The Texas Juvenile Probation Commission adopts new Chapter 341, §§341.1-341.6, 341.13-341.17, 341.24-341.31, 341.38-341.42, 341.48-341.53, 341.58-341.62, 341.68, 341.75, 341.82-341.92, 341.98-341.109, 341.113, 341.114, 341.121-341.125, 341.132-341.137, 341.138-341.143, 341.150, 341.157, and 341.158, relating to Texas Juvenile Probation Commission standards. Sections 341.40, 341.84 and 341.88(c)(3) are adopted with non-substantive changes as published in the May 11, 2001, issue of the Texas Register (26 TexReg 3458). The remaining sections are adopted without changes and will not be republished.

TJPC adopts this rule in an effort to provide structural and substantive changes from the current standards.

Public Comment. Public comment was received from the Dallas County Juvenile Probation Department recommending that the NCIC check be run without the applicant's fingerprints. Other identifying information such as the applicant's date of birth, social security number, and Texas Driver's license number are sufficient to identify the correct individual without adding the additional cost of fingerprinting.

Agency Response. TJPC does not recommend making this change. TJPC included the fingerprint requirement to capture federal convictions and out-of-state convictions. While other identifying information such as the date of birth and Texas Driver's License number may be sufficient to access federal convictions in Texas, a fingerprint based search is the only way to find any convictions made under an alias.

Public Comment. Public comment was received from the Tarrant County Juvenile Probation Department. As written, the standard would prohibit part-time detention/corrections officers, uncertified personnel, probation aids, security control personnel, transportation personnel, volunteers and interns from applying mechanical restraints. Each of these persons could be in situations where the use of mechanical restraints may be required. It's possible to provide training regarding the proper application and removal of these devices to these categories of individuals.

Agency Response. TJPC does not recommend adopting this change. As written, the standard applies to situations where the use of mechanical restraint devices will prevent juveniles from harming either themselves or third persons. The use of mechanical restraint devices during transportation is addressed by a separate standard, 341.4(b)(3). Under 341.4(b)(3), the juvenile board must set a policy that addresses the use of mechanical restraints during transportation. The transportation standard does not place any restrictions on whom the juvenile board may designate as appropriate persons for applying and removing mechanical restraints during transport. Apart from uses for transportation, the Commission believes only certified officers should use mechanical restraint devices because of the volatile nature and potential for injury inherent during other types of restraints.

Public Comment. Public comment was received from the Tarrant County Juvenile Probation Department. As written the standard would prohibit new hires (probation officers who have yet to be certified), volunteers and interns from performing duties that assist departments in meeting their day-to-day work requirements.

Agency Response. TJPC does not recommend adopting this change. As with the licensures and certifications of other professions, only those individuals who are actively licensed or certified in a profession should be able to perform the duties of the profession.

Subchapter A. DEFINITIONS