items of note. Thus, involvement of the Regionalization department in the TJJD admission process has strengthened the continuity of care for each committed juvenile.
In accordance with GAP.380.8503, the TJJD orientation and assessment unit performs all intake activities, including receipt of the youth from the committing county. TJJD staff members perform the following admission procedures, at a minimum:
- Search each youth in accordance with §380.9709 of this title;
- Inventory any personal possessions and return them to the county transporter;
- Complete a body identification form;
- Require the youth to shower, screen the youth for pediculosis, and provide treatment if indicated;
- Complete an initial health screening;
- Issue clothing;
- Provide personal hygiene articles;
- Photograph and fingerprint each youth;
- Assign an official TJJD number;
- Initiate sex offender registration with the Texas Department of Public Safety (DPS), if required; and
- Take a blood sample from each youth for the DPS DNA database. TJJD notifies each youth’s parent/guardian in writing of:
- The youth’s admission;
- TJJD’s medical consent authority, as explained in §380.9181 of this title;
- Procedures for communicating with his/her child through mail, phone calls, and visits;
- The parent/guardian’s rights as provided in the TJJD parent's bill of rights; and
- The following information:
- contraband money, as defined in §380.9107 of this title, found in possession of a TJJD youth in a residential facility will be deposited in the student benefit fund;
- providing contraband to a TJJD youth, including alcohol, drugs, tobacco, or a cellular phone, is a criminal offense and could be subject to prosecution; and
- TJJD may use the chemical agent oleoresin capsicum, also known as OC spray, as necessary under §380.9723 of this title.
- TJJD provides orientation to youth about the TJJD system, as required by §380.9115 of this title, and documents the orientation.
- TJJD provides youth with counseling services and academic instruction during the youth’s stay at the orientation and assessment unit.
- Upon transportation of youth to their initial placements, TJJD notifies the parent/guardian, parole officer, and others as needed of the initial placement location.
The Orientation and Assessment Process includes the following:
Day 1: At Intake
- Assess for suicide alert status by a mental health professional within the first hour after arrival
- Initial Health Screening conducted by trained nursing staff
- Administered MAYSI-2
- Assess for risk of exploitation and victimization to ensure PREA standards are met
- Parole Officer assigned based on region
- Contacts made with Medicaid, Social Security, DFPS and ICE as required
- Intake Case Manager completes Intake Screening for Potential Sexual Aggressive Behavior and/or Sexual Victimization
- Contact made with the youth's parents/guardian
- Youth transitions to assigned dorm and welcomed by juvenile correctional officers, dorm case manager, and peers
Day 1-21: Education
- Youth's education records are requested within first 3 days of their arrival
- Youth is assigned courses based on available recordsAll courses are offered through APEX learning
- Youth earns credits for the courses completed or completes courses at the next facility
- Test of Adult Basic Education (TABE), TOWRE, and Career Scope administered
- Youth is placed on Personal Opportunity Plan (POP) curriculum and Pathways to College and Career course
- Special Education services are provided based on the youth's need
Medical and Psychiatry
- Initial Physical evaluation conducted (hearing, vision, and TSTInitial Dental evaluation conducted
- Initial Psychiatric evaluation conducted within first 21 days, if indicated
- Optometry appointment, if indicated
- Immunization review within first week, entered into IMMTRC, and scheduled for immunizations, if indicated
- If a youth is under DFPS conservatorship, medical consent is requested from their DFPS caseworker
Case Management and Psychology
- Contact with the parent and/or legal guardian within the first 7 days
- Dorm Case Manager meets with the youth within the first 7 days and once weekly after the initial session to review stage progression criteria
- Youth attends group five days a week
- A comprehensive psychological assessment is completed within 14 calendar days of the youth’s admission to TJJD to identify diagnoses and specialized treatment recommendations
- R-PACT (Residential Positive Achievement Clinical Tool) is completed
- Placement meeting is held with the youth and placement is assigned by Central Placement
Unit staff based on youth’s treatment recommendation - Youth transitions to long-term placement
In response to COVID-19, youth are first screened by UTMB medical professionals for symptoms related to COVID-19 upon their arrival to the unit. Within one hour of the youth’s arrival, a Mental Health Professional assesses the youth for suicide risk and determination of placement on suicide alert status. New youth are also required to view the PREA and COVID information and procedures video.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
||||||||||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
The McLennan County State Juvenile Justice Correctional Facility has capabilities of facilitating the Intake Orientation and Assessment process, however, the Ron Jackson State Juvenile Correctional Complex is the only Reception Facility eligible to process court documentation, verify commitment orders, and assign TJJD numbers.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.
In 2015, the 84th Texas Legislature passed Senate Bill (SB) 1630, requiring the Texas Juvenile Justice Department (TJJD) to finalize a regionalization plan by August 31, 2016, that would keep more adjudicated youth within their home regions, by accessing available local post- adjudication facility capacity. The plan required the development of a new division to focus on the diversion of youth from commitment to TJJD. This grant program gives additional financial resources, enhances existing residential capacity, expands residential capacity, or a combination of them. As all 165 probation departments have the opportunity to participate, it helps to ensure that alternatives are available to youth that do not rise to the high restriction setting that TJJD operates.
Additionally, while counties that commit to TJJD are not required to apply for diversion dollars, as a result of SB 1630 p, the Texas Family Code 54.04013 was added which lays out a Special Commitment to Texas Juvenile Justice Department, “the juvenile court may commit a child who is found to have engaged in delinquent conduct that constitutes a felony offense to the Texas Juvenile Justice Department without a determinate sentence if the court makes a special commitment finding that the child has behavioral health or other special needs that cannot be met with the resources available in the community.” The availability of Regional Diversion grant funds helps to reduce the number of youth committed to the state with an indeterminate commitment simply because financial resources are not available at the local level.
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency. N/A
K. If contracted expenditures are made through this program please provide
-
a short summary of the general purpose of those contracts overall;
TJJD uses contracts to procure vital statistics and records for youth in TJJD custody. These contracts are with the Department of State Health Services to purchase necessary state identification and vital records for youth who are committed to TJJD without them (e.g., birth certificates, state-issued identification cards). - the amount of those expenditures in fiscal year 2020; $1,143.00
- the number of contracts accounting for those expenditures; 2
-
the method used to procure contracts;
Interagency contract with the Department of State Health Services -
top five contracts by dollar amount, including contractor and purpose;
- CON0000769 – maximum contract amount of $1,640.00 with the Department of State Health Services for vital statistics information for youth.
- CON0000967 – maximum contract amount of $40,000.00 with the Department of State Health Services for vital statistics information for youth.
-
the methods used to ensure accountability for funding and performance; and
TJJD follows the Texas Comptroller of Public Accounts’ (CPA) Statewide Procurement Division’s (SPD) procurement guidelines as articulated in the State of Texas Procurement and Contract Management Guide. TJJD has also standardized many of its contracting documents and requires review by an attorney of any non-standard language. TJJD has also put in place a requirement that ensures all contract requestors and approvers certify that they do not have a conflict of interest for that matter. Finally, all members of the TJJD Contracts Team have earned the Certified Texas Contract Manager certification by the Texas CPA's office. -
A short description of any current contracting problems.
There are no current contracting problems for these contracts; however, TJJD is implementing a new program with DSHS and the Department of Public Safety to further the agency’s efforts at providing youth necessary documents and identification during their time with TJJD and upon reentry. This requirement was passed as HB 4544 (87R).
L. Provide information on any grants awarded by the program. N/A
M. Are there any barriers or challenges that impede the program’s performance, including any outdated or ineffective state laws? Explain.
Texas Family Code Chapter 58 subchapter E addresses the Statewide Juvenile Information and Case Management System, enacted in 2007 and enhanced in 2009, with the purpose to “(1) provide accurate information at the statewide level relating to children who come into contact with the juvenile justice system; (2) facilitate communication and information sharing between authorized entities in criminal and juvenile justice agencies and partner agencies regarding effective and efficient identification of and service delivery to juvenile offenders; and (3) provide comprehensive juvenile justice information and case management abilities that will meet the common data collection, reporting, and management needs of juvenile probation departments in this state and provide the flexibility to accommodate individualized requirements.” (TFC 58.402) This system which was intended to “(1) aid in processing the cases of children under this title; (2) facilitate the delivery of services to children in the juvenile justice system; (3) aid in the early identification of at-risk and delinquent children; and (4) facilitate cross-jurisdictional sharing of information related to juvenile offenders between authorized criminal and juvenile justice agencies and partner agencies.” (TFC 58.403)
This chapter cites on more than one occasion that this system is intended for use statewide. While currently 157 departments participate with the Juvenile Case Management System maintained and provided by TJJD, the other eight departments utilize and pay for their own internal case management systems. These eight departments account for 53 percent of the total juvenile age population in 2020. The eight departments cannot see JCMS participating department data and TJJD and CMS participating departments cannot see the eight non-JCMS participating department data. Finally, these 8 counties made up 44 percent of new admissions in fiscal year 2016, 46 percent in fiscal year 2017, 42 percent in fiscal year 2018, 39 percent in fiscal year 2019, and 28 percent in fiscal year 2020. This barrier goes against the core mission of TFC 58.403 (E) resulting in a loss of continuity of care for juveniles referred within our system.
N. Provide any additional information needed to gain a preliminary understanding of the program or function.
TJJD receives admissions from all 254 counties within the state of Texas. On average 100-115 counties commit at least one youth each fiscal year. The state of Texas is divided into seven regions and within the Regionalization Division there are five regional county program administrators assigned to the seven regions (two are assigned more than one region).
Sections O and P: N/A
State Secure Facilities: Basic Youth Supervision
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: State Basic Supervision
- Location/Division: Statewide
- Contact Name: Shandra Carter, Deputy Executive Director for State Services
- Statutory Citation for Program: Chapter 242, Texas Human Resources Code
B. What is the objective of this program or function? Describe the major activities performed under this program.
TJJD’s core mission is to supervise, treat, and rehabilitate the youth who are committed to TJJD custody. These youth were adjudicated for delinquent conduct in violation of a felony level offense and were committed to TJJD by the court.
Youth may be committed on an indeterminate commitment or determinate commitment under Section 54.04, Texas Family Code. For youth on indeterminate commitments, TJJD assigns a minimum length of stay under Section 243.002, Texas Human Resources Code, taking into account the severity of the offense and the risk the youth poses to the community. Initial lengths of stay on an indeterminate sentence can range from nine to twenty-four months. The Release Review Panel program in this Section includes the information pertaining to the review of release, discharge, or extensions of a youth’s initial length of stay on an indeterminate sentence.
For youth committed to TJJD on a determinate sentence, the penalty level of their adjudicated offense determines their initial sentence length. TJJD may not parole a youth without authorization from the committing court unless the youth has served at least: ten years for conduct constituting capital murder; three years for conduct constituting an aggravated controlled substance felony or a first-degree felony; two years for conduct constituting a second-degree felony; or one year for conduct constituting a third-degree felony. See Texas Human Resources Code § 245.051. The Department of Sentenced Offender Disposition program in this Section includes the information pertaining to transfer to TJJD parole, TDCJ parole, or TDCJ institutional division for youth with a determinate sentence.
All youth, regardless of commitment type, can spend time in a TJJD secure facility. The Intake, Orientation, and Assessment program and the Centralized Placement Unit description within the Reentry Program in this Section discusses how youth are assessed and placed in a secure facility, non-secure halfway house, or contract placement.
When youth are housed in a secure facility, they are monitored at all times by juvenile correctional officers employed at the five state secure facilities: the Evins Regional Juvenile Center, the Gainesville State School, the Giddings State School, the McLennan County State Juvenile Correctional Facility, and the Ron Jackson State Juvenile Correctional Complex. The Ron Jackson facility houses our girls’ unit and our Orientation and Assessment program, and all other secure facilities house programs for boys.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
See the following key performance measures in Exhibit 2:
- CPD: State-Operated Secure Correctional Facility
- Juvenile Per Direct Supervision JCO Staff Per Shift
- Average Daily Population: State Operated Secure Correctional Facilities
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected.
Youth who are adjudicated on felony level delinquent conduct, and who are committed to TJJD under Section 54.04, Texas Family Code, may be supervised at one of the five state-operated secure juvenile correctional facilities.
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
TJJD operates five secure correctional facilities under the direction of the Deputy Executive Director for State Services. The Director of Secure Facilities directly reports to the Deputy Executive Director. Each secure facility has a facility superintendent who reports directly to the Director of Secure Facilities.
At each secure facility, youth are placed in dorms based on a variety of factors, including their age, risk and needs assessment, safe housing assessment, treatment needs, and whether they need specialized mental health treatment. Each dorm consists of a dorm team leader, senior juvenile correctional officers, and additional juvenile correctional officers who provide direct- care supervision and engagement with the youth on the dorm. The dorm team leaders report directly to the Facility Assistant Superintendent, who reports directly to the Facility Superintendent.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
The Texas Department of Criminal Justice provides services to persons who might be the same age as a youth committed to TJJD. Youth may be committed to TJJD if their delinquent conduct occurred between ages 10 and 17. Youth may stay in TJJD custody until they reach the age of 19. Persons who are at least 14 years of age can be certified by a court as having adult culpability, and they may be sentenced to TDCJ institutional division. Also, youth committed to TJJD with a determinate sentence may be transferred to TDCJ institutional division at age 16 or after.
Local juvenile probation departments also serve youth the same age as TJJD; however, local probation departments can serve youth who are adjudicated delinquent for misdemeanor level offenses and who engage in conduct in need of supervision in addition to youth adjudicated delinquent for felony level offenses. Youth typically spend time under the supervision or in the custody of a local juvenile probation department prior to their commitment to TJJD. Additionally, youth who are paroled or discharged from TJJD and who remain under the age of 17 may subsequently engage in additional conduct that places them back under the supervision or custody of a local juvenile probation department.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.
The Texas Family Code, Human Resources Code, Code of Criminal Procedure, Penal Code, and Rules of Civil Procedure all set out duties assigned to TJJD, local juvenile probation departments, and TDCJ. When a youth is adjudicated for having committed delinquent conduct, the court, using applicable state law, will decide whether the youth is committed to TJJD or to the custody of a post-adjudication facility operated by a local juvenile probation department. If a youth is certified as an adult, the youth’s case will transfer from the juvenile court to the adult criminal court for proceedings and eventual disposition, up to and including incarceration in TDCJ. The statutory mechanism ensures there is not duplication or conflict between the various levels of the juvenile and criminal justice system.
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
TJJD operations works with the TJJD Office of Inspector General for safety and security of the secure correctional facilities. Other entities mentioned throughout this section also coordinate services with this program, such as the University of Texas Medical Branch – Correctional Managed Care to provide medical services to youth who are under supervision in secure correctional facilities.
K. If contracted expenditures are made through this program please provide
- a short summary of the general purpose of those contracts overall; One contract provided supplemental direct care supervision for TJJD facilities who experienced staffing shortages due to the COVID-19 pandemic. The other contract is for equipment and services to support TJJD’s body-worn camera program.
- the amount of those expenditures in fiscal year 2020; $2,147,355.88
- the number of contracts accounting for those expenditures; 2
-
the method used to procure contracts; The body-worn camera program was solicited and awarded through the DIR contract with the
vendor. As provided by Governor Abbott’s March 13, 2020, Proclamation declaring a state of disaster for all counties of Texas and suspending the enforcement of any state statute or administrative rule regarding contracting or procurement that would impede any state agency’s emergency response, TJJD entered into a contract with BCFS Health and Human Services to provide supplemental staffing to TJJD facilities. Such supplemental staff was required to effectively respond to the COVID-19 disaster. -
top five contracts by dollar amount, including contractor and purpose;
- CON0000878 – maximum contract amount of $7,688,579.48 with DBA Taser Training Academy
for body-worn cameras for all direct-care supervisory staff. - CON0001182 – maximum contract amount of $6,000,000.00 with BCFS Health and Human Services for supplemental staffing for TJJD facilities affected by COVID-19.
- CON0000878 – maximum contract amount of $7,688,579.48 with DBA Taser Training Academy
-
the methods used to ensure accountability for funding and performance; and
TJJD follows the Texas Comptroller of Public Accounts’ (CPA) Statewide Procurement Division’s (SPD) procurement guidelines as articulated in the State of Texas Procurement and Contract Management Guide. TJJD has also standardized many of its contracting documents and requires review by an attorney of any non-standard language. TJJD has also put in place a requirement that ensures all contract requestors and approvers certify that they do not have a conflict of interest for that matter. Finally, all members of the TJJD Contracts Team have earned the Certified Texas Contract Manager certification by the Texas CPA's office. - a short description of any current contracting problems. N/A
L. Provide information on any grants awarded by the program. N/A
M. Are there any barriers or challenges that impede the program’s performance, including any outdated or ineffective state laws? Explain.
See Section II.E, Section II.H, and Section IX of this Report.
Sections N-P. N/A
Education and Workforce Development for Youth
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Education and Workforce Development
- Location/Division: Education Services; Lone Star Independent School District
- Contact Name: Luther Taliaferro, Superintendent of Schools
- Statutory Citation for Program: Sections 30.102-30.106, Texas Education Code
B. What is the objective of this program or function? Describe the major activities performed under this program.
The TJJD division of education services seeks to provide youth with quality academic and vocational experiences in order to better equip them for a successful reentry to their community. TJJD offers courses that enable the student to maintain progress toward completing high school graduation requirements through academic offerings in language arts, mathematics, science, social studies, and self-discipline.
Education
TJJD operates its own school district and provides educational programming at each of the five secure facilities. Youth earn credits in TEKS-aligned courses and participate in all required state assessments. Youth can engage in educational programming in-person provided by teachers, and through online digital learning platforms where teachers can provide supplemental tutoring while youth work on assignments at their own pace. Youth earn credits towards their GED or high school diploma, and youth may also earn dual-credit and college credit through a partnership between TJJD and Blinn College.
Each secure facility has a library designed to help students grow as readers. The librarians strive to offer youth with high-interest reading material and routinely seek youth input when building their collections. The librarians host reading competitions, create non-fiction/fiction book pairings, and offer personalized recommendations to increase the youth’s interest in reading. Section 30.106, Education Code, requires TJJD to implement a reading program to improve student reading skills. Students identified in need of reading interventions are placed in specialized reading programs that are taught by teachers certified in reading and who have expertise teaching reading to struggling adolescent readers. The reading program provides individualized reading instruction in the five major essential components of effective reading: phonemic awareness, phonics, fluency, vocabulary, and comprehension. Student progress is monitored by the reading teachers and the district reading specialist.
TJJD ensures the needs of students with disabilities are met and that all federal and state laws and regulations are followed for students who qualify for special education and/or Section 504 services. Each facility has a diagnostician and academic counselor, and TJJD has a Dyslexia Intervention Plan that requires each facility to have a trained educator who can assess, diagnose, and provide instruction to students with dyslexia and related disabilities.
TJJD provides English as a Second Language (ESL) services to students according to the English Language Proficiency Standards (ELPS). This includes identification of ESL students, annual administration of the assessment for listening, speaking, reading, and writing (TELPAS), and exit of students from the ESL program once they show language proficiency. Each facility has an ESL coordinator who supports ESL students and trains other teachers in ESL learning strategies.
TJJD youth assigned to contract care placements participate in educational programming provided by those placements, and youth assigned to TJJD halfway houses participate in educational programming provided by the local school districts
Workforce development
At TJJD-operated secure facilities, youth are provided the opportunity to earn certificates in technology, construction, culinary arts, welding, horticulture, OSHA 10-hour training, forklift operation, and CPR and first aid. TJJD facilities also prepare youth for their future careers by hosting career fairs and conducting mock interviews for the youth. Facilities provide financial literacy courses, work study programs, and career preparation classes. Special education students are provided an online platform to discover their compatibility with over 800 careers. TJJD is also a partner agency in the Texas Workforce System—a group of eight state agencies and twenty-eight local workforce boards that promote and enable state-level coordination and collaboration among workforce programs. More information can be found in Schedule G of TJJD’s Strategic Plan, and the Workforce Development System Strategic Plan.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
See the following key performance measures in Exhibit 2:
- Diploma or High School Equivalency Rate (JJD-operated Schools)
- Percent Reading at Grade Level at Release
- Industrial Certification Rate in JJD-operated Schools
- Average Math Gain Per Month of Instruction
- Average Reading Gain Per Month of Instruction
- Education and Workforce Cost in TJJD Operated Schools
- Percent Reading at Grade Level at Commitment
- Average Daily Attendance in TJJD-operated Schools
- Number of Industrial Certifications Earned by Juveniles
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
The agency began working with the Texas Workforce Investment Council in the fall of 2002, and TJJD continues to contribute to developing the statewide strategic plan for the Texas Workforce System. For many years, TJJD participated on the TWIC’s System Integrated Technical Advisory Committee (SITAC). In September 2015, the SITAC was disbanded having accomplished its original goals.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
Youth are given the math and reading Test for Adult Basic Education (TABE) tests at the orientation and assessment unit and every six months thereafter. The initial TABE tests are used as diagnostic tools to assess students’ skill levels and aptitudes and to identify students who require academic interventions. The TABE tests given at six-month intervals allow for education staff to monitor the youth’s learning gains.
Each secure facility operates its own school, with principals, teachers, educational specialists, teachers’ aides, ESL services, and special education curriculum. School operates year-round, with youth scheduled to go to class Monday through Friday, excluding holidays, teacher development days, and required statewide testing periods.
Each secure facility has an education reentry liaison. These staff serve as advocates for students and help them apply for financial aid, scholarships, and grants; register with Work in Texas; improve job readiness and college readiness skills; create and education and employment portfolio; and develop a workforce and education reentry plan.
TJJD’s education division has a district Public Education Information Management System (PEIMS) coordinator and PEIMS clerks at each campus to collect and verify TEA-required data about attendance, enrollment (including transfers), special populations, demographics, and academic performance.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
Local school districts provide education to youth in the same age group as youth served through the educational services division at TJJD. Local juvenile justice alternative education programs also serve youth who are involved in the juvenile justice system but who have not been committed to TJJD’s custody. Youth who have been committed to TJJD, but who were placed in contract care placements are served by the educational contractors with those placements, and may be served by the educational services division before or after their placement. Likewise, youth who are placed in a TJJD-operated halfway house are served by local school districts pursuant to Section 25.001, Texas Education Code, and these youth might be served by the educational services division prior to or after their placement at the halfway house.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.
The local school districts only provide educational services to the youth in the halfway houses under Section 25.001, Texas Education Code; they do not provide educational services to the youth in TJJD-operated secure facilities. However, youth might be served by this division prior to their arrival at a halfway house.
Youth who leave a contract care placement may be served by the contract care educational services prior to their reentering their home community, placement, or halfway house.
Coordination efforts are necessary to ensure youth records are shared with the appropriate education provider; however, there is no overlap in services because youth can only be served by one school district or educational entity at a time.
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
The educational services division works with the Texas Education Agency to ensure services are provided to youth in TJJD’s custody. During the COVID-19 pandemic, the TJJD educational services division remained in regular contract with TEA to ensure continuity of educational programming and funding.
This division also coordinates with Blinn College to provide college courses and dual-credit opportunities to youth. New class options are being developed with the goal of increasing the number of students leaving TJJD with college credit.
As a member of the Texas Workforce System, TJJD also coordinates workforce development efforts with the Texas Workforce Investment Council, the Health and Human Services Commission, the Windham School District with TDCJ, The Texas Association of Workforce Boards, the Texas Education Agency, the Texas Veterans Commission, the Texas Workforce Commission, and the Economic Development and Tourism division in the Office of the Governor.
K. If contracted expenditures are made through this program please provide
- a short summary of the general purpose of those contracts overall; The contracted expenditures through this program provide youth the ability to participate in educational services through online curriculum programming; provide youth the ability to test for and obtain their high school equivalency/General Educational Development (GED) diploma; provide youth the ability to obtain college credits while with TJJD; and provide youth the ability to engage in vocational development courses to further their career-readiness; to provide youth with special education monitoring and services such as speech, visual impairment, psychological assessment, sign language, and other interpreting as needed; to provide monitoring and consultation on reading intervention and positive behavior support systems; and to provide library and textbook services for campus libraries.
- the amount of those expenditures in fiscal year 2020; $192,104.56
- the number of contracts accounting for those expenditures; 14
- the method used to procure contracts; These contracts were procured using requests for proposals, interagency contracts, DIR vendors solicited and awarded, and directly awarded contracts without solicitations.
-
top five contracts by dollar amount, including contractor and purpose;
- CON0001000 – maximum contract amount of $84,000 with San Marcos Interpreting Service for the Blind and Visually Impaired for sign language interpreting for special education students.
- CON0000863 - maximum contract amount of $65,000 with APEX Learning Inc. for digital learning platform for youth.
- CON0001019 – maximum contract amount of $45,000 with Navarro College for college courses and textbooks for students.
- CON0001125 – maximum contract amount of $35,100 with Blinn College for college credit and dual credit course opportunities.
- CON0000893 – maximum contract amount of $29,737 with the University of Texas at Austin for the UT Meadows Reading Program Consultation/data analysis.
- the methods used to ensure accountability for funding and performance; and TJJD follows the Texas Comptroller of Public Accounts’ (CPA) Statewide Procurement Division’s (SPD) procurement guidelines as articulated in the State of Texas Procurement and Contract Management Guide. TJJD has also standardized many of its contracting documents and requires review by an attorney of any non-standard language. TJJD has also put in place a requirement that ensures all contract requestors and approvers certify that they do not have a conflict of interest for that matter. Finally, all members of the TJJD Contracts Team have earned the Certified Texas Contract Manager certification by the Texas CPA's office.
- a short description of any current contracting problems. N/A
Sections L-P. N/A
Mental Health Treatment Program
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Mental Health Treatment Services
- Location/Division: State Services, Treatment Programs
- Contact Name: Evan Norton
-
Statutory Citation for Program: Sections 242.0052, 242.051, 242.009, 244.001, and
244.006, Human Resources Code; Section 59.009, Family Code
B. What is the objective of this program or function? Describe the major activities performed under this program.
Mental health care needs are continuing to rise nationwide. It is commonly known that justice involved youth possess some of the highest need for mental health services. Approximately 61 percent of youth in TJJD are classified as possessing a need for mental health services. Mental health need is first assessed and designated at the intake unit, but is regularly monitored and reassessed if needed by the clinical teams at each of the secure facilities. Youth who have been identified with a need for mental health services can be treated at three levels within TJJD. The levels and intervention are as follows:
Moderate mental health need
Youth with these needs are monitored and treated by clinicians at their home facility. They are able to effectively navigate through TJJD programming with the support of a clinician. Youth at this level are often seen to address different mental health needs such as grief, trauma, sleep hygiene, and managing mental health symptoms. Intensity and frequency of treatment is set by the clinical team but the youth are seen for individual counseling minimally twice a month. Youth with these needs are often offered supplemental support groups aimed at increasing effective coping and social prowess. If their needs intensify or they develop a higher need of care a referral to the following programs is completed.
Mental health treatment program
The Mental Health Treatment Program (MHTP) is designed to provide assessment and treatment for youth with primary mental health diagnosis within TJJD. Youth appropriate for the MHTP are those that struggle with mental health symptoms, cognitive and/or developmental delays, and those that have experienced significant trauma that limit their ability to be safe without additional therapeutic interventions. The MHTP is set up in a way to support them to heal and get their needs met in healthy and safe ways. All MHTP staff, case managers, and mental health professionals are provided with specialized training to address the unique needs of this population. Through the combination of individualized interventions, a structured therapeutic milieu, and lower staff to youth ratios, the MHTP aims to provide an environment supportive of both healing and growth. The Mental Health Treatment Program is specifically designed to utilize comprehensive assessments in order to provide diagnostic clarification, guide treatment goals and interventions, and inform transition planning. The MHTP provides youth with their specialized treatment adapting to their unique mental health needs in a safe and therapeutic environment.
Crisis Stabilization Unit
The Crisis Stabilization Unit (CSU) is designed for youth with intensive mental health needs to provide stabilization, assessment, and treatment for youth with primary mental health diagnosis within TJJD. Youth that are appropriate for the Crisis Stabilization Unit are those that cannot be managed in less restrictive environments due to the danger they pose towards themselves and/or others as related to their mental health need. Due to the acuity of their symptoms and mental health needs, it must be determined through a hearing process that they are unable to be safely maintained in less restrictive environment within TJJD. Specialized training is provided to CSU staff, case managers, and mental health professionals. Through the combination of individualized interventions, a self-contained and highly structured therapeutic milieu, and lower staff to youth ratios, the CSU aims to provide an environment supportive of both healing and growth. Upon admission to CSU and throughout their treatment, the youth are provided with enhanced assessments identifying and clarifying particular mental diagnosis and needs to inform treatment and transition planning. Throughout the youth’s treatment on CSU they will be offered medication management services, individual therapy, therapeutic group activities, recreational activities, and educational services all with the support of specially trained staff. For all CSU youth, staff provide daily coaching, co-regulation, modeling of skills, and intensive support. Develop a transition plan for the youth that focuses on what is needed at his/her next placement. The treatment team develops a plan designed to address specialized mental health needs, this plan is designed to facilitate a successful movement to a less restrictive environment, another TJJD facility for continued care, and in other cases it is focused on community reintegration (e.g., halfway house placement or parole). Identification and processing of youth who qualify for discharge from the TJJD due to mental illness (as outlined in GAP.380.8779).
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
Mental Health Treatment for Girls
TOTAL GIRLS RELEASED | HIGH NEED | MODERATE NEED | LOW NEED | ANY NEED |
FY | # | # | % | # | % | # | % | # | % |
2019 | 74 | 10 | 13.5% | 53 | 71.6% | 5 | 6.8% | 68 | 91.9% |
2018 | 64 | 6 | 9.4% | 44 | 68.8% | 8 | 12.5% | 58 | 90.6% |
2017 | 53 | 4 | 7.5% | 37 | 69.8% | 5 | 9.4% | 46 | 86.8% |
2016 | 63 | 2 | 3.2% | 36 | 57.1% | 9 | 14.3% | 47 | 74.6% |
2015 | 60 | 5 | 8.3% | 28 | 46.7% | 13 | 21.7% | 46 | 76.7% |
2014 | 61 | 1 | 1.6% | 41 | 67.2% | 9 | 14.8% | 51 | 86.3% |
Total | 375 | 28 | 7.5% | 239 | 63.7% | 49 | 13.7% | 316 | 84.3% |
Figure C.6 below shows the percentage of girls with high or moderate MHT needs who enrolled in and completed high or moderate MHT. The percent of girls who were assessed as needing high or moderate MHT enrolled in the appropriate level of treatment has increased since FY 2014, reaching 100 percent in two of the most recent three years. The percentage completing treatment varied across years. Among girls released in FY 2019 who did not complete treatment, girls were often enrolled in more than type of mental health program with service lasting a large portion of their residential stay. Because mental health treatment needs are highly individualized and complex in the population of TJJD youth, MHT enrollment may be a better measure of youth progress than completion.
Figure C.6: Enrollment and Completion of High to Moderate Mental Health Treatment for Girls
In Table C.12 below, recidivism rates for girls enrolled in high and moderate MHT are combined across years due to small sample sizes. Rates for both groups combined are similar to the overall rate for girls released from TJJD. However, when separating high and medium treatment
NUMBER OF GIRLS ENROLLED |
ONE-YEAR REARREST RATE |
ONE-YEAR VIOLENT REARREST RATE |
ONE-YEAR REINCARCERATION RATE |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
|
|
Mental Health Treatment for Boys
For boys, the trends in MHT needs were quite different from those for girls. Boys had lower levels of MHT needs overall, though the percentage increased each year until the FY 2019 cohort had the highest rate of any level of need, at 67%. More boys had low MHT needs until the most recent two years when the largest percentage of boys had moderate needs. While the percentage of boys assessed as needing high-intensity MHT is low, it increased each year since FY2016. These results are displayed in Table C.13 below.
TOTAL BOYS RELEASED | HIGH NEED | MODERATE NEED | LOW NEED | ANY NEED |
FY | # | # | % | # | % | # | % | # | % |
2019 | 703 | 45 | 6.4% | 251 | 35.7% | 179 | 25.5% | 475 | 67.6% |
2018 | 739 | 42 | 5.7% | 221 | 29.9% | 168 | 22.7% | 431 | 58.3% |
2017 | 741 | 31 | 4.2% | 161 | 21.7% | 210 | 28.3% | 402 | 54.3% |
2016 | 621 | 25 | 4.0% | 87 | 14.0% | 191 | 30.8% | 303 | 48.8% |
2015 | 622 | 29 | 4.7% | 77 | 12.4% | 192 | 30.9% | 298 | 47.9% |
2014 | 710 | 50 | 7.0% | 93 | 13.1% | 183 | 25.8% | 326 | 45.9% |
Total | 4136 | 222 | 5.4% | 890 | 21.5% | 1123 | 27.2% | 2235 | 54.0% |
Even though a noticeably lower percentage of boys than girls have high or moderate treatment needs, boys did not enroll in high and moderate MHT as frequently as girls did. However, as Figure C.7 below shows, the percentage of boys with high or moderate MHT needs enrolled in high or moderate MHT increased each year since FY 2015, reaching almost 98 percent in FY 2019. The seven boys not enrolled and released in FY 2019 were all considered stable to receive other services in medium restriction settings. More than 60 percent of eligible boys completed MHT in FY 2019. Boys not completing MHT were generally enrolled in other treatment programs and MHT services ended when locations moved. As with girls, MHT completion may not be the best measure of progress for boys.
Figure C.7: Enrollment and Completion of High to Moderate Mental Health Treatment for Boys
Table C.14 shows recidivism rates for boys enrolled in high and moderate MHT. For boys in moderate MHT, recidivism rates for general rearrest and reincarceration are similar to the overall rate for boys released from TJJD. The same is true for violent rearrest boys in high MHT. However, general rearrest rates for boys in high MHT were consistently lower than boys overall, a pattern opposite that of girls.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
TJJD has seen a substantial increase in the number of youth presenting significant mental health needs. Due to the increased acuity of TJJD population, programs have shifted and expanded since their initial inception. The Corsicana State School was the main treatment facility for youth with mental health needs until it’s closure in 2013. The program then moved to the Mart Residential Treatment Center (MRTC) where it remained until March 2020 when it moved to the Giddings State School. The Giddings State School currently has the Mental Health Treatment Program (MHTP) and Crisis Stabilization Unit (CSU) which houses 36 and 8 youth, respectively. This move expanded the bed capacity compared to that of the previous program. Program organizational flow has evolved to incorporate a program director over these specialized units. This position has increased supervision, training capacity, and efficiency within roles. TJJD has increased staff, clinician, and case managers to youth ratios allowing more effective interventions for acute needs.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
Mental Health Treatment Program
All youth transferred to an MHTP undergo a 30-day pre-admission, multi-disciplinary assessment. This assessment clarifies the diagnosis and mental health needs, determines the need for an MHTP admission, and begins the process of identifying modifications that may be needed. The Mental Health Professional (MHP) develops an initial treatment plan that includes goals for addressing immediate mental health concerns, initial diagnostic impressions, and a plan for evaluating whether the youth meets MHTP admission criteria. After a youth is admitted to the MHTP, the treatment plan is updated to reflect the admission diagnoses and ongoing treatment goals, both short- and long-term. The treatment plan also reflects responses to initial interventions. A major area of emphasis is the identification and treatment of target symptoms that are associated with the youth’s mental health needs. Youth in the MHTP may also require additional assessment and consultation by mental health staff because of the nature of their mental health needs. The MHP completes updated psychological assessments as needed to clarify diagnostic and intellectual functioning issues and to assist with referral to follow-up placements.
