Part 11.
TEXAS JUVENILE PROBATION COMMISSION
Chapter 341.
TEXAS JUVENILE PROBATION COMMISSION STANDARDS
37 TAC §§341.1-341.12, 341.21-341.23
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Juvenile Probation Commission proposes
the repeal of Chapter 341, §§341.1-341.12 and §§341.21-341.23,
relating to Texas Juvenile Probation Commission standards. The repeal is in
an effort not to overlap with proposed new standards which provide structural
and substantive changes from the current standards.
Erika Sipiora, Staff Attorney, has determined that for the first five year
period the repeal is in effect, there will be no fiscal implications for state
or local government or small businesses as a result of enforcement or implementation.
Ms. Sipiora has also determined that for each year of the first five years
the repeal is in effect, the public benefit expected as a result of the repeal
and adoption of new proposed standards is consistent standards to all counties
across the State of Texas which will provide TJPC with a more accurate account
in evaluating the effectiveness and services provided within the juvenile
probation system. There will be no impact on small business or individuals
as a result of the amendments.
Public comments on the repeal may be submitted to Kristy M. Carr at the
Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas, 78711-3547.
The repeal is proposed 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.
No other code or article is affected by the repeal.
§341.1.Establishing Code of Ethics for Juvenile Probation Services Personnel and Providing for Enforcement of Code.
§341.2.Local Juvenile Board Administration.
§341.3.Juvenile Probation Services.
§341.4.Juvenile Probation Personnel.
§341.5.Local Juvenile Boards--Advisory Councils.
§341.6.State Administration.
§341.7.Waiver to Standards--This Standard Is Mandatory.
§341.8.Vehicle Exemption--This Standard Is Mandatory.
§341.9.Guidelines for Informal Adjustment Fees--This Standard Is Recommended.
§341.10.Complaints against Juvenile Boards--This Standard Is Mandatory.
§341.11.Coordinated Services for Multiproblem Children and Youth--This Standard Is Mandatory.
§341.12.Participation in Community Resource Coordination Groups--This Standard Is Mandatory.
§341.21.Memorandum of Understanding on Service Delivery to Runaways.
§341.22.Memorandum of Understanding on Certain Abused or Neglected Children.
§341.23.Memorandum of Understanding Regarding Service Delivery to Dysfunctional Families.
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 August 2, 2000.
TRD-200005403
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 424-6710
The Texas Juvenile Probation Commission proposes new Chapter 341, §§341.1-341.6,
341.13-341.17, 341.24-341.31, 341.38-341.41, 341.48-341.51, 341.58-341.61,
341.68, 341.75, 341.82-341.91, 341.98-341.106, 341.113, 341.114, 341.121-341.125,
341.132-341.143, 341.150, 341.157, and 341.158 relating to Texas Juvenile
Probation Commission Standards. The proposed standards provide structural
and substantive changes from the current standards.
Erika Sipiora, Staff Attorney, has determined that for the first five year
period the new sections are in effect, there will be no fiscal implications
for state or local government or small businesses as a result of enforcement
or implementation.
Ms. Sipiora has also determined that for each year of the first five years
the new sections are in effect, the public benefit expected as a result of
enforcement will be the consistent standards to all counties across the State
of Texas which will provide TJPC with a more accurate account in evaluating
the effectiveness and services provided within the juvenile probation system.
There will be no impact on small business or individuals as a result of the
new sections.
Public comments on the proposed new sections may be submitted to Kristy
M. Carr at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin,
Texas, 78711-3547.
Subchapter A. DEFINITIONS
37 TAC §341.1
The new section is proposed 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.
No other code or article is affected by the new section.
§341.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Chief Administrative Officer--Regardless of title, the
person hired by a juvenile board who is responsible for oversight of the day-to-day
operations of a juvenile probation department or a multi-county juvenile judicial
district.
(2)
Commission--The Texas Juvenile Probation Commission
(3)
Courtesy Supervision--Practice where a juvenile probation
department agrees to supervise a juvenile who is under the jurisdiction of
another county's juvenile probation department.
(4)
Financial Records--Any documentation associated with the
expenditure of state dollars that would be required to substantiate a purchase
(5)
Internal Controls--The process designed to provide reasonable
assurance regarding the achievement of objectives in the following categories:
effectiveness and efficiency of operations, reliability of financial reporting,
safeguarding of assets and compliance with laws and regulations.
(6)
Juvenile Justice Program--A non-residential program operated
for the benefit of juveniles referred to a juvenile probation department that
is either directly administered by the juvenile probation department, or is
operated under contract with a juvenile board. A juvenile justice program
does not include any program operated in a facility that is licensed or operated
by a state agency other than the Texas Juvenile Probation Commission.
(7)
Mechanical Restraint Devices--Devices used for the physical
restraint of juveniles including but not limited to handcuffs, wristlets,
anklets, ankle cuffs, plastic cuffs, and waistbands.
(8)
Referral--A referral to the juvenile court for conduct
defined in Texas Family Code §51.03 that results in a face-to-face interview
between the juvenile and the authorized staff of the juvenile probation department.
(9)
State Aid--Funds allocated by the Commission to a juvenile
board to financially assist the board in achieving the purposes of Chapter
141 of the Texas Human Resources Code and in conforming to the Commission's
standards or policies.
(10)
Video Training--Pre-recorded training materials or conferences.
Video training does not include video teleconferences.
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 August 2, 2000.
TRD-200005405
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 424-6710
37 TAC §§341.2-341.6
The new sections are proposed 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.
No other code or article is affected by the new sections.
§341.2.Administration.
(a)
Local juvenile probation services administration.
(1)
The juvenile board shall hire a chief administrative officer
for each autonomous juvenile probation department.
(2)
The juvenile board shall specify the responsibilities and
functions of the juvenile probation department as well as the authority, responsibility,
and function of the position of the chief administrative officer.
(3)
When probation services for adult and juvenile offenders
are provided by a single probation office, the juvenile board shall ensure
that the juvenile probation department policies, programs, and procedures
are clearly differentiated.
(b)
Referral ratio. The juvenile board shall employ at least
one certified juvenile probation officer for each 100 referrals made to the
juvenile probation department annually.
(c)
Compliance with State and Federal Law. The juvenile board
shall abide by and shall assure that the juvenile probation department abides
by all applicable state, federal and local laws including any applicable standards
promulgated by the Commission.
(d)
Conflict of interest. A juvenile board member shall not
participate in any decision, which would create a pecuniary benefit to the
individual member.
(e)
Participation in Community Resource Coordination Groups.
Juvenile boards shall participate in the system of community resource coordination
groups and the procedures in the memorandum of understanding adopted in §341.157
of this title (relating to Coordinated Services for Multiproblem Children
and Youth). The chair of the juvenile board or a judicial member of the juvenile
board designated by the chair shall serve as representative to the interagency
dispute resolution process described in the memorandum of understanding.
§341.3.Fiscal Responsibilities.
(a)
Fiscal Policies. The juvenile board shall develop and maintain
fiscal policies and procedures. These policies shall include at a minimum
the following subjects: salary provisions, employee benefits, travel and reimbursement
procedures, collection of probation fees and restitution funds, authorized
signatures for disbursements, petty cash and bonding.
(b)
Fiscal Officer. The juvenile board shall assign accounting
responsibility for fiscal affairs to an appropriate county or district fiscal
officer. The fiscal officer shall not be an employee of the juvenile probation
department.
§341.4.Policy and Procedures.
(a)
Personnel Policies. The juvenile board shall adopt written
personnel policies. These personnel policies shall include but not be limited
to:
(1)
a salary scale for all juvenile probation department personnel.
Juvenile probation department personnel shall receive all applicable benefits
and allowances paid to county employees. Salary scale levels shall be reasonable
and comparable with prevailing salaries in the public and private sectors
for similar occupations, educational and professional requirements;
(2)
an annual employee appraisal; and
(3)
an employee grievance procedure.
