Part 11.
TEXAS JUVENILE PROBATION COMMISSION
Chapter 343.
STANDARDS FOR JUVENILE PRE-ADJUDICATION SECURE DETENTION FACILITIES
The Texas Juvenile Probation Commission proposes new chapter 343 rules §343.1,
343.2, 343.3, 343.4, 343.5, 343.6, 343.7, 343.8, 343.9, 343.10, 343.11, 343.12,
343.13, 343.14, 343.15, 343.16, 343.17, 343.18, 343.25, 343.30, 343.31, 343.32,
343.33, 343.34, 343.35, 343.40, 343.41, 343.42, 343.43, 343.44, 343.50, 343.51,
343.52, 343.53 relating to standards for juvenile pre-adjudication secure
detention facilities. 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
amendments.
Public comments on the proposed new sections may be submitted to Erika
Sipiora at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin,
Texas 78711-3547.
Subchapter A. DEFINITIONS
37 TAC §343.1
These standards 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 these new standards.
§343.1.Definitions.
The following words and terms when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Attempted Suicide--Any action a resident takes that could
result in taking his or her own life voluntarily and intentionally while detained
or placed in a secure detention facility.
(2)
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.
(3)
Commission--the Texas Juvenile Probation Commission.
(4)
Contraband--any item not issued to employees for the performance
of their duties and which employees have not obtained supervisory approval
to possess. Contraband also includes any item given to a resident by an employee
as an item, which a resident is not authorized to possess or use. Specific
items of contraband include, but are not limited to:
(A)
firearms;
(B)
knives;
(C)
ammunition;
(D)
drugs;
(E)
intoxicants;
(F)
pornography; or
(G)
any unauthorized written or verbal communication brought
into or taken from an institution for a resident, former resident, associate
of or family members of a resident.
(5)
Control Room--A secure area which contains the emergency,
monitoring, and communications systems and is staffed 24 hours each day that
residents are in the facility.
(6)
Detention--The temporary secure custody of a juvenile,
or other individual pending juvenile court disposition or transfer to another
jurisdiction or agency.
(7)
Detention Officer--A person whose primary responsibility
is the supervision of the daily activities of residents in a secure detention
facility and who is certified with the Texas Juvenile Probation Commission
as a certified juvenile detention officer. With the exception of the facility
administrator, assistant facility administrator or supervisor of juvenile
detention officers administrative, food services, janitorial, and other auxiliary
staff are not considered to be detention officers.
(8)
Facility Administrator--individual designated by the policy
board of a private secure detention facility, or by the Chief Administrative
Officer or juvenile board, as the program director or superintendent of a
secure detention facility.
(9)
Multiple Occupancy Housing Unit--a unit designed and constructed
for multiple occupancy sleeping which is self-contained and includes appropriate
sleeping, sanitation and hygiene equipment or fixtures within the unit.
(10)
Non-Program Hours--time period when all scheduled resident
activity for the entire resident population has ceased for the day
(11)
Professionals--
(A)
Teachers certified as educators by the State Board for
Education Certification including teachers certified by the State Board for
Education Certification with provisional or emergency certifications;
(B)
educational aides or paraprofessionals certified by the
State Board for Education Certification;
(C)
medical practitioners licensed or certified by:
(i)
the Texas Board of Nurse Examiners;
(ii)
The Texas Board of Medical Examiners;
(iii)
the State Board of Physician Assistants; or
(iv)
The Texas Department of Health;
(D)
mental health professionals licensed or certified by:
(i)
the Texas State Board of Examiners of Psychologists;
(ii)
the Texas State Board of Examiners of Professional Counselors;
(iii)
the Texas State Board of Examiners of Marriage and Family
Therapists;
(iv)
the Texas Department of Health;
(v)
the Texas Commission on Alcohol and Drug Abuse; or
(vi)
the Texas State Board of Examiners of Psychologists;
(E)
mental health professionals employed by the Texas Department
of Mental Health and Mental Retardation or an entity that contracts as a service
provider with the Texas Department of Mental Health and Mental Retardation.
(F)
social workers licensed by the Texas Board of Social Worker
Examiners;
(G)
juvenile probation officers certified by the Texas Juvenile
Probation Commission; and
(H)
commissioned law enforcement personnel.
(12)
Program Hours--time period of no less than 10 hours when
the resident population has scheduled activities and any shift changes that
occur during the time period when the resident population has scheduled activities.
(13)
Rated Capacity--maximum number of residents who may be
housed within a secure detention facility in accordance with TJPC Standards.
(14)
Resident--a juvenile or other individual that has been
admitted into or court-ordered to reside at a secure detention facility.
(15)
Secure Detention Facility ("Detention Facility")--Any
public or private residential facility that includes construction and fixtures
designed to physically restrict the movements and activities of juveniles
or other individuals held in lawful custody in the facility and is used for
the temporary placement of any juvenile or other individual who is accused
of having committed an offense and is awaiting court action, an administrative
hearing, or other transfer action. A secure detention facility does not include
a short-term detention facility as defined by Texas Family Code Section 51.12(j).
(16)
Single Occupancy Housing Units--units designed and constructed
with separate secure, individual resident sleeping quarters.
(17)
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 May 28, 2002.
TRD-200203291
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: July 14, 2002
For further information, please call: (512) 424-6710
37 TAC §§343.2 - 343.18
These standards 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 these new standards.
§343.2.Administration Organization and Management.
(a)
Policy Board. The juvenile board or policy board of private
providers shall be responsible for setting policy for the facility. The facility
shall be operated according to current written policies, which address personnel,
administration, daily living, programs and training. The juvenile board or
policy board of private providers shall conduct an annual review of the policies.
Policies shall be made available to each new employee at the time of employment.
(b)
Certification. In compliance with the Texas Family Code, §51.12(c),
the judge(s) of the juvenile court(s) and the members of the juvenile board
shall personally inspect the detention facility at least annually and certify
in writing that the facility is suitable for the detention of residents. Privately
operated facilities will provide a copy of their operating policies and procedures
to the juvenile board prior to its inspection of the facility.
(c)
Facility Administrator. There shall be a single facility
administrator designated to oversee the daily operations of the detention
facility. The person designated shall meet the requirements for certification
as a juvenile probation officer. The facility administrator shall direct and
evaluate the program of resident care and the operation of the facility. Another
staff member may be designated to be in charge during the facility administrator's
absence
(d)
Duties of Facility Administrator. The duties of the facility
administrator shall include, but shall not be limited to the following:
(1)
providing detention facility staff an organizational chart
which accurately reflects the structure of authority, responsibility, and
accountability within the facility;
(2)
supervising expenditures and aiding in preparation of annual
budgets;
(3)
overseeing all phases of the daily program including staff
schedules, maintenance, food service, educational programs, purchases, and
housekeeping;
(4)
facilitating communication with other units within the
local juvenile probation department and with other elements of the juvenile
justice system; and
(5)
insuring that the facility is in compliance with all required
standards.
(e)
Treatment and Safety.
(1)
Serious Incidents. The facility administrator shall report
to the Commission the death, attempted suicide, and any serious injury that
requires medical treatment by a physician or physician's assistant that occurs
in a detention facility within 24 hours of discovering the incident.
(2)
Child Abuse and Neglect. The facility administrator shall
ensure that any allegation of abuse or neglect occurring in a juvenile detention
facility is reported to the Commission within 24 hours of having cause to
believe a resident has been abused or neglected. The facility administrator
shall also ensure that a report is made to local law enforcement in accordance
with Texas Family Code Chapter 261.
(A)
Internal Investigation. The facility administrator shall
maintain written policy and procedure requiring an internal investigation
of all allegations of child abuse or neglect in the detention facility.
(B)
The policy shall require:
(i)
all staff members to cooperate fully with any investigation
of child abuse or neglect;
(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 residents in the facility or individuals under the jurisdiction
of the juvenile court until the conclusion of the internal investigation;
and
(iii)
the alleged perpetrator has no contact with the alleged
victim(s) pending the conclusions of the internal investigation.
(C)
At the conclusion of the internal investigation of child
abuse or neglect, the facility administrator shall take appropriate measures
to provide for the safety of the residents in the detention facility.
(D)
The facility administrator shall submit a copy of the internal
investigation to TJPC within 2 working days following the completion of the
internal investigation.
(E)
In the event the facility administrator is alleged to be
a perpetrator of child abuse or neglect, the juvenile board shall:
(i)
conduct the internal investigation or appoint an individual
who is not an employee of the juvenile detention facility or juvenile probation
department to conduct the internal investigation
(ii)
place the facility administrator on administrative leave,
or ensure the facility administrator has no contact with residents in the
detention facility or under the supervision of the juvenile probation department
until the conclusion of the internal investigation.
(3)
Treatment and Safety. The facility administrator shall
ensure that residents in the detention facility shall not be subjected to
abuse or neglect as defined in Chapter 261, Texas Family Code.
§343.3.Supervision.
(a)
Minimum Requirements. At least two certified detention
officers shall be on duty at any time the facility has a resident.
(b)
Gender.
(1)
If residents of both genders are admitted or court-ordered
into a detention facility, certified juvenile detention officers of both genders
shall be on duty and available to the residents for every shift.
(2)
Certified juvenile detention officers of one gender shall
be the sole supervisors of residents of the same gender during showers, physical
searches, pat downs, disrobing of suicidal youth, or during other times in
which personal hygiene practices or needs would require the presence of a
certified juvenile detention officer of the same gender.
(c)
Ratios.
(1)
Supervision Ratio.
(A)
Unless the conditions under subsection (B) of this section
apply, the certified juvenile detention officer to resident ratio shall not
be less than:
(i)
1 certified juvenile detention officer to every 12 residents
during program hours;
(ii)
1 certified juvenile detention officer to every 24 residents
during non-program hours.
(B)
Multiple Occupancy Housing. For multiple occupancy housing
units designed and operated after June 5, 2001, at all times residents are
physically located in the designated multiple occupancy housing unit, the
certified juvenile detention officer to resident ratio shall not be less than
1 certified juvenile detention officer to every 8 residents.
(2)
Facility Wide Ratio. The facility wide detention officer
to resident ratio shall not be less than:
(A)
1 detention officer to every 8 residents during program
hours; and
(B)
1 detention officer to every 18 residents during non-program
hours
(C)
An individual hired as a juvenile detention officer, who
is not yet certified as a juvenile detention officer may count toward meeting
the facility wide ratio under subparagraphs (A) and (B) of this paragraph
so long as the individual:
(i)
has not worked for the detention facility for more than
three months from the individual's date of hire; and
(ii)
has been certified in first aid, cardio-pulmonary resuscitation,
and a TJPC approved physical restraint technique and received training in
recognizing and reporting child abuse and neglect.
(3)
Control Rooms. A certified juvenile detention officer stationed
in the facility's main control room shall not count toward meeting either
the supervision ratio under paragraph (1) of this subsection or the facility
wide ratio under paragraph (2) of this subsection.
(d)
Level of Supervision.
(1)
A resident shall be in the constant physical presence of
a certified juvenile detention officer, with the following exceptions:
(A)
Small Groups. No more than 3 residents may be supervised
by a professional when the professional is working with the residents in a
capacity that relates to the professional's licensure, certification, professional
training or education.
(B)
Visitation. Private visitation between one resident and
an attorney, authorized visitor, or clergy does not require the constant physical
presence of a certified juvenile detention officer.
(C)
Non-program Hours.
(i)
During non-program hours in single occupancy housing units,
certified juvenile detention officers shall visually observe each resident
no less than every 15 minutes.
(ii)
Certified juvenile detention officers shall document each
visual observation made. The documentation shall include the time of the observation
and generally describe the resident's behavior.
(D)
Multiple Occupancy Housing.
(i)
For multiple occupancy housing units designed and operated
after June 5, 2001, during both program and non-program hours, residents while
physically located in a multiple occupancy housing unit, shall be under the
constant visual observation of a certified juvenile detention officer.
(ii)
If certified juvenile detention officers supervise residents
behind an architectural barrier, the barrier shall provide a complete and
unobstructed view of the entire multiple occupancy housing unit. The barrier,
with or without the assistance of an electronic device, shall allow for constant
auditory monitoring of the unit.
(iii)
Certified juvenile detention officers shall document
general observations of dorm activity no less than every 15 minutes.
(2)
Video and audio monitoring devices shall not substitute
for supervision by certified juvenile detention officers.
§343.4.Personnel.
(a)
Written Policies. Written policies shall be made available
to each new employee at the time of hire. The policies shall be reviewed annually
and updated if necessary. The policies shall include, but shall not be limited
to:
(1)
employee grievance procedures;
(2)
employee evaluation procedures requiring an annual written
evaluation; and
(3)
job description including duties and responsibilities of
each position and a description of the operational shift pattern.
(b)
Personnel Record. The facility administrator shall ensure
that a personnel file is maintained for each employee which shall include
the application for employment, references, performance evaluations, training
records, and documentation of promotion, demotion, termination, and other
personnel actions.
(c)
Salaries. The juvenile board shall ensure all salary levels
for juvenile detention personnel are reasonable and comparable with prevailing
salaries in the public and private sector, taking into consideration salaries
paid to probation personnel and those in similar occupations. Juvenile detention
personnel shall have a salary scale adopted by the juvenile board. Juvenile
detention personnel shall receive all applicable benefits and allowances paid
to other county employees.
§343.5.Management Information Systems.
(a)
Data Collection. The facility administrator shall ensure
that accurate annual statistics pertaining to detained residents shall be
gathered and recorded, including:
(1)
total number of admissions;
(2)
total detention days provided;
(3)
age, sex, and race of those detained;
(4)
referring offense of those detained;
(5)
length of stay;
(6)
average cost per resident per day;
(7)
total number of escapes and escape attempts;
(8)
total number of suicides and suicide attempts;
(9)
total number of injuries to residents and detention staff;
(10)
total number of confirmed incidents of abuse and neglect
of residents;
(11)
total number of physical restraints applied;
(12)
total number of mechanical restraints applied;
(13)
total number of room confinements;
(14)
total number of room restrictions; and
(15)
total number of chemical agents applied.
(b)
Management Review. The facility administrator shall participate
in an annual evaluation of overall facility operations. Existing policies
and practices shall be reviewed to determine their continuing relevance to
the mission of the facility.
(c)
Research Programs. The facility administrator shall review
all proposals for research for conformity with departmental policy. Residents
may voluntarily participate in approved research programs. Medical, pharmacological,
and cosmetic programs shall be forbidden.
§343.6.Residents' Records.
(a)
Daily Records. Written policies require:
(1)
a uniform format for identifying and separating files;
(2)
a record of entries made, dated and signed by the staff
member responsible for the resident;
(3)
a daily report of admissions and releases;
(4)
a single document to identify all residents in the facility
and their physical location; and
(5)
procedures to ensure confidentiality of records.
(b)
Admission. Each resident's admission form shall contain
at least the following information:
(1)
date and time of admission and release;
(2)
names, nicknames and aliases, and social security number;
(3)
last known address;
(4)
reason for detention and referring offense;
(5)
name of attorney;
(6)
name, title, and signature of delivering officer;
(7)
sex, race, date of birth;
(8)
place of birth and citizenship;
(9)
education level and last school attended;
(10)
any employment history;
(11)
name, relationship, address, and phone number of parents,
guardian, or persons with whom the juvenile resides at admission;
(12)
health assessment;
(13)
space for remarks; and
(14)
signature of the person recording the data.
(c)
Contents. Each resident's record is to be available to
the detention staff, is kept in a secure place, and shall include at least
the following:
(1)
admission form;
(2)
offense report, arrest warrant or directive to apprehend;
(3)
referral source;
(4)
signed inventory of cash and property surrendered;
(5)
list of approved visitors;
(6)
name of assigned probation officer or caseworker;
(7)
record of resident's notification of program rules and
disciplinary policy;
(8)
behavioral record including any special incidents, discipline,
or grievances;
(9)
referrals to other agencies; and
(10)
final release or transfer report.
§343.7.Physical Plant.
(a)
Location. If the detention facility is on the grounds of
any type of adult corrections facility, it shall be a separate, self-contained
unit. The detention facility shall be operated separately from any post-adjudication
facility. Where such facilities are located in the same building or on the
same grounds as a post-adjudication facility, written policies and procedures
require contact between the two populations be kept to a minimum. The facility
shall be located so as to be reasonably accessible to juvenile justice agencies
including law enforcement, prosecutors, courts, community agencies, and residents'
lawyers and family. The facility shall conform to all applicable zoning ordinances.
(b)
Safety. The facility and its furnishing shall conform to
all applicable federal, state, and local fire, building, health and waste
disposal codes.
(c)
Exits. Facility exits shall be properly positioned, clear
of obstruction, and permanently marked for evacuation in the event of fire
or other emergency. All housing areas and places of assembly shall have a
minimum of two exits.
(d)
Storage. Closets for storage of nonflammable cleaning supplies
and equipment shall be located in each principal area and shall be well ventilated.
Flammable materials shall be stored in a well-ventilated area outside the
facility.
(e)
Safety Plan. Written policies shall promote the safety
of residents, staff, and visitors. The policies shall be reviewed annually
with written documentation submitted by a qualified fire prevention and safety
officer. These shall include, but shall not be limited to:
(1)
conformance with the Life Safety Code, NFPA 101 and/or
applicable state and local fire safety codes. The Life Safety Code will not
apply in geographic areas under the jurisdiction of a local government that
has adopted fire protection ordinances that apply in that geographic area.
Compliance shall be documented by the authority having jurisdiction;
(2)
maintenance of a current fire drill log;
(3)
proper disposal of combustible refuse;
(4)
a posted plan for prompt evacuation of the facility;
(5)
training of staff to conduct fire drills on all shifts
and to implement written emergency plans;
(6)
procedures for use and control of flammable, toxic, and
caustic materials; and
(7)
provisions to detect and promptly correct conditions hazardous
to the health and safety of residents and staff.
(f)
Population. The population in housing and living units
shall not exceed the rated capacity of the facility. Written policies shall
specify procedures to be followed in case the rated capacity is unavoidably
exceeded. Such procedures shall specify steps to be taken to reduce the population
to the rated capacity.
(g)
Lighting. There shall be sufficient lighting available
for the staff to adequately observe the residents and to perform assigned
tasks.
(h)
Lavatory. There shall be a toilet and washbasin for at
least every five residents.
(i)
Facility design. All housing areas shall provide for the
following:
(1)
a temperature controlled shower or bath for at least every
ten residents;
(2)
heating, ventilation, and acoustical systems that promote
healthful and comfortable living and working conditions for residents and
staff; and
(3)
access to a drinking fountain.
(j)
Sleeping Units.
(1)
Single Occupancy Sleeping Units. Sleeping rooms shall be
utilized as single occupancy, except for all juvenile detention units designed
for multiple occupancy and approved by TJPC. Sleeping rooms shall have a minimum
ceiling height of seven and one-half feet and a minimum of 60 square feet
of floor space. Residents held in sleeping rooms shall have access to a toilet
above floor level, a washbasin, drinking water, running water, and a bed above
floor level. There shall be separate sleeping rooms for male and female residents.
(2)
Multiple Occupancy Sleeping Units. The utilization of multiple
occupancy sleeping units shall have prior written approval and authorization
from the juvenile board. The following standards shall not apply to any multiple
occupancy units designed and operating as such prior to the effective date
of this section.
(A)
The capacity of multiple occupancy sleeping units shall
not exceed 25 percent of the design capacity of the facility. No more than
eight residents shall be housed in each multiple occupancy sleeping unit.
