Part 6.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Chapter 163.
COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS
37 TAC §§163.21, 163.35, 163.39, 163.40
The Texas Board of Criminal Justice, on behalf of the Texas
Department of Criminal Justice-Community Justice Assistance Division (CJAD),
proposes to amend §§163.21, 163.35, 163.39, and 163.40 of the Standards
for Community Supervision and Corrections Departments (CSCDs).
The proposed amendment to §163.21, Administration, provides clarifications
for administrative manuals for CSCDs, expands the requirements for citizen
involvement and volunteer services, and adds new language requiring CSCDs
to provide services for victims. Additionally, standards have been developed
to address the CSCDs' responsibility in developing policies and procedures
that address the safety and needs of victims; collaboration with victims,
victim advocates, and sexual assault task forces; transfer procedures, and
the operation of specialized caseloads.
The proposed amendment to §163.35, Supervision, expands and clarifies
the language regarding the intrastate transfer process CSCDs must follow when
transferring probationers to other jurisdictions within Texas.
The proposed amendment to §163.39, Residential Services, contains
non-substantive changes for clarification purposes.
The proposed amendment to §163.40, Substance Abuse Treatment Standards
provides clarifying language, adds requirements for cognitive-behavioral programs,
and deletes references to physical plant requirements.
Brad Livingston, Chief Financial Officer for TDCJ, has determined that
for the first five years the rule will be in effect, enforcing or administering
the rule does not have foreseeable implications related to costs or revenues
for state or local government. Mr. Livingston has also determined that there
will be no economic impact on persons required to comply with the rules, and
that the public benefit expected as a result of the proposed rule is quality
programs that enhance treatment and services in the offender population.
Comments should be directed to Carl Reynolds, General Counsel, Texas Department
of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Carl.Reynolds@tdcj.state.tx.us.
Written comments from the general public should be received within 30 days
of the publication of this proposal.
The amendments are proposed under Texas Government Code, §§509.003
and 509.006.
Cross Reference to Statutes: Texas Government Code §§509.003
and 509.006.
§163.21.Administration.
(a)
CSCD Director. The district judge or judges shall appoint
a CSCD director, who shall meet, at a minimum, the same eligibility criteria
as a community supervision officer (CSO) as cited in the Texas Government
Code §76.005, and §163.33 of this title (relating to CSOs). It is
the responsibility of the CSCD director to apply state, local, and other available
resources to employ a sufficient number of officers and other employees to
perform the professional and clerical work of the department as required by
law, TDCJ-CJAD standards, and local community corrections needs as identified
in the local community justice plan. The TDCJ-CJAD director is to be notified
by the administrative judge of the appointment of a CSCD director.
(b)
Administrative Manual. CSCD directors shall be responsible
for the development of an administrative manual defining general purposes
and functional objectives, incorporating all written policies and procedures,
assuring that they are made available to all staff members.
The operational
section should give a detailed description of the procedures followed in performing
the routine tasks of the department. The policies and procedures shall be
reviewed by the CSCD director periodically and revised as necessary. The CSCD
director shall provide the TDCJ-CJAD director with a copy of the CSCD's administrative
manual for review when requested.
These policies and procedures shall
include, at a minimum
:
[
(1)
Human Resources.
(A)
recruitment procedures;
(B)
promotional requirement and procedures;
(C)
EEOC/affirmative action provisions;
(D)
provisions of American with Disabilities Act;
(E)
provisions of Fair Labor Standards Act;
(F)
provisions of Family Medical Leave Act;
(G)
sexual harassment policy;
(H)
confidentiality of information;
(I)
organizational plan/chart;
(J)
salary scales;
(K)
benefits;
(L)
holidays and work schedules;
(M)
explanation of amount and limitations of leaves;
(N)
personnel records;
(O)
employee performance appraisals;
(P)
disciplinary procedures;
(Q)
grievance procedures;
(R)
probationary employment periods;
(S)
contract/temporary employees;
(T)
dress code;
(U)
pre-employment criminal record checks;
(V)
staff safety;
(W)
political participation;
(X)
travel/mileage reimbursement policy; and
(Y)
Immigration Reform and Control Act.
(2)
Medical.
(A)
medical and psychological records management;
(B)
contagious disease policy including HIV-AIDS; and
(C)
tuberculosis and other communicable diseases.
(3)
Supervision.
(A)
Supervision Description;
(B)
assessment and remediation of literacy skills for offenders;
(C)
arrest and firearms policy and procedures; and
(D)
pre-sentencing investigation and reporting policy and procedures.
(4)
Standards.
(A)
Code of ethics;
(B)
training and staff development;
(C)
job descriptions, qualifications, and responsibilities;
(D)
insurance and honesty bonds;
(E)
intrastate and interstate compact policies and procedures;
(F)
case classification and case management;
(G)
supervision of offenders/continuum of sanctions (policy
and procedure);
(H)
internal case management audit procedures; and
(I)
violation of probation order procedures.
(c) - (i)
(No change.)
(j)
Citizen Involvement and Volunteers. If volunteers are used,
the CSCD director shall ensure
that suitable orientation and supervision
is provided in the functions they will be expected to perform. CSCDS are encouraged
to establish and maintain opportunities for effective volunteer participation
in CSCD operations. If volunteers are used, the CSCD director shall:
[
(1)
ensure that written policy, procedure,
and practice exists for guiding the selection and utilization of citizen involvement;
and
(2)
Require volunteers to acknowledge and
comply with all departmental rules governing the confidentiality of information.
(k)
Victim Services. The criminal justice
system recognizes the many stakeholders affected by crime and wishes to acknowledge
crime victims' interests and right to be informed, heard and protected by
the system. With that goal in mind, standards are incorporated to facilitate
the participation of crime victims within community supervision.
(1)
Training. CSCD Victim Services Coordinators shall obtain
not less than 8 documented hours of professional skill based training within
the first biennium of appointment to the position of victim service coordinator.
Training shall be specific to community supervision and should include:
(A)
Victims Rights;
(B)
Victim Sensitivity;
(C)
Confidentiality Issues; and
(D)
Crime Victims Compensation.
(2)
Policy and Procedures. Each CSCD shall adopt written policies
and procedures regarding:
(A)
Victim notification of offenders placed on community supervision;
and
(B)
Offender information that may be released to victims.
(3)
Notification to victims would include the information specified
in Texas Government Code Annotated, Section §76.016:
(A)
The offender being placed on community supervision;
(B)
The conditions of community supervision; and
(C)
The date, time, and location of any hearing or proceeding
that would modify the conditions of supervision or the offenders' placement
on community supervision.
(4)
Information that is public record may be released to the
victim. This would include:
(A)
Court ordered community supervision identifying the department
with jurisdiction;
(B)
A written copy of the conditions of supervision;
(C)
The name of the supervising officer;
(D)
Victim service coordinator contact information;
(E)
Motion to revoke supervision being filed and the results
of the motion;
(F)
Information regarding the transfer of offender to another
jurisdiction and contact information; and
(G)
Information that the offender has been placed in residential
confinement and release from confinement.
(5)
Other information that may be released would include information
that the victim would have knowledge of:
(A)
Restitution not being paid; and
(B)
Additional sanctions for non-compliance of the defendant.
§163.35.Supervision.
(a)
Definitions. The following words and terms, when used in
this section, shall be defined as follows and apply to both felonies and misdemeanors,
unless the context clearly indicates otherwise.
(1) - (5)
(No change.)
(b)
System of Offender Supervision. CSCD directors shall develop
a system of offender supervision that is based upon, but not limited to:
(1) - (6)
(No change.)
(c)
Supervision Process. CSOs shall provide direct supervision
for cases to include, but not be limited to, the following tasks.
(1) - (9)
(No change.)
(10)
Intrastate Transfers. The standards strive to ensure
public safety by recognizing the need of the sending and receiving jurisdictions
to continue control and supervision over these offenders.
[
(A)
Except in cases of non-CSCD residential
facility placements, supervision shall be transferred if an offender meeting
the definition of direct supervision will be in another jurisdiction for more
than 30 days, except when the designated representatives of the two CSCDs
agree there is good cause for the original jurisdiction to maintain supervision.
Only the court retaining jurisdiction over a defendant has the authority to
modify or alter a condition of community supervision. CSCD directors shall
ensure that community supervision officers providing direct supervision to
offenders transferred from other Texas jurisdictions shall fully enforce the
order of the court that placed an individual on community supervision. It
is the responsibility of the offender to comply with the conditions of community
supervision as imposed by the court. CSCD directors shall ensure that community
supervision officers provide the same level of supervision to courtesy cases
as they do for the offenders in their jurisdiction. The documents necessary
for transfer shall include, only the transfer form, the court order placing
the person on community supervision citing all conditions of community supervision,
the offense report, criminal history, TRN and SID number (within 90 days of
transfer to receiving jurisdiction), the pre/post-sentence investigation report
where legally mandated, and any assessments that have been completed. CSCD
directors who decline to provide courtesy supervision to offenders from other
jurisdictions shall immediately notify, in writing, the original jurisdiction
of the reasons for declining or closing supervision.
(B)
Dual Supervision: The court retaining
jurisdiction over a defendant may also order the defendant to report to the
original jurisdiction as well as the jurisdiction where defendant resides
and/or works.
(11)
(No change.)
§163.39.Residential Services.
(a)
General Administration.
(1) - (4)
(No change.)
(5)
Maximum
Offender
[
(6) - (7)
(No change.)
(b)
Personnel.
(1) - (3)
(No change.)
(4)
Residential Officer Certification. See §163.33
Community Supervision Officers (f).
(5)
Residential Personnel Training. See §163.33
Community Supervision Officers (j); (1) Initial Training Requirements; (2)
Defensive Driving.
(c)
Building, Safety, Sanitation and Health Codes.
(1)
Compliance. The CSCD director and Facility director [
(2)
(No change.)
(3)
Sanitation. The facility [
(4)
Waste. The liquid and solid wastes related to the facility
[
(5)
(No change.)
(6)
Fires. The facility, its furnishings, fire protection equipment
and alarm shall comply with the regulations of the fire authority having jurisdiction.
Fire drills are to be conducted at least quarterly.
There shall be a
written evacuation plan to be used in the event of a fire. The plan is to
be certified by an independent qualified governmental agency or department
or individual trained in the application of national and state fire safety
codes. Such plan shall be reviewed annually, updated if necessary, and reissued
to the local fire jurisdiction. The facility shall have a qualified person
conduct a fire inspection at least quarterly or at other intervals approved
by the fire authority having jurisdiction. Fire safety equipment located at
the facility shall be tested as specified by the manufacturer or the fire
authority, whichever is more frequent. An annual inspection of the facility
shall be secured from the fire authority having jurisdiction or other qualified
person(s).
(7)
Emergency Plans. There shall be written emergency plans
for the facility and its operations, which include an evacuation plan, to
be used in the event of a major flood, storm, or other emergencies. This plan
is reviewed annually and updated, if necessary. Evacuation drills are to be
conducted at least
three times yearly
[
(A)
location of buildings/room floor plan;
(B)
use of exit signs and directional arrows that are easily
seen and red; and
(C)
location(s) of publicly posted plan.
(d)
Separate Inmate Housing. The CSCD director and Facility
director shall ensure that a facility that is part of or attached to a detention
facility or a correctional institution shall house facility offenders separately
from the inmates. At no time shall CCF or CCC residents/offenders be co-mingled
with inmates.
(e)
Program and Service Areas.
(1) - (2)
(No change.)
(3)
Other Physical Environment and Facilities Issues. There
shall be written policy and procedures to ensure the following with respect
to the CCF and CCC:
(A)
Space shall be provided for janitor closets which are equipped
with cleaning implements.
(B)
There shall be storage areas in the facility for clothing,
bedding, and cleaning supplies.
(C)
There shall be clean, usable bedding, linen, and towels
for new residents with provision for exchange or laundering on at least a
weekly basis.
(D)
On an emergency or indigent basis, the facility shall provide
personal hygiene articles.
(E)
There shall be adequate control of vermin and pests.
(F)
There shall be timely trash and garbage removal.
(G)
Sanitation and safety inspections of all internal and external
areas and equipment shall be performed and documented on a routine basis to
protect the health and safety of all
offenders,
[
(f)
Supervision.
(1)
Operations Manual. An operations manual shall be prepared
for and used by each CCF and CCC which shall contain information and specify
procedures and policies for offender census, contraband, supervision, physical
plant inspection and emergency procedures, including detailed implementation
instructions. Such operation manual shall be accessible to all employees and
volunteers. The operations manual shall include, at a minimum, the matters
set forth in the Guidelines for the Policies and Procedures of TDCJ-CJAD Funded
Residential Facilities [
(2)
Staffing Availability. The CSCD director and Facility director
shall ensure that the facility has the staff needed to provide coverage of
designated security posts, surveillance of offenders and to perform ancillary
functions. The facility shall have at least one staff member, on duty, who
is the same gender as the
offender
[
(3)
Activity Log. The CSCD director and Facility director shall
ensure that CCF and CCC staff maintain an activity log and prepare shift reports
that record, at a minimum, emergency situations, unusual situations, unusual
incidents and record all absences of offenders from a facility.
(4)
Use of Force. The CSCD director and Facility director shall
ensure that a CCF and CCC has written policies, procedures, and practices
that restrict the use of physical force to instances of self-protection, protection
of offenders or others or prevention of property damage. In no event is the
use of physical force against an offender justifiable as punishment. A written
report shall be prepared following all uses of
force,
[
(5)
Use of Firearms. The CSCD director and Facility director
shall ensure that the possession of firearms by staff is banned and use of
firearms is prohibited in or on facility property except in the execution
of official duties by certified peace officers or other duly licensed law
enforcement personnel.
(6)
Access to Facility. The facility shall be secured to prevent
unrestricted access thereto by the general public or others without proper
authorization.
(7)
Control of Contraband/Searches. There shall be policies
defining facility shakedowns, strip searches, and pat searches of
offenders
[
(8)
Levels of Security. The CSCD director and Facility director
must ensure that levels of security appropriate for the population served
by the facility are maintained at all times. These levels of security must
create, as a minimum, a monitored and structured environment in which a
offender's
[
(A)
the facility director or designee approves the exterior
movement;
(B)
a staff member orally advises the offender of the conditions
and limitations of the exterior movement;
(C)
the offender acknowledges in writing an understanding of
the conditions and limitations of the exterior movement;
(D)
exterior movements involving programmatic incentives may
only be granted if the following additional requirements are met:
(i)
the offender meets all established requirements for the
programmatic incentive, as determined by the supervisor of the program, and
submits a written request for the exterior movement;
(ii)
the requested absence will not exceed 72 hours unless
there are unusual circumstances;
(iii)
the offender provides an itinerary for the absence including
method of travel, departure and arrival times, and locations during the exterior
movement;
(iv)
the facility director or designee approves the itinerary
and establishes the conditions of the exterior movement involving programmatic
incentives; and
(v)
a staff member shall make random announced
or unannounced personal or telephone contacts with the offender to verify
the location of the offender during the exterior movement.
(9)
Emergency furloughs. The facility director or designee
may, in his or her discretion, grant an emergency furlough to an offender
for the purpose of allowing the offender to attend a funeral, visit a seriously
ill person, obtain medical treatment, or attend to other exceptional business.
Emergency furloughs may only be granted if the following conditions are met:
(A)
the offender submits a written request for the emergency
furlough;
(B)
the facility director
or designee
verifies through
an independent source including, but not limited to a physician, Red Cross
representative, minister, rabbi, priest, or other spiritual leader that the
presence of the offender is appropriate;
(C)
the offender provides proposed itinerary including method
of travel, departure and arrival times, and locations during the emergency
furlough;
(D)
the requested absence will not exceed 72 hours unless there
are unusual circumstances;
(E)
the court of original jurisdiction approves the travel
if the offender will depart the State of Texas;
(F)
the facility director
or designee
approves the
itinerary and establishes the conditions of the emergency furlough; and
(G)
the facility director or designee shall notify by sending
an electronic or fax copy of the approved itinerary to the director of the
CSCD of the court of the original/sending jurisdiction prior to the date that
the emergency furlough is approved to begin
.
[
[(H)
a staff member makes random announced
and/or unannounced personal or telephone contacts with the offender to verify
the location of the offender during the emergency furlough.]
(10)
Supervision Process. See §163.35
(c) Supervision Process; (3)Case Classification; (5) Case Supervision or Treatment
Plan; and (6) Reassessments.
(g)
Client Abuse, Neglect, and Exploitation. The facility must
protect the
offenders
[
(h)
Rules and Discipline. There shall be documentation of program
rule violations and the disciplinary process.
(1)
Rules of Conduct. All incoming offenders and staff shall
receive written rules of conduct which specify acts prohibited within the
facility and penalties that can be imposed for various degrees of violation.
(2)
Limitations of Corrective Actions. Specific limits on corrective
actions and summary punishment shall be established and strictly adhered to
in an effort to reduce the potential of staff participating in abusive behavior
towards participants. Limits shall include:
(A)
no physical contact by staff shall be made on a
offender
[
(B)
no profanity, sexual, or racial comments shall be directed
by staff at
offenders
[
(C)
offenders
[
(D)
the severity of the corrective action
shall be commensurate with the severity of the infraction; and
[(D)
the severity of the corrective action
imposed shall be commensurate with the participant's program status; ]
(E)
the duration of corrective action shall
be limited to the minimum time necessary to achieve effectiveness.
[(E)
the severity of the corrective action
shall be commensurate with the severity of the infraction; and,]
[(F)
the duration of corrective action shall
be limited to the minimum time necessary to achieve effectiveness.]
(3)
Grievance Procedure. A grievance procedure shall be available
to all offenders in CCFs. Such grievance procedure shall include at least
one level of appeal, and shall be evaluated at least annually to determine
its efficiency and effectiveness.
(i)
Incident Notification. Within 24 hours of occurrence, the
CSCD director and Facility director shall notify and report by telephone or
fax all serious or unusual events pertaining to the facilities operations,
staff, and to: the judge or one of the judges supervising the department and
the TDCJ Emergency Action Center (EAC) in Huntsville, Texas. Phone # (936)
437-1448; fax # (936) 437-1912, and if applicable, the CSCD director of the
original/sending jurisdiction if the incident involves an offender from that
sending jurisdiction. The EAC shall be responsible for notifying the TDCJ-CJAD
Director and appropriate CJAD management staff. Such serious and unusual events
for this purpose shall include, but are not limited to the following:
(1)
the death of an offender or staff member while at the facility;
(2)
any incident which results in life threatening or serious
bodily injury to [
(3)
major disturbance or riot at the facility or in its vicinity;
and
(4)
any incident involving serious misconduct
by facility staff, which may result in the filing of criminal charges or civil
action.
(j)
Offenders' Rights. Offenders shall be granted access to
courts, counsel, and confidential contact with attorneys and their authorized
representatives. Such contacts include, but are not limited to: telephone
communications, uncensored correspondence, and visits.
(k)
Offender Eligibility. A CSCD or other governmental entity
that operates a residential facility, contracts for the operation of a residential
facility, or contracts for beds/services, shall define a specific target population
of offenders to be served. Placement of offenders in a CCF shall only be by
an order of the court and shall meet minimum eligibility criteria as outlined
in this section.
(1)
CCFs shall accept only those offenders who are physically
and mentally capable of participating in any program offered at the facility
that requires strenuous physical activity, if participation in the program
is required of all
offenders in
[
(A)
unless otherwise prohibited by statute;
(B)
if the offender matches the profile of
offenders historically committed to county jail/prison from the jurisdiction;
or the offender has high risk/needs, who, if supervised at a lower supervision
level would have an increased likelihood of violating the conditions of community
supervision; and
(C)
the local jurisdiction may house offenders
convicted under Title 5, Texas Penal Code, and in accordance with statute,
in its CCF if Title 5 offenders are included in the facility's program proposal
within the community justice plan that is submitted by the jurisdiction's
Community Justice Council and approved by the local judiciary. In currently
operating facilities where the jurisdiction desires to add Title 5 offenders
to their target population, a public meeting must be held, in accordance with
the law and TDCJ-CJAD standards and policy, to advise the public of the types
of offenders/offenses who will potentially be placed in the facility. Public
support will be considered by TDCJ-CJAD for final approval of the change in
offender population to be targeted. If a jurisdiction has documentation that
this requirement was previously met, it can provide that documentation to
TDCJ-CJAD for review and possible exemption from having an additional public
meeting; and
(D)
If a facility is approved to house Title
5 offenders, the CSCD director and the facility director shall comply with
all applicable provisions contained in the Texas Government Code, Sec. §76.016
Victim Notification, the Texas Code of Criminal Procedure (TCCP) Chapter 56,
Rights of Crime Victims, and TCCP Art. 42.21. Notice of Release of Family
Violence Offenders.
(2)
Offenders are eligible for placement into
a Restitution Center:
(A)
unless otherwise prohibited by statute;
(B)
the offender must be employable; and
(C)
prior to or within ten days after admission to the facility,
the offender shall undergo a screening process to determine the offender's
appropriateness for placement. The process shall be documented and maintained
in the supervision case file.
[(2)
Offenders are eligible for placement
into a CCF: ]
[(A)
unless otherwise prohibited by statute;]
[(B)
if the offender matches the profile of offenders historically
committed to county jail/prison from the jurisdiction; or the offender has
high risk/needs, who, if supervised at a lower supervision level would have
an increased likelihood of violating the conditions of community supervision;
and]
[(C)
the local jurisdiction may house offenders convicted under
Title 5, Texas Penal Code, and in accordance with statute, in its CCF if Title
5 offenders are included in the facility's program proposal within the community
justice plan that is submitted by the jurisdiction's Community Justice Council
and approved by the local judiciary. In currently operating facilities where
the jurisdiction desires to add Title 5 offenders to their target population,
a public meeting must be held, in accordance with the law and TDCJ-CJAD standards
and policy, to advise the public of the types of offenders/offenses who will
potentially be placed in the facility. Public support will be considered by
TDCJ-CJAD for final approval of the change in offender population to be targeted.
If a jurisdiction has documentation that this requirement was previously met,
it can provide that documentation to TDCJ-CJAD for review and possible exemption
from having an additional public meeting; and]
[(D)
If a facility is approved to house Title 5 offenders,
the CSCD director and the facility director shall comply with all applicable
provisions contained in the Texas Government Code, Sec. §76.016 Victim
Notification, the Texas Code of Criminal Procedure (TCCP) Chapter 56, Rights
of Crime Victims, and TCCP Art. 42.21. Notice of Release of Family Violence
Offenders.]
(3)
Offenders are eligible for placement into
County Correctional Centers (CCC):
(A)
if convicted of a misdemeanor and sentenced to a term of
confinement in the county jail;
(B)
in lieu of jail time as a condition of misdemeanor or felony
community supervision;
(C)
in lieu of jail time as a punishment for violation of conditions
of community supervision; or,
(D)
if required as a condition of community supervision to
participate in a work program or counseling program through a CCC.
[(3)
Offenders are eligible for placement
into a Restitution Center:]
[(A)
unless otherwise prohibited by statute; ]
[(B)
the offender must be employable; and]
[(C)
prior to or within ten days after admission to the facility,
the offender shall undergo a screening process to determine the offender's
appropriateness for placement. The process shall be documented and maintained
in the supervision case file.]
(4)
Offenders are eligible for placement into
a Boot Camp:
(A)
if prior to placement, or within ten days after admission,
the offender undergoes a physical examination to determine any medical problems
that may prevent the offender from satisfactorily participating in the program.
The physical examination report shall be maintained in the offender's medical
file; and
(B)
if prior to placement, or within ten days after admission,
the offender undergoes a psychological screening to determine any psychological
problems that may prevent the offender from satisfactorily participating in
the program. The psychological screening report shall be maintained in the
offender's medical file.
[(4)
Offenders are eligible for placement
into County Correctional Centers (CCC): ]
[(A)
if convicted of a misdemeanor and sentenced to a term
of confinement in the county jail; ]
[(B)
in lieu of jail time as a condition of misdemeanor or
felony community supervision; ]
[(C)
in lieu of jail time as a punishment for violation of
conditions of community supervision; or, ]
[(D)
if required as a condition of community supervision to
participate in a work program or counseling program through a CCC. ]
[(5)
Offenders are eligible for placement
into a Boot Camp: ]
[(A)
if prior to placement, or within ten days after admission,
the offender undergoes a physical examination to determine any medical problems
that may prevent the offender from satisfactorily participating in the program.
The physical examination report shall be maintained in the offender's medical
file; and ]
[(B)
if prior to placement, or within ten days after admission,
the offender undergoes a psychological screening to determine any psychological
problems that may prevent the offender from satisfactorily participating in
the program. The psychological screening report shall be maintained in the
offender's medical file. ]
(l)
Courtesy Supervision. CCFs or CCCs shall, on a space available
basis, accept eligible adult offenders needing the residential services on
courtesy supervision from other jurisdictions. CSCDs that manage CCFs or CCCs
are responsible for the direct supervision of all offenders in the CCF or
CCC while in the residential placement.
(m)
Denying Admission or Continued Placement. If an offender
is placed into a CCF or a
CCC
[
(n)
Food Service. The food preparation and dining area must
provide space for meal service based on the population size and need.
(1)
Dietary Allowances Meals shall be approved and reviewed
annually by a registered dietician
,
[
(2)
Special Diets
.
Each facility shall provide for
special diets as prescribed by appropriate medical or dental personnel.
(3)
Food Service Management. Food service operations shall
be supervised by a staff member who is experienced in institutional food preparation
or mass food management. All food services staff, including offenders assigned
to work in the facility kitchen, shall meet all requirements established by
the local health authorities.
(4)
Exclusion as Discipline. The use of food as a disciplinary
measure is prohibited.
(5)
Meal Requirements. CSCD directors or Facility director
shall ensure that at least three meals (including two hot meals) are provided
during each 24-hour period. Variations may be allowed based on weekend and
holiday food service demands, or in the event of emergency or security situations,
provided basic nutritional goals are met.
(o)
Health Care.
(1)
Access To Care.
(A)
Offenders shall have unimpeded access to health care and
to a system for processing complaints regarding health care.
(B)
The facility has a designated health authority with responsibility
for health care pursuant to a written agreement, contract, or job description.
The health authority may be a physician, health administrator, or health agency.
(C)
Each CCF shall have a policy defining the level, if any,
of financial responsibility to be incurred by the offender who receives the
medical or dental services.
(2)
Emergency Health Care.
(A)
Twenty-four hour emergency health care is provided for
offenders, which included arrangements for the following:
(i)
On site emergency first aid and crisis intervention;
(ii)
Emergency evacuation of the offender from the facility;
(iii)
Use of an emergency vehicle;
(iv)
Use of one or more designated hospital emergency rooms
or other appropriate health facilities;
(v)
Emergency on-call physician, dentist, and mental health
professional services when the emergency health facility is not located in
a nearby community; and
(vi)
Security procedures providing for the immediate transfer
of offenders, when appropriate.
(B)
A training program for Direct Care personnel is established
by a recognized health authority in cooperation with the Facility director
that includes the following:
(i)
Signs, symptoms, and action required in potential emergency
situations;
(ii)
Administration of first aid and cardiopulmonary resuscitation
(CPR);
(iii)
Methods of obtaining assistance;
(iv)
Signs and symptoms of mental illness, retardation, and
chemical dependency; and
(v)
Procedures for patient transfers to appropriate medical
facilities or health-care providers.
(C)
First aid kits are available in designated areas of the
facility. Contents and locations are approved by the health authority.
(3)
Health Screening and Medical Examinations. Medical, dental
and mental health screening exam is performed by health-trained or qualified
health-care personnel on all offenders prior to placement or within 10 days
of placement. The screening includes the following:
(A)
Inquiry into:
(i)
Current illness and health problems, including venereal
diseases and other infectious diseases;
(ii)
Dental problems;
(iii)
Mental health problems, including suicide attempts or
ideation;
(iv)
Use of alcohol and other drugs, which includes types of
drugs used, mode of use, amounts used, frequency of use, date or time of last
use, and a history of problems that may have occurred after ceasing use (for
example, convulsions); and
(v)
Other health problems designated by the responsible physician.
(vi)
tuberculosis screening of offenders shall
be completed within seven (7) calendar days of admission into the residential
facility and repeated annually thereafter.
(B)
Observation of:
(i)
Behavior, which includes state of consciousness, mental
status, appearance, conduct, tremor and sweating;
(ii)
Body deformities, ease of movement, and so forth; and
(iii)
Conditions of skin, including trauma markings, bruises,
lesions, jaundice, rashes and infestations, and needle marks or other indications
of drug abuse.
(C)
Medical examinations are conducted for any employee or
offender suspected of having a communicable disease.
(4)
Serious and Infectious Diseases.
(A)
The facility provides for the management of serious and
infectious diseases.
(B)
CCF's and CCC's shall have policies and procedures to direct
actions to be taken by employees concerning offenders who have been diagnosed
with HIV, including, at a minimum, the following:
(i)
When and where offenders are to be tested;
(ii)
Appropriate safeguards for staff and offenders;
(iii)
Staff and offender training;
(iv)
Issues of confidentiality; and
(v)
Counseling and support services.
(5)
Dental Care. Access to dental care is made available to
each offender.
(6)
Medications.
(A)
Policy and procedure direct the possession and use of controlled
substances, prescribed medications, supplies, and over-the-counter drugs.
Prescribed medications are administered according to the directions of the
prescribing physician.
(B)
If medications are distributed by facility staff, records
are maintained and audited monthly, and include the date, time, and name of
the
offender
[
(7)
Female Offenders. If female offenders are housed, access
to pregnancy management services is made available.
(8)
Mental Health. Access to mental health services is made
available to offenders.
(9)
Suicide Prevention. There is a written suicide prevention
and intervention program that is reviewed and approved by a qualified medical
or mental health professional. All staff with offender supervision responsibilities
are trained in the implementation of the suicide prevention program.
(10)
Personnel.
(A)
If treatment is provided to offenders by health-care personnel
other than a physician, dentist, psychologist, optometrist, podiatrist, or
other independent provider, such treatment is performed pursuant to written
standing or direct orders by personnel authorized by law to give such orders.
(B)
If the facility provides medical treatment, personnel who
provide health-care services to offenders are qualified and appropriately
licensed. Verification of current credentials and job descriptions are on
file in the facility. Appropriate state and federal licensure, certification,
or registration requirements, and restrictions apply.
(11)
Informed Consent. If the facility provides medical treatment,
offenders make medical decisions with informed consent. All informed consent
standards in the jurisdiction are observed and documented for offender care.
(12)
Participation in Research. Offenders do not participate
in medical, pharmaceutical, or cosmetic experiments. This does not preclude
individual treatment of an offender based on his or her need for a specific
medical procedure that is not generally available.
(13)
Notification. Individuals designated by the offender are
notified in case of serious illness or injury.
(14)
Health Records.
(A)
If medical treatment is provided by the facility, accurate
health records for offenders are maintained separately and confidentially.
(B)
If medical treatment is provided by the facility, the method
of recording entries in the records, the form and format of the records, and
the procedures for their maintenance and safekeeping are approved by the health
authority.
(C)
If medical treatment is provided by the facility, for the
offenders being transferred to other facilities, summaries or copies of the
medical history record are forwarded to the receiving facility prior to or
at arrival.
(p)
Discharge.
(1)
Victim Notifications. The CSCD director and Facility director
shall ensure there are procedures, policies, and practices that comply with
Texas Government Code §76.016,
Texas Code of Criminal Procedure
Art. 42.21 (a),
and other applicable laws as to the notifications to
be made to certain crime victims of offenders who are residents in its facilities
or subject to its programs.
(2)
Discharge. Discharge from residential facilities shall
be based on the following criteria:
(A)
the offender has made sufficient progress towards meeting
the objectives of the supervision plan and program requirements;
(B)
the offender has satisfied a sentence of confinement;
(C)
the offender has satisfied a period of placement as a condition
of community supervision;
(D)
the offender has demonstrated non-compliance with program
criteria or court order;
(E)
the offender manifests a non-emergency medical problem
that prohibits participation and/or completion of the residential program
requirements;
(F)
the offender displays symptoms of a psychological disorder
that prohibits participation and/or completion of the residential program
requirements; or
(G)
the offender is identified as inappropriate or ineligible
for participation in the residential program as defined by facility eligibility
criteria, statute, or standard.
(3)
Discharge Report. The CSCD director and Facility director
shall ensure that a report is prepared at the termination of program participation
that reviews the offender's performance. A copy of the report shall be provided
to the receiving CSCD supervision officer.
(q)
Basic Services and Programs. Each facility shall, at a
minimum, provide programs in the following areas which will include, but not
be limited to:
(1)
education programs;
(2)
rehabilitation programs based on the mission of the facility;
(3)
community service restitution/work detail;
(4)
recreational programs; and
(5)
cognitive based programs.
[(5)
basic life skills programs.]
(r)
Mail, Telephone, and Visitation. The CSCD director and
Facility director shall have written policies which govern the facility's
mail, telephone, and visitation privileges for offenders, including mail inspection,
public phone use, and routine and special visits. The policies shall address
compelling circumstances in which an offender's mail both incoming and outgoing
may be opened, but not read, to inspect for contraband.
(s)
Religious Programs.
(1)
The CSCD director and Facility director shall have written
policies that govern religious programs for offenders. The policies shall
provide that offenders have the opportunity to voluntarily practice the requirements
of their religious faith, have access to worship/religious services, and the
use or contact with community religious resources, when appropriate.
(2)
Under Texas Civil Practice & Remedies Code, chapter
110, a CSCD or CCF may not substantially burden an offender's free exercise
of religion except with the least restrictive measures in furtherance of a
compelling interest. Pursuant to Texas Government Code §76.018, there
is a presumption that a policy or practice that applies to an offender in
the custody of a CCF is in furtherance of a compelling governmental interest
and is the least restrictive means of furthering that interest. The presumption
may be rebutted with evidence provided by the offender.
§163.40.Substance Abuse Treatment.
(a)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Admission - The administrative process and procedure performed
to accept an offender into a treatment program or facility.
(2)
Assessment -- a process using a structured
or semi-structured interview to determine the nature and extent of a client's
chemical dependency.
(3)
Chemical Dependency Counselor -- A qualified,
credentialed counselor or counselor intern working under direct supervision.
(4)
Continuum of Care -- A system which provides
for the uninterrupted provision of essential services to offenders entering,
exiting, and within the system.
(5)
Counseling -- Face-to-face interactions
between offenders and counselors to help offenders identify, understand, and
resolve their personal issues and problems related to their substance abuse
or chemical dependency. Counseling may take place in groups or in individual
meetings.
(6)
Counselor Intern -- A person pursuing
a course of training in chemical dependency counseling at a regionally accredited
institution of higher education or a registered clinical training institution
who has been designated as a counselor. The activities of a counselor intern
shall be performed under the direct supervision of a qualified, credentialed
counselor in accordance with rules adopted by the Texas Commission on Alcohol
and Drug Abuse.
(7)
Detoxification -- Chemical dependency
treatment designed to systematically reduce the amount of alcohol and other
toxic chemicals in an offender's body, manage withdrawal symptoms, and encourage
the offender to continue ongoing treatment for chemical dependency.
(8)
Direct Care Staff -- The staff responsible
for providing treatment, care, supervision, or other offender services that
involve a significant amount of direct contact. (Clerical support staff are
not considered direct care staff.)
(9)
Discharge -- The time when an offender
leaves a program or facility and will no longer be receiving chemical dependency
treatment from that program or facility.
(10)
Discharge Summary -- A recapitulation
of the offender's progress and participation while in either primary, residential,
or outpatient treatment.
(11)
Education -- Educational instruction;
a planned, structured presentation of information which is related to substance
abuse or chemical dependency.
(12)
Emergency -- A situation requiring immediate
attention and action to treat or prevent physical, emotional, or mental threat,
harm, injury, or illness.
(13)
Facility -- The physical location of
the treatment program operated by, for, or with funding from the TDCJ-CJAD.
Some locations may be locked facilities for in-patient treatment; other programs
may be offered at locations as outpatient treatment.
(14)
Grievance -- A formal complaint limited
to matters affecting the complaining offender personally and limited to matters
for which the facility/program has the authority to remedy through the grievance
process.
(15)
Primary Counselor -- An individual working
directly with and being responsible for the treatment of the offender.
(16)
Qualified, Credentialed Counselor (QCC)
-- A licensed chemical dependency counselor (LCDC) or one of the following
professionals:
(A)
licensed professional counselor (LPC);
(B)
licensed master social worker (LMSW);
(C)
licensed marriage and family therapist (LMFT);
(D)
licensed psychologist;
(E)
licensed physician (MD or DO);
(F)
certified addictions registered nurse (CARN);
(G)
licensed psychological associate; and
(H)
advance practice nurse recognized by the Board of Nurse
Examiners as a clinical nurse specialist or nurse practitioner with specialty
in psyche-mental health (APN-P/MH).
(17)
Screening Instrument -- a written device
administered to an offender to determine the possible existence of chemical
dependency.
(18)
Senior Counselor/Unit Manager/Unit Supervisor
-- A supervisory staff member who directs, monitors, and oversees the work
performance of subordinate staff members.
(19)
Special Needs Populations -- Offenders
who have significant problems in the areas of mental health, diminished intellectual
capacity, or medical needs.
(20)
Treatment -- A planned, structured, and
organized program designed to initiate and promote a person's chemical-free
status or to maintain the person free of illegal drugs. It includes, but is
not limited to, the application of planned procedures to identify and change
patterns of behavior related to or resulting from chemical dependency that
are maladaptive, destructive, or injurious to health, or to restore appropriate
levels of physical, psychological, or social functioning lost due to chemical
dependency.
(21)
Use of Force -- Graduated levels of use
of physical strength or weapons necessary to gain physical compliance and
control of an offender whose actions otherwise pose a danger to self or others.
[(2)
Chemical Dependency Counselor--A qualified,
credentialed counselor or counselor intern working under direct supervision.