(b)
Department Policies and Procedures. The juvenile board
shall adopt written department policies and procedures. These policies shall
include but not be limited to:
(1)
intake and preliminary investigation;
(2)
detention;
(3)
transportation including the use of mechanical restraint
devices during transportation;
(4)
deferred prosecution. The deferred prosecution policy shall
at a minimum include the following policies;
(A)
The maximum supervision fee for deferred prosecution cases
is $15.00 per month.
(B)
The monthly fee shall be determined after obtaining a financial
statement from the parent or guardian. The fee schedule shall be based on
total parent/guardian income.
(C)
The Chief Administrative Officer, or the Chief Administrative
Officer's designee shall approve in writing the fee assessed for each child
including any waiver of deferred prosecution fees.
(D)
A deferred prosecution fee shall not be imposed if the
juvenile court does not adopt a fee schedule and rules for waiver of the deferred
prosecution fee.
(5)
pre-disposition reports and social history;
(6)
court procedures;
(7)
sex offender registration;
(8)
progressive sanctions;
(9)
probation supervision;
(10)
restitution;
(11)
community service restitution;
(12)
courtesy supervision;
(13)
probation modification/revocation;
(14)
residential placements
(15)
TYC commitments and transportation;
(16)
discharge procedures, exit plans and sealing information;
(17)
Interstate Compact;
(18)
Juvenile Justice Information System;
(19)
Volunteers and Interns. If a juvenile probation department
has or develops a volunteer or internship program, the juvenile board at a
minimum shall adopt the following polices for the volunteer program:
(A)
a description of the authority, responsibility and accountability
of volunteers who work with the department;
(B)
screening including performing a criminal history all state
and federal databases;
(C)
selection and termination criteria;
(D)
orientation and training requirements;
(E)
a requirement that volunteers meet minimum professional
requirements; and
(F)
a provision for a volunteer sign in log; and
(20)
Mechanical Restraints Devices used for behavior intervention
in Juvenile Justice Programs. The mechanical restraint devices policy shall
at a minimum include the following policies:
(A)
Mechanical restraints may only be used by a law enforcement
officer, certified juvenile probation officer, certified detention officer,
or certified correctional officer.
(B)
Mechanical restraint devices shall not be used for punishment,
discipline, or intimidation.
(C)
The use of mechanical restraint devices shall be fully
documented.
(D)
Use of a mechanical restraint device shall be terminated
as soon as the youth's behavior indicates that threat of imminent self-injury
or injury to others are absent.
§341.5.Facilities and Support Services.
(a)
Minimum facilities. Adequate office space shall be provided
for all juvenile probation personnel. There shall be a private office or a
place for interviewing and counseling clients. Each office shall have adequate
lighting, air conditioning, heating, telephones, furniture, equipment, and
square footage to provide services. The location of the juvenile probation
facility and other field offices shall be reasonably accessible to children,
families, and the general community.
(b)
Minimum Support Services. Juvenile probation officers shall
have adequate support services and staff in order to carry out their duties
and responsibilities.
§341.6.Waiver to Standards.
(a)
Who May Request. Unless expressly prohibited by another
standard, the juvenile board, or chief administrative officer may make an
application for waiver of any standard or standards adopted by the Commission.
If the chief administrative officer makes a request for waiver, the chief
administrative officer shall in writing notify the juvenile board of the request
simultaneous with the request's submission to the Commission.
(b)
Contents of Request. The written request for waiver shall:
(1)
explain why said standard or standards cannot be complied
with immediately;
(2)
explain the impact the waiver if granted, would have on
other standards; and
(3)
provide a plan to ensure compliance within a period not
to exceed one year including where applicable how the health and safety of
juveniles would be maintained during the duration of the waiver.
(c)
Length of Waiver. Waivers granted by Commission staff under
this section shall not exceed one year. The juvenile board may request one
subsequent waiver.
(d)
Review of Request. In the event a request for waiver is
denied, the juvenile board, or chief administrative officer may request a
review by the Commission. The review of the waiver request shall occur at
the next regularly scheduled Commission meeting.
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 August 2, 2000.
TRD-200005406
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 424-6710
37 TAC §§341.13-341.17
The new sections are proposed 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.
No other code or article is affected by the new sections.
§341.13.Administrative Manual.
(a)
The chief administrative officer shall maintain an administrative
manual for the juvenile probation department. The administrative manual shall
include:
(1)
the policies, procedures, and regulations of the juvenile
probation department as adopted by the juvenile board; and
(2)
a current organizational chart depicting structure, lines
of authority, and responsibility.
(b)
The chief administrative officer shall ensure that all
employees are provided with a copy of or access to the administrative manual,
update the manual on an annual basis and enforce all policies in the manual.
§341.14.Identification.
The chief administrative officer shall furnish each juvenile probation
officer with proper official identification.
§341.15.Supervision.
The chief administrative officer shall ensure that all juveniles given
court ordered probation or deferred prosecution are supervised by a certified
juvenile probation officer.
§341.16.Treatment and Safety.
(a)
Serious Incidents. The chief administrative officer shall
report the death, attempted suicide, and any serious injury that requires
medical treatment by a physician or physician's assistant that occurs in a
juvenile justice program or juvenile probation department within 24 hours
of discovering the incident.
(b)
Child Abuse and Neglect. The chief administrative officer
shall ensure that any allegation of abuse or neglect occurring in a juvenile
justice program or juvenile probation department is reported to the Commission
within 24 hours of having cause to believe a child has been abused or neglected.
The chief administrative officer shall also ensure that a report is made to
local law enforcement in accordance with Texas Family Code Chapter 261.
(1)
Internal Investigation. The chief administrative officer
shall maintain written policy and procedure requiring an internal investigation
of all allegations of child abuse or neglect in the department or any juvenile
justice program.
(A)
The policy shall require:
(i)
all staff members to fully cooperate with any investigation
of alleged child abuse or neglect in the department or program;
(ii)
any person alleged to be a perpetrator of child abuse
or neglect be put on administrative leave or reassigned to a position having
no contact with children in the department or program until the conclusion
of the internal investigation;
(iii)
the alleged perpetrator have no contact with the alleged
victim(s) pending the conclusions of the internal investigation.
(B)
At the conclusion of the internal investigation of child
abuse or neglect, the chief administrative officer shall take appropriate
measures to provide for the safety of children.
(C)
The chief administrative officer shall submit a copy of
the internal investigation to TJPC within two working days following the completion
of the internal investigation.
(2)
Treatment and Safety. The chief administrative officer
shall ensure that juveniles under supervision of the juvenile probation department
or participating in a juvenile justice program shall not be subjected to abuse
or neglect as defined in Chapter 261, Texas Family Code.
§341.17.Participation in Community Resource Coordination Groups.
The chief administrative officer or the chief administrative officer's
designee shall serve as the liaison to the community resource coordination
group in accordance with the memorandum of understanding relating to coordinated
services for multiproblem youth adopted in §341.157 of this title.
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 August 2, 2000.
TRD-200005407
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 424-6710
37 TAC §§341.24-341.31
The new sections are proposed 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.
No other code or article is affected by the new sections.
§341.24.Accounting.
The fiscal officer shall conduct the business affairs of the department
utilizing generally accepted accounting principles and best business practices.
§341.25.Interest on State Funds.
The fiscal officer shall ensure that state funds are held in an interest
bearing account that provides for necessary protection of principle. Interest
earnings on state funds shall be accounted for separately and expended for
the sole benefit of the juvenile probation department.
§341.26.Purchasing.
The fiscal officer shall ensure that purchases made for the juvenile
probation department are made in accordance with county procurement procedures.
The fiscal officer shall ensure that written contracts are executed with any
public and private service provider where services are purchased in whole
or in part with any funds received from the Commission.