The MHP develops an initial treatment plan that includes goals for addressing immediate mental health concerns, initial diagnostic impressions, and a plan for evaluating whether the youth meets MHTP admission criteria. After a youth is admitted to the MHTP, the treatment plan is updated to reflect the admission diagnoses and ongoing treatment goals, both short- and long-term. The treatment plan also reflects responses to initial interventions. This plan is developed with the youth and family as appropriate and is updated every 90-calendar days to reflect progress and additional treatment goals. The clinical staffing team directs the assessment and treatment planning process for youth in the MHTP. A major area of emphasis is the identification and treatment of target symptoms that are associated with the youth’s mental health needs. Assessment results are reviewed and shared with the clinical staffing team members. Input and concerns of direct care staff, academic staff, or others are brought for review.
The living environment in an MHTP is critical to successful treatment. Youth with mental health treatment needs are even more dependent on external structure than similarly aged peers. The environment must feel physically and emotionally safe for the youth and for the staff. Youth in the MHTP often respond to high levels of stress, confrontation, or strong displays of emotion with dysregulation or withdrawal. It is especially important for MHTP youth that staff provide an environment for the youth that supports felt safety and connectedness. Direct-care staff are trained to use different strategies to address a variety of different behaviors and mental health needs. A schedule is important to establishing a predictable and safe structure for MHTP youth, and the MHTP operates under a structured, daily schedule. Youth in the MHTP are expected to attend and participate in an academic or workforce development program. Their behavioral and mental health needs are an important consideration in their educational programming. Many MHTP youth qualify for special education services. Requirements established by state and federal regulations and TJJD’s Special Education Operating Guidelines are followed.
Crisis Stabilization Unit
Youth in the CSU often respond to high levels of stress, confrontation, or strong displays of emotion with dysregulation or withdrawal. To assist in minimizing stress associated with uncertainty, an orientation program is designed to provide the youth timely and relevant information in a form they can use. After a youth is admitted to the CSU, the treatment plan is updated to reflect the admission diagnoses and ongoing treatment goals, both short- and long- term. This plan is developed with the youth and family as appropriate and is updated at a minimum every 30-calendar days to reflect progress, additional treatment goals, and CSU extension. The treatment plan is developed in collaboration with the entire treatment team and utilized used to aid the team in working effectively with the youth.
Youth with mental health treatment needs especially those in crisis are even more dependent on external structure than similarly aged peers. The environment must feel physically and emotionally safe for the youth and for the staff. The living environment in the CSU is critical to successful treatment. The environment is designed in a way to promote regulation. There is a calming room available on the pod to allow a safe space to regulate. There is a padded room to help a youth regulate when they are dysregulated. The padded room significantly reduce the amount of visual and auditory stimuli creating a naturally calming effect which creates a felt safety environment. As CSU is a self-contained unit, all of the activities including school and meal times are facilitated on the unit to minimize transitions and over-stimulation. There is an outdoor recreational area connected to the unit to allow for outside time and large muscle activities in a safe and contained space. The environment is frequently assessed by staff to minimize risk to youth. The CSU operates under a structured, daily schedule. Staff facilitate a sense of felt safety by preparing youth for transitions. The schedule in the CSU is created to provide alternating stimulating and regulating activities with incorporate transition times. The schedule may be modified to meet the youth’s evolving needs and individual parallel programs may be developed to meet an individual youth’s needs.
CSU staff receive training and support to implement a variety of evidence-based and trauma- informed interventions to address unhealthy behavior patterns and respond to their needs. These recommended interventions are included in the individualized plans. Staff also teach and model healthy coping skills, communication skills, and symptom management. Staff work collaboratively with the youth to help them identify their own feelings and needs and to communicate those in healthy and appropriate ways.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
||||||||||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
Internal
Moderate mental health youth are seen on all five campuses as well as at the halfway houses. MHTP: there is no other unit within TJJD that provides similar or identical treatment.
CSU: there is no other unit within TJJD that provides similar or identical treatment.
External
Moderate level needs may be provided by the local mental health authority or private practice. MHTP: Residential Treatment Programs in the community provide similar programming.
CSU: The State Hospitals and private inpatient psychiatric hospitals provide similar programming.
The programs listed above all provided similar programming; however, they do not work with adjudicated youth. Community programs are often unwilling to accept mental health youth with aggressive/adjudication backgrounds and do not target both during treatment. At TJJD, we have the capacity to address both mental health and criminogenic risk needs
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.
The youth that come to TJJD are there for delinquent conduct. Our program works to effectively manage risk for recidivism while addressing and treating the youth’s mental health need. Youth with high levels of aggression or criminal offenses are often not accepted into community-based programs.
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
The Mental Health Treatment Program and Crisis Stabilization Unit work closely with Health Human Service Commission, TCOOMMI, YES Waiver and Local Mental Health Authority for youth to receive wrap around services in the community when released on parole. Youth who are identified as having a moderate mental health need are eligible for TCOOMMI resources upon re-entry to the community.
K. If contracted expenditures are made through this program please provide
- a short summary of the general purpose of those contracts overall; While most services are offered in house, the treatment division contracted with entities during FY 20 to provide additional training for suicide assessments for at-risk youth.
- the amount of those expenditures in fiscal year 2020; $40,000.00
- the number of contracts accounting for those expenditures; 2
- the method used to procure contracts; Contracted through bid awarded after a request for proposal was sent issued.
-
top five contracts by dollar amount, including contractor and purpose;
- CON0001120 – maximum contract amount of $30,000.00 with Education Development Center
LLC for curriculum and training on the zero suicide prevention collaborative. - CON0001119 – maximum contract amount of $10,000.00 with CAMS-CARE LLC for training on a therapeutic framework for suicide specific assessment of potential risk.
- CON0001120 – maximum contract amount of $30,000.00 with Education Development Center
- the methods used to ensure accountability for funding and performance; and TJJD follows the Texas Comptroller of Public Accounts’ (CPA) Statewide Procurement Division’s (SPD) procurement guidelines as articulated in the State of Texas Procurement and Contract Management Guide. TJJD has also standardized many of its contracting documents and requires review by an attorney of any non-standard language. TJJD has also put in place a requirement that ensures all contract requestors and approvers certify that they do not have a conflict of interest for that matter. Finally, all members of the TJJD Contracts Team have earned the Certified Texas Contract Manager certification by the Texas CPA's office.
- a short description of any current contracting problems. N/A
L. Provide information on any grants awarded by the program. N/A
M. Are there any barriers or challenges that impede the program’s performance, including any outdated or ineffective state laws? Explain. Most secure facilities, including the Giddings State School, are located in relatively rural areas. This creates a unique challenge in recruiting and retaining qualified treatment providers and mental health professionals. These providers are often able to seek employment in more developed areas closer to their place of residence. TJJD has made efforts to offer competitive pay, career advancement, and benefits to attract clinicians but the geographical locations of facilities often results in treatment staff levels lower than necessary to perform key duties. Treatment staff working within a correctional environment also presents unique challenges with complex cases and safety measures many clinicians find unattractive and are nonexistent in many other clinical settings.
Sections N-P: N/A.
Alcohol or Other Drug Treatment
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Alcohol or Other Drug Treatment Program
- Location/Division: State Services Treatment Programs
- Contact Name: John R. Johnson and Tammy Guerra
-
Statutory Citation for Program: 242.002, 242.051, 244.001 and 244.009, Human
Resources Code; 59.009, Family Code
B. What is the objective of this program or function? Describe the major activities performed under this program.
Texas Juvenile Justice Department Alcohol or Other Drug Treatment Program (AODTP) is based on the philosophy that substance disorder on alcohol and other drugs is a primary, chronic disease, which is progressive, influenced by genetic, environmental, and psychosocial factors. If left untreated, it will become fatal. Substance Use Disorder is characterized by loss of control, poor choices over the use of substance use, preoccupation with substance use, continued use despite negative consequences, and distortions in thinking. Substance Use Disorder is not a symptom of something else, but rather has its own set of pathological and physiological symptoms, and is considered an involuntary disability. Adverse consequences due to the use will cause deterioration in all life areas including spiritual, moral, physical, emotional, intellectual, and social functioning.
The approach to treatment is holistic and focuses on repairing the damage done by this disorder to the youth’s physical well-being and mental health. Part of our philosophy also deals with the external environment beyond the institution. We believe that this disorder is a family disease, which affects everyone in contact with the youth that has this substance use disorder. It is therefore essential that, whenever possible, the family be involved in some form of treatment at the same time the youth is receiving treatment.
Alcohol or Other Drug Treatment programs are offered within secure institutions, at specific locations at each facility dedicated to that purpose of treating the youth with this disorder. The AODTP treats sentenced offenders and non-sentenced offender who meet the criteria for Substance Use Disorder. Treatment occurs within the context of the Texas Model, which has as its major components, of safety and empowering in an environment that includes connecting and correcting. The Alcohol or Other Drug Treatment Program seeks to address not only underlying emotional dynamics that fuel delinquent behaviors, but also addresses the youth’s substance use issues as they relate to his behavior, effects on his family, his victim and his criminal activity. The youth in AODTP must also demonstrate accountability for the prevention and relapse of his/her substance use before he/she is considered for release to a less restrictive setting.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
See Average daily population: Specialized treatment in Exhibit 2.
Alcohol and Other Drug Treatment for Girls
The percent of girls released from TJJD with some level of AODT need ranged from 83 percent to 92 percent over the six-year period. The majority of girls identified for AODT have a high level of need, a percentage that peaked sharply in FY 2016 and has steadily decreased since then. In FY 2019, over two-thirds had a high or moderate need, and the percentage with low AODT was the highest of all years. These results are displayed over time in Table C.5 below.
TOTAL GIRLS RELEASED | HIGH NEED | MODERATE NEED | LOW NEED | ANY NEED |
FY | # | # | % | # | % | # | % | # | % |
2019 | 74 | 30 | 40.5% | 21 | 28.4% | 179 | 16.2% | 63 | 85.1% |
2018 | 64 | 27 | 42.2% | 24 | 37.5% | 168 | 3.3% | 55 | 85.9% |
2017 | 53 | 27 | 50.9% | 18 | 34.0% | 210 | 7.5% | 49 | 92.5% |
2016 | 63 | 41 | 65.1% | 16 | 25.4% | 191 | 1.6% | 58 | 92.1% |
2015 | 60 | 28 | 46.7% | 18 | 30.0% | 192 | 6.7% | 50 | 83.3% |
2014 | 61 | 327 | 44.3% | 21 | 34.4% | 9 | 14.8% | 57 | 93.4% |
Total | 375 | 180 | 48.0% | 118 | 31.5% | 34 | 9.1% | 332 | 88.5% |
As shown in Figure C.3, for all years except FY 2019, every girl with high or moderate AODT need has been enrolled, but the percentage who complete treatment is slightly lower. However, it is important to note that small sample sizes make comparison across years difficult to interpret. Of the five girls not enrolled for FY 2019, four completed the Capital and Serious Violent Offender Treatment Program (CSVOT), and one was discharged early by court order. For FY 2019, all girls who did not complete treatment were enrolled in mental health services and most who were enrolled in AODT were served for over five months.
Figure C.3: Enrollment and Completion of High to Moderate AODT for Girls
Table C.6 below shows the recidivism rates for girls enrolled in high or moderate AODT and released from FY 2014 to FY 2019. High and moderate AODT are combined across years because of small sample sizes but broken out for the entire FY 2014 to FY 2019 span to show the difference between treatment levels. Because nearly 80 percent of girls released between FY 2014 and FY 2019 participated in high or moderate AODT, it is unsurprising that the recidivism rates across all three categories closely mirror the rates for girls generally. Rearrest and violent rearrest rates have increased, while reincarceration rates vary more widely. However, caution should be used in comparing across years due to small sample sizes. When recidivism is broken out by high and moderate treatment enrollment for the six-year span, there is a small difference between the groups, with girls in high-intensity treatment having slightly higher rearrest and reincarceration rates, but slightly lower violent rearrest rate.
NUMBER OF GIRLS ENROLLED |
ONE-YEAR REARREST RATE |
ONE-YEAR VIOLENT REARREST RATE |
ONE-YEAR REINCARCERATION RATE |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
|
|
Alcohol and Other Drug Treatment for Boys
Almost 90 percent of boys released from TJJD in FY 2019 had some level of AODT need. This percentage is slightly above that for girls and has remained nearly constant since FY 2014. In recent years, however, fewer boys than girls have needed high AODT, with only 34 percent of boys released in FY 2019 assessed as high need for AODT, compared to 40 percent of girls. However, more boys than girls were assessed as having moderate AODT needs with 78 percent having high or moderate need compared to 69 percent for girls. Table C.7 below shows the AODT needs of boys over time.
TOTAL BOYS RELEASED | HIGH NEED | MODERATE NEED | LOW NEED | ANY NEED |
FY | # | # | % | # | % | # | % | # | % |
2019 | 703 | 241 | 34.3% | 307 | 43.7% | 78 | 11.1% | 626 | 89.0% |
2018 | 739 | 284 | 38.4% | 305 | 41.3% | 70 | 9.5% | 659 | 89.2% |
2017 | 741 | 321 | 43.3% | 269 | 36.3% | 83 | 11.2% | 673 | 90.8% |
2016 | 621 | 258 | 41.5% | 240 | 38.6% | 64 | 10.3% | 562 | 90.5% |
2015 | 622 | 270 | 43.4% | 234 | 37.6% | 69 | 11.1% | 573 | 92.1% |
2014 | 710 | 277 | 39.0% | 305 | 43.0% | 77 | 10.8% | 659 | 92.8% |
Total | 4136 | 1651 | 39.9% | 1660 | 40.1% | 441 | 10.7% | 3752 | 90.7% |
As shown in Figure C.3, for all years except FY 2019, every girl with high or mo
Access to, and completion of, moderate- and high-intensity AODT also remained quite constant for boys between FY 2014 and FY 2019, with 98 percent to 99 percent of all boys enrolling in high or moderate AODT and 90 percent to 95 percent completing, as shown in Figure C.4 below. As with CSVOT, many of the boys who did not complete successfully for FY 2019 were enrolled in treatment one or more times but failed to complete due to poor behavior, and some released for reasons including age and mental health needs.
Figure C.4: Enrollment and Completion of High to Moderate AODT for Boys
As shown in Table C.8 below, recidivism rates for boys enrolled in AODT vary slightly by level of treatment enrollment. Boys in high AODT have slightly higher general rearrest rates overall. Rearrest rates for boys in AODT, particularly high AODT, are slightly above agency averages. In contrast, reincarceration rates for boys enrolled in high AODT have been lower than boys in moderate AODT and the overall population of boys for the most recent three fiscal years.
NUMBER OF GIRLS ENROLLED |
ONE-YEAR REARREST RATE |
ONE-YEAR VIOLENT REARREST RATE |
ONE-YEAR REINCARCERATION RATE |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
|
|
Mental Health Treatment for Boys
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
The Texas Juvenile Justice Department was legislatively mandated back in the early 1990’s to begin providing treatment for Chemically Dependent (CD) now known as Alcohol or Other Drug Treatment Program to youth committed to the agency. The implementation of services began at three schools offering services where the intent was to provide treatment that was geared towards community based chemical dependency programs. In an effort to staff the program with qualified treatment counselors, the agency funded many staff to pursue their Chemical Dependency Licensure (Licensed Chemical Dependency Counselor).
To satisfy the mandate, the agency began expanding services. As the program grew, the provision of services went from more of a traditional approach to treating chemically dependent youth into the Resocialization© framework, and since moving from Resocialization, to now using the new “Texas Model for Trauma‐Informed Corrections”.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
Alcohol or Other Drug Treatment Programs operate at five state schools at secure locations. All five programs listed below receive grant funding from the Department of State Health Services, Substance Abuse Division. This grant provides enhancements to the staffing patterns and allow for program operational cost. The programs served an average daily population of 55 youth in the fiscal year 2019. The agency received approximately 777 youth during fiscal year 2019. Of these 777 youth 689 were identified as having a diagnosis as substance use disorder. Of those (689) identified 626 were admitted into AOD treatment. Of the 626 admitted, 582 successfully completed the program requirements. The AOD program is designed for the average youth to complete in six to seven months.
All youth are assessed at the Ron Jackson Orientation and Assessment Unit where they are given the Massachusetts Youth Screening Instrument-2 (MAYSI-2). This instrument suggests the severity of the youth’s substance use problem. In tandem with the Texas Model, the AODTP includes an educational component that emphasizes the genetic, environmental, and psychosocial factors that lead to substance use disorder; communication styles; parenting skills; social skills; and conflict management. The youth receive Alcohol or Other Drug Treatment specific group (5 hours per week), individual counseling (1 hour twice a month), and Substance Abuse Education or Relapse Prevention groups or Life Skill training (2 hours per week), and Anger Replacement Training ART (3 hours per week).
Each program has one Lead Substance Abuse Counselor (SACIII) that provides management over the daily treatment activities and they are responsible for maintaining standards and work directly with the clinical director at the facility level. Each program has a counselor for every 10- 12 youth in treatment, supervised by the Lead Substance Abuse Counselor.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
||||||||||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
The Alcohol or Other Drug Treatment programs are structured in accordance with the Department of State Health Services (DSHS) – facility Licensure Rules outlined in the Texas Administrative Code (TAC) 25, chapter §448. These licensure standards are required by all substance use treatment programs operating in the state of Texas. In comparison to other adolescent programs within the state, our programs are designed as Adolescent Supportive Residential Treatment. DSHS has granted a waiver to the Texas Juvenile Justice Department Alcohol or Other Drug Treatment Program to provide 11 hours of treatment services due to the intense requirements of the correctional institution.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.
Within the organization, there are no other programs that duplicate this service. If a youth is identified as having a need for AOD treatment, but did not receive this service for a variety of reasons, they will be connected with a community resource upon release from the institution.
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
Youth released from the institutions are often connected to other programs-services provided through local or regional government; many discharging youths continue to receive service for substance use disorder and/or ancillary services connected with these entities. Specific alcohol or other drug programs and related services that are subsidized by local or federal governmental funding are often utilized to provide continuing care for substance use disorder. In cases where a youth did not receive treatment, they will be referred to a program funded by the above-mentioned entities.
K. If contracted expenditures are made through this program please provide
- a short summary of the general purpose of those contracts overall; While the majority of the specialized treatment is provided by TJJD staff, TJJD contracted with one provider for alcohol and other drug treatment for youth in secure facilities.
- the amount of those expenditures in fiscal year 2020; $28,610
- the number of contracts accounting for those expenditures; 1
- the method used to procure contracts; Direct award
- top five contracts by dollar amount, including contractor and purpose; CON0001108 – maximum contract amount of $28,633.00 with Candace M Kimbrough to provide alcohol and other drug treatment services to TJJD youth.
- the methods used to ensure accountability for funding and performance; and TJJD follows the Texas Comptroller of Public Accounts’ (CPA) Statewide Procurement Division’s (SPD) procurement guidelines as articulated in the State of Texas Procurement and Contract Management Guide. TJJD has also standardized many of its contracting documents and requires review by an attorney of any non-standard language. TJJD has also put in place a requirement that ensures all contract requestors and approvers certify that they do not have a conflict of interest for that matter. Finally, all members of the TJJD Contracts Team have earned the Certified Texas Contract Manager certification by the Texas CPA's office.
- a short description of any current contracting problems. N/A
L. Provide information on any grants awarded by the program. N/A
M. Are there any barriers or challenges that impede the program’s performance, including any outdated or ineffective state laws? Explain.
The Alcohol or Other Drug Treatment programs have a continual challenge working within the confines of a correctional institution. Competing with the many institutional requirements and the length of time the youth must spend in school allows for a very small window to provide treatment. Often the needs of these other service have priority and the treatment program has difficulties finding meeting / group space with the required number of hours. Maintaining standards is often compromised because of the internal demands placed on the youth.
The largest challenge faced by the Texas Juvenile Justice Department in providing Alcohol or Other Drug treatment for the youth is in recruiting and retaining credentialed staff. Hiring and retaining credentialed staff directly impacts the quality of treatment and the stability of the program. The AOD treatment programs operate five AOD treatment programs at five facilities, requiring 22 qualified counselors to work directly with the program. During fiscal year 2019, there was an average staff shortage of three counselors per month. In some of the smaller sized programs this represents half of their needed counseling professionals. Another challenge faced by our Alcohol or Other Drug program is limited space within each facility to provide the treatment services.
N. Provide any additional information needed to gain a preliminary understanding of the program or function.
AOD programs provide treatment services to youth who have a diagnosis of Substance–Related Disorder or those identified has having risk in the area of alcohol or other drugs. Treatment programs are designed to target the specific needs of the youth. The agency offers a full complement of AOD services including: Alcohol or Other Drug Psycho-educational classes (low need); Short-Term Treatment (moderate need) programs; Supportive Residential (high need) programs; Aftercare treatment; and Individual counseling.
Sections O and P: N/A
Capital and Serious Violent Offender Treatment Program Spectrum
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: C&SVOTP Spectrum
- Location/Division: State Services Treatment Programs
- Contact Name: Evan Norton
-
Statutory Citation for Program: 242.002, 242.051, 244.001, 244.009, and 203.018 Human
Resources Code; 59.009, Family Code
B. What is the objective of this program or function? Describe the major activities performed under this program.
The Capital and Serious Violent Offender Treatment Program (C&SVOTP) is a spectrum of services designed to address risk factors specific to violent and aggressive offending. The vast majority of youth who are adjudicated to the Texas Juvenile Justice Department (TJJD) have engaged in offenses that involve aggressive or violent actions, requiring targeted interventions. In an effort to reduce or mitigate this risk they are referred to this spectrum of treatment services during their time with TJJD. At the orientation and assessment unit, youth are evaluated for a variety of programmatic intervention needs including the C&SVOTP. Based on the nature of their committing offense and relevance risk factors a level of intervention is recommended by the intake treatment team. The C&SVOTP is broke into three levels of intervention based on the risk need present. The lowest tier intervention is Aggression Replacement Training, middle tier is Power Source, and the highest intervention Capital Offender Program. A summary of the intervention programs is listed below:
Aggression Replacement Training (ART)
This is a research-based program based on three integrated components.
- Social Skills Training: teaches participants socially appropriate methods of meeting their needs in an effort to replace antisocial behavior.
- Anger Control: teaches coping skills to manage anger and respond in a nonthreatening manner.
- Moral Reasoning: raises the participant’s understandings of justice and concern for the welling being of others.
Trained providers complete this 10-12 week program with youth at all of the secure and medium restriction facilities. Sessions frequently involve coping skill development, role playing and problem-solving training. Upon completion youth receive a certificate.
Power Source (PS)
This is an evidence-based program designed to empower at-risk youth with social and emotional skills to avoid offending behaviors. Power Source places a heavy emphasis on the dignity and worth of each person; using trauma-informed programming, participants are taught mindfulness and resilience skills. Program goals include:
Learn effective strategies for emotional regulation
- Change negative core beliefs about themselves
- Reduce engagement in high-risk behavior, such as interpersonal violence
- Heal for histories of trauma
- Discover alternative coping strategies to substance use
- Develop resilience and acquire the social and emotional skills associated with success in school, the workplace and the world at large
Trained clinicians conduct the PS groups, typically lasting four months with youth in all of the high restriction facilities. Youth receive a certificate upon completion and retain all of their workbooks with relapse prevention planning work included.
Capital Offender Program
The Capital Offender Program or Capital Offender Group (COG) is a Cognitive Behavioral Therapy (CBT) based program developed by TJJD in response to the growing number of family homicides in the state. It has since been expanded to include any act of violence that results in serious bodily injury or death to victim. The program is an intensive treatment program designed to assist youth in understanding the emotional and cognitive contributors to criminal behavior and promote individual responsibility, to foster victim empathy, and to teach youth to interrupt negative behavior cycles to reduce future offending. Program goals are:
- Decrease in feelings of hostility and aggression towards others
- Increase in ability to identify and express emotions appropriately
- Improved ability to describe perspectives and feelings of others, including victims and peers
- Decrease in use of thinking errors to justify delinquent behaviors
- Increase in acceptance of personal accountability for behaviors
Participants first work through Life Story where they process significant life events as a form of trauma resolution and self-worth training. Upon completion of Life Story, the group shifts its focus to Victim Impact where the focus becomes about empathy and sympathy development. The last group phase is Crime Story and Relapse Prevention Planning. In this stage of treatment programming the participant’s process through crime themes and patterns taking responsibility for their attempts at meeting their childhood unmet needs. Clinicians help participants process through and choose alternative prosocial options of getting their needs met. Upon successful completion of Capital Offender Group, the participants often become mentors on campus and enroll in an Alumni Group where they continue to get support from their treatment providers and group peers.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
CSVOT For Girls
TOTAL GIRLS RELEASED | HIGH NEED | MODERATE NEED | LOW NEED | ANY NEED |
FY | # | # | % | # | % | # | % | # | % |
2019 | 74 | 7 | 9.5% | 57 | 77.0% | 2 | 2.7% | 66 | 89.2% |
2018 | 64 | 4 | 6.3% | 50 | 78.1% | 7 | 10.9% | 61 | 95.3% |
2017 | 53 | 1 | 1.9% | 41 | 77.4% | 6 | 11.3% | 48 | 90.6% |
2016 | 63 | 3 | 4.8% | 47 | 74.6% | 7 | 11.1% | 57 | 90.5% |
2015 | 60 | 1 | 1.7% | 37 | 61.7% | 16 | 26.7% | 54 | 90.0% |
2014 | 61 | 3 | 4.9% | 34 | 55.7% | 23 | 37.7% | 60 | 98.4% |
Total | 375 | 19 | 5.1% | 266 | 70.9% | 61 | 16.3% | 346 | 92.3% |
Figure C.1 below shows enrollment and completion rates for girls in high and moderate intensity CSVOT. More than 90 percent of girls with a high or moderate need for CSVOT were enrolled in high or moderate treatment each year, and the majority completed treatment. Girls not completing treatment and released in fiscal year 2019 were either released at the age of majority (19) or by court order at which time TJJD no longer has jurisdiction or, except one, completed another high or moderated treatment program.
Figure C.1: Enrollment and Completion of High to Moderate CSVOT for Girls
Table C.2 shows the recidivism rate for girls enrolled in high or moderate CSVOT before release from a residential facility. High and moderate treatment is combined for girls because only 23 girls total released across all six years participated in high-intensity CSVOT treatment. Caution should be used in comparing recidivism rates across years due to small sample sizes. The re- arrest and violent re-arrest rates increased in the most recent two years consistent with recidivism for all girls released. Re-incarceration rates were more variable ranging from nine to 33 percent across the six years; however, the rate has remained lower than a peak in FY 2015.
TOTAL GIRLS ENROLLED | ONE-YEAR REARREST RATE |
ONE-YEAR VIOLENT REARREST RATE |
ONE-YEAR REINCARCERATION RATE |
FY | # | # | % | # | % | # | % |
2019 | 67 | 24 | 35.8% | 5 | 7.5% | 6 | 9.0% |
2018 | 56 | 16 | 28.6% | 2 | 3.6% | 11 | 19.6% |
2017 | 44 | 18 | 18.2% | 0 | 0.0% | 8 | 18.2% |
2016 | 54 | 11 | 20.4% | 1 | 1.9% | 5 | 9.3% |
2015 | 39 | 10 | 25.6% | 0 | 0.0% | 13 | 33.3% |
2014 | 34 | 6 | 17.6% | 1 | 2.9% | 5 | 14.7% |
Total | 294 | 75 | 25.5% | 9 | 3.1% | 48 | 16.3% |
CSVOT For Boys
Table C.3 below shows the percentage of male youth in each release cohort who had high, moderate, low, and any need for CSVOT. Similar to girls, more than 90 percent of boys released over the six-year period had a need for some level of CSVOT. Although the overall need in the two most recent years is consistent with prior years, the percentage with high need for CSVOT steadily increased since FY 2014 with almost one-fourth of boys released in FY 2019 having a high need for CSVOT.
TOTAL BOYS RELEASED | HIGH NEED | MODERATE NEED | LOW NEED | ANY NEED |
FY | # | # | % | # | % | # | % | # | % |
2019 | 703 | 168 | 23.9% | 384 | 54.6% | 85 | 12.1% | 637 | 90.6% |
2018 | 739 | 128 | 17.3% | 467 | 63.2% | 85 | 11.5% | 680 | 90.2% |
2017 | 741 | 53 | 7.2% | 533 | 71.9% | 92 | 12.4% | 678 | 91.5% |
2016 | 621 | 38 | 6.1% | 397 | 63.9% | 114 | 18.4% | 549 | 88.4% |
2015 | 622 | 30 | 4.8% | 402 | 64.6% | 168 | 27.0% | 600 | 96.5% |
2014 | 710 | 12 | 1.7% | 397 | 55.9% | 271 | 38.2% | 680 | 95.8% |
Total | 4136 | 429 | 10.4% | 2580 | 62.4% | 815 | 19.7% | 3824 | 92.5% |
In Figure C.2, CSVOT enrollment and completion rates are shown for boys with high or moderate CSVOT needs. Since FY 2014, over 98 percent of all boys with moderate or high need for CSVOT have been enrolled. Correspondingly, over 90 percent of all boys with high or moderate CSVOT needs have completed high or moderate CSVOT. Male youth with high or moderate CSVOT needs released in FY 2019 who did not complete treatment were generally enrolled in the program one or more times and removed each time due to program failure or other reason.
Figure C.2: Enrollment and Completion of High to Moderate CSVOT for Boys
Table C.4 shows the recidivism rates of boys who were enrolled in high and moderate CSVOT, separated by treatment level, across years. Across all six years, the youth who were enrolled in high-intensity CSVOT had lower rates for one-year re-arrest and re-incarceration than the overall male population. Although small sample sizes make it difficult to interpret changes across years, the rates for boys in high-intensity CSVOT remained lower than FY 2017 for all measures.
NUMBER OF BOYS ENROLLED BY TREATMENT LEVEL |
ONE-YEAR REARREST RATE |
ONE-YEAR VIOLENT REARREST RATE |
ONE-YEAR REINCARCERATION RATE |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
|
|
See Average Daily Population: Specialized Treatment in Exhibit 2.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
The C&SVOTP purpose has largely remained the same as its primary function is to address risk factors related to violent or aggressive offending. However, as the agency has implemented the Texas Model for Corrections, the C&SVOTP has evolved to incorporate trauma informed practices at every level of the intervention spectrum. Trained providers and clinicians have received extensive training on trauma informed practices and meeting the physiological and emotional needs of the participants. If a youth struggles to progress through the treatment programming, the treatment team individualizes the interventions to the need of the child. Using therapeutic interventions including but not limited to those in the Texas Model, Neurosequential model of therapeutics, and dialectical behavioral therapy, the team aims to address each youth’s needs and unique risk factors.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
Treatment need is determined at the Ron Jackson Orientation and Intake unit. Upon assignment to a long-term campus the youth are enrolled in specialized treatment prior to their minimum length of stay. Treatment services are provided in the frequency described in the table below:
Treatment providers meet with the youth before or after educational services multiple times a week in designated group rooms. Services are predominately offered in group settings with individual counseling session included as needed or part of an individualized plan. As youth complete their specialized treatment needs they become eligible for step down to a halfway house or parole.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
Treatment Program | Sessions | Treatment Duration |
Capital Offender Program | 48-72 | 6-9 months |
Power Source | 16-24 | 3-4 months |
Aggression Replacement Training | 10-12 | 3 months |
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
Internally TJJD Case management services provide supplemental services that occur concurrently to C&SVOTP programming. These services are supportive and generalized to risk reduction work while the C&SVOTP target specific risk factors that require more intensive clinical intervention.
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
Externally, a few counties across the state have attempted to facilitate programming aimed at addressing risk for violent or aggressive behavior. These programs often struggle to provide intervention appropriate for the level of need often found in TJJD youth. The Texas Department of Criminal Justice has a Youthful Offender Program that provides specialized risk intervention programming for youth of similar age to those adjudicated to TJJD. However, this program often does not allow the opportunity for parole and community reintegration upon completion of programming. A number of youth within this program transfer to adult facilities once they reach a certain age.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.
TJJD has the capacity to treat and manage youth with significant risk to the community. Youth adjudicated to TJJD often require this level of intervention due to unsuccessful attempts at managing them in less restrictive settings. The C&SVOTP makes an effort to mitigate and reduce risk that often cannot be treated in other settings. While all of TJJD programming aims to reduce risk, the interventions of the C&SVOTP spectrum specifically address risk present in violent and/or aggression offending.
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
TJJD Treatment leadership partner and collaborate with county courts frequently. We provide education and information during adjudication and transfer hearings. Treatment Program leadership staff challenging cases with county partners to assist in treatment and intervention planning. Providing information about TJJD’s programming and services have helped to reduce the number of adolescents in the adult correction system.
K. If contracted expenditures are made through this program please provide
- a short summary of the general purpose of those contracts overall; N/A
- the amount of those expenditures in fiscal year 2020; N/A
- the number of contracts accounting for those expenditures; N/A
- the method used to procure contracts; N/A
- top five contracts by dollar amount, including contractor and purpose; N/A
- the methods used to ensure accountability for funding and performance; and N/A
- a short description of any current contracting problems. N/A
L. Provide information on any grants awarded by the program.None.
M. Are there any barriers or challenges that impede the program’s performance, including any outdated or ineffective state laws? Explain.
Most secure facilities are located in relatively rural areas. This creates a unique challenge in recruiting and retaining qualified treatment providers and mental health professionals. These providers are often able to seek employment in more developed areas closer to their place of residence. TJJD has made efforts to offer competitive pay, career advancement and benefits to attract clinicians but the geographical locations of facilities often leave treatment staff levels lower than necessary to perform key duties. Treatment staff working within a correctional environment also presents unique challenges with complex cases and safety measures many clinicians find unattractive and are nonexistent in many other clinical settings.
N. Provide any additional information needed to gain a preliminary understanding of the program or function.
There appears to be a growing need for C&SVOTP, especially the higher intensity intervention programs. The number of youth adjudicated to TJJD for capital level offenses has seen a large increase over the past few years. As a result, TJJD has had to expand the C&SVOTP to meet the needs of the youth.
Sections O and P: N/A
Sexual Behavior Treatment Program
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Sexual Behavior Treatment Program
- Location/Division: Primarily located at Gainesville State School. Individualized treatment interventions can occur at all secure facilities.
- Contact Name: xxxxx
- Statutory Citation for Program: 242.002, 242.051, 244.001 and 244.009, Human Resources Code; 62.352, Code of Criminal Procedure; 59.009, Family Code
B. What is the objective of this program or function? Describe the major activities performed under this program.
The Sexual Behavior Treatment Programs are designed to help youth within TJJD identified as having sexual behavior treatment needs to stop victimizing others and to learn and implement skills leading to a safe re-entry to the community. Community safety and victim protection are critical aspects of all services provided to the youth.
Youth are assigned levels of needs of low, moderate, or high based off of their offense, risk factors, and assessments. The low needs are typically provided through psycho education and team intervention and processing. Moderate and high needs are provided a more intensive and structured program that must be facilitated by an ASOTP or an LSOTP. In the moderate and high program, youth are provided with a variety of therapeutic interventions that address their offense, personal trauma, empathy building, boundaries, relapse prevention, and the development of new skills. Treatment is facilitated utilizing curriculum that has been approved by the agency and adapted to meet the youth’s responsivity needs. JCOs, case managers, mental health professional, and licensed sex offender therapists collaborate with the youth and family about the youth’s treatment and safety planning.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
Sexual Behavior Treatment for All Youth
The number of girls released from TJJD with high or moderate SBT needs was very low—only two in FY 2019 and never more than five per year since FY 2014. As a result,
both Table C.9 and Figure C.5 below show results for girls and boys combined. As shown in Table C.9 below, the number of youth with any level of SBT need increased consistently between FY 2014 and FY 2019, nearly tripling, from 20 percent to 55 percent. However, it is important to note that this increase was driven almost exclusively by low-need youth. In FY 2019, 41 percent of youth released from TJJD had low SBT needs, including 46 percent of girls (not shown). Between FY 2014 and FY 2019, the number of youth with high and moderate needs for SBT remained constant around 15 percent, with 10 percent high need and 4 percent moderate need, on average. As noted, the vast majority of youth with high and moderate SBT need were boys.