]
[(3)
Continuum of Care--A system which provides
for the uninterrupted provision of essential services to offenders entering,
exiting, and within the system. ]
[(4)
Counseling--Face-to-face interactions
between offenders and counselors to help offenders identify, understand, and
resolve their personal issues and problems related to their substance abuse
or chemical dependency. Counseling may take place in groups or in individual
meetings. ]
[(5)
Counselor Intern--A person pursuing a
course of training in chemical dependency counseling at a regionally accredited
institution of higher education or a registered clinical training institution
who has been designated as a counselor by the institution. The activities
of a counselor intern shall be performed under the direct supervision of a
qualified, credentialed counselor in accordance with rules adopted by the
Texas Commission on Alcohol and Drug Abuse. ]
[(6)
Detoxification--Chemical dependency treatment
designed to systematically reduce the amount of alcohol and other toxic chemicals
in an offender's body, manage withdrawal symptoms, and encourage the offender
to continue ongoing treatment for chemical dependency. ]
[(7)
Direct Care Staff--The staff responsible
for providing treatment, care, supervision, or other offender services that
involve a significant amount of direct contact. (Clerical support staff are
not considered direct care staff.) ]
[(8)
Discharge--The time when an offender
leaves a program or facility and will no longer be receiving chemical dependency
treatment from that program or facility. ]
[(9)
Discharge Summary--A recapitulation of
the offender's progress and participation while in either primary, residential,
or outpatient treatment. ]
[(10)
Education--Educational instruction;
a planned, structured presentation of information which is related to substance
abuse or chemical dependency. ]
[(11)
Emergency--A situation requiring immediate
attention and action to treat or prevent physical, emotional, or mental threat,
harm, injury, or illness. ]
[(12)
Facility--The physical location of the
treatment program operated by, for, or with funding from the TDCJ-CJAD. Some
locations may be locked facilities for in-patient treatment; other programs
may be offered at locations as outpatient treatment. ]
[(13)
Grievance--A formal complaint limited
to matters affecting the complaining offender personally and limited to matters
for which the facility/program has the authority to remedy through the grievance
process. ]
[(14)
Primary Counselor--An individual working
directly with and being responsible for the treatment of the offender. ]
[(15)
Qualified, Credentialed Counselor (QCC)--A
licensed chemical dependency counselor (LCDC) or one of the following professionals:
]
[(A)
licensed professional counselor (LPC); ]
[(B)
licensed master social worker (LMSW); ]
[(C)
licensed marriage and family therapist (LMFT); ]
[(D)
licensed psychologist; ]
[(E)
licensed physician (MD or DO);]
[(F)
certified addictions registered nurse (CARN); ]
[(G)
licensed psychological associate; and ]
[(H)
advance practice nurse recognized by the Board of Nurse
Examiners as a clinical nurse specialist or nurse practitioner with specialty
in psyche-mental health (APN-P/MH).
[(16)
Senior Counselor/Unit Manager/Unit Supervisor--A
supervisory staff member who directs, monitors, and oversees the work performance
of subordinate staff members. ]
[(17)
Special Needs Populations--Offenders
who have significant problems in the areas of mental health, diminished intellectual
capacity, or medical needs. ]
[(18)
Treatment--A planned, structured, and
organized program designed to initiate and promote a person's chemical-free
status or to maintain the person free of illegal drugs. It includes, but is
not limited to, the application of planned procedures to identify and change
patterns of behavior related to or resulting from chemical dependency that
are maladaptive, destructive, or injurious to health, or to restore appropriate
levels of physical, psychological, or social functioning lost due to chemical
dependency. ]
[(19)
Use of Force--Graduated levels of use
of physical strength or weapons necessary to gain physical compliance and
control of an offender whose actions otherwise pose a danger to self or others.
]
(b)
Compliance. Compliance with TDCJ-CJAD substance abuse treatment
standards is required of all programs that provide substance abuse treatment
and are funded or managed by TDCJ-CJAD. Programs and facilities providing
only substance abuse education are not subject to these standards.
(c)
Personnel & Staff Development/Accreditation. The employer
shall ensure that employees acquire any credentials, licensing, certifications,
or continuing education required to perform their duties. Personnel files
for employees shall be maintained to display copies of required documents.
Staff will be required to have criminal background checks performed annually.
Programs that are not clinical training institutions as defined by
the Texas Commission on Alcohol and Drug Abuse must inform all non-credentialed
staff of this fact
(d)
Admissions. There shall be documentation of specific admission
criteria and procedures. Offenders are eligible for substance abuse treatment
programs:
(1)
if the offender's needs are met by the treatment services
provided by the program,
(2)
if a court orders the offender into the program and the
subsequent assessment indicates the need for treatment services; or
(3)
if the program allows readmissions and the offender meets
the admission criteria. For offenders who are placed in treatment programs
who do not meet admission criteria, a mechanism or procedure shall be developed
for offender removal. A review and justification explaining the reason the
offender does not meet admission criteria shall be required.
(e)
Intake. There shall be written policies and procedures
establishing an intake process for offenders entering a substance abuse treatment
program.
(f)
Initial
Assessment Procedures. Acceptable and
recognized assessment tools (tests and measurements) shall be used in all
substance abuse treatment programs
within ten (10) working days from
date of admission
. Assessment policies and procedures shall require
the use of approved clinical measurements and screening tests.
If the
screening identifies a potential mental health problem, the facility shall
obtain a mental health assessment and seek appropriate mental health services
when resources for mental health assessments and services are available internally
or through referral at no additional cost to the program.
Assessment
procedures shall include the following:
(1)
identification of strengths, abilities, needs and substance
preferences of the offenders served;
(2)
summarization and evaluation of each offender
to develop individual treatment plans;
[(2)
indication of desired outcomes and expectations
of offenders served; ]
(3)
assessments completed by a Qualified Credentialed
Counselor (QCC), or if the assessor is a Counselor Intern, then the documentation
must be reviewed and signed by a QCC.
[(3)
summarization and evaluation of each
offender to develop individual treatment plans; ]
[(4)
specified time frames for initial and
on-going assessments; and ]
[(5)
assessments completed by a Qualified
Credentialed Counselor (QCC), or if the assessor is not a QCC, then the documentation
must be reviewed and signed by a QCC.]
(g)
Assessments. The assessment shall include:
(1)
a summary of the offender's alcohol or drug abuse history
including substances used, date of last use, date of first use, patterns and
consequences of use, types of and responses to previous treatment, and periods
of sobriety;
(2)
family information, including substance use and abuse by
family members and supportive or dysfunctional relationships;
(3)
vocational and employment status, including skills or trades
learned, work record, and current vocational plans;
(4)
health information, including medical conditions that present
a problem or that might interfere with treatment;
(5)
emotional or behavioral problems, including a history of
psychiatric treatment; [
(6)
educational achievement level;
[(6)
a diagnostic summary signed and dated
by a Qualified Credentialed Counselor (QCC).]
(7)
intellectual functioning level; and
(8)
a diagnostic summary signed and dated
by a Qualified Credentialed Counselor (QCC).
(h)
Orientation. Each program shall establish written policies
and procedures for the orientation process. Orientation shall be provided
at the onset of treatment and in accordance with the level of treatment to
be provided. The orientation shall relay information
concerning program
rules, the grievance procedure, and the steps
necessary for offenders
to
complete treatment successfully
[
(i)
Offender Rights. The offender's basic rights shall be respected
and protected, free from abuse, neglect, [
(j)
Release of Information. There shall be written policies
and procedures for protecting and releasing offender information that conforms
to federal and state confidentiality laws. The staff shall follow written
policies and procedures for responding to oral and written requests for offender-identifying
information.
(k)
Offender Records. There shall be written policies and procedures
regarding the content of offender
treatment
records.
Residential
programs shall maintain separate individual treatment records for defendants.
Case
records, whether residential or outpatient,
[
(1)
initial intake information form;
(2)
referral documentation;
(3)
case information from referral source, if applicable;
(4)
release of information forms;
(5)
relevant medical information;
(6)
case history and
assessment including risk and needs
assessment and Strategies for Case Supervision if required
[
(7)
individual treatment plan;
(8)
evaluation and progress reports;
(9)
discharge summary; and
(10)
court order placing the offender into the program.
(l)
Offender Records Review Policy. There shall be written
policy and procedures to govern the access of offenders to their own substance
abuse treatment records in accordance with Texas Health & Safety Code
and 42 CFR part 2
. This access does not apply to criminal justice records.
Restrictions to access to treatment records shall be specified and explained
to offenders upon request. Exceptions must involve the potential for harm
to the offender or others.
(m)
Treatment Planning and Review. Initial individual Treatment
Plans will be
completed within ten (10) working days from the date of
an offender's admission to a CCF, CCC or any other substance abuse treatment
program
[
(1)
that the primary counselor meets with the offender as needed
to review the treatment plan, evaluating goal progress and revisions; and
(2)
that all revised treatment plans be signed and dated by
the counselor and the offender.
(n)
Treatment Progress Notes. There shall be written policies
and procedures to require all programs to record and maintain progress notes
on all offender case records, to document counseling sessions, and to summarize
significant events that occur throughout the treatment process. Progress notes
shall be documented at a minimum of once each week.
(o)
Changes in Treatment Levels. Each treatment program shall
develop written criteria for an offender to advance or regress from a level
of treatment. An offender must meet the criteria for a change in the level
of treatment before such a change or a discharge is implemented.
Justification
for level changes must be documented.
(p)
Discharges from Treatment. Discharge from a program shall
be based on the following criteria:
(1)
the offender has made sufficient progress towards meeting
the objectives of the supervision plan and program requirements;
(2)
the offender has satisfied a period of
placement as a condition of community supervision;
(3)
the offender has demonstrated non-compliance
with the program criteria or court order;
(4)
the offender manifests a medical problem
that prohibits participation or completion of the program requirements;
(5)
the offender displays symptoms of a psychological
disorder that prohibits participation or completion of the program requirements;
or
(6)
the offender is identified as inappropriate
or ineligible for participation in the program as defined by facility eligibility
criteria, statute, or standard.
[(2)
the offender has satisfied a sentence
of confinement; ]
[(3)
the offender has satisfied a period of
placement as a condition of community supervision;]
[(4)
the offender has demonstrated non-compliance
with the program criteria or court order; ]
[(5)
the offender manifests a medical problem
that prohibits participation or completion of the program requirements; ]
[(6)
the offender displays symptoms of a psychological
disorder that prohibits participation or completion of the program requirements;
or ]
[(7)
the offender is identified as inappropriate
or ineligible for participation in the program as defined by facility eligibility
criteria, statute, or standard.]
(q)
Discharge Summary. A discharge summary shall be prepared
by the primary counselor for each offender prior to leaving any substance
abuse program. The discharge summary shall
be sent to the defendant's
supervision officer within seven (7) days of discharge and
provide a
summation of:
(1)
clinical problems at the onset of treatment and original
diagnosis;
(2)
the problems or needs and strengths or weaknesses identified
on the master treatment plan;
(3)
the goals and objectives established;
(4)
the course of treatment;
(5)
the outcomes achieved; and
(6)
a continuum of care plan/aftercare treatment plan
, which must be prepared with the offender prior to discharge
.
(r)
General Program Services Provisions. Specific services
shall be required of all substance abuse treatment programs. Written policy
and procedures shall ensure the following:
(1)
All substance abuse services shall be delivered according
to a written treatment plan;
(2)
All programs shall employ a Qualified Credentialed Counselor
as the Program Director, Clinical Director, Senior Counselor, or the counselor
in a similar supervisory position;
(3)
The program shall include culturally diverse curriculum
applicable to the population served and shall be accomplished through demonstrated,
appropriate counseling and instructional materials;
(4)
Members of the offender treatment team shall demonstrate
effective communications and coordination, as evidenced in staffing, treatment
planning and case-management documentation;
(5)
There shall be written policies and procedures regarding
the delivery and administration of prescription and nonprescription medication
which provide for:
(A)
conformity with state regulations; and
(B)
documentation of the administration of medications, medication
errors, and drug reactions.
(6)
Chemical dependency education shall follow a course outline
that identifies lecture topics and major points to be discussed;
(7)
The program shall provide education about the health risks
of tobacco products and nicotine addiction;
(8)
The program shall provide HIV
, Hepatitis B and C,
and Tuberculosis
education based on the Model Workplace Guidelines for
Direct Service Providers developed by the Texas Department of Health;
(9)
Offenders shall have access to HIV counseling and testing
services directly or through referral;
(A)
HIV services shall be voluntary, anonymous, and not limited
by ability to pay.
(B)
Counseling shall be based on the model protocol developed
by the Texas Department of Health.
(C)
In all TDCJ-CJAD funded facilities, testing, as well as
pre- and post-test counseling, is to be provided by the medical department
or contracted medical provider. In all facilities, service shall be provided
either directly or through referral.
(10)
The program shall make testing and information, for tuberculosis
and sexually transmitted diseases available to all offenders, unless the program
has access to test results obtained during the past year;
(A)
Services may be made available directly or through referral.
(B)
If an offender tests positive for tuberculosis or a sexually
transmitted disease, the program shall refer the offender to an appropriate
health care provider and take appropriate steps to protect offenders and staff.
(C)
A community corrections facility shall report to the local
health department the release of an offender who is receiving treatment for
tuberculosis.
(11)
The program shall:
(A)
refer pregnant offenders who are not receiving prenatal
care to an appropriate health care provider and monitor follow-through; and
(B)
refer offenders to ancillary services necessary to meet
treatment goals.
(s)
Levels of Treatment. All CCFs providing substance abuse
treatment shall designate in the current facility's Community Justice Plan
(CJP) program proposal levels of treatment to be provided as described in
sections (t) through (x) below.
Beginning in fiscal year 2004, level
II and level III treatment programs must include a cognitive-behavioral component
for medium and high-risk offenders.
[
[(1)
a structure board;]
[(2)
encounter, counseling and family groups;]
[(3)
utilization of a three phase process.
(Offenders shall transition from Phase 1, to Phase 2 to Phase 3 by meeting
objectives and program goals.);]
[(4)
graduated treatment sanctions for incidents
of non-compliance in coordination with the transitional treatment team; and]
[(5)
other peer-support groups.]
(t)
Level I (Detoxification).
[
(1)
All offenders admitted to
Level I (Detoxification)
[
(2)
Every offender shall have a completed medical history and
physical.
(A)
Residential offenders shall have a completed physical and
medical history and a physical within 24 hours of admission. If the facility
cannot meet this deadline because of exceptional circumstances, the circumstances
shall be documented in the offender record. Until an offender's medical history
and physical is complete, staff shall observe offenders closely (no less than
every 15 minutes) and monitor vital signs (no less than once each hour).
(B)
Outpatient offenders shall have the medical history and
physical completed before admission.
(3)
The program shall provide continuous supervision for offenders.
(A)
In residential programs, direct care staff shall be awake
and on site 24 hours a day.
(i)
During day and evening hours, at least two awake staff
shall be on duty for the first 12 offenders, with one more person on duty
for each additional one to 16 offenders.
(ii)
At night, at least one awake staff member shall be on
duty for the first 12 offenders, with one more person on duty for each additional
one to 16 offenders.
(B)
In outpatient programs, direct care staff shall be awake
and on site whenever an offender is on site. Offenders shall have access to
on-call staff 24 hours a day.
(4)
If the program accepts offenders with acute detoxification
symptoms or a history of acute detoxification symptoms, the program shall
have:
(A)
a licensed vocational nurse or registered nurse on duty
during all hours of operation;
(B)
a physician on-call 24 hours a day.
(5)
Level of observation shall be based on medical recommendations
and program design, or not less than that described in (2) (A) above.
(6)
A physician shall approve all medical policies, procedures,
guidelines, tools, and forms, which shall include:
(A)
screening instruments (including a medical risk assessment)
and procedures;
(B)
treatment protocol or standing orders for each chemical
the program is prepared to address in detoxification; and
(C)
emergency procedures.
(7)
The clinical supervisor shall be a physician, physician
assistant, advanced practice nurse, or registered nurse.
(8)
The program shall:
(A)
ensure continuous access to emergency medical care;
(B)
provide offenders access to mental health evaluation and
linkage with mental health services when indicated;
(C)
use written procedures to encourage offenders to seek appropriate
treatment after detoxification.
(9)
Direct care staff shall complete detoxification training
provided by a physician, physician assistant, advanced practice nurse, or
registered nurse that includes instruction in the following areas:
(A)
signs of withdrawal;
(B)
pregnancy-related complications (if the program admits
females of child-bearing age);
(C)
observation and monitoring procedures;
(D)
appropriate intervention; and
(E)
complications requiring transfer.
(10)
Staff shall assist each offender in developing an individualized
post-detoxification plan that includes appropriate referrals.
(u)
Level II (Relapse/Intensive Residential Treatment).
[
(1)
All offenders admitted to
Level II (Relapse/Intensive
Residential Treatment)
[
(2)
The program shall provide adequate staff for close supervision
and individualized treatment with counselor caseloads not to exceed ten (10)
offenders.
(3)
There shall be direct care staff alert and on site during
all hours of operation. There shall be an appropriate number of direct care
staff to provide all required program services, maintain an environment that
is conducive to treatment, and ensure the safety and security of the offenders,
according to the design of the facility and with the approval of the funding
source.
(4)
For programs
90
[
(5)
The facility shall deliver not less than
twenty
(20)
hours of structured activities per week for each offender, including:
(A)
ten
(10)
hours of chemical dependency counseling
with a cognitive-behavioral approach
with no less than one hour of individual
counseling;
(B)
seven
(7)
hours additional education, counseling,
life skills, or rehabilitation activities; and
(C)
three
(3)
hours of structured social or recreational
activities.
(6)
Counseling and education schedules shall be submitted to
the funding entity for approval.
(7)
Each offender shall have an opportunity to participate
in physical recreation at least weekly.
(8)
Program staff shall offer chemical dependency education
or services to identified significant others.
(9)
The program shall provide each offender with opportunities
to apply knowledge and practice skills in a structured, supportive environment.
Cognitive-Behavioral Programs shall have a published curriculum identified
by the authors to contain cognitive, social and behavioral elements. Anyone
facilitating a cognitive curriculum must be trained in that specific curriculum.
All staff must receive training on the principles of a cognitive behavioral
model as it relates to their job duties. This curriculum shall be approved
by TDCJ-CJAD and implemented as designed. Components of the cognitive program
shall at minimum include:
(A)
Ways to identify thinking patterns; and
(B)
Social Skills Training Component.
(v)
Level III (Community Residential Treatment).
Written policies and procedures shall ensure the following:
(1)
All offenders admitted to level III (Community Residential
Treatment) shall be medically stable, able to function with limited supervision
and support, and be able to participate in work release or community service/restitution
programs.
(2)
The program shall have adequate staff to meet treatment
needs within the context of the program description, with counselor caseloads
not to exceed sixteen (16) offenders.
(3)
There shall be direct care staff alert and on site during
all hours of operation. There shall be an appropriate number of direct care
staff to provide for the safety and security of the offenders, according to
the design of the facility and with the approval of the funding.
(4)
Counselors shall complete a comprehensive offender assessment
and individualized treatment plan within ten (10) working days of admission
for all offenders.
(5)
The facility shall deliver no less than ten (10) hours
of structured activities per week for each offender, including at least five
(5) hours of chemical dependency counseling with a cognitive-behavioral approach.
(6)
Counseling and education schedules shall be submitted to
the funding entity for approval.
(7)
The program design and application shall include increasing
levels of responsibility for offenders and frequent opportunities for offenders
to apply knowledge and practice skills in structured and unstructured settings.
Cognitive-Behavioral Programs shall have a published curriculum identified
by the authors to contain cognitive, social and behavioral elements. This
curriculum shall be approved by TDCJ-CJAD and implemented as designed. Anyone
facilitating a cognitive curriculum must be trained in that specific curriculum.
All staff must receive training on the principles of a cognitive behavioral
model as it relates to their job duties. Components of the cognitive program
shall at minimum include:
(A)
Ways to identify thinking patterns; and
(B)
Social Skills Training Component.
[(v)
Primary Care Treatment. Written policies
and procedures shall ensure the following:]
[(1)
All offenders admitted to primary care treatment shall
be medically stable, and able to participate in treatment.]
[(2)
The program shall provide adequate staff for close supervision
and individualized treatment with counselor caseloads not to exceed (16) offenders.]
[(3)
There shall be direct care staff alert and on site during
all hours of operation. There shall be an appropriate number of direct care
staff to provide all required services, maintain an environment that is conducive
to treatment, and ensure the safety and security of the offenders, according
to the design of the facility and with the approval of the funding source.]
[(4)
Counselors shall complete a comprehensive offender assessment
within ten working days of admission for all offenders admitted to a primary
care treatment program, and an individualized treatment plan shall be completed
for all offenders within ten working days of admission.]
[(5)
Length of stay shall be offender-driven based upon:]
[(A)
the offender's successful completion of treatment goals;]
[(B)
medical and psychological appropriateness for the program;]
[(C)
the offender's compliance with the programs rules and
regulations.]
[(6)
The facility shall deliver no less than twenty hours of
structured activities per week for each offender, including:]
[(A)
ten hours of chemical dependency counseling, with no less
than one hour of individual counseling per month;]
[(B)
seven hours additional education, counseling, life skills,
or rehabilitation activities; and]
[(C)
three hours of structured social or recreational activities.]
[(7)
Counseling and education schedules shall be submitted
to the funding entity for approval.]
[(8)
Each offender shall have an opportunity to participate
in physical recreation at least four hours per week.]
[(9)
Program staff shall offer chemical dependency education
or services to identified significant others.]
[(10)
The program shall provide each offender with opportunities
to apply knowledge and proactive skills in a structured, supportive environment.]
(w)
Level IV (Outpatient Treatment). Written
policies and procedures shall ensure the following:
(1)
All offenders admitted to Level IV (Outpatient) programs
shall be medically stable, and have appropriate support systems in the community
to live independently with minimal structure.
(2)
The program shall have adequate staff to provide offenders
support and guidance to ensure effective service delivery, safety, and security.
Staffing patterns shall be submitted to the funding entity.
(3)
The program shall set limits on counselor caseload size
to ensure effective, individualized treatment and rehabilitation. Criteria
used to set the caseload size shall be documented and approved by the funding
entity.
(4)
Didactic groups shall not exceed 35 30 offenders in a group.
(5)
Therapeutic groups shall not exceed 16 offenders in a group
(6)
For offenders in supportive outpatient programs, counselors
shall complete a comprehensive offender assessment within thirty (30) calendar
days of admission for all offenders.
(7)
For offenders in intensive outpatient programs, counselors
shall complete a comprehensive offender assessment within ten (10) calendar
days of admission for all offenders.
(8)
Intensive outpatient programs shall deliver no less than
ten (10) hours of structured activities per week for each offender, including
at least five (5) hours of chemical dependency counseling.
(9)
Supportive outpatient programs shall deliver no less than
two (2) hours of structured activities per week for each offender, including
at least one (1) hour of chemical dependency counseling.
(10)
Counseling and education schedules shall be submitted
to the funding entity for approval.
(11)
The program design and application shall include increasing
levels of responsibility for offenders and frequent opportunities for offenders
to apply knowledge and practice skills in structured and unstructured settings.
(12)
The outpatient treatment levels may be utilized for residents
in the work release phase of any residential substance abuse treatment program.
[(w)
Community Residential Treatment. Written
policies and procedures shall ensure the following: ]
[(1)
All offenders admitted to community residential treatment
shall be medically stable, able to function with limited supervision and support,
and be able to participate in work release or community service/restitution
programs. ]
[(2)
The program shall have adequate staff to meet treatment
needs within the context of the program description, with counselor caseloads
not to exceed 16 offenders, or 20 for modified therapeutic community. ]
[(3)
There shall be direct care staff alert and on site during
all hours of operation. There shall be an appropriate number of direct care
staff to provide for the safety and security of the offenders, according to
the design of the facility and with the approval of the funding. ]
[(4)
Counselors shall complete a comprehensive offender assessment
and individualized treatment plan within ten working days of admission for
all offenders. ]
[(5)
The facility shall deliver no less than ten hours of structured
activities per week for each offender, including at least five hours of chemical
dependency counseling and programming of no less than four hours of chemical
dependency counseling and four hours of structured activities per week shall
be provided in a modified therapeutic community program. ]
[(6)
Counseling and education schedules shall be submitted
to the funding entity for approval. ]
[(7)
The program design and application shall include increasing
levels of responsibility for offenders and frequent opportunities for offenders
to apply knowledge and practice skills in structured and unstructured settings.]
(x)
Special Populations. Written policies
and procedures shall ensure the following:
(1)
Programs that address the special mental health, intellectual
capacity, or medical needs of offenders must provide appropriate treatment
either by program staff or through contracted services.
(2)
Admission to a special needs program must be based on a
documented mental health, intellectual capacity, or medical need.
(3)
When the assessment process indicates that the offender
has coexisting disabilities/disorders, the Treatment Plan shall specifically
address those issues that might impact treatment, recovery, relapse, and/or
recidivism.
(4)
Personnel shall be available who are qualified in the treatment
of coexisting disabilities/disorders.
(5)
Within ninety-six (96) hours of admission to a special
needs residential program, offenders shall be administered a medical and psychological
evaluation.
(6)
Within ten (10) days of admission to a residential program
for special needs offenders, the program administrator or designee shall contact
the Texas Council on Offenders with Mental Impairments (TCOMI) regarding the
offender's status. As soon as discharge date is projected, TCOMI shall be
notified in writing of plans for a continuum of care after discharge, regardless
of whether or not the discharge is for successful completion of the program.
(7)
Residential facilities providing services for special needs
populations shall have procedures to provide access to health care services,
including medical, dental, and mental health services, under the control of
a designated health authority. When this authority is other than a physician,
final medical judgments must rest with a single designated responsible physician
licensed by the state.
(A)
Services/treatment shall be directed toward maximizing
the functioning and reducing the symptoms of offenders.
(B)
There shall be written policies and procedures regarding
the delivery and administration of prescription and nonprescription medication
which provide for:
(i)
conformity with state regulations;
(ii)
documentation of the rationale for use and goals of service/treatment
consistent with the individual plan of treatment;
(iii)
documentation of the administration of medications, medication
errors, and drug reactions; and
(iv)
procedures to follow in case of emergencies.
(8)
There shall be procedures for documenting that the offender
has been informed of medication management procedures.
(9)
Offenders shall be actively involved in decisions related
to their medications.
(10)
Programs for special needs offenders must follow the same
staffing for treatment levels as the levels for other offenders, except all
residential programs shall maintain caseloads of no greater than sixteen (16)
offenders for each counselor.
(11)
Programs operating in residential facilities shall ensure
that offenders will have no less than ten (10) days of appropriate medication
for use after discharge.
[(x)
Outpatient Treatment. Written policies
and procedures shall ensure the following: ]
[(1)
All offenders admitted to outpatient programs shall be
medically stable, and have appropriate support systems in the community to
live independently with minimal structure. ]
[(2)
The program shall have adequate staff to provide offenders
support and guidance to ensure effective service delivery, safety, and security.
Staffing patterns shall be submitted to the funding entity. ]
[(3)
The program shall set limits on counselor caseload size
to ensure effective, individualized treatment and rehabilitation. Criteria
used to set the caseload size shall be documented and approved by the funding
entity. ]
[(4)
Didactic groups shall not exceed 30 offenders in a group.]
[(5)
Therapeutic groups shall not exceed 16 offenders in a
group. ]
[(6)
For offenders in supportive outpatient programs, counselors
shall complete a comprehensive offender assessment within 30 calendar days
of admission for all offenders. ]
[(7)
For offenders in intensive outpatient programs, counselors
shall complete a comprehensive offender assessment within ten calendar days
of admission for all offenders. ]
[(8)
Intensive outpatient programs shall deliver no less than
ten hours of structured activities per week for each offender, including at
least five hours of chemical dependency counseling. ]
[(9)
Supportive outpatient programs shall deliver no less than
two hours of structured activities per week for each offender, including at
least one hour of chemical dependency counseling. ]
[(10)
Counseling and education schedules shall be submitted
to the funding entity for approval. ]
[(11)
The program design and application shall include increasing
levels of responsibility for offenders and frequent opportunities for offenders
to apply knowledge and practice skills in structured and unstructured settings.
]
[(12)
The outpatient treatment levels may be utilized for residents
in the work release phase of any residential substance abuse treatment program.]
[(y)
Special Populations. Written policies
and procedures shall ensure the following:]
[(1)
Programs that address the special mental health, intellectual
capacity, or medical needs of offenders must provide appropriate treatment
either by program staff or through contracted services.]
[(2)
Admission to a special needs program must be based on
a documented mental health, intellectual capacity, or medical need.]
[(3)
When the assessment process indicates that the offender
has coexisting disabilities/disorders, the Treatment Plan shall specifically
address those issues that might impact treatment, recovery, relapse, and/or
recidivism.]
[(4)
Personnel shall be available who are qualified in the
treatment of coexisting disabilities/disorders.]
[(5)
Within (96) hours of admission to a special needs residential
program, offenders shall be administered a medical and psychological evaluation.]
[(6)
Within ten days of admission to a residential program
for special needs offenders, the program administrator or designee shall contact
the Texas Council on Offenders with Mental Impairments (TCOMI) regarding the
offender's status. As soon as discharge date is projected, TCOMI shall be
notified in writing of plans for a continuum of care after discharge, regardless
of whether or not the discharge is for successful completion of the program.]
[(7)
Residential facilities providing services for special
needs populations shall have procedures to provide access to health care services,
including medical, dental, and mental health services, under the control of
a designated health authority. When this authority is other than a physician,
final medical judgments must rest with a single designated responsible physician
licensed by the state.]
[(A)
Services/treatment shall be directed toward maximizing
the functioning and reducing the symptoms of offenders.]
[(B)
There shall be written policies and procedures regarding
the delivery and administration of prescription and nonprescription medication
which provide for:]
[(i)
conformity with state regulations;]
[(ii)
documentation of the rationale for use and goals of service/treatment
consistent with the individual plan of treatment;]
[(iii)
documentation of the administration of medications,
medication errors, and drug reactions; and]
[(iv)
procedures to follow in case of emergencies.]
[(8)
There shall be procedures for documenting that the offender
has been informed of medication management procedures.]
[(9)
Offenders shall be actively involved in decisions related
to their medications.]
[(10)
Programs for special needs offenders must follow the
same staffing for treatment levels as the levels for other offenders, except
all residential programs shall maintain caseloads of no greater than (16)
offenders for each counselor.]
[(11)
Programs operating in residential facilities shall ensure
that offenders will have no less than ten (10) days of appropriate medication
for use after discharge.]
[(z)
Residential Physical Plant Requirements.
Facilities (Physical Plants) providing substance abuse treatment to offenders
shall have written policies and procedures to ensure the following:]
[(1)
The physical plant shall be located either within one
mile of public transportation or other means of available transportation.]
[(2)
There must be documentation indicating that ventilation
conforms with the American Society of Heating, Refrigerating and Air Conditioning
Engineers (ASHRAE) Standard 62 and ASHRAE Standard 55 requiring 20 CFM per
person minimum outside air and ventilation for each occupant or facility sleeping
quarters. The facility/sleeping quarters must also meet Smoke Management Standards
92A, 92B and 204M established by the National Fire Prevention Association
(NFPA). Consultation with trade associations specializing in the area of ventilation
can provide alternative methods of mechanical ventilation if windows are absent
or not operable. Documentation for meeting proper ventilation requirements
can be obtained through a local public health agency, an engineering consultant,
or a trade association such as the American Society of Heating, Refrigeration
and Air-Conditioning Engineers, Inc.]
[(3)
There must be documentation that all sleeping quarters
have lighting of at least (20) foot-candles in reading and grooming areas.
Sleeping quarters shall be safe and provide the resident with adequate lighting
which is conducive to reading and grooming.]
[(4)
An adequate amount of floor space must be provided per
resident in the facility's sleeping area to meet the safety and security requirements
of the facility.]
[(5)
In the sleeping area, each resident must be provided at
a minimum: a bed, mattress, and pillow; supply of bed linen; and closet/locker
space for the storage of personal items.]
[(6)
Private counseling space with adequate furniture must
be provided in the facility.]
[(7)
Space and furnishings for activities such as group meetings
and visits shall be provided in the facility.]
[(8)
At a minimum, the facility shall have one operable toilet
for every eight residents or increment thereof, or as approved by the funding
entity. Urinals may be substituted for up to one-half of the toilets in male-populated
facilities.]
[(9)
At a minimum, the facility shall have one operable wash
basin with temperature controlled hot and cold running water for every eight
residents, or as approved by the funding agency.]
[(10)
At a minimum, the facility shall have one operable shower
or bathing facility with temperature controlled hot and cold running water
for every twelve residents or as approved by funding entity. The water shall
be thermostatically controlled to temperatures ranging from 100 to 108 degrees
Fahrenheit to ensure the safety of residents.]
[(11)
The facility shall have the ability to handle the laundry
needs on a daily basis for all residents.]
[(12)
Facilities of more than 200 residents shall be subdivided
into units of not more than 60 residents. Each unit will be staffed with the
number and variety of staff personnel required to provide the program services
and custodial supervision needed based on contractual requirements. Units
with 50 or fewer residents shall be permitted to conduct manageable, scaled
programs based on decisions by facility management and contractual requirements.
]
[(13)
Resident population shall not exceed the rated space
of the facility. The original facility plan shall be examined to determine
its rated bed capacity. If remodeled since original construction, the latest
blueprints or plans for each resident housing shall be used.]
[(14)
When males and females are housed in the same facility,
there shall be separate sleeping quarters with adequate supervision.]
[(15)
There shall be identifiable exits in each housing area
and other high density areas to permit the prompt evacuation of residents
and staff under emergency conditions as approved by the local or state fire
inspector/marshall having jurisdiction.]
[(16)
Where applicable, there shall be a separate day room
(leisure time space) for each housing unit, and an outside recreation area
shall be provided.]
[(17)
There shall be a visiting room or area for contact visitation
which is adequate to meet the needs and size of the facility.]
[(18)
Space must be provided for administrative, custodial,
professional, and clerical staff.]
[(19)
Preventative maintenance of the physical plant which
provides for emergency repairs or replacements in life threatening situations
shall be documented and conducted on a timely and routine basis.]
[(20)
There shall be documentation by a qualified source that
the interior finishing material in resident living areas, exit areas, and
places of public assembly are in accordance with the local or state fire inspector/marshall
having jurisdiction.]
[(21)
Exits in the facility must be in compliance with either
state or local fire safety authorities.]
[(aa)
Special Physical Plant Provisions. There
shall be written policy and procedures to ensure access for handicapped residents
in a manner which provides for their safety and security. In accordance with
the Americans with Disabilities Act (ADA), areas of the facility which are
accessible to the public shall be also accessible to handicapped staff and
visitors.]
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 January 17, 2003.
TRD-200300309
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 463-0422
37 TAC §163.36
The Texas Board of Criminal Justice, on behalf of the Texas
Department of Criminal Justice-Community Justice Assistance Division (CJAD),
proposes new rule §163.36, Mentally Impaired Offender Supervision, for
the Standards for Community Supervision and Corrections Departments (CSCDs).
The new standard provides for caseloads relating to the supervision of
Mentally Impaired Offenders. This standard addresses the development of policy
and procedures, contact requirements, treatment referral process and coordination
with other treatment providers, caseload size, violation procedures, collaboration
with collateral sources, and transfer procedures.
Brad Livingston, Chief Financial Officer for TDCJ, has determined that
for the first five years the rule will be in effect, enforcing or administering
the rule does not have foreseeable implications related to costs or revenues
for state or local government. Mr. Livingston has also determined that there
will be no economic impact on persons required to comply with the rule, and
that the public benefit expected as a result of the proposed rule is the increase
in public safety due to improvements in continuity of care for offenders with
mental impairments.
Comments should be directed to Carl Reynolds, General Counsel, Texas Department
of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Carl.Reynolds@tdcj.state.tx.us.
Written comments from the general public should be received within 30 days
of the publication of this proposal.
The new rule is proposed under Texas Government Code, §509.003;
Texas Health & Safety Code, §614.013.
Cross Reference to Statutes: Texas Government Code, §509.003; Texas
Health & Safety Code, §614.013.
§163.36. Mentally Impaired Offender Supervision.
(a)
A mentally impaired offender is defined as one with an
Axis I or Axis II disorder as defined by the Diagnostic and Statistical Manual
of Mental Disorders, Fourth Edition (DSM-IV), that inhibits their ability
to comply with conditions of supervision, other than solely substance abuse
dependence.
(b)
CSCD Directors shall develop and implement policies and
procedures for the effective supervision of mentally impaired offenders. Policies
and procedures shall address at least the following and any other policies
required by special grant conditions:
(1)
Contact standards;
(2)
Treatment referral process within and outside of jurisdiction;
(3)
Coordination of services with treatment providers;
(4)
Treatment participation requirements;
(5)
Recommend modified conditions of supervision based on offenders
progress, risk factors or ability to comply;
(6)
Caseload size; and
(7)
Violation procedures.
(c)
Community supervision officers shall collaborate with collateral
sources, See TDCJ-CJAD §163.35 (c) 7, and coordinate services with agencies
within and outside the criminal justice system to address the needs of the
mentally impaired offender.
(d)
Departments closing or transferring out of county supervision
of a mentally impaired offender shall complete a supervision summary report
within 14 days and forward the summary and all other pertinent treatment information
to the criminal justice agency that assumes supervision of the offender.
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 January 17, 2003.
TRD-200300310
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 463-0422
37 TAC §163.38
The Texas Board of Criminal Justice, on behalf of the Texas
Department of Criminal Justice-Community Justice Assistance Division (CJAD),
proposes new rule §163.38, Sex Offender Supervision, for the Standards
for Community Supervision and Corrections Departments (CSCDs).
The proposed new rule is to provide standards for the supervision of the
sex offender, a definition of a sex offender for supervision purposes, policy
and procedure development in regards to contact standards, sex offender registration,
DNA collection, violation procedures, treatment referral process, treatment
participation requirements, team approach to supervision, sharing of information
with appropriate agencies, and recommended caseload size.
Brad Livingston, Chief Financial Officer for TDCJ, has determined that
for the first five years the rule will be in effect, enforcing or administering
the rule does not have foreseeable implications related to costs or revenues
for state or local government. Mr. Livingston has also determined that there
will be no economic impact on persons required to comply with the rule, and
that the public benefit expected as a result of the proposed rule is the increase
in public safety due to improvements in continuity of care for sex offenders.
Comments should be directed to Carl Reynolds, General Counsel, Texas Department
of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Carl.Reynolds@tdcj.state.tx.us.
Written comments from the general public should be received within 30 days
of the publication of this proposal.
The new rule is proposed under Texas Government Code, §509.003.
Cross Reference to Statutes: Texas Government Code, §509.003.
§163.38.Sex Offender Supervision.
(a)
Definitions.
(1)
"Jurisdictional authority" means a sentencing court, the
Board of Pardons and Paroles, or a division of the Texas Department of Criminal
Justice as applicable to the offender.
(2)
"Sex offense" means a reportable offense under Art. 62.01(5),
Code of Criminal Procedure.
(3)
"Sex offender" means an offender who:
(A)
has a current conviction or deferred adjudication for a
sex offense;
(B)
has a prior conviction or deferred adjudication for a sex
offense and has been ordered by the jurisdictional authority to participate
in sex offender supervision or treatment; or
(C)
has been ordered by the jurisdictional authority to participate
in sex offender supervision or treatment.
(b)
CSCDs supervising sex offenders shall ensure consistency
in the manner in which sex offenders are supervised throughout the department.