§341.27.Expenditure of State Funds.
The fiscal officer shall ensure that all program activities and expenditures
of state funds are consistent with the purposes outlined in the budget documents
of all applicable financial agreements with the Commission.
§341.28.Internal Controls.
The fiscal officer shall establish and maintain the internal controls
for the juvenile probation department. The fiscal officer shall ensure that
all employees with access to monies are bonded.
§341.29.Financial Reporting.
The fiscal officer is responsible for completion and submission of
the following in accordance with Commission guidelines:
(1)
quarterly expenditure reports for grant funds received
from the Commission;
(2)
annual certification of local expenditure reports;
(3)
annual independent financial compliance audit of all funds
received from the Commission; and
(4)
other financial reports as requested by the Commission.
§341.30.Refunds to the Commission.
(a)
The fiscal officer shall ensure that TJPC is reimbursed
immediately for each dollar of unallowable costs if unallowable expenditures
are discovered by any means.
(b)
Unspent grant funds at the end of each contract period
shall be returned to the Commission.
§341.31.Records Retention.
The fiscal officer shall ensure that financial records are retained
and made available for inspection by the Commission for a minimum of three
years after the end of the applicable contract period.
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 August 2, 2000.
TRD-200005408
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 424-6710
37 TAC §§341.38-341.41
The new sections are proposed 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.
No other code or article is affected by the new sections.
§341.38.Qualifications for Employment.
(a)
Certified juvenile probation officer qualifications for
employment shall adhere to the Texas Human Resources Code §141.061(a)
and any additional standards promulgated by the Commission.
(b)
One Year of Graduate Study Defined. The phrase "one year
of graduate study," in Texas Human Resources Code §141.061(a)(3)(A),
is interpreted to mean at least 24 post-graduate credit hours earned in a
behavioral science field with certification from the school of enrollment
attesting that the student has an acceptable scholastic standing. The fields
of graduate study presently approved by the Commission are: criminology; corrections,
counseling, law, social work, psychology, sociology, cultural anthropology,
business management, public administration, and education.
(c)
Internships. Internships may be considered as experience,
where the duties performed were related to the field of juvenile justice.
§341.39.Exemption from Qualifications.
(a)
The juvenile board, or chief administrative officer shall
apply to the Commission for exemption of the requirements of one year of experience
or graduate study prior to the employment of any individual who is hired for
the position of juvenile probation officer. If the chief administrative officer
makes a request for exemption under this section, the chief administrative
officer shall in writing notify the juvenile board of the request simultaneous
with the request's submission to the Commission.
(b)
The exemption application shall document that reasonable
efforts were made to employ a probation officer with one year of experience
or graduate study and state why, in their opinion, the efforts were unsuccessful.
§341.40.Criminal Records Check.
Prior to employing a person as a certified juvenile probation officer,
the chief administrative officer shall conduct a criminal history check of
all state and federal databases.
§341.41.Disqualification from Employment.
(a)
A person who has been convicted of or placed on deferred
adjudication for a felony offense under the laws of this State, another State,
or the United States is not eligible for employment as a juvenile probation
officer. A request for waiver under §341.6 of this title may not be requested
for this section unless the person received a pardon based upon proof of innocence.
(b)
This subchapter applies to all individuals hired on or
after the effective date of this subchapter.
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 August 2, 2000.
TRD-200005409
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 424-6710
37 TAC §§341.48-341.51
The new sections are proposed 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.
No other code or article is affected by the new sections.
§341.48.Persons Who Must be Certified.
The chief administrative officer of a juvenile probation department,
and any person hired as a juvenile probation officer, or as a supervisor to
juvenile probation officers shall obtain and maintain an active juvenile probation
officer certification from the Commission.
§341.49.Certification.
(a)
Eligibility. A person, including the chief administrative
officer, is eligible for certification as a juvenile probation officer when
the person:
(1)
meets the eligibility requirements under §341.38 of
this title;
(2)
has completed 40 hours of certification training in accordance
with §341.60 of this title; and
(3)
has not been convicted or placed on deferred adjudication
for a felony against the laws of this state, another state, or the United
States. A request for waiver under §341.6 of this title may not be requested
for this requirement unless the person received a pardon based upon proof
of innocence.
(b)
Certification Procedures.
(1)
Juvenile Probation Officers and Supervisors of Juvenile
Probation Officers. The chief administrative officer or the chief administrative
officer's designee shall submit a certification application to the Commission
for all juvenile probation officers and supervisors of juvenile probation
officers. The certification application shall include verification that a
criminal history check of all state and federal databases was conducted within
the 60 days prior to submitting the certification application. A copy of the
criminal history check shall be retained in the juvenile probation department's
records.
(2)
Chief Administrative Officers. The chairman of the juvenile
board shall submit the chief administrative officer's certification application
to the Commission. The certification application shall include verification
that a criminal history check of all state and federal databases was conducted
within the 60 days prior to submitting the certification application. A copy
of the criminal history check shall be retained in the juvenile probation
department's records.
(c)
Length of Certification. A certification is valid for two
years from the date of issue.
(d)
Reinstatement of Certification after Suspension. An individual
whose certification has been suspended under §341.88(d)(2) of this title
may apply for certification once the suspension period has expired and the
individual meets the certification eligibility requirements listed under subsection
(a) of this section.
§341.50.Recertification.
(a)
Eligibility. A certified juvenile probation officer, including
a supervisor of juvenile probation officers and the chief administrative officer,
is eligible for recertification if the officer:
(1)
has not been convicted or placed on deferred adjudication
for a felony offense against the laws of this state, the laws of another state
or the laws of the United States; and
(2)
has within the past two years completed 80 hours of recertification
training in accordance with §341.61 of this title.
(3)
If the person applying for re-certification is the chief
administrative officer, 20 hours of the required recertification training
shall be in management and supervisory skills
(b)
Recertification Procedures.
(1)
Submission. The chief administrative officer or the chief
administrative officer's designee shall submit a recertification application
to the Commission for all certified juvenile probation officers and supervisors
of juvenile probation officers. The juvenile board, or the juvenile board's
designee shall submit the chief administrative officer's recertification application.
(2)
Timeline for Submission. Unless a request for extension
has been made under paragraph (4) of this subsection, the recertification
application shall not be sent more than 30 days before or 60 days after the
certification expiration date.
(3)
Verification of Criminal History. All recertification applications
shall include verification that a criminal history check of all state and
federal databases was conducted within the 60 days prior to submitting the
certification application. A copy of the criminal history check shall be retained
in the juvenile probation department's records.
(4)
Extension.
(A)
Requests for Extension. The juvenile board, the chief administrative
officer or either's designee may request an extension of time to allow a certified
juvenile probation officer additional time to meet the recertification eligibility
requirements listed in subsection (a) of this section or for the submission
of recertification applications listed in paragraph (2) of this subsection.
The request shall include an explanation showing cause while an extension
is needed.
(B)
Grants of Extension. Commission staff may grant an extension
for a period not to exceed 90 days from the date the certification expired.
(C)
Failure to complete the training or submission requirements
within the extension period shall result in the Commission's denial of the
recertification application.
(c)
Length of Recertification. A recertification is valid for
two years from the date of issue.
§341.51.Transfer of Certification.
(a)
Notification Upon Resignation or Termination.
(1)
The chief administrative officer, the juvenile board or
either's designee shall notify the Commission within seven working days after
a certified juvenile probation officer, including the chief administrative
officer, resigns or is terminated from employment.
(2)
The chief administrative officer, the juvenile board or
either's designee shall require surrender of any county identification and
the TJPC certification card upon the resignation or termination of any certified
juvenile probation officer, including the chief administrative officer
(b)
Inactive Certifications. Upon receipt of notice under subsection
(a) of this section, the Commission shall place the probation or chief administrative
officer's certification on inactive status. A person may not perform the duties
of a juvenile probation officer, including those duties listed under §341.68
of this title, while on inactive status.