TOTAL YOUTH RELEASED | HIGH NEED | MODERATE NEED | LOW NEED | ANY NEED |
FY | # | # | % | # | % | # | % | # | % |
2019 | 777 | 73 | 9.4% | 39 | 5.0% | 318 | 40.9% | 430 | 55.3% |
2018 | 803 | 101 | 12.6% | 26 | 3.2% | 230 | 28.6% | 357 | 44.5% |
2017 | 794 | 87 | 11.0% | 32 | 4.0% | 178 | 22.4% | 297 | 37.4% |
2016 | 684 | 76 | 11.1% | 25 | 3.7% | 68 | 9.9% | 169 | 24.7% |
2015 | 71 | 71 | 10.4% | 34 | 5.0% | 55 | 8.1% | 160 | 24.7% |
2014 | 64 | 64 | 8.3% | 45 | 5.8% | 47 | 6.1% | 156 | 23.5% |
Total | 4511 | 472 | 10.5% | 201 | 4.5% | 896 | 19.9% | 1569 | 92.3% |
As Figure C.5 shows, since FY 2014, only three youth with high or moderate SBT needs were not enrolled in high or moderate SBT, and every youth released in fiscal years 2017-2019 was enrolled. Completion rates have increased consistently since FY 2014 and were quite high by FY 2019, with 95 percent of youth completing high or moderate SBT. Of the six youth who were released in FY 2019 without completing treatment, all were enrolled and discharged prior to program completion at least once. Four were released at the age of majority (19) at which time TJJD no longer has jurisdiction over youth; two if these were released to adult parole. One youth was released prior to age 19 by court order. One youth completed treatment at the county level prior to admission, was enrolled at TJJD and released to parole without completing due to low IQ, and completed aftercare treatment on parole.
Figure C.5: Enrollment and Completion of High to Moderate SBT
As shown in Table C.10 below, recidivism rates for youth (almost all boys) enrolled in high or moderate SBT were lower than the rates for boys released from TJJD generally, by a factor of almost half across all three measures of recidivism for high SBT. Youth in high SBT have consistently lower rearrest rates than youth in moderate SBT, while reincarceration rates varied across years.
NUMBER OF YOUTH ENROLLED BY TREATMENT LEVEL |
ONE-YEAR REARREST RATE |
ONE-YEAR VIOLENT REARREST RATE |
ONE-YEAR REINCARCERATION RATE |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
|
|
See Average Daily Population: Specialized Treatment in Exhibit 2.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
Previously the TJJD Sexual Behavior Treatment Program was delivered primarily at three of the secure facilities: Giddings State School, McClennan County State Juvenile Correctional Facility, and the Gainesville State School. During 2020, the residential (dorm-based) SBTP programming was moved entirely to Gainesville State School. This transition was done in an effort to consolidate specialized resources such as licensed sex offender therapists and experienced staff. Youth that have needs more appropriately met in programs at other secure facilities such as the young offender program, mental health treatment program, or girl’s facility may receive individualized SBTP interventions.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
The Sexual Behavior Treatment Program at the Gainesville State School provides services to approximately fifty students housed in four dormitories. The program functions within the Psychology Department and is managed by a doctoral-level licensed psychologist dually licensed as a Licensed Sex Offender Treatment Provider (LSOTP). A licensed clinical social worker provides clinical supervision to five dually-licensed treatment providers who provide individual, group and family counseling. Presently, one of the five direct service treatment providers is an LPC-s also licensed as an LSOTP; another treatment provider is an LCSW.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||||||||||||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
There are private agencies in the community, such as Pegasus Schools, and some counties that provide similar treatment services. We contract with some of these facilities to provide care that meet their age requirements, gender specifications, and are receptive to treatment. Typically, private agencies and county programs that provide similar sexual behavior treatment do not have the capacity or the specialized training to address youth that are aggressive, oppositional, low intellectual functioning, complex mental health issues, or are treatment resistant.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.
As youth are identified to be within the requirements of specific outside programs, TJJD coordinates the placement of these youth within budgetary restraints to contract providers.
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
The program does work with local probation, juvenile detention, and parole offices in an effort to provide continuity of care and appropriate safety planning with you in sexual behavioral treatment programs.
K. If contracted expenditures are made through this program please provide
- a short summary of the general purpose of those contracts overall; TJJD periodically contracts with licensed sex offender treatment providers to augment the in- house services by the mental health staff. These providers offer individualized services to assigned youth whose needs are best met in another setting aside from the TJJD sexual behavior treatment residential program.
- the amount of those expenditures in fiscal year 2020; $1,269.90
- the number of contracts accounting for those expenditures; 1
- the method used to procure contracts; Directly awarded without solicitation.
-
top five contracts by dollar amount, including contractor and purpose; CON0001135 – maximum contract amount of $7,205.00 with Linda Mitchell to provide sexual
offender treatment. - the methods used to ensure accountability for funding and performance; and TJJD follows the Texas Comptroller of Public Accounts’ (CPA) Statewide Procurement Division’s (SPD) procurement guidelines as articulated in the State of Texas Procurement and Contract Management Guide. TJJD has also standardized many of its contracting documents and requires review by an attorney of any non-standard language. TJJD has also put in place a requirement that ensures all contract requestors and approvers certify that they do not have a conflict of interest for that matter. Finally, all members of the TJJD Contracts Team have earned the Certified Texas Contract Manager certification by the Texas CPA's office.
- a short description of any current contracting problems. N/A
L. Provide information on any grants awarded by the program. N/A
M. Are there any barriers or challenges that impede the program’s performance, including any outdated or ineffective state laws? Explain.
The Texas JSORAI-2 is a sex offender risk assessment required, by statute, for students whose charges include sex offenses who are seventeen or younger years old. The instrument was developed to be used with Juvenile sex offenders and provide an option of having a risk level lower than ‘Moderate’ as is the case with the STATIC-99R. However, there is no known reliability or validity associated with this instrument; after legislation is changed, another more credible risk assessment should be identified and used instead.
N. Provide any additional information needed to gain a preliminary understanding of the program or function.
Most of the students who have entered the Texas Juvenile Justice Department Sexual Behavior Treatment Program have previously had less restrictive interventions where they were unsuccessful. The program requires the safety of the high restriction facilities and the therapeutic care of the Texas Model to meet the very complex needs of the youth and provide them adequate treatment for their safety and the safety of the community.
Sections O and P: N/A
Intervention Services
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Intervention Services
- Location/Division: Statewide
- Contact Name: Debbie Whitlock
-
Statutory Citation for Program: Sections 244.002, 244.005, and 244.006, Texas Human
Resources Code.
B. What is the objective of this program or function? Describe the major activities performed under this program.
Utilizing one of the most widely used models for assessment and case management of justice- involved youth is the Risk-Need-Responsivity (RNR) framework Based on a substantial body of research conducted over the past 25 years, the TJJD Intervention Services framework outlines a systematic, evidence-based approach for evaluating an individual’s risk of future offending and identifying the specific factors (criminogenic needs) that must be addressed to reduce risk, while paying heed to treatment modality (general responsivity) as well as individual characteristics such as cognitive ability, learning style, and motivation that may impact the effectiveness of interventions (specific responsivity).
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function?
In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
Historically, the agency’s Case Management functions were nested within the State Facilities Operations Division and were further divided between separate managers who oversaw specific facilities with limited program staff to effectively facilitate a large and critical direct service function. In addition, case managers were required to deliver the specialized treatment modalities for numerous populations. This approach lacked the benefit of statewide administration and diminished the ability to implement the evidence-based components known to be effective in reducing recidivism and improving outcomes.
Currently, the Case Management functions have been reorganized to their own division with a title of Intervention Services to accurately reflect the focus of providing each youth in our care individualized, effective, evidence-based interventions by qualified case managers. The Intervention Services team uses a statewide administration, shifted the specialized treatment delivery to the Integrated Treatment Division and created a career ladder better reflect the needed skills of case managers.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
In direct service to the youth in our secure facilities, the Intervention Services Division is charged with helping youth to increase their chances of success, decreasing their chance of continued delinquent behavior, and improving community safety. In developing and refining the Texas Model, we use science and evidence to find ways to reach the youth in our care.
A central goal of Intervention Services is correcting behavior. In determining the methods to be used in the model, correcting behavior is at their core. We must also seek to understand the youth in our care and what approaches are most likely to reach them. Only this way, can we hope to help them to better understand themselves and support them in correcting behavior that is not socially appropriate or dangerous to the community. In the administration of our program we adhere to the following core principles and practices.
- Evidence-Based Practices. Evidence-based practices (EBP) are practices and approaches that have been empirically shown to improve offender outcomes and reduce recidivism through an emphasis on meta-analysis research, control of confounding variables through random assignment, and cross-site replication of results. We are currently utilizing evidence-based interventions such as Dialectical behavior skills, Carey Guides, and Brief Intervention Tools.
- “What Works” Principles. The “What Works” principles are a set of evidence-based practices for reducing recidivism when working with delinquent youth. The “What Works” principles were developed based on more than thirty years of research, which suggested that programs and services had a higher success of reducing offender recidivism if four basic principles were implemented. These four principles are: Risk, Need, Responsivity, and Program Integrity, and they are often collectively referred to as the “What Works” principles of effective intervention.
- Risk Principle. Interventions and services focus on moderate and high-risk offenders and provide little intervention to low risk offenders. The intensity of services provided match the youth’s risk to reoffend level, with the most intense services tailored to the youth with the highest risk to reoffend. Research shows that delivering high intensity services to low risk youth has the unintended consequence of increasing recidivism. Additionally, low risk youth should not be mixed with higher risk youth as it can result in peer contagion with low risk youth learning negative behaviors from higher risk youth.
- Need Principle. The services provided target criminogenic needs, which are dynamic, changeable factors most directly associated with delinquent behavior. Some examples of criminogenic needs are: pro-criminal peers, antisocial attitudes, substance abuse, and educational problems. Programs that reduce criminogenic needs are more likely to reduce recidivism.
- Responsivity Principle. The services provided and the worker’s style match the learning style of the youth. Additionally, intervention varies according to the relevant characteristics of youth such as gender, culture, developmental stages, comprehension and reading levels, mental health diagnosis, motivation, etc.
- Program Integrity Principle. Programs are monitored for implementation quality and intervention fidelity to ensure programs are delivered as designed and intended. This is necessary in order to maximize program success and recidivism reduction. Services employ evidence-based intervention approaches such as cognitive behavioral and dialectical behavior therapy theoretical foundations and reinforcement of pro-social behaviors. The programs are also be structured and focused on developing skills.
Intervention Services Organizational Chart
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
The Integrated Treatment Division of TJJD also utilizes the Risk, Need, Responsivity Model in their therapeutic approaches. In doing so, they provide therapeutic services to youth in our care while the Intervention Services Division focuses on intervention strategies and behavior skill acquisition.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.
The Integrated Treatment Division utilizes the Risk, Need, Responsivity Model in conjunction with Intervention Services and Treatment Services in order to ensure that therapeutic approaches are targeted to youth individually. This supplements Intervention Services to ensure a holistic approach rather than being a duplication of effort or in conflict.
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency. N/A
K. If contracted expenditures are made through this program please provide
- a short summary of the general purpose of those contracts overall; N/A
- the amount of those expenditures in fiscal year 2020; N/A
- the number of contracts accounting for those expenditures; N/A
- the method used to procure contracts; N/A
- top five contracts by dollar amount, including contractor and purpose; N/A
- the methods used to ensure accountability for funding and performance; and N/A
- a short description of any current contracting problems. N/A
L. Provide information on any grants awarded by the program. N/A
Texas Model of Intervention
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Texas Model of Intervention
- Location/Division: Statewide
- Contact Name: Thomas Adamski
-
Statutory Citation for Program:
- Sections 242.002, 242.051, and 244.006, Texas Human Resources Code.
- Section 59.009, Texas Family Code
B. What is the objective of this program or function? Describe the major activities performed under this program.
The Texas Model is the way in which our agency conducts its business with youth, staff, families, and other stakeholders. The Texas Model is a comprehensive trauma informed correctional process which helps staff understand how trauma impacts the brain of our youth and helps youth develop regulation skills through: connection, engagement, purposeful dysregulation/regulation activities, giving youth a voice, empowerment, “softening” of the correctional environment, and the skills needed to help them regulate and become self- regulating.
The Texas Model uses the principles of Trust-Based Relational Intervention (TBRI®) and other trauma informed practices to help youth develop, grow, and learn to self-regulate. A bedrock of the Texas Model is Connection. The Texas Model uses staff led youth activities to help develop connection, build trust and empower youth. We use the IDEAL Response Levels of Engagement to help staff and youth navigate dysregulated behaviors working from the lowest level of interventions to the most restrictive, in progressive steps, if necessary.
The Texas Model incorporates youth art projects, music, sensory activities and other activities to help youth develop and grow. We use Nurture Groups to help youth: use their voice, give and receive care, role play difficult situations, engage in activities, and learn how to regulate themselves when they become dysregulated. The Texas Model relies upon connection and appropriate relationships versus compliance.
The agency uses our Texas Model Champions staff and TBRI® Practitioners to help coach staff and infuse the Texas Model into dorm, facility, and the agency’s culture.
Texas Model Champions Certification
The purpose of the Texas Model Champion Certification program is to provide staff with personalized in-depth training conducted by facility Texas Model Mentors, and Team Leaders in order to help those staff develop skill sets and become the embodiment of “The Texas Model”. In turn, Champions carry the mantle of the Texas Model by role modeling and helping develop other staff members in the Model’s principles and skill sets.
The Champion Certification process provides a structured manner to review and train on the following eight essential functions: Connecting Principles, Empowering Principles, Correcting Principles, Engagement Strategies, Playful Engagement, Structured Engagement, Calming Engagement, and Protective Engagement. It also provides a systematic method to review skills, train on them, and demonstrate those skills by staff to the Texas Model Coach or Team Leader.
The culmination of training includes a Texas Model Champion Certification process using a performance-oriented checklist of demonstrated skill sets for each of the eight essential function areas. It provides staff the opportunity to demonstrate, be coached, receive feedback, and be supported, while developing these crucial skill sets. Once the staff has satisfactorily completed the certification process, they are a Texas Model Champion.
Our current emphasis is developing Texas Model Champions lies in certifying Dorm Team Leaders (Priority 1), then Senior JCOs (Priority 2) and then JCOs (Priority 3) across all five facilities.
The Texas Model Certification process is intended to become a Train-the-Trainer program, eventually reaching all coaching staff agency-wide.
Texas Model Camps
Texas Model Camps will be conducted at all five secure facilities during the summer of 2021. These camps are intended to be both educational and enjoyable and encourage youth and staff to engage in a myriad of activities. These “fun” staff led youth activities are to provide youth with a fun “camp like” experience while reinforcing their ability to engage in activities, dysregulate and then self-regulate. They also develop teamwork between youth and staff.
The camps are structure in a round robin fashion with multiple activity stations, youth and their supervising staff rotate through the stations as the day progresses. Both youth and their supervising staff engage in activities together. Each facility is working independently to tailor their camp to their specific youth population. Each facilities Recreation Department and Texas Model Mentor is working with the Texas Model Development Team to conduct their respective camp.
The following dates are indicated below for each facilities camp dates:
- Mart 7/28/2021
- Ron Jackson 7/19 & 20/2021
- Giddings 7/26 & 27/2021
- Evins 7/27/2021
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
The Texas Model of Intervention is an overarching concept that encapsulates parts of many programs including treatment, parole, reentry, state services, and others. See Exhibit 2.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
Texas Model History/Timeline: 2018-2021
In February 2018, TJJD Executive Director, Ms. Camille Cain, tasked several executive staff members to begin the initial planning and preparation for a pilot program for an Agency Model trauma-informed practices. Her intent was to identify and develop a framework to serve as the framework for a trauma informed system for the state’s juvenile program. Ms. Cain directed that the pilot program occur at two separate facilities initially, and that the process be “exportable” to all other facilities within the agency. This Model was designated “The Texas Model”.
- March 2018: Texas Model dorm pilot planning began (2 pilot dorms: 1 at Ron Jackson in Brownwood, TX, and 1 at Mart, TX)
- March-July 2018: Texas Model pilot dorm planning, infrastructure modifications, staffing model development, and environmental softening initiatives conducted at Mart and Ron Jackson facilities.
- May 2018: Key Agency Leadership Trained at a 2 Day TBRI® Training in Houston, Texas (Approximately 16 staff).
- September 2018: Facility-wide Trainings at Ron Jackson and Mart (2 X 8 Hour sessions each Darren Jones/Henry Milton KPICD) Approximately 200 staff trained at each facility.
- September 2018: Key staff members assigned to Texas Model pilot dorms and youth cohorts Identified (ACES score of 2 plus)
- September 2018: First cohort of TJJD staff attend TBRI® Practitioner Training (16 total staff)
- September-October 2018: Texas Model pilot dorms conducted internal trainings in the following areas: schedule, regulation, activities, hydration/nutrition, Nurture Group®, and the IDEAL Response®.
- October 2018: Texas Model workshops held at Mart and RJ. Workshops facilitated by Ms. Cain and Ms. Carter. Workshops included Texas Model dorm staff and youth.
- November 2018: Ms. Marti Smith, Occupational Therapist and TBRI® Practitioner visits the Ron Jackson facility and Mart Facility. Trained approximately 100 staff and conducted site visits with recommendations.
- November-December 2018: Texas Model pilot dorms come up on line. (Youth admission rates of 2-4 youth per week were allowed to help manage dorm cultures)
- January 2019: The “Champion Team” formed, whose purpose was to involve Executive Level staff direct access to supporting facility efforts in implementation, by Executive Director Camille Cain to begin the task of agency-wide planning and implementation of the Texas Model. The Texas Model Implementation Team formed to assist in facility leadership and staff in their implementation of the Texas Model.
- March/April 2019: 2nd cohort of TBRI® practitioners attended training. Approximately 16 staff. This cohort included Facility Leadership, various agency directors, and other key leaders from throughout the agency.
- April 2019: Data assessment conducted of The Texas Model dorms and their incident rates and overall environments.
- April-June 2019: The Texas Model Team developed the Agency’s Implementation Plan, Texas Model Dorm Criteria Compliance Checklist, multiple training and instructional packages for staff, and the method by which the agency would measure its compliance overall with a certification process. Version 1.0.
- May 2019: Focus Groups held by Executive Director Camille Cain and Deputy Executive Director Shandra Carter at Mart. Youth anecdotal comments clearly chose the Texas Model dorm’s overall culture over other dorms on campus.
- June 2019: Facility Implementation Plans finalized and approved.
- July 2019: The Texas Model Team added 2 new staff, both TBRI® Practitioners, to assist in staff training and agency implementation of The Texas Model.
- July 2019: Isolation (Security Units) re-designated as Regulation and Safety Teams/Units. Action taken to provide assistance in regulating youth versus removing them from a housing unit or programming.
- July/Mid-August 2019: Facility-wide staff training occurring on the Texas Model (TM 101 Overview, TM 102 IDEAL Response, TM 103 Nurture Group, and TM 201 Brain/Trauma). Texas Model Lesson slides with handouts retained. Approximately 600 total facility staff trained during this period.
- Late July-August 2019: All dorms on all high restriction facilities began to serve youth with The Texas Model.
- August 19-30, 2019: Texas Model Dorm Certifications conducted at all agency facilities by the Texas Mosel Team and key facility staff.
- August 31, 2019: 70 percent Agency Goal. (499 youth served/796 youth assigned): 63 percent of all assigned youth in high restriction facilities served by The Texas Model on August 31, 2019.
- September/October 2019: 3rd Cohort of TBRI® practitioners trained. Approximately 16 staff.
- September 2019: Developed and distributed to all agency personnel a TBRI® Practitioner application. Application sent by Executive Director Cain. Texas Model Team retains all applications submitted in a centralized repository.
- September-November 2019: Academic school building added a functional MAPS area in all school buildings to allow youth to regulate within the school and return to academic programming.
- October 2019-January 2020: Multiple Agency Texas Model training occurred for agency staff at Central Office Headquarters. Trainings conducted as various Division/Department Chairs asked for specific training sessions. All training sessions conducted by a TBRI® Practitioner Texas Model Team member.
- October-February 2019: Facility Mentorship Collaboration initiative launched with all facilities, key staff, and Ms. Sarah Mercado from KPICD at TCU. Initial meeting held via TEAMS Conference in February 2020.
- November 2019- Agency TBRI® Practitioner training seats allocated for FY/CY 2020. 4 iterations at 10 seats per class. 40 total training seats.
- November-January 2020: Ms. Marti Smith, Consultant, Occupational Therapist, and TBRI® Practitioner conducted staff training and a site visit at the Giddings Facility in November 2019. She then later conducted training for staff at the agency Headquarters in Austin Texas in January 2020. 85 staff were trained in Trauma Informed Care systems.
- December-March 2020: TBRI® 101 self-paced, computer based-learning program made available to select staff. The first iteration included training approximately 100 TJJD staff in the tenants of TBRI® and trauma informed care practices. Each group had a designated facilitator (TBRI® practitioner), to provide additional resources to assist in completing their respective program.
- December 2019- Consultation visit from Dr. Henry Schmidt from the University of Washington. Provided great insight into program successes, measurement, metrics, and a measurement tool. Based upon previous work with Washington State Juvenile authorities and the implementation of Cognitive Behavioral Therapy (CBT).
- December 2019: The Texas Model Dorm Assessment (v2.0) and the Texas Model Staff Proficiency Assessment, were developed in draft form and circulated for input and comments. Both forms highlighted specific Texas Model Proficiency indicators, examples, antithetical behaviors, and scoring guidelines.
- December 2019: v2.0 of the Texas Model Dorm Assessment checklist tested at the Evins Facility on two dorms. Results compared to dorm results from the previous assessment tool. (Moving away from a Go, No-go status to a numeric value that can be monitored by proficiency area to review improvement)
- January-March 2020: Facility Mentor/Coach initiative undertaken to hire one dedicated TBRI® Practitioner staff per facility. These staff report directly to the facility Superintendent with a dotted line to the Associate Director of the Texas Model (Troy McPeak). All Mentor Coaches hired by March 1, 2020. Mentors will help drive the Texas Model Champion program at facilities.
- February 2020: Approved Agency Goals and tasks provided to all Champion Team members. Team members developed and implemented assigned tasks.
- February-April 2020: Collaboration between KPICD and TJJD allowed for a Facility Mentor from KPICD to be “paired up” with each facility. Initial introductions and site visits underway.
- March-April 2020: TBRI® Practitioner staff training scheduled for Orange County California and Fort Worth Texas both canceled due to Covid-19. 20 scheduled staff training seats lost.
- May-July 2020: Texas Model Staff Certification initiative underway. Texas Model Team members working with Facility Texas Model Coaches and key leadership to conduct a baseline staff competency assessment. These results will allow for a more focused and individualized training plan at the Dorm/ Team level as we move forward.
- August 2020- February 2021: Coordinated with TCU’s KPICD to conduct an on-line version of TBRI® Practitioner Training for Texas Juvenile Justice Department and Texas County Probation staff.
- October 2020- February 2021: The Texas Model Team collaborated with TCU’s KPICD to develop role-play videos for use in the online TBRI® Practitioner's training.
- March 1-12, 2021: Collaborated with TCU’s KPICD and participated in the Texas Juvenile Justice TBRI® Practitioner Training. This training event qualified approximately 150 Texas state and county juvenile justice staff as TBRI® Practitioners.
- March-April 2021: Developed Texas Model informational PSA (Public Service Announcement) videos focusing on information to families of TJJD youth and other stakeholders.
- March-June 2021: Texas Model Team in partnership with State Facility Leadership began planning for Texas Model Camps at all facilities and Halfway Houses during the summer of 2021.
- March-June 2021: Texas Model Team in collaboration with Treatment Services began the initial infusion of DBT (Dialectical Behavior Therapy) into the conduct of Nurture Groups.
- April-June 2021: Texas Model Team in partnership with State facility leadership initiate The Back-to-Basics campaign. This campaign re-refocused all agency staff on fundamental concepts of the Texas Model.
- April-June 2021: Texas Model Team in partnership with State Facility leadership refocused on training and developing facility staff in the concepts “Staff Led Activity” to help staff engage better with youth and build enhanced levels of trust.
- April-July 2021: Texas Model Team in partnership with State Facility leadership refocused the efforts of the Texas Model Champion program to help enhance and streamline the Champion process. In addition, infuse other Champions and TBRI® Practitioners into the Champion development process.
- July 2021: Conducted Texas Model Camps at all State Facilities.
- August 2021- Conduct Texas Model Camps at all Halfway Houses.
- August 2021- Trauma Informed Camp initiative undertaken in partnership with facilities, Director of Secure Facility Operations, and the KPICD team.
- August 2021- Director of Texas Model Leadership Development identified.
Texas Model Implementation/Sustainment Strategies
- Agency Leadership must role model the importance of this task. Implementation of the Texas Model must be everyone’s priority.
- Initiate steps to enhance staff connection and engagement with youth – before training begins on dorms and Teams.
- Adjust staffing models to afford direct care staff the ability to interact, connect, and engage with youth.
- Take lessons learned from the pilot dorm projects and apply to agency implementation.
- Train at the Dorm and Team level as much as possible. (Team Leaders must own their teams and be accountable for their training and success).
- Ensure trained staff (TBRI® Practitioners) are spread throughout facilities and used in critical positions. E.g. where they can move the needle and role model for other staff.
- Train, Train, and Train staff. Then, practice, practice, practice. Ensure staff feel comfortable to make an honest mistake.
- Each Facility and Team should have a Principle of the Month to focus on. Support the selected Principle with a Direct Care Skill of the Month.
- Nurture Groups are a critical part of intervention and connection. Ensure supervisory staff assist direct care staff in the logistics required.
- Facility Leadership must use their Coach and Mentors to focus on critical staff training and development needs.
- Use all staff meetings, Team Meetings, and Management Meetings to focus on a skill or principle of the model.
- Share information via the formal and informal chain of command.
- Use the Champions Team Meeting as a forum for all to raise issues, share information, and voice concerns.
- Have selected staff conduct Body Worn Camera (BWC) reviews. Use appropriately as a training tool.
- Continue a robust program of identifying key staff who have “bought in” and get them to TBRI® Practitioner training or other development trainings as quickly as feasible.
- Carefully select TBRI® Practitioner candidates. These precious training seats are used on those staff who can “move the needle” and influence others.
- Ensure all critical incidents are debriefed. Glean ”lessons learned” and ensure there is a repair piece to the process.
- Must have a balance of Nurture with Structure. Avoid too much Nurture or too much Structure! (Achieve a reasonable balance)
- Staff must be accountable to use the Texas Model in their daily roles as direct care staff.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
The Texas Model Team currently assists the agency’s leadership in moving the Texas Model forward via training, consultation, technical assistance and collaborative projects. The Texas Model Team is comprised of the following positions:
- Director of the Texas Model
- Associate Director of the Texas Model
- Youth Activities Leader
- All members of the Texas Model Team are TBRI Practitioners
The Director of the Texas Model reports to the Deputy Executive Director and serves as a coordinator/conduit for agency-wide efforts to continue development of staff and assist in training efforts agency-wide. The Texas Model Team works collaboratively with all agency directors to ensure their specific training and development needs are met. The team also works closely with other divisions to maximize resources and avoid duplicative efforts.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
||||||||||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences. N/A
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.
The Texas Model Team works closely with Executive Leadership and Facility Leadership to ensure effective communication occurs and minimal duplication occurs. Primary responsibilities are defined and teams work to positively impact outcomes for youth.
A MOU exists currently between Williamson County Juvenile Center and Texas Juvenile Justice Department to share instructional videos on the IDEAL Response and Levels of Engagement.
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
A partnership with County Probation Chiefs and their respective departments for participation in an all Texas Juvenile Justice TBRI® Practitioner Training March 1-12, 2021. This effort produced approximately 150 TBRI Practitioners throughout Texas in state, county and local juvenile justice settings.
K. If contracted expenditures are made through this program please provide
- a short summary of the general purpose of those contracts overall; TJJD contracts with entities to provide trauma-informed training and resources to agency staff and opportunities for probation departments.
- the amount of those expenditures in fiscal year 2020; $51,000.00
- the number of contracts accounting for those expenditures; 2
-
the method used to procure contracts; These contracts were procured using a request for proposal (TCU) and by being directly
awarded without solicitation (Marti Smith Seminars Inc). - top five contracts by dollar amount, including contractor and purpose; xxxxxx
-
the methods used to ensure accountability for funding and performance;
- CON0000981 – maximum contract amount of $525,000.00 with Texas Christian University for
training for staff on Trust-based Relational Intervention. - CON0000957 – maximum contract amount of $8,200.00 with Marti Smith Seminars, Inc. for trauma-informed employee training; and TJJD follows the Texas Comptroller of Public Accounts’ (CPA) Statewide Procurement Division’s (SPD) procurement guidelines as articulated in the State of Texas Procurement and Contract Management Guide. TJJD has also standardized many of its contracting documents and requires review by an attorney of any non-standard language. TJJD has also put in place a requirement that ensures all contract requestors and approvers certify that they do not have a conflict of interest for that matter. Finally, all members of the TJJD Contracts Team have earned the Certified Texas Contract Manager certification by the Texas CPA's office.
- CON0000981 – maximum contract amount of $525,000.00 with Texas Christian University for
- a short description of any current contracting problems. N/A
L. Provide information on any grants awarded by the program. N/A
M. Are there any barriers or challenges that impede the program’s performance, including any outdated or ineffective state laws? Explain.
Current direct care staffing levels provide for minimal staffing, which impacts the ability of direct care staff to proactively engage and regulate youth. At a 1:12 staffing ratio, staff are “managing youth” versus “engaging youth”. The goal of the Texas Model is to engage youth and help them maintain their own personal regulated state. Once youth become dysregulated, staff operating at minimum staffing levels often need assistance from others not on the dorm/pod. This makes it very difficult to catch minor behavior issues low before minor behavior issues become major issues.
Sections N-P: N/A
Violence Intervention Continuum
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Violence Intervention Continuum. It is designed to manage aggressive and violent behavior and includes the Intensive Intervention Program, the Redirect Program, and the Phoenix Program.
- Location/Division: Statewide
- Contact Name: Tamu Steptoe
- Statutory Citation for Program: Sections 244.002, 244.005, and 244.006, Texas Human Resources Code.
B. What is the objective of this program or function? Describe the major activities performed under this program.
The TJJD rehabilitation strategy is focused on Texas Model concepts and includes identifying each youth’s dynamic risk and protective factors and helping youth develop skills to reduce the risk factors in their lives. Evidence demonstrates that identifying a youth’s risk level, assessing needs, and targeting interventions that are responsive to individual needs is critical to that youth’s long-term success upon returning to the community.
The programs and services offered through the agency’s Texas Model of Intervention support daily success for the majority of youth committed to TJJD. However, a small group of youth demonstrate behavior that requires removal of these youth from the general population for the safety of others. TJJD provides these youth with additional resources within the TJJD Violence Continuum to transform their behavior and facilitate their success.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
The Violence Intervention Continuum has demonstrated its effectiveness in keeping incidents of violence lower at the four facilities that do not operated the highest levels of the Continuum. From 2020 to 2021, there was a 33 percent reduction in individual incidents classified as aggressive at these four facilities, and the rate per 100 youth decreased 17 percent. These statistics show that the focused intervention of placing violent youth in the specialized program works to decrease aggressive incidents at the other facilities.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
The Violence Intervention Continuum program is a multifunctional tier program to ensure we are able to meet each youth need at the least restrictive environment. The Continuum holds three different tiers Intense Intervention Program, Redirect Program and the Phoenix Program. The Intense Intervention Program is housed at multiple facilities and allows TJJD to provide youth with a day intervention that works with disruptive behaviors that do not allow treatment to flourish. The Redirect Program is housed at Evins Regional Juvenile Center and is designed to reduce risk factors through a reduced population, increased programming and a token economy. The Phoenix program is designed to work with highly aggressive youth through appropriate placement. The Phoenix program holds three levels Phoenix, Phoenix Max and Phoenix Mental Health. This allows for appropriate population sizes to deliver intensive treatment and increased staffing to ensure safety and treatment are the key priorities.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
Intensive Intervention Program (IIP)
The Intensive Intervention Program is an intensive 30- to 45-day behavior intervention day program designed to empower necessary behavior change as well as teach youth to manage emotions, their reactions to stress, and learn to take responsibility for their decisions using Dialectical Behavior Therapeutic Principles. During the duration of the program, youth will remain a member of their assigned dorm (home dorm), but will attend all daily functions at the off-dorm Program site. Youth will sleep on their home dorm. As their behavior improves, regulates, and stabilizes, a youth can transition back to their placement in general population, specialized treatment, and programming in an individualized graduated progression.
Interventions include both group and individual sessions focused on youth’s individual goals and target skill as outlined in the youth’s individualized case plan. Delivered a minimum of 22 hours per week these skills and strategies include Nurture Groups, Regulation Activities, DBT Skills Groups and Mindfulness Groups, Carey Guides and Brief Intervention Tools.
For a youth to qualify for placement in the Redirect Program or the Phoenix, they must have a proven true level II hearing.
Redirect Program
The Redirect operates as a self-contained unit. All services, such as case management services, school, psychological counseling, dining services, and recreational activities, are provided within the unit or in a secured outdoor space.
The Redirect Program are built around evidence-based principles and practices, with a focus on the specific risk factors that contribute to each youth’s aggression. The program addresses these risk factors by teaching DBT skills and regulation techniques. This program is designed to reduce the intensity, frequency, and duration of a youth’s violent and/or unsafe behavior by teaching them emotion regulating skills and appropriate replacement behaviors.
Phoenix Program
The Phoenix Program is a longer-term, highly structure environment that operates as a self- contained unit. All services are provided within the unit, to include Case Management, Education, Psychological counseling, dining services, and recreational services. Youth must have a proven level II hearing and approved by the Violence Intervention Continuum committee to be placed in the Phoenix program.
All youth are assessed for appropriate placement in Phoenix, to include Phoenix Max for highly aggressive youth and Phoenix Mental Health for dual treatment youth. Youth in the Phoenix Program are all provide Weekly Case management services, weekly Youth Service Team meetings, Mental Health services based off their needs, DBT skills and regulation techniques. All services are focused on reducing risk behaviors and preparing a youth to return to the least restrictive environment.
Transition
Transition Unit was developed to help youth re-enter general population. The program provides all general population aspects and allows youth to demonstrate the skills they learned. Each youth transitions from the Evins Regional Juvenile Center with an Individual Case Plan and a support plan.