Policies and procedures shall be developed that, at a minimum, include the
following:
(1)
Contact standards as per TDCJ-CJAD Standard §163.35
(c) (7);
(2)
Sex offender registration as per TCCP, Chapter 62:
(3)
DNA collection as per TCCP 42.12, Sec. 11 (a) (22);
(4)
Violation procedures as per TDCJ-CJAD Standards §163.35
(c) (9);
(5)
Victim services as per Texas Government Code Annotated
76.016;
(6)
Treatment referral process as per TCCP 42.12, Sec. 13 B
(c);
(7)
Treatment participation requirements;
(8)
Team approach to supervision;
(9)
Sharing of information/documentation with the appropriate
agency; and
(10)
Specialized caseload size, if applicable.
(c)
CSCDs shall develop policies and procedures that address
the needs and safety of victims or potential victims. The policies may include
collaborating with victims, victim advocates, or sexual assault task forces
in the supervision and treatment of sex offenders.
(d)
CSOs shall use a record keeping system to document all
significant actions, decisions, services rendered and periodic evaluations
in the offender's case file, including the offender's status regarding level
of supervision, compliance with the conditions of community supervision, progress
with the supervision plan, and responses to intervention.
(e)
CSOs shall collaborate with collateral sources. Collateral
sources may include treatment providers, polygraph examiners, significant
others, sex offender registration personnel, sex offenders' families, local
law enforcement, schools, Children's Protective Services, employers, chaperones,
and victim service providers.
(f)
CSOs shall recommend that conditions be tailored to the
sex offender's identified risk.
(g)
CSOs shall make face-to-face, field visits, and collateral
contacts with the offender, family, community resources, or other persons
pursuant to and consistent with a supervision plan and the level of supervision
on which the offender is being supervised. Each CSCD director shall establish
supervision contact and casework standards at a level appropriate for that
jurisdiction, but in all cases, offenders at higher levels of supervision
shall receive a higher level of contacts than offenders at lower levels of
supervision. Supervision contacts shall be specified in the CSCDs written
policies and procedures.
(h)
CSCD directors shall work in conjunction with the local
judiciary to specify written policies and procedures wherein CSOs may make
recommendations to the courts regarding violations of conditions of community
supervision, as well as when violations may be handled administratively. The
availability of the continuum of sanctions or alternative to incarceration
shall be considered by the community supervision officer and recommended to
the court in eligible cases as determined appropriate by the jurisdiction.
(i)
CSOs shall timely transmit information regarding supervision
and treatment at the time supervision is transferred.
(j)
In addition to the above, CSCDs may operate specialized
caseloads for sex offenders. In this event, CSCDs shall have a written policy
that
(1)
Establishes minimum qualifications for CSOs supervising
sex offenders;
(2)
Determines the minimum training requirements for CSOs supervising
sex offenders; and
(3)
Specifies the number of staff required for the increased
level of supervision essential for the specialized supervision of sex offenders.
The recommended CSO to offender ratio is one to 45.
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 January 17, 2003.
TRD-200300311
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 463-0422
37 TAC §195.51
The Texas Board of Criminal Justice, on behalf of the Texas
Department of Criminal Justice Parole Division, proposes new §195.51,
concerning requirements for sex offender supervision. The purpose of the new
rule is to enhance public safety by ensuring continuity in the supervision
and treatment of sex offenders.
Brad Livingston, Chief Financial Officer for TDCJ, has determined that
for the first five years the rule will be in effect, enforcing or administering
the rule does not have foreseeable implications related to costs or revenues
for state or local government.
Mr. Livingston has also determined that the public benefit expected as
a result of the proposed rule is enhanced public safety as described above.
There will be no economic impact on persons required to comply with the rule
and there is no effect on small businesses, or micro-businesses.
Comments should be directed to Carl Reynolds, General Counsel, Texas Department
of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Carl.Reynolds@tdcj.state.tx.us.
Written comments from the public should be received within 30 days of the
publication of this proposal.
The new rule is proposed under Texas Government Code §492.013,
which grants general rulemaking authority to the Board of Criminal Justice,
and §508.112, which gives the Parole Division responsibility for supervision
of releasees.
Cross Reference to Statutes: Texas Government Code, Chapter 508.112.
§195.51.Sex Offender Supervision.
The Parole Division shall supervise sex offenders in accordance with
the requirements of Section 163.38 of this title (relating to Sex Offender
Supervision).
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 January 22, 2003.
TRD-200300361
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 463-0422
Chapter 341.
TEXAS JUVENILE PROBATION COMMISSION STANDARDS
The Texas Juvenile Probation Commission proposes the repeal of Chapter
341, §§341.1 - 341.6, 341.13 - 341.17, 341.24 - 341.31, 341.38 -
341.42, 341.48 - 341.53, 341.58 - 341.62, 341.68, 341.75, 341.82 - 341.92,
341.98 - 341.109, 341.113, 341.114, 341.121 - 341.125, 341.132 - 341.143,
341.150, 341.157, 341.158, relating to standards for juvenile probation departments.
The repeal is in an effort not to overlap with new proposed standards in chapter
341, which provide structural and substantive changes from the current standards.
Erika Sipiora, Deputy General Counsel, has determined that for the first
five year period the repeal is in effect, there will be no fiscal implications
for state or local government or small businesses as a result of enforcement
or implementation.
Ms. Sipiora has also determined that for each year of the first five years
the repeal is in effect, the public benefit expected as a result of the repeal
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 repeal.
Public comments on the repeal may be submitted to Kristy Carr at the Texas
Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711-3547.
Subchapter A. DEFINITIONS
37 TAC §341.1
(Editor's note: The text of the following section proposed
for repeal will not be published. The section may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the Texas Human
Resource Code, which provides the Texas Juvenile Probation Commission with
the authority to adopt reasonable rules which provide minimum standards for
juvenile boards.
No other code or article is affected by the repeal.
§341.1.Definitions.
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 January 22, 2003.
TRD-200300392
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§341.2 - 341.6
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§341.2.Administration.
§341.3.Fiscal Responsibilities.
§341.4.Policy and Procedures.
§341.5.Facilities and Support Services.
§341.6.Waiver to Standards.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 22, 2003.
TRD-200300393
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-8710
37 TAC §§341.13 - 341.17
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Juvenile Probation Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§341.13.Administrative Manual.
§341.14.Identification.
§341.15.Supervision.
§341.16.Treatment and Safety.
§341.17.Participation in Community Resource Coordination Groups.
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 January 22, 2003.
TRD-200300394
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§341.24 - 341.31
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Juvenile Probation Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§341.24.Accounting.
§341.25.Interest on State Funds.
§341.26.Purchasing.
§341.27.Expenditure of State Funds.
§341.28.Internal Controls.
§341.29.Financial Reporting.
§341.30.Refunds to the Commission.
§341.31.Records Retention.
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 January 22, 2003.
TRD-200300395
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§341.38 - 341.42
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§341.38.Qualifications for Employment.
§341.39.Exemption from Qualifications.
§341.40.Criminal Records Check.
§341.41.Disqualification from Employment.
§341.42.Applicability.
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 January 22, 2003.
TRD-200300396
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§341.48 - 341.53
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§341.48.Persons Who Must be Certified.
§341.49.Certification.
§341.50.Recertification.
§341.51.Transfer of Certification.
§341.52.Expiration of Certification While Under Certification Suspension Order.
§341.53.Applicability.
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 January 22, 2003.
TRD-200300397
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§341.58 - 341.62
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§341.58.Training Hours.
§341.59.Training Hours for Trainers.
§341.60.Certification Training.
§341.61.Recertification Training.
§341.62.Applicability.
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 January 22, 2003.
TRD-200300398
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §341.68
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Juvenile Probation Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§341.68.Duties of Certified Juvenile Probation Officers.
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 January 22, 2003.
TRD-200300399
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §341.75
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Juvenile Probation Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§341.75.Code of Ethics.
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 January 22, 2003.
TRD-200300400
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§341.82 - 341.92
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§341.82.Request for Disciplinary Hearing.
§341.83.Notifications Made to the Commission.
§341.84.Effect of Request for Disciplinary Hearing.
§341.85.Procedure for Hearings.
§341.86.Notice.
§341.87.Right to Counsel.
§341.88.Disciplinary Hearing.
§341.89.Motion for Rehearing.
§341.90.Judicial Review.
§341.91.Record.
§341.92.Release of Information.
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 January 22, 2003.
TRD-200300401
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§341.98 - 341.109
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§341.98.Duty to Notify.
§341.99.Effect of Notification.
§341.100.Procedure for Certification Revocation Hearings.
§341.101.Notice.
§341.102.Right to Counsel.
§341.103.Revocation Hearing.
§341.104.Motion for Rehearing.
§341.105.Judicial Review.
§341.106.Record.
§341.107.Release of Information.
§341.108.Applicability.
§341.109.Mandatory Suspension for Failure to Pay Child Support.
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 January 22, 2003.
TRD-200300402
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §341.113, §341.114
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§341.113.Notice of Complaint Procedures.
§341.114.Complaint Process.
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 January 22, 2003.
TRD-200300403
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§341.121 - 341.125
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§341.121.Definitions.
§341.122.Assessment.
§341.123.Case Planning and Review.
§341.124.Supervision.
§341.125.Exit Plan.
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 January 22, 2003.
TRD-200300404
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
1.
CASEWORKER SYSTEMS
37 TAC §§341.132 - 341.137
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§341.132.Definitions.
§341.133.Data Coordinator.
§341.134.TJPC Monthly Folder Extract.
§341.135.Other Reports.
§341.136.Accuracy of Data.
§341.137.Security of Data.
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 January 22, 2003.
TRD-200300405
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§341.138 - 341.143
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§341.138.Definitions.
§341.139.Data Coordinator.
§341.140.TJPC Monthly Folder Extract.
§341.141.Other Report.
§341.142.Accuracy of Data.
§341.143.Security of Data.
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 January 22, 2003.
TRD-200300406
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §341.150
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Juvenile Probation Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§341.150.TJPC Monthly Folder Extract.
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 January 22, 2003.
TRD-200300407
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §341.157, §341.158
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§341.157.Memoranda of Understanding--Coordinated Services for Multiproblem Children and Youth.
§341.158.Memoranda of Understanding--Service Delivery to Dysfunctional Families.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 22, 2003.
TRD-200300408
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
The Texas Juvenile Probation Commission proposes new Chapter 341 §§341.1
- 341.4, 341.9, 341.10, 341.15, 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, relating to
standards for juvenile probation departments. The proposed standards provide
structural and substantive changes from the current standards.
Erika Sipiora, Deputy General Counsel, 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, with the following exception: §341.38(b) will have
a fiscal impact of approximately $340,557 per year statewide. The fiscal impact
is derived by taking 71,734, the number of juveniles assigned last calendar
year to progressive sanctions levels three through five, and dividing that
number by four, the number of case plan reviews a juvenile probation officer
can complete in an hour. That sum, 17,394, is then multiplied by $18.99, the
average hourly rate for juvenile probation officers.
Ms. Sipiora has also determined that for each year of the first five years
the new sections are in effect, the public benefit expected as a result of
enforcement will be the consistent standards to all counties across the State
of Texas which will provide TJPC with a more accurate account in evaluating
the effectiveness and services provided within the juvenile probation system.
There will be no impact on small business or individuals as a result of the
new sections.
Public comments on the proposed new sections may be submitted to Kristy
Carr at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas
78711-3547.
Subchapter A. DEFINITIONS
37 TAC §341.1
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.
§341.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Alleged Victim--A juvenile alleged as being a victim of
abuse, exploitation or neglect.
(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 including the juvenile probation
department of a multi-county judicial district.
(3)
Commission--The Texas Juvenile Probation Commission.
(4)
Juvenile Justice Program--A non-residential program operated
for the benefit of juveniles referred to a juvenile probation department that
is either directly administered by the juvenile probation department, or is
operated under contract with a juvenile board. A juvenile justice program
does not include any program operated in a facility that is licensed or operated
by a state agency other than a facility registered with the Texas Juvenile
Probation Commission.
(5)
Referral--A referral to the juvenile court for conduct
defined in Texas Family Code §51.03 that results in a face-to-face interview
between the juvenile and the authorized staff of the juvenile probation department.
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 January 22, 2003.
TRD-200300381
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§341.2 - 341.4
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.
§341.2.Administration.
(a)
Local Juvenile Probation Services Administration.
(1)
The juvenile board shall employ a chief administrative
officer for each autonomous juvenile probation department.
(2)
The juvenile board shall specify the responsibilities and
functions of the juvenile probation department as well as the authority, responsibility,
and function of the position of the chief administrative officer.
(3)
When probation services for adult and juvenile offenders
are provided by a single probation office, the juvenile board shall ensure
that the juvenile probation department policies, programs, and procedures
are clearly differentiated.
(b)
Referral Ratio. The juvenile board shall employ at least
one certified juvenile probation officer for each 100 referrals made to the
juvenile probation department annually.
(c)
Participation in Community Resource Coordination Groups.
(1)
Juvenile boards shall participate in the system of community
resource coordination groups and the procedures in the memorandum of understanding
adopted in §349.69 of this title.
(2)
The chair of the juvenile board, or the chair's designee
shall serve as representative to the interagency dispute resolution process
described in the memorandum of understanding.
(d)
Notice of Complaint Procedures. The juvenile board shall
post the sign provided by the Commission relating to complaint procedures
in a public area of:
(1)
the juvenile probation department; and
(2)
any facility operated by the juvenile board, or operated
by a private entity through contract with the juvenile board.
§341.3.Policy and Procedures.
(a)
Personnel Policies. The juvenile board shall adopt written
personnel policies. These personnel policies shall include but not be limited
to:
(1)
a salary scale for all juvenile probation officers; and
(2)
the provision for juvenile probation officers to receive
all applicable benefits and allowances given to county employees.
(b)
Department Policies. The juvenile board shall adopt written
department policies and procedures. These policies shall include but not be
limited to:
(1)
Deferred Prosecution. The deferred prosecution policy shall
at a minimum include the following policies:
(A)
The maximum supervision fee for deferred prosecution cases
is $15.00 per month.
(B)
The monthly fee shall be determined after obtaining a financial
statement from the parent or guardian.
(C)
The fee schedule shall be based on total parent/guardian
income.
(D)
The chief administrative officer, or the chief administrative
officer's designee shall approve in writing the fee assessed for each child
including any waiver of deferred prosecution fees.
(E)
A deferred prosecution fee shall not be imposed if the
juvenile board does not adopt a fee schedule and rules for waiver of the deferred
prosecution fee.
(2)
Volunteers and Interns. If a juvenile probation department
has or develops a volunteer or internship program, the juvenile board at a
minimum shall adopt the following polices for the volunteer and internship
program:
(A)
a description of the authority, responsibility and accountability
of volunteers and interns who work with the department;
(B)
performance of a Texas criminal history background search
(TCIC);
(C)
performance of a local law enforcement sex offender registration
records check in the city or county where the volunteer or intern resides;
(D)
selection and termination criteria including disqualification
based on criminal history;
(E)
orientation and training requirements including training
on reporting abuse, exploitation and neglect;
(F)
a requirement that volunteers and interns meet minimum
professional requirements; and
(G)
a provision for a volunteer and intern sign in log.
(3)
Experimentation. The policy shall at a minimum prohibit
a department or juvenile justice program from using juveniles for medical,
pharmaceutical, or cosmetic experiments.
§341.4.Waiver or Variance to Standards.
Unless expressly prohibited by another standard, the juvenile board,
or chief administrative officer may make an application for waiver and the
juvenile board may make an application for variance of any standard or standards
adopted by the Commission in accordance with §349.2 of this title.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on January 22, 2003.
TRD-200300382
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §341.9, §341.10
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.
§341.9.Policy and Procedure Manual.
(a)
The chief administrative officer shall maintain and enforce
a policy and procedure manual for the juvenile probation department, which
shall include the policies, procedures, and regulations of the juvenile probation
department as adopted by the juvenile board.
(b)
The chief administrative officer shall provide all employees
with a copy of or access to the policy and procedure manual, review the manual
on an annual basis and update it as necessary.
§341.10.Participation in Community Resource Coordination Groups.
The chief administrative officer or his/her designee shall serve as
the liaison to the community resource coordination group in accordance with
the memorandum of understanding adopted in §349.69 of this title.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on January 22, 2003.
TRD-200300383
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §341.15, §341.16
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.
§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)
Reporting.
(A)
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.
(B)
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.
(2)
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.
(3)
Internal Investigation.
(A)
An internal investigation shall be conducted for all allegations
of abuse, exploitation or neglect in the juvenile probation department or
any juvenile justice program.
(B)
All employees, volunteers and interns shall fully cooperate
with any investigation of alleged abuse, exploitation or neglect.
(C)
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.
(D)
At the conclusion of the internal investigation, the chief
administrative officer shall take appropriate measures to provide for the
safety of the juveniles.
(E)
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.
(4)
In the event the chief administrative officer is alleged
to be a perpetrator of abuse, exploitation or neglect, the juvenile board
shall:
(A)
conduct the internal investigation or appoint an individual
who is not an employee of the juvenile probation department to conduct the
internal investigation;
(B)
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
(C)
submit a copy of the internal investigation to the Commission
within five calendar days following the completion of the internal investigation.
(c)
Treatment and Safety. The chief administrative officer
shall ensure that juveniles under supervision of the juvenile probation department
or participating in a juvenile justice program shall not be subjected to abuse,
exploitation or neglect as defined in Chapter 261, Texas Family Code.
§341.16.Testing.
The chief administrative officer shall make available testing for sexually
transmitted diseases including HIV for any juvenile designated as a victim
by the Commission in an investigation conducted under Chapter 349 of this
title, if the Commission determines the victim was sexually abused in a manner
by which HIV or any other sexually transmitted disease may be transmitted.
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 January 22, 2003.
TRD-200300384
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§341.20 - 341.23
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.
§341.20.Qualifications for Employment.
(a)
Certified juvenile probation officer qualifications for
employment shall adhere to the Texas Human Resources Code §141.061(a)
and any additional standards promulgated by the Commission.
(b)
One Year of Graduate Study Defined. The phrase "one year
of graduate study," in Texas Human Resources Code §141.061(a)(3)(A),
means at least 18 post-graduate credit hours earned in a behavioral science
field with certification from the school of enrollment attesting that the
student has an acceptable scholastic standing.
(c)
Internships. Internships may be counted toward meeting
one year's experience, where the duties performed were related to the field
of juvenile justice.
§341.21.Exemption from Qualifications.
(a)
The juvenile board, or chief administrative officer shall
apply to the Commission for exemption of the requirements of one year of experience
or graduate study prior to the employment of any individual who is hired for
the position of juvenile probation officer who does not meet the experience
or education requirements under Texas Human Resources Code §141.061.
If the chief administrative officer makes a request for exemption under this
section, the chief administrative officer shall in writing notify the juvenile
board of the request simultaneous with the request's submission to the Commission.
(b)
The exemption request shall be made using the form provided
by the Commission. The exemption request shall document that diligent efforts
were made to employ a juvenile probation officer with one year of experience
or graduate study and state why, in the requestor's opinion, the efforts were
unsuccessful.
§341.22.Criminal Records Check.
Prior to employing a person as a certified juvenile probation officer,
supervisor of juvenile probation officers, or chief administrative officer,
the chief administrative officer, juvenile board, or either's designee shall
initiate a criminal history check in accordance with the following guidelines.
(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 applicant resides; 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
section, 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 paragraph (1)(A)
or (1)(C) of this section.
(4)
A copy of the returned criminal history checks shall be
retained in the department's records.
(5)
Continued employment as a juvenile probation officer, supervisor
of juvenile probation officers, or as the chief administrative officer shall
be contingent upon the completion and return of criminal history checks that
show the individual has no disqualifying criminal history in accordance with §341.23
of this chapter.
§341.23.Disqualification from Employment.
(a)
Disqualifying Criminal History. A person with the following
criminal history shall be disqualified from employment as a juvenile probation
officer, supervisor of juvenile probation officers or chief administrative
officer:
(1)
a felony conviction against the laws of this state, another
state, or the United States within the past 10 years;
(2)
a deferred adjudication for a felony against the laws of
this state, another state, or the United States within the past 10 years;
(3)
current felony probation or parole;
(4)
a jailable misdemeanor conviction against the laws of this
state, another state or the United States within the past 5 years;
(5)
a deferred adjudication for a jailable misdemeanor against
the laws of this state, another state, or the United States within the past
5 years;
(6)
current misdemeanor probation or parole; or
(7)
registration as a sex offender under Chapter 62, Texas
Code of Criminal Procedure.
(b)
Revocation or Suspension.
(1)
Revocation. An individual whose certification has been
revoked by the Commission shall never qualify for employment as a juvenile
probation officer, supervisor of juvenile probation officers or chief administrative
officer.
(2)
Suspension.
(A)
An individual whose certification is currently under a
suspension order issued under §349.27(d)(2) of this title shall not qualify
for employment as a juvenile probation officer, supervisor of juvenile probation
officers or chief administrative officer so long as the suspension order remains
in effect.
(B)
An individual whose certification is currently under a
suspension order issued under §349.31 of this title shall not qualify
for employment as a juvenile probation officer until the Commission receives
an order issued under Texas Family Code §232.013 staying or vacating
the license suspension.
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 January 22, 2003.
TRD-200300385
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§341.28 - 341.30
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.
§341.28.Persons Who Must be Certified.
The chief administrative officer and any person hired as a juvenile
probation officer, or as a supervisor of juvenile probation officers shall
obtain and maintain an active juvenile probation officer certification from
the Commission in accordance with Chapter 349 of this title.
§341.29.Duties of Certified Juvenile Probation Officers.
(a)
In addition to any duties, responsibilities or powers granted
by Title III of the Texas Family Code, the following duties and responsibilities
shall be performed only by certified juvenile probation officers:
(1)
dispositional recommendations in formal court proceedings;
(2)
final approval of written social history reports;
(3)
acting as the primary supervising officer for all court
ordered and deferred prosecution cases;
(4)
writing and administering case plans in accordance with
the Commission's case management standards; and
(5)
if authorized by the juvenile board under Texas Family
Code §53.01, conducting intake interviews, investigations, and making
release decisions.
(b)
An individual hired as a juvenile probation officer, who
is not yet certified as a juvenile probation officer may perform the duties
under (a) so long as the individual:
(1)
has not worked for the probation department for more than
6 months from the individual's date of hire;
(2)
has received training on each duty listed under (a); and
(3)
has received training in recognizing and reporting abuse,
exploitation and neglect.
§341.30.Code of Ethics.
The people of Texas expect of juvenile probation officers, supervisors
of juvenile probation officers, and chief administrative officers unfailing
honesty, respect for the dignity and individuality of human beings, and a
commitment to professional and compassionate service. To this end the Commission
subscribes to the following principles.
(1)
Juvenile Probation Officers shall:
(A)
respect the authority and follow the directives of the
court, recognizing at all times that they are an extension of the court;
(B)
respect and protect the civil and legal rights of all children
and their parents;
(C)
serve each case with concern for the child's welfare and
with no purpose of personal gain;
(D)
encourage relationships with colleagues of such character
to promote mutual respect within the profession and improvement of its quality
of service;
(E)
respect the significance of all elements of the justice
and human services systems and cultivate a professional cooperation with each
segment;
(F)
respect and consider the right of the public to be safeguarded
from juvenile delinquency;
(G)
be diligent in their responsibility to record and make
available for review any and all case information which could contribute to
sound decisions affecting a client or the public safety;
(H)
report without reservation any corrupt or unethical behavior
which could affect either a child or the integrity of the department;
(I)
maintain the integrity of private information and not seek
personal data beyond that needed to perform their responsibilities, nor reveal
case information to anyone not having proper professional use for such;
(J)
respect, serve and empathize with the victims of law violations
allegedly committed by children; and
(K)
abide by all federal, state, and local laws and Commission
standards.
(2)
Juvenile Probation Officers shall not:
(A)
use their official position to secure privileges or advantages;
make statements critical of colleagues or their departments unless these are
verifiable and constructive in purpose;
(B)
permit personal interest to impair in the least degree
the objectivity which is to be maintained in their official capacity;
(C)
use their official position to promote any partisan political
purpose;
(D)
accept any gift or favor of a nature to imply an obligation
that is inconsistent with the free and objective exercise of professional
responsibilities;
(E)
make appointments, promotions or dismissals in furtherance
of partisan political interests;
(F)
maintain an inappropriate relationship with juveniles assigned
to their caseload, supervised by the juvenile probation department, or coming
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;
(G)
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;
(H)
be designated as a perpetrator in a Commission abuse, exploitation
and neglect investigation conducted under the authority of Texas Family Code
Chapter 261, and Title 37 Texas Administrative Code Chapter 349; and
(I)
interfere with or hinder a child abuse, exploitation and
neglect internal investigation conducted under §341.15(b)(3) of this
chapter or a Commission abuse, exploitation 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.
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 January 22, 2003.
TRD-200300386
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§341.35 - 341.41
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.
§341.35.Definitions.
The following words or terms, when used in this subchapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Case Plan--A written document that sets out actions and
goals for a juvenile to follow while under the supervision of the juvenile
court in order to make changes necessary to best meet the juvenile's status
and circumstances over time. The case plan is developed for each adjudicated
juvenile and addresses a juvenile's needs (e.g. educational, family, substance
abuse, mental health, etc.), risks of re-offending, level of supervision,
strengths and weaknesses, any appropriate intake information, strategies for
juvenile supervision findings if any, preliminary investigation information,
and victim impact statements utilizing all appropriate resources.
(2)
Case Plan Review--A written document that reviews and measures
the initial case plan's goals for progress, including the reassessment and
reevaluation of the juvenile's status, circumstances and resources.
(3)
Courtesy Supervision--A request from one Texas county (sending
county) to another Texas County (receiving county) requesting supervision
for an adjudicated juvenile who is or will be residing in the receiving county.
(4)
Exit Plan--The exit plan is the written document developed
for each juvenile that identifies the juvenile's needs for post-supervision
reintegration and specifies the community resources available to meet those
needs. The purpose of the exit plan is to facilitate a continuum of community
services to the juvenile and the juvenile's family after probation supervision
ends.
(5)
Field Supervision--Supervision ordered by a juvenile court
in accordance with Texas Family Code §54.04(d)(1)(A) where the child
is placed on probation in the child's home or in the custody of a relative
or another fit person.
(6)
Formal Referral--Occurs and should be counted when all
three of the following conditions exist:
(A)
delinquent conduct, conduct indicating a need for supervision
or violation of probation was allegedly committed;
(B)
the juvenile probation department has jurisdiction and
venue; and
(C)
either a face-to-face contact occurs with the office or
official designated by the juvenile board or written or verbal authorization
to detain is given by the office or official designated by the juvenile board.
(7)
Residential Placement--Supervision ordered by a juvenile
court in accordance with Texas Family Code §54.04(d)(1)(B) where the
juvenile is placed on probation outside the child's home in either a foster
home, or a public or private institution or agency.
(8)
Substitute Care Provider--A foster home, public or private
institution or agency that provides residential services to juveniles.
(9)
Supervision--Supervision involves the case management of
a juvenile by the assigned juvenile probation officer or designee through
contacts (face-to-face, telephone, office, home, collateral) with the juvenile,
juvenile's family, and other case planning participants.
(10)
TJPC Standard Screening Tool--An instrument provided by
the Texas Juvenile Probation Commission to assist in identifying juveniles
who may have mental health needs.
§341.36.Screening.
(a)
TJPC Standard Screening Tool. The TJPC Standard Screening
Tool shall be completed for all juveniles who receive a formal referral to
the juvenile probation department. If the TJPC Standard Screening Tool has
been completed within the previous two weeks and is contained in the juvenile's
case record, the department is not required to complete an additional screening.
(b)
Time of Screening.
(1)
Referrals Without Detention. The TJPC Standard Screening
Tool shall be administered no later than 14 calendar days from the first face-to-face
contact between the juvenile and a juvenile probation officer.
(2)
Referrals With Detention.
(A)
The TJPC Standard Screening Tool shall be administered
to each juvenile admitted into detention.
(B)
The TJPC Standard Screening Tool shall be administered
within 48 hours from the time the juvenile is admitted into detention.
(c)
Administration of Instrument. The TJPC Standard Screening
Tool shall be administered by an individual trained to administer the instrument.
(d)
Reports to the Commission. The summary scores of all juveniles
screened using the TJPC Standard Screening Tool and any other information
required by the Commission shall be electronically reported to the Commission
on a monthly basis under §341.49 of this chapter (CASEWORKER counties), §341.54
of this chapter (non-CASEWORKER counties), or through a separate database
provided by the Commission.
§341.37.Case Planning.
In accordance with §341.38 or §341.39 of this chapter, a
written case plan shall be developed and implemented for juveniles assigned
to progressive sanctions levels three through five and any juvenile given
determinate sentence probation under Texas Family Code §54.04(q).
§341.38.Field Supervision.
(a)
Initial Case Plan. The initial case plans for juveniles
placed on field supervision shall be:
(1)
developed in consultation with the juvenile's parent, guardian
or custodian, the juvenile and the supervising juvenile probation officer
and any other interested parties;
(2)
developed within 60 calendar days from the date of the
juvenile's disposition;
(3)
signed and dated by the juvenile, the juvenile's parent,
guardian or custodian, supervising juvenile probation officer and any interested
parties; and
(4)
maintained in the juvenile's case file with copies provided
to the juvenile and the juvenile's parent, guardian or custodian.
(b)
Case Plan Review.
(1)
Case plans shall be reviewed and updated:
(A)
at least every six months;
(B)
within 15 calendar days after a juvenile's probation is
modified by a court order; and
(C)
within 15 calendar days after acceptance of a juvenile's
case from another county for courtesy supervision.
(2)
The juvenile and at least one parent, guardian or custodian
and the supervising juvenile probation officer shall participate in the review
process.
(3)
The case plan review shall document the following:
(A)
appropriateness of the juvenile's current level of supervision
and services;
(B)
extent of the juvenile's compliance with the individualized
case plan;
(C)
extent of the juvenile's compliance with the conditions
of probation;
(D)
extent of progress toward the goals outlined in the case
plan;
(E)
a projection of a likely date the juvenile is expected
to complete probation; and
(F)
services assessed, offered or provided to the juvenile
and family to address identified risks and needs.
(4)
All case plan reviews shall be signed and dated by the
juvenile, the juvenile's parent, guardian, or custodian and the juvenile's
supervising juvenile probation officer.
(5)
Copies of every case plan review shall be maintained in
the juvenile's case file with copies provided to the juvenile and the juvenile's
parent, guardian or custodian.
§341.39.Residential Placement.
(a)
Initial Case Plan. The initial case plans for juveniles
placed in residential placement shall:
(1)
be developed and implemented within 30 calendar days of
the juvenile's initial date of placement;
(2)
be developed in consultation with the juvenile's parent,
guardian or custodian, the juvenile, the substitute care provider and the
supervising juvenile probation officer;
(3)
contain specific behavioral goals using the nine domains
outlined in Title 1 Part 15 Texas Administrative Code §351.13;
(4)
be signed by the juvenile and the juvenile's parent, guardian
or custodian and the juvenile's supervising probation officer; and
(5)
be retained in the juvenile's case file with copies provided
to the juvenile, the juvenile's parent, guardian or custodian and the substitute
care provider.
(b)
Case Plan Review.
(1)
Case plans shall be reviewed and updated at least every
90 calendar days.
(2)
The juvenile and at least one parent, guardian, or custodian
shall participate in the case plan review with the substitute care provider
and the juvenile's supervising juvenile probation officer.
(3)
The case plan reviews shall measure the juvenile's progress
toward meeting his/her goals using the six point scale outlined in Title 1
Part 15 Texas Administrative Code §351.13.
(4)
The outcome of the substitute care provider's service delivery
shall be assessed based on whether the child is progressing in fifty percent
or more of identified goals.
(5)
Case plan reviews shall be signed by the juvenile, the
juvenile's parent, guardian, or custodian and the supervising juvenile probation
officer.
(6)
Copies of every case plan review shall be retained in the
juvenile's case file.
§341.40.Level of Supervision.
(a)
The juvenile probation department shall adopt written criteria
the department will use to determine a juvenile's level of supervision, while
under field supervision.
(b)
The level of supervision shall be included in the juvenile's
written case plan, written under §341.35 of this chapter.
(c)
A minimum of one face-to-face-contact per month with the
juvenile is mandatory unless otherwise noted in the case plan.
§341.41.Exit Plan.
(a)
A written exit plan shall be developed prior to the juvenile's
scheduled release from probation.
(b)
An exit plan is to be provided at a date no later than
the date the juvenile successfully completes probation, unless the juvenile
was committed to the Texas Youth Commission.
(c)
The written exit plan shall be developed in consultation
with the juvenile, the juvenile's parent, guardian or custodian, and the supervising
juvenile probation officer.
(d)
The exit plan shall be signed and dated by the juvenile,
the juvenile's parent, guardian or custodian and the supervising juvenile
probation officer.
(e)
The original exit plan shall be placed in the juvenile's
case file.
(f)
Copies of the exit plan shall be provided to the juvenile
and the juvenile's parent, guardian, or custodian.
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 January 22, 2003.
TRD-200300387
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
1.
CASEWORKER SYSTEMS
37 TAC §§341.47 - 341.51
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.
§341.47.Definitions.
The following words or terms, when used during Division 1 of this subchapter
shall have the following meanings unless the context clearly indicates otherwise.
(1)
CASEWORKER--A personal computer-based tracking and case
management system, developed and supported by the Commission, that provides
juvenile probation officers a systematic method to track and manage juvenile
offender caseloads.
(2)
Data Coordinator--A person employed by a juvenile probation
department who is designated by the juvenile board to serve and function as
the primary contact with the Commission on all matters relating to data collection
and reporting.
(3)
TJPC Monthly Folder Extract--An automated process to extract
and submit modified case records from the department's CASEWORKER system to
the Commission. The extract created by CASEWORKER follows in accordance with
the Electronic Data Interchange Specifications.
(4)
Comprehensive Folder Edit--A report generated in CASEWORKER
that performs an extensive edit of the folder information. This report identifies
incorrectly entered data, unrecoverable files, and questionable data that
impact the accuracy of the reports and programs.
(5)
Electronic Data Interchange Specifications--Document developed
by the Commission outlining the data fields and file structures that each
department is required to follow in submitting the TJPC monthly folder extract.
The Electronic Data Interchange Specifications are published in Subchapter
I, §341.60 of this chapter.
§341.48.Data Coordinator.
(a)
Training Requirements.
(1)
The data coordinator shall have a thorough understanding
of the Commission reporting requirements and shall be trained in CASEWORKER
by the Commission.
(2)
Within 90 days from date of a new designation as data coordinator,
the new data coordinator shall attend CASEWORKER training provided by the
Commission.
(b)
Duties.
(1)
The data coordinator is responsible for ensuring that all
data submitted to the Commission by the local juvenile probation department
is accurate, timely, and consistent with the Commission reporting requirements.
(2)
The data coordinator shall ensure that the TJPC Monthly
Folder Extract is received on or by the applicable due date.
§341.49.TJPC Monthly Folder Extract.
(a)
The TJPC Monthly Folder Extract shall be sent to the Commission
via the Internet.
(b)
The extract is due to the Commission on the tenth day of
each month following the reporting period.
§341.50.Accuracy of Data.
(a)
Required Fields. The probation department shall fill in
all applicable data fields for each referral in their CASEWORKER system to
minimize missing information.
(b)
Comprehensive Folder Edit. Probation departments shall
run the Comprehensive Folder Edit on a monthly basis.
(c)
Errors. Errors detected by the Comprehensive Folder Edit,
a Commission monitoring visit, or the Commission Research and Planning Division
upon analysis shall be corrected prior to the next submission of the TJPC
Monthly Folder Extract.
§341.51.Security of Data.
(a)
Passwords.
(1)
Passwords shall be assigned by the CASEWORKER administrator
or management information systems administrator for each individual user and
should not be shared by employees or other persons.
(2)
Each department shall have a limited number of employees
that are authorized to delete information contained within CASEWORKER.
(3)
Access to the department's CASEWORKER system shall be removed
concurrent with the termination of the person's employment.
(b)
Backup and Restoration.
(1)
All juvenile probation departments shall adopt and follow
a written policy for the backup and restoration procedures relating to data,
requiring, at a minimum, a system backup once per week.
(2)
Departments must maintain at least five generations (copies)
of data backups.
(c)
Off-Site Storage.
(1)
All juvenile probation departments shall store a system
backup off-site to be accessible in case of a disaster at the department (fire,
tornado, etc).
(2)
An updated backup for off-site storage must be run at a
minimum of once a month, in addition to the five generations of backup.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 22, 2003.
TRD-200300388
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§341.52 - 341.56
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.
§341.52.Definitions.
The following words or terms, when used in Division 2 of this subchapter,
shall have the following meanings unless the context clearly indicates otherwise.
(1)
Data Coordinator--A person employed by a juvenile probation
department who is designated by the juvenile board to serve and function as
the primary contact with the Commission on all matters relating to data collection
and reporting.
(2)
TJPC Monthly Folder Extract--An automated process to gather
data relating to all case files in the case management system designed to
analyze crime and juvenile trends, program success, and profiling of juvenile
offenders. The extract shall be submitted in the format specified by the TJPC
Electronic Data Specifications.
(3)
Electronic Data Interchange Specifications--Document developed
by the Commission outlining the data fields and file structures that each
department is required to follow in submitting the TJPC Monthly Folder Extract.
The Electronic Data Interchange Specifications are published in Subchapter
I, §341.60 of this chapter.
§341.53.Data Coordinator.
(a)
Training Requirements. The data coordinator shall attend
training, as required and deemed necessary by the Commission, relating to
updates on statistical and research-based information and requirements.
(b)
Duties.
(1)
The data coordinator is responsible for ensuring that the
data submitted to the Commission by the local juvenile probation department
is accurate, timely, and consistent with the Commission reporting requirements.
(2)
The data coordinator shall ensure that the TJPC Monthly
Folder Extract is received on or by the applicable due date.
§341.54.TJPC Monthly Folder Extract.
(a)
The TJPC Monthly Folder Extract data shall be sent to the
Commission via the internet and shall include all data fields required by
the TJPC Electronic Data Interchange Specifications.
(b)
The extract is due to the Commission on the tenth day of
each month following the reporting period.
§341.55.Accuracy of Data.
(a)
Required Fields.
(1)
Departments shall fill in all applicable fields as specified
in the CASEWORKER Extract File Layout.
(2)
If the Commission requires additional fields, each department
shall update their case management system to include such information.
(b)
Maintaining Accuracy.
(1)
Each department shall have a written policy and procedure
to maintain accuracy of data submitted and methods of correcting errors.
(2)
Each department shall report data elements that are consistent
with the Commission definitions.