(c)
Transfer of Certification. When a person with an inactive
certification obtains employment as a juvenile probation officer, or a chief
administrative officer, the juvenile board, the chief administrative officer
or either's designee may request a transfer of certification to active status.
The request for certification transfer shall be in writing and shall include
a verification that a criminal history check of all state and federal databases
was conducted within the 60 days prior to submitting the transfer request.
A copy of the criminal history check shall be retained in the juvenile probation
department's records.
(d)
Expiration of Certification while on Inactive Status. If
a juvenile probation officer's or chief administrative officer's certification
expires while on inactive status, the officer will not be eligible for transfer
of certification until the officer meets the eligibility requirements listed
under §341.50(a) of this title.
(e)
Transfer of Training Records. The chief administrative
officer shall forward a certified juvenile probation officer's training records,
upon a request from the chief administrative officer in the county where the
certified juvenile probation officer's certification was transferred.
(f)
Except for §341.50(a)(3) of this title this Section
applies to all certification and re-certifications received on or after the
effective date of this Section. Any felony conviction or deferred prosecution
occurring before the effective date of this section will not disqualify a
juvenile probation officer from receiving a recertification under this section.
Section 341.50(a)(3) of this title does not become effective until January
1, 2002.
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 August 2, 2000.
TRD-200005410
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 424-6710
37 TAC §§341.58-341.61
The new sections are proposed 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.
No other code or article is affected by the new sections.
§341.58.Training Hours.
All training intended to count toward certification and recertification
requirements shall be approved by Commission staff. TJPC reserves the right
to refuse to grant approval for training hours that do not comply with the
guidelines under this subchapter. No more than 40 training hours in one topic
may count toward certification or recertification. No more than 15 hours of
video training may count toward certification requirements. No more than 30
hours of video training may count toward recertification requirements.
§341.59.Training Hours for Trainers.
An individual who provides approved juvenile probation officer training
under §341.58 of this title is eligible to claim training credit for
each hour of course development. A trainer may only claim course development
one time per course topic. No more than a total of 20 hours of course development
may be credited toward certification or recertification requirements under §341.49
and §341.50 of this title. It is not a requirement under this section
that the individual claiming training hours be employed by a juvenile probation
department as a trainer.
§341.60.Certification Training.
A person filling an application for certification as a juvenile probation
officer, a supervisor of juvenile probation officers, or a chief administrative
officer shall have completed 40 hours of certification training. Certification
Training shall include but not be limited to the following subjects:
(1)
role of the juvenile probation officer;
(2)
case planning and management;
(3)
officer safety;
(4)
transportation;
(5)
juvenile law;
(6)
courtroom proceedings and presentation;
(7)
law enforcement processing;
(8)
local programs and services including access procedures;
and
(9)
interagency collaborations and memoranda of understanding.
§341.61.Recertification Training.
(a)
Juvenile Probation Officers and Supervisors of Juvenile
Probation Officers. A certified juvenile probation office or supervisor of
juvenile probation officers, shall receive 80 hours of recertification training
every two years.
(b)
Chief Administrative Officers shall receive 80 hours of
recertification training every two years. Twenty of the 80 recertification
hours for shall be in management and supervisory skills.
(c)
Nature of Training. Recertification training shall be related
to job responsibilities or the field of juvenile justice. A three-hour graduate
course in any approved field of study listed in §341.38(b) of this title
shall count as 40 hours of recertification training.
(d)
This section applies to all training hours accrued on or
after the effective date of this section.
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 August 2, 2000.
TRD-200005411
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 424-6710
37 TAC §341.68
The new section is proposed 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.
No other code or article is affected by the new section.
§341.68.Duties of Certified Juvenile Probation Officers.
In addition to any duties, responsibilities or powers granted by Title
III of the Texas Family Code, the following duties and responsibilities shall
be performed by only certified juvenile probation officers:
(1)
representation of the juvenile probation department in
all formal court proceedings;
(2)
preparation of written social history reports;
(3)
acting as the primary supervising officer for all court
ordered or deferred prosecution case;
(4)
writing and administering case plans in accordance with
the Commission's Case Management Standards; and
(5)
completing an assessment instrument required to be completed
by law or Commission standards
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 August 2, 2000.
TRD-200005412
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 424-6710
37 TAC §341.75
The new section is proposed 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.
No other code or article is affected by the new section.
§341.75.Code of Ethics.
The people of Texas expect of juvenile probation officers, supervisors
of juvenile probation officers, and chief administrative officers unfailing
honesty, respect for the dignity and individuality of human beings, and a
commitment to professional and compassionate service. To this end the Commission
subscribes to the following principles.
(1)
Juvenile Probation Officers shall endeavor to:
(A)
respect the authority and follow the directives of the
court, recognizing at all times that they are an extension of the court;
(B)
respect and protect the civil and legal rights of all children
and their parents;
(C)
serve each case with concern for the child's welfare and
with no purpose of personal gain;
(D)
encourage relationships with colleagues of such character
to promote mutual respect within the profession and improvement of its quality
of service;
(E)
respect the significance of all elements of the justice
and human services systems and cultivate a professional cooperation with each
segment;
(F)
respect and consider the right of the public to be safeguarded
from juvenile delinquency;
(G)
be diligent in their responsibility to record and make
available for review any and all case information which could contribute to
sound decisions affecting a client or the public safety;
(H)
report without reservation any corrupt or unethical behavior
which could affect either a child or the integrity of the department;
(I)
maintain the integrity of private information and not seek
personal data beyond that needed to perform their responsibilities, nor reveal
case information to anyone not having proper professional use for such;
(J)
not discriminate against any employee, prospective employee,
child, child care provider, or parent on the basis of age, race, sex, creed,
disability, or national origin;
(K)
respect, serve and empathize with the victims of law violations
allegedly committed by children;
(L)
abide by all federal, state, and local laws and Commission
standards.
(2)
Juvenile Probation Officers shall not:
(A)
use official position to secure privileges or advantages;
make statements critical of colleagues or their departments unless these are
verifiable and constructive in purpose;
(B)
permit personal interest to impair in the least degree
the objectivity which is to be maintained in their official capacity;
(C)
use their official position to promote any partisan political
purpose;
(D)
accept any gift or favor of a nature to imply an obligation
that is inconsistent with the free and objective exercise of professional
responsibilities;
(E)
make appointments, promotions or dismissals in furtherance
of partisan political interests; and
(F)
maintain an inappropriate relationship with juveniles assigned
to their caseload or supervised by the juvenile probation department. An inappropriate
relationship can include but is not limited to: bribery, solicitation or acceptance
of gifts, favors, or services from juveniles or their families, and the appearance
of an inappropriate relationship.
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 August 2, 2000.
TRD-200005413
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 424-6710
37 TAC §§341.82-341.91
The new sections are proposed 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.
No other code or article is affected by the new sections.
§341.82.Request for Disciplinary Hearing.
Unless the standards in Subchapter K relating to mandatory revocation
apply, the chief administrative officer or juvenile board may forward a copy
of an internal investigation based on a code of ethics violation to the Commission.
The internal investigation shall serve as a request for a disciplinary hearing.
§341.83.Notifications Made to Commission.
In the event the Commission or Commission staff receive notice from
an individual or entity other than the chief administrative officer or juvenile
board that a certified juvenile probation officer, or the chief administrative
officer has violated the code of ethics, Commission staff shall notify the
chief administrative officer or the local juvenile board. Upon receipt of
notification from the Commission, the chief administrative officer, or the
juvenile board may conduct an internal investigation and may make a request
for a disciplinary hearing in accordance with §341.82 of this title.
§341.84.Effect of Request for Disciplinary Hearing .
