For further information, please call: (512) 424-6710

Subchapter B. FACILITY STANDARDS

37 TAC §§343.2 - 343.18

This repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301917

For further information, please call: (512) 424-6710

Subchapter C. HIRING JUVENILE DETENTION OFFICERS

37 TAC §343.25

This repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301918

For further information, please call: (512) 424-6710

Subchapter D. JUVENILE DETENTION OFFICER CERTIFICATION

37 TAC §§343.30 - 343.35

This repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301919

For further information, please call: (512) 424-6710

Subchapter E. TRAINING

37 TAC §§343.40 - 343.44

This repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301920

For further information, please call: (512) 424-6710

Subchapter F. CODE OF ETHICS AND ENFORCEMENT PROCEEDINGS

37 TAC §§343.50 - 343.53

This repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301921

For further information, please call: (512) 424-6710

Chapter 344. STANDARDS FOR JUVENILE POST-ADJUDICATION SECURE CORRECTIONAL FACILITIES

The Texas Juvenile Probation Commission adopts the repeal of Chapter 344, §§344.1 - 344.17, 344.25, 344.30 - 344.35, 344.40 - 344.44, 344.50 - 344.53, relating to standards for Juvenile Post-Adjudication Secure Correctional Facilities as published in the February 7, 2003, issue of the Texas Register (28 TexReg 1111) and will not be republished.

TJPC adopts the repeal in an effort not to overlap with new standards, which provide structural and substantive changes from the current standards that will become effective September 1, 2003.

No public comment was received regarding the repeal.

Subchapter A. DEFINITIONS

37 TAC §344.1

The repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301922

For further information, please call: (512) 424-6710

Subchapter B. FACILITY STANDARDS

37 TAC §§344.2 - 344.17

The repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301923

For further information, please call: (512) 424-6710

Subchapter C. HIRING JUVENILE CORRECTIONS OFFICERS

37 TAC §344.25

The repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301924

For further information, please call: (512) 424-6710

Subchapter D. JUVENILE CORRECTIONS OFFICER CERTIFICATION

37 TAC §§344.30 - 344.35

The repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301925

For further information, please call: (512) 424-6710

Subchapter E. TRAINING

37 TAC §§344.40 - 344.44

The repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301926

For further information, please call: (512) 424-6710

Subchapter F. CODE OF ETHICS AND ENFORCEMENT PROCEEDINGS

37 TAC §§344.50 - 344.53

The repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301927

For further information, please call: (512) 424-6710

Chapter 345. COMMUNITY CORRECTIONS ASSISTANCE PROGRAM

37 TAC §345.1, §345.2

The Texas Juvenile Probation Commission adopts the repeal of Chapter 345, §345.1 and §345.2, relating to standards for Community Corrections Assistance Program and Post-Adjudication Secure Facilities as published in the February 7, 2003, issue of the Texas Register (28 TexReg 1113) and will not be republished.

TJPC adopts the repeal in an effort not to overlap with new standards, which provide structural and substantive changes from the current standards that will become effective September 1, 2003.

No public comment was received regarding the repeal.

The repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301928

For further information, please call: (512) 424-6710

Chapter 347. TITLE IV-E FEDERAL FOSTER CARE PROGRAM

37 TAC §§347.1, 347.3, 347.5, 347.7, 347.9, 347.11, 347.13, 347.15, 347.17, 347.19, 347.21

The Texas Juvenile Probation Commission adopts the repeal of Chapter 347, §§347.1, 347.3, 347.5, 347.7, 347.9, 347.11, 347.13, 347.15, 347.17, 347.19, and 347.21, relating to standards for Title IV-E Federal Foster Care Programs as published in the February 7, 2003, issue of the Texas Register (28 TexReg 1114) and will not be republished.

TJPC adopts the repeal in an effort not to overlap with new standards, which provide structural and substantive changes from the current standards that will become effective September 1, 2003.

No public comment was received regarding the repeal.

The repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301929

For further information, please call: (512) 424-6710

Chapter 348. JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAMS

The Texas Juvenile Probation Commission adopts the repeal of Chapter 348, §§348.101 - 348.112 and §§348.501 - 348.504, relating to standards for Juvenile Justice Alternative Education Programs as published in the February 7, 2003, issue of the Texas Register (28 TexReg 1125) and will not be republished.

TJPC adopts the repeal in an effort not to overlap with new standards, which provide structural and substantive changes from the current standards that will become effective September 1, 2003.

No public comment was received regarding the repeal.

Subchapter A. PROGRAM OPERATIONS

37 TAC §§348.101- 348.112

The repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301930

For further information, please call: (512) 424-6710

Subchapter B. ACCOUNTABILITY

37 TAC §§348.501 - 348.504

The repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301931

For further information, please call: (512) 424-6710

Chapter 349. STANDARDS FOR CHILD ABUSE AND NEGLECT INVESTIGATIONS IN SECURE JUVENILE FACILITIES

The Texas Juvenile Probation Commission adopts the repeal of Chapter 349, §§349.101 - 349.119 and §§349.501 - 349.508, relating to standards for child abuse and neglect investigations in secure juvenile facilities as published in the February 7, 2003, issue of the Texas Register (28 TexReg 1141) and will not be republished.

TJPC adopts the repeal in an effort not to overlap with new standards, which provide structural and substantive changes from the current standards that will become effective September 1, 2003.

No public comment was received regarding the repeal.

Subchapter A. INTAKE, INVESTIGATION, AND ASSESSMENT

37 TAC §§349.101 - 349.119

The repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301932

For further information, please call: (512) 424-6710

Subchapter B. CONFIDENTIALITY AND RELEASE OF RECORDS

37 TAC §§349.501 - 349.508

The repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301933

For further information, please call: (512) 424-6710

Chapter 351. STANDARDS FOR HOLD-OVER DETENTION FACILITIES

The Texas Juvenile Probation Commission adopts the repeal of Chapter 351, §§351.1 - 351.16 and §§351.20 - 351.23, relating to standards for short-term detention facilities as published in the February 7, 2003, issue of the Texas Register (28 TexReg 1141) and will not be republished.

