Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE › Chapter 163 - COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS › Section 163.40 - Substance Abuse Treatment

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				These words and terms, when used in this section, shall have the following
				meanings, unless the context clearly indicates otherwise.
(1) "Admission" is the administrative process
				and procedure performed to accept an offender into a treatment program or
				facility.
(2) "Aftercare" is the
				counseling and community based support services that are designed to provide
				continued support for treatment delivered in a residential or outpatient
				program.
(3) "Aftercare Caseloads"
				is the supervision of and support services for offenders who have completed a
				substance abuse treatment program.
(4) "Assessment" is a process conducted by a
				qualified credentialed counselor or counselor intern trained to administer a
				structured interview to determine the nature and extent of an offender's
				chemical abuse, dependency, or addiction, and to assist in making an
				appropriate referral. Other criminogenic risks and needs will be assessed and
				incorporated into the individual treatment plan.
(5) "Best Practices" are evidence based
				substance abuse treatment programs that address concepts such as criminogenic
				risks and needs, responsivity, and cognitive behavioral treatment, and programs
				that possess the following hallmarks:
(A)
				Validated treatment assessments that include criminogenic risks and need
				factors;
(B) A treatment regimen
				that focuses on changing criminogenic risks and needs, behaviors, and thinking
				patterns;
(C) A treatment regimen
				that includes a specific, cognitive behavioral program that has been recognized
				in professional criminal justice journals;
(D) Responsivity in addressing offenders'
				needs and employment of qualified staff; and
(E) Measurable outcomes to reduce substance
				abuse, dependency, or addiction as well as other criminogenic risks and
				needs.
(6) "Chemical
				Dependency" is a substance related disorder as defined in the most recent
				published edition of the
Diagnostic and Statistical Manual of Mental
				Disorders.
(7) "Continuum
				of Care" is a system that provides for the uninterrupted provision of essential
				services from initial assessment through completion of treatment.
(8) "Counseling" is face-to-face interaction
				between offenders and counselors to help offenders identify, understand, and
				resolve personal issues and problems related to their substance abuse or
				chemical dependency. Counseling may take place in groups or in individual
				meetings.
(9) "Counselor" is a
				graduate or counselor intern working towards licensure that would certify the
				individual to be a qualified credentialed counselor.
(10) "Counselor Intern" (CI) is a person
				seeking a license as a chemical dependency counselor who is registered with the
				Texas Department of State Health Services (DSHS) and pursuing a course of
				training in chemical dependency counseling at a registered clinical training
				institute or under the supervision of a certified supervisor.
(11) "Criminogenic Risk and Needs" are
				dynamic risk factors that are directly related to crime production, such as
				antisocial peers; antisocial beliefs, values, and attitudes; substance abuse,
				dependency, or addiction; anger or hostility; poor self-management skills;
				inadequate social skills; poor attitude toward work or school; and poor family
				dynamics.
(12) "Detoxification" is
				chemical dependency treatment designed to systematically reduce the amount of
				alcohol and other toxic chemicals in an offender's body, manage withdrawal
				symptoms, and encourage the offender to continue ongoing treatment for chemical
				dependency.
(13) "Direct Care
				Staff" is staff responsible for providing treatment, care, supervision, or
				other direct client services that involve face-to-face contact with an
				offender.
(14) "Discharge" is
				formal documented termination of services.
(15) "Discharge Summary" is a written report
				of the offender's progress and participation while in treatment, including a
				discharge plan that provides an aftercare or supervision plan designed to
				sustain progress for offenders successfully completing treatment.
(16) "Education" is instruction; a planned,
				structured presentation of information that is related to substance abuse or
				chemical dependency. Education is not considered counseling.
(17) "Emergency" is a situation requiring
				immediate attention and action to treat or prevent physical or emotional harm
				or illness.