When the Commission receives a request for disciplinary hearing under §341.82
of this title, the Commission shall give the officer alleged to have committed
an ethics violation written notice and an opportunity for a hearing conducted
by the Commission in accordance with the procedures set out below.
§341.85.Procedure for Hearings.
Hearings under this section shall be conducted pursuant to the Administrative
Procedure Act, Texas Government Code Annotated, Chapter 2001. The Commission
shall have the power to take depositions, administer oaths or affirmations,
examine witnesses, receive evidence, and conduct hearings and issue subpoenas
or summons.
§341.86.Notice.
(a)
The Commission shall provide a minimum of ten days notice
to the certified juvenile probation officer or chief administrative officer
subject to a disciplinary hearing. Notice shall be sent by certified mail
return receipt requested.
(b)
The notice shall include:
(1)
a statement of the time, place, and nature of the hearing;
(2)
a statement of the legal authority and jurisdiction under
which the hearing is to be held;
(3)
a reference to the particular sections of the statutes
and rules involved; and
(4)
a short plain statement of the matters asserted.
§341.87.Right to Counsel.
A juvenile probation officer and chief administrative officers are
entitled to the assistance of counsel during the hearing. The officer may
expressly waive the right to the assistance of counsel. The officer may also
be represented by a designated person. Written notice at least five days in
advance of the hearing shall be given by each party intending to be represented,
including the name of the representative. Failure to give such notice may
result in postponement of the hearing.
§341.88.Conduct of Disciplinary Hearing.
(a)
The juvenile probation officer, chief administrative officer
or his/her representative, shall be given the opportunity to show compliance
with the code of ethics and all requirements of the law, including Commission
standards.
(b)
The hearing shall be conducted in executive session with
only the members of the Commission, Commission staff, the officer, the chief
administrative officer, their representatives and such witnesses as may be
called in attendance, unless the officer requests that it be open. Witnesses
may be excluded from the hearing until is it their turn to present evidence.
(c)
The conduct of the hearing shall be under the Commission
chairman's control, and in general, shall be conducted in accordance with
the following steps:
(1)
The hearing shall begin with the presentation of investigatory
findings by the designated Commission staff, supported by such proof as is
deemed necessary.
(2)
The officer may cross-examine any witnesses for the Commission;
(3)
The officer may then present such testimonial or documentary
proof as desired in rebuttal or in support of the contention that the code
of ethics has not bee violated;
(4)
The designated Commission staff may cross-examine any witnesses
for the officer and offer rebuttal testimony of the officer's witnesses;
(5)
Each party may make closing arguments;
(6)
The hearing shall be recorded and transcribed by means
including but not limited to a stenographic record of the proceedings.
(d)
Ruling by the Commission. The Commission may consider only
such evidence as is presented at the hearing, if the Commission determines
that the evidence presented is insufficient, the Commission may ask for additional
information from the officer or chief administrative officer, or Commission
staff and may ask questions on their own motion. After all the evidence has
been presented, the Commission must determine whether the allegation against
the officer is supported by substantial evidence. Based on the Commission's
ruling the Commission may assign one of the following dispositions:
(1)
Reprimand. The Commission may issue a written reprimand
of the juvenile probation officer or chief administrative officer.
(2)
Suspension. The Commission may suspend the certification
of a juvenile probation officer for a specified period not to exceed 24 months.
(3)
Revocation. The Commission may permanently revoke the certification
of the juvenile probation officer or chief administrative officer.
(e)
Notice of Disposition. The Commission shall notify an individual
whose conduct was the subject of a disciplinary hearing. The Commission may
notify the individual either in person or in by certified mail return receipt
requested. The notice of disposition shall include:
(1)
which acts or omissions by the officer, if any violated
the code of ethics;
(2)
a statement of the evidence relied upon;
(3)
a statement of which section or sections of the code of
ethics, if any, were violated by the acts or omissions of the officer;
(4)
the commission's dispositional ruling concerning the officer's
certification; and
(5)
the officer's right to rehearing and appeal.
§341.89.Motion for Rehearing.
An individual wishing to appeal the Commission's ruling may file a
motion for rehearing with the Commission no later than the 20th day after
receiving notice of the revocation. The Commission shall rule on the Motion
for Rehearing no later than the 45th day after receiving the motion.
§341.90.Judicial Review.
A person whose certification has been revoked and whose motion for
rehearing has been denied by the Commission is entitled to judicial review
of the Commission's Action.
§341.91.Record.
The Commission shall create a record for each hearing conducted. The
record shall include:
(1)
the request for disciplinary hearing received under §341.82
of this title;
(2)
the transcript of the hearing, which may take the form
of the minutes of the Commission meeting;
(3)
any documentary proof submitted during the hearing;
(4)
all staff memoranda and documentation submitted to the
Commission in making its decision;
(5)
a copy of the final order issued by the Commission;
(6)
any motions for rehearing;
(7)
the Commission's ruling on any motions for rehearing.
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 August 2, 2000.
TRD-200005414
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 424-6710
37 TAC §§341.98-341.106
The new sections are proposed 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.
No other code or article is affected by the new sections.
§341.98.Duty to Notify.
(a)
The chief administrative officer, the juvenile board or
either's designee shall in writing request a certification revocation from
the Commission within 10 working days after obtaining notice that a certified
juvenile probation officer, or chief administrative officer has been convicted
or given deferred adjudication for any felony based on the laws of this state,
the laws of another state or the laws of the United States. Notice provided
under this section constitutes a request for certification revocation.
(b)
A request for waiver under §341.6 of this title may
not be requested for this section unless the certified juvenile probation
officer, or chief administrative officer received a pardon based upon proof
of innocence.
(c)
Notifications Made to Commission. In the event the Commission,
or Commission staff receive notice from an individual or entity other than
the Chief administrative officer, juvenile board or their respective designees
that a certified juvenile probation officer, or chief administrative officer
has been convicted or given deferred adjudication for any felony based on
the laws of this state, the laws of another state, or the laws of the United
States, Commission staff shall notify the Chief administrative officer or
the juvenile board. Upon receiving notice from Commission staff the Chief
administrative officer, or juvenile board shall request for certification
revocation in accordance with subsection (a) of this section.
§341.99.Effect of Notification.
Upon receipt of request for certification revocation under §341.92
of this title, the Commission shall conduct a hearing for certification revocation
at the next regularly scheduled board meeting.
§341.100.Procedure for Certification Revocation Hearings.
Hearings for revocation under this section shall be conducted pursuant
to the Administrative Procedure Act, Texas Government Code Annotated, Chapter
2001. The Commission shall have the power to take depositions, administer
oaths or affirmations, examine witnesses, receive evidence, and conduct hearings
and issue subpoenas or summons.
§341.101.Notice.
(a)
The Commission shall provide a minimum of ten days notice
to the certified juvenile probation officer or chief administrative officer
subject to a revocation hearing. Notice shall be sent by certified mail return
receipt requested.
(b)
The notice shall include:
(1)
a statement of the time, place, and nature of the hearing;
(2)
a statement of the legal authority and jurisdiction under
which the hearing is to be held;
(3)
a reference to the particular sections of the statutes
and rules involved; and
(4)
a short plain statement of the matters asserted.
§341.102.Right to Counsel.
A juvenile probation officer and chief administrative officer are entitled
to the assistance of counsel during the revocation hearing. The officer may
expressly waive the right to the assistance of counsel. The officer may also
be represented by a designated person. Written notice at least five days in
advance of the hearing shall be given by each party intending to be represented,
including the name of the representative. Failure to give such notice may
result in postponement of the hearing.
§341.103.Conduct of Revocation Hearing.
(a)
The juvenile probation officer, chief administrative officer
or his/her representative, shall be given the opportunity to show compliance
with the code of ethics and all requirements of the law, including Commission
standards.