(c)
Errors. Errors detected by the department during daily
operation, or by the Commission during the annual monitoring visit or by the
Commission Research and Planning Division analysis shall be corrected prior
to the next submission of the TJPC Monthly Folder Extract.
§341.56.Security of Data.
(a)
Passwords.
(1)
Department users shall be required to obtain a password
to their case management system.
(2)
Each department shall have a written policy and procedure
to ensure secured access and to limit the number of employees that have access
to delete information from the case management system.
(3)
Access to the department case management system shall be
terminated for people no longer employed by the department.
(b)
Backup and Restoration. All juvenile probation departments
shall adopt and follow a written policy for backup and restoration.
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 January 22, 2003.
TRD-200300389
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §341.60
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.
§341.60.TJPC Monthly Folder Extract.
The TJPC Monthly Folder Extract data shall include all data fields
required by TJPC Electronic Data Interchange Specifications found in the figure
below.
Figure 1: 37 TAC §341.60 (.pdf format)
Figure 2: 37 TAC §341.60 (.pdf format)
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 January 22, 2003.
TRD-200300390
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§341.65 - 341.71
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.
§341.65.Definitions.
The words and terms when used in this subchapter shall have the following
meanings unless the context clearly indicates otherwise:
(1)
Approved Physical Restraint Technique ("physical restraint")--A
professionally trained restraint technique that uses a person's physical exertion
to completely or partially constrain another person's body movement without
the use of mechanical restraints. The approved physical restraint technique
shall be approved for use by the Commission and adopted by the juvenile board.
(2)
Approved Mechanical Restraint Devices ("mechanical restraint")--A
professionally manufactured mechanical device to aid in the restriction of
a person's bodily movement. The approved mechanical restraint shall be approved
by the Commission and adopted by the juvenile board. The following are Commission
approved mechanical restraint devices:
(A)
Ankle Cuffs--Metal, cloth or leather band designed to be
fastened around the ankle to restrain free movement of the legs;
(B)
Anklets--Cloth or leather band designed to be fastened
around the ankle or leg;
(C)
Handcuffs--Metal devices designed to be fastened around
the wrist to restrain free movement of the hands and arms;
(D)
Plastic Cuffs--Plastic devices designed to be fastened
around the wrist or legs to restrain free movement of hands, arms or legs;
(E)
Waist Band--A cloth, leather, or metal band designed to
be fastened around the waist used to secure the arms to the sides or front
of the body; and
(F)
Wristlets--A cloth or leather band designed to be fastened
around the wrist or arm which may be secured to a waist belt.
(3)
Restraints--Physical or mechanical restraint.
§341.66.Requirements.
The use of restraints shall be governed by the following criteria:
(1)
restraints shall only be used by juvenile probation officers;
(2)
prior to participating in any restraint juvenile probation
officers shall be:
(A)
certified in the use of the approved physical restraint
technique; and
(B)
trained in the use of all approved mechanical restraint
devices;
(3)
restraints shall only be used in instances of threat of
imminent self-injury, injury to others, or serious property damage;
(4)
restraints shall only be used as a last resort;
(5)
only the amount force and type of restraint necessary to
control the situation shall be used;
(6)
restraints shall be implemented in such a way as to protect
the health and safety of the juvenile and others; and
(7)
restraints shall be terminated as soon as the juvenile's
behavior indicates that the threat of imminent self-injury, injury to others,
or serious property damage has subsided.
§341.67.Prohibitions.
Restraints that employ a technique listed below are prohibited:
(1)
restraints used for punishment, discipline, retaliation,
harassment, compliance, or intimidation;
(2)
restraints that deprive the juvenile of basic human necessities
including restroom privileges, water, food and clothing;
(3)
restraints that are intended to inflict pain;
(4)
restraints that put a juvenile face down with sustained
or excessive pressure on the back or chest cavity;
(5)
restraints that put a juvenile face down with pressure
on the neck or head;
(6)
restraints that obstruct the airway or impair the breathing
of the juvenile;
(7)
restraints that restrict the juvenile's ability to communicate;
(8)
restraints that obstruct the view of the juvenile's face;
(9)
any technique that does not require the monitoring of the
juvenile's respiration and other signs of physical distress during the restraint;
and
(10)
percussive or electrical shocking devices.
§341.68.Documentation.
Documentation. Except as provided by §341.71(a) of this chapter,
all restraints shall be fully documented and maintained. Written documentation
regarding the use of restraints shall require at a minimum:
(1)
name of juvenile;
(2)
staff member(s) name and title(s) who administered the
restraint;
(3)
date of the restraint;
(4)
duration of the restraint including notation of the time
the restraint began and ended;
(5)
location of the restraint;
(6)
description of preceding activities;
(7)
behavior which prompted the restraint;
(8)
type of restraint applied;
(9)
efforts made to de-escalate the situation and alternatives
to restraint that were attempted; and
(10)
any injury that occurred during the restraint.
§341.69.Physical Restraint.
In addition to the requirements found in §341.66, §341.67,
and §341.68 of this subchapter, juvenile probation officers shall be
re-certified in the approved physical restraint technique at least every two
years.
§341.70.Mechanical Restraint.
In addition to the requirements found in §341.66, §341.67,
and §341.68 of this subchapter, the use of mechanical restraint, shall
be governed by the following criteria:
(1)
Requirements.
(A)
mechanical restraints shall only be used in a manner consistent
with their intended use; and
(B)
there shall be provisions for the inspection and maintenance
of mechanical restraint devices.
(2)
Prohibitions.
(A)
mechanical restraint devices shall not be altered from
the manufacturer's design;
(B)
a juvenile shall not be placed face down while restrained
in any mechanical restraint for a period of time longer than necessary to
apply the restraint devices;
(C)
a mechanical restraint shall not secure a juvenile in a
prone position with his or her arms and/or hands behind the juvenile's back
and secured to the juvenile's legs;
(D)
mechanical restraint devices shall not be secured so tightly
as to interfere with circulation nor so loosely as to cause chafing of the
skin;
(E)
mechanical restraint devices shall not be secured to a
stationary object;
(F)
a juvenile in mechanical restraints shall not participate
in any physical activity; and
(G)
plastic cuffs shall only be used in emergency situations.
§341.71.Transporting.
(a)
Mechanical restraints used during routine transportation
in a vehicle, or the taking of a juvenile into custody are not required to
be documented as a restraint.
(b)
During transportation of a juvenile in a vehicle the juvenile
may not be affixed to any part of the vehicle.
(c)
During transportation in a vehicle a juvenile may not be
secured to another juvenile.
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 January 22, 2003.
TRD-200300391
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§342.1 - 342.5
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Juvenile Probation Commission proposes
the repeal of Chapter 342, §§342.1 - 342.5, relating to standards
for housing out-of-state juveniles. The repeal is in an effort not to overlap
with new proposed standards in Chapter 342 which provide structural and substantive
changes from the current standards.
Erika Sipiora, Deputy General Counsel, has determined that for the first
five year period the repeals 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 repeals are in effect, the public benefit expected as a result of the
repeal 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 repeals.
Public comments on the repeals may be submitted to Kristy Carr at the Texas
Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711- 3547.
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 repeals.
§342.1.Authority To House Out-of-State Juvenile Inmates.
§342.2.Contracts with Other States for Housing Non-Texas Juvenile Inmates.
§342.3.Coordination with Law Enforcement.
§342.4.Required Reporting.
§342.5.Registration and Standards Compliance.
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 January 22, 2003.
TRD-200300410
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§342.1 - 342.3
The Texas Juvenile Probation Commission proposes new Chapter
342, §§342.1 - 342.3, relating to standards for housing out-of-state
juveniles. The proposed standards provide structural and substantive changes
from the current standards.
Erika Sipiora, Deputy General Counsel, has determined that for the first
five year period the new sections are in effect, there will be no fiscal implications
for state or local government or small businesses as a result of enforcement
or implementation.
Ms. Sipiora has also determined that for each year of the first five years
the new sections are in effect, the public benefit expected as a result of
enforcement will be the consistent standards to all counties across the State
of Texas which will provide TJPC with a more accurate account in evaluating
the effectiveness and services provided within the juvenile probation system.
There will be no impact on small business or individuals as a result of the
new sections.
Public comments on the proposed new sections may be submitted to Kristy
Carr at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas
78711-3547.
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.
§342.1.Authority To House Out-of-State Juvenile Inmates.
The only entities other than the state authorized to operate a correctional
facility in this state to house juvenile inmates convicted of offenses committed
against the laws of another state or the United States are:
(1)
a county juvenile board; or
(2)
a private vendor operating a correctional facility under
a contract with a county juvenile board.
§342.2.Registration and Standards Compliance.
(a)
Prior to receiving out-of-state juvenile inmates, each
facility shall:
(1)
be registered with TJPC; and
(2)
be in compliance with applicable TJPC standards.
(b)
A facility housing out-of-state juvenile inmates shall
identify the out-of-state populations served when registering the facility
with the Texas Juvenile Probation Commission.
(c)
The applicable TJPC standards apply to out-of-state inmates
housed in either a pre-adjudication secure detention facility, or a post-adjudication
secure correctional facility.
§342.3.Contracts with Other States for Housing Non-Texas Juvenile Inmates.
The facility administrator shall ensure that there is an annual contract
with each out-of-state entity that sends juvenile inmates to the Texas facility.
At a minimum, all contracts shall:
(1)
require that all juvenile inmates confined pursuant to
the contract be released within the jurisdiction of the sending entity;
(2)
require that all juvenile inmate records concerning classification
(A)
to include conduct records of:
(i)
escape;
(ii)
attempted escape; and
(iii)
institutional violence
(B)
be reviewed by the receiving entity prior to transfer of
the offender;
(3)
require that all appropriate medical information of juvenile
inmates be provided by the sending entity prior to transfer, to include certification
of tuberculosis screening or treatment;
(4)
require the receiving entity to determine juvenile inmate
custody level in accordance with comparable levels of custody for Texas juvenile
inmates, and that custody level assignments do not exceed the construction
security level availability.
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 January 22, 2003.
TRD-200300409
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
The Texas Juvenile Probation Commission proposes the repeal of Chapter
343, §§343.1 - 343.18, 343.25, 343.30 - 343.35, 343.40 - 343.44,
and 343.50 - 343.53, relating to standards for juvenile pre-adjudication secure
detention facilities. The repeal is in an effort to provide structural and
substantive changes from the current standards.
Luis Guerrero, Unit Coordinator-Field Services Division, has determined
that for the first five year period the repeal is in effect, there will be
no fiscal implications for state or local government or small businesses as
a result of enforcement or implementation.
Mr. Guerrero, has also determined that for each year of the first five
years the repeal is in effect, the public benefit expected as a result of
the repeal will provide Texas Juvenile Probation Commission 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 repeal.
Public comments on the repeal may be submitted to Kristy Carr at the Texas
Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711-3547.
Subchapter A. DEFINITIONS
37 TAC §343.1
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Juvenile Probation Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§343.1.Definitions.
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 January 22, 2003.
TRD-200300416
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§343.2 - 343.18
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§343.2.Administration Organization and Management.
§343.3.Supervision.
§343.4.Personnel.
§343.5.Management Information Systems.
§343.6.Residents' Records.
§343.7.Physical Plant.
§343.8.Security and Control.
§343.9.Rules and Discipline.
§343.10.Food.
§343.11.Hygiene.
§343.12.Medical and Mental Health Services.
§343.13.Intake, Admission and Release.
§343.14.Communications.
§343.15.Residents' Rights.
§343.16.Programs.
§343.17.Volunteers and Interns.
§343.18.Waivers.
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 January 22, 2003.
TRD-200300417
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §343.25
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Juvenile Probation Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§343.25.Hiring Juvenile Detention Officers.
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 January 22, 2003.
TRD-200300418
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§343.30 - 343.35
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§343.30.Persons Who Must be Certified.
§343.31.Certification.
§343.32.Recertification.
§343.33.Transfer of Certification.
§343.34.Expiration of Certification While Under Certification Suspension Order.
§343.35.Applicability.
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 January 22, 2003.
TRD-200300419
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§343.40 - 343.44
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§343.40.Training Hours.
§343.41.Training Hours for Trainers.
§343.42.Certification Training.
§343.43.Recertification Training.
§343.44.Applicability.
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 January 22, 2003.
TRD-200300420
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§343.50 - 343.53
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§343.50.Code of Ethics.
§343.51.Enforcement Procedures-Code of Ethics.
§343.52.Mandatory Certification Revocation.
§343.53.Mandatory Suspension for Failure to Pay Child Support.
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 January 22, 2003.
TRD-200300421
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
The Texas Juvenile Probation Commission proposes 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.
The proposed standards provide structural and substantive changes from the
current standards.
Luis Guerrero, Unit Coordinator-Field Services Division, 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.
Mr. Guerrero 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 consistent standards to all counties across the State
of Texas which will provide Texas Juvenile Probation Commission with a more
accurate account in evaluating the effectiveness and services provided within
the juvenile probation system. There will be no impact on small business or
individuals as a result of the new sections.
Public comments on the proposed new sections may be submitted to Kristy
Carr at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas
78711-3547.
Subchapter A. DEFINITIONS
37 TAC §343.1
The new section is proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the new section.
§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:
(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 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;
(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;
(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 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 January 22, 2003.
TRD-200300411
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§343.2 - 343.17
The new sections are proposed under §141.042 of the Texas
Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the new sections.
§343.2.Administration and Management.
(a)
Policies and Procedures. The juvenile board shall approve
policies and procedures for a facility or approve the policies and procedures
of a private provider operating a facility within its county under contract
with the juvenile board and/or the county.
(b)
Certification. The juvenile board's current facility certification
and the Commission's facility registration shall be posted within the facility
in a public area.
(c)
Facility Administrator.
(1)
There shall be a single facility administrator on-site
that is designated to oversee the daily operations of the facility.
(2)
A detention officer shall 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)
reviewing the facility's policy and procedure manual on
an annual basis and maintaining documentation of this review;
(2)
insuring that juvenile detention officers have a salary
scale adopted by the juvenile board;
(3)
insuring that juvenile detention officers employed by county
operated facilities receive all applicable benefits and allowances given to
other county employees;
(4)
maintaining personnel records for each employee which shall
include:
(A)
proof of age;
(B)
documentation of criminal background checks conducted under §343.15
of this chapter and §349.8 of this title;
(C)
the application for employment;
(D)
performance evaluations;
(E)
training records; and
(F)
documentation of promotion, demotion, termination and other
personnel actions.
§343.3.Treatment and Safety.
(a)
Serious Incidents. The facility administrator or designee
shall report to the Commission within 24 hours, the death, attempted suicide,
escape and any serious injury, including youth on youth assaults, that require
medical treatment by a physician or physician's assistant that occurs in a
facility.
(b)
Abuse, Exploitation and Neglect.
(1)
Any employee, volunteer or intern of a facility shall report
to the Commission and local law enforcement any allegation of abuse, exploitation
or neglect of a resident that occurs in or involves an employee, volunteer
or intern of a juvenile justice program, juvenile probation department, juvenile
justice alternative education program, pre-adjudication secure detention facility,
post adjudication secure correctional facility or short-term detention facility.
(2)
Any allegation of abuse, neglect or exploitation 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 Chapter
261.
(3)
A report of the alleged abuse, exploitation or neglect
under paragraph (1) of this subsection shall be made within 24 hours from
the time the allegation is made.
(c)
Internal Investigation.
(1)
An internal investigation shall be conducted of all allegations
of abuse, exploitation or neglect of a resident.
(2)
All employees, volunteers and interns shall fully cooperate
with any Commission investigation of alleged abuse, exploitation, or neglect
of a resident.
(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 residents in the facility, relatives of the alleged victim, participants
in a juvenile justice program or individuals under the jurisdiction of the
juvenile court.
(4)
At the conclusion of the internal investigation, the facility
administrator or designee shall take appropriate measures to provide for the
safety of the residents.
(5)
The facility administrator or designee shall submit a copy
of the internal investigation to the Commission within five calendar days
following the completion of the internal investigation.
(d)
Juvenile Board. In the event the facility administrator
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 facility to conduct the internal investigation;
(2)
until the conclusion of the internal investigation, place
the facility administrator on administrative leave, or ensure the facility
administrator has no contact with residents in the facility, relatives of
the alleged victim, participants in a juvenile justice program or individuals
under the jurisdiction of the juvenile court; and
(3)
the juvenile board or their designee shall submit a copy
of the internal investigation to the Commission within 5 calendar days following
the completion of the internal investigation.
(e)
Public Facilities. If the facility is operated by the juvenile
board and the chief administrative officer is not the facility administrator,
the chief administrative officer may perform the duties under subsection (d)
of this section.
§343.4.Data Collection.
The facility administrator shall ensure that accurate annual statistics
are gathered and recorded, including:
(1)
total number of admissions;
(2)
total days of care provided;
(3)
residents' age;
(4)
residents' gender;
(5)
residents' race;
(6)
referring/committing offense of residents;
(7)
length of stay;
(8)
average cost per resident per day;
(9)
total number of physical restraints applied;
(10)
total number of mechanical restraints applied;
(11)
total number of room confinements;
(12)
total number of resident related injuries to detention
staff; and
(13)
total number of incidents where chemical agents were applied.
§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;
(C)
a posted plan for prompt evacuation of the facility;
(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 Inspection/fire safety inspection
shall be completed prior to the facility becoming operational.
(2)
All subsequent facility Life Inspection/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;
(C)
the name and title of person conducting the inspection;
and
(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
(C)
cooling systems;
(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.
§343.6.Security and Control.
(a)
Policies. Written policies and procedures for security
and control of the facility shall include, but shall not be limited to, the
following:
(1)
continued operations in the event of a work stoppage;
(2)
key control;
(3)
control of the use of:
(A)
tools;
(B)
medical equipment; and
(C)
kitchen tools;
(4)
provisions to prevent firearms from entering the secure
area of the facility; and
(5)
provisions 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 the following conditions:
(1)
residents may be required to submit to a pat down/frisk
search as necessary for facility security;
(2)
residents may be required to submit to an oral cavity search
to prevent concealment of contraband, to ensure the proper administration
of medication, and as necessary for facility security;
(3)
residents may be required to surrender their clothing and
submit to a search as necessary for facility security;
(4)
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
(5)
an anal or genital body cavity search shall be conducted
only by a physician.
(c)
Special Incidents.
(1)
All special incidents including, but not limited to, riots,
rebellion, the taking of hostages, escapes, and assaults shall be reported
in writing to the facility administrator.
(2)
A copy of the report shall be placed in the permanent file
of the resident(s) involved in the incident.
(d)
Perimeter Security.
(1)
The facility shall be constructed so that residents remain
within the premises and the general public is denied access without authorization.
(2)
Perimeter security shall be maintained at all times.
(e)
Protective Confinement.
(1)
Protective confinement may be ordered when a resident is
threatened by the group.
(2)
This decision shall be approved in writing by the Facility
Administrator or designee.
(3)
While in protective confinement, a detention officer shall
observe and record the resident's behavior at staggered intervals not to exceed
every 15 minutes.
§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 intimidation or
discipline (except for post-adjudication military style programs).
(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.
§343.8.Food.
(a)
Nutritional Requirements. Meals shall meet the dietary
requirements of the United States Department of Agriculture school breakfast,
lunch, and dinner dietary allowances.
(b)
Menu Plans. The facility administrator or designee, shall
plan and follow daily menus.
(c)
Menu Content. Menus shall contain a variety of foods.
(d)
Modified Diets. Modified diets shall be provided in the
following circumstances:
(1)
upon the recommendation of a physician or dentist; or
(2)
when a resident's religious beliefs require it.
(e)
Staff Meals. Facility staff on duty where residents are
eating need not eat, but if they do, they shall eat the same food served to
the residents unless:
(1)
a special diet has been ordered by staffs' physician or
dentist; or
(2)
a special diet is required by staffs' religious beliefs.
(f)
Daily Schedule.
(1)
Three meals shall be provided daily.
(2)
Two of the meals shall be hot.
(3)
No more than 14 hours may elapse between the evening meal
and breakfast unless a snack is provided.
(4)
Residents shall be allowed no less than 10 minutes to eat.
§343.9.Hygiene.
(a)
Bedding and Towels.
(1)
Clean bed linens shall be issued weekly; and
(2)
clean towels shall be issued daily.
(b)
Housekeeping Plan. A written housekeeping plan shall be
followed which promotes cleanliness, facility sanitation, and control of vermin
and pests.
(c)
Clothing.
(1)
Clean socks and underclothing shall be issued daily; and
(2)
other clean clothing shall be issued at least twice per
week.
(d)
Personal Hygiene. Residents shall be required to bathe
or shower daily.
(e)
Hygiene Plan. Residents shall be given appropriate instruction
on hygiene and shall be required to comply with acceptable rules of personal
cleanliness and oral hygiene.
§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, licensed
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.
(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 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.
§343.11.Communications.
(a)
Visitation.
(1)
Written policies shall allow for regularly scheduled visitation
and procedures for emergency visitation.
(2)
The parents or guardians of the resident shall be provided
a copy of the visitation schedule.
(3)
A registry shall be maintained to document the name and
relationship to the resident of all visitors.
(4)
Attorneys and their representatives may visit residents
at any time.
(b)
Telephone.
(1)
Written policies shall allow reasonable and fair access
to telephones and detail the specific time, length, and other limitations
on calls.
(2)
The parents or guardians of the resident shall be provided
a copy of the policy.
(c)
Mail. Written policies governing correspondence 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)
probable cause exists to suspect that the 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, If such
cause exists, then facility staff shall:
(i)
ask the resident's permission to read the letter;
(ii)
if permission is denied, request a search warrant prior
to opening and reading the letter; and
(iii)
if a search warrant request is denied, the correspondence
shall be provided to the resident;
(B)
correspondence with certain individuals is specifically
forbidden by:
(i)
the resident's juvenile court ordered rules of probation
or parole;
(ii)
the facility's rules of separation; or
(iii)
a specific list of individuals furnished by a minor resident's
parents or guardian indicating who they feel should not communicate with the
resident.
(C)
Such incoming correspondence as identified in subparagraph
(B)(i) - (iii) of this paragraph shall be returned unopened to the sender.
(2)
Withholding mail. When mail is withheld from the resident,
the reasons shall be documented.
(3)
Materials and Postage. Residents shall be furnished with
writing materials and postage for no fewer than two letters per week.
(4)
Legal Correspondence. Residents shall be furnished adequate
postage for legal correspondence.
(5)
Forwarding Mail. Provisions shall be made to forward mail
when the resident is released or transferred.
(6)
Inspection.
(A)
Mail may be opened by staff only in the presence of the
resident with inspection limited to searching for contraband.
(B)
Money received in the mail shall be held for the resident
in their personal property inventory, with receipt provided, or returned to
the sender.
§343.12.Residents' Rights.
(a)
Illegal Discrimination. Residents shall not be subjected
to discrimination based on race, national origin, religion, sex, or disability.
(b)
Supervision. Residents shall not be subjected to supervision
and control by other residents.
(c)
Legal Counsel. Residents have the right to confidential
contact with attorneys through telephone, uncensored letters, and personal
visits.
(d)
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.
(e)
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.
(f)
Use of Medication. Except upon the order of a physician,
no stimulant, tranquilizer, or psychotropic drug shall be administered to
residents.
(g)
Experimentation. 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.
(i)
Religion. Residents may participate in religious services
and religious counseling voluntarily, subject to the limitations necessary
to maintain facility security and control.
(j)
Treatment and Safety. Residents shall not be subjected
to abuse, exploitation or neglect as defined in Chapter 261, Texas Family
Code.
§343.13.Volunteers and Interns.
If a facility has or develops a volunteer or internship program, the
juvenile board or board of a private facility shall adopt the following policies:
(1)
a description of the authority, responsibility and accountability
of volunteers and interns who work with the department;
(2)
performance of a Texas criminal history background search
(TCIC);
(3)
performance of a local law enforcement sex offender registration
records check in the city or county where the volunteer or intern resides;
(4)
selection and termination criteria including disqualification
based on criminal history;
(5)
orientation and training requirements including training
on recognizing and reporting abuse, exploitation and neglect;
(6)
a requirement that volunteers and interns meet minimum
applicable professional requirements; and
(7)
a provision for a volunteer and intern registry.
§343.14.Waivers and Variances.
Unless expressly prohibited by another standard, the juvenile board,
the chief administrative officer, or facility administrator, may make an application
for waiver and the juvenile board may make an application for variance of
any standard or standards adopted by the Commission in accordance with §349.2
of this title.
§343.15.Employment of Certified Juvenile Detention Officers.
(a)
Qualifications for Employment.
(1)
Certified Juvenile Detention Officers and Supervisors of
Certified Juvenile Detention Officers. An applicant for the position of a
certified juvenile detention officer, or supervisor of juvenile detention
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 §341.20 of this title; or
(B)
in accordance with §341.21 of this title, 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 who does not meet the experience or education requirements
under Texas Human Resource Code §141.061.
(b)
Criminal Records Check. Prior to employing a person as
a certified juvenile detention officer, supervisor of juvenile detention officers,
or facility administrator, the facility administrator, chief administrative
officer, juvenile board or either's designee shall initiate a criminal history
check in accordance with the following guidelines:
(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 applicant resides; 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 paragraph (1)(A)
or (C) of this subsection.
(4)
A copy of the returned criminal history checks shall be
retained in the facility's records.
(5)
Continued employment as a juvenile detention officer, supervisor
of juvenile detention officers or as the facility administrator shall be contingent
upon the completion and return of criminal history checks that show the individual
has no disqualifying criminal history in accordance with subsection (c)(1)
of this section.
(c)
Disqualification from Employment.
(1)
Criminal History. A person with the following criminal
history shall be disqualified from employment as a certified juvenile detention
officer, supervisor of juvenile detention officers, or facility administrator:
(A)
a felony conviction against the laws of this state, another
state, or the United States within the past 10 years;
(B)
a deferred adjudication for a felony offense against the
laws of this State, another State, or the United States within the past 10
years;
(C)
current felony probation or parole;
(D)
a jailable misdemeanor conviction against the laws of this
state, another state or the United States within the past 5 years;
(E)
a deferred adjudication for a jailable misdemeanor against
the laws of this state, another state, or the United States within the past
5 years;
(F)
current misdemeanor probation or parole; or
(G)
registration as a sex offender under Chapter 62, Texas
Code of Criminal Procedure.
(H)
Waiver/Variance. A waiver or variance under §349.2
of this title may not be requested for this section unless the person received
a pardon based upon proof of innocence or the reversal of a finding of guilt
by a trial or appellate court.
(2)
Revocation or Suspension.
(A)
Revocation. An individual whose certification has been
revoked by the Commission shall never qualify for employment as a certified
juvenile detention officer, supervisor of detention officers or administrative
officer.
(B)
Suspension.
(i)
An individual whose certification is currently under a
suspension order issued under §349.27(d)(2) of this title shall not qualify
for employment as a certified juvenile detention officer, supervisor of certified
juvenile detention officers, or administrative officer so long as the suspension
order remains in effect.
(ii)
An individual whose certification is currently under a
suspension order issued under §349.31(a) of this title shall not qualify
for employment as a certified juvenile detention officer, supervisor of certified
juvenile detention officers, or administrative officer until the Commission
receives an order issued under Texas Family Code §232.013 staying or
vacating the license suspension.
§343.16.Persons Who Must be Certified.
The facility administrator of a juvenile 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 in accordance with Chapter 349 of this title.
§343.17.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 Commission abuse, exploitation
and neglect investigation conducted under the authority of Texas Family Code
Chapter 261, and Chapter 349 of this title;
(I)
Interfere with or hinder an abuse, exploitation and neglect
internal investigation conducted under §343.3(c) of this title or a Commission
abuse, exploitation and neglect investigation conducted under the authority
of Texas Family Code Chapter 261, and Chapter 349 of this title, 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.
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 January 22, 2003.
TRD-200300412
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§343.30 - 343.37
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.
§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 medical 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.
(c)
Intake.
(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
(C)
the procedures to access medical care.
(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;
(C)
tuberculosis;
(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.
§343.31.Classification Plan.
Facilities with multiple housing units shall have a classification
plan that groups residents according to at least the following:
(1)
age;
(2)
gender;
(3)
offense;
(4)
behavior; and
(5)
any other special conditions.
§343.32.Supervision.
(a)
Minimum Requirements. At least two juvenile detention officers
shall be on duty at any time the facility has a resident. At least one of
the officers shall be certified.
(b)
Gender.
(1)
If residents of both genders are housed within the facility,
juvenile detention officers of both genders shall be on duty and available
to the residents for every shift.
(2)
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
juvenile detention officer of the same gender.
(c)
Ratios.
(1)
Supervision Ratio.
(A)
Unless the conditions under subparagraph (B) of this paragraph
apply, the juvenile detention officer to resident ratio shall not be less
than:
(i)
1 juvenile detention officer to every 12 residents during
program hours;
(ii)
1 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, when residents are physically
located in the designated multiple occupancy housing unit, the juvenile detention
officer to resident ratio shall not be less than 1 juvenile detention officer
to every 8 residents.
(2)
Facility Wide Ratio. The facility wide juvenile detention
officer to resident ratio shall not be less than:
(A)
1 juvenile detention officer to every 8 residents during
program hours; and
(B)
1 juvenile detention officer to every 18 residents during
non-program hours.
(3)
An individual hired as a juvenile detention officer, who
is not yet certified as a juvenile detention officer may count toward meeting
the supervision ratio and the facility wide ratio under paragraphs (1) and
(2) of this subsection so long as the individual:
(A)
has not worked for the secure detention facility for more
than 180 calendar days from the individual's date of hire;
(B)
has been certified in:
(i)
first aid;
(ii)
cardio-pulmonary resuscitation; and
(iii)
a TJPC approved physical restraint technique;
(C)
has received training in recognizing and reporting abuse,
exploitation and neglect; and
(D)
has received training on the contents and implementation
of the suicide prevention plan.
(4)
Primary Control Room(s). A juvenile detention officer stationed
in the facility's primary control room(s) shall not count toward meeting either
the minimum requirements under subsection (a) of this section, 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 juvenile detention officer, with the following exceptions:
(A)
Small Groups. No more than three 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)
Small Therapeutic Groups. A juvenile detention officer
shall provide constant visual supervision of any small group between four
and eight residents when those residents are working with a licensed or certified
mental health professional as defined by §343.1(19)(D) or (E) of this
chapter.
(C)
Visitation. Private visitation between one resident and
an attorney, authorized visitor, or clergy does not require the constant physical
presence of a juvenile detention officer.
(D)
Shift Change. If residents are placed in their rooms during
the facility's staff shift change, then a juvenile detention officer shall
observe and document each resident's behavior in staggered intervals not to
exceed 15 minutes.
(E)
Non-program Hours.
(i)
During non-program hours in single occupancy housing units,
juvenile detention officers shall visually observe each resident in staggered
intervals not to exceed 15 minutes.
(ii)
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.
(2)
Multiple Occupancy Housing.
(A)
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 juvenile detention officer.
(B)
If 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.
(C)
Juvenile detention officers shall document general observations
of dorm activity in staggered intervals not to exceed 15 minutes.
(3)
Video and audio monitoring devices shall not substitute
for supervision or observation by juvenile detention officers.
§343.33.Records.
(a)
Facility Records. The facility shall maintain:
(1)
a dated and signed record of entries by the staff supervising
the residents;
(2)
a daily report of admissions and releases; and
(3)
a single document to identify all residents in the facility
and their housing assignments.
(b)
Resident Records Maintenance. Resident records shall be
maintained in accordance with:
(1)
a uniform format for identifying and separating files;
and
(2)
procedures to ensure confidentiality of records.
(c)
Admission Records. At the time of admission, the following
information shall be documented in each resident's admission record:
(1)
date and time of admission;
(2)
name;
(3)
nicknames and aliases;
(4)
social security number;
(5)
last known address;
(6)
detention criteria as required by the Texas Family Code §53.02(b);
(7)
referring offense;
(8)
name of attorney;
(9)
name, title, and signature of delivering individual;
(10)
gender ;
(11)
race;
(12)
date of birth;
(13)
place of birth;
(14)
citizenship;
(15)
current education level;
(16)
last school attended;
(17)
name, relationship, address, and phone number of parents,
guardian, or persons with whom the resident resides at admission, and;
(18)
health assessment.
(d)
Resident Record Contents. Each resident's record shall
include at least the following:
(1)
offense report, offense narrative, arrest warrant or directive
to apprehend;
(2)
inventory of cash and property surrendered signed by resident
and detention officer;
(3)
list of approved visitors;
(4)
name of assigned probation officer;
(5)
record of resident's notification of program rules and
disciplinary policy;
(6)
record of resident's notification of the facility's grievance
procedures;
(7)
behavioral record including any special incidents, discipline,
or grievances;
(8)
referrals to other agencies; and
(9)
final release or transfer report.
§343.34.Sleeping Units.
(a)
Single Occupancy Sleeping Units. Sleeping units shall be
utilized as single occupancy, except for all juvenile detention units designed
for multiple occupancy.
(1)
Sleeping units shall have a minimum ceiling height of seven
and one-half feet.
(2)
Sleeping units shall have a minimum of 60 square feet of
floor space.
(3)
Residents held in sleeping units shall have access to
(A)
a toilet above floor level;
(B)
a washbasin;
(C)
drinking water;
(D)
running water; and
(E)
a bed above floor level.
(4)
There shall be separate sleeping units for male and female
residents.
(b)
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 June 5, 2001.
(1)
The capacity of multiple occupancy sleeping units shall
not exceed 25 percent of the design capacity of the facility.
(2)
No more than eight residents shall be housed in each multiple
occupancy sleeping unit.
(3)
Separate units shall be provided for male and female residents.
(4)
Multiple occupancy sleeping units shall have a minimum
ceiling height of seven and one half feet.
(5)
Multiple occupancy sleeping units shall have a minimum
of thirty-five unencumbered square feet of floor space per resident.
(6)
Multiple occupancy sleeping units shall have one bed above
floor level for every resident assigned to the unit.
(7)
Multiple occupancy sleeping units shall have within the
unit, so that residents have access without having to be escorted out of the
unit, to:
(A)
toilets (ratio of 1 toilet per 4 residents);
(B)
washbasins (ratio of 1 washbasin per 8 residents); and
(C)
drinking water.
(8)
Residents 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 §343.35(a)(1) - (3) of this chapter.
§343.35.Multiple Occupancy Sleeping Units.
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 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 will not 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 that could impose a threat
to the health and safety of others.
(3)
Administrative Approval. The placement of any resident
into a multiple occupancy sleeping unit shall be approved by the facility
administrator or designee.
§343.36.Physical Plant.
(a)
The facility shall provide space for an exercise area.
(b)
Common Activity Area. The facility's total common activity
area shall encompass no less than 100 square feet of floor space per resident.
§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.
(c)
Recreation.
(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 and meet state and federal
child labor laws unless it involves court-ordered community service restitution.
(2)
Residents shall not be required to perform personal services
for staff.
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 January 22, 2003.
TRD-200300413
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§343.45 - 343.52
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.
§343.45.Intake, Admission and Release.
(a)
Intake. Anyone presented for admission to the facility
and in need of emergency medical care due to injury, illness or intoxication
or in need of emergency mental health intervention shall not be admitted into
the facility.
(1)
The referring person shall be directed to a health care
facility to have the individual evaluated and treated.
(2)
Subsequent admission to the facility is contingent upon
written clearance provided by a medical or mental health professional.
(b)
Intoxicated Individuals.
(1)
Anyone admitted to the facility shall be assessed to determine
the need for detoxification from alcohol or other substances.
(2)
Intoxicated individuals who have been medically cleared
for admission shall be placed under medical confinement in accordance with §343.10(d)
of this chapter.
(c)
Records. Prior to a resident's admission, the facility
shall receive from the referring agency:
(1)
a completed State of Texas common application form except
when the facility is operated by the referring agency;
(2)
a psychological evaluation completed within one year prior
to the resident's admission date;
(3)
a signed court order;
(4)
an immunization record; and
(5)
a medical examination that:
(A)
was completed within 30 calendar days prior to the resident's
admission date; and
(B)
includes documentation that a tuberculosis test was administered
and results were received.
(d)
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;
(C)
tuberculosis; and
(D)
sexually transmitted and 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;
(9)
a copy of the completed TJPC standard screening tool; and
(10)
evidence of physical trauma.
(e)
Screening Results. 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.
(f)
Orientation.
(1)
A juvenile 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)
grievance policy and procedure;
(B)
the procedures to access medical care; and
(C)
facility's program rules.
(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 will be made to provide the resident with an orientation
in their primary language within 48 hours of admission.
(g)
Bedding. Each resident shall be provided suitable clean
bedding, including sheets, pillow and pillowcase, mattress, and a blanket.
(h)
Personal Property. Written policy shall describe the procedures
regarding the handling of residents' personal property held by the facility.
(i)
Release. Procedures for releasing juveniles shall include:
(1)
verification of identity of person receiving custody;
(2)
verification of release authorization;
(3)
signed release by resident for return of personal property;
and
(4)
receipt signed by person receiving custody.
§343.46.Classification Plan.
(a)
Classification Plan. Housing assignments shall be made
according to a written classification plan that takes into account the following:
(1)
age;
(2)
gender;
(3)
offense history;
(4)
behavior; and
(5)
any special conditions.
(b)
Segregation. The classification plans shall require that
residents assigned to progressive sanctions level 5 and below be physically
segregated from residents assigned to progressive sanctions levels 6 and 7.
§343.47.Supervision.
(a)
Minimum Requirements. At least two juvenile detention officers
shall be on duty at any time the facility has a resident. At least one of
the officers shall be certified.
(b)
Gender.
(1)
If residents of both genders are housed within the facility,
juvenile detention officers of both genders shall be on duty and available
to the residents for every shift.
(2)
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
detention officer of the same gender.
(c)
Ratios.
(1)
Supervision Ratio. The juvenile detention officer to resident
ratio shall not be less than:
(A)
1 juvenile detention officer to every 12 residents during
program hours;
(B)
1 juvenile detention officer to every 24 residents during
non-program hours.
(2)
Facility Wide Ratio. The facility wide juvenile detention
officer to resident ratio shall not be less than:
(A)
1 juvenile detention officer to every 8 residents during
program hours;
(B)
1 juvenile detention officer to every 20 residents during
non-program hours; and
(C)
A post-adjudication facility located in the same building
as a pre-adjudication facility shall maintain a ratio of 1 juvenile detention
officer to every 18 residents during non-program hours.
(3)
An individual hired as a juvenile detention officer, who
is not yet certified as a juvenile detention officer may count toward meeting
the supervision ratio under paragraph (1) of this subsection and the facility
wide ratio under paragraph (2) of this subsection so long as the individual:
(A)
has not worked for the secure correctional facility for
more than 180 calendar days from the individual's date of hire;
(B)
has been certified in first aid, cardio-pulmonary resuscitation,
and an approved physical restraint technique;
(C)
has received training in recognizing and reporting abuse,
exploitation and neglect; and
(D)
has received training on the contents and implementation
of the suicide prevention plan.
