Section 700.528 - What is Tier II: Human Trafficking Victim/Survivor Services to Support Stabilization Package?(a) A highly structured, trauma-informed facility that, in addition to providing a child's basic living needs, has an intensive treatment program that specializes in providing and coordinating time-limited services to support the emotional stability, well-being, and therapeutic needs of children, youth, and young adults who are experiencing challenges with a lack of impulse control, and has been determined to be a victim/survivor of sex and/or labor trafficking, and has or is pending a DSM diagnosis for an emotional, behavioral, neurological, and/or developmental disorder.(b) Children, youth, and young adults qualifying for this service may be determined to be a victim/survivor of trafficking based on one or more of the following criteria: (1) As a result of a criminal prosecution or who is currently alleged to be a victim/survivor of trafficking in a pending criminal investigation or prosecution;(2) Identified by the parent or agency that placed the child, youth, or young adult in the operation as a victim/survivor of trafficking; or(3) Determined by the operation to be a victim/survivor of trafficking based on reasonably reliable criteria, including one or more of the following: (A) The child's own disclosure as a victim/survivor of trafficking;(B) The assessment of a counselor or other professional; or(C) Evidence that the child was recruited, harbored, transported, provided to another person, or obtained for the purpose of forced labor or commercial sexual activity.(c) In addition to the determination of status as a victim/survivor of trafficking, and having a qualifying DSM diagnosis, the child, youth, or young adult, for whom other forms of specialized treatment have been tried and rendered unsuccessful, and/or treatment in a less-restrictive setting such as a Foster Family Home or General Residential Operation- Tier I facility is not safe and appropriate based on individualized needs and absent the Tier II intervention, the child, youth, or young adult's well-being, or that of others they interact with, may be at risk, and may demonstrate two or more of the following: (1) Severe and chronic challenges in school, with peers, and/or in other social settings; or(2) Severe and chronic challenges with authority and following rules (beyond what would be considered age-appropriate behavior); or(3) Recurring delinquent behaviors which may have resulted in juvenile justice or law enforcement involvement; or(4) Major self-injurious actions, including a suicide attempt within the last 12 months; or(5) Difficulties that present a significant risk of harm to others, including frequent or unpredictable violence or physical aggression; or(6) Substance-related issues or a pending diagnosis for an addictive disorder; or(7) If DSM diagnosis is for an Intellectual or Developmental Disability or Autism Spectrum Disorder, the child's behavior is characterized by prominent, severe deficits and pervasive impairment in one or more of the following areas (of development if diagnosis is Autism Spectrum Disorder): (A) Conceptual, social, and practical adaptive skills to include daily living and self-care;(B) Communication, cognition, or expressions of affect;(C) Self-care activities or participation in social activities;(D) Responding appropriately to an emergency; or(E) Multiple physical disabilities, including sensory impairments.(d) This Service Package is designed to offer temporary, facility-based care, for children, youth, and young adults based on their individual strengths and needs, with the overall goal of achieving emotional and behavioral stability to the level that successful transition to a less restrictive placement offering treatment and recovery services can be achieved.(e) The Operation and Direct Care Staff must be Credentialed to provide Tier II: Human Trafficking Victim/Survivor Services in accordance with the guidelines and requirements as defined by the Department of Family and Protective Services pursuant to Chapter 40 of the Texas Human Resources Code.40 Tex. Admin. Code § 700.528
Adopted by Texas Register, Volume 49, Number 51, December 20, 2024, TexReg 10391, eff. 12/22/2024