TJPC adopts this repeal in an effort not to overlap with new standards, which provide structural and substantive changes from the current standards that will become effective September 1, 2003.

No public comment was received regarding the repeal.

Subchapter A. DEFINITIONS

37 TAC §351.1

The repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301934

For further information, please call: (512) 424-6710

Subchapter B. HOLD-OVER DETENTION FACILITY STANDARDS

37 TAC §§351.2 - 351.16

The repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301935

For further information, please call: (512) 424-6710

Subchapter C. HIRING, CERTIFICATION AND RECERTIFICATION OF JUVENILE DETENTION OFFICERS

37 TAC §§351.20 - 351.23

The repeal is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301936

For further information, please call: (512) 424-6710

Chapter 341. TEXAS JUVENILE PROBATION COMMISSION STANDARDS

The Texas Juvenile Probation Commission adopts new Chapter 341 relating to Texas Juvenile Probation Commission standards. Section 341.15 is being adopted with non-substantive changes to the text as published in the February 7, 2003, issue of the Texas Register (28 TexReg 1078). Sections 341.1-341.4, 341.9-341.10, 341.16, 341.20-341.23, 341.28-341.30, 341.35-341.41, 341.47-341.56, 341.60, and 341.65-341.71 are adopted without changes as published and will not be republished.

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

No public comment was received.

Subchapter A. DEFINITIONS

37 TAC §341.1

These standards are adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by these new standards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301937

For further information, please call: (512) 424-6710

Subchapter B. JUVENILE BOARD RESPONSIBILITIES

37 TAC §§341.2 - 341.4

These standards are adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with the authority to adopt reasonable rules which provide minimum standards for juvenile boards.

No other code or article is affected by these new standards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301938

For further information, please call: (512) 424-6710

Subchapter C. CHIEF ADMINISTRATIVE OFFICER RESPONSIBILITIES

37 TAC §341.9, §341.10

No other code or article is affected by these new standards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301939

For further information, please call: (512) 424-6710

Subchapter D. TREATMENT AND SAFETY

37 TAC §341.15, §341.16

No other code or article is affected by these new standards.

§341.15.Treatment and Safety.

(a) Serious Incidents. The chief administrative officer or his/her designee shall report to the Commission within 24 hours the escape, death, attempted suicide, and any serious injury, including youth on youth assaults, that require medical treatment by a physician or physician's assistant, that occurs in a juvenile justice program or juvenile probation department.

(b) Abuse, Exploitation and Neglect.

(1) Any employee, volunteer or intern of a juvenile probation department or juvenile justice program shall report to the Commission and local law enforcement any allegation of abuse, exploitation or neglect of a juvenile that occurs in or involves an employee, volunteer or intern of a juvenile justice program, juvenile probation department, pre-adjudication secure detention facility, short-term juvenile detention facility, post-adjudication secure correctional facility, or juvenile justice alternative education program.

(2) Any allegation of abuse, exploitation or neglect involving a juvenile under the jurisdiction of the juvenile court that is not alleged to have occurred in a juvenile justice program or facility under the jurisdiction of the juvenile board shall be reported as required in Texas Family Code §261.101.

(3) A report of the alleged abuse, exploitation or neglect under subsection (1)(A) of this section shall be made within 24 hours from the time the allegation is made.

(1) An internal investigation shall be conducted for all allegations of abuse, exploitation or neglect in the juvenile probation department or any juvenile justice program.

(2) All employees, volunteers and interns shall fully cooperate with any investigation of alleged abuse, exploitation or neglect.

(3) Until the conclusion of the internal investigation, any person alleged to be a perpetrator of abuse, exploitation or neglect shall be placed on administrative leave or reassigned to a position having no contact with the alleged victim's family, and individuals under supervision by the juvenile probation department, participating in a juvenile justice program or under the jurisdiction of the juvenile court.

(4) At the conclusion of the internal investigation, the chief administrative officer shall take appropriate measures to provide for the safety of the juveniles.

(5) The chief administrative officer or his/her designee shall submit a copy of the internal investigation to the Commission within five calendar days following the completion of the internal investigation.

(d) In the event the chief administrative officer is alleged to be a perpetrator of abuse, exploitation or neglect, the juvenile board shall:

(1) conduct the internal investigation or appoint an individual who is not an employee of the juvenile probation department to conduct the internal investigation;

(2) until the conclusion of the internal investigation place the chief administrative officer on administrative leave, or ensure the chief administrative officer has no contact with the alleged victim's family and individuals under supervision by the juvenile probation department, participating in a juvenile justice program or under the jurisdiction of the juvenile court; and

(3) submit a copy of the internal investigation to the Commission within five calendar days following the completion of the internal investigation.