Separate units shall be provided for male and female residents.
(B)
Multiple occupancy sleeping units shall have a minimum
ceiling height of seven and one half feet with a minimum of thirty-five unencumbered
square feet of floor space per resident.
(C)
Multiple occupancy sleeping units shall have one bed above
floor level for every resident assigned to the unit. Bunk beds are not allowed
in the unit.
(D)
Multiple occupancy sleeping units shall have within the
unit, so that residents have access without having to be escorted out of the
unit, to toilets (ratio of 1 toilet per 4 residents); washbasins (ratio of
1 washbasin per 8 residents); and drinking water.
(E)
Juveniles are not to be admitted to multiple occupancy
sleeping units directly from the intake process. Classification, screening,
and behavioral observation must occur for at least 72 hours before the decision
is made to admit the resident to a multiple occupancy sleeping unit in accordance
with §343.9(b) of this title.
(k)
Isolation rooms shall be equipped with a toilet, washbasin
with running water, and a bed. The design shall permit continual monitoring
by a detention officer. Electronic equipment shall not be used to substitute
for detention officer observation. Residents in an isolation room shall be
personally observed and observations should be documented by a detention officer
no less than every 15 minutes.
(l)
Residents with disabilities shall be housed in a manner
that provides for their safety and security and in accordance with state and
federal law. Rooms or housing units used by disabled residents shall be designed
for their use and provide for integration with the general population. Appropriate
facility programs and activities shall be accessible to disabled residents
confined in the facility.
(m)
Activity Areas. The facility shall be designed to provide
space for:
(1)
coeducational activities;
(2)
a visiting area;
(3)
religious activities;
(4)
interview and counseling;
(5)
secure storage of personal property; and
(6)
storage for clothing, bedding, and other supplies and equipment.
(n)
Preventive Maintenance. A written plan shall provide for
emergency repair or replacement of equipment. The plan shall be reviewed annually
and updated if necessary.
(o)
Office Area. The office in each housing unit shall have
a telephone and permit observation of the general living area. It shall be
used for communications, staff conferences, and storage of unit records.
(p)
Living Units. Living units shall be designed to accommodate
no more than 24 residents.
(q)
Common Activity Area. Total common activity area shall
encompass no less than 100 square feet of floor space per resident. Common
activity areas are defined as areas to which residents have access and in
which activities are conducted. These areas include but are not limited to
dayrooms, dining rooms, covered recreation areas, recreation rooms, education
rooms, counseling rooms, testing rooms, visitation areas, and medical or dental
rooms.
(r)
Kitchen Area. If food is prepared in the facility, the
kitchen area shall have a minimum of 200 square feet of floor space.
(s)
Dining Area. The dining room shall provide a minimum of
15 square feet of floor space per diner.
(t)
Alternate Power Source. The facility shall have an alternate
source of power to operate lights, communications systems, and electric door
locks in case regular power is interrupted. Power systems shall be tested
at least every two weeks. Other emergency equipment and systems shall be tested
at least monthly.
(u)
Ventilation. Alternate means of ventilation shall be maintained
in case regular power is interrupted.
§343.8.Security and Control.
(a)
Policy. Written policies for security and control of the
facility standards shall include, but shall not be limited to, the following:
(1)
procedures to continue operation in the event of a work
stoppage or other staff crisis;
(2)
procedures governing the use of chemical agents and restraint
devices including training of staff in their use and prohibition of the use
of percussion or electrical shocking devices by detention staff. Policies
allowing the use of chemical agents shall include, but shall not be limited
to the following criteria:
(A)
the juvenile board shall approve all chemical agents to
be used and authorize in writing permission for certified detention officers
to use them in limited situations;
(B)
chemical agents shall only be used when less severe methods
to gain control of a riotous situation have been exhausted, are ineffective,
or are impractical. Chemical agents shall never be used as punishment;
(C)
chemical agents may only be used by staff trained in their
use;
(D)
immediately following the use of a chemical agent, exposed
juveniles shall be examined and treated if necessary by a medical professional;
(E)
in all cases, the use of a chemical agent shall be witnessed
by a staff member other than the detention officer using the agent; and
(F)
any use of a chemical agent is to be reported to the facility
administrator immediately after the incident.
(3)
Policies governing the use of agency and personal vehicles
to transport residents. Proper documentation of liability insurance coverage
is required of all personnel who transport residents.
(b)
Searches. Searches shall be conducted according to written
policies limited to certain conditions. These standards shall include:
(1)
residents shall be required to surrender their clothing
and to shower upon admission;
(2)
residents shall be required to surrender their clothing
and submit to a search at times other than admission if necessary for facility
security;
(3)
residents may be required to undergo an anal or genital
body cavity search only if there is probable cause to believe that they are
concealing contraband; and
(4)
a body cavity search may be conducted only by a physician.
(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, chemical
agents and physical force shall be reported in writing to the facility administrator.
A copy of the report shall be placed in the permanent file of the resident
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.
(d)
Restraints. Mechanical restraints shall only be used by
certified juvenile detention officers for purposes of preventing injury to
a person, preventing property damage, or preventing escape. Residents shall
not be placed in restraints as punishment or as a substitute for room restriction.
Written policies shall require that certified juvenile detention officers
use only approved equipment for the purpose of mechanical restraint and shall
only use such equipment in a manner consistent with its intended use. The
following are approved devices:
(1)
Handcuffs-Metal devices fastened around the wrist to restrain
free movement of the hands and arms;
(2)
Wristlets-A cloth or leather band fastened around the wrist
or arm which may be secured to a waist belt;
(3)
Anklets-Cloth or leather band fastened around the ankle
or leg;
(4)
Ankle Cuffs-Metal, cloth or leather band fastened around
the ankle to restrain free movement of the legs. Handcuffs may not be used
to cuff the ankles;
(5)
Plastic Cuffs-Plastic devices fastened around the wrist
or legs to restrain free movement of hands, arms or legs. Plastic cuffs should
only be used in emergency situation; and
(6)
Waist Band-A cloth, leather, or metal band fastened around
the waist used to secure the arms to the sides or front of the body.
(e)
Use of Restraints. Restraint devices shall be applied properly
and not secured so tightly as to interfere with circulation nor so loosely
as to cause chafing of the skin. The following use is prohibited:
(1)
devices shall not be secured to a stationary object except
when complete immobilization is required by four-point restraint;
(2)
residents shall not be restrained to a fixed object in
a standing position;
(3)
residents shall not be restrained to part of a vehicle
during transportation.
(f)
Written Policies. Policies for security and control of
the facility standards shall include, but shall not be limited to, the following:
(1)
the control and use of keys. The facility administrator
shall determine which doors are to be kept locked except during emergencies;
(2)
inspections and maintenance of security devices;
(3)
control of the use of tools, medical, and kitchen equipment;
(4)
provision for lockboxes to prevent firearms from entering
the secure area of the facility;
(5)
provision for the secure storage of chemical agents, restraining
devices, and related security equipment. This equipment shall be readily accessible
to authorized persons.
(g)
Physical Restraint. Written policy, procedure, and practice
shall require facilities to adopt a TJPC approved physical restraint technique.
Restraint techniques shall be restricted to instances of justifiable self-protection,
protection of others, prevention of serious property damage, and prevention
of escapes, and movement of residents from point to point, and then only as
a last resort. In no event are restraint techniques justifiable as punishment,
discipline, compliance and intimidation. The physical restraint shall be fully
documented and reported. Restraint shall be terminated as soon as the resident's
behavior indicates that threat of imminent self-injury, injury to others,
serious property damage, and prevention of escapes, are absent, or as soon
as staff have completed movement of residents from point to point.
(h)
Classification Plan. Facilities with multiple living units
shall have a classification plan that groups residents. The classification
plan shall include but is not limited to the following categories: age, gender,
offense, behavior, and special conditions.
(i)
Perimeter Security. The facility shall be constructed so
that residents remain within the premises and the general public is denied
access without authorization. Perimeter security is maintained at all times.
(j)
Staff/Resident Interaction. Living units should be designed
so that sleeping rooms, activity areas, and staff offices shall be in close
proximity to each other for purposes of communication and interaction.
(k)
Multiple Occupancy Sleeping Units. Written policy, procedure
and practice of the following standards shall apply to all detention facilities
that utilize multiple occupancy sleeping units.
(1)
Classification Plan. Facilities with multiple occupancy
sleeping units shall have a classification plan that determines how residents
are grouped in said units. Residents shall be classified for grouping by age
and gender, at a minimum.
(2)
Screening Plan. Residents shall be screened by personnel
with appropriate credentials, as determined and approved by the juvenile board,
prior to placement in a multiple occupancy sleeping unit. Residents with the
following indicators shall not be allowed admittance to multiple occupancy
sleeping units:
(A)
Medical illness which may be contagious to other residents
or to staff unless they wear protective clothing and/or masks, or medical
conditions which require treatment and/or equipment that would present a risk
to residents or others;
(B)
Mental illness, if the resident exhibits behavior dangerous
to other residents or to staff;
(C)
Mental retardation, if the resident exhibits behavior dangerous
to other residents or to staff;
(D)
Sex offenders who cannot function appropriately in a group
setting;
(E)
Exploitive, victimizing behavior;
(F)
Violent, explosive, assaultive behavior;
(G)
Chronic detention rule violators;
(H)
Resident likely to be exploited or victimized by others;
(I)
Residents who have other special needs for single housing;
or
(J)
Any other behavior or condition which could impose a threat
to self or others safety and health.
(3)
Administrative Approval. The placement of any juvenile
into a multiple occupancy sleeping unit shall be approved by the facility
administrator or other designated probation department administrators.
§343.9.Rules and Discipline.
(a)
Rules and Sanctions. Written rules containing all specific
acts prohibited, sanctions, and disciplinary procedures shall be provided
and explained to each resident in his or her native language at admission.
The following sanctions shall be prohibited:
(1)
corporal punishment, physical abuse, and humiliating punishment;
(2)
group punishment for the act of an individual;
(3)
deprivation of food, clothing, sleep, medical services,
school, exercise, correspondence, parental contact, or legal assistance; and
(4)
one resident sanctioning another.
(b)
Law Violations. When a resident is alleged to have committed
a felony or a class A or class B misdemeanor while in detention, the case
shall be referred to the appropriate agency for possible prosecution.
(c)
Enforcement. Written policy shall describe sanctions staff
may impose in response to major rule violations. All such violations and corresponding
staff actions shall be recorded in the resident's record.
(1)
Suspension of Privileges. Prior to a suspension of privileges,
the detention officer shall explain the reason for the privilege suspension
and give the resident the opportunity to explain his or her behavior.
(2)
Separation from the Group. Room restriction or confinement
may be used only when a resident is out of control, repeatedly refuses to
comply with rules, is a threat to himself or others, is threatened by the
group, or at the direction of a medical professional as a health precaution.
(A)
Room restriction in increments of up to 60 minutes may
be used as a cooling-off period for misbehavior and the resident shall return
to the group as soon as possible. During room restriction, a detention officer
shall personally observe and log the resident at least every 15 minutes.
(B)
Room confinement may be ordered by a detention officer
for up to 24 hours for serious rules violations. The certified detention officer
shall complete a disciplinary report for submission to the facility administrator
of detention that describes the circumstances and the staff action taken in
response to the violation. Isolation beyond 24 hours shall be approved by
the facility administrator or designee, and reauthorized, if necessary, every
24 hours. During room confinement, a certified detention officer shall personally
observe and log the resident no less than every 15 minutes.
(d)
Dress Code. Policies may include reasonable rules concerning
detained residents' dress and grooming including length and style of hair.
§343.10.Food.
(a)
Quality. Meals shall meet the dietary requirements of the
United States Department of Agriculture school breakfast, lunch, and dinner
dietary allowances.
(b)
Menu Plans. Food service staff shall plan menus and follow
the daily schedule whenever possible. Menus contain a variety of foods and
recognize special occasions and holidays.
(c)
Modified Diets. Modified diets shall be provided upon the
recommendation of a health professional or authorized by the facility administrator
on religious grounds.
(d)
Staff Meals. Detention Officers shall supervise residents
during meals. Detention Officers shall eat the same meals provided to the
juveniles if they choose to eat in the presence of the residents unless a
modified diet is required for health or religious reasons.
(e)
Daily Schedule. Two hot meals and one other meal which
need not be hot shall be provided at regular times. No more than 14 hours
may elapse between meals.
(f)
Residents must be allowed adequate time to eat meals and
in no case less than 10 minutes.
§343.11.Hygiene.
(a)
Bedding and Towels. Each resident shall be provided suitable
clean bedding including sheets, pillow and pillow case, mattress, and blankets
if necessary. Bed linens shall be changed at least weekly and towels changed
daily.
(b)
Housekeeping Plan. A written housekeeping plan shall promote
cleanliness, facility sanitation, and control of vermin.
(c)
Clothing. Clean clothing is to be provided upon admission.
Socks and underclothing shall be issued daily, other clothing twice per week.
(d)
Personal Cleanliness. Residents shall bathe or shower upon
admission. The schedule shall provide for a daily bath or shower. Residents
shall be given appropriate instruction in hygiene and shall be required to
comply with acceptable rules of personal cleanliness and oral hygiene.
§343.12.Medical and Mental Health Services.
(a)
Anyone presented for admission to detention and in need
of emergency medical care due to injury, illness or intoxication or in need
of mental health intervention shall not be admitted into detention. The referring
person shall be directed to a health care facility to have the individual
evaluated and treated. Subsequent admission to detention is contingent upon
written medical clearance provided by a medical or mental health professional.
(b)
Anyone admitted to detention shall be assessed to determine
need for detoxification from alcohol or other substances. Intoxicated individuals
who have been medically cleared for admission should be segregated from other
detainees and closely monitored by staff.
(c)
Written policies shall describe the manner in which health
care services shall be provided. Each resident shall be informed of the procedures.
Policies shall include the following.
(1)
Health Service Authority. The facility administrator shall
designate a health authority with responsibility for health care decisions
within the facility. The health service authority may be a physician, licensed
nurse, paramedic, or emergency medical technician. Final medical judgment
shall rest with a physician if the health service authority is not a physician.
(2)
Health Service Coordinator. The facility administrator
shall designate a staff member to coordinate health care delivery in the facility.
The health service coordinator shall receive special training in health care
and be familiar with local health care providers and facilities. The facility
administrator should meet regularly with the health service authority and
health service coordinator to review and assess the quality of health care
delivery.
(3)
Referral. If a staff member believes that a resident or
staff member to be in need of immediate medical attention or if a resident
or staff member requests treatment, that person shall be referred to the health
service authority or health service coordinator.
(4)
Medical Release. Facility staff shall obtain a signed consent
to treatment from each unemanicpated minor resident's parents or guardian,
or if they are not available, from a grandparent or other adult relative.
If no relatives are available to give consent, and there are reasonable grounds
to believe the resident is in need of immediate medical care, the health service
authority or health service coordinator may authorize the treatment.
(d)
Medical Room. If medical services are delivered in the
facility, adequate space, equipment, secure storage, and supplies shall be
provided.
(e)
Emergency Procedures. Written policies shall provide:
(1)
a plan for the emergency evacuation of residents from the
facility; and
(2)
arrangements for the use of one or more hospitals, emergency
clinics, or other appropriate medical facilities, or on-call services when
no emergency room is nearby.
(f)
Health Screening. Within one hour of admission, a health
screening shall be conducted on each resident. Information obtained shall
include, but is not limited to:
(1)
mental health problems;
(2)
suicide risk;
(3)
current state of health including allergies or other chronic
conditions, and any illnesses such as tuberculosis, sexually transmitted and
other infectious diseases. Questions should be structured to identify behaviors
that indicate a high risk of contracting the AIDS virus, and informed consent
requested to test such juveniles for HIV;
(4)
current use of medication including type, dosage and prescribing
physician;
(5)
dental problems;
(6)
vision problems;
(7)
drug and alcohol use;
(8)
physical disabilities; and
(9)
evidence of physical trauma.
(g)
Any finding of the health screening that indicates a significant
potential health risk to the staff and residents shall be immediately reported
to the facility administrator and medical staff. The affected resident shall
be segregated from the general population until proper medical clearance is
obtained.
(h)
Suicidal Youth.
(1)
Prevention Plan.
(A)
Each facility shall have a written suicide prevention plan
that addresses the following components:
(i)
definitions of high risk and moderate risk for suicidal
behavior;
(ii)
screening methodology to assess and assign a resident's
risk of suicide upon admission or upon any indication a resident previously
screened may now be at moderate or high risk for suicidal behavior;
(iii)
communication among facility staff, mental health professionals,
the resident's juvenile probation officer, the resident and the resident's
parent or guardian including communication regarding observations or indications
a resident previously screened may now be at moderate or high risk for suicidal
behavior;
(iv)
level of supervision for residents assigned to moderate
or high risk for suicidal behavior;
(v)
policy and procedure for intervening in suicide attempts;
(vi)
reporting of resident suicides and attempted suicides
in accordance with any applicable state law, administrative standard, or local
policy or ordinance;
(vii)
training on the contents and implementation of the suicide
prevention plan;
(viii)
housing of residents assigned to moderate or high risk
of suicidal behavior including the removal from the resident's presence of
any dangerous objects; and
(ix)
mortality reviews designed to review the facility's compliance
and possible needed revisions to the suicide prevention plan following a resident's
suicide.
(B)
All certified juvenile detention officers shall be trained
in the implementation of the suicide prevention plan.
(C)
Review.
(i)
The suicide prevention plan shall be reviewed on an annual
basis in consultation with a mental health professional.
(ii)
The suicide prevention plan shall be included in the juvenile
board's review of the facility's policies and procedures in accordance with §343.2(a)(1)
of this title.
(2)
Level of Supervision.
(A)
Moderate Risk for Suicidal Behavior. During non-program
hours, or any time a resident classified as a moderate risk for suicidal behavior
is isolated from the general population under §343.7(k), §343.9(c)(2)(A)
or (B), §343.12(b), or §343.13(c) of this title:
(i)
The resident shall be visually checked by a certified juvenile
detention officer at staggered intervals not to exceed every 10 minutes.
(ii)
The certified juvenile detention officer shall document
each visual observation made with the time of the observation and a general
description of the resident's behavior.
(B)
High-Risk for Suicidal Behavior.
(i)
Supervision. During non-program hours, or any time a resident
classified as high risk for suicidal behavior is isolated from the general
population under §343,7(k), §343.9(c)(2)(A) or (B), §343.12(b),
or §343.13(c) of this title:
(I)
The resident shall be under the continuous, uninterrupted
visual supervision of a certified juvenile detention officer.
(II)
The certified juvenile detention officer shall have no
other duties including the supervision of another resident or residents classified
as high risk for suicidal behavior.
(III)
The certified juvenile detention officer shall document
physical observations of a high risk resident at staggered intervals no less
than every 30 minutes.
(ii)
Required Documentation. The following documentation shall
be maintained for high-risk residents and shall be posted where it is immediately
accessible to the certified juvenile detention officer providing supervision
to the high-risk resident:
(I)
the date and time the resident was classified as high risk;
(II)
who classified the resident as high risk;
(III)
a description of the resident's behavior that caused
the resident's classification as high risk;
(IV)
who has been assigned to supervise the resident;
(V)
the location for the resident's supervision;
(VI)
the date and time the resident was reclassified as no
longer being high risk; and
(VII)
the name of the mental health professional who reclassified
the resident as no longer being high risk.
