37 TAC §§346.1-346.5
The Texas Juvenile Probation Commission adopts new §346.1
through §346.5 concerning case management standards for juvenile justice
practitioners without changes to the proposed text as published in the October
16, 1998 issue of the
Texas Register
(23 TexReg
10627) and will not be republished.
The agency adopts these standards to provide uniform procedures for planning
and managing probation caseloads.
The adoption of these case management standards will ensure the delivery,
quality, and uniformity of probation services throughout the state. TJPC will
provide the SJS instrument, training on the instrument, and technical assistance
when needed.
The following public comments were received:
Regarding §346.2 Assessment.
Public comment: standard should be changed from "require the Compass be
completed for all juveniles who receive a disposition," to "all juveniles
who are formally referred to the juvenile probation department."
Agency response: no change recommended because the standard is clear as
to what it requires.
Public comment: whenever the adjudication and disposition are bifurcated
hearings, the SJS worksheet should be completed subsequent to the adjudication
and prior to the disposition.
Agency response: The standard as written does not prohibit departments
from administrating the Strategies in Juvenile Supervision (SJS) prior to
the disposition hearing; however it is preferred that the assessment be conducted
after the disposition hearing because it is an assessment designed to aid
in case planning and not for recommending a disposition. It is a requirement
to administer the (SJS) prior to developing a case plan. The TJPC agrees with
the comment on requiring the (SJS) be administered on all juveniles that are
on court ordered probation.
Public comment: change the implementation date to May 1, 1999 and omit
346.2 (2). The justification is that staggering the implementation from January
1, 1999 to September 1, 2000 creates a disparity in supervision and services.
Case auditing and tracking of SJS and another management system would be difficult
and confusing.
Agency response: The staggering of the implementation dates for progressive
sanctions is to allow sufficient time for all departments to administer the
(SJS). By September 1, 2000, all juveniles that are court ordered to probation
should have an (SJS) assessment. The standard as written does not prohibit
a department from implementing an earlier time line for administering the
(SJS). There is no recommended change to the standard. It is recommended to
the board to adopt the standard as written.
Regarding 346.3 Case Planning and Review.
Public comment: Case plan should be written within thirty days for all
juveniles assigned to court ordered probation. Also, change the implementation
date to May 1, 1999. The justification is equal treatment for all juveniles
on court-ordered probation.
Agency response: The standard as written accommodates juveniles on progressive
sanctions level 2, who can have juveniles placed on court ordered probation
up to six months. The standard as written does not prohibit a department from
implementing written case plans prior to the time lines set in the standard.
There is no recommended change to the standard.
These standards are adopted under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards, including rules establishing case management standards.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
7, 1998.
TRD-9818188
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Effective date: December 27, 1998
Proposal publication date: October 16, 1998
For further information, please call: (512) 424-6681