(4)
Primary Control Room(s). A juvenile detention officer stationed
in the facility's primary control room(s) shall not count toward meeting either
the minimum requirements under subsection (a) of this section, the supervision
ratio under paragraph (1) of this subsection or the facility-wide ratio under
paragraph (2) of this subsection.
(d)
Level of Supervision. A resident shall be in the constant
physical presence of a juvenile detention officer, with the following exceptions:
(1)
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.
(2)
Small Therapeutic Groups. A juvenile detention officer
shall provide constant visual supervision of any small group between four
and eight residents when those residents are working with a licensed or certified
mental health professional as defined by §343.1(19)(D) or (E) of this
chapter.
(3)
Visitation. Private visitation between one resident and
an attorney, authorized visitor, or clergy does not require the constant physical
presence of a juvenile detention officer.
(4)
Shift Change. If residents are placed in their rooms during
the facility's staff shift change, then a detention officer shall observe
and document each resident's behavior in staggered intervals not to exceed
15 minutes.
(5)
Non-Program Hours.
(A)
During non-program hours, juvenile detention officers shall
visually observe each resident in staggered intervals not to exceed 15 minutes.
(B)
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.
(e)
Technology. Video and audio monitoring devices shall not
substitute for supervision and observation by detention officers.
§343.48.Records.
(a)
Facility Records. The facility shall maintain:
(1)
a dated and signed record of entries by the staff supervising
the residents;
(2)
a daily report of admissions and releases; and
(3)
a single document to identify all residents in the facility
and their housing assignments.
(b)
Resident Records Maintenance. Resident records shall be
maintained in accordance with:
(1)
a uniform format for identifying and separating files;
and
(2)
procedures to ensure confidentiality of records.
(c)
Admission Records. At the time of admission, the following
information shall be documented in each resident's admission record:
(1)
date and time of admission;
(2)
name;
(3)
nicknames and aliases;
(4)
social security number;
(5)
last known address;
(6)
adjudicated offense;
(7)
name of attorney;
(8)
name, title, and signature of delivering individual;
(9)
court order;
(10)
race;
(11)
gender;
(12)
date of birth;
(13)
citizenship;
(14)
place of birth;
(15)
educational level;
(16)
last school attended and school records;
(17)
name, relationship, address, and phone number of parents,
guardian, or persons with whom juvenile resides at the time of admission;
(18)
health assessment;
(19)
immunization records;
(20)
documentation of any need for services for the disabled;
(21)
medical evaluation;
(22)
dental evaluation;
(23)
psychological evaluation;
(24)
signed release by a physician for juveniles placed in
Military Style Programs; and
(25)
a common application, except when the facility is operated
by the referring agency.
(d)
Resident Record Contents. Each resident's record shall
include at least the following:
(1)
delinquent history;
(2)
inventory of cash and property surrendered signed by resident
and juvenile detention officer;
(3)
list of approved visitors;
(4)
name of assigned probation officer;
(5)
behavioral record including any special incidents, discipline
or grievances;
(6)
progress reports;
(7)
record of resident's notification of the program rules
and disciplinary policy;
(8)
record of the resident's notification of the facility's
grievance policy;
(9)
individual program and treatment plan; and
(10)
final release and transfer report.
§343.49.Sleeping Units.
(a)
Floor space for sleeping areas in which residents are confined
shall conform to the following minimum requirements:
(1)
Single Occupancy: 60 total square feet.
(2)
Multiple Occupancy: 35 unencumbered square feet of shared
common area per resident.
(b)
Each sleeping room shall have at a minimum the following
facilities and conditions:
(1)
access to toilet facilities that shall be available for
use 24 hours a day;
(2)
access to a washbasin with hot and cold running water;
(3)
a bed above floor level; and
(4)
bunk beds, if utilized, shall not exceed two levels.
§343.50.Physical Plant.
(a)
Day Rooms
(1)
Day rooms shall provide a minimum of 35 square feet of
space per resident (exclusive of lavatories, showers, and toilets) for every
resident using the day room at one time.
(2)
Day rooms shall provide sufficient seating and writing
surfaces for every resident using the day room at one time.
(b)
Exercise Areas. The facility shall provide space for an
indoor and outdoor exercise area.
§343.51.Rules and Discipline.
(a)
Notification and Due Process.
(1)
Residents sanctioned for major rules violations shall be
given written notice of the rule violation and the sanction imposed at the
time the sanction is imposed.
(2)
The resident may request an informal appeal.
(3)
If the resident is not satisfied after the informal appeal,
the resident may request a disciplinary hearing.
(b)
Disciplinary Hearing.
(1)
Disciplinary hearings shall be conducted by an impartial
person or panel of persons.
(2)
Disciplinary hearings shall be conducted no later than
seven calendar days, excluding weekends and holidays, from the date of request.
(3)
Residents shall have an opportunity to make a statement,
present evidence at the hearings, and request witnesses on their behalf.
(4)
Record.
(A)
A written record shall be made of the hearing's disposition.
(B)
A copy of the hearing disposition shall be given to the
resident.
(C)
The disposition notice and the supporting documents shall
be kept in the resident's file.
(5)
When a resident is found not to have committed a rule violation:
(A)
the disciplinary report shall be removed from the resident's
file; and
(B)
all privileges removed shall be restored.
(6)
Appeal
(A)
Residents shall have the right to appeal decisions of the
disciplinary committee to the facility administrator or designee.
(B)
Residents shall have no less than five but no more than
15 calendar days after receipt of the decision to submit an appeal.
(C)
The appeal shall be decided within 30 calendar days of
its receipt; and
(D)
The resident shall be promptly notified in writing of the
results.
§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.
(1)
The facility shall develop an individualized treatment
plan in collaboration with the juvenile probation department in accordance
with the following:
(A)
The Individualized Treatment Plan shall:
(i)
be developed and implemented within 30 calendar days of
the resident's initial date of placement;
(ii)
be developed in consultation with the resident's parent,
guardian or custodian, the resident, and the supervising juvenile probation
officer;
(iii)
contain specific behavioral goals using the nine domains
outlined in Title 1, Part 15, §351.13 of the Texas Administrative Code;
(iv)
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
(v)
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.
(B)
Individualized Treatment Plan Review.
(i)
Treatment plans shall be reviewed and updated every 90
calendar days.
(ii)
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.
(iii)
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.
(iv)
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.
(v)
Treatment plan reviews shall be signed by the resident,
the resident's parent, guardian, or custodian and the supervising juvenile
probation officer.
(vi)
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
(C)
exercise time limits.
(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 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 January 22, 2003.
TRD-200300414
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§343.60 - 343.68
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.
§343.60.Definitions.
The following words and terms when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Approved Physical Restraint Technique ("physical restraint")--A
professionally trained restraint technique that uses a person's physical exertion
to completely or partially constrain another person's body movement without
the use of mechanical restraints. The approved physical restraint technique
shall be approved for use by the Commission and adopted by the juvenile board.
(2)
Approved Mechanical Restraint Devices ("mechanical restraint")--A
professionally manufactured mechanical device to aid in the restriction of
a person's bodily movement. The approved mechanical restraint shall be approved
by the Commission and adopted by the juvenile board. The following are Commission
approved mechanical restraint devices:
(A)
Ankle Cuffs--Metal, cloth or leather band designed to be
fastened around the ankle to restrain free movement of the legs;
(B)
Anklets--Cloth or leather band designed to be fastened
around the ankle or leg;
(C)
Handcuffs--Metal devices designed to be fastened around
the wrist to restrain free movement of the hands and arms;
(D)
Plastic Cuffs--Plastic devices designed to be fastened
around the wrist or legs to restrain free movement of hands, arms or legs;
(E)
Restraint Chair--A professionally manufactured security
restraining device that may utilize a combination of handcuffs, leg cuffs,
and restraining straps in a specially designed upright contoured chair to
provide effective containment of a resident;
(F)
Waist Band--A cloth, leather, or metal band designed to
be fastened around the waist used to secure the arms to the sides or front
of the body; and
(G)
Wristlets--A cloth or leather band designed to be fastened
around the wrist or arm which may be secured to a waist belt.
(3)
Chemical Restraint--The application of a chemical agent
on a resident or residents.
(4)
Four Point Restraint--The use of mechanical restraint devices,
applied to each of a resident's wrists and ankles, used to secure a resident
face up to a professionally manufactured bed.
(5)
Physical Escort--Touching or holding a resident with a
minimum use of force for the purpose of directing the resident's movement
from one place to another. A physical escort is not considered a physical
restraint.
(6)
Protective Devices--Professionally manufactured devices
used for the protection of residents or staff that do not restrict the movement
of a resident. Protective devices are not considered mechanical restraint
devices.
(7)
Restraints--Physical, mechanical, or chemical restraint.
§343.61.Requirements.
The use of restraints in a facility shall be governed by the following
criteria:
(1)
restraints shall only be used by juvenile probation and
detention officers;
(2)
prior to participating in any restraint juvenile probation
officers and juvenile detention officers shall be:
(A)
certified in the use of the approved physical restraint
technique;
(B)
trained in the use all approved mechanical restraint devices;
and
(C)
trained in the use of any approved chemical agents;
(3)
restraints shall only be used in instances of threat of
imminent self-injury, injury to others, serious property damage, or prevention
of escapes;
(4)
restraints shall only be used as a last resort;
(5)
only the amount of force and type of restraint necessary
to control the situation shall be used;
(6)
restraints shall be implemented in such a way as to protect
the health and safety of the resident and others; and
(7)
restraints shall be terminated as soon as the resident's
behavior indicates that the threat of imminent self-injury, injury to others,
serious property damage, or prevention of escape has subsided.
§343.62.Prohibitions.
Restraints that employ a technique listed below are prohibited:
(1)
restraints used for punishment, discipline, retaliation,
harassment, compliance, intimidation, or as a substitute for room restriction
or confinement;
(2)
restraints that deprive the resident of basic human necessities
including restroom privileges, water, food and clothing;
(3)
restraints that are intended to inflict pain;
(4)
restraints that put a resident face down with sustained
or excessive pressure on the back or chest cavity;
(5)
restraints that put a resident face down with pressure
on the neck or head;
(6)
restraints that obstruct the airway or impair the breathing
of the resident;
(7)
restraints that restrict the resident's ability to communicate;
(8)
restraints that obstruct the view of the resident's face;
(9)
any technique that does not require the monitoring of the
resident's respiration and other signs of physical distress during the restraint;
and
(10)
percussive or electrical shocking devices.
§343.63.Documentation.
Documentation. Except as required by §343.68(c) of this chapter
all restraints shall be fully documented and maintained. Written documentation
regarding the use of restraints shall require at a minimum:
(1)
name of resident;
(2)
staff member(s) name and title(s) who administered the
restraint;
(3)
date of the restraint;
(4)
duration of the restraint including notation of the time
the restraint began and ended;
(5)
location of the restraint;
(6)
description of preceding activities;
(7)
behavior which prompted the restraint;
(8)
type of restraint applied;
(9)
efforts made to de-escalate the situation and alternatives
to restraint that were attempted; and
(10)
any injury that occurred during the restraint.
§343.64.Physical Restraint.
In addition to the requirements found in §§343.61 - 343.63
of this chapter, juvenile probation and detention officers shall be re-certified
in the approved physical restraint technique at least every two years.
§343.65.Mechanical Restraint.
In addition to the requirements found in §§343.61 - 343.63
of this chapter, the use of mechanical restraint, except the restraint chair
shall be governed by the following criteria:
(1)
Requirements.
(A)
mechanical restraints shall only be used in a manner consistent
with their intended use;
(B)
there shall be provisions for the inspection and maintenance
of mechanical restraint devices; and
(C)
mechanical restraints may be used when moving a resident
from point to point within the facility. The mechanical restraint shall terminate
upon completion of the resident's relocation.
(2)
Prohibitions.
(A)
mechanical restraint devices shall not be altered from
the manufacturer's design;
(B)
a resident shall not be placed face down while restrained
in any mechanical restraint for a period of time longer than necessary to
apply the restraint devices;
(C)
a mechanical restraint shall not secure a resident in a
prone position with his or her arms and/or hands behind the resident's back
and secured to the resident's legs;
(D)
mechanical restraint devices shall not be secured so tightly
as to interfere with circulation nor so loosely as to cause chafing of the
skin;
(E)
mechanical restraint devices shall not be secured to a
stationary object except when complete immobilization is required by four-point
restraint;
(F)
a resident in mechanical restraints shall not participate
in any physical activity; and
(G)
plastic cuffs shall only be used in emergency situations.
§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
(C)
only a juvenile probation or detention officer who has
been trained in the proper use of the restraint chair shall:
(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)
licensed practicing nurse (LPN);
(VII)
physician assistant (PA); or
(VIII)
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;
(C)
supervision procedures for a resident placed in the chair;
(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
(C)
any medical checks conducted under paragraph (1)(E)(iii)
of this section.
(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.
§343.67.Chemical Agents.
In addition to the requirements found in §§343.61 - 343.63
of this chapter, the use of chemical agents shall be governed by the following
criteria:
(1)
the juvenile board shall authorize under which situations
chemical agents may be used;
(2)
immediately following the use of a chemical agent, exposed
residents shall be examined by a medical professional and treated if necessary;
(3)
in all cases, the use of a chemical agent shall be witnessed
by a staff member other than the juvenile detention officer or juvenile probation
officer using the agent; and
(4)
any use of a chemical agent is to be reported to the facility
administrator immediately after the incident.
§343.68.Transporting Residents Outside Facility.
(a)
During transportation of a resident in a vehicle, the resident
may not be affixed to any part of the vehicle.
(b)
During transportation in a vehicle, a resident may not
be secured to another resident.
(c)
Mechanical restraints used during routine transportation
in a vehicle, or movement of a resident from the facility to another location
outside the facility are not required to be documented as a restraint.
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 January 22, 2003.
TRD-200300415
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
The Texas Juvenile Probation Commission proposes the repeal of Chapter
344, §§344.1 - 344.17, 344.25, 344.30 - 344.35, 344.40 - 344.44,
and 344.50 - 344.53, relating to standards for Juvenile Post-Adjudication
Secure Correctional Facilities. The repeal is in an effort not to overlap
with new proposed standards in Chapter 343 which provide structural and substantive
changes from the current standards.
Luis Guerrero, Unit Coordinator-Field Services Division, has determined
that for the first five year period the repeal is in effect, there will be
no fiscal implications for state or local government or small businesses as
a result of enforcement or implementation.
Mr. Guerrero, has also determined that for each year of the first five
years the repeal is in effect, the public benefit expected as a result of
the repeal will provide Texas Juvenile Probation Commission 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 repeal.
Public comments on the repeal may be submitted to Kristy Carr at the Texas
Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711-3547.
Subchapter A. DEFINITIONS
37 TAC §344.1
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Juvenile Probation Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§344.1.Definitions.
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 January 22, 2003.
TRD-200300422
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§344.2 - 344.17
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§344.2.Administration, Organization and Management.
§344.3.Personnel.
§344.4.Management Information System.
§344.5.Juvenile's Records.
§344.6.Physical Plant.
§344.7.Security and Control.
§344.8.Rules and Discipline.
§344.9.Food Services.
§344.10.Hygiene.
§344.11.Medical and Health Care Services.
§344.12.Intake, Admission, and Release.
§344.13.Communications.
§344.14.Juvenile Rights.
§344.15.Programs.
§344.16.Volunteers and Interns.
§344.17.Waiver to Standards.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 22, 2003.
TRD-200300423
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §344.25
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Juvenile Probation Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§344.25.Hiring Juvenile Corrections Officers.
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 January 22, 2003.
TRD-200300424
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§344.30 - 344.35
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§344.30.Persons Who Must be Certified.
§344.31.Certification.
§344.32.Recertification.
§344.33.Transfer of Certification.
§344.34.Expiration of Certification While Under Certification Suspension Order.
§344.35.Applicability.
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 January 22, 2003.
TRD-200300425
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§344.40 - 344.44
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§344.40.Training Hours.
§344.41.Training Hours for Trainers.
§344.42.Certification Training.
§344.43.Recertification Training.
§344.44.Applicability.
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 January 22, 2003.
TRD-200300426
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§344.50 - 344.53
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
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.
§344.51.Enforcement Procedures--Code of Ethics.
§344.52.Mandatory Certification Revocation.
§344.53.Mandatory Suspension for Failure to Pay Child Support.
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 January 22, 2003.
TRD-200300427
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §345.1, §345.2
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Juvenile Probation Commission proposes
the repeal of Chapter 345, §345.1 and §345.2, relating to standards
for Community Corrections Assistance Program and Post-Adjudication Secure
Facilities. The repeal is in an effort not to overlap with provisions in the
Commission's state aid contract with all Texas Juvenile Boards.
Erika Sipiora, Deputy General Counsel, has determined that for the first
five year period the repeal is in effect, there will be no fiscal implications
for state or local government or small businesses as a result of enforcement
or implementation.
Ms. Sipiora, has also determined that for each year of the first five years
the repeal is in effect, the public benefit expected as a result of the repeal
will be the elimination of repetitive rules. There will be no impact on small
business or individuals as a result of the repeal.
Public comments on the repeal may be submitted to Kristy Carr at the Texas
Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711- 3547.
The repeal is proposed under §141.042 of the Texas Human
Resource Code, which provides the Texas Juvenile Probation Commission with
the authority to adopt reasonable rules which provide minimum standards for
juvenile boards.
No other code or article is affected by the repeal.
§345.1.Definitions.
§345.2.Purpose.
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 January 22, 2003.
TRD-200300428
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§347.1, 347.3, 347.5, 347.7, 347.9, 347.11, 347.13, 347.15, 347.17, 347.19, 347.21
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Juvenile Probation Commission proposes
the repeal of Chapter 347, §§347.1, 347.3, 347.5, 347.7, 347.9,
347.11, 347.13, 347.15, 347.17, 347.19, 347.21, relating to standards for
Title IV-E Federal Foster Care Programs. The repeal is in an effort not to
overlap with new proposed standards in Chapter 347 which provide structural
and substantive changes from the current standards.
Pamela Gereau, Federal Programs Specialist, has determined that for the
first five year period the repeal is in effect, there will be no fiscal implications
for state or local government or small businesses as a result of enforcement
or implementation.
Ms. Gereau, Federal Programs Specialist, has also determined that for each
year of the first five years the repeal is in effect, the public benefit expected
as a result of the repeal will provide TJPC with a more accurate account in
evaluating the effectiveness of the Title IV-E Federal Foster Care Program
within the juvenile probation system. There will be no impact on small business
or individuals as a result of the repeal.
Public comments on the repeal may be submitted to Kristy Carr at the Texas
Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711- 3547.
The repeal is proposed under §141.042 of the Texas Human
Resource Code, which provides the Texas Juvenile Probation Commission with
the authority to adopt reasonable rules which provide minimum standards for
juvenile boards.
No other code or article is affected by the repeal.
§347.1.Introduction.
§347.3.Definitions.
§347.5.Specific Language Required in Court Orders.
§347.7.Screening and Certification of IV-E Juveniles.
§347.9.Placement in IV-E Approved Facilities.
§347.11.Eligibility Recertification.
§347.13.Family Reunification.
§347.15.Case Plan and Review System.
§347.17.Information System.
§347.19.Foster Care Assistance Payments.
§347.21.Program Monitoring.
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 January 22, 2003.
TRD-200300430
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
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 proposes new Chapter
347, §§347.1, 347.3, 347.5, 347.7, 347.9, 347.11, 347.13, 347.15,
347.17, 347.19, 347.21, relating to standards for Title IV-E Federal Foster
Care Programs. The proposed standards provide structural and substantive changes
from the current standards.
Pamela Gereau, Federal Programs Specialist, 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. Gereau, Federal Programs Specialist, 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 of the Title IV-E Federal Foster Care
Program within the juvenile probation system. There will be no impact on small
business or individuals as a result of the new sections.
Public comments on the proposed new sections may be submitted to Kristy
Carr at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas
78711-3547.
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.
§347.1.Introduction.
(a)
The Texas Department of Protective and Regulatory Services
(TDPRS) is the state agency in Texas that administers Title IV-E of the Social
Security Act (42 United States Code §670 et seq.). The federal government
reimburses TDPRS for part of the foster care costs of eligible children served
by TDPRS. This law was enacted to establish a program of adoption assistance,
to strengthen the program of foster care assistance for needy and dependent
children, to improve the programs for child welfare, social services, and
aid to families with dependent children, and for other purposes. In addition,
to be eligible for this program, TDPRS must manage the cases of eligible children
in compliance with standards set in the Social Security Act, 42 USC §622.
These requirements ensure careful management of a child's case. They require
a case plan and a case review system designed to return children to their
families or some other permanent plan at the earliest possible date. They
require a system to track the location of children in placement, even when
they run away. It also includes protection of families' and children's rights.
(b)
The Texas Juvenile Probation Commission (TJPC) has contracted
with TDPRS to make these federal funds available to reimburse part of the
foster care costs of eligible children in the juvenile justice system. TJPC
is willing to contract with any juvenile board which meets the federal requirements
for Title IV-E and the Social Security Act, 42 USC §622. A juvenile board
that wants to contract with TJPC to access these funds must perform in the
ways described in the following rules, and in certain rules of the TDPRS referred
to in these rules.
§347.3.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Periodic review--A review open to the participation of
the caregiver and parents of the child. The purposes of the review are to
determine the safety of the child, the continuing necessity for and appropriateness
of the placement, the extent of compliance with the case plan, the extent
of progress on issues that led to the child's removal from the home, and to
project a likely date for permanency.
(2)
Aid to families with dependent children (AFDC)--A financial
assistance program available to low-income families who meet categorical requirements
described in 40 TAC Part 1, Chapter 3. The ADFC program has been renamed Temporary
Assistance for Needy Families (TANF). However, Title IV-E eligibility continues
to be based on AFDC criteria in effect on July 16, 1996.
(3)
Billing level of care--Rate of payment based on the level
of services a facility is licensed or approved to provide.
(4)
Caregiver or substitute care facility--Any IV-E approved
facility or foster family.
(5)
Date of actual placement--The date the child enters an
eligible foster care setting.
(6)
Disposition order--A court order that results in the child's
placement in substitute care.
(7)
TJPC eligibility specialist--A person employed and trained
by TDPRS to make IV-E eligibility determinations.
(8)
Initial order of removal--The first order that removes
the child from the home and which culminates in the child's placement in substitute
care without the child having returned to the home.
(9)
Juvenile board--An administrative body established by state
statute that is responsible for the provision of juvenile probation services
within a defined jurisdiction.
(10)
Juvenile court--A court designated by the juvenile board
under the Texas Family Code, §51.04, or other state law, which hears
cases involving delinquent conduct or conduct indicating a need for supervision.
(11)
Level of care--A numerical rating based on an assessment
of the services a child will need while in substitute care.
(12)
Permanency hearing--A judicial hearing required by 42
USC §675. The hearing must be held no later than 12 months after the
child's date of actual placement in a Title IV-E approved facility, and every
12 months thereafter throughout the child's stay in substitute care.
(13)
Permanency plan--A description of the planned living arrangement
for the child following a stay in substitute care. It may include, but is
not limited to:
(A)
return to parent;
(B)
placement with a relative(s);
(C)
adoption;
(D)
emancipation/independent living; or
(E)
another permanent living arrangement.
(14)
Reasonable efforts--Judicial findings regarding efforts
made to prevent or eliminate the need to remove the child from the home, and
if the child must be removed, judicial findings regarding efforts made to
finalize the permanency plan.
(15)
Specified relative--A relative within the degree of relationship
specified under AFDC rules with whom the child lived within six months prior
to removal from the home.
(16)
Substitute care--The placement of a child in a foster
home, residential treatment center, or other child care institution.
(17)
Texas Department of Protective and Regulatory Services
(TDPRS)--The state agency responsible for the administration of the Title
IV-E program in Texas.
(18)
Title IV-E (IV-E)--A federal foster care program established
under 42 USC §670 et seq. which, among other things, assists states with
the cost of care for children who qualify for financial assistance through
the Aid to Families with Dependent Children Program, and who meet the eligibility
requirements described in 42 USC §672(a).
(19)
Title IV-E approved facility--Facilities licensed and/or
approved by the Texas Department of Protective and Regulatory Services (TDPRS)
for Title IV-E participation.
§347.5.Specific Language Required in Court Orders.
(a)
The initial order of removal shall be issued no later than
six months after the last day on which a child lived with a specified relative
and shall include one of the following findings:
(1)
"The court finds that it is in the best interest of the
child for the child to be placed outside of (his or her) home"; or
(2)
"The court finds that continuation in the home is contrary
to the child's welfare".
(b)
The initial order of removal or any subsequent orders shall
include the following additional findings:
(1)
"The court finds that reasonable efforts have been made
to prevent or eliminate the need for the child to be removed from (his or
her) home, and to make it possible for the child to return to (his or her)
home";
(2)
"It is ordered that the (name of county in which the court's
jurisdiction arises) juvenile probation department be responsible for the
child's care and placement"; and
(3)
"The court finds that the child has been removed from (his
or her) home and the court approves the removal."
(c)
The safety of the child is of paramount concern when determining
the level of reasonable efforts that are necessary.
(d)
This finding must be entered within 60 days of the child's
removal from the home; and
(e)
A child is not IV-E eligible until the findings described
in subsection (a) and (b) of this section have been made and all other IV-E
eligibility requirements are met.
(f)
Findings regarding reasonable efforts and best interest
of the child must be based on documentation of the child's specific circumstances
and so stated in the court order.
§347.7.Screening and Eligibility of IV-E Juveniles.
(a)
The juvenile board shall ensure that the juvenile probation
department develops and implements a procedure to screen all children placed
outside the home by the juvenile court for the following IV-E eligibility
criteria:
(1)
whether court orders used to remove the child from the
home contain language required by §347.5 of this Chapter; and
(2)
whether the child would have been eligible for AFDC at
the time of removal from a specified relative; and
(3)
whether the child has been placed in a IV-E eligible setting
as described in §347.9 of this Chapter.
(b)
If a child meets the requirements in subsection (a) of
this section the juvenile probation department shall complete and submit to
TJPC within 30 calendar days of the child's date of actual placement a foster
care assistance application with all required attachments.
(c)
TJPC shall forward the application to the Eligibility Specialist
who shall determine the child's IV-E eligibility and notify TJPC in writing
of the child's IV-E eligibility status. TJPC shall notify the juvenile probation
department of the determination.
(d)
A juvenile probation department has the right to appeal
any eligibility determination. The department shall submit the appeal to TJPC
in writing. TJPC shall forward the appeal to TDPRS for a ruling and report
the results of the ruling to the department.
§347.9.Placement in IV-E Approved Facilities.
(a)
Facilities shall be licensed or approved by TDPRS to be
eligible for Title IV-E participation.
(b)
Facilities eligible for IV-E participation include:
(1)
private residential facilities which are licensed or certified
as:
(A)
an emergency shelter;
(B)
a foster family home;
(C)
a foster group home;
(D)
a therapeutic foster family home;
(E)
a therapeutic foster group home;
(F)
a residential treatment center;
(G)
a maternity home;
(H)
a halfway house;
(I)
a child placing agency;
(J)
a therapeutic camp; or
(K)
a basic child care facility as these facilities are defined
in 40 TAC Chapter 720.
(2)
public residential child care institutions which:
(A)
meet the definition of one of the facilities in paragraph
(1) of this subsection;
(B)
are licensed or certified for no more than 25 children;
and
(C)
are not operated primarily for the detention of children
determined to be delinquent.
(c)
Facilities not licensed by TDPRS shall comply with minimum
licensing standards equivalent to those described in 40 TAC §720.
(d)
A juvenile board may assist a facility who meets the requirements
of subsection (b)(1) or (b)(2) of this section in obtaining approval from
TDPRS for IV-E participation by ensuring that the following information is
provided to TJPC:
(1)
the type of license or certification held by the facility;
(2)
the agency that issued the certification or license;
(3)
whether the facility is a private residential facility
or a public residential child care institution as those terms are defined
in subsection (b)(1)(2) of this section;
(4)
a description of the facility;
(5)
a description of the services provided by the facility
and corresponding per diem rates; and
(6)
a copy of the written agreement between the facility and
the juvenile probation department, if one exists.
(e)
For programs operated by a juvenile board and administered
by a juvenile probation department, the juvenile board shall verify that upon
approval for participation in the Title IV-E program, the department shall:
(1)
complete cost reports as required by TDPRS and obtain approval
of the report by an independent auditor;
(2)
implement procedures to ensure compliance with TDPRS or
equivalent licensing standards; and
(3)
allow TJPC or its designee to conduct quality assurance
monitoring to measure compliance with levels of service provision as determined
by TDPRS standards.
(f)
For private facilities that are approved for participation
in the Title IV-E program but that are not under contract with TDPRS, the
juvenile board shall ensure that the provider:
(1)
completes a cost report as required by TDPRS and obtains
approval of the report by an independent auditor;
(2)
implements procedures to ensure compliance with TDPRS or
equivalent minimum licensing standards; and
(3)
contracts with an independent party to measure compliance
with levels of service provision in accordance with TDPRS standards.
§347.11.Eligibility Recertification.
(a)
The juvenile board shall ensure that the juvenile probation
department administers a process to recertify a child's IV-E eligibility status
twelve months from the child's date of actual placement and every twelve months
thereafter.
(b)
The juvenile board shall ensure that the juvenile probation
department:
(1)
develops and implements procedures to track each child's
IV-E eligibility status and recertification date; and
(2)
submits to TJPC the foster care assistance review information
every twelve months and when changes affecting eligibility occur.
(c)
TJPC shall forward the foster care assistance review information
to the Eligibility Specialist who shall make a redetermination of the child's
IV-E eligibility and notify TJPC in writing of the child's eligibility status.
TJPC shall notify the department of the determination.
(d)
A department has the right to appeal any eligibility determination
as described in §347.7(d) of this chapter.
§347.13.Family Reunification.
(a)
The Child/Family Case Plan includes family reunification
services. The juvenile board shall ensure that the juvenile probation department:
(1)
assesses the home situation and offers services to the
family to help them safely resume supervision, care, and control of the child;
(2)
plans for permanent placement for a child, if a child cannot
safely return home; and
(3)
documents in the child's case record a chronology of all
contacts and services offered to the family, child, and caregiver.
(b)
The juvenile board shall ensure that the juvenile probation
department maintains contact with the child, the child's family, and the caregiver
monthly, or more frequently as required by the child/family case plan.
§347.15.Case Plan and Review System.
(a)
The juvenile board shall ensure that the juvenile probation
department develops a case plan that meets the requirements of 42 USC §675
for each IV-E eligible child within 30 calendar days of the child's date of
actual placement. The case plan shall outline actions designed to facilitate
the safe return of the child to his or her own home or other permanent placement
and assure that the child receives safe and proper care while in substitute
care.
(b)
The status of each IV-E eligible child shall be reviewed
periodically but no less frequently than once every six months from the date
of actual placement.
(1)
The purpose of the review is to determine:
(A)
the safety of the child;
(B)
the continuing necessity for and appropriateness of the
placement;
(C)
the extent of compliance with the case plan;
(D)
the extent of progress on issues that led to the child's
removal from the home; and
(E)
to project a likely date for permanency.
(2)
The review may be a judicial review or an administrative
review, and shall be open to the participation of the parent and the caregiver.
(3)
If the review is an administrative review, it shall be
conducted by a panel of appropriate persons, at least one of whom is not responsible
for the case management of or the delivery of services to either the child
or the parents who are the subject of the review. Others with a legitimate
interest in the child's welfare who may participate in the review include
the juvenile probation officer, the probation officer's supervisor, the child's
counselor, the child's attorney, guardian ad litem, and a representative from
the child's school.
(c)
A permanency hearing open to the participation of the parent
and the caregiver shall be held for each child no later than 12 months after
the child's actual date of placement and every 12 months thereafter. The juvenile
board shall ensure that the juvenile probation department provides sufficient
information for the court to review the child's status as described in subsection
(b) of this section and to determine whether:
(1)
the permanency plan for the child is appropriate;
(2)
reasonable efforts to finalize the permanency plan have
been made;
(3)
for a child 16 or older, services are needed to assist
the child in the transition to independent living;
(4)
for a child placed outside the state, whether the placement
continues to be in the best interests of the child; and
(5)
procedural safeguards have been applied regarding parental
rights to notification regarding removal of the child from the home, any change
in the child's placement, and any determination affecting parental visitation
privileges.
(d)
In accordance with 42 USC §675(5)(E), the juvenile
probation department shall notify the appropriate local entity responsible
for filing a petition to terminate parental rights for any child who has been
in substitute care under the responsibility of the juvenile court for 15 of
the most recent 22 months unless:
(1)
the child is being cared for by a relative; or
(2)
the child's case plan includes documentation of the compelling
reason that such a petition would not be in the best interests of the child;
or
(3)
the family has not been provided services described in
the case plan as being necessary for the safe return of the child to the child's
home.
§347.17.Information System.
(a)
The juvenile board shall ensure that the juvenile probation
department maintains a system to track at least the following for children
in substitute care:
(1)
current level of care;
(2)
name;
(3)
date of birth;
(4)
ethnicity;
(5)
sex;
(6)
present location;
(7)
permanency plan; and
(8)
who is responsible for the child's care and placement.
(b)
The juvenile board shall ensure that the juvenile probation
department notifies TJPC within 5 days of any changes in the child's location
or any other change that would affect the child's eligibility.
§347.19.Foster Care Assistance Payments.
(a)
A juvenile board shall ensure that the juvenile probation
department submits to TJPC:
(1)
a request for reimbursement of substitute care costs by
the tenth of the month following the month in which the services were provided.
(2)
a request for reimbursement of IV-E related administrative
expenses within 30 calendar days of the close of each TJPC fiscal quarter;
and
(3)
a request for correction of a prior month's reimbursement
as soon as any discrepancy or need for adjustment is discovered.
(b)
TJPC shall review all reimbursement requests for accuracy
and forward the requests to TDPRS for payment. All payments are contingent
on the availability of federal funds and shall be forwarded to juvenile probation
departments upon receipt from TDPRS.
§347.21.Program Monitoring.
(a)
The juvenile board shall allow staff from TJPC to review
IV-E case management systems and case records, fiscal operations, and Title
IV-E approved residential programs operated by the juvenile board for compliance
with TJPC, TDPRS, and related federal standards. These reviews shall be conducted
on a regular basis as determined by TJPC.
(b)
TJPC shall notify the juvenile board in writing of the
monitoring results.
(c)
The juvenile board shall ensure that the juvenile probation
department responds to written notice of noncompliance with a written corrective
action plan that includes a projected date of compliance within 30 calendar
days of receipt of the notice.
(d)
If a juvenile probation department fails to respond to
the written notice of noncompliance, or continues to be out of compliance
with one or more of these rules, then TJPC may pursue further action, which
may include one or more of the following:
(1)
arranging a meeting with the juvenile probation department
to discuss:
(A)
problems with noncompliance and reasons for noncompliance;
(B)
identification of needed resources to assist with correcting
problem areas; and
(C)
strategies to correct problem areas;
(2)
requiring a written corrective action plan and expected
date of compliance to be submitted to TJPC within 30 calendar days of conference
date;
(3)
suspending federal funds to the juvenile probation department
temporarily until compliance with federal standards is accomplished;
(4)
requiring the juvenile probation department to reimburse
funds to TJPC; and
(5)
terminating the IV-E contract between TJPC and the juvenile
board.
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 January 22, 2003.
TRD-200300429
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
The Texas Juvenile Probation Commission proposes new Chapter 348, §§348.1-348.19
and 348.30-348.33, relating to standards for juvenile justice alternative
education programs. The proposed standards provide structural and substantive
changes from the current standards.
Linda Brooke 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. Brooke has also determined that for each year of the first five years
the new sections are in effect, the public benefit expected as a result of
enforcement will be the consistent standards to all counties across the State
of Texas which will provide TJPC with a more accurate account in evaluating
the effectiveness and services provided within the juvenile probation system.
There will be no impact on small business or individuals as a result of the
new sections.
Public comments on the proposed new sections may be submitted to Kristy
Carr at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas
78711-3547.
Subchapter A. PROGRAM OPERATIONS
37 TAC §§348.1 - 348.19
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.
§348.1.Purpose.
The purpose of this chapter is to establish minimum operational, programmatic,
and educational standards for juvenile justice alternative education programs
(JJAEP) in Texas.
§348.2.Definitions.
The words and terms when used in this chapter, shall have the following
meanings, unless the context clearly indicates otherwise:
(1)
Attendance Days--The actual number of instructional days
a student is enrolled and in attendance at the JJAEP for a minimum of 4 hours
per day.
(2)
Absent Days--The actual number of instructional days a
student is enrolled and not in attendance at the JJAEP for a minimum of 4
hours per day.
(3)
Exit Reason--The reason a student exits the JJAEP program.
A student shall be accounted for in only one of the following categories.
(A)
Completed program/returned to home school while on probation--Student
has returned to home school district while still under terms of probation.
(B)
Completed program/term of probation expired--Student has
returned to home school district due to expiration of probation order.
(C)
Completed program/term of placement ended--Student returned
to home school district due to termination of expulsion status and probation
status.
(D)
GED Completion--Student has successfully tested and passed
the high school equivalency examination.
(E)
Graduated--Student has completed all necessary requirements
to receive a high school diploma.
(F)
Left Program Incomplete--Student has been terminated from
the program due to:
(i)
a probation modification or revocation;
(ii)
an out-of-home placement;
(iii)
being held in juvenile detention;
(iv)
being held in jail;
(v)
absconding (violation of conditions of release from detention
or court order);
(vi)
being committed to the Texas Youth Commission;
(vii)
being committed to the Texas Department of Criminal Justice;
or
(viii)
truant or runaway.
(G)
Other--Student who left program due to out of county move,
death, medical reason, other non-delinquency reason or withdrew to enroll
in another educational program.
(4)
Inactive Status--Attendance status assigned to a student
where the student is maintained as enrolled and not counted as absent or present
from the JJAEP.
(5)
Juvenile Justice Alternative Education Program (JJAEP)--An
educational program operated by the juvenile board of a county to serve expelled
students pursuant to Chapter 37, Texas Education Code.
(6)
Commission--The Texas Juvenile Probation Commission.
§348.3.Program Administration and Organization.
(a)
Policy Board.
(1)
The juvenile board of the county in which the JJAEP is
located shall be responsible for approving and implementing the policy for
the program.
(2)
The JJAEP shall be operated according to current written
policies which address personnel, administration, programming, training, and
standards under this chapter.