(b)
The hearing shall be conducted in executive session with
only the members of the Commission, Commission staff, the officer, the chief
administrative officer, their representatives and such witnesses as may be
called in attendance, unless the officer requests that it be open. Witnesses
may be excluded from the hearing until is it their turn to present evidence.
(c)
The conduct of the hearing shall be under the Commission
chairman's control, and in general, shall be conducted in accordance with
the following steps:
(1)
The hearing shall begin with the presentation of findings
by the designated Commission staff, supported by such proof as is deemed necessary.
(2)
The officer may cross-examine any witnesses for the Commission;
(3)
The officer may then present such testimonial or documentary
proof as desired in rebuttal or in support of the contention that the officer
has not been convicted or placed on deferred adjudication for a felony, or
has been pardoned based upon proof of innocence;
(4)
The designated Commission staff may cross-examine any witnesses
for the officer and offer rebuttal to the testimony of the officer's witnesses;
(5)
Each party may make closing arguments;
(6)
The hearing shall be recorded and transcribed by means
including but not limited to a stenographic record of the proceedings.
(d)
Ruling by the Commission. The Commission may consider only
such evidence as is presented at the hearing, if the Commission determines
that the evidence presented is insufficient, the Commission may ask for additional
information from the officer or chief administrative officer, or Commission
staff and may ask questions on their own motion. After all the evidence has
been presented, the Commission shall revoke the officer's certification if
substantial evidence indicates the officer has been convicted or placed on
deferred adjudication for a felony against this state, another state or the
United States.
(e)
Notice of Disposition. The Commission shall notify an individual
whose conduct was the subject of a revocation hearing of the Commission's
ruling. The Commission may notify the individual either in person or in by
certified mail return receipt requested. The notice of disposition shall include:
(1)
the Commission's dispositional ruling
(2)
a statement of the evidence relied upon;
(3)
a statement of which section or sections of the code of
ethics, or other Commission standards, if any, were violated by the acts or
omissions of the officer; and
(4)
the officer's right to rehearing and appeal.
§341.104.Motion for Rehearing.
An individual wishing to appeal the Commission's disposition may file
a motion for rehearing with the Commission no later than the 20th day after
receiving notice of the revocation. The Commission shall rule on the Motion
for Rehearing no later than the 45th day after receiving the motion.
§341.105.Judicial Review.
An individual whose certification has been revoked and whose motion
for rehearing has been denied by the Commission is entitled to judicial review
of the Commission's Action.
§341.106.Record.
(a)
The Commission staff shall create a record for each revocation
hearing conducted. The record shall include:
(1)
the initial notification received under §341.98 of
this title;
(2)
the transcript of the revocation meeting which may take
the form of the minutes of the Commission meeting;
(3)
any documentary proof submitted during the hearing;
(4)
all staff memoranda and documentation submitted to the
Commission in making its decision;
(5)
a copy of the final order issued by the Commission;
(6)
any motions for rehearing; and
(7)
the Commission's ruling on any motions for rehearing.
(b)
This section applies to all felony convictions and deferred
adjudications that occur on or after the effective date of this standard.
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 August 2, 2000.
TRD-200005415
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 424-6710
37 TAC §341.113, §341.114
The new sections are proposed 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.
No other code or article is affected by the new sections.
§341.113.Notice of Complaint Procedures.
The Commission staff shall prepare and distribute to each juvenile
board with which it contracts a sign describing the procedures for filing
a complaint against the juvenile board with the Commission. The juvenile board
shall post the sign in a public area of the juvenile probation department
and any facility operated by the juvenile board, or operated by a private
entity through contract with the juvenile board.
§341.114.Complaint Process.
When Commission staff receive a written, signed complaint about a juvenile
board, the Commission staff shall review the circumstances surrounding the
complaint to determine whether the juvenile board has violated the rules or
standards of the Commission.
(1)
If the staff determines the complaint is about the juvenile
services within the discretion of the juvenile board, the complaint will be
referred to the juvenile board. The complainant shall be notified of the referral
in writing.
(2)
If the staff determines the juvenile board has violated
the Commission's rules or standards, it will inform the juvenile board in
writing and give the juvenile board an opportunity to come into compliance.
If, within 90 days of the date on which the juvenile board received written
notice of the staff determination, the juvenile board does not propose its
own means of achieving compliance which is acceptable to the staff, the staff
will propose a solution to the board and attempt to negotiate a mutually agreeable
solution.
(3)
If the Commission's staff and the juvenile board cannot
reach an agreement, the staff will give the juvenile board written notice
of its intent to refuse, reduce, or suspend state aid, under authority of
the Texas Human Resources Code, §141.085. The juvenile board shall have
15 days after receipt of the notice to notify the executive director how it
will comply with the staff's solution, or that it appeals the staff decision.
(4)
The juvenile board's appeal must be in writing, and must
state specifically its differences of opinion with the Commission's staff
concerning the facts in dispute and the solution necessary under the standards
or rules of the commission. The appeal must state whether the juvenile board
requests a hearing before the Commission.
(5)
The Commission shall set the appeal on the agenda for its
next regularly scheduled meeting. If the juvenile board has requested a hearing,
the juvenile board and the commission's staff may appear and make oral presentations
concerning the appeal. If the juvenile board does not request a hearing before
the Commission, the Commission will make its decision based upon the record.
(6)
The complainant shall be notified in writing of the progress
of the investigation and resolution of the complaint at least quarterly until
the complaint is resolved, and shall be notified of the resolution.
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 August 2, 2000.
TRD-200005416
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 424-6710
37 TAC §§341.121-341.125
The new sections are proposed 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.
No other code or article is affected by the new sections.
§341.121.Definitions.
The following words or terms, when used in this subchapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Assessment--Assessment is the process by which relevant
and valid information is compiled in order to determine the juvenile's needs,
risk of offending, strengths, and weaknesses. The assessment process is intended
to assist the supervising juvenile probation field officer in developing and
implementing an effective case plan, appropriate level of supervision, and
utilization of appropriate resources.
(2)
Case Planning--Case planning involves the process of determining
the post-adjudication needs of a juvenile. This includes all appropriate and
available assessment and intake information, SJS findings, preliminary investigation
information, family dynamics, school history, and victim impact statements.
A written case plan outlines services to be provided during the juvenile's
term of court ordered probation. Case planning also includes the reassessment,
reevaluation, and review of the juvenile's risks, needs and initial case plan,
in order to make any subsequent changes necessary to best meet the juvenile's
status and circumstances over time.
(3)
Comprehensive Assessment Instrument (COMPASS)--An instrument
developed by the Texas Juvenile Probation Commission that assesses the juvenile's
needs in the areas of mental health, education and family domains and the
juvenile's risk of re-offending.
(4)
Formal Intake Interview--The interview with the juvenile
who is the subject of the referral and the juvenile's parent, guardian or
custodian wherein the intake officer or juvenile probation officer develops
a dispositional recommendation for the juvenile's case. The formal intake
interview occurs subsequent to the formal referral.
(5)
Formal Referral--A referral of a juvenile to the juvenile
court for conduct defined in Texas Family Code §51.03 that results in
a face to face interview between the juvenile and the authorized staff of
the juvenile probation department.
(6)
Progressive Sanctions Assigned Level--The level of sanctions
actually assigned to a juvenile by the juvenile court that corresponds with
the progressive sanctions guidelines contained in Chapter 59, Texas Family
Code.
(7)
Exit Plan--The exit plan is the written document developed
for each juvenile that identifies the juvenile's needs for post-supervision
reintegration and specifies the community resources available to meet those
needs. The purpose of the exit plan is to facilitate a continuum of community
services to the juvenile and the juvenile's family after probation supervision
ends.
(8)
Strategies in Juvenile Supervision (SJS)--A case assessment
and correctional management process designed to provide a structured method
for gathering and organizing information about the juvenile and translating
that information into appropriate case management strategies.