Goals of these programs
- provide youth with a highly structured and safe environment that allows them to develop the motivation and skills necessary to reduce aggressive behavior;
- help youth explore personal risk factors and the impact of these risk factors on attitudes, values, thoughts, choices, and behaviors;
- shape behavior and build coping skills through targeted skill development with directed practice, positive reinforcement, and staff modeling of pro-social skills;
- help youth to experience positive peer interactions;
- help youth internalize behavioral change by reinforcing demonstration of learned skills; and
- provide a gradual reintegration of them back into the regular programs with support for relapse prevention and reinforcement for ongoing demonstration of learned skills.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences. N/A
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
Entry in Specialized Treatment programs at TJJD requires youth to be assessed by the Psychology department to find the risk factors of the youth and the need for treatment, However, entry into the Moderate Level, Redirect, and the Intense Level, Phoenix, of the violence continuum, youth must have a proven Level II hearing that meets the program eligibility.
Eligibility for the Moderate Level, Redirect, is that a youth must meet the following:
- a youth who is referred to the Phoenix program pursuant to GAP 380.9535, of this title or who engages in one or more of the following rule violations as defined in 380.9503 of this title meets criteria for placement in the Redirect Program:
- assault or fighting;
- escape or attempted escape;
- vandalism (major rule violation only);
- sexual misconduct (excluding kissing);
- possessing or threatening others with a weapon or item that could be used as a weapon;
- chunking bodily fluids;
- tampering with safety equipment, or
- any other major rule violation when the totality of circumstances justifies placement.
Eligibility for the Intense Level, Phoenix, is that a youth must meet the following:
- a youth who engages in one or more of the following rule violations:
- assault causing moderate or serious bodily injury to another youth
- assault causing bodily injury to staff;
- fighting causing moderate or serious bodily injury to another youth, or
- chunking bodily fluids at staff, or
- a youth who engages in any other major rule violation when the totality of circumstance justifies the placement in the program and the placement is directed by the executive director or designee, or
- a youth who commits, on three separate occasions within a 90-day period, an assault causing bodily injury, as defined in 380.9503 of this title, when the second and third assaults are committed after a finding of true with no extenuating circumstances had been made in a Level II due process hearing for the previous assault.
When a youth completes all required phases, levels and or needs of a treatment program youths program need is completed and closed. However, when a youth in the Redirect or Phoenix program completes the needs for the program the youth is moved to a Transition status within the program and slowly reintegrated to General Population. During this slow reintegration to General Programming youth is housed in a smaller environment but participates in all campus movement. Youth do receive programming for treatment needs, Case Management Groups and Individuals and Mental Health Interventions. While in this program youth are expected to use the skills, they learned through their previous programming. If a youth is unable to remain safe or unable to use the skills they learned the Youth Service Team is able to meet and recommend placement back in their program. If YST does determine placing back in Redirect or Phoenix is appropriate then this must be sent to the Violence Continuum Board for final approval. Once approved a youth does go back to original programming, Redirect or Phoenix, and will start as a Level III in the program. If a youth is able to use their skills within the program and continue safe behaviors after 14 days in the program, CPU will be notified the youth is ready to complete and the youth will be moved into a General Population at the appropriate TJJD State School within 7 days.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.
The General Population Programs use a stage system, this requires youth to use appropriate coping skills, meet goals set through the YST and continue safe behaviors. The Violence Intervention Continuum program uses dosage hours, demonstration hours and a Level System to move throughout the program. Dosage hours are obtained through participation in treatment groups and activities, and demonstration hours are obtained through demonstrating skills learned outside of the treatment groups and actives. The Level System requires the youths YST to meet and determine if a youth has established safe behaviors, followed the programming schedule, worked on their goals to help reduce recidivism and utilized appropriate regulation tools. The Primary Level- Intensive Intervention Program requires youth to complete 210 dosage hours and 60 demonstration hours prior to release from the program. The Moderate Level- Redirect Program requires youth to obtain 180 dosage hours, 60 demonstration hours and the Transition program. The Intense Level- Phoenix requires youth to earn three levels approved by the YST and complete the Transition program.
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
xxxxx
K. If contracted expenditures are made through this program please provide
- a short summary of the general purpose of those contracts overall; N/A
- the amount of those expenditures in fiscal year 2020; N/A
- the number of contracts accounting for those expenditures; N/A
- the method used to procure contracts; N/A
- top five contracts by dollar amount, including contractor and purpose; N/A
- the methods used to ensure accountability for funding and performance; and N/A
- a short description of any current contracting problems. N/A
L. Provide information on any grants awarded by the program. N/A
M. Are there any barriers or challenges that impede the program’s performance, including any outdated or ineffective state laws? Explain.
To ensure the safety and security of all youth and staff in the Violence Intervention Continuum programs the staffing ratios are higher. The higher level of ratio needed does impact staffing and at times can cause barriers within the staffing constraints. This increases the number of overtimes to maintain the high level of staffing and to work with the most challenging and aggressive youth. This also requires high levels of Case Management interventions and Mental Health interventions; higher level of interventions does require a higher number of staffing for these two department. This can cause variances in services provided and ability to provide the services when positions are not filled. Which affects the fidelity of the program.
N. Provide any additional information needed to gain a preliminary understanding of the program or function.
Due to working with highly challenging and aggressive youth the amount of training provided to employees needs to increase. This will help train staff on how to handle sexually driven behaviors, aggressive behaviors and trauma response behaviors. Along with ensuring each staff understand the different treatments provided, such as DBT, to ensure all staff are providing the same interventions. And ensuring each staff understand the programming provided to each youth and how a youth progresses in programming.
This also requires us to ensure all Case Managers and Mental Health Provider are DBT certified. Along with ensuring that Team Leader, Senior JCO, Case Manager and Mental Health Provider is either TBRI certified or Texas Champion certified to provide Nurture Groups and mentor the Texas Model. And ensuring each JCO was been provided the Texas Model Basic training each year to ensure appropriate interventions are provided to each youth.
By providing a higher level of training to each staff and increased training based on the staff’s role it allows for a well-rounded program. A well-rounded program allows each area to act in unison and help create a safe and structured environment.
Sections O and P: N/A
Nutrition and Food Services
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Nutrition & Food Services
- Location/Division: Central Office
- Contact Name: Sarah B. Wall, MS, RDN, LD
- Statutory Citation for Program: Statutes: 242.051, Human Resources Code; 244.009, Human Resources Code; Healthy, Hunger-Free Kids Act of 2010 (HHFKA, P.L.111-296); reimbursement through USDA-FNS requires compliance with National School Lunch Program and School Breakfast Program
B. What is the objective of this program or function? Describe the major activities performed under this program.
Nutrition & Food Services (NFS) provides nutritious, appetizing meals that are designed to meet current and reputable nutrition guidelines and food safety and sanitation practices; follows United States Department of Agriculture (USDA) guidelines for the National School Lunch Program (NSLP) and School Breakfast Program (SBP); and supports the rehabilitation of youth through good nutrition. NFS Standardized Menus are revised annually for use by the TJJD facilities and meet or exceed the standards set forth by the NSLP/SBP and the most recent Dietary Guidelines for Americans and the Recommended Dietary Allowances.
To ensure that nutritional, safety, sanitation, and quality standards are met, NFS provides the following services: menu planning that meets evidence-based nutrition standards; on-site semiannual inspections of food services to monitor compliance with program regulations, food safety and sanitation standards issued by Texas Department of State Health Services (TDSHS), purchasing, and food preparation, and to provide oversight of Texas Department of Agriculture – National School Lunch Program/School Breakfast Program (TDA - NSLP/SBP) implementation; policy and procedure development; annual foodservice staff training that meets professional standards criteria as established by USDA for NSLP/SBP; and nutrition consulting and special diet accommodations.
In addition to these services, NFS conducts annual Food/Wellness Surveys, which provide all youth an opportunity to express their food preferences and provide feedback on current meals and snacks served.
NFS Registered Dietitian Nutritionists (RDN) provide consultation and technical assistance to facility health care staff regarding therapeutic special medical diets and other nutrition-related issues regarding TJJD youth.
NFS monitors youth grievance trends relating to the nutrition and food services program; investigates youth grievances, as needed; and oversees the resolution of grievance appeals and alleged mistreatments to ensure that youth receive timely and appropriate nutrition.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
Youth Food/Wellness Survey – An annual survey to measure youth food preferences and access to services related to wellness goals and requirements. Examples from 2021 survey:
Triennial Assessment of Local Wellness Policy. USDA requires participants in the NSLP/SBP to conduct a Triennial Assessment of our Local Wellness Policy (LWP). The Triennial assessment measures the effectiveness of TJJD’s LWP at least every three years and includes an assessment of the following: (1) compliance with LWP; (2) alignment to model, evidence-based LWPs; and (3) progress made towards attaining the goals described in the LWP. The assessment considers feedback from the annual youth Food/Wellness Survey, semiannual inspection reports, health department inspections, and NFS standards to assess the effectiveness of our LWP. See Attachment G: NFS School Year (SY) 2020-2021 Triennial Assessment findings.
Semiannual Food Service Inspection Report. Central Office nutrition services manager, dietetic & nutrition specialist or designee develops report from semiannual inspection of food service operations in TJJD institutions and halfway houses. The semiannual inspection assesses compliance to policies and standards related to foodservice references & records, meal service & dining, sanitation and safety, storage facilities, food service practices, and meal quality.
Local Health Department Inspection. Per NSLP regulations, all food service operations are inspected by state, city or county health departments twice each school year. Health department inspection averages: 99.6 percent (SY19); 99.2 percent (SY20); 98.5 percent (SY21).
Annual On-Site Review. Per NSLP/SBP regulations, TJJD assess compliance to meal counting procedures and policy annually at all sites for the lunch meal service and at half of the sites for the breakfast meal service.
Texas Department of Agriculture (TDA) Administrative Review. The Texas Department of Agriculture (TDA) performs an Administrative Review (AR) of NSLP/SBP operations at TJJD every 3 years.
Food Grievances & Appeals. Youth, parents/guardians of youth, and youth advocates have the right to file grievances concerning the care, treatment, services, or conditions provided to youth under the jurisdiction of TJJD. Within food service operations, food service managers at each site address food grievances. If a youth files an appeal to the resolution provided by the food service manager, the Central Office nutrition services manager provides a resolution to the youth’s appeal. Grievances are monitored on a weekly basis and tracked throughout the school year.
See Attachment H: NFS Reports from Grievances and Appeals from SY 19-20 for more information.
Special diet reports. TJJD provides medical and religious diets to youth as ordered by appropriate staff based on policies. Central Office Nutrition staff review and track all medical and religious diets by site, including youth name, type of diet, diet specifications, start/end date, and diet termination information. See Attachment I: NFS Special Diet Reports for more information.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
With the agency adoption of the Texas Model, Nutrition & Food Services (NFS) has taken steps towards implementing a more trauma-informed approach to dining and meal services and a more therapeutic menu that considers the unique dietary requirements of our youth population. Whereas NFS food operations has consistently met or exceeded current nutrition standards set forth by the NSLP/SBP, Dietary Guidelines for Americans, and the Recommended Dietary Allowances, current NFS practice also considers the unique background, culture, and experiences of our youth population that may impact dietary needs and preferences, such as:
- History of trauma, chronic stress and/or anxiety related to a high prevalence of adverse childhood experiences (ACEs);
- Behavioral health, psychiatric & mood disorders;
- Brain development & function;
- Limited choice & variety of meals (4-week cycle menu);
- Cultural diversity & food heritages; and
- Preferences of Generation Z.
With these considerations in mind, in addition to providing safe meals and continuing to meet state and federal requirements and dietary standards, NFS:
- Implements a trauma-informed approach to dining & meal services;
- Provides a therapeutic diet that not only meets the special dietary needs of our youth, but enhances overall health and quality of life;
- Provides meals that appeal to our youth’s diverse cultural heritages & traditions; utilizes seasonally-appropriate produce; and considers popular food trends, kid-friendly foods, peer group influences and evolving palates of Generation Z; and
- Enhances the future career prospects of our youth through foodservice skills training.
See Attachment J: NFS New Menu Approaches for additional information.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
Administration
TJJD employs registered, licensed dietitians as the Central Office nutrition services manager and dietetic & nutrition specialist to provide direction, oversight, and technical assistance for nutrition and food services. Each site employs a certified food service manager to oversee daily on-site food service operations and to act as supervisor to cooks. All NFS staff receive orientation training and are required to meet a specified amount of annual professional training hours per NSLP regulations.
Menu
NFS conducts an annual Menu Board with NFS staff and supervisors to allow staff to provide input into the development of pre-planned, standardized menus and recipes. Menu Board also considers the results of the Youth Food/Wellness Survey when making recommendations for the menu. After Menu Board convenes, Central Office dietitians use Menu Board suggestions in developing the standardized menus and recipes, with adjustments made as needed, to meet the applicable regulations, requirements, and cost considerations.
Food services at TJJD facilities and halfway houses follow a 4-week standardized cycle menu created by Central Office dietitians. The daily menu includes 3 meals (breakfast, lunch, and dinner), AM snack, PM snack, HS (late-night snack), and fresh fruit snack, follows USDA regulations for NSLP/SBP, and meets current dietary standards.
TJJD provides medical diets for TJJD youth using the Texas Academy of Nutrition & Dietetics Medical Nutrition Therapy Manual as a guideline. Special diet menus (sodium-restricted, diabetic, ovo-lacto vegetarian, etc.) are available at all TJJD sites to accommodate youth on special medical or religious diets. Medical diet orders are completed by health care professionals and completed diet orders are provided to the site food service manager. Religious diet orders are completed by facility chaplains, halfway house assistant superintendents, or designees, and completed diet orders are provided to the site food service manager.
Purchasing
TJJD institutions and halfway houses submit requisitions for food, food service equipment, and supplies in accordance with a standardize menu, statewide purchasing rules and procedures, the Texas Department of State Health Service Texas Food Establishment Rules, and TDA- NSLP/SBP.
Requisitions for food items that are on statewide term contracts, on the scheduled purchase requisition, and obtained through the Texas Comptroller of Public Accounts are submitted through each institution’s purchasing department.
Food Preparation
Food service staff prepare all food using standardized recipes developed by Central Office dietitians to ensure quality, quantity, and cost control of all meals served, and complete a food production record for each meal and snack to meet documentation requirements for TDA- NSLP/SBP.
Health & Hygiene
Food service managers ensure that all food service staff members properly follow safety, hygiene, and sanitation requirements set forth by TJJD and DSHS, and monitor all staff and youth working in food service daily for health and cleanliness at each shift.
Food Safety and Sanitation
Food service operations adhere to Hazard Analysis and Critical Control Point (HACCP) principles in its standard operating procedures for food safety in order to prevent contamination and foodborne illness. Food service operations comply with the Texas Department of State Health Services’ Texas Food Establishment Rules (DHSH – TFER) for food storage in refrigerated, frozen and dry states. Potentially hazardous foods such as meats, seafood, and dairy products are properly cooled and thawed in accordance with DSHS – TFER. The temperature of all food served by TJJD meets the requirements of the DSHS – TFER and the NSLP/SBP. Each facility’s food service areas, including the kitchen and dining areas, are cleaned daily and inspected weekly, in accordance with the DSHS – TFER. Food that is received by delivery is inspected for freshness and safely transferred to proper storage as quickly as possible.
Inspections and Monitoring
Meal quality evaluations are performed regularly by NFS and site administration to ensure that food flavor, texture, temperature, appearance, and portion size are considered in the preparation and service of meals. Food Service inspections are performed on a regular basis by both TJJD staff (Food service managers, Central Office NFS staff) and Non-TJJD staff (TDA, local health departments, etc.).
Meal Counting & Claiming
Free meals are provided to all youth. All TJJD facilities maintain a daily and monthly record of all meals served by meal service period as required by TDA-NSLP/SBP regulations. Meal counts are taken by individual youth and staff name as each meal is served at the point-of-service for breakfast, lunch, and supper.
Equipment and Product Safety
Food service equipment is maintained in compliance with standards identified by DSHS, and food service staff members submit work orders for food service equipment to the Maintenance Department and/or site administration.
All kitchen tools including cooking utensils, knives, other potentially dangerous tools, and hazardous substances are maintained in locked areas when not in use, are kept under tight inventory, and are checked out of the secure area when in use.
Wellness
As participants in the NSLP/SBP, TJJD is required to implement wellness standards and follow a local wellness policy which is assessed triennially. TJJD incorporates wellness goals and requirements throughout its residential programming with policy standards in the following areas: (1) Nutrition Education; (2) Physical Activity; (3) Health Education; (4) Healthy Nutrition Environment; and (5) Guidelines for Reimbursable Meals.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||||||||||||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
For the 2019-2020 school year (July 2019 - June 2020), TJJD received $1,682,062.30 in reimbursement by providing breakfast and lunch meals that meet USDA regulations and requirements for the NSLP/SBP.
Nutrition & Food Services applies for the USDA Food Service Equipment Assistant Grant on an annual basis. Grant funding received over the past 5 years are as follows: $60,275 (2016); $63,131 (2017); no grant funding awarded (2018); $3,247 (2019); no grant funding awarded (2020).
Entitlement funds for the USDA Foods program is supplied to each site annually based on site population and participation in the NSLP/SBP. Entitlement funds received vary by site and may only be utilized to purchase commodity foods.
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
Food service operations are consistent at all TJJD facilities and halfway houses. There are no other known programs internally or externally planning, testing, and implementing food service that follow NSLP/SBP guidelines within our target population.xx
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts. N/A
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
Texas Department of State Health Services (DSHS) / Local health departments. State, city or county health departments are responsible for performing food service inspections twice per year, per NSLP/SBP regulations, to ensure kitchens are kept free of any food sanitation, facility, health, and safety violations. Health Department Inspection Averages: 99.6 percent (SY19); 99.2 percent (SY20); 98.5 percent (SY21).
The Texas Department of Agriculture (TDA). NSLP/SBP; performs an Administrative Review (AR) of NSLP/SBP operations every three years.
“Excellent” rating received on most recent TDA Administrative Review of NSLP/SBP (SY 2018- 2019).
USDA Foods. USDA Department of Defense Fresh Fruit & Vegetable Program (DoD Fresh). The DoD Fresh Program allows schools to use USDA Foods entitlement dollars to buy fresh and seasonal produce.
Education Service Centers (ESC). Service organizations of the Texas Education Agency. Local ESC branches provide technical support and assistance to Contracting Entities (CE’s) participating in NSLP/SBP.
TxSmartBuy – Texas Comptroller of Public Accounts. TJJD Food Contracts; The State of Texas Cooperative Purchasing Program, available for local governments, education, and non-profit assistance organizations.
K. If contracted expenditures are made through this program please provide
- a short summary of the general purpose of those contracts overall; N/A
- the amount of those expenditures in fiscal year 2020; N/A
- the number of contracts accounting for those expenditures; N/A
- the method used to procure contracts; N/A
- top five contracts by dollar amount, including contractor and purpose; N/A
- the methods used to ensure accountability for funding and performance; and N/A
- a short description of any current contracting problems. N/A
L. Provide information on any grants awarded by the program. N/A
M. Are there any barriers or challenges that impede the program’s performance, including any outdated or ineffective state laws? Explain.
Food services acts under budgetary constraints for food purchases, recipe development, and menu planning. What is often the most economical option is often not the most nutritious choice (e.g., canned fruit packed in extra light syrup vs. canned fruit packed in 100 percent juice; refined oils vs. cold-pressed or virgin oils, etc.), and we are limited with our choices by such budgetary considerations. For example, based on annual estimated usage, the total cost of using canned fruits packed in natural fruit juices compared to the total cost of using canned fruits packed in extra light syrup is a cost difference of approximately $56,700 per year. We are also limited to what food items we can purchase based on what is available on state contract. For spot purchases, we are limited to the selection of choices available from our contracted vendors.
Funding for food service staff salary is a limiting factor in our ability to retain trained, dedicated food staff members. Vacant positions and high turnover rates are common in food services, partly due to a salary that is not competitive with other food service industry jobs. Low staffing puts a strain on our food service workers who have to carry the extra workload of vacant positions, or devote additional time to training new workers on a regular basis.
Central Office nutrition services staff is limited to 2 dietitians (nutrition services manager and dietetic & nutrition specialist). The ability to devote adequate time and attention beyond baseline functions to projects and activities that could enrich the NFS program and scope, such as a therapeutic edible teaching garden program for youth, is limited. Additional resources and funding would be required for such projects, as well.
Sections N-P: N/A.
Medical Services
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Medical Services
- Location/Division: Central Office
-
Contact Name:
- Scott LePor, DO, TJJD Medical Director
- Jana Johnson, RN, TJJD Nursing Director
- Statutory Citation for Program: Texas Hum. Res. Code §§244.001, 244.006, 244.009
B. What is the objective of this program or function? Describe the major activities performed under this program.
The Medical Services division provides and oversees healthcare services including medical, psychiatric, optometric, dental, pharmacy, and nursing care, for preventive, acute and chronic treatment services through a trauma-informed lens. These services are provided through a contract vendor for all secure facilities and through free-world healthcare entities for all contract and halfway-house facilities. TJJD medical services oversees all implementation, quality, access to care, and efficiency of these services provided through quality measures and reviews.
Quality measures and reviews include bi-annual Continuing Quality Improvement meeting with contract vendor, monthly reviews of access to care report, medication errors, psychotropic medication report, communicable and sexually transmitted infection report, hospital and emergency room utilization report, quarterly injury, self-harm, and suicidal behavior reports, individualized care cost report for contract care and free-world healthcare costs, quarterly formulary and pharmacology meetings and pharmacy manual review, weekly crisis stabilization patient review, periodic meeting with medical directors for Texas state hospitals and community mental health services, and to investigate and address any concerns for medical mistreatment and grievances. Oversee notification to caregivers for consent or refusal of TJJD statutory obligation to provide medical, medication, psychiatric, dental, immunization and optometric services.
We also oversee appropriation of sick leave pool to TJJD employees for catastrophic medical events. Oversee and approve expenditures for medical care that exceed a baseline amount for youth in high-restriction contract care facilities. Maintain qualifications and approval for access to medical records for TJJD employees. Train and scaffold implementation of trauma-informed healthcare practices with contract vendor and state agencies for TJJD youth. Work with state hospitals and counties to optimize acute mental health care needs of TJJD youth through civil commitments. Working with treatment services team to further develop and optimize an on- site crisis stabilization unit for TJJD youth in optimizing trauma-informed care practices and currently investigating incorporating best practice compelled-medications to fortify safest and optimal on-site care as well as collaborate with state agency medical directors to develop optimal practices in managing further care for critical youth in state hospitals. Developed and maintained best-practice protocols for COVID-19 testing, quarantine, isolation, supportive care and monitoring, preventive measures within facility operation, medical education to youth and staff.
As the COVID-19 pandemic made itself evident, medical services implemented protocols and procedures for screening staff and youth, maintaining safe practices through universal and standard precautions, wearing and handling best available PPE, testing the youth and staff with best evidence-based PCR testing and appropriating proper quarantine and isolation areas while using testing with time-based release strategies. This model was forged through diligence in evidence-based literature and CDC guidelines as well as reviewing previous similar pathogens and historical bodily responses to recovery and immunity. Testing protocols included variations for mass testing and individual testing, assessing risk of exposure through contact tracing, viral shedding patterns, and relative risk through CDC and WHO recommendations. We were able to maintain a bias towards being health risk averse while also maintaining as optimal staffing as possible for youth safety and facility operations.
Implemented best-practice vaccination services for staff, youth, and community. Maintain continuous as needed contact with contract vendor for any and all healthcare concerns on a daily basis. Integrate facility operations with contract vendor to optimize implementation of healthcare services and safety to youth and medical staff.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
Other reports are utilized and regularly reviewed to maintain optimal health care for our youth according to current best practices and monitoring that each youth has access to that care as needed and requested. These reports are listed below with their frequency, and are available upon request:
- Access to care reports (monthly)
- Communicable disease report (monthly)
- MRSA/MSSA Report (annually by fiscal year)
- Monitored for antibiotic resistant infections to provide effective treatment and prevent spread within TJJD-operated facilities.
- Medication Error Report by Facility (monthly)
- The division monitors medication errors to continue to improve implementation practices to eliminate errors and optimize safest administration practices. Any error is immediately assessed by the medical provider for any concern or action required.
- Grievance appeals (quarterly)
- Hospital/ER utilization (quarterly; annually by fiscal year)
- The division monitors for trends in hospitalization and ER utilization and monitors for any underpinning concerns and addresses those concerns accordingly.
- Youth injuries (quarterly)
- The division closely monitors trends in youth injuries, including self-harm and suicidal behavior, and works closely with the treatment service division and facility operations to maintain the safest possible environment for the youth.
- Medical staffing (as needed)
- The division monitors medical staffing and implements measures as needed to maintain levels of staffing that afford optimal and cost-effective health care for our youth.
- Healthcare costs (quarterly; annually by fiscal year)
- Psychotropic Medication (monthly)
- The division receives monthly reports from contract care facilities regarding TJJD youth on psychotropic medication. These reports are reviewed by the director of medical services and director of nursing to ensure there is a clinical justification for the medications. If needed, TJJD medical staff may contact contract care facilities for further information to justify the medications prescribed.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
Medical services has foundationally moved to an understanding of its purpose and implementation through the current neuroscience of interpersonal neurobiology and trauma- informed care to optimize implicit healing and connection for youth who come from hard places. Medical services also strives to provide quality and cost-effective health care that is aligned with what a youth would receive in free-world health care.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
Infirmary. Each institution has a Health Services Administrator (HSA) who serves as the health authority for the institution. The HSA supervises nursing staff, RNs and LVNs. Each institution has a physician or mid-level practitioner who goes to the facility at least weekly for assessments, physical exams, chronic condition clinics, etc. Dentist, hygienist, and dental assistant to each facility at least weekly for exams, treatments, fillings, etc. Psychiatric services are conducted via telemedicine at each facility. Nursing staff at all institutions; with 2 of the facilities with 24-hour nursing including Ron Jackson and Mart. Scheduled clinics with providers are conducted Monday through Friday, however nursing can assess youth 7 days a week. For the 3 facilities that do not have 24-hour nursing coverage, TJJD staff may contact on-call nursing after hours for any youth concerns; these facilities have nursing staff on campus between 5AM and 11PM each day. Each facility also includes nursing case managers who maintain communication with youth caregivers updating the caregivers to any health concerns, issues, or questions. The nursing case managers also provide individual chart reviews to assure continuity of care, maintain complete medical records by obtaining any free-world medical records associated with the youth, and provide discharge medical summaries for youth when they are ready to leave the facility.
Assessments. When a youth is new arrival at Ron Jackson Intake, he/she will have multiple health assessments. Below is the timeline for intake assessments and annually thereafter.
- Health Screening. This comprehensive screening of overall health status and health history is conducted for all youth by a Nurse prior to dorm assignment or movement and is conducted again for all youth upon arrival to a new facility and annually.
- Admission Interview. This includes a medical File Review, youth interview, and parent/guardian contact for all youth conducted by the UTMB Nurse Coordinator for Health Care within three working days of admission for youth with special medical needs. It is reported for all youth within three working days of arrival at each new facility for youth with special medical needs and within seven working days for all other youth.
- Health Examination/ Health Appraisal. A comprehensive medical evaluation is conducted for all youth by a physician, nurse practitioner, or physician’s assistant within 14 days of admission, unless a documented exam has been completed within the past 90 days. It is redone annually or upon need identified by provider.
- Dental Examination. Dental Examination and Preventive Care is conducted for all youth by a dentist or dental hygienist within 14 days of admission unless a documented evaluation has been completed within past 90 days. It is repeated at least annually or as determined by dentist.
- Psychiatric Evaluation. Clinical Interview and Record Review is conducted for all youth identified as (1) having an MLOS of 12 months or more, (2) on psychotropic medication at admission and/or within 60 days prior to admission, (3) is committed/ recommitted with a determinate sentence, (4) is recommitted or parole revoked and out of TJJD custody 90 or more days, or (5) referred by psychology staff for evaluation. This review is conducted by a psychiatrist or psychiatric nurse practitioner within 21 days of admission, unless there is a documented evaluation completed within the past 90 days. It is repeated as determined by psychiatrist (not to exceed 60 days for youth prescribed medication), or within 30 days of subsequent referrals.
Medication Distribution. Youth prescriptions are processed through UTMB – CMC Central Pharmacy and medications are sent to the institutions. Facilities have established medication administration times, up to 4 times a day. Medications are dispensed to youth by nursing staff either on the dorms or via secure pill dispensing windows.
Telemedicine. Telemedicine is utilized primarily by our psychiatric providers to promote easier access for our youth, optimizing more regular follow-ups and continuity of care as well as allowing for any urgent visits needed and or requested.
Limited Housing Report. Routinely, UTMB submits an extensive spreadsheet for TJJD medical services, leadership, and operational review of youth at all institutions who are in quarantine that includes: day the youth was placed in quarantine, day anticipated to leave quarantine, and date of COVID testing.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
||||||||||||||||||||||||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
Youth in TJJD HWHs see community-based providers for all their health care needs. Youth are enrolled in Medicaid as soon as they arrive at the HWH and the providers then bill Medicaid for their services. In the event a youth requires health services before their Medicaid is active, TJJD and UTMB have collaborated that providers may submit their claims through UTMB at Medicare rates, who in turn pay the provider, then TJJD reimburses UTMB. Occasionally, a provider is reluctant to utilize the UTMB reimbursement process and in those instances the fee for medical services is paid directly by TJJD at a best negotiated rate.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.
Youth living at TJJD halfway houses do not receive healthcare services from UTMB Medical Services. There is no duplication of efforts due to the nature of the services rendered by these community providers.
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
The TJJD medical director provides trauma-informed educational services through presentations and trainings, and state agency trauma-informed implementation development through Cross-System Trauma-Informed Care HHSC workgroup to state agencies and related Texans. Additionally, TJJD Medical Services collaborates with other state agency medical directors to optimize state-funded healthcare services for youth.
K. If contracted expenditures are made through this program please provide
- a short summary of the general purpose of those contracts overall; TJJD contracts with the University of Texas Medical Branch – Correctional Management Care to provide medical services to youth in TJJD secure facilities.
- the amount of those expenditures in fiscal year 2020; $9,680,976.73
- the number of contracts accounting for those expenditures; 1
- the method used to procure contracts; Interagency contract with the University of Texas Medical Branch.
-
top five contracts by dollar amount, including contractor and purpose; CON0001077 – maximum contract amount of $21,066,792.00 with the University of Texas
Medical Branch at Galveston to provide medical services to TJJD youth. - the methods used to ensure accountability for funding and performance; and TJJD follows the Texas Comptroller of Public Accounts’ (CPA) Statewide Procurement Division’s (SPD) procurement guidelines as articulated in the State of Texas Procurement and Contract Management Guide. TJJD has also standardized many of its contracting documents and requires review by an attorney of any non-standard language. TJJD has also put in place a requirement that ensures all contract requestors and approvers certify that they do not have a conflict of interest for that matter. Finally, all members of the TJJD Contracts Team have earned the Certified Texas Contract Manager certification by the Texas CPA's office
- a short description of any current contracting problems. N/A
Sections L-P.
L. Provide information on any grants awarded by the program. N/A
M. Are there any barriers or challenges that impede the program’s performance, including any outdated or ineffective state laws? Explain.
Healthcare provided will optimize in its effectiveness for our youth as healthcare providers become more trauma-informed and utilize implementation principles consistent with interpersonal neurobiology and secure attachment patterns. These practices would also increase healthcare provider job fulfillment and decrease turnover and employee burnout.
Sections N-P: N/A
Tattoo Removal Program
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Tattoo Removal Program
- Location/Division: Giddings State School / Medical Services
- Contact Name: Amber Gabler
-
Statutory Citation for Program:
- Texas Family Code - Fam § 54.0491. Gang-Related Conduct
- Texas Medical Board Rule Sec. 193.11
- Section 193.17. Nonsurgical Medical Cosmetic Procedures
- 118.2 §193.11. Use of Lasers
Title 25 Health Services
- Part 1 Department of State Health Services
- Chapter 289 Radiation Control
- SubchapterG RegistrationRegulations
- Rule §289.301 Registration and Radiation Safety Requirements for Lasers and Intense-Pulsed-Light Devices
B. What is the objective of this program or function? Describe the major activities performed under this program.
The program eliminates tattoos that remind a youth of a traumatic past, with many of our youth having been gang-related and sex-trafficked. Youth voluntarily participate in the removal of visible, sex-trafficked, gang-related, and offensive tattoos.
For many youths, getting tattoos began at an early age, with many being low quality. By removing tattoos, we help to increase youths’ self-esteem and help to eliminate cultural misperceptions of the individual based upon the tattoos. The Tattoo Removal Program strives to remove the markings of past mistakes so our youth can secure employment and education without further judgment, thus positively integrating back into the community.
Court ordered programs may require youth to attend treatment for drugs, sexual behavior, and capital offenders, but once youth release to the free world and tattoos cover their face, neck, arms and hands, those programs will not secure them employment, but the Tattoo Removal Program increases those chances, thus potentially reducing recidivism rates. The Tattoo Removal Program offers youth the opportunity to change their appearance, and thus change their life.
Keeping with the precedence of the Texas Model, youth are positively impacted through the program by receiving care, being given a voice, and experiencing healthy touch. We allow the youth to have a voice in the tattoos to be removed or those that remain, especially if there is an emotional attachment to a family name such as a child, parent, or grandparent. Follow-up care for youth who leave TJJD prior to completion of tattoo removal is also sought for the youth at either reduced cost or free of charge from commercial tattoo businesses.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
The Tattoo Removal Program has served 484 youth since its inception in 2015 and conducts an average of 576 to 786 treatments a year, depending on the number of youth served and the number of treatments needed per youth for full removal. If these youth sought to have their tattoos removed in the community after reentry, the average cost of tattoo removal service would be $200 to $500 per session.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
The Tattoo Removal Program was developed in 2015 and began services in January 2016. The program has succeeded strictly on voluntary participation by the youth. In 2016, we began the program using a single laser machine to treat youth across the agency. Youth were transported to our main clinic in Giddings. As the number of participants grew, we purchased a second laser machine and installed it at our Gainesville facility. With our facilities many miles apart and the continued increase of youth voluntarily requesting tattoo removal, the agency recognized the difficulty of transporting youth to the Giddings clinic. In addition, we had youth from our halfway houses requesting treatment for tattoo removal. Therefore, the program was re- organized to better serve our youth, while keeping the safety and security of the youth, staff, and the community as a priority. In doing so, we purchased a portable laser machine to eliminate the need for youth transport. The laser technician travels with the equipment to each of the 5 main facilities, numerous halfway houses and contract care facilities that have TJJD youth in their care. The reorganization has been instrumental in the increase of youth requesting treatment while eliminating the overtime hours the agency was paying for staff to transport youth from our facilities across the state.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
Tattoos naturally fade over time because the body’s immune system recognizes that tattoo ink is a foreign substance and tries to remove ink particles. Laser tattoo removal speeds up the natural process by breaking up tattoo ink into smaller pieces that flush away more easily.
When tattoo removal laser light is applied to the skin, it heats up and shatters the ink that it reaches first within the skin. In other words, the shallowest layers of ink are removed before the deepest layers.
It takes multiple treatments to penetrate through the varying depths of ink in a tattoo, on average 5 – 8 treatments.
At TJJD, we use Q-switched laser systems to deliver short laser pulses that only last for nanoseconds, so there is no risk of damage to the skin.
Program Process:
- Youth at TJJD submit a CCF-310 (Participation Request) to the laser technician explaining why they want their tattoos removed and a description of each tattoo to be treated.
- The laser technician then requests an HLS-210 (Health History Review) from medical services to ensure there will be no contraindication from medication or medical diagnosis as the laser is applied to the skin.
- Youth that are under the age of 18 must have parental/guardian consent on the LS-006 (Consent Form) which is obtained by the youth’s case manager. Youth that are 18 will sign their own consent form.