(b)
Management Review. The juvenile board and the administrative
officer shall participate in an annual evaluation of overall operations of
the JJAEP. Existing policies and practices shall be reviewed to determine
their continuing relevance to the mission of the JJAEP.
(c)
Required Staff. Each JJAEP shall provide the required administration,
programmatic and supervision staffing as required by this section.
(1)
Administration. The juvenile board shall designate an administrative
officer.
(A)
Qualifications. The administrative officer shall, at a
minimum, hold a four-year degree from an accredited university and shall possess
juvenile justice and/or education experience.
(B)
Duties.
(i)
The administrative officer shall be responsible for the
management of the JJAEP and shall ensure compliance with all applicable laws
related to JJAEPs.
(ii)
The administrative officer shall ensure compliance with
contractual provisions of all contracts with the Commission related to JJAEPs.
(2)
Instructional Staff. The juvenile board shall employ adequate
instructional staff or contract for the provision of instructional services
to provide appropriate educational services to students in attendance in the
JJAEP.
(A)
The instructional staff for the JJAEP shall include, at
a minimum, one Texas certified teacher that meets the requirements of certification
as required by the State Board for Educator Certification.
(B)
The Juvenile Board shall employ or contract for the employment
of the appropriate number of special education teachers as required by federal
law. A special education teacher shall meet the requirements of certification
as required by the State Board for Educator Certification.
(C)
Instructional staff shall, at a minimum, hold a four-year
degree from an accredited university.
(D)
Instructional Staff to Student Ratio. 1 to 16 preferred;
1 to 24 maximum.
(3)
Caseworkers. The Juvenile Board shall employ or contract
for the employment of at least one caseworker per JJAEP. Caseworkers shall
be either social workers, probation officers assigned to the JJAEP, counselors
or other mental health professionals.
(A)
Qualifications. All caseworkers shall meet the minimum
professional requirements and shall be licensed or certified by the appropriate
authority in their field.
(B)
Caseworker Staff to Student Ratio. 1 to 25 preferred; 1
to 44 maximum.
(4)
Supervision Staff.
(A)
The Juvenile Board shall employ or contract for the employment
of adequate supervision staff, which may include drill instructors, teacher
aides, security personnel, caseworker aides, and volunteers.
(B)
Supervision staff shall, at a minimum, possess a high school
diploma or GED.
(5)
Operational Staff to Student Ratio (Includes Instructional
Staff, Supervisory Staff, On-site Caseworkers, and Facility Administrators
as defined above). 1 to 8 preferred; 1 to 12 maximum.
§348.4.Personnel Administration.
(a)
Personnel Policies. Written policy shall be made available
to each JJAEP staff member and volunteer at the time of hiring. The policies
shall include:
(1)
grievance procedures;
(2)
job descriptions including duties and responsibilities
of each position; and
(3)
security and control procedures.
(b)
Personnel Records. The administrative officer shall ensure
that a personnel file is maintained for each employee. The file shall, at
a minimum include:
(1)
application for employment;
(2)
references;
(3)
criminal records check;
(4)
training records;
(5)
applicable personnel actions;
(6)
documentation of the employee's qualifications; and
(7)
applicable certification verification.
(c)
New Employee Orientation. All staff, including temporary,
seasonal or substitute employees shall have orientation training prior to
having sole contact with students. At a minimum this training shall include:
(1)
safety and security procedures including but not limited
to fire drills and the JJAEP's safety disaster plan;
(2)
child abuse reporting;
(3)
incident reports;
(4)
student code of conduct;
(5)
behavior management program;
(6)
transporting students, if applicable;
(7)
crisis intervention;
(8)
distribution of medication, if applicable;
(9)
sexual harassment; and
(10)
physical restraint training, if applicable.
(d)
Criminal Record Check.
(1)
Prior to employment in the JJAEP, the juvenile board or
designee, shall initiate a criminal history check in accordance with the following
guidelines on all JJAEP staff that have direct contact with students.
(2)
Continued employment in the JJAEP shall be contingent upon
the completion and return of acceptable results of criminal history checks
in accordance with the Texas Administrative Code §341.23(a).
(3)
The following criminal history checks shall be conducted:
(A)
a Texas criminal history background search (Texas Crime
Information Center);
(B)
a local law enforcement sex offender registration records
check in the city or county where the applicant resides;
(4)
An internet based criminal background search shall not
be used to conduct the background searches required under paragraph (3)(A)
of this subsection.
(e)
Research Programs.
(1)
The administrative officer shall review proposals for research
to ensure conformity with departmental policy.
(2)
Departmental policy shall forbid student participation
in medical, pharmacological, and cosmetic research programs.
(3)
Students may voluntarily participate in approved research
programs with the written consent of the student's parent, guardian or custodian.
§348.5.Management Information System.
(a)
Data Collection. The juvenile board and the administrative
officer shall ensure that statistical and programmatic data pertaining to
each student admitted to a JJAEP are gathered and documented.
(b)
Student Educational Data and Records. At a minimum, the
following information shall be documented and contained in the case file for
each student in the program:
(1)
current grade level;
(2)
notice of expulsion;
(3)
applicable court orders placing student into JJAEP;
(4)
police offense report if applicable;
(5)
entry and exit transition plans.
(6)
education records to include special education determination,
appropriate special educational records, statewide assessment scores, and
home language survey;
(7)
admission and exit testing data, if applicable;
(8)
physical exam, as required under §348.7(f) of this
chapter;
(9)
documentation of regular education program review of student
as required by Texas Education Code §37.011(d);
(10)
date of admission;
(11)
number of attendance days;
(12)
number of absence days;
(13)
date of release;
(14)
emergency notification contacts for the student;
(15)
special medical needs, if any, of the student;
(16)
student immunization records; and
(17)
medical release form.
§348.6.Curriculum.
(a)
Required Courses. The JJAEP shall, at a minimum, provide
the following required courses to all students in attendance at the JJAEP:
(1)
English language arts;
(2)
mathematics;
(3)
social studies;
(4)
science;
(5)
high school equivalency program (GED); and
(6)
self discipline which may be integrated into the program
and may include formal instruction in drug awareness, anger management, and
impulse control.
(b)
Recommended Courses. The following courses are recommended
to be provided to all students in attendance at the JJAEP:
(1)
life skills;
(2)
physical fitness;
(3)
vocational training; and
(4)
other electives.
(c)
Curriculum Development. Programs shall have a strong accelerated
component to their instruction for all required areas of instruction.
(1)
At least one certified teacher shall oversee the development
and implementation of the curriculum in the JJAEP academic program.
(2)
The juvenile board or designee shall assure that course
instruction is consistent with the essential knowledge and skills of each
subject of the foundation curriculum as defined under the rules of the State
Board of Education under Texas Education Code §28.002(c).
(3)
The GED curriculum must address the elements required to
pass the GED test but program components may be integrated into the regular
program curriculum.
§348.7.Program Requirements.
(a)
Special Education. Students with disabilities who are placed
in the JJAEP shall be afforded education services determined by a duly constituted
Admissions Review and Dismissal Committee to be appropriate for the student
to receive a free and appropriate public education as defined by federal and
state laws.
(b)
English as a Second Language (ESL). English as a second
language services and instruction shall be provided in the JJAEP and shall
be appropriate to address the needs of those students who speak English as
a second language or who are non-English speaking.
(c)
High School Equivalency Examination (GED). Scores on each
GED test administered shall be certified by the GED examiner.
(d)
Counseling. Counseling services provided by caseworkers
shall be available to all students enrolled and in attendance at the JJAEP.
(e)
Meals.
(1)
Policy and practice shall ensure the provision of a lunch
meal for each student in attendance at the JJAEP on each school day.
(2)
A student shall not be denied a lunch meal as a sanction
or disciplinary measure.
(f)
Medical.
(1)
The JJAEP shall have a medical release on file for each
student in accordance with Texas Family Code §32.001 signed by the student's
parent, guardian or custodian.
(2)
Screening.
(A)
A JJAEP that has a boot-camp or intensive physical fitness
component, shall require a medical screening for each student performed by
a licensed physician or physician assistant.
(B)
No student shall be permitted to participate in physical
activity unless a licensed physician or physician assistant certifies in writing
that the student has no physical limitations or conditions that would prohibit
participation.
(3)
In accordance with Texas Human Resources Code §142.005,
the JJAEP shall have written policies and procedures governing the storage,
use and distribution of all medication to students.
(g)
Student Attendance Accounting.
(1)
A JJAEP shall maintain accurate and current attendance
records for all students enrolled.
(2)
A student shall be placed on inactive status as defined
in §348.2 of this chapter for the following reasons:
(A)
juvenile detention or jail;
(B)
truancy as defined by Texas Family Code §51.03(b)(2);
(C)
documented runaway; and
(D)
extended illness documented by a medical professional.
(3)
A student on inactive status for 30 consecutive school
days shall be withdrawn.
§348.8.Inter-Local Cooperation.
(a)
Parent or Guardian.
(1)
The JJAEP shall notify a student's parent, guardian or
custodian of the student's enrollment into and exit from the JJAEP.
(2)
Periodic progress reports shall be given to the student
and the student's parent, guardian or custodian at a minimum of every 120
school days.
(b)
School District.
(1)
Student Entry and Exit Transition Plans.
(A)
The JJAEP shall coordinate with the school district a written
transition plan for entrance into the JJAEP.
(B)
The JJAEP shall develop, provide and communicate to the
school district a written transition plan that covers the students exit from
the JJAEP.
(C)
The JJAEP shall provide the student's parent with a written
notice of the transition plan.
(2)
The JJAEP shall provide to each enrolled student's home
school district the student's attendance records, grades and transition plan
as well as any other records upon the student's transition back to the home
school.
(3)
The JJAEP shall transfer all grades and course credit earned
to the sending school district when a student is transferred back to the home
school district.
(4)
All students enrolled in the JJAEP shall take the statewide
assessment as required under Texas Education Code §39.023. The JJAEP
shall have a policy on how to coordinate the provisions of the statewide assessment
with the local school districts.
(c)
Juvenile Probation Departments.
(1)
The JJAEP and the local juvenile probation department shall
cooperate in the coordination of providing needed social services for the
students enrolled in the JJAEP.
(2)
Local probation departments shall, at a minimum, provide
information to the JJAEP regarding the probation status of the juvenile, as
well as the name of the juvenile's probation officer.
(3)
The JJAEP shall provide the local probation department
with monthly attendance records of juvenile probationers enrolled in the JJAEP.
(d)
Truancy. The JJAEP shall within 2 working days, report
truancy to the appropriate enforcement agency.
§348.9.Physical Plant.
(a)
The facility shall conform to all applicable federal, state,
and/or local ordinances and codes.
(b)
The population of the facility shall not exceed the rated
capacity as determined by the local fire marshal.
(c)
The classroom space, fixtures and common areas shall be
adequate to meet the programmatic requirements for each student enrolled and
in attendance in the JJAEP.
§348.10.Security and Control.
(a)
Security Plan. The JJAEP shall have a written plan that
addresses security:
(1)
within the school facility;
(2)
on school property;
(3)
at school sponsored events off school property; and
(4)
during transportation of JJAEP students if applicable.
(b)
Transportation.
(1)
Policies shall govern the use of motor vehicles to transport
students enrolled in the JJAEP.
(2)
Policies shall address:
(A)
methods of transportation authorized;
(B)
security and supervision;
(C)
authorized transport personnel;
(D)
emergency procedures; and
(E)
the requirement of auto liability insurance when transporting
in personal vehicles.
(c)
Emergency Procedures. The JJAEP shall have written policies
and procedures regarding emergency situations, including but not limited to:
(1)
fire;
(2)
bomb threats;
(3)
hazardous weather conditions;
(4)
riots; and
(5)
medical emergencies.
(d)
Cardio-Pulmonary Resuscitation (CPR) and First Aid. Each
JJAEP shall have a minimum of two staff members on duty at all times certified
in CPR and first aid.
(e)
Emergency Drills. Unless otherwise required more frequently
by local fire codes or ordinances, the JJAEP shall conduct fire drills at
least twice a year.
(f)
Supervision.
(1)
Students removed from the regular classroom setting and
placed in an unlocked isolation, administrative segregation, time-out, in-school
suspension or other disciplinary removals from the regular classroom shall
be under continuous visual supervision.
(2)
Electronic monitoring equipment shall not be used to substitute
for required staff or continuous visual supervision.
(g)
Law Violations. Written policy, procedures, and practice
shall provide that all alleged violations of penal laws of this state or the
United States shall be reported by the JJAEP staff to the proper law enforcement
authorities if the conduct that constitutes the alleged violation occurred:
(1)
in any JJAEP building or facility;
(2)
on the property where the JJAEP is located;
(3)
in a motorized vehicle being operated by JJAEP staff that
is transporting JJAEP students;
(4)
at a JJAEP sponsored event either on or off the property
where the JJAEP is located; or
(5)
within 300 feet of the property where the JJAEP is located.
(h)
Searches.
(1)
Searches shall be conducted according to written policies
limited to certain conditions.
(2)
All students entering the JJAEP shall, at a minimum, be
subjected to a pat-down search or a metal detector screening on a daily basis.
(3)
JJAEP staff shall not conduct strip searches.
(i)
Disciplinary Reports.
(1)
Written policy, procedure, and practices shall require
JJAEP staff to prepare a written disciplinary report for each incident occurring
in the JJAEP that constitutes a major violation of the student code of conduct
or facility rules.
(2)
The disciplinary report shall be forwarded to the administrative
officer within 24 hours or on the next working day.
(j)
Weapons. Only certified peace officers acting in the scope
of their authority may possess and carry weapons or chemical agents within
the premises of the JJAEP.
§348.11.Physical Restraint Definitions.
The words or terms when used in this chapter shall have the following
meanings unless the context clearly indicates otherwise:
(1)
Approved Physical Restraint Technique ("physical restraint")--A
professionally trained restraint technique that uses a person's physical exertion
to completely or partially constrain another person's body movement without
the use of mechanical restraints. The approved physical restraint technique
shall be approved for use by the Commission and adopted by the juvenile board.
(2)
Approved Mechanical Restraint Devices ("mechanical restraint")--A
professionally manufactured mechanical device to aid in the restriction of
a person's bodily movement. The approved mechanical restraint shall be approved
by the Commission and adopted by the juvenile board. The following are Commission
approved mechanical restraint devices:
(A)
Ankle Cuffs--Metal, cloth or leather band designed to be
fastened around the ankle to restrain free movement of the legs;
(B)
Anklets--Cloth or leather band designed to be fastened
around the ankle or leg;
(C)
Handcuffs--Metal devices designed to be fastened around
the wrist to restrain free movement of the hands and arms;
(D)
Plastic Cuffs--Plastic devices designed to be fastened
around the wrist or legs to restrain free movement of hands, arms or legs;
(E)
Waist Band--A cloth, leather, or metal band designed to
be fastened around the waist used to secure the arms to the sides or front
of the body; and
(F)
Wristlets--A cloth or leather band designed to be fastened
around the wrist or arm which may be secured to a waist belt.
(3)
Physical Escort--Touching or holding a student with a minimum
use of force for the purpose of directing the student's movement from one
place to another. A physical escort is not considered a physical restraint.
(4)
Protective Devices--Professionally manufactured devices
used for the protection of students or staff that do not restrict the movement
of a student. Protective devices are not considered mechanical restraint devices.
§348.12.Requirements.
The use of restraints shall be governed by the following criteria:
(1)
restraints shall only be used by JJAEP staff certified
in the use of the approved physical restraint technique;
(2)
prior to participating in any restraint JJAEP staff shall
be certified in the use of the approved physical restraint technique;
(3)
restraints shall only be used in instances of threat of
imminent self-injury, injury to others, or serious property damage;
(4)
restraints shall only be used as a last resort;
(5)
only the amount force and type of restraint necessary to
control the situation shall be used;
(6)
restraints shall be implemented in such a way as to protect
the health and safety of the student and others; and
(7)
restraints shall be terminated as soon as the student's
behavior indicates that the threat of imminent self-injury, injury to others,
or serious property damage.
§348.13.Prohibitions.
Restraints that employ a technique listed below are prohibited:
(1)
restraints used for punishment, discipline, retaliation,
harassment, compliance, or intimidation;
(2)
restraints that deprive the student of basic human necessities
including restroom privileges, water, food and clothing;
(3)
restraints that are intended to inflict pain;
(4)
restraints that put a student face down with sustained
or excessive pressure on the back or chest cavity;
(5)
restraints that put a student face down with pressure on
the neck or head;
(6)
restraints that obstruct the airway or impair the breathing
of the student;
(7)
restraints that restrict the student's ability to communicate;
(8)
restraints that obstruct the view of the student's face;
(9)
any technique that does not require the monitoring of the
student's respiration and other signs of physical distress during the restraint;
and
(10)
percussive or electrical shocking devices.
§348.14.Documentation.
All restraints shall be fully documented and maintained. Written documentation
regarding the use of restraints shall require at a minimum:
(1)
name of student;
(2)
staff member(s) name and title(s) who administered the
restraint;
(3)
date of the restraint;
(4)
duration of the restraint including notation of the time
the restraint began and ended;
(5)
location of the restraint;
(6)
description of preceding activities;
(7)
behavior which prompted the restraint;
(8)
type of restraint applied;
(9)
efforts made to de-escalate the situation and alternatives
to restraint that were attempted; and
(10)
any injury that occurred during the restraint.
§348.15.Mechanical Restraint.
Mechanical restraints shall only be used by juvenile probation and
detention officers in the manner defined under chapters 341 and 343 of this
title.
§348.16.Serious Incidents.
The administrative officer or his/her designee shall report in writing
to the Commission and the juvenile board within 24 hours the death, suicide,
attempted suicide and any serious injury, including youth on youth assaults,
that requires medical treatment by a physician or physician's assistant that
occurs in the JJAEP.
§348.17.Abuse, Exploitation and Neglect.
(a)
Reporting. Any employee, contractor, intern or volunteer
of a JJAEP shall report to the Commission, the juvenile board and local law
enforcement any allegation of abuse, exploitation or neglect of a student
that occurs in or involves an employee, contractor, intern or volunteer of
a juvenile justice program, juvenile probation department, juvenile justice
alternative education program, pre-adjudication secure detention facility,
post-adjudication secure facility or short-term detention facility.
(1)
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.
(2)
A report of the alleged abuse, exploitation or neglect
under paragraph (a) of this section shall be made within 24 hours from the
time the allegation is made.
(b)
Internal Investigation.
(1)
An internal investigation shall be conducted of all allegations
of abuse, exploitation or neglect of a student in the JJAEP;
(2)
All employees of the JJAEP shall fully cooperate with any
Commission investigation of alleged abuse, exploitation or neglect of a student;
(3)
Until the conclusion of the internal investigation any
person alleged to be a perpetrator of abuse, exploitation or neglect of a
student shall be placed on administrative leave or reassigned to a position
having no contact with the students in the JJAEP or juveniles under supervision
by the juvenile probation department, participating in a juvenile justice
program or juveniles under the jurisdiction of the juvenile court, or the
alleged victim's family;
(4)
At the conclusion of the internal investigation the administrative
officer or his/her designee shall take appropriate measures to provide for
the safety of the students and;
(5)
The administrative officer or his/her designee shall submit
a copy of the internal investigation to the Commission within 5 calendar days
following the completion of the internal investigation.
(c)
Juvenile Board. In the event the administrative officer
is alleged to be a perpetrator of abuse, exploitation or neglect of a student,
the juvenile board shall:
(1)
Conduct the internal investigation or appoint an individual
who is not an employee of the JJAEP, juvenile probation department, or juvenile
justice program to conduct the internal investigation;
(2)
Until the conclusion of the internal investigation place
the administrative officer on administrative leave, or ensure the administrative
officer has no contact with the students in the JJAEP, juveniles under supervision
by the juvenile probation department, participating in a juvenile justice
program or under the jurisdiction of the juvenile court or the alleged victim's
family; and
(3)
The juvenile board or their designee shall submit a copy
of the internal investigation to the Commission within 5 calendar days following
the completion of the internal investigation.
(d)
Treatment and Safety. The administrative officer shall
ensure that students participating in the JJAEP shall not be subjected to
abuse, exploitation or neglect as defined in Chapter 261, Texas Family Code.
§348.18.Student Code of Conduct.
(a)
Adoption. The JJAEP student code of conduct shall be adopted
by the juvenile board and shall describe and define in writing the JJAEP behavior
management system.
(b)
Notice. The JJAEP student code of conduct shall be provided
to each student and the student's parent, guardian or custodian upon admittance
into the JJAEP.
(1)
The code of conduct shall be reviewed with each student
and the student's parent, guardian or custodian and shall be translated if
necessary to ensure understanding of the content by all parties.
(2)
A signed acknowledgment of receipt of the student code
of conduct shall be maintained in each student's file.
(3)
JJAEP staff shall be provided a copy of the code of conduct.
(c)
Discipline and Sanctions. The JJAEP student code of conduct
shall detail the sanctions and disciplinary procedures that may be applied
to students for particular behaviors. Disciplinary procedures shall be carried
out promptly and all students shall be afforded due process protections. The
student code of conduct shall include, but not be limited to the following:
(1)
Prohibited behaviors and conduct;
(2)
Disciplinary consequences for prohibited behaviors and
conduct;
(3)
Description of circumstances that will allow removal from
the classroom; and
(4)
Circumstances under which a JJAEP student may be placed
into another educational setting.
(d)
Prohibited Sanctions. The following sanctions shall be
prohibited in the JJAEP and their prohibition shall be clearly noted in the
student code of conduct:
(1)
Corporal punishment, physical abuse, humiliating punishment
or hazing;
(2)
Deprivation of food and water;
(3)
One student sanctioning another; or
(4)
Expulsion from a JJAEP.
(e)
Dress Code. The JJAEP student code of conduct may require
a reasonable dress code or uniforms for students in attendance.
(f)
Grievance Procedures. Student grievance procedures shall
be explained fully in the student code of conduct.
(1)
Procedure and practice shall facilitate student complaints
of mistreatment or complaints of programmatic issues and shall ensure students
are protected against retaliation in any form.
(2)
Grievance procedures shall ensure that each student is
afforded one level of appeal on all grievance complaints.
(3)
A copy of each grievance submitted by a student shall be
provided to the student's parent, guardian or custodian and to the juvenile
board or its designee.
§348.19.Waiver or Variance to Standards.
Unless expressly prohibited by another standard, the juvenile board
or chief administrative officer may make an application for waiver and the
juvenile board may make an application for variance of any standard or standards
adopted by the Commission in accordance with §349.2 of this title.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 22, 2003.
TRD-200300431
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§348.30 - 348.33
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.
§348.30.Mission of Program.
Academically, the mission of the JJAEP shall be to allow students to
perform at grade level. The JJAEP shall provide an instructional program that
results in a level of student academic progress in the areas of reading and
math.
§348.31.Annual Performance Evaluation.
A JJAEP's performance indicators shall be based primarily on non-academic
and academic performance indicators. In evaluating a JJAEP, the Commission
may consider other factors, including but not limited to, the recidivism rate
of its students, classroom behaviors measured through a standardized methodology,
total course credits earned and total courses passed.
(1)
Non-Academic Indicator. Average rate of attendance for
all JJAEP students shall not be less than seventy-five percent of the total
number of student attendance days for the school year.
(2)
Academic Indicator. The JJAEP shall use the assessment
instrument as selected by the Commission in assessing student performance
in the areas of reading and mathematics. The pre- and post-testing instruments
shall be valid for measuring performance improvement for an individual student
for a period of 90 school days or longer.
(A)
Pre-tests. Every student that will be enrolled in a JJAEP
for 90 or more school days shall be assessed during the admission period.
The pre-test shall be administered to appropriate JJAEP students no more than
15 school days after the student is enrolled in the JJAEP.
(B)
Post-tests. Post-tests shall evaluate the change in academic
performance of the student while in attendance at the JJAEP in the areas of
reading and mathematics. A JJAEP is not required to administer a post-test
to:
(i)
Those students whose exit reasons are "unsuccessful" or
"other" as defined by §348.2 of this chapter.
(ii)
Students who are not enrolled in a JJAEP for at least
one semester or 90 cumulative full time instructional days, whichever is shorter.
(C)
Growth in the statewide assessment as required under Texas
Education Code Chapter 39 shall be used to demonstrate performance in the
areas of reading and math. Performance of students who were enrolled for a
period of 90 days or longer at the time the instrument was administered shall
be compared to the students’ previous performance on the same instrument.
(3)
Other Performance Indicators.
(A)
Risk Assessment. The JJAEP shall use the instrument selected
by the Commission to evaluate student behavior progress.
(i)
the instrument shall be administered to all students within
15 school days of student entry into the JJAEP.
(ii)
the instrument shall be administered to all students within
10 school days of the student’s exit from the JJAEP unless a student
exits "unsuccessful" or "other" as determined by §348.2 of this chapter
and the student is unavailable.
(B)
Re-Contact Rate. The rate of subsequent contact with the
juvenile probation department.
(4)
Establishment of Benchmarks. A benchmark analysis shall
be conducted on each indicator over a three-year period. Thereafter, JJAEP
benchmark computation and methodology shall be reassessed every five years.
§348.32.Assessment Reliability and Safeguards.
Written policy of the JJAEP shall describe the safeguards it will use
to maintain the integrity of the assessment process so that all student scores
reflect actual student progress.
§348.33.Performance Reports.
(a)
Each year the Commission shall publish statistical and
performance data for each mandatory JJAEP. Performance data will indicate
if the JJAEPs are impacting the measures being utilized in the evaluation.
(b)
The report will be sent to the chairman of the juvenile
board that operates a mandatory JJAEP, the chairman of the board of trustees
of each school district that participates in a mandatory JJAEP, and the regional
education service center having jurisdiction over the area served by the mandatory
JJAEP.
(c)
The report will examine changes in the following factors:
(1)
Statewide assessment scores for Math and Reading;
(2)
Risk Assessment that demonstrates the correlation with
improvement in academic performance;
(3)
Attendance;
(4)
Pre and Post-test performance comparison by individual
students; and
(5)
Rate of Re-contact.
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 January 22, 2003.
TRD-200300432
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
The Texas Juvenile Probation Commission proposes the repeal of Chapter
348, §§348.101 - 348.112 and §§348.501 - 348.504, relating
to standards for Juvenile Justice Alternative Education Programs. The repeal
is in an effort not to overlap with new proposed standards in Chapter 348
which provide structural and substantive changes from the current standards.
Linda Brooke, Director of Education, has determined that for the first
five year period the repeal is in effect, there will be no fiscal implications
for state or local government or small businesses as a result of enforcement
or implementation.
Ms. Brooke, has also determined that for each year of the first five years
the repeal is in effect, the public benefit expected as a result of the repeal
will provide Texas Juvenile Probation Commission 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 repeal.
Public comments on the repeal may be submitted to Kristy Carr at the Texas
Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711-3547.
Subchapter A. PROGRAM OPERATIONS
37 TAC §§348.101 - 348.112
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§348.101.Purpose.
§348.102.Definitions.
§348.103.Program Administration and Organization.
§348.104.Personnel Administration.
§348.105.Management Information System.
§348.106.Curriculum.
§348.107.Program Requirements.
§348.108.Inter-Local Cooperation.
§348.109.Physical Plant.
§348.110.Security and Control.
§348.111.Student Code of Conduct.
§348.112.Waiver.
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 January 22, 2003.
TRD-200300433
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§348.501 - 348.504
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§348.501.Mission of Program.
§348.502.Annual Performance Evaluation.
§348.503.Assessment Reliability and Safeguards.
§348.504.Performance Reports.
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 January 22, 2003.
TRD-200300434
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
The Texas Juvenile Probation Commission proposes 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. The proposed
standards provide structural and substantive changes from the current standards.
Ron Quiros, Director of Training and Certification, 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.
Mr. Quiros has also determined that for each year of the first five years
the new sections are in effect, the public benefit expected as a result of
enforcement will be the consistent standards to all counties across the State
of Texas which will provide TJPC with a more accurate account in evaluating
the effectiveness and services provided within the juvenile probation system.
There will be no impact on small business or individuals as a result of the
new sections.
Public comments on the proposed new sections may be submitted to Kristy
Carr at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas
78711-3547.
Subchapter A. DEFINITIONS
37 TAC §349.1
The 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 the new standard.
§349.1.Definitions.
The words and terms used in this subchapter shall have the following
definitions unless the context clearly indicates otherwise.
(1)
Applicant--An individual applying for certification or
recertification as a detention or probation officer.
(2)
Board--The governing board of the Texas Juvenile Probation
Commission.
(3)
Certified Officer--Either a detention or probation officer
who has met the minimum certification requirements and is currently certified
by the Commission.
(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 single juvenile probation department or a multi-county judicial
district.
(5)
Commission--The Texas Juvenile Probation Commission.
(6)
Department--A juvenile probation department.
(7)
Detention Officer--A person whose primary responsibility
is the supervision of the daily activities of residents in either a secure
detention facility or a post adjudication secure correctional 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.
(8)
Distance Learning--Distance learning takes place when a
teacher and student(s) are separated by physical distance, and technology
(i.e., voice, interactive video, data, and print), is used to bridge the instructional
gap. Distance learning does not include a course delivered by an accredited
college or university using distance education methods.
(9)
Facility--Either a secure detention facility or a post-adjudication
secure correctional facility.
(10)
Facility Administrator--Individual designated by the policy
board of a private secure detention facility or a post adjudication secure
correctional facility, or by the Chief Administrative Officer or juvenile
board, as the program director or superintendent of a secure detention facility
or post adjudication secure correctional facility.
(11)
NCIC--The National Crime Information Center (NCIC) is
the Federal Bureau of Investigation (FBI) database utilized for the tracking
of an individual's criminal history in the United States.
(12)
TCIC--Texas Crime Information Center (TCIC) is the Department
of Public Safety database utilized for the tracking of an individual's criminal
history in the state of Texas.
(13)
Training--An organized, planned and evaluated activity
designed to achieve specific learning objectives.
(14)
Video Training--Pre-recorded non-interactive training
materials or conferences. Video training does not include video teleconference.
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 January 22, 2003.
TRD-200300435
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §349.2
The 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 the new standard.
§349.2.Waiver or Variance.
(a)
Waiver.
(1)
Who May Request. Unless expressly prohibited by another
standard, the juvenile board, chief administrative officer or facility administrator
may make an application for waiver of any standard or standards adopted by
the Commission. If the chief administrative officer or facility administrator
makes a request for waiver, the chief administrative officer or facility administrator
shall in writing notify the juvenile board of the request simultaneous with
the request’s submission to the Commission.
(2)
Contents of Request. The written request for waiver shall:
(A)
explain why compliance with standards cannot be achieved
immediately;
(B)
explain the impact the waiver would have on compliance
with other standards;
(C)
provide a plan to ensure compliance including how the health
and safety of juveniles would be maintained during the duration of the waiver;
and
(3)
Length of Waiver. Waivers granted by the Commission under
this section shall not exceed one year. The juvenile board may request one
subsequent waiver.
(4)
Review of Request. In the event a request for waiver is
denied, the juvenile board, or chief administrative officer may request a
review by the Commission. The review of the waiver request shall occur at
the next regularly scheduled Commission meeting.
(b)
Variance.
(1)
The TJPC Board may grant a permanent variance from a standard
if the Board makes the following findings of fact:
(A)
The juvenile board has shown by the substantial weight
of the evidence that the health and safety of juveniles is maintained;
(B)
The juvenile board has shown substantial compliance with
the intent and purpose of the standard for which a variance is requested through
alternative methods or means;
(C)
The juvenile board has shown that compliance with the standard
in question would be an undue hardship on the county; and
(D)
The juvenile board has shown that issuing the variance
would not put the juvenile board in violation of any state or federal law.
(2)
The juvenile board shall submit an application for a variance
to the TJPC Board on a Commission provided form.
(3)
The Commission shall grant or deny the variance at the
next scheduled board 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 January 22, 2003.
TRD-200300436
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§349.7 - 349.15
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.
§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.
(C)
is not currently under an order of suspension issued under §349.27
or §349.31 of this chapter; and
(D)
has never had any type of certification revoked from the
Commission under §394.27(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.
(c)
Detention Officer.
(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;
(C)
has one of the following:
(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.
§349.8.Certification Procedures.
(a)
Criminal History Checks.
(1)
Prior to submitting a certification application, the following
criminal history checks shall be conducted and returned on every certification
applicant:
(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 applicant resides; and
(C)
a Federal Bureau of Investigation (FBI) fingerprint based
criminal history background search (NCIC).
(D)
In addition to the requirements in paragraph (1)(A), (B),
and (C) 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 certification application was made, a state criminal
history background search and state sex offender registration check shall
also be conducted where available:
(i)
Hawaii;
(ii)
Kansas;
(iii)
Kentucky;
(iv)
Louisiana;
(v)
Maine;
(vi)
Massachusetts;
(vii)
New Hampshire;
(viii)
Rhode Island;
(ix)
Tennessee;
(x)
Vermont; and
(xi)
the District of Columbia.
(2)
An Internet based criminal background search shall not
be used to conduct the background searches required under subsection (a)(1)(A)
and subsection (a)(1)(C) of this section.
(3)
A returned criminal history check under subsection (a)(1)
of this section that is more than 90 calendar days old will not meet the certification
eligibility requirement under §349.7(a)(1)(B) of this chapter.
(4)
A copy of all returned criminal history checks shall be
retained with the probation department’s or facility’s records.
(b)
Submission of Certification Application.
(1)
Probation Officer Certification.
(A)
Probation Officers. The chief administrative officer or
the chief administrative officer’s designee shall submit the certification
applications for probation officers and supervisors of probation officers.
(B)
Chief Administrative Officers. Prior to submission of the
chief administrative officer’s certification application, the juvenile
board shall review the certification documentation and approve in writing
the submission of the certification application to the Commission.
(2)
Detention Officer Certification.
(A)
Detention Officers. The facility administrator, chief administrative
officer or either’s designee shall submit a certification application
to the Commission for all detention officers and supervisors of detention
officers.
(B)
Facility Administrators. Prior to submission of the facility
administrator’s certification application:
(i)
the juvenile board shall review the certification documentation
and approve in writing the submission of the certification application to
the Commission; or
(ii)
the chief administrative officer shall review the certification
documentation and approve in writing the submission of the certification application
to the Commission.
(c)
Length of Certification. A certification is valid for two
years from the date of approval by the Commission.
§349.9.Provisional Certification.
(a)
Requirements for Provisional Certification.
(1)
Probation Officers. An individual will qualify for provisional
certification as a probation officer if:
(A)
all of the requirements for certification under §349.7(a)
and (b) of this chapter are met except that the individual’s college
or university degree was issued in a foreign country; and
(B)
the individual agrees to validate their foreign college
or university degree under subsection (b)(1) of this section.
(2)
Detention Officers. An individual will qualify for provisional
certification as a detention officer if:
(A)
all of the requirements for certification under §349.7(a)
and §349.7(c) of this chapter except for subsection §349.7(c)(1)(C)
of this chapter are met; and
(B)
the individual agrees to complete a validation of their
high school diploma under subsection (b)(2) of this section.
(b)
Method of Validation.
(1)
Probation Officers. An individual with provisional probation
officer certification agrees to validate their education using one of the
following methods:
(A)
obtaining unconditional acceptance into a graduate program
accredited by an accrediting organization recognized by the Texas Higher Education
Coordinating Board;
(B)
obtaining evaluation of the foreign college or university
diploma as the equivalent to a bachelor’s degree received within the
United States of America by an educational evaluation service approved by
the Commission; or
(C)
providing documentation of the conferral of an advanced
degree from a university or college accredited by an accrediting organization
recognized by the Texas Higher Education Coordinating Board.
(2)
Detention Officers. An individual with provisional detention
officer certification agrees to validate their education using one of the
following methods:
(A)
obtaining unconditional acceptance into a college or university
accredited by an accrediting organization recognized by the Texas Higher Education
Coordinating Board;
(B)
receiving a general equivalency diploma;
(C)
obtaining evaluation of their 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
(D)
providing documentation of the conferral of a bachelor's
or master's degree from a university or college accredited by an accrediting
organization approved by the Texas Higher Education Coordinating Board.
(c)
Certification Upon Validation.
(1)
Upon the Commission's receipt of validation documentation,
the Commission shall certify the individual as a detention or probation officer.
(2)
Certification is valid for 2 years from the date the provisional
certification was approved.
(d)
Expiration of Provisional Certification.
(1)
A provisional certification shall expire six months from
the date of approval.
(2)
An individual who has not yet validated their degree under
subsection (b)(1) or (b)(2) of this section by the expiration date of the
provisional certification may apply for certification after their education
has been validated.
§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
(C)
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 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
(C)
an approved physical restraint technique as defined by §343.60(1)
of this chapter.
§349.11.Recertification Procedures.
(a)
Criminal History Checks.
(1)
Prior to submitting a recertification application, the
following criminal history checks shall be conducted and returned on every
applicant:
(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 applicant resides; and
(C)
a Federal Bureau of Investigation (FBI) fingerprint based
criminal history background search (NCIC).
(D)
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 recertification application was made, a state criminal history background
search and state sex offender registration check shall also be conducted where
available:
(i)
Hawaii;
(ii)
Kansas;
(iii)
Kentucky;
(iv)
Louisiana;
(v)
Maine;
(vi)
Massachusetts;
(vii)
New Hampshire;
(viii)
Rhode Island;
(ix)
Tennessee;
(x)
Vermont; and
(xi)
the District of Columbia;
(2)
An Internet based criminal background search shall not
be used to conduct the background searches required under subsection (a)(1)(A)
and subsection (a)(1)(C) of this section.
(3)
A returned criminal history check under paragraph (1) of
this subsection that is more than 90 calendar days old will not meet the recertification
eligibility requirement under §349.10(a)(1) of this chapter.
(4)
A copy of all returned criminal history checks shall be
retained with the probation department or facility’s records.
(b)
Submission of Recertification Application.
(1)
Probation Officer Recertification.
(A)
Probation Officers. The chief administrative officer or
the chief administrative officer’s designee shall submit the recertification
applications for all probation officers and supervisors of probation officers.
(B)
Chief Administrative Officers. Prior to submission of the
chief administrative officer’s recertification application, the juvenile
board shall review the recertification documentation and approve the submission
of the recertification application to the Commission.
(2)
Detention Officer Recertification.
(A)
Detention Officers. The facility administrator, chief administrative
officer or either’s designee shall submit the recertification applications
to the Commission for all detention officers and supervisors of detention
officers.
(B)
Facility Administrators. Prior to submission of the facility
administrator’s recertification application:
(i)
the juvenile board shall review the recertification documentation
and approve the submission of the recertification application to the Commission;
or
(ii)
the chief administrative officer shall review the recertification
documentation and approve the submission of the recertification application
to the Commission.
(c)
Timeline for Submission.