(e) The chief administrative officer shall ensure that juveniles under supervision of the juvenile probation department or participating in a juvenile justice program shall not be subjected to abuse, exploitation or neglect as defined in Chapter 261, Texas Family Code.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301940

For further information, please call: (512) 424-6710

Subchapter E. EMPLOYMENT OF CERTIFIED JUVENILE PROBATION OFFICERS

37 TAC §341.20 - 341.23

No other code or article is affected by these new standards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301941

For further information, please call: (512) 424-6710

Subchapter F. REQUIREMENTS FOR JUVENILE PROBATION OFFICERS

37 TAC §§341.28 - 341.30

No other code or article is affected by these new standards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301942

For further information, please call: (512) 424-6710

Subchapter G. CASE MANAGEMENT STANDARDS

37 TAC §§341.35 - 341.41

No other code or article is affected by these new standards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301943

For further information, please call: (512) 424-6710

Subchapter H. DATA COLLECTION STANDARDS

1. CASEWORKER SYSTEMS

37 TAC §§341.47 - 341.51

No other code or article is affected by these new standards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301944

For further information, please call: (512) 424-6710

2. NON-CASEWORKER SYSTEMS

37 TAC §§341.52 - 341.56

No other code or article is affected by these new standards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301945

For further information, please call: (512) 424-6710

Subchapter I. ELECTRONIC DATA INTERCHANGE SPECIFICATIONS

37 TAC §341.60

No other code or article is affected by these new standards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301946

For further information, please call: (512) 424-6710

Subchapter J. RESTRAINTS

37 TAC §§341.65 - 341.71

No other code or article is affected by these new standards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301947

For further information, please call: (512) 424-6710

Chapter 342. STANDARDS FOR HOUSING NON-TEXAS JUVENILES IN TEXAS DETENTION AND CORRECTIONAL FACILITIES

37 TAC §§342.1 - 342.3

The Texas Juvenile Probation Commission adopts new Chapter 342, §§342.1-342.3, relating to standards for housing out-of-state juveniles. This chapter is adopted without changes as published in the February 7, 2003, issue of the Texas Register (28 TexReg 1089) and will not be republished.

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

No public comment was received.

These standards are adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by these new standards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301948

For further information, please call: (512) 424-6710

Chapter 343. STANDARDS FOR SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES

The Texas Juvenile Probation Commission adopts new Chapter 343, §§343.1-343.17, 343.30-343.37, 343.45-343.52, and 343.60-343.68, relating to standards for juvenile pre-adjudication and post-adjudication secure facilities. Sections 343.1, 343.5, 343.7, 343.10, 343.30, 343.37, 343.52, and 343.66 are adopted with changes to the proposed text as published in the February 7, 2003, issue of the Texas Register (28 TexReg 1092). Sections 343.2-343.4, 343.6, 343.8, 343.9, 343.11-343.17, 343.31-343.36 343.45-343.51, 343.60-343.65, 343.67, and 343.68 are adopted without changes and will not be republished.

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

No public comment was received regarding adoption of the new sections.

Subchapter A. DEFINITIONS

37 TAC §343.1

These standards are adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

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) Alleged Victim--A juvenile alleged as being a victim of abuse, exploitation or neglect.

(2) 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 facility.

(3) Chemical Agents--Oleorsin Capsicum (OC) pepper spray, or Orthochlorobenzalmalonoitrile (tear gas).

(4) 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.

(5) Commission--The Texas Juvenile Probation Commission.

(6) Common Activity Area--Area inside the facility to which residents have access and in which activities are conducted. This area includes but is not limited to dayrooms, covered recreation areas, recreation rooms, education rooms, counseling rooms, testing rooms, visitation areas, and medical or dental rooms.

(7) 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 or other individual, which a resident is not authorized to possess or use. Specific items of contraband include, but are not limited to:

(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.

(8) Design Capacity--The number of people that can safely occupy a building or space as determined by the original architectural design and any building modifications, licensing, accreditation, regulatory authorities, and building codes.

(9) Detention--The temporary secure custody of a juvenile, or other individual pending juvenile court disposition or transfer to another jurisdiction or agency.

(10) Facility Administrator--Individual designated by the policy board of a private secure facility, or by the Chief Administrative Officer or juvenile board, as the on-site program director or superintendent of a secure facility.

(11) Juvenile Detention Officer--A person whose primary responsibility is the supervision of the daily activities of residents in a secure facility. This may include the facility administrator, assistant facility administrator or a supervisor of juvenile detention officers. Other administrative, food services, janitorial, and auxiliary staff are not considered to be detention officers.

(12) Military Style Program--A post-adjudication secure correctional facility that features military-style discipline and structure as an integral part of its treatment and rehabilitation program.

(13) 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.

(14) Non-Program Hours--Time period when all scheduled resident activity for the entire resident population has ceased for the day.

(15) Physical Training Program--Any program that requires participants to engage in and perform structured physical training and activity. This does not include recreational team activities.

(16) Post-Adjudication Secure Correctional Facility ("Facility" or "Secure Facility")--A public secure facility administered by a juvenile board or a privately operated facility certified by the juvenile board that includes construction and 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. Subchapters A, B, D and E of this title apply to all post-adjudication secure correctional facilities. A Post-Adjudication Secure Correctional Facility does not include any non-secure residential program operating under the authority of a juvenile board.

(17) Pre-Adjudication Secure Detention Facility ("Facility" or "Secure Facility")--A public secure facility administered by a juvenile board or a privately operated facility certified by the juvenile board 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. Subchapters A, B, C and E of this title apply to all pre-adjudication secure detention facilities. A secure detention facility does not include a short-term detention facility as defined by Texas Family Code §51.12(j).

(18) Primary Control Room--A restricted or secure area from which entrance into and exit from a secure facility is controlled. The primary control room also contains the emergency, monitoring, and communications systems and is staffed 24 hours each day that residents are in the facility.

(19) Professionals--The following persons are considered 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;

(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;

(vi) the Texas State Board of Medical Examiners; or

(vii) the Texas Board of Social Worker Examiners provided the licensure is either as an advanced practitioner or advanced clinical practitioner.

(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.

(20) 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.

(21) Resident--A juvenile or other individual that has been admitted into or court-ordered to reside in a secure facility.

(22) Single Occupancy Housing Units--Units designed and constructed with separate and secure, individual resident sleeping quarters.

(23) TJPC Standard Screening Tool--An instrument approved by the Commission that screens the juvenile's needs in the area of mental health.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301949

For further information, please call: (512) 424-6710

Subchapter B. PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS

37 TAC §§343.2 - 343.17

These standards are adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by these new standards.