- Once all forms are completed, the laser technician schedules the youth for treatment at their designated facility. At this time, an email is sent to the facility infirmary of youth to be treated, so they are aware of the need for aftercare.
- At the appointment, the technician reviews with the youth, the Participation Request, Health History, and Consent forms.
- Next, the locations of each tattoo to be treated are evaluated, photographed, and documented on the CCF-311 (Treatment Plan).
- The process of removing the ink is explained to the youth, as well as how many approximate treatments may be necessary for complete removal. Youth are informed if they release to parole and have not completed tattoo removal, the laser technician and their parole officer will locate community resources in their area to assist in completing the removal process.
- Each tattoo site is cleaned with an alcohol pad to prep the area for treatment.
- Youth are provided two sets of protective glasses, one for tattoos located in places other than the face, and a metal pair to place on the eyes for tattoos on the neck and face.
- The laser technician initiates the removal process with a single pulse test spot to ensure the machine is set to the appropriate fluence to shatter the ink.
- After all tattoo sites have been treated, the laser technician applies a clear, waterproof bandage that remains intact for up to three days. Youth are seen by infirmary staff once per day for three days. Notation of blistering or bandage replacement is documented by the infirmary in the youth’s medical file and the Tattoo Removal Program medical file kept by the laser technician.
- Youth are then scheduled for follow-up treatment, allowing between 6 and 8 weeks (about 2 months) between treatments.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
The first Astanza Duality Laser Machine was purchased through the GIT Ready Grant of 2014. This machine has been traded for current equipment, including a Cryo cold air machine which helps reduce discomfort during the tattoo removal process. The remaining laser machines have been purchased outright by TJJD.
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
Youth are informed, if they release to parole and have not completed tattoo removal, the laser technician and their parole officer will locate community resources in their area to assist in completing the removal process.
The community resources consist of tattoo removal clinics that agree to offer removal services to our youth, either for free or for a reduced rate.
The overall process between the TJJD program and the services offered in the community are similar, with the exception that TJJD offers mobile tattoo removal services. The main difference between the TJJD program and other tattoo removal clinics is funding. The Tattoo Removal Program operates on a limited budget and limited staff, while free-world clinics charge a fixed price per tattoo, per session.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.
TJJD is the only Texas agency that offers tattoo removal services for youth in our care. When youth are released on parole our program connects them with community services to continue the tattoo removal process, often for free or a discounted rate.
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
The laser equipment is registered through the Texas Department of State Health Services (DSHS) and the Texas Department of Licensing and Regulation (TDLR), in compliance with their requirements. Laser technician certification and operations of the Tattoo Removal Program follow the guidelines of the Texas Medical Board.K. If contracted expenditures are made through this program please provide
- a short summary of the general purpose of those contracts overall; N/A
- the amount of those expenditures in fiscal year 2020; N/A
- the number of contracts accounting for those expenditures; N/A
- the method used to procure contracts; N/A
- top five contracts by dollar amount, including contractor and purpose; N/A
- the methods used to ensure accountability for funding and performance; and N/A
- a short description of any current contracting problems. N/A
L. Provide information on any grants awarded by the program. N/A
M. Are there any barriers or challenges that impede the program’s performance, including any outdated or ineffective state laws? Explain.
Funding is our greatest challenge. The lack of funding inhibits the program from purchasing the most current technology to remove tattoos of all colors. Our current equipment treats tattoos that are black, red, orange, or yellow. Pigments of blue, purple, and green show few results from the current laser equipment and we see a lot of these colors in the tattoos of our youth.
Additionally, staffing is an issue. Since 2015, there has been only one staff to ensure the program runs appropriately and continues to meet the needs of the youth. The one staff must also load the laser machine and Cryo machine, each weighing 75-100 pounds, into an SUV 4 times per treatment day. With additional staff, the chance of lift injury is virtually non-existent. Ideally, the program needs 1 to 2 more staff, solely designated to the Tattoo Removal Program. One staff for the purpose of handling the “behind the scenes” tasks and an additional staff to travel for removal treatments. The sole staff currently travels to all facilities that care for TJJD youth, including the halfway houses and contract care facilities, while managing all paperwork, appointment bookings, travel arrangements, contact with parents, communication with the other facilities, loading photos in the youth's file, ordering supplies, maintaining the equipment, and assisting the parole division for released youth to continue treatments while on parole. The widespread locations across the state and the growing number of youths requesting treatment have made it difficult to ensure each youth is provided treatment every 6-8 weeks (about 2 months) per protocol, having only one staff.
At a minimum, the program needs a clerk to handle the office work, which would free up a good amount of time for the current staff to focus solely on travel and providing treatments. If we were provided a second staff and a second portable laser machine, we could treat twice as many youths and stay well within the 6 – 8-week treatment timeline. The program could then reach far more youth and send them back into society with no gang-related, offensive, or visible tattoos and an improved chance of securing employment, thus reducing the chance of recidivism.
Section N-P: N/A
Due Process Hearings and Appeals
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Due Process Hearings and Appeals
- Location/Division: Office of General Counsel
- Contact Name: Christian von Wupperfeld and William Klein
- Statutory Citation for Program: Human Resources Code §§243.051, 244.005, 245.051; Family Code § 54.01; Morales v. Turman Settlement Agreement
B. What is the objective of this program or function? Describe the major activities performed under this program.
Due process is the constitutional concept that that the law and legal proceedings must be fair. The type of “process” that is “due” is dependent on what is at stake. The minimum process due in any type of legal proceeding is “notice” and the “opportunity to be heard in an orderly proceeding.” The more at stake, the more “process” “due.”
The youth committed to TJJD are expected to follow reasonable and appropriate rules of conduct. Discipline of youth is necessary to keep order and to provide a safe and constructive environment for youth, staff, and others. TJJD has administrative hearings for various reasons but most commonly to impose some form of discipline on a youth to address misbehavior. The aim of any disciplinary measure is to impose the least restrictive consequences which are effective in correcting the behavior of the youth and ensuring safety and order. The level of due process in each TJJD hearing is different based on what the purpose of the hearing is. The TJJD Office of General Counsel (OGC) manages all due process hearings for youth, including:
- Level I Hearings—Typically used when considering the revocation of a youth’s parole, Level I hearings have the most extensive due process because they are hearings in which a youth’s conditional liberty, i.e., parole, is at stake.
- Level II Hearings—Hearings of this type offer the second highest level of due process but much less than in a Level I hearing. They are typically used for disciplinary transfer, placement in the Redirect program, placement in the Phoenix program, suspension of privileges, seizure of contraband money, etc. For a rule violation to be a part of a youth’s disciplinary record, it must be proven through at least a Level II Hearing. Only rule violations that are a part of the youth’s disciplinary record may be used alone to demonstrate the youth is not eligible for facility release onto parole and may be considered by the Release Review Panel to extend a youth’s stay in TJJD.
- Level III Hearings—In high restriction facilities, these hearings are used only to determine if a youth should be admitted or extended in the Regulation and Safety unit. In medium restriction facilities and on parole, these hearings are used to impose minor consequences for rule violations.
- Level IV Hearings—Hearings of this type are used to determine if a youth will be detained in a community detention facility (juvenile or adult) or in a TJJD security unit until a pending Level I or II Hearing can be conducted.
Youth have the right to appeal the outcome of all hearings. An OGC attorney handles all youth appeals and notifies the youth of the result.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
While we maintain statistics of the number of hearings held, and the outcome of the hearing and appeals, we do not measure how much due process youth receive. The function is effective in its ability to address a high volume of incidents each calendar year. In 2019 and 2020, 6,616 and 7,889 rule violations were given Level II hearings respectively. During the first seven months of 2021, this figure was 3,936. If 2021 is extrapolated to the end of the calendar year, the figure would be 6,747.
The total number of Level I hearings for calendar year 2020 was 129.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank. N/A
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
See Attachment K: TJJD Due Process Hearings Manual.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
There are no other programs we are aware of that provide the service we provide.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts. N/A
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
When a youth on parole status is considered for revocation of their parole, TJJD may work with outside law enforcement regarding any pending charges against the youth. This often includes having officers or witnesses testify at the youth revocation hearing. Alternatively, TJJD may also defer pursuing revocation of parole status at the request of prosecutors. This typically occurs when a prosecutor has concerns about witnesses.
K. If contracted expenditures are made through this program please provide
- a short summary of the general purpose of those contracts overall; The law requires that youth be represented by counsel during certain due-process hearings, e.g., parole revocation. This function contracts outside legal counsel to assist with hearings and serve as advocates for youth in those hearings.
- the amount of those expenditures in fiscal year 2020; $47,700.56
- the number of contracts accounting for those expenditures; 30
- the method used to procure contracts; Directly awarded without solicitation. The rates are set by TJJD and TJJD will contract with any attorney in good standing who wishes to take cases involving TJJD youth. Work is apportioned based upon geography, i.e., location of the youth and attorney, and counsel’s ability to accept the case on short notice.
-
top five contracts by dollar amount, including contractor and purpose;
- CON0001034 – maximum contract amount of $16,155 with Michelle Latray for outside legal counsel.
- CON0001012 – maximum contract amount of $10,599.08 with Jerry Ware for outside legal counsel.
- CON0001037 – maximum contract amount of $5,700 with Jennifer Deen for outside legal counsel.
- CON0001038 – maximum contract amount of $5,090 with Darcy Deno for outside legal counsel.
- CON0001014 – maximum contract amount of $5,000.54 with Don Cartwright for outside legal counsel.
- the methods used to ensure accountability for funding and performance; and TJJD follows the Texas Comptroller of Public Accounts’ (CPA) Statewide Procurement Division’s (SPD) procurement guidelines as articulated in the State of Texas Procurement and Contract Management Guide. TJJD has also standardized many of its contracting documents and requires review by an attorney of any non-standard language. TJJD has also put in place a requirement that ensures all contract requestors and approvers certify that they do not have a conflict of interest for that matter. Finally, all members of the TJJD Contracts Team have earned the Certified Texas Contract Manager certification by the Texas CPA's office.
- a short description of any current contracting problems. N/A
Sections L-P: N/A
Legal Education and Technical Assistance and Record Services
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Legal Education and Technical Assistance Location/Division: Office of General Counsel
- Contact Name: Kaci Singer
-
Statutory Citation for Program: Human Resources Code §221.005
- Name of Program or Function: Record Services (Open Records and Record Retention) Location/Division: Office of General Counsel
- Contact Name: Karol Davidson
- Statutory Citation for Program: N/A
B. What is the objective of this program or function? Describe the major activities performed under this program.
Legal Education and Technical Assistance
The agency has a statutory mandate to provide educational training and technical assistance to counties, juvenile boards, and probation departments for the purpose of promoting compliance with TJJD standards and to assist them in improving the operation of probation, parole, and detention services. TJJD fulfills this mandate, in part, through the operation of a Legal Help Desk, which allows people to contact agency attorneys by phone or email with questions. The attorneys provide information in response to the questions, such as pointing the asker to a statute, explaining a history of the law in question, or interpreting a TJJD standard. The attorney provides legal information, not legal advice, as the askers are not clients. In addition, the agency continues to publish Texas Juvenile Law, a treatise book originally authored by the late Robert O. Dawson, which details the history and current state of juvenile law in Texas, including analysis of both statutes and court cases. Attorneys for the agency provide legal training through both in-person training and online webinars, which may be used toward the training hours required for certified officers.
Record Services (Open Records and Record Retention)
The records section is responsible for responding to requests for agency records and information and with ensuring the agency complies with state laws regarding records management.
Records/Information Requests
- Public Information Act requests
- Subpoenas
- Civil discovery requests when TJJD is not a party to the case
- Interagency records requests (State and Federal)
- Other right of access requests
Records Management
- Administer the agency records management program
- Ensure agency compliance with records management laws
- Survey agency records and prepare and submit a records retention schedule to TSLAC
- Records disposition and approval
- Disposition of youth Master files
- Provide training and information to agency staff on records management
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
Legal Education and Technical Assistance
We do not measure the effectiveness; this is a resource for external entities.
Record Services (Open Records and Record Retention)
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
Legal Education and Technical Assistance
The requirement to provide educational training and technical assistance to counties, juvenile boards, and probation offices to promote compliance with standards and to assist the local authorities in improving the operation of probation, parole, and detention services was included in the Texas Juvenile Probation Commission’s initial enabling legislation in 1981. (Human Resources Code §75.043, which became Human Resources Code 141.043 in a 1989 non-substantive revision.) The requirement remained when the agency functions were merged into TJJD (Human Resources Code §221.005.)
The agency historically had multiple attorneys dedicated to this function and to being experts on Texas juvenile law and TJJD standards. Over time, as the number of FTE’s for attorneys has been reduced, there are no attorneys solely dedicated to this function. Instead, one attorney is designated as the attorney for county matters and serves this role along with other roles. Additionally, due to funding constraints, on-site trainings are limited to locations where no travel costs, save for use of an agency vehicle, are involved unless the entity putting on the training is a non-juvenile probation department, as agencies are statutorily prohibited from having travel reimbursed by entities the agency regulates.
Record Services (Open Records and Record Retention)
Through agency transitions, TJJD has continually operated a records program that performs the agency functions for responding to requests for agency/state records and maintaining a records management program as required by Chapter 552, Texas Government Code and section 441, Subchapter L, Texas Government Code.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
Legal Education and Technical Assistance
Legal Help Desk. Questions come in via phone or email and are answered by an attorney.
On-Line Training. Presentations on legal topics are prepared and shared online.
In-Person Training. An attorney presents on legal topics at the JPO Basic Training for new hires. Attorneys are invited by local juvenile probation departments to speak on legal topics, such as juvenile records. Attorneys are invited by organizations to speak (e.g. Juvenile Justices Association of Texas, Texas District and County Clerks Association).
Dawson Book. Attorneys edit the book every 4-6 years to include law changes, case law updates, and attorney general opinions. The book is self-published through an online website that allows people to order it for themselves if they wish to have a hard copy. A digital version of the book is made available on TJJD’s website at no cost.
Record Services (Records Requests and Record Management)
Records Requests
- Receipt of Requests. The agency receives requests for records via mail, email, or through personal delivery. Records sent via email are required to be submitted to the designated open records email address. Within two (2) business days of submission of a request, the request is entered into the records request tracking system and an electronic file for the request is created. An acknowledgment letter is sent to the requestor to the contact information provided by the requestor. The acknowledgment letter will provide the tracking number for the request and the date the request is considered submitted.
-
Processing Request. TJJD is required to provide access to public information during regular office hours. This access includes viewing or inspecting, and copying the records. A requestor can inspect the information requested, TJJD can provide a copy of the information, or the requestor can bring a copying device to copy the records.
After a request is received and reviewed, a memo is sent to the proper administrator or facility superintendent and the liaison for the administrator believed to possess or have access to the documents or information that is responsive to the request. The memo details the information that is requested, requests information needed for additional clarification, asks the administrator to provide an estimate of time it will take to complete the request, and provides the due date for the request. Requests are typically required to be provided to the records section within five (5) business days of the date of the memo.
The responsive information is submitted to the records section for review of whether the information can be released or whether the agency will assert an exception for releasing the information as provided for in the PIA. Agency staff submitting the responsive information to the records section should include details on whether there may be an exception to releasing the information. TJJD staff should submit the responsive information to
If there is responsive information to the request, the records section will:- Send the responsive information to the requestor via the method provided in the request;
- Send the responsive information with confidential or privileged information redacted and include the reason for withholding the redacted information (applicable exception); or
- Submit a request to the attorney general’s office for a determination of whether the information can be withheld as provided in the PIA.
If a requestor wants to inspect information, rather than receive copies, the department or facility that has the information will schedule a time for the requestor to inspect the records. If there is no responsive information, a letter is sent to the requestor indicating there is no responsive information.
TJJD is required to provide members of the public access to public information within ten (10) business days of the request or request. The ten (10) business day requirement begins on the date the request is received from the requestor or the date in which all clarifications have been completed. If a requestor fails to respond to a request for clarification TJJD is not required to provide responsive information that needed clarification. If the responsive information cannot be provided within ten (10) business days, TJJD must certify the fact to the requestor and provide a date and time when the records will be available. The records request is closed in the Records Tracking System after TJJD provides the responsive information to the requestor. TJJD charges for the cost of records as allowed by the Public Information Act and Texas Attorney General administrative rules.
Subpoenas, Interagency Requests, Rights of Access Requests
All subpoenas, interagency requests, or right of access requests are logged, tracked, and processed using the same procedures for public information requests. Subpoenas for youth records are sent to the case manager for the youth who is the subject of the subpoena to put in the youth’s master file. For youth who are discharged, the subpoena is uploaded or sent to Neubus to include in the file. Interagency requests include requests from the Texas legislature or other Texas state agencies with a right to receive confidential youth records and other information. Right of access requests include requests from youth or a youth’s parent, monitoring entities such as Disability Rights Texas, and individuals or entities who represent a youth or are authorized to receive information pursuant to a court order.
AG Opinions
The TJJD attorney working with the records section prepares and submits requests for opinions to the attorney general for a determination of whether requested information may be withheld. An initial request for an opinion must be submitted within 10 business days of submission of the request. The documents and a brief explaining the reasons TJJD is asking to withhold the information must be submitted within 15 business days of submission of the request. If a clarification is needed on a request, the 10-day and 15-day time periods for submitting a request for an opinion begin on the date the requestor provides clarification of the information.
Submission of Monthly Reports to the Office of the Attorney General
The Records Management Specialist compiles and submits a monthly report to the Office of the Attorney General via the OAG website. The report includes the number of requests processed and associated costs for responding to requests. The report is generated through the Records Request Tracking System. A metrics report with information concerning the date a request is received, category for the request, type of request, staff person who filled the request, date received, date due, date records are sent, and completion/closure date can be generated through the Records Request Tracking System.
Records Management
Masterfile Processing. The Masterfile is a record of the official documents concerning youth committed to TJJD. The Masterfile consists of five sub-files, casework, education, security, DFPS and RRP. The records section is responsible for maintaining a list of documents that are required to be included in the Masterfile and for processing the Masterfile for disposition after a youth is discharged from TJJD. Facility staff purges each sub-file and forwards the remaining documents to the records section at North Loop for permanent retention. The education and security sub-files are created at intake and move with the youth to secured facilities only. The DFPS sub-file is only created if the juvenile is being monitored by DFPS. The RRP sub-file is created at Central Office when a juvenile is up for review. The RRP sub-file is maintained at Central Office.
The records management specialist runs a yearly report listing the youth who have been discharged seven years previously. The list is sent to the corresponding facilities or programs with the direction to purge records that can be destroyed and submit records that must be maintained for disposition to the record department. Once files have been purged, the records liaison for the facility or program, sends the files to the record warehouse for processing. There are records kept for further retention are sent to Neubus to be scanned into the electronic system.
Retention Schedule. TJJD’s records retention schedule identifies and describes the agency’s records and the lengths of time that each type of record must be retained. The records department is responsible for maintaining the agency retention schedule to TSLAC and processing recertifications and amendments to the schedule. For agency records that do not have a current retention series, agency records liaisons work with the Records Management Officer and/or Records Management Specialist to create a new retention series.
Sealed Records. When a court orders a youth’s records sealed, TJJD is required to seal all records relating to the youth and send verification to the issuing court that the records have been sealed. Facility and program staff are required to send all records for the youth to central office for sealing. Only the custodian of records is authorized to access records that have been sealed.
Records Disposition. All agency records have a retention series that describes what the records are and the disposition requirements for the records. When the records have met their retention period, agency staff complete a request for authorization to destroy records to the records department. The records management officer or the records coordinator reviews the request to determine whether the records are eligible for destruction. Facts taken into consideration are whether there are any legal holds for litigation or claims, open records requests, or administrative proceedings pending that involve the records. If there are no reasons to retain the information and the retention period for the records has expired, the records are approved for destruction. The requesting staff person, destroys the records as approved and submits verification of the destruction of the records to the records department.
Litigation Holds. The records department tracks all requests for holds on agency records and reviews the information when requests for destruction are submitted.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
There are no other programs we are aware of that provide the services we provide.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts. N/A
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
Legal Education and Technical Assistance: N/A
Record Services (Open Records and Record Management)
Texas State Library and Archives – Maintaining the agency retention schedule, records required to be submitted to the State Archives, technical assistance with records management requirements.
K. If contracted expenditures are made through this program please provide
-
short summary of the general purpose of those contracts overall; The records department contracts with Neubus for long-term storage of youth records in an electronic document management system. The system is compliant with all federal and state laws and regulations for securely maintaining both criminal justice information and medical information.
Additionally, the records department has a contract with the Texas State Library storage services is for the storage of TJJD records. -
the amount of those expenditures in fiscal year 2020; $78,248.96. There was also a one-time expense of $29,226 using other Office of General Counsel funds for a Neubus security upgrade to a CJIS and HIPPA compliant system.
-
the number of contracts accounting for those expenditures; 2
-
the method used to procure contracts; These contracts were procured through a purchase order with a DIR-contracted vendor and an interagency contract with the Texas State Library.
-
top five contracts by dollar amount, including contractor and purpose;
-- CON0001110 – maximum contract amount of $85,000 with Neubus, Inc. for long-term electronic storage of youth records.
-- CON0001102 – maximum contract amount of $2,000 with the Texas State Library for records storage services. -
the methods used to ensure accountability for funding and performance; and TJJD follows the Texas Comptroller of Public Accounts’ (CPA) Statewide Procurement Division’s (SPD) procurement guidelines as articulated in the State of Texas Procurement and Contract Management Guide. TJJD has also standardized many of its contracting documents and requires review by an attorney of any non-standard language. TJJD has also put in place a requirement that ensures all contract requestors and approvers certify that they do not have a conflict of interest for that matter. Finally, all members of the TJJD Contracts Team have earned the Certified Texas Contract Manager certification by the Texas CPA's office.
- a short description of any current contracting problems. N/A
Sections L-P: N/A
Discipline of Certified Officers
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Discipline of Certified Juvenile Probation Officers, Juvenile Supervision Officers, and Community Activities Officers
- Location/Division: Office of General Counsel
- Contact Name: Kaci Singer
- Statutory Citation for Program: Human Resources Code § 222.053
B. What is the objective of this program or function? Describe the major activities performed under this program.
The agency is statutorily required to certify juvenile probation officers, juvenile supervision officers, and community activities officers who work in the juvenile probation departments and juvenile facilities that the agency regulates (not the ones the agency operates or contracts with). The agency is authorized to impose discipline on these certifications in the form of written reprimand, suspension, or revocation. A suspension may be an active suspension or a probated one (or a combination of the two). Discipline may be imposed if a certified officer has been found to have abused, neglected, or exploited a juvenile or to have violated the Code of Ethics adopted by the Texas Juvenile Justice Board. A person recommended to receive discipline in the form of suspension (active or probated) or revocation has the opportunity to request a hearing before the State Office of Administrative Hearings (SOAH). The Texas Juvenile Justice Board is responsible for imposing the discipline in an open Board meeting. Their decision may be appealed.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
We do not measure the effectiveness. We are required to appropriately act on certifications in order to protect children in the care of local probation departments and facilities.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
The discipline of certified officers was a function of the prior Texas Juvenile Probation Commission, as the state’s oversight agency for juvenile probation and local juvenile justice facilities. It was adopted into law in 1987 in former Section 75.0423, Human Resources Code. In 1989, the statute was re-designated as Section 141.064 and in 2011 as Section 222.053.
In the 2009 Sunset review, the Sunset Advisory Commission identified ways in which TJPC’s certification process did not comport with model standards for occupational licensing and recommended that changes be made to make it comport.
The law changes were made in response to the recommendations:
- The agency was given statutory authorization to require continuing education for certification renewal.
- The agency was required to provide quarterly reports to its governing board on the final resolution of abuse, neglect, and exploitation complaints from local juvenile probation departments and facilities.
- Certified officer disciplinary hearings were transferred from the agency to the State Office of Administrative Hearings;
- The agency was given statutory authorization for the use of probated suspension as a disciplinary option for certified officers.
- The agency was given statutory authorization of the temporary suspension of an officer’s certification in instances where continued employment posed a risk of harm to children.
- Statutes were clarified to provide that certified officers have the right to appeal agency actions to district court under the substantial evidence standard.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
Attorneys in the Office of General Counsel are responsible for the discipline process as it is a legal process. Referrals to the disciplinary attorneys come from the Office of Inspector General’s department that conducts abuse, neglect, and exploitation for juvenile probation departments and local facilities regulated by TJJD as well as from the departments and facilities themselves. When the Office of Inspector General’s investigation confirms that a person has engaged in abuse, neglect, or exploitation or confirms that some wrongdoing was committed that might violate the Code of Ethics but did not confirm abuse, neglect, or exploitation occurred, the case is forwarded to the disciplinary attorneys. (The exception is when there has been a confirmation of abuse, neglect, or exploitation that the certified officer has appealed and that the appeals attorney has overturned on appeal.) When a local juvenile probation department or facility has determined a certified officer has violated the Code of Ethics in a manner that is not related to abuse, neglect, or exploitation, the local department or facility is required to refer the matter to the disciplinary attorneys for possible action.
Upon receipt of a referral, the assigned disciplinary attorney reviews the facts of the case and takes into account any present aggravating and mitigating factors before determining a recommended discipline. The attorney emails the chief juvenile probation officer and facility administrator with the attorney’s proposed recommendation and gives them the opportunity to provide input, should they desire. The attorney’s recommendation may change based on this input. The disciplinary attorneys meet with executive staff and the General Counsel and present the facts of each case and proposals; a determination of the agency’s initial disciplinary proposal is made.
The disciplinary attorney develops a petition with the proposed discipline and it is sent to the certified officer to begin the formal process. The person must respond in writing within 20 days or a default may be taken, resulting in the requested discipline being imposed by the Texas Juvenile Justice Board. When the person responds, the disciplinary attorney will work with the person to reach an agreed disposition. Defaults and Agreed Orders are presented to the Texas Juvenile Justice Board for final decision at most board meetings.
When no agreement can be reached, the matter goes before the State Office of Administrative Hearings, and the agency is required to prove the alleged misconduct and explain its proposed discipline. The Administrative Law Judge prepares a Proposal for Decision that includes findings regarding the alleged misconduct and its recommendation for appropriate discipline, if any. After responses by the parties and any changes to the Proposal for Decision as a result, the matter is presented to the Texas Juvenile Justice Board. Except for narrow exceptions, the Board is bound by the Administrative Law Judge’s findings of facts. However, if misconduct is proved, the Board is not bound by the Administrative Law Judge’s disciplinary recommendation.
Statute provides that a chief on the Texas Juvenile Justice Board must self-recuse in matters involving the discipline of officers from the chief’s county. In practice, though not required, all Board members tend to self-recuse when discipline is sought against an officer from the Board member’s county.
In serious cases where a person’s continued certification poses a risk to the children in the Texas juvenile justice system, the executive director is authorized to convene a panel of three Texas Juvenile Justice Board members who may temporarily suspend the person’s certification. This prevents the person from working in a position requiring certification until the discipline process may be completed.
Final outcomes of officer discipline cases are included in both the officer certification database (ICIS) and published on the TJJD website.
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
There are no other programs we are aware of that provide the service we provide.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts. N/A
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
As mentioned above, TJJD certifies juvenile probation officers, juvenile supervision officers, and community activities officers that work the juvenile probation departments and juvenile facilities that the agency regulates.K. If contracted expenditures are made through this program please provide
- a short summary of the general purpose of those contracts overall; Per statute, TJJD must provide a set amount of money to SOAH each year based on prior years’ use of SOAH resources for TJJD’s hearings.
- the amount of those expenditures in fiscal year 2020; $6,300
- the number of contracts accounting for those expenditures; 1
- the method used to procure contracts; Interagency Contract with the State Office of Administrative Hearings.
- top five contracts by dollar amount, including contractor and purpose; CON0001094 – maximum contact amount of $6,300 with State Office of Administrative Hearings for assistance with officer discipline hearings.the methods used to ensure accountability for funding and performance; and TJJD follows the Texas Comptroller of Public Accounts’ (CPA) Statewide Procurement Division’s (SPD) procurement guidelines as articulated in the State of Texas Procurement and Contract Management Guide. TJJD has also standardized many of its contracting documents and requires review by an attorney of any non-standard language. TJJD has also put in place a requirement that ensures all contract requestors and approvers certify that they do not have a conflict of interest for that matter. Finally, all members of the TJJD Contracts Team have earned the Certified Texas Contract Manager certification by the Texas CPA's office.
- a short description of any current contracting problems. N/A
L. Provide information on any grants awarded by the program. N/A
M. Are there any barriers or challenges that impede the program’s performance, including any outdated or ineffective state laws? Explain.
Because TJJD certifications are unique among most certifications in that a person will begin working prior to being certified, individuals who commit acts before they are certified that would result in discipline if certified cannot be disciplined. This creates a gap in TJJD’s ability to protect children. TJJD has taken actions to minimize this gap in instances in which the probation department terminates the employment of the person by flagging these persons as ineligible for certification in the system and by requiring probation departments and facilities to search for that flag before hiring an individual. However, the fact that TJJD has no statutory mechanism to prevent the certification in the event the person were to remain employed leaves a gap that TJJD cannot unilaterally close. It would be useful to have statutory authorization for a provisional certification that could be revoked or suspended when appropriate.
At the time the officer discipline hearings were moved to SOAH, SOAH was funded by the legislature. That funding mechanism changed some years back, requiring agencies to provide an amount of money each fiscal year to SOAH based on the agency’s use of SOAH for a certain term of years looking back. TJJD generally makes infrequent use of SOAH, but the need for SOAH is at the discretion of certified individuals, not TJJD. It is challenging to accurately estimate the necessary payment.
Despite the role of certified officers in the juvenile justice system, Occupations Code Chapter 53 applies to the officers that TJJD certifies. Recent changes mean that TJJD is statutorily required to take certain factors of a criminal history into account before denying or revoking a certification. Given the unique nature of juvenile justice work, it might be more appropriate to make that chapter inapplicable to TJJD’s certified officers in the same manner that it is inapplicable to adult law enforcement occupations under Chapter 1701, Occupations Code.
N. Provide any additional information needed to gain a preliminary understanding of the program or function. N/A
O. Regulatory programs relate to the licensing, registration, certification, or permitting of a person, business, or other entity. For each regulatory program, if applicable, describe why the regulation is needed;
- the scope of, and procedures for, inspections or audits of regulated entities;
- follow-up activities conducted when non-compliance is identified;
- sanctions available to the agency to ensure compliance; and
- procedures for handling consumer/public complaints against regulated entities.
The regulation is needed because it applies to individuals who work with children in the juvenile justice system, often having unsupervised access to those children.
Certified officers are audited to training and criminal background standards annually as part of the annual monitoring and inspections audit.
When non-compliance is noted, the agency works with the non-compliant entity to gain compliance, whether that be getting a person’s certification and training updated or ensuring a person is no longer working in a position requiring certification if the person is ineligible to do so. Sanctions available to the agency include discipline on the individual as well as suspension of funds to the employing entity.
Section P: N/A
Policy Standards Development and Interpretation
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Policy and Standards Development and Interpretation
- Location/Division: Office of General Counsel
- Contact Name: Kaci Singer
- Statutory Citation for Program: Human Resources Code §§203.001, 203.004, 221.002, 221.003, 221.004, 222.003, 242.003, 242.004, 242.008, 242.010, 242.056, 242.101, 243.001, 244.001, 244.0106, 245.001, 245.101, 245.104
B. What is the objective of this program or function? Describe the major activities performed under this program.
The agency has two main responsibilities: 1) to provide services to children committed to the Texas Juvenile Justice Department and 2) to create and enforce standards for local juvenile probation departments and facilities. Both of these major responsibilities require the creation of administrative rules and policies as well as the interpretation of those rules and policies. This responsibility is administered through the Policy Section of the Office of General Counsel.
With regard to administrative rules and policies governing TJJD, the police division assists the division’s responsibility for the rules and policies in drafting necessary changes as well as in identifying all rules, policies, and forms impacted by any proposed changes. The division also helps to ensure that changes are consistent with laws and settlement agreements applicable to the agency.
With regard to standards (administrative rules) governing juvenile probation departments and facilities regulated by TJJD, the policy division works with members of the Advisory Council on Juvenile Services and other TJJD employees from the Probation Services division and the Monitoring and Inspections division on drafting changes to existing standards as well as new standards when required by statute. The policy division helps to ensure drafted standards are monitorable and enforceable, are consistent with statute, and do not conflict with other standards.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
We do not measure the effectiveness. We are required to have rules, standards, and policies.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank. N/A
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
Internal Administrative Rules and Policies
Rules and policies are generally controlled by the agency divisions they impact. When a division wants to initiate a policy change, they submit a Policy Proposal form to the policy division. Policy writers work with the necessary employees to draft the requested change, which includes determining if additional policies need to be changed. The policy attorney is also involved in determining if requested changes are consistent with laws that govern the agency. Sometimes workgroups are necessary for policy drafting and sometimes they are not. The process involves multiple discussions and draft exchanges between the policy division and the division requesting the changes to get the best possible version. It then goes through additional review for final editing before it is sent to the appropriate staff for approval. Administrative rules are presented to the Texas Juvenile Justice Board for approval to post in the Texas Register. The Board typically gives conditional approval to adopt the rules after posting as long as no comments are received and no substantive changes are made after posting. Otherwise, the rules go back to the Board for approval to adopt. Policies that do not require board approval receive final approval from the Executive Director.
Standards for Juvenile Probation Departments and Facilities
Revisions to standards for juvenile probation departments and facilities are developed in partnership between the agency and employees of the juvenile probation departments and facilities. When a standard is identified for revision or creation, the Advisory Council on Juvenile Services’ Standards Committee identifies people to serve on a workgroup. The agency also identifies its employees to serve on the workgroup. This typically involves the policy division, members of the Probation Services division, and members of the Monitoring and Inspections division. These are typically in-person work groups that methodically move through the standard working together to draft language that is clear, objective, monitorable, and enforceable. The TJJD policy attorney is on the work group and helps to ensure the standards are consistent with relevant statutes. After approval from the workgroup and appropriate agency staff, the standards are presented to the Texas Juvenile Justice Board and follow the same process as internal administrative rules that are presented to the Board.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
There are no other programs we are aware of that provide the service we provide.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts. N/A
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
With regard to standards, the program works with employees of the juvenile probation departments and facilities that the agency regulates. This helps to ensure the standards are implementable and reasonable.
K. If contracted expenditures are made through this program please provide
- a short summary of the general purpose of those contracts overall; The Office of General Counsel contracts with HHSC for utilization of Westlaw, an online legal research tool.
- the amount of those expenditures in fiscal year 2020; $4,006.08
- the number of contracts accounting for those expenditures; 1
- the method used to procure contracts; Interagency contract with the Health and Human Services Commission. As HHSC is a much larger agency, this allows TJJD to pay a significantly lower price for this service.
- top five contracts by dollar amount, including contractor and purpose; CON0001128 – contract without Not to Exceed amount with the Health and Human Services Commission for utilization of Westlaw.
- the methods used to ensure accountability for funding and performance; and TJJD follows the Texas Comptroller of Public Accounts’ (CPA) Statewide Procurement Division’s (SPD) procurement guidelines as articulated in the State of Texas Procurement and Contract Management Guide. TJJD has also standardized many of its contracting documents and requires review by an attorney of any non-standard language. TJJD has also put in place a requirement that ensures all contract requestors and approvers certify that they do not have a conflict of interest for that matter. Finally, all members of the TJJD Contracts Team have earned the Certified Texas Contract Manager certification by the Texas CPA's office.