(1)
Unless a request for extension has been made and granted
under paragraph (2) of this subsection, the recertification application shall
not be sent more than 30 calendar days before or 60 calendar days after the
certification expiration date.
(2)
Requests for Extension.
(A)
The juvenile board, chief administrative officer, facility
administrator or either's designee may request an extension of time to allow
a certified officer additional time to meet the recertification eligibility
requirements under §349.10(a) and §349.10(b) or §349.10(c)
of this chapter or for the submission of recertification applications listed
in §349.11(b) of this chapter. The request shall include an explanation
showing cause why an extension is needed.
(B)
Grants of Extension. The Commission may grant an extension
for a period not to exceed 90 calendar days from the date the certification
expired.
(C)
Failure to submit the recertification application before
the extension period expires, 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 §349.8 of this
chapter.
(d)
Length of Recertification. A recertification is valid for
two years from the date of expiration of the previous certification or recertification.
§349.12.Expiration of Certification While Under Suspension.
(a)
An individual whose certification expires while under a
suspension order issued in accordance with §349.27(d)(2) of this chapter
may apply for certification once the suspension period has expired and the
individual meets the certification eligibility requirements listed under §349.7(a)
and §349.7(b) or §349.7(c) of this chapter.
(b)
An individual whose certification expires while under a
suspension order issued in accordance with §349.31 of this chapter may
apply for certification once TJPC has received an order issued under Texas
Family Code §232.013, which either vacates or stays the suspension order
and the individual meets the certification eligibility requirements listed
in §349.7(a) and §349.7(b) or §349.7(c) of this chapter.
§349.13.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
officer, including the chief administrative officer or facility administrator,
resigns or is terminated from employment.
(b)
Inactive Certifications.
(1)
Upon receipt of notice under subsection (a) of this section,
the Commission shall place the certified officer’s certification on
inactive status.
(2)
A person may not perform the duties of a certified officer
while on inactive status.
(c)
Transfer of Certification.
(1)
When a person with an inactive certification obtains employment
in a position for which certification is required, the juvenile board, the
chief administrative officer, facility administrator or either's designee
in the hiring county may request a transfer of certification to active status.
(2)
The request for certification transfer shall include verification
that all criminal history checks were conducted in accordance with §349.8(a)
of this chapter and returned within the 90 calendar days prior to submission
of the transfer request.
(d)
Expiration of Certification While On Inactive Status.
(1)
If an officer’s certification expires while on inactive
status, the officer will not be eligible for transfer of certification.
(2)
The officer whose certification expires while on inactive
status may apply for certification after obtaining employment and meeting
the eligibility requirements listed under §349.7(a) and §349.7(b)
or §349.7(c) of this chapter.
(e)
Transfer of Training Records. The chief administrative
officer, facility administrator, juvenile board, or either’s designee
shall forward a certified officer's training records, upon a request from
the chief administrative officer, facility administrator or juvenile board
in the county where the officer's certification was transferred.
§349.14.Applicability.
Sections 349.7 through 349.13 of this chapter apply to all certification
and recertifications received on or after the effective date of this subchapter.
Any felony conviction, felony deferred prosecution, misdemeanor conviction,
or misdemeanor deferred prosecution occurring before September 1, 2003 will
not disqualify a certified officer who held an active certification on September
1, 2003 from receiving recertification under this subchapter.
§349.15.Training Hours.
(a)
Approval. The Commission reserves the right to refuse to
grant approval for training hours that do not comply with the guidelines under
this subchapter.
(b)
Hour Limitations.
(1)
Training Topic. No more than 40 training hours in one topic
may count toward certification or recertification.
(2)
Video Training.
(A)
No more than 15 hours of video training may count toward
certification requirements.
(B)
No more than 30 hours of video training may count toward
recertification requirements.
(3)
Distance Learning.
(A)
No more than 15 hours of distance learning may count toward
certification requirements.
(B)
No more than 30 hours of distance learning may count toward
recertification requirements.
(4)
Training Hours for Trainers. An individual who provides
approved officer training under subsection (a) of this section may claim up
to 20 hours per certification period for the development of course curriculum.
(5)
College Courses. A three-hour course delivered by an accredited
college or university may count as 40 hours of recertification training.
(c)
Certification Training.
(1)
Probation Officers. Certification training for probation
officers shall include but not be limited to the following subjects:
(A)
role of the probation officer;
(B)
case planning and management;
(C)
officer safety;
(D)
transportation;
(E)
juvenile law;
(F)
courtroom proceedings and presentation;
(G)
law enforcement processing;
(H)
local programs and services including access procedures;
(I)
interagency collaborations and memoranda of understanding;
(J)
code of ethics, disciplinary and revocation hearing procedures;
and
(K)
abuse, exploitation and neglect.
(2)
Detention Officers. Certification training for detention
officers shall include but not be limited to the following subjects:
(A)
an introduction to juvenile detention;
(B)
juvenile rights;
(C)
abuse, exploitation and neglect;
(D)
behavior observation and recording;
(E)
suicide prevention and identification, including training
on the facility’s suicide prevention plan;
(F)
legal liabilities;
(G)
dynamics of youth with mental illness in detention centers;
(H)
behavior management;
(I)
risk management, safety, and security;
(J)
HIV/AIDS and communicable diseases;
(K)
medical and health services; and
(L)
Code of Ethics, disciplinary and revocation procedures.
(d)
Recertification Training. Recertification training shall
be related to job responsibilities, the field of juvenile justice, or fields
of study approved by the Commission.
(e)
Applicability. This standard applies to all training hours
accrued on or after the effective date of this subchapter.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on January 22, 2003.
TRD-200300437
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§349.21 - 349.32
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.
§349.21.Requests for Disciplinary Hearing.
(a)
Department, Facility or Juvenile Board Requests.
(1)
Code of Ethics Violations. The chief administrative officer,
facility administrator or juvenile board shall 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
chief administrative officer or facility administrator makes the request for
a disciplinary hearing, the chief administrative officer or facility administrator
shall notify in writing the juvenile board of the request simultaneous with
the request's submission to the Commission.
(2)
Criminal Conduct.
(A)
The chief administrative officer, facility administrator
or the juvenile board shall in writing request a certification revocation
from the Commission within 10 working days after obtaining notice that a certified
officer has been convicted or given deferred adjudication for any offense
listed under §349.7(a)(1)(B) of this chapter.
(B)
A request for waiver under §349.2 of this chapter
may not be requested for this section unless the certified officer, chief
administrative officer or facility administrator received a pardon based upon
proof of innocence or the guilty verdict was overturned by a trial or appellate
court.
(b)
Public Requests.
(1)
Code of Ethics Violations. In the event the Commission
receives notice from a member of the public that a certified officer has violated
the code of ethics, the Commission shall notify in writing the chief administrative
officer or the facility administrator and the local juvenile board. Upon receipt
of notification from the Commission, the chief administrative officer, facility
administrator or the juvenile board may conduct an internal investigation.
(2)
Criminal Conduct. In the event the Commission receives
notice from a member of the public that a certified officer has been convicted
or given deferred adjudication for any offense listed under §349.7(a)(1)(B)
of this chapter, the Commission shall in writing notify the facility administrator,
chief administrative officer or the juvenile board. Upon receiving notice
from the Commission, the facility administrator, chief administrative officer,
or juvenile board shall investigate and if disqualifying criminal history
exists request certification revocation in accordance with subsection (a)(2)
of this section.
§349.22.Commission Initiated Hearings.
The Commission may initiate a disciplinary hearing when:
(1)
the Commission discovers through a monitoring visit, compliance
audit or as a result of receiving notice in any other manner that an individual
currently certified by the Commission does not meet the requirements under §349.7(a)
and §349.7(b) or §349.7(c) of this chapter; or
(2)
the Commission designates a certified officer as a perpetrator
in an investigation of abuse, exploitation or neglect investigation conducted
under subchapter F of this chapter.
§349.23.Effect of Request for Disciplinary Hearing.
When the Commission receives a request for disciplinary hearing under §349.21
of this chapter, or when the Commission initiates a disciplinary hearing under §349.22
of this chapter, the Commission shall give the officer subject to the disciplinary
hearing written notice of a hearing conducted by a hearings examiner in accordance
with §349.25 of this chapter.
§349.24.Procedure for Disciplinary Hearing.
(a)
Hearings under this section shall be conducted pursuant
to the Administrative Procedure Act, Texas Government Code Annotated, Chapter
2001.
(b)
The Commission shall have the power to take depositions,
administer oaths or affirmations, examine witnesses, receive evidence, conduct
hearings and issue subpoenas or summons.
(c)
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.
§349.25.Notice.
(a)
The Commission shall provide a minimum of 10 calendar days
notice to the certified officer subject to a disciplinary hearing. Notice
shall be sent by certified mail return receipt requested.
(b)
The notice shall include:
(1)
a statement of the date, time, place, and nature of the
hearing;
(2)
a statement of the legal authority and jurisdiction under
which the hearing is to be held;
(3)
a reference to the particular sections of the statutes
and rules involved; and
(4)
a short plain statement of the matters asserted.
§349.26.Right to Counsel.
(a)
An individual subject to a disciplinary hearing under this
subchapter is entitled to the assistance of counsel during the hearing. The
officer is responsible for all costs of obtaining counsel.
(b)
The officer may expressly waive the right to the assistance
of counsel.
(c)
The officer may also be represented by a designated person.
(d)
Written notice at least 5 calendar days in advance of the
hearing shall be given by each party intending to be represented, including
the name of the representative.
(e)
Failure to give such notice may result in postponement
of the hearing.
§349.27.Disciplinary Hearing.
(a)
The certified officer or his/her representative, shall
be given the opportunity to show compliance with the code of ethics and all
requirements of the law, including Commission standards.
(b)
The hearing shall be conducted before a hearings examiner
appointed by the executive director with only designated Commission staff,
the certified officer, the chief administrative officer, the facility administrator,
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 it is their turn to present evidence.
(c)
The conduct of the hearing shall be under the hearings
examiner’s control, and in general, shall be conducted in accordance
with the following steps:
(1)
The hearing shall begin with the presentation of investigatory
findings by the Commission, supported by such proof as is deemed necessary.
(2)
The certified officer or his/her representative may cross-examine
any witnesses for the Commission;
(3)
The certified officer or his/her representative may then
present such testimonial or documentary proof as desired in rebuttal or in
support of the contention that the officer violated the code of ethics;
(4)
The Commission may cross-examine any witnesses for the
certified officer and offer rebuttal testimony of the certified officer's
witnesses;
(5)
Each party may make closing arguments;
(6)
The hearing shall be recorded and transcribed by means
including but not limited to a stenographic record of the proceedings.
(d)
Findings. The hearings examiner may consider only such
evidence as is presented at the hearing. If the hearings examiner determines
that the evidence presented is insufficient, the hearings examiner may ask
for additional information from the certified officer, or the Commission and
may ask questions on the hearing examiner’s own motion. After all the
evidence has been presented, the hearings examiner shall issue to the Board
for its approval findings of fact and conclusions of law and a proposed disposition.
The proposed disposition may include one of the following:
(1)
Written Reprimand;
(2)
Suspension for a specified period not to exceed 24 months;
or
(3)
Revocation.
(e)
Commission’s Approval. Based on the findings of fact
and conclusions of law the Board by order may approve or amend the proposed
disposition.
(f)
Notice of Order. The Commission shall notify an individual
whose conduct was the subject of a disciplinary hearing of the final order.
The Commission may notify the individual either in person or by certified
mail return receipt requested. The notice of order shall include:
(1)
which acts or omissions by the officer, if any, violated
the code of ethics;
(2)
a statement of the evidence relied upon;
(3)
a statement of which section or sections of the code of
ethics, if any, were violated by the acts or omissions of the officer;
(4)
the Board's disposition concerning the officer's certification;
and
(5)
the individual’s right to rehearing and appeal.
§349.28.Motion for Rehearing.
(a)
An individual wishing to appeal the Commission's final
order may file a motion for rehearing with the Commission no later than the
20th calendar day after receiving notice of disposition.
(b)
The Commission shall rule on the Motion for Rehearing no
later than the 45th calendar day after receiving the motion.
§349.29.Judicial Review.
An individual whose certification has been suspended or revoked and
whose motion for rehearing has been denied by the Board is entitled to judicial
review of the Commission's action.
§349.30.Record.
The Commission shall create a record for each hearing conducted. The
record shall include:
(1)
the request for disciplinary hearing received under §349.21
of this chapter;
(2)
the transcript of the hearing conducted by the hearings
examiner,
(3)
the transcript of the hearing conducted by the Board, which
may take the form of the minutes of the Board meeting;
(4)
any documentary proof submitted during the hearing;
(5)
all staff memoranda and documentation submitted to the
Board in making its decision;
(6)
a copy of the final order issued by the Board;
(7)
any motions for rehearing; and
(8)
the Board's ruling on any motions for rehearing.
§349.31.Mandatory Suspension for Failure to Pay Child Support.
(a)
Upon receipt of an order suspending licensure for failure
to pay child support issued under Texas Family Code §232.008 or §232.009,
the Commission shall suspend the certified officer’s certification.
(b)
Notice of Suspension.
(1)
The Commission shall notify the certified officer subject
to a suspension order received under subsection (a) of this section that the
agency has formally suspended the individual's certification.
(2)
The notice shall also instruct the individual that he or
she may not perform the duties of a certified officer while the suspension
order is in effect.
(3)
The Commission shall also notify the chief administrative
officer or facility administrator and the juvenile board of the employing
juvenile probation department or facility of the suspension.
(c)
Length of Suspension. A certification suspension shall
remain in effect until the Commission receives an order issued under Texas
Family Code §232.013 that either 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.
(e)
A request for waiver or variance under §349.2 of this
title may not be requested for this standard.
(f)
An individual subject to a suspension order issued under
subsection (a) of this section may not appeal the suspension order to the
Commission.
§349.32.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 September 1, 2003.
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 January 22, 2003.
TRD-200300438
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §349.37
The 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 the new standard.
§349.37.Complaint Process.
(a)
When the Commission receives a complaint about a juvenile
board, the Commission shall review the circumstances surrounding the complaint
to determine whether the juvenile board has violated the rules or standards
of the Commission.
(b)
If the Commission determines the complaint is about the
juvenile services within the discretion of the juvenile board, the complaint
shall be referred to the juvenile board. The complainant shall be notified
in writing of the referral by the Commission.
(c)
If the Commission determines the juvenile board has violated
the Commission's rules or standards, the juvenile board shall be notified
in writing of the violation. If, within 90 calendar days of the date on which
the juvenile board received written notice of the Commission's determination,
the juvenile board does not propose its own means of achieving compliance
or the plan is not acceptable to the Commission, the Commission will attempt
to negotiate a mutually agreeable solution.
(d)
Upon written notice of the violation, the juvenile board
shall be given 90 calendar days to achieve compliance or propose a plan to
achieve compliance acceptable to the Commission.
(e)
If the Commission and the juvenile board cannot reach an
agreement, the Commission will give the juvenile board written notice of its
intent to refuse, reduce, or suspend state aid, under authority of the Texas
Human Resources Code, §141.085 Upon receipt of the above notice, the
juvenile board shall have 15 calendar days to:
(1)
notify in writing the Commission’s Executive Director
of the juvenile boards compliance;
(2)
propose in writing an alternate solution; or
(3)
provide a written appeal of the Commission’s action(s)
to the Executive Director.
(f)
The juvenile board's appeal must state specifically its
differences of opinion with the Commission's staff concerning the facts in
dispute and the solution necessary under the standards or rules of the Commission.
The appeal shall state whether the juvenile board requests a hearing before
the Commission’s board.
(g)
The Commission shall set the appeal on the agenda for its
next regularly scheduled meeting. If the juvenile board has requested a hearing,
the juvenile board and the Commission's staff may appear and make oral presentations
concerning the appeal. If the juvenile board does not request a hearing before
the Commission, the Commission’s board will make its decision based
upon the record.
(h)
The complainant shall be notified in writing upon receipt
of the complaint and upon resolution.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on January 22, 2003.
TRD-200300439
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§349.42 - 349.52
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.
§349.42.Applicability.
This chapter applies to investigations conducted by the Commission
of allegations of abuse, exploitation and neglect that occur in or involve
an employee, volunteer or intern of a juvenile justice program, juvenile probation
department, secure detention facility, short-term detention facility, post-adjudication
secure correctional facility or juvenile justice alternative education program.
§349.43.Definitions.
The Commission applies the statutory definitions of "abuse," "exploitation"
and "neglect" that appear in the Texas Family Code Chapter 261. In addition,
the words and terms used in this subchapter shall have the following definitions
unless the context clearly indicates otherwise.
(1)
Administrative Closure--Allegation disposition used when
further Commission intervention is unwarranted.
(2)
Allegation Disposition--The finding made at the conclusion
of an investigation about each individual allegation of abuse, exploitation
or neglect that was identified at intake or during the investigation.
(3)
Alleged Perpetrator--A person alleged as being responsible
for the abuse, exploitation or neglect of a juvenile.
(4)
Alleged Victim--A juvenile alleged as being a victim of
abuse, exploitation or neglect.
(5)
Collateral--Anyone other than the alleged perpetrator or
alleged victim that may have any information relevant to an investigation.
(6)
Designated Perpetrator--Role assigned to the individual
the investigator concludes is responsible for the abuse, exploitation or neglect
of a juvenile when an allegation disposition is reason to believe.
(7)
Designated Victim--Role assigned to the juvenile the investigator
concludes was abused, exploited or neglected when the allegation disposition
is reason to believe.
(8)
Initiate--First contact or attempted contact by the Commission
by phone, fax or e-mail with a representative of the juvenile probation department,
secure detention facility, short-term detention facility, post-adjudication
secure correctional facility, juvenile justice program, juvenile board or
law enforcement agency or member of the public in response to an allegation
of abuse, exploitation or neglect.
(9)
Internal Investigation--An investigation conducted by a
juvenile justice program, secure detention facility, short-term detention
facility, post-adjudication secure correctional facility, juvenile probation
department or juvenile justice alternative education program in response to
an allegation of abuse, exploitation, or neglect.
(10)
Juvenile--Regardless of age, any participant in a juvenile
justice program, JJAEP, or any resident of a secure detention facility, short-term
detention facility or post-adjudication secure correctional facility.
(11)
No Role--Designation assigned by an investigator to a
person alleged as a victim or as a perpetrator when the allegation disposition
is administrative closure or ruled out.
(12)
Notice of TJPC Standards Non-Compliance--Formal report
issued by the Commission that states the standards with which the facility,
program or department were non-compliant.
(13)
Unable to Determine--Allegation disposition where, based
on the lack of sufficient evidence, the investigator could not determine if
the abuse, exploitation or neglect occurred.
(14)
Unknown--Role assigned by the investigator to the alleged
perpetrator and alleged victim where the allegation disposition was unable
to determine.
(15)
Reason to Believe--Allegation disposition where, based
on a preponderance of the evidence, the investigator concludes that abuse,
exploitation or neglect has occurred.
(16)
Report--An allegation of abuse, exploitation, or neglect
of a juvenile.
(17)
Reporter--An individual who makes a report alleging the
abuse, exploitation or neglect of a juvenile. If more than one individual
makes a report of the same allegation, all such individuals shall have the
designation of reporter.
(18)
Risk Assessment--Documentation issued by the Commission
during the course of an investigation that notifies a department, facility
or program that a current policy, procedure, practice or other circumstance
may lead to or contribute to abuse, neglect or exploitation.
(19)
Ruled Out--Allegation disposition where, based on a preponderance
of evidence, the investigator determines that the abuse, exploitation or neglect
did not occur.
(20)
Serious Incident Report--Report by a facility, or program
informing the Commission of a suicide, attempted suicide, escape, serious
injury of a juvenile or youth-on-youth assault.
(21)
Witness--A person other than the alleged perpetrator or
alleged victim, who has either seen or heard an incident that was the basis
of a report of abuse, exploitation or neglect.
§349.44.Serious Incident Reports.
(a)
The Commission shall maintain a database of all serious
incident reports.
(b)
The Commission shall screen all serious incident reports
and may open an investigation of abuse, exploitation or neglect based on any
information contained in the serious incident report that leads the Commission
to believe a juvenile may have been abused, exploited or neglected.
§349.45.Notification to Law Enforcement.
(a)
The Commission shall report an allegation of abuse, exploitation
or neglect to a law enforcement agency within 24-hours from the time the allegation
is received by the Commission.
(b)
Allegations involving serious physical or sexual abuse
shall be investigated jointly with local law enforcement in accordance with
the Texas Code of Criminal Procedures Article 2.27.
§349.46.Priorities for Investigation.
(a)
The Commission shall assign each report of abuse, exploitation
or neglect to one of two priority groups:
(1)
Priority I. Reports concerning juveniles who appear to
face an imminent risk of abuse, exploitation or neglect that could result
or did result in death or serious harm.
(2)
Priority II. All reports of abuse, exploitation or neglect
that are not assigned to Priority I.
(b)
The Commission shall initiate an investigation:
(1)
within 24 hours of receiving a Priority I report; and
(2)
within 10 working days of receiving a Priority II report.
§349.47.Roles Assigned at Assessment.
Each person named in the report shall be assigned a role in the alleged
abuse, exploitation or neglect. Roles assigned at the initial assessment of
the report are:
(1)
Alleged victim
(2)
Alleged perpetrator
(3)
Witness
§349.48.Investigation Steps.
(a)
The investigator shall provide for the protection of the
juvenile as specified in Texas Family Code §261.101(d).
(b)
The investigator shall determine if the Commission has
jurisdiction to conduct the investigation.
(c)
Basic Steps. In conducting an investigation, the investigator
may, but is not limited to:
(1)
make contact with any collateral;
(2)
obtain the internal investigation from the facility or
program in which the alleged abuse, exploitation or neglect occurred;
(3)
examine or obtain an examination of:
(A)
the alleged victim(s); and
(B)
each juvenile who may be at risk of abuse, exploitation
or neglect
(4)
interview:
(A)
the alleged victim;
(B)
each juvenile who may be at risk of abuse, exploitation
or neglect;
(C)
the alleged victim's parents;
(D)
the alleged perpetrator(s);
(E)
collateral sources, including but not limited to, facility
administrators, teachers, medical personnel, staff, volunteers and interns;
(F)
every juvenile who may have information that will help
determine whether any juvenile has been or is at risk of abuse, exploitation
or neglect;
(G)
an interview may occur through a recorded telephone conversation
so long as the person being interviewed knows the telephone interview is being
recorded.
(5)
make a department, facility or program visit;
(6)
conduct a criminal background check on the alleged perpetrator;
(7)
obtain written statements from the alleged victim(s), alleged
perpetrator(s) and collateral sources;
(8)
take photographs that are deemed necessary to the investigation;
(9)
issue a risk assessment; and
(10)
notify the placing juvenile court and juvenile probation
department immediately, if during the course of an investigation, the investigator
determines a juvenile is in need of a medical examination.
(d)
On-Site Investigations. If an investigator decides to make
a visit under subsection (c)(5) of this section, the investigator:
(1)
may announce the visit on the basis of the nature of the
allegation and the need to protect the juvenile;
(2)
shall at the first face-to-face contact with the chief
administrative officer or his/her designee and the alleged perpetrator(s):
(A)
identify himself/herself using the Commission identification
(B)
explain the nature of the complaint or the reason for the
contact;
(C)
explain the Commission’s role, legal responsibilities
in the investigation, and procedures for conducting the investigation;
(D)
discuss each allegation in the report;
(E)
explain that the law requires the Commission to refer all
reports of alleged abuse, exploitation or neglect to a law enforcement agency
for a separate determination of whether a criminal violation occurred;
(F)
explain a designated perpetrator’s right to file
a complaint with the Commission or to request a review of the findings made
by the Commission in the investigation;
(G)
explain the alleged perpetrator’s or designated perpetrator’s
right to review all records of the investigation unless the review would jeopardize
an on-going criminal investigation;
(H)
explain the right to seek legal counsel; and
(I)
provide a copy of the signed Formal Notification of the
TJPC Investigation.
§349.49.Investigation Process, Disposition and Roles.
All investigations conducted by the Commission shall be conducted and
disposed of in one of the following ways:
(1)
Preliminary Investigation.
(A)
Unless the Commission does not have jurisdiction to complete
a Preliminary Investigation, the investigator shall:
(i)
make contact with a collateral; and
(ii)
receive an internal investigation.
(B)
A Preliminary Investigation shall be disposed of as "Administrative
Closure" when:
(i)
the situation no longer appears to meet the statutory definitions
of abuse, exploitation or neglect;
(ii)
the allegation has already been investigated by the Commission;
(iii)
another authorized entity, such as law enforcement or
another state agency such as the Texas Department of Protective and Regulatory
Services, Texas Department of Health, Texas Commission of Alcohol and Drug
Abuse, Texas Youth Commission or the Texas Department of Mental Health and
Mental Retardation will be conducting an investigation;
(iv)
the Commission does not have the authority to finish the
investigation because the alleged abuse, exploitation or neglect did not occur
in a facility or program within the jurisdiction of the Commission in accordance
with Texas Family Code §261.405; or
(v)
the internal investigation received by the investigator
substantiates the allegation and further agency intervention is unwarranted.
(C)
The role assigned to the alleged victim(s) and the alleged
perpetrator(s) in a Preliminary Investigation with an allegation disposition
of administrative closure shall be "No Role".
(2)
Abbreviated Investigation.
(A)
To complete an Abbreviated Investigation, the investigator
shall:
(i)
interview and/or examine the alleged victim;
(ii)
interview at least one collateral;
(iii)
assess and document the impact of any risk factors; and
(iv)
determine that abuse, exploitation or neglect did not
occur.
(B)
An Abbreviated Investigation shall only be assigned a disposition
of "Ruled Out".
(C)
The role assigned to the alleged victim(s) and the alleged
perpetrator(s) in an Abbreviated Investigation shall be "No Role".
(3)
Thorough Investigation.
(A)
A Thorough Investigation shall be conducted for all cases
assessed as Priority I and may be conducted for any case assessed as Priority
II.
(B)
A Thorough Investigation shall include:
(i)
an on-site visit;
(ii)
an interview and/or examination of the alleged victim(s);
(iii)
an interview with at least one collateral;
(iv)
an interview with the alleged perpetrator unless:
(I)
the alleged perpetrator is in police custody and the investigator
was unable to obtain authorization from the investigating law enforcement
entity before conducting the interview or;
(II)
the alleged perpetrator declines the interview.
(C)
A Thorough Investigation may be assigned a disposition
of:
(i)
Reason-to-Believe;
(ii)
Ruled Out; or
(iii)
Unable-to-Determine
(D)
The roles assigned to the alleged victim(s) and alleged
perpetrator(s) in a Thorough Investigation shall be:
(i)
"Designated Victim" and "Designated Perpetrator" if the
disposition is "Reason-to-Believe";
(ii)
"No Role" if the disposition is "Ruled Out"; and
(iii)
"Unknown" if the disposition is "Unable-to-Determine".
§349.50.Notification of Disposition.
(a)
Preliminary Investigation. When a Preliminary Investigation
is disposed of, the Commission shall notify in writing the following parties
about the disposition of the investigation:
(1)
the juvenile board of the placing county;
(2)
the chief administrative officer of the placing county;
(3)
the juvenile board of the county in which the alleged abuse,
exploitation or neglect occurred;
(4)
the chief administrative officer of the county in which
the alleged abuse, exploitation or neglect occurred;
(5)
the facility administrator; and
(6)
the reporter, if requested.
(b)
Abbreviated or Thorough Investigation. When an Abbreviated
or Thorough Investigation is disposed of, the Commission shall notify in writing
the following parties about the disposition of the investigation:
(1)
the parents of the alleged/designated victim(s);
(2)
the alleged/designated perpetrator(s);
(3)
the chief administrative officer of the placing county;
(4)
the juvenile board of the county in which the alleged abuse,
exploitation or neglect occurred;
(5)
the chief administrative officer of the county in which
the alleged abuse, exploitation or neglect occurred;
(6)
the facility administrator;
(7)
the reporter, if requested; and
(8)
the juvenile board of the placing county.
§349.51.Notice of TJPC Standards Non-Compliance and Risk Assessment.
At the conclusion of an investigation the Commission may issue a:
(1)
Notice of TJPC Standards Non-Compliance; or
(2)
Risk Assessment.
§349.52.Administrative Review and Appeal of Investigation Findings.
(a)
Anyone whom the Commission designates as a perpetrator
of abuse, exploitation or neglect as specified in §349.49(3)(D)(i) of
this chapter may request an administrative review of the Commission’s
allegation disposition of whether abuse, exploitation or neglect occurred.
(b)
The designated perpetrator shall request the review in
writing within 45 calendar days after receiving the Commission’s written
notice of findings.
(c)
If civil or criminal court proceedings related to an allegation
that the Commission has investigated are pending when a designated perpetrator
requests an administrative review, or if such proceedings are initiated before
the Commission begins the review, the Commission may postpone the review until
the proceedings are completed.
(d)
The designated perpetrator has a right to:
(1)
appear in person at the review;
(2)
invite a representative to speak on his or her behalf;
and
(3)
submit relevant written material.
(e)
If the designated perpetrator does not speak English or
is hearing impaired, the Commission shall provide a certified interpreter
unless the designated perpetrator chooses to provide a certified interpreter
of his or her own.
(f)
The designated perpetrator is responsible for all costs
incurred in connection with the review, including the cost of an interpreter
if he or she chooses to provide one.
(g)
The administrative review shall be conducted by a Commission
hearings examiner. The hearings examiner shall confirm or revise the Commission’s
original dispositions based on the same policies that the Commission applied
during the original investigation. Within 30 calendar days after completing
the review, the hearings examiner shall notify the designated perpetrator
of the outcome of the review.
(h)
The hearings examiner’s notification must inform
the designated perpetrator that he or she can appeal to the State Office of
Administrative Hearings if he or she is dissatisfied with the decision. To
this end, the notification must explain the procedure for making an appeal.
(i)
If the hearings examiner or the State Office of Administrative
Hearings revises the Commission’s original findings or advises the Commission
to take any other actions in the case, the Commission must:
(1)
enter the revised findings into the investigation record;
(2)
notify each person who was notified of the original findings
about the revised findings, except for reporters who report in a non-professional
capacity; and
(3)
take the other actions specified by the reviewer, if any.
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 January 22, 2003.
TRD-200300440
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§349.57 - 349.64
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.
§349.57.Purpose.
The purpose of this subchapter is to clarify to whom and under what
circumstances the Commission may disclose information made confidential under
Texas Family Code §261.201.
§349.58.Definitions.
The words and terms used in this subchapter shall have the following
meanings, unless the context clearly indicates otherwise:
(1)
Case records--All records described in Texas Family Code §261.201(a)
which were collected, developed, or used in an abuse, exploitation or neglect
investigation, which are under the control of the Commission. The term case
records, as used in this subchapter, shall include investigation records,
facility records as well as all juvenile court and probation department records
in the control of the Commission which relate to the placement of a juvenile
or which relate to the provision of other services to a juvenile or the juvenile’s
family.
(2)
Code--The Texas Family Code.
(3)
Investigation Records--That portion of the records described
in Texas Family Code §261.201(a) which were collected, developed, or
used in an abuse, exploitation or neglect investigation and which are under
the control of the Commission. The term investigation records, as used in
this subchapter, shall not include those records under the control of the
Commission that relate solely to the placement of a juvenile or to the provision
of services to a juvenile or the juvenile’s family.
(4)
Parent--Adoptive parent, possessory conservator, temporary
or permanent managing conservator, legal guardian, or other legal representative
of the juvenile, provided that the requestor's parental or other legal relationship
to the juvenile has not been terminated at the time the request for information
is made.
(5)
Report--A report of alleged abuse, exploitation or neglect
(6)
Reporter--An individual who makes a report to the Commission
alleging the abuse, exploitation or neglect of a juvenile. If more than one
individual makes a report alleging abuse, exploitation or neglect of the same
juvenile, all such individuals shall have the designation of reporter.
§349.59.Access to Confidential Information.
(a)
To the extent required by state or federal law, or to the
extent deemed necessary by the Commission for the protection and care of juveniles,
the Commission may release case record information made confidential under
Texas Family Code §261.201(a) to the following listed persons or entities:
(1)
the juvenile board and the chief administrative officer
that placed the alleged victim;
(2)
the juvenile board, the chief administrative officer and
the facility administrator of the county in which the facility, juvenile justice
program or juvenile justice alternative education program is located;
(3)
law enforcement officials for the purpose of investigating
allegations of abuse, exploitation or neglect or for the purpose of investigating
allegations of false or malicious reporting of alleged abuse, exploitation
or neglect;
(4)
a physician who suspects a juvenile may be the victim of
abuse, exploitation or neglect and requires this information for diagnosis,
prognosis, or treatment of the juvenile;
(5)
a government official when specifically required by law;
(6)
a grand jury;
(7)
an attorney, attorney ad litem, guardian ad litem, or court
appointed special advocate of an alleged victim;
(8)
a court in a criminal or civil case arising out of an investigation
of abuse, exploitation and neglect;
(9)
the attorney general of the state, or a county attorney
or district attorney, when such attorney represents the state in a proceeding
arising out of an investigation;
(10)
a member of the state legislature when necessary to carry
out that member's official duties; and
(11)
any other person or entity, when in the discretion of
the Commission, such information is necessary to properly meet the juvenile’s
needs.
(b)
Upon written request, the Commission shall provide access
to case records to the parent or other legal guardian of the alleged/designated
victim provided that the records are redacted in accordance with §349.60.
(c)
The Commission may release case records, or information
contained therein, to a minor child who is the subject of those records if
the Commission deems the release to be in the best interest of the minor child.
(d)
Upon written request, the Commission shall provide access
to investigation records to an alleged or designated perpetrator.
(e)
An individual not otherwise entitled to have access to
records under this section, but who participated in, cooperated with, or otherwise
contributed to an investigation may have access to only that portion of the
case records obtained directly from or pertaining directly to that individual.
§349.60.Redaction of Records Prior to Release.
(a)
Redaction of Reporter’s Identity.
(1)
Unless otherwise permitted by law, prior to the release
of investigation or case records, the Commission shall redact the name, address,
and any other information in the record that tends to reveal the identity
of the reporter.
(2)
In the event that the reporter also provided a witness
statement or other evidence, the reporter’s identity as a witness and
the information provided in the role of witness will be released. Any information
which might identify that individual as the reporter shall be redacted from
the record prior to its release.
(b)
The Commission shall withhold the release of any records
obtained from another source, if the release of those records to the requestor
is specifically prohibited under state or federal law. Information which may
be withheld under this section includes, but is not limited to, the following:
(1)
all medical records subject to the Medical Practices Act,
Texas Civil Statutes, Article 4495(b), unless release to the requestor is
authorized under that Act;
(2)
HIV information unless release to the requestor is authorized
under the Health and Safety Code, Chapter 81;
(3)
criminal history or arrest records obtained from a law
enforcement entity unless their release to the requestor is specifically authorized
under state and federal law;
(4)
adult or juvenile probation records, as well as juvenile
arrest records, unless their release to the requestor is specifically authorized
under state and federal law; and
(5)
polygraph exam reports, unless their release to the requestor
is specifically authorized under the Polygraph Examiners Act, Texas Civil
Statutes, Article 4413(29cc), §19A.
(c)
Notwithstanding any other provision in this chapter, the
Commission may withhold any information in its records if, in the judgment
of the Commission, the release of that information would endanger the life
or safety of any individual. The Commission shall keep a record of any information
so withheld and shall document the specific factual basis for its belief that
the release of the information would be likely to endanger the life or safety
of an individual.
(d)
Information withheld from a requestor under this subsection,
as well as the documented basis for withholding information under subsection
(b) of this section, may be released only upon a court order.
§349.61.Procedures for Requesting Access to Confidential Information.
(a)
Subject to the exception in §349.63 upon written request
for copies of records, and a determination that the requestor is entitled
to have access to those records, the Commission will provide copies of the
requested records.
(b)
Notwithstanding any other provision in this subchapter,
the Commission shall not disclose any record or information, which, if released
to the requestor, would interfere with an ongoing criminal investigation or
prosecution.
(c)
Records will not be released until the investigation of
an allegation of abuse, exploitation or neglect is complete.
(d)
Notwithstanding any other provision in this subchapter,
if the Commission has been sued by any party and the Commission determines
that the release of the requested records might interfere with its defense
of that litigation, the Commission may require that a requestor seek access
to records under the appropriate rules of civil procedure rather than these
rules.
§349.62.Public Information.
The Commission shall compile statewide statistics on the incidence
of abuse, exploitation and neglect as required by Texas Family Code §261.402.
The following information is available to the public upon request:
(1)
the number of allegations of abuse, exploitation and/or
neglect;
(2)
whether the allegation was abuse, exploitation or neglect;
and
(3)
the allegation dispositions.
§349.63.Videotapes, Audiotapes and Photographs.
(a)
Individuals authorized under §349.59 of this chapter
have access to investigation records or case records and may view and/or listen
to any videotapes, audiotapes, or photographs which are a part of those records.
(1)
Access will be permitted only in areas, designated by the
Commission, at a time mutually convenient to the requestor and the Commission.
(2)
When viewing or listening to these records, the requestor
may not be accompanied by any individual who would not otherwise be entitled
to have access to these records, unless the participation of this individual
is deemed by the Commission to be appropriate under the circumstances surrounding
the request.
(b)
Copies of videotapes, audiotapes, and photographs may be
provided to the individuals or entities identified in §349.59(a) of this
chapter, only if, in the judgment of the Commission the provision of a copy
is essential to the investigation, prosecution, or resolution of a case.
§349.64.Charges for Copies of Records.
The Commission may charge a fee for records provided under §349.59(a)
of this chapter using the same fee structure as that used by the Commission
when assessing charges under Chapter 552, Texas Government Code.
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 January 22, 2003.
TRD-200300441
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§349.69 - 349.72
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.
§349.69.Memorandum of Understanding--Coordinated Services for Multi-problem Children and Youth.
(a)
The Commission adopts by reference a joint memorandum of
understanding with the Texas Commission for the Blind, Texas Department of
Health, Texas Department of Protective and Regulatory Services, Texas Department
of Mental Health and Mental Retardation, Texas Education Agency, Texas Rehabilitation
Commission, and the Texas Youth Commission concerning coordinated services
for multi-problem children and youth which provides for the implementation
of a system of community resource coordination groups.
(b)
The memorandum of understanding was published in the November
15, 1988, issue of the Texas Register (13 TexReg 5727) by the Texas Department
of Human Services, 40 TAC §72.701. Copies of the memorandum of understanding
are available from the Texas Juvenile Probation Commission.
§349.70.Memorandum of Understanding--Service Delivery to Dysfunctional Families.