(C)
A certified juvenile detention officer assigned to work
in a facility's control room may not provide supervision under paragraph (2)(A)
or (2)(B) of this subsection.
(D)
Video and audio monitoring devices shall not substitute
for supervision by a certified juvenile detention officer under paragraph
2(A) or 2(B)of this subsection.
(3)
Mental Health Referral.
(A)
the facility shall refer a resident classified as exhibiting
a high-risk for suicidal behavior to a mental health professional as defined
by §343.1(11)(D) or (E) of this title or mental health agency within
24 hours from the time the juvenile is classified as a high risk for suicidal
behavior.
(B)
The facility shall maintain written documentation that
the referral under (A) was made. The documentation shall include:
(i)
who notified the mental health professional or mental health
agency;
(ii)
the date and time of the notification;
(iii)
the method of notification; and
(iv)
a brief description of the response provided by the mental
health professional or mental health agency.
(C)
Only a certified or licensed mental health professional
as defined by §343.1(11)(D), or (E) of this title may remove a resident
from being classified as a high-risk for suicidal behavior under subsection
(2)(B) of this section.
§343.13.Intake, Admission and Release.
(a)
Intake. An intake or other officer authorized by the court
shall be on duty at the facility or on call 24 hours a day. Written policy
shall state the conditions under which the intake officer may authorize the
conditional release of an individual referred to the facility. A detention
officer shall orient each newly admitted resident to the facility including
an explanation of the rules and grievance procedures and assigns the resident
to a housing unit.
(b)
Personal Property. Written policy shall describe the procedures
regarding the handling of residents' personal property held by the facility.
The resident shall be given a receipt for the property, and a copy of the
receipt placed in the resident's file.
(c)
Assessment Period. Residents shall be assigned to the general
program as soon as possible after admittance. Written policy shall prohibit
automatic room confinement for periods of time longer than necessary to assess
the risks and needs of the resident. Residents in room confinement during
the assessment period shall be personally observed by a certified Detention
Officer every 15 minutes.
(d)
Release. Procedures for releasing residents from custody
shall include, but shall not be limited to:
(1)
verification of identity;
(2)
verification of release papers;
(3)
completion of release arrangements;
(4)
return of personal property;
(5)
instructions for forwarding mail; and
(6)
transportation arrangements.
§343.14.Communications.
(a)
Visitation. Written policies shall allow for regularly
scheduled visitation and procedures for emergency visitation. The parents
or guardians of the resident shall be provided a copy of the schedule, and
a registry shall be provided to document the name, address and relation to
the resident of all visitors. Attorneys and their representatives may visit
residents at any time.
(b)
Telephone. Written policies shall allow reasonable and
fair access to telephones and detail the specific time, length, and other
limitations on calls. The parents or guardians of a minor resident shall be
provided a copy of the policy.
(c)
Correspondence. Written policies that govern correspondence
standards shall include, but shall not be limited to:
(1)
Limitations. A resident's rights to privacy and correspondence
may not be limited except when:
(A)
the staff have cause to suspect that certain correspondence
is part of an attempt to formulate, devise, or otherwise effectuate a plan
to escape from the facility, or to violate state or federal laws;
(B)
communication with certain individuals is specifically
forbidden by the resident's juvenile court ordered rules of probation or parole
rules, or by the facility's rules of separation;
(C)
a minor resident's parents or guardian have furnished the
staff a specific list of individuals who they feel should not communicate
with the resident. Such incoming correspondence shall be returned unopened
to the sender.
(2)
Materials and Postage. Residents shall be furnished with
writing materials and postage for no fewer than two letters per week, and
is furnished adequate postage for legal correspondence.
(3)
Forwarding Mail. The facility shall forward all mail without
delay unless there is reason to believe that the correspondence is limited
by the conditions outlined above. Provisions shall be made to forward mail
when the resident is released or transferred.
(4)
Searches. Mail may be opened by staff only in the presence
of the resident with inspection limited to searching for contraband. Money
received in the mail shall be held for the resident, with receipt provided,
or returned to the sender. If staff has probable cause to suspect that a letter
is part of an attempt to formulate, devise, or otherwise effectuate a plan
to escape from the facility, or to violate state or federal laws, and the
resident will not voluntarily give permission for staff to read the letter
a search warrant shall be obtained prior to opening and reading the letter.
§343.15.Residents' Rights.
(a)
Illegal Discrimination. Residents shall not be subjected
to discrimination based on race, national origin, religion, color, creed,
sex, or disability.
(b)
Staff Supervision. Residents shall not be subjected to
supervision and control by other residents.
(c)
Courts and Legal Counsel. Residents shall have access to
the courts and have the right to be represented by an attorney. Residents
have the right to confidential contact with attorneys through telephone, uncensored
letters, and personal visits.
(d)
Punishment. Residents shall not be subjected to corporal
punishment, humiliating treatment, mental abuse, or restraint devices as punishment.
(e)
Work. Residents may not be required to work unless the
activity is related to general housekeeping or as required by a court order
for community service restitution.
(f)
Visitation and Communication. Residents have the right
to receive visitors and to communicate and correspond subject only to the
limitations necessary to maintain facility security and control.
(g)
Control and Experimentation. Except upon the order of a
physician, no stimulant, tranquilizer, or psychotropic drug shall be administered
to residents for the purpose of behavioral management and control. Participation
by residents in medical, pharmaceutical, or cosmetic experiments is prohibited.
(h)
Grievances. The facility shall have a written grievance
procedure with at least one level of appeal, which is explained and made available
to each resident upon admission.
(i)
Religion. Residents may participate in religious services
and religious counseling voluntarily, subject to the limitations necessary
to maintain facility security and control.
(j)
Services. Residents have the right to a program of services
including:
(1)
supervision to protect personal safety;
(2)
adequate living quarters;
(3)
nutritious meals;
(4)
reading materials;
(5)
visitation;
(6)
counseling;
(7)
education; and
(8)
physical exercise.
(k)
Treatment and Safety. Residents shall not be subjected
to abuse or neglect as defined in Chapter 261, Texas Family Code.
§343.16.Programs.
(a)
Education. The facility administrator shall develop a program,
which provides for coordination with local school officials. The program shall
provide instruction in accordance with local school district policies. The
program shall include any of the following:
(1)
coordinating with the school liaison officer to help ensure
that residents stay current with school work while in detention;
(2)
basic skills training;
(3)
remedial and special education; and
(4)
cooperative alternative education programs
(b)
Library Services. Books, magazines, and other reading materials
shall be available to residents in the facility.
(c)
Recreation. Indoor and outdoor recreational equipment and
supplies shall be provided. The recreational schedule standards shall include:
(1)
at least one hour of organized physical activity per day;
and
(2)
at least one hour of unscheduled activity per day.
(3)
Physical Exercise Program. Physical exercises shall not
be used for punishment, compliance, or intimidation. Physical exercises should
help increase stamina, well being, self-esteem, and healthy behaviors.
(d)
Work. Written policy requires that residents shall be responsible
for cleaning their own rooms and other areas of the facility. Other work shall
be voluntary and meet state and federal child labor and minimum wage laws
unless it involves court-ordered community service restitution. Residents
shall not be required to perform personal services for staff.
(e)
Religion. The facility administrator may designate a staff
member or trained volunteer to coordinate the facility's religious program.
Residents' participation in religious services shall be voluntary.
§343.17.Volunteers and Interns.
If a detention facility has or develops a volunteer or internship program,
the juvenile board or privacy board of a private facility shall adopt the
following policies:
(1)
a description of the authority, responsibility and accountability
of volunteers who work with the department;
(2)
screening including performing a criminal history check
in accordance with §343.25(c) of this title;
(3)
selection and termination criteria;
(4)
orientation and training requirements;
(5)
a requirement that volunteers meet minimum applicable professional
requirements; and
(6)
a provision for a volunteer sign-in log.
§343.18.Waivers.
(a)
Who May Request. Unless expressly prohibited by another
standard, the juvenile board, the Chief Administrative Officer, or facility
administrator, may make an application for waiver of any standard or standards
adopted by the Commission. If the 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 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 May 28, 2002.
TRD-200203292
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: July 14, 2002
For further information, please call: (512) 424-6710
37 TAC §343.25
These standards 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 these new standards.
§343.25.Hiring Juvenile Detention Officers.
(a)
Qualifications for Employment.
(1)
Juvenile Detention Officers and Supervisors of Juvenile
Detention Officers. An applicant for the position of a juvenile detention
officer, or supervisor of juvenile detention officers shall be at least 21
years of age.
(2)
Administrative Officer. An applicant for the position of
facility administrative officer shall:
(A)
meet the qualifications for employment under the Texas
Human Resources Code §141.061(a) and 37 Texas Administrative Code §341.38.
(B)
In accordance with 37 Texas Administrative Code §341.39,
the juvenile board, or chief administrative officer shall apply to the Commission
for an exemption of the one year of experience or graduate study prior to
the employment of an individual as the administrative officer.
(b)
Disqualification from Employment.
(1)
A person who within the last ten years 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 currently on either
felony probation or parole, or who is registered as a sex offender under Chapter
62, Texas Code of Criminal Procedure is not eligible for employment as a juvenile
detention officer, supervisor of juvenile detention officers, or administrative
officer. A request for waiver under §343.19 of this title may not be
requested for this section unless the person received a pardon based upon
proof of innocence.
(2)
An individual whose certification has been revoked by the
Commission shall never qualify for employment as a juvenile detention officer,
supervisor of detention officers or administrative officer. An individual
whose certification is currently under a suspension order issued under §343.51(g)(4)(B)
of this title shall not qualify for employment as a juvenile detention officer,
supervisor of juvenile detention officers, or administrative officer so long
as the suspension order remains in effect. An individual whose certification
is currently under a suspension order issued under §343.53(a) of this
title shall not qualify for employment as a juvenile detention officer, supervisor
of juvenile detention officers, or administrative officer until the Commission
receives an order issued under Texas Family Code Section 232.013 staying or
vacating the license suspension.
(c)
Criminal Records Check. Prior to employing a person as
a juvenile detention officer, supervisor of juvenile detention officers, or
facility administrator, the facility administrator, chief administrative officer
or juvenile board or their designee shall initiate a criminal history check
in accordance with the following guidelines. Continued employment shall be
contingent upon the completion and return of acceptable results for criminal
history checks in accordance with §343.25(b)(1) of this title.
(1)
The following criminal history checks shall be conducted:
(A)
a Texas criminal history background search (TCIC);
(B)
a local law enforcement sex offender registration records
check in the city or county where the application was made; and
(C)
a Federal Bureau of Investigation fingerprint based criminal
history background search (NCIC).
(2)
In addition to the requirements of (1), if the applicant
currently resides in one of the following states, or resided in one of the
following states within the 10 years prior to the date the employment application
was made, a state criminal history background search and state sex offender
registration check shall also be conducted where available:
(A)
Hawaii;
(B)
Kansas;
(C)
Kentucky;
(D)
Louisiana;
(E)
Maine;
(F)
Massachusetts;
(G)
New Hampshire;
(H)
Rhode Island;
(I)
Tennessee;
(J)
Vermont; and
(K)
the District of Columbia.
(3)
An Internet based criminal background search shall not
be used to conduct the background searches required under subsection (c)(1)(A)
or subsection (c)(1)(C) of this section.
(4)
A copy of the returned criminal history checks shall be
retained in the facility's records.
(d)
Applicability. This subchapter applies to all individuals
hired on or after the effective date of this subchapter. Section 343.25(c)(1)(C)
of this title does not become effective until September 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 May 28, 2002.
TRD-200203293
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: July 14, 2002
For further information, please call: (512) 424-6710
37 TAC §§343.30 - 343.35
These standards 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 these new standards.
§343.30.Persons Who Must be Certified.
The facility administrator of a juvenile detention facility, and any
person hired as a juvenile detention officer, or as a supervisor of juvenile
detention officers shall obtain and maintain an active juvenile detention
officer certification from the Commission.
§343.31.Certification.
(a)
Eligibility. A person twenty-one years of age or older,
is eligible for certification as a juvenile detention officer when the person:
(1)
meets the applicable eligibility requirements under §343.25
of this title;
(2)
has completed 40 hours of certification training in accordance
with §343.42 of this title;
(3)
has not within the past ten years been convicted or placed
on deferred adjudication for a felony against the laws of this state, another
state, or the United States, is not currently on felony probation or parole,
or is not registered as a sex offender under Chapter 62, Texas Code of Criminal
Procedure. A request for waiver under §343.19 of this title may not be
requested for this requirement unless the person received a pardon based upon
proof of innocence;
(4)
has either a high school diploma or a general equivalency
diploma from a high school or issuing authority within the United States of
America. An applicant with a high school diploma issued in a foreign country
or who completed high school under home schooling may apply for provisional
certification under §343.31(e) of this title;
(5)
is not currently under an order of certification suspension
issued under §343.51(g)(4)(B) or §343.53(a) of this title; and
(6)
has never had certified juvenile detention officer certification
revoked under §343.51(g)(4)(C) or §343.52(f)(4) of this title.
(b)
Certification Procedures.
(1)
Juvenile Detention Officers and Supervisors of Juvenile
Detention Officers. The facility administrator, chief administrative officer
or either's designee shall submit a certification application to the Commission
for all juvenile detention officers and supervisors of juvenile detention
officers. The certification application shall include verification that a
criminal history check conducted in accordance with §343.25 (c)(1) and
(3) of this title has been returned within the 60 days prior to submitting
the certification application. If the certification applicant currently resides
outside of Texas, then the criminal history verification shall also include
verification that a criminal history background check was conducted in accordance
with §343.25(c)(2) of this title and returned within 60 days prior to
submitting the certification application. A copy of the criminal history check
shall be retained in the facility's records.
(2)
Facility Administrators. The chairman of the juvenile board,
or the chief administrative officer shall submit the facility administrator's
certification application to the Commission. The certification application
shall include verification that a criminal history check conducted in accordance
with §343.25(c)(1) and (3) of this title has been returned within the
60 days prior to submitting the certification application. If the certification
applicant currently resides outside of Texas, then the criminal history verification
shall also include verification that a criminal history background check was
conducted in accordance with §343.25(c)(2) of this title and returned
within 60 days prior to submitting the certification application. A copy of
the criminal history check shall be retained in the facility's records.
(c)
Length of Certification. A certification is valid for two
years from the date of approval.
(d)
Reinstatement of Certification after Suspension.
(1)
An individual whose certification has been suspended under §343.51(g)(4)(B)
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.
(2)
An individual whose certification has been suspended under §343.53(a)
of this title may apply for certification once TJPC has received an order
issued under Texas Family Code Section 232.013, which either vacates or stays
the suspension order and the individual meets the certification eligibility
requirements listed under subsection (a) of this section.
(e)
Provisional Certification. An individual with a high school
diploma issued in a foreign country or who received a high school education
through home schooling may apply for provisional certification.
(1)
Requirements for Provisional Certification. An individual
will qualify for provisional certification if:
(A)
all the requirements for certification under subsection
(a) of this section except for subsection (a)(4) of this section are met;
and
(B)
the individual agrees to complete a validation of their
high school education under paragraph (3) of this subsection.
(2)
Expiration of Provisional Certification.
(A)
A provisional certification shall expire six months from
the date of issue.
(B)
An individual who has not validated his/her high school
diploma or high school education under paragraph (3) of this subsection by
the expiration date of the provisional certification may reapply for certification
once his/her high school diploma or high school education has been validated.
(3)
Validation of High School Diploma or High School Education.
(A)
Method of Validation. An individual who has received a
provisional certification from the Commission agrees to validate his/her high
school diploma using one of the following methods:
(i)
obtaining unconditional acceptance into a college or university
accredited by an accrediting organization recognized by the Texas Higher Education
Coordinating board.
(ii)
receiving a general equivalency diploma;
(iii)
obtaining the unconditional acceptance of the high school
diploma as the equivalent to a high school diploma received within the United
States of America by an educational evaluation service approved by the Commission;
or
(iv)
providing documentation of the conferral of a bachelor
or master's degree from a university or college accredited by an accreditation
organization approved by the Texas Higher Education Coordinating Board.
(B)
Upon the Commission's receipt of documentation validating
an individual's high school diploma or education, the Commission shall certify
the individual as a detention officer.
§343.32.Recertification.
(a)
Eligibility. A certified juvenile detention officer, including
a supervisor of juvenile detention officers and the facility administrator,
is eligible for recertification if the officer:
(1)
has not within the past 10 years 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 is not currently
on felony probation or parole, or is not registered as a sex offender under
Chapter 62, Texas Code of Criminal Procedure. A request for waiver under §343.19
of this title may not be requested for this requirement unless the person
received a pardon based upon proof of innocence;
(2)
has within the two years from the date of the certification's
or recertification's approval completed 80 hours of recertification training
in accordance with §343.43 of this title; and
(3)
does not currently have juvenile detention officer certification
suspended under §343.51(g)(4)(B) or §343.53(a) of this title.
(4)
If the person applying for re-certification is the 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, the facility
administrator or either's designee shall submit a recertification application
to the Commission for all certified detention officers and supervisors of
juvenile detention officers. The juvenile board, the chief administrative
officer or the juvenile board's designee shall submit the facility administrator'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 was conducted in
accordance with §343.25(c)(1) and (3) of this title and returned within
the 60 days prior to submitting the certification application. If the recertification
applicant currently resides outside of Texas, then the criminal history verification
shall also include verification that a criminal history background check was
conducted in accordance with §343.25(c)(2) of this title and returned
within 60 days prior to submitting the certification application. A copy of
the criminal history check shall be retained in the facility's records.
(4)
Extension.
(A)
Requests for Extension. The juvenile board, the chief administrative
officer, the facility administrator or either's designee may request an extension
of time to allow a certified detention 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
why 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. In the event the recertification application
is denied, an applicant may apply for certification under §343.31 of
this title.
(c)
Length of Recertification. A recertification is valid for
two years from the date of expiration of the previous certification or recertification.
§343.33.Transfer of Certification.
(a)
Notification Upon Resignation or Termination. The facility
administrator, chief administrative officer, the juvenile board or either's
designee shall notify the Commission within 7 working days after a certified
juvenile detention officer, supervisor of juvenile detention officers, or
facility administrator resigns or is terminated from employment.
(b)
Inactive Certifications. Upon receipt of notice under subsection
(a) of this section, the Commission shall place the detention officer's, supervisor
of juvenile detention officer's or administrative officer's certification
on inactive status.
(c)
Transfer of Certification. When a person with an inactive
certification obtains employment as a juvenile detention officer, supervisor
of juvenile detention officer's or a facility administrator, the juvenile
board, the chief administrative officer, the facility administrator, 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 was conducted in accordance with §343.25
(c)(1) and (3) of this title and returned within the 60 days prior to submitting
the transfer request. If the transfer applicant currently resides outside
of Texas, then the criminal history verification shall also include verification
that a criminal history background check was conducted in accordance with §343.25(c)(2)
of this title and returned within 60 days prior to submitting the certification
application. A copy of the criminal history check shall be retained in the
facility's records.
(d)
Expiration of Certification while on Inactive Status. If
a juvenile detention officer's, supervisor of juvenile detention officers'
or facility administrator's certification expires while on inactive status,
the officer will not be eligible for transfer of certification. A juvenile
detention officer, supervisor of juvenile detention officers or facility administrator
whose certification expires while on inactive status may apply for certification
after obtaining employment with a juvenile detention facility and meeting
the eligibility requirements listed under §343.31(a) of this title.