- a short description of any current contracting problems. N/A
Sections L-P. N/A
Standards Development, Interpretation, and Technical Assistance
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: StandardsDevelopment,InterpretationandTechnicalAssistance
- Location/Division: Probation Services Division
- Contact Name: Scott Friedman
-
Statutory Citation for Program:
- Texas Human Resources Code, Title 12., Subtitle B., Chapter 221
- Sec. 221.002. General Rules Governing Juvenile Boards, Probation Departments, Probation Officers, Program, and Facilities
- Sec. 221.004. Standards Relating to Local Probation Departments
- Sec. 221.005. Training and Assistance to Local Authorities
- Texas Government Code, Title 10., Subtitle A., Chapter 2001, Subchapter A. (Short Title: Administrative Procedures Act)
- Texas Human Resources Code, Title 12., Subtitle B., Chapter 221
B. What is the objective of this program or function? Describe the major activities performed under this program.
The primary objective of the standards development, interpretation, and technical assistance function is to ensure there is a comprehensive and coordinated process for the development and ongoing review of the Texas Administrative Code (TAC) rules (i.e., standards) TJJD is required to establish by the Texas Human Resources Code (HRC) relating to county juvenile probation department operations and services. The process ensures established standards are consistently interpreted and communicated across all agency divisions. Major activities include:\
- Coordinating with division and other agency staff (primarily the Office of General Counsel, Monitoring and Inspections Division, and Office of Inspector General) to identify concerns with existing standards, and potential need for new standards.
- Coordinating with the Advisory Council on Juvenile Services to address any of Advisory Council’s concerns and/or recommendations relating to standards, and presenting all agency identified standards review and revision considerations to the Council for its review and recommendations. This activity is directly related to the HRC Sec. 203.0081 requirement that the Advisory Council assist the TJJD in reviewing and proposing revisions to existing or newly proposed standards affecting juvenile probation departments and analyzing the potential cost of new standards on probation departments;
- Coordinating and facilitating internal and external stakeholder workgroups relating to the review, revision, and implementation of standards;
- Providing analysis of existing and proposed standards’ financial and programmatic impact on local-level juvenile justice programs and facilities and assisting with the development and compilation of information or documentation for consideration by TJJD executive management and the Texas Juvenile Justice Board regarding recommendations and determinations related to standards;
- Preparing written staff summaries of applications for temporary waiver and permanent variance from agency standards for TJJD executive management and Board consideration;
- Preparing and cataloging standards interpretation and modification notices and related education/technical assistance bulletins and assisting agency training personnel in developing and presenting standards-related curriculum for juvenile justice system practitioners;
- Analyzing justice system-related state and federal legislation (active and proposed) to assess its potential impact on agency and local justice system policy, practices, and standards and researching national juvenile justice standards, best practices publications, and current trends relating to the development of model juvenile justice systems.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
The probation services division’s staff have participated in standards review and revision efforts for TAC Chapters 343 (from 2012-2013 and again from 2015-2017), TAC Chapter 341 (2016- 2017), TAC Chapter 344 (2014 to 2017). The division led the more recent effort (2019 to present) to create that agency’s first dedicated TAC Chapter for Substance Use Treatment Facilities and Programs (TAC Chapter 353). In addition to these entire chapter review efforts, the division has participated in the ad hoc review and revision of several standards.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
From the inception of TJJD, the agency’s Probation Services Division has facilitated the agency’s review of existing standards and development and adoption of new standards. In FY 2021, a position within the division was created to organize and lead these efforts, providing more consistent support to standards development, interpretation and technical assistance.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected.
This function directly impacts Texas’ 165 county-level juvenile boards and the probation departments and their professional staff, as well as the eight privately operated juvenile secure pre- and post-adjudication facilities operated under a contract with a local government entity (typically a juvenile board and/or county commissioner courts). To a lesser degree, these departments’ oversight juvenile boards are also impacted by some Texas Administrative Code rules, with several of these standards simply being supportive of existing statutory requirements. Finally, because many of these standards have direct service delivery implications, this program’s functions impacts juveniles referred to the county juvenile probation departments and their families.
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
The administration and oversight of this function resides within the probation services division. In the past, tasks supporting this function were assigned to multiple division staff, based on the standards being reviewed or issues arising. The recently created Probation System Policy and Program Specialist position now coordinates this function with support and assistance from other division and agency staff. The program specialist position reports directly to the director of probation services, who in turn reports to the deputy executive director of probation services.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
TJJD is not aware of any external entities that either replicate or supplement the core activities specific to standards development, interpretation and technical assistance. There are various other agency divisions involved with the probation services division in developing, interpreting, and providing training and technical assistance guidance on standards regulating the juvenile probation system. These divisions include (listed in order of prevalence/frequency):
- the Monitoring and Inspections Division (typically TAC Chapters 341-343, 351, and 255);
- the Probation Training and Certification Section (TAC Chapter 344);
- Enterprise Support Team (TAC Chapter 341, Subchapter F. Data Collection);
- the Office of General Counsel (typically standards with overarching legal implications, and TAC Chapters 345, 349 and 352); and
- the Office of Inspector General (Chapters 350, 353, and 358).
While these divisions and division sections provide supportive training and technical assistance guidance regarding standards, outside of the autonomous Office of Inspector General, review of existing standards and recommendations for new standards rest primarily with the probation services division. Additionally, the probation services division takes primary responsibility for communication with local juvenile board and probation departments on standards issues that arise and coordinating discussion of standards with the agency’s advisory council and various other probation system stakeholders.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.
TJJDs primary regulatory responsibilities emanate from Texas Human Resource Code (HRC) Sections 221.002 and 221.004, which collectively require the agency to develop rules relating to juvenile board and probation departments’ operations, juvenile offender record collection and reporting, officer education/training and ethics, and many of the core probation service delivery programs (e.g., secure and non-secure residential facilities, Juvenile Justice Alternative Education Programs (JJAEP), substance use programs, etc.).
As a comprehensive agency responsibility, the facilitation of this regulatory function does not rest with a single division within the agency, but is a shared responsibility distributed across several different divisions. In this shared strategy, each division takes a leadership role in different aspects of agency standards. While other divisions carry the main regulatory functions of incorporating state statutes into agency rules and implementing and ensuring adherence to standards, the probation services division is responsible for ensuring the agency’s standards meet the needs of juvenile probation departments and promote best practices in the Texas juvenile justice system.
Technical assistance in many varied forms is both a statutory responsibility (see HRC Sections 221.004 and 221.005) and an organizational hallmark of the agency’s relationship with local juvenile boards, juvenile probation departments, and their numerous ancillary local stakeholders (e.g., prosecutors, law enforcement, county commissioners courts, etc.) and is provided by numerous divisions within the agency. The probation system policy and program specialist is tasked with ensuring that standards-related technical assistance provided by agency staff is coordinated and consistent with agency-approved interpretations.
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
Outside of its various intra-agency coordination and communication strategies, the RITA program’s/function’s primary stakeholder group is local county juvenile probation departments and, by extension, their governing juvenile boards. This county constituency group is also represented by the Juvenile Justice Advisory Council, the seven regional probation chiefs’ and officer associations, and professional organizations such as the Juvenile Justice Association of Texas, Texas Juvenile Detention Association, and Texas Probation Association.
K. If contracted expenditures are made through this program please provide: N/A
L. Provide information on any grants awarded by the program. N/A
M. Are there any barriers or challenges that impede the program’s performance, including any outdated or ineffective state laws? Explain. N/A
N. Provide any additional information needed to gain a preliminary understanding of the program or function.
This function within the probation services division acts as the agency’s primary vehicle to facilitate the ongoing review of existing standards and the development of new standards for the TJJD Board’s consideration. This function is specific to standards applying to county-level juvenile probation departments, their governing juvenile boards, and private juvenile facilities operated under contract with local governmental entities. While there are several TAC chapters that have direct applicability to the agency’s internal functions, programs, facilities, etc., those chapters fall outside the scope of this function.
Sections O and P: N/A
Release Review Panel
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Release Review Panel (RRP)
- Location/Division: Office of General Counsel
- Contact Name: Lori Harris
- Statutory Citation for Program: Human Resources Code §§245.101-105
B. What is the objective of this program or function? Describe the major activities performed under this program.
The Release Review Panel (RRP or Panel) is a three-member panel appointed by the TJJD Executive Director to review youth committed to TJJD with an indeterminate sentence. The RRP determines whether a youth who has completed his/her minimum length of stay (MLOS) but has not otherwise met program-completion criteria should be discharged from TJJD custody, released under supervision, i.e., paroled, or given an extension to their MLOS.
In conducting their review, Panel members look at many things: juvenile history, participation in treatment programs and supervision prior to commitment to TJJD, overall behavior while in TJJD and current participation levels in school, group, and assigned treatment programs. The RRP also looks at a youth’s participation in the Positive Behavioral Support System, Reading Improvement Program, if required to enroll, and the Gang Intervention Program. If the youth does not meet participation requirements, the law does not allow the youth to be released.
After the RRP gathers and analyzes the available information, the three-member Panel discusses the youth’s progress. If needed, the RRP will call the case manager, the youth, or family members to clarify any informa
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
By statute, the TJJD Board by rule shall establish a Panel whose function is to review and determine whether a child who has completed the child's minimum length of stay should be discharged from the custody of the department. While we maintain statistics of the number of extensions granted by the Panel, as required by statute, we do not measure the Panel’s effectiveness.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank. N/A
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
Upon arrival at TJJD, non-sentenced offenders are assessed an initial minimum length of stay (MLOS). The initial MLOS is calculated based on the severity of the committing offense and an assessment of the danger the youth poses to the community. The initial MLOS can range from nine months for a low-severity committing offense for a youth with a low assessment rating, to 24 months for a high-severity offense for a youth with a high assessment rating. At least 30 calendar days prior to the expiration of a youth’s MLOS, the progress review team must determine whether or not the youth meets program completion criteria or is likely to meet such criteria on or before his/her MLOS date. If the progress review team determines the youth does not meet program completion criteria and is not likely to meet program completion criteria on/or before his/her MLOS date, they must submit to the RRP any information relevant to the decision on whether the youth needs additional rehabilitation in a residential placement.
Not later than 30 calendar days after expiration of the youth’s MLOS, the RRP must decide whether TJJD will discharge the youth, release the youth, or extend the youth’s stay in a residential placement. The Panel may extend the youth's stay only if the Panel determines by majority vote and on the basis of clear and convincing evidence that: (i) the youth needs additional rehabilitation from TJJD; and (ii) a residential placement will provide the most suitable environment for that rehabilitation. The Panel’s determination may include assessments of factors including:
(i) the youth’s efforts to reduce individual risk factors and increase individual protective factors;
(ii) degree and quality of the youth’s participation in available treatment programs;
(iii) behavior during the youth’s length of stay; and
(iv) participation in and/or completion of statutorily required or court-ordered treatment programs.
If the Panel extends the length of a youth’s stay, the Panel must (i) specify the additional period of time that the youth must remain in residential placements; and (ii) provide a written report explaining the reason for the extension to the youth, parent/ guardian, and any designated advocate. The report must be provided within 10 calendar days after the date of the Panel decision. Conversely, if the Panel determines that a youth's length of stay should not be extended, TJJD must release or discharge the youth within 15 calendar days after the date of the Panel’s decision. The Panel may be requested to reconsider both extension and release decisions.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
There are no other programs we are aware of that provide the service we provide.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts. N/A
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
If the youth is under investigation or being considered for prosecution for an alleged offense, the Panel will work with the investigating/prosecuting entity, typically TJJD’s Office of Inspector General (OIG), and/or the Special Prosecution Unit, to get an understanding of the pending matter and its status. This information helps inform the Panel’s decision to release or extend the youth being reviewed. If the youth has other pending charges, the Panel may also contact the District Clerk for that county.
The TJJD OIG is a statutorily created independent law enforcement agency at TJJD that is responsible for conducting criminal, abuse, neglect, and exploitation investigations and enforcing state laws on property owned or operated by or under the jurisdiction of TJJD. Similarly, the Texas Legislature established the Special Prosecution Unit (SPU) Juvenile Division in Senate Bill 653. The SPU assists District and County Attorney offices in prosecuting criminal investigations conducted by the TJJD OIG.
Sections K-P. N/A
Department of Sentenced Offender Dispositions
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Department of Sentenced Offender Disposition Team (DSO)
- Location/Division: Office of General Counsel
- Contact Name: Tami Coy
-
Statutory Citation for Program: The Texas Youth Commission, TJJD’s predecessor, established the Department of Sentenced Offender Disposition in July 1999
- Section 244.014, Human Resources Code
- Section 244.015, Human Resources Code
- Section 245.051, Human Resources Code
- Section 245.151, Human Resources Code
- Section 245.152, Human Resources Code
- Section 54.11, Family Code
B. What is the objective of this program or function? Describe the major activities performed under this program.
Determinate Sentencing is a blended sentencing system for the most serious offenses that provides for a youth to start in the juvenile system and receive a juvenile court transfer, as early as age 16, into the adult system to complete his or her sentence. The Department of Sentenced Offender (DSO) Disposition Team represents TJJD at transfer/release hearings for youth with a determinate sentence. They also process and review youth packets ensuring that TJJD policy and criteria have been met, and coordinate youth movement between TJJD and the TDCJ Institutional and Parole Divisions. Additionally, the DSO Team aids families of offenders, victims of offenders, TJJD personnel and court personnel in understanding juvenile law and TJJD policies related to sentenced offenders.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
While the DSO Team ensures TJJD complies with the statutory requirements related to sentenced offenders, it does not measure the Team’s effectiveness.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
Juveniles adjudicated for certain serious, violent offenses may receive a determinate sentence of up to 30 years. The Legislature cautiously selected only those Penal Code offenses against persons that would constitute capital or first-degree felony offenses. As the law originally was written, the first portion of the sentence was to be served in a secure facility managed by what was then the Texas Youth Commission (TJJD was formed in 2011, replacing TYC and merging with Texas Juvenile Probation Commission). Prior to the youth's 18th birthday, a hearing would be held before the committing court to determine what would happen next. There were three options: (1) Release the youth on parole and continue under TYC’s custody until age 21; (2) Discharge the youth from TYC’s jurisdiction; or (3) Transfer the youth to the Institutional Division of the Texas Department of Criminal Justice (TDCJ) for the balance of the sentence.
In 1995, the legislature added 11 offenses or categories of offenses eligible for a determinate sentence. Other amendments also specified that sentences could now range from a maximum of 10 years for third-degree felonies to a maximum of 40 years (for capital and first-degree felonies). Court hearings were eliminated for determinate sentenced offenders unless TYC authorities asked for: transfer of a youth to prison (between age 16 and 21); or release on parole before completion of the minimum length of confinement (which is ten years for a capital felony, three years for a first-degree felony, two years for a second-degree felony, and one year for a third-degree felony). In 2001, two other offenses were added to those eligible for a determinate sentence. In 2007, the law was changed again, requiring that sentenced offenders must be discharged from TYC supervision by their 19th birthday. If they have not completed their sentence prior to their 19th birthday or have not been transferred to TDCJ by their 19th birthday, they are transferred to adult parole supervision for the remainder of their sentence.
To ensure that these cases receive the oversight and attention required, TYC established the Department of Sentenced Offender Disposition in July 1999. The DSO Team continues to represent the agency at transfer hearings, approves release proceedings, and coordinates youth movement between the juvenile system and the TDCJ.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
State law requires a minimum period of confinement in a residential placement. The minimum period of confinement, which is set in Texas law, is based upon the severity of the offense. A youth with a determinate commitment is given an opportunity to participate in treatment in TJJD, but if the youth fails to progress in treatment or continues his or her delinquent behavior while in custody, he or she may be returned to court and ordered transferred to adult prison. This can happen any time after a youth turns 16, but before his or her 19th birthday. If a determinate commitment youth is successful in TJJD treatment and has completed his or her minimum period of confinement, he or she may be allowed to transfer to TJJD parole or adult parole, depending on the youth’s age at the time of parole, rather than to prison. Only a judge, not TJJD, can send a youth to prison.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences. N/A
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts. N/A
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
As mentioned above, TJJD works in coordination with committing courts to satisfy all statutory requirements.K. If contracted expenditures are made through this program please provide
- Sections K-P. N/A
Reentry Program
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Reentry Program
- Location/Division: State Programs
- Contact Name: Todd Novak
-
Statutory Citation for Program:
- Chapter 245, Texas Human Resources Code
- Section 59.009, Texas Family Code
B. What is the objective of this program or function? Describe the major activities performed under this program.
Centralized Placement Unit (CPU)
This unit:
- Researches, investigates, verifies, and summarizes all information collected during the intake of youth committed to the agency and uses this information for placement planning, and determining necessary program restriction levels;
- Determines and coordinates the most appropriate placement of such youth in a TJJD- operated or contracted facility, and coordinates subsequent movements with staff across agency divisions during the commitment;
- Monitors agency population trends and advises senior leadership regarding programmatic and operational needs related to these trends to proactively manage the secure population so that youth who should no longer be in secure placement are stepped down to less restrictive levels of service; and
- Acts as an “air traffic control system” to ensure that every youth is where they should be and no youth stays at TJJD any longer than they need to be.
Halfway House Programming
This programming:
- Implements programming toward becoming an integrated part of a fully trauma-informed system and the embodiment of “The Texas Model”;
- Provides rehabilitative services to low and moderate risk youth committed to TJJD as a direct assignment; however, the majority of youth are served as a transitional assignment after they have completed their stay in a secure facility;
- Provides care for youth’s basic needs, such as food, clothing, shelter, safety, medical care, legal rights, parenting, education, recreation, and spiritual needs;
- Provides housing for youth that are experiencing homelessness or are at risk of becoming homeless;
- Prepares youth to live independently; and
- Connects youth with community resources such as mentors, trade schools, college, employment opportunities, and special needs such as LGBTQ support.
Youth Services Contracts Program
This program:
- Solicits and develops contract care options to meet the changing needs of the agency and provides treatment options for youth in smaller settings;
- Monitors operational compliance, treatment deliverables, and the case management services provided to such youth at contracted facilities; and
- Manages movement and contracts more effectively to provide options to meet youth’s needs outside of TJJD’s secure facilities.
Reentry System and Parole Operations
These operations:
- Provide trauma-informed reentry services for our most vulnerable youth;
- Advance public safety through rehabilitation;
- Provide after-care and reentry planning that begins early to better ensure successful transition back to the community;
- Provide supports, supervision, and resources to youth on parole in the community through contracted and state-operated parole services;
- Establish and oversee program goals and objectives relating to an innovative, multifaceted and integrated reentry system;
- Coordinate the work of multiple divisions and external organizations involved in reentry functions to ensure seamless and successful transitions for youth;
- Aspire to become an integrated part of a fully trauma-informed system; and
- Track and analyze performance measures and positive youth outcomes.
Reentry and parole services delivers The University of Cincinnati’s Effective Practices in Community Supervision (EPICS) model, which “combines foundational correctional intervention research, coupled with recent findings in community supervision. Using this model, officers follow a structured approach to client sessions to apply the principles of effective intervention and core correctional practices specifically to community supervision practices.” Evidenced- based cognitive behavioral therapies such as, the behavior chain, cost benefit analysis, problem solving, and structured skills building are used to address youth’s individual criminogenic needs and are derived based on risk. This is the perfect complement to The Texas Model because trust and authoritative modeling is foundational. TJJD maintains a robust sustainability effort, which includes trainer of trainers and routine booster sessions with officers. In addition, officer/youth trust is measured by the Dual Role Inventory (DRI), which is used as a pre- and post-test measure to examine if the client-officer relationship has changed due to the EPICS model.
Victim Services & Sex Offender Registration Technical Support
This support:
- Affords victims of juvenile crime their rights under the law and recognizes their losses;
- Provides victims of juvenile crime, upon request, accurate and timely information in accordance with agency policy;
- Assists victims by acting as a referral source to available services;
- Ensures that TJJD personnel are trained in victim sensitivity issues and rights; and
- Develops youth awareness of how their delinquent behavior victimizes others.
In addition, the Administrator of Victim Service’s works closely with the verified victims of juvenile crime as well as the courts to ensure that victims are afforded all of the rights that they are allowed by law. This includes timely notification of all proceedings in which these victims are allowed to have input as well as information related to other resources and benefits that they may eligible to receive.
Similarly, the Sex Offender Registration Administrator works closely with TJJD facility staff, courts, and law enforcement in Texas as well as other states to ensure that court-ordered sex offender registration obligations are enforced lawfully and equitably per Texas statute.
Whether this includes the enforcement of standard Juvenile Sex Offender reporting requirements for youth who are being released from our facilities for any number of reasons, or ensuring that proper notification is provided to all required entities if sex offender registration obligations have been waived/deferred so that youth are not subjected to an unlawful registration obligation. This makes our mission not only a matter of public safety but also a matter of juvenile rights. Additionally, we work closely with DPS as well as former Juvenile Registrants, and law enforcement to provide the information required to ensure that sex offender records are removed from the Texas Sex Offender Registry in a timely manner.
Administration of the Parrie Haynes and John C. Wende Trust Funds
These trusts provide education funding for orphaned youth beyond their stay in the Texas Juvenile Justice Department.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
Centralized Placement Unit. Following the risk-needs-responsivity model, the placement department began bimonthly screenings of identified youth in institutional settings to ensure ongoing monitoring of the appropriateness of individual youth placement. The goal of this initiative was to ensure assigned placements were best suited to meet the needs and risk level of identified youth based upon their current progress in treatment and programming. The transitions of these appropriate and eligible youth to community-based settings allowed them the opportunity to receive ongoing treatment and increased monitoring, supervision, and support while in the community to better prepare these youth for their eventual return to home locations on parole. These efforts further decreased the potential of youth becoming institutionalized from remaining in a secure setting when their risk level and needs no longer required this. These screenings and other efforts resulted in the movement of approximately 320 youth from secure to nonsecure facility locations between July 1, 2020, to July 1, 2021.
In 2019, efforts were made to increase efficiencies regarding the orientation and assessment process that all youth receive following their initial commitment to TJJD. These efforts resulted in decreasing the time period for the assessment process from approximately 28 days to 21 days, thereby allowing for quicker youth movement from the orientation unit to their permanent placement assignment. This change allowed youth the opportunity to begin their individualized treatment programming at a quicker rate upon their arrival at their long-term placement.
Halfway House Programming. During FY 2020, 366 of 386 halfway house students (95 percent) who reported data received Medicaid. Additionally, of the 434 youth who stayed in a halfway house, 108 (25 percent) received their high school diploma or GED, and 65 (15 percent) completed their preparation for adult living or independent living programs.
Youth Services Contracts Program. During FY 2020, 114 of 203 youth (56.2%) successfully completed their program and stepped down from their program or were released to the community. Additionally, 275 treatment programs in contract care were completed by these 203 youth.
Reentry System and Parole Operations. During 2020, TJJD asked youth participating in reentry and parole activities whether these services are constructive. The response was overwhelmingly positive, with 72 percent of responses stating that their activities were constructive. This percentage consisted of 609 of 845 responses. Additionally, during FY 2020, 395 youth out of 947, or 42 percent, were successfully discharged from parole.
Victim Services & Sex Offender Registration Technical Support. The sex offender registration technical support team designed and delivered Sex Offender Registration Compliance training to all TJJD staff who are involved in the sex offender registration process.
Staff also identified and initiated removal from the Texas Sex Offender Registry 47 individuals whose duty to register for juvenile sex offenses had expired. Additionally, staff provided services to 56 victims of juvenile crime.
Administration of the Parrie Haynes and John C. Wende Trust Funds. There was a 39 percent increase in recipients from these funds from FY 2019 to FY 2020. One recipient graduated from a master’s degree program, another from a vocational-technical program in cosmetology, and 23 are enrolled in undergraduate programs. Tuition rates were lowered due to the COVID-19 pandemic. All colleges and universities gave recipients, on average, a $1,500 reduction in tuition because of the CARES Act.
See the following performance measures in Exhibit 2:
- Average Daily Population: Contract Programs
- Average Daily Population: Halfway House Programs • Reincarceration Rate: Within One Year
- Reincarceration Rate: Within Three Years
- Average Daily Population: Parole
- Average Daily Population: Contract Parole
- Average Daily Population: Aftercare Services
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank. N/A
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
The program is administered in accordance with the following rules in Chapter 380 of the General Administrative Policy Manual:
- 380.8539 Home Placement
- 380.8581 Supervision Levels in Parole Home Placement 380.8583 Financial Support for Reentry
- 380.8595 Parole Completion and Discharge
- 380.9190 Suicide Prevention for Parole
- 380.9504 Rules and Consequences for Youth on Parole 380.9551 Level I Hearing Procedure
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences. N/A
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts. N/A
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
- CLC – CLC, Inc. Tarrant County Juvenile Second Chance Act (SCA) Youth Offender Program Project
- Lubbock County JP – Mail and Parking Agreement
- Tyler TDCJ Parking Agreement
- TDCJ (TCOOMMI) Agreement
- Department of Vital Statics (ID agreement)
K. If contracted expenditures are made through this program please provide
- a short summary of the general purpose of those contracts overall; The contracted expenditures through this program provide high and medium secure contract residential placements, contract parole services, specialized aftercare for youth in the community and in halfway houses, lease halfway houses, and lease district offices for regional parole staff. The general purpose of contracted aftercare services is to ensure youth on parole receive continuity of care. Traditionally services have centered on behavioral health, substance use, and sex-offender aftercare treatment. These contacted services create an opportunity for youth to maintain sobriety and address childhood traumatic events through evidence-based interventions. Addressing aftercare needs of young people has the potential to improve individual health and reentry outcomes. The benefits also extend beyond the individual to the communities in which returning young people reside.
-
the amount of those expenditures in fiscal year 2020;
- Total reentry/parole services expenditures: $552,026.63
- Total contract care placement expenditure: $3,969,776.49
- TJJD-operated halfway house leases: $665,168
-
the number of contracts accounting for those expenditures;
- Reentry/parole services expenditures: 47 contracts
- Contract care placement expenditure: 9 contracts
- TJJD-operated Halfway House leases: 6 contracts
-
the method used to procure contracts; These contracts were procured through the following methods, depending on what was being procured:
- Texas Facility Commission lease
- Interlocal contract
- Directly awarded without solicitation
- Request for Proposal
- Invitation for Bid
- Interagency contract
-
top five contracts by dollar amount, including contractor and purpose;
- Reentry/Parole contracts:
- CON0000264 – maximum contract amount of $639,205.40 with Patterson Group Enterprises, LLC for the Fort Worth District Office lease.
- CON0000265 – maximum contract amount of $584,656.96 with Interra-Habitat Point West, LLC and PCRIF Point West Holdings, LLC (new owner of property as of 10/1/2019) for the Houston District Office lease.
- CON0000797 – maximum contract amount of $261,200 with Jefferson County for parole supervision of youth.
- CON0000796 – maximum contract amount of $235,000 with Taylor County Justice of the Peace for parole supervision of youth.
- CON0000266 – maximum contract amount of $241,290 with Bexar County for the San Antonio District Office lease.
- Facility contracts:
- CON0000310 – maximum contract amount of $11,900,000 with Rite of Passage, Inc. for contract residential placement at The Oaks facility. The daily rate of this contract is $189.20/day.
- CON0000309 – maximum contract amount of $10,200,000 with Cornerstone Programs Corp. for contract residential placement at Garza County Regional Juvenile Center / Cornerstone Program. The daily rate for this contract is $179.00/day.
- CON0000505 – maximum contract amount of $5,300,000 with Rite of Passage, Inc. for contract residential placement. The daily rate of this contract is $170.10/day.
- CON0000301 – maximum contract amount of $3,800,000 with Associated Marine Institutes for contract residential placement at AMIKids facility. The daily rate for this contract is $153/day.
- CON0000348 – maximum contract amount of $2,759,400 Pegasus School, Inc. for contract residential placement. The daily rate for this contract is $199.00/day.
- TJJD-operated Halfway House leases:
- CON0000269 – maximum contract amount of $10,968,361.44 with Lena Pope Home, Inc. for lease of McFadden Ranch Halfway House (no longer in operation).
- CON0000271 – maximum contract amount of $4,172,160 with Bill Burns for lease of Tamayo Halfway House.
- CON0000270 – maximum contract amount of $3,172,344.60 with BKI Investments LP for lease of Schaeffer Halfway House.
- CON0000267 – maximum contract amount of $2,906,088 with South New Braunfels 47 LTD for lease of Ayres Halfway House.
- CON0000272 – maximum contract amount of $1,261,599.28 with WO Davis Realty LP for lease of Willoughby Halfway House.
- Reentry/Parole contracts:
- the methods used to ensure accountability for funding and performance; and TJJD follows the Texas Comptroller of Public Accounts’ (CPA) Statewide Procurement Division’s (SPD) procurement guidelines as articulated in the State of Texas Procurement and Contract Management Guide. TJJD has also standardized many of its contracting documents and requires review by an attorney of any non-standard language. TJJD has also put in place a requirement that ensures all contract requestors and approvers certify that they do not have a conflict of interest for that matter. Finally, all members of the TJJD Contracts Team have earned the Certified Texas Contract Manager certification by the Texas CPA's office.
- a short description of any current contracting problems. The biggest issue that is currently being addressed is the amendment process when adding counties. TJJD’s contact’s department practice standard requires an amendment is routed through CAPPS when adding counties. This created a huge backlog in 2020 (new contract request got slowed, and amendments got stuck in the contract department). TJJD is currently evaluating a regional approach with aftercare contracts. A provider will be identified by region and able to work within that region with some limitations. Additionally, during the recent renewal period, many contractors had different contract numbers for the same period or contracts where placed on the renewal list when they didn’t require a renewal.
Sections L-P. N/A
Youth Rights
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Youth Rights
- Location/Division: Office of the General Counsel
- Contact Name: Lori Harris
-
Statutory Citation for Program:
- Human Resources Code, Section 203.010 – Complaints §203.010, HRC;
- Human Resources Code, Section 203.014 - Toll-Free Number §203.014, HRC;
- Family Code §261.401;
- Family Code §261.409;
- Family Code §61.103;
- Human Resources Code, Section 242.101 – Zero Tolerance Policy §242.101;
- Prison Rape Elimination Act of 2003 (42 USC 15601 et seq.) 28 CFR Part 115;
- Texas Religious Freedom Restoration Act (Texas Civil Practice and Remedies Code Chapter 110);
- Religious Land Use and Institutionalized Persons Act (42 USC §2000cc et seq.);
- Placement of residents in housing, bed, program, education, and work assignments. 28 CFR §115.342; and
- Morales v. Turman Settlement Agreement Sections (V)(B) and (V)(J)
B. What is the objective of this program or function? Describe the major activities performed under this program.
The following 14 basic rights are guaranteed to youth by law and/or TJJD policy:
- Right to Equal Treatment;
- Right of Free Speech and Expression;
- Right of Religious Freedom;
- Right to Personal Possessions;
- Right to Receive Visitors;
- Right of Access to Mail and Telephone;
- Right to Earnings and Monetary Gifts;
- Right to Protection from Physical and Psychological Harm;
- Right to Medical and Dental Care;
- Right of Access to Attorneys;
- Right to be Informed;
- Right to Accuracy and Fairness in Decision Making;
- Right to Confidentiality of Records; and
- Right to Express Grievances and Appeal Decisions
Youth, parents/guardians of youth, and youth advocates have a right to file grievances concerning the care, treatment, services, or conditions provided for youth under the jurisdiction of TJJD. TJJD resolves grievances in a prompt, fair, and thorough manner; however, grievances alleging criminal violations or abuse, neglect, and exploitation are referred to law enforcement for investigation and disposition. Also, TJJD recognizes that informal discussions between staff and youth are a key element in resolving issues or concerns at the earliest stage and contribute to a positive facility culture. TJJD makes staff available to meet with youth whenever possible, limited only by consideration for facility order and the safety of youth and staff.
The Youth Rights Department, a division under the Office of General Counsel, consists of five Youth Rights Specialists and three Youth Rights Clerks, who are located at TJJD’s five secure facilities. The role of the Youth Rights Department is to oversee the grievance process at TJJD’s secure facilities, halfway houses, contract care facilities housing TJJD youth, and parole.
Generally, there is no limitation on the number or subject matter of grievances a person is permitted to file. However, appeals of decisions made in TJJD due process hearings or by the Release Review Panel (RRP) are not addressed through the grievance system.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
Program Statistics or Performance Measures | Total |
---|---|
Total Grievances Filed | 5275 |
Total Grievances Filed and Resolved Timely | 4585 |
Total Grievances Filed and Resolved Late | 689 |
Grievance Overdue Without Appeal | 1 |
Number of First Appeal | 371 |
Number of Second Appeal | 82 |
Number of Direct Appeal to Executive Director | 0 |
First Appeal Overdue | 0 |
Second Appeal Overdue | 0 |
Direct Appeal to Executive Director Overdue | 0 |
Total Grievances Overdue | 1 |
Grievance Lost/Destroyed/Not Used | 26 |
Grievance Voided | 544 |
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank. N/A
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
Each residential facility and parole office provide a time, place, and manner in which youth, parents/guardians, or youth advocates may file grievances. Youth are informed of the system for filing and resolving grievances upon arrival at each placement. Notices containing information on the grievance system are posted in English and Spanish in visible areas throughout residential facilities and parole offices. Parents/guardians are provided information on the grievance resolution system and local contact information upon a child’s admission to TJJD and each subsequent placement. A staff member is available to help in writing and filing grievances to individuals with disabilities who request accommodations in order to access the youth grievance system. Persons with limited English proficiency may file grievances in languages other than English. The identity of a person filing a grievance is not shared with staff members other than those necessary to resolve the grievance. Youth files do not contain any reference to the filing of grievances. TJJD provides confirmation of receipt, including a tracking number, to grievants having the legal right to access confidential youth information. To the extent possible, grievances remain confidential.
Youth assigned to residential facilities may submit a written request for a conference with any staff member assigned to his/her facility as an informal means of addressing issues or concerns. Conferences with youth are scheduled at the earliest opportunity that does not jeopardize youth or staff safety, facility order, or an ongoing investigation. Youth are notified in cases where the request cannot be honored promptly. A youth may elect to file a grievance if he/she is dissatisfied with the result of the staff conference or if the issue(s) raised in connection with the conference request cannot be resolved by his/her selected staff member. However, in no case is a youth required to submit a request for conference as a preliminary step prior to submitting a grievance.
Methods for Filing a Grievance
Incident Reporting Center. Any person may submit a grievance to the TJJD Incident Reporting Center (IRC) by telephone, email, fax, or postal service. See TJJD’s website for contact information. Subject to limitations on time, place, and manner, a youth in a residential placement is allowed confidential telephone access to contact the IRC.
In-Person to TJJD Staff. Any person who is unable or unwilling to submit a grievance in writing may verbally communicate a grievance to TJJD staff.
Youth Grievance Forms. All youth under TJJD jurisdiction must have access to pre-numbered grievance forms. In residential facilities, a youth is selected in each living unit or area to distribute grievance forms. Alternatively, secure drop boxes are provided in easily accessible locations for youth to submit completed grievance forms. Access to the drop boxes is restricted to staff members designated by the executive director or designee. A youth is provided with a copy of each grievance he/she submits. Once a youth submits a grievance, it may not be withdrawn.
Grievances are promptly collected, reviewed, and assigned for response. Grievances are screened to identify issues which require expedited resolution in order to avoid substantial loss or harm if delayed. Each grievance is assigned to a staff member who is not directly involved in the grievance and has the authority to implement an appropriate corrective measure or has knowledge or access to provide clarifying information. Grievances involving healthcare issues must be assigned to a person with appropriate clinical expertise and credentials. The assigned staff member must provide a written response to the grievant within 10 workdays after submission of the grievance.
