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The Creation of TAC 355: Standards for Non-Secure Facilities - A Triumph in Teamwork

By Doug Vance, PhD, Advisory Council Chair

AUSTIN, Texas –
Background:
Almost a decade ago, the Texas Legislature instructed the Texas Juvenile Probation Commission (TJPC) to develop Standards of Care (Administrative Rules) that would govern non-secure residential facilities operated by local Juvenile Probation Boards. At that time, there were approximately eleven such programs being operated in Texas by nine different Juvenile Probation Departments.

While several of these programs were licensed by the Texas Department of Family and Protective Services, several others were operating without independent state oversight. As such, TJPC initiated a standards development project. However, due to a variety of circumstances, the project was left pending for several years and never completed.

In October 2012, newly appointed TJJD Executive Director, Mike Griffiths, met with Doug Vance and addressed the Standards Committee requesting that the committee’s next project involve the drafting of standards for Non-Secure Correctional Facilities. Mr. Griffiths additionally requested that the committee attempt to complete the project by the fall of 2013. After some discussion, the Standards Committee agreed to take on the assignment.

TAC 355 Committee Development:
The first priority was to assemble a workgroup of dedicated and knowledgeable professionals representative of the scope and makeup of Juvenile Justice in Texas. Therefore a committee was soon established consisting of membership from the Advisory Council, TJJD, Juvenile Probation Chiefs Associations, Juvenile Justice Professional Organizations, as well as from specific juvenile probation departments operating non-secure facilities.

Project Outline:
The committee’s inaugural meeting was held in March 2013 in Austin at the Travis County Juvenile Probation Department. During this initial meeting, each county representative presented an overview of their agency’s Non-Secure Program detailing many of its unique program components. Second, a time-line for completion was established with specific goals and associated plan of action.

Committee Work:
The lofty goal was to draft a base set of standards that would be flexible enough to encompass the multitude of non-secure facilities currently in operation, while at the same time not compromising the health, safety, and welfare of children, and that would be flexible enough to allow for the creation of hybrid type non-secure facilities in the future — audacious to say the least!

Using TAC 343 Standards for Secure Facilities as a reference guide, the committee began drafting nonsecure standards that followed the already established TAC 343 model and format.

However, after only a few meetings the standards committee was suddenly diverted from its initial task and asked by TJJD Executive Staff to shift attention towards drafting an “emergency set of rules” for nonsecure facilities as TJJD Executive Staff indicated a sudden urgency to get a base set of emergency rules in place that would ensure the immediate health and safety of residents and that would remain in effect until our final draft could be completed and adopted by the TJJD Board.

As such TJJD legal staff presented the committee with a working draft of emergency rules for review and comment. The committee spent one entire day going through the draft line-by-line editing and revising as deemed appropriate until the committee was satisfied the draft was ready for submission to the TJJD Board of Directors.

The draft of “emergency rules” was subsequently adopted by the TJJD Board during their May 2013 regular board meeting. By rule, emergency rules may only remain in effect for up to six months. Therefore, the committee had to then quickly shift its attention and energies back to our original task.

The committee worked extremely hard over the next few months and as a result was able to complete its work by July 2013. The proposed standards were presented to the TJJD Board of Directors during its July 26, 2013, regular board meeting for initial posting for public comment in the Texas Register. Final adoption by the TJJD Board of Directors occurred at the October 18, 2013, Board Meeting. A state-wide effective date of January 1, 2014, was adopted.

Challenges:
The standards committee faced arduous challenges with this project. To begin with, being requested to draft both an emergency set of standards as well as a complete draft of newly created standards that would be comprehensive enough to address all key areas of facility management, all within a five month time-line, was something that had never been done before, and thus proved an enormous challenge to say the least.

Second, drafting a comprehensive definition of a “Non-Secure Correctional Facility” proved quite difficult as one did not exist. The committee wanted to ensure the definition that we came up with would encompass all the necessary components required of a non-secure facility.

Additionally, we needed to make modifications to TAC 344 pertaining to training and officer certification, as there was a need to ensure proper training requirements for certification were in place for the newly created position of “Youth Activity Supervisor.”

Despite the multitude of challenges this committee faced, members remained undaunted in their work, unwavering in their commitment, and unyielding in their fortitude, assiduously pressing onward towards project completion.

Summary:
While we recognize that standards in and of themselves are limiting by nature, our goal was not to simply develop a set of arbitrary rules requiring blind adherence. Rather, our desire was to create a “base set” of guiding principles and related standards of care that would not only serve to ensure an adequate amount of safety and protection for children, but that would also be inherently flexible enough to accommodate limited revisions as necessary to meet the specific requirements of any type of unique, non-traditional program that may be approved for operation.

The committee acknowledged that there were a multitude of varying types of non-secure program models currently in existence, ranging anywhere from tiny halfway houses, to transitional living centers, to large residential treatment centers, and that each of these programs, while similar in many ways, were also unique.

Therefore, our desire was that these standards not restrict creativity, nor limit probation departments from developing the type of non-secure program, traditional or non-traditional, that they have a particular need for in their respective communities. I am very proud to say the committee’s final draft did just that - “Mission Accomplished!”

In closing I want to offer sincere praise to each of the committee members. Without their dedication, commitment, knowledge, and skill, the success of this project would not have been possible and each one of them is deserving of much praise.

Additionally I want to recognize Ms. Estela Medina for her unwavering support and consistent encouragement, and also for graciously inviting the committee to make full use of her facilities and staff resources during the duration of this project.

Closing:
This project was truly a triumph in teamwork. Not only does it provide a sagacious framework for current thought, but perhaps more importantly, it will stand forever as an organizational archetype inspiring future generations to pattern after.

In conclusion, the TAC 355 project will forever remind us of what great things can be accomplished when the Texas Juvenile Justice Department, Juvenile Probation, and Juvenile Justice Professional Associations all work together, with singularity in purpose, committed to a common cause, all for the betterment of Texas Juvenile Justice.

Standards Committee Membership - TAC 355 Project:
Doug Vance, PhD Chair
Phil Hayes, Vice-Chair
Darryl Beatty
Linda Brooke
Ed Cockrell
Karol Davidson
Terri Dollar
Scott Friedman
Richard Garza
Kavita Gupta
Tom Hough
Ashley Kintzer
Vicki Line
Sal Lopez
Reba Moore
Jesse Murillo
Leah Probst
Steve Roman
Laura Torres
Jim Vines
James Williams
Ross Worley

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