(a)
The Commission adopts by reference a joint memorandum of
understanding with the Texas Department of Human Services and the Texas Youth
Commission regarding service delivery to dysfunctional families.
(b)
The memorandum of understanding was published in the Texas
Register by the Texas Department of Human Services on October 29, 1991 (16
TexReg 6126). Copies of the memorandum of understanding are available from
the Texas Juvenile Probation Commission.
§349.71.Memorandum of Understanding--Transition Planning for Students Receiving Special Education Services.
(a)
The Commission adopts by reference a joint memorandum of
understanding with the Texas Education Agency and other state agencies regarding
transition planning for students receiving special education services.
(b)
The memorandum of understanding is published in Title 19
Texas Administrative Code §89.1110.
§349.72.Memorandum of Understanding--Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities.
(a)
The Commission adopts by reference a joint memorandum of
understanding with the Texas Education Agency and other state agencies regarding
the coordination of special education services to students with disabilities
in residential facilities.
(b)
The memorandum of understanding is published in Title 19
Texas Administrative Code §89.1115.
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 January 22, 2003.
TRD-200300442
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
The Texas Juvenile Probation Commission proposes 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. The repeal is in an effort not to overlap with new proposed standards
in Chapter 349 which provides structural and substantive changes from the
current standards.
Ron Quiros, Director of Training and Certification, has determined that
for the first five year period the repeal is in effect, there will be no fiscal
implications for state or local government or small businesses as a result
of enforcement or implementation.
Mr. Quiros, has also determined that for each year of the first five years
the repeal is in effect, the public benefit expected as a result of the repeal
will provide Texas Juvenile Probation Commission 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 repeal.
Public comments on the repeal may be submitted to Kristy Carr at the Texas
Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711-3547.
Subchapter A. INTAKE, INVESTIGATION, AND ASSESSMENT
37 TAC §§349.101 - 349.119
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§349.101.Terminology Used in Statutory Definitions of Child Abuse and Neglect and Person Responsible for a Child's Care, Custody, or Welfare.
§349.102.Definitions.
§349.103.Response to Reports That Do Not Allege Abuse or Neglect.
§349.104.Availability of Intake Services.
§349.105.Priorities for Investigation and Assessment.
§349.106.Notification of Law Enforcement Agencies.
§349.107.Investigation Interviews.
§349.108.Roles Alleged at Intake.
§349.109.Interviews with Facility Administrators, Staff, and Alleged Perpetrators.
§349.110.Interview.
§349.111.Medical Examinations.
§349.112.Completion of the Investigation and Assessment.
§349.113.Disposition of the Allegations of Abuse or Neglect.
§349.114.Conclusions about Roles.
§349.115.Notification about Results.
§349.116.Risk Assessment and Safety Evaluation.
§349.117.Providing Immediate or Short-Term Protection.
§349.118.Administrative Review of Investigation Findings.
§349.119.Testing.
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 January 22, 2003.
TRD-200300443
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§349.501 - 349.508
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§349.501.Purpose.
§349.502.Definitions.
§349.503.Access to Confidential Information Maintained by the Texas Juvenile Probation Commission (TJPC).
§349.504.Redaction of Records Prior to Release.
§349.505.Procedures for Requesting Access to Confidential Information.
§349.506.Public Information.
§349.507.Videotapes, Audiotapes, and Photographs.
§349.508.Charges for Copies of Records.
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 January 22, 2003.
TRD-200300444
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
The Texas Juvenile Probation Commission proposes the repeal of Chapter
351, §§351.1 - 351.16 and §§351.20 - 351.23, relating
to standards for short-term detention facilities. The repeal is in an effort
not to overlap with new proposed standards in Chapter 351 which provide structural
and substantive changes from the current standards.
Luis Guerrero, Unit Coordinator of the Field Services Division, has determined
that for the first five year period the repeal is in effect, there will be
no fiscal implications for state or local government or small businesses as
a result of enforcement or implementation.
Mr. Guerrero, has also determined that for each year of the first five
years the repeal is in effect, the public benefit expected as a result of
the repeal will provide Texas Juvenile Probation Commission 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 repeal.
Public comments on the repeal may be submitted to Kristy Carr at the Texas
Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711-3547.
Subchapter A. DEFINITIONS
37 TAC §351.1
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Juvenile Probation Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§351.1.Definitions.
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 January 22, 2003.
TRD-200300449
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§351.2 - 351.16
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§351.2.Administration, Organization, and Management.
§351.3.Supervision.
§351.4.Treatment and Safety.
§351.5.Management Information Systems.
§351.6.Residents' Records.
§351.7.Physical Plant.
§351.8.Security and Control.
§351.9.Rules and Discipline.
§351.10.Hygiene.
§351.11.Medical and Mental Health Services.
§351.12.Intake, Admission and Release.
§351.13.Communications.
§351.14.Residents' Rights.
§351.15.Volunteers and Interns.
§351.16.Waivers.
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 January 22, 2003.
TRD-200300450
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§351.20 - 351.23
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Juvenile Probation Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under §141.042 of the
Texas Human Resource Code, which provides the Texas Juvenile Probation Commission
with the authority to adopt reasonable rules which provide minimum standards
for juvenile boards.
No other code or article is affected by the repeal.
§351.20.Hiring Short-Term Juvenile Detention Officers.
§351.21.Training.
§351.22.Requirements for Continued Employment.
§351.23.Certification.
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 January 22, 2003.
TRD-200300451
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
The Texas Juvenile Probation Commission proposes new Chapter 351, §§351.1-351.17,
351.30-351.33, and 351.40-351.48, relating to standards for short-term detention
facilities. The proposed standards provide structural and substantive changes
from the current standards.
Luis Guerrero, Unit Coordinator of the Field Services Division, 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.
Mr. Guerrero has also determined that for each year of the first five years
the new sections are in effect, the public benefit expected as a result of
enforcement will be the consistent standards to all counties across the State
of Texas which will provide TJPC with a more accurate account in evaluating
the effectiveness and services provided within the juvenile probation system.
There will be no impact on small business or individuals as a result of the
new sections.
Public comments on the proposed new sections may be submitted to Kristy
Carr at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas
78711-3547.
Subchapter A. DEFINITIONS
37 TAC §351.1
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.
§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)
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 short-term detention facility.
(3)
Chemical Agents--Oleorsin Capsicum (OC) pepper spray, or
Orthoclhorobenzalmalonoitrile (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)
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:
(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 resident, former resident, associate
of or family members of a resident.
(7)
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.
(8)
Facility Administrator--Individual designated by the Chief
Administrative Officer or juvenile board, as the on-site program director
or superintendent of a short-term detention facility.
(9)
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.
(10)
Mental Health Professional--Practitioner licensed or certified
by:
(A)
the Texas State Board of Examiners of Professional Counselors;
(B)
the Texas State Board of Examiners of Marriage and Family
Therapists;
(C)
the Texas Department of Health;
(D)
the Texas Commission on Alcohol and Drug Abuse;
(E)
the Texas State Board of Examiners of Psychologists; and
(F)
the Texas Board of Social Worker Examiners provided the
licensure is either as an advanced practitioner or advanced clinical practitioner;
(G)
the Texas State Board of Medical Examiners; or
(H)
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.
(11)
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.
(12)
Resident--A juvenile or other individual that has been
admitted into a short-term detention facility.
(13)
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.
(14)
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.
(15)
Short-Term Detention Officer--A person whose primary responsibility
is the supervision of the daily activities of the short-term detention facility's
residents.
(16)
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 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 January 22, 2003.
TRD-200300445
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
37 TAC §§351.2 - 351.17
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.
§351.2.Administration and Management.
(a)
Policies and Procedures. The juvenile board shall approve
policies and procedures for the facility or approve the policies and procedures
of a private provider operating a facility within its county under contract
with the Juvenile Board and/or the County.
(b)
Certification and Registration. The juvenile board’s
current facility certification and the Commission’s registration shall
be posted within the facility in a public area.
(c)
Facility Administrator.
(1)
There shall be a single facility administrator on-site
that is designated to oversee the daily operations of the facility.
(2)
The person designated as the facility administrator may
be the county or judicial district’s chief administrative officer.
(3)
A short-term detention officer shall 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)
reviewing the facility’s policy and procedure manual
on an annual basis and maintaining documentation of this review; and
(2)
maintaining personnel records for each employee which shall
include:
(A)
proof of age;
(B)
documentation of criminal background checks under §351.30(b)(4)
of this chapter and §349.8 of this title;
(C)
the application for employment;
(D)
performance evaluations;
(E)
training records; and
(F)
documentation of promotion, demotion, termination and other
personnel actions.
§351.3.Treatment and Safety.
(a)
Serious Incidents. The facility administrator or designee
shall report to the Commission within 24 hours, the death, attempted suicide,
escape and any serious injury, including youth on youth assaults that requires
medical treatment by a physician or physician's assistant that occurs in a
facility.
(b)
Abuse, Exploitation and Neglect. Any employee, volunteer
or intern of a facility shall report to the Commission and local law enforcement
any allegation of abuse, exploitation or neglect of a resident that occurs
in or involves an employee of a juvenile justice program, juvenile probation
department, juvenile justice alternative education program, pre-adjudication
secure detention facility, post adjudication secure correctional facility
or short-term detention facility.
(1)
Any allegation of abuse, neglect or exploitation involving
a juvenile under the jurisdiction of the juvenile court that is not alleged
to have occurred in a program or facility under the jurisdiction of the juvenile
board shall be reported as required in Texas Family Code, Section 261.
(2)
A report of the alleged abuse, exploitation or neglect
under (b) shall be made within 24 hours from the time the allegation is made.
(c)
Internal Investigation.
(1)
An internal investigation shall be conducted of all allegations
of abuse, exploitation or neglect of a resident.
(2)
All employees, volunteers and interns shall fully cooperate
with any Commission investigation of alleged abuse, exploitation, or neglect
of a resident;
(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 residents in the facility, relatives of the alleged victim, participants
in a juvenile justice program or individuals under the jurisdiction of the
juvenile court.
(4)
At the conclusion of the internal investigation, the facility
administrator or his/her designee shall take appropriate measures to provide
for the safety of the residents.
(5)
The facility administrator or designee shall submit a copy
of the internal investigation to the Commission within 5 calendar days following
the completion of the internal investigation.
(d)
Juvenile Board. In the event the facility administrator
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 facility to conduct the internal investigation;
(2)
until the conclusion of the internal investigation, place
the facility administrator on administrative leave, or ensure the facility
administrator has no contact with residents in the facility, relatives of
the alleged victim, participants in a juvenile justice program or individuals
under the jurisdiction of the juvenile court.
(3)
the juvenile board or their designee shall submit a copy
of the internal investigation to the Commission within 5 calendar days following
the completion of the internal investigation.
(e)
Public Facilities. If the facility is operated by the juvenile
board and the chief administrative officer is not the facility administrator,
the chief administrative officer may perform the duties under subsection (d)
of this section.
§351.4.Intake, Admission and Release.
(a)
Intake. Any individual presented for admission for detention
in a short-term detention facility 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 the short-term detention facility.
(1)
The referring person shall be directed to a health care
facility to have the individual evaluated and treated.
(2)
Subsequent admission to the short-term detention facility
is contingent upon written medical clearance provided by a medical or mental
health professional.
(b)
Intoxicated Individuals.
(1)
Anyone admitted into a short-term detention facility shall
be assessed to determine need for detoxification from alcohol or other substances.
(2)
Intoxicated individuals who have been medically cleared
for admission should be segregated from other residents and closely monitored
by staff.
(c)
Intake and Release.
(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 a resident referred
to the facility.
(d)
Orientation.
(1)
A short-term detention officer shall orient each newly
admitted resident to the facility.
(2)
The orientation shall include an explanation of the following:
(A)
facility’s rules; and
(B)
grievance procedures.
(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 bathe
or shower upon admission.
(i)
Notice. Each resident shall be informed of the procedures
in which health care services shall be provided.
(j)
Assessment Period. Upon entering a short-term detention
facility, a resident may be placed in room confinement for purposes of assessing
the risks and needs of the resident in accordance with the following:
(1)
the assessment period shall not last more than 24 hours;
(2)
short-term juvenile detention officers shall document their
assessment of residents during this 24-hour period; and
(3)
short-term juvenile detention officers shall conduct and
record room checks at staggered intervals not to exceed 15 minutes.
(k)
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 §351.13(d)(1)(A)(ii)
of this chapter;
(3)
current state of health including:
(A)
allergies;
(B)
other chronic conditions;
(C)
tuberculosis;
(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.
(l)
Screening Results. 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.
(m)
Screening. The TJPC Standard Screening Tool shall be administered
to each resident that is admitted into the short-term detention facility.
(1)
The tool shall be administered within 24 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.
(3)
A copy of the completed tool shall be provided to the receiving
pre-adjudication secure detention facility upon transfer from the short-term
detention facility.
(n)
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 return of personal property;
and
(4)
receipt signed by person receiving custody.
§351.5.Supervision.
(a)
Gender.
(1)
If residents of both genders are housed within the short-term
detention facility, short-term detention officers of both genders shall be
on duty and available to the residents for every shift.
(2)
Short-term 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 required the presence of a
short-term detention officer of the same gender.
(b)
Ratios.
(1)
The short-term juvenile detention officer to resident ratio
shall not be less than 1 short-term detention officer to every 8 residents.
(2)
An individual hired as a short-term detention officer may
count toward meeting the detention officer to resident ratio under subsection
(b)(1) of this section so long as the individual:
(A)
has received training in recognizing and reporting abuse,
exploitation and neglect;
(B)
has been certified in
(i)
first aid;
(ii)
cardio-pulmonary resuscitation; and
(iii)
a TJPC approved physical restraint technique; and
(C)
has received training on the contents and implementation
of the suicide prevention plan.
(c)
Level of Supervision.
(1)
When present outside of their rooms, residents shall be
in the constant physical presence of a short-term detention officer.
(2)
Private visitation between one resident and an attorney,
authorized visitor or clergy does not require the constant physical presence
of a short-term detention officer.
(3)
When residents are placed inside of their rooms, the short-term
detention officer shall:
(A)
visually observe each resident at staggered intervals not
to exceed 15 minutes; and
(B)
document each observation made with the time of the observation
and a general description of the resident’s behavior.
(d)
Communication. At least one short-term detention officer
on every shift shall carry on their person two-way radio communication with
local law enforcement.
(e)
Technology. Video and audio monitoring devices shall not
substitute for supervision by short-term juvenile detention officers.
§351.6.Data Collection.
The facility administrator shall ensure that accurate annual statistics
are gathered and recorded, including:
(1)
total number of admissions;
(2)
total days of care provided;
(3)
residents’ age;
(4)
residents’ gender;
(5)
residents’ race;
(6)
referring offense of those detained;
(7)
length of stay;
(8)
average cost per resident per day;
(9)
total number of physical restraints applied;
(10)
total number of mechanical restraints applied;
(11)
total number of room confinements;
(12)
total number of resident related injuries to detention
staff; and
(13)
total number of incidents where chemical agents were applied.
§351.7.Residents' Records.
(a)
Facility Records. The facility shall maintain:
(1)
dated and signed record of entries by the staff supervising
the residents;
(2)
a daily report of admissions and releases; and
(3)
a single document to identify all residents in the facility
and their housing assignment.
(b)
Admission Records. At the time of admission, the following
information will be documented in each resident’s admission record:
(1)
date and time of admission;
(2)
name;
(3)
nicknames and aliases;
(4)
social security number;
(5)
last known address;
(6)
detention criteria as required by the Texas Family Code §53.02(b);
(7)
referring offense;
(8)
name of attorney;
(9)
name, title, and signature of delivering individual;
(10)
gender;
(11)
race:
(12)
date of birth;
(13)
place of birth;
(14)
citizenship;
(15)
current education level;
(16)
last school attended;
(17)
name, relationship, address, and phone number of parents,
guardian, or persons with whom the resident resides at admission; and
(18)
health assessment.
(c)
Residents Records Maintenance. Resident records shall be
maintained in accordance with:
(1)
a uniform format for identifying and separating files,
and
(2)
procedures to ensure confidentiality of records.
(d)
Resident Record Contents. Each resident’s record
shall include at least the following:
(1)
offense report, offense narrative, arrest warrant, or directive
to apprehend;
(2)
signed inventory of cash and property surrendered signed
by the resident and short-term detention officer;
(3)
list of approved visitors;
(4)
name of assigned probation officer;
(5)
record of resident's notification of program rules and
disciplinary policy;
(6)
record of resident’s notification of the facility’s
grievance procedures;
(7)
behavioral record including any special incidents, discipline,
or grievances;
(8)
referrals to other agencies;
(9)
a copy of the completed TJPC standard screening tool; and
(10)
final release or transfer report.
§351.8.Physical Plant.
(a)
Sleeping Units. All sleeping rooms constructed and/or placed
into operation on or after the effective date of this standard shall be utilized
as single occupancy.
(1)
Sleeping rooms constructed and/or placed into operation
on or after the effective date of this standard shall have a minimum ceiling
height of seven and one-half feet.
(2)
Sleeping rooms constructed and/or placed into operation
on or after the effective date of this standard shall have a minimum of 60
square feet of floor space.
(3)
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.
(4)
There shall be separate sleeping rooms for male and female
residents.
(b)
Exits. Facility exits shall be clear of obstruction and
properly marked for evacuation in the event of fire or other emergency.
(c)
Storage. Storage of cleaning supplies and equipment shall
not be accessible to residents.
(d)
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)
maintenance of a current fire drill log;
(2)
proper disposal of combustible refuse;
(3)
a posted plan for prompt evacuation of the facility;
(4)
required quarterly fire drills on all shifts; and
(5)
procedures for use and control of flammable, toxic, and
caustic materials.
(e)
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/fire safety inspection
shall be completed prior to the facility becoming operational.
(2)
All subsequent Life Safety/fire safety 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 codes used during the inspection;
(B)
any corrective action required;
(C)
the name and title of person conducting the inspection;
and
(D)
the date(s) of the inspection.
(f)
Population. The population of the facility shall not exceed
the rated capacity of the facility.
(g)
Lighting. There shall be lighting available for the residents.
(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)
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
(C)
cooling systems.
(3)
access to a drinking fountain.
(j)
New Facilities. All facilities placed into operation on
or after the effective date of this standard shall provide for the following:
(1)
Natural Lighting. All housing areas shall provide natural
light available from a source within 20 feet of the area.
(2)
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.
(3)
Personal Property. Space shall be provided for secure storage
of the resident’s personal property.
(4)
Alternate Power Source. The facility shall have an alternate
source of power to operate:
(A)
operate lights;
(B)
communications systems; and
(C)
electric door locks.
(5)
Preventive Maintenance.
(A)
A written plan shall provide for emergency repair or replacement
of equipment.
(B)
Power systems shall be tested at least every two weeks,
the results documented and any deficiencies corrected.
(C)
All emergency equipment and systems shall be tested at
least monthly, the results documented and any deficiencies corrected.
(6)
Ventilation. An alternate means of ventilation shall be
maintained in case regular power is interrupted.
(7)
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
the Americans with Disabilities Act.
(8)
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.
(k)
Co-located Facilities. If the short-term detention facility
is located in the same building or is on the grounds of any type of adult
corrections facility, it shall be a separate, self -contained unit. All applicable
federal and state laws pertaining to the separation of juveniles from adult
inmates shall apply.
§351.9.Security and Control.
(a)
Policy. Written policies for security and control of the
facility shall include the following:
(1)
procedures to continue operation in the event of a work
stoppage;
(2)
key control;
(3)
control of the use of:
(A)
tools;
(B)
medical equipment; and
(C)
kitchen tools; and
(4)
provisions to prevent firearms from entering the secure
area of the facility.
(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 the following conditions:
(1)
residents may be required to submit to a pat down/frisk
search to prevent concealment of contraband and as necessary for facility
security;
(2)
residents may be required to submit to an oral cavity search
to prevent concealment of contraband, to ensure the proper administration
of medication, and as necessary for facility security;
(3)
residents may be required to surrender their clothing and
submit to a search as necessary for facility security;
(4)
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
(5)
an anal or genital body cavity search may be conducted
only by a physician.
(c)
Special Incidents.
(1)
All special incidents including, but not limited to, riots,
rebellion, the taking of hostages, escapes, and assaults shall be reported
in writing to the facility administrator.
(2)
A copy of the report shall be placed in the permanent file
of the resident(s) involved in the incident.
(d)
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 shall be maintained at all
times.
§351.10.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 exercise used for discipline, compliance, or intimidation.
(b)
Enforcement.
(1)
Rule violations and corresponding staff actions shall be
recorded in the resident's record.
(2)
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.
§351.11.Food.
(a)
Nutritional Requirements. Meals shall be well balanced
and nutritious.
(b)
Modified Diets. Modified diets shall be provided in the
following circumstances:
(1)
upon the recommendation of a physician or dentist; or
(2)
when a resident’s religious beliefs require it.
(c)
Staff Meals. Facility staff on duty where residents are
eating need not eat, but if they do, they shall eat the same food served to
the residents unless:
(1)
a special diet has been ordered by staffs’ physician
or dentist; or
(2)
a special diet is required by staff’s religious beliefs.
(d)
Daily Schedule.
(1)
Three meals shall be provided daily.
(2)
Two of the meals shall be hot.
(3)
No more than 14 hours may elapse between the evening meal
and breakfast unless a snack is provided.
(4)
Residents shall be allowed no less than 10 minutes to eat.
§351.12.Hygiene.
(a)
Bedding and Towels. Bed linens shall be clean.
(b)
Housekeeping Plan. A written housekeeping plan shall be
followed which promotes cleanliness, facility sanitation, and control of vermin
and pests.
(c)
Clothing. Clean socks and underclothing shall be issued
daily.
(d)
Personal Hygiene. Residents shall be required to bathe
or shower daily.
(e)
Hygiene Plan. Residents shall be given appropriate instruction
on hygiene and shall be required to comply with acceptable rules of personal
cleanliness and oral hygiene.
§351.13.Health Care Services.
(a)
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.
(b)
Medical Release. Documentation of consent for medical treatment
received in accordance with Texas Family Code Section 32.001, shall be maintained
in applicable resident files.
(c)
Medication. In accordance with Texas Human Resources Code
Section 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.
(d)
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 suicidal behavior;
(ii)
screening methodology to assess 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, 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
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 short-term juvenile detention officers shall be trained
annually 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 facility
administrator’s review of the facility’s policies and procedures
in accordance with §351.2(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 short-term
juvenile detention officer at staggered intervals not to exceed every 10 minutes.
(ii)
The short-term 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 short-term juvenile detention officer; and
(II)
the short-term juvenile detention officer shall document
physical observations of a high risk resident at staggered intervals of 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 short-term 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 short-term juvenile detention officer assigned to work
in a facility’s primary 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 short-term 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 §351.1(10)(A),(B),(E),(F) and (G) of this chapter 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 section §351.1(10)(A)(B)(E)(F)
and (G) 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 paragraph (2)(B) of this section.
§351.14.Communications.
(a)
Visitation.
(1)
Written policies shall allow for regularly scheduled visitation
and procedures for emergency visitation.
(2)
The parents or guardians of the resident shall be provided
a copy of the visitation schedule.
(3)
A registry shall be maintained to document the name and
relationship to the resident of all visitors.
(4)
Attorneys and their representatives may visit residents
at any time.
(b)
Telephone.
(1)
Written policies shall allow reasonable and fair access
to telephones and detail the specific time, length, and other limitations
on calls.
(2)
The parents or guardians of the resident shall be provided
a copy of the policy.
(c)
Mail.
(1)
Limitations. A resident's rights to privacy and correspondence
may not be limited except when:
(A)
probable cause exists to suspect that the 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. If such cause
exists, then facility staff shall:
(i)
ask the resident’s permission to read the letter;
(ii)
if permission is denied, request a search warrant prior
to opening and reading the letter; and
(iii)
if a search warrant request is denied, the correspondence
shall be provided to the resident;
(B)
Communication with certain individuals is specifically
forbidden by:
(i)
the resident's court ordered rules of probation or parole;
or
(ii)
by the facility's rules of separation; or
(iii)
a specific list of individuals furnished by a minor resident’s
parents or guardian indicating who they feel should not communicate with the
resident.
(iv)
Such incoming correspondence shall be returned unopened
to the sender.
(2)
Withholding mail. When mail is withheld from the resident,
the reasons shall be documented.
(3)
Materials and Postage. Upon request, residents shall be
furnished with writing materials and postage for no fewer than two letters.
(4)
Legal Correspondence. Residents shall be furnished adequate
postage for legal correspondence.
(5)
Forwarding Mail. Provisions shall be made to forward mail
when the resident is released or transferred.
(6)
Inspection. 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 in their personal property
inventory, with receipt provided, or returned to the sender.
§351.15.Residents’ Rights.
(a)
Illegal Discrimination. Residents shall not be subjected
to discrimination based on race, national origin, religion, sex, or disability.
(b)
Supervision. Residents shall not be subjected to supervision
and control by other residents. Supervision is to be exercised only by short-term
detention officers .
(c)
Legal Counsel. Residents have the right to confidential
contact with attorneys through telephone, uncensored letters, and personal
visits.
(d)
Work. Residents may not be required to work unless the
activity is related to general housekeeping or as required by a court order
or deferred prosecution agreement for community service restitution.
(e)
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.
(f)
Use of Medication. Except upon the order of a physician,
no stimulant, tranquilizer, or psychotropic drug shall be administered to
residents.
(g)
Experimentation. 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.
(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.
(1)
Residents have the right to a program of services including:
(A)
one hour of physical exercise per day outside of the resident’s
cell/sleeping unit; and
(B)
one hour of unstructured activity per day outside of the
resident’s cell/sleeping unit.
(2)
Denial of a service under paragraph (1)(A) and (B) of this
section shall not be used as a means of disciplining a resident. Denial of
a service under paragraph (1)(A) of this subsection and paragraph (1)(B) of
this subsection may only occur during the resident’s assessment period
under §351.4(k) of this title or if the resident poses a threat to himself
or others.
(k)
Treatment and Safety. Residents shall not be subjected
to abuse, neglect or exploitation as defined in Chapter 261, Texas Family
Code.
§351.16.Volunteers and Interns.
If a short-term detention facility has or develops a volunteer or internship
program, the juvenile board shall adopt the following policies:
(1)
a description of the authority, responsibility and accountability
of volunteers and interns who work with the department;
(2)
performance of a Texas criminal history background search
(TCIC).
(3)
performance of a local law enforcement sex offender registration
records check in the city or county where the volunteer or intern resides.
(4)
selection and termination criteria including disqualification
based on criminal history;
(5)
orientation and training requirements including training
on recognizing and reporting abuse, exploitation and neglect;
(6)
a requirement that volunteers and interns meet minimum
applicable professional requirements; and
(7)
a provision for a volunteer and intern registry sign-in
log.
§351.17.Waivers and Variances.
Unless expressly prohibited by another standard, the juvenile board,
chief administrative officer or facility administrator may make an application
for waiver and the juvenile board may make an application for variance of
any standard or standards adopted by the Commission in accordance with §349.2
of this title.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on January 22, 2003.
TRD-200300446
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-6710
, those administrative issues as provided
in section 23 of the Guideline for the Organization, Management, and Operation
of CSCDs, in the State of Texas. The policies and procedures shall be reviewed
by the CSCD director periodically and revised as necessary. The CSCD director
shall provide the TDCJ-CJAD director with a copy of the CSCD's administrative
manual for review when requested.
]
that written policy, procedure, and practice exists for guiding the selection
and utilization of citizen involvement.
]
Courtesy
Supervision. Except in cases of non-CSCD residential facility placements,
courtesy supervision shall be requested if an offender will be in another
jurisdiction for more than 30 days, except when good cause can be shown. Only
the court retaining jurisdiction over a defendant has the authority to modify
or alter a condition of community supervision. CSCD directors shall ensure
that CSOs providing direct supervision to offenders transferred from other
Texas jurisdictions shall fully enforce the order of the court that placed
the individual on community supervision. It is the responsibility of the offender
to comply with the conditions of community supervision as imposed by the court.
CSCD directors shall ensure that CSOs provide the same level of supervision
to courtesy cases as they do for the offenders in their jurisdiction. When
transferring a case for courtesy supervision, the documents necessary for
transfer shall include, at a minimum, the transfer form, the court order placing
the person on community supervision citing all conditions of community supervision,
the offense report, criminal history, tracking number (TRN) and state identification
(SID) number, the pre/post-sentence investigation report where legally mandated,
and any assessments that have been completed. CSCD directors who decline to
provide courtesy supervision to offenders from other jurisdictions shall immediately
notify the original jurisdiction of the reasons for declining courtesy supervision.
]
Resident
] Capacity
and Facility Utilization. The maximum
offender
[
resident
]
capacity of a CCF or CCC shall be defined as the total number of offenders
who can be housed at the facility at any given time as delineated by the operating
agency in the most current community justice plan and approved by the TDCJ-CJAD
director. CCFs and CCCs funded through TDCJ-CJAD shall reach 90% capacity
within the first six months of operation and maintain a minimum of 90% thereafter,
utilizing appropriate and eligible placements only. Any revisions to the maximum
and minimum
offender
[
resident
] capacities for the CCF
or CCC shall be subject to the approval by TDCJ-CJAD through the community
justice plan amendment process.
and personnel
] shall ensure that facility's construction, maintenance,
and operations complies with all applicable state, federal and local laws,
building codes and regulations related to safety, sanitation and health. Records
of compliance inspections, audits, or written reports by internal and external
sources shall be kept on file for examination and review by TDCJ-CJAD and
other governmental agencies and authorities for all time periods from project
or program inception forward. The CSCD director and Facility director shall
promptly notify the TDCJ-CJAD in writing of any circumstances wherein the
facility or its operations do not maintain such compliance.
audits operations
]
shall conform with the applicable sanitation and health regulations and codes.
audits operations
] shall be collected, stored and disposed of
in accordance with an approved plan by the [
appropriate
] regulatory
authority, agency, or department.
monthly
]. Each
shift at least
yearly
[
every quarter
] must have conducted
an evacuation drill when the majority of offenders are present. All facility
personnel must be trained in the implementation of written emergency plans.
The evacuation plan should specify preferred evacuation routes, subsequent
dispositions and temporary housing of offenders, and provision for access
to medical care or hospital transportation for injured offenders and/or staff.
The facility's emergency plan(s) shall be distributed to local authorities
such as law enforcement, state police, civil defense, etc. to keep them informed
of their roles in the event of an emergency. Such emergency plan(s) shall
include the following:
residents
] staff, and visitors.
,
] dated October 31,
2001
[
2001
]. The operations manual shall be submitted to the TDCJ-CJAD Director
for review and approval, and such manual must have been approved by the TDCJ-CJAD
director at least 60 days prior to acceptance of offenders into the facility.
Offenders cannot be accepted into the facility until approval is granted by
the TDCJ-CJAD. The CSCD director and Facility director shall ensure that the
operations manual is reviewed at least every two years, and new or revised
policies and procedures are made available, including all changes, prior to
implementation to designated staff and volunteers. This manual shall be submitted
to TDCJ-CJAD upon request or for auditing purposes.
resident
] population.
force
,
] and all such written reports shall be promptly submitted to the CSCD
director and Facility director for review and follow-up. The application of
restraining devices, aerosol sprays, chemical agents, etc. shall
only
be accomplished
by an individual who is properly trained in the
use of such devices and only
in an emergency by any individual in self-protection,
protection of others or other circumstances as described previously.
residents
] to control contraband and provide for its disposal.
resident's
] interior and exterior movements and
activities can be supervised by specific destination and time. The facility
director or designee may,
at
[
in
] his or her discretion,
grant offenders exterior movements. Exterior movements include, but are not
limited to employment programs, community service restitution, support/treatment
programs, and programmatic incentives. The following minimum requirements
must be met for all exterior movements:
;
]
offender residents
] from abuse,
neglect and exploitation.
participant
] ;
participants
] ;
program participants
] shall
not be utilized to impose corrective actions on other
offenders
[
participants
] ;
a
] an offender [
resident
] or staff
member while at the facility or on assignment (including emergency furloughs
or programmatic incentives) away from the facility;
residents of
] the facility
:
[
.
]
county correctional center
] as a condition of community supervision and the offender is an inappropriate
placement, by statute or standard, or does not meet eligibility criteria of
the facility as approved by the TDCJ-CJAD, the CSCD or Facility director who
is responsible for the management of the CCF/CCC shall notify, in writing,
the court of original jurisdiction of these circumstances. If a CCF or CCC
facility has reached capacity at the time of the eligible offender's placement
to that facility, such offender may be placed on a waiting list for that facility
and returned to the court of original jurisdiction for further instructions
or an alternative sanction.
or
] licensed nutritionist
, or physician
to ensure that they meet the nationally recommended allowances
for basic nutrition.
resident
] receiving the medication, and
the name of the staff distributing it.
and
]
be successful in treatment
].
and
] exploitation
, and discrimination
. Each provider shall have written policy and procedure
to ensure protection of the offender's rights according to federal and state
guidelines.
records
] shall include the following information at a minimum:
assessment;
] ;
developed in accordance with TDCJ-CJAD Standard §163.35(c)(5)
on the Case Supervision or Treatment Plan,
] or through a similar process
approved by the CSCD. Substance abuse treatment shall
be based on needs
identified through assessments and revised according to
[
remain
focused on
] the offender's success or lack of
progress. Treatment
plans
[
progress, and
] shall be reviewed at timely intervals
at a minimum of once each month or when major changes occur (e.g., change
in phase) and shall ensure:
If the program utilizes a
Modified Therapeutic Community modality of treatment, it shall include the
following as minimal components.
]
Detoxification.
] Written policies and procedures shall ensure the following:
Detoxification
] programs shall need detoxification.
Relapse/Intensive Residential Treatment.
] Written policies
and procedures shall ensure the following:
relapse intensive residential treatment
] shall be medically stable, and able to participate in treatment.
45
] days or less
counselors shall complete a comprehensive offender assessment and individual
treatment plan within five
(5)
working days of admission. All other
programs shall complete a comprehensive offender assessment and individual
treatment plan within ten
(10)
working days.
Chapter 195.
PAROLE
Part 11.
TEXAS JUVENILE PROBATION COMMISSION
Subchapter B. JUVENILE BOARD RESPONSIBILITIES
Subchapter C. CHIEF ADMINISTRATIVE OFFICER RESPONSIBILITIES
Subchapter D. FISCAL OFFICER RESPONSIBILITIES
Subchapter E. EMPLOYMENT OF JUVENILE PROBATION OFFICERS
Subchapter F. CERTIFICATION OF JUVENILE PROBATION OFFICERS
Subchapter G. TRAINING OF JUVENILE PROBATION OFFICERS
Subchapter H. DUTIES OF CERTIFIED JUVENILE PROBATION OFFICERS
Subchapter I. JUVENILE PROBATION OFFICER CODE OF ETHICS
Subchapter J. ENFORCEMENT PROCEDURES--CODE OF ETHICS
Subchapter K. MANDATORY CERTIFICATION REVOCATION AND MANDATORY CERTIFICATION SUSPENSION
Subchapter L. COMPLAINTS AGAINST JUVENILE BOARDS
Subchapter M. CASE MANAGEMENT STANDARDS
Subchapter N. DATA COLLECTION STANDARDS
2.
NON-CASEWORKER SYSTEMS
Subchapter O. ELECTRONIC DATA INTERCHANGE SPECIFICATIONS
Subchapter P. TEXAS JUVENILE PROBATION COMMISSION
Chapter 341.
TEXAS JUVENILE PROBATION COMMISSION STANDARDS
Subchapter B. JUVENILE BOARD RESPONSIBILITIES
Subchapter C. CHIEF ADMINISTRATIVE OFFICER RESPONSIBILITIES
Subchapter D. TREATMENT AND SAFETY
Subchapter E. EMPLOYMENT OF CERTIFIED JUVENILE PROBATION OFFICERS
Subchapter F. REQUIREMENTS FOR JUVENILE PROBATION OFFICERS
Subchapter G. CASE MANAGEMENT STANDARDS
Subchapter H. DATA COLLECTION STANDARDS
2.
NON-CASEWORKER SYSTEMS
Subchapter I. ELECTRONIC DATA INTERCHANGE SPECIFICATIONS
Subchapter J. RESTRAINTS
Chapter 342.
STANDARDS FOR HOUSING NON-TEXAS JUVENILES IN TEXAS CORRECTIONAL FACILITIES
Chapter 342.
STANDARDS FOR HOUSING NON-TEXAS JUVENILES IN TEXAS DETENTION AND CORRECTIONAL FACILITIES
Chapter 343.
STANDARDS FOR JUVENILE PRE-ADJUDICATION SECURE DETENTION FACILITIES
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 343.
STANDARDS FOR SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES
Subchapter B. PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS
Subchapter C. PRE-ADJUDICATION SECURE DETENTION FACILITY STANDARDS
Subchapter D. POST-ADJUDICATION SECURE CORRECTIONAL FACILITY STANDARDS
Subchapter E. RESTRAINTS
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 345.
COMMUNITY CORRECTIONS ASSISTANCE PROGRAM
Chapter 347.
TITLE IV-E FEDERAL FOSTER CARE PROGRAM
Chapter 347.
TITLE IV-E FEDERAL FOSTER CARE PROGRAMS
Chapter 348.
JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAMS
Subchapter B. ACCOUNTABILITY
Chapter 348.
JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAMS
Subchapter B. ACCOUNTABILITY
Chapter 349.
GENERAL ADMINISTRATIVE STANDARDS
Subchapter B. WAIVER
Subchapter C. CERTIFICATION AND RECERTIFICATION
Subchapter D. DISCIPLINARY HEARINGS
Subchapter E. COMPLAINTS AGAINST JUVENILE BOARDS
Subchapter F. ABUSE, EXPLOITATION AND NEGLECT INVESTIGATIONS
Subchapter G. CONFIDENTIALITY AND RELEASE OF ABUSE, EXPLOITATION AND NEGLECT INVESTIGATION RECORDS
Subchapter H. MEMORANDA OF UNDERSTANDING
Chapter 349.
STANDARDS FOR CHILD ABUSE AND NEGLECT INVESTIGATIONS IN SECURE JUVENILE FACILITIES
Subchapter B. CONFIDENTIALITY AND RELEASE OF RECORDS
Chapter 351.
STANDARDS FOR HOLD-OVER DETENTION FACILITIES
Subchapter B. HOLD-OVER DETENTION FACILITY STANDARDS
Subchapter C. HIRING, CERTIFICATION AND RECERTIFICATION OF JUVENILE DETENTION OFFICERS
Chapter 351.
STANDARDS FOR SHORT-TERM DETENTION FACILITIES
Subchapter B. SHORT-TERM DETENTION FACILITY STANDARDS
Subchapter C. SHORT-TERM JUVENILE DETENTION OFFICERS