A grievant may file an appeal if he/she is dissatisfied with the response. Except for healthcare related grievances, TJJD designates a staff member to provide a written response to the appeal. Appeals of responses to grievances related to health care are submitted as direct appeals to the executive director or designee. For all other grievances, a grievant may submit an appeal to the executive director or designee if dissatisfied with the appeal response. A grievant may submit a direct appeal to the executive director or designee if no written response is received within 15 workdays after submitting a grievance or an appeal of a grievance response. An appeal to the executive director or designee exhausts all administrative remedies on the issue(s) raised in the grievance.
Retaliation or interference by staff concerning the filing or resolution of grievances is not tolerated and is grounds for disciplinary action up to and including termination of employment.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
We are not aware of any other programs that provide the service we provide.
Sections I-P. N/A
Community Mental Health Program
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Community Mental Health Program
- Location/Division: Regionalization and Diversion/Probation Services
- Contact Name: Susan Palacios
- Statutory Citation for Program: Health and Safety Code Chapter 533. Powers and Duties of Department of State Health Services; Texas Government Code Chapter 531.055. Memorandum of Understanding on Services for Persons Needing Multiagency Services; Human Resources Code, Chapter 203. Regionalization Plan; Health and Safety Code Chapter 614.018. Continuity of Care for Juveniles with Mental Impairments; Human Resources Code 223.001
B. What is the objective of this program or function? Describe the major activities performed under this program.
The Community Mental Health Program’s primary objective is to ensure juvenile justice- involved youth receive the most responsive and appropriate services possible to meet their unique mental health needs. To meet this objective, the program has evolved, placing building effective and reciprocal relationships with other agencies that serve youth at the forefront of its work, while simultaneously working to support the local probation departments and other members of the TJJD team to meet the ever-increasing, complex mental health needs of the youth we serve.
Providing local department support. Probation departments receive easily accessible individual case consultation from the Community Mental Health Program to determine appropriate community or residential services and assistance to find non-secure or secure placement options for youth with complex needs who offer unique challenges.
Special Needs Diversionary Program. The Community Mental Health Program administrator coordinates the Special Needs Diversionary Program (SNDP), which was created in 2001 to provide mental health treatment and specialized supervision in order to rehabilitate juvenile offenders and keep them as shallow in the juvenile justice system as possible. The program is administered in a collaborative model by the Texas Juvenile Justice Department (TJJD) and the Texas Correctional Office on Offenders with Medical and Mental Impairments (TCOOMMI).
Initiating and participating in interagency collaboration. To effectively meet the needs of youth, the Community Mental Health Program makes intentional efforts in building relationships with other state agencies including, but not limited to, HHSC, DFPS, and TDCJ. These relationships allow appropriate systems to engage when needed to meet the needs of children and their families. Participating in regular meetings with these agencies helps break down historical silos that have been barriers to implementing systemic changes that directly affect our youth and their families.
Supporting regional diversion efforts. The Community Mental Health Program supports the six regional county program administrators as they continue to support the field by reviewing all regional diversion applications in which the youth has a history of significant mental illness, a history of trauma, or suicidal/self-abusive behaviors. The program also consistently provides mental health expertise to all projects and endeavors of the regional diversion team to ensure the mental health needs of youth are met while addressing criminogenic need.
TJJD probation and stateside services collaboration. The Community Mental Health Program consistently communicates with individuals in TJJD State Services to ensure the needs of the youth who transition from probation to a secure facility and parole services are met. In addition, the Community Mental Health Program joins forces with TJJD State Services for trainings for professionals and members of the community. The Community Mental Health Program also provides weekly information, education, and resources on various mental health disorders and treatment strategies to all TJJD employees.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
The Community Mental Health Program Administrator provides weekly mental health resources to probation departments, TJJD personnel, HHSC personnel, and JJAEPs to help bring awareness and greater knowledge about mental health issues our youth may have. The program also assists with the review of applications for diversion of youth. Of the applications submitted for diversion in FY 2020, 11 percent were for youth with significant mental health needs.
This program assists local juvenile probation departments in finding resources for youth with more specialized needs. The scope of these needs identified at the time of referral from FY 2016 to FY 2020 show that on average:
- 31 percent of juveniles presented with a suspected or confirmed substance abuse need; and
- 40 percent of juveniles had mental health needs.
Probation departments use a common screening instrument for all juveniles (MAYSI) that indicate active concerns at the time of referral. Results of this instrument from FY 2016 to FY 2020 showed that on average:
- 9 percent of juveniles had a warning for alcohol or drug use;
- 14 percent of juveniles had a warning for anger and irritability;
- 11 percent of juveniles had a warning for depression and anxiety;
- 16 percent of juveniles had a warning for suicidal ideation;
- 13 percent of male juveniles had a warning for thought disturbance; and
- 63 percent of juveniles had a warning for traumatic experiences.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
In the 84th Legislative session SB 1630 directed TJJD to “create a new division of the department responsible for administering the regionalization plan and monitoring program quality and accountability” and this division must “include sufficient mechanisms” to divert youth from commitment to TJJD. The Regionalization department is comprised of Regional County Program Administrators for the seven probation regions in Texas with expertise in juvenile justice, evidence-based programming, and program implementation. What was missing from these “sufficient mechanisms” mentioned in SB 1630 for diversion of youth is a focus on the treatment aspect, which is core to rehabilitation resulting in reduced recidivism. The establishment of the community mental health specialist in 2016 closed a gap in expertise to round out the intention of SB 1630, bringing a resource directly to the state’s 165 juvenile probation departments to triage complex individual cases and identify gaps in services. This resulted in the cross-collaboration with other juvenile service state agencies to further the mission of case continuity and coordination for each individual referred to the system.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
Enhance communication between probation departments and the state. This program increases cross-collaboration with other state agencies, including, but not limited to, the Texas Health and Human Services Commission and the Department of Family and Protective Services, to strengthen case coordination and communication. These efforts have included frequent meetings with various members of departments within HHSC and DFPS to brainstorm ways to enhance the current systems to meet the complex mental health needs of our dual-status youth and youth with complex mental health needs. Various members of local probation departments are included in those meetings when appropriate. In addition, the community mental health program administrator serves as a liaison to link local probation departments with various state agencies equipped to assist with mental health needs as they arise. These conversations have initiated various system reviews and modifications by HHSC to better respond to youth needs. This can be particularly helpful in efforts to expedite admission for youth needing psychiatric placement or admission under a Chapter 55 commitment. TJJD has joined forces with HHSC to provide assistance to probation departments regarding case staffing, complex mental health needs, trauma-responsive practices, and risk, needs and responsivity-based interventions. These additional supports enhance regionalization’s mission to divert individual youth from commitment to TJJD and keep youth closer to home.
Assist in regional diversion efforts. The Community Mental Health Program administrators review applications for diversion and provides consultation to the assigned regional county program administrator when a juvenile has a history of or active psychosis, suicide attempts requiring hospitalization in the previous two years, current or recent history (in the past six months) of suicidal ideation, significant mental illness requiring psychiatric hospitalization in the last two years, IDD diagnosis, or a history of significant trauma. The consultation includes initial vetting of potential placements for youth and the locating of services or resources for youth who are difficult to place. Efforts to heighten the regional model include assisting with development of a handbook to outline services provided by different facilities, creating resources for commercially sexually exploited youth, and providing evidence-based tools for community supervision of youth.
Support Local Probation Departments. The Community Mental Health Program supports local probation departments by consulting and collaborating on youth with complex mental health needs; activating inter-agency case collaboration for youth who are served by multiple agencies; assisting in locating appropriate placements for youth with complex mental health needs; building bridges between systems that are able to meet the needs of the youth and the probation departments; and providing weekly information, education, and resources on various mental health disorders and treatment strategies.
Continued Engagement with TJJD State Services Division. As an integral part of regionalization team, the community mental health program administrator supports and understands the language and culture of both local juvenile probation departments and TJJD State Services Division. Regionalization is inherently equipped in building a bridge between these two entities, which strengthens continuity of care, improves quality communication, and fulfills the underlying goal of the 82nd Legislature’s SB 653, “creating a unified state juvenile justice agency that works in partnership with local county governments, the courts, and communities to promote public safety by providing a full continuum of effective supports and services to youth from initial contact through termination of supervision.”
Provide Training on Best Practices. Training is an essential role of TJJD, and as part of regionalization department, the community mental health program collaborates with the Juvenile Justice Training Academy to provide training that is responsive to the needs of probation departments. The program has participated in the development of training curriculums and worked with juvenile probation departments and juvenile justice professional organizations to provide webinars and in-person trainings.
Assist in Research-Based Program Development. The Community Mental Health Program specialist, as part of the regionalization team, is available upon request to conduct customized department-specific technical assistance trainings (e.g., data entry training, data analysis, case- management best practices, and program performance).
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
No agency outside of TJJD provides identical services or functions to the youth of Texas. The Community Mental Health Program works with several state agencies to collaborate and enhance the services to address mental health need and criminogenic need of referred youth and ensure the protection of local communities. The Community Mental Health Program is unique in its work connecting local probation departments with youth serving state agencies and facilities. This program works with the chief juvenile probation officers, mental health coordinators, contracted providers, and juvenile probation officers to support mental health and other specialized treatment needs of juveniles referred to the 165 probation departments providing juvenile justice services to all 254 counties in Texas. The Community Mental Health Program does not duplicate services to youth, but is in a position of linking and building upon current systems to better serve youth to enhance case collaboration.
In addition to local probation departments, personnel from the TJJD, and members of the public, the Community Mental Health Program serves on multiple youth-serving committees and has routine collaborative meetings with the following:
- Office of the Governor (OOG) Child Sex Trafficking Team
- Health and Human Services Commission (HHSC)
- Department of Family Services (DFPS)
- Texas Supreme Court Children’s Commission
- Texas Institute for Excellence in Mental Health
- Texas Department of Criminal Justice (TDCJ)
- Texas Judicial Commission of Mental Health
- Local child serving agencies – LMHA, LIDDA
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.
The Community Mental Health Program has regular and ongoing communication with other youth-serving agencies to improve systems and avoid duplication of services. The program administrator remains aware of current trends in mental health services administered throughout the state by serving on multiple committees with various state agency representatives, including, but not limited to:
- Child and Youth Behavioral Health Subcommittee;
- Texas Judicial Commission on Mental Health;
- Community Resource Coordination Committee/Subcommittee;
- Adolescent Health Workgroup;
- Texas Family Voice Network; and
- Suicide Prevention Committee.
In addition, the program routinely reviews MOU’s with other youth-serving agencies to ensure they are updated, appropriate, relevant, and responsive to the ever-increasing needs of youth.
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
As a part of the regionalization team, the Community Mental Health Program works with the 165 juvenile probation departments that cover 254 counties in Texas to facilitate a one-system approach to juvenile justice. In addition to probation departments and TJJD Stateside Services Division, the Community Mental Health Program regularly collaborates with:
- HHSC/IDD and Behavioral Health Services: Consistent collaboration on individual cases and regular meetings to review, address, and enhance systems; assist with trainings/ presentations; and review current youth serving systems in an effort to enhance those systems to better meet need.
- HHSC/YES Waiver: Consistent collaboration on individual cases and regular meetings to review, address, and enhance systems.
- HHSC/Office of Coordinating Council: Consistent collaboration on individual cases and regular meetings to review, address, and enhance systems. Primarily working to efficiently expedite movement of children needing psychiatric hospitalization or youth pending Chapter 55 commitments.
- HHSC/Office of Mental Health Coordination/CRCG: Initiate and attend regular meetings to review, address, and enhance systems; collaborate on statewide summits to increase collaboration with youth serving agencies on a local level; and collaborate with TxSOC to better integrate their mission regarding voices of lived experience into the work of TJJD.
- Office of the Governor (OOG) Child Sex Trafficking Team: Assist in developing and creating resources for Commercially Sexually Exploited Youth (CSEY).
- Texas Judicial Commission of Mental Health (JCMH): Serve on the Texas Juvenile Mental Health and Intellectual and Developmental Disabilities Law Bench Book committee, present on inter-agency collaboration at their annual conference, and serve on the JCMH collaborative council.
- Texas Department of Family and Protective Services (DFPS): Engage in consistent collaboration on individual cases and regular meetings to review, address, and enhance systems and assist in communication with local probation departments.
- Texas Family Voice Network: Collaborate to ensure family voice is heard and valued within TJJD and local probation departments.
- Texas Institute of Excellence in Mental Health: Regularly collaborate on outreach projects
- Texas Department of Criminal Justice (TDCJ): Initiate and attend regular meetings to address ongoing concerns regarding the TCOOMMI program, collaborate regarding Texas Commission on Law Enforcement (TCOLE) system and ways to integrate that framework in the BHSO system to better meet youth needs.
K. If contracted expenditures are made through this program please provide: N/A
L. Provide information on any grants awarded by the program.
The grants this program administers and collaborates to implement are awarded through the state aid formula and discretionary state aid grant processes coordinated by the county grants team. In FY 2020, the Legislature allocated $14,178,353 in general revenue funds for mental health services to the probation field through state aid formula funding. TJJD provided an additional $2,495,175 in general revenue funds for discretionary state aid grants of $1,895,175 for the Special Needs Diversionary Program and $600,000 for other mental health programs targeted to support probation system mental health treatment initiatives.
M. Are there any barriers or challenges that impede the program’s performance, including any outdated or ineffective state laws? Explain.
As a part of the regionalization department, the Community Mental Health Program works with the 165 juvenile probation departments that cover 254 counties in Texas to facilitate a one- system approach to juvenile justice. With additional funding, the program could be expanded to meet the ever-increasing demand for services devoted to mental health for youth. At this time, the program consists of one community mental health program administrator. An additional position could increase and enhance trainings and collaboration with other state agencies, provide support to probation departments, and help with the implementation of community mental health initiatives.
A continued barrier is the law that does not allow for children in secure settings to have their Medicaid reinstated if the need arises for mental health services. Although progress is being made in this area by the recent passage of HB 1664 in the 87th legislative session that requires HHSC to reinstate Medicaid eligibility for children hospitalized in in-patient medical facilities, the new law does not apply to facilities for mental health or psychiatric services. This continues to leave a gap for children needing mental health treatment, including psychiatric hospitalization, while in a detention facility. This also has the potential to cut youth off from some of their most trusted and helpful services at a time they need those services most. Youth with established relationships with mental health professionals are not able to access those professionals when they are at their most vulnerable, because of the current laws prohibiting the LMHAs from billing Medicaid for services received in secure settings.
Texas Government Code 531.005 directs nine state agencies to enter into a memorandum of understanding that develops a community-based approach to provide better coordination of services for people with complex multi-agency needs. The MOU requires each state agency to ensure participation in the process at the local level through its representatives across the state. There is a reported lack of engagement by some agencies, resulting in approximately 30 percent of all local Community Resource Coordination Groups (CRCG) led by juvenile probation representatives and several local CRCGs with no representation from some agencies. With the state agencies directly involved in the care of youth not occupying their seat at the table, fewer resources are available for youth and their families in CRCG meetings. More oversight by state agencies to ensure their local representatives are present for CRCG meetings could increase services options for youth and better outcomes for Texas families.
Two significant initiatives for the juvenile justice system in Texas are currently funded or coordinated by the Texas Correctional Office on Offenders with Medical and Mental Impairments (TCOOMMI), a division of the Texas Department of Criminal Justice. The primary role and focus for TCOOMMI is coordinating probation and parole services for the adult system, which dilutes the focus on juvenile system needs and results in approaches that are less than optimal for juvenile services. While the adult system may have been best situated to coordinate these functions when they were first created in law, significant juvenile justice reform over the years and our increased knowledge of the role adolescent brain development plays in juvenile criminal behavior make it critical that the agency immersed in juvenile justice research takes the lead in coordinating programs for juveniles. To enhance positive outcomes from the juvenile justice system, we recommend that coordination of and funding for the juvenile justice initiatives described below be transferred to TJJD.
Texas Health and Safety Code 614.018, Continuity of Care for Juveniles with Mental Impairments, requires the Texas Juvenile Justice Department, Department of Public Safety, Department of State Health Services, Department of Aging and Disability Services, Department of Family and Protective Services, Texas Education Agency, and local juvenile probation departments to adopt a memorandum of understanding establishing their respective responsibilities to institute a continuity of care and service program for juveniles with mental impairments in the juvenile justice system. The statute directs TCOOMMI to coordinate and monitor the development and implementation of the memorandum of understanding. The resulting MOU was developed and is supposed to be renewed every two years. The most recent
renewal was completed in 2015, and the last attempts to renew in 2017 were not successful.
The Special Needs Diversionary Program (SNDP) was created in 2001 to provide mental health treatment and specialized supervision in order to rehabilitate juvenile offenders and keep them as shallow as possible in the juvenile justice system. The program is administered by TJJD and TCOOMMI, with juvenile probation officers from local probation departments funded through TJJD grants and professional mental health staff from the local mental health authorities funded through a TCOOMMI contract. Since TCOOMMI funds the mental health services at the LMHA, probation departments’ ability to have input on the level and types of services provided to youth in the program is limited and juveniles are required to be moved to the caseloads of staff funded through the program when probation begins, then moved off those caseloads when probation ends. This decreases continuity of care, results in re-traumatization of youth as they are required to adjust to new treatment providers, and places probation departments and the LMHA at the mercy of staffing levels set by TCOOMMI to provide critical mental health services. Finally, the availability of this program is limited to 12 of the 40 local mental health authorities with a TCOOMMI contract in Texas, meaning that most of the juvenile justice system is unable to access specialized mental health services. A program such as this could also be useful to youth returning home from TJJD facilities on parole status, but it is currently unavailable to them. When TJJD has proposed additional mental health funding, TCOOMMI has expressed concern that we are attempting to duplicate services. The current SNDP program is not sufficient to meet our entire juvenile justice system needs for mental health services, and it proves a barrier to the agency obtaining the additional services needed.
Sections N-P. N/A
Federal Programs for Probation
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Federal Programs
- Location/Division: Probation Services
- Contact Name: Lynn Jackson
- Statutory Citation for Program: Social Security Act, 42 United States Code §670. Foster Care Maintenance Payments Program; Social Security Act, 42 United States Code §622. State Plans for Child Welfare Services; General Appropriations Act, Article V Rider 7. Appropriation and Tracking of Title IV-E Receipts; General Appropriations Act, Article V Rider 8. Federal Foster Care Claims; Texas Government Code, Chapter 531.02418. Medicaid and Child Health Plan Program Eligibility Determination for Certain Individuals; and 203.006, Human Resources Code
B. What is the objective of this program or function? Describe the major activities performed under this program.
The Federal Programs department in the Probation Services division coordinates and administers two of the federally funded programs or services youth in the juvenile justice system use most frequently and acts as a liaison for probation departments and TJJD with the Texas agencies having primary responsibility for administering those programs or services.
Title IV-E Foster Care is a program that provides reimbursement of federal funds for eligible placements, services, and administrative costs associated with providing interventions to youth meeting program eligibility criteria. Federal Programs collaborates with the Department of Family and Protective Services (DFPS) and federal partners in the implementation and oversight of the program, coordinates justice system policies and program monitoring, and provides training and technical assistance to justice system personnel implementing the program at juvenile probation departments and in TJJD.
Medicaid benefits are accessed by many youth in the juvenile justice system when they are in community and non-secure facility settings, but must be prohibited if a youth is moved to a secure residential setting. Federal programs coordinate and troubleshoot the system TJJD and the Health and Human Services Commission (HHSC) use to suspend and reinstate Medicaid eligibility as youth move into and out of secure facilities and collaborates with HHSC staff to facilitate the community partners program at juvenile justice locations, allowing for continuity of Medicaid access and reducing duplication of services.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
Program Statistics or Performance Measures |
FY 2020 Actual Performance |
Youth entered in Juvenile Medicaid Tracker System | 1824 |
Title IV-E Funds Received | $1,763,029 |
Youth Certified As Title IV-E Eligible | 89 |
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
The ability of the juvenile justice system to participate in Title IV-E has significantly reduced over the years. Federal funds supporting probation departments, for instance, have decreased from 10 percent of total probation system funds in FY 2006 to 1 percent in FY 2019. Two factors, both determined at the federal level, have driven this downward trend. Historically, many probation departments participated in claiming administrative costs for youth deemed to be reasonable candidates for child welfare removal from the home. Over the years, federal monitors have tightened the eligibility criteria for this category and made the process so difficult that it costs more to administer the program than was recouped in reimbursement dollars, prompting many departments to cease participation. To participate in the Title IV-E program, family income must meet the federal Aid to Families with Dependent Children (AFDC) Needs Standard Income tests. The income levels in those tests haven’t been updated since the late 1990s, so very few families meet that criteria.
In 2018, President Trump signed into law the Family First Prevention Services Act, which significantly changed the criteria for participation in the Title IV-E program. Texas chose to exercise an option to delay implementation of the law until October 1, 2021, and the 87th Legislature passed several amendments to Texas law to incorporate the new federal requirements for Title IV-E. As the new program is implemented, funds will be diverted away from support of out-of-home placements and toward community-based supports designed to keep families intact. It is not yet clear how the new program will impact juvenile justice programs’ ability to participate, which may result in fewer federal dollars recouped to support juvenile justice services. It has already resulted in lower participation in the current program as departments shift their resources to prepare for implementation of the new program.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected.
Title IV-E program participants must meet standard eligibility criteria and be certified by DFPS as eligible before any reimbursement for placement or administrative cost may be claimed. Varying numbers of probation departments participate in the program each year, and TJJD has always had some youth certified as eligible. However, the participation rate has decreased steadily each year as fewer youth meet eligibility criteria.
Medicaid is a jointly funded state-federal health care program, established in Texas in 1967 and administered by the Health and Human Services Commission. Medicaid is an entitlement program, which means that the federal government does not, and a state cannot, limit the number of eligible people who can enroll, and Medicaid must pay for any services covered under the program. Medicaid serves primarily low-income families, non-disabled children, related caretakers of dependent children, pregnant women, and people with disabilities.
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
The Title IV-E program is administered through a cooperative with DFPS and in accordance with federal Social Security Act requirements. TJJD and DFPS enter into an interagency contract together that sets the required elements of the program TJJD administers to participate in the Title IV-E program that DFPS is designated to lead for the state. The Title IV-E program requirements created and maintained by TJJD are incorporated by reference into the contract and guide the daily practice of the program. TJJD employs two federal programs administrators and funds half of a position employed through DFPS to administer the program. See Attachment L: Title IV-E Federal Foster Care Reimbursement Program Requirements.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
||||||||||||||||||||||||||||
|
|
|
Title IV-E is funded with federal Title IV-E funds passed through from DFPS to TJJD. In FY 2020, TJJD received $1,763,029 in Title IV-E funding, with $753,249 disbursed to probation departments and $1,009,780 in TJJD funds for youth services and program administrative costs.
Medicaid services salaries and operational expenses are supported by TJJD general revenue appropriations budgeted to the probation services division.
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
DFPS is the lead agency for Title IV-E, administering the program for Texas. They also use the program to provide placements and services for children in their system, but they do not provide those services to youth in the juvenile justice system. HHSC is the lead agency for Medicaid benefits, administering that program for Texas. Federal Programs does not actively apply for or administer Medicaid benefits but simply coordinates with HHSC to communicate the status of youth entering secure placements and facilitate access to benefits for youth returning home from such placements.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts. N/A
TJJD maintains a contract with DFPS that outlines the details of the program implemented by the juvenile justice system and each party’s responsibilities in the program. The agency maintains a memorandum of understanding with HHSC that outlines the responsibilities of each agency regarding Medicaid benefits communication and continuity in the juvenile justice system.
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
The Federal Programs department works with the 165 juvenile probation departments that cover 254 counties in Texas, TJJD state services personnel, and DFPS and HHSC to administer the Title IV-E and Medicaid benefits programs.
Extraditions and returns are handled with Texas JPDs, TJJD staff, Texas DFPS (for youth in DFPS custody) and any law enforcement agencies that might be involved in the apprehension or detention of a juvenile.
K. If contracted expenditures are made through this program please provide N/A
L. Provide information on any grants awarded by the program.
Federal Programs coordinates the Title IV-E program, which reimburses federal funds to probation departments and TJJD for cost of placement for eligible youth, administrative activities to coordinate services for those youth, and administration of the Title IV-E program.
Sections M - P: N/A
Interstate Compact for Juveniles
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Interstate Compact for Juveniles
- Location/Division: Probation Services Division, Austin
- Contact Name: Daryl Liedecke
- Statutory Citation for Program: ICJ statute: Texas Family Code, Title 3, Chapter 60
B. What is the objective of this program or function? Describe the major activities performed under this program.
The Interstate Compact for Juveniles (ICJ) provides for the cooperative supervision of juveniles on parole and probation who seek to reside in a state different from the state in which they were adjudicated and have their parole and probation supervised. ICJ also regulates the travel of juveniles on probation and parole who seek to visit or vacation in a state different from the state in which they were adjudicated. ICJ also oversees the return or extradition of juveniles who have absconded from parole and probation, escaped from a facility, or non-delinquent juveniles who have run away from their parent or guardian and ensures they are returned to their home or demanding states while protecting their rights for due process during extradition. The ICJ provides for the promulgation of rules that govern the regular business and procedures of the ICJ. By statute, these rules have force and effect of law and must be followed as such.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
ICJ statistics are calculated based on information entered by the ICJ office staff into the ICJ screen in TJJD’s M204 system, which covers all ICJ supervision cases. Extradition and Airport supervision cases are tracked using a web-based data entry and case management system developed by TJJD and found on the TJJD intranet system. Performance measures include:
- ICJ Supervision Cases Opened: a measure of new ICJ supervision cases opened during the fiscal year, including incoming and outgoing cases
- ICJ Supervision Cases Closed: a measure of the open ICJ supervision cases that were closed during the fiscal year. This is included because not only is closing an ICJ supervision case a separate step, over the course of the year these cases required other actions on the part of the ICJ office prior to closure. This also includes incoming and outgoing ICJ cases.
- ICJ Extradition Cases Returned: includes all extradition cases handled by the ICJ office during the fiscal year, both incoming and outgoing.
- ICJ Airport Supervision Provided: includes all airport supervisions provided at Texas airports during the fiscal year.
Program Statistics or Performance Measures | FY 2020 Actual Performance |
ICJ Supervision Cases Opened | 702 |
ICJ Supervision Cases Closed | 895 |
ICJ Extradition Cases Returned | 170 |
ICJ Airport Supervision Provided | 18 |
Also reference “Juveniles Served Through Interstate Compact” in Exhibit 3.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
The ICJ was first created in the 1960s to assist in the return of juvenile runaways. From there, the scope expanded to include the transfer of supervision for adjudicated juveniles to acknowledge the reality of juvenile/family movement but continue to protect communities by supervising and keeping track of these juveniles when they relocate to a state different from the one they were adjudicated in.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
The Texas ICJ office has three staff members. The deputy compact administrator leads the ICJ office, represents Texas to the ICJ National Office and other states, has voting rights over ICJ matters brought before the ICJ body, and oversees all cases of ICJ parole transfers and visits, as well as all extradition matters under the ICJ. Two probation coordinators manage the large volume of probation transfer and travel cases. All staff handle both incoming and outgoing ICJ cases.
For all requests for transfer of supervision and travel from Texas to another state, the juvenile probation department or appropriate TJJD staff member submits the documentation to the ICJ office. Upon verification of accuracy and completeness, the Texas ICJ office submits to the appropriate receiving state ICJ office. When other states have juveniles visiting or moving to Texas, the ICJ office receives the documents and forwards them to the appropriate juvenile probation department or TJJD parole office where the juvenile resides or seeks to reside. For transfers of supervision, the ICJ rules require a home evaluation be completed within 45 days of receipt of the request from a sending state. The Texas ICJ office ensures that all home evaluations are received either from the appropriate Texas entity or from the other state within that time frame. The ICJ office also communicates to help clarify or resolve any issues that may arise during the completion of the home evaluation process.
Once supervision is established, ICJ rules require that progress reports be sent every 90 days, or more frequently if violations of supervision occur. The ICJ office monitors all supervision cases to ensure that reports are sent per the rules. When violations of supervision occur, the ICJ office works with both the other state and the appropriate Texas to resolve the violation, including and up to the juvenile being returned to the home state for significant violations of supervision. The ICJ office ensures that all ICJ cases are closed as appropriate, such as when a supervision term has ended or a juvenile has left the state of supervision or has received new violations that remove him or her from the community due to adjudication or conviction. The ICJ office ensures the notifications are sent to proper entities and the ICJ case is closed.
Extradition is handled by the ICJ office upon notification that a juvenile has been located. The Texas ICJ office works with the holding state or Texas jurisdiction to ensure that the youth receives due process rights for extradition met under the ICJ law and rules and works with the guardian or entity that has jurisdiction over the juvenile to get them returned to the appropriate jurisdiction. The Texas ICJ office has funds to assist Texas parents, and occasionally juvenile probation departments, in purchasing airline tickets to return the juvenile to Texas. Youth flying back to their home or demanding state is the most common means of returning a juvenile under the ICJ. The Texas ICJ office also arranges transportation when a TJJD parolee needs to be returned to Texas from another state.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
This is the sole office in Texas set up to oversee and administer the ICJ for Texas. Each state has its own ICJ office to complete the same functions within their state.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts. N/A
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
Texas juvenile probation departments submit requests for ICJ supervision or travel when adjudicated juveniles under their jurisdiction seek to travel or relocate to another state. TJJD staff, including facility caseworkers and parole officers, also submit requests for relocation and travel to ICJ. When juveniles from another state seek to reside or travel in Texas, the Texas ICJ office receives the documents from the sending state and sends them to the applicable probation department or TJJD parole office to begin incoming procedures for ICJ supervision in Texas.
Extraditions and returns are handled with Texas JPDs, TJJD staff, Texas DFPS (for youth in DFPS custody) and any law enforcement agencies that might be involved in the apprehension or detention of a juvenile.
K. If contracted expenditures are made through this program please provide
- a short summary of the general purpose of those contracts overall; The Texas ICJ office has one contract with Ability Solutions, Inc., which is based in Dallas, to provide airport supervision at the Dallas-Fort Worth International Airport for unescorted juveniles travelling to their home or demanding state via ICJ return procedures. The ICJ rule 7- 107 requires that states provide airport supervision to juveniles who have a layover or change of planes at airports as they are returned via ICJ. This is to provide safety to the juvenile and the public and ensure these juveniles can safely navigate their change of planes and provide extra assistance in case of flight delays, etc. As the DFW airport is a major hub for some of the larger airlines, it was necessary to find an agency willing to provide that assistance. Airport police and the neighboring probation departments were unable to provide the assistance, and a request for bids was sent via state bid request guidelines.
- the amount of those expenditures in fiscal year 2020; $1350
- the number of contracts accounting for those expenditures; 1
- the method used to procure contracts; Request for Proposal
-
top five contracts by dollar amount, including contractor and purpose; CON0000978 – maximum contract amount of $12,500 with Ability Solutions, Inc. for airport
supervision of unescorted juveniles -
the methods used to ensure accountability for funding and performance; and TJJD follows the Texas Comptroller of Public Accounts’ (CPA) Statewide Procurement Division’s (SPD) procurement guidelines as articulated in the State of Texas Procurement and Contract Management Guide. TJJD has also standardized many of its contracting documents and requires review by an attorney of any non-standard language. TJJD has also put in place a requirement that ensures all contract requestors and approvers certify that they do not have a conflict of interest for that matter. Finally, all members of the TJJD Contracts Team have earned the Certified Texas Contract Manager certification by the Texas CPA's office.
The ICJ office contacts the provider directly as requests come in, to verify availability and provide all needed details for the provider. The provider confirms completion with the ICJ office and bills on a monthly basis for all supervisions provided. As each youth for which airport supervision is provided is received by a responsible party upon arrival in their home/demanding state, the Texas ICJ office would be advised if any youth failed to travel through DFW without staff knowledge.
- a short description of any current contracting problems. N/A
L. Provide information on any grants awarded by the program. N/A
M. Are there any barriers or challenges that impede the program’s performance, including any outdated or ineffective state laws? Explain.
The State of Texas’ patchwork of laws regarding 17-year-olds causes numerous problems for handling ICJ cases. As the criminal age of majority is 17, many juveniles who are detained just on juvenile warrants for abscond or escape from their home state are taken to county jail as opposed to juvenile detention, even if there are no separate charges filed against them in Texas. The county jails are not experienced in handling juvenile extradition and often refuse to cooperate with all the procedures for juvenile extradition that the ICJ requires. This office has also seen an increase in difficulty of working with 17-year-old runaways and getting them returned to Texas, as our law does not necessarily require that 17-year-old runaways are returned home, even though they are not technically adults under Texas law. Making a consistent decision to handle 17-year-old individuals uniformly as either adults or juveniles would assist this matter greatly.
N. Provide any additional information needed to gain a preliminary understanding of the program or function.
The ICJ is assisted and overseen by the ICJ National Office, established by the ICJ statute, which provides oversight of compliance and assistance and training to the states. The ICJ rules are reviewed and voted on by all ICJ member states every two years at the ICJ Annual Meeting. Once approved, new rules take effect and may alter the processes and procedures for ICJ cases, based on those changes.
Sections O and P: N/A
Juvenile Justice Alternative Education Program
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Juvenile Justice Alternative Education Program
- Location/Division: Probation Services
- Contact Name: Alawan Thomas, M. Ed.
- Statutory Citation for Program: Education Code: Chapter 37. Discipline; Law and Order; General Appropriations Act, Article V. Juvenile Justice Department; Human Resource Code: Chapter 221.002(a)(5): requirement to develop minimum standards for JJAEPs
B. What is the objective of this program or function? Describe the major activities performed under this program.
The objective of the Juvenile Justice Alternative Education Program (JJAEP) is to provide oversight for TJJD-approved juvenile justice alternative education programs and to facilitate the provision of educational services for expelled and non-expelled/court-ordered youth. The JJAEP is designed to provide an educational setting for students who have been expelled from public school to ensure they receive educational services they would not otherwise be able to experience and utilize to support their return to their home campuses. Without JJAEPs, these students could be expelled with no educational services. Major activities of the JJAEP division include:
- Standards and Policy development and Program Monitoring. The JJAEP team develops, implements, and reviews policy and standards for the operation of JJAEPs, including conducting formalized monitoring of applicable standards for the operation JJAEPs.
- Reimbursement Funding. JJAEP funds are provided via an interagency contract that transfers funds from the Texas Education Agency, Foundation School Fund No. 193. JJAEP staff verify the accuracy of JJAEP requests for payment with the number of student attendance days and recommend the amount to be paid.
- Data Collection, Analysis and Reporting. JJAEP staff coordinate data collection reflecting JJAEP activity, including attendance records and student-specific statistical data, conduct data audits to ensure accuracy of data, and submit required performance reporting to agency staff, the Legislative Budget Board and outside stakeholders.
- Liaison. Staff coordinate interagency activities with state and local agencies in matters concerning JJAEP plans and services.
- Training and Technical Assistance. Topics provided during JJAEP training support the requirement to provide training for any probation department with an education program as seen in Chapter 221, Sec. 221.005(a)(1) and Section 221.005(b)(2), Human Resource Code.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
TJJD publishes a JJAEP Performance Accountability Report once each biennium. The most recent report was published on May 1, 2019 and encompassed the 2018-2019 school year. See Attachment M: JJAEP Performance Assessment Report for School Year 2018-2019.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
Chapter 37 of the Education Code authorizes and details requirements for JJAEPs in statute. As the Texas Penal Code or Chapter 37 of the Education Code is updated, the eligible list of offenses, or considerations for eligibility for expulsion and placement in JJAEPs are updated to align with legislative changes. Additionally, some legislation exempts particular counties from requirements to open a JJAEP. The sections of Chapter 37, Education Code legislative changes impacting JJAEPs are listed here:
- Sec. 37.007. Expulsion for Serious Offenses. Added by Acts 1995, 74th Leg., Ch. 260, Sec. 1, eff. May 30, 1995.