§343.5.Physical Plant.

(a) Location.

(1) If the facility is located in the same building or on the grounds of any type of adult corrections facility, it shall be a separate, self-contained unit.

(2) All applicable federal and state laws pertaining to the separation of juveniles from adult inmates shall apply.

(b) Separate Operations.

(1) All pre-adjudication programs shall be operated separately from any post-adjudication programs.

(2) Where a pre-adjudication program and a post-adjudication program are located in the same building or on the same grounds, contact between the two populations shall be kept to a minimum.

(c) Exits. Facility exits shall be clear of obstruction, and properly marked for evacuation in the event of fire or other emergency.

(d) Storage. Storage of cleaning supplies and equipment shall not be accessible to residents.

(e) Fire Safety Plan. The facility shall adopt a fire safety plan.

(1) The fire safety plan shall:

(A) be approved in writing by the governmental fire authority having primary jurisdiction of the facility; and

(B) designate a facility staff person as the fire safety officer.

(2) The facility fire safety officer's duties shall include insuring the following:

(A) maintenance of a current fire drill log;

(B) proper disposal of combustible refuse;

(D) quarterly fire drills on all shifts; and

(E) procedures for the use and control of flammable, toxic, and caustic materials.

(f) Safety Codes. The facility shall conform to the provisions set forth in the Life Safety Code, National Fire Protection Association (NFPA), 101 and/or any applicable state and local fire safety codes. The Life Safety Code may be substituted with local government ordinances/codes only if said ordinances/codes are specifically written to include building occupancy for detention and correctional usage.

(1) A formalized facility Life Safety Code Inspection/fire safety inspection shall be completed prior to the facility becoming operational.

(2) All subsequent facility Life Inspection Safety Code/fire safety inspection shall be conducted at least annually.

(3) All inspection reports shall be reduced to written documentation which shall include:

(A) an enumeration of the specific code(s) used during the inspection;

(B) any corrective action required;

(D) the date(s) of the inspection.

(g) Population. The population of the facility shall not exceed the design capacity of the facility.

(h) Lighting. There shall be lighting available for the residents.

(i) Natural Lighting. All housing areas located in facilities designed and constructed or placed into operation on or after the effective date of this standard shall provide natural light available from a source within 20 feet of the area.

(j) Facility design. All housing areas shall provide for the following:

(1) an operable shower or bath with hot and cold running water for at least every ten residents;

(2) fully functioning:

(A) heating systems;

(B) ventilation systems; and

(3) access to a drinking fountain;

(4) 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 facilities constructed after March 1, 1996, the ratio shall be one toilet for every six juveniles.

(A) urinals may be substituted for up to one-half of the toilets in all male facilities;

(B) all housing units with five or more juveniles shall have a minimum of two toilets; and

(5) access to a washbasin with hot and cold running water.

(k) Confinement Rooms. Any room utilized for the confinement of residents from the general population under the provisions of these standards shall be equipped with:

(1) a toilet;

(2) a washbasin with running water; and

(3) a mattress.

(l) Disabled Residents. Rooms or housing units used by disabled residents shall be designed for their use and provide for their safety and security in accordance with state and federal law.

(m) Program and Services Areas. The facility shall be designed to provide space for:

(1) a room or area for visitation;

(2) religious activities;

(3) interviewing and counseling; and

(4) educational instruction.

(n) Personal Property. Space shall be provided for secure storage of the resident's personal property.

(o) Housing Units. The secure facility shall be constructed with housing units of no more than 24 residents each.

(p) Dining Area. The dining area shall provide a minimum of 15 square feet of floor space per diner.

(q) Alternate Power Source. In the event that regular power is interrupted, the facility shall have an alternate source of power to operate:

(1) lights;

(2) communications systems;

(3) fire detection and alarm systems; and

(4) electric door locks.

(r) Preventive Maintenance.

(1) Power systems shall be tested at least every two weeks, the results documented and any deficiencies corrected.

(2) All emergency equipment and systems shall be tested at least monthly, the results documented and any deficiencies corrected.

(s) Ventilation. Alternate means of ventilation shall be maintained in case regular power is interrupted.

(t) 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 in accordance with state and federal law.

(u) Secure Storage. There shall be a location for secure storage of restraining devices, and related security equipment. This equipment shall be readily accessible to authorized persons.

§343.7.Rules and Discipline.

(a) Prohibited Sanctions. The following sanctions shall be prohibited:

(1) corporal punishment;

(2) humiliating punishment;

(3) one resident sanctioning another;

(4) group punishment for the acts of an individual;

(5) deprivation of food;

(6) deprivation of clothing;

(7) deprivation of sleep;

(8) deprivation of medical services; and

(9) physical exercises used for compliance, intimidations, or with the exception of post-adjudication military style programs, discipline.

(b) Enforcement. Rule violations and corresponding staff actions shall be recorded in the resident's record.

(c) Law Violations. When a resident is alleged to have committed a felony or a class A or B misdemeanor while in the facility, the case shall be referred to a law enforcement agency for possible investigation and/or prosecution.

(d) Separation from the Group.

(1) Room Restriction.

(A) Room restriction may be used in increments of up to 60 minutes for behavior modification.

(B) During room restriction, a juvenile detention officer shall personally observe and record the resident's behavior in staggered intervals not to exceed 15 minutes.

(2) Room Confinement.

(A) Room confinement may be used when a resident is out of control, repeatedly refuses to comply with rules, or is a threat to himself or others.

(B) Room confinement may be utilized by a juvenile detention officer for up to 24 hours.

(C) The juvenile detention officer shall complete a disciplinary report for submission to the facility administrator or designee that describes the circumstances and the staff action taken in response to the violation.