(e)
Transfer of Training Records. The facility administrator,
chief administrative officer, or juvenile board or their designee shall forward
a certified juvenile detention officer's, a supervisor of juvenile detention
officer's or facility administrator's training records, upon a request from
the administrative officer or juvenile board in the county where the certified
juvenile detention officer's certification was transferred.
§343.34.Expiration of Certification While Under Certification Suspension Order.
(a)
An individual whose certification expires while under a
certification suspension order issued under §343.51(g)(4)(B) of this
title may apply certification once the suspension period has expired and the
individual meets the certification eligibility requirements listed under §343.31(a)
of this title.
(b)
An individual whose certification expires while under a
certification suspension order issued under §343.53(a) of this title
may apply for certification once TJPC has received an order issued under Texas
Family Code Section 232.013, which either vacates or stays the suspension
order and the individual meets the certification eligibility requirements
listed under §343.31(a).
§343.35.Applicability.
Except for §343.32(a)(4) of this title this subchapter applies
to all certification and re-certifications received on or after the effective
date of this subchapter. Any felony conviction or deferred prosecution occurring
before the effective date of this subchapter will not disqualify a juvenile
detention officer who held an active certification on the subchapter's effective
date from receiving a recertification under this subchapter. Section 343.32(a)(4)
of this title does not become effective until September 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 May 28, 2002.
TRD-200203294
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: July 14, 2002
For further information, please call: (512) 424-6710
37 TAC §343.40 - 343.44
These standards 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 these new standards.
§343.40.Training Hours.
In accordance with §343.42 and §343.43 of this title, 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.
§343.41.Training Hours for Trainers.
An individual who provides approved juvenile detention officer training
under §343.40 of this title may claim up to 20 hours training credit
for each hour of course development. A trainer may only claim course development
one time per course topic per certification or recertification period. It
is not a requirement under this section that the individual claiming training
hours be employed by a juvenile detention facility as a trainer.
§343.42.Certification Training.
A person applying for certification as a juvenile detention officer
shall have completed 40 hours of certification training. Certification Training
shall include but not be limited to the following subjects:
(1)
certification in cardiopulmonary resuscitation (CPR);
(2)
First Aid;
(3)
certification in the use of a TJPC approved physical restraint
technique;
(4)
an introduction to juvenile detention;
(5)
juvenile rights;
(6)
child abuse and neglect;
(7)
behavior observation and recording;
(8)
suicide prevention and identification, including training
on the facility's suicide prevention plan;
(9)
legal liabilities;
(10)
dynamics of youth with mental illness in detention centers;
(11)
behavior management;
(12)
risk management, safety, and security;
(13)
HIV/AIDS and communicable diseases;
(14)
medical and health services; and
(15)
Code of Ethics and enforcement proceedings.
§343.43.Recertification Training.
(a)
Juvenile Detention officers and Supervisors of Juvenile
Detention officers. A certified juvenile detention officer or supervisor of
juvenile detention officers, shall receive 80 hours of recertification training
every two years.
(b)
Facility administrators shall receive 80 hours of recertification
training every two years. Twenty of the 80 recertification hours shall be
in management and supervisory skills.
(c)
Nature of Training. Current certifications in first aid,
cardiopulmonary resuscitation and a TJPC approved physical restraint technique
are required for recertification. Other recertification training subjects
shall be related to job responsibilities or the field of juvenile justice.
A three-hour undergraduate or 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)
Training hours provided in addition to the initial 40 hours
required for certification shall be counted towards the initial recertification
training requirements if the certification application is complete and all
deficiencies are corrected within 60 days of the date the application is first
received by the Commission. In the event the Commission does not notify the
juvenile detention facility about a deficiency in a certification application
within 30 days from the date the Commission received the application, the
Commission shall give the juvenile detention facility an additional 30 days
from the date the facility was notified by the Commission to correct any deficiency.
§343.44.Applicability.
This subchapter applies to all training hours accrued on or after the
effective date of this subchapter. The twenty hours of management and supervisory
skills training required under §343.32(a)(4) of this title is not applicable
until September 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 May 28, 2002.
TRD-200203295
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: July 14, 2002
For further information, please call: (512) 424-6710
37 TAC §§343.50 - 343.53
These standards 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 these new standards.
§343.50.Code of Ethics.
The people of Texas expect of juvenile detention officers, supervisors
of juvenile detention officers, and facility administrators 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 detention officers shall:
(A)
respect the authority and follow the directives of the
court;
(B)
respect and protect the civil and legal rights of all children
and their parents/guardians;
(C)
serve each child 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 information which could contribute to sound
decisions affecting a child or the public safety;
(H)
report without reservation any corrupt or unethical behavior
which could affect either a child or the integrity of the facility;
(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)
abide by all federal, state, and local laws and Commission
standards.
(2)
Juvenile detention officers shall not:
(A)
use official position to secure privileges or advantages;
(B)
make statements critical of colleagues or their facility
unless these are verifiable and constructive in purpose;
(C)
permit personal interest to impair the objectivity which
is to be maintained in their official capacity;
(D)
accept any gift or favor that implies an obligation that
is inconsistent with the free and objective exercise of professional responsibilities;
(E)
maintain an inappropriate relationship with juveniles residing
in the facility or under the jurisdiction of the juvenile court 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;
(F)
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;
(G)
engage in behaviors which misuse fiscal or business office
practices or materials belonging to the facility including but not limited
to: falsifying time sheets, theft or misuse of office supplies, use of facility
property for personal use, and use of personal affects or funds belonging
to a resident of the facility or child under the jurisdiction of the juvenile
court;
(H)
be designated as a perpetrator in a TJPC child abuse and
neglect investigation conducted under the authority of Texas Family Code Chapter
261, and Title 37 Texas Administrative Code Chapter 349;
(I)
Interfere with or hinder a child abuse and neglect internal
investigation conducted under §343.2(c) of this title or a TJPC child
abuse and neglect investigation conducted under the authority of Texas Family
Code Chapter 261, and Title 37 Texas Administrative Code Chapter 349, or any
criminal investigation conducted by a law enforcement agency; and
(J)
Deliver into nor remove from the grounds of a juvenile
detention any item or contraband and shall not exercise possession or control
of any item of contraband while on juvenile detention facility grounds.
§343.51.Enforcement Procedures-Code of Ethics.
(a)
Request for Disciplinary Hearing. Unless the standards §343.52
and §343.50 of this title relating to mandatory revocation or mandatory
suspension apply, the facility administrator, 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. If the facility administrator
or chief administrative officer makes the request for a disciplinary hearing,
the facility administrator, or chief administrative officer shall in writing
notify the juvenile board of the request simultaneous with the request's submission
to the Commission.
(b)
Notifications Made to the Commission. In the event the
Commission or Commission staff receive notice from an individual or entity
other than the facility administrator, chief administrative officer or juvenile
board that a certified juvenile detention officer, supervisor of juvenile
detention officers or facility administrator has violated the code of ethics,
Commission staff shall notify in writing the facility administrator, chief
administrative officer and the local juvenile board. Upon receipt of notification
from the Commission, the facility administrator, chief administrative officer,
or the juvenile board may conduct an internal investigation and may make a
request for a disciplinary hearing in accordance with subsection (a) of this
section.
(c)
Effect of Request for Disciplinary Hearing. When the Commission
receives a request for disciplinary hearing under subsection (a) of this section,
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.
(d)
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, conduct hearings and issue subpoenas or summons. Nothing in this
subchapter precludes the Commission from making an informal disposition, including
entering into an agreed order, as provided by the Administrative Procedure
Act, Texas Government Code Annotated, Chapter 2001.
(e)
Notice.
(1)
The Commission shall provide a minimum of 10 days notice
to the certified juvenile detention officer subject to a disciplinary hearing.
Notice shall be sent by certified mail return receipt requested.
(2)
The notice shall include:
(A)
a statement of the time, place, and nature of the hearing;
(B)
a statement of the legal authority and jurisdiction under
which the hearing is to be held;
(C)
a reference to the particular sections of the statutes
and rules involved; and
(D)
a short plain statement of the matters asserted.
(f)
Right to Counsel. An individual subject to a disciplinary
hearing under this subchapter is 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.
(g)
Disciplinary Hearing.
(1)
The juvenile detention 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.
(2)
The hearing shall be conducted in executive session with
only the members of the Commission, Commission staff, the officer, the 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.
(3)
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:
(A)
The hearing shall begin with the presentation of investigatory
findings by the designated Commission staff, supported by such proof as is
deemed necessary.
(B)
The officer may cross-examine any witnesses for the Commission;
(C)
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 been violated;
(D)
The designated Commission staff may cross-examine any witnesses
for the officer and offer rebuttal testimony of the officer's witnesses;
(E)
Each party may make closing arguments;
(F)
The hearing shall be recorded and transcribed by means
including but not limited to a stenographic record of the proceedings.
(4)
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 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:
(A)
Reprimand. The Commission may issue a written reprimand
of the juvenile detention officer, supervisor of juvenile detention officers
or administrative officer.
(B)
Suspension. The Commission may suspend the certification
of a juvenile detention officer, supervisor of juvenile detention officers,
or administrative officer for a specified period not to exceed 24 months.
(C)
Revocation. The Commission may permanently revoke the certification
of the juvenile detention officer, supervisor of juvenile detention officers,
or administrative officer.
(5)
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:
(A)
which acts or omissions by the officer, if any violated
the code of ethics;
(B)
a statement of the evidence relied upon;
(C)
a statement of which section or sections of the code of
ethics, if any, were violated by the acts or omissions of the officer;
(D)
the commission's dispositional ruling concerning the officer's
certification; and
(E)
the officer's right to rehearing and appeal.
(h)
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.
(i)
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.
(j)
Record. The Commission shall create a record for each hearing
conducted. The record shall include:
(1)
the request for disciplinary hearing received under §343.51(a)
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.
(k)
Release of Information. Upon request, the Commission shall
release information relating to a disciplinary hearing conducted under this
subchapter.
§343.52.Mandatory Certification Revocation.
(a)
Duty to Notify.
(1)
The facility administrator, 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 detention officer, supervisor of juvenile detention
officers, or facility administrator 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, or who received a conviction or deferred
adjudication that requires registration as a sex offender under Chapter 62,
Texas Code of Criminal Procedure. Notice provided under this section constitutes
a request for certification revocation.
(2)
A request for waiver under §343.19 of this title may
not be requested for this section unless the certified juvenile detention
officer, supervisor of juvenile detention officers, or facility administrator
received a pardon based upon proof of innocence.
(3)
Notifications Made to Commission. In the event the Commission,
or Commission staff receive notice from an individual or entity other than
the facility administrator, chief administrative officer, juvenile board or
their respective designees that a certified juvenile detention officer, or
facility administrator 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, or received a conviction or deferred adjudication
that requires registration as a sex offender under Chapter 62, Texas Code
of Criminal Procedure. Commission staff shall in writing notify the facility
administrator, chief administrative officer or the juvenile board. Upon receiving
notice from Commission staff the facility administrator, chief administrative
officer, or juvenile board shall request certification revocation in accordance
with subsection (a) of this section.
(4)
Commission Initiated Revocations. The Commission shall
initiate mandatory certification revocation proceedings if the Commission
discovers through a Commission monitoring visit or other compliance audit
that an individual currently certified by the Commission does not meet the
requirements under either §343.31 or §343.32 of this title.
(b)
Effect of Notification. Upon receipt of request for certification
revocation or a Commission initiated revocation under §343.52(a)(4) of
this title, the Commission shall conduct a hearing for certification revocation
at the next regularly scheduled board meeting.
(c)
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. Nothing in this subchapter precludes the Commission from making
an informal disposition, including entering into an agreed order, as provided
by the Administrative Procedure Act, Texas Government Code Annotated, Chapter
2001.
(d)
Notice.
(1)
The Commission shall provide a minimum of 10 days notice
to the certified juvenile detention officer supervisor of juvenile detention
officer or facility administrator subject to a revocation hearing. Notice
shall be sent by certified mail return receipt requested.
(2)
The notice shall include:
(A)
a statement of the time, place, and nature of the hearing;
(B)
a statement of the legal authority and jurisdiction under
which the hearing is to be held;
(C)
a reference to the particular sections of the statutes
and rules involved; and
(D)
a short plain statement of the matters asserted.
(e)
Right to Counsel. An individual subject to a revocation
hearing under this subchapter is 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.
(f)
Revocation Hearing.
(1)
The individual subject to a revocation hearing under this
subchapter, shall be given the opportunity to show compliance with the code
of ethics and all requirements of the law, including Commission standards.
(2)
The hearing shall be conducted in executive session with
only the members of the Commission, Commission staff, the officer, the facility
administrator 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.
(3)
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:
(A)
The hearing shall begin with the presentation of findings
by the designated Commission staff, supported by such proof as is deemed necessary;
(B)
The officer may cross-examine any witnesses for the Commission;
(C)
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, has
not been convicted or given deferred adjudication for an offense that requires
sex offender registration under Chapter 62, Texas Code of Criminal Procedure
or has been pardoned based upon proof of innocence;
(D)
The designated Commission staff may cross-examine any witnesses
for the officer and offer rebuttal of the testimony of the officer's witnesses;
(E)
Each party may make closing arguments;
(F)
The hearing shall be recorded and transcribed by means
including but not limited to a stenographic record of the proceedings.
(4)
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 certified officer or facility administrator, 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, or has been convicted or given deferred adjudication for an
offense that requires registration as a sex offender under Chapter 62 Texas
Code of Criminal Procedure.
(5)
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 by certified
mail return receipt requested. The notice of disposition shall include:
(A)
the Commission's dispositional ruling;
(B)
a statement of the evidence relied upon;
(C)
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
(D)
the officer's right to rehearing and appeal.
(g)
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.
(h)
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.
(i)
Record. The Commission staff shall create a record for
each revocation hearing conducted. The record shall include:
(1)
the initial notification received under §343.52(a)
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.
(j)
Release of Information. Upon request, the Commission shall
release information relating to a revocation hearing conducted under this
subchapter.
(k)
Applicability. The mandatory revocation procedures enacted
in this subchapter apply to all felony convictions, felony deferred adjudications,
or convictions or deferred adjudications that require sex offender registration
under Chapter 62 Texas Code of Criminal Procedure that occur on or after the
effective date of this subchapter.
§343.53.Mandatory Suspension for Failure to Pay Child Support.
(a)
Upon receipt of an order suspending license for failure
to pay child support issued under Texas Family Code Section 232.008 or 232.009,
the Commission shall suspend the juvenile detention officer's, supervisor
of juvenile detention officers, or facility administrator's certification.
(b)
Notice of Suspension. The Commission shall notify the certified
juvenile detention officer, supervisor of juvenile detention officers, or
facility administrator to a suspension order received under subsection (a)
of this section that the agency has formally suspended the individual's certification.
The notice shall also instruct the individual that he or she may not perform
the duties of a certified juvenile detention officer while the suspension
order is in effect. The Commission shall also notify the facility administrator,
chief administrative officer and juvenile board of the employing juvenile
probation department of the suspension.
(c)
Length of Suspension. A certification suspension shall
remain in effect until the Commission receives either an order issued under
Texas Family Code Section 232.013 that vacates or stays the certification's
suspension.
(d)
An individual subject to a suspension order issued under
subsection (a) of this section may not be hired, certified, or recertified
while the suspension order remains in effect. A request for waiver under §343.19
of this title may not be requested for the standards in this section.
(e)
An individual subject to a suspension order issued under
subsection (a) of this section may not appeal the suspension order to the
Commission.
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 May 28, 2002.
TRD-200203296
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: July 14, 2002
For further information, please call: (512) 424-6710
The Texas Juvenile Probation Commission proposes new chapter 344 rules §344.1,
344.2, 344.3, 344.4, 344.5, 344.6, 344.7, 344.8, 344.9, 344.10, 344.11, 344.12,
344.13, 344.14, 344.15, 344.16, 344.17, 344.25, 344.30, 344.31, 344.32, 344.33,
344.34, 344.35, 344.40, 344.41, 344.42, 344.43, 344.44, 344.50, 344.51, 344.52,
344.53 relating to standards for juvenile post-adjudication secure correctional
facilities. 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
amendments.
Public comments on the proposed new sections may be submitted to Erika
Sipiora at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin,
Texas 78711-3547.
Subchapter A. DEFINITIONS
37 TAC §344.1
This standard 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 this new standard.
§344.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Attempted Suicide--Any action a juvenile takes that could
result in taking his or her own life voluntarily and intentionally while detained
or placed in a secure juvenile facility.
(2)
Boot Camp--A post-adjudication secure correctional facility
meeting the above definition that features military-style discipline and structure
as an integral part of its treatment and rehabilitation program.
(3)
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.
(4)
Commission--The Texas Juvenile Probation Commission.
(5)
Contraband--Any item not issued to employees for the performance
of their duties and which employees have not obtained supervisory approval
to possess. Contraband also includes any item given to a resident by an employee
as an item which a resident is not authorized to possess or use. Specific
items of contraband include, but are not limited to:
(A)
firearms;
(B)
knives;
(C)
ammunition;
(D)
drugs;
(E)
intoxicants;
(F)
pornography; and
(G)
any unauthorized written or verbal communication brought
into or taken from an institution for a juvenile, former juvenile, associate
or family member of a juvenile.
(6)
Facility Administrator--Individual designated by the policy
board of a private secure detention facility, or by the Chief Administrative
Officer or juvenile board, as the program director or superintendent of a
secure post-adjudication secure correctional facility.
(7)
Juvenile Corrections Officer--A person whose primary responsibility
is the supervision of the daily activities of juveniles in the facility and
who is certified by the Commission as certified corrections officer. Clerical,
food service, janitorial and other auxiliary staff are not considered to be
Juvenile Corrections Officers.
(8)
Non-Program Hours--time period when all scheduled resident
activity for the entire resident population has ceased for the day.
(9)
Professionals--
(A)
Teachers certified as educators by the State Board for
Education Certification including teachers certified by the State Board for
education Certification with provisional or emergency certifications;
(B)
educational aides or paraprofessionals certified by the
State Board for Education Certification;
(C)
medical practitioners licensed or certified by:
(i)
the Texas Board of Nurse Examiners;
(ii)
The Texas Board of Medical Examiners;
(iii)
the State Board of Physician Assistants; or
(iv)
the Texas Department of Health;
(D)
mental health professionals licensed or certified by:
(i)
the Texas State Board of Examiners of Psychologists;
(ii)
the Texas State Board of Examiners of Psychologists;
(iii)
the Texas State Board of Examiners of Marriage and Family
Therapists;
(iv)
the Texas Department of Health;
(v)
the Texas Commission on Alcohol and Drug Abuse; or
(vi)
the Texas State Board of Examiners of Psychologists;
(E)
mental health professionals employed by the Texas Department
of Mental Health and Retardation, or an entity that contracts as a service
provider with the Texas Department of Mental Health and Mental Retardation;
(F)
social workers licensed by the Texas Board of Social Worker
Examiners;
(G)
juvenile probation officers certified by the Texas Juvenile
Probation Commission and;
(H)
commissioned law enforcement professional.
(10)
Post-Adjudication Secure Correctional Facility--A public
secure facility administered by a juvenile board or a privately operated facility
certified by the juvenile board includes construction fixtures designed to
physically restrict the movements and activities of the residents, and is
intended for the treatment and rehabilitation of youth who have been adjudicated
for a delinquent offense. Any non-secure residential program operating under
the authority of a juvenile board shall not be subject to these standards.