- 2005 Added to section 37.007(g), Education Code, notification to educators regarding probation department reporting of misconduct by students. Added the deadly conduct offense to section 37.007, Education Code.
- 2009 Added to section 37.007, Education Code, Subsection (k) an exemption for school sponsored events involving firearms.
- 2011 Changed 37.007 (c) by removing persistent misbehavior from the reasons for which a student maybe expelled from a DAEP to the JJAEP, required documentation of behavioral interventions, and defined serious misbehavior. Added the offense of breach of computer security under Section 33.02, Penal Code.
- 2015 Added to Section 37.007(a), Education Code an offense: engages in conduct that contains the elements of the offense of unlawfully carrying weapons under Section 46.02, Penal Code, or elements of an offense relating to prohibited weapons under Section 46.05, Penal Code.
Weapons section of Chapter 46, Penal Code, changed rules about knives to location restricted knives, with different consequences for different circumstances in public schools.
- Sec. 37.0081. Expulsion and Placement of Certain Students in Alternative Settings. Added by Acts 2003, 78th Leg., Ch. 1055, Sec. 12, eff. June 20, 2003.
- 2007 Added to Section 37.0081, Education Code, a condition for placement in JJAEPs for off campus offenses: arrested, charged, referred, received probation or deferred adjudication for a felony offense under Title 5, Penal Code, may result in expulsion until charges are dismissed or reduced to a misdemeanor offense, expulsion can continue up to the completion of high school in JJAEPs if in a JJAEP county or in DAEP; placement paid for by sending school district.
- 2011 Added to section 37.0081(a), Education Code, an offense of aggravated robbery to the list for which a student may be expelled to the JJAEP.
- Sec. 37.011. Juvenile Justice Alternative Education Program. Added by Acts 1995, 74th Leg., Ch. 260, Sec. 1, eff. May 30, 1995.
- 2011 Added to Section 37.011, Education Code, an additional exemption for Ellis County Probation Department from opening a JJAEP.
Removed ‘persistent’ from 37.007(c), Education Code definition, defined serious misbehavior, and requires that conditions for admittance to JJAEP for 37.007(c) serious misbehavior is addressed in the memorandum of understanding developed by the probation department. Section 37.007(b) and (f) but who are not eligible for admission into the juvenile justice alternative education program in accordance with the memorandum of understanding required under section 37.007(l).
Added to Section 37.011, Education Code exemptions for certain counties from having a JJAEP even with a population over 125,000 and lists requirements for meeting student educational needs in a county whose population is considered to be less than 125,000. - 2015 Updated name of agency in Sections 37.011(a), (a-1), (f), (g), and (h), Education Code to Texas Juvenile Justice Department.
- 2017 Added reference to Chapter 39A, Education Code whenever Chapter 39 is mentioned in Chapter 37, Education Code.
- 2019 Updated the school finance chapter references to refer to Chapter 31 or 48 in Section 37.007(a), (d), or (e), Education Code.
Added to Section 37.011(b), Education Code, that expulsion for felony terroristic threat requires placement in a JJAEP.
- 2011 Added to Section 37.011, Education Code, an additional exemption for Ellis County Probation Department from opening a JJAEP.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected.
This team works with the JJAEP program representatives of thirty juvenile probation departments, which includes the JJAEP coordinators, Chief Juvenile Probation Officers, JJAEP staff, probation county compliance staff, and fiscal staff working with a probation department’s JJAEP. These programs are classified based on Chapter 37, Education Code requirements:
- Mandatory JJAEPs required in 25 probation departments that had a population of 125,000 as of the 2000 census.
- Mandatory JJAEPs initiated by probation departments with a population exceeding 125,000 after the 2000 census.
- Discretionary JJAEPs provided in five probation departments with populations less than 125,000.
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
Standards and Policy development and Program Monitoring. TJJD Texas Administrative Code, Chapter 348, defines standards for JJAEP operations in compliance with statute. The JJAEP team actively participated in the most recent comprehensive review and update of these standards in 2018. They complete formal program monitoring of each JJAEP program once each biennium. They also provide ongoing consultation and technical assistance to provide support to JJAEPs in the daily implementation of policy and standard requirements.
Reimbursement Funding. JJAEP staff collect information about attendance days and conduct an audit of the data to calculate recommended reimbursements to mandatory JJAEPs. They report this information to the county grants team, which provides a second level review of the information and includes the correct reimbursement amounts in their monthly recommendation of all grant disbursements to TJJDs finance department. JJAEP staff also conduct on-site fiscal monitoring during their biennial standards monitoring to ensure that accurate payments have been made for appropriate JJAEP students. For discretionary programs that receive a specific grant amount, fiscal oversight is completed through the state aid monitoring process, and programmatic monitoring is completed by JJAEP staff. Finally, JJAEP staff determine if funding is available to reimburse for eligible summer school days.
Data Collection, Analysis, and Reporting. TJJD maintains a system of monthly data collection related to JJAEP activity, including statistical reports for students entering and exiting JJAEP and student attendance days and student-specific information collected through the agency’s electronic case extract process. JJAEP staff conduct data audits to ensure the accuracy of data submitted throughout the school year and provide information to the agency and outside stakeholders as requested. They compile required monthly reports and quarterly performance measures provided to the LBB. With the cooperation and input from the 30 JJAEPs, they also create the JJAEP Performance Accountability Report submitted once each biennium to the LBB.
Liaison. The JJAEP staff represents TJJD on the Texas School Safety Board as required by statute, and participates in the Texas Education Agency’s (TEA) Project Aware Advisory and United Services for All Children Committees. They also coordinate educational approaches with the TEA Discipline Support division and The University of Texas - Texas Institute for Excellence in Mental Health. At the local government level, JJAEP staff provide ongoing oversight and technical assistance to those counties with JJAEPs and with those counties that may have questions about JJAEPs.
Training and Technical Assistance. Training on education and juvenile justice-related subjects are offered to the staff of the agency, probation field personnel and educators. Training topics include compliance, legal and programmatic requirements, and issues. To deliver training, JJAEP staff conduct annual JJAEP conferences to provide support for JJAEPs and telephone and video meetings to support JJAEPs, as needed.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||
|
|
|
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
Even though there are other monitoring or auditing divisions within the agency, there is no duplication of services as the functional areas they monitor are distinctly different from JJAEPs, which are organized and provided by probation departments in accordance with statute and general appropriation act riders. TJJD JJAEP staff provide all oversight for eligible JJAEPs in probation departments as required by 37 TAC 348.
The Texas Education Agency (TEA,) is responsible for oversight of discipline alternative programs (DAEPs) as required by Chapter 37 of the Education Code and provided by school districts. These programs are similar in scope, as a student has to violate the student code of conduct and receive consequences in a DAEP conference that may include assignment to a DAEP at or away from the home campus. These behaviors may include behaviors that are not identified as penal code offenses and do not merit removal to a JJAEP.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.
The Texas Education Agency (TEA) is the state agency responsible for the administration of primary and secondary public education. TEA has a rider that provides pass through funding for JJAEPs to TJJD, and a rider to allow data sharing. TEA has TJJD perform all oversight (i.e., standards, monitoring and funding) to probation department JJAEPs. TJJD JJAEP staff coordinate and consult with the TEA staff at TEA regarding policy issues, special education and other federally required services, textbooks and supplemental materials, and accurate school district reporting. TJJD JJAEP staff have worked collaboratively with TEA and other education associations to provide training to JJAEP staff and school district personnel through school safety conferences at Education Service Center Region 13 and the Texas Alternative Education Association. JJAEP staff also provide training through the TJJD Training Academy by providing statewide annual training events for JJAEP staff as well as all probation counties who have education programs. Topics include special education, social emotional learning, mental health issues, behavior management, trauma informed care, and resilience. JJAEP staff provide technical assistance throughout the year for JJAEP staff, meet with juvenile boards and JJAEP advisory councils that support various JJAEPs as requested, and work with individual JJAEPs as needed.
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
JJAEP staff participate in interagency activities with state and local agencies in matters concerning the coordination of plans and services. The JJAEP staff represents TJJD on the Texas School Safety Board as required by statute, and participates in the Texas Education Agency’s (TEA) Project Aware Advisory Committee and United Services for All Children Committee, coordinates with the TEA Discipline Support division, and The University of Texas - Texas Institute for Excellence in Mental Health. At the local government level, JJAEP staff provide ongoing oversight and technical assistance to 30 counties with JJAEPs and with those counties that may have questions about JJAEPs.
K. If contracted expenditures are made through this program please provide ... N/A
L. Provide information on any grants awarded by the program.
Juvenile Justice Alternative Education Programs funding represents 4 percent of TJJD’s funding provided to juvenile probation departments. Mandatory JJAEPs are reimbursed $86-$96 per day for each school attendance day, and discretionary JJAEPs receive annual allocations of $50,000 to operate their programs. These funds are from TEA and passed through to departments by TJJD.
M. Are there any barriers or challenges that impede the program’s performance, including any outdated or ineffective state laws? Explain.
JJAEPs currently have two significant barriers to optimal performance, dealing with required attendance accounting and offenses resulting in expulsion to JJAEPs. The first barrier was created when JJAEPs first began, at a time when all school districts reported minimum school year instruction requirements in attendance days. The Education Code was later amended to require regular school districts to account for minutes of instruction rather than attendance days, but the JJAEP section of the code was not similarly amended. JJAEPs are still required to account for 180 days of instruction, while the local school districts they partner with may meet their instructional minute requirements in as few as 171 days and match the JJAEP calendar to the school district calendar. This results in the loss of reimbursable days and less funding for services provided by JJAEP and a need for waivers for most programs to meet TEA attendance requirements. TJJD has requested that TEA propose a change in Education Code 37.011 to convert to the minutes of instruction requirement, with no resolution to date.
The barrier related to offenses resulting in expulsion to JJAEPs began when HB 1935 passed during the 2017 legislative session. The bill made the possession of knives restricted, depending on circumstances, in certain locations. According to the Texas Association of School Boards, this can result in consequences that are inconsistent in different school district situations. In the first situation, possession of a location-restricted knife results in a required (mandatory) expulsion with a class C misdemeanor for minors, yet all other mandatory expulsions have a felony level consequence. In the second situation, possession of a location-restricted knife in prohibited locations like schools results in a schools having the discretion to expel or not for a felony level offense.
Usually, mandatory offenses include felony levels, are reimbursable by TJJD, and include result in supervision by the probation department, while misdemeanor offenses do not. Because of these circumstances, a student may have a mandatory expulsion without probation supervision or a felony offense, which is typically reimbursed by TJJD. Section 37.007(c), Education Code, includes two statements in the definition of serious misbehavior: (1) deliberate violent behavior that poses a direct threat to the health or safety of others; and (2) extortion, meaning the gaining of money or other property by force or threat. It would be helpful to require corresponding penal code offenses so a school district is required to file and demonstrate the penal code elements when utilizing these descriptions for expulsion.
N. Provide any additional information needed to gain a preliminary understanding of the program or function.
General Appropriations Act Riders 13, 14, 15 and 25 impact JJAEPs. See Section V Funding of this report, beginning on page 55 .
Sections O and P: N/A
Regionalization and Diversion
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Regionalization and Diversion
- Location/Division: Probation Services
- Contact Name: Ashley Kintzer
- Statutory Citation for Program: Sections 203.017 and 2232.001(d)-(f), Texas Human Resources Code.
B. What is the objective of this program or function? Describe the major activities performed under this program.
The Regionalization and Diversion Department’s basic function is to divert youth from TJJD and develop programs and services that best meet the needs of local juvenile probation departments. Strengthening a one-system approach, regionalization has evolved and expanded, adding probation supports to the Texas juvenile justice system for the first time since the 2011 merger of the Texas Youth Commission (TYC) and Texas Juvenile Probation Commission (TJPC). Regionalization has successfully developed strong collaborative relationships between TJJD, other youth-serving agencies, and local juvenile probation departments. This partnering has fostered enhanced cooperation across the juvenile justice spectrum.
The work of the regionalization department transcends traditional youth-serving agencies. The department engages new partners to increase resources to meet the complex needs of youth to better equip the juvenile justice system to respond to current and emergent referral trends. These supports will be critical in helping the juvenile justice system successfully address the rising felony trend. Continued support of the regionalization concept is necessary to maintain the reduction of commitments to TJJD and strengthen the overall juvenile probation field to create better outcomes for youth throughout Texas.
The regionalization department is trained to support and understand both the local juvenile probation departments and TJJD State Services division. Building a bridge between these two entities has strengthened the continuity of communication to ensure the underlying mission to achieve a one-system approach to justice juvenile in the state of Texas.
TJJD created a regionalization department to:
- approve applications and related protocols to administer a regional service model;
- provide training on best practices for local probation departments;
- assist in research-based program development;
- monitor grant contract and program measures;
- analyze department data to provide clear guidance to local probation departments on outcome measures;
- report on performance of specific programs and placements to assist in implementing best practices and maximize the impact of state funds;
- aid probation departments regarding case staffing, complex mental health needs, trauma responsive practices, and risk, needs and responsivity-based interventions;
- cross-collaborate with other state agencies, including but not limited to the Texas Health and Human Services Commission and the Department of Family and Protective Services, to strengthen case coordination and communication; and
- enhance communication between the local juvenile justice programs and the state.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
TJJD created the regionalization department in 2016 to put SB 1630 into practice. Since 2016, the number of youth committed to TJJD has declined by 15 percent prior to COVID 19 (see Figure 1). In FY 2019 only 1.5 percent of all dispositions resulted in a commitment to TJJD and dropped to 1.44 percent in FY 2020. The efforts of the regionalization department coupled with cooperation and investment from the field have assisted toward this decline. Following national trends, the number of youth admitted into post-adjudication facilities in Texas continues to decline despite felony referrals making up 30 percent of all referrals in FY 2019 and 34 percent in FY 2020.
To support our county partners in addressing this increase, the regionalization department focuses efforts for expansion of front-end services and enhancement of existing residential placement capacity within Texas.
TJJD began providing opportunities to 165 juvenile probation departments through Regional Diversion Alternatives (RDA) in June 2016. This funding is intended to provide alternatives to commitment to TJJD. There was a 220 percent increase in the participation by the juvenile probation departments between fiscal years 2016 and 2020.
FISCAL YEAR | NUMBER OF DEPARTMENTS |
2016 | 29 |
2017 | 73 |
2018 | 96 |
2019 | 95 |
2020 | 93 |
See “Number of Regional Diversions” in Exhibit 2.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
In 2015, the 84th Legislature passed SB 1630, requiring TJJD to finalize a Regionalization Plan by August 31, 2016, that would keep more adjudicated youth within their home regions, by accessing available local post-adjudication facility capacity. The regionalization plan was required to include sufficient mechanisms to divert 30 juveniles from TJJD commitment in fiscal year 2016 and 150 youth in fiscal year 2017. SB 1630 also required TJJD to establish a new division to administer the regionalization plan and monitor program quality and accountability. Current regional associations, lines of communication and collaboration, and programmatic resources existed to facilitate this initiative; however, significant planning efforts utilizing the regional association started immediately after the bill was passed.
In August 2015, a Regionalization Task Force was established as a mechanism to consult with juvenile probation departments and other stakeholders in the development of the plan. The task force includes representatives from the seven Texas juvenile probation chiefs’ associations, the Juvenile Justice Association of Texas and the Texas Probation Association, members of the Advisory Council on Juvenile Services, a juvenile prosecutor, a juvenile court judge, a representative of a coalition of youth advocacy groups, and a representative from the provider community. Additionally, internal TJJD subject matter experts support the task force.
The Regionalization Task Force, staff of the regionalization department, and others within TJJD together established the regionalization program details outlined in this plan, including:
- defining the target population and eligibility requirements;
- identifying and profiling regions to utilize for regionalization;
- establishing funding protocols for individual diversions and start-up funding establishment for expanding programing;
- assessing current and future regionalization capacity, in terms of available resources and identifiable needs; and
- outlining a simple diversion process for implementation by the counties.
See Attachment N: Regionalization Plan – 2016.
In 2016, TJJD created four new positions to support the regionalization department: three regional county program administrators assigned to support and carry out the mission of the division and one regional planner to assist in monitoring contracts, tracking and processing regionalization diversion applications, and providing general support services for the division. Since 2016, the regionalization department has grown, now consisting of five regional county program administrators, one community mental health specialist, and one manager of regionalization and county grants.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected. N/A
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
Approve applications and related protocols to administer the regional model.
- Divert individual youth from the TJJD by administering the regional diversion alternatives (RDA) grant:
- reviewing individual applications submitted by juvenile probation departments;
- approving applications that align with the summary requirements of the RDA grant;
and - working with probation departments to help them find resources for hard-to-place youth.
- Continued heightening of the regional model by:
- developing and creating the Facility Handbook;
- developing and creating resources for commercially sexually exploited youth (CSEY); and
- enhancing the juvenile justice field’s physical resources, 20 additional post- adjudication beds funded, and evidence-based tools to enhance the community supervision of youth placed.
Provide training on best practices.
Training is an essential role of TJJD, and the regionalization department collaborates with the Juvenile Justice Training Academy to ensure the training is responsive to the needs of the field. The regionalization department conducts model training throughout the state to assist departments with the development of programs. The department has participated in the development of training curriculums and worked with juvenile probation departments and juvenile justice professional organizations to provide webinars and in-person trainings. Department staff are available to conduct customized department-specific technical assistance trainings (e.g., data entry training, data analysis, case- management best practices, and program performance).
Assist in research-based program development.
The regionalization department includes five regional county program administrators and a community mental health specialist who upon request are available to conduct customized department-specific technical assistance trainings (e.g., data entry training, data analysis, case-management best practices, and program performance).
Monitor contract and program measures.
The regionalization department is responsible for the fiscal and programmatic monitoring of awarded grants and ensuring that output measures are achieved annually.
Analyze department data to provide guidance and maximize the impact of state funds.
The regionalization department includes five regional county program administrators and a community mental health specialist who provide direct support to the seven juvenile probation regions throughout Texas and monitors trends in statewide and county-specific referral and commitment data. This regular review enables the division to anticipate needs of the field.
Support best practices in juvenile justice.
The regionalization department aids probation departments with individual case resources, complex mental health needs, trauma responsive practices, and risk, needs and responsivity-based interventions. The Community Mental Health Program within the regionalization department supports local probation departments by:
- providing weekly information, education, and resources on various mental health disorders and treatment strategies;
- providing case consultation and collaboration for youth with complex mental health needs;
- activating inter-agency case collaboration with youth who are served by multiple agencies;
- assisting in locating appropriate placements for youth with complex mental health needs;
- bridges between systems that are able to meet the needs of the youth and the department; and
- providing weekly information, education, and resources on various mental health disorders and treatment strategies.
Enhance communication between the counties and the state.
Strengthening a one-system approach, regionalization has evolved and expanded, adding probation supports to the Texas juvenile justice system for the first time since the 2011 merger of the Texas Youth Commission (TYC) and Texas Juvenile Probation Commission (TJPC). These additional supports enhance regionalization’s mission to divert individual youth from commitment to TJJD and keep youth closer to home. Because the regionalization department supports and understands both the language and culture of both the local juvenile probation departments and TJJD state services division, regionalization is inherently equipped to build a bridge between these two entities. This bridge strengthens the continuity of care, improves quality communication, and ensures the underlying mission of 82nd Legislature’s SB 653, which “creat[es] a unified state juvenile justice agency that works in partnership with local county governments, the courts, and communities to promote public safety by providing a full continuum of effective supports and services to youth from initial contact through termination of supervision.”
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
|||||||||||||||||||||
|
|
|
Department salaries and operational expenses are supported by the approximately $1.2 million in TJJD general revenue appropriations budgeted to the probation services division.
The regional diversion alternatives grant is funded from TJJDs appropriation strategy A.1.8, Regional Diversion Alternatives and state services division cost savings generated by reduced commitments to TJJD. Since its first full of implementation, in FY 2017, $7 million to $10 million per year has been dedicated to this grant.
H. Identify any programs, internal or external to your agency, that provide identical or similar services or functions to the target population. Describe the similarities and differences.
No agency outside of TJJD provides identical services or functions to the youth of Texas. The regionalization department works with several state agencies to collaborate and enhance the services to address criminogenic need of referred youth and ensure the protection of local communities.
I. Discuss how the program or function is coordinating its activities to avoid duplication or conflict with the other programs listed in Question H and with the agency’s customers. If applicable, briefly discuss any memorandums of understanding (MOUs), interagency agreements, or interagency contracts.
The regionalization department regularly engages other youth-serving agencies to ensure that services available to our target population is communicated directly with the local juvenile justice servicing agencies. Other state agencies that we engage include:
- Office of the Governor (OOG) Child Sex Trafficking Team (CSTT) to facilitate the utilization of tools and programs for youth identified at risk of sex trafficking within the juvenile justice system of Texas;
- Health and Human Services Commission (HHSC) to collaborate on individual cases and hold regular meetings to review, address and enhance systems, assist with trainings/ presentations, and review current youth serving systems in an effort to enhance those systems to better meet youth need;
- Department of Family Services (DFPS) to engage in consistent collaboration on individual cases, hold regular meetings to review, address and enhance systems, and assist in communication with local probation departments;
- Texas Supreme Court Children’s Commission;
- Texas Institute for Excellence in Mental Health;
- Texas Department of Criminal Justice (TDCJ); and
- Texas Judicial Commission of Mental Health.
J. If the program or function works with local, regional, or federal units of government, include a brief description of these entities and their relationship to the agency.
The regionalization department works with the 165 juvenile probation departments that cover 254 counties in Texas to facilitate a one-system approach to juvenile justice. The Division collaborates with DFPS to coordinate services for dual-status youth. The division consistently partners with HHSC to facilitate responsive programming and individual county supports.
K. If contracted expenditures are made through this program please provide .. N/A
L. Provide information on any grants awarded by the program.
The regionalization department offers juvenile probation departments opportunities to apply for the Regional Diversion Alternatives (RDA) Program. The RDA Program is a Discretionary State Aid (DSA) grant created to comply with Section 223.001(c), Human Resources Code. The RDA grant:
- provides resources to juvenile probation departments to obtain rehabilitative services for juveniles, including but not limited to the following programs: intensive, community-based, residential, reentry, and aftercare; and
- is intended to divert appropriate juveniles from commitment to the TJJD.
M. Are there any barriers or challenges that impede the program’s performance, including any outdated or ineffective state laws? Explain.
Statutes relating to the use of a validated risk and needs assessment and legislative funding for such an instrument contain inconsistencies in implementing a fully evidence-based juvenile justice system. Using a risk-needs-responsivity approach to providing interventions is foundational to evidence-based practices because it provides the framework for consistently identifying which interventions are needed and measuring progress toward successful outcomes. The current statutes dealing with the use of validated risk and needs instruments create different expectations for juvenile courts and juvenile probation departments, and a lack of legislative appropriation to support TJJD providing a single platform for such an instrument limits the benefits the juvenile justice system could realize from a more cohesive approach.
Texas Human Resources Code §221.003 requires that “a juvenile probation department must, before the disposition of a child's case and using a validated risk and needs assessment instrument or process provided or approved by the department, complete a risk and needs assessment for each child under the jurisdiction of the juvenile probation department.” In addition, §221.003(b)(1) states, “any risk and needs assessment instrument or process that is provided or approved by the department for a juvenile probation department to use under subsection (b) must be a validated instrument or process.” No additional funding accompanied the mandate for a validated risk and needs assessment. In FY 2018, TJJD began providing grant funds to help probation departments purchase validated risk and needs assessments statewide, diverting funding to this project that otherwise could have enhanced other agency missions. As of the second quarter in fiscal year 2020, all 165 departments are now utilizing a validated risk and needs assessment tool. While this is a major milestone for the juvenile justice system, having contracts and data platforms individual to each local probation department renders TJJD and the juvenile justice system unable to reap the full benefits of such an instrument and creates barriers to the most robust risk-needs-responsivity approach possible. TJJD must overcome barriers to collect cohesive statewide data, perform program outcome evaluations, and implement incremental justice system improvements.
Another statute related to risk and needs assessments, Texas Family Code §54.04013, Special Commitment to Texas Juvenile Justice Department, lays out that “the court should consider the findings of a validated risk and needs assessment and the findings of any other appropriate professional assessment available to the court.” The language is passive using the word “should” when Human Resource Code 221.003 clearly outlines the importance of this tool being validated in accordance with best practices and before the disposition hearing. Intensifying this language to read “the court shall consider the findings of a validated risk and needs assessment” would inform judicial findings in the same way that HRC §221.003 intends to inform a juvenile probation department in the development of a dispositional recommendation, providing consistency across the juvenile justice system.
Texas Family Code §54.04013, Special Commitment to Texas Juvenile Justice Department, lays out that “the juvenile court may commit a child who is found to have engaged in delinquent conduct that constitutes a felony offense to the Texas Juvenile Justice Department without a determinate sentence if the court makes a special commitment finding that the child has behavioral health or other special needs that cannot be met with the resources available in the community.” This finding is contrary to the regionalization plan where a department may apply for individual diversion dollars and be approved, but the court decides to commit the juvenile despite resources being available to meet the child’s need.
Sections N-P: N/A
Probation State Aid and Targeted Grants Funding
A. Provide the following information at the beginning of each program description.
- Name of Program or Function: Probation State Aid and Targeted Grants Funding
- Location/Division: Probation Services
- Contact Name: Amy Miller
- Statutory Citation for Program: Chapter 223, Texas Human Resources Code. Sections 221.051, 221.052, 203.008, 221.008, and 223.004, Texas Human Resources Code. Section 783.008, Texas Government Code.
B. What is the objective of this program or function? Describe the major activities performed under this program.
The County Grants team is responsible for developing, administering, and monitoring the state aid and targeted grants TJJD offers to all juvenile probation departments from funds appropriated for general and discretionary state aid to the probation system, regionalization services, prevention and intervention programs, juvenile justice alternative education programs, and the Title IV-E federal program. Department functions include helping to determine grant goals and allocations; managing grant application, review, and awarding functions; administering the grant contract; designing grant programs; managing grant budgets, disbursements, and expenditures; monitoring grant compliance; and reporting grant performance. Major activities performed by this team include:
Grant Awards. TJJD uses an objective and transparent grant award process that complies with required federal and state laws and guidelines applicable to each type of grant.
Contract Administration. The State Aid and Targeted Grants and General Grants Requirements contract of each juvenile probation department is managed through a variety of activities throughout the year to ensure compliance. These activities include reviews of budgets and quarterly expenditure reports, providing consultation on allowable grant expenses and practices, approving budget adjustment and other grant activity requests, and reviewing local county expenditures and match requirements.
Grant Financial Transaction Administration. Each probation department’s grant activity, budget adjustments, and expenditures are reviewed and regular grant disbursements are recommended to the TJJD Finance Division for final payment. The team also documents de- obligations and refunds of grant.
Grant Contract Monitoring. Monitoring of probation departments is completed to review compliance with key state aid and targeted grants contract provisions and confirm there is reasonable evidence that service delivery is consistent with contract requirements.
Independent Audit Review. This team issues annual independent audit requirements and reviews the audit reports for all grant funds submitted by juvenile probation departments in accordance with Generally Accepted Auditing Standards (GAAS), Government Auditing Standards (GAS), and the issued requirements.
C. What evidence can you provide that shows the effectiveness and efficiency of this program or function? In Exhibit 12, provide a list of statistics and performance measures that best convey the effectiveness and efficiency of this program or function. Also, please provide the calculation or methodology behind each statistic or performance measure. Please refer to, but do not repeat measures listed in Exhibit 2.
TJJD provides funding to 165 Juvenile Probation Departments, which supports the maintenance of a juvenile probation system that serves all 254 counties in Texas. While each individual department receives differing ratios of state to local funding, Texas provides about 25 percent of juvenile probation funding state-wide. In FY 2020, TJJD allocated just over $159 million in funds through these grants.
TJJD targets discretionary funding toward strategic needs in the juvenile justice system. In FY 2019 and FY 2020, TJJD issued six requests for competitive grant applications to support community-based and residential probation programs and services and awarded 34 grants totaling $4,364,422.
Community Juvenile Justice Appropriations, Riders, and Special Diversion Programs Report. TJJD is required to submit to the Office of the Governor and Legislative Budget Board an annual report providing detailed monitoring, tracking, utilization, and effectiveness information on all funds appropriated in the agency’s Goal A, Community Juvenile Justice. The report includes information on the impact of any new initiatives and all programs tracked by TJJD, including prevention and intervention programs; residential placements; enhanced community-based services for serious and chronic felons such as sex offender treatment, intensive supervision, and specialized supervision; community-based services for misdemeanants no longer eligible for commitment to TJJD; Commitment Diversion Initiatives; and Regional Diversion Alternatives. The latest report is from December 2020.
See “Number of Regional Diversions” in Exhibit 2.
D. Describe any important history regarding this program not included in the general agency history section, including how the services or functions have changed from the original intent. If the response to Section III of this report is sufficient, please leave this section blank.
The structure and methods of providing grants to local probation departments have shifted through the years with changes in appropriation structure, statute, general appropriations rider requirements, and various audit findings. Key changes that impact current grants include:
- legislative adjustment of appropriation strategies for grant funds in the 83rd legislative session;
- creation of a new appropriation strategy in the 85th legislative session regional diversion alternatives designed to divert juveniles from TJJD commitment and corresponding changes to Human Resources Code 203.017 directing TJJD to create and implement a regional plan and direct state cost savings generated by resulting reductions in TJJD commitment to probation departments beginning in fiscal year 2018;
- amendment of Human Resources Code 223.001 in the 85th legislative session to require that TJJD set aside a portion of state aid for discretionary state aid grants;
- creation of a new funding formula that was implemented in fiscal year 2016 and updated for fiscal year 2022;
- reorganization to bring the grant team together into one department within TJJD’s Probation Services division in fiscal year 2018; and
- implementing updated grant monitoring protocols in fiscal year 2018.
E. List any qualifications or eligibility requirements for persons or entities affected by this program, such as licensees, consumers, landowners, for example. Provide a statistical breakdown of persons or entities affected.
TJJD grants are provided as pass-through funding from the Legislature to the 165 probation departments operating across the state and non-governmental entities that may support services to youth at risk of referral to or already involved in the juvenile probation system. Probation departments operating under the direction of a juvenile board in Texas are eligible to receive grants awarded by formula, competitive application, or reimbursement for eligible services provided by the departments. While TJJD has the authority to award targeted grants through competitive application to non-governmental entities serving the juvenile justice system, the agency currently chooses to award all grant funds directly to probation departments. Grants may be renewed for additional fiscal years to probation departments meeting grant performance criteria. All probation departments must execute a State Aid and Targeted Grants Contract with TJJD and submit an approved grant budget before receiving funds each fiscal year.
F. Describe how your program or function is administered, including a description of the processes involved in the program or function. Include flowcharts, timelines, or other illustrations as necessary to describe agency policies and procedures. Indicate how field/regional services are used, if applicable.
Grant Awards. State aid formula funding is awarded annually upon TJJD board approval of staff funding recommendations. Appropriated funds are entered into the formula calculation spreadsheet and resulting allocations for each of the five categories of SAFF and flexible funds to be budgeted into the five categories by probation departments are presented to the board in the summer before the funded fiscal year for review and approval before being issued to probation departments. Discretionary grant allocation programs are awarded through a competitive selection process, with applications solicited when grant funds are available. These grants are renewable each year, depending on grant performance, for up to six years. Discretionary grant reimbursement programs provide replacement funds for probation department expenditures to provide specifically approved programs or services to approved juveniles.
Contract Administration. The State Aid and Targeted Grants and General Grants Requirements contract is completely reviewed and edited in the fiscal year between each legislative session and finalized by TJJD immediately after each session is completed to implement any changes needed as a result of legislative actions. The final draft of the contract is presented to the TJJD board for approval, with a request to grant the agency executive director authority to execute and amend the contract, as needed, for the next biennium. Fully executed contracts, signed by the chief juvenile probation officer, probation department fiscal officer and juvenile board chair, and TJJDs executive director are required before a probation department receives grant funding. Contracts are in effect for a full biennium and may be amended, as needed.
Grant Financial Transaction Administration. In the summer before each fiscal year, TJJD staff present proposed probation grant allocations to the TJJD board for approval that outline the recommended allocation of state aid formula funds, direct grants, and discretionary state aid grants for each department and the amounts and methods of allocation proposed for any remaining discretionary grant funds and reimbursement grants. Each juvenile probation department has an assigned grant coordinator who is responsible for regularly reviewing and approving that department’s grant financial transactions. Probation departments submit their grant budgets after receiving initial grant allocations, and the grant coordinator must approve their budget before the probation department is able to receive a disbursement of grant funds. The grant coordinator monitors grant activity, approves requests for budget adjustments or other grant waivers or amendments allowed by contract, ensures timely expenditure reporting, reconciles expenditure reports with grant budgets, and recommends monthly grant disbursement amounts to the TJJD Finance Division for payment throughout the fiscal year. At the end of the year, the grant coordinator ensures any allocated funds not expended are de- obligated or refunded back to TJJD.
Grant Contract Monitoring. Probation department grant activity is monitored at regular intervals for compliance with key contract provisions in accordance with procedures set out in probation services division internal procedures. See Attachments P: Grant Compliance Methodology and Q: Grant Monitoring. The agency grant manager completes a risk assessment of factors such as amount of funds granted, number of different grant programs, previously identified issues with grants for that department and amount of time elapsed since last annual monitoring at the beginning of each biennium. The schedule for monitoring is determined based on the risk assessment results, with all high-risk departments receiving a full annual monitoring, all medium risk departments receiving a quarterly monitoring, and 25 percent of low risk departments receiving a quarterly monitoring during the biennium. All departments receive a full annual monitoring at least once every 4 years, and departments receiving $750,000 or more per year in grant funds receive a full annual monitoring each biennium. Special monitoring may be completed at the discretion of TJJD.
Independent Audit Review. The State Aid and Targeted Grants Contract requires departments receiving grant funds to undergo an independent audit review unless granted a waiver from the requirement by TJJD. Independent audit waivers may be granted to departments receiving $750,000 or less in funds every other year, depending on the results of TJJDs eligibility assessment that includes factors such as timely submission of contractually required reports, issues identified in the department’s most recent independent audit, and results of the department’s most recent grant monitoring. The grant contact monitor issues independent audit instructions and reviews submitted audit reports in accordance with probation services division internal procedures See Attachment R: Independent Financial Audits. When concerns are noted in the review, the grant monitor communicates with the probation department to gain additional clarifying information or a plan of action to correct the issue noted through changes in procedure and, if necessary, refunds to TJJD.
G. Identify all funding sources and amounts for the program or function, including federal grants and pass-through monies. Describe any funding formulas or funding conventions. For state funding sources, please specify (e.g., general revenue, appropriations rider, budget strategy, fees/dues).
Department salaries and operational expenses are supported by the approximately $1.2 million in TJJD general revenue appropriations budgeted to the probation services division.
TJJD general revenue appropriations found in Goal A, strategies A.1.1. through A.1.8., of the agency’s General Appropriations Act section provide the funding for all TJJD grants except the Title IV-E reimbursement program, which is supported by federal funds.
PROGRAM DETAIL |
FTE
|
APPROPRIATIONS
|
||||||||||||||||||||||||
|
|