(9)
Supervision--Supervision involves the case management of
a juvenile by the assigned juvenile probation supervising field officer or
designee through contacts (face to face, telephone, office, home, collateral)
with the juvenile, juvenile's family, and other case planning participants.
(10)
Title IV-E Standards--Standards promulgated by the Texas
Juvenile Probation Commission as detailed in Chapter 347 of this title (relating
to Title IV-E Federal Foster Care Program).
§341.122.Assessment.
(a)
COMPASS. TJPC Comprehensive Assessment Instrument (COMPASS),
or an assessment tool approved by TJPC, shall be completed for all juveniles
who receive a disposition from the juvenile court or juvenile probation department.
If the COMPASS (or a comparable instrument approved by TJPC) has been completed
within the previous six months and contained in the juvenile's case record,
the department is not required to complete an additional assessment.
(1)
Time of Assessment. The assessment instrument shall be
administered at the formal intake interview.
(2)
Administration of Instrument. The instrument shall be administered
by a certified juvenile probation officer that conducts the formal intake
interview.
(b)
SJS. A Strategies in Juvenile Supervision (SJS) worksheet
may be completed for all juveniles on court ordered probation. The SJS worksheet
should be completed subsequent to the disposition of the juvenile's case and
shall be completed prior to the formulation of the written case plan. The
juvenile probation supervising field officer should administer the SJS worksheet.
§341.123.Case Planning and Review.
(a)
Case Plan. A written case plan shall be developed and implemented
for juveniles assigned to Progressive Sanctions levels two through five. The
written case plan shall be developed with all appropriate and available parties
present and participating including, but not limited to, the juvenile; any
parent, guardian, or custodian of the child and the supervising juvenile probation
field officer. A written case plan for each juvenile assigned to Progressive
Sanctions level two shall be developed within thirty calendar days of the
juvenile's disposition. Written case plans for juveniles assigned to Progressive
Sanctions levels three through five shall be developed within 60 calendar
days of the disposition. The original case plan shall be maintained in the
juvenile's case file. Copies of the written case plan shall be provided to
the juvenile and the juvenile's parent, guardian, or custodian.
(b)
Case Review. It is recommended that written case plans
be reviewed every 90 days after implementation of the initial case plan or
at any time when significant changes take place in the juvenile's situation.
The juvenile and at least one parent, guardian or custodian shall be present
for the case review. The written case plan shall be revised to address any
changes in risks and needs identified during the review process. Upon acceptance
a juvenile's case from other county for courtesy supervision, a review of
the current written case plan shall be conducted by the receiving county in
accordance with this section. All original revised case plans shall be maintained
in the juvenile's case file. Copies of the revised written case plan shall
be provided to the juvenile and the juvenile's parent, guardian, or custodian.
This does not apply to Title IV-E cases, which shall comply with Title IV-E
standards. The case review, with appropriate documentation in the case file,
shall discuss and consider the following:
(1)
Appropriateness of the juvenile's current level of supervision
and services;
(2)
Extent of compliance with the individualized case plan;
(3)
Extent of compliance with the conditions of probation;
(4)
Extent of progress made with the juvenile and family toward
solving or reducing the factors that necessitated the juvenile's placement
on probation;
(5)
A projection of a likely date by which the juvenile may
be ready for court-ordered release from probation supervision; and
(6)
Services accessed, offered or provided to the juvenile
and family to address risks and needs identified on the COMPASS or equivalent
assessment tool.
§341.124.Supervision.
The level of supervision provided to a juvenile by the probation department
shall be defined by the results of the COMPASS (or other approved assessment
tool), SJS (where applicable), and the juvenile's written case plan. A minimum
of one face to face contact per month with the juvenile is mandatory unless
otherwise noted in the case plan.
§341.125.Exit Plan.
An exit plan is to be provided following the successful completion
of a juvenile's probation period. A written exit plan shall be developed prior
to the juvenile's scheduled release from probation. The written exit plan
shall be formulated by all involved and available parties. The original exit
plan shall be placed in the juvenile's case file. Copies of the exit plan
shall be provided to the juvenile and the juvenile's parent, guardian, or
custodian. The exit plan shall include a copy of the notification given to
the juveniles regarding sealing rights as required by the Texas Family Code §58.003(i).
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 August 2, 2000.
TRD-200005417
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 424-6710
1.
CASEWORKER SYSTEMS
37 TAC §§341.132-341.137
The new sections are proposed 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.
No other code or article is affected by the new sections.
§341.132.Definitions.
The following words or terms, when used in this division shall have
the following meanings unless the context clearly indicates otherwise.
(1)
CASEWORKER--A personal computer-based tracking and case
management system, developed and supported by the Texas Juvenile Probation
Commission (TJPC), that provides juvenile probation officers a systematic
method to track and manage juvenile offender caseloads.
(2)
Data Coordinator--A person employed by a juvenile probation
department who is designated by the juvenile board to serve and function as
the primary contact with TJPC on all matters relating to data collection and
reporting.
(3)
TJPC Monthly Folder Extract--An automated process to extract
and submit modified case records from the department's CASEWORKER system to
TJPC. The extract created by CASEWORKER follows in accordance with the Electronic
Data Interchange Specifications.
(4)
Comprehensive Folder Edit--A report generated in CASEWORKER
that performs an extensive edit of the folder information. This report identifies
incorrectly entered data, unrecoverable files, and questionable data that
impact the accuracy of the reports and programs.
(5)
Annual Resource Survey--A manual report designed to gather
supplemental data in relation to juvenile activity and the services and/or
programs that are available within the department or community. This report
also captures each department's staff size, salary range and caseload.
(6)
Electronic Data Interchange Specifications--document developed
by TJPC outlining the data fields and file structures that each department
is required to follow in submitting the TJPC monthly folder extract. The Electronic
Data Interchange Specifications are published in Subchapter O, §341.150
of this title.
§341.133.Data Coordinator.
(a)
Designation. Each juvenile board shall designate an employee
of the juvenile probation department to serve as data coordinator to function
as the primary contact with TJPC on all matters relating to data collection,
reporting and the CASEWORKER system. If the designation of the data coordinator
is changed by the juvenile board, TJPC shall be notified in writing within
ten working days.
(b)
Training Requirements. The data coordinator shall have
a thorough understanding of TJPC reporting requirements and shall be trained
on CASEWORKER by TJPC. Within 90 days from date of a new designation as data
coordinator, the new data coordinator shall attend CASEWORKER training provided
by TJPC.
(c)
Duties. The data coordinator is responsible for ensuring
that all data submitted to TJPC by the local juvenile probation department
is accurate, timely, and consistent with TJPC reporting requirements. The
data coordinator shall ensure that the TJPC Monthly Folder Extract is received
on or by the applicable due date.
§341.134.TJPC Monthly Folder Extract.
The TJPC Monthly Folder Extract shall be sent to TJPC via the Internet.
The extract is due to TJPC on the tenth day of each month following the reporting
period (example: extract of February data is due to TJPC on March 10).
§341.135.Other Reports.
(a)
Annual Resource Survey. All juvenile probation departments
are required to complete the Annual Resource Survey. The report must be completed
in the format provided by TJPC and shall be submitted by January 31 of the
following year for which the resource survey pertains.
(b)
Special Requests. Information from juvenile probation departments
is periodically requested by TJPC. Departments shall comply with these requests,
whether on paper or electronically by e-mail or the Internet, in the format
specified by TJPC.
§341.136.Accuracy of Data.
(a)
Required Fields. The probation department shall fill in
all applicable data fields for each referral in their CASEWORKER system to
minimize missing information.
(b)
Comprehensive Folder Edit. Probation departments shall
run the Comprehensive Folder Edit on a monthly basis.