(11)
Program Hours--time period of no less than 10 hours when
the resident populations has scheduled activities and any shift changes that
occur during the time period when the resident population has scheduled activities.
(12)
Rated Capacity--Maximum number of juveniles who may be
housed within a facility in accordance with TJPC Standards.
(13)
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 May 28, 2002.
TRD-200203298
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: July 14, 2002
For further information, please call: (512) 424-6710
37 TAC §§344.2 - 344.17
These standards 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 these new standards.
§344.2.Administration, Organization and Management.
(a)
Policy Board. Written policy and procedure, and practice
shall ensure that the juvenile board, or policy board for private facilities,
be responsible for approving policy for the facility. The facility shall be
operated according to current written policies, which address personnel, administration,
childcare, programs, and training. The juvenile board, or policy board for
private facilities, shall conduct an annual review of the policies.
(b)
Certification. In compliance with the Texas Family Code, §51.12(c)
of this title, the judge(s) of the juvenile court(s) and the members of the
juvenile board shall personally inspect the detention facility at least annually
and certify in writing that the facility is suitable for the detention of
juveniles. Privately operated facilities will provide a copy of their operating
policies and procedures to the juvenile board prior to its inspection of the
facility.
(c)
Staff Coverage. Written policy and procedure, and practice
shall ensure that the facility be staffed by juvenile corrections officers
24 hours each day, seven days a week, except when no juvenile is in the facility.
Electronic monitoring equipment shall not be used to substitute for required
corrections officers. Observations of residents shall be provided to each
juvenile's assigned caseworker. A juvenile corrections officer of one sex
shall not be the sole supervisor of a juvenile of the other sex. When residents
of both sexes are in the facility, both male and female juvenile corrections
officers shall be on duty.
(d)
Administration. Written policy and procedure, and practice
shall ensure that one administrative officer be designated as the program
director or superintendent, hereinafter referred to as the facility administrator.
The facility administrator shall direct and evaluate the program of youth
care and the operation of the facility. Another staff member shall be designated
to be in charge during the facility administrator's absence.
(e)
Duties of the Facility Administrator. Written policy and
procedure, and practice shall ensure that the duties of the facility administrator
include, but shall not be limited to the following:
(1)
providing facility staff with an organizational chart which
annually reflects the structure of authority, responsibility and accountability
within the facility;
(2)
supervising expenditures and aiding in preparation of annual
budgets;
(3)
overseeing all phases of daily programs including staff
schedules, maintenance, food service, rehabilitation programs, educational
programs, purchases, and housekeeping; and
(4)
insuring that the facility maintains compliance with all
required statutes and standards.
(f)
Treatment and Safety.
(1)
Serious Incidents. The facility administrator shall report
to the Commission the death, attempted suicide, and any serious injury that
requires medical treatment by a physician or physician's assistant that occurs
in a juvenile post-adjudication secure correctional facility within 24 hours
of discovering the incident.
(2)
Child Abuse and Neglect. The facility administrator shall
ensure that any allegation of abuse or neglect occurring in a juvenile post-adjudication
secure correctional facility is reported to the commission within 24 hours
of having cause to believe a juvenile has been abused or neglected. The facility
administrator shall also ensure that a report is made to local law enforcement
in accordance with Texas Family Code Chapter 261.
(A)
Internal Investigation. The facility administrator shall
maintain written policy and procedure requiring an internal investigation
of all allegations of child abuse or neglect in the juvenile post-adjudication
secure correctional facility.
(i)
The policy shall require:
(I)
all staff members to cooperate fully with any investigation
of alleged child abuse or neglect;
(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 juveniles in the facility until the conclusion of the internal
investigation;
(III)
the alleged perpetrator have no contact with the alleged
victim(s) pending the conclusion of the internal investigation.
(ii)
At the conclusion of the internal investigation, the facility
administrator shall take appropriate measures to provide for the safety of
children.
(iii)
The facility administrator shall submit a copy of the
internal investigation to TJPC within 2 working days following the completion
of the internal investigation.
(iv)
In the event the facility administrator is alleged to
be a perpetrator of child abuse or neglect, the juvenile board shall:
(I)
conduct the internal investigation or appoint an individual
who is not an employee of the juvenile post-adjudication secure correctional
facility or juvenile probation department to conduct the internal investigation;
and
(II)
place the facility administrator on administrative leave,
or ensure the facility administrator has no contact with children in the juvenile
post-adjudication secure correctional facility or under the supervision of
the juvenile probation department until the conclusion of the internal investigation.
(B)
Treatment and Safety. The facility administrator shall
ensure that juveniles in the juvenile post-adjudication secure correctional
facility shall not be subjected to abuse or neglect as defined in Chapter
261, Texas Family Code.
§344.3.Personnel.
(a)
Written policies and procedures shall be made available
to each new employee at the time of hiring. The policies shall be reviewed
annually and updated if necessary. The policies shall include:
(1)
employee grievance procedures;
(2)
employee evaluation procedures requiring a written evaluation
at least annually;
(3)
job description including duties and responsibilities of
each position and a description of the operational shift pattern.
(b)
Personnel Records. Written policy and procedure, and practice
of the facility administrator shall ensure that a personnel file be maintained
for each employee which includes the application for employment, reference
information, performance evaluations, training records, and documentation
of promotion, demotion, termination, and other job actions.
(c)
Salaries. Written policy and procedure, and practice of
the facility administrator shall ensure all salary levels for juvenile community
based correctional facility personnel shall be reasonable and comparable with
prevailing salaries in the local public and private sectors. Juvenile correctional
personnel shall have a salary scale adopted by the juvenile board.
(d)
Supervision.
(1)
Minimum Requirements. At least two certified corrections
officers shall be on duty at any time the facility has a resident.
(2)
Gender.
(A)
If residents of both genders are court-ordered into a post-adjudication
secure correctional facility, certified corrections officers of both genders
shall be on duty and available to the residents for every shift.
(B)
Certified corrections officers of one gender shall be the
sole supervisors of residents of the same gender during showers, physical
searches, pat downs, disrobing of suicidal youth, or during other times in
which personal hygiene practices or needs would require the presence of a
certified juvenile detention officer of the same gender.
(3)
Ratios.
(A)
Supervision Ratio. The certified juvenile corrections officer
to resident ratio shall not be less than:
(i)
1 certified juvenile corrections officer to every 12 residents
during program hours;
(ii)
1 certified juvenile corrections officer to every 24 residents
during non-program hours.
(B)
Facility Wide Ratio. The facility wide correction officer
to resident ratio shall not be less than:
(i)
1 correction officer to every 8 residents during program
hours;
(ii)
1 correction officer to every 20 residents during non-program
hours
(iii)
An individual hired as a juvenile correction officer,
who is not yet certified as a juvenile correction officer may count toward
meeting the facility wide ration under clauses (i) and (ii) of this subparagraph
so long as the individual:
(I)
has not worked for the corrections facility for more than
three month's from the individual's date of hire; and
(II)
has been certified in first aid, cardio-pulmonary resuscitation,
and a TJPC approved physical restraint technique and received training in
recognizing and reporting child abuse and neglect.
(C)
Control Rooms. A certified juvenile corrections officer
stationed in the facility's main control room shall not count toward meeting
either the supervision ratio under subparagraph (A) of this paragraph or the
facility-wide ration under subparagraph (B) of this paragraph.
(4)
Level of Supervision.
(A)
a resident shall be in the constant physical presence of
a certified juvenile corrections officer, with the following exceptions:
(i)
Small Groups. No more than 3 residents may be supervised
by a professional when the professional is working with the residents in a
capacity that relates to the professional's licensure, certification, professional
training or education.
(ii)
Visitation. Private visitation between one resident and
an attorney, authorized visitor, or clergy does not require the constant physical
presence of a certified juvenile detention officer.
(iii)
Non-Program Hours.
(I)
During non-program hours, certified juvenile corrections
officers shall visually observe each resident no less than every 15 minutes.
(II)
Certified juvenile correction officers shall document
each observation made. The documentation shall include the time of the observation
and generally describe the resident's behavior.
(B)
Video and audio monitoring devices shall not substitute
for supervision by certified juvenile corrections officers.
§344.4.Management Information System.
(a)
Data Collection. Written policy, procedure, and practice
of the facility administrator shall ensure that accurate annual statistics
pertaining to juveniles admitted to a secure correctional facility shall be
gathered and recorded, including:
(1)
total number of admissions;
(2)
total days of care provided;
(3)
age, sex, and race of resident;
(4)
committing offense of residents;
(5)
length of stay;
(6)
average cost per resident per day;
(7)
total number of escapes and escape attempts;
(8)
total number of suicides and suicide attempts;
(9)
total number of injuries to residents and corrections officers;
(10)
total number of confirmed incidents of abuse and neglect
of residents;
(11)
total number of physical restraints applied;
(12)
total number of mechanical restraints applied;
(13)
total number of room confinements;
(14)
total number of room restrictions; and
(15)
total number of chemical agents applied.
(b)
Management Review. The facility administrator shall participate
in an annual evaluation of overall operations of the secure correctional facility.
Existing policies and practices shall be reviewed to determine their continuing
relevance to the mission of the facility.
(c)
Research Programs. The facility administrator shall review
proposals for research for conformity with departmental policy. Residents
may voluntarily participate in approved research programs. Medical, pharmacological,
and cosmetic programs shall be forbidden.
§344.5.Juvenile's Records.
(a)
Daily Records. Written policy, procedure, and practice
shall require:
(1)
a uniform format for identifying and separating files;
(2)
record entries made, dated, and signed by the staff member
responsible for the resident;
(3)
a daily report of admissions and releases;
(4)
a single document to identify all juveniles in the facility
and their physical location;
(5)
procedures to ensure confidentiality of records;
(6)
an individual program plan on each resident; and
(7)
all other documentation required for the appropriate level
of care provided in the facility, in accordance with Levels of Care adopted
by the Health and Human Services Commission.
(b)
Admissions. Written policy, procedure, and practice shall
ensure that each resident's admission file shall contain at least the following:
(1)
date and time of admission and release;
(2)
name, aliases and nicknames and social security number;
(3)
last known address;
(4)
adjudicated offense;
(5)
name and phone number of resident's attorney;
(6)
name, title, and signature of delivering officer;
(7)
court order;
(8)
race, sex, and date of birth;
(9)
citizenship;
(10)
educational history and school records;
(11)
employment history;
(12)
name, relationship, address, and phone number of parents,
guardian, or persons with whom juvenile resided at the time of admission;
(13)
health assessment, including a medical release signed
by the parent, guardian, or conservator or a court order authorizing the juvenile's
medical treatment, immunization records, and need for services for the disabled;
(14)
current medical, dental, and psychological evaluation;
including a signed release by a physician for juveniles placed in Boot Camps;
(15)
common application;
(16)
space for remarks; and
(17)
name of person recording data.
(c)
Contents. Written policy, procedure, and practice shall
ensure that each juvenile's record shall be made available to the treatment
staff, shall be kept in a secure place, and shall include at least the following:
(1)
admissions form;
(2)
delinquent history;
(3)
referral source;
(4)
signed inventory of cash and property held;
(5)
list of approved visitors;
(6)
progress reports;
(7)
program rules and disciplinary policy signed by resident;
(8)
grievance and disciplinary record;
(9)
individual program and treatment plan;
(10)
final release and transfer report.
§344.6.Physical Plant.
(a)
Building and Safety Codes.
(1)
The facility shall conform to applicable federal, state
and/or local building codes.
(2)
The facility shall conform to applicable zoning ordinances
or have a plan to comply with or change such laws, codes or zoning ordinances.
(3)
The facility and its furnishings shall conform with the
National Fire Protection Association's (NFPA) Life Safety Code 101 and/or
applicable state and local fire safety codes. The Life Safety Code will not
apply in geographic areas under the jurisdiction of a local government that
has adopted fire protection ordinances that apply in that geographic area.
Compliance shall be documented by the authority having jurisdiction.
(b)
Size, Organization, and Location.
(1)
Corrections Officer/Resident Interaction. Physical plant
design shall facilitate personal contact and interaction between staff and
juveniles.
(2)
Facility Size.
(A)
The secure correctional facility shall operate with living
units of no more than 24 juveniles each. Boot Camps shall operate with living
units of no more than 50 juveniles each.
(B)
If the secure correctional facility is located on property
shared with a juvenile detention facility, written policies and procedures
require minimum contact between the two populations. All applicable federal
and state laws pertaining to separation of juveniles from adult inmates shall
apply.
(C)
The facility location shall be selected with participation
from the community in which it shall be located.
(D)
The population of the facility shall not exceed the rated
capacity.
(E)
The facility location should facilitate use of community-based
services and continued contact between juveniles and their families.
(c)
Housing.
(1)
Living units shall be designed to provide a degree of privacy
for the residents consistent with the need for security and proper supervision.
(2)
The security of the facility shall be designed and constructed
so juveniles can be grouped in living and activity areas in accordance with
a classification plan.
(3)
Floor space for sleeping areas in which juveniles are confined
shall conform with the following minimum requirements.
(A)
Single Occupancy: 60 total square feet.
(B)
Multiple Occupancy: 35 square feet of shared common area
per occupant.
(C)
Boot Camps: 25 square feet of shared common area per occupant.
(4)
Bunk beds shall not exceed two levels.
(5)
Each sleeping room shall have at a minimum the following
facilities and conditions:
(A)
Sanitation facilities, including access to toilet facilities
that shall be available for use 24 hours a day;
(B)
Access to a washbasin with hot and cold running water;
(C)
A bed above floor level, space for clothing and personal
effects; and
(D)
Thermostatically controlled temperatures.
(6)
Day rooms shall provide a minimum of 35 square feet of
space per juvenile (exclusive of lavatories, showers, and toilets) for the
maximum number expected to use the day room at one time. Day rooms shall provide
sufficient seating and writing surfaces for every juvenile using the day room
at one time. Furnishings shall be consistent with the security needs of the
assigned juveniles.
(7)
Toilets shall be provided at a minimum ratio of one for
every 12 juveniles in male facilities, and one for every eight juveniles in
female facilities. For new facilities, the ratio shall be one for every six
juveniles. Urinals may be substituted for up to one-half of the toilets in
all-male facilities. All housing units with five or more juveniles shall have
a minimum of two toilets.
(8)
Residents shall have access to operable showers with temperature-controlled
hot and cold running water at a minimum ratio of one shower for every eight
juveniles. Water for showers shall be thermostatically controlled to temperatures
ranging from 100 to 120 degrees Fahrenheit to ensure the safety of juveniles
and to promote hygienic practices.
(9)
Juveniles with disabilities shall be housed in a manner
that provides for their safety and security and in accordance with state and
federal law. Rooms or housing units used by the disabled shall be designed
for their use and provide for integration with the general population. Appropriate
facility programs and activities shall be accessible to disabled juveniles
confined in the facility.
(10)
Isolation rooms shall be equipped with a toilet, washbasin,
running water and a bed. The design and use shall permit continual monitoring
by a corrections officer. Electronic equipment shall not be used to substitute
for corrections officer observation. Corrections Officers shall personally
observe, and document their observations, juveniles in an isolation room no
less than every 15 minutes.
(d)
Environmental Conditions: Housing Areas. Written policy,
procedure, and practice shall require that all housing areas provide a minimum
in the following:
(1)
natural light available from source within 20 feet of the
room;
(2)
artificial lighting suitable for tasks to be performed;
(3)
access to drinking fountain;
(4)
heating, ventilation and acoustical systems to ensure healthful
living and working conditions for juveniles and staff;
(5)
an alternative power source to operate lights, communications,
and electric doors in case power shall be interrupted; and
(6)
an alternate means of ventilation in case power is interrupted.
(e)
Program and Services Areas. Adequate space shall be provided
for the various program and service functions conducted in the facility. Spatial
requirements are best determined by careful assessment of how, when, and by
how many juveniles such spaces are used. Minimum requirements shall be:
(1)
Exercise Area. Outdoor and covered/enclosed exercise areas
for general population juveniles shall be provided in sufficient number to
ensure that each juvenile shall be offered at least one hour of access daily.
(2)
Visiting. Sufficient space shall be provided for a visiting
room or area for visitation. There shall be adequately designed space to permit
screening and searching of both juveniles and visitors. Space shall be provided
for the proper storage of visitors' personal items not allowed into the visiting
area.
(3)
Interview Space. There shall be an interview and counseling
space available in or near the living unit.
(4)
Classrooms. School classrooms shall be designed in conformity
with local or state educational requirements and with security requirements
of the facility.
(5)
Dining Areas. There shall be at least 15 square feet of
floor space per person using the dining room or dining area. Space shall be
provided for group dining except where security or safety considerations justify
otherwise.
(6)
Food Service. The food preparation area shall include a
space for food preparation based on population size, type of food preparation,
and method of meal service. There shall be provisions for adequate storage
and loading areas and garbage disposal facilities.
(7)
Sanitation and Hygiene. Toilet and washbasin facilities
shall be available to food service personnel and juveniles in the vicinity
of the food preparation area. Equipment and kitchen shall be cleaned at least
daily. Hairnets shall be worn by all food service staff when preparing and
serving food.
(8)
Housekeeping. Adequate space shall be provided for janitorial
closets that are accessible to the living and activity areas. Each closet
shall be equipped with a sink, cleaning instruments, and a system of ventilation.
(9)
Clothing and Supplies. Space shall be provided in the facility
to store and issue clothing, bedding, personal hygiene, cleaning supplies,
and other items required for daily operations.
(10)
Personal Property. Space shall be provided for secure
storage of the resident's personal property.
(11)
Mechanical Equipment. Separate and adequate space shall
be provided for mechanical and electrical equipment.
(f)
Administrative and Staff Areas.
(1)
Administrative Areas. Adequate space shall be provided
for administrative, security, professional, and clerical staff. This space
shall include conference rooms, storage room for records, a public lobby,
and toilet facilities.
(2)
Access for Individuals with Disabilities. All parts of
the facility that are accessible to the public shall be accessible to and
usable by staff and visitors with physical disabilities.
§344.7.Security and Control.
(a)
Written policy, procedure, and practice for security and
control of the facility shall include the following:
(1)
Procedures to continue operation in the event of a work
stoppage or other staff crisis;
(2)
Procedures governing the use of chemical agents and restraint
devices, including TJPC-approved training of corrections officers in their
use, and prohibition of the use of percussion or electrical shocking devices
by staff. Policies governing the use of chemical agents shall include, but
shall not be limited to the following criteria:
(A)
the juvenile board, or policy board for private facilities,
shall approve all chemical agents to be used and shall authorize in writing
permission to use them in limited situations;
(B)
chemical agents can only be used when less severe methods
to gain control of a riotous situation have been exhausted, are ineffective
or unpractical. Chemical agents may never be used as punishment;
(C)
chemical agents may only be used by certified corrections
officers trained in their use;
(D)
immediately following an incident, residents exposed to
chemical agents shall be examined, and treated if necessary, by a medical
professional;
(E)
in all cases, the use of a chemical agent shall be witnessed
by a staff member other than the corrections officer using the agent; and
(F)
any use of chemical agents shall be reported to the administrative
officer immediately after the incident, and in writing within 24 hours.
(3)
Provisions for fire drills on all shifts;
(4)
Prohibition of firearms in the facility; and
(5)
Written procedures for coordination with law enforcement
authorities in the case of riot, rebellion, escape, or other situations requiring
assistance from city, county, or state law enforcement agencies.
