TITLE public-safety-and-corrections

Part XI. Texas Juvenile Probation Commission

Chapter 343. Standards for Juvenile Pre-Adjudication Secure Detention Facilities

37 TAC §343.9

The Texas Juvenile Probation Commission proposes amendments to §343.9 concerning security and control in juvenile pre-adjudication secure detention facilities. The amendment is being proposed in an effort to clarify reporting requirements regarding special incidents in juvenile pre-adjudication secure detention facilities.

Maribeth Powers, Director of Field Services, has determined that for the first five year period the amendments and are in effect, there will be no fiscal implications for state or local government as a result of enforcement.

Ms. Powers has also determined that for each year of the first five years the amendments are in effect, the public benefit anticipated as a result of enforcing the amendments will be improved reporting of special incidents in secure juvenile facilities and increased accountability in the juvenile justice system. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the amendments as proposed.

Comments on the proposed amendments may be submitted to Maribeth Powers at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas, 78711.

The amendments are proposed under Texas Human Resource Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.

No other code or article is affected by the amendment.

§343.9.Security and Control.

(a)

Written policy and procedure, and practice of the following standards shall apply to all detention facilities.

(1)-(2)

(No change.)

(3)

Special Incidents. Written policy, procedure, and practice shall ensure that all [ All ] special incidents including, but not limited to , the taking of hostages, escapes, assaults, staff use of restraint devices, chemical agents, and physical force shall be reported in writing to the administrative officer [ Administrative Officer ]. A copy of the report shall be [ is ] placed in the permanent file of the juvenile concerned. Written procedure shall designate persons or officials at the local level, as deemed appropriate by the juvenile board, to whom notice of special incidents shall be provided.

(4)-(7)

(No change.)

(b)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 5, 1999.

TRD-9904024

Steve Bonnell

Deputy Executive Director

Texas Juvenile Probation Commission

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 424-6681

Chapter 344. Standards for Juvenile Post-Adjudication Secure Correctional Facilities

37 TAC §344.8

The Texas Juvenile Probation Commission proposes amendments to §344.8 concerning security and control in juvenile post-adjudication secure correctional facilities. The amendment is being proposed in an effort to clarify reporting requirements regarding special incidents in juvenile post-adjudication secure correctional facilities.

Maribeth Powers, Director of Field Services, has determined that for the first five year period the amendments are in effect, there will be no fiscal implications for state or local government as a result of enforcement.

Ms. Powers has also determined that for each year of the first five years the amendments are in effect, the public benefit anticipated as a result of enforcing the amendments will be improved reporting of special incidents in secure juvenile facilities and increased accountability in the juvenile justice system. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the amendments as proposed.

Comments on the proposed amendments may be submitted to Maribeth Powers at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas, 78711.

The amendments are proposed under Texas Human Resource Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.

No other code or article is affected by the amendment.

§344.8.Security and Control.

(a)-(b)

(No change.)

(c)

Special Incidents. Written policy, procedure, and practice shall ensure that all special incidents including, but not limited to, the taking of hostages, escapes, assaults, staff use of restraint devices and physical force shall be reported in writing to the administrative officer. A copy of the report shall be placed in the file of the resident(s) involved in the incident. Written procedure shall designate persons or officials at the local level, as deemed appropriate by the juvenile board, to whom notice of special incidents shall be provided.

(d)-(j)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 5, 1999.

TRD-9904025

Steve Bonnell

Deputy Executive Director

Texas Juvenile Probation Commission

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 424-6681

Chapter 349. Standards for Child Abuse and Neglect Investigations in Secure Juvenile Facilities

Subchapter A. Intake, Investigation, and Assessment

37 TAC §349.118

The Texas Juvenile Probation Commission proposes an amendment to §349.118 concerning administrative review of investigation findings in cases of child abuse and/or neglect in secure juvenile facilities. The amendment is being proposed in an effort to clarify the role of the Texas Advisory Council on Juvenile Services in the investigation of child abuse and neglect in secure juvenile facilities and to authorize final appeals of disputed findings to the State Office of Administrative Hearings (SOAH).

Lisa Capers, Deputy Executive Director and General Counsel, has determined that for the first five year period the amendment is in effect, there will be no fiscal implications for local government as a result of enforcement or implementation. The state government fiscal impact will vary according to the length of the appeals processes, if any, carried out by the State Office of Administrative Hearings. The fee charged by the SOAH for hearing such appeals is set at $90 per hour.

Ms. Capers has also determined that for each year of the first five years the amendment is in effect, the public benefit expected as a result of enforcement or implementation will be a clarification of the appeals process with respect to investigative findings in cases of child abuse or neglect. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the amendments as proposed.

Public comments on the proposed amendment may be submitted to Erika Sipiora at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas, 78711-3547.

The amendment is mandated under Texas Family Code §261.401(b) and proposed under Texas Human Resources Code §141.042, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.

No other code or article is affected by the amendment.

§349.118.Administrative Review of Investigation Findings.

(a)-(f)

(No change.)

(g)

The Executive Director of TJPC shall appoint a three member review committee to conduct the review. TJPC's Advisory Board shall assist the review committee in an advisory capacity only. The review committee [ reviewer ] must confirm or revise TJPC's original dispositions based on the same policies that TJPC applied during the original investigation. Within 30 days after completing the review, the review committee [ reviewer ] notifies the designated perpetrator or designated victim/perpetrator of the outcome of the review.

(h)

The review committee's [ reviewer's ] notification must inform the designated perpetrator or designated victim/perpetrator that he can appeal to the State Office of Administrative Hearings [ complain to TJPC's Advisory Board ] if he is dissatisfied with the review committee's [ reviewer's ] decision. To this end, the notification must explain the procedure for making an appeal [ include the address and telephone number of the advisory board ].

(i)

If the review committee [ reviewer ] or the State Office of Administrative Hearings [ advisory board ] revises TJPC's original findings or advises TJPC to take any other actions in the case, TJPC must:

(1)-(3)

(No change.)

(j)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 5, 1999.

TRD-9904026

Steve Bonnell

Deputy Executive Director

Texas Juvenile Probation Commission

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 424-6681