(c)
Errors. Errors detected by the Comprehensive Folder Edit,
the annual TJPC monitoring visit, or the TJPC Research and Planning Division
upon analysis shall be corrected prior to the next submission of the TJPC
Monthly Folder Extract.
§341.137.Security of Data.
(a)
Passwords. Passwords shall be assigned by the CASEWORKER
administrator or management information systems administrator for each individual
user and should not be shared by employees or other persons. Each department
shall have a limited number of employees that are authorized to delete information
contained within CASEWORKER. Access to the department's CASEWORKER system
shall be removed concurrent with the termination of the person's employment.
(b)
Backup and Restoration. All juvenile probation departments
shall adopt and follow a written policy for the backup and restoration procedures
relating to data, requiring, at a minimum, a system backup once per week.
Departments must maintain at least five generations (copies) of data backups.
(c)
Off-Site Storage. All juvenile probation departments shall
store a system backup off-site to be accessible in case of a disaster at the
department (fire, tornado, etc). An updated backup for off-site storage must
be run at a minimum of once a month, in addition to the five generations of
backup.
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 August 2, 2000.
TRD-200005418
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 424-6710
37 TAC §§341.138-341.143
The new sections are proposed 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.
No other code or article is affected by the new sections.
§341.138.Definitions.
The following words or terms, when used in this division, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Data Coordinator--A person employed by a juvenile probation
department who is designated by the juvenile board to serve and function as
the primary contact with TJPC on all matters relating to data collection and
reporting.
(2)
TJPC Monthly Folder Extract--An automated process to gather
data relating to all case files in the case management system designed to
analyze crime and juvenile trends, program success, and profiling of juvenile
offenders. The extract shall be submitted in the format specified by the TJPC
Electronic Data Specifications.
(3)
Electronic Data Interchange Specifications--Document developed
by TJPC outlining the data fields and file structures that each department
is required to follow in submitting the TJPC Monthly folder extract. The Electronic
Data Interchange Specifications are published in Subchapter O, §341.150
of this title.
(4)
Annual Resource Survey--A manual report designed to gather
supplemental data in relation to juvenile activity and the services and/or
programs that are available within the department or community. This report
also captures the department's staff size, salary range and caseload.
§341.139.Data Coordinator.
(a)
Designation. Each juvenile board shall designate an employee
of the juvenile probation department to serve as data coordinator to function
as the primary contact with TJPC on all matters relating to data collection
and reporting. If the designation of the data coordinator is changed by the
juvenile board, TJPC shall be notified in writing within ten working days.
(b)
Training Requirements. The data coordinator shall attend
training, as required and deemed necessary by TJPC, relating to updates on
statistical and research-based information and requirements.
(c)
Duties. The data coordinator is responsible for ensuring
that the data submitted to TJPC by the local juvenile probation department
is accurate, timely, and consistent with TJPC reporting requirements. The
data coordinator shall ensure that the TJPC Monthly Folder Extract is received
on or by the applicable due date.
§341.140.TJPC Monthly Folder Extract.
The TJPC Monthly Folder Extract data shall be sent to TJPC via the
internet and shall include all data fields required by the TJPC Electronic
Data Interchange Specifications. The extract is due to TJPC on the tenth day
of each month following the reporting period (example: extract of February
data is due to TJPC on March 10).
§341.141.Other Report.
(a)
Annual Resource Survey. All juvenile probation departments
are required to complete the Annual Resource Survey. The report must be completed
in the format provided by TJPC and shall be submitted by January 31 of the
following year for which the resource survey pertains.
(b)
Special Requests. Information from juvenile probation departments
is periodically requested by TJPC. Departments shall comply with these requests,
whether on paper or electronically by e-mail or the Internet, in the format
specified by TJPC.
§341.142.Accuracy of Data.
(a)
Required Fields. Departments shall fill in all applicable
fields as specified in the CASEWORKER Extract File Layout. If TJPC requires
additional fields, each department shall update their case management system
to include such information.
(b)
Maintaining Accuracy. Each department shall have a written
policy and procedure to maintain accuracy of data submitted and methods of
correcting errors. Each department shall report data elements that are consistent
with TJPC definitions.
(c)
Errors. Errors detected by the department during daily
operation, or by TJPC during the annual monitoring visit or by the TJPC Research
and Planning Division analysis shall be corrected prior to the next submission
of the TJPC Monthly Folder Extract.
§341.143.Security of Data.
(a)
Passwords. Department users shall be required to obtain
a password to their case management system. Each department shall have a written
policy and procedure to ensure secured access and to limit the number of employees
that have access to delete information from the case management system. Access
to the department case management system shall be terminated for people no
longer employed by the department.
(b)
Backup and Restoration. All juvenile probation departments
shall adopt and follow a written policy.
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 August 2, 2000.
TRD-200005419
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 424-6710
37 TAC §341.150
The new section is proposed 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.
No other code or article is affected by the new section.
§341.150.TJPC Monthly Folder Extract.
The TJPC Monthly Folder Extract data shall include all data fields
required by TJPC Electronic Data Interchange Specifications found in the figures
below.
Figure 1: 37 TAC §341.150
Figure 2: 37 TAC §341.150
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 August 2, 2000.
TRD-200005420
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 424-6710
37 TAC §341.157, §341.158
The new sections are proposed 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.
No other code or article is affected by the new sections.
§341.157.Memoranda of Understanding--Coordinated Services for Multiproblem Children and Youth.
(a)
The Texas Juvenile Probation Commission adopts by reference
a joint memorandum of understanding with the Texas Commission for the Blind,
Texas Department of Health, Texas Department of Protective and Regulatory
Services, Texas Department of Mental Health and Mental Retardation, Texas
Education Agency, Texas Rehabilitation Commission, and the Texas Youth Commission
concerning coordinated services for multiproblem children and youth which
provides for the implementation of a system of community resource coordination
groups.
(b)
The memorandum of understanding was published in the November
15, 1988, issue of the
Texas Register
(13
TexReg 5727) by the Texas Department of Human Services, 40 TAC §72.701.
Copies of the memorandum of understanding are available from the Texas Juvenile
Probation Commission.
§341.158.Memoranda of Understanding--Service Delivery to Dysfunctional Families
(a)
The Texas Juvenile Probation Commission adopts by reference
a joint memorandum of understanding with the Texas Department of Human Services
and the Texas Youth Commission regarding service delivery to dysfunctional
families.
(b)
The memorandum of understanding was published in the
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 August 2, 2000.
TRD-200005421
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 424-6710
Chapter 341.
TEXAS JUVENILE PROBATION COMMISSION STANDARDS
Subchapter B. JUVENILE BOARD RESPONSIBILITIES
Subchapter C. CHIEF ADMINISTRATIVE OFFICER RESPONSIBILITIES
Subchapter D. FISCAL OFFICER RESPONSIBILITIES
Subchapter E. EMPLOYMENT OF JUVENILE PROBATION OFFICERS
Subchapter F. CERTIFICATION OF JUVENILE PROBATION OFFICERS
Subchapter G. TRAINING OF JUVENILE PROBATION OFFICERS
Subchapter H. DUTIES OF CERTIFIED JUVENILE PROBATION OFFICERS
Subchapter I. JUVENILE PROBATION OFFICER CODE OF ETHICS
Subchapter J. ENFORCEMENT PROCEDURES--CODE OF ETHICS
Subchapter K. CERTIFICATION REVOCATION
Subchapter L. COMPLAINTS AGAINST JUVENILE BOARDS
Subchapter M. CASE MANAGEMENT STANDARDS
Subchapter N. DATA COLLECTION STANDARDS
2.
NON-CASEWORKER SYSTEMS
Subchapter O. ELECTRONIC DATA INTERCHANGE SPECIFICATIONS
Subchapter P. TEXAS JUVENILE PROBATION COMMISSION
Chapter 347.
TITLE IV-E FEDERAL FOSTER CARE PROGRAM