(b)
Searches. Searches shall be conducted according to written
policies limited to certain conditions.
(1)
A juvenile may be required to surrender his or her clothing
and to shower under observation upon admission.
(2)
A juvenile may be required to surrender his or her clothing
and submit to a search at times other than admission only if there is reasonable
cause to believe he or she is concealing contraband.
(3)
A juvenile may be required to undergo an anal or genital
body cavity search only if there is probable cause to believe he or she is
concealing contraband. A body cavity search shall be conducted only by a physician.
(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 facility administrator.
A copy of the report shall be placed in the permanent 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)
Written Policies. Written policy, procedure, and practice
for security and control of the facility shall include, but shall not be limited
to the following:
(1)
policies governing the control and use of the keys. The
facility administrator shall determine which doors shall be kept locked except
when in use and during emergencies;
(2)
policies requiring frequent inspections and maintenance
of security devices and all other areas of the facility. Written reports shall
document deficiencies; and
(3)
policies controlling the use of tools and medical and kitchen
equipment.
(e)
Classification Plan. The security of the facility shall
be designed and constructed so that residents can be grouped in accordance
with a classification plan. Classification plans shall require that juvenile
inmate populations of progressive sanctions level 5 and below be physically
segregated from committed (level 6 and 7) juvenile inmates.
(f)
Perimeter Security. The facility shall be structured so
children remain within the premises and the general public shall be denied
access without authorization. Perimeter security shall be maintained at all
times.
(g)
Secure Storage. Space shall be provided for the secure
storage of chemical agents for cleaning, restraining devices, and related
security equipment. This equipment shall be readily accessible to authorized
persons only.
(h)
Each living unit shall be designed so individual rooms,
a day room, and staff offices shall be in close proximity to juveniles for
the purpose of communication and interaction.
(i)
Restraint Devices. Written policy procedure, and practice
shall require that staff use only approved equipment for the purpose of mechanical
restraint and may only use such equipment in a manner consistent with its
intended use. The following devices shall be approved for use:
(1)
Handcuffs-Metal devices fastened around the wrist to restrain
free movement of the hands and arms;
(2)
Wristlets-A cloth or leather band fastened around the wrist
or arm and which may be secured to a waist belt;
(3)
Anklets-Cloth or leather band fastened around the ankle
or leg;
(4)
Ankle Cuffs-Metal, cloth or leather band fastened around
the ankle to restrain free movement of the legs. Handcuffs may not be used
to cuff the ankles;
(5)
Plastic Cuffs-Plastic devices fastened around the wrist
or legs to restrain free movement of hands, arms or legs. Plastic cuffs should
only be used in emergency situations; and
(6)
Waist Band-A cloth, leather, or metal band fastened around
the waist used to secure the arms to the sides or front of the body.
(j)
Use of Restraint Devices. Written policy, procedure, and
practice shall ensure that restraint devices shall be used only to prevent
residents from inflicting bodily harm on another person or upon themselves
or to prevent them from escaping from the facility or while in transit. Restraint
shall not be used as punishment or to substitute for room confinement. Devices
shall be applied properly and not secured so tightly as to interfere with
circulation nor so loosely as to cause chafing of the skin. The following
use shall be prohibited:
(1)
Devices shall not be secured to a stationary object except
when complete immobilization with a four-point restraint is needed;
(2)
Juveniles shall not be restrained to a fixed object in
a standing position; and
(3)
Juveniles shall not be restrained to any part of a vehicle
during transportation.
(k)
Physical Restraint. Written policy, procedure, and practice
shall require facilities to adopt a TJPC approved physical restraint technique.
Restraint techniques shall be restricted to instances of justifiable self-protection,
protection of others, prevention of serious property damage, and prevention
of escapes, and movement of juveniles from point to point, and then only as
a last resort. In no event are restraint techniques justifiable as punishment,
discipline, compliance and intimidation. The physical restraint shall be fully
documented and reported. Restraint shall be terminated as soon as the youth's
behavior indicates that threat of imminent self-injury, injury to others,
serious property damage, and prevention of escapes, are absent, or as soon
as staff have completed movement of juveniles from point to point.
§344.8.Rules and Discipline.
(a)
Rules of Conduct. The facility's rules of conduct, sanctions
and procedures for violations shall be defined in writing and communicated
to all juveniles and staff. Disciplinary procedures shall be carried out promptly
and with respect for due process. Written rules of conduct shall include,
but shall not be limited to the following.
(1)
Written policy, procedure, and practices shall provide
for a system of rewarding the positive behavior of individual juveniles.
(2)
Written rules of juvenile conduct shall specify acts prohibited
within the facility and penalties that can be imposed for various degrees
of violation. The written rules shall be reviewed annually and updated as
needed.
(3)
Written policies shall detail all chargeable offenses,
ranges of penalties, and disciplinary procedures. Copies of the policy shall
be made available to each juvenile and staff member and shall be translated
into those languages spoken by significant numbers of juveniles. Signed acknowledgment
of receipt of the written rules shall be maintained in each juvenile's file.
When a literacy or language problem prevents a juvenile from understanding
the written rules, a staff member or translator shall assist the juvenile
in understanding the rules. Consequences for major rules violations may include
removal from the program and referral to juvenile court for modification of
disposition, referral to criminal court if appropriate, or reclassification
within the facility resulting in loss of privileges. Major rules violations
shall include:
(A)
Violation of the laws of Texas or the United States;
(B)
Escape or attempted escape from the facility;
(C)
Causing physical pain or injury to one's self or another
person;
(D)
Possessing a weapon;
(E)
Using controlled substances or alcohol or refusing to take
a drug test;
(F)
Causing property damage of $100 or more; and
(G)
Persistent refusal to comply with facility rules.
(4)
All personnel who work with the juveniles shall receive
sufficient training so that they shall be thoroughly familiar with the rules
of juvenile conduct, the rationale for the rules, and the sanctions available.
(5)
There shall be written guidelines for informally resolving
minor misbehavior on the part of residents. Consequences for minor rules violations
shall include loss of privileges, restriction from the group, or extra work
details. Minor rules violations shall include, but shall not be limited to:
(A)
Using another's property without permission;
(B)
Threatening others;
(C)
Cursing, using racial or ethnic slurs or disrespectful
language toward another;
(D)
Disruption of organized activities;
(E)
Deliberate disobedience of staff;
(F)
Failure to attend and participate in scheduled activities;
(G)
Engaging in inappropriate physical contact or sexual activity;
(H)
Tattooing or piercing body parts of one's self or others;
and
(I)
Deliberate failure to follow the dress code.
(6)
Written policy, procedures, and practice shall require
that prior to room and/or privilege restriction, the juvenile has the reasons
for the restriction explained to him or her and has an opportunity to explain
the behavior leading to the restriction.
(7)
Written policy, procedure, and practice shall ensure that
during room restriction, staff contact shall be made with the juvenile at
least every 15 minutes.
(8)
Written policy, procedures, and practice shall specify
that room restriction for minor misbehavior serves only a cooling off purpose
and is short in increments of up to 60 minutes, with the time period specified
at the time of assignment.
(9)
Written policy may require a dress code for residents including
rules concerning the length and style of hair.
(b)
Prohibited Sanctions. Written policy, procedure, and practice
shall ensure that the following sanctions shall be prohibited:
(1)
Corporal punishment, physical abuse, and humiliating punishment;
(2)
Group punishment for the acts of individuals;
(3)
Deprivation of food, clothing, sleep, medical services,
school, exercise, correspondence, parental contact, or legal assistance; and
(4)
One resident sanctioning another.
(c)
Enforcement.
(1)
Law Violations. Written policy, procedures, and practice
shall provide that, when a juvenile allegedly commits a felony, class A or
class B misdemeanor, the case shall be referred to an appropriate court or
law enforcement officials for consideration for prosecution.
(2)
Disciplinary Reports. Written policy, procedure, and practices
shall require that employees prepare a disciplinary report and forward to
the facility administrator within 24 hours when they have a reasonable belief
that a juvenile has committed a major violation of facility rules or reportable
minor violations.
(3)
Confinement. Written policy, procedure, and practice shall
ensure that when a juvenile has been charged with a minor rules violation
requiring confinement for the safety of the juvenile, other juveniles, or
to ensure the security of the facility, the juvenile may be confined for a
period of up to 24 hours. Confinement for periods of more than 24 hours shall
be reviewed every 24 hours by an administrator or designee who was not involved
in the incident. Confined juveniles shall not be restrained by mechanical
devices unless their behavior indicates that there is a danger that they might
harm themselves or others, damage property, or attempt to escape. While in
room confinement, a certified corrections officer shall personally observe,
and document their observations, the juvenile at least every 15 minutes.
(4)
Notification and Due Process. Written policy, procedure,
and practice shall ensure that juveniles accused of major rules violations
shall be given written notice of the charges and proposed sanctions against
them within 24 hours. If the resident does not agree with the charges or sanctions,
he or she may request an informal appeal through the chain of command of the
facility. If the resident is not satisfied after the informal appeals have
been exhausted, he or she may request a formal hearing.
(5)
Disciplinary Hearing.
(A)
Written policy, procedure, and practice shall provide that
disciplinary hearings on major rule violations shall be conducted by an impartial
person or panel of persons. Upon the juvenile's request, these hearings shall
be conducted as soon as possible but not later than seven days excluding weekends
and holidays from the date of request. A record of the proceeding shall be
made and maintained for at least six months.
(B)
Written policy, procedure, and practice shall provide that
juveniles shall have an opportunity to make a statement and present documentary
evidence at the hearings and can request witnesses on their behalf. The reasons
for denying such requests shall be stated in writing.
(C)
Written policy, procedure, and practice provide that a
written record shall be made of the decision and the supporting reasons and
shall be given to the juvenile. The hearing record and the supporting documents
shall be kept in the juvenile's file and in the disciplinary committee's records.
(D)
Written policy, procedure, and practice shall provide that
if a juvenile is found not guilty of an alleged rules violation, the disciplinary
report shall be removed from the juvenile's file.
(E)
Written policy, procedure, and practice shall provide for
review of all disciplinary hearings and dispositions by the facility administrator
or designee to assure conformity with policy and regulations.
(F)
Written policy, procedure, and practice shall grant juveniles
the right to appeal decisions of the disciplinary committee to the facility
administrator or designee. Juveniles shall have up to 15 days after receipt
of the decision to submit an appeal. The appeal shall be decided within 30
days of its receipt, and the juvenile shall be promptly notified in writing
of the results.
§344.9.Food Services.
(a)
Quality. Meals shall meet the dietary requirements of the
United States Department of Agriculture school breakfast, lunch, and dinner
dietary allowances.
(b)
Menu Plans. Food service staff shall plan menus and follow
the schedule whenever possible. Menu plans shall be kept one year. Menus contain
a variety of foods and recognize special occasions and holidays.
(c)
Special Diets. Written policy, procedure, and practice
shall ensure that special diets be provided in the following circumstances:
(1)
A special diet shall be provided to a juvenile upon the
recommendation of a physician or dentist; or
(2)
A special diet shall be provided to a juvenile whose religious
beliefs require it.
(d)
Staff Meals. Facility staff on duty where juveniles are
eating need not eat, but if they do, they shall eat the same food served to
the juveniles unless:
(1)
A special diet has been ordered by his or her physician
or dentist; or
(2)
A special diet shall be required by his or her religious
beliefs.
(e)
Daily Schedule. Two hot meals and one other meal which
need not be hot shall be provided at regular meal times during each 24-hour
period. No more than 14 hours may elapse between the evening meal and breakfast
unless a snack shall be provided.
(f)
Staff Supervision. Corrections officers shall supervise
children during meals.
(g)
Juveniles must be allowed adequate time to eat meals and
in no case less than 10 minutes.
§344.10.Hygiene.
(a)
The facility's sanitation and hygiene program shall comply
with applicable regulations and standards of good practice to protect the
health and safety of juveniles and staff.
(b)
Written policy, procedure, and practice shall provide for
the control of vermin and pests.
(c)
There shall be a written housekeeping plan for the facility's
physical plant.
(d)
Clothing. Clean clothing shall be supplied to residents
upon admission. Clean socks and underwear shall be issued daily, other clothing
at least twice per week. Written policy, procedure, and practice shall provide
for the issue of special and, when appropriate, protective clothing and equipment
to juveniles assigned to food service, hospital, garage, facility physical
plant, maintenance shops, and other special work.
(e)
Bedding. Written policy, procedure, and practice shall
provide for the issue of suitable clean bedding and linen, including two sheets,
pillow and pillowcase, one mattress, and sufficient blankets to provide comfort
under existing temperature controls. There shall be provision for linen exchange
at least weekly.
(f)
Personal Cleanliness. Residents shall bathe or shower upon
admission. A facility schedule shall provide for a daily bath or shower for
each resident. Juveniles shall be given appropriate instruction on hygiene
and shall be required to comply with rules of personal cleanliness and oral
hygiene.
§344.11.Medical and Health Care Services.
(a)
Written policies shall describe the manner in which health
care services shall be provided to residents. Each juvenile shall be informed
orally and in writing of the procedures. The policies shall include the following.
(1)
If the facility administrator of the correctional facility
believes any resident or employee to be in need of immediate medical attention,
he shall require that person to submit to a medical examination.
(2)
The referring agency shall provide a complete medical and
dental evaluation of each resident. The evaluation shall be kept in the resident's
permanent file. The results of the evaluation shall be communicated to staff
responsible for daily supervision of the residents. At admission, a staff
member shall complete a Texas Juvenile Probation Commission approved medical
checklist to determine whether the juvenile has prescribed medications and
whether he or she appears to be ill, injured, or intoxicated. Policies shall
ensure the information is conveyed to all appropriate staff.
(3)
The referring agency shall provide a letter of consent
to medical treatment from the juvenile's parent, guardian, or conservator.
The consent form shall be kept in the resident's permanent file, and a copy
shall be accessible to daily supervision staff.
(4)
The facility administrator shall ensure that arrangements
are made with local health care providers to treat the residents of the facility.
(5)
If a resident requests medical treatment or if a staff
member believes that he or she is in need of treatment, the staff member shall
consult with an approved medical professional.
(b)
If medical services are delivered in the facility, adequate
space, equipment, supplies, and materials shall be provided.
(c)
Suicidal Youth.
(1)
Prevention Plan.
(A)
Each facility shall have a written suicide prevention plan
that addresses the following components:
(i)
definitions of high risk and moderate risk suicidal behavior;
(ii)
screening methodology to assess and assign a resident's
risk of suicide upon admission or upon any indication a resident previously
screened may now be at moderate or high risk for suicidal behavior;
(iii)
communication among facility staff, mental health professionals,
the resident's juvenile probation officer, the resident and the resident's
parent or guardian including communication regarding observations or indications
a resident previously screened may now be at moderate or high risk for suicidal
behavior;
(iv)
level of supervision for residents assigned to moderate
or high risk for suicidal behavior;
(v)
policy and procedure for intervening in suicide attempts;
(vi)
reporting of resident suicides and attempted suicides
in accordance with any applicable state law, administrative standard, or local
policy or ordinance;
(vii)
training on the contents and implementation of the suicide
prevention plan;
(viii)
housing of residents assigned to moderate or high risk
of suicidal behavior including the removal from the resident's presence of
any dangerous objects; and
(ix)
mortality reviews designed to review the facility's compliance
and possible needed revisions to the suicide prevention plan following a resident's
suicide.
(B)
All certified juvenile detention officers shall be trained
in the implementation of the suicide prevention plan.
(C)
Review.
(i)
The suicide prevention plan shall be reviewed on an annual
basis in consultation with a mental health professional.
(ii)
The suicide prevention plan shall be included in the juvenile
board's review of the facility's policies and procedures in accordance with §343.2(a)(1)
of this title.
(2)
Level of Supervision.
(A)
Moderate Risk for Suicidal Behavior. During non-program
hours, or any time a resident classified as a moderate risk for suicidal behavior
is isolated from the general population under §343.7(k), §343.9(c)(2)(A)
or (B), §343.12(b), or §343.13(c) of this title:
(i)
The resident shall be visually checked by a certified juvenile
detention officer at staggered intervals not to exceed every 10 minutes.
(ii)
The certified juvenile corrections officer shall document
each visual observation made with the time of the observation and a general
description of the resident's behavior.
(B)
High-Risk for Suicidal Behavior.
(i)
Supervision. During non-program hours, or any time a resident
classified as high risk for suicidal behavior is isolated from the general
population under §343.7(k), §343.9(c)(2)(A) or (B), §343.12(b),
or §343.13(c) of this title:
(I)
The resident shall be under the continuous, uninterrupted
visual supervision of a certified juvenile corrections officer.
(II)
The certified juvenile corrections officer shall have
no other duties including the supervision of another resident or residents
classified as high risk for suicidal behavior.
(III)
The certified juvenile corrections officer shall document
physical observations of a high risk resident at staggered intervals no less
than every 30 minutes.
(ii)
Required Documentation. The following documentation shall
be maintained for high-risk residents and shall be posted where it is immediately
accessible to the certified juvenile corrections officer providing supervision
to the high-risk resident:
(I)
the date and time the resident was classified as high risk;
(II)
who classified the resident as high risk;
(III)
a description of the resident's behavior that caused
the resident's classification as high risk;
(IV)
who has been assigned to supervise the resident;
(V)
the location for the resident's supervision;
(VI)
the date and time the resident was reclassified as no
longer being high risk; and
(VII)
the name of the mental health professional who reclassified
the resident as no longer being high risk.
(C)
A certified juvenile corrections officer assigned to work
in a facility's control room may not provide supervision under paragraph (2)(A)
or (2)(B) of this subsection.
(D)
Video and audio monitoring devices shall not substitute
for supervision by a certified juvenile corrections officer under paragraph
2(A) or 2(B) of this subsection.
(3)
Mental Health Referral.
(A)
the facility shall refer a resident classified as exhibiting
a high-risk for suicidal behavior to a mental health professional as defined
by §344.1(9)(D) or (E) of this title or mental health agency within 24
hours from the time the juvenile is classified as a high risk for suicidal
behavior.
(B)
The facility shall maintain written documentation that
the referral under subparagraph (A) of this paragraph was made. The documentation
shall include:
(i)
who notified the mental health professional or mental health
agency;
(ii)
the date and time of the notification;
(iii)
the method of notification; and
(iv)
a brief description of the response provided by the mental
health professional or mental health agency.
(C)
Only mental health professional as defined by §344.1(9)(D)
or (E) of this title may remove a resident from being classified as high-risk
for suicidal behavior under paragraph (2)(B) of this subsection.
§344.12.Intake, Admission, and Release.
(a)
A completed common application form, psychological evaluation,
and valid court order shall be received prior to the juvenile's admission.
(b)
A medical examination shall be completed within 30 days
of the juvenile's admission by the referring agency. Immunizations shall be
up to date and documented. A current tuberculosis test should be included.
(c)
A medical consent form from the juvenile's parent, guardian,
or conservator shall be provided by the referring agency upon admission.
(d)
The juvenile's school records shall be provided by the
referring agency upon admission.
(e)
Written policy shall govern the conditions of intake, admission
and discharge from the program. A juvenile corrections officer shall orient
each newly admitted resident to the facility, give an explanation of the grievance
policy and procedure, and assign the juvenile to a housing unit.
(f)
All personal property taken from a juvenile admitted to
the facility shall be safely stored. A receipt for the property shall be filed.
(g)
A child may be discharged from the facility by an order
of the committing court, successful completion of the program or continued
noncompliance with the program. Procedures for releasing juveniles shall include,
but shall not be limited to:
(1)
verification of identity;
(2)
verification of release papers;
(3)
completion of release arrangements with the person or agency
to whom the juvenile is to be released;
(4)
return of personal property including any prescription
medications;
(5)
instructions for forwarding mail; and
(6)
transportation arrangements.
§344.13.Communications.
(a)
Mail. Written policy governing residents' mail shall include,
but shall not be limited to the following.
(1)
Written policy and procedure governing correspondence of
juveniles shall be made available to all staff and juveniles, are reviewed
annually, and updated as needed. A resident's rights to privacy and unlimited
correspondence may not be limited except when:
(A)
The staff have cause to suspect that certain correspondence
is part of an attempt to formulate, devise, or otherwise effectuate a plan
to escape from the facility, or to violate state or federal laws;
(B)
Communication with certain individuals is specifically
forbidden by the resident's court-ordered rules of probation, parole rules,
or by the facility's rules of separation;
(C)
The resident's parents or guardian have furnished the staff
a specific list of individuals who they feel should not communicate with the
resident. Such incoming correspondence shall be returned unopened to the sender.
(2)
Residents shall be furnished with writing materials and
postage for no fewer than two letters a week, and with unlimited postage for
legal correspondence.
(3)
Staff shall forward all incoming and outgoing mail without
delay, unless there is reason to believe that the correspondence is limited
by the conditions outlined above.
(4)
Mail may be opened by staff only in the presence of the
juvenile with inspection limited to search for contraband. Money received
in the mail shall be accounted for according to agency policy.
(5)
Provisions shall be made to forward mail when the juvenile
is released or transferred.
(b)
Telephone. Written policy, procedure, and practice shall
provide for reasonable access to the telephone including times, length of
calls, and other limitations. The resident and the parents or guardians shall
be provided with copies of the telephone policy.
(c)
Visitation. Written policies shall allow for regular and
reasonable visitation hours. The plan shall contain a procedure to allow for
emergency visitation and to allow limited physical contact. The resident and
the parents or guardians shall be provided a copy of the policy, including
the regularly scheduled hours for visitation. A visitor's registry shall be
provided to document name, address, and relationship to the resident.
§344.14.Juvenile Rights.
(a)
Courts and Legal Counsel. Written policy, procedure, and
practice shall ensure juveniles' access to counsel and assist juveniles in
making confidential contact with attorneys and their authorized representatives.
Such contact shall include but shall not be limited to, telephone communications,
uncensored correspondence, and visits.
(b)
Illegal Discrimination. Written policy, procedure and practice
shall provide that juveniles shall not be subjected to discrimination based
on race, religion, national origin, sex, or physical disability.
(c)
Prohibited Sanctions. Written policy, procedure, and practice
shall protect juveniles from personal abuse, verbal abuse, corporal punishment,
personal injury, disease, property damage, and harassment. Residents shall
not be subjected to supervision and control by other residents.
(d)
Grievances. There shall be a written juvenile grievance
procedure that is made available to all juveniles and that includes at least
one level of appeal to ensure due process.
(e)
Control and Experiments. Except under the order of a physician,
no stimulant, tranquilizer, or psychotropic drug shall be administered for
purposes of behavioral management and control. The use of juveniles for medical,
pharmaceutical, or cosmetic experiments shall be prohibited.
(f)
Religious Expression. Residents may participate in religious
services and religious counseling voluntarily, subject only to the limitations
necessary to maintain facility security and control.
(g)
Services. Residents shall have a right to a basic program
of services which shall include, but shall not be limited to:
(1)
supervision to protect personal safety;
(2)
adequate living quarters;
(3)
nutritious meals;
(4)
physical exercise;
(5)
counseling; and
(6)
medical care.
(h)
Treatment and Safety. Resident juveniles shall not be subjected
to abuse or neglect as defined in Chapter 261, Texas Family Code.
§344.15.Programs.
(a)
Education Services. The administrative officer shall develop
a program which provides for coordination with local school officials within
the area served by the facility. The program shall provide education to each
juvenile in the facility appropriate to the juvenile's needs but not less
than four hours on every day that school is normally in session and shall
include the following:
(1)
providing accredited basic education programs;
(2)
providing remedial and special education to help improve
the juvenile's capacity to perform in school; and
(3)
allotting space to an independent school district to provide
instruction at the community based correction facility.
(b)
Library Services. Library services and materials shall
be available to all residents. Library materials shall consist of books, magazines,
and recordings which meet the educational, informational, and recreational
needs of residents.
(c)
Recreation and Activities. Recreation and activities shall
be available to all residents.
(1)
Each juvenile shall participate in one hour of organized
physical exercise each day.
(2)
Each juvenile shall be allowed at least one hour of unstructured
activities each day.
(3)
Recreational material, equipment, and supplies shall be
provided for indoor and outdoor activities.
(d)
Work. Residents shall be permitted to work only in compliance
with state and federal child labor laws and minimum wage laws. The juveniles
shall be required to assume responsibilities for cleaning their own rooms
and shared living space. Work assignments shall not conflict with or substitute
for education, recreation, or other programming. Juveniles may be required
to work in accordance with an order for community service restitution. Juveniles
shall not perform personal services for staff.
(e)
Religion. The facility administrator may designate a qualified
staff member or volunteer to coordinate the facility's religious programs.
Juveniles' participation in religious services shall be voluntary.
(f)
Individualized Treatment. The facility administrator shall
assure that appropriate services shall be available to meet each juvenile's
needs as documented in his or her Individual Program Plan. The plan shall
include involvement with the juvenile's family in such areas as conflict resolution
and family preservation. Written policy and procedure shall ensure that:
(1)
Facility staff complete the resident's Individual Program
Plan within 30 days of admission. The responsible staff member and resident
shall sign the plan, and copies shall be provided to the juvenile's parent
and the juvenile court of record.
(2)
Residents shall have input into the design of the Individual
Program Plan and in any changes to the plan.
(3)
The resident's progress shall be reviewed and documented
at least every two weeks. The Individualized Program Plan shall be reviewed
and updated at least every 90 days.
(4)
Prior to release from the facility, a final review of the
Plan shall be conducted and an aftercare release plan shall be formulated
in cooperation with the juvenile court of record and the resident's parents.
(g)
Rehabilitative Services. Written policy and procedure shall
provide for a social services program that shall include, but shall not be
limited to:
(1)
individual, group, and family counseling;
(2)
substance abuse counseling and treatment;
(3)
AIDS awareness; and
(4)
specialized treatment.
(h)
Physical Training Program. Written policy, procedure, and
practice shall include a written physical training program plan. The program
plan shall include an initial physical fitness screening tool, types of exercises,
time limits, and a description of how the physical training program supports
the program goals of the facility. Physical exercises should help increase
stamina, well-being, self-esteem, and healthy behaviors. Before participating
in the physical training program, the juvenile shall:
(1)
have an initial physical fitness screening administered
by the facility to determine the juvenile's ability to participate in the
program;
(2)
have a current medical assessment;
(3)
have a signed release by a physician to participate in
a program of strenuous physical exercise.
§344.16.Volunteers and Interns.
If a juvenile post-adjudication secure correctional facility has or
develops a volunteer or internship program, the following policies shall at
minimum apply to the program:
(1)
a description of the authority, responsibility and accountability
of volunteers who work with the facility;
(2)
screening including performing a criminal history check
in accordance with §344.25(c) of this title;
(3)
selection and termination criteria;
(4)
orientation and training requirements;
(5)
a requirement that volunteers meet minimum applicable professional
requirements; and
(6)
a provision for a volunteer sign in log.
§344.17.Waiver to Standards.
(a)
Who May Request. Unless expressly prohibited by another
standard, the juvenile board, or administrative officer may make an application
for waiver of any standard or standards adopted by the Commission. If the
administrative officer makes a request for waiver, the 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 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 May 28, 2002.
TRD-200203299
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: July 14, 2002
For further information, please call: (512) 424-6710
37 TAC §344.25
This standard 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 this new standard.
§344.25.Hiring Juvenile Corrections Officers.
(a)
Qualifications for Employment.
(1)
Juvenile Corrections Officers. An applicant for the position
of a juvenile corrections officer, or supervisor of juvenile corrections officers
shall be at least 21 years of age.
(2)
Facility Administrator. An applicant for the position of
facility administrator shall:
(A)
meet the qualifications for employment under the Texas
Human Resources Code §141.061(a) and 37 Texas Administrative Code §341.38.
(B)
In accordance with 37 Texas Administrative Code §341.39,
the juvenile board shall apply to the Commission for an exemption of the one
year of experience or graduate study prior to the employment of an individual
as the administrative officer.
(b)
Disqualification from Employment.
(1)
A person who within the last ten years 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 currently on either
felony probation or parole, or who is registered as a sex offender under Chapter
62, Texas Code of Criminal Procedure is not eligible for employment as a juvenile
corrections officer, supervisor of juvenile corrections officers, or facility
administrator. A request for waiver under §344.20 of this title may not
be requested for this section unless the person received a pardon based upon
proof of innocence.
(2)
An individual whose certification has been revoked by the
Commission shall never qualify for employment as a juvenile corrections officer,
supervisor of corrections officers or facility administrator. An individual
whose certification is currently under a suspension order issued under §344.51(g)(4)(B)
of this title shall not qualify for employment as a juvenile corrections officer,
supervisor of juvenile corrections officers, or facility administrator so
long as the suspension order remains in effect. An individual whose certification
is currently under a suspension order issued under §344.53(a) of this
title shall not qualify for employment as a juvenile corrections officer,
supervisor of juvenile corrections officers, or facility administrator until
the Commission receives an order issued under Texas Family Code Section 232.013
staying or vacating the license suspension.
(c)
Criminal Records Check. Prior to employing a person as
a juvenile corrections officer, supervisor of juvenile corrections officers,
or facility administrator, the facility administrator, the chief administrative
officer or juvenile board or their designee shall initiate a criminal history
check in accordance with the following guidelines. Continued employment shall
be contingent upon the completion and return of acceptable results for criminal
history checks in accordance with §344.24(b)(1) of this title:
(1)
The following criminal history checks shall be conducted:
(A)
a Texas criminal history background search (TCIC);
(B)
a local law enforcement sex offender registration records
check in the city or county where the application was made; and
(C)
a Federal Bureau of Investigation fingerprint based criminal
history background search (NCIC).
(2)
In addition to the requirements of paragraph (1) of this
subsection, if the applicant currently resides in one of the following states,
or resided in one of the following states within the 10 years prior to the
date the employment application was made, a state criminal history background
search and state sex offender registration check shall also be conducted where
available:
(A)
Hawaii;
(B)
Kansas;
(C)
Kentucky;
(D)
Louisiana;
(E)
Maine;
(F)
Massachusetts;
(G)
New Hampshire;
(H)
Rhode Island;
(I)
Tennessee;
(J)
Vermont; and
(K)
the District of Columbia.
(3)
An Internet based criminal background search shall not
be used to conduct the background searches required under subsection (c)(1)(A)
or (c)(1)(C) of this section.
(4)
A copy of the returned criminal history checks shall be
retained in the facility's records.
(d)
Applicability. This subchapter applies to all individuals
hired on or after the effective date of this subchapter. Section 344.25(c)(1)(C)
of this title does not become effective until September 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 May 28, 2002.
TRD-200203300
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: July 14, 2002
For further information, please call: (512) 424-6710
37 TAC §§344.30 - 344.35
These standards 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 these new standards.
§344.30.Persons Who Must be Certified.
The facility administrator of a juvenile post-adjudication secure correctional
facility, and any person hired as a juvenile corrections officer, or as a
supervisor of juvenile corrections officers shall obtain and maintain an active
juvenile corrections officer certification from the Commission. Only individuals
with an active juvenile corrections officer certification may provide direct
and immediate supervision to youth residing in the post-adjudication secure
correctional facility.
§344.31.Certification.
(a)
Eligibility. A person twenty-one years of age or older,
is eligible for certification as a juvenile corrections officer when the person:
(1)
meets the applicable eligibility requirements under §344.25
of this title;
(2)
has completed 40 hours of certification training in accordance
with §344.42 of this title;
(3)
has not within the past ten years been convicted or placed
on deferred adjudication for a felony against the laws of this state, another
state, or the United States, is not currently on felony probation or parole,
or is not registered as a sex offender under Chapter 62, Texas Code of Criminal
Procedure. A request for waiver under §344.20 of this title may not be
requested for this requirement unless the person received a pardon based upon
proof of innocence;
(4)
has either a high school diploma or a general equivalency
diploma from a high school or issuing authority within the United States of
America. An applicant with a high school diploma issued in a foreign country
or who completed high school under home schooling may apply for provisional
certification under §343.31(e) of this title.
(5)
is not currently under an order of certification suspension
issued under §344.51(g)(4)(B) or §344.53(a) of this title; and
(6)
has never had certified juvenile corrections officer certification
revoked under §344.51(g)(4)(C) or §344.52(f)(4) of this title.
(b)
Certification Procedures.
(1)
Juvenile corrections officers and Supervisors of Juvenile
Corrections Officers. The facility administrator, chief administrative officer
or their designee shall submit a certification application to the Commission
for all juvenile corrections officers and supervisors of juvenile corrections
officers. The certification application shall include verification that a
criminal history check conducted in accordance with §344.25(c)(1) and
(3) of this title has been returned within the 60 days prior to submitting
the certification application. If the certification applicant currently resides
outside of Texas, then the criminal history verification shall also include
verification that a criminal history background check was conducted in accordance
with §344.25(c)(2) of this title and returned within 60 days prior to
submitting the certification application. A copy of the criminal history check
shall be retained in the facility's records.
(2)
Facility Administrators. The chairman of the juvenile board,
or the chief administrative officer shall submit the facility administrator's
certification application to the Commission. The certification application
shall include verification that a criminal history check conducted in accordance
with §344.25(c)(1) and (3) of this title has been returned within the
60 days prior to submitting the certification application. If the certification
applicant currently resides outside of Texas, then the criminal history verification
shall also include verification that a criminal history background check was
conducted in accordance with §344.25(c)(2) of this title and returned
within 60 days prior to submitting the certification application. A copy of
the criminal history check shall be retained in the facility's records.
(c)
Length of Certification. A certification is valid for two
years from the date of approval.
(d)
Reinstatement of Certification after Suspension.
(1)
An individual whose certification has been suspended under §344.51(g)(4)(B)
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.
(2)
An individual whose certification has been suspended under §344.53(a)
of this title may apply for certification once TJPC has received an order
issued under Texas Family Code Section 232.013, which either vacates or stays
the suspension order and the individual meets the certification eligibility
requirements listed under subsection (a) of this section.
(e)
Provisional Certification. An individual with a high school
diploma issued in a foreign country or who received a high school education
through home schooling may apply for provisional certification.
(1)
Requirements for Provisional Certification. An individual
will qualify for provisional certification if:
(A)
all of the requirements for certification under subsection
(a) of this section except for subsection (a)(4) of this section are met;
and
(B)
the individual agrees to complete a validation of their
high school education under paragraph (3) of this subsection.
(2)
Expiration of Provisional Certification.
(A)
A provisional certification shall expire six months from
the date of issue.
(B)
An individual who has not yet validated his/her high school
diploma or high school education under paragraph (3) of this subsection by
the expiration date of the provisional certification may reapply for certification
once his/her high school diploma or high school education has been validated.
(3)
Validation of High School Diploma or High School Education.
(A)
Method of Validation. An individual who has received a
provisional certification from the Commission agrees to validate his/her high
school diploma using one of the following methods:
(i)
obtaining unconditional acceptance into a college or university
accredited by an accrediting organization recognized by the Texas Higher Education
Coordinating Board;
(ii)
receiving a general equivalency diploma;
(iii)
obtaining the unconditional acceptance of the high school
diploma as the equivalent to a high school diploma received within the United
States of America by an educational evaluation service approved by the Commission;
or
(iv)
providing documentation of the conferral of a bachelor's
or master's degree from a university or college accredited by an accreditation
organization approved by the Texas Higher Education Coordinating Board.
(B)
Upon the Commission's receipt of documentation validating
an individual's high school diploma or education, the Commission shall certify
the individual as a detention officer.
§344.32.Recertification.
(a)
Eligibility. A certified juvenile corrections officer,
including a supervisor of juvenile corrections officers and the facility administrator,
is eligible for recertification if the officer:
(1)
has not within the past 10 years 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 is not currently
on felony probation or parole, or is not registered as a sex offender under
Chapter 62, Texas Code of Criminal Procedure. A request for waiver under §344.20
of this title may not be requested for this requirement unless the person
received a pardon based upon proof of innocence;
(2)
has within the two years from the date of the certification's
or recertification's approval completed 80 hours of recertification training
in accordance with §344.43 of this title;
(3)
does not currently have juvenile corrections officer certification
suspended under §344.51(g)(4)(B) or §344.53(a) of this title; and
(4)
If the person applying for re-certification is the administrative
officer, 20 hours of the required recertification training shall be in management
and supervisory skills.
(b)
Recertification Procedures.
(1)
Submission. The facility administrator or the facility
administrator's designee shall submit a recertification application to the
Commission for all certified corrections officers and supervisors of juvenile
corrections officers. The juvenile board, the chief administrative officer,
or either's designee shall submit the facility administrator'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 was conducted in
accordance with §344.25(c)(1) and (3) of this title and returned within
the 60 days prior to submitting the certification application. If the recertification
applicant currently resides outside of Texas, then the criminal history verification
shall also include verification that a criminal history background check was
conducted in accordance with §344.25(c)(2) of this title and returned
within 60 days prior to submitting the certification application. A copy of
the criminal history check shall be retained in the facility's records.
(4)
Extension.
(A)
Requests for Extension. The juvenile board, the chief administrative
officer, the facility administrator or either's designee may request an extension
of time to allow a certified juvenile corrections 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 why 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. In the event the recertification application
is denied, an applicant may apply for certification under §344.31 of
this title.
(c)
Length of Recertification. A recertification is valid for
two years from the date of expiration of the previous certification or recertification.
§344.33.Transfer of Certification.
(a)
Notification Upon Resignation or Termination. The facility
administrator, the chief administrative officer, the juvenile board or either's
designee shall notify the Commission within 7 working days after a certified
juvenile corrections officer, supervisor of juvenile corrections officers,
or facility administrator resigns or is terminated from employment.
(b)
Inactive Certifications. Upon receipt of notice under subsection
(a) of this section, the Commission shall place the corrections officer's,
supervisor of juvenile corrections officer's or facility administrator's certification
on inactive status.
(c)
Transfer of Certification. When a person with an inactive
certification obtains employment as a juvenile corrections officer, supervisor
of juvenile corrections officer's or facility administrator, the juvenile
board, the chief administrative officer, the facility administrator 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 was conducted in accordance with §344.25(c)(1)
and (3) of this title and returned within the 60 days prior to submitting
the transfer request. If the transfer applicant currently resides outside
of Texas, then the criminal history verification shall also include verification
that a criminal history background check was conducted in accordance with §344.25(c)(2)
of this title and returned within 60 days prior to submitting the certification
application. A copy of the criminal history check shall be retained in the
facility's records.
(d)
Expiration of Certification while on Inactive Status. If
a juvenile corrections officer's, supervisor of juvenile corrections' officers
or facility administrator's certification expires while on inactive status,
the officer will not be eligible for transfer of certification. A juvenile
corrections officer, supervisor of juvenile corrections officers or facility
administrator whose certification expires while on inactive status may apply
for certification after obtaining employment with a juvenile post-adjudication
secure correctional facility and meeting the eligibility requirements listed
under §344.31(a) of this title.
(e)
Transfer of Training Records. The facility administrator,
chief administrative officer, or juvenile board or their designee shall forward
a certified juvenile corrections officer's, a supervisor of juvenile corrections
officer's or facility administrator's training records, upon a request from
the facility administrator, chief administrative officer or juvenile board
in the county where the certified juvenile corrections officer's certification
was transferred.
§344.34.Expiration of Certification While Under Certification Suspension Order.
(a)
An individual whose certification expires while under a
certification suspension order issued under §344.51(g)(4)(B) of this
title may apply certification once the suspension period has expired and the
individual meets the certification eligibility requirements listed under §344.31(a)
of this title.
(b)
An individual whose certification expires while under a
certification suspension order issued under §344.53(a) of this title
may apply for certification once TJPC has received an order issued under Texas
Family Code Section 232.013, which either vacates or stays the suspension
order and the individual meets the certification eligibility requirements
listed under §344.31(a) of this title.
§344.35.Applicability.
Except for §344.32(a)(4) of this title this subchapter applies
to all certification and re-certifications received on or after the effective
date of this subchapter. Any felony conviction or deferred prosecution occurring
before the effective date of this subchapter will not disqualify a juvenile
corrections officer who held an active certification on the subchapter's effective
date from receiving a recertification under this subchapter. Section 344.32(a)(4)
of this title does not become effective until September 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 May 28, 2002.
TRD-200203301
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: July 14, 2002
For further information, please call: (512) 424-6710
37 TAC §§344.40 - 344.44
These standards 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 these new standards.
§344.40.Training Hours.
In accordance with §344.42 and §344.43 of this title, 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.
§344.41.Training Hours for Trainers.
An individual who provides approved juvenile corrections officer training
under §344.40 of this title may claim up to 20 hours training credit
for each hour of course development. A trainer may only claim course development
one time per course topic per certification or recertification period. It
is not a requirement under this section that the individual claiming training
hours be employed by a juvenile probation department or juvenile post-adjudication
secure correctional facility as a trainer.
§344.42.Certification Training.
A person applying for certification as a juvenile corrections officer
shall have completed 40 hours of certification training. Certification Training
shall include but not be limited to the following subjects:
(1)
certification in cardiopulmonary resuscitation (CPR);
(2)
First Aid;
(3)
certification in use of a TJPC approved physical restraint
technique;
(4)
juvenile rights;
(5)
child abuse and neglect;
(6)
behavior observation and recording;
(7)
suicide prevention and identification including training
on the facility's suicide prevention plan;
(8)
legal liabilities;
(9)
dynamics of youth with mental illness;
(10)
behavior management
(11)
risk management, safety and security;
(12)
HIV/AIDS and communicable diseases;
(13)
medical and health services; and
(14)
Code of Ethics and enforcement proceedings.
§344.43.Recertification Training.
(a)
Juvenile corrections officers and Supervisors of Juvenile
corrections officers. A certified juvenile corrections officer or supervisor
of juvenile corrections officers, shall receive 80 hours of recertification
training every two years.
(b)
Facility Administrators. Facility administrators shall
receive 80 hours of recertification training every two years. Twenty of the
80 recertification hours shall be in management and supervisory skills.
(c)
Nature of Training. Current certifications in first aid,
cardiopulmonary resuscitation and first aid are required for recertification.
Other recertification training subjects shall be related to job responsibilities
or the field of juvenile justice. A three-hour undergraduate or 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)
Training hours provided in addition to the initial 40 hours
required for certification shall be counted towards the initial recertification
training requirements if the certification application is complete and all
deficiencies are corrected within 60 days of the date the application is first
received by the Commission. In the event the Commission does not notify the
juvenile post-adjudication secure correctional facility about a deficiency
in a certification application within 30 days from the date the Commission
received the application, the Commission shall give the juvenile post-adjudication
secure correctional facility an additional 30 days from the date the facility
was notified by the Commission to correct any deficiency.
§344.44.Applicability.
This subchapter applies to all training hours accrued on or after the
effective date of this subchapter. The twenty hours of management and supervisory
skills training required under §344.32(a)(4) of this title is not applicable
until September 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 May 28, 2002.
TRD-200203302
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: July 14, 2002
For further information, please call: (512) 424-6710
37 TAC §§344.50 - 344.53
These standards 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 these new standards.
§344.50.Code of Ethics.
The people of Texas expect of juvenile corrections officers, supervisors
of juvenile corrections officers, and facility administrators 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 corrections officers shall:
(A)
respect the authority and follow the directives of the
court;
(B)
respect and protect the civil and legal rights of all children
and their parents/guardians;
(C)
serve each child 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 information which could contribute to sound
decisions affecting a child or the public safety;
(H)
report without reservation any corrupt or unethical behavior
which could affect either a child or the integrity of the facility;
(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)
abide by all federal, state, and local laws and Commission
standards.
(2)
Juvenile corrections officers shall not:
(A)
use official position to secure privileges or advantages;
(B)
make statements critical of colleagues or their facility
unless these are verifiable and constructive in purpose;
(C)
permit personal interest to impair the objectivity which
is to be maintained in their official capacity;
(D)
accept any gift or favor that implies an obligation that
is inconsistent with the free and objective exercise of professional responsibilities;
(E)
maintain an inappropriate relationship with juveniles residing
in the facility or under the jurisdiction of the juvenile court 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;
(F)
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;
(G)
engage in behaviors which misuse fiscal or business office
practices or materials belonging to the facility/department including but
not limited to: falsifying time sheets, theft or misuse of office supplies,
use of facility property for personal use, and use of personal affects or
funds belonging to a resident of the facility or child under the jurisdiction
of the juvenile court;
(H)
be designated as a perpetrator in a TJPC child abuse and
neglect investigation conducted under the authority of Texas Family Code Chapter
261, and Title 37 Texas Administrative Code Chapter 349;
(I)
Interfere with or hinder a child abuse and neglect internal
investigation conducted under §344.2(c) of this title or a TJPC child
abuse and neglect investigation conducted under the authority of Texas Family
Code Chapter 261, and Title 37 Texas Administrative Code Chapter 349, or any
criminal investigation conducted by a law enforcement agency; and
(J)
Deliver into nor remove from the grounds of a post-adjudication
secure correctional facility under the jurisdiction of the Agency any item
of contraband and shall not exercise possession or control of any item of
contraband while on such grounds.
§344.51.Enforcement Procedures-Code of Ethics.
(a)
Request for Disciplinary Hearing. Unless the standards §344.52
and §344.50 of this title relating to mandatory revocation or mandatory
suspension apply, the facility administrator, 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. If the facility administrator
makes the request for a disciplinary hearing, the facility administrator shall
in writing notify the juvenile board of the request simultaneous with the
request's submission to the Commission.
(b)
Notifications Made to the Commission. In the event the
Commission or Commission staff receive notice from an individual or entity
other than the facility administrator, chief administrative officer or juvenile
board that a certified juvenile corrections office, supervisor of juvenile
corrections officers or facility administrator has violated the code of ethics,
Commission staff shall notify in writing the facility administrator, chief
administrative officer and the local juvenile board. Upon receipt of notification
from the Commission, the facility administrator, chief administrative officer,
or the juvenile board may conduct an internal investigation and may make a
request for a disciplinary hearing in accordance with subsection (a) of this
section.
(c)
Effect of Request for Disciplinary Hearing. When the Commission
receives a request for disciplinary hearing under subsection (a) of this section,
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.
(d)
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, conduct hearings and issue subpoenas or summons. Nothing in this
subchapter precludes the Commission from making an informal disposition, including
entering into an agreed order, as provided by the Administrative Procedure
Act, Texas Government Code Annotated, Chapter 2001.
(e)
Notice.
(1)
The Commission shall provide a minimum of 10 days notice
to the certified juvenile corrections officer subject to a disciplinary hearing.
Notice shall be sent by certified mail return receipt requested.
(2)
The notice shall include:
(A)
a statement of the time, place, and nature of the hearing;
(B)
a statement of the legal authority and jurisdiction under
which the hearing is to be held;
(C)
a reference to the particular sections of the statutes
and rules involved; and
(D)
a short plain statement of the matters asserted.
(f)
Right to Counsel. An individual subject to a disciplinary
hearing under this subchapter is 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.
(g)
Disciplinary Hearing.
(1)
The juvenile corrections 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.
(2)
The hearing shall be conducted in executive session with
only the members of the Commission, Commission staff, the officer, the facility
administrator, 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.
(3)
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:
(A)
The hearing shall begin with the presentation of investigatory
findings by the designated Commission staff, supported by such proof as is
deemed necessary;
(B)
The officer may cross-examine any witnesses for the Commission;
(C)
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 been violated;
(D)
The designated Commission staff may cross-examine any witnesses
for the officer and offer rebuttal testimony of the officer's witnesses;
(E)
Each party may make closing arguments;
(F)
The hearing shall be recorded and transcribed by means
including but not limited to a stenographic record of the proceedings.
(4)
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, facility administrator 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:
(A)
Reprimand. The Commission may issue a written reprimand
of the juvenile corrections officer, supervisor of juvenile corrections officers
or facility administrator.
(B)
Suspension. The Commission may suspend the certification
of a juvenile corrections officer, supervisor of juvenile corrections officers,
or facility administrator for a specified period not to exceed 24 months.
(C)
Revocation. The Commission may permanently revoke the certification
of the juvenile corrections officer, supervisor of juvenile corrections officers,
or facility administrator.
(5)
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:
(A)
which acts or omissions by the officer, if any violated
the code of ethics;
(B)
a statement of the evidence relied upon;
(C)
a statement of which section or sections of the code of
ethics, if any, were violated by the acts or omissions of the officer;
(D)
the commission's dispositional ruling concerning the officer's
certification; and
(E)
the officer's right to rehearing and appeal.
(h)
Motion for Rehearing. An individual subject to discipline
under this subchapter 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.
(i)
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.
(j)
Record. The Commission shall create a record for each hearing
conducted. The record shall include:
(1)
the request for disciplinary hearing received under §344.51(a)
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.
(k)
Release of Information. Upon request, the Commission shall
release information relating to a disciplinary hearing conducted under this
subchapter.
§344.52.Mandatory Certification Revocation.
(a)
Duty to Notify.
(1)
The facility administrator, 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 corrections officer, supervisor of juvenile corrections
officers, or facility administrator 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, or who received a conviction or deferred
adjudication that requires registration as a sex offender under Chapter 62,
Texas Code of Criminal Procedure. Notice provided under this section constitutes
a request for certification revocation.
(2)
A request for waiver under §344.20 of this title may
not be requested for this section unless the certified juvenile corrections
officer, or facility administrator received a pardon based upon proof of innocence.
(3)
Notifications Made to Commission. In the event the Commission,
or Commission staff receive notice from an individual or entity other than
the facility administrator, chief administrative officer, juvenile board or
their respective designees that a certified juvenile corrections officer,
or facility administrator 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, or received a conviction or deferred adjudication
that requires registration as a sex offender under Chapter 62, Texas Code
of Criminal Procedure. Commission staff shall in writing notify the facility
administrator, chief administrative officer or the juvenile board. Upon receiving
notice from Commission staff the facility administrator, chief administrative
officer, or juvenile board shall request certification revocation in accordance
with subsection (a) of this section.
(4)
Commission Initiated Revocations. The Commission shall
initiate mandatory certification revocation proceedings if the Commission
discovers through a Commission monitoring visit or other compliance audit
that an individual currently certified by the Commission does not meet the
requirements under either §344.31 or §344.32 of this title.
(b)
Effect of Notification. Upon receipt of request for certification
revocation or a Commission initiated revocation under §344.52(a)(4) of
this title, the Commission shall conduct a hearing for certification revocation
at the next regularly scheduled board meeting.
(c)
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. Nothing in this subchapter precludes the Commission from making
an informal disposition, including entering into an agreed order, as provided
by the Administrative Procedure Act, Texas Government Code Annotated, Chapter
2001.
(d)
Notice.
(1)
The Commission shall provide a minimum of 10 days notice
to the certified juvenile corrections officer or facility administrator subject
to a revocation hearing. Notice shall be sent by certified mail return receipt
requested.
(2)
The notice shall include:
(A)
a statement of the time, place, and nature of the hearing;
(B)
a statement of the legal authority and jurisdiction under
which the hearing is to be held;
(C)
a reference to the particular sections of the statutes
and rules involved; and
(D)
a short plain statement of the matters asserted.
(e)
Right to Counsel. An individual subject to a revocation
hearing under this subchapter is 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.
(f)
Revocation Hearing.
(1)
The juvenile corrections officer, facility administrator
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.
(2)
The hearing shall be conducted in executive session with
only the members of the Commission, Commission staff, the officer, the facility
administrator, 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.
(3)
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:
(A)
The hearing shall begin with the presentation of findings
by the designated Commission staff, supported by such proof as is deemed necessary;
(B)
The officer may cross-examine any witnesses for the Commission;
(C)
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, has
not been convicted or given deferred adjudication for an offense that requires
sex offender registration under Chapter 62, Texas Code of Criminal Procedure
or has been pardoned based upon proof of innocence;
(D)
The designated Commission staff may cross-examine any witnesses
for the officer and offer rebuttal of the testimony of the officer's witnesses;
(E)
Each party may make closing arguments;
(F)
The hearing shall be recorded and transcribed by means
including but not limited to a stenographic record of the proceedings.
(4)
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, facility administrator 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, or has been convicted or given deferred adjudication
for an offense that requires registration as a sex offender under Chapter
62 Texas Code of Criminal Procedure.
(5)
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 by certified
mail return receipt requested. The notice of disposition shall include:
(A)
the Commission's dispositional ruling;
(B)
a statement of the evidence relied upon;
(C)
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
(D)
the officer's right to rehearing and appeal.
(g)
Motion for Rehearing. An individual subject to certification
revocation under this section 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.
(h)
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.
(i)
Record. The Commission staff shall create a record for
each revocation hearing conducted. The record shall include:
(1)
the initial notification received under §344.52(a)
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.
(j)
Release of Information. Upon request, the Commission shall
release information relating to a revocation hearing conducted under this
subchapter.
(k)
Applicability. The mandatory revocation procedures enacted
in this subchapter apply to all felony convictions, felony deferred adjudications,
or convictions or deferred adjudications that require sex offender registration
under Chapter 62 Texas Code of Criminal Procedure that occur on or after the
effective date of this subchapter.
§344.53.Mandatory Suspension for Failure to Pay Child Support.
(a)
Upon receipt of an order suspending license for failure
to pay child support issued under Texas Family Code Section 232.008 or 232.009,
the Commission shall suspend the juvenile corrections officer's, supervisor
of juvenile corrections officers, or facility administrator's certification.
(b)
Notice of Suspension. The Commission shall notify the certified
juvenile corrections officer, supervisor of juvenile corrections officers,
or facility administrator of a suspension order received under subsection
(a) of this section that the agency has formally suspended the individual's
certification. The notice shall also instruct the individual that he or she
may not perform the duties of a certified juvenile corrections officer while
the suspension order is in effect. The Commission shall also notify the facility
administrator, chief administrative officer and juvenile board of the employing
county of the suspension.
(c)
Length of Suspension. A certification suspension shall
remain in effect until the Commission receives either an order issued under
Texas Family Code Section 232.013 that vacates or stays the certification's
suspension.
(d)
An individual subject to a suspension order issued under
subsection (a) of this section may not be hired, certified, or recertified
while the suspension order remains in effect. A request for waiver under §344.20
of this title may not be requested for the standards in this section.
(e)
An individual subject to a suspension order issued under
subsection (a) of this section may not appeal the suspension order to the
Commission.
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 May 28, 2002.
TRD-200203303
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: July 14, 2002
For further information, please call: (512) 424-6710
The Texas Juvenile Probation Commission proposes new Chapter 351, §§351.1
- 351.16 and §§351.20 - 351.23, relating to hold-over facilities.
The proposed standards provide programmatic and operational guidelines for
hold-over facilities including regulation, certification and training for
officers who provide supervision to detained youth.
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 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 improved facility operations and supervision of detained
youth. 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 Erika
Sipiora at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin,
Texas 78711-3547.
Subchapter A. DEFINITIONS
37 TAC §351.1
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.
§351.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Attempted Suicide--Any action a resident takes that could
result in taking his or her own life voluntarily and intentionally while detained
or placed in a short-term detention facility.
(2)
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.
(3)
Commission--The Texas Juvenile Probation Commission.
(4)
Facility Administrator--Individual designated by the Chief
Administrative Officer or juvenile board, as the program director or superintendent
of a short-term detention facility.
(5)
Medical Professional--Practitioner licensed or certified
by:
(A)
the Texas Board of Nurse Examiners;
(B)
the Texas Board of Medical Examiners;
(C)
the State Board of Physician Assistants; or
(D)
the Texas Department of Health.
(6)
Mental Health Professional--
(A)
practitioner licensed or certified by:
(i)
the Texas State Board of Examiners of Professional Counselors;
(ii)
the Texas State Board of Examines of Marriage and Family
Therapists;
(iii)
the Texas Department of Health;
(iv)
the Texas Commission on Alcohol and Drug Abuse;
(v)
the Texas State Board of Examiners of Psychologists; and
(vi)
the Texas Board of Social Worker Examiners; or
(B)
mental health professionals employed by the Texas Department
of Mental Health and Mental Retardation or an entity that contracts as a service
provider with the Texas Department of Mental Health.
(7)
Rated Capacity--Maximum number of juveniles who may be
housed within a facility in accordance with the facility's design and any
applicable codes.
(8)
Resident--A juvenile or other individual that has been
admitted into a short-term detention facility.
(9)
Short-Term Detention--The temporary secure custody of a
juvenile or other individual pending the first hearing to be conducted under
Texas Family Code §54.01.
(10)
Short Term Detention Facility ("Facility")--A facility
used to provide temporary secure custody of a juvenile or other individual
pending the first detention hearing to be conducted under Texas Family Code §54.01.
(11)
Short-Term Detention Officer--A person whose primary responsibility
is the supervision of the daily activities of the short-term detention facility's
residents.
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 May 28, 2002.
TRD-200203305
Lisa Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: July 14, 2002
For further information, please call: (512) 424-6710
Subchapter B. FACILITY STANDARDS
Subchapter C. HIRING JUVENILE DETENTION OFFICERS
Subchapter D. JUVENILE DETENTION OFFICER CERTIFICATION
Subchapter E. TRAINING
Subchapter F. CODE OF ETHICS AND ENFORCEMENT PROCEEDINGS
Chapter 344.
STANDARDS FOR JUVENILE POST-ADJUDICATION SECURE CORRECTIONAL FACILITIES
Subchapter B. FACILITY STANDARDS
Subchapter C. HIRING JUVENILE CORRECTIONS OFFICERS
Subchapter D. JUVENILE CORRECTIONS OFFICER CERTIFICATION
Subchapter E. TRAINING
Subchapter F. CODE OF ETHICS AND ENFORCEMENT PROCEEDINGS
Chapter 351.
STANDARDS FOR HOLD-OVER DETENTION FACILITIES
Subchapter B. HOLD-OVER DETENTION FACILITY STANDARDS