(D) Confinement beyond 24 hours shall be approved in writing by the facility administrator or designee, and reauthorized in writing by the facility administrator or designee, if necessary, every 24 hours.

(E) During room confinement, a juvenile detention officer shall personally observe and record the resident's behavior in staggered intervals not to exceed 15 minutes.

§343.10.Health Care Services.

(a) Health Service Authority. The facility administrator shall designate a health service authority responsible for health care decisions within the facility. The health service authority shall be a physician, registered nurse, or physician's assistant.

(b) Health Service Coordinator.

(1) The facility administrator or designee shall designate a staff member to coordinate health care delivery in the facility.

(2) The health service coordinator shall receive special training in health care and be familiar with local health care providers and facilities.

(c) Medical Referral. If a staff member believes any resident to be in need of immediate medical attention or if a resident requests treatment, the resident shall be referred for medical services.

(d) Medical Confinement. Medical confinement may be ordered as a health precaution at the direction of a medical professional.

(1) The reasons for the medical confinement of a resident shall be documented and a copy placed in the resident's file.

(2) During medical confinement, a juvenile detention officer shall personally observe and record the resident's behavior in staggered intervals not to exceed 15 minutes.

(e) Medical Release. Documentation of consent for medical treatment received in accordance with Texas Family Code §32.001, shall be maintained in applicable resident files.

(f) Medication. In accordance with Texas Human Resources Code §142.005, the juvenile board shall adopt a policy concerning the administration of medication to residents. The policy shall include which facility employees are authorized to administer medication to residents.

(g) Suicidal Youth.

(1) Prevention Plan.

(A) Each facility shall have a written suicide prevention plan developed in consultation with a mental health professional 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 and 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 juvenile detention officers shall be trained in the implementation of the suicide prevention plan.

(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 facility administrator's review of the facility's policies and procedures in accordance with §343.2(d)(1) of this chapter.

(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 confined or restricted from the general population:

(i) The resident shall be visually checked by a juvenile detention officer at staggered intervals not to exceed every 10 minutes.

(ii) The 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 confined or restricted from the general population:

(I) The resident shall be under the continuous, uninterrupted visual supervision of a juvenile detention officer.

(II) The juvenile detention officer shall document physical observations of a high risk resident at staggered intervals not to exceed 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 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 juvenile detention officer assigned to work in a facility's primary control room may not provide supervision under subparagraph (A) or (B) of this paragraph.

(D) Video and audio monitoring devices shall not substitute for supervision by a juvenile detention officer under subparagraph (A) or (B) of this paragraph.

(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(19)(D)(i), (ii), (iii), (vi), and (vii) or (E) of this chapter or mental health agency within 24 hours from the time the resident 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) Prior to being removed from a high risk for suicidal behavior designation/classification, a mental health professional as defined by §343.1(19)(D)(i), (ii), (iii), (vii) or (E) of this chapter shall conduct an assessment of the resident's suicide risk and issue a written recommendation which addresses the following:

(i) the need to re-classify the resident's suicide risk level;

(ii) the need for intervention strategies and/or services during the resident's period of incarceration within the facility; and

(iii) the need for additional assessment(s).

(D) The mental health professional's written recommendation shall be maintained in the resident's record.

(E) Only the facility administrator, or their designee may remove a resident from being designated/classified as being a high risk for suicidal behavior under paragraph (2)(B) of this subsection.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301950

For further information, please call: (512) 424-6710

Subchapter C. PRE-ADJUDICATION SECURE DETENTION FACILITY STANDARDS

37 TAC §§343.30 - 343.37

These standards are adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by these new standards.

§343.30.Intake, Admission and Release.

(a) Intake. 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.

(1) The referring person shall be directed to a health care facility to have the individual evaluated and treated.

(2) Subsequent admission to detention is contingent upon written medical clearance provided by a health care or mental health professional.

(b) Intoxicated Individuals.

(1) Anyone admitted to detention shall be assessed to determine the need for detoxification from alcohol or other substances.

(2) Intoxicated individuals who have been medically cleared for admission should be placed under medical confinement in accordance with §343.10(d) of this chapter.

(1) An intake or other officer authorized by the court shall be on duty at the facility or on call 24 hours a day.

(2) Written policy shall state the conditions under which the intake officer may authorize the conditional release of an individual referred to the facility.

(d) Orientation.

(1) A detention officer shall orient each newly admitted resident to the facility.

(2) The orientation shall include, in the resident's primary language, an explanation of the following:

(A) facility's program rules;

(B) grievance policy and procedures; and

(3) When a literacy problem prevents a resident from understanding written rules, a staff member or translator shall assist the resident in understanding the rules.

(4) If the resident is not sufficiently fluent in English or Spanish, then arrangements shall be made to provide the resident with an orientation in the resident's primary language within 48 hours of admission.

(e) Personal Property. Written policy shall describe the procedures regarding the handling of residents' personal property held by the facility.

(f) Bedding. Each resident shall be provided suitable clean bedding including sheets, pillow and pillowcase, mattress, and blankets.

(g) Clothing. Clean clothing is to be provided upon admission.

(h) Personal Hygiene. Residents shall be required to surrender their clothing and to bathe or shower upon admission.

(i) Screening. The TJPC Standard Screening Tool shall be administered to each resident that is admitted into detention.

(1) The tool shall be administered within 48 hours from the time the resident is admitted into detention.

(2) A copy of the completed tool shall be provided to the supervising juvenile probation officer.

(j) 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 in accordance with §343.10(g)(1)(A)(ii) of this chapter;

(3) current state of health including:

(A) allergies;

(B) other chronic conditions;

(D) sexually transmitted diseases; and

(E) other infectious diseases;

(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.

(k) 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 the affected resident shall be placed in medical confinement until proper medical clearance is obtained.

(l) Assessment Period. Upon entering the facility, residents shall be assigned to the general program as soon as possible after admittance.