(18) "Evaluation" is a
				process conducted by a community supervision officer (CSO) trained to
				administer the Texas Department of Criminal Justice Community Justice
				Assistance Division (TDCJ CJAD) Substance Abuse Evaluation instrument to
				determine the nature and extent of an offender's chemical abuse, dependency, or
				addiction to assist in making an appropriate referral. Other criminogenic risks
				and needs will be assessed and incorporated into the individual treatment
				plan.
(19) "Facility" is the
				physical location of the treatment program operated by, for, or with funding
				from the TDCJ CJAD. Some locations may be secured facilities for inpatient
				treatment; other programs may be offered at locations as outpatient
				treatment.
(20) "Graduate" is an
				individual who has successfully completed, or been exempted from, supervised
				work experience and who is still registered with the DSHS as a CI, as defined
				by the DSHS.
(21) "Grievance" is a
				formal complaint limited to matters affecting the complaining offender
				personally and limited to matters that the facility or program has the
				authority to remedy.
(22) "Intake"
				is the process of gathering information to determine if an offender is eligible
				and appropriate for services as well as providing information to the offender
				about a program's services and rules.
(23) "Intensive Outpatient Treatment" is an
				outpatient treatment program that delivers no less than six hours per week of
				chemical dependency counseling.
(24) "Life Skills Training" is a structured
				program of training, based upon a written curriculum and provided by qualified
				staff designed to help offenders with social competencies, such as
				communication and social interaction, stress management, problem solving,
				decision making, and management of daily responsibilities.
(25) "Primary Counselor" is an individual
				working directly with and responsible for the treatment of the
				offender.
(26) "Qualified
				Credentialed Counselor (QCC)" is a licensed chemical dependency counselor or
				one of the practitioners listed below who is licensed and in good standing in
				the state of Texas as defined by the DSHS:
(A) Licensed professional
				counselor;
(B) Licensed master
				social worker;
(C) Licensed
				marriage and family therapist;
(D)
				Licensed psychologist;
(E) Licensed
				physician (MD or DO);
(F) Licensed
				physician's assistant;
(G)
				Certified addictions registered nurse; or
(H) Licensed psychological associate;
				and
(I) Nurse practitioner
				recognized by the Board of Nursing as a clinical nurse specialist or nurse
				practitioner with specialty in psyche-mental health.
(27) "Responsivity" is matching the
				characteristics of the offender with the program modality, and the knowledge,
				skills, and abilities of the staff. It includes offender's learning style and
				readiness for treatment; the quality of the treatment relationship; and the
				staff's therapeutic approach, cultural competency, use of reinforcement, and
				modeling.
(28) "Screening" is the
				initial stage of a process when it is determined whether an offender has a
				chemical dependency problem that may require further assessment or
				evaluation.
(29) "Senior Counselor,
				Unit Manager, or Unit Supervisor" is a supervisory staff member who directs,
				monitors, and oversees the work performance of subordinate staff
				members.
(30) "Special Needs
				Populations" are offenders who have significant problems in the areas of mental
				health, diminished intellectual capacity, or medical needs.
(31) "Structured Activity" is a planned,
				interactive, scheduled event that is overseen by staff in which participants
				actively take part in an activity related to recovery, health, life skills, or
				interpersonal skills.
(32)
				"Supportive Outpatient Treatment" is an outpatient treatment program that
				delivers no less than two hours per week of chemical dependency
				counseling.
(33) "Treatment" is a
				planned, structured, and organized program, either residential or
				nonresidential, designed to initiate and promote an offender's chemical free
				status or to maintain the offender free of illegal drugs. It includes, but is
				not limited to, the application of planned procedures to identify and change
				patterns of behavior related to or resulting from chemical dependency that are
				maladaptive, destructive, or injurious to health, or to restore appropriate
				levels of physical, psychological, or social functioning lost due to chemical
				dependency.
(34) "Treatment Team"
				is the team consisting of at least the offender, the offender's counselor, and
				a CSO or residential CSO when appropriate.