(1) Written policy shall prohibit automatic room confinement for periods of time longer than necessary to assess the risks and needs of the residents.

(2) If a resident is confined in his or her room at admission for assessment purposes, juvenile detention officers shall document their assessment of the resident during this 24-hour period and retain this documentation in the resident's file.

(3) A juvenile detention officer shall, at staggered intervals not to exceed 15 minutes, personally observe and record the behavior of residents in room confinement during the assessment period.

(m) Release. Procedures for releasing residents shall include:

(1) verification of identity of the person receiving custody;

(2) verification of release authorization;

(3) signed release by resident for the return of personal property; and

(4) receipt signed by person receiving custody.

§343.37.Programs.

(a) Education. The facility administrator shall ensure that there is an educational program that requires all residents to participate. The program shall include:

(1) courses of study that meet the requirements of the Texas Education Code;

(2) a minimum of 180 days of educational instruction or provide educational services that coincide with the local school district calendar;

(3) require coordination with the local education agency to provide appropriate special education services; and

(4) documentation of the notification to the local school district as required by the Texas Education Code §29.012.

(b) Reading Materials. Reading materials shall be available to all residents.

(1) Recreational equipment and supplies shall be provided.

(2) The recreational schedule shall provide:

(A) at least one hour of organized physical activity per day; and

(B) at least one hour of open recreational activity per day.

(d) Work. Written policy requires that residents shall be responsible for cleaning their own rooms and other areas of the facility.

(1) Other work shall be voluntary unless it involves court-ordered community service restitution and shall meet state and federal child labor laws.

(2) Residents shall not be required to perform personal services for staff.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301951

For further information, please call: (512) 424-6710

Subchapter D. POST-ADJUDICATION SECURE CORRECTIONAL FACILITY STANDARDS

37 TAC §§343.45 - 343.52

These standards are adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by these new standards.

§343.52.Programs.

(a) Education. The facility administrator shall ensure that there is an educational program that requires all residents to participate. The program shall:

(1) provide a minimum of 180 days of educational instruction or provide educational services that coincide with the local school district calendar;

(2) provide a minimum of four hours of educational instruction to each resident on every day that the local school district is normally in session;

(3) require coordination with the local education agency to provide appropriate special education services; and

(4) documentation of the notification to the local school district as required by the Texas Education Code §29.012.

(b) Reading Materials. Reading materials shall be available to all residents.

(c) Recreation. Recreational material, equipment, and supplies shall be provided for both indoor and outdoor activities. A recreational schedule shall provide:

(1) at least one hour of organized physical activity per day;

(2) at least one hour of open recreational activity per day; and

(3) indoor and outdoor activity for all residents.

(d) Individualized Treatment Plan. The facility shall develop an individualized treatment plan in collaboration with the juvenile probation department in accordance with the following:

(1) The Individualized Treatment Plan shall:

(A) be developed and implemented within 30 calendar days of the resident's initial date of placement;

(B) be developed in consultation with the resident's parent, guardian or custodian, the resident, and the supervising juvenile probation officer;

(C) contain specific behavioral goals using the nine domains outlined in Title 1, Part 15, §351.13 of the Texas Administrative Code;

(D) be signed by the resident and the resident's parent, guardian or custodian, the substitute care provider, and the resident's supervising probation officer; and

(E) be retained in the resident's record with copies provided to the resident, the resident's parent, guardian or custodian and the supervising juvenile probation department.

(2) Individualized Treatment Plan Review.

(A) Treatment plans shall be reviewed and updated every 90 calendar days.

(B) The resident and at least one parent, guardian, or custodian shall participate in the treatment plan review with the substitute care provider and the resident's supervising juvenile probation officer.

(C) The treatment plan reviews shall measure the resident's progress toward meeting his/her goals using the six-point scale outlined in Title 1, Part 15, §351.13 of the Texas Administrative Code.

(D) The outcome of the substitute care provider's service delivery shall be assessed based on whether the juvenile is progressing in fifty percent or more of identified goals.

(E) Treatment plan reviews shall be signed by the resident, the resident's parent, guardian, or custodian and the supervising juvenile probation officer.

(F) Copies of every treatment plan review shall be retained in the resident's record.

(e) Rehabilitative Services. The social services program shall provide:

(1) individual counseling;

(2) group counseling;

(3) substance abuse prevention education; and

(4) AIDS awareness.

(f) Physical Training Program.

(1) If a facility has a physical training program, the facility shall have a written physical training program plan. The plan shall include:

(A) an initial physical fitness screening tool;

(B) types of exercises; and

(2) Before participating in the physical training program, the resident shall:

(A) have an initial physical fitness screening administered by the facility to determine the resident's ability to participate in the program; and

(B) have a signed release by a physician to participate in a program of strenuous physical exercise.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301952

For further information, please call: (512) 424-6710

Subchapter E. RESTRAINTS

37 TAC §§343.60 - 343.68

These standards are adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by these new standards.

§343.66.Restraint Chair.

In addition to the requirements found in §§343.61 - 343.63 of this chapter, the use of the restraint chair shall be governed by the following criteria:

(1) Requirements.

(A) only a professionally manufactured restraint chair approved by the juvenile board may be used in a juvenile facility;

(B) the restraint chair may only be used to prevent self-injury, injury to others, or when a resident displays extremely aggressive or disruptive behavior and other approved restraint techniques are inappropriate or ineffective to control the resident's behavior; and

(i) be authorized to place a resident in the restraint chair; and

(ii) provide supervision of a resident placed in the restraint chair;

(D) circulation checks shall be conducted by a juvenile probation or detention officer every 10 minutes;

(E) length of confinement

(i) a resident shall be released from the restraint chair as soon as the resident is no longer a threat to self or others and the resident can be reasonably controlled by staff;

(ii) a resident shall be considered for removal from the restraint chair every ten minutes;

(iii) the maximum confinement time in the restraint chair is one hour unless authorized by the facility administrator or designee after examination of the resident's condition by one of the following licensed medical professionals:

(I) emergency medical services (EMS/fire rescue);

(II) paramedic;

(III) registered nurse (RN);

(IV) physician (MD);

(V) licensed vocational nurse (LVN);

(VI) physician assistant (PA); or

(VII) emergency medical technician (EMT);

(iv) five hours is the maximum total time a resident may be restrained in a restraint chair within a twenty-four hour period;

(F) each use of the restraint chair shall be authorized by the facility administrator or designee;

(G) when occupied, the restraint chair shall be placed in an area with minimum visibility by other residents in the facility; and

(H) there shall be provisions for the inspection and maintenance of the restraint chair.

(2) Prohibitions.

(A) restraint chairs that have been altered, modified or customized in any way from their originally manufactured state and intended use; and

(B) the restraint chair shall not be used to confine any resident for the sole reason as having been designated as being at high risk of suicidal behavior.

(3) Supervision of Resident in Restraint Chair.

(A) level of supervision.

(i) a resident placed in the restraint chair shall be under constant visual supervision until the resident is removed from the chair;

(ii) the officer responsible for providing the constant visual supervision of a resident in the restraint chair may have limited concurrent duties only if those duties do not impede the constant visual supervision requirement; and

(iii) a resident classified as high risk of suicidal behavior under §343.10(g) of this chapter who is placed in a restraint chair shall be supervised in accordance with §343.10(g)(2)(B) of this chapter;

(B) the officer responsible for providing the constant visual supervision of a resident in the restraint chair shall have physical possession of the key or other mechanism for unlocking or releasing the resident from the restraint chair;

(C) primary control room staff shall not be authorized to provide the constant visual supervision of a resident placed in the restraint chair; and

(D) audio and/or video monitoring cannot substitute for the constant visual supervision;

(4) Required Training. Any juvenile probation or juvenile detention officer authorized to place a resident into a restraint chair shall be trained annually in the proper use of the restraint chair. Training topics shall include but not be limited to:

(A) circumstances that are appropriate for use of the restraint chair;

(B) proper use of the restraint chair, including how to get a resident in and out of the device safely;

(D) monitoring the vital signs and critical circulation points of a resident placed in the restraint chair;

(E) emergency procedures for the removal of a resident from the restraint chair; and

(F) documentation required for use of the restraint chair.

(5) Documentation of Chair Restraints. In addition to any documentation required under §343.63 of this chapter a ten-minute observation log shall be maintained that documents:

(A) justification for the resident's continued restraint in or removal from the restraint chair;

(B) the results of the circulation checks conducted under paragraph (1)(D) of this section; and

(6) Review of Use of Restraint Chair.

(A) The facility administrator and the juvenile board shall review the use of the restraint chair annually.

(B) The review shall consider and evaluate:

(i) the frequency of use;

(ii) the outcomes of the chair's use; and

(iii) any needed modifications to policy and procedure concerning the chair.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301953

For further information, please call: (512) 424-6710

Chapter 347. TITLE IV-E FEDERAL FOSTER CARE PROGRAMS

37 TAC §§347.1, 347.3, 347.5, 347.7, 347.9, 347.11, 347.13, 347.15, 347.17, 347.19, 347.21

The Texas Juvenile Probation Commission adopts new Chapter 347, §§347.1, 347.3, 347.5, 347.7, 347.9, 347.11, 347.13, 347.15, 347.17, 347.19, and 347.21, relating to standards for Title IV-E Federal Foster Care Programs. This chapter is adopted without changes to the text as published in the February 7, 2003, issue of the Texas Register (28 TexReg 1114) and will not be republished.

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

No public comment was received regarding adoption of the new sections.

These standards are adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by these new standards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301954

For further information, please call: (512) 424-6710

Chapter 348. JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAMS

The Texas Juvenile Probation Commission adopts new Chapter 348, §§348.1-348.19 and §§348.30-348.33, relating to standards for juvenile justice alternative education programs. This chapter is adopted without changes as published in the February 7, 2003, issue of the Texas Register (28 TexReg 1114) and will not be republished.

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

No public comment was received.

Subchapter A. PROGRAM OPERATIONS

37 TAC §§348.1 - 348.19

These standards are adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by these new standards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301955

For further information, please call: (512) 424-6710

Subchapter B. ACCOUNTABILITY

37 TAC §§348.30 - 348.33

These standards are adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by these new standards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301956

For further information, please call: (512) 424-6710

Chapter 349. GENERAL ADMINISTRATIVE STANDARDS

The Texas Juvenile Probation Commission adopts new Chapter 349, §§349.1, 349.2, 349.7-349.15, 349.21-349.32, 349.37, 349.42-349.52, 349.57-349.64, and 349.69-349.72, relating to general administrative standards. Section 349.7 and §349.10 are adopted with changes to the text as proposed in the February 7, 2003, issue of the Texas Register (28 TexReg 1073). Sections §§349.1, 349.2, 349.8, 349.9, 349.11-349.15, 349.21-349.32, 349.37, 349.42-349.52, 349.57-349.64, and 349.69-349.72 are adopted without changes and will not be republished.

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

No public comment was received regarding adoption of the new sections.

Subchapter A. DEFINITIONS

37 TAC §349.1

The standard is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the new standard.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301957

For further information, please call: (512) 424-6710

Subchapter B. WAIVER

37 TAC §349.2

The standard is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the new standard.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301958

For further information, please call: (512) 424-6710

Subchapter C. CERTIFICATION AND RECERTIFICATION

37 TAC §§349.7 - 349.15

These standards are adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by these new standards.

§349.7.Certification Eligibility.

(a) Basic Eligibility Requirements.

(1) In addition to the requirements in subsections (b) or (c) of this section an applicant is eligible for certification from the Commission if the applicant:

(A) is twenty-one years of age or older;

(B) does not have any of the following disqualifying criminal history:

(i) a felony conviction against the laws of this state, another state, or the United States within the past 10 years;

(ii) a deferred adjudication for a felony against the laws of this state, another state, or the United States within the past 10 years;

(iii) current felony probation or parole;

(iv) a jailable misdemeanor conviction against the laws of this state, another state or the United States within the past 5 years;

(v) a deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past 5 years;

(vi) current misdemeanor probation or parole; or

(vii) registration as a sex offender under Chapter 62, Texas Code of Criminal Procedure.

(D) has never had any type of certification revoked from the Commission under §349.27(D)(3) of this chapter.

(2) A request for waiver may not be requested for any disqualifying criminal history under paragraph 1(B) of this subsection unless the person received a pardon based upon proof of innocence or the reversal of a finding of guilt by either the trial or an appellate court.

(b) Probation Officer.

(1) In addition to meeting the requirements under subsection (a) of this section, an applicant is eligible for certification as a probation officer if the applicant:

(A) meets the employment eligibility requirements under §341.20 of this title or has received an exemption under §341.21 of this title; and

(B) completes 40 hours of certification training in accordance with §349.15(c)(1) of this chapter within 18 months prior to the Commission's receipt of the certification application.

(2) An individual with a degree from a foreign college or university may apply one time for provisional certification as a probation officer under §349.9 of this chapter.

(1) In addition to meeting the requirements under subsection (a) of this section, an applicant is eligible for certification as a detention officer if the applicant:

(A) meets the employment eligibility requirements under §343.15 of this title;

(B) has completed 40 hours of certification training in accordance with §349.15(c)(2) of this chapter within 18 months prior to the Commission's receipt of the certification application;

(i) a high school diploma;

(ii) a general equivalency diploma from a high school or issuing authority within the United States of America;

(iii) a United States Military record that indicates the education level received is equivalent to a United States high school diploma or general equivalency diploma;

(iv) a foreign high school or home schooling diploma that meets the validation requirements under §349.9(b)(2) of this chapter; or

(v) unconditional acceptance into an accredited college or university accredited by an accrediting organization recognized by the Higher Education Coordinating Board.

(D) has current certification in:

(i) Cardiopulmonary Resuscitation (CPR);

(ii) First Aid; and

(iii) an approved physical restraint technique as defined by §343.60(1) of this chapter;

(2) An applicant with a high school diploma issued in a foreign country or who completed high school under home schooling may apply one time for provisional certification under §349.9 of this chapter.

§349.10.Recertification Eligibility.

(a) Basic Eligibility Requirements.

(1) In addition to the requirements in subsections (b) or (c) of this section, an applicant is eligible for recertification from the Commission if the applicant:

(A) does not have any of the following disqualifying criminal history:

(i) a felony conviction against the laws of this state, another state, or the United States within the past 10 years;

(ii) a deferred adjudication for a felony against the laws of this state, another state, or the United States within the past 10 years;

(iii) current felony probation or parole;

(iv) a jailable misdemeanor conviction against the laws of this state, another state or the United States within the past 5 years;

(v) a deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past 5 years;

(vi) current misdemeanor probation or parole; or

(vii) registration as a sex offender under Chapter 62, Texas Code of Criminal Procedure.

(B) is not currently under an order of suspension issued under §349.27(d)(2) or §349.31 of this chapter; and

(2) A request for waiver may not be requested for any disqualifying criminal history under subsection (a)(1)(A) of this section unless the person received a pardon based upon proof of innocence or the reversal of a finding of guilt by either the trial or an appellate court;

(b) Probation Officer. In addition to meeting the requirements under subsection (a) of this section, an applicant is eligible for recertification as a probation officer if the applicant:

(1) has completed 80 hours of recertification training in accordance with §349.15(d) of this chapter within the two years following the date of the certification's or recertification's approval; and

(2) if the person applying for recertification is the chief administrative officer, 20 hours of the required recertification training shall be in management and supervisory skills.

(c) Detention Officer. In addition to meeting the requirements under subsection (a) of this section, an applicant is eligible for recertification as a detention officer if the applicant:

(1) has completed 80 hours of recertification training in accordance with §349.15(d) of this chapter within the two years following the date of the certification's or recertification's approval; and

(2) if the person applying for recertification is the facility administrator, 20 hours of the required recertification training shall be in management and supervisory skills.

(3) has current certifications in:

(A) Cardiopulmonary Resuscitation (CPR);

(B) First Aid; and

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301959

For further information, please call: (512) 424-6710

Subchapter D. DISCIPLINARY HEARINGS

37 TAC §§349.21 - 349.32

These standards are adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by these new standards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301960

For further information, please call: (512) 424-6710

Subchapter E. COMPLAINTS AGAINST JUVENILE BOARDS

37 TAC §349.37

The standard is adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by the new standard.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301961

For further information, please call: (512) 424-6710

Subchapter F. ABUSE, EXPLOITATION AND NEGLECT INVESTIGATIONS

37 TAC §§349.42 - 349.52

These standards are adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by these new standards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301962

For further information, please call: (512) 424-6710

Subchapter G. CONFIDENTIALITY AND RELEASE OF ABUSE, EXPLOITATION AND NEGLECT INVESTIGATION RECORDS

37 TAC §§349.57 - 349.64

These standards are adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by these new standards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301963

For further information, please call: (512) 424-6710

Subchapter H. MEMORANDA OF UNDERSTANDING

37 TAC §§349.69 - 349.72

These standards are adopted under §141.042 of the Texas Human Resource Code, which provides the Texas Juvenile Probation Commission with rulemaking authority.

No other code or article is affected